Beatri Kruger - Academia.edu (original) (raw)

Papers by Beatri Kruger

A best kept secret of human traffickers is how they control and silence their victims. An effecti... more A best kept secret of human traffickers is how they control and silence their victims. An effective counter-trafficking response is often obstructed by traffickers implementing various control methods or a blend thereof depending on what is most effective in the specific circumstances. Although the literature revealed numerous mechanisms to control victims, a more in-depth understanding of known methods and especially of emerging unidentified and clandestine methods is needed to combat human trafficking. One of these arcane control methods is "juju" rituals, predominantly used by Nigerian traffickers, to subjugate victims for sexual exploitation in various parts of the world. Exposing control M. van der Watt (*)

South African journal of criminal justice, 2012

Increasingly, it is being demanded that the comprehensive draft legislation pertaining to the com... more Increasingly, it is being demanded that the comprehensive draft legislation pertaining to the combating of human trafficking in South Africa be finalised, demands that are based primarily on South Africa's international obligations to combat this crime. An assessment of whether the current antitrafficking legislative framework complies with key criminal law standards laid down in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children reveals significant shortcomings. The existing counter-trafficking legislative response is fragmented and not in full compliance with international counter-trafficking standards. For this reason, law reform is necessary. It is therefore recommended that the enactment of the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 be prioritised and finalised as a matter of urgency. 'No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error.' 1 * BA (Law) LLB, LLM (UOFS), LLD (UFS); Senior lecturer, Department of Criminal and Medical Law at the University of the Free State. This article is based partly on a thesis submitted in fulfilment of LLD studies. 3 United Nations Office on Drugs and Crime (UNODC) Toolkit to Combat Trafficking in Persons-Global Programme against Trafficking in Human Beings (2006) 1. 4 Department of Foreign Affairs 'International agreements and/or conferences signed by South Africa in relation to the youth, children and people with disabilities, particularly with regard to the United Nations and the African Union', 2005, available at http//www.dfa.gov.za/docs/2005pq/pq2_455.htm, accessed on 20 October 2008. For a broader discussion of the relevant international and African regional instruments with reference to South Africa's ratification of, and obligations in terms of, these instruments, see HB Kruger Combating Human Trafficking: a South African Legal Perspective LLD (Free State) (2010) 191-286. 5 7 Kassan op cit (n5) Chapter 18 page 10; Stuurman op cit (n5) 5. 8 Article 3(a); see also JG Raymond 'The new UN Trafficking Protocol'(2002) 25 Women's Studies International Forum 491 at 498; UNODC Legislative Guides op cit (n6) 268. For a discussion and analysis of the definition, see Kruger op cit (n4) 41-82. 9 AT Gallagher The International Law of Human Trafficking (2010) 12-25; UNODC op cit (n3); UNODC Legislative Guides op cit (n6) 267.To avoid confusion, it must be noted that the terms 'human trafficking' and 'trafficking in persons' are commonly used as synonyms, and are therefore used interchangeably in this article-for a discussion of this issue see Kruger op cit (n4) 27-31. 10 Article 3(a) of the Palermo Protocol.

Presentation at DSD Webinar 23-9-2020, 2020

Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developmen... more Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developments have taken place that include, but are not limited to, the following : several investigations into these courts were undertaken; the Sexual Offences and Community Affairs Unit (SOCA Unit) was established; a blueprint for Sexual Offences Courts was drafted and later refined; and, by 2007, the number of Sexual Offences Courts had increased to 59. These courts have performed exceptionally well compared with general regional courts and conviction rates rose to 70 per cent on average. Despite the obvious success of these courts, the Minister of Justice and Constitutional Development declared a moratorium on the establishment of additional Sexual Offences Courts pending the outcome of an evaluation of existing Sexual Offences Courts. In this article, a synopsis of the development of Sexual Offences Courts is given and the subsequent evaluation commissioned by the Minister is assessed and is...

South African Review of Sociology

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

Having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially W... more Having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, South Africa is obliged to adopt legislative measures that criminalise human trafficking and comply with other standards laid down in this international instrument. However, by mid-2011, South Africa had not enacted the required comprehensive counter-trafficking legislation. The question that now arises is if the absence of such anti-trafficking legislation poses an insurmountable obstacle to the prosecution of traffickers for trafficking-related activities. In asking this question the article examines the utilisation of existing crimes in order to prosecute and punish criminal activities committed during the human trafficking process. Firstly, a selection of existing common law and statutory crimes that may often be applicable to trafficking-related activities is mapped out. Secondly, transitional trafficking provisions in the Children's Act 38 of 2005 and the Cri...

Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developmen... more Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developments have taken place that include, but are not limited to, the following: several investigations into these courts were undertaken; the Sexual Offences and Community Affairs Unit (SOCA Unit) was established; a blueprint for Sexual Offences Courts was drafted and later refined; and, by 2007, the number of Sexual Offences Courts had increased to 59. These courts have performed exceptionally well compared with general regional courts and conviction rates rose to 70 per cent on average. Despite the obvious success of these courts, the Minister of Justice and Constitutional Development declared a moratorium on the establishment of additional Sexual Offences Courts pending the outcome of an evaluation of existing Sexual Offences Courts. In this article, a synopsis of the development of Sexual Offences Courts is given and the subsequent evaluation commissioned by the Minister is assessed and is ...

Comparative and International Law Journal of Southern Africa, 2016

Combating human trafficking and, in particular, the successful prosecution of this crime remains ... more Combating human trafficking and, in particular, the successful prosecution of this crime remains a daunting challenge worldwide. To address the global trade in human beings, the Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, established international minimum standards for combating and effectively prosecuting human trafficking. States party to these treaties - including South Africa - must comply with these standards in their domestic law. On 9 August 2015 South Africa's first comprehensive counter-trafficking law, the Prevention and Combating of Trafficking in Persons Act 7 of 2013, came into operation. This article seeks to contribute to the existing body of knowledge by assessing whether or not the new South African law complies with five key international standards on the prosecution of human trafficking. Although the study reveals some minor shortcomings, it is submitte...

Buying and selling children in South Africa-properly sanctioned, or an absolute steal? The heinou... more Buying and selling children in South Africa-properly sanctioned, or an absolute steal? The heinous crime of child trafficking is an alarming concern worldwide, and also in South Africa. For the past five years international reports on human trafficking have identified South Africa as a country of origin, transit and destination for victims of human trafficking. Historically chattel slavery, typified by buying and selling people in public, overtly sanctioned forced labour, abuse and exploitation. In contrast, human trafficking emerged as a flourishing, but hidden criminal business. Rather than obvious physical restraint, traffickers often torment victims violently behind the scenes, while using psychological control mechanisms increasingly to coerce victims into compliance. This clandestine feature of human trafficking significantly obstructs the identification and successful prosecution of human traffickers. Accordingly, trafficking is considered a crime of vast impunity. Children are often traffickers' commodity of choice, for they are easier to control and manipulate owing to their vulnerability, especially when isolated from their families. For this reason, it is upsetting that the 2019 report of End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT) identified South Africa as a "hub for child trafficking". Against this background, a burning question is whether perpetrators also traffic children in South Africa with impunity. Several publications cover child trafficking in general, but whether this crime is being combated through successful criminal prosecutions in South Africa has not been extensively investigated. This contribution aims to address this gap by exploring, by way of a qualitative literature review and legal analyses, the combating of child trafficking in South Africa from a criminal law perspective.

Child abuse research in South Africa, 2011

The crime of human trafficking has recently received extensive global and local attention. Howeve... more The crime of human trafficking has recently received extensive global and local attention. However, owing to the complex and multifaceted nature of this crime, a clear, uniform understanding of this phenomenon remains a challenge. Although some references are made to the South African context, this article explores definitional and related issues pertaining to this phenomenon primarily from an international perspective in order to enhance the understanding of human trafficking.

Combating human trafficking and, in particular, the successful prosecution of this crime remains ... more Combating human trafficking and, in particular, the successful prosecution of this crime remains a daunting challenge worldwide. To address the global trade in human beings, the Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, established international minimum standards for combating and effectively prosecuting human trafficking. States party to these treaties-including South Africa-must comply with these standards in their domestic law. On 9 August 2015 South Africa's first comprehensive counter-trafficking law, the Prevention and Combating of Trafficking in Persons Act 7 of 2013, came into operation. This article seeks to contribute to the existing body of knowledge by assessing whether or not the new South African law complies with five key international standards on the prosecution of human trafficking. Although the study reveals some minor shortcomings, it is submitted that the new South African legislation fundamentally complies with the main international prosecutorial standards. Apart from complying with minimum standards, the legislation further includes a number of additional provisions which significantly extend the prosecution's arsenal in respect of various trafficking offences.

