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EQUALITY MODEL BEST PROSTITUTION POLICY

Op-ed written by Nozizwe Madlala-Routledge was published on the Sunday Tribune on Sunday, May 19 2019

The trial of Philani Ntuli, the businessman accused of murdering 20 year old Siam Lee, was due to finally start on Thursday in Durban. As the defence was not ready it has been postponed once again. The full hearing is now due to take place at the end of July.

Lee was allegedly taken from a brothel masquerading as a massage parlour on the city’s Margaret Maytom Avenue by Ntuli in January last year. Following this he held her captive for more than a day at his home in Hillcrest, continued to beat her until she couldn’t move before setting her body on fire in a field in central KwaZulu-Natal. When she was found some hours later 90% of her body had been covered in burns. She was almost completely unrecognisable.

Ntuli is also charged with a litany of other charges related to Lee’s murder including robbery, reckless driving, failing to stop at the scene of an accident, fraud and unlawful possession of a firearm.

At a previous sitting, the court heard that in March 2016 Ntuli held another prostituted woman against her will at his home. He abused and raped her but she escaped. It is also alleged that he assaulted another woman, Lucky Mthembu, to whom he was engaged in 2015.

Most women who have survived the horrifically violent sex trade know the risk of violence even of murder – from a sex buyer is high. When a man pays for sex he often thinks he can do what he wants with you. There are few if any limits on his behaviour. Researchers have also found that male sex buyers are far more likely than other men to demonstrate a lack of empathy, to show traits of “hostile masculinity”, and are more likely to be violent – including a higher propensity to commit rape.

The South African Law Reform Commission (SALRC) recognises the high levels of violence within prostitution – and the clear inequality between the person paying for sex and the (usually) woman who is sold for it.  In 2017 issued a report supporting partial decriminalisation as one of two preferred options. This approach, also known as the Nordic or Equality Model, was pioneered by Sweden in 1999 and has since gained traction in Iceland, Norway, France, Northern Ireland, Canada, the Republic of Ireland and Israel.

Based on the principle of gender equality it decriminalises and mandates exiting services and support to prostituted women, while maintaining penalties on pimps, brothel-owners and sex buyers. This is the only approach which has widespread support from both women who have exited prostitution as well as mainstream feminist organisations.

Another alternative that pimps and brothel-owners openly support – total decriminalisation or legalisation – has not been endorsed by the SALRC because it fuels commercial sexual exploitation and sex trafficking.

We have seen Germany become a “giant Teutonic brothel” after it legalised all aspects of the sex trade in 2002. The University of Queensland found similar trends after ten years of legalised brothels in that part of Australia, where 90% of the sex trade continued to operate in the illegal sector. Following New Zealand’s decision to fully decriminalise the sex trade in 2003 very little has been done to stem the trend of children being trafficked into prostitution. Abuse is regularly concealed by the fact that activities such as pimping, brothel-keeping and buying sex are not regulated or monitored there. Former Prime Minister John Key has openly stated that he does not think the approach has worked.

Yet, despite the enormous evidence to the contrary our President Ramaphosa has still not rejected the failed experiment of full decriminalisation and come out in full support of the Equality Model, the only comprehensive policy in line with South Africa’s constitutional values of human dignity and gender equality.

My experience of working with survivors of prostitution has further convinced me that the Equality Model is the only solution that South Africa policymakers should consider. I hope to see our country respond to the SALRC report and become the first on this continent to enact a sex trade law that reflects the principles upon which our constitution is based.

Lee’s case has shocked South Africa. The graphic nature of the violence that she was forced to endure has woken even more of us up to the realities that prostituted women are forced to face. As survivor Mickey Meji says: “Prostituted women do not wake up one day and choose to be prostituted. Prostitution is chosen for us by our colonial past and apartheid, persistent structural inequalities, poverty, past sexual and physical abuse, the pimps who take advantage of us, and the men who pay to access our bodies for sexual gratification”.

The time has come for us to decide what future we want for ALL of South Africa’s women and girls.

Nozizwe Madlala-Routledge is a former deputy government minister and founder of Embrace Dignity, which works to end commercial sexual exploitation in South Africa.

