Sex work is legal in Malawi: CSOs hail court for backing sex workers

Sep 21, 2016 Politics 124
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prostitution malawi

Human rights organisations in the country have commended the High Court in Zomba for freeing 19 sex workers who were convicted and fined by Dedza fourth grade magistrate court in February this year for making a living through prostitution.

According to a statement released by the civil society organisations (CSOs), what Dedza fourth magistrate court and the police did was unconstitutional since there is no law in the constitution that stipulates that earning a living through sex work is illegal.

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Sex workers can safely practice in Malawi.

“The judgement of Justice Zione Ntaba of high court noted it was clear that the arrests of these sex workers were carried out to embarrass and harass them as section 146 of the penal code does not criminalise sex work but seeks to protect sex workers from those who exploit them,” say the CSOs in the statement

The organisations also argue that the ruling shows the courts’ commitment to protect sex workers in Malawi who face discrimination and are frequently charged with living on the earnings of prostitution or rogue and vagabond.

“The decision demonstrates a strong commitment of courts to enforce and uphold the enjoyment of human rights by  various individuals, with Justice Ntaba observing that the proceedings in the lower court were procedurally irregular, unfair and an affront to justice and unconstitutional as their arrest violated the women’s rights to liberty,” reads part of the statement.

The human rights organisations added that there is need for capacity building for the lower courts to understand their jurisdiction and be able to preside over cases with human rights lenses.

The human rights non-governmental organisations that signed the statement include Southern Africa Litigation Centre, (SALC), Centre for Human Rights Education, Advice and Assistance (CHREAA), Malawi Sex Workers Alliance (MASWA), Centre for Human Rights and Rehabilitation (CHRR), Lawyers Forum for Human Rights and The AIDS and Rights Alliance for Southern Africa (ARASA).

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124 Comments

  4. Blind Human Rights Activists who can not distinguish between Human Rights and Inhuman Rights!!! …currently leading the world astray blindly!…dear folks! expect a fall into a rubbish pit anytime soon.How can prostitution/adultery,sodomy or abortion be categorised as human rights???

  17. I Cnt Believe This. Malawi? Is Malawi This Immoral? What Nonsense. Where There Are Many Reasonable And Moral Laws To Pass Into Law? Christ Have Mercy. Speaking As A Core Biafran. Biafra Must Be Free.

  22. No wonder it is the banks messing up the economy,medical doctors killing patients,mothers killing their own innocent babies and lawyers too deliberately misinterpreting the law to appease the rich.Today whores,prostitutes and adulterers being recognised as (sex) workers! ..certificates,diplomas,degrees to be awarded soon by the chancellor soon I suppose. And sodomites too are gays,beastiality;interspecies love-so that humans can enjoy sexual intimacy with their pets and livestock.Pure madness!!!Our world today is apparently turning upside down.And no reverse.Sickening huh!

  24. Boma kuyesetsa kuti akodweretse ma donors Koma zimenezi apindule ndindani kweni kweni chifukwa umphawi sungathe koma zimabweretsa mabvuto akulu mmabanja ndi mmipingo Komanso mdziko

  32. So, we are in a right direction depending with finance minister for the trillion budgetary allocation. Kkkkkkkk so you need to print cash sale for list in case of trust wealth ness, accountability and auditing. If you said sex work is legal depending with any goods purchased VAT is there!!!!

    2. Things r changing buddy, these evil things we r currently facing will be like nothing in future, as u can see technology. Azazel is controling this world

  41. Human rights was formed by a certain group of rich people who are the devil followers, they encourage unlawful things and disobey the bible, therefore they dominate the world bkoz they have lots of money, deep down all the organisation are supoted by white people from overseas , human rights, united nations, AU,USAID, are some of demonic organisations, we poor people we hav nothing to do and we cant stop them bkoz they are on a driving seat, lets accept the situation and look forward to God, bible says > zokhumudwisa sizileka kudza , koma soka kwa ozesayo,

  42. Dziko ili lachuluka Mbuzi, muli busy kuchita legalise unnecessary things, monga ugay, m’malo muchita legalise chamba choti chitukula dziko, shame on u

  43. zinangokhala ndine mphawi koma ma bungwe awa mukuti Human rights mukuonjeza penapake ufulu muziona mbali zose osati kumasula agalu pakati pa ana

