Calls to legalise sex work
Prostitutes need legal protection to be able to report trafficking and abuse to authorities, something not within our legal framework.
Calls to decriminalise prostitution in Namibia in the past mostly focused on improving access to health and safety for sex workers, but human trafficking advocates in the United States believe that decriminalising prostitution could help expose the true extent of sex trafficking ongoing in the country.
Those working with sex trafficking survivors argue that many victims are reluctant to come forward and report their situation for various reasons, including abuse at the hands of the police and other authorities.
“We believe that ending sex trafficking starts with decriminalising sex work so that people engaged in sex work can come forward safely to report abuses against them,” Jean Bruggeman, the executive director of the Freedom Network in the United States said at a press briefing in Washington, DC recently.
She said that decriminalising sex work and training law enforcement and other service providers in focusing on a human rights approach instead of punishing victims, would be key to exposing sex trafficking in countries.
“You will see more reports of abuse and exploitation. When you make it more dangerous and harder for people to come forward, then they won't come forward and you won't see it. We firmly believe that by decriminalising sex work, those who have experienced abuse and exploitation can come forward and receive services.”
Bruggeman warned that arrests are traumatic in themselves and would reduce the opportunity for possible victims of sex trafficking to reach out for help.
“When someone comes at you gun-strong, and puts handcuffs on you, you are unlikely to talk about the victimisation that you faced and the circumstances around that.”
She added that apart from legal changes, countries would then have to take practical steps, including training of law enforcement to be able to handle cases of abuse and exploitation sensitively and to strengthen social safety nets.
“Law enforcement would have to respect the reports of abuse and exploitation they receive from workers in sex industries, which is not universal at this time.”
In Namibia, several human rights and civil organisations have recommended that provisions relating to sex work in Namibia should be set aside, pointing out that the stigma, discrimination and violence frequently experienced by sex workers discourages them from accessing public services, including health care and law enforcement. Testimony from sex workers to a United Nations Special Rapporteur in 2013 alleged by sex workers recurring police abuse, including high levels of violence at the hands of police including rape, arbitrary detentions and confiscation of condoms.
Don't punish the sellers
Bruggeman explained that the Freedom Network advocates for decriminalising prostitution, which would remove the penalties for engaging in prostitution.
She said that worldwide different models have been implemented; including legalising prostitution, which is a model that puts in place regulations pertaining to sex work.
“I would not venture to suggest that any one model is appropriate worldwide,” she said, noting that countries would have to consider their cultural and legal frameworks, among other things. Critical though, is that sex workers feel safe to approach authorities and service providers for help.
“When workers continue to be arrested for engaging in sex work, it puts them at great risk of all sorts of harm,” she said. She added that punishing sex work increases the risk of sex trafficking and other forms of exploitation and abuse.
She said that moreover, once a person has a criminal record, it could rob them of future opportunities.
“As a human rights-based organisation, we believe in expanding people's options, and their ability to make their own decisions. So if they want to be involved in sex work they can do so safely. If they want to be engaged in other forms of labour, they can do so safely.”
She said the network believes that if these goals are reached, sex trafficking will be reduced to a great extent, but not completely.
“We have not eliminated any form of crime in this country. So I don't expect we will be able to eliminate this form of crime anytime soon. What we can do is to make conditions safer for people so that they are less likely to suffer harm and abuse and that when they do they are more likely to come forward and access services and protection.”
A conversation is needed
Human trafficking, which can involve labour or sex exploitation, is defined as a form of modern-day slavery and involves the use of force, fraud, or coercion to obtain services for commercial or other gains through exploitation.
In Namibia, the 2017 Trafficking in Persons Report (TIP) issued by the United Stated Office to monitor and combat trafficking, identified cases of both labour and sex trafficking in the country, including the exploitation of children and women in the sex industry. Martina Vandenberg, the founder and president of the Human Trafficking Centre in the United States, explained that in the United States, an increasing trend is the recognition that children under the age of 18 cannot consent to sex work.
“So the idea that a child can be prosecuted for prostitution is absurd as a legal issue.” She emphasised in order for sex trafficking to be proven in the case of adults there has to be evidence of force, fraud or coercion.
But in the case of a person engaged in commercial or other types of sex work who is under 18, they are by definition trafficking victims “if someone has induced them, without any fraud, coercion or force” that needs to be established. While federal laws have an understanding of that, at the local level many states do not yet consider the age of minors as a barrier to arresting and prosecuting them for prostitution, she noted.
The answer, she explained, is for states to pass safe harbour laws, which would recognise that children cannot be arrested or prosecuted for prostitution.
