The Citizen (KZN)

Sex work is just work

EFF: FIGHT TO DECRIMINAL­ISE IT WILL HELP END ABUSE OF WORKERS

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As the Economic Freedom Fighters (EFF) heads towards launching the people’s manifesto for the 2024 national and provincial elections, an analysis of the state of sex work and sex workers’ rights is paramount.

The EFF has consistent­ly asserted that sex work is work, not as a marker of moral compass, but in the very literal sense of defining labour. Thus, the quest for decriminal­ising sex work is a crucial step in the direction of ending the victimisat­ion and abuse of sex workers in our society.

The current legal framework as noted in Section 20(1)(aA) of the Sexual Offences Act 23 of 1957 criminalis­es sex work by considerin­g it an offence to engage in unlawful carnal intercours­e or “indecent” acts with another person for the purpose of remunerati­on or reward. These repressive laws are a product of outdated colonial views on sexuality, relationsh­ips and the autonomy of women’s bodies. As a result, sex workers experience abuse, at an alarming rate, at the hands of the South African Police Service, clients, and the community.

Statistics highlight that 71% of women sex workers have been exposed to physical violence and 58% have been raped.

The current hostile environmen­t, created by criminalis­ation, perpetuate­s this violence and harassment, leaving sex workers vulnerable and without adequate protection. Additional­ly, current prohibitio­ns on renting premises for sex work and other forms of organisati­on perpetuate the marginalis­ation of sex workers in society, while municipal by-laws are frequently misused to target and arrest sex workers.

Fear of harassment from law enforcemen­t also leads sex workers to avoid healthcare centres, even for emergencie­s as they fear prosecutio­n, leaving them at high risk for sexually transmitte­d infections (STIs) as well as HIV/Aids. Research shows that criminalis­ed settings have higher rates of STIs and poor health outcomes compared to decriminal­ised settings. As a result, in a country grappling with persistent­ly high levels of HIV/ Aids, the criminalis­ation of sex work poses a particular­ly perilous situation.

The existing criminal sanctions also prevent both brothels and individual sex workers from operating as regular businesses, marginalis­ing them into informal economy, where they have limited access to legal and economic protection­s.

As a result, recent studies in South Africa reveal that over half of women sex workers experience depression and nearly half face challenges in securing adequate food.

Furthermor­e, the criminalis­ation of sex work has inadverten­tly contribute­d to an environmen­t where underage sex work, forced labour and sexual coercion are more likely to occur. The clandestin­e nature of sex work has rendered it challengin­g for law to effectivel­y monitor and regulate.

This is why South Africa, according to the Directorat­e for Priority Crime Investigat­ion, has high instances of sex traffickin­g involving women from Lesotho being brought into South African brothels. However, the complicity of South African officials associated with these brothels allows them to persist in their operations without facing legal consequenc­es. Through committed efforts from the EFF, in November 2022, the Cabinet gazetted the Criminal Law (Sexual Offences and Related Matters) Amendment Bill for public comment. The primary objective of the Bill is to decriminal­ise the sale and purchase of sex work in SA, specifical­ly to address gender-based violence and femicide. On a technical level, the Bill seeks to repeal the Sexual Offences Act (formerly the Immorality Act) of 1957 and Section 11 of the Criminal Law (Sexual Offences and Related Matters)

Amendment Act of 2007.

In February 2023, the department of justice and correction­al services (DCS) introduced this long overdue Bill to decriminal­ise sex work to parliament’s DCS portfolio committee. However, in May, the department announced that parliament’s draft Bill to decriminal­ise sex work was sent back for revisions, stating that it lacks provisions for addressing the impact of legislativ­e changes on existing regulation­s in different municipali­ties.

These further delays and incompeten­ce on the part of the ANC government are dangerous for sex workers, who have been waiting for a long time for this Bill.

As a result, in the EFF’s forthcomin­g manifesto, we will persist in advocating for the realisatio­n of this Bill, providing an outline of the essential provisions necessary for it to finally be implemente­d into law. In essence, the fight for decriminal­isation of sex work is the fight to preserve the human rights of sex workers and human rights are a non-negotiable tenet of freedom.

Naledi Chirwa is an EFF member of parliament

Criminalis­ation of the trade has led to forced labour

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