THE LEGALIZATION OF AS A FUNDAMENTAL HUMAN RIGHTS THE CASE STUDY OF KABALAGALA

SUBMITTED BY

VICTORIA ADA GARILLE

LLD/19426n2/DF

A RESEARCH PROPOSAL SUBMITTED IN FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF DIPLOMA IN LAW- INTERNATIONAL UNIVERSITY (KIU)

JULY, 2009 THE LEGAUZA TION OF PROSTITUTION AS FUNDAMENTAL HUMAN RIGHTS THE CASE STUDY OF KABALAGALA

SUBMITTED BY

VICTORIA ADA GARILLE

Of

KAMPALA INTERNATIONAL UNIVERSITY

A RESEARCH PROPOSAL SUBMITTED IN FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF DIPLOMA IN LAW- KAMPALA INTERNATIONAL UNIVERSITY (KIU)

July, 2009 TABLE OF CONTENTS

0.1 Acknowledgment ...... 1V

0.2 Declaration ...... V

0.3 Abbreviation ...... IV

0.4 List of cases and non English terms ...... IIV

0.5 List of national and intemationai...... IIIV

CAPTER 1

1.0 Topic ...... 1

1.1 An overview ...... 1

1.2 Introduction ...... 2

A. Assessing the literature on prostitution as fundamental rights ...... 5

B. Theorizing prostitution as human right practice or abuse of rights ...... 5

C. Prostitution trends and patterns ...... 6

D. Methods of conducting the research ...... 7

E. Ethical consideration ...... 9

1.3 Statement to the problem ...... 10

1.4 Objectives of the study ...... 11

CHAPTER2

THE HISTORICAL BACKGROUNG OF PROSTITUTION IN

2.0 Paradoxes of Prostitution as human rights ...... 13 2.1 Malya and Malaika ...... 13

2.2 The impact of poverty on women ...... 14

2.3 Victim Vs Swvivors ...... 17.

2.4 Class differences in prostitution as fundamental rights ...... 18

2.5 Globalization ...... 19

CHAPTER3

THE LAW RELATING TO PROSTITUTION AND ITS PRACTICE IN UGANDA

3.1 The law on prostitution on Uganda ...... 21

3.2 The practice of ...... 22

3.3 What is supposed to be- my thinking ...... 23

CHAPTER4

4.1 Prostitution in other Parts of Africa ...... 25

4.2 Prostitution in Senegal ...... 27

4.3 Prostitution in ...... 28

4.4 Prostitution in Eritrea ...... 28

ii CHAPTERS

ANALYSIS OF THE LAW RELATING TO THE RIGHTS OF THE PROSTITUTE AND FREEDOM FROM

PUBLIC HARRASMENT and ARREST: THE THEORY AND PRACTICE

5.0 Introduction ...... 29

5.2 The international and national safeguards and fundamental rights of

prostitute ...... 31

5.3 Physical condition ...... 32

CHAPTER 5

CONCLUDING REMARKS AND RECOMMENDATION

6.1 To the Policy Makers (parliament/Government

6.2 To the Church institutions and Media

6.3 To the women's activists and NGO's

6.4 Weather prostitution is fundamental rights should be legalized

6.5 To the sex worker or prostitute

iii DOCUMENTATION

1

New Vision, November 19,2007

2 Government bans prostitutes' meeting that the government will not allow

planned prostitutes' workshop to take place, the Ethics and Integrity Minister

Dr. James Nsamba Butnro has said, The Monitor November 15, 2007 ACKNOWLEDGEMENT

I appreciate the fact that I now have an opportunity to investigate and examine the state of prostitution in Uganda, using the case of Kabalagala where I have lived for many years and witnessed a number of cases.

I hope that this research or study of mine will contribute to solving the problem of , not only in Uganda but in other parts of the world that have been experiencing similar problem.

I would like to thank a group of people that were of much help in bringing this work into accomplishment. In this juncture I would like to extend my appreciation to my parents Mrs. Loice Fu'da Richard and late Mr. Richard Garille Yilu (Tu'bungwo )who did not live to see me accomplish for granting me with life, encouragement, education and physical wellbeing and other service rendered to me. My appreciation goes to my relatives, brothers and sisters, friends for encouraging me throughout the difficult times, above all my sincere thanks goes to Mr. Kaunda Daniel availing me with typing facility.

My sincerely thanks goes to my husband Dr Richard Mulla Who has been my scholarship provider (donor), encourager, since 1991 to date without him I could not reach so far. May God almighty protect you so that I may accomplish my degree program me, not forgetting my children, (Ester, Agiba, Sarah, Jodi, Kebi and Yilu) my dependence, you are my daily reference of encouragement.

Nevertheless, I would like to single out for special mention Dr. Sylvia Tamale, former Dean, Faculty of Law Makerere University. Foundation for Human Rights Initiative, Uganda Human Rights Commission, Federation of women lawyers in Uganda, the Uganda Prison, Uganda Police, Kampala International University Library, Sexual workers of Kabalagala.

I cannot forget to thank my supervisor Mr. Kagwa David who is the Head of Department for being (approachable) so understanding, simple despite of tight legal timetable and his other programs, the Uganda police( Kabala gala and central Police Station) for their advice for being cooperative and each and every one that accepted to give me information.

May the lord God bless you all.

iv 02 DECLARATIONS

I VICTORIA ADA GARILLE do here by declare that any word submitted in this research paper is my own and sole production through a result of my own work; researched to this purpose that it has never been and is not been submitted to any university for diploma in any university.

Signed ......

Dated ......

Supervisor ......

Date ......

v 03 ABBREVIATIONS

LDC ...... Law Development Centre

FIDA-U ...... Federation of women lawyers in Uganda

UDHR ...... Universal Declaration on Human Rights

ICCPR ...... International Covenant on civil and political rights

AIDS ...... Acquired Immunodeficiency Syndrome

HIV ...... Human Immunodeficiency Virus

CEDAW ...... Convention on the elimination of all forms of

Discrimination against women

STD ...... Sexual transmitted diseases

vi 0.4 List of cases and non English terms

LIST OF CASES if any

The New Vision, November 19, 2007

The Monitor November 15, 2007

NON ENGLISH TERMS

Kepepeo Butterfly

Gomesi Traditional female outfit

Lukiiko Parliament

Malaya Prostitute, Whore, Slut

Kaba/agala Area in Makindeye Zone in Kampala

vii 0.5list of national and international

LIST or REFERENCE OF NATIONAL /INTERNATIONAL INSTRUMENT

-The

-The prison act cap 304

-The United covenant against torture cruel and other human and degrading treatment

-The international covenant on cultural civil and political rights (ICCPR)

- The Penal Code A

viii CAPTER 1

THE LEGAUZA TION OF PROSTITUTION AS FUNDAMENTAL HUMAN RIGHTS

Prostitution is trafficking in human being - especially women that flourish where opportunities to

improve their standard located, they are being exploited in their commercial sex industry, being

penalized for the act for seven years conviction yet the law protects male counterpart un-punished.

1.1 An overview

This study dealt with the question of the right of prostitution and little light on prostitution arrest and

Harassment. The infringes on presumption of innocence and the right to privacy as provided for by

the 1995 constitution of the Republic of Uganda and other incidental rights thereto1

It was intended primarily to critical analyze the legal framework, and safeguard seeking to offer to

the Prostitute/accused litigant, the extent to which the right has to be realized in Uganda in light of

he Socio-economic and Political circumstances prevalent in the country.

