Lisa Jonas, peer educator at SWEAT, joins about 70 sex workers and supporters during a march in Cape Town to celebrate Sex Workers Pride. Picture: Ashraf Hendricks
The possible decriminalisation of sex work could mean that sex workers no longer face stigma, discrimination and mistreatment by police, they said.
It will also enable them to fall under labour and employment laws.
The news that Deputy Minister of Justice and Constitutional Development John Jeffery would be reviewing and engaging in meetings to decriminalise sex workers came as good news for both sex workers and the Commission for Gender Equality (CGE).
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The criminalisation of sex work falls under the Sexual Offences Act of 1957 which prohibits sex work, brothel-keeping, procuring and other activities related to sex work.
Section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007 prohibits sex work and also criminalises the demand of sex workers.
Although the decriminalisation of sex work has been endorsed by the CGE, the South African National Aids Council and a 2017 report by the South African Law Reform Commission, Cabinet has not yet decided on policy reformation for the purpose of further debates.
But to take the matter forward, Jeffery will be starting a series of consultative meetings with various stakeholders and related groups. He met with representatives promoting the decriminalisation of sex work on Wednesday in a closed meeting. Similar meetings in favour of the Nordic model, which aims to end the demand for sex work by criminalising sex buyers rather than workers, will also be held.
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Sex workers are crossing their fingers that this will come into fruition as they face challenges of discrimination, abuse by police officers and a violation of human rights.
Sex Workers Education and Advocacy Taskforce (SWEAT) has been advocating for the decriminalisation of sex work. SWEAT’s coordinator of the national coalition for decriminalisation of sex work, Constance Mathe, explains that sex workers still face penalisation, arrests and sometimes abuse of power by police.
“The major issue that sex workers face under the criminalisation law is the stigma and discrimination, violation of human rights, gender-based violence and [lack of] access to health and justice services. They still get penalised and arrested even though it has reduced in certain areas. The police also take advantage of them and use their powers to demand sexual favours and when they are denied such favours, police then detain them.”
The terminology of “prostitution” also creates stigma and leaves sex workers vulnerable. It results in the perception that sex workers are “dirty women”, said Mathe.
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“People have a picture of a sex worker being a dirty woman who doesn’t know what she wants in life and doesn’t care for their children and just sleep with any man for money and spread diseases. Everyone thinks a sex worker doesn’t have human rights and doesn’t deserve to be living like a human being.”
“Decriminalising sex work would be a big achievement on our side and it would ensure that everyone is included and the industry is recognised, respected and taken as an occupation. They can benefit from labour laws like any other employees and would be able to report cases instead of being labelled as criminals,” Mathe said.
The CGE also highly welcomed the consultative process by the department after they have presented this stance before Parliament many times, said spokesperson Javu Baloyi.
“This is the position that the CGE has adopted and it has been presented before various portfolio committees in Parliament. We have engaged various sex work formations, including SWEAT, and this now endorses our position,” said Baloyi.
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