Prostitution in Malawi

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Prostitution in Malawi is legal [1] [2] [3] and prevalent around hotels and bars in urban and tourist areas. [2] Living off the proceeds of prostitution is illegal. [1] [3] In 2015, it was estimated there were 20,000 sex workers in the country. [4]

Contents

Human trafficking, [5] HIV [6] and child prostitution [7] [8] are problems in the country.

Overview

Whilst some street prostitution occurs, because of police harassment its extent is limited. [9] Most prostitution occurs in bars and hotels. [1] [10] "Bar girls" are employed by the owners on very low wages; they make up their money by prostitution. [9] Although prostitutes in bars are mostly employed by the bar owners, there are some freelance girls who will try to attract customers by moving from bar to bar. [9] [10] Food handling hygiene rules require all staff employed in bars to have monthly health checks, but this is not always enforced. [9] Often the bar girls are from rural areas, moving to the towns and cities in search of lucrative employment. [9] [10] [11]

Sex workers and NGOs report harassment and abuse from the police, including violence, theft and forced sex. [1] [3] [12] They also report that police take no action if abuse or violence by clients is reported to them by sex workers. [1] [3]

Prostitution also occurs around the logging centres of Luwawa, Nthungwa, Raiply and Kalungulu. [13] [14] The prostitutes work from small shacks around the villages in the forests. [13] [14]

In previous years many women from Malawi went to work in Zambia's copperfields as prostitutes. The road leading towards Zambia came to be known as mtengamahule (conveyor of prostitutes). The border was subsequently closed to "unmarried women". [9]

Section 146 of the Malawi Penal Code prohibits living off the earnings of prostitution. This has been interpreted by the courts to include a sex worker's own earnings, effectively making prostitution illegal. [1] [3] Section 184(c) of the Penal Code makes an offence of: "every person in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose, is deemed a rogue and vagabond". [15] (This law is based on the British Vagrancy Act 1824). [16] [17] This legislation was used to target sex workers. [1] [3] [17]

A group of 14 sex workers were arrested in 2009 in the southern city of Mwanza. They were taken to a hospital and forcibly given HIV tests. The results of the tests were later read out in open court. The sex workers subsequently sued the Malawi government for "damages as compensation for violation of their constitutional rights and trauma suffered as a result of actions of the police and a hospital”. [18] High Court judge, Dorothy Kamanga, ruled that the sex workers should be compensated, and that the actions of the police and health workers were "irrational, unjust, unfair and unreasonable." [4]

In September 2016, the Zomba High Court ruled that Section 146 of the Penal Code was meant to protect sex workers against exploitation, not criminalise sex workers. [1] [19] The court overturned the conviction of the 19 sex workers that had appealed against conviction by a magistrates court. [19]

In January 2017, three judges of the Malawi High Court declared section 184(1)(c) of the Penal Code unconstitutional and invalid. [16]

HIV

Like other Sub-Saharan Africa countries, HIV is a major problem in Malawi. In 2016 the adult prevalence rate was 9.2%. [6] Sex workers are a high risk group with a 24.9% prevalence rate in 2016. [20] The reluctance of clients to use condoms, and lack of access to health services for sex workers are contributory causes. [3] [9] [10] Clients may offer up to 4 times the usual rate for sex without a condom. [9] Condoms are also in short supply in some areas of the country. [14]

Sex trafficking

Malawi is a source country for women, and children subjected to sex trafficking. To a lesser extent, it is a destination country for men, women, and children from Zambia, Mozambique, the African Great Lakes region, and the Horn of Africa who are subjected to sex trafficking, and a transit country for people from these countries exploited in South Africa. Traffickers, primarily facilitators or brothel owners, typically lure children from their families in rural areas under pretences of employment opportunities, clothing, or lodging for which they are sometimes charged exorbitant fees, resulting in prostitution coerced through debts. Traffickers subject young girls to sexual exploitation in nightclubs or bars. Malawian victims of sex trafficking have been identified in Mozambique, South Africa, Zambia, and Tanzania. Some young girls are drugged, gang-raped, and exploited in commercial sex. Some girls recruited for domestic service are instead forced to marry and subsequently subjected to child sex trafficking by their “husbands”. Fraudulent employment agencies lure women and girls to Gulf states where they are exploited in sex trafficking. [5]

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Malawi as a Tier 2 country. [5]

See also

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Prostitution in Myanmar is illegal, but widespread. Prostitution is a major social issue that particularly affects women and children. UNAIDS estimate there to be 66,000 prostitutes in the country.

Prostitution in Guatemala is legal but procuring is prohibited. There is an offence of “aggravated procuring” where a minor is involved. Keeping a brothel is not prohibited.

