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South Africa advocacy groups welcome push to legalize sex work

Public comment period on proposed bill ended on Jan. 31

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Sisonke National Sex Workers Movement is among the groups that have welcomed efforts to decriminalize sex work in South Africa. (Photo courtesy of Sisonke National Sex Workers Movement)

Various civic organizations across South Africa have welcomed efforts to legalize sex work.

The public comment period on the Criminal Law (Sexual Offenses and Related Matters) Amendment Bill of 2022 ended on Jan. 31. The Cabinet on Nov. 30, 2022, approved the publication of the measure that would decriminalize sex work for public comment.

The bill would repeal the Sexual Offenses Act (previously the Immorality Act) of 1957 (Act No. 23 of 1957). It would also repeal Section 11 of the Criminal Law (Sexual Offenses and Related Matters) Amendment Act of 2007 (Act No. 32 of 2007) to decriminalize the sale and purchase of adult sexual services.

ā€œAs a human rights organization we are delighted that our efforts to call for the decriminalization of sex work has after almost three decades received attention to this level because initially the call to decriminalize sex was just falling on deaf ears, as one of our biggest issues with the criminalization of sex work is the gross human rights violations against sex workers and for us sex workers not being able to seek recourse when we need to,” said Yonela Sinq of the Sisonke National Sex Workers Movement. “Secondly, we strongly believe that the decriminalization of sex work will afford us (sex workers) improved access to health, justice, economic freedom, humane working conditions and a regulated industry. Hence, we have been so persistent in the call for the full decriminalization of sex work.ā€ 

Sinq also said the legalization of sex work will also be important to the LGBTQ and intersex community.

ā€œThe 2SLGBTQIA+ community is a growing community facing triple the stigma,” said Sinq. “Once we have addressed theĀ decriminalization of the industry, they too will be afforded improved avenues to seek recourse when violated.”Ā 

“As it stands, our transgender sex workers are still held in cells with men who in turn rape them. Therefore, once this decriminalization process is done with, we will be able to comfortably without fear of further stigmatization and discrimination address this human rights violation because sex work comprises of such diverse groups so with our law enforcers often ignorant to every individual’s choice we often find that they law enforcers are contributors of some of the most gruesome human rights violations,” added Sinq. “I believe the decriminalization of sex will be a step closer to the full recognition and protection of all human rights as per the country’s constitution.ā€

Mpho Buntse of Access Chapter 2, a South African LGBTQ and intersex rights organization, said the legalization of sex work will not only bring dignity to sex workers but demystify some of the elements associated with sex work.

ā€œI think itā€™s important to highlight that work that is seeking to advance the decriminalization of sex work is long standing work that was started a long time ago. More than anything, the conclusion of this process does not limit this work,” said Buntse. “Itā€™s work thatā€™s continuous. Itā€™s work that we have seen organizations like Sisonke advancing for many years, so this is just the coming together of efforts by advocacy and interest groups that have been working to create attention and need to the decriminalization of sex work.” 

“So that now this process is closed, we will be looking further at a more conducive South Africa that will be able to engage on how we can learn and unlearn what we think we know about sex work,” added Buntse.

Buntse noted some of the benefits of legalizing sex work include improved access to health care, condoms and PrEP and sex workers feeling more comfortable approaching law enforcement if they are victimized. 

“Now for the 2SGBTQIA+ community, this law will create a level playing field for all sex workers because we know that in the past those that are gender nonconforming have always been facing a double-edged sword of victimization because of the lack of protection from law enforcers, which have resulted in some having sex without paying or violating them because there was no law,” said Buntse. “So this amendment will help the 2SLGBTQIA+ to practice safe sex work without fear of victimization.”

“Furthermore, under a democratic South Africa we are allowed to associate in whatever way that we want,” added Buntse. “The Constitution makes it clear that self affirmation is important so engaging in sex work could be as a result that one fending for their families whilst some view it as just normal work so the level of respect that is accorded to every type of work should be also be done to those that engage in sex work so it is not a taboo because our Constitution protects us.ā€

The Justice Department will now consider the public comments and make any necessary changes to the bill before its introduction in Parliament. Lawmakers will then debate it before they vote on it.

Daniel Itai is the Washington Blade’s Africa Correspondent.

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Africa

For queer Nigerians, being on gay dating apps is still a risk

Homophobes target users for violence

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(Bigstock photo)

Gay hookup apps like Grindr, and dating apps like Tinder and Bumble have managed to proliferate queer communities in countries like Nigeria. 

