Prostitution in Swaziland

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Prostitution in Swaziland is illegal, [1] the anti-prostitution laws dating back to 1889, [2] when Swaziland was a protectorate of South Africa. Law enforcement is inconsistent, particularly near industrial sites and military bases. [1] Police tend to turn a blind eye to prostitution in clubs. [3] There are periodic clamp-downs by the police. [4] [5]

Prostitution Engaging in sexual relations in exchange for payment

Prostitution is the business or practice of engaging in sexual activity in exchange for payment. Prostitution is sometimes described as sexual services, commercial sex or, colloquially, hooking. It is sometimes referred to euphemistically as "the world's oldest profession" in the English-speaking world. A person who works in this field is called a prostitute, and is a type of sex worker.

A protectorate, in its inception adopted by modern international law, is a dependent territory that has been granted local autonomy and some independence while still retaining the suzerainty of a greater sovereign state. In exchange for this, the protectorate usually accepts specified obligations, which may vary greatly, depending on the real nature of their relationship. Therefore, a protectorate remains an autonomous part of a sovereign state. They are different from colonies as they have local rulers and people ruling over the territory and experience rare cases of immigration of settlers from the country it has suzerainty of. However, a state which remains under the protection of another state but still retains independence is known as a protected state and is different from protectorates.

South Africa Republic in the southernmost part of Africa

South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by 2,798 kilometres (1,739 mi) of coastline of Southern Africa stretching along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini (Swaziland); and it surrounds the enclaved country of Lesotho. South Africa is the largest country in Southern Africa and the 25th-largest country in the world by land area and, with over 57 million people, is the world's 24th-most populous nation. It is the southernmost country on the mainland of the Old World or the Eastern Hemisphere. About 80 percent of South Africans are of Bantu ancestry, divided among a variety of ethnic groups speaking different African languages, nine of which have official status. The remaining population consists of Africa's largest communities of Whites, Asian (Indian), and multiracial (Coloured) ancestry.

Contents

Senator Thuli Mswane [6] and NGOs Swaziland AIDS Support Organisation (SASO), Sex Worker Education and Advocacy Taskforce (SWEAT) and Mpumalanga Treatment Action Campaign (TAC) have recommended that prostitution be legalised in Swaziland, in order to allow it to be regulated to reduce harm to the prostitutes and limit the spread of HIV. [7]

HIV human retrovirus, cause of AIDS

The human immunodeficiency viruses (HIV) are two species of Lentivirus that causes HIV infection and over time acquired immunodeficiency syndrome (AIDS). AIDS is a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive. Without treatment, average survival time after infection with HIV is estimated to be 9 to 11 years, depending on the HIV subtype. In most cases, HIV is a sexually transmitted infection and occurs by contact with or transfer of blood, pre-ejaculate, semen, and vaginal fluids. Research has shown that HIV is untransmissable through condomless sexual intercourse if the HIV-positive partner has a consistently undetectable viral load. Non-sexual transmission can occur from an infected mother to her infant during pregnancy, during childbirth by exposure to her blood or vaginal fluid, and through breast milk. Within these bodily fluids, HIV is present as both free virus particles and virus within infected immune cells.

Sex trafficking, [8] child prostitution [9] and HIV [10] are problems in the country.

Sex trafficking trade of sexual slaves

Sex trafficking is human trafficking for the purpose of sexual exploitation, including sexual slavery. A victim is forced, in one of a variety of ways, into a situation of dependency on their trafficker(s) and then used by said trafficker(s) to give sexual services to customers. There are three types of activities defined as sex trafficking crimes: acquisition, transportation and exploitation; this includes child sex tourism (CST), domestic minor sex trafficking (DMST) or other kinds of commercial sexual exploitation of children, and prostitution. Sex trafficking is one of the biggest criminal businesses in the world.

Child prostitution

Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child prostitution is illegal as part of general prohibition on prostitution.

Overview

It was extimated that there were around 4,000 sex workers in the country in 2015, [11] with the highest concentrations in Matsapha, Manzini, Malkerns and Ezulwini. [12] Most sex workers are Mozambican or Swazi. [13] It is reported that sex workers are subject to abuse and forced sex by police. [14] Some prostitutes occasionally travel to other countries, especially Maputo in Mozambique, to work on a temporary basis. [14] Many women and children turn to prostitution because of poverty. [15]

Matsapha is a town in central Eswatini. The Matsapha urban boundary is defined in the Urban Government Act of 1969, and it was amended in 2012, and it covers an area approximately 2,000 hectares. Matsapha was established as an industrial park in 1965 but was official gazetted as an urban area in 1969. Matsapha is located in the Upper Middleveld of Eswatini. It is located in the Manzini region, which is in the centre of the country. Matsapha is located 11 kilometres (6.8 mi) from Manzini, which is the country's commercial capital and is located 35 kilometres (22 mi) from Mbabane, the administrative capital of the country. It is well located as it lies on Eswatini's main east–west axis between South Africa and Mozambique and 16 kilometres (9.9 mi) from the junction of the Lavumisa road that leads to Durban and KwaZulu Natal. It lies at an altitude of 625 metres (2,051 ft) above sea level.

