CAPE TOWN – “We know firsthand the abuses of men who rent our bodies for their sexual gratification. The system of prostitution must end with us.”
So says a growing number of survivors of the system of prostitution in response to the legal challenge launched in May 2024 at the Western Cape High Court by the Sex Worker Education and Advocacy Task Force (SWEAT). SWEAT is calling for the decriminalisation of “sex work” — a move that would, tragically, also decriminalise sex buyers, pimps and brothel keepers.
“We do not want to see what happened to us happen to others. That is the reason we will do all in our power to stop the total decriminalisation of the sex trade in South Africa,” says a group of survivors from across the country, including KwaZulu-Natal, Gauteng, Western Cape and Eastern Cape. “We call on our government to listen to the voices of those who have direct experience of the harms of the sex trade,” they collectively assert.
Nozizwe Madlala-Routledge, Co-founder and Executive Director of Embrace Dignity, affirms their stance.
“The harms of the intertwined systems of prostitution and patriarchy are well documented. Male entitlement extends to patriarchy and feeling the ‘right’ to ‘own’ what belongs to someone else — in this case, the bodies of women and girls.
Removing the laws aimed at protecting women and girls from this prevalent form of gender-based violence flies in the face of values instilled in traditional African culture and the philosophy of ubuntu.”
Despite current legislation that explicitly prohibits “engaging the sexual services of a person 18 years or older” (Section 11, Sexual Offences Amendment Act 32 of 2007), prostitution is the only crime in which female arrests outnumber male arrests — even though men are overwhelmingly the perpetrators of this form of gender-based violence.
Embrace Dignity is calling on government to be true to South Africa’s human rights-centred Constitution by adopting the Equality Model. This model decriminalises prostituted individuals while criminalising buyers, pimps, brothel keepers and traffickers. It also mandates exit programmes for those in prostitution.
“There is nothing unconstitutional about stopping men using their economic power and privilege to buy consent and access into women’s bodies for their sexual gratification,” says Madlala-Routledge.
“Men buying sex are the only ones exercising free choice in this most exploitative transaction. The Equality Model Law is the only effective solution for protecting women and girls from the exploitative system of prostitution by addressing the demand and supporting those trapped in prostitution to exit.”
She continues:
“The reality is, the system of prostitution affects every single South African. It can be anyone we know. Survivor voices are unanimous that they do not want their children to have to go through this.”
“The last choice — to become a prostituted individual in a system that reinforces gender-based violence and patriarchy — is no choice.”
“Men literally trade on the fact that bread has to be put on the table and children schooled. They have the power, the choice, violence and the money. Men determine the rules and often the price. There is no value to the sex except for the purpose of the buyer’s sexual satisfaction.”
“How do you even regulate and attach a price to this human rights atrocity which often sees prostituted individuals dropping out of school or university?”
Madlala-Routledge reiterates that Embrace Dignity does not recognise prostitution as work:
“Prostitution does not fit the ILO definition of decent work.”
“According to the ILO: ‘Decent work sums up the aspirations of people in their working lives. It involves opportunities for work that is productive and delivers a fair income, security in the workplace and social protection for all… and equality of opportunity and treatment for all women and men.’”
“In the system of prostitution, the buyer (almost always a man) has the power to buy consent, determine what, how, when, where, and with whom.”
She cites Thomas Sankara:
“Prostitution is nothing but the microcosm of a society where exploitation is a general rule.”
And former UN Women Executive Director Dr Phumzile Mlambo-Ngcuka, who noted:
“There is inherent violence in the system of prostitution.”
Following the 2017 South African Law Reform Commission report, which rejected total decriminalisation of prostitution, Embrace Dignity presented a draft Equality Bill to the Department of Justice.
Madlala-Routledge stresses the global nature of this issue and celebrates the progress made:
Mickey Meji, a survivor from Khayelitsha and international speaker, once advocated for decriminalisation and worked for an organisation with opposing views. Today, she is a powerful voice for the Equality Law, affirming from experience that prostitution is not emancipation but exploitation.
Countries That Have Passed the Equality Model Law:
- Sweden
- Canada
- France
- Iceland
- Ireland
- Northern Ireland
- Norway
- Israel
The Equality Model Law:
- Decriminalises prostituted individuals
- Provides exit strategies and educational/training support
- Criminalises pimps, brothel owners, profiteers, and sex buyers
- Tackles gender-based violence and entrenched patriarchy
By contrast, countries that fully legalised prostitution have reported devastating results:
New Zealand (fully decriminalised in 2003):
- Street prostitution increased by 400%
- 12-year-old girls found in licensed establishments
“Police are powerless to act, powerless to do raids, powerless to ask for ID. We need to be supporting women to exit, not supporting men to buy.”
Germany (legalised in 2002):
- Pimps evade taxes
- Only 44 of 88,000 prostituted women are registered
- Increase in sexual offences
“Prostitution is connected to abuse and criminal structures… It should not be normalised.” – Chancellor Olaf Scholz
“Once you’ve paid, you can do anything you like to her… like a cup of coffee.” – Sex buyer
Netherlands (legalised in 1999):
- Home to the largest human trafficking case in Europe
“Let nobody fool you. Prostitution did not make this a better place. We were reprehensibly naive.” – Lodewijk Asscher, former Deputy Prime Minister
Madlala-Routledge refers to a 2010 study conducted by Dr Melissa Farley in partnership with Embrace Dignity and the Centre for Applied Legal Studies (CALS), which interviewed 100 women on Cape Town’s streets.
“The results show that most women do not willingly go into prostitution. They are forced by their circumstances and want help to exit their torture and be offered alternatives. They do not want prostitution to be normalised and treated as work. Prostitution is a perpetuation of male violence against women and girls.”
A draft Equality Bill, developed with legal firm Norton Rose Fulbright and submitted in 2019, includes educational and preventative measures. These range from curriculum changes to public awareness campaigns and professional training for police, prosecutors, and healthcare workers.
On 2 December 1949, the UN adopted the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others. Embrace Dignity urges South Africa to honour this by enacting the Sankara Equality Model.
“We will not rest until all can enjoy the right to gender justice, equality, dignity and peace,” concludes Madlala-Routledge.
“A world without the abuse of South African women and girls — free of all kinds of exploitation — is possible in our lifetime.”
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