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VERA QWESHA’S STORY: PROSTITUTION CANNOT BE CONSIDERED AS WORK

Having grown up in a racially segregated country like South Africa, it was somewhat challenging to offer sex services to people I was not familiar with. I used my body to be defiled by different men from all over the world for money. Those clients came in different shapes and sizes with different racial groups such as Asians,Indians,Whites and Blacks. They had different tastes and preferences some wanted very strange or odd services.
As I reflect on my experiences, I came to realisation that the sex industry is not as glamorous as it is projected by those who lure people into it. There is untold economic, emotional and physical strife that prostituted women experience. Clients treat  “sex workers” like objects and consequently ill-treat them badly. Entering prostitution is to slip from one world to another because I could see many girls losing all that they had because of drugs, some were brutally killed, raped and strangled and some died through drug overdose. The memories are always resurfacing for sometimes at night I would lie down and tears will be rolling on my cheeks thinking about the pain and the trauma of prostitution up to different scents and smells of all those clients and also a lack of self-worth. The journey I traversed was very thorny and I can never wish it for anyone. I may have come back alive but the scars run deep.
Prostitution undermines women’s rights to gender equality and dignity by commodifying the sex act and treating women as objects to be bought, sold and abused. All women in prostitution are marginalized and exploited, therefore prostitution cannot be considered as work as it is a structural economic and patriarchal form of violence against women. As a result of this most prostituted women always say that they would leave prostitution if given other options as they do not regard it as dignified and decent work. And all the “sex workers” who have indicated with a high level desire that they would be doing something else under different circumstances, women expressed the desire for skills development programmes, formal jobs and assistance in business start-ups.
Vera Qwesha is a former drug addict, survivor of prostitution and author of My Journey from Grass to Grace, her own autobiography. 
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NOKWANDA’S STORY: PROSTITUTION IS VIOLENCE AGAINST WOMEN

I do not want my children to follow up my footsteps.

I got into the system of prostitution when I was 13 years of age to assist my mother who was also at the time in the sex trade to raise my four younger siblings. Even though my mother was in the sex trade, life was not easy and we struggled a lot hence I had to also stepped in and assisted.

After my mom passed away, my life became so difficult that I ended up marrying a person who was a thief.  Being married to a criminal was not easy at all, that is what most of us women in prostitution are exposed to; eventually my husband was murdered leaving me with children to take care of.

This whole situation forced me to go back again to the street to sell my body in order to take care of my children. Prostitution has undermined my dignity so much that I am not even respected and I’m called names such as marhosha –  that what women who sell their bodies are called , sefebe – a whore etc in front of my children.

For most women in prostitution including myself, prostitution is not a free choice but a choice some of us had to make because of circumstances and those vary but in my case, it was poverty and seeing my mother doing it.

My mother was in the sex trade for many years yet she died having nothing and I came out of it empty handed hence because of this my siblings didn’t managed to finish school and our mother left us homeless, it is definitely not a future we can offer our girls as a profession.

The system of prostitution must end now; we need to deal with our poverty and to protect our dignity now. The life I live is not a life I’m proud of, we face many challenges in the streets with the buyers. They beat us, murder us and rape us and we are afraid of going to the police because they also do not take us serious.

I was not able to give my children a straight answer when they wanted to know where I work, to make matters worse they are all girls. I still would not be able to give anyone a straight answer even if prostitution is decriminalized tomorrow because it is not work to be proud of.

PROSTITUTION IS VIOLENCE AGAINST WOMEN.

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Poverty-stricken Nontando forced into prostitution

written by Thabo Tshelane, social media and communications coordinator at Embrace Dignity

When *Nontando (*not her real name) heard that Ntombovuyo Mtamo (a prostituted women) had died while sleeping on Voortrekker Road in Bellville she thought about her own life.

“I don’t have an ID and haven’t been home for ten years,” she says, referring to Umtata, Eastern Cape where she is originally from.

“I could die any day and who would make sure that my family knows about my death?”