Mozambique country in Africa

Mozambique, officially the Republic of Mozambique, is a country located in Southeast Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west, and Eswatini (Swaziland) and South Africa to the southwest. The sovereign state is separated from the Comoros, Mayotte and Madagascar by the Mozambique Channel to the east. The capital of Mozambique is Maputo while Matola is the largest city, being a suburb of Maputo.

After colonisation; westernisation, the development of urban centres and migrant labour, especially in the mining areas, saw a rise in prostitution. [16] [17] Sex tourism by South Africans occurred in the 1970s, not only further increasing the demand for prostitution, but instigating a move by the sex workers from the mining areas to urban hotels. [16] Swaziland was more liberal than South Africa and had no apartheid laws. [18] [19]

Sex tourism travel to engage in sexual activity

Sex tourism is travel to a different locale for the sake of sexual activity, particularly with prostitutes. The World Tourism Organization, a specialized agency of the United Nations, defines sex tourism as "trips organized from within the tourism sector, or from outside this sector but using its structures and networks, with the primary purpose of effecting a commercial sexual relationship by the tourist with residents at the destination".

Apartheid system of racial segregation enforced through legislation in South Africa

Apartheid was a system of institutionalised racial segregation that existed in South Africa from 1948 until the early 1990s. Apartheid was characterised by an authoritarian political culture based on baasskap, which encouraged state repression of Black African, Coloured, and Asian South Africans for the benefit of the nation's minority white population. The economic legacy and social effects of apartheid continue to the present day.

In 2001, sex workers in Manzini started to offer clients sexual services on credit. [3]

During a 2007 survey, sex workers said their clients included business people, church pastors, Government officials (MPs, cabinet ministers), lawyers, lecturers, police officers, soldiers, foreigners, tourists, doctors and truck drivers. [14]

HIV

HIV/AIDS in Swaziland was first reported in 1986 but has since reached epidemic proportions due in large part to cultural beliefs which discourage safe-sex practices. Coupled with a high rate of co-infection with tuberculosis, life expectancy has halved in the first decade of the millennium. Swaziland has the highest prevalence of HIV as percentage of population 19–49 in the world as of 2016 (27.2%). [10]

Sex workers are a high risk group and HIV prevalence was estimated at 60.5% in 2014. [20] Many clients are reluctant to use condoms and will pay more for unprotected sex. [17]

Sex trafficking

Swaziland is a source, destination, and transit country for men, women, and children subjected to sex trafficking. Swazi girls, particularly orphans, are subjected to sex trafficking, primarily in Swaziland and South Africa. Traffickers reportedly force Mozambican women into prostitution in Swaziland, or transport them through Swaziland to South Africa. Some Swazi women are forced into prostitution in South Africa and Mozambique after voluntarily migrating in search of work. Reports indicate a downturn in the textile industry following loss of eligibility under the African Growth and Opportunity Act in 2015 has led textile workers to follow promises of employment in neighbouring countries, potentially increasing their vulnerability to trafficking. [8]

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Swaziland as a "Tier 2 Watch List" country. [8]

Related Research Articles

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 the only country in Africa to not only legalise prostitution but also 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 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 Guyana is illegal but widespread. Prostitution law is antiquated and dates from the colonial era. Law enforcement is inconsistent and sex workers report violence and abuse by the police. Many turn to prostitution for economic reasons and the lack of other job opportunities. Prostitution continues to receive greater public attention due to the high incidence of HIV/AIDS among prostitutes. Prostitution in the country is separated into three types: "uptown", servicing affluent clients, "downtown", servicing the working classes, and mining sites. UNAIDS estimate there to be 6,000 prostitutes in the country.

HIV/AIDS in Eswatini was first reported in 1986 but has since reached epidemic proportions due in large part to cultural beliefs which discourage safe-sex practices. As of 2016, Eswatini has the highest prevalence of HIV among adults aged 15 to 49 in the world (27.2%). The HIV/AIDS epidemic in Eswatini, having contributed largely to high mortality rates among productive Swazi age groups, has adversely affected the country’s socioeconomic status and hindered its overall development.

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

Prostitution in Burkina Faso is not specifically prohibited by the law, but soliciting and pimping are illegal. Burkinabe society only accepts sexual intercourse within marriage. In 2009, Voice of America reported that the number of prostitutes in Burkina Faso had increased as a result of the country's poverty. The increase in prostitution has given rise to fears of an increase in the number of Burkinabés infected with HIV and AIDS. UNAIDS estimate there to be 31,000 prostitutes in the country.

