1. Mickey Meji Parliament Cape Town 5th March 2018
KWANELE Submission to PMPWC on SALRC Report Project 107-Adult Prostitution
Mickey Meji
Parliament Cape Town
5th March 2018

2. Context 23 years of democracy Inequalities still exists
An estimated people being prostituted
Majority poor, black and women
Driven into sex trade by poverty
Even though South Africa has been enjoying democracy for over two decades, the inequalities between white and black, man and woman, and rich and poor still persist. It is therefore no wonder that the vast majority of the estimated prostituted persons in South Africa, are poor black women, who mostly have entered prostitution because of lack or minimum choices, but mainly poverty. Women in prostitution do not wake up one day and decide to be prostituted, but prostitution is chosen for us by our colonial past and apartheid (which limited our access and protection of basic human rights like education, dignity and security of the person as enshrined in the constitution), persistent inequalities, poverty and patriarchy.

3. KWANELE Survivor of prostitution movement Formed by survivors
Black women living in South Africa
KWANELE is a movement of survivors of prostitution formed by survivors, for survivors, predominantly black women, living in South Africa. We dream of a life free from oppression, patriarchy, violence and economic inequalities. A life where we have access to a wider array of dignified and decent employment and economic empowerment options. Where we can participate as citizens, and where we can exercise our rights as humans and not a key population (sex workers). We declare that prostitution is an embodiment of violence and sexual exploitation making it one of the worst forms of violence against women.

4. SALRC Report KWANELE welcomes the report
KWANELE welcomes the terminology prostitution
KWANELE appreciates the work done by the commission
The South African Law Reform Commission (SALRC) released its report on Project 107 Adult Prostitution making recommendations on which legal option South Africa consider to address the issue of prostitution.
This is after many years of hard work and research by the commission. We appreciate the use of the term prostitution that the report quotes, in accordance with the fact that its legal term is prostitution and not sex work.

5. SALRC RECOMMENDS TWO OPTIONS
Option 1- Partial Criminalisation/Decriminalisation
Option 2 – Continued Criminalisation
The Commission recommends two options. Option 1 being the partial criminalisation (criminalization of all aspects of prostitution with the exception of the seller) with a diversion programme, and Option 2 which is to retain a fully criminalised legal framework with a diversion programme to prohibit prostitution in South Africa.

6. Criminalisation implementation
Targets women
Enforcement is brutal
Since 2007 thousands of women arrested
Till date 11 men recorded as been arrested
Even though the law criminalizes all aspects of prostitution, including the buying, selling, pimping and organizing the law remains at targeting women in prostitution. Because it’s difficult to enforce and prosecute police have resorted to brutalizing women in prostitution, by raping, beating and the violation of other human rights. Even after amendment the law enforcers continues to target women and even though since the amendment thousands of women have been arrested and targeted by the police we have only heard of eleven men that have been arrested, taking into account that we have an estimated persons in prostitution in South Africa.

7. Criminalisation Limitations
Promotes gender inequality
Promotes abuse of power
Is not effective in addressing causes of prostitution
Increases women vulnerability of women to violence, HIV/AIDS STIs and other health complications
The commission recommends continued criminalisation despite the mounting evidence (globally regionally and nationally) that full criminalisation (which is what we have had for the past ten years) has not, and will not reduce prostitution, nor has it or will it improve the lives and access to basic human rights for those who are bought, sold and exploited within the system of prostitution.
Because the law is is difficult to enforce and also that men who buy sex are not easily accessible which makes women easy targets. This law also perpetuates abuse of power because of the economic status of women it is most likely that men can pay their way out of the situation whilst the women are left to deal with the police, the law has been in place for the past sixty years and prostitution has actually despite its practice being prohibited. Since we have understood prostitution to be driven mainly among other factors poverty, gender based violence, economic status of women the current law does not address this also the risks caused by prostitution among other being the vulnerability to HIV, other sexually transmitted diseases, violence implementation of this law actually increases the vulnerability of women to these risks. Poverty, HIV, VAW, GBV,Stigma and discrimination, unemployment etc.

8. Criminalisation limitations cont’
Further victimization of those who are exploited
Exposes women to police brutality
Denies women access to justice
Hinders women from exiting
Costly to the state
The women who are already exploited by the men who buy them for sex and the pimps who sell and exploit them, the community are further exploited because there is no protection for them by the law, and it denies them access to justice or rather makes it impossible for them to access justice. Because of criminalization it is difficult for them to exit when they have obtained criminal records even when opportunities are available. Interventions of HIV prevention are hindered by the continued confiscation of condoms and their use as evidence for proving the involvement of one in prostitution. The blame of the failure of the government to protect, promote and make accessible the rights as listed in sections 9, 10,12,26 & 27 of chapter 2 of the South African constitution gets shifted. The state becomes beneficiaries of earnings of prostitution through the fines they issue to women and not the men because the men have earned the money otherwise and it's not taken from them but from the women who earned it though prostitution.

9. Partial Criminalisation option 1
Swedish Model
Nordic Law
Abolitionist Law
Sex Buyer Law
Equality Model
The Equality Model approach to prostitution is sometimes called or known as the Swedish Model, Abolitionist Law, Sex Buyer Law and or the Nordic Model. It was first enacted in Sweden in 1999 after extensive research and conversations with prostituted women.
KWANELE welcomes the recommendation of partial criminalisation as an option as it is the only promising legal framework that will reduce prostitution, improve the lives of and access to basic human rights of those who are bought, sold and exploited. Evidence shows that criminalising of those who are bought and sold in the system of prostitution has resulted in high levels of violence from the men who buy sex, pimps, brothel owners, the police and the community at large against prostituted persons.

10. KWANELE’S PREFFERED OPTION
We welcome the first recommendation of partial criminalisation or more correctly partial decriminalisation of prostitution (criminalisation of the system of prostitution with an exception of the seller) with an understanding that the seller in most settings does not freely choose to be prostituted, but that prostitution is chosen for us by our colonial past and apartheid, persistent inequalities, poverty, past sexual and physical abuse, the pimps who take advantage of our vulnerabilities and the men who buy us in prostitution and therefore they should remain criminalised. But the recommendation by the commission is not clear on some aspects of this option such as its implementation, and who will be diverted and how.

11. Prostitution exposes women to violence from men
A study by Sonke Gender Justice reported in Bhekisisa Centre for Health Journalism ( factors-that-make-a-man-more-likely-to-beat-and-rape-a-woman) shown that men who buy sex, have sexual entitlement, multiple sexual partners and those who engage in transactional sex are more likely to beat or rape a woman.
Everyday a woman of girl goes to ‘’work’’ they risk their lives more than the ordinary women or girls to rape or violence and it is inevitable!

12. KWANELE CALLS FOR….
Parliament to advise on policy with regard to the system of prostitution to free women from violence, patriarchy, oppression and stigma and enable prostituted women to exit.
Recognition and treatment of the system of prostitution as violence against women as per qualification of it in international human rights law (Article 6: UHRD)
The piloting of Option 1, even under the present law, to gather evidence of its effect, because Option 2 is already in place and is not working.

13. PROSTITUTION IS NOT THE SOLUTION!
PROSTITUTION IS NOT WORK
PROSTITUTION IS NOT EMPOWERMENT
PROSTITUTION IS NOT INTREPRUNUERSHIP
PROSTITUTION IS MEN’S VIOLENCE AGAINST WOMEN
PROSTITUTION IS EXPLOITATIVE
Read manifesto – quote it

14. THANK YOU!