Prostitution, Trafficking and Sex Work - PowerPoint Presentation

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Prostitution, Trafficking and Sex Work

Commission for Gender Equality input into Select Committee on Petitions and Executive Undertakings’ briefing11 November 2015

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PRESENTATION OUTLINE

CGE mandate

Concepts: Prostitution, Sex work and trafficking

State response to prostitution and trafficking

Proposed Investigation by ParliamentIn support of the call for law reform

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CGE MANDATE

SA Constitution:

S187

of the Constitution require the CGE to promote respect for, and the protection, development and attainment of gender equality

CGE Act No 39 of 1996:

The

CGE mandate is to m

onitor and evaluate legislation, policies and practices of the state, statutory bodies and private businesses, as well as indigenous and customary laws and practices; research and make recommendations to Parliament; receive and investigate complaints of gender discrimination; and conduct public awareness and education on gender equality. CGE has powers of subpoena and litigation.PEPUDA Act 4 of 2000: Obligates the CGE to institute proceedings of unfair discrimination on the grounds of genderVision:The CGE vision is a society free from gender oppression and all forms of inequality

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Debunking and de-linking concepts

Prostitution

is viewed as coerced sex work, where women have no choice in the matter. It is necessarily demeaning - women are considered victims

Trafficking in persons

is a criminal act and is illegal. Legislation against trafficking in persons has come into force.Sex work is a non-stigmatizing term. ‘Sex work’ and ‘sex worker’ are concepts coined by sex workers themselves to redefine commercial, consensual sexual acts between adults. It indicates agency and the right to self determination. It should not be conflated with trafficking, forced prostitution or child prostitution, all of which are criminal acts.

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State response to prostitution and trafficking

The CGE shares the view that there has been an

inadequate state response to prostitution and sex trafficking

We have Sexual Offences and Trafficking in Persons legislation in place, but have insufficient information as to the

extent of forced prostitution, sex trafficking, and the effectiveness of SAPS and Justice stakeholders in responding to such instances, and implementing this legislationThe report on the SALRC investigation into legal options to address prostitution is long outstanding, and the need for law reform in this regard is critical.

The CGE is concerned at the

reported levels of human rights abuses directed against sex workers

, particularly at the hands of SAPS officials, occasioned by their criminal status, and is currently investigating a complaint in this regard5Slide6

Embrace Dignity call for Investigation

The CGE

supports the call by Embrace Dignity for a joint Committee to investigate prostitution and trafficking

. We propose that such Committee consider the following:

The extent, and situation of women and men, boys and girls, in instances of forced prostitution and sex trafficking,

and factors that perpetuate and enable these crimes

The extent to which SAPS and justice stakeholders have effectively implemented SOA and TIP to respond

to, investigate and prosecute such instances. In investigating policing responses, it would be useful to interrogate the number of charges laid in terms of the SOA and TIPSupport measures, programmes and resources provided by the state to victims of forced prostitution and sex traffickingAllegations of police abuse of sex workers, and non-compliance with arrest and profiling protocols in relation to sex workersIt is essential that the voices of sex workers be heard in such deliberations6Slide7

A call for law reform

The

SALRC process has investigated the legal options

in relation to prostitution. The CGE is of the view that this need not be entertained by the proposed Committee, and would constitute duplication.

What is critical, is that the final SALRC investigation report, which we believe is with the Minister of Justice, be

released and made public

. We would encourage this Committee to exercise necessary oversight in this regard.

We support the call for urgent law reform in relation to prostitution. In this regard, we reiterate our view that consensual, adult sex work should be decriminalised, as the only viable legal option to promote and protect the human rights of sex workers.7Slide8

Decriminalisation

in a nutshell

Decriminalization advocates the

repeal of all laws and provisions that criminalize all aspects of sex work

. Clear distinction between voluntary sex work, and that involving force, coercion or child sex work, which should remain criminalised

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Sex work

recognised as legitimate business, regulated under conventional employment and health regulations, with sex workers enjoying same rights – and responsibilities – as other workersInformed by CGE legal research and current investigation, and further supported by state research findings in New Zealand and NSW, Australia, revealing positive impacts of decriminalization of sex work, and refuting commonly held perceptions and fears of increase in number of sex workers, human trafficking and child sex work.Globally, decriminalisation is regarded as the only viable option to protect the human rights of sex workers, and reduce the acceleration of HIV transmission in this sector. Evidenced by calls for states to decriminalise sex work, by institutions such as UNAIDS, The World Health Organisation

, The UN Committee on the Elimination of Discrimination Against Women, The UN Special

Rapporteur

on Health, The Global Commission on HIV and the Law, and Amnesty International.

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In Conclusion

The CGE reiterates the view that there has been an

inadequate response by the state to forced prostitution and sex trafficking

The CGE

supports the call for a Parliamentary Joint Committee to investigate matters relating to forced prostitution and sex traffickingThe CGE supports the call for urgent law reform in relation to prostitution and sex work, and requests Parliament to exercise its oversight in ensuring the SALRC investigation report is released and that the law reform process is fast-tracked

The CGE will be

convening a public hearing

in relation to its current investigation into human rights abuses directed against sex workers, and reiterates its call for the decriminalisation of sex work to protect Constitutional rights of sex workers.9