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HUMAN RIGHTS MONTH: Human trafficking constitutes a gross violation of human rights

03 April 2023 | Story Valentino Ndaba | Photo Supplied

Marcel-Van-der-Watt-380x450-1 (002) — 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 to investigate implementation of quality-monitoring system for SA food industry

2006-02-07

Some of the guests who attended the workshop were from the left Prof James du Preez (Chairperson: Department of Biotechnology at the UFS); Prof Lodewyk Kock (Head: South African Fryer Oil Initiative (SAFOI) at the UFS)); Mrs Ina Wilken (Chairperson: South African National Consumer Union (SANCU)); Prof Herman van Schalkwyk (Dean: Faculty of Natural and Agricultural Sciences at the UFS) and Mr Joe Hanekom (Managing Director of Agri Inspec).
Photo: Stephen Collet

UFS to investigate implementation of quality-monitoring system for SA food industry

The University of the Free State (UFS) will be investigating the implementation of a quality-monitoring service for the South African food industry.

This was decided during a workshop to discuss the external quality monitoring in the edible oil industry of South Africa, which was recently held at the UFS.

Major role players in the fast-food sector like Nando's, Spur, Captain
Dorego's, King Pie Holdings, Black Steer Holdings, etc and various oil
distributors like Felda Bridge Africa, Refill Oils, PSS Oils and Ilanga Oils attended
the workshop. Also present was Mrs Ina Wilken, Chairperson of the South African National Consumer Union (SANCU) and key-note speaker of this workshop. She represented the consumer.

These role players all pledged their support to the implementation of this quality- monitoring system for the whole food industry.

The decision to implement this system follows the various malpractices reported in the press and on TV concerning food adulteration (eg the recent Sudan Red Scare), misrepresentation (eg olive oil scandal exposed in 2001) and the misuse of edible frying oils by the fast-food sector.

“One of the basic rights of consumers is the right to safe food. Consumers must be protected against foods and food production processes which are hazardous to their health. Sufficient guarantee of the safety of all food products and food production processes should be implemented. It does not help to have adequate food standards and legislation and there is no manpower to do the necessary investigation or monitoring,” said Mrs Wilken.

The South African Fryer Oil Initiative (SAFOI), under the auspices of the UFS Department of Microbial, Biochemical and Food Biotechnology, currently monitors edible oils in the food industry and makes a seal of quality available to food distributors.

“Last week’s decision to implement the quality-monitoring system implies that we will now be involving also other departments in the UFS Faculty of Natural and Agricultural Sciences who are involved in various aspects of the food chain in an endeavor to implement this quality monitoring system,” said Prof Herman van Schalkwyk, Dean: Faculty of Natural and Agricultural Sciences at the UFS and one of the main speakers at the workshop.

Prof van Schalkwyk said that the main aim of such a system will be to improve the competitiveness of the South African food industry. “It is clear that the role players attending the workshop are serious about consumer service and that they agree that fraudulent practice should be monitored and corrected as far as possible. Although some of the food outlets have the capacity to monitor the quality of their food, it may not seem to the consumer that this is an objective process. The proposed external monitoring system would counteract this perception amongst consumers,” said Prof van Schalkwyk.

The workshop was also attended by representatives from SAFOI and Agri Inspec, a forensic investigation company collaborating with inter-state and government structures to combat fraud and international trade irregularities.

Agri Inspec has been working closely with SAFOI for a number of years to test the content of edible oils and fats. “Extensive monitoring and control actions have been executed in the edible oil industry during the past four years to ensure that the content and labeling of oil products are correct. Four years ago almost 90% of the samples taken indicated that the content differed from what is indicated on the label. This has changed and the test results currently show that 90% of the products tested are in order. However, to maintain this quality standard, it is necessary that quality monitoring and educational campaigns are continuously performed,” said Mr Joe Hanekom, Managing Director of Agri Inspec.

“The seal of quality presented by SAFOI should also be extended to include all the smaller oil containers used by households,” Mrs Wilken said.

The SAFOI seal of quality is currently displayed mainly on some oil brands packed in bigger 20 liter containers, which include sunflower oil, cottonseed oil, palm oil etc which are used by restaurants and fast food outlets. “Any oil type is eligible to display the seal when meeting certain standards of authenticity. In order to display the seal, the distributor must send a sample of each oil batch they receive from the manufacturer to SAFOI for testing for authenticity, ie that the container’s content matches the oil type described on the label. This is again double checked by Agri Inspec, which also draws samples countrywide from these certified brands from the end-user (restaurant or fast food outlets). If in breach, the seal must be removed from the faulty containers,” said Prof Lodewyk Kock, Head of SAFOI.

“It should however be taken into account that oils without a seal of quality from the UFS can still be of high quality and authentic. Other external laboratories equipped to perform effective authenticity tests may also be used in this respect,” said Prof Kock.

“It is also important to realise that any oil type of quality such as sunflower oil, cottonseed oil, palm oil etc can be used with great success in well controlled frying processes,” he said.

Further discussions will also be held with the Department of Health, the SA National Consumer Union and Agri Inspec to determine priority areas and to develop the most effective low-cost monitoring system.

More information on the UFS oil seal of quality and oil use can be obtained at www.uovs.ac.za/myoilguide

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
6 February 2006

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