The debate surrounding the constitutional legalization of prostitution stirs emotions and discussions among patriotic citizens and intellectuals in South Sudan. Prostitution, commonly defined as engaging in sexual acts for financial gain, raises concerns about the ethical use of one’s talents or abilities for monetary benefit.

The widespread acceptance of “sex workers” by the government and the increasing number of patrons in South Sudan’s major towns have become a cause for contemplation. This open yet regulated business, observed in broad daylight by government officials, raises a critical question: Does the legalization of prostitution contribute to an increase in human trafficking, with a significant number of victims falling prey to sexual exploitation directly or indirectly?

This article delves into the impact of a crucial domestic policy choice – the legal status of prostitution – on the incidence of human trafficking in South Sudan. The period of 2005-2011 marked the initial emergence of prostitution, notably at the former Juba custom market, now transformed into Freedom Square (commonly known as Dr. John Garang Museum). The government’s initial silence on the matter allowed the industry to flourish, with widespread activities near prominent locations such as police stations, the presidential office, and ministerial complexes.

Despite the visibility of these activities, there was little intervention. Prostitution continued to thrive in various locations, including Jebel Suk near national security, opposite the National Revenue Authority in Jebel, Gumbo Suk after Juba Bridge, Shirkat Market Town, Tongping, Amarat, and the custom market in the government hub. I urge relevant institutions, including the Ministry of Interior, National Security, and the Inspector General of Police, to conduct random crackdowns on illegal prostitution centers at both national and state levels.

This editorial seeks to examine the consequences of legalized prostitution on the existence of human trafficking and the escalating violation of human rights through prostitution in South Sudan. It calls on the government to clarify its stance on the legalization of the sex industry and to consider its potential as a significant source of government revenue, if deemed appropriate.

There is a troubling lack of sensitivity towards the numerous human rights violations faced by prostitute women, often comparable to, or even surpassing, the violence experienced by individuals recognized as torture victims under international human rights law. Prostitution centers in Juba and other towns in South Sudan have become crime scenes where sex workers and security personnel engage in violent activities without repercussion.

These illicit activities persist openly, with some establishments located near national security complexes and designated government institutions, lacking protection and prevention measures against illegalized actions. The government must address the conflicting perceptions of prostitution and sex workers through clear legislation, ensuring consistency with the legalization of prostitution to protect the rights of sex workers and other willing participants.

Legislation should align with the constitutional principles to avoid conflicting laws regarding the freedom of sexual desires. However, caution is necessary, as the scale of legalization may inadvertently increase the availability of the prostitution market, potentially contributing to issues such as women trafficking. Addressing women’s trafficking requires legal remedies that strike a balance between acknowledging the rights of sex workers and preventing exploitation.

I urge the government to review existing legislation to protect the rights of sex workers who face increasing reports of violence and forced prostitution in South Sudan. The government’s current position, neglecting national responsibilities while allowing harmful initiatives, undermines women’s rights under human rights laws. Lawmakers, rights groups, and civil society must continuously advocate for the rights of sex workers, whether through legalization or the justified decriminalization of sexual activities.

The disturbing trend of hotels becoming hubs for sexual abuses against women, including teenagers, aid workers, and government female employees, for the purposes of sexual exploitation and abuse must be addressed. It is concerning that government officials and civil servants have not faced legal consequences for sexual crimes, further highlighting the need for legal protection for those in vulnerable situations.

Analysing the situation, it is evident that physical violence against prostituting women involves a series of extensive and frequent forceful sexual risks. The government must take proactive steps to address these issues and ensure the protection of all citizens, irrespective of their occupation or status.

The aftermath of sexual violence manifests through disorderly force, involving hair pulling, crying faces, violent breast squeezing, pinching, verbal abuse, resistance leading to beatings, knife cuts by criminals, and even gang rape. These violent acts, often fuelled by drunkenness, signify a disturbing trend that the government of South Sudan must address through enhanced governance. It is imperative to incorporate the consent of the governed in social aspects to prevent conflicts of interest and uphold international human rights laws protecting women from humiliation, abuse, and extreme violence worldwide.

I vehemently denounce the toleration of torture-like prostitution by the South Sudanese government without proper legal frameworks addressing the associated issues, especially in comparison to regional and global standards amidst the legalization of prostitution. Women entering this business are bought and sold to be humiliated and degraded, mirroring the goals of torture.

Legalization or decriminalization alone cannot ameliorate the plight of tortured women. To truly combat gender inequality and violence against women, attention must be directed towards their elimination rather than their perpetuation.

Violence against prostituted women is often on par with, and sometimes exceeds, the brutality faced by torture victims recognized under international law. Torture not only violates the law but challenges the very existence of good governance principles, including the consent of the governed. It undermines the legitimacy of the state, fuels social conflict, and disrupts peace, representing an extreme form of illegitimate social control.

The risks associated with unregulated prostitution contribute to a surge in frequent murders, leading to a high death toll among prostituted women. While prostitution is legalized in some countries, sex workers are protected, registered, treated, and publicly acknowledged by the government. However, research indicates that the lifespan of women engaged in prostitution in South Sudan is alarmingly short, posing a significant threat to the well-being of the unregulated female population. Sexual violence against sex workers has risen to 30 percent in South Sudan, affecting both openly operating centers and those subjected to violence by sexual practitioners.

Prostitution stands as one of the most pressing human rights issues, demanding governments to enact stringent legislation to shield women from violent men. Vulnerable women and children, particularly in countries lacking protective laws, face the risk of enforced prostitution tantamount to modern slavery.

Legalization alone cannot alter the harsh reality that sexual violence and physical assault persist as standard practices in prostitution, leading to enduring physical and emotional harm, whether the assaults are deemed “legal” or “illegal.”

David Lony Majak is a commentator on street children and a human rights activist. He can be reached via email: delonymajak7@gmail.com

The views expressed in ‘opinion’ articles published by Radio Tamazuj are solely those of the writer. The veracity of any claims made is the responsibility of the author, not Radio Tamazuj.