Furthermore, substantially and analytically unearthed the weakness and strengths underpinning

Section 13822 and 139 of penal code criminalized the act; the right of prostitute had been

included in article 20, 21, 27 of constitution of Uganda covers the rights of prostitute too3.

1 Art 20 (2} provided for the right and freedom of individual and groups enshrined in this chapter shall be respected, upheld and promoted by all organs and agencies of government and by all persons.

2 . The penal code art 138 defined the prostitute as any person who, in public or elsewhere, regularly or habitually holds himself of herself out as available for sexual intercourse or other sexual gratification for monetary or other material gain and prostitution shall be construed accordingly

3 Article 20 Sec (1 )of the Uganda Constitution of 1995 provided for the fundamental rights of the individual are inherent and not granted by the state. 1.2 Introduction

Under Ugandan law, prostitution is illegal and has to be panelized by criminal law when found

Guilty4. This institution is not mentioned anywhere in the constitution with intention of forcing the

practice out of the society5. There has been several arrests of the commercial sex workers and

they are taken to courts and being penalized for different offences e.g Idle and disorderly, or being

Rouges and Vagabond. The penalty for the illegal practice of this act imprisoned the victim up to

seven years conviction while her client (men) is not been charged. Focusing on female prostitute,

thousands of women and young girls unfortunately, it has to be noted that number of prostitutions

in our streets has risen dramatically, due to a set of complex economic, social and cultural reasons.

The majority of prostitutes are drawn into prostitution by the hope of obtaining sufficient means for looking after themselves and families as a decision to abandon their situations of poverty.

In this case, sexual exploitation of women is a consequence of various unjust systems that are found in our society. The victim of prostitution is human beings, who in many cases cry out for help from state to be freed from slavery, because selling one's own body on the street is not what they voluntarily chose to do.

Section 167-1 of the Penal Code Act stated that any person who being a prostitute, behaves in a disorderly or indecent manner in any public place. Or in any public place solicits or loiters for immoral purpose.

4 Article 27 of the constitution of Uganda provided for the rights of no person shall be subject to interference t the orivacv ot m::r person's home s Section 138 of the penal code defines the prostitute as any person who, in public or else where, regularly or habitually hold himself or herself out as available for sexual intercourse or other sexual gratification for monetary or other material gain and prostitute shall be construed accordingly.

2 Section 168 of the Penal Code Act, any person found wondering in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose, shall be deemed to be a rogue and vagabond, and commits a misdemeanor and is liable for the first offence to imprisonment for six months, and for every subsequent offence to imprisonment for one year.

Of course each person has a different story to tell, but a common thread of violence, abuse and low Self- esteem, as well as fear and lack of opportunities, runs through them

Getting the right attitude towards money in exchange of love

I like money,

/love i~

I use i~

I use it wisely,

Constructively, and

Judiciously,

Money constantly circulating in my life, and

I realize it with joy, and

It returns to me multiplied in a wonderful way,

It is good and very good,

Money flows to me in avalanches of abundances,

I used it for good only, and I am grateful for my good and for riches of my mind. (Maureen Nakata)

3 As a symbol, money has taken many forms throughout the centuries almost anything you can think of has served as money at times and place in history, gold and silver as well as various kinds.

Therefore, due to the economic hardship, Prostitute expected to be leading rich and happy life too radiant and free through exercising their fundamental right of indulging in the loveless sex work6, In order to achieve that one has to go an extra mile of breaking the silence of selling her body in exchange of money and their major client are tourist that visits this country or business tycoon that their HIVIAIDS status is not determine.

Lack of jobs that may provide a decent living standard for prostitute and their families in accordance with the provision of the present contributed to the practice. Poor sanitation, Safe water for the marginalized and health facility played another factor.

Lack of job opportunity, or capitals for self employment provisions for human resources e.g

University produces graduates annually in great numbers and they languish without a job in the market. Despite the fact that the government provides free universal primary education yet some children could not manage to be in class, such poor class of people/ girl end up in early marriage if not, practicing sex work in search of money?. The assumption of early responsibility of being bread winner to other young ones has been the circumstance evidence in my interview with my participants.

6 Neil Slammer, Human Rights and power in political studies, XLI,?0-82 (1993)

7 Quote from Dr. Pat McFaddem, writer from the Kenya National Commission on Human Rights

4 A. Assessing the literature on prostitution as fundamental rights

The issues that dominated scholarship and debate around the phenomenon of prostitute vary across time, space and cultural tradition. Others view it as a curse yet the contemporary literature on the subject reveals the depth and breadth of complexities controversies surrounding this phenomenon. The discussions are entangled with concepts such as choices, violence, agency,

Labour, identity, disease exploitation, discrimination, immigration, colonialism, globalization, pleasure, tourism etc. these literature covers adult female sex work and is divided into three thematic sub-section to reflect the main trends of the debate. I consider the theoretical scholarship that relates to sex work, next I summarized the trend and emerge from studies on sex work around the world and lastly I tackle the scholarship pertaining to issue of law, policy and human rights on the subject matters.

B. Theorizing prostitution as human right practice or abuse of rights

The phenomenon of female prostitution has since the 1960s been a source of fierce controversy even among feminist thinkers. The theoretical literature on prostitution is mostly grounded in feminist interpretations of gender and sexuality and moral be divided into two e.g. of in which views prostitution as part and parcel of the gender based violence continuum and is opposed to it. They condemn it uncompromisingly, slavery, equating and any other forms of social oppression.

Lastly the school of thought perceives prostitution as legitimate labor/work and argues for its recognition by drawing a distinction between voluntary adult sex work and or trafficking. Against prostitution, holding the position that is a manifestation of the exploitation of women's vulnerability, they find out that sex work fundamentally objectionable because it involves women's subordination by commercializing male access to female bodies, sex work institutionalize women's sexual subordinate and co modification.

5 Many forms of non-sex-work are extremely exploitive.... Garment workers in Mexico are paid below - subsistence wages that leave them unable to provide appropriate nutrition or healthcare for themselves and their families ..... Yet advocates for those women believe that the state and organization labour must act to improve work condition, raise wages, and give workers grater power within mankind-making processes.

They do not call for the abolition of these specific types of employment. Why do so in the case of sex worker? Negotiating the contradictory norms of male and female sexuality is diff difficult for all women.

On the one hand, the commercial environment and sexual norms in general tell us that all women's sexuality is for sale; yet when women sell sex, they are socially stigmatized and legally persecuted... labeling certain women as whose fundamental to upholding the status of decent women or, as sexually pure while obscuring the perception that all women's sexuality is for sale.

However, analyzing the phenomenon through a human rights framework of labour, rights provides a negotiable position that strengthens the legal interventions to protect women that in the sex trade.

C. Prostitution trends and patterns

From the research I explored to know reasons behind involvement of the prostitution in the act my research showed that some explanation located the determination within the sex worker such as personal psycho- social, emphasizing perceived instability in the women's personality.

6 Critics argued that reason for sex workers entry into the commercial sex lie within the wider and

more complex socio-economic contexts such as global poverty and structural inequality. The

underside of global capitalist system is increasing poverty, unemployment, inequality,

marginalization and deprivation, with an apparent trend of driving more women into the sex trade.

