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Juxtaposing human rights and human trafficking in South Africa

15 March 2021 | Story Prof Beatri Kruger | Photo Anja Aucamp

Prof Kruger web read more — Prof Beatri Kruger is a research fellow in the Free State Centre for Human Right at the UFS.

John Miller from the United States Office to Monitor Trafficking in Persons calls human trafficking: "The greatest human rights challenge of our generation."

But is this really the current position in South Africa? Let us do a reality check. New evidence-based insights were gained from convictions in several adult, as well as 25 child trafficking cases.

In 2011, Roelofs penned a picture of (sex) trafficking:

"It is a product of an increasing sex obsessed world with billions of dollars being earned from pornographic magazines, television channels and prostitution all because of slumping morality. It is obviously a very lucrative business. Whereas drugs and other narcotic substances can be used only once; a girl used as a sex slave can be sold over and over. This is the tragedy of this cruel exploitation of the vulnerable in our societies."

Exploitation of the vulnerable for financial gain

In 2019, in S v Ediozi Obi (case no CC40/2018), judge Natvarlal Ranchod referred to the above quote and concluded: “This is tragically illustrated in this matter before me …” In this case, several victims were vulnerable young children. They were trafficked, groomed, and repeatedly raped. “They were prostituted for accused 1's financial benefit. It is a sad indictment of certain members of the police force who were expected to bring perpetrators to book but instead, exploited the situation to their own advantage by taking bribes and themselves taking advantage of the young victims. This is some of the evidence that came out in this trial.”

In 2017 in S v Adina Dos Santos, the trafficker was sentenced to life imprisonment, which was confirmed on appeal. The evidence was that the trafficker promised minor Mozambican girls work in her hair salon in South Africa and an opportunity to study while working there. The girls, who were looking for a better life, were eventually threatened and forced to use narcotic drugs and then have sexual intercourse with several men daily. Recently, two female traffickers were sentenced to 19 life sentences in S v Seleso for sexually exploiting a minor girl online by advertising her sexual services to clients on a website.

A multitude of human rights are being violated in human trafficking scenarios. It ranges from violating the right to dignity, privacy, and life, to the right to be free from all forms of violence and not to be treated in a cruel, inhuman, or degrading way. – Prof Beatri Kruger

The trafficking convictions further confirmed that, apart from sex trafficking, victims are also trafficked for other purposes in South Africa. Children as young as eight were trafficked from Mozambique and Nigeria to be exploited for labour purposes. The cases further confirmed that traffickers use an aberrant form of the ukuthwala custom as a guise to traffic minor girls into forced marriages. Furthermore, children were kidnapped and sold. A young mother even advertised her baby on Gumtree for R5 000.

Multitude of human rights are violated in human trafficking

This is a snapshot from our case law. Despite the culture of human rights enshrined in our constitution, it is clear that a multitude of human rights are being violated in human trafficking scenarios. It ranges from violating the right to dignity, privacy, and life, to the right to be free from all forms of violence and not to be treated in a cruel, inhuman, or degrading way. Judge Ranchod rightly declared in S v Obi that human trafficking violates basic human rights and is the cause of immeasurable trauma for victims, their families, and the communities in which they live. Protecting trafficked persons and their human rights is crucial – we have a great task ahead.

News Archive

Centre for Universal Access and Disability Support HOD selected as prestigious Fulbright scholar

2015-06-24

Hetsie Veitch and Gabriela Schroder
Photo: Valentino Ndaba

Hetsie Veitch, who has served as the Head of the Centre for Universal Access and Disability Support at the university for the past seven years, recently won the prestigious Fulbright Scholarship for studies in the USA. Hetsie has been placed at the renowned Syracuse University in Upstate New York, where she will read for a PhD in Disability Studies in the School of Education.

By focusing on matters of social justice in the pedagogy of higher education, Hetsie will explore the creation of universally accessible learning spaces for students so that she can apply these ideas on her return to South Africa in four years.

Under her leadership, the Unit for Students with Disabilities (USD) was transformed into the Centre for Universal Access and Disability Support (CUADS) in order to reflect new approaches to universal access and universal design.“It is my ultimate goal,” says Hetsie, “to create an institutional culture that includes and welcomes all students with disabilities.”

It is difficult to fully capture the enormous contribution Hetsie has made to the UFS in disability justice, by establishing platforms for students with disabilities that enable them to be appreciated as individuals, and to excel in academic studies.

One of our star students, Gabriela Schröder, also won the prestigious Fulbright Scholarship. Gaby, as she’s called, will be taking up doctoral studies in Biochemistry at a leading university in her field, namely North Carolina State University in Raleigh, North Carolina.

Gaby earned her BSc Honours degree in Biochemistry at the University of the Free State, after also completing her undergraduate studies in Chemistry and Biochemistry at Kovsies.

She participated in the F1 Leadership for Change Programme (Class of 2011) as part of the first-year cohort that went to the University of Vermont. In 2012, she was selected to participate in the elite Stanford Sophomore College Programme with students from Oxford University (UK) and Stanford University in California.

In 2014, Gaby was awarded the Dean's Medal, a distinction which is presented to the best final-year student studying towards a Bachelor’s degree in the Faculty of Natural and Agricultural Sciences. She was also the proud recipient of the Senate Medal, awarded for academic excellence in the achievement of a Bachelor’s degree at the university.

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