EXPLOITED, VIOLATED, PROSTITUTED
VICTIMS OF THE SEX INDUSTRY
“Everywhere in the world, the commercial sex trade is parasitic upon human misery.
Quite apart from the fact that the vast majority of sex workers in both economically
developed and underdeveloped countries have been forced into prostitution by some
combination of economic desperation and or abuse, prostitution is, at best, a job which is
tedious as well as intrusive and demeaning and, at worst, involves the repeated
experience of personal violation, pain and degradation.” 1
1
Dr. J. O’Connel and J. Sanchez Taylor Child Prostitution and Sex Tourism- South Africa – Chapter: Some General Observations on
the Commercial Sex Trade in South Africa
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OVERVIEW OF THE PROBLEM OF PROSTTUTION
INTRODUCTION:
Prostitution is commercial sex and is transacted between those who sell sex in return for
monetary rewards and those who buy sex in return for sexual gratification. Prostituted
people are historically women with a minority of men involved in the industry. For years
feminists have contended that prostitution is a manifestation of the unequal power
relations existing in societies between men and women, with the female sexuality being
regarded as a commodity capable of being owned and exploited for the gratification of
men.
Prostitution in South Africa is currently prohibited under section 20(1)(aA) of the Sexual
Offences Act 23 of 1957, which outlaws commercial sex.2 In 2002 the Constitutional
Court was requested to consider inter alia whether the interest of society would be better
served by legalizing prostitution as opposed to prohibiting it.3 The majority judgement
handed down by Justice Ngcobo held that within a democracy, government and its
legislature must make such a decision and the Court would only concern itself with the
legality of the law and not the desirability thereof.4
The Criminal Law (Sexual Offences) Amendment Bill [B50 –2003] still prohibits
prostitution and proposes that the prohibition in the Bill be extended to criminalize those
who pay for sex as well.5
2
“20. Persons living on earnings of prostitution or committing or assisting in commission of indecent acts.(1)
Any person who –
…(aA) has unlawful carnal intercourse, or commits an act of indecency, with any other persons for reward…shall be guilty of an
offence.”
3
S V Jordan 2002 11 BCLR 1117 (CC).
4
Ibid. paragraph [30]
5
http://www.polity.org.za/article.php?a_id=91780
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Trafficking and the links to prostitution
Prostitution is closely linked to trafficking with the United Nations estimating that 80%
of especially women and girl-children are trafficked for the purpose of sexual
exploitation.6 Article 3 of the Optional Protocol to the United Nations Convention on
Transnational Organized Crime (the Palermo Protocol) states that, “trafficking in persons
shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by
means of the threat or use of force or other forms of coercion, of abduction, of fraud, of
deception, of the abuse of power or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person, for the purpose of exploitation.”
In summary trafficking has the following elements: violence, deception, coercion,
deprivations of freedom of movement, abuse of authority, debt bondage, forced labour
and slavery-like practices, and other forms of exploitation or use of force.7
The National Commissioner of the South African Police Services, Jackie Selebi recently
proposed to the National Assembly’s Safety and Security Committee, in Parliament that
prostitution and public drinking be tolerated during the Soccer World Cup, which will be
hosted by South Africa in 2010. Commissioner Selebi suggested instead that government
find innovative ways of regulating prostitution.8 His suggestion has met various
responses including that of Doctors For Life (DFL) stamping it as “appalling” and
advocating that prostitution is an act of violence against women and children. DFL
informed that approximately 40 000 women and children were trafficked into Germany
for the previous soccer world cup to be sexually exploited.9
6
“The Links between Prostitution and Sex Trafficking: A Brief Handbook” By Monica O’Connor and Grainne Healy 2006
“Child Trafficking/ Exploitation: Definition of Trafficking” Save the Children. Downloaded from website:
http://www.savethechildren.net/nepal/key_issues/traffdefinition.html on date April 04, 2007
8
“Legalise 2010 sex trade – Selebi” by Boyd Webb: Published on the Web by IOL on March 23, 2007
9
“2010 sex suggestion appalling- DFL” from iafrica.com news on March 01, 2007
7
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The Department of Health’s HIV and Aids and STI Strategic Plan for South Africa 2007
– 2011 aims to reduce infection rates by 50% in the five year period and has identified
prostitutes as a high risk group.10
Prostitutes according to the Strategic Plan are at higher risk and hence vulnerable to HIV,
Aids and STI infections because of the recurrent exchange of numerous sexual partners
and their limited capability to negotiate safe sex in each instance. Doctors For Life advise
that HIV prevalence among prostitutes in South Africa is as high as 56%. 11 The Strategic
Plan identifies the criminality of the sex industry as a legal barrier to accessing health
care services. It therefore recommends that the laws criminalizing commercial sex work
be amended to reduce harm and non-discrimination against individuals accessing
essential services.
