Entire sex industry should be criminalised

By Errol Naidoo

The question of legalising prostitution in South Africa for the World Cup is becoming increasingly pertinent in view of compelling evidence.

On July 7, 2000, Germany was announced as the host nation for the 2006 world cup finals. In 2002, prostitution was legalised in preparation for the tournament. This pattern is currently being repeated in South Africa.

The "Report of the Act Regulating the Legal Situation of Prostitutes (Prostitution Act)" published by the German Federal Ministry for Family Affairs, Senior Citizens, Women and Youth states that: "In 2006, the issues of trafficking in human beings and forced prostitution drew great media attention in the context of the Fifa Football World Cup. At home and abroad, not least on account of the distorted reporting on the matter, supporters of a general ban on prostitution criticised both Germany's attitude to prostitution and the Prostitution Act.

"For example, the Prostitution Act was accused of not having improved the prostitutes' social and legal position, and of promoting prostitution and favouring brothel operators and pimps. In addition, the Prostitution Act, as it was claimed, made it more difficult to combat trafficking in human beings and forced prostitution."

These discussions - along with its obligation to report to the German Bundestag - encouraged the German federal government to revisit the goals of the Prostitution Act. The goals were:

For prostitution to no longer be considered immoral;

To ensure that prostitutes could take legal action to enforce their pay;

To facilitate access to social insurance;

To remove the breeding ground for prostitution-related crime;

To make it easier for prostitutes to leave prostitution; and

To improve working conditions (which pose as few health risks as possible).

The "Report on the Prostitution Act" summarised the federal government's conclusions as follows: "The federal government believes that the Prostitution Act has only to a limited degree achieved the goals intended by the legislator.

Although it has been possible to create the legal framework to enable contracts of employment to be concluded that are subject to social insurance, few have as yet made use of this option. The Prostitution Act has thus, up to now, also not been able to make actual, measurable improvements to prostitutes' social protection.

As regards improving prostitutes' work conditions, hardly any measurable, positive impact has been observed. At most there are tentative signs that point in this direction. It is especially in this area that no short-term improvements that could benefit the prostitutes are to be expected.

The Prostitution Act has not recognisably improved the prostitutes' means for leaving prostitution.

There are as yet no viable indications that the Prostitution Act has reduced crime. The Prostitution Act has as yet contributed very little in terms of improving transparency in the world of prostitution.

"For example, the Prostitution Act was accused of not having improved the prostitutes' social and legal position, and of promoting prostitution and favouring brothel operators and pimps. In addition, the Prostitution Act, as it was claimed, made it more difficult to combat trafficking in human beings and forced prostitution."

These discussions - along with its obligation to report to the German Bundestag - encouraged the German federal government to revisit the goals of the Prostitution Act. The goals were:

For prostitution to no longer be considered immoral;

To ensure that prostitutes could take legal action to enforce their pay;

To facilitate access to social insurance;

To remove the breeding ground for prostitution-related crime;

To make it easier for prostitutes to leave prostitution; and

To improve working conditions (which pose as few health risks as possible).

The "Report on the Prostitution Act" summarised the federal government's conclusions as follows: "The federal government believes that the Prostitution Act has only to a limited degree achieved the goals intended by the legislator.

Although it has been possible to create the legal framework to enable contracts of employment to be concluded that are subject to social insurance, few have as yet made use of this option. The Prostitution Act has thus, up to now, also not been able to make actual, measurable improvements to prostitutes' social protection.

As regards improving prostitutes' work conditions, hardly any measurable, positive impact has been observed. At most there are tentative signs that point in this direction. It is especially in this area that no short-term improvements that could benefit the prostitutes are to be expected.

The Prostitution Act has not recognisably improved the prostitutes' means for leaving prostitution.

There are as yet no viable indications that the Prostitution Act has reduced crime. The Prostitution Act has as yet contributed very little in terms of improving transparency in the world of prostitution.

On the other hand, the fears that were partly linked to the Prostitution Act have not proved true, in particular in the area of fighting crime. The Prostitution Act has not made it more difficult to prosecute trafficking in human beings, forced prostitution and other prostitution-related violence."

Since South Africa won the right to host the 2010 World Cup tournament, various officials and organisations have been lobbying for the decriminalisation of prostitution - ostensibly to secure the "human rights" of women trapped in sexual slavery.

The terrible abuse and sexual exploitation of women and children trapped in prostitution have been a blight on our nation for many years. Why the urgency now to decriminalise the sex industry - a policy the overwhelming body of international evidence shows does not help women and children in prostitution?

The answer lies in the fact that this morally reprehensible, but lucrative trade in human flesh, stands to make crime syndicates, sex traffickers and corrupt officials millions of rands and underscores the point that legalised prostitution has nothing to do with the human rights of women and children - and all to do with the money it will generate for these human parasites.

Significantly, research drawn from nations such as Australia, New Zealand, Germany and the Netherlands shows that decriminalising or legalising prostitution does not improve or ensure the human rights and dignity of women and girls trapped in prostitution.

At the most basic level, an expansion of the sex industry in its current forms will be accompanied by increased incidences of violence.

Capetonians are being urged to have their say in whether adult prostitution should be decriminalised.

The call, by the Sex Worker Education and Advocacy Task Force (Sweat), follows the release by the South African Law Reform Commission (SALRC) of a discussion paper dealing with the legality of sex labour.

"The primary aim of the discussion paper is to consider the need for law reform in relation to adult prostitution, and to identify alternative policy and legislative responses that might regulate, prevent, deter or reduce prostitution," the SALRC said.

Sweat has urged the community to participate in the public comment process before the closing date of June 30.