Violent clients, police harassment, and stigma are just some of the main reasons sex workers and the NGO s that collaborate with them are fighting for the South African government to decriminalize the trade. Sex work has been criminalized in South Africa since under the Sexual Offences Act, which bans prostitution, brothels, and criminalizes anyone who lives off the proceeds of sex work. A report by Human Rights Watch released this month found that criminalization drives sex workers underground where they are often forced to work in unsafe conditions, harassed by the police, and are unable to report rape, assault, or other forms of criminal activity for fear of being prosecuted themselves. Sex work has been here since my mother, since their mothers and their grandmothers and it's not gonna change. This industry has been here before us, before you, so I want those who are non-sex workers to just stop judging us.
Sometimes an argument between the sex worker and the perpetrator over condom use preceded the rape. But proving the crime of sex work means a Southafrican sex officer has to catch a sex worker in the act of providing sex Southafrican sex remuneration. Seven of the interviewed sex workers did not grow up with their mothers, who had either died or abandoned them as babies or young children. No Bias. Many sex workers also feel a sense of sisterhood with others using specialized services and have Southafrican sex empowered by the knowledge at least some in society see them Southafrican sex ordinary people. Ivana Vasic, graphic designer; Fitzroy Hepkins; and Jose Martinez prepared the report Nude beach exercising publication. Many of those interviewed for this report described multiple experiences of stigma and discrimination, ranging from being denied access to housing to verbal abuse by members of the public. We should do it in a protected area, when they chase us, we go to dangerous areas. Another segment of civil society, including some religious and anti-trafficking organizations, maintain that while current laws may Isiah brooks twin to be reformed, full criminalisation should be retained to protect morality or society as well as vulnerable women from the harms of sex work. South Africa currently uses a model of total criminalisation or prohibition of sex work, which means that the conduct of an estimatedtosex workers is subject to criminal sanction.
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This chapter starts with broad, introductory remarks on the possible causes of sexual slavery and exploitation as well as what we as a society can do to collectively address this pressing issue.
The chapter then moves on to consider antihuman trafficking legislation in South Africa and what it entails; a distinction is made between sexual slavery and sex work; and the reasons, effects and value of decriminalising sex work are referred to. Sexual slavery and exploitation have been a worldwide problem for a very long time. This specifically applies to women and children due to factors which include a lack of employment, education and opportunities to improve their living conditions [ 1 ].
Social instability and conflict drive people to embrace desperate measures in order to survive. Despair, hunger, frustration and anxiety render some women vulnerable and gullible to the empty promises made by traffickers. Instead of promised jobs or study opportunities, they find themselves forced into servitude or prostitution. Syndicates that deal with human trafficking consist of greedy, unscrupulous, predatory, self-centred violent men and women who are involved in coercion, fraud and deception.
They commit trafficking offences with impunity. Trafficking is their source of income. They are daring and slippery. They avoid being arrested at all costs. These are men for whom honour and nobility are meaningless words [ 1 ]. Patriarchy and male domination thrive in many societies.
Evidence strongly suggests that there are men who experience entertainment and self-gratification at the expense of women, while women and girls, who become the victims of these men, experience shame, humiliation, indignity, loss of self-respect and meaninglessness [ 1 ]. In this respect it is important to refer to the Sustainable Development Goals of the United Nations that explicitly addresses in its associated targets the elimination Target 5.
It is argued [ 1 ] that we should collectively call for responsibility, greater awareness and participative engagement in order to tackle this multi-faceted problem of slavery for sexual exploitation. Leaders must constantly be called upon to prevent trafficking to the extent they can and to keep perpetrators accountable. Following these introductory remarks, the aim of this chapter is to explore the extent of sex slavery, sex work and exploitation in South Africa.
There are however weaknesses in South African literature in this respect. Part of the aim of this chapter is thus to gain a foundational overview of sex slavery and exploitation in South Africa. Definitions regarding sex work and sex slavery are briefly discussed, and the anti-trafficking law in South Africa is looked at—in order to protect the victims of sex slavery and prosecute the perpetrators. The necessity of decriminalising sex work in South Africa, among others, to respect the dignity of sex workers, is also discussed.
Who was this illusive figure who confronts us with gender inequality and violence, and what can we learn from her narrative? This chapter demonstrates how, despite global interconnectedness and human solidarity, gender inequality and slavery for sexual exploitation are still a reality.
The chapter starts with the contextualisation and extent of sexual slavery in South Africa. In the run-up to the Soccer World Cup in South Africa in , aid groups estimated that some 38, children were trapped in the sex trade in South Africa [ 6 ]. According to an IOL News article it was believed that 40, women and children were trafficked during the World Cup in Germany in , and it was estimated that close to , could have been affected in during the Soccer World Cup in South Africa.