Similarly a number of constituencies have argued for the legalization of prostitution in
South Africa and have relied heavily on the arguments that:
-
Arresting and subsequently releasing prostitutes has little if any deterring effect;
-
Prostitution would be better monitored and may reduce the levels of abuse
experienced by women in the industry if legal;
-
Legalizing prostitution may reduce the stigma and discrimination attached to the
work and the women involved;
-
It may prevent underground prostitution;
-
It should be a personal choice for women make whether or not to enter the sex trade;
-
It could assist in ensuring safer working conditions for prostitutes;
-
It could assist in preventing the transmission of STI or HIV/Aids.
Masimanyane Women’s Support Centre (MWSC) is strongly opposed to these arguments
as they fail to address the fundamental attributes of the sex trade.
10
Launched at National Consultative Conference on the National Strategic Plan on HIV, AIDS and Sexually Transmitted Infections
(STIs) for 2007-2011 hosted from March 14 – 15, 2007
11
“2010 sex suggestion appalling- DFL” from iafrica.com news on March 01, 2007
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These include the psychosocial consequences for the women entangled in the industry,
the relationship between sex work and substance abuse and the pervasive violence
perpetuated against prostitutes. Masimanyane holds the view that prostitution is a form of
violence against women and girl children.
Similarly this paper does not refer to prostitutes as ‘sex workers’ as the term implies that
prostitution is a legitimate form of employment and further condones the sex industry
responsible for the exploitation of women. MWSC is of the opinion that the social ills
associated with prostitution can be dealt with in a more systemic manner, which does not
legitimize the abuse of women in any form.
Our strategic plan aims to uplift women involved in prostitution, provides them with the
necessary support, reinforces their dignity as human beings, protects them from further
sexual exploitation and encourages a process of exiting the sex industry - without the
legalization or toleration of commercial sex work.
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS:
South Africa is signatory to fundamental international human rights instruments
protecting women from all forms of discrimination and violence. The General
Recommendations of the Committee on the Elimination of All Forms of Discrimination
Against Women declares that gender based violence is a form of discrimination against
women as defines it as:
“Violence that is directed against a woman because she is a woman or that affects woman
disproportionately. It includes acts that inflict physical, mental or sexual harm or
suffering, threats of such acts, coercion and other deprivation of liberty.”12
12
General Recommendations of the Committee on the Elimination of All Forms of Discrimination Against WomenRecommendation 19 (1992)
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Article 2 of the United Nations Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) broadly defines violence against women to
include physical, sexual and psychological violence perpetrated or condoned by the State,
whenever it occurs. Article 6 of CEDAW specifically commits government to take all
appropriate measures, including legislation, to suppress all forms of trafficking women
and the exploitation of women through prostitution.
A National Conference held in 1996, as a follow up to The Beijing Platform for Action
committed inter alia South Africa to take integrated measures to prevent and eliminate
violence against women and to facilitate the prosecution of perpetrators of violence.
South Africa has signed and ratified the following international instruments prohibiting
human trafficking:
-
United Nations Convention on the Rights of the Child
-
African Charter on the Rights and Welfare of the Child
-
United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons
CONSEQUENCES OF LEGALIZING OR DECRIMINALIZING PROSTITUTION
Legalizing prostitution means legislation will be drafted that allows for and regulates
prostitution, whereas decriminalizing prostitution means that the current laws prohibiting
prostitution / commercial sex work will be discarded.
