Swedish model shows the way on prostitution law

Following a petition to parliament from Embrace Dignity, the National Council of Provinces has adopted a groundbreaking resolution in support of the Swedish or “equality model” of sex-trade policy. All nine provinces, across all political parties represented in the NCOP, voted unanimously for the resolution, which takes the view that there are “invaluable lessons to be learnt from the Swedish approach”.

In 1999, Sweden pioneered the equality model, designed as part of a set of laws to address genderbased violence and achieve gender equality. This approach , which is also referred to as partial decriminalisation, decriminalises and provides exit services and support for women in prostitution while criminalising the buying of sex, pimping and brothel-keeping.

It is founded on the principle of gender equality, recognising the power imbalance between those selling sex — or being sold for it — and those paying for it.

It is a radical approach that seeks to ultimately abolish the exploitative system of prostitution and the objectification of women. It has also been adopted by Norway, Iceland, Ireland, Northern Ireland, Canada, France. Israel is now considering it and various other countries are making moves in the same direction.

Elsewhere, measures taken in countries such as New Zealand, the Netherlands and Germany, which have either decriminalised or legalised prostitution — including brothels, pimping and buying sex — are increasingly seen as failed experiments.

Germany has been referred to as “a giant Teutonic brothel”. There are simply not enough German women available to meet the increased demand, so the majority come from overseas — and only 44 out of the estimated 400 000 people in prostitution are registered for social benefits.

Amsterdam’s infamous red light district is also now a centre for sex trafficking and commercial sexual exploitation, and John Key, the former prime minister of New Zealand, has admitted that its 2003 law has done nothing to stem the trafficking of children into prostitution.

In South Africa, the 1957 Sexual Offences Act and related bylaws mean that not only are pimps, brothel-owners and buyers of sex criminalised, but so are those — usually women — who sell or are sold for sex. This outdated and harmful approach is relatively common across Africa.

With the aim of proposing a better approach to dealing with the issue, a 2017 report by the South African Law Reform Commission proposed the equality model as one of two preferred sex-trade policy options. It completely discounted the alternative approach of fully decriminalising all aspects of the sex trade.

Despite reports suggesting otherwise, the ANC has confirmed that it does not support full decriminalisation of the sex trade.

At its 54th national conference at Nasrec in December it stated that people in prostitution should be protected, that men should stand up as allies in the movement to end violence against women, and that all efforts should be made to combat harmful patriarchal norms.

My experience as deputy health minister during a time of HIV/Aids denialism convinces me that the only sensible sex-trade policy approach is the equality model.

As a country we have set ourselves on a path towards justice and equality. Our constitution calls for this and our people demand it. We should listen to survivors of prostitution who tell us about the excruciating experiences of those caught up in the commercial sex trade. We need to see what has worked elsewhere and develop an approach that is specific to our unique context.

The resolution from the NCOP provides an opportunity for the government to introduce a bill in favour of the equality model, which would make South Africa the first country on the continent to adopt this innovative approach — the only one that can protect people in prostitution, that aligns with our constitution and that goes to the root of the violent system by targeting demand. Prostitution is often seen as a “wedge” issue that can be politically divisive, but the NCOP resolution shows that cross-party support is possible.

Patriarchy entrenches prostitution, and prostitution in turn perpetuates patriarchy.

We can break this vicious cycle and start to really respond to the dire situation that people in prostitution are forced to endure daily. We cannot afford to continue to fail those who so urgently need our help.