The grisly discovery of six decomposing bodies of women believed to have been sex workers in downtown Johannesburgwerein Johannesburg downtown again highlighted the plight of sex workers and the acts of barbarism they are subjected to.
It is often said that sex work is the oldest “profession” since time immemorial. Nevertheless, it remains the line of work mostly frowned upon by the greater part of society. Sex work involves transactional sex between consenting adults in which cash is paid for sex. It should not be confused with human trafficking, where consent is never sought.
Though The sex industry is estimated to be worth $180 billion per annum, and is practiced by men and women of all races globally. In South Africa this trade is predominantly symbolised by the face of a black woman, often violently dispossessed of their money by police, brutalised by clients and raped by strangers.
Male sex workers and women from other races are normally spared the brutality and public humiliation. Every time a female sex worker is burnt to death or gang raped, the first call by South Africans is for sex work to be decriminalised.
Decriminalisation means sellers and buyers may not be arrested – but it still does not make this profession legal. The call for decriminalisation is predicated on disingenuity. It is largely made by lawmakers who cannot even distinguish between decriminalisation and legalisation.
The intention is to cushion those high-profile individuals who pay for sex when the sky goes dark. It is not so much to protect sex workers’ human rights.
Decriminalisation is not the panacea that sex workers are really looking for. It is only a palliative measure that still needs to be augmented by another relevant legislative framework.
It should also be noted that sex workers already have fundamental human rights enshrined in the Constitution by the mere virtue of being human. Chapter 2 of the Constitution protects their right to life and right to bodily and psychological integrity. Section 22 of the same chapter guarantees the right to trade and occupation.
With all these rights already enshrined in the Constitution, sex workers should not be subjected to the kind of butchering we read about on a daily basis. Therefore, I am justified to say the South African Human Rights Commission is guilty of dereliction of duty when it comes to the protection and promotion of sex workers’ human rights. This Chapter 9 institution should be embarking on roadshows, radio interviews, or similar media campaigns to teach society at large about the human rights just highlighted here.
From where I stand, decriminalisation is an unnecessary detour. We should be initiating and hosting starting conversations and public hearings about legalising sex work. The main focus should be the protection of human rights that sex workers are entitled to. We should not solely focus on enabling the state to dispense operating licences and collecting revenue from sex workers. The demand for sex services has triggered an ample supply for sex on our street corners and truck stops.
In the famous lyrics of Peter Tosh that fit appropriately in this context, “legalise it, don’t criticise it.”
- Hloni Nyetanyane is a community columnist.