The Coalition Against Trafficking in Women International (CATW) released its “10
Reasons for Not Legalizing Prostitution”, which are unpacked and summarized in this
paper to provide insight into the reality experienced by women involved in the
commercial sex industry internationally.13
13
“10 Reasons for Not Legalizing Prostitution” by Janice G. Raymond March 25, 2003- website:
http://www.rapereliefshelter.bc.ca/issues/prostitution_legalizing.html downloaded on: March 29, 2007
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1. “Legalization/ decriminalization of prostitution is a gift to pimps, traffickers and the sex
industry”
Decriminalizing prostitution legitimizes the entire sex industry including the pimps who
become legitimate businessmen and the clients who are accepted as “legitimate
consumers of sex.” It legitimizes venues like brothels, sex clubs and massages parlours.
The legalization of prostitution does not give dignity to the women involved therein; it
dignifies the sex industry.
2. “Legalization/ decriminalization of prostitution and the sex industry promotes sex
trafficking.”
Sex trafficking is one of the main consequences of decriminalizing or legalizing
prostitution or the sex industry. The Netherlands argued that decriminalizing prostitution
would assist in abolishing the exploitation of immigrant women trafficked for that
purpose. Yet a study conducted in 1999 after the sanction had been lifted, revealed that
80% of the women in brothels in the Netherlands are trafficked in from other countries.
Since Germany recognized prostitution as legitimate employment in 2002, it has been
found that anywhere between 75% - 85% of the women in the sex industry are in fact
foreigners. Given that few immigrant women are in a position to fund their own
migration it is believed that traffickers are funding their travelling costs and documents.
Similarly, the link between prostitution and trafficking in the State of Victoria, Australia
was recognized in a 1999 Human Rights Practices Report, finding that anti trafficking
legislation was difficult to enforce on the ground.
A study conducted in the Southern African Region by the International Organization for
Migration (IOM) on the trafficking of women and children for sexual exploitation found
inter alia that:
-
South Africa is a destination country for regional and extra-regional trafficking;
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-
Victims are exploited for personal sexual gratification, sexual exploitation for
financial benefits or forced marriages;
-
South Africa has no public services designed to assist victims of trafficking. If they
are arrested by police they are identified illegal immigrants and deported to their
countries of origin;
-
Refugee trafficking occurs through close family members / best friends of the victimthey assist victim in gaining undocumented / illegal access to South Africa. The
victim is then sexually exploited in private or on the street and on average required to
earn R250 per night;
-
Children are trafficked into South Africa from Maseru in Lesotho, either forcibly
abducted or lured with job offers.
-
Victims are allegedly trafficked into Europe by sex tourists. They are lured with
offers of gifts, money, employment and educational opportunities. In Europe victims
are kept as personal sex slaves by the trafficker or distributed to pedophile rings,
according to the International Organization for Migration study.
-
Victims are trafficked from Bangkok, Hong Kong, Lampur and Singapore into South
Africa and are told they owe debts of up to R60 000, which they must repay
performing sex work to earn their freedom. Victims are circulated among brothels
throughout South Africa. It is estimated that between 800 and 1100 Thai victims are
trafficked per annum. Victims are also trafficked from Thailand, China and other
countries Eastern Europe to South Africa.14
-
Legalizing prostitution will not only allow the victims to be exploited as prostitutes
but will result in higher demands for women and girl children for sexual services. It
will provide traffickers with a smoke screen from which to operate their syndicates
behind make it even more difficult to identify victims of trafficking.
“The Trafficking of Women and Children in the Southern African Region- Presentation of Research
Findings” International Organization for Migration- March 24, 2003
14
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“The money made from the sexual exploitation and often enslavement of trafficked
women enriches transnational criminal networks. Trafficking in women has arguably the
highest profit margin and lowest risk of almost any type of illegal activity.”15
-
It is evident that IOM Research Study suggests that trafficking of women and
children into South Africa for sexual exploitation is prevalent.
-
The Institute for Security Studies states that due to the lack of other research the IOM
study has become an authority for trafficking in South Africa yet cautions that there
that only 25 victims were interviewed. The author advises that further research is
required before any policy decisions are made regarding trafficking.16
3. “Legalization/ decriminalization of prostitution does not control the sex industry. It
expands it.”
