ABOUT THE RESPONSE
Stefanie Kotze opinion piece published by Mail & Guardians on December 7 last year spoke out against the decriminalization of this type of work, which is now proposed in a new bill published by the cabinet. Kotze said: “Everyone should be able to make real choices about how to make a living – and no one should be forced into prostitution to make a living.”
Ironically, this is exactly what sex workers and advocates of the decriminalization of sex work want – to be able to choose their way of life and do so in an environment free from violence and abuse.
Saying no to the decriminalization of sex work does not defend the dignity of adults who choose to sell sexual services. In fact, saying no to decriminalization is denying individuals the right to choose what they do with their bodies.
Rejects ‘biased’ Law Reform Commission report
Kotze’s opinion is based mainly on the Adult Prostitution Report of the South African Law Reform Commission (SALRC) 2017 which, after 27 years of creation, recommended the continued criminalization or partial criminalization of the sex industry.
However, this report was rejected (not “blatantly disregarded” as Kotze claims). This fact is key to understanding the path that the country has taken to realize that the criminalization of sex work is untenable – and in fact only increases the violence and abuse that the industry carries out.
The SALRC report reveals not only the weak and questionable methodology and evidence base, but critically, the bias that exists where the main assumption of women as victims leads to discussion and the conclusion that sex work should remain criminalized. Shockingly the report suggested that sex workers should be rescued and “rehabilitated” – a suggestion that actually stripped them of their dignity by denying them the right to vote.
The SALRC report and Kotze’s article are based on the same assumptions about sex work that continue to improve our understanding of the sex industry and the views of sex workers. This is despite – or perhaps because of – the important and critical step towards decriminalization by the South African state.
Sex work is work
Selling sex is often a pragmatic response to a limited number of options for many people including people with disabilities, those who cannot access documentation, those who are mothers and/or have dependents at home, and those who for various reasons have not been able to . access other forms of employment.
Ignoring these facts enables support for a punitive legal approach to sex work that disproportionately punishes the most marginalized and vulnerable workers. An example is the so-called “Nordic Model” which criminalises the purchase of sexual services and sex buyers and decriminalises sex workers.
Adopted in many countries, including the Republic of Ireland, Sweden, Norway, Iceland, Canada, France, Northern Ireland and Israel, this approach has been strongly opposed by sex workers and organizations led by sex workers who argue that it leads to higher rates. violence and discrimination against society and not being able to overcome the material conditions that lead people to engage in sex work.
The “no demand, no supply” argument for example ignores the fact that sex workers have a demand – they need work to make money. The customer is the provider. Eliminating customers does not eliminate the need for sex workers. It takes away the survival strategy in the name of pseudo-feminism.
It also takes away protection and drives the industry underground. A 2019 study by sex worker organization Ugly Mugs Ireland found that crimes against sex workers had almost doubled in the two years since the “Nordic” law, with violent crime rising by 92%.
There is no doubt that sex workers face high risks and levels of violence in the work they do. But this is not, as Kotze says, because sex work is violent and exploitative. Stigma and misogyny (which are reproduced by the criminalization of sex work and who support it) enable discrimination, abuse and violence against sex workers to continue with impunity.
In fact, there is clear evidence from many contexts around the world that directly links the criminalization of sex work with many human rights violations against sex workers. All the lives of sex workers are important and we call for all criminal sanctions and the improvement of working conditions.
Identify options – even for survival
Research shows that some sex workers make a lot of money, and some don’t. Some mothers, breadwinners, students, fathers and transgenders. Some work on the streets, in brothels and in hotels.
Acknowledging sex work as work does not invalidate the experiences of people who have exited sex work or people who have been sexually exploited. Nor does it mean that sex work should be considered empowering or the “ideal” choice of work. It simply means acknowledging that sex workers deserve equal rights and opportunities rather than offering to protect their dignity by sparing them the choice to make a living.
Poverty forces many people to work which Kotze can feel and sex workers choose this type of work over other types of work that pay less. Criminalization does not end the cycle of poverty and, despite the promises and assurances of many anti-sex work campaigns, they do not offer a viable alternative.