aBstract Increasingly, it is being demanded that the comprehensive draft legislation pertaining t... more aBstract Increasingly, it is being demanded that the comprehensive draft legislation pertaining to the combating of human trafficking in South Africa be finalised, demands that are based primarily on South Africa's international obligations to combat this crime. An assessment of whether the current anti-trafficking legislative framework complies with key criminal law standards laid down in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children reveals significant shortcomings. The existing counter-trafficking legislative response is fragmented and not in full compliance with international counter-trafficking standards. For this reason, law reform is necessary. It is therefore recommended that the enactment of the Prevention and Combating of Trafficking in Persons Bill B7 of 2010 be prioritised and finalised as a matter of urgency. 'No country can yet lay claim to genuine, extensive experience in dealing with trafficking as a criminal phenomenon. Most are developing and adapting their responses on the run, often under strong political pressure, and principally through trial and error.' 1

An existing hiatus in empirical research related to the use of ‘juju’ rituals as a spiritual or p... more An existing hiatus in empirical research related to the use of ‘juju’ rituals as a spiritual or psychological control mechanism by perpetrators to subjugate victims of human trafficking for sexual exploitation has underscored the need for this exploratory study. The phenomenon is shrouded in secrecy and little is known about what juju entails and how it is used to subdue victims. The aim of this article is to explore juju as a phenomenon, whilst illuminating some of the multi-layered complexities associated with its use as a control mechanism. The available literature and in-depth interviews with local and international actors in the field contributed to the unveiling of this phenomenon in the South African and broader counter-trafficking context. The research confirmed that juju is in fact a reality that numerous victims of Nigerian traffickers have to contend with. The article clarifies how traffickers use juju rituals as an
effective control mechanism and catalyst to instil profound fear amongst victims, whilst compounding efforts by response agencies and criminal justice practitioners to combat human trafficking. Finally, suggestions for a more informed counter-trafficking response and
recommendations for future research are offered which include the need for a variety of perspectives to be incorporated in the quest for a better understanding of juju and the human trafficking nexus.

Opinion by Beatri Kruger

Daily Maverick, 2020

 Many people submit to exploitation because they really believe they have no reasonable alternat... more  Many people submit to exploitation because they really believe they have no reasonable alternative but to submit. (Photo: Adobe Stock)  Less Human trafficking has been in existence from time immemorial, and South Africa presents the ideal climate for the crime to continue flourishing. Right now, dismissing and downplaying issues related to both adult and child trafficking are matters of great consequence.

South African journal of criminal justice, 2012

Presentation at DSD Webinar 23-9-2020, 2020

South African Review of Sociology

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developmen... more Since the establishment of the first Sexual Offences Court in Wynberg in 1993, various developments have taken place that include, but are not limited to, the following: several investigations into these courts were undertaken; the Sexual Offences and Community Affairs Unit (SOCA Unit) was established; a blueprint for Sexual Offences Courts was drafted and later refined; and, by 2007, the number of Sexual Offences Courts had increased to 59. These courts have performed exceptionally well compared with general regional courts and conviction rates rose to 70 per cent on average. Despite the obvious success of these courts, the Minister of Justice and Constitutional Development declared a moratorium on the establishment of additional Sexual Offences Courts pending the outcome of an evaluation of existing Sexual Offences Courts. In this article, a synopsis of the development of Sexual Offences Courts is given and the subsequent evaluation commissioned by the Minister is assessed and is ...

Comparative and International Law Journal of Southern Africa, 2016

Child abuse research in South Africa, 2011

Combating human trafficking and, in particular, the successful prosecution of this crime remains ... more Combating human trafficking and, in particular, the successful prosecution of this crime remains a daunting challenge worldwide. To address the global trade in human beings, the Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, established international minimum standards for combating and effectively prosecuting human trafficking. States party to these treaties-including South Africa-must comply with these standards in their domestic law. On 9 August 2015 South Africa's first comprehensive counter-trafficking law, the Prevention and Combating of Trafficking in Persons Act 7 of 2013, came into operation. This article seeks to contribute to the existing body of knowledge by assessing whether or not the new South African law complies with five key international standards on the prosecution of human trafficking. Although the study reveals some minor shortcomings, it is submitted that the new South African legislation fundamentally complies with the main international prosecutorial standards. Apart from complying with minimum standards, the legislation further includes a number of additional provisions which significantly extend the prosecution's arsenal in respect of various trafficking offences.

Daily Maverick, 2020