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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

SRC Inauguration speech: 22 January 2005
2005-01-22

Campus Head (Prof Peter Mbati). Dean of Students (Dr Natie Luyt). Deputy Director: Student Affairs and my boss (Mr. Teboho Manchu), Members of the University executive and Academic staff members, SRC members, Leaders of trade Unions and Student organizations, Distinguished guests, Ladies and gentlemen, most importantly first entering students and Parents receive my heartfelt revolutionary greetings.

Let me extend my word of appreciation to our distinguished guests for adding value and dignity to this event. Your presence here means a lot to us. Program Director what I bring here with me, assisted by facts, and is therefore just the work of my imagination. Like a love letter addressed to a sweetheart miles away, even though you do not know how she feels, what she wants to hear, and do not even know how her face looks like.

To me a speech is just an honest and intimate conversation. That is why I got into the habit of establishing a dialogue, or a debate, with my acquaintances looking at their faces and trying to persuade them of what I am telling them.

Mr. Speaker and Madam Deputy Speaker of the Student Parliament we are gathering at this ceremony, significantly few weeks after the release of grade 12 results, with the exception of those from Mpumalanga because of fraud. The Grade 12 results also show that only 18% of Black learners matriculated with exemptions, as compared to 53, 6% of white learners. This is an indication that our education system needs an overhaul.

We are also gathered here significantly a day after the management retreat held in Bloemfontein, Masselspoort. The retreat discussed, among other things, the transformation agenda, and some possible solutions to challenges we are facing now.

Most regrettably, we are gathered here when the whole world morns the victims of Tsunami tragedy. Let me therefore tore the line and convey our deepest condolences, from the last robot of my heart, to the affected families. Our hearts and thoughts will always be occupied by this horrified tragedy.

Creating a new Institution

I would submit, for purposes of debate and discussions that this Institution should strive to specialize and excel in regional rural development studies. Since our higher education, institutions in South Africa are generally weak in rural development studies. Instead, most of them tend to have an urban orientation to their programmes. Training everybody for the cities, big business and the private sector. This is a big weakness in a country with such large rural areas and population trapped in poverty, disease and ignorance.

Women’s studies

Program Director, it is only a moron who can argue against the fact that for us to reposition the institution around the regional development challenge, we need to start first with women empowerment. It is a fact that in most of our poor communities and families, it is women who withstand the worst of poverty. They are the ones who daily have to wipe tears from children who are hungry. It is women who look after the sick, the elderly, those dying from AIDS and the jobless. They are the one who have to fetch water, make fire and cook. There can therefore be no rural development studies without women studies, in particular on how to empower them and assist in the provision of basic services, so that they are relieved from some of the burdensome task of the society.

Registration Process

Mr. Speaker and Madam Deputy Speaker of the Student Parliament let me indicate that the registration is a process and not an event, so it cannot be concluded overnight. This huge process demands for people to stay calm, as there is no crisis. People should stop being excited. At the same time, no organization should use its cheap popularity and unilaterally disrupt the continuous and smooth running of the registration process at hand.

Let me strongly indicate, madam deputy speaker, that I am on record for stating that I have forgiven all those who have wronged us. I harbour no bitterness towards the protagonists of our painful and unfortunate events of the past week. And we will overcome this process not by our own devices but by the help of Almighty God and the grace of our Lord Jesus Christ.

Concerning registration of first years, we have programs, concerning that of senior students, we have programs, regarding graduations we have programs, and concerning HIV\AIDS we have programs. So, there is no need for people to press panicking buttons.

Mr. Speaker and Madam Deputy Speaker of the Student Parliament let me be opportunistic and welcome the entire student body on Campus for the academic year 2005. May our lovely first entering students have a happy and momentous year as part of Qwaqwa Campus of University of the Free State. May your studies be fruitful and enjoyable.

Student years are generally the happiest years of your life, so please make the most of them. While you are doing, all your preparations bear in mind that University is not an opportunity, it is just creating opportunities for a person.

On behalf of SRC members, our people, our students and management members I would like to welcome you all. Even though your parents are far away, here at Uniqwa you have more brothers, more sisters and more parents. Since we will love you with the same love as if we are from one family, and I have no doubts that management members will love and care for you as if you are their own children. Should you encounter any problem while studying at the Qwaqwa Campus of University of the Free State do not hesitate to contact us at the SRC offices because we need to ameliorate any factor influencing you negatively while on campus. I wish you well in the attainment of your academic pursuit.

Senior Students: We are not faced with just a new year but another academic year where we all have to work together to achieve our common goal of building our Institution through the development of human power. I urge you to invest your whole selves in this SRC.

For quite some time now, a debate has been ranging as to, whether has there been any progress in this incorporation process, or we are just moving with no direction. This debate is important, but I hasten to add not essential. The SRC is also involved in this debate, but with definite shift in emphasis. For us it is not important to participate in the debate than it is in finding solutions for the challenges of this new chapter in the history of humankind.

To my colleagues: Comrades, we are leading this Institution with a sense of pride and duty, and I know very well that we lead men and women, students who are determined to ensure that we all reach our destination safely and on time.

I said in one of our meetings that there are more enemies on our way, more than we can imagine. I think you witnessed that during the course of this week. The excitement and unnecessary confusions caused by some confused and loosed charlatans bear testimony to my statements. We should not reveal our game plans unless we are ready to slam.

Let me also borrow from the words of the late Albert Lethuli when he said and I quote: “There remains before us the building of the new land, from the ruins of the old narrow groups, a synthesis of the rich cultural strains which we have inherited. The task is immense”. Lastly, a navy divided within its ranks will be vanquished and destroyed by the enemy, but a navy united in purpose and action, loyalty and commitment will not drawn but sail on to victory.

In conclusion, let me call upon all political structures, church denominations, developmental structures, clubs, societies and forums to put aside all their differences, ideological insinuations and forge unity towards transforming Qwaqwa Campus of University of the Free State into an institution that is seen playing vigilant role in developing students academically, politically, socially, spiritually, religiously, culturally and otherwise.

Program Director, let me end my speech by indicating that every drop of my blood is telling me that Uniqwa is my home. I firstly became a student here, I became an activist here, I became a leader here, I became a president here, I will become a graduant here and hopefully I will become an employee here. So never, doubt my commitment towards the community of this campus.

Please be informed, in a central University of Technology’s way, that if there is no UNIQWA in HEAVEN, then I am not GOING.

Let us broaden the social base.

Tello Titus Wa-Motloung President General

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