It is unlikely that sex workers, domestic workers or cleaners, if offered a paid, comfortable and practical job, would refuse. But the reality is that this does not exist – and no amount of practice in beading or nail painting (as suggested in the SALRC report) will change this.
Sex work is work, and all work is based on the reality of limited choices, gender and other inequalities – the criminalization of sex work will not and does not solve this problem.
The scapegoating of sex workers deviates from addressing the system we are all connected to and fails to address the reality many South Africans face.
Sex workers ask for the bare minimum to be able to work in an industry that meets their current needs without having to prove their intrinsic worth in order to gain security and protection.
Decriminalization does not improve human trafficking
Kotze, like many others, also reverts to the simple but unsupported claim that decriminalizing sex work will increase human trafficking.
The combination of sex work and sex trafficking is the main characteristic of the stigma that surrounds sex work and has a moral ideology that sex work and sex trafficking share the same characteristics of exploitation and victimization.
The difference between trafficking and sex pivots on individual agency – where trafficking is defined by coercion, forced movement and exploitation, the type of work defined by consent to the sale of sex. This distinction is critical. It not only prevents misrepresentation of the sex industry but also supports efforts to tackle trafficking and protect victims of trafficking.
Simply put, Kotze failed to mention that although South Africa criminalized sex work in the last 50 years, with clients explicitly criminalized in the last 16 years, this has not led to a reduction in the trade. Therefore, suggesting that sex work should remain criminalized to prevent the rise of human trafficking is not only misleading but also shows a failure to engage with reliable research and evidence.
Research shows that sex workers can play a critical role in anti-trafficking and tackling issues like underage people selling sex. Proponents of the decriminalization model of sex work actually believe that this non-criminalization model will open up the industry and will allow the police to find victims of trafficking and incidents of exploitation as well as minors entering the industry. Indeed, a five-year review of the decriminalization system in New Zealand reported that cooperation between sex workers, the police and other agencies provided valuable information on criminal activity.
Glory to work in a legal system without abuse
The South African government’s move to decriminalize sex work has taken decades of hard, painstaking and relentless work, driven by sex worker-led organizations, supported by civil society and rights-based organizations, and bringing the lives of many sex workers. lost to the violence and brutality that criminalization of the industry has sanctioned.
Decriminalization offers opportunities for redress related to human rights violations and working conditions in the sex work industry. The National Strategic Plan on Gender-Based Violence and Femicide clearly states in Pillar Three the need to decriminalize sex work by 2023.
Governments listen to facts and evidence when repealing outdated and harmful laws. There is abundant evidence, for example, that policing authorities are high on the list in relation to violence and abuse against sex workers.
Decriminalization will drastically reduce forms of violence and change the position of government services to protect and help people who sell sex. Sex workers themselves are positioned, willing and able to improve working conditions and address health and safety issues in the industry.
No doubt strong and polarized views on the decriminalization of sex work will continue to be expressed, especially as we move closer to the realization of the decriminalization bill.
However, when we participate in discussions and debates, let’s follow the government’s steps that determine the end of listening to sex workers, rejecting the claim that they can only be victims and spoken by those who claim to know more about their lives and needs. rather than what he did.
Sex workers are not asking for their dignity to be protected, they are asking for the freedom to work in a legal system that does not punish them for a living.
Dr Rebecca Walker is a research associate with Center for African Migration & Society at the University of the Witwatersrand and a gender, migration and health consultant. Since 2014, he has been conducting research with migrant sex workers and on issues related to child migration and child trafficking.
Jayne Arnott works at Sonke Gender Justice, working on the Sex Worker Rights Project. She has over 20 years of experience working in the field of sexual health and rights with a focus on advocacy and lobbying with sex workers and their allies for legal reform.
Megan Lessing is the media officer for the Sex Education and Advocacy Task Force.
Constance Mathe is the national coordinator at the Asijiki Coalition for the Decriminalization of Sex Work in South Africa.
Sally Shackleton works for Frontline AIDS, as the technical lead HIV: key population. She has worked in civil society organizations for over 25 years, always focusing on the rights and freedoms of marginalized populations, including sex workers.
The views expressed are those of the authors and do not necessarily reflect official policies or positions Mail & Guardians.