Sex Work in Zambia

It is called the oldest profession and its practice is always fodder for debate.

Sex Work is as old as time and it is mentioned in many holy books like the Bible, which says,

 "For a prostitute is a deep pit and a wayward wife is a narrow well. Like a bandit she lies in wait, and multiplies the unfaithful among men." Proverbs 23:27-28

The bible like many other religious books castigates Sex work it only mentions a few in a good light such as Rahab (who hid the Hebrew spies) and the prostitute who Jesus saved from stoning by the crowd.

Legalising Sex work is a hectic bone of contention with different fences.

Of course many sex workers would want the profession to be legalised in Zambia.

If Zambia legalises it, we will not be the first country to do so, as nations like the Netherlands,   Senegal , Germany, Turkey, Switzerland to mention a few.

Many Zambians experience a cultural shock when they go abroad and see Sex workers been paraded in shop windows .

                                            Maria Jams narrates “when I went to study in the Netherlands I saw women in shop windows been advertised, upon enquiry I discovered that they were Prostitutes.”

Ms Jams says that legalising sex work would not be a bad thing as then it is easier to monitor them and they can pay tax.

Mwansa Banda however disagrees with her sentiments saying the idea itself is preposterous as it promotes immorality in the country.

“How do you explain the selling of an act which in itself is forbidden before marriage? 

We cannot condone such acts especially in the face of the HIV/AIDS pandemic.”

Tasintha Programme angrily hit back at society and statements made by Inspector General of Police Stella Libongani that Sex workers must be arrested.

In a statement signed by Tasintha Programmes’ Board Legal Advisor, Francis Nsokolo and Board Member Reverand Foston Sakala, Tasintha maintained that the sex workers are but a fraction of the cause of HIV.

“While we agree that sex workers are among the players in the spread of HIV/AIDS, we deny that they are the sole cause of spreading HIV/AIDS. 

In fact they are the minority compared to all the other players involved.” 

The statement goes on to say that Tasintha Programme is further concerned with the arrest of Sex workers while leaving out other players.

The law of Economics is simple; without Demand there is no supply and the demand for sex workers is high otherwise why would they so eagerly line the streets come rain, shine or cold weather.

The law of Zambia does not clearly stipulate whether it is illegal to engage in sex work neither does it define it. 

It however states that a sex worker who is behaving in a disorderly manner must be arrested for nuisance.

It also states that a person operating a house, room, and set of rooms or place of any kind for the purpose of sex work will be arrested.

It does not clearly state whether sex work itself as an act is illegal leaving serious loopholes.

Shreeva who is of Indian origin maintains that if sex work is to be legalised it should be strictly monitored.

He gives an example of India where Sex workers are allowed to trade but only in designated areas.

 “In India they are registered and only allowed to operate in brothels and not in the street.” Shreeva says.

When Tasintha complains about the obvious ignoring of other players when arresting sex workers they have a valid point.

In Sweden Men and women who solicit sex workers are arrested as well because they are aiding the act.

Perhaps that is what this country needs it seems punish only one when it takes two to tango?

IN CHINA

It is hard to talk to sex workers especially as this writer is a woman  but the few who agreed requested their names to be withheld thus we have given them other names.

Mwansa says that as much as people say it is a sin they should remove the log from their eyes

“I was married and then my husband died his relatives took a lot of our property because am an orphan I never went to school. I had to find a way to support my family. People should stop calling us immoral, were my in-laws not sinning? ”

Mara, who asks why the police do not arrest men who solicit for their services, echoes her sentiments.

“It’s like marketers you think if people do not buy from them , they would sit and sell in the streets, we get clients I personally have clients who are big bosses, big people they call me. ”

Tanda a Zimbabwean says men go and get sex workers because they can do things that their wives cannot or refuse to do.

“They come and hire us foreign sex workers because generally we are cheaper than local prostitutes.”

So should sex work be legalised?

As can be expected many married women feel it should not perhaps a valid stance considering that many of the sex workers interviewed said that married men are among their largest clientele.

Karen Simataa a Lusaka resident asks what difference criminalizing it will make especially in a country where an extramarital affair is quite as normal.

Her sentiments ring true because we truly are a society that does not frown upon men who have extra marital affaires, au contraire it is a sign of affluence for a man to have an ATM (assistant to the madam).

“Perhaps it is cultural (the roots of polygamy)? Alternatively, maybe it is the fact that there are fewer men than there are women in the world today.” Ms Simataa says

It is time as a society we addressed the root cause instead of merely just cutting the branches of a very large tree.

MONEY MONEY MONEY

  The law is clear enough in that it does not provide specifically mention position, so then why are sex workers been arrested?

Zambia Polices Spokesperson Elizabeth Kanjela explains that the police are there to enforce the law, which states in section 178 (Idle and Disorderly).

The law under subsection 178G states

“Every person who in any public place solicits for immoral purposes;

Are deemed idle and disorderly persons, and are liable to imprisonment for one month or to a fine not exceeding sixty penalty units or to both. “

Thus, law enforcement officers are within their jurisdiction to make arrests, Ms Kanjela further adds that the police do not harass suspects but wait until they have sufficient evidence before making any arrest.

“We follow the law and the law clearly stipulates that anyone found soliciting for immoral purposes should be arrested.”

She adds that as law officers they are law abiding thus if the law changes to allow sex work they will abide by it as well.

So, another day goes by and the sex worker will stand at the corner while the police officer prepares to make arrests.

For after all the police are only abiding by the stipulated law and the sex workers feel victimised.

Perhaps instead of pointing fingers it is time to clearly state in our laws whether sex work is legal or not. 

In my opinion, Sex work is work and ought to be legalised.