What exactly is prostitution?
When I was in the 7th Parliament, a group of women petitioned the Parliament. This was unique because the ladies were in the business of offering a service which is not widely discussed—prostitution.
When I was in the 7th Parliament, a group of women petitioned the Parliament. This was unique because the ladies were in the business of offering a service which is not widely discussed—prostitution.
The petition was signed by a group that called itself “sex workersâ€, which terminology is non-existent in the laws of Uganda. Our committee was tasked to hear and make a report about their concerns. Observations in response to the petition were memorable. Some committee members wondered how we could meet such a group of people, what impression it would create and who these women actually were. Wouldn’t it be like meeting criminals since prostitution is forbidden under the law?
I realised that this was a great opportunity to discuss this controversial subject, which is as old as mankind. And since they had not signed off as prostitutes but sex workers, we could not hold them accountable under the law.
My first observation is there is no such term as “sex work†under our law. This clearly means that prostitution is not considered as work in Uganda. The Penal Code Act which deals with criminal law provides under Section 138 that “Prostitute means a person who in public or elsewhere regularly or habitually holds himself or herself out as available for sexual intercourse or other sexual gratification for monetary or other material gain and “prostitution†shall be construed accordingly.â€
This definition has interesting terminology. What does “holding out†mean in practice? Holding out includes posturing, or behaviour in words and deeds which can be construed as being available. Construing or interpretation of “holding out†must take into account the context, the place which includes a public or private place, dress, manner of speech, body language which includes gestures and any other act that may be used by a reasonable person to determine that a person made it clear that they were available to engage themselves in prostitution.
It should also be noted that the definition of “prostitute†is not only confined to women. It is gender-neutral. This means there are both female and male prostitutes. It is therefore puzzling that those arrested are usually exclusively women.
Section 139 of the Penal Code Act states that any person who practises or engages in prostitution commits an offence and is liable to imprisonment for seven years.
An evening drive around Kampala on any day of the week, especially around some well-known streets, enables one to encounter several women engaged in the practice of "holding out".
This practice is not only limited to the streets but can also be observed in bars and restaurants and private contacts are accessible. The simple question is why do we have a law which is not implemented or when implemented is selectively so?
The Penal Code Act further states that every person who knowingly lives wholly or in part on the earnings of prostitution and every person who in any place solicits or importunes for immoral purposes, commits an offence is liable to imprisonment for seven years under Section 136(1). The question is, if a prostitute has children or dependants, knowingly lives off such earning, does it make them liable to imprisonment for seven years?
Section 136 (2) of the Penal Code Act provides clarification. It states that where a person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movement of a prostitute in such a manner as to show that he or she is aiding, abetting or compelling his or her prostitution with any other person, or generally that person shall, unless he or she shall satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution.
In fact, any person who keeps a house, room, set of rooms or place of any kind for purposes of prostitution commits an offence and is liable to imprisonment for 7 years. Here, the complexity is, how would a hotel owner know that the persons who have used the premises are engaged in prostitution? In essence, the issue of of prostitution presents a complex issue.
In the first instance very few people are aware that it is a criminal offence under the laws of Uganda to practise prostitution. Secondly, law enforcement agencies are not, for some reasons, so keen to enforce this law. And when they enforce it, the enforcement is sporadic and selective only women are arrested.
Interestingly, the law does not punish persons who use the services of prostitutes. It is therefore not surprising that persons arrested as prostitutes are usually held in Police custody for a night or two, charged with being idle and disorderly and released.
Proof that one was engaged in prostitution presents unique challenges, for example one would have to bring in witnesses to prove that a person habitually holds out as a prostitute. Mere dress and gestures could be misinterpreted, and even if one is caught in the act, defence could be that there was no monetary or other material gain!
Considering the challenges in enforcement of the law, there may be need to undertake a study on how other countries are currently handling the issue of prostitution. This study should take into account social issues such culture, religion, education and health. Political issues such as law and order and economic aspects such equal access to opportunities and empowerment of the under-privileged should also be considered.