But research showed that there had only been five cases directly linked to the Germany Soccer World Cup [ 8 ]. Overestimated claims in this respect are not new. Pharaoh states that one has to look critically at this data. She refers to Kelly who alludes to. It could also simply be that the issue is an emotive one and that sensationalism sells [ 5 , 11 ]. It states that. Of those victims, were trafficked for the purposes of sexual exploitation and for use as forced labour.
Research done by Wilkinson and Chiumia estimates that the. Such overestimations, while successful in capturing public attention and generating moral outrage, do not provide a sound basis for policy-making and resource allocation….
There is a need for real, reliable data to enable the implementation of government policies and the proper allocation of resources to combat genuine cases of human trafficking. NGOs that cry wolf to secure donor funding and newspapers that publish sensational reports without interrogating the figures hurt efforts to combat a real problem [ 6 ].
The reason for this is that there are no reliable enough or indeed enough research done on this issue. A very important finding in this respect by Motseki 2 has to do with the modus operandi of perpetrators on human trafficking in three selected areas of the Gauteng province in South Africa. South Africa was very slow to criminalise human trafficking. The legislation deals with a general definition of what constitutes trafficking. It includes. This legislation also provides protection for victims of human trafficking, including persons coming from another country [ 16 ].
It provides that. It affords alien trafficking victims the same right of access to public healthcare services as that available to citizens. The legislation requires the Department of Home Affairs to grant alien victims of trafficking permission to remain in South Africa for a non-renewable day term, as a recovery and reflection period [ 16 ]. In this regard it is also important to refer to certain instruments, rights and laws that protect children against sexual exploitation in South Africa.
Compared to a number of sub-Saharan African countries,. In addressing this issue in a credible way, it is important to distinguish between human trafficking into sexual slavery and sex work. Like all trafficking, it involves coercion or trickery or both. When a person on the other hand willingly takes part in the sale of sex and it is consensual, it is called sex work [ 19 ].
In other words, it is not as voluntary as one may sometimes think [ 19 ]. The important question that should be asked is how should we think about sex work and the law if we distinguish it in principle from human trafficking and if we want to respect the dignity of sex workers?
However, sex work despite prosecution and severe penalties continues. There are however good reasons to decriminalise sex work in South Africa. Decriminalising sex work further challenges stigma, discrimination and the consequences of having a criminal record [ 27 ]; it is argued that it does not result in an increase in the population of sex workers [ 27 , 33 , 34 ]; it facilitates effective responses to trafficking [ 27 ]; and it challenges state control over bodies and sexuality.
Decriminalisation is an issue of gender equality, sexual rights and freedom 4 and the right to bodily and psychological integrity [ 27 ]. The first country in the world to decriminalise sex work was New Zealand in There are many supporting bodies that assist women and others who are sexually exploited such as, among others, the Commission for Gender Equality in South Africa.
The current legal system criminalising sex work in its entirety is impractical and ineffective. However such a change would ensure that the basic rights of an employee are guaranteed by law and these rights could then be insisted upon [ 12 ].
Changing the law would be a huge symbolic act of inclusion, although it is understood that stigmatisation of sex workers will not change overnight. If this happens it will make South Africa the first African country to decriminalise sex work. Many women trapped in sex slavery would probably strongly relate with her experience regarding gender inequality, sexual exploitation and abuse, humiliation and indignity.
Our South African history is characterised by sexual slavery and exploitation. A prominent story formerly unknown for many South Africans came to light in after former President Nelson Mandela requested that the remains of Saartjie Baartman be returned to South Africa.
Baartman was especially popular with the general public because of her physique. President Nelson Mandela requested that the French government return the remains of Sara Baartman so that she could be laid to rest. Finally on the 9 March , Sara Baartman was brought back home to South Africa where she was buried. Sara Baartman has well into the twentieth century shaped French culture, particularly with regard to female sexuality.
It must be the only bottom which has become the centre of a cult. In light of this, laws throughout Europe have been devised by politicians and bureaucrats to. In some cases, doctors argued, castration was warranted; in the United States the practice continued through the s [ 41 , 44 , 45 ].
What happened to Baartman happened to women all the time, the world over. Sara Baartman was repatriated not to her family, but to a nation. The restoration of the dignity of Sara Baartman implied the restoration of the dignity of black South Africans, especially of the Khoisan. Sadly her grave was vandalised, and today it is surrounded by tall green metal bars. The important question to be asked: although Sara Baartman returned to South Africa, is not she still behind bars, imprisoned—like so many other sexually exploited and trafficked women?