  45. ” ATASILINZA KUDYA CHA KUDYA CHA M MAMAWACHO , “Yesu anafusa ;Simoni petulo kuti ; :SIMONI MWANA WANA WA YOHANE, kodi umandikonda ine kuposa Izi? “Iye anamuyankha kuti “Inde Ambuye ‘ inunso mukudziwa kuti ndimakukondani kwambiri, Iye anamuuza kuti ” Dyesa , mphunzisa ndi weta .Ana Ankhosa zanga Emen

  46. ” ATASILINZA KUDYA CHA KUDYA CHA M MAMAWACHO , “Yesu anafusa ;Simoni petulo kuti ; :SIMONI MWANA WANA WA YOHANE, kodi umandikonda ine kuposa Izi? “Iye anamuyankha kuti “Inde Ambuye ‘ inunso mukudziwa kuti ndimakukondani kwambiri, Iye anamuuza kuti ” Dyesa , mphunzisa ndi weta .Ana Ankhosa zanga Emen

  47. Like all work, M.R.A ilowepo apa, nawonso azipereka P.A.Y.E

  51. A Law expert dissing a fellow law expert. ndekuti anthuwa amatha kutimanga tilibe mulandu eti??? shaaa. Wonders shall never end!! kapena winayo sanaphunzire zamalamulowo kwambiri??? Kapena tinene kuti nthawi zambiri wochita zoipa akapezana ndi Lawyer wodziwa kukhotetsa malamulo amatha kuyenda moyera eti??? Just wondering ‘which is which’?

  52. Ngati awowo omwe mu mati #olemekezekawo amakhala atapana mahule mu chigwilimu parliament ikamakumana ndiye angatithandize? kkkk!

  56. ANA ANJOKA INU OWERUZA ADZIKO LAPANSI AKUPATSANI UFULU MAPAZI OKHOTAWO, UKATAMBATAMBA UDZIYANG’ANA KUMMAWA KUNGAKUCHELE, UKAKUTHERA UFULU WAMOYO WAPANSIU MOYO WINAO UKAIMVA KUWAWA NDENDE YA GAHENA

  57. Now since it is legal. They must pay tax/rate. They must provide slips/recients as proof of payment. They must contribute to the economy of the state since they wil have police body guard. Now the question still remains, is these arrongant vakabu stupid unit stil going to violate our rights. Dziko lathu mahule kuyenda usiku free while innocent rate payers attacked by this so called idiots vakabu. Is this activity under constitution. And where is my right to live walk free at anyplace anytime without these parasite seeking bribe. Anthu akuchoka kumaphephelo akukwapulidwa. While mahule are controlling police at night. To me these fuckn vakabu must dare try to harass me or my family i swear i wil revenge without doubt. We are sick and tire of these stupid uneducated vakabu.

    1. u started very well with ur comment but u have ended it very badly?u call police stupid,idiots & uneducated pity on u boy,,one day u will realise how these so called uneducated, idiots & stupid are important in this country,, u want to walk freely during nyt tymz remember its de same tymz thieves want to steal freely,,osamayankhula kwambiri ngati mungapange kanthu amwene,,sinazione anachezera kuziona,,inu ophunziranu muzazifuna mbulizi siku lina bilv it or not,,si lero si mawa,,

    2. u started very well with ur comment but u have ended it very badly?u call police stupid,idiots & uneducated pity on u boy,,one day u will realise how these so called uneducated, idiots & stupid are important in this country,, u want to walk freely during nyt tymz remember its de same tymz thieves want to steal freely,,osamayankhula kwambiri ngati mungapange kanthu amwene,,sinazione anachezera kuziona,,inu ophunziranu muzazifuna mbulizi siku lina bilv it or not,,si lero si mawa,,

    3. I understand yo point. And u need also to understand that those who go out to ask 4 bribe i wil not retreat my point that is absolutely stupid. How can a policeman go to a guest house and start waking up innocent pple without warranty, Abusing that is vakabu operation. Is that legal. If i ask u that who are they going to target. Obviously its man. Then they threaten to lock u up or make a plan. I know law a lot. The police have a right to stop and search any suspicious activity. But that does not mean they must harrase citizens. Is they any law which state time and place restriction? If the rights of sextraders is violated by vakabu. That goes that another gender is violated too. #ROGUE UNIT MUST FALL.