Those who seek one night stands find what they want while those looking for love equally find what they seek. These platforms have managed to position themselves as safe spaces for queer people in anti-gay Nigeria. In  recent times, however, it is proving to be unsafe, as homophobic people are quickly learning about the apps, and opening accounts that either seek to outrightly threaten queer people, or pretend to be queer, have long chats with gay people, invite them over, and inflict violence on them.

Take the case of Biodun, a queer Nigerian man who joined Grindr to meet up with guys like him. 

After Biodun had built a connection and agreed to meet with someone whose display name was ā€œMamba,ā€ they decided to meet up only for him to be met with violence. Apparently, Mamba ran a catfish account. 

ā€œIā€™ll never forget that day,ā€ Biodun, who asked the Washington Blade not to use his last name because of safety concerns, said. ā€œI still think about it, and sometimes blame myself for being very careless, even though Grindr was supposed to be our safe space.ā€Ā 

Biodunā€™s experience isnā€™t peculiar to him. 

In Nigeria, draconian laws that criminalize same-sex relationships exist, making queer people turn to the digital realm to explore their identities and seek connections beyond the confines of societal oppression that comes with the physical environment. Gay dating apps such as Grindr, therefore, have emerged as virtual sanctuaries, offering spaces for queer Nigerians to forge friendships, find solidarity, and pursue romantic or sexual relationships. Spaces like this, however, have morphed into a landscape fraught with danger, as homophobic people have weaponized these platforms to perpetuate hate and violence. 

ā€œSometimes, I often wonder how they learned about these platforms,ā€ Daniel, which is not his real name, told the Blade. ā€œYou would think that it is just us in the platforms, until you find out that the accounts are rooted in homophobia.ā€Ā 

One time, someoneā€™s bio read, ā€œI’m only here to deal with the gay people. I know all of you, and I will find and kill you. We no want una for here (translates to we do not want you here, in English.)ā€ It was a stark reminder that these spaces are no longer LGBTQ-friendly for Nigerians. In 2014, there was the passage of the Same-Sex Marriage Prohibition Act by former President Goodluck Jonathan, which not only criminalized same-sex unions, but also imposed severe penalties on anyone involved in LGBTQ advocacy or support. 

This law catalyzed a surge in discrimination and violence against queer Nigerians; emboldening regular civilians, religious extremists, and even law enforcement agencies to target individuals perceived as deviating from traditional gender and sexual norms. Again, amid this hostile environment, gay dating apps emerged as lifelines for many queer Nigerians, offering avenues for discreet communication, community building, and the pursuit of intimate relationships.

The very anonymity and freedom these apps provided, however, became double-edged swords. 

The advent of screenshot and screen-recording capabilities on these apps, for example, reduced the risks of exposure, strengthening the safety and privacy of users. However, this also comes with its own lapses, as queer people using Grindr have often relied on screenshots and screen recordings to confirm the identities of potentials with their friends, before accepting to meet. 

ā€œBefore the removal of the screenshot option, I usually shared photos of others with my trusted friends,ā€ Biodun shared. ā€œBut since that was taken off, there was no way for me to do that.ā€ 

Although, according to Grindrā€™s terms and conditions, the removal came with privacy concerns, as it was to facilitate a safe dating experience.

This erosion of digital safe spaces is depriving queer Nigerians of vital avenues for self-expression and affirmation,and is exacerbating the psychological toll of living in a society that continues to systematically demonize their identities. Moreover, the normalization of homophobic rhetoric and violence in both physical and digital realms has perpetuated a cycle of fear and oppression, and is reinforcing this notion that LGBTQ individuals are inherently unworthy of dignity and respect. Despite these challenges, though, the resilience of queer Nigerians continue to persist, as they defy societal norms and assert their right to love and be loved.

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Africa

Upcoming Ugandan Census will not count intersex people

Advocacy group report documents rampant discrimination, marginalization

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(Image by rarrarorro/Bigstock)

Uganda’s national Census next month will not count intersex people.

The revelation about the exclusion of intersex Ugandans in the 9-day Census exercise that will begin on May 10 has been confirmed to the Washington Blade by the head of Uganda’s Bureau of Statistics.

UBOS Executive Director Chris Mukiza in response to the Blade’s questions on the issue said the agency has “no business with intersex.”