*Namibian Sun journalist Jana-Mari Smith is in the United States on invitation by the US Department of State's Foreign Press Centre. She has joined 19 other journalists from around the world to take part in an international reporting tour to create awareness and gain insight into combating human trafficking through prevention, protection and prosecution.
JANA-MARI SMITH
Those working with sex trafficking survivors argue that many victims are reluctant to come forward and report their situation for various reasons, including abuse at the hands of the police and other authorities.
“We believe that ending sex trafficking starts with decriminalising sex work so that people engaged in sex work can come forward safely to report abuses against them,” Jean Bruggeman, the executive director of the Freedom Network in the United States said at a press briefing in Washington, DC recently.
She said that decriminalising sex work and training law enforcement and other service providers in focusing on a human rights approach instead of punishing victims, would be key to exposing sex trafficking in countries.
“You will see more reports of abuse and exploitation. When you make it more dangerous and harder for people to come forward, then they won't come forward and you won't see it. We firmly believe that by decriminalising sex work, those who have experienced abuse and exploitation can come forward and receive services.”
Bruggeman warned that arrests are traumatic in themselves and would reduce the opportunity for possible victims of sex trafficking to reach out for help.
“When someone comes at you gun-strong, and puts handcuffs on you, you are unlikely to talk about the victimisation that you faced and the circumstances around that.”
She added that apart from legal changes, countries would then have to take practical steps, including training of law enforcement to be able to handle cases of abuse and exploitation sensitively and to strengthen social safety nets.
“Law enforcement would have to respect the reports of abuse and exploitation they receive from workers in sex industries, which is not universal at this time.”
In Namibia, several human rights and civil organisations have recommended that provisions relating to sex work in Namibia should be set aside, pointing out that the stigma, discrimination and violence frequently experienced by sex workers discourages them from accessing public services, including health care and law enforcement. Testimony from sex workers to a United Nations Special Rapporteur in 2013 alleged by sex workers recurring police abuse, including high levels of violence at the hands of police including rape, arbitrary detentions and confiscation of condoms.
Don't punish the sellers
Bruggeman explained that the Freedom Network advocates for decriminalising prostitution, which would remove the penalties for engaging in prostitution.
She said that worldwide different models have been implemented; including legalising prostitution, which is a model that puts in place regulations pertaining to sex work.
“I would not venture to suggest that any one model is appropriate worldwide,” she said, noting that countries would have to consider their cultural and legal frameworks, among other things. Critical though, is that sex workers feel safe to approach authorities and service providers for help.
“When workers continue to be arrested for engaging in sex work, it puts them at great risk of all sorts of harm,” she said. She added that punishing sex work increases the risk of sex trafficking and other forms of exploitation and abuse.
She said that moreover, once a person has a criminal record, it could rob them of future opportunities.
“As a human rights-based organisation, we believe in expanding people's options, and their ability to make their own decisions. So if they want to be involved in sex work they can do so safely. If they want to be engaged in other forms of labour, they can do so safely.”
She said the network believes that if these goals are reached, sex trafficking will be reduced to a great extent, but not completely.
“We have not eliminated any form of crime in this country. So I don't expect we will be able to eliminate this form of crime anytime soon. What we can do is to make conditions safer for people so that they are less likely to suffer harm and abuse and that when they do they are more likely to come forward and access services and protection.”
A conversation is needed
Human trafficking, which can involve labour or sex exploitation, is defined as a form of modern-day slavery and involves the use of force, fraud, or coercion to obtain services for commercial or other gains through exploitation.
In Namibia, the 2017 Trafficking in Persons Report (TIP) issued by the United Stated Office to monitor and combat trafficking, identified cases of both labour and sex trafficking in the country, including the exploitation of children and women in the sex industry. Martina Vandenberg, the founder and president of the Human Trafficking Centre in the United States, explained that in the United States, an increasing trend is the recognition that children under the age of 18 cannot consent to sex work.
“So the idea that a child can be prosecuted for prostitution is absurd as a legal issue.” She emphasised in order for sex trafficking to be proven in the case of adults there has to be evidence of force, fraud or coercion.
But in the case of a person engaged in commercial or other types of sex work who is under 18, they are by definition trafficking victims “if someone has induced them, without any fraud, coercion or force” that needs to be established. While federal laws have an understanding of that, at the local level many states do not yet consider the age of minors as a barrier to arresting and prosecuting them for prostitution, she noted.
The answer, she explained, is for states to pass safe harbour laws, which would recognise that children cannot be arrested or prosecuted for prostitution.
*Namibian Sun journalist Jana-Mari Smith is in the United States on invitation by the US Department of State's Foreign Press Centre. She has joined 19 other journalists from around the world to take part in an international reporting tour to create awareness and gain insight into combating human trafficking through prevention, protection and prosecution.
JANA-MARI SMITH
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