RESPONSE TO PROJECT 107: ADULT PROSTITUTION
We have looked long and hard at all the options regarding the
"general proposals" and the "four law reform options" contained in
your Project 107. Your workshops and hearings have been attended by our members. The Law
Commission’s other documents and some of the points raised by your representatives at
the public hearings, as well as the various debates where groups like SWEAT and
anti-decriminalisation organisations, have voiced their opinions, have been taken into
consideration. We have also taken the time to study the same issue in other countries,
especially where it has been decriminalised and also where there have been reversals
("recriminalisation") of the same laws. Various members of our organisation (we
have about 90,000 members in South Africa) have been involved in researching this topic
for years and have closely followed the evolution of the arguments and some of the
consequences of various legislation similar to those proposed by the Law Commission and
groups like SWEAT.
We have taken note of the following:
1. The decriminalisation of Prostitution has not been successful in
protecting women and children in those countries where this has happened. Various
Governments have reviewed older legislation which allowed Prostitution and they have made
severe changes to their laws. Sometimes, the changes were more in emphasis (who should
bear the brunt of the laws against Prostitution. As you are well aware, Sweden has decided
that men should be more severely punished than the women involved) In some cases there has
been reversals of laws. Thus, the Recriminalisation of Prostitution is now the
direction of discussion in Norway, USA, New Zealand, Germany, among other countries. This
new direction gives the Law Commission the ideal opportunity to learn from the many years
of experience of legalised Prostitution and the reasons for other country’s doubts
and changes to laws.
2. The main reason for the renewed discussion of Prostitution is because
of the irrefutable evidence that Prostitution is increasingly linked to women abuse
and a return to slavery in the form of "Human Trafficking", as this
practice is now referred to. We believe that you have mounds of information regarding this
and it is unnecessary for us to repeat what you already know is factual evidence.
3. Many Feminist groups have been pro-decriminalisation of Prostitution
until recent years. Their arguments in the past were the usual ones which SWEAT still
harps on: "decriminalisation of Prostitution will lead to more protection of
women"; "banning Prostitution will only drive it underground";
"regulation of Prostitution will help with medical needs etc"; "women
should be free to choose their own careers"; "regulation will help with
protection from violent and sexual abuse"; "sex-work should be seen as a career
and all forms of protection under normal labour practises should be applied", etc,
etc.
However, leading Feminist groups have changed their minds regarding their own previously
held position. The international exposure of Human Trafficking and the strong connection
to abuse and addictions, are some of the reasons which have changed the Feminist position.
Also, the inherent philosophy of Feminism is against exploitation by men, and thus, all
forms of Prostitution, even when it is legal and regulated, because it has been shown to
be a continuation of male abuse of women and girl’s bodies. Of course, the growing
evidence that underage females ("girl children") are highly sought after in the
Prostitution industry, has also been a factor in shifting the Feminist schools of thought
regarding "sex-workers".
We therefore propose, in respect to your "general
proposals" and "four law reform options", the following:
a) Prostitution should remain a criminal offense. We believe that new
legislation should go beyond the "status quo" and seek to punish those who are
the main controllers of the sex industry.
b) We agree with the 4th proposal of the Law Commission where
it is stated that "if required in the new legislation, develops new terms and
definitions for archaic terms". These older terms should be updated with terms such
as "the sale of women and children’s bodies"; "Prostitution is sexual
abuse"; "Prostitution is to be equated as a form of Human Trafficking".
c) Since men are the main benefactors of Prostitution and are usually the
controllers, pimps and customers of the sex trade, the emphasis of new legislation should
be the "naming and shaming" of these men as well as strict punishments through
the courts of law. The heavy fines could be used in educating and training the vulnerable
girls and women to follow other professions.
d) Because of the high levels of unemployment and the extreme poverty in
many areas, there is a very obvious pull for girls and women to enter the sex trade. New
legislation should therefore provide for focused and well-researched education in all
schools (and at other levels where girls and women can be reached). This education needs
to explain the devastating facts about Prostitution and assist in promoting alternative
careers.
e) Since substance abuse is indivisable from Prostitution, especially in
South Africa (all research has shown this to be the case), there should be clauses in the
legislation which give far harsher sentences to the providers of drugs to girls and women
who are then directed into the sex industry (usually the pimps and other
"mafia-like" groups).
Yours sincerely,
Margrit Olsen, and Fano Sibisi
(for CFT)
