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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

UFS hones focus to nurture world-class research - Business Day
2006-02-10

 

Sue Blaine
THE University of the Free State plans to concentrate academic study in five areas to strengthen its status as a research institution, the university said yesterday.

The Bloemfontein-based university will focus on areas it classes as development (economics, health, literacy and other human activities) and social transformation — an analysis of how South African society is changing from a philosophical and political viewpoint.

The other three research areas are new technologies, water resources and security, and food production and security.

“It makes sense to concentrate the university’s human resources, infrastructure, financial resources and intellectual expertise,” said university rector and vice-chancellor Prof Frederick Fourie.

The move introduces a style of research that matches international trends.

Universities in Canada, Britain and Australia are setting up their research departments in this way.

In SA, the universities of Stellenbosch, the Witwatersrand, Cape Town and KwaZulu-Natal have embarked on similar strategies.

Fourie gave the example of his alma mater, the US’s Harvard University, whose Nanoscale Science and Engineering Centre is an example of “clustering” on a larger scale.

The centre is a collaboration with Harvard, the Massachusetts Institute of Technology, the University of California, Santa Barbara, the Museum of Science, Boston, and universities in the Netherlands, Switzerland and Japan.

Fourie said the modern research world was so diverse and complex that no university could cover all bases so it was better to establish areas of expertise that made it different from its peer institutions.

Having scientists and researchers work in teams meant certain issues could be researched and developed in a multidisciplinary manner. “I think it’s the only way in which any university can excel. This will help SA become world class in selected areas,” Fourie said.

It is in chemistry that the cluster model has already had its most visible results, with a slice of the university’s on-campus pharmacological testing company Farmovs, established in the 1980s, sold to the US’s Parexel International.

The company is one of the largest biopharmaceutical outsourcing organisations in the world, providing knowledge-based contract research, medical marketing and consulting services to the global pharmaceutical, biotechnology and medical device industries, according to Biospace, an internet-based company providing resources and information to the life science industry.

President Thabo Mbeki, in his state of the nation address last Friday, committed government to allocating more resources to research, development and innovation, and increasing the pool of young researchers in SA.

He said government would “continue to engage the leadership of our tertiary institutions focused on working with them to meet the nation’s expectations with regard to teaching and research”.

The university used to be home to several A-rated scientists, who are considered by a peer review, conducted by the National Research Foundation, to be world leaders in their fields, but had lost them to other institutions. Fourie hopes to lure them back, and with them postgraduate students and funding for their work.

“At universities where you get a star researcher they tend to attract people and funding; if they leave they take that with them,” he said.

Fourie said R50m would be spent on the project, with some already spent last year and the last disbursements to be made next year.

There is R10m in seed money to gather experts and improve equipment and infrastructure, and R17m has been invested in chemistry equipment and staff.

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