Sara Baartman, this famous South African woman, confronts the historical past of South Africa with current gender inequality, exploitation, violence, humiliation and indignity. Some of the important drivers of human trafficking and sexual slavery are poverty, oppression and a lack of equal human rights for women, like we have seen in the case of Sara Baartman.
In a place like South Africa, with so many young people and huge gap between the rich and the poor, it really becomes a battle with poverty, patriarchy and economic justice. In this regard, without discussing it in detail, it will increasingly be important for South Africans to deal with gender as a cultural concept. We are not born with gender roles and they are not biologically determined. As South Africa constantly pushes for gender equality, there is still in many respects inequality that has to be addressed and transformed.
South Africa will also have to deal with traditional practices that lend themselves to the trafficking of women and girls.
This causes such practices to continue especially to oppress females. If we are serious, in South Africa as well as globally, to address gender inequality effectively in order to combat sex slavery, we need to challenge the abovementioned practices but also the gender inequalities which we so often find in so many South African faith-based contexts [ 49 ]. In addressing these elements, government, communities and organisations follow the prevention, protection and prosecution approach.
However, gender justice presupposes equality of outcome and opportunity which has clear consequences for sex slavery, sex work and exploitation. South Africa is a signatory to this quest. Opposed to this, there is a need for reliable data on the extent of sex slavery, the profile and motivations of victims and traffickers, how many South Africans are trafficked to other countries, the nature of the exploitation, the environment in which it occurs, activities to prevent sex slavery and what kind of support infrastructure is available to victims, to name a few [ 5 ].
It is crucially important that South Africa will learn from international literature, reports and studies on sex slavery, exploitation and gender justice. Discernment is needed in order to study this and other literature critically for a better analysis regarding the extent of sex slavery and exploitation in South Africa [ 5 ]. Thorough unemotional research is however needed to further ground and stimulate this debate with credibility in South Africa. Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution 3.
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Sex Workers and Sex Work in South Africa – Sonke Gender Justice
Many of the sex workers described cases of rape, corruption and harassment by police officers. South Africa currently uses the total criminalisation model which means the sale and purchase of sex is illegal. But proving the crime of sex work means a police officer has to catch a sex worker in the act of providing sex for remuneration.
The report said municipal bylaws like solicitation, being a public nuisance or loitering were often used to arrest and detain sex workers. The sex workers who were interviewed said these arrests and detentions, which often lasted two nights, did not deter them from continuing.
Lindah Dumba, Limpopo provincial coordinator for Sisonke a national movement started by sex workers , said that many sex workers in Limpopo, were forced to have sex with police officers as a form of bail.
Police also extorted money from sex workers. She said sex workers in Limpopo who come from Malawi, Zambia and Zimbabwe face a double stigma because they were also foreign nationals. Some of them were undocumented so they feared deportation if they did not have sex with police officers.
The report called for an immediate moratorium on arrests and detention of sex workers at least until the legal status of sex work was determined. Civil society organisations like SWEAT and Sisonke want the total decriminalisation of sex work, citing the right of sex workers to bodily autonomy and choosing an occupation. This model decriminalises the selling of sex but criminalises the buyer. It views sex work as inherently exploitative and harmful. But one of the panelists, Sky Wheeler, a researcher at HRW, said the assumption that sex workers were victims of human trafficking was inaccurate.
Wheeler said there was one sex worker who had been trafficked, given drugs and held in a brothel when she was younger. She said the sex worker made a clear distinction between her current sex work and when she was trafficked. She said criminalising sex work deterred sex workers from reporting trafficking crimes.
Tlhwale said decriminalising sex work would ensure that sex workers report crimes against them, have safe working environments, and access to health care. The report said all of the sex workers interviewed had experienced an improvement in health care services over the past few years.
The sex workers were also approached by outreach health workers on the streets or in brothels who provided them with condoms, lubricants, information and education and sometimes transport to clinics. But it said police detained peer educators sex workers who worked in clinics , and sex workers also missed medical appointments because they had been arrested.
Some sex workers were also denied access to their HIV medicines while being detained for a few days at a time. Terms and Conditions. Springboks assistant coach, Mzwandile Stick says the technical team will never resort to spying on their opponents ahead of games. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. All Rights Reserved. Reproduction without permission prohibited. Home News. Sex workers speak of rape, corruption and harassment by police A recent report by Human Rights Watch and the Sex Workers Education and Advocacy Taskforce has painted a bleak picture of life as a sex worker in South Africa.
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