Family Policy Institute Why prostitution must not be decriminalised or legalised in South Africa. Research Gathered & Compiled by: Errol Naidoo Achmed Kariem Marge Ballin Taryn Hodgson Sakhile Ndlovu Family Policy Institute 49 Parliament Street Cape Town 8001 PO Box 4743 Cape Town 8000 - Tel: 021 462 7888 - Fax: 088 021 462 7889 E-mail [email protected] Web: www.familypolicyinstitute.com 1 Dear Concerned Citizen, The following is a compilation of both local and international research and social studies concerning the subject of prostitution. The call to decriminalise prostitution in SA is being championed by a small but vocal group. Presumably, the objective is to have enough prostitutes legally available for the hordes of soccer fans expected to descend on our shores for the 2010 World Cup. The first to make the call for the legitimisation of sex slavery was former national police commissioner, Jackie Selebi. This reprehensible statement was echoed by MP George Lekgetlo who suggested that prostitution be legalised for the duration of the 2010 World Cup, effectively transforming the nation into a huge brothel. The decriminalisation of prostitution is a gift to pimps, criminal syndicates and sex traffickers and does not improve the health and welfare of women trapped in prostitution. Studies reveal that the decriminalisation of prostitution in Australia and New Zealand has resulted in an increase in illegal, hidden and street prostitution. Decriminalisation also promotes trafficking in women and children increasing the tendency of child prostitution. Contrary to claims that legalisation and decriminalisation would regulate the expansion of the sex industry and bring it under control, the sex industry now accounts for 5 percent of the Netherlands economy. Those advocating for decriminalisation argue it would promote the mental health of prostitutes because they feel isolated and ashamed. However, it is not the legal status of prostitution that causes the harm, it is prostitution itself. Prostitution is not labour, it is a violation of human rights. It is often paid rape. South Africa should rather emulate a progressive country like Sweden where prostitution is regarded as gender based violence and a tough stand is taken against buyers, pimps and traffickers. This is combined with services to assist women to exit prostitution and educational programmes in schools and public educational campaigns. Standing Errol Naidoo President Family Policy Institute 2 TABLE OF CONTENTS Introduction (2) Chapter 1 - Does Decriminalisation or Legalisation improve the lives of women & children trapped in prostitution? (5) Chapter 2 - Will the Decriminalisation or Legalisation of prostitution improve & ensure the human rights of women & children including some males in prostitution? (8) Chapter 3 - What are the social implications for you, your family & your community if prostitution is decriminalised or legalised in SA? (23) Chapter 4 – Policing & the implementation of the Sexual Offences Act (39) Chapter 5 – What are the implications of decriminalised or legalised prostitution on the workplace, your business, your community & your city? (41) Chapter 6 – Should prostitution be legalised? (43) Chapter 7 – Should prostitution be legal in licensed places like brothels? (50) Chapter 8 - Should the government collect taxes from prostitution? (50) Chapter 9 - Is legal prostitution a legitimate business? (51) Chapter 10 - Does individual economic opportunity justify legalising prostitution? (52) Chapter 11 - Is prostitution a victimless crime? (53) Chapter 12 – Would legal prostitution better protect prostitutes from violence? (54) Chapter 13 – Would legal prostitution decrease violence such as rape? (55) Chapter 14 - Should police resources be used to monitor prostitution? (55) Chapter 15 - Does legal prostitution lead to human trafficking & slavery? (56) Chapter 16 - Is pornography prostitution? (59) Chapter 17 - Is prostitution psychologically harmful to prostitutes? (60) Chapter 18 – Would legal prostitution decrease sexually transmitted diseases? (61) Chapter 19 - Should people have a right to become prostitutes? (62) Chapter 20 - Is prostitution a freely chosen profession? (63) Chapter 21 - Is prostitution a threat to marriage? (64) 3 Chapter 22 – Does prostitution demean women? (65) Chapter 23 – Is prostitution immoral? (65) Chapter 24 -What are the different types of prostitution? (66) Chapter 25 – What is sex work? (73) Chapter 26 – Do prostitutes want prostitution legalised? (74) Chapter 27 - Does law enforcement want prostitution legalised? (74) Chapter 28 - Does the medical community want prostitution legalised? (76) Chapter 29 - The status of prostitution in countries where prostitution has been