Sex work: discussion document 27-29 March 2012

The aim of this paper is to resuscitate the debate on the need for decriminalization of sex work and ensure that COSATU and its affiliates further engage within structures, alliance, non -governmental organizations and with the Government in terms of the need for law reform and identify alternative policy framework. However, whatever outcome of the legal processes pertaining to sex work, should be abide by the spirit of the Constitution which is committed to advancing human rights and social justice. Sex work in South Africa is currently criminalised and is restricted by the Sexual Offences Act of 1957 (an un-amended apartheid-era law) which prohibits all activities associated with it. The criminal offences related to sex work include amongst them the keeping or participating in the management of a brothel, procuring someone to become a sex worker, soliciting or selling sex or living of the earnings of a sex worker. In 2007 through the Sexual Offences Act their clients were also criminalised In 2007, the Act was amended to criminalise buyers of sexual services too (SALRC 2009). We therefore argue that the existing laws on sex work are nothing but hypocrisy of the conservatives and elites. They do not improve the conditions of women; instead they worsen the miserable conditions that women in the sex trade already find themselves in. The missing fact is that sex work is a by-product of our patriarchal capitalist society-not something created by some “immoral prostitute” The current oppressive legislation on sex work has stimulated a lot of debates and has led to an upsurge in advocacy work by individuals and organizations around the need to either legalise or decriminalize sex work. Likewise, Cosatu as a key civil society player has also played a leading role in its endeavor to unite the working class and to defend workers from exploitation as well as finding workable solutions to the plight of the most vulnerable people in our society who find themselves with no choice but to engage in sex work. The sex industry is by nature exploitative and inherently dangerous. Women in the industry experience different degrees of abuse, coercion and violence, but all of them are harmed physically and psychologically. As a trade union movement, COSATU has an interest in the debate about sex work, from the point of view that sex work targets mainly the working class and the poor, predominantly black women. High levels of unemployment, poverty and gender inequality are key factors driving sex work. The global economic crisis has aggravated the situation for the poor majority through job losses, casualisation and ultimately increased feminization of poverty. Cosatu has already started some debates and campaigns aimed at devising ways of protecting sex workers through collective workers struggles. As such, the sex work discourse and campaign among Cosatu affiliates for decriminalization was tabled at the Federation’s 10th Congress though it was deferred because of contestation and opposition amongst delegates. However, affiliates had the responsibility to go back and make further consultations, sensitization with their structures and open up a discussion at the level of the COSATU Central Executive Committee. Indeed, it is high time that the debate on decriminalization should be concluded and that sex work be recognized as work as Arnott and Crago (2009) argue that: “The criminalisation of sex work has precluded the enforcement and protection of sex workers’ Labour rights. This disregard for sex workers as workers has left many of those employed in brothels in South Africa vulnerable to labor abuses such as withheld wages, arbitrary fines, restrictions on mobility, and confiscation of belongings including medication. Sex workers on the street or working in brothels and other agencies have no recourse if customers refuse to pay them’’1 The decriminalization of sex work should take the course of a rights- based approach which means that sex workers would be able to enjoy their basic human & labour rights and be protected against sexual harassment, violence, rape and unfair working conditions. By so doing, sex workers would be able to access non-discriminatory health care services, be more empowered and operate within the ambit of protective labour and occupational health & safety laws