“Global Injustices – The control, containment and punishment of PLHIV” “How South Africa’s legislative framework fails us time and again: Experiences of transgender sex workers in South Africa” A presentation for the International Aids Conference, Melbourne, Australia July 2014 L.Leigh Ann van der Merwe Coordinator, Social, Health & Empowerment

Sex work in South Africa Prostitution is criminalized by s 20 (1)(aA) of the Sexual Offences Act 23 of 1957 Any person who keeps a brothel shall be guilty of an offence. Section 20 (1) Any person who- (a) knowingly lives wholly or in part on the earnings of prostitution; or (b) (c) in public or in private in any way assists in bringing about, or receives any consideration for, the commission by any person of any act of indecency with another person, shall be guilty of an offence.

Socio - cultural context for trans women in South Africa Many trans women do not have access to education, especially trans women of color The issue of cultural circumcision drive trans women from family support and trans women in the EC have a high rate of migration It is easy for trans women to get into sex work for a number of reasons In this context they become vulnerable to violence and HIV infection

Criminalizing trans identities…. Though the South African constitution afford all citizens rights, it is really only those with privilege who enjoy those freedoms Sex description Act 49 of 2003 allow amendment of gender in ID documents… Implementation of the Act is highly problematic Waiting period for gender amendment – between one year six months – three years Difficult for asylum seekers to amend their gender using Act 49

Accessing healthcare and HIV prevention, treatment and support Health care access remain problematic for trans women in SA Context influenced by so many factors including religion, heteronormativity, and patriarchy Conflation of sexual orientation/gender identity issues add to the burden