The fight to protect the rights of sex workers in South Africa has been long and arduous, with policymakers focusing on moral standings over cold, hard facts. In August 2017, Ishtar Lakhani criticized the South African Law Reform Commission’s report, which recommended keeping sex work illegal and adding a partial criminalization option. She argued that fully decriminalizing sex work is essential for better health, justice access, and human rights for sex workers, emphasizing the violence and discrimination they face due to criminalization.
Though it’s the oldest profession on earth, decriminalizing it has proven particularly tricky. Supporters argue it reduces stigma and enhances safety, citing successes in Germany, New Zealand, and the Netherlands. Critics claim legalization has led to increased sex tourism and human trafficking. The Nordic model, which criminalizes purchasing sex while decriminalizing its sale, aims to curb demand but is criticized for pushing sex work underground, increasing its risks. Both sides prioritize human rights but propose clearly conflicting solutions.
Now, South Africa is set to become the first African nation to decriminalize sex work through the Criminal Law (Sexual Offences and Related Matters) Amendment Bill of 2022, which replaces the 1957 Sexual Offences Act. Approved by Cabinet on 30 November 2022, this Bill repeals outdated laws, prioritizing improved protection, healthcare access, and human rights for sex workers in line with the National Strategic Plan on Gender-Based Violence and Femicide. It adopts a two-step approach, first focusing on decriminalization and then regulation.
Established in Cape Town in 1994, the Sex Workers Education and Advocacy Task Force (SWEAT), has a history of organizing and advocating for sex workers. SWEAT has fostered two significant movements: the African Sex Worker Alliance (ASWA) and the national Sisonke movement. Their vision is a South Africa where sex workers can enjoy freedom, rights, and dignity. SWEAT employs an evidence-based, human rights approach to promote sex workers’ health and well-being, emphasizing holistic wellness.
This weekend, the SWEAT board met to address a multitude of pressing issues as it navigates the uncertain waters of funding and organizational continuity. The periodic panic around the possibility of losing key funding had clear implications on the managerial complexities associated with restructuring and retaining staff, and the kind of programs that could be implemented. Central to these discussions was the growing awareness that SWEAT has become a lower funding priority as SA is increasingly perceived as less in need compared to other countries on the continent.
Despite their strong pedigree, organizations like SWEAT consistently face significant challenges due to funding interruptions. While they have established a precedent of automatic contract renewals for sub-recipients, this has not eliminated their vulnerabilities. Most organizations have reserves but finding the right balance between maintaining programs and navigating the evolving funding landscape is key. The need to adapt programs to meet shifting funder priorities—ranging from addressing healthcare access barriers to more medicalized initiatives—adds extra pressure to SWEAT’s already dynamic work.
Parallel to funding battles, SWEAT’s advocacy work remains necessary and robust. The election of new political entities and the dynamic landscape of allies and opponents in government require continued engagement and strategic lobbying. The goal is achieving decriminalization through law reform, a potentially more holistic and cooperative route compared to litigation alone. But SWEAT is also active in the community, spearheading initiatives like Sex Worker Pride. Hosting public events like these boosts community morale and increases the potential for external support.
You don’t have to be that invested in protecting sex workers’ rights or addressing gender-based violence and healthcare access to know that sex workers are people too, who deserve love and respect just like everyone else. You don’t have to engage in sex work to advocate for their rights. The gag is, you probably are in one way or another. SWEAT comes in and takes the guesswork out by consistently leveraging advocacy to support the sex worker community on your behalf, with tenacious resolve and adaptability—traits that are part of its long and luscious legacy.