The fact that the “sex workers group†asked us to end the interaction with them, with a prayer, clearly highlights the complexity and confusion that shrouds the issue of prostitution. We were humbled by this request, maybe because we were all reminded that we are sinners!
The petition was signed by a group that called itself “sex workersâ€, which terminology is non-existent in the laws of Uganda. Our committee was tasked to hear and make a report about their concerns. Observations in response to the petition were memorable. Some committee members wondered how we could meet such a group of people, what impression it would create and who these women actually were. Wouldn’t it be like meeting criminals since prostitution is forbidden under the law?
I realised that this was a great opportunity to discuss this controversial subject, which is as old as mankind. And since they had not signed off as prostitutes but sex workers, we could not hold them accountable under the law.
My first observation is there is no such term as “sex work†under our law. This clearly means that prostitution is not considered as work in Uganda. The Penal Code Act which deals with criminal law provides under Section 138 that “Prostitute means a person who in public or elsewhere regularly or habitually holds himself or herself out as available for sexual intercourse or other sexual gratification for monetary or other material gain and “prostitution†shall be construed accordingly.â€
This definition has interesting terminology. What does “holding out†mean in practice? Holding out includes posturing, or behaviour in words and deeds which can be construed as being available. Construing or interpretation of “holding out†must take into account the context, the place which includes a public or private place, dress, manner of speech, body language which includes gestures and any other act that may be used by a reasonable person to determine that a person made it clear that they were available to engage themselves in prostitution.
It should also be noted that the definition of “prostitute†is not only confined to women. It is gender-neutral. This means there are both female and male prostitutes. It is therefore puzzling that those arrested are usually exclusively women.
Section 139 of the Penal Code Act states that any person who practises or engages in prostitution commits an offence and is liable to imprisonment for seven years.
An evening drive around Kampala on any day of the week, especially around some well-known streets, enables one to encounter several women engaged in the practice of "holding out".
This practice is not only limited to the streets but can also be observed in bars and restaurants and private contacts are accessible. The simple question is why do we have a law which is not implemented or when implemented is selectively so?
The Penal Code Act further states that every person who knowingly lives wholly or in part on the earnings of prostitution and every person who in any place solicits or importunes for immoral purposes, commits an offence is liable to imprisonment for seven years under Section 136(1). The question is, if a prostitute has children or dependants, knowingly lives off such earning, does it make them liable to imprisonment for seven years?
Section 136 (2) of the Penal Code Act provides clarification. It states that where a person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction or influence over the movement of a prostitute in such a manner as to show that he or she is aiding, abetting or compelling his or her prostitution with any other person, or generally that person shall, unless he or she shall satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution.
In fact, any person who keeps a house, room, set of rooms or place of any kind for purposes of prostitution commits an offence and is liable to imprisonment for 7 years. Here, the complexity is, how would a hotel owner know that the persons who have used the premises are engaged in prostitution? In essence, the issue of of prostitution presents a complex issue.
In the first instance very few people are aware that it is a criminal offence under the laws of Uganda to practise prostitution. Secondly, law enforcement agencies are not, for some reasons, so keen to enforce this law. And when they enforce it, the enforcement is sporadic and selective only women are arrested.
Interestingly, the law does not punish persons who use the services of prostitutes. It is therefore not surprising that persons arrested as prostitutes are usually held in Police custody for a night or two, charged with being idle and disorderly and released.
Proof that one was engaged in prostitution presents unique challenges, for example one would have to bring in witnesses to prove that a person habitually holds out as a prostitute. Mere dress and gestures could be misinterpreted, and even if one is caught in the act, defence could be that there was no monetary or other material gain!
Considering the challenges in enforcement of the law, there may be need to undertake a study on how other countries are currently handling the issue of prostitution. This study should take into account social issues such culture, religion, education and health. Political issues such as law and order and economic aspects such equal access to opportunities and empowerment of the under-privileged should also be considered.
The fact that the “sex workers group†asked us to end the interaction with them, with a prayer, clearly highlights the complexity and confusion that shrouds the issue of prostitution. We were humbled by this request, maybe because we were all reminded that we are sinners!