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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 resilience shines despite rain

2017-02-07

Winning float for 2017: Armentum, Vergeet-My-Nie,
and Emily
Photo: Lelanie de Wet

Although the 75th RAG festivities were challenged by ominous weather, in true Kovsie spirit students and organisers still made a gleaming success of the day.

Students help to create sunny feeling
On 6 February 2017, the annual float-building activities culminated in the handing over of schoolbags to 150 learners from schools in and around Bloemfontein. This took place at the Rag Farm on the Bloemfontein Campus of the University of the Free (UFS), since the morning procession to Twin City Mall in Heidedal had to be cancelled due to bad weather.

“It is of course a huge disappointment to all of us that the events had to be cancelled, but we are grateful for the rain,” said Karen Scheepers, Head of Kovsie Rag Community Service and Assistant Director: Student Affairs.

The evening KFC Rag procession took place as planned, with students having the option of taking part despite the weather. Unfortunately, the Chevrolet Music Festival had to be cancelled.

“The very important actors of today are our students who have worked long hours to build the floats and who have worked together to make this rainy day on the outside feel sunny inside,” said Prof Francis Petersen, incoming UFS Vice-Chancellor and Rector, when he addressed the crowd at the Rag Farm. Prof Petersen will take up office on 1 April 2017.

Armentum, Vergeet-My-Nie, and Emily take honours
Armentum, Vergeet-My-Nie, and Emily Hobhouse were the overall winners of the 2017 Rag float-building. “It was worth the hard work. Always remember to ask for advice during float-building,” said Pieter Kotze, RC Rag of Armentum residence on the Bloemfontein Campus. “I also want to thank both the RC Rag from Vergeet-My-Nie and Emily Hobhouse.”

The float theme was Proudly South African, and the winning float encapsulated it with local flavours such as Chappies, a Rooibos tea box and a Lion matchsticks box. They also went the extra mile by incorporating each hostel’s logo within a Chappie design.

The Central Rag Committee would like to thank all their sponsors who made the events possible. The Rag Coronation Ball will take place on 17 February 2017, where the new Rag Queen and Mr Rag will be crowned.

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