Prostitution in Senegal is legal and regulated. Senegal has the distinction of being one of the few countries in Africa to legalize prostitution, and the only one to legally regulate it. The only condition that it is done discreetly. Prostitution was first legalised in 1966. UNAIDS estimate that there are over 20,000 prostitutes in the country. The average age for a sex worker in Senegal is 28 years old and female.

Prostitution in Paraguay is legal for persons over the age of 18, but related activities such as brothel keeping are prohibited. Prostitution is common in the country. Brothels are also common, even some rural villages have a small bar/brothel on the outskirts.

Prostitution in Georgia is illegal but widespread, particularly in the capital, Tbilisi. Many NGO's attribute this to the harsh economic conditions according to the US State Department. Prostitution occurs on the streets, in bars, nightclubs, hotels and brothels. UNAIDS estimate there are 6,525 prostitutes in Georgia.

Prostitution in Zambia is legal and common. Related activities such as soliciting and procuring are prohibited. UNAIDS estimate there are 9,285 prostitutes in the capital, Lusaka. Many women turn to prostitution due to poverty. Sex workers report law enforcement is corrupt, inconsistent and often abusive.

Prostitution in Uganda is illegal according to Uganda's 1950 Penal Code, but is widespread despite this. Many turn to prostitution because of poverty and lack of other opportunities. A study of Kampala teachers in 2008 showed that teachers were turning to prostitution to increase their income. A sex worker can earn around USh.1.5 million/= (£439 sterling) per month, whereas this would be a yearly wage for a secondary school teacher. There are many Kenyan prostitutes in the country.

Prostitution in Rwanda is illegal in all aspects. Prostitutes, clients and any involved third parties are criminalised by the country's Penal Code. However, a draft of a new Penal Code that does not prohibit prostitution was presented for debate in the Rwandan Parliament in December 2017.

<span class="mw-page-title-main">Prostitution in Africa</span> Overview of the legality and practice of prostitution in Africa

The legal status of prostitution in Africa varies widely. It is frequently common in practice, partially driven by the widespread poverty in many sub-Saharan African countries, and is one of the drivers for the prevalence of AIDS in Africa. Senegal and Côte d'Ivoire permit the operations of brothels. In other countries, prostitution may be legal, but brothels are not allowed to operate. In some countries where prostitution is illegal, the law is rarely enforced.

Prostitution in Namibia is legal and a highly prevalent common practice. Related activities such as solicitation, procuring and being involved in the running of a brothel are illegal. A World Bank study estimated there were about 11,000 prostitutes in Namibia.

Prostitution in Eritrea is legal and regulated. Official figures state there are around 2,000 prostitutes in the country, who are not allowed to operate near schools, hospitals, and churches. According to the 2009 Human Rights Reports, security forces occasionally follow women engaged in prostitution and arrest those who had spent the night with a foreigner. Some women enter prostitution due to poverty. Prostitutes are known locally as "shermuta" in Arabic, or "mnzerma" and "me'amn" in Tigrinya.

Prostitution in Uzbekistan is illegal, but prostitution has increased within the country since the collapse of the Soviet Union. UNAIDS estimated there to be 22,000 sex workers in the country in 2019. Many of the women have turned to prostitution in Uzbekistan because of poverty.

Prostitution in Togo is legal and commonplace. Related activities such as solicitation, living off the earnings of prostitution or procuring are prohibited. Punishment is up to 10 years imprisonment if minors or violence is involved.

Prostitution in the Democratic Republic of the Congo is legal but related activities are prohibited. The Congolese penal code punishes pimping, running a bawdy house or brothel, the exploitation of debauchery or prostitution, as well as forced prostitution. Activities that incite minors or promote the prostitution of others have been criminalised. The government does little to enforce the law. During the colonial era and the years that followed independence, the Ministry of Health issued calling cards identifying professional sex workers and provided them with medical health checks. However, this system was abandoned in the 1980s. Public order laws are sometimes used against sex workers. Street prostitutes report harassment, violence and extortion from the police. UNAIDS estimated there are 2.9 million sex workers in the country.

Prostitution in Niger is illegal but common in the cities, near mines and around military bases. UNAIDS estimate there are 46,630 sex workers in the country. Many have turned to prostitution because of poverty.

Prostitution in Botswana is not illegal, but laws such as public disorder, vagrancy, loitering and state recognised religious provisions are used to prosecute prostitutes. Related activities such as soliciting and brothel keeping are illegal. Botswana has made proposals to make prostitution legal to prevent the spread of AIDS. However, there has been mass opposition to it by the Catholic Church. Prostitution is widespread and takes place on the street, bars, hotels, brothels and the cabs of long-distance trucks.

