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Dr Marcel van der Watt is a Research Fellow at the Free State Centre for Human Rights at the University of the Free State.

Not only is human trafficking illegal, but it also constitutes a gross violation of human rights. The fundamental rights of trafficked individuals to make their own decisions, to move freely, and to work for whomever they choose are violated by traffickers, who treat them like a commodity.

The first report from a larger study on the scope and nature of human trafficking in South Africa was released at an opportune moment, as the country observes Human Rights Month. The study's recommendations will help to ensure that South Africans' rights are upheld and safeguarded. The evidence of the comprehensive study (to be released in March) will elevate data into a more prominent role in public-policy debates and bolster South African institutional capacity to participate in, and lead this process through partnership with United States institutions and engagement with the Government of South Africa (GOSA).

The report is a culmination of a comprehensive multi-year, multi-sectoral, and multidisciplinary Trafficking in Person (TIP) study conducted by the United States Agency for International Development (USAID) in collaboration with research partners, including Dr Marcel van der Watt, a Research Fellow in the Free State Centre for Human Rights (FSCHR) at the University of the Free State (UFS). 

The goal of the report titled: Research into the nature and scope of trafficking in persons in South Africa: Prevalence insights from the criminal justice system and relevant reporting mechanisms, is to educate policymakers in the GOSA, as well as development and implementing partners, service providers, and others about the scope and nature of trafficking in persons in South Africa.

According to Dr Marcel van der Watt, “the findings from the research confirm that sex trafficking continues to make up most of both reported cases and prosecutions of TIP, while labour trafficking prosecutions, similar to trends observed internationally, are severely lacking. Extreme violence is meted out by traffickers, while places where exploitation occurs are embedded in communities and operate for protracted periods without any meaningful law enforcement intervention. The prominence of consumer‐level demand for commercial sex was evident in potentially thousands of sex buyers who “used the services” of adult and child victims of sex trafficking.”

“Despite adequate laws to address this dimension of TIP in South Africa, sex buyers continue to exploit women and children with impunity. Several adult websites, some advertised on public roadways, are repeatedly implicated in ongoing and successful sex trafficking prosecutions, yet none have been prosecuted,” said the UFS Research Fellow. 

He added that the findings are but just some of those that paint a concerning picture, especially considering the proposed Bill by the South African government that will make brothels, brothel-keeping, pimping and sex buying legal in the country. The question we need to ask is: How will this play out in neighbourhoods and communities across the country? And how will this decision impact the issue of Gender Based Violence, the safety of women and children, and the problem of human trafficking in the country?

Findings and recommendations

The study's findings show that sex trafficking continues to account for the majority of TIP prosecutions and reported cases, whereas labour trafficking prosecutions are severely inadequate, in line with global trends.

The following recommendations were presented to the Government of South Africa:

  • Establishing an integrated information system to support effective monitoring and implementation of the PACOTIP Act and providing evidence on TIP prevalence, as specified in Section 41(1) (b)
  • Employ Section 7 of the PACOTIP Act and Sections 11 and 17 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as legislative tools to reduce the demand that encourages trafficking in persons for sexual exploitation
  • Implement and abide by South African Police Service National Instruction 4 of 2015 to the letter, which is concerned with data integrity, the use of detectives in police stations, and the recording of TIP and associated information on the SAPS crime administration system.
  • In addition to financial investigations, asset forfeiture, and a counter-corruption strategy, establish specialised capacity for proactive, intelligence-led, and court-driven investigations.
  • In research and policy discussions pertaining to prostitution and pornography, gender-based violence, child abuse, labor violations, and irregular migration, give priority to the legally binding TIP definition and "abuse of vulnerability" as defined in the PACOTIP Act in order to accurately identify and prevent the undercounting of TIP cases among these phenomena.
  • Recognise the National Human Trafficking Hotline as an additional official South African reporting system that accepts TIP reports.

About the Free State Centre for Human Rights (FSCHR)

The FSCHR is an institution that focuses on the connection between human rights and transformation through its critical, interdisciplinary, and contextually involved research, advocacy, and legal practice. Research, advocacy, and litigation at the Centre concentrate on issues in the UFS, Bloemfontein, the Free State province, and Lesotho.

Human Rights and Impoverishment, Human Rights and Democracy, and Human Rights and Identities are the three main areas of research for the FSCHR. Courses offered by the Centre include the Interdisciplinary Masters of Human Rights, a Master’s Degree by Full Dissertation, and a doctoral programme in Human Rights, including Doctor of Laws (LLD) and Doctor of Philosophy (PhD). 

The Centre is primarily a research institution for academia, although it also engages in contextual work. In addition to its Research and Postgraduate Divisions, the Centre has a Legal Services Division that works as a Free State-focused public interest litigation unit in collaboration with the UFS Law Clinic and an Advocacy Division that advocates for transformation-related human rights at the UFS.