The sex industry accounts for 5% of the Netherlands economy and since its legalization it
has expanded by 25%. The State of Victoria, in Australia has seen not only an expansion
in brothels but it has been found the number of unlicensed or illegal brothels exceeded
those that were licensed to conduct business.17 Brothels in Switzerland have doubled
since the partial decriminalization of prostitution and many of them of are illegal.18
4. “Legalization/ decriminalization of prostitution increases clandestine, hidden, illegal
and street prostitution.”
Governments intended for legalization to regulate the sex industry but few women
register and undergo the health checks as required by some legislation. So there are cases
of women who resort to street prostitution to avoid registration to safeguard themselves
from being exploited by “businessmen”. Women in the sex industry in the Netherlands
have indicated that legalization/ decriminalization does not erase the stigma attached to
sex work.
15
Donna Hughes, “The ‘Natasha’ Trade: The Transnational Shadow Market of Trafficking in Women.” (2000) 53:2 Journal of
International Affairs 9
16
“Hidden Agendas? The risks of human trafficking legislation” by Ted Leggett, Institute for Security Studies Published in Crime
Quarterly No 9 2004
17
“Legalizing Prostitution Is Not The Answer: The Example of Victoria, Australia” By Mary Sullivan and Sheila Jeffreys
18
“10 Reasons for Not Legalizing Prostitution” By Janice G. Raymond CATW page 3 of 11
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Registration means that they lose anonymity and become more vulnerable to abuse. For
that reason work in the sex industry will generally still operate illegally and
underground.19
5. “Legalization/ decriminalization of the sex industry increases child prostitution.”
It was argued in the Netherlands that legalizing prostitution would assist in ending child
prostitution but to the contrary child prostitution increased dramatically during the
1990’s. Likewise in the State of Victoria, Australia has the highest reported incidents of
child prostitution compared to other Australian states where prostitution is still criminal.
There have been allegations that a third of the child prostitutes in Victoria have been
trafficked from other countries.
6. “Legalization/ decriminalization of prostitution does not protect the women in
prostitution.”
In two studies conducted by CATW women involved in sex work indicated that little or
no protection was provided to them irrespective of whether the establishment operated
legally or illegally. The customers were the main concern as opposed to the victims of
commercial sexual exploitation. CATW interviewed 146 victims of international
trafficking and local prostitution in 5 countries and found that 80% of the women have
been the victims of physical violence from both the clients and pimps. CATW found that
violence against the women in the sex industry was intrinsically linked to commercial sex
work and exploitation. Furthermore, violence was used in certain instances to coerce
women into prostitution and to compel them to perform sex acts.
“After initiation, at every step of the way, violence was used for sexual gratification of
the pimps, as a form of punishment, to threaten and intimidate women, to exert the pimp’s
dominance, to exact compliance, to punish women for alleged “violations”, to humiliate
women, and to isolate and confine women.”20
19
“10 Reasons for Not Legalizing Prostitution” By Janice G. Raymond CATW page 4 of 11
20
Ibid.
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7. “Legalization/ decriminalization of prostitution increases the demand for prostitution.
It boosts the motivation of men to buy women for sex in a much wider and more
permissible range of socially acceptable settings.”
Legalization of the sex industry results in more men buying sex on the basis that it
becomes socially or perhaps even construed as ethically acceptable, without any
legislative constraints to women being bought and viewed as sexual objects for men’s
gratification.
Legalization of prostitution has far-reaching psychological impact on how boys and men
interpret the sexuality of women and may be regression in South Africa’s strife and
supposed political commitment to gender equality.
Women in prostitution are grossly exploited through the demeaning sexual acts they are
expected to perform by their clients, who have a variety of services available for their
satisfaction. These include engaging in anal sex, sex without condoms and
sadomasochistic acts, which are all acceptable in legalized establishments with women
being the products up for sale.
8. “Legalization/ decriminalization of prostitution does not promote women’s health.”
Legislated sex industries requires mandatory health checks be performed by prostitutes,
yet does not insist that the consumers/ clients perform the same health checks. The
requirement is based on the assumption that prostitutes have numerous sexual partners
and are at higher risk of transmitting infections. It fails to conclude that the clients of
prostitutes also more likely to have frequent interactions with a variety of prostitutes and
in the position to negotiate the use of condoms during sex acts for more money. Even in
establishments where the use of condoms was a policy studies found that it was rarely
enforced in light of a greater reward.