Nontando was very young when she left home and started selling sexual acts to truck drivers because she needed money.

“It was 1998 when I started selling sexual acts in the streets. I was so poor. At home, when my grandmother passed way, there was nobody to look after us. My father also died and we were three sisters,” she says.

Nontando later left Umtata in the Eastern Cape for Cape Town where she continued selling sexual acts. She had to find a way to cope with her new life though.

“When I started sleeping with men for money I didn’t feel anything. I would drink a lot to numb the feeling and put it all off my mind,” she says.

“I was always drunk when I went to bed so that I could forget everything. Before I was in prostitution I wasn’t drinking at all.”

Nontando is still selling sexual acts today even though she wants to quit.

“I am thinking about leaving prostitution but I’m uneducated. I didn’t finish high school and it’s not easy for me to find a job. This is the only way that I’m able to put bread on the table,” she says.

As a prostituted woman, she also harbours a lot of shame.

“I didn’t tell my family that selling my body for money. It’s not a nice job. You don’t want to tell anyone that you are a “prostitute”.”

“I live in Nyanga with two other women who are also in prostitution. People make nasty comments about us when they see us.”

She faces the same abuse from buyers and has also been in fights with other prostituted persons when drunk.

“If there were issues or arguments then it comes up especially when we are drunk. There are usually misunderstandings on the streets.”

In the last few years, she says, her earnings have dropped considerably.

“Money has also become scarce. Sometimes I make only R200 a weekend and see two or three buyers. What I used to make sleeping with truck drivers in a day I can’t even make now.”

“You end up selling your body for any money that comes your way, instead of going home with nothing. But it’s exhausting. Sometimes when you get into bed you want to sleep forever.”

Many prostituted women are also severely disrespected by buyers.

“Buyers have robbed me and stripped me of everything I have. Some buyers have raped me and others beat me. When you enter a car you don’t know if you will come back alive or not,” says Nontando.

The disrespect she suffers at the hands of buyers are further compounded by how she is treated by the police.

“When you say you have been raped, they [the police] ask how have you been raped if you are sleeping with everybody. It’s better not to go to the police. Even if you go, there is no assistance. The police would laugh at you and mock you when you need help. They would say, ‘Go back to the streets, you are a “prostitute”’.”

Romantic relationships with men, she says, are also near impossible when you sell sexual acts.

“It’s better not to tell your boyfriend you’re in sex trade. I would lose my dignity and he would look at me differently. So I prefer that he doesn’t know.”

“But guys find out so it’s difficult to have a relationship. You rather leave before the guy finds out what you’re doing.”

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INFO FACTS SHEETS ON PROSTITUTION

We advocate for partial decriminalisation – or the Equality Model – wherein the sellers are decriminalised and offered a way out of the system through comprehensive exit programs, and the buyers and third parties are criminalised: INFO FACT SHEET – OUR POSITION

Current Legal Framework on prostitution in SA: INFO FACT SHEET – LEGAL FRAMEWORKS

The system of prostitution places people exploited within it at high risk of HIV/AIDS infection. It is indisputable that total criminalisation – South Africa’s legal model regarding prostitution – worsens the position and compromises the safety of those vulnerable to infection in a number of ways: INFO FACT SHEET – HIV AIDS

There are a number of harms faced by prostituted people given South Africa’s current legislative Framework: INFO FACT SHEET – HARMS

Social, economic, political, cultural and legal factors place vulnerable people in a position where prostitution is the only option available for survival, therefore significantly decreasing chances of not only preventing entry, but exiting the system too: INFO FACT SHEET – EXIT

The Equality Law was first introduced in Sweden in 1999 and has been shown to be highly effective in reducing demand for prostitution and making the country in question a more hostile destination for traffickers:INFO FACT SHEET – EQUALITY MODEL

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Embrace Dignity marching to Parliament on 26 April to end prostitution through Equality Law

On Wednesday, 26 April, a day before South Africans across the country will celebrate Freedom Day, Embrace Dignity will march to Parliament to deliver a petition to President Jacob Zuma to demand freedom for those still enslaved through prostitution and sex trafficking in this country.