In Uganda, some of reasons attributed to women's entry into the world of sex include poverty, the

disintegrations of the tradition Africa Family, domestic violence, orphaning, peer pressure, armed

conflict, sexual violence and premarital pregnancies( see slum Aid Project)8

The bulk research on the topic begins from the premise the objectify women that engaged in sex

work, portraying them as helpless victims and denying them any forms of agency. This research

identify sex worker among the so-called high risk population in the spread of HIV, the studies also

reveal a pattern, which matches the emergence of HIV/AIDS with a corresponding increase in

government surveillance of female commercial sex work. The overall effect of such literature is to

increase the stigma attached to the trade, strengthening the justification and advocacy for outlawing the practice's that is a problem.

D. Methods of conducting the research

Approach

Data collection and analysis of this study was preliminary guide by feminist method of research, which foreground the experience of prostitution/sex workers as well as the meanings and

8 Uganda AIDS Commission, the Uganda H!V/A!DS Status Report, July 2004- December 2005, (March 2006 at p.4.

7 interpretations attached to these experience. Thus although quantitative methods were employed

(e.g. in the drinking place at night, salons and have meeting during day hours}. Qualitative

research techniques of none participant observation, in informal interviews.

It was particularly important to use methods that examine socio-political process and allow for

linkages between women's sexuality power control as I took keen interest to avoid hierarchical

presentations of knowledge about their live experiences, I devoted considerable space to the

actual voices of people affected, by sex as part of knowledge-creation process in this research

study.

Placing it within human rights framework promises to unravel some of the hidden, complex issues regarding women's sexuality. Hence throughout this study, i employed the method of "women's law which seek to understand and appreciate women's legal position within the framework of their live experience. On my visit to two police stations (Kabalagala and Central Police Station} I could not trace or find any record that indicates arrest of sex worker in town, but they advised me on how to approach them prostitute when I am conducting the interview to use male counterpart. 'Through friends I managed to meet and interview about thirteen sex worker of Kabalagala, among them were three male that had interacted with the service of sex worker, furthermore, I visited many legal libraries e.g Foundation For Human Rights Initiative, FIDA -Uganda, Human right commission, Kampala international University, and interacted with male and female magistrates while in Nakawa Court for my clerkship. This method enabled me to gain useful insight into the live experiences of sex workers.

8 Recurring concepts that emerged from the data were identified and patterns noted. As analysis and data collection progressed, questions became more focused, seeking more in depth understanding of their meaning from interviewers.

Prostitution is wrong in itself. It is an assault on the dignity of the human person, on the respect that is due to the human body and the reverence due to sexuality. In a special way, prostitution deprived women of their dignity and of the call they have received to foster life.

In the eyes of the customers, women are assumed to be of interest only as desirable bodies, to be possessed for male sexual pleasure. Women are therefore looked at as "selling products" and they are treated like object of pleasure when all possible measure were taken to treat interviewers with utmost respect and total confidently, some interviewers fail to identify themselves in the questioner paper, but others do not mind.

You have the best chance for a satisfying marriage if your partner naturally has similar or

Complementary encounters, her body moves in and out of the various roles that she fulfills.

Indeed the phenomenon of shifting identities that most women are familiar with (from mother to wife to career women) apply to sex workers in similar way the boundaries of personal ethics and morality that they drew for themselves consist their consist their self-actualization

E. Ethical consideration

Prostitution is wrong in itself. It is an assault on the dignity of the human person, on the respect that is due to the human body and the reverence due to sexuality. In a special way, prostitution deprived women of their dignity and of the call they have received to foster life.

9 In the eyes of the customers, women are assumed to be of interest only as desirable bodies, to be

possessed for male sexual pleasure. Women are therefore looked at as "selling products" and they

are treated like object of pleasure when all possible measure were taken to treat interviewers with

utmost respect and total confidently, some interviewers fail to identify themselves in the

questioner paper, but others does not mind.

You have the best chance for a satisfying marriage if your partner naturally has similar or

Complementary encounters, her body moves in and out of the various roles that she fulfills.

Indeed the phenomenon of shifting identities that most women are familiar with (from mother to

wife to career women) apply to sex workers in similar way the boundaries of personal ethics and

morality that they drew for themselves insist their self-actualization

1.3 Statement to the problem

Though prostitution is seen as exchange of sex for money gain, the law on prostitution clearly demonstrates the double standards that are employed in sexuality morals for men and women.

How and whose interest does it serve and to what extend? And how does the commercialization of sex affect gender, power relations in Uganda? In order to address these important questions, it is important to remove the "mystery veil" from the face of sexuality and analyze the gender, power issue underlining the offence of Prostitution.

The summering of the 2001 status of women according of the Beijing on the implementations of

Beijing platform for action in the Africa region has been slow a combination of factors such as economic decline, political instability, conflict and lack of adequate institutional

10 mechanism for mainstreaming gender and devastating Impact of the HIV/AID pandemic economically.

Approximately 44/ of Africa population, the majority are Women currently living below the poverty line of USD$ 39 capital per month4. With lack of resources such as land, capital, technology, water and adequate food, Macro or Micro-economic policies.

The level of poverty has increased in the last eight years and has impacted more negatively on women as result of mounting and constant misuse and misappropriation of government resources , thus Government has not to tum a blind eye on the economic reforms without proper cushioning measures in place to protect vulnerable group in their countries, This has contributed or the increased disempowerment of women.

Africa's regional average representation of women in national legislative assemblies stands at 11% reflecting little progress in achieving the 30% target of women in decision - making positions set by the UN economic and social council.

in

can be

is

There is need for that Massive concentration required for civil and political rights in order to validate economic and social rights or else give clear primacy to civil and political rights.

1.4 Objectives of the study

1. To map - out the historical and cultural roles of prostitute.

1 1 2. To critical examine prostitution within a labour/human rights framework.

3. To draw conclusions and formulate recommendations for the addressing the issue of

prostitution in Uganda

4. To critical examine the illegality of the practice for to the both female and male within

human right framework, and whether it should be legalized.

5. The understanding of Human rights in their social context.

6. Search to The origin and source of human rights in morality.?. Unrecognized regulates that

capitalist market produces as inequalities wealth and opportunities

12 CHAPTER2

THE HISTORICAl BACKGROUNG OF PROSTITUTION IN UGANDA

Paradoxes of Prostitution as human rights

Our experience with these issues in moral philosophy indicates that their prominence in literature

is directly proportional to both their difficulty and their importance. Furthermore, theories of right

must develop theorists of the person, and articulate those into an account of the right of fetuses,

infants, the elderly the comatose the mentality and other living things like trees and animal.

2.1 Malya and Malaika

For a prostitute to be fit to practice prostitution one has to be emotional and physical fit, it's Erotic

sexuality is constructed as a private issue and is shrouded in secrecy and taboos hence when it is

the peddled in the public realm as work it throw challenges to the hetero - normative notion of sex,

gender and sexuality, because the same clients during the day say one thing and at nights they

come for the service.

Even if married partners requires acceptance of some frustration and sacrifices. No one ever has

everything he or she need in a partner, certainly not over any significant length of time16.

Successful marriage is built on the notion that you can live well without harming everything: that a good life requires some trade- offs, the acceptance of some disappointment and sacrifice.

However, sacrifice cannot ask more of us than one can tolerate and it must provide us on balance.

