Bar Hostess Empowerment and Support Programme (BHESP) Policy Matters: The impact of current laws on the health and safety practice of sex workers in Kenya Presentation by Peninah Mwangi Bar Hostess Empowerment and Support Programme (BHESP)

SEX WORK AND THE LAW The Kenyan legal framework on sex work is at best unclear, and at worst a tool that has in many ways assisted in facilitating a lot of violence against sex workers. In Kenya it is illegal to solicit, pimp or to aid and abet a woman to enter into prostitution. The Kenyan Penal Code does not give a legal definition of prostitution but makes it illegal for both men and women to “live on the earnings of prostitution”.

SEX WORK AND THE LAW “Every woman who knowingly lives wholly or in part on the earnings of prostitution, or who is proved to have, for the purpose of gain, exercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person, or generally, is guilty of a felony”.

SEX WORK AND THE LAW The Kenyan Penal Code does not give a legal definition of prostitution. It’s illegal for both men and women to “live on the earnings of prostitution”. Sex workers are usually arrested under various local authorities’ By- laws. Other international policies eg Pefar makes it impossible for sex workers to organize and access services. Sex workers organizations are only funded if they are rehabilitating sex workers and human rights advocacy for sex workers is not recommended for funding

SEX WORK AND THE LAW “Properly speaking, offenses must be reported and investigated. No one has ever reported a man or woman that is not a sex worker but knowingly lives on the earnings of prostitution; Offenses relating to sex work are never reported so we look for it ourselves and arrest those we think are violating them; the easier lot to arrest are the sex workers themselves. We are lucky that they make our work easier by pleading guilty.” (A police officer-Nairobi, Kenya)

SEX WORK AND THE LAW The Kenya National HIV/AIDS Strategic Plan recognizes sex workers as a vulnerable group that deserves special attention / service. Stigmatization and marginalization are linked to women sex workers in Kenya but not their clients. The resulting social isolation fosters discrimination that limits sex workers access to legal, health and social services thus increasing their vulnerability to HIV.

HUMAN RIGHTS VIOLATIONS Violence against sex workers in Kenya is not only widespread, but is also perpetrated, legitimized and accepted by many. Law enforcement authorities and laws governing sex work have, in some cases, increased the risk of violence against sex workers rather than protected them against it.

HUMAN RIGHTS VIOLATIONS Violence of stigma, discrimination and abuse. The ambiguity of the laws on sex work has led to different forms of human rights violations that affect the health and safety of sex workers in Kenya. Labelling Stigma Extortion Discrimination Verbal/physical/ sexual abuse

THE DIFFERENT FORMS OF VIOLENCE Community ‘They tell their children not to visit our houses, or eat with our children because we are prostitutes. When the children get into fights, ours are usually insulted by being referred to as ‘mtoto wa Malaya’. Our children are also targeted for physical and sexual abuse while we are away during the night’ (26 old sex worker-Luthuli street, Nairobi)

THE DIFFERENT FORMS OF VIOLENCE Law enforcement officers The relationship between sex workers and law enforcement authorities in Kenya can generally be described in terms of harassment, violence, abuse, and repression with respect to the police, and by fear on the side of sex workers. Arbitrary arrest and detention for purposes of extorting money.

THE DIFFERENT FORMS OF VIOLENCE Law enforcement officers Inhuman and degrading treatment in cells. HIV positive sex workers do not get access to care and treatment in the cells Rape and sexual assault in custody. No accountability for their actions. Demand for unprotected sex from sex workers in exchange to freedom

THE DIFFERENT FORMS OF VIOLENCE Health facilities Discrimination by health personnel- Nurses and front officer personnel. Sex workers are stigmatized themselves and hence may not report cases of discrimination at the health facilities. There is no clear system of seeking for redress within the health facilities and Nursing council.  

THE DIFFERENT FORMS OF VIOLENCE Clients Refusal to pay Physical and verbal abuse The violence undermines HIV prevention efforts and increases sex workers’ vulnerability to HIV transmission

Direct impact The constant threat or experience of violence from the police in Kenya is linked to sex workers experiencing anxiety, depression and loss of self- esteem. In most cases, sex workers in Kenya give lower priority to health and HIV prevention over the more immediate concerns for safety and survival.

Direct impact The stigmatization/discrimination of sex workers in society and in hospitals in Kenya is such that sex workers are afraid of going for health care services close to their residence.

THE SITUATION WE WANT Lydiah is a retired sex worker who sells vegetables in the outskirts of Nairobi, she sums up her days as a sex worker: “I was very beautiful, I made a lot of money but I did not know anything so I was often beaten up, locked up, my money taken and in some cases raped. I could not go to a health centre near my residence. If we had been empowered against the police and discrimination by health workers, I would not have contracted HIV.”.