Dubbed the #NoFreeChoiceMeansNoFreedom march, the organisers will hand over a petition that calls on the President to release the South African Law Reform Commission’s (SALRC) final report on Adult Prostitution and enact the Equality Law to end prostitution and sex trafficking in South Africa.

The purpose of the march is to hand over a signed petition and memorandum calling on President Zuma to enact a law that will prevent the oppression of prostituted persons by:

  • Making it a criminal offence to pay a person for sexual acts.
  • Completely decriminalising the sale of sexual acts and providing comprehensive support and services to help survivors exit.
  • Challenging the belief that it is acceptable to treat women and girls as sexual objects by paying them for sexual acts.

But why exactly are we so adamant that the President does this? The answer is simple.

Over the past 20 years, rates of sexual violence have increased in the country. Prostitution is one of the most brutal forms of sexual abuse, which is founded on and perpetuated by patriarchy (systematic unequal power relations between women and men whereby women are systematically disadvantaged and oppressed). Prostitution thrives on men’s sexual entitlement to women and other marginalised groups’ bodies. Current South African law makes the purchase and sale of sexual acts illegal. However, while some police officers are known to arrest and brutalise prostituted persons for loitering, buyers are rarely arrested. The overwhelming majority of those sold in South Africa’s sex trade are South African women and women trafficked from other countries. Reports indicate that prostituted people are beaten, raped, abandoned and isolated. Post-traumatic stress disorder (PTSD) is common. One study found that 75% of a group of prostituted individuals in South Africa reported experiencing symptoms of PTSD.

In light of the need to address the harms of the sex trade, the South African Law Reform Commission published a Discussion Paper on Adult Prostitution and issued a call for public participation in the evaluation of the country’s law on “adult prostitution”. The Commission evaluated four major legal frameworks and submitted the final report and recommendations to the Minister of Justice who will publish the report after its consideration by the Cabinet.

We are calling on the South African government to enact the fourth legal option or the Equality Law model, also known as the Swedish or Nordic Models. The Equality Law model provides a framework that upholds gender equality and human rights. This model works to end demand for paid sexual acts by holding those who purchase sex accountable for the harm they cause. This model also mandates that the government provide prostituted individuals with comprehensive medical services, economic and educational opportunities, and alternative livelihood programmes.

In addition, it will serve as a tool to change the pervasive cultural paradigm that views women and other marginalised bodies as second-class citizens. This option would also provide an effective and comprehensive framework for combatting the spread of HIV/AIDS through targeting and eliminating the demand.

By enacting the Equality Law model, the South African government will affirm that women, girls and marginalised people are full human beings and not commodities to be bought, sold, abused and violated at the will of exploiters and those who purchase sex. We urge the South African government to affirm that women and girls are full human beings and not commodities to be bought, sold, abused and violated at the will of exploiters and those who purchase sex.

South Africa must NOT legalise or decriminalise the sex trade that destroys the lives and human rights of its most vulnerable populations who have absence of choice. We urge South Africa to become the first African country to adopt a law that will solely decriminalise prostituted people and curb the demand for prostitution.

If you believe in our cause, you can join as in person at the march:

WHEN: Wednesday, 26 April 2017
TIME: 10:00 – 14:00
WHERE: Cape Town CBD, starting from Keizersgracht Street parking lot, below CPUT

If you can’t join us in person on the day, you can still show your support for Embrace Dignity – who is supported in its endeavours by the international organisation, Coalition Against Trafficking in Women – by signing our petition urgently calling on President Zuma and the South African government to enact the Equality Model legislation that will target the exploiters, including those who purchase sex, while providing protection and support to prostituted individuals.

MAKE YOUR VOICE HEARD BY SIGNING OUR PETITION ONLINE.

Most importantly, remember to follow us on Twitter and to tag us by using our main hashtag #NoFreeChoiceMeansNoFreedom and any of the other hashtags: #ProstitutionIsOppression, #EndProstitution, #EqualityLaw and #Nordic Law.  You are also welcome to follow all the live action on Facebook by liking our page.

If you want to know more about our NGO, click here.

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