    6. Police is an law enforcement security goverment institute. And they must work with merit and protocol of law. They are suppose to patrol and make sure that the law is abided to all pple with the boundaries of the state. Their duty is to arrest offenders and bring them to court and get trail. They are not allowed to beat anyone. That makes it difficult for justice to be served. Rogue unity is everywere in the world. Their duty is to stop and investigate and suspicious activities. Not to threaten citizen that we are vakabu tikukwapula and lock u up. For what? If that person has dangerous weapon eg gun, knife etc that can be used to commite crime. Yes they have a right to arrest. Or u have items that have no proof or good explanation, yes they can arrest u. But not just anyone walking in streets and guesthouse to be locked up. That is totally wholly unaccepted. That is violating citizens rights.

  58. Sex work is legal well understood, and they mostly work at night, still legal and well understood. Their customers are also found at night and that the courts well know. Ndiye muwawuze a Police amakonda kutipatsa busy ndi Rogue and Vagabond, they should know men go out to entertain these women in this legal business. Ndiye tichepetse kupatsana mpishupishu

    4. So u mean the rogue unit must harras, smack and just keep quiet and let it go just like that. Why cant they stop and ask in a profesional way? What i dont get is, who has a right to brutally attack someone? And is they anyone who is above the law. Maybe i mis something here. What i am saying is they can patrol and keep order in the country, but not abuse the police power. U stop a citizen and ask few questions. If u are not ok then u remand the person for further investigation. But it not ok to just go wild and load pple without questioning. That what we want those human groups to look into again.

    5. Michael all am saying is the business is legal and therefore the customers should not be harrassed if they are not causing any problems. Remember this is a noctunal business and sometimes the men in caps take advantage

    6. I get yo point @ Siyasiya. But my question was going to my friend Andy. Because it looks like rogue unit is above the law. They can harras and beat anyone at night and walk away with it. I think its time Malawi Police Service must step ahead studies to officers to work out a protocol that wil enforce the law and respect the rights of all citizens without gender,race,tribe,personality and political differences. Here in US, black pple are treated like criminals. The just shoot without intervertion. And the study show that might lead to violence against police if brutality carry on. As for sex workers its everywere in the world. But they must be registerd and trained and work under agent to avoid violence against them. They must pay tax.

    7. Yes Michael Mkandawire i concur with you. But Sex workers paying tax in Malawi. If they ( U know them) steal my tax what about the sex workers tax? I would just save their tax, kikiki

    8. Kikik. Siya here in US they pay tax thru their agents. Its safe,clean and good enviroment. And they are trained not to spread HIV. Now in Malawi u pay thru eg business or work tax, rates/tax that money is used to pay police to protect mahule and provoke ordinary male citizens at night. That must fall

  60. If this is the way Malawi is going then surely one day it will be homo,let’s pray hard to avert this situation.Cry for the beloved country Malawi.Amen.

  61. I feel down because this country it was good country but now it is home of evil.look here my people come back to god and he will come back to you if not we must be aware that god he will cut as of this is just beginning of what is coming along Malawi Malawi Malawi were is that heart of worshiping god of heaven and earth just came back all it will be wall in Jesus Christ i pray amen

  67. nkhaniyi mwayimva azimayi amabanja, Langizo samalani azimuna anu chifukwa akanganyawa alusa sopano aliyense wapa banja azikhala akudziwa kuti mamuna wake Akutani ngati sanafike nthawi yabwino.

  75. Aku Somali amuna akubwara kumeneko panopa adosa kwantu kuno ku Zambia mahule munkaule afika usiku uno..kkkkkkkkkkkllkk

    1. why the CSOs were backing for the sex workers,bcauz these pple were encouraging the spread of HIV and AIDS through their job,apa bola kuunikanso malamuro dziko lino.

    1. We dont have problem with sex workers for sure. The problem is they must pay tax/rates. The vakabu unity must not harrase sex worker’s costumers. They cant serve one side of the bussiness but both. That being said the vakabu unity must fall becoz its corrupt.

  78. kmatu enanu simukumva english apa sanat ali ndi ufulu kma adamangiwa ndikumasulidwa koma adapalamula mulandu uhule is prohibited in malawi

    1. We are poor because of God. In the past African nations were rich before arabs and white people taught us about god or allah. LOOK at China,Thairand,JAPAN,India now, they are very rich but no god?allah.

  86. Ndiku thokoza a human rights aliyese alindinjira yake yopezera ndalama komanso ma hule akuchepetsa chitidwe ogwililira

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