Advocates argue that the bill, rather than addressing the root issues surrounding sexual offences, further stigmatises and marginalises vulnerable populations.
In their plea AWAC, a feminist, umbrella network of grassroots Female Sex Workers (FSW) is calling for the decriminalization of sex work as a vital step towards safeguarding the health and safety of individuals in the industry. As the bill moves forward, these groups are urging lawmakers to reconsider its implications and prioritize the well-being of vulnerable populations.
On the 14th of this month, Soroti District Woman Representative Adeke Anna presented the new Sexual Offences Bill 2024. This bill comes after the previous version was rejected by President Yoweri Museveni, who argued that Parliament should focus on a complete review of the country’s criminal laws instead of making small changes.
In Adeke’s new bill clauses 12, 13, 14 (Part Two) and clause 38 in Part Six, pause strict punishment to those in this sector of transactional sex.
12. Brothels; A person who knowingly keeps a house, room or place of any kind for purposes of facilitating the commission of an offence under this Act commits an offence and is liable, on conviction, to imprisonment for seven years.
13. Prohibition of prostitution; A person who practices or engages in prostitution commits an offence and is liable, on conviction, to imprisonment for two years.
14. Prohibition of sexual acts with a prostitute; A person who engages in a sexual act with a prostitute commits an offence and is liable, on conviction, to imprisonment for two years
38. Attempts to commit a sexual offence; Except as otherwise provided in this Act, a person who attempts to commit an offence under this Act commits an offence and is liable, on conviction, to imprisonment for one year.
In an exclusive interview Watchdog Uganda conducted with AWAC, the above clauses are specifically intended to attack a specific group of people and according to Ms. Macklean Kyomya, Executive Director of AWAC Uganda.
“For sex workers, we still have reservations about this bill. First, we feel that the entire document revolves around sex work. While we recognize that sex work is a form of labour, we also acknowledge that Uganda’s policies and laws do not officially recognize it, preferring instead to label sex workers as “prostitutes.”
We express our dissatisfaction with this bill, particularly concerning the clauses highlighted within it. To be honest, we cannot simply sit back and fold our hands and accept this,” she said.
She said that while the Bill has its merits, she is disappointed that it proposes laws that continue to criminalize sex work. In today’s world, Ms Kyomya believes that Parliament should be focusing on reviewing and updating the country’s penal code. “We need to consider our current population and find ways to create laws that decriminalize sex work in Uganda.”
AWAC as an organization advocating for women’s rights currently engages with around 32,000 female sex workers across the country. Their work includes providing essential services, implementing livelihood programs, conducting research, and advocating for policies that align with the Sustainable Development Goals.
However, the organization expressed concern that their efforts have often been overlooked when such Bills are tabled without any consultations from stakeholders. Previous studies conducted with support from the Ministry of Health and the School of Public Health, indicate that approximately 130,000 sex workers in Uganda openly identify as such, excluding those who remain silent about their work. This situation underscores the need for greater recognition and support for the organization’s initiatives.
With such a Bill enacted into law, this means over 6 constituencies will be completely left out unbudgeted or planned for; “Now, looking at this new bill, it seems aimed at eradicating sex work. Unfortunately, it’s too late for that, as sex work has existed since before the time of Jesus Christ. This indicates that the population of sex workers will continue to grow. When discussing the section concerning prostitution, I want to be very specific about my concerns.” she said.
This perspective highlights the enduring nature of sex work and the need for a more realistic approach to its regulation in society.
The Language of the Bill
“Clauses 13 and 14 use the word ‘prostitution.’ However, according to Ms Immaculate Owomugisha, the Executive Director of the Centre for Women Justice Uganda and a social lawyer, the Bill heavily targets sex workers although it does not use the term ‘sex work.’ Instead, it employs language from colonial-era texts in the Penal Code, specifically the term ‘prostitution,’ which is not aligned with the African context.
