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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

TEDxUFS conference - the highlight of the university’s innovative calendar

2015-08-11

Mmusi Maimane, leader of the Democratic Alliance with co-organisers of TEDxUFS Bonginkosi Leeuw and Lerothodi Molete after his inspirational talk at the event.
Photo: Curtis Nhlamulo Mashimbye

This year’s TEDxUFS speaker lineup persuaded the audience unanimously to question the nature of reality. The Albert Wessels Auditorium on the Bloemfontein Campus was packed with about 200 attendees on Saturday 1 August 2015.

Speakers shared a multiplicity of profound theories and inquisitions, challenging society in general to think out of the box. Melody Mentz, Gil Oved, Ricardo Peach, Pamela Nomvete, Pepe Marais, Mmusi Maimane, Brian Kally, Pieter Geldenhuys, Philippa Tumubweinee, Gareth Cliff, and Angelo Mockie took on to the stage to tackle multidisciplinary concepts as part of the broad ‘Ask Why’ theme.

Innovation mouthpieces share their worldview

Pieter Geldenhuys, the internationally-renowned futurist and Director of the Institute for Technology Strategy, and Innovation proposed that we change our mindsets by neglecting predictability. “We need to look at different models to understand the world around us,” he said. He challenged the linear and familiar ways humans make sense of the universe.

Speaking to the dire need for transformation, Philippa Tumubweinee suggested that university spaces merge with the communities they serve in terms of policies, social atmosphere, and physical structure. Tumubweinee is a senior Lecturer at the Department of Architecture at our university, and co-Founder and Director of Izuba In Africa architects.

“Only we can give permission to be intimidated; so don’t give in,” said Brian Kally, the CEO of Arrow Logistics (Pty) Ltd. Kally underscored the power of believing in our individual ideas.

Guidelines from TEDxUFS organisers

Bonginkosi Leeuw: “If you take your brainchild and implement it, and make it a reality, that’s when you can achieve great things, not before that.”

Lerothodi Molete: “You should ask questions; the moment you ask the question you will understand more.”

Real-time social media feedback

These are some of the comments audience members published on Twitter at the event:

IG: mispertanzy ?@MiesperTanzy Aug 1

A huge shout-out to @TEDxUFS for hosting such a great conference!The team has really made the event an unmissable one on the UFS calendar.

Celebrabitur? ?@HatsuMphatsoe Aug 1

Proximity that allows us to experience our broader society. Truly engaged by Philippa Tumbweinee's talk! @TEDxUFS

TEDxJohannesburg ?@TEDxJoburg Aug 1

A big shoutout to @TEDxUFS from for a fantastic event. Wish we were there.

RicardoPeach ?@ricardopeach Aug 1

Africa is rich with potential #TEDXUFS @MmusiMaimane Yes!

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