Since commercial love is not conditional: love is not enough for successful marriage until both partners testify that they found more suitable soul-mate that marches married couples, The sexual

13 revofution has made great sex easier than ever. The media circus is in bed with you and its sabotaging your marriage. Love is a dirty played on us to achieve the continuation of the species.

2.2 The impact of poverty on women

The confusion over gender role expectation is a mutual feeling of insufficient appreciation and the unresolved resentment between spouses are killing Many Marriages, this is because the female Is meant to be married off and her dowry is used for improving their family yet the male child is supported in education. Due to the lack of proper education Women make up only 35% of the waged employment in Uganda and occupy the least-ranking and least -paying jobs9.

Sex workers put on a strategic performance, much like stage actresses to achieve a specific goal.

The problem in long term marriage is that in order for passion to be Sustain over time, The spouses have to remain positively connected otherwise in most cases it has led to less hope for having sex.

In Uganda, like elsewhere in the continent, active sexual lives and having multiple partners is centre in the social repertoire that makes up a powerful man that transact in the business of sex.

Yet the relations of power within the Ugandan gender systems are not always adhered to the entire duration of commercial sex encounters. The power dynamics are somewhat destabilized in the face of a non-passive partner whose profession involved displaying sexual powers and expertise.

9 Action for Development AGFODE), I the analogous preposition that a loveless marriage no different from prostitution is not new. Kant German Philosopher argued that marriage amount to a lease of the wife's sex organ (quoted in Bresler op.cit at 55)

14 The leverage begins to kick in the reverse direction during price negotiations and the actual sec

which are already largely structured by the female sex worker10.The "customer are people with

deeply rooted problems in a certain sense are also slaves. In social and personal relations such

people experience a loss of power and masculinity are unable to develop relations of mutual

respect. These men seek out prostitution for an experience of total domination and control over a

woman only for a short period of time.

Buying sex does not resolve the problems that arise primarily from frustration and lack of authentic

relationships, loneliness that characterizes so many life situations. Love is not enough for any

successful marriage, because nearly all marriages even happy one's are mistakes: in the sense that almost certainly (in a more perfect word, or are with a little more care in this very imperfect one) both partners might be found more suitable mates but the real soul-mate is the one you are

actually married to most men are emotionally weak and they come to us for TLC (tender loving care). They can talk, talk and go on about their personal lives, cry like babied .... We offer a listening ear and comfort them then they go back to their bickering wives. So, you can see that malayas do in fact stabilize marriages. That is a service that we offer but society overlooks it11.

The confusion over gender role expectation is a mutual feeling of insufficient appreciation and the unresolved resentment between spouses are killing Many Marriages, this is because the female Is meant to be married off and her dowry is used for improving their family yet the male

w .Elizabeth Plumridge, Jane Chetwynd and A Reed. control and in commercial sex: ci!em prosoew;~ (sociology of health and illness) 19 (2): 228-2431997).

11 tSamali aged 24-30 in page 23)of Sylvia Tamale's law, sexuality and subversion in Uganda assigns men the "public" productive, roles in the political and market sphere while the "private" reproductive role within the home and family are assigned to women.

15 child is supported in education. Due to the lack of proper education Women make up only 35% of

the waged employment in Uganda and occupy the least-ranking and least -paying jobs.

Sex workers put on a strategic performance, much like stage actresses to achieve a specific goal.

The problem in long term marriage is that in order for passion to be Sustain over time, The

spouses have to remain positively connected otherwise in most cases it has led to less hope- for

having sex.

In Uganda, like elsewhere in the continent, active sexual lives and having multiple partners is centre in the social repertoire that makes up a powerful man that transact in the business of sex.

Yet the relations of power within the Ugandan gender systems are not always adhered to the entire duration of commercial sex encounters. The power dynamics are somewhat destabilized in the face of a non-passive partner whose profession involved displaying sexual powers and expertise.

The "customer" are people with deeply rooted problems in a certain sense are also slaves. In social and personal relations such people experience a loss of power and masculinity are unable to develop relations of mutual respect. These men seek out prostitution for an experience of total domination and control over a woman only for a short period of time available to the decision makings. 12

Despite the problems associated with sex work, it offers relatively lucrative alternative to the low­ skilled jobs that these women would otherwise qualify for. The interviewer comments stress that stigma and violation of rights that criminalized rendered to commercial sex work.

12 JORDAN J PAUST from Human right quarterly august 1995 mentioned

16 2.3 Victim Vs Survivors

We have seen in the proceeding section, how the gender/power relations that exist in the ordinary

Uganda women's day to day lives slide in and out of the sex worker/client relationship.

Criminalizing of the trade increases the vulnerability of women that engage in it multifold. Sex

workers in this study narrated their experiences of violence at the hands of client and potential

clients as street work are the most vulnerable to abuse:

Some customers pay us to sleep with dogs, particularly the white people. Their dogs are trained and it can sleep with women. (Amina)

I have all the necessity and my father avails me with them but I fill its important to adventure, in the process I came across agent of darkness that took me to ocean and ordered me to be initiated to his company(Naganda mariam)

On globalization had got a friend whom I served here and then collected my number while traveling to Dubai. He then invited me and gave me his wrong contacts I traveled to Dubai but no one received me it is through efforts of other Ugandan I managed to come back.( Sylvia Nakanyike)

Prostitution does injury to the dignity of the person who engages in it, reducing the person to an instrument of sexual pleasure with loveless sexual commitments. Love brings great beauty into our human experience and we are impoverished when this beauty is brutalized and abused.

Prostitution is form of brutalizing of sex; it cannot be described as love. Casual and loveless sex leads both the women and men to lose their dignity and to fall prey to passion and sheer sexual pleasure.

17 Prostitution like pornography places sex in a context of hopelessness, of exploitation, taking

without giving, of pleasure without commitment. It associates sex with male domination of women

and lack of respect and care. One of the most effective ways that sex worker cope with the difficult

condition under which they work is by distinguishing, both conceptually and particular practically,

the material body from the symbolic social space that their bodies occupy when they are working.

Prostitute is more than an economic activity; it is a lifestyle that offer a social network in a ucriminal

subculture" people that engage in commercial sex often look out for each other and form alliance

with other social outcasts such as street homeless people and operators. Therefore such network

is crucial given the social vulnerability of most sex workers occasioned by issue such as poverty, to

all forms of violence, lack of access to health care etc.

2.4 Class differences in prostitution as fundamental rights

The one single highest employer in Kabalagala slum commonly is bars, lodges small food business for trans-night activities; loud music and noises field the air of Kabalagala centre. The dwellers of

Kabalagala are depending on little income from bar attendant employment. In an interview with one of the sex worker, she boasted acknowledging prostitution and narrated how prostitute managed to educate and bring their children, pulled her from rags to riches.

A right to do wrong of human dignity personal activity and desire prostitute lack the conception of dignified moral autonomy on which such discriminations of interest might be based. the attribution of rights to individuals is an act of faith in the agency and capacity for moral thinking of each of those individuals. Right involve choices and their exercise requires the agent to

18 select which of number of options he would like to realize in his life and in his dealing

with other of course right may be abused, and indeed a right may be exercised wrongly.

This study reveals that an extreme variegated works of sex work that range from twelve years old

selling sex on the street to a very sophisticated set up of call girls, charging hundreds of dollars.

