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“Violence Against Sex Workers”

“Violence Against Sex Workers”. A presentation by SWEAT and Sisonke a t the National Roundtable on Multi- S ectoral Interventions and Actions on Gender-Based Violence 22 April 2013. About SWEAT and SISONKE Sex workers’ rights are human rights.

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“Violence Against Sex Workers”

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  1. “Violence Against Sex Workers” A presentation by SWEAT and Sisonke at the National Roundtable on Multi-Sectoral Interventions and Actions on Gender-Based Violence 22 April 2013

  2. About SWEAT and SISONKESex workers’ rights are human rights SWEAT and Sisonke work to ensure that: • Sex workers’ rights are defended; • Sex workers have access to health and other services; • Sex workers are respected and valued members of society. Sisonke is South Africa’s only movement of sex workers, led by sex workers. Our goals are to: • Advocate for the decriminalisation of adult consensual sex work in South Africa; • Address health and human rights abuses with sex workers; • Support the development of self-representation of sex workers on a national level in all issues affecting them. 

  3. OverviewThis presentation will address: • Violence against sex workers: The main forms of violence that sex workers experience • Gender-based violence: Sex workers face the full force of gender discrimination • Implications for HIV/Aids • SWEAT’s initiatives against GBV of sex workers • Legal background • Implement protective legislative provisions • Recommendations: SWEAT and Sisonke are asking you to…

  4. Violence against sex workersThe main forms of abuse that sex workers experience: • Police brutality • Health care discrimination • Sexual and labour exploitation • Human trafficking and sexual exploitation of minors • Stigma from communities … and the implications of these for HIV/Aids

  5. 1) Police brutalitySex workers face harassment and abuse from police • Police brutality is widely experienced by sex workers. • A 2011- 2012 Women’s Legal Centre study found that of the 308sex workers interviewed nationally, 70%experienced some form of abuse at the hands of police. • Violations reported included unlawful arrest, harassment, bribery, illegal profiling, forced sexual favours and rape. • Police are dismissive of sex workers who are victims of any crime. 37% of street-based and 20% of brothel-based sex workers report experiencing violence and feeling unable to report it to the police.

  6. …continued • According to a 2011 Open Society Foundation study, ‘Criminalizing Condoms’, police confiscate and destroy sex workers’ condoms, putting sex workers’ and clients health at risk. • Police cite condom possession as justification to detain or arrest people on charges related to sex work. • Detained HIV-positive sex workers are denied access to their ARVs over the weekend.

  7. 2) Health care discriminationSex workers experience stigma and discrimination in clinics • Nurses shout abusive comments in crowded clinics, and criticize the number of condoms being taken by sex workers. • Nurses expose sex workers as sex workers in clinics, and reveal their HIV status to other patients. • As a result of the stigma and discrimination from nurses, sex workers are reluctant to go to clinics. • And only 1 in 20 sex workers feel they can access HIV interventions without experiencing barriers.

  8. 3) Sexual and labour exploitationSex workers are exploited by clients & pimps • Criminalisation of sex work allows pimps and brothel-owners to exploit sex workers, due to their fear of reporting. • Pimps and brothel-owners often force sex workers to work, even when they are ill, menstruating, or pregnant. • Sex workers are forced to pay exorbitant fees to use brothel facilities, and to ‘buy protection’ by pimps. • Under decriminalisation, sex workers would be able to enjoy the protection of labour laws and occupational health laws.

  9. 4) Human trafficking & sexual exploitation of minorsSex workers are sometimes trafficked • Trafficking is the trade in persons by force, coercion or the abuse of a position of vulnerability, for the purpose of exploitation. • SWEAT and Sisonke advocate for the rights of adult, consenting sex workers and actively combat cases of human trafficking and sexual exploitation of minors. • Sex workers are often best-placed to identify exploited persons, but are scared to report to police. • SWEAT, Sisonke, ANEX and WLC are developing a Counter Sexual Exploitation in Sex Work Protocol to guide organisations that come across minors in the sex industry.

  10. 5) Stigma from communitiesSex workers sometimes experience stigma and abuse from their communities • Sex workers are called names and ridiculed by community members. • Certain community members expose them as sex workers, and force them out of their homes. • Some community members even refuse to allow their children to play with sex workers’ children. • Sometimes community members even commit violent acts against sex workers.

  11. 6) Gender-based violenceSex workers face the full force of gender discrimination • The majority of sex workers are female-identified. • The overwhelmingly male clientele of sex workers are not incentivised to treat sex workers with respect, and are a further source of violence and abuse. • Much of the police violence against sex workers seems to be driven by the male-female dynamic. • The law criminalising sex work discriminates against women, and its enforcement has a deep gender bias(such as only 11 clients being convicted since they were criminalised in 2007).

