Presentation by Stacey-Leigh Manoek, at the National Sex Work Symposium, in the third session of Day1; 'Creating an Enabling Environment' (Boksburg, 22 August 2012).

1. HUMAN RIGHTS
DEFENCE, SEX W ORK
AND THE POLICE

2. Presentation outline
1. Human Rights Defence Project Partnership –
Introductions
2. Legal context – laws that criminalise sex work
3. Sex worker human rights challenges
- Police Violence
- confiscation of condoms and use as evidence
- unlawful profiling
- harassment of peer educators and SWEAT
staff
4. . Recommendations to the Ministry of Police

3. “Po lic e to o k m e a nd m y frie nd to the bus h to
s le e p with the m . We we re m o re tha n 5 o f us
but the y c ha s e d us a nd c a ug ht m e a nd m y
frie nd . The y to o k us in the va n a nd to o k us to
the bus h. We trie d to a s k the m whe re the y
we re ta king us a nd whe n we a s ke d the y s a id
we s ho uld s hut up . The y to o k us to the bus h
a nd s a id , “Yo u wa nt to wo rk, a nd s o if y o u
wa nt to wo rk tha n y o u m us t g ive us s e x . ”
Outdoor sex worker, L popo, J 2012
im une

4. Human Rights Defence Project
Collaborative partnership work
Key implementers
The Women’s Legal Centre, Cape Town
Sisonke movement of sex workers
Sex Workers Education and Advocacy Taskforce
Other provincial partners
• Tshwaranang Legal Advocacy Centre (TLAC), Jo’burg
• Thohoyandou Victim Empowerment Project (TVEP), Thohoyandou, Limpopo

5. Every sex worker, a human rights
defender
Broad Objective : To defend sex workers’ human
rights, prevent further abuses and legitimate sex
work law reform (decriminalisation of sex work)
Objectives:
 To document the experiences of sex workers in
relation to human rights abuses;
 To provide legal advice and representation to
individual sex workers; and
 To inform a strategy for future litigation to
advance the human rights of sex workers.

6. Current law and situation
on sex work
Sex work is currently criminalised in South Africa
It is an offence to sell sex, buy sex, and to
engage in certain sex work related behaviour
The criminalisation of sex work is dealt with by
the Sexual Offences Act 23 of 1957, the
Sexual Offences Amendment Act 2007 and
Municipal By – Laws.

7. But in practice...
• The Sexual Offences Act as it stands
only allows for limited prosecution and
requires intensive and intrusive police
methods such as entrapment to secure a
conviction.
• To our knowledge, no sex workers have
been prosecuted under the new
amendment law (SOA, 2007)
• sex workers are seldom prosecuted, and
are more likely to be arrested, harassed
and then released.

8. • Often, municipal by-laws are used to arrest sex
workers instead of the SOA because of the
difficulties involved in proving the elements of the
offence, particularly in relation to the sex worker
• Taken to court within 48 hours after arrest but then
released
o Occasionally receive
 Warning in lieu of bail s72
 Notice to appear in court s56
• The indoor industry is rarely targeted except when the brothel
becomes too high profile or there are community complaints. It
is in these instances entrapment procedures are used.

9. Criminalization breeds abuse
• Police brutality, corruption and unlawful arrests;
• Prosecutors who are unable or unwilling to tackle
crimes committed against sex workers;
• Assault by clients – the police claim that sexual
violence against sex workers is difficult to prove, or
they downplay complaints;
• Stigma by health workers, deterring access to public
health services
• Lack of protection and benefits under labour law, a nd
• Reduced citizenship rights for us and our children.
Evidence to the 2011 UN Global Commission on HIV &
the Law hearings showed this abuse to be the worst in
Africa.

10. The Police perpetrators of some of
the worst acts of violence
“ Ithe n we nt to the build ing , a nd Iwa s a ng ry tha t
the p o lic e m e s s with us a ll the tim e a nd c ha s e
o ur c lie nts a wa y . So Ito ld the o ne p o lic e m a n,
tha t “Ia m g o ing to c a ll the Da ily Sun to te ll the m
tha t the p o lic e c ha s e o ur c lie nts a wa y ”. The n
o ne o f the p o lic e m e n g ra bbe d m e a nd s ta rte d
be a ting m e . He hit m e with his fis t in m y fa c e . He
p e p p e r s p ra y e d m e in m y fa c e . A the y kic ke d
nd
m e a ll o v e r m y bo d y . The y be a t m e fo r a bo ut 1 0
– 1 5 m inute s , e v e n tho ug h it fe lt like a ve ry lo ng
tim e . ”
Female SW, Johannesburg

11. Police Violence Report
P urpose - to explore violence experienced by
SWs ; to inform our work and expose HRVs; to
show why decriminalisation of sex work is the
only long term response
Methodology and sample size - 308 individual
respondents from Cape Town, Johannesburg,
Pretoria, Durban and Limpopo.
Interviewed SWs who approached WLC – during
the Legal Clinic from September 2009 – July
2011

12.  70 percent experienced some form of abuse at
the hands of police.
 The most common are:
 Assault and harassment;
 Arbitrary arrest;
 Violations of procedures and standing orders;
 Inhumane conditions of detention;
 Unlawful profiling;
 Exploitation and bribery; and
 Denial of access to justice.