High class prostitute operates from bars, hotels and their homes are protected from police

harassment, abuse and violence and they provide escort of service to rich men who telephone her

whenever they need her service. Yet the street prostitute working in slum areas face the wrath of

police brutality and the law.

I described sex worker as disease- hidden, single mothers emanating from broken families. The

stereotype that paints the prostituted as poor, illiterate, non-skilled women simply disregards the

power and complexities associated with the profession. (The 2002 study conducted by the non­ governmental organization, the slum aid project)

2.5 Globalization

An unemployment became one of the source of prostitution, drinking joints phenomenon has its

root in the jobless and lack of sources for income assistance to many Kabalagala's, the situation surrounding lack of job and idleness among the youth contributes to the prosperity of the

prostitution sector.

The Ugandan sex worker has certainly felt the impact of globalization in their work- diversification of opportunity and the redefinition of women's sexuality by powerful conservative forces. There is improvement in the communication system in a globalize world such that there is wider market opportunity for sex trade.

19 However an African sex worker remain in a foreign lands a vulnerable to gender, racial violence

from their male client and law enforcement officers, Indeed, the expanding space for commercial

sex work trade in Uganda occasioned by increasing tourism, hotel facilities.

Despite the fact that the sex work is criminalized, but sex worker organizations such as the lady

Mermaid Bureau were overwhelmed with telephone calls from an comers, including some official

quarters, urging them to prepare for Commonwealth Head of Government Meeting CHOGM but the

step by the authorities in indicated some ace kind of concession on their part that sex trade was

"necessary evil" that had to be accept and controlled13.

However the Minister of state for ethics and integrity later distanced government from such an

arrangement14.

On the rights to just and favorable for condition of work it is accepted that all human being have the

rights to a series of legal, physical and infrastructure related conditions that will guarantee them a

dignified setting in which to work these conditions are related to legal guarantees equable and

reasonable pay, vacations, legal related guarantee referring to the conditions in workplace safety,

cleanliness etc1s.

13 . See Siraje lubwama and Andrew Bagala "love Zone Set Up for CHOGM" daily Monitor November 15,2007.

14 See Flavia Nakagwa "No Zone for Sex Worker" the new vision, November 19,2007

15 Article 5 the states to present covenant recognize the right of every one to the enjoyment of just and favorable conditions of work which ensure in particular fair wages and equal remuneration for wok of equal value without distinction of any kind, in particular women being guaranteed conditions of wok not inferior to those enjoyed by men, with equal pay for equal work limitation of work shop hours, payment of terminations benefit etc. physical and

20 CHAPTER3

THE LAW RELATING TO PROSTITUTION AND ITS PRACTICE IN UGANDA

3.1The law on prostitution In Uganda

A Prostitution o sex work is illegal in Uganda and the law defines a "prostitute as " a person, in

public or elsewhere, regularly or habitually holds himself or herself out as available for sexual

intercourse or other sexual gratification for monetary or other material gain living on the earnings of

prostitution is prohibited.

Offenders of any these related crimes may be subjected to a maximum sentence of seven years

Imprisonment, It should be noted that although trafficking for prostitution exists in Uganda, there

are currently no laws or policies that address the issue. But sex work has always been a criminal

offence according the Uganda penal code act, the customary law of crime did not penalize for the

sex work alone, but married man was only penalized for the customary crime of committing

adultery when he is to be found with a women or a betrothed girl. Hence the exchange of material

gain for sexual service was generally tolerated under pre-colonial Uganda.

However, with the unprecedented rural- urban migration in the 1910s and 1920s, the growth of

Kampala city and the attendant "social explosion's work flourished. The colonial law against

prostitution was needless to say, very much modeled on that of England at that time, aU of them

imposed female sexuality monogamy and chastity, similarly in the Buganda Kingdom where the capital of Kampala is located, the elite members of the Lukiiko Buganda parliament with their

infrastructure. &Donnelly described the source of I human rights as man moral nature and rights themselves are special class or rights, the rights of the highest order.

21 colonial education and missionary influence felt the need to curb what they perceived as moribund morality.

Hence in 1941 , the Buganda government enacts a separate legislation to prevent sex work in the royal Capital, it criminalized sex work and prohibited "an unmarried girl less than twenty years of age to enter employment or engage in any kind of work which takes her away from the home or her parents at night But the irrational double standard in Ugandan women's and men's sexuality not only cast dough on the moralizing discourages but was fraught with tensions and contradictions16".

3.2 The Practice Of Prostitution In Uganda

The historical evaluation of prostitution in Uganda

Prostitute in Uganda is contributed by lack of a standard of living, adequate for the health and evolving of himself and his famny, including food, clothing, housing and medical care that is necessary social services including rights to security in the events of unemployment, sickness, disability, widowhood, beyond his control.

Legalized or regulative regimes do not primarily focus on the rights and welfare of the female sex workers but caters for the interest of male clients. The state controls the conditions under which commercial sex operates (Gangoli and Westmorland 2006) the committee which monitors of

Discrimination of the United Nation Convention on the Elimination of all forms of discrimination.

16 See Sylvia Tamale, eroticism, Sensuality and women's secret among the Baganda critical analysis. Feminist Africa 1ssue No 5. We are all prostitute! A married woman is not in control of her sexuality ...... In order for her to satisft her man, she must engage in prostitute-like behavior moreover, if she needs (tradition outfit) or a car its through sexual satisfactions.

22 Article 11 Stated that the Parties to present covenant recognize the right of every one, and give an

adequate standard of living for himself and his family including adequate food, clothing and

housing and to the continuous improvement of living condition. The state parties wiU take

appropriate steps to ensure the international co-operation based on free consent.

Against Women (CEDAW} interpretation "voluntary prostitution" to an within free choice of profession and employment.} Unfortunately the Ugandan judicial jurisprudence has not lent itself to any substantive discussion of Prostitute or sex work. On the issue of whether the feminist scholars agree on irrespective of their theoretical leaning in that all criminal sanction against females offers services in the sex industry should be abolished.

In other words, feminists are united in fighting the stigma feminist and discrimination those women engaged in the sex trade suffer from. There are main legal regimes that governs sex work around the world is total prohibition of all aspects of sex work.

3.3 What is supposed to -my thinking

Women's participations in society is not valued much as culture denies the rights of women in

Participation Negatively, as human rights be understood in their social context Women require human rights to protect them from potential violations arising from the social contexts in which they find themselves, women's contribution in nation building is not recognized instead of seeing individuals as having rights that are natural or that originate from the strength of an abstract sovereignty that predates the institutionalization of any particular social order, social democratic

23 approaches premise that idea of rights on the vulnerability of individuals in the social world17. As the review of the literature above demonstrates, most of the published research on the issue of sex works has been dominated by western scholars.

Relatively little has become out of Africa. Attention to research on sex work correlate to the level of feminist victim (devoted to radial social transformation} within a country: those countries with the longest history of feminist activism have the earliest scholar on sex worker.

Urgent need for implementation of Africa court judiciary systems In conformity with its mandate under article 45 of the Africa Charter on Human and people's Rights to protect Human rights in

Africa, the African commission on human and people's rights in collaboration with the international centre for legal practice on human rights, among other which Uganda was signatory to it on 16th

February 2001 on social, economic and cultural rights in Africa that took place Pretoria on the 171!1

September 2004.