  12. … and the implications for HIV/Aids • The confiscation and ‘criminalising’ of condoms makes sex workers reluctant to carry condoms. • Stigma and abuse in clinics make sex workers reluctant to access healthcare, to get tested, or get ARVs/PEP. • Criminalisation fails to provide the protection of occupational health laws. • Sex workers’ vulnerability robs them of their power to negotiate safe sex.

  13. SWEAT’s INITIATIVE AGAINST GBV OF SEX WORKERS:Human Rights Defence (HRD) Project: ‘Every sex worker, a human rights’ defender’ • The broad objective of this HRD Project is to defend the human rights of sex workers, prevent further abuses, and build the capacity of sex workers to be human rights defenders. • HRD workshops are conducted to educate sex workers in their human rights and legal redress, should their rights be violated. • Sex workers are trained as paralegals to assist fellow sex workers who have experienced human right violations.

  14. …continued • National 24/7 toll-free Helpline number: 0800 60 60 60 • Sex workers who report human right abuses are supported with legal advice, court support, and psycho-social services. • These abuses are documented to inform strategic litigation that advances the human rights of sex workers. • This HRD Project is a partnership with other human rights-based NGOs, in particular the Women’s Legal Centre (Cape Town), the Tshwaranang Legal Advocacy Centre (Johannesburg), the Lethabong Legal Advocacy Centre (Rustenburg), and the Thohoyandou Victim Empowerment Centre (Limpopo).

  15. Legal background • Sex work was criminalised as far back as 1957 under the Immorality Act. Sex workers were criminalised in 1988, and clients in 2007. • Under what is now the Sexual Offences Act, we, our clients, people working with us, and people who gain from our work, can be arrested for selling or buying sex. • That original law was written when apartheid was in full force and the moral views of a few imposed on the majority. • The law is very hard to prove, so police and councils use municipal by-laws – e.g. nuisance and loitering – to arrest and detain sex workers. • This despite our Constitution guaranteeing every citizen the right to freedom of trade, occupation and profession.

  16. Implement protective legislation provisions The South African Law Reform Commission (SALRC) • In 2000, the Minister of Justice asked the Commission to review the criminal law on adult prostitution. • In 2002 they produced an opinion paper , and in 2009 a Discussion Paper (No. 107 on Adult Prostitution) which attracted hundreds of submissions. • They promised to issue their final report on Discussion Paper 107 by March 2010. Then by March 2011. Then by June 2012. In January 2013 they said ‘imminently…’ • BUT, they currently have no Commissioners, and have not had for the past year. • AND, they are refusing to release the submissions received in 2009. We submitted a PAIA application for these submissions in January, and are still waiting…

  17. …continued Interdict • In 2009, SWEAT and the Women’s Legal Centre obtained an interdict on Cape Town police to prevent the unlawful arrests of sex workers. • This has had no effect, having been ignored by the police. Directive • In 2012, at a meeting with Metro Police and the Dept of Health, Alderman JP Smith committed to issue a Directive prohibiting the confiscation of condoms as evidence of sex work. • The very next week, the Vice Squad were photographed confiscating condoms from a brothel as ‘evidence’. Profiling • In the same meeting, Metro Police promised to cease the illegal practice of profiling sex workers. This includes taking photographs, fingerprints or keeping records of what sex workers look like.

  18. RecommendationsWhat can you do to help stop the violence and abuse of sex workers? • Enforce the interdict against the unlawful arrest of sex workers. • Issue the Directive against condom confiscation within Metro Police and SAPS, and also for court officials not to offer into evidence or accept condoms as evidence in court. • Issue instructions to stop illegal profiling. • Pressure the SALRC to appoint Commissioners and to release their Discussion Paper 107 on Adult Prostitution. • Support national police sensitisation trainings. • Support national trainings for nurses and other stakeholders.

  19. …continued • Facilitate sex worker access to provincial and national platforms on HIV/Aids and other issues that affect them. • Develop and adopt a policy on sex work with sex worker participation that is human rights compliant. • Recognise sex workers labour rights, including the right to organise and form a union. • Raise sex worker issues - particularly the decriminalisation of sex work - in your parties and Portfolio Committees. • Support decriminalisation as the only human rights based model to govern sex work.

  20. THANK YOU for your time. Please contact us on (021) 448 78 75 (tel.) (021) 448 78 57 (fax.)info@sweat.org.za Or visit us at19 Anson Road Observatory Cape Town Or see what else we are doing to defend sex worker rights at www.sweat.org.za

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