LGBTQ+ Sex Ruling Rekindles Sex Workers' Hopes
Lesedi Mkhutshwa | Tuesday December 14, 2021 06:00
In October this year, government appealed a High Court decision of June 2019, which unanimously found that the criminalisation of having consensual same-sex relations violates the constitutional rights of lesbian, gay, bisexual, transgender and queer (or questioning) (LGBTQ+) persons to dignity, liberty, privacy, and equality.
When delivering his judgement, CoA president, Ian Kirby said that the criminalisation of same-sex serves only to stigmatise LGBTQ+ persons unnecessarily, something that has a harmful effect on them.
The director of Nothing Without Society (NWUS), Beauty Bayley pointed out that the recent ruling is a motivation to all stakeholders who have been fighting for the legalisation of commercial sex work not to give up (on their fight for the legalisation of commercial sex). Sex workers and various stakeholders have over the years been lobbying the government to legalise commercial sex, to no avail.
Some years ago SISONKE Botswana Association, a national organisation run by sex workers for sex workers, was denied registration by the Department of Civil and National Registration. The organisation had wanted to advance the interests of the working class. Sisonke was later registered under different objectives.
NWUS is a non-governmental organisation, whose mandate is to represent various interests of key populations and vulnerable groups. More often the organisation deals with groups such as sex workers and adolescents who are at risk of contracting HIV.
Bayley emphasised that commercial sex workers should work collaboratively and intensify their fight against the legalisation of sex work.
‘‘Decriminalising commercial sex would help remove the stigma (associated with sex work). This would allow the government to regulate the trade and protect public sex workers from all exploitation of sex work,’’ she said.
LEGABIBO mental health practitioner, Maitumelo Tsekane said that the recent court victory is a win for all minority and vulnerable groups. Tsekane said the court victory should also inspire other minority groups to continue to fight for their rights.
For years, politicians and various stakeholders have been calling for government to legalise sex work. Former assistant minister for Local Government, Botlogile Tshireletso is one of the most notable advocates for the legalisation of commercial sex work.
She argues that legalising commercial sex will help counter the high HIV prevalence rate in the country as many sex workers will be willing to come forward to take several HIV interventions.
This week, Tshireletso said the recent judgement proves that there is a prospect for commercial sex to be legalised in Botswana. She also urged sex workers and their stakeholders to unite and reignite the fight for the decriminalisation of commercial sex.