17 People require human rights to protect them fr-om potential violations arising from the social contexts in which they find themselves where the social democratic approach recognized that human rights can be violated as a result of systematic or structural features of social processes.

24 CHAPTER4

PROSTITUTION IN OTHER PARTS OF THE WORLD

There was many reports published that predicted the prostitution cannot be eradicated but through

the agency of the criminal law e.g. British Report on Homosexual Offence and prostitution

committee in 1957. Total prohibition regimes take numerous forms; the majority countries that are

under legal regime target sellers of sex while a few target buyers of sex. Such contradictions and gender inequality associated with legal sale sex on the one hand and its purchase have received extensive discussion contemporary feminist literature, legal Assistant Centre, 200. Perhaps the

most profound intellectual stimulant to jurisprudence in the past generation has been the development for feminist approaches to the study of law.

Whereas decade ago, significant obstacles were encountered in the process of accessing this literature Feminist development in law did not, of course, occur in intellectual isolation. As is commonly the case in sociopolitical scholarly movements, law oriented insights about the role and function of gender as a socially constructed and constructive variable drew heavily upon the search and literature in the fields of psychology and sociology, landmark work like Gilligan's in A Different

Voices 18 .

In the Vienna declaration UN doc of 6th July 1993 states that: the wortd conference on nation human rights reaffirms in the solemn commitment of all states to fulfill their obligation to promote universal respect for and observance of all human rights and fundamental freedom for all in accordance with the charter of the united human right and international law. The

1s Carol Gilligan in a different voice: psychological of theory and women in development (1982).

25 universal nature of these rights and freedom is beyond questions19. Indivisibility is another

principle of truly fundamental importance which is said to be under singe at present is that of

indivisibility.

These principles hold that two sets of right Economic Social, cultural right, civil and political right

are equal importance the united nation recognized in the universal declaration treaty, that

neither set of right could be accorded priority over the other, but that has not deferred various governments, NGOS, and other from arguing when it suits them, that one set of right is in

practice, a prerequisite to enjoyment of other such argument must be rejected. Several studies have characterized as a patriarchal tool that reflects societal control and regulation of female sexuality. In her article "the Regulation of Prostitution: avoiding the morality traps, Shaver (1994} argues that social and legal policies on prostitution that are based on sexual moralistic arguments both are bound to fail1.

Some scholar locate sex work within the human rights framework arguing that sex worker are human beings that deserve the same rights and dignity" Prohibition attempts to eliminate a source without consultation of women that engage in the trade. Without altering the economic o realities that make sex work a primary source of income for all over the world "Tinsman 1992: 243". N

19 Universal declaration of Human rights Article 5 Stated that in every one has the rights to a standard of livmg adequate for the health and evolving of himself and his family, including food, clothing, housing and medical care and necessary social services and the rights to security in the events of unemployment, sickness, disability, widowhood, beyond his control.

26 Prostitution Senegal

Women's' health in most parts of continent has been affected by bias in Gender policies and

programs and social cultural practices. Decrease health spending and privatization of health care

systems in many countries without guaranteeing universal access to health of women and girls.

The challenge in on longer to define or Interrogate these systems of privilege and exclusion is to

understand how these relations have marked us has enslaved people for 500 years even as we

Have fought back for as many countries an in vain2o.

In Senegal the only African country legalized prostitution, the legal preoccupation since 1969 has

been ensuring that sex workers are subjected to regular medical checkups and that licensed

workers operate discreetly, presumable not to offend public morality(Ndoye 1995: Homaifar and

Wasik 2005)8.Contemporary to popular belief, that associates commercial sex trade with

widespread HIV epidemics, Senegal reports one of the lowest prevalence rates of HIV infection on

the continent.

In 2005 the country's prevalence rate stood at only 0.7 percent (UNAID 2006) compared to 6.4 percent in Uganda9 .8.

1 ::; '1 Senegal prostitution was legalized the law No. 66-21 dated Feburary 01; 1966, however, the enforcement decree of this law is contained in Decree no 69-616 dated May 20, 1969(Ndoye, 1995).

27 4.3

Arguments that locate sex work within the morality/ sin are in tolerated of using the human rights framework as a basis for decriminalizing it. In her book Politics of the Womb, Lynn Thomas (2005} documents the anti-prostitution arguments that were advanced in the post colonial Kenyan

parliament to strike down the affiliation law that granted single women the rights to claim child

maintenance from the biological fathers of their children.

Advocates for sex workers rights attempt to highlight the fact that legal prohibition against sex work does not eliminate the exploitation of women or male domination over women. It does not abrogate the co modification of female sexuality; neither does it propose viable alternatives for women that engage in the trade.

4.4 Prostitution in Eritrea

The state parties to present convenient under take the right to everyone to form trade union and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotions and protection of his economic and social interests. No restrictions may be placed on the exercise of his rights other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others e.g. during Eritrea's liberation prostitute contribute for their national liberation through money collection from sex worker's efforts.

28 5

ANALYSIS THE LAW RELATING RIGHTS PROSTITUTE AND FREEDOM

FROM

Introduction

Regardless of circumstances, an human beings have fundamenta~ rights which cannot be taken

away without legal jurisdiction? People held in custody or detention or imprisonment for the time

being forfeit their rights to personal liberty. Detention may limit enjoyment of a certain rights which

include the right to personal liberty, the right to privacy, freedom to movement, freedom of

expression and assemble and freedom to vote. The important issue is whether and to what extend

any further limitation of human rights is necessary and justifiable consequence of deprivation of

liberty and if so whether such deprivation should allow for legal practice of prostitution act.

Therefore the measures to safeguard the human rights and welfare of detainees are very essential

for an organized and democratic society. International human instrument have developed a series

of protective measures both to ensure that individual are not arbitrarily or unlawfully deprived of their liberty and to establish safeguards against abuses of different forms is case an individual's

right to liberty is derogated from in relation to prostitution practice.

These measures range from treaty provisions legally binding on state parties to minimum guidelines. Imposing no legal obligation but establishing internationally recognized standards to which states should adhere. These measures constitute and international framework of basic safeguards which implemented would help to eliminate the more serious abuses of exposure to which detainees are frequenUy subjected.

29 The 1995 constitution contains provision which protect the personal liberty of an individual and the

right is derogated from, it provides for the safeguards of the individuals whose right to liberty is

derogated. This chapter examines the main provision applicable to detainee or suspect in

international human rights instruments, regional and national law and the protection they provide

against human rights abuses most commonly associated with the practice arrest and detentions

which normally involve unwarranted public exposure of the suspect.

The Universal Declaration for human rights provided for the first main protection of personal liberty

and it has been adopted by the General Assembly of the united Nation. Although not adopted by

legally binding instrument, the (universal declaration of human right}UDHR has come to be

recognized by the international community as the basic catalogue of fundamental human rights,

which ought to be respected by all state.

The UDHR contains two important provisions relevant to detentions, first 3 establishes the right to

personal liberty as basic human right that allows the legitimacy of international scrutiny of any

forms of derogation from deprivation of this right. The essential right of personal liberty, protection

against arbitrary arrest or detentions, under article 9 of the UDHR is established this provision has

formed the foundation of more detailed international safeguards relevant to detention which have

been developed in the later human rights instruments and national constitutions to ensure that

suspects are not subjected to public exposure and abuse. The aspirations have been adopted at

universal level, regional and national level.

