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Catholic Activists Warn of Exploitation as South Africa Seeks to Legalize Sex Industry

Credit: CitizenGO

South Africa’s Department of Justice has invited public comment on the “Criminal Law (Sexual Offences and Related Matters) Amendment Bill 2022”, which seeks to decriminalize sex work, a move that Catholic activists in Africa say will lead to the exploitation of vulnerable women and children in the industry.

In a petition launched on Tuesday, January 10, the members of CitizenGo Africa who advocate for family values, say that the Bill is “the best gift ever” to sex offenders in South Africa, and will see criminals prey on vulnerable populations in the country.

“The Bill will repeal the laws that criminalize the buying and selling of adult sexual services. This means the entire sex industry in South Africa will be legalized, providing pimps, brothel owners, and criminal syndicates who prey on the weak and vulnerable, the best gift ever,” the activists say.

They add, “A legal sex industry also significantly expands prostitution rather than containing it, luring many more vulnerable women and children into a life of unspeakable sexual exploitation, abuse, and misery.”

The Bill, according to the activists, is a warning of policy failures on prostitution globally.

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The activists note that international studies have revealed that the policy of legalized prostitution failed wherever it was implemented. 

“Instead of protecting the human rights and dignity of women trapped in the sex trade, legalized prostitution had the exact opposite effect,” they say, and add, “Legal adult prostitution increases child prostitution. Research indicates the links between prostitution and organized crime are never broken regardless of the legal status of the sex industry.”

The African branch of Catholic activists notes that if passed, the government’s support of legal prostitution will undermine the human rights of persons trapped in the sex trade, the majority of whom are females.

At the moment, South Africa is already experiencing high rates of sexual exploitation and abuse of women and children, the activists say, and add, “Domestic abuse of women and children is also at intolerably high rates. Considering these appalling facts against the backdrop of soaring rates of unemployment and endemic poverty renders legal prostitution illogical, unsustainable and untenable in South Africa.” 

The South African government opened the Sex Work Amendment Bill for public participation in December last year.

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Explaining the Bill, Justice and Constitutional Development Minister, Ronald Lamola, reportedly noted that criminalization of sex work in South Africa was contributing to Sexual and Gender-based violence,  "as it leaves sex workers unprotected by the law, unable to exercise their rights as citizens and open to abuse generally, not least when they approach State facilities for assistance."

The Minister emphasized that criminalizing the adult sex practice had failed to stop "the selling or buying of sex, nor has it been effective."

"If anything, (criminalization) has led to higher levels of violence against sex workers. In addition, criminalization affects predominantly women, with the female sex worker usually being the one who is confronted by law enforcement, but the male client isn't. The National Prosecuting Authority has also indicated a very low percentage of cases or prosecutions for such transgressions," he said.

According to the members of CitizenGo Africa, however, the South African Department of Justice had chosen to ignore the recommendations in the country’s Law Reform Commission’s Final Report on Prostitution Law Reform. 

“The SALRC conducted a comprehensive 9-year investigation into prostitution, commissioned by the same Justice Department, and warned against legalizing prostitution because of the high rates of GBV, poverty, and unemployment,” the activists say.

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The South African government, they say, has “chosen to surrender South Africa’s social policies to UN agencies and other sexual rights radicals to the detriment of the safety and dignity of women and children.”

In their push to “stop the legalization of prostitution in South Africa”, the activists call on their supporters to say no to what they describe as an “inherently abusive sex industry” in South Africa.

“Please make your voice heard on this disastrous Bill that seeks to fully legalize the inherently abusive sex industry in SA,” they say, and add, “We must reject state-sanctioned sexual slavery to protect thousands of vulnerable women and children from a life of sexual exploitation and misery.”

Agnes Aineah is a Kenyan journalist with a background in digital and newspaper reporting. She holds a Master of Arts in Digital Journalism from the Aga Khan University, Graduate School of Media and Communications and a Bachelor's Degree in Linguistics, Media and Communications from Kenya's Moi University. Agnes currently serves as a journalist for ACI Africa.