“For us as advocates, particularly as human rights advocates, it is important to note that Uganda is currently a signatory to national, regional, and international documents, including the Convention on the Rights of Women, which emphasizes that we should use the term ‘sex work’ instead of ‘prostitution.’ This law targets communities of people who earn a living through sex work, yet the law still refers to them as prostitutes. Prostitution is already criminalized under the Penal Code Act, and this law further exacerbates that criminalization. This indicates that, as a country, we are specifically targeting a certain community and are unwilling to support them in their right to work and earn a living, as their profession is being criminalized.”
According to Counsel Owomugisha, the framers of the bill used the term “prostitution” to win favour with the public, even though this contradicts the international agreements to which Uganda is a signatory. This is a blatant indication that the bill has a specific target.
Clause 12, states that a person who knowingly keeps a house, room or place of any kind for purposes of facilitating the commission of an offence under this Act commits an offence and is liable, on conviction, to imprisonment for seven years.
According to Ms. Owomugisha, the Bill does not only criminalize individuals who are engaging in sex work, or what the law refers to as “prostitutes,” but it also criminalizes the premises where sex work is conducted, including the bars and lodges.
“The law states that a person who knowingly keeps a house, room, or any place to facilitate the commission of an offence under this Act commits an offence. Brothels are places where sex work is conducted, so this bill extends to criminalizing people who provide facilities for members of the sex work community to conduct their business. The punishment for this is set at seven years. Therefore, the law is not only criminalizing individuals but also extending to those who own the places where this work is conducted,” she said.
As activists, they see this as a clear violation of the right to work. “If you criminalize my work and also criminalize the place where I do my work, then you are essentially telling me that I cannot work in the country. This is a total violation of the right to work for people who rely on sex work. Furthermore, the law also prohibits individuals who practice or engage in prostitution from committing an offence, for which they are liable. If you are caught engaging in sex work, you could face imprisonment for up to two years.”
She added; “Again, I view this as a violation. As mentioned earlier, we have committed our country to international agreements that protect the rights of everyone. Targeting sex work is completely wrong; we need to decriminalize it and allow people to be who they are, including their right to work. Criminalizing sex work does not address sexual offenses, as we continue to see daily cases of rape and defilement in the media.”
Ms. Kyomya also noted that Parliament must know that sex work is work. “When you talk about brothels, they are also saying that a person who knowingly keeps a house, room, or place for such purposes is committing an offense. These are brothel managers, lodge owners, and other people. For example, a man and a woman might come to a lodge to relax, not in their home. How are they going to determine or measure that the person knew the visitors were there for sexual services? But still, regardless of the method, they are trying to clamp down on sex work. To be honest, this is not the approach we need in this era!”
She added, that the law has already clamped down on small-scale sex workers, and now it’s extending to hotel-based workers and street workers. This means more people, including those wrongly assumed to be sex workers, may fall victim to the crackdown. “There is concern that members of parliament, particularly men, supporting this bill could become targets themselves. The bill might empower individuals, including women, to use it to trap men, potentially damaging marriages.”
“The misconception about sex work is that it always involves sexual intercourse, but some men seek emotional support, therapy, or counselling from sex workers. Decriminalizing sex work could reduce human trafficking, as sex workers would be better able to identify and report minors being exploited in the trade. This approach could help prevent the exploitation of young girls,” she added.
Cultural/Religious Norms Vs Reality of Life
In the previous Bill, the framers had put in a proposal to decriminalise prostitution as it was put, but the Parliamentary legal committee, refused it alluding that Uganda is religious and as Parliament, they need to protect their generation.
However, while speaking to Mr Micheal Ssemakula the Director of Programs AWAC, he revealed that in most cases most members front-lining such bills are always out of touch with the realities of life and the job allocation sequences in Uganda.
He added that the right to life includes the right to health. This means that as the lawmakers create policies, they should meet people’s needs and comply with the Constitution. “While decriminalizing certain behaviours, we must acknowledge that religion and culture play important roles in our lives, but cultures evolve due to modernization and societal changes. We must respect these changes while upholding cultural values.”