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9. “Legalization/ decriminalization of prostitution does not enhance women’s choice.”
There are great debates regarding whether or not women choose to enter the sex industry,
whether circumstances left them with little or no choice. It is argued that women involved
in the industry “… did not sit down one day and decide that they wanted to be sex
workers.”21 Prostitution does not give women freedom of choice in an industry where
they are paid to comply with men’s sexual demands.
CATW studies revealed that the women in the sex industry felt that it was a “last option”
or survival strategy. Of the law enforcement officials interviewed by CATW 67% stated
that they believed the decision was involuntary and a further 72% of social service
providers corroborated that view.
In consideration of treating the sex industry as a legitimate economic sector, a 1998 UN
International Labour Organization Report found that prostitution is an alienated form of
labour. The four countries surveyed showed that women worked ‘with a heavy heart’,
‘felt forced’, were plagued by their conscience and displayed negative self- identities.
Prostitution can be compared to women caught in abusive relationships with a violent
partner- people recognize the dilemma of her situation; similarly prostitutes deny their
abuse if they have no substantial alternatives for work or money.
10. “Women in systems of Prostitution do not want the sex industry legalized or
decriminalized.”
CATW found in a study on sex trafficking that the majority of 146 women interviewed
did not want prostitution to be legalized and that none of them wanted any of their family
or friends to earn money through prostitution.
21
“10 Reasons for Not Legalizing Prostitution” By Janice G. Raymond CATW page 7 of 11
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DIFFERENCES IN AND CONSEQUENCES OF INVOLVEMENT IN PROSTITUTION
Often there is a distinct hierarchy in prostitution. The classifications are between socalled ‘call girls’ or ‘escorts’ and street workers. Escorts generally accrue greater
monetary rewards and work in establishments with lesser risk of being exposed to
violence. These women are often the ones who will argue for the decriminalisation of the
buyers of sex., On the other hand street prostitutes work on the streets or in cheap
brothels and are at greater risk of being violated or abused.22 In the South African
context, the women and girls who are prostituted fall into this latter category. This
increases their vulnerability ten fold.
These differences between ‘escorts’ and ‘street prostitutes’ should be taken into account
when strategizing interventions and recognize that street prostitutes are a vulnerable
group by comparison therefore requiring greater protection.
Women involved in prostitution for a number of years often encounter more harmful and
long term consequences of sexual exploitation than women identified during the ‘early
intervention’ phase do. A study conducted in Cape Town and Durban on prostitution
revealed that older women aged between 35 and 50 are forced to offer more “services”
for less money to compete with younger prostitutes. Clients who want to perform
“extremely abusive acts” on them often seek out older prostitutes, knowing that they are
desperate enough for the money to assent to such exploitation.23
This requires authorities take a different approach to dealing with their experiences and it
usually starts with taking steps to prevent them from further suffering.
A study conducted on street prostitution in Scotland indicated that older prostitutes
usually display the following general characteristics:
22
Dr. J. O’Connel and J. Sanchez Taylor Child Prostitution and Sex Tourism- South Africa – Chapter: Sexual Commerce and the
Exploitation of Children
23
Ibid- Chapter: Independent Bar / Club Based Prostitution
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a)
They lead increasingly more chaotic lifestyles
b)
They often have greater levels of drugs and substance misuse than younger prostitutes
and as a result rely more heavily on criminal activities to fund their addictions
c)
Rehabilitating them to be employable in other sectors may be complicated by the
stigmatization accompanying a criminal record, as a result of their involvement with
the criminal justice system
d)
They usually have lost their children and /or contact with their families
e)
They are often alienated from their families and friends
f)
They suffer more serious physical health problems
g)
They have long term exposure to abuse and violence from customers and pimps.
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STRATEGIC PLAN FRAMEWORK:
Objectives of the Strategic Plan
1) To highlight the importance of governmental and non-governmental awareness of
prostitution as a form of gender based violence and sexual exploitation.
2) To ensure the involvement and active participation of all stakeholders, to avoid
fragmented service delivery, ineffective interventions and promote sustainable multisector programmes
3) To encourage and guide the development of implementation plans of relevant
stakeholders
4) To develop programmes to assist women in the four distinct categories of
prostitution, namely:
Prevention
Early intervention,
Harm reduction
Exiting
5) To reduce the public stigma and discrimination against women involved in the sex
industry by recognizing the exploitation they suffer.