13. Key Findings
- 7 out of 10 experienced police abuse
- 1 in 6 sexually or physically assaulted
- 1 in 3 harassed by police
- Of the 45% arrested, more than 85 % of the
arrests carried out by police with no
identification
- Almost 50% held more than 48 hours
- 70% detained – were denied access to food
and water
- 40 % fined and said no proper fine procedures

14. Assault and Harassment
 Almost one in six of the sex workers who had
been sexually or physically assaulted by
police.
 They often report being pepper sprayed during
arrest, assaulted at the police station or when
they ask the police officers for reasons for
their arrest

15. Assault findings

16. “O ne o f the s e x wo rke rs wa s s p ra y e d in the
va g ina by p o lic e this y e a r in Jo ha nne s burg ; s he
wa s a ls o be a te n, a nd s he fe ll o n bo ttle a nd s he
s us ta ine d injurie s , a nd tho s e injurie s we re a ls o
p e p p e r-s p ra y e d , inc lud ing the a nus . This is
d o ne
to m a le a nd fe m a le s e x wo rke rs ”
(Female SW, Johannesburg)

17. “Ap o lic e o ffic e r m a d e us s ta nd a lo ng a wa ll in a
line . The re we re be e r bo ttle s a ro und us , a nd the
o ffic e r be g a n s ho o ting the be e r bo ttle s with
rubbe r bulle ts in a wa y tha t ke p t m a king the
bulle ts hit a g a ins t us . The n the y ha nd c uffe d us
a nd to o k us to the p o lic e s ta tio n. ” (Female
SW, Johannesburg)

18. Arbitrary Arrest
 Of the 138 sex workers that approached WLC
who were arrested, only 21 appeared in court,
indicating that the pattern of arresting sex
workers without the intention to prosecute
 SW’s said that they are forced into a police
van and transported to the police station
where they are thrown into a cell until the
following morning, and then they are often
released without the opportunity to appear in
court.

19. Arbitrary Arrest Findings
 Arrested – 138
 Fined – 117
 Notice of Rights - 79
 Appearance in Court - 79

20.  “The p o lic e m e n to ld m e to g e t into the p o lic e
va n. Whe n Ia s ke d the p o lic e m e n why , the y
to ld m e tha t Is ho uld no t a s k a lo t o f q ue s tio ns .
Ito ld the p o lic e tha t Iwa s wa iting fo r m y
b o y frie nd , but the y ig no re d m e a nd p us he d m e
into the va n. Whe n Ig o t into the va n, the re
we re a lo t o f o the r la d ie s in the va n. We we re
a ll ta lking , a nd the n the va n s to p p e d , a nd a
p o lic e o ffic e r o p e ne d up the d o o r a nd he
s p ra y e d p e p p e r s p ra y into the va n, be c a us e
we we re ta lking . Is ta rte d c ry ing be c a us e the
s p ra y b urne d m y e y e s . ”

21. Violations of Procedures and
Standing Orders
 Section 35 of Constitution
 South African Police Act 68 OF 1995
 regulations set out in Standing Orders.
 All sets out the procedures for lawful arrest –
know under arrest, reason for arrest, and custody
 “formal procedures” we mean informing people of
the reasons for their arrest, informing of their
rights in terms of section 35 of the Constitution
and providing them with a Notice of Rights.
 Driven around
 Occurrence books and custody registers

22.  Unlawful arrest – 77
 No identification – 119
 Held longer than 48 hours – 64
 Formal procedures not followed - arrest – 61
 Formal procedures not followed – fined – 48

23. Inhumane Conditions
 Constitution and Standing Orders
 64 out of 138 mentioned inhumane conditions of
the police cells
 Denied medical attention – 11
 Profiled – 28
 Drove around – 38
 Bad conditions – 64
 No phone call – 75
 Family and friends visit – 78
 No water and food water - 94

24.  The fo llo w e ve ning , Iwa s s till in the p o lic e c e ll,
a nd Iinfo rm e d o ne o f the p o lic e o ffic e rs tha t I
am o n A RVs a nd tha t Iha ve to ta ke m y
m e d ic a tio n a t 8 p m o the rwis e Iwill g e t s ic k. I
to ld the p o lic e o ffic e r tha t m y m e d ic a tio n is in
m y b a g . The y re fus e d to g ive m e m y
m e d ic a tio n. ” - Tra ns g e nd e r s e x wo rke r, Ca p e
To wn

