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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

Minister praises MUCPP initiative

2004-10-04

The Minister of Labour, Mr MMS Mdladlana, singled out the Mangaung University of the Free State Community Partnership Programme (MUCPP) for high praise during a conference at the MUCPP complex on 30 September 2004 .

“I am very pleased with what the partnership of different stakeholders can do and I thank all stakeholders for contributing to this initiative. This is the kind of energy that our country needs,” the minister told delegates to the conference.

He said the MUCPP was a very unusual and important partnership that is related directly to the mandate of government and supports two strategic objectives of government, namely halving poverty and halving unemployment.

The MUCPP was launched in 1991 as a partnership between the University of the Free State , the local community of Mangaung, local and provincial government and the private sector, in an effort to develop skills and contribute to fighting poverty.

Some of the existing projects of the MUCPP include:

Health centre (including a 24-hour maternity ward)
Dairy producing yoghurt and amasi
Sewing and knitting project
Indigenous food production (Tsa se tso)
Bakery
Bed and Breakfast accommodation
Etsa phapang (a hydroponic facility growing various vegetables)
Welding project
Low cost housing project
Sport and recreation facilities and programmes

According to the Minister, hundreds of young people, adult learners and people with disabilities have benefited from training and skills development and have become involved in carpentry, welding, painting, cleaning services, gardening and HIV / AIDS awareness programmes.

Minister Mdladlana said he was pleased that through partnerships with several Sector Education and Training Authorities (SETAs) which fall under the Department of Labour, the MUCPP could access hundreds of thousands of rands for such training and development.

“I can just salute those that have made it possible, and to encourage you to keep up the good work,” the minister said.

The MUCPP also provides a means for students of the UFS to render community service. The UFS was one of the first universities in South Africa to adopt a comprehensive community service policy in 2002. In terms of the policy, community service is integrated into curricula through service learning modules.

It is therefore of great importance that the UFS should support community sites such as the MUCPP where a holistic and integrated approach to mutual and reciprocal development of all partners is followed.

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