6) Create an understanding of the harmful impact and consequences of prostitution
7) To initiate discourse and reach consensus on why legalizing / decriminalizing
prostitution is not in the best interest of society or the women involved in the sex
industry
8) To raise public awareness and campaign for political will to oppose the legalization /
decriminalization of prostitution
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Development of a needs analysis
-
Need to identify relevant government and civil society stakeholders
-
Need to identify in consultation with stakeholders’ areas where street prostitution
exists.
-
Stakeholders should actively participate in identifying their capacity and how they
can assist in relation to the needs of prostitutes.
-
To draft implementation plans that address the needs identified.
The Implementation Plan should include:
-
Prevention Strategies: for young girls and vulnerable women at risk of involvement.
This will require public education, training in high schools and other youth groups.
-
Early Intervention Strategies: measures for women in early stages of involvement.
-
Harm Reduction Strategies: that makes provision for specially trained service
providers for prostitutes to assist in reducing the harmful effects of long term
involvement in prostitution. It should further include the provision of condoms,
suitable accommodation where necessary and accessible health care services.
-
Exiting Strategies: that provide support services for women attempting to exit
prostitution, prevent relapse and sustain their non-involvement. It should include
basic education and training, skills development training and social assistance
programmes.
-
Provision for specialized training of officials who have or will have contact with
prostitutes. Taking into account the complaints received by SWEAT of violations
perpetrated by police officers against prostitutes we recommend intensive training of
SAPS staff members and prefer similar for health care and social service providers. A
non-judgmental environment is crucial to ensure accessibility of services and
sustainability of programmes. Service providers need to be equipped and sensitized if
we are seeking to build relationships of trust between prostitutes and service
providers.
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-
Monitoring and evaluation tools and programmes.
-
Provision for primary research into the extent and nature of trafficking women and
children into South Africa for the purpose of sexual exploitation and /or prostitution.
-
An estimation of resources and cost implications that can budgeted for accordingly
-
Consideration for existing programmes within departments or organizations, which
can be adapted or extended to make provision for the needs of prostitutes.
-
Clear deliverables, time frames and responsibilities.
HEALTH CARE SERVICES
Authorities need to ensure that prostitutes have access to health care services, which
should include:
-
Primary health cares facilities- this can be implemented effectively by employing
primary health care nurses as opposed to GP’s.
-
Reproductive health education and provisions should be supplied to prostitutes to
ensure that they have condoms to prevent contracting and transferring infections as
well as unwanted pregnancies.
-
Vaccinations for hepatitis;
-
Counseling services
-
Gynecological examinations;
-
Provisions of advice and information at clinics
-
HIV/Aids and STI testing to be conducted
-
Holistic / general health care services (including dental health care) are necessary to
avoid the stigmatization of solely concentrating on the sexual health care of
prostitutes.
Prostitutes may find it difficult to access health care for the following reasons:
-
They usually solicit at night and sleep during the day therefore making it difficult to
access health care services during the times of operation;
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-
Prostitutes often suffer from low self-esteem, social isolation and fear being judged
by health care and social services employees and others.
-
Fears arise that social services or police may identify them as prostitutes. The fear is
more prominent in the lives of prostitutes who have or care for children.
-
If registration is necessary and it requires them to provide proof of residential address
it may be a deterrent if they are have no fixed residential address.
THE CRIMINAL JUSTICE SYSTEM
-
The South African Police Service is ordinarily a sex worker’s first contact with the
criminal justice system. After numerous complaints received SWEAT alleges that
member of the SAPS are responsible for abusing, discriminating against, physically
and sexually assaulting prostitutes in the course of their duties, with prostitutes
having very little recourse to accessing justice in those instances.24
-
Victims’ trafficked illegally and undocumented into South Africa, for sexual
exploitation are identified and apprehended by the police as being illegal immigrants.
They are summarily deported to their countries of origin without any information
being sort on how they gained access, what their experiences were and are treated as
criminals as opposed to victims. In this regard the IOM (International Organization
for Migration) has recommended that a specialized police unit or task force be created
to deal with trafficking cases and includes the investigation and provides protection
for the victims.