25. Profiling
 CPA – no pics or fingerprints until after the person has been
charged
 “The p o lic e o ffic e rs a s ke d m e a lo t o f q ue s tio ns : The y wa nte d
to kno w wha t m y full na m e is , m y a d d re s s , m y c o nta c t d e ta ils ,
m y c hild re n’s na m e s , a nd a te le p ho ne num be r fo r a ne x t o f
kin, s o Ig a v e the m the te le p ho ne num be r fo r m y s is te r. The
p o lic e o ffic e rs a ls o wa nte d to kno w why Ia m d o ing this wo rk,
ho w lo ng Iha ve be e n a s e x wo rke r, wha t Ic ha rg e fo r c e rta in
thing s , a nd ho w m uc h m o ne y Im a ke e ve ry d a y . Ia ns we re d
a ll the ir q ue s tio ns , be c a us e it is no us e to fig ht with the m .
The n the y to ld m e tha t the y ha ve to ta ke a p ic ture o f m e .
The y to o k two p ic ture s , o ne o f the fro nt o f m y fa c e , a nd the
o the r o f the s id e o f m y he a d . The y d id no t ta ke m y
fing e rp rints . ” - Fe m a le s e x wo rke r, Ca p e To wn
 legal advisors for City – stopped doing this

26. Exploitation and Bribery
 Criminalisation – SW”s powerless to enforce
rights and vulnerable to exploitation
 Use municipal by-laws to enforce the laws –
warning, then court appearance
 Of the 117 who were fined, only 69 followed
procedure and received receipts
 More than 4 out of every 10 sw’s fined – incorrect
procedure
 If fines not recorded – inference that police
pocketing it
 10 SW’s reported being bribed by police for
release or not being arrested

27.  “The police cam to m flat and dem
e y anded
m oney from m I gave one of them R because
e. 10
I knew he was hungry.” – F ale sex worker
em
Cape Town

28. Findings

29. Confiscation of Condoms and used
as evidence
“Ithink fro m m y s id e it is the g o ve rnm e nt, the y
d o n’t und e rs ta nd . Be c a us e the y p ut the la w
tha t we m us t us e c o nd o m s to p re ve nt
HI I
V/ADS, but the n the y p ut the la w tha t the
p o lic e m us t a rre s t us if we ha ve c o nd o m s . ”
(Cape Town SW#9)

30.  Purpose: to investigate in-depth how certain
policing practices affect sex workers’ rights and
health
 Methodology and respondents: structured
individual questionnaires, SWs (20) about their
experiences in street-based sex work in the
last 6 months in Cape Town.
 A o 5 outreach workers
ls

31. Key Findings
 9 out of 20 SWs: “There are times I don’t carry
condoms because I am afraid they’ll get me in
trouble with the police”
 8 out of 20 SWs: police had confiscated their
condoms
 7 out of 20 SWS witnessed police confiscating
or destroying other sex workers’ condoms
 Police cite condom possession as a
justification to arrest

32. “Two y e a rs a g o Iwa s s tro lling o n M rto n
ilne
Be a c h, c o p s a s ke d m e if Iha d a ny
c o nd o m s . Ire p lie d y e s a nd he m a d e m e
g ive the m to him a nd s a id Iwa s n’t
p e rm itte d to c a rry c o nd o m s . ” (Cape Town
SW #11).

33. Additional findings
 10 out of 20 sex workers surveyed
characterized their relationship with police as
“bad.
 16 out of 20 sex workers surveyed said they
had been harassed or intimidated by police for
doing sex work

34. Where violence, sex and HIV
collide
 “a metro police drove by and stopped me and I
was running away. Then he called me and
said why am I running away. He forced me to
get inside the van, and he drove around the
neighbourhood to a scary place then he raped
me brutally without a condom. While he was
raping me I asked why he doesn’t use a
condoms and he said, “you are a prostitute
what do you know about condoms” (Female
sex worker, Durban)

35. Problem with this practice
 Hinders rights to protect themselves
 Makes sex workers afraid to carry condoms
 Police destroy condoms – Mpumalanga – forced
to eat them – drive over them – stab the condoms
– forces sex workers to hide condoms - damages
it – or have sex without condoms
 Use possession as a ground to exploit and extort
SW’s
 Police harass outreach workers – sw’s afraid to
collect condoms – use them to identify SW’s
 Criminalisation undermines HIV prevention

36. “Iha d s e x with two p o lic e [o ffic e rs ] a g a ins t m y
will. Iwa s thre a te ne d tha t Iwo uld be s e nte nc e d
s o Iha d s e x with the m . ” (Cape Town SW #19)
“The y d o tha t, ” she said, “the y ta ke the
c o nd o m s a nd the n the y p e p p e r s p ra y a nd the n
the y le a ve . ” (Cape Town SW #7)

37. Recommendations to the Ministry
of Police
 Decriminalise sex work
 Investigate reports of violence and unlawful conduct by officers of its
own institution.
 With the participation of sex workers, establish guidelines, for police
conduct when dealing with the police
 Develop administrative mechanisms for monitoring and responding
to reports of police violence and unlawful conduct to help minimise
such occurrences, to enable the effective responses, and to ensure
the protection of complainants from further victimisation
 Establish a memorandum of understanding between themselves
and sex worker civil rights movements in which they commit
themselves to monitoring reports
 Pass legislation that prohibits condoms as evidence;
 Directives to police to cease the practice of harassing and using
condoms as evidence
 Tell NPA not to accept or use condoms as evicence

39. thank you!