Protect sex workers’ rights

Globally, women are involved in sex work for a variety of reasons.

Since time immemorial, the women, usually referred to as sex workers, have been stigmatised as a vulnerable and marginalised group.

Although not all sex workers are women, most of them are.

With this in mind, the Centre for Human Rights Education, Advice and Assistance (Chreaa), Southern Africa Litigation Centre (Salc) and the Female Sex Workers Association of Malawi (FSWA) stand in solidarity in acknowledging this year’s International Women’s Day theme, #EmbraceEquity, by taking actions that promote true inclusion and belonging in a world with immense diversity.

 The term “sex worker” recognises that sex work is work.

In Malawi, there is no law that expressly criminalises sex work or prevents sex workers from living on their earnings.

Despite this, sex workers routinely face basic civil rights violations by the Malawi Police Service.

This is why we believe that equitable actions need to be undertaken so that sex workers’ rights are included in all efforts to advance women’s rights.

Police violence and abuse of power needs to stop.

Sex workers in the country have routinely complained of being targeted when police conduct mass arrests using petty offence laws such as those of being idle and disorderly.

Once in custody, sex workers arrested in these sweeping exercises have a deep fear of being forced to pay bribes or sleep with police officers to be released from custody.

Since sex workers rarely report abuses against them, abusers become emboldened as they believe that they will not have to bear any consequences for their actions.

In December 2020, the African Court on Human and Peoples’ Rights criticised petty offence laws for having the effect of punishing poor and underprivileged people.

The African Court held that these laws specifically target persons who are seen as  undesirable in society such as sex workers.

When such people are given different treatment and subjected to abuse and violence because of their status, this violates their right to equality and non-discrimination before the law.

In November 2022, the High Court in Zomba reiterated the sentiments of the African Court and criticised police sweeping exercises for tending to have very general objectives by subjecting people to arrest for being on the street at night; even when there is no proof that they have committed a specific offence or engaged in suspicious activity.

 “If there are any laws that hold the police accountable, we suggest that grassroots communities are taught these laws. If there are none, we suggest that relevant authorities should make such laws,” said a sex worker in Dedza.

To send a strong warning to would-be offenders, the sex worker called for wide publication of punishments given to police officers arrested for abuse of their powers.

Chreaa and Salc are currently implementing a project in the district to ramp up community empowerment against police abuses of power.

In conclusion, Salc, Chreaa, and FSWA call upon the Malawi Police Service and Government to consider police actions from the point of view of those most affected by them.

We ask formal complaints bodies, including the Independent Complaints Commission, to take equitable actions to create an enabling environment that is inclusive by looking into the needs of those most vulnerable to police abuse.

As the year progresses, we hope that increased dialogue between the police, affected communities and complaints bodies will result in a situation where vulnerable groups may feel to be seen, heard, and included in dialogues concerning issues they face and approach the police for protection, instead of fearing violence and arrests from them. Lastly, we stand in solidarity with the sex workers’ community and hope for a future where everyone can work safely with respect, free from fear of prejudice or stigma.