-
The South African Law Reform Commission released a discussion paper that sets out
its preliminary recommendations for law reform regarding trafficking in persons. The
Bill aims criminalize the act of trafficking in persons, provide guidelines on
identifying whether a person is a victim of trafficking, the persons status in South
Africa and has provision for support services and the establishment of centres for
adult victims or in the alternative require accredited organisations to provide
accommodation for adult victims of trafficking. (The Bill can be downloaded from:
http://www.doj.gov.za/salrc/dpapers.htm)
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-
Consideration needs to be given as to whether sentences handed down by the courts
to prostitutes are effective in assisting them in exiting the sex industry.
-
Do judicial officers give adequate consideration to the to mental health, drug and
substance dependency, family responsibilities or economic circumstances of
prostitutes when handing down sentences? Exiting prostitution is a process that
requires support and understanding and will not be achieved by solely imposing legal
sanctions, which is why one needs to give adequate consideration to the subjective
circumstances of prostitutes. Magistrates and prosecuting authorities are in key
positions to make the necessary orders to ensure that prostitutes undergo drug
rehabilitation, counseling or order them to have regular contact with social services.
SOCIAL SERVICES
-
Drug and substance abuse are closely linked to sex work. There are instances of
women who acquire addictions to drugs, then resort to prostitution to finance their
addictions. In the alternative women who are involved in prostitution develop
addictions to the drugs they use, in an effort to disassociate or numb themselves from
their transactional sexual encounters.
The Department of Social Development is
primarily responsible for the administration of the Prevention and Treatment of Drug
Dependency Act No. 20 of 1992 and the 1999 amendment, which makes provision
for the establishment of the Central Drug Authority (CDA).
-
The CDA was mandated to develop the National Drug Master Plan (NDMP) 2006 2011. It requires that different government departments and provincial forums
develop five-year mini-drug master plans. Each province is required in terms of the
NDMP to have an operational plan detailing how it deals with substance abuse.
-
It is therefore necessary to develop drug abuse interventions specifically aimed at
prostitutes who require treatment and rehabilitation.
-
Currently the Department of Social Development is involved in the Integrated Justice
System (IJS). The IJS is collaboration between the Department of Social
“Policing Sex Workers- A Violation of Rights?” by Nicole Fick: Sex Worker Education and Advocacy
Taskforce (SWEAT)
24
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Development, South African Police Service, Department of Justice and Constitutional
Development and the Department of Correctional Services.
-
It aims to ensure the integration of case management of offenders through those
departments. The IJS is used primarily in respect of youth offenders.
-
The current legislation on governing treatment for substance abuse and rehabilitation
is outdated and is expected to be reviewed. The Prevention and Treatment of
Substance Abuse Amendment Bill [B12–99] will seek to provide for the
transformation of the services and provide for minimum norms and standards for
service delivery.
-
A similar system should be developed, which includes the Department of Health to
assist and monitor prostitutes in the criminal justice system in need to social
assistance, health care and rehabilitation.
-
The Department of Social Development is also a key role-player in human trafficking
being part of the ‘Trafficking in Persons Intersectoral Task Team’ responsible for
coordinating South Africa’s anti-trafficking activities. Masimanyane Women’s
Support Centre has been unable to uncover details on the impact the Task Team has
made and trust that the Department will clarify its position in the implementation plan
CONCLUSION
Human Rights and the foundation constitutional values of equality, dignity and freedom
are central to discourse in South Africa on the legalization / decriminalization of
prostitution. Women in South Africa are entitled by law to not be subjected to torture, or
to cruel, inhuman or degrading treatment or punishment.25 To understand that prostitution
is a form of gender based violence and exploitation is to realize that condoning such
practice is a violation of women’s human rights and a failure by the State to protect them
from degrading treatment.
Prostitution is a survival strategy and interventions need to speak to the socio-economic
realities of the women involved in the sex industry.
25
Article 1 of the Convention on the Elimination of Discrimination against Women (CEDAW)
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This requires of stakeholders to apply objective thinking in drafting their implementation
plans and not to stigmatize prostitutes’ experiences or their persons.