Prostitution in Angola is illegal and prevalent since the 1990s. Prostitution increased further at the end of the civil war in 2001. Prohibition is not consistently enforced. Many women engage in prostitution due to poverty. It was estimated in 2013 that there were about 33,000 sex workers in the country. Many Namibian women enter the country illegally, often via the border municipality of Curoca, and travel to towns such as Ondjiva, Lubango and Luanda to work as prostitutes.

Prostitution in Ivory Coast is legal, but associated activities, such as soliciting, pandering or running brothels, are illegal. Sex workers report law enforcement is sparse and corrupt. Police sometimes harass sex workers and demand bribes or sexual favours. Transgender prostitutes are often targeted by police and soldiers and subjected to violence. It was estimated in 2014 that there were 9,211 prostitutes in the country.

Prostitution in Benin is legal but related activities such as brothel keeping and benefiting from the prostitution of others are illegal. UNAIDS estimates there to be about 15,000 prostitutes in the country. Most of these are migrants from neighbouring countries, mainly Nigeria, Togo and Ghana. Only 15% of the prostitutes are Beninese. Prostitution occurs on the streets, in bars, restaurants, hotels and brothels. With advent of the smartphone, many prostitutes use apps to make arrangements with clients.

References

  1. 1 2 3 4 5 6 7 8 "Sex Work Law - Countries". Sexuality, Poverty and Law. Retrieved 10 January 2018.
  2. 1 2 "The Legal Status of Prostitution by Country". ChartsBin. Retrieved 10 January 2018.
  3. 1 2 3 4 5 6 7 "Universal Periodic Review of Malawi" (PDF). Sexual Rights Initiative. May 2015. Retrieved 10 January 2018.
  4. 1 2 "Malawi sex workers win court case". IOL News. 22 May 2015. Retrieved 11 January 2018.
  5. 1 2 3 "Malawi 2017 Trafficking in Persons Report". U.S. Department of State. Archived from the original on 3 July 2017. Retrieved 11 January 2018.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  6. 1 2 "Malawi 2017 Country factsheet". UNAIDS . Retrieved 23 July 2018.
  7. ↑ "Malawi: Prostitution fuelled by poverty and parental neglect". Rnw.nl. 2009-09-28. Archived from the original on 13 February 2010. Retrieved 2013-10-17.
  8. ↑ "Malawian girls queue up for sex to survive". News24. 30 March 2016. Retrieved 11 January 2018.
  9. 1 2 3 4 5 6 7 8 Forster, Peter G (2000). "Prostitution in Malawi and the HIV/AIDS Risk" (PDF). University of Hull. Retrieved 11 January 2018.
  10. 1 2 3 4 Kishindo, Paul (1995). "Sexual behaviour in the face of risk: the case of bar girls in Malawi's major cities". University of Malawi. CiteSeerX   10.1.1.487.3569 .
  11. ↑ "Malawi girls flock to Karonga in pursuit of the 'oldest profession'". The Maravi Post. 11 December 2016. Retrieved 11 January 2018.
  12. ↑ "Malawi sex workers alliance demand respect, legalisation of prostitution". Nyasatimes.com. Archived from the original on 4 March 2016. Retrieved 2013-10-17.
  13. 1 2 "Sawyers queue for unprotected sex in Chikangawa". www.malawitoday.com. 2012-02-03. Archived from the original on 20 April 2017. Retrieved 2013-10-17.
  14. 1 2 3 "The strange life of a sex worker in Malawi". GlobalPost. 2012-02-07. Retrieved 2013-10-17.
  15. ↑ "Malawi: Challenging constitutionality of rogue and vagabond offence". SALC. 28 January 2017. Retrieved 10 January 2018.
  16. 1 2 "Press statement: Malawi High Court declares rogue and vagabond offence unconstitutional". SALC. 11 January 2017. Retrieved 11 January 2018.
  17. 1 2 "Malawi using outdated law on rogue and vagabond - The Nation Online". The Nation Online. 13 July 2013. Retrieved 10 January 2018.
  18. ↑ "Malawi sex workers seek damages". The Citizen. 25 February 2014. Retrieved 11 January 2018.
  19. 1 2 "Malawian Court Rules in Favour of Sex Workers". Global Network of Sex Work Projects. 3 November 2016. Retrieved 11 January 2018.
  20. ↑ "HIV prevalence amongst sex workers". www.aidsinfoonline.org. UNAIDS. 2016. Archived from the original on 22 July 2018. Retrieved 22 July 2018.
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