The international Covenant on civil and political Rights is one such international instrument which contains provisions that specifically provide for protection of human rights of detained persons it

30 was adopted by the United Nation in 1966 and entered into force in 1076 and Uganda has ratified

it.

5.2 The international and national safeguards and fundamental rights of prostitute

An arrest which commenced the process of detention should occur only when the law authorizes it.

It should always be subjected to judicial control or supervision to ensure that it is affected within the

available legal limits. Accurate records of arrest are vital for effective judicial supervision and the

prevention of disappearance. The prohibition of arbitrary arrest and detention is therefore among

the most fundamental of human rights. It is one of the basic guarantees of the Universal

Declaration of Human Rights which provided for, "no one shall be subjected to arbitrary arrest to

detention"

An equivalent provision may be discerned from article 9( 1} of the (international covenant on civil

political rights} ICCPR which provides that;

"Everyone had a right to liberty and security of person. No one shall be deprived of his liberty

except on such grounds as established by law"

The same principle is echoed in article 6 of the Africa Charter for Human and Peoples Rights which provides that:

"Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and condition s previously laid down by law, in particular, no one may be arbitrary arrested or detained and his privacy unduly deprived"

It should be noted that the foregoing provision were domesticated in Uganda's constitution by virtue of article 23( 1} of the 1995 constitution which provided for "no one should be deprived of his liberty except where it provided for by the law"

31 According to the United Nation, there the two principles which guide the standard for the physical

condition under which persons detained pending trial must be kept on remand. The first is

treatment of detained with dignity and humanity. And the second is the presumption of innocence21.

The first guarantees a minimum level of physical condition as regard accommodation; food,

drinking water etc and the second requires better treatment for persons whom are innocent before

the laws are not yet detained as a punishment22.

Physical conditions also extended to the rights over one's property and to medical care23. Article 10

of the ICCPR provide that: "All persons deprived of their liberty by arrest or detention shall be

treated with humanity and with respect for the inherent dignity of the human person"

Although most provision discussed herein above are found in international treaties, they are also

applicable in Uganda because Uganda is a party to those treaties and covenants, and therefore

obliged implementation of them effectively. The state therefore, has a very big role to play in order

to achieve full realization of the right of prostitute detainee.

21 Art 28 (3)(a) of constitution of Uganda said everyone person who is charged with a criminal offences shall be presumed to be innocent till proved guilty or until that person has pleaded guilty. Although the constitution provides for this public hearings on many occasions infringe this right.

22 Article 32 of the constitution provided the role of the legislation in making policy e.g. affirmative action in fever of marginalized groups

23 Article 33 Sec (2) and (3) says the state shall provide the facilities and opportunities necessary to enhance the welfare of women to enable them realize their full potential.

32 Roles of the state in protecting and promotion of the rights of prostitute from public harassment

female prisons are more likely to have sole children care responsibly then men. The limited

facilities available for woman who are classified as a high security risk or sentenced to

lengthy periods of imprisonment which means they will spent more of their sentence in a

single person then most of men24. The 1991 prison survey estimated that 47% of female

prison as opposed to 32% of male prison ware responsible for dependent children at the time of

imprisonment25.

Uganda as a state is party to most international instrument with a commitment to observe human

rights prescribed in this instruments and treaties. Some of these instruments have been referred to

in the previous section. It therefore has a duty to fulfill its obligations under these instruments.

According to the penal code reform international on human rights training of prisons officials in

implementation of international standard in prisons, a government ratifies a treaty of international

human rights and thereafter a fails to abide by its provision, breaches its own obligations under

international Law.

Also the state shall protect women and their rights, taking into account their unique status and

natural maternal functions in society.

24 Also the state shall protect women and their rights taking into account their uniaue status and nature matemc; functions in society.

2s Prison law

33 The officers in charge of implementation, of the party for example the police and the prison warders should be facilitated by being given enough funds to promote and protect the right s of the detainee. The optional protocol of the ICCPR which Uganda has also ratified requires government of state parties and non-governmental organization to publicize the text of these instruments as widely as possible. Using every means at their disposal' if the officials do not implement by ignoring the treaty in their daily work, it will weaken the credibility of government which it makes at the international level.

34 5

CONCLUDING REMARKS AND RECOMMENDATION

So far from what I have seen and assessed there are full reason for prostitutions be legalized based on the human rights value, freedom. Therefore, prostitution must be supported not only in

Uganda, but also internationally hence, bill in the parliament to legalize prostitution which might lead to an international covenant recognizing the rights of prostitution and the right to practice prostitution. All stake holders are required to play their roles satisfactorily those institutions to mention but few:

1- The prostitution laws and policies are about the patriarchal state, sexism and classis,

proposed by religious moralize. The oppositions set out in the paper surface the

complexities surrounding prostitution and explode the common and simplistic assumption

that mainstream society holds about prostitute.

2- The analysis of gender and sexuality particularly on commercial sex, Africa Feminist can

draw up a progressive agenda in the short term, medium term and long term. The

decriminalization of sax work must be launched within the radial women's movement as a

subversive force against patriarchal control and oppression. The hypocritical moral code of

religion organizations that influences the life of the wider population in Uganda must be

engaged with. Feminist must organize against the various fundamentalisms and

institutionalized hypocrisy with corresponding meticulousness and thoroughness.

However, the western conceptualization of sex work as one form of work issue of human

right commercial s sex work in Uganda must be situated within the broader context of

developed economies in Africa. The few education opportunities for females, staggering

rates of employment, law incomes for farmers and unskilled workers and gender

35 discrimination and oppression. Many women are left with no choice but engage in

prostitution. Despite this is it must be noted that the conditions under which Ugandan

women entered the trade are highly variable.

3- The legislation Uganda not to consider sex work as criminal nor a morality issue, but rather

an economic one, as economic survival for women who engage in the profession.

4- Adult sex work is no different in this context, this form or work chosen primarily for

economic reason not for moral reason alone. It's the duty of state in providing safe working

conditions, free of violence and abuse for all types of work whether at home, bar, factory,

office, market, streets and .

5- The street women need to be helped to find accommodation, family, and community

atmosphere in which they feel accepted and loved, and where they may start to rebuild

their lived and futures. This enables them to regain respect and self esteem, the joy of

being alive and start a new life without feeling they are being pointed at.

6- There is need for the government to implement all her treaties that had Uganda had been

signatory to e.g. implementation of article 45 of the Africa Charter on human and people'

rights to protect human rights in Africa.

7- Legislative branches of Government must frame sex worker not as moral issue but within

the context of labour and rights. The ideological shift from stigmatization of commercial sex

trade and encourage its public and cultural acceptance.

8- Immediate legalization of adult sex work with a view to decriminalizes it and has fair

system in future. This wiU go along way in empowering and protecting the rights of sex

workers. It will further mark the end of a hypocritical, unreasonable and largely redundant

law. As well as the potential abuse of policies empowered by law enforcement agents, It

36 would be prudent to put a clear timeline and implement plans in place for the total

decriminalization.

9- Take proactive steps to ensure that prostitute enjoy their rights to free choice of profession,

life access to health information, care and education, freedom of association and speech

etc.

10- Liberalize the law against abortion in order to empower Ugandan women including

prostitute and curb the high rates of maternal mortality.

11- The state should cooperate by implementing all the acts that had been enacted by the

parliament concerning the welfare of street women by involving public and private

organizations to bring about the elimination measure for sexual exploitation of women.