Prostitution in Tanzania is illegal but widespread. UNAIDS estimate there to be 155,450 prostitutes in the country. Many women and young girls are forced into prostitution due to poverty, lack of job opportunities, culture, and the disintegration of the family unit. Many university students have to turn to prostitution for economic reasons.

Prostitution in Africa sex

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 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.

Prostitution in Uzbekistan is illegal but common, especially in Samarkand, Fergana, and the capital, Tashkent. Prostitution has increased within the country since the collapse of the Soviet Union. UNAIDS estimate there are 22,000 sex workers in the country. 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 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 33,00 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 Guinea-Bissau is common and there are no prostitution laws. In 2016 it was estimated there were 3,138 prostitutes in the country. Often it is associated with other crimes: Many pimps are also reported to be drug dealers. Poverty leads many women to be tempted into prostitution and cocaine addiction.

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

Prostitution in Burundi is illegal but is commonplace and on the rise. Prostitution is prevalent in all areas of the country, and especially in the largest city, Bujumbura, and prior to the security crisis in 2015, the tourist areas around Lake Tanganyika. UNAIDS estimate there are 51,00 prostitutes in Burundi. Many women have turned to prostitution due to poverty.

Prostitution in Somalia is officially illegal. Although forced marriages exist in areas under insurgent control, there is generally very little voluntary prostitution in the country according to the African Medical Research and Education Foundation (AMREF). UNAIDS estimated there were 10,957 sex workers in Somalia in 2016.

References

  1. 1 2 "The Legal Status of Prostitution by Country". ChartsBin. Retrieved 14 January 2018.
  2. ↑ "Swaziland Crimes Act-61 of 1889" (PDF). Organisation of South African Law Libraries. Retrieved 14 January 2018.
  3. 1 2 "Swaziland-prostitutes: Swazi prostitutes offer credit to 'esteemed customers'". Agence France-Presse. 27 August 2001. Archived from the original on 25 April 2003. Retrieved 14 January 2018.
  4. ↑ Dlamini, Jabulisa (7 August 2017). "Day, night raids on Manzini sex workers". Times Of Swaziland. Retrieved 14 January 2018.
  5. ↑ Malinga, Lindelwa (10 August 2017). "Cops swoop on Mbabane, Lobamba sex workers". Times Of Swaziland. Retrieved 14 January 2018.
  6. ↑ "SWAZILAND: Controversy Over Calls To Legalise Sex Work". CABSA. 21 October 2009. Retrieved 14 January 2018.
  7. ↑ "Swaziland Told To Legalise Prostitution, Gay Marriage". African Eye News Service, Swaziland. 30 September 2009. Retrieved 14 January 2018.
  8. 1 2 3 "Swaziland 2017 Trafficking in Persons Report". U.S. Department of State. Retrieved 14 January 2018.PD-icon.svgThis article incorporates text from this source, which is in the public domain.
  9. ↑ Chawane, Nomvula (23 October 2015). "Under-age prostitution rife in the city | Mpumalanga News". Mpumalanga News. Retrieved 14 January 2018.
  10. 1 2 "Swaziland 2017 Country factsheet". UNAIDS . Retrieved 23 July 2018.
  11. ↑ "Sex workers: Population size estimate - Number, 2016". www.aidsinfoonline.org. UNAIDS. Retrieved 21 July 2018.
  12. ↑ Shaw, Cassandra (3 November 2014). "The four sex hot spots". Times Of Swaziland. Retrieved 14 January 2018.
  13. ↑ Swaziland. State.gov (2006-03-08). Retrieved on 2011-04-02.
  14. 1 2 3 Swaziland Government. Ministry of Health and Social Welfare (2007). "Situational analysis on commercial sex work in Swaziland". National HIV and AIDS Information and Training Centre. Retrieved 14 January 2018.
  15. ↑ "Risky business: report sheds new light on sex trade". IRIN. 14 December 2007. Retrieved 14 January 2018.
  16. 1 2 Harrison, D (1994). "Tourism and prostitution: sleeping with enemy? The case of Swaziland". University of Sussex. Retrieved 14 January 2018.
  17. 1 2 Sheldon, Kathleen (2005). Historical dictionary of women in Sub-Saharian Africa. Lanham (Maryland): Scarecrow Press. ISBN   978-0810853317.
  18. ↑ Timothy, Dallen J. (2012). Tourism and political boundaries. London: Routledge. ISBN   978-0415510561.
  19. ↑ "Swaziland - Ethical Travel Guide". Ethical Travel Guide. Retrieved 14 January 2018.
  20. ↑ "HIV prevalence amongst sex workers". www.aidsinfoonline.org. UNAIDS. 2016. Retrieved 22 July 2018.
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