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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

Regional Conference on Trafficking in Human Beings

2007-06-29

Trafficking in Human Beings:
National and International Perspectives

Date: 17th August 2007
Address: CR Swart Auditorium, University of the Free State, Bloemfontein, South Africa.

Every year thousands of children and adults become victims of trafficking and abuse in South Africa and throughout the southern African region. Victims are trafficked for a myriad of reasons: sexual exploitation, including prostitution and pornography; illegal labour, including child conscription; domestic servitude; illegal adoptions; body parts/organs; and forced marriages.

The Unit for Children’s Rights, Department of Criminal and Medical Law, University of the Free State (UFS), together with the Centre for Continuing Legal Education at UFS, will host a Regional Conference on Trafficking in Human Beings. The conference will bring together key role-players from the South African government as well as crucial international non-governmental organizations (NGOs) in the region.

Trafficking in human beings, especially women and children, is a serious violation of the human rights of the victims, as well as an extremely profitable source of income to organized crime, and needs the attention and intervention of both governmental and non-governmental institutions in South Africa.

Speakers will include representatives from the United National Office on Drugs and Crime (UNODC), the International Organization for Migration (IOM), the National Prosecuting Authority (NPA), the South African Law Reform Commission, the Unit for Children’s Rights-UFS, and NGOs Molo Songololo and Terre Des Homes, that work with child trafficking victims in South Africa and around the world.

The media are invited to report on the conference, and interview speakers and presenters Attached find programme. For more info contact the following persons.

1. Beatri Kruger - 051 401 2108 / email: krugerh.rd@mail.ufs.ac.za
2. Susan Kreston - 051 401 9562 / email: krestons.rd@mail.ufs.ac.za
3. Elizabeth Snyman – 051 401 2268 / email: snymane.rd@mail.ufs.ac.za

Programme

Trafficking in human beings:
National & international perspectives

Presented by The Unit for Children’s Rights, Department Of Criminal & Medical Law , Faculty of Law, in Conjunction with The Centre for Continuing Legal Education, University of the Free State.

Funded through the Generosity of the United States Department of State

17 AUGUST, 2007 – CR SWART AUDITORIAM

8:00-8:30 Registration & Tea
8:30-8:45 Opening & Welcome
Prof. JJ Henning, Faculty of Law
8:45-9:40 Overview & Global Perspective
Prof. Susan Kreston - Unit for Children’s Rights, Faculty of Law-UFS

9:40-10:00 TEA

10:00-10:45 International Perspectives & the Role of Organized Crime in Trafficking
Wiesje Zikkenheiner, Associate Expert
United Nations Office on Drugs & Crime, Pretoria
10:45-11:45 Identifying and Assisting Victims of Trafficking
Marija Nikolovska, Project Officer
International Organization for Migration, Pretoria

11:45-12:30 LUNCH

12:30-1:15 Prosecuting Trafficking Without Trafficking Laws
Adv. Nolwandle Qaba, Sexual Offences & Community Affairs Unit
National Prosecuting Authority, Pretoria
1:15-2:15 Recommendations for New Legislation in South Africa
Lowesa Stuurman - South African Law Reform Commission, Pretoria

2:15-2:30 TEA

2:30-2:50 The Role of Terre Des Homes in Fighting Trafficking in Children
Judith Mthombeni– Terre Des Homes, Pretoria
2:50-3:50 Trafficking in Children in South Africa – A Front Line Perspective
Patrick Solomon - Molo Songololo, Cape Town
3:50-4:00 Closing Remarks
Adv. Beatri Kruger
Department of Criminal & Medical Law - UFS

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