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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

SA women’s Hockey players give a recount of Hockey World League

2015-07-02

Nicole Walraven and Liné Malan
Photo: Hatsu Mphatsoe

Three of the star players of Kovsies Hockey formed part of the South African Women’s Hockey team, which competed at the Hockey World League (HWL) tournament in Spain.

Hatsu Mphatsoe, student assistant at the Department of Communication and Brand Management, spoke to Nicole Walraven and Liné Malan. Tanya Britz will be returning only at a later stage to South Africa.

As key players in the Kovsies women’s team, Malan and Walraven (along with Britz) have a new wealth of knowledge that could assist the team in their forthcoming USSA tournament. Here are some of the sentiments they had to share:

What was your reaction when you first received the news that you’d be representing the country in Spain?

Liné: “It was a shock to me, I honestly didn’t expect it. At the same time, I was extremely excited to be granted the opportunity to represent my country, and prove my worth to the team.”

Nicole: “I was so excited and felt honoured! To represent my country at such a big tournament is amazing. I was very nervous, but excited.”

How has playing at an international level improved your personal performance and mentality of the game/sport?

Nicole: “Playing at such a high level has helped my hockey immensely. It has helped me read the game better, it has upped my self-confidence, and it has also improved my ability to deal with pressure.”

Liné: “Playing at an international level looks much easier than it is. It is a much faster game, the pressure on the ball is much higher, and the individual skills are on a different level. It has helped me to lift my game, and make decisions much quicker. It has honestly benefitted me as an individual, and I’ve learnt so much from the experience.”

Now that you’ll be going to play at the USSA tournament, what new perspectives do you wish to bring to the team in order to improve its overall performance there?

Nicole: “The importance of teamwork as well as adapting the game plan according to the situation and the opposition. Constant hard work and a never-give-up attitude are vital. One quote that stood out from the tournament is ‘1MT, 1MT’ which stands for ‘1 More Thing, 1 More Time’.

Liné: “Going to USSA, I now have a better understanding of what pressure is, and how to make better decisions. We will still make use of our Kovsies brand of Hockey, which is our passing game, and apply all aspects to the best of our ability.”

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