The Legal Implications of Legalising Prostitution in Namibia

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HE IMPLICATIONS OF LEGALISING PROSTITUTION IN NAMIBIA
By
UMUNAVI DESIRE KAMBOUA

Submitted in accordance with the requirements for the degree of BACHELORS IN LAW
Supervised by:
PROFESSOR N.J HORN
In the subject Human Rights
At the
UNIVERSITY OF NAMIBIA

This dissertation is submitted in partial fulfilment of the requirement for the award of the Bachelors in Law Degree

DECLARATION

I, Umunavi Desire Kamboua, hereby declare that this dissertation titled “The Implications of Legalising Prostitution in Namibia” is my own work and has not been submitted to any other institution for higher learning.

Signed byon this day
Of2011

SUPERVISOR CERTIFICATE
I, Professor J.N HORN certify that this research and writing of this dissertation was carried out under my supervision.

Signature
Date

ABSTRACT

Prostitution in Namibia is a legal problem that is at the table of parliamentarians and legal drafters in order curb the rising levels of poverty and HIV/AIDS. Looking into the historical background and development of prostitution is imperative as it places foundation for the understanding of prostitution and the reasons behind it. However, it should be noted that prostitution in itself is not illegal but the law criminalises acts surrounding its commission. The paper will look into the rights of sex worker and into human violations and lack of safe and supportive working conditions rendering sex workers particularly vulnerable to HIV/AIDS. The predominant attitude in Namibia is that Namibia is a Christian society that needs to protect its morale and people from such acts, but nevertheless prostitution continues to grow in Namibia. The Author of the paper will look into the reasons why young women choose to sell their bodies instead of going to school and earning a living through what is considered as normal work and the gender inequalities regarding sex work, wherein the clients are not prosecuted, but merely the women who work as sex workers. Further the author will do a case study of other countries that have legalised prostitution and the impact thereof. Further consideration shall be given to what it would mean to legalise prostitution in Namibia and the legal implications looking into the Constitutional aspects and all international conventions that Namibia is signatory to. Prostitution in Namibia is not a result of freedom of choice rather a result of poverty and the women seeking to find a way to earn a living.

TABLE OF STATUTES
Children’s Act (Act 33 of 1960)
Combating of Immoral Practices Act (Act 21 of 1980)
Combating of Rape Act (Act 33 of 1960)

INTERNATIONAL STATUTES

The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) The Declaration on the Elimination of Violence Against Women 48/104 Optional Protocol to CEDAW ratified in 2000

TABLE OF CASES
Binga v Adminstrator-General South West Africa and Others 1984 (3) SA Hendricks and Others v Attorney General of Namibia and Others 2002 NR 353 (HC) S v Jordan 2001 10 BCLR 1055 (T)
S v H 1986 (4) SA 1095 (T)

LIST OF ABBREVIATIONS
ARTAntiretroviral therapy
ARVAntiretroviral
BONELABotswana Network on Ethics, Law and HIV/AIDS
LAC Legal Assistance Centre
LDC Law Reform and Development Commission
MSMMen who have sex with men
NDT Namibia Development Trust
NAMRIGHTSNational Society for Human Rights-Namibia
NEPRU Namibian Economic and Policy Research Unit
NGO Non-governmental organization
OP Office of the President
SADC Southern African Development Community
SASF semi-autonomous social fields
SWAPO South West Africa People’s Organization
SWEATSex Worker Education and Advocacy Taskforce
STISexually Transmitted illness
TAA Traditional Authorities Act
UN United Nations
UNDPUnited Nations Development Programme
UNAM University of Namibia
USAIDUnited States Agency for International Development
WHOWorld...
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