An exploration of human trafficking and human rights in South Africa: A strategic perspective

Abstract

From its earliest days to the present, human rights law has unequivocally proclaimed the fundamental immorality and unlawfulness of one person appropriating the legal personality, labour or humanity of another. Both the Charter of the United Nations and the Universal Declaration of Human Rights confirm that rights are universal: they apply to everyone, irrespective of their race, sex, ethnic origin or other distinction. Trafficked persons are entitled to the full range of human rights. This article was exploring the human rights violations caused by the perpetrators of human trafficking. This research was carried out utilising a qualitative approach. Thirty-seven interviews were carried out among officials deployed in the Directorate for Priority Crime Investigation (DPCI), the South African Police Service (SAPS), the Department of Home Affairs (DHA), the Department of Social Development (DSD), the Gauteng Provincial Office, as well as with the victims regarding their views and experiences on the stakeholder’s involved in combating and investigating human trafficking. The interviews were analysed according to the phenomenographic approach to identify the participants' responses. The reason for this choice was to identify key or knowledgeable participants about human trafficking in three selected areas of Gauteng province.The key findings indicated that the human rights of the victims of human trafficking are violated by both the traffickers and to some extent by the criminal justice system (CJS). The findings indicated that CJS legal response consists of existing common laws and statutory crimes in investigating and prosecuting traffickers, these legal remedies have no direct bearing on human trafficking. The findings further indicate that there is gap in the legislation when it comes to investigations and prosecution of human trafficking in South Africa. Based on the findings, the author provided with the recommendations such as: harsher sentences and punishment when it comes to perpetrators human trafficking, multi-disciplinary unit dealing with human trafficking within the criminal justice system, and tougher laws and legislations on traffickers and prostitution, women’s sexual services and sex entertainment industry.