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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

Khayalami residence launches first in-house library

2016-04-21

Description: 2016 KL News Khayalami library Tags: Khayalami residence launches first in-house library in the country
Bongani Mtotoba (left) and Sinoxolo Gcilitshana (right) at the first-ever 24 hour in-house library at Khayalami residence. The librarian and Deputy Residence Head respectively hope to revive the culture of reading on our Bloemfontein Campus.
Photo: Valentino Ndaba

“It is said that reading means to the brain what exercise means to the body. For that reason, we want to bring back the culture of reading to our students who are, after all, the future replacement of the leadership of our wounded and broken country,” said Sinoxolo Gcilitshana, Deputy Residence Head, and Prime of Khayalami.

Titles such as A Life Ever Lasting by Miranda Hearn, To Live Free by William Wilberforce, Powers of Darkness Powers of Light by John Cornwell, and Character Counts by Charles Dyer are among the 228 inspirational books on the shelves of Khayalami residence’s library. Tuesday 12 April 2016 was a proud moment for the residence as it launched the first library in the country located within a university residence on the Bloemfontein Campus of the University of the Free State.

Last year, Dimpho Jasa, a resident at Khayalami, approached Sinoxolo, who then held the Residence Committee (RC): Academics portfolio, with an idea of forming a book club. Sinoxolo had suggested that a library be established in order to make the book club sustainable. That conversation served as a foundation of the 24 hour in-house library.

“We started with five books last year,” said Sinoxolo, “and ever since we sent the message out, the Vice-Chancellor and Rector, Prof Jonathan Jansen has been supporting us together with the Vice-Rector, Prof Nicky Morgan, as well as the Dean of the Faculty of Education, Prof Sechaba Mahlomaholo, and the Head of the Department of English, Prof Helene Strauss.”

Now, more than 170 young men have access to a growing library that is expected to hold 1500 books by September, when Sinoxolo steps down as the Prime. According to Bongani Mtotoba, the RC: Academics and librarian, some residents have made pledges to help expand the collection. “The response has been quite positive from the guys,” he said.

Borrowers are required to submit a book review upon returning the book. This feedback will be compiled by the English Department into a book available to the public.

Khayalami’s pioneering spirit has also seen the residence run a successful writing competition in 2015. It has since been introduced to the rest of the East College, and now will take place annually.

For more information on how to donate books or enter the writing completion, contact Sinoxolo on 0783332203 or semsinoxolo@hotmail.com.

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