On the campuses of UFS and more broadly in the Free State Province, Lesotho, and all of South Africa, the Advocacy Division fosters transformation through advocating for and educating about human rights. The FSCHR's Legal Services Division is a strategic litigation unit for human rights that represents clients in court on their behalf or as amicus curiae in an effort to advance social justice, human rights, and transformation. 

The Division focuses on issues that arise in the Free State Province regarding evictions, socioeconomic issues, service delivery issues, accountability in municipal and provincial governance, and corruption. The South African Human Rights Commission, Free State Province, and the UFS Law Clinic cooperate with the Division's operations.

News Archive

UFS launches projects to assist communities and current students
2011-03-16

Prof. Jonathan Jansen, UFS Vice-Chancellor and Rector and Mr Rudi Buys, Dean: Student Affairs, with learners at the  Bloemfontein-Oos Intermediary School.
Photo: Stephen Collett

The University of the Free State (UFS) has launched four exciting projects set out to improve the circumstances of its current and prospective students. These include a project that will honour dedicated and influential educators.

These community service projects in the starting blocks are: the UFS Schools Partnership Project, Extreme Make-over Project, Great Teachers Project and the No Student Hungry Campaign.
 
The Schools Partnership Project aims to support 21 schools across the Free State in helping them to become top achievers in the next three to five years. The schools involved were selected last year, after which the groundwork for the project was finalised. Although it mainly focuses on improving scholars' results in mathematics, accounting, physical sciences and English, it is also custom-designed according to the specific needs of the school, as indicated by the respective governing bodies beforehand. As a bonus, scholars of the schools involved will be given an opportunity to be introduced to student life; something Dr Choice Makhetha, UFS Vice-Rector: External Relations (acting), claimed to be of great importance. “We will invite Grade 10 to 12 learners to winter and summer schools being presented at the university. We will connect learners with students (one student adopts one learner for the day) for them to experience campus life. Grade 12 learners will also receive an invitation to the May 2011 graduation ceremony,” Dr Makhetha said.
 
Adding to the university's involvement at schools on local level, the newly upgraded Bloemfontein-Oos Intermediary School with its 112 UFS-sponsored tables will officially be revealed by the end of April. Although this school's upgrade showcases the power of partnerships, it is of special importance to the university, as it also marks the first school to receive an extreme make-over as part of the 'Extreme Make-over for Schools Project'. This project, in conjunction with the local business community, university staff and students, the community, the Department of Basic Education and SIFE (Students in Free Enterprise), is considered to be a flagship project of the Vice-Chancellor and Rector, Prof. Jonathan Jansen. Part of the project’s agreement includes visits from a group of about 100 students representing campus initiatives such as the UFS’s Kovscom, Rag and SIFE, which will contribute to the improvement of the schools' resources within a period of 10 – 15 weekends. “We invite support from all corners. South Africa has a business community committed to improving the social circumstances of its community and we plead that they also come to the rescue of the Bloemfontein-Oos Intermediary School,” said Dr Makhetha.
 
By spreading a 'can do' attitude, the UFS aims to honour noble and remarkable teachers across the country by means of its 'Great teacher's project'. Through the project, fellow citizens are encouraged to submit their stories on their former or current teachers’ dedication and their positive impact which are often overlooked. The panel of seasoned education scholars and practitioners will select the top 500 stories based on the stories' clarity, distinctiveness, plausibility and affectability, which will be perpetuated in a book called 'Great Teachers', to be released at the end of this year. Proceeds are destined to serve as bursaries for students who wish to pursue a career in education. According to Prof. Jansen the ideal teacher is: “Somebody who was among, but stood out above, their colleagues, a person who made a lasting impact long after the details of subject matter content of examination preparation were forgotten.”
 
Regardless of this exceptional effort of supporting schools across the province, the UFS remains committed to its students and their social welfare by means of the 'No student hungry' campaign. This project provides financially challenged students the opportunity to purchase food from the Thakaneng Bridge on the Main Campus in Bloemfontein by using their student cards at two selected kiosks serving balanced meals. The project, which is under the guardianship of Ms Grace Jansen and Dr Carin Buys, relies solely on several fund-raising projects across the country. These women are the respective spouses of the Rector and Dean: Student Affairs, Mr Rudi Buys. According to Ms Jansen this initiative was proposed after UFS staff reported that many students were struggling to concentrate on their studies due to hunger pangs. Although the campaign recognizes students with strong academic records, it doesn't overlook those who need a food bursary which might result in them dropping out. Ms Jansen said as the external funds gathered increase, so will the amount of students being supported by the project. “The plan is to continue until the fate of hungry students had come to an end,” she said.
 

Media Release
14 March 2011
Issued by: Lacea Loader
Director: Strategic Communication
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za

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