Mr. Ssemakula gave an example noting that sex workers exist due to circumstances beyond their control, and they deserve protection, not isolation or discrimination.
“If someone chooses to change their path, that should be respected too. As we design laws, we must balance cultural values with current realities. Society today is different from 40 years ago. Joblessness and other challenges have pushed people into different situations, but as long as they aren’t harming others, they should be protected by laws that promote social cohesion and harmony. We must move beyond personal biases and open our eyes to the realities of the present day, where Uganda has changed significantly from the past,” he said.
Mr. Ssemakula also faulted the lawmakers front-lining such bills for not engaging with communities for whom they make laws for asserting that the principle of community engagement and transparency is important for good governance.
“This means that people should have a meaningful role in the development of laws. However, this seems to be missing from the current bill. We should ask whether there was a proper consultative process, and who was involved. The failure to engage the public is a governance issue because citizens, who elect members of parliament and pay taxes, deserve to have a say in policies that affect them,” he said.
He added that when laws are created without considering the people’s input, especially if they infringe on basic rights like healthcare and education, it shows a lack of respect for social justice. For instance, sex workers may hesitate to report crimes or seek healthcare because of the stigma and criminalization of their work.
“Decriminalizing sex work does not mean promoting it, but rather addressing the harsh realities these individuals face—ensuring they can report injustices, access healthcare, and seek legal protection. By decriminalizing, we uphold their rights to life, livelihood, and justice. If we maintain overly harsh laws, we risk violating these rights and ignoring the real issues people encounter.”
Ms Kyomya also added that it’s time to move away from outdated laws like the 1950 Penal Code, which was made before even the current leaders were in power. “We should come together as Ugandans, look at our current situation, and create laws that address our real challenges. We need to engage young people, including sex workers, because we are many and our voices matter. In fact, we should even ask President Museveni to consider giving us a representative in parliament, so we can push for laws that address issues like sexual abuse.”
Fronting a bill that blatantly targets the already oppressed and marginalized—such as sex workers, whose voices have long been silenced by so-called religious and cultural extremists—is a clear indication that Parliament, a house where Ugandans expect hope and representation, has chosen sides. Ironically, during elections, even sex workers play a role in helping candidates secure votes.
According to civil society organizations like AWAC, criminalizing transactional sex without first addressing the rising unemployment, especially among young people, is akin to burying one’s head in the sand. History shows that when all options are stripped away, sex work often becomes a last resort for those without connections, particularly in today’s Uganda, where social welfare has significantly diminished.
What Would the Impact of Decriminalisation Prostitution Be in Uganda?
According to AWAC, decriminalizing sex work in Uganda would have significant social, health, and economic impacts. First, it would help reduce the stigma attached to sex work, empowering sex workers to report crimes to the police without fear of legal repercussions. This would also make both sex workers and the general public less vulnerable to HIV and other STIs, as they would have better access to health facilities and services.
Decriminalisation would reduce sexual violence, as sex workers would be less susceptible to exploitation by brothel managers and would have the power to refuse services to clients.
Furthermore, the costs of law enforcement and regulation would decrease, as brothel managers employing underage sex workers could be more easily prosecuted within a legal framework. Sex workers would contribute to the economy by paying taxes and would enjoy the same rights as other tax-paying citizens, including the right to speak out and demand fair treatment.
Those working in brothels or for agencies would be better equipped to claim their rights under labour laws, with improved enforcement of work contracts.
Additionally, decriminalisation would enable sex workers to openly organize and unionize to fight for their rights and advocate for their needs within the community.
Built on a harm reduction model, decriminalisation would foster cooperative relationships between sex workers and health practitioners, improving access to healthcare services tailored to their specific needs. It would also promote collaboration between sex workers and law enforcement, allowing them to work together to reduce violence within the industry.
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