decriminalised or legalised (76) Chapter 30 - Prostitution fuels & promotes trafficking in women (84) Chapter 31 - Drugs, crime & violence are intrinsic to the prostitution industry (85) Chapter 32 – Legalisation - Decriminalisation does not promote women‘s health (85) Chapter 33 - Government (86) Chapter 34 - Policy option (86) Glossary (87 – 88) Summary Exit Programs (89 – 98) Summary (99 – 104) 4 Chapter 1: Does Decriminalisation or Legalisation improve the lives of women & children trapped in prostitution? "What are the effects of prostitution on the women in prostitution as well as society at large? Prostitution doesn‘t just have individual impacts on women in prostitution. It impacts all women in that society. If you have a country that thinks it‘s appropriate and acceptable that women are to be for sale then you normalize the idea that men have the right to buy and sexually exploit not just a particularly marginalized subclass of women, but all of us," Abolishing Prostitution: The Swedish Solution by Gunilla Ekberg. ―Participating women‘s organisations are deeply concerned about proposals to legalize the prostitution industry in South Africa and other countries, and the effects that such a response is likely to have on women and children as well as society at large. This approach infringes the human rights of women, impairing their dignity and integrity, and is contrary to the spirit of the South African Constitution and other pieces of legislation.‖ Statement by women‘s rights organizations from 19 countries across 6 continents who met in South Africa in August 2008. ―U.N. committees charged with offering guidance on the obligations incumbent upon nations that have ratified the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") and the Convention on the Rights of the Child ("CRC") are, instead, advancing a radical agenda harmful to the best interests of societies and states, under the cover of providing review and recommendations. In doing so, these U.N. committees are decisively undermining the sovereignty of state parties to the treaties in matters that have always been within the domestic jurisdiction of individual states to decide. These committees have recommended - Legalizing prostitution and elevating it to the status of a profession,‖ Patrick F. Fagan, William L. Saunders, and Michael A. Fragoso: How U.N. conventions on women and children's rights undermine family, religion, and sovereignty. Victoria (Australia) example: In 1984, the Cain Labour government passed The Planning (Brothels) Act. This was followed by the Prostitution Regulation Act in 1996 and major amendments were made in 1994 with the Prostitution Control Act. The 1994 Act licensed brothels, making it an offence to work in prostitution except in licensed brothels or small owner-operated brothels (in other words, a home is acceptable). All prostitution service providers have to obtain a license - this is overseen by the Business Licensing Authority. Prior to the legalisation of brothels in 1994, there were about 50 illegal brothels. Following legalisation, the numbers escalated quickly. By 2001, there were approximately 80-90 legal brothels (some of them quite large and actively promoted), numerous escort agencies and a growing number (estimated 1500) of registered single operators. In 1999 police estimated there were more than 100 illegal brothels. Subsequent recent estimates claim there are up to 400 illegal brothels. Street prostitution has also escalated sharply. This led to proposals in 2002 from the Victorian government, and the local Port Phillip Council suggesting 'tolerance zones' for street prostitution and even state-run hotels, which would rent rooms by the half-hour! Due to local resident protests, these proposals were dropped. 5 Trafficking of foreign women to work in illegal brothels has increased and court cases have ensued. A recent call at the 2020 Summit, by a representative of the prostitution industry, was for foreign women to be given visas so they could 'legally' come to Australia to work in brothels! Initially the 1994 Act set up the Prostitution Control Board and an Advisory Committee, which include prostitutes and government representatives, to regulate the industry. However, the Board did not meet regularly and failed to regulate it. In 2000, a General Business Licensing Authority replaced the Prostitution Control Board with no specialist knowledge. Prior to legalisation, a group called the Prostitutes Collective acted as a lobby group calling for decriminalisation. After prostitution was legalised, the group became an 'industry group' - it even received government funding to support prostitutes and supervise health checks. The Victorian Health and Community Services Department provided