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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

Three minutes for research

2015-09-07

When you have only three minutes in which to explain an 80 000-word thesis, every second counts. This is what researchers from across the country realised during the first national round of South Africa’s Three-minute thesis competition.

The University of the Free State (UFS) Postgraduate School hosted this international competition on the Bloemfontein Campus, where master’s and doctoral students from 12 universities participated. During the competition, each researcher had to give a presentation on his/her research within three minutes.

Dr Henriette van den Berg, Director of the UFS’s Postgraduate School, and presenter of the two-day competition, said the competition is the ideal platform to teach researchers how to become effective research communicators.

“It is important that researchers should learn to communicate the essence of their research to audiences that aren’t necessarily specialists in the field. They should also be able to emphasise how their research contributes to the success and well-being of communities. Researchers often have to explain to persons who aren’t specialists in their specific research area the reasons why it is important to fund the research, for example, or during a work interview. They should be able to convey the essence of their research effectively in a very short time.”

The 3MT competition, which originated at the University of Queensland in Australia, has in 2010 developed into an international trend since its inception. Currently, the 3MT is presented in Australia, the USA, and the UK.

For the competition, participants are given just three minutes to explain their research. In this time, they have to explain the problem and the methodology, as well as why this research is important. Participants are allowed to make use of only one piece of static imaging material for support.

A panel of judges from the participating universities were selected to assess each presentation, based on how well participants expressed themselves in such a short time, and on their choice of imagery.

Gavin Robinson from the University of Johannesburg, Cameron McIntosh, and Ingrid Alleman, both from the UFS, were the respective winners in the categories for doctoral and master’s students.

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