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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

Rag teamwork leads to Armentum, Emily's float

2016-02-04

Rag video clip

Perhaps the residences Armentum and Emily Hobhouse were thrown into the deep end, but they still wanted to prove a point.

This is according to Hanko Minnaar, Residence Committee member for Rag at Armentum, shortly after the residences were announced as overall float winners of the University of the Free State (UFS).

According to Minnaar, Emily Hobhouse and Armentum overcame the challenge of building a float as a two-residence team, while most of the other hostels were in teams of three.

On 30 January 2016, after about two weeks of hard work and sweat, the residence twosome was named the winner at the Bloemfontein Campus.

“I am very proud. We couldn't have asked for more,” Minnaar said, after the residences Armentum and Emily Hobhouse celebrated their victory with house songs. “Anything is possible through teamwork.”

Tom and Jerry, Olaf and a Steri Stumpie

The theme for this year was “Cartoons, Animation, and Children's Snacks”. Among other items, Armentum and Emily Hobhouse had Tom and Jerry, Olaf from Frozen, a Steri Stumpie, and a box of Astros on their float.

Photo: Charl Devenish

“We thought hard about what we wanted,” Minnaar said.

“We also asked some children, and they said that Tom and Jerry is a favourite, and Olaf has always been a winner as well. And Steri Stumpies, of course. Who doesn't like Steri Stumpies?” The residences Marjolein, Veritas, and Akasia were second overall, with Karee, Vergeet-My-Nie, and Sonnedou third.

Colourful processions

The events of the day started off with a morning procession from the Pelonomi Hospital to the Twin City Mall in Heidedal, where students and the community celebrated together, and meals were distributed.

The evening procession, from the Tempe robot in Nelson Mandela Drive to the Old Grey Sports Grounds, was greeted by hordes of spectators along the way.

Artists and Co captivate audience

In the evening, music lovers were entertained at Old Grey Sports Grounds by the legendary artists Vusi Mahlasela, the talented Karen Zoid, and an energetic Francois van Coke.

Local bands, Rise in Red and Simple Stories, added to the excitement. To top it all off, a special laser show made for a colourful visual bonus, coupled with great sound.

2016 Float results
Rag photo gallery

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