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03 April 2023 | Story Valentino Ndaba | Photo Supplied
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

African Student Affairs Conference a huge success
2011-05-24

 
Mr Rudi Buys, UFS Dean of Student Affairs, Mr. Folabi Obembe, Managing Director of Worldview International, Ms Birgit Schreiber, Director of the Centre for Student support services at the University of the Western Cape, Dr. Augustinah Duyilemi, Dean of Student Affairs at the Adekunleh Ajasin University in Nigeria, Dr. Christina Lunceford, assistant Director for the Centre for Research on Educational Access and Leadership at California State University in America, and Prof. Cecil Bodibe, student affairs veteran and consultant.
Photo: Earl Coetzee

The African Student Affairs Conference (ASAC), which took place on our Main Campus last week, was a major success, with two days of lectures and discussions and two pleasant social gatherings, where delegates had the opportunity to get to know each other.

The conference, hosted on African soil for the first time, and co-hosted by the University of the Western Cape (UWC), started on Wednesday 18 May 2011 with an informal welcoming session. Delegates got to meet each other and Mr Rudi Buys, UFS Dean of Student Affairs, explained the meaning of South African words like "kuier" and "lekker'.

The official start of events took place on Thursday 19 May 2011, in the Reitz Hall in our Centenary Complex. The conference was attended by delegates from universities across the continent and aimed to place the focus on issues relating to student affairs in an African context.

Delegates shared and exchanged strategies, ideas and resources, and discussed issues related to the work of student affairs professionals. The conference hoped to promote an exchange of best practice and assist attendees in identifying successful programmes.

Among the topics discussed on the first day, were “Constructing Post-Conflict Democracy on campus: a case study of transformation of student governance and political engagement as post-conflict intervention”, by Mr. Buys, and a discussion on ways in which social and online media can be used to ease the challenges of student interaction, development and support, by Ms Birgit Schreiber, Director of the Centre for Student Support Services at UWC.

A panel discussion, led by Mr Buys and several members of our Interim Student Council (ISC), discussed the specific challenges faced at the UFS.  The importance of buy-in from role-players in decisions taken by University management in order to ensure their success, was discussed, using the UFS and our recent changes as an example.

The successful integration of residences on campus inevitably came under the spotlight and the recently resolved Reitz-saga was named as a catalyst in getting students less apathetic and more involved in attempts at creating racial and social harmony.

Dr Christina Lunceford, Assistant-Director of the Centre for Research on Educational Access and Leadership at California State University, presented a paper entitled A National Approach to Building Capacity in Student Affairs in South African Higher Education.

She commented on the fact that there is little or no philosophical framework or explicit theory that informs practice of student services in South Africa.

According to Dr Lunceford, student development should be a key concern for every department or unit within student services and emphasized the need for a centralized student development unit at each university.
She also touched on the need for institutions to implement support from international student affairs professional associations, professional development for student affairs practitioners, the utilization of technology to support professionals in the field, and working with international partners to explore future opportunities, as ways in which student affairs can be used to drive performance and change at universities.

The conference continued in the Scaena theatre on Friday 20 May 2011, with presentations by Dr Augustinah Duyileme, Dean of Student Affairs at Adekunle Ajasin University in Nigeria, and Prof. Bobby Mandew, Executive Director of Student Affairs at the University of Johannesburg (UJ).

Dr Duyileme presented a paper on the challenges faced by Nigerian universities with regard to student conflict and protests, which often turn violent, and how such violence can be curbed through proper planning and management.

Prof. Mandew presented a very well-received presentation on UJ’s successful off-campus housing initiative, which involves home-owners and business owners in the areas surrounding their campuses.

Their approach demonstrated how proper planning can prevent problems associated with over-population in private homes and conflict with neighbours of the university, usually related to an influx of students into residential neighbourhoods.

This problem is faced by many universities, as more and more students flock to universities on the continent and campus residents cannot accommodate them.

The conference came to a close on Friday, with most delegates agreeing that the exchange of knowledge which took place was extremely valuable.

Ms Deborah Lahlan, of Nigeria, said: “This is an important conference for Africa and it should become a regular event.”
 

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