6.2 To the Church institutions and Media

The role of church

The church has a pastoral responsibility to defend and promote the human dignity of persons exploited by the prostitution and to advocate for their liberation, even providing economic, educational and formational support for this purpose.

The church denounce injustice and violence perpetrated against prostitution, and calls on all men and women of good will to deepen their commitment to sustain their human dignity, protect their marriages and put an end to the practice by providing a wide range of aid serviced, in welcoming centers, lodging and safe houses, with programs of formation, rehabilitation and educational facilities e.g. sponsorship.

37 Media.

Media should create special forum program of awareness rising among the prostitution that addresses the issues of prostitution in this country slow~y but sure by inviting each of them from each of them from, different areas on monthly bases to talk about their experience in the field, such programs may forge a way to eliminate the practice form the society. This awareness should emphasis on the disadvantages, advantages, and an appropriate program of education in human love and relationship needs to be provided.

A multi-dimensional approach is needed to carry out ecclesial action to liberate prostitution. This should involve both women and men placing human rights at the centre of all strategies, in order to providing others jobs opportunities for them. Media should involve women as recipient and participant in their program which will create ownership and love to the program that inspires and promote the spirit of unity among the married and street women and national consciousness among them

• To work in eradication of illiteracy that exists in the community and among the prostitutes.

• To improve families' lives that had been affected by sex worker.

• To encourage women to play more relevant and active role in Nation development

program especially in the economic, social, cultural and educational fields.

6.3 The role of women 1s activists and NG01S

There is need to forge other Mechanism for cooping with the economic hardship to mention but a few that is functionally in Kenya a business model which is sustainable in the environment

38 characterized by poverty and enormous social inequalities. Creates job opportunity to the idle prostitute and street children e.g.

1- Creation of equity bank society that provides microfinance and actively seeks poor middle­

income customer of mobile banks to reach out of the way from towns to rural areas. Such

service attracts many citizens that are jobless by encouraging them is serving and

borrowing loans for small businesses.

2- Kipepeo Butterfly project, kepepeo project was establishment of the Kenya coastal

community that lives in town, those women were involving themselves in

butterfly rising for sale in order to generate revenue. This project encourages the farmers

to realize their real monetary value from keeping the local forestry standing through non­

timber forest product.

3- Adopt a street light - where company is providing environmental improvements through

Functioning lighting and landscaping in , that provides jobs creation to the former

street Children. This initiative was form by a business woman in collaboration with city

council; it was meant for improvement of former street child's transformation and adopts

decent and healthy life. This contract is all about adopting one street light and maintains it.

He or she is responsible for the electricity poles, lighting and switching off/on. And

reporting when is in defaults.

undertake research on the topic of prostitution using feminist research methods that allow sex worker experiences to come through and their voices given legitimate expression. This will encourage research based programming and application of best practices.

39 Discontinue strategies and so called rehabilitations projects that seek to reform them without the participation of themselves in the conceptualization, design and implementation of the process.

Lobby government to realize abortion a view that economic a social question should be thought of in terms of rights was not solely confined to the soviet bloc it is reflected in several provision of the universal declaration on human right and in an international covenant on economic social and cultural rights, moreover, human right activists in a number of third world countries especially in Asia have long held that view that both kinds of concerns are right, their argument has not proved persuasive in the west however and none of the leading international nongovernmental groups concerned with human right has become an advocate of economic and social right.

NGO's like (human rights organization) they are to continue emphasis that human right is drained from the inherent dignify of mankind not merely entitlements grant by government. Philosophical considerations a said neither position accurately reflect reality; human right are in fact extracted from government by popular movement and what are now know as NGO's.

6.4 Weather prostitution is fundamental rights should be legalized

Currently, most of the prostitute are living below the Poverty line of USA 39 capitals per month. With lack of resources such as land, capital, technology, water and safe food.

Laws can be enforced unless fear supports them since every law is an infraction of liberty; Law is not balance on criminalizing the other party to the crime called prostitution.

40 Prostitute and her activity individually or group's rights is violated {without realizing their rights} through injustices that even the welfare of society as a whole cannot be override nor point in the boast that we respect individual rights unless that involved some sacrifices in question must be that we give up whatever marginalized benefits that our country would receive from overriding those rights when they prove incontinent If it's illegal then the measure been taken e.g. The law must punish or favor both of them sin has size less (big and small} nothing on earth divine except humanity, law remains discriminatory when came to this subject

I am therefore strongly condemning this section 138 of penal code that provided for punishment of female caught in prostitution offence; 1.section 138 of the penal code be should be reviewed, because government through law enforcement (the police force )tried to numerous efforts of arresting the act by arresting prostitute became! in vain, there is need to criminalize this charges to the male counterpart that involved in the act. Male plays a major role in committing this offence, as an effort to eradicate prostitution from society there should be criminalization of the offence for both parties and its evidence shall be witness in society,

I have strong believe that failure to the first option the is need for the system/Parliament to see into this matter by enacting legislation that prostitution is fundamental human rights should be legalized like in other countries in Africa e.g. Senegal. Rights has not been fulfilled until arrangements are in fact in place for people to enjoy whatever it is to which they have the right. Usually, perhaps the arrangement will take the form of law making the right legal ones as well as moral ones. The desire for entrenchment is motivated by a predatory view of human nature and of what people will do to one another when let loose in the arena of democratic politics . we need some basis for distinguishing those interests which are characteristic. To me there is

41 injustice in this section 138 of the penal code, it is too has on female prostitute and never neutrole.

It does not reflect the purpose of criminalizing the subject, the law either protects or criminalize sentence for all parties being involved in the act or legalize prostitution such that the victim could have legal rights too.

6.5 TO THE SEX WORKER OR PROSTtTUTE

1 Join hands and network with other marginalized groups such as the feminist movement, sexual

immoralities, slum dwellers for a wider platform and more effective results.

2 Actively organize union style into a formidable social movement with a political agenda to

demand for heir human rights and lobby for legislative reform.

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43 • Tamaie, Sylvia 2005, eroticism, sensuality and women secrets among the Baganda; A CRITICAL ANALYSIS FEMINIST AFRICA Issue no 5; 9-36.

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• Sylvia Tamale, /aw, sexual morality and subversion; a feminist analysis of urban sex work in Uganda. A law, gender and sexuality research project working paper no. 2 of 2008.

• The Slums, a challenge to evangelization; by Tangaza Occasional papers/ no 14 by various Authors.

• Women and Development in Africa; jouma~ of eastern Africa research and development volume 15, 1985, issue no 0251 -0405 edited by Gideon S. Were press.

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• Hot Issues on life and death, project of Kenya Episcopal conference commission of Doctrines.

44 ATIACHMENT

QUESTIONNAIRES FOR RESEARCH ON WHETHER PROSTITUTE SHOULD BE LEGALIZED.

Name if necessary------

Age ------

Residence------

How long have one been with the prostitution ------­

Why did you choose the carrier prostitution------

Give us your brief history------

Give us your experience in prostitution

1. Advantages - economic benefit, healthy, security and social

2. Disadvantages- Economic, socially, health, security

3. Was it your wish to become prostitute------

45 4. What do you expected from government to address this issue ------

5. What do you expected from Human rights NGOs------

6. You expected from legislative assembly/parliament------

7. According to you, what will be the outcome of the practice in the 10 years to come?

46