Their counting could have made Uganda the second African country and the third globally after Australia and Kenya to collect an intersex personā€™s data in a Census.Ā 

Kenya’s 2019 Census determined there were more than 1,500 intersex people in the country.

Uganda had a population of 34.8 million, according to the country’s last Census that took place in 2014.

Intersex people in Uganda are among marginalized groups, subject to stigma and discrimination. The government has yet to recognize them as the third sex and consider them among other minority groups, such as people with disabilities, who enjoy special treatment.

Intersex people cannot be exclusively categorized as male or female for having a biological congenital condition with unique sex characteristics due to inherent and mixed anatomical, hormonal, gonadal, or chromosomal patterns that could be apparent before, at birth, in childhood, puberty, or adulthood.

Mukizaā€™s position of excluding intersex people in the Census, however, comes amid the prime minister’s office’s demands for inclusivity and equality for all the population. (The Constitutional Court on April 3Ā refusedĀ to ā€œnullify the Anti-Homosexuality Act in its totality.ā€)

ā€œWe recognize that much work remains to be done particularly in addressing the needs of the marginalized and vulnerable communities, promoting inclusive economic growth, and combating climate change,ā€ said Dunstan Balaba, the permanent secretary in the prime ministerā€™s office.

Balaba spoke on April 18 during the National Population and Housing Census prayer breakfast meeting the UBOS convened. Religious leaders and other stakeholders attended it.

President Yoweri Museveni has noted that data from the countryā€™s sixth national Census will be crucial towards achieving the nation’s Vision 2040 and help the government, non-governmental organizations, and donors in providing services to the diverse population.

ā€œIt will also provide the basis for planning the provision of social services such as education, health, and transport, among others at the national and local level,ā€ Museveni said as he urged citizens to fully support the Census and provide accurate information.

Uganda has an intersex rights organization, “Support Initiative for People with Atypical Sex Development (SIPD),” which activist Julius Kaggwa founded in 2008 with the support of groups that advocate for children, women, and other marginalized populations.

Some of SIPDā€™s work as a non-profit, grassroots organization includes community outreach and engagement, sharing reliable information with the society for the protection of intersex peopleā€™s rights, and championing the need for organized medical and psychological support.

The organization, through its numerous reports, has decried human rights violations against intersex people that include surgery without consent, discrimination in homes, schools and medical centers, parents abandoning intersex children, and stigma due to lack of legal protection by the government.

Uganda’s Registration of Births and Deaths Act allows a parent or guardian of a child under the age of 21 to change the name or sex at the local registration office. The SIPD, however, maintains this law is discriminatory to intersex people over 21 who want to change their sex characteristics, and want parliament to repeal it. 

The intersex rights organization wants the Health Ministry to establish a central registry to register intersex children after they’re born in order to receive support in terms of healthcare, social and legal by the government and other stakeholders as they grow up. 

SIPD particularly wants the government to enact a policy that would allow a gender-neutral marker on birth certificates for intersex children to ease any change of sex in the future. The organization also wants the government, through the Education Ministry, to adopt a curriculum that also considers intersex issues in schools and creates a friendly environment for intersex children to learn and graduate like their non-intersex peers.

These demands follow SIPDā€™s findings that disclosed many intersex children were dropping out of school because of the stigma and discrimination they suffered. The organization has further called on the public-funded Uganda Human Rights Commission to live up to its constitutional mandates of defending human rights by leading the promotion and protection of the rights of intersex people across the country.

SIPD has also challenged religious leaders, who play a key role in Ugandan society and are influential at the local and national level, to promote acceptance of intersex people and to end discrimination against them.

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Africa

Ugandan activists appeal ruling that upheld Anti-Homosexuality Act

Country’s Constitutional Court refused to ‘nullify’ law

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(Image by rarrarorro/Bigstock)

Twenty-two LGBTQ activists in Uganda have appealed this month’s ruling that upheld the country’s Anti-Homosexuality Act.

The Constitutional Court on April 3 refused to “nullify the Anti-Homosexuality Act in its totality.”

President Yoweri Museveni last May signed the law, which contains a death penalty provision for “aggravated homosexuality.”

The U.S. subsequently imposed visa restrictions on Ugandan officials and removed the country from a program that allows sub-Saharan African countries to trade duty-free with the U.S. The World Bank Group also announced the suspension of new loans to Uganda.

Media reports indicate Sexual Minorities Uganda Executive Director Frank Mugisha and Jacqueline Kasha Nabagesara are among the activists who filed the appeal.

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