BELLA MKHABELA
Sex work is one of many thematic issues that deserve serious attention from society. If South Africa is to engage in processes of policy reform, women and youth issues should be on top of the agenda and new interventions should be crafted to combat the scourge of crime and gender-based violence within the society.
To this end, the Institute of Pan African Thought and Conversation (IPATC) at the University of Johannesburg will be engaging in a serious discussion entitled “The New Republic Project” on February 24 at the School of Tourism and Hospitality (STH). On November 30, 2022, Cabinet approved a draft statute to abolish criminal penalties for sex work (Criminal Law (Sexual Offences and Related Matters) Amendment Bill).
The bill has since been sent out to the public for engagement and commentary. This marks a huge victory for women's rights groups, after a long journey of trying to gain protection and recognition for the most vulnerable actors in the sex work industry. This bill could be considered one of the most forward-thinking initiatives from the government to empower women and fight against gender-based violence and femicide (GBVF).
For most of society, such a Bill is a bold step from the government, given that most still believe that the profession is fundamentally immoral. The question remains whether or not South African society can change its perspective for the betterment of the lives of those involved in the sex industry. Sex work is still highly stigmatised and frowned upon by the South African public for various reasons.
According to Camron (2022), moralist lobby groups have seized the chance to push back hard on the Amendment Bill. Arguing that the law has to continue pushing women and others away from engaging in sex for reward.
While Sex work is regarded as the oldest profession in the world, it is still one of the most heavily frowned upon professions in most societies. What is undeniable is that the industry will continue to operate with or without the government's or society's endorsement.
Women and human rights groups estimate that there are over 150 000 sex workers across the country working in the sex industry. Only a tiny minority has the ability to work on new and safer inventions such as online platforms which include ‘Onlyfans’. A good majority still work in person and on the streets. The government of South Africa must face the reality that sex work is not a secret underground industry, but an active industry that is part of societal life.
An industry that continues to grow and increase in popularity as new discoveries are made such as apps and "hook-up" channels online. The government can no longer treat the industry as taboo and needs to develop regulations and rules that will protect the most vulnerable actors engaging in the industry.
According to Camron (2022), penalties for adult sex work are outdated and despicable, harking back to a less public-health-conscious era. Governments now have access to all kinds of technologies and information, and so does society. Changing the narrative of sex work could be the tool for empowering women in the direst circumstances.
Sex work is a difficult industry to operate in, as it is often susceptible to and associated with all sorts of vices, including criminality from the underworld. Individuals who decided to work in the sex industry are usually the most desperate and vulnerable members of society with little or no support systems at all.
The individuals involved may take the form of undocumented persons, the poor and women with little or no formal education, with very few options at their disposal. The sex work industry becomes the easiest way to earn a living, especially for women. In South Africa, gender inequality is a major issue, sex work becomes the most lucrative option for women who are denied access and opportunities to education and work.
Sex workers are at risk of violence and assault; exploitation; human trafficking, drugs and health risks such as HIV. For women's rights groups who specialise in sex work, one of the bigger challenges has been dealing with the law. As it stands in the law right now, women and buyers can be arrested for engaging in sex for rewards.
Despite South Africa enjoying one of the most liberal constitutions, with progressive laws on abortion and gay marriage, sex workers are still stigmatised and targeted by society and the police. Sex workers face more abuse and exploitation because the police and community treat sex workers as immoral and criminal.
Treating sex work as a crime, instead of offering support and regulation has only made the situation worse for women, with even higher rates of assault and abuse reported since the lockdown regulations.
There needs to be a re-imagination of how to empower women in the most isolated and vulnerable spaces, not just empowerment for educated and wealthy women. Changing the narrative of choice and sex work being a legitimate means of earning a living, could be the best way to improve situations for women and actually get women out of the sex work industry.
Many moralist groups believe that the endorsement of the industry from the government will push more women into sex work. However, support and regulation mean better working environments, protection, and the ability to save and get out of the industry. While society may not be ready, the best actor to change the minds and lead the discussion is the government.
Such a Bill, despite a lack of all-rounded support, is a bold first step. The Bill just abolishes sex work as a crime. More needs to be done in creating legislation to regulate the environment of sex work just as we regulate other commercial spaces. Questions need to be answered about where, how and under what conditions sexual services may be offered for sale.
* Bella Mkhabela is an administration and research assistant at the Institute of Pan African Though and Conversation, University of Johannesburg
The views expressed do not necessarily reflect the views of IOL or Independent Media