Legislation regulating prostitution may be well intended but as experience has shown in
other countries (who have legalized prostitution) that there are many unforeseen
consequences to doing so. Consequences include child prostitution, trafficking of women
and the exploitation and abuse of women by big companies, who subsequently dominate
the industry and ultimately render the women involved powerless.26
This Strategic Plan aims to support women at risk and those already involved in the sex
industry, help to restore their fundamental dignity by reducing their sense of
powerlessness.
On 18 April 2002 South Africa boasted the launch of its Moral Regeneration Movement
(MVM) which is a national campaign said to reclaim the nation’s values of “…moral
uprightness, peace, tolerance, ethically sound lifestyles, good neighbourliness, and civic
responsibilities within the context of a stable South Africa.”27 It declares that the ideals
set out for the MRM can only be achieved once we have learnt to accept the equality of
women as capable human beings deserving of equal treatment, respect and full
citizenship. To hear political calls from government departments and officials for the
legalization / decriminalization of prostitution appears to negate the very premise of the
MRM.
“Legalizing Prostitution is Not the Answer: The Example of Victoria, Australia” By Mary Sullivan and
Sheila Jeffreys (CATW: Australia)
27
Download from www.thepresidency.gov.za/ main.asp?include=topics/main.htm on April 17, 2007
26
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BIBLIOGRAPHY
Research Papers / Documents:
Raymond, J (2003). 10 Reasons for Not Legalizing Prostitution (pp. 1 – 11)
Coalition Against Trafficking in Women International (CATW)
O’Connor, M and Healy, G (2006). The Links between Prostitution and Sex Trafficking:
A Briefing Handbook
Coalition Against Trafficking in Women International (CATW)
Cederberg, I.W (2004). Prostitution in Sweden 2003- Knowledge, Beliefs & Attitudes of
Key Informants.
National Board of Health and Welfare. www.socialstyrelsen.se
Hughes, D (2000). “The ‘Natasha’ Trade: The Transnational Shadow Market of
Trafficking in Women.” (2000) 53:2 Journal of International Affairs 9
International Organization for Migration (IOM) The Trafficking of Women and Children
in the Southern African Region- Presentation of Research Findings
(2003)
Fick, N (2006). Policing Sex Workers- A Violation of Rights?
Sex Worker Education & Advocacy Taskforce (SWEAT)
Fick, N (2005). Coping with stigma, Discrimination and Violence: Sex Workers Talk
About their Experiences.
Sex Worker Education & Advocacy Taskforce (SWEAT)
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Expert Group on Prostitution (2004) Being Outside: Constructing A Response to Street
Prostitution
Scottish Executive Consultations (2004)
www.scotland.gov.uk/Publications/2004/12/20410/48752
Department of Justice- Gender Policy Statement (2004). Chapter 3: Service Delivery and
The Legal System (pp. 1 – 3)
Leggett, T. “Hidden Agendas? The risks of human trafficking legislation”
Institute for Security Studies Published in Crime Quarterly No 9 2004
http://www.iss.co.za/pubs/CrimeQ/No.9/Leggett.htm
Sullivan, M and Jeffreys, S (2000) Legalising Prostitution Is Not The Answer: The
Example of Victoria, Australia
http://mc2.vicnet.net.au/home/catwaust/web/myfiles/leginvic.htm
Dr. J. O’Connel and J. Sanchez Taylor (1996) Child Prostitution and Sex Tourism: South
Africa. Department of Sociology, University of Leicester, United Kingdom
Department of Social Development: National Drug Master Plan 2006 - 2011
www.welfare.gov.za/documents/2007/ndmp.pdf
Department of Health: HIV and AIDS and STI Strategic Plan for South Africa, 2007 2011
www.doh.gov.za/docs/misc/stratplan-f.html
Media Reports:
“Flesh traffickers use SA as prime brothel” by Valerie Boje.
Originally published on page 5 of The Pretoria News on December 16, 2006
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“Legalise 2010 sex trade – Selebi” by Boyd Webb
Originally published in Cape Times on March 29, 2007
“2010 sex suggestion appalling- DFL”
Iafrica.com March 01, 2007
Case Law:
S v Jordan and Others 2002 (6) SA 642 (CC); 2002 (11) BCLR 1117 (CC)
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