By Esohe Aghatise
Today as we comemmorate the 75th anniversary of the Universal Declaration of Human Rights, I would like to share a few thoughts with you.
The Equality Model is based on the premise that prostitution is the oldest form of violence against women and girls and cannot be considered a job. This is because the greater majority of those who end up in prostitution (overwhelmingly women and girls) do so due to circumstances that are beyond their control and that leave them no other option: lack of opportunities, poverty, need, sexual violence and grooming, etc. Thus, for us, those in prostitution or prostituted women and girls are not “sex workers” but are prostituted women and girls.
There are 3 main factors that define the Equality Model:
- It decriminalises prostituted persons. (traditionally, all legal systems punish the seller of sexual services but not the buyer. The Equality Model reverses this and punishes the buyer, not the seller)
- It provides for the punishment of sex buyers and holds them responsible for their violence.
- It provides resources for those who want to exit prostitution do so in a dignified manner.
The first country to enact the law, also known as the Nordic Model was Sweden in 1999. They were followed by other countries and there are now 11 countries around the world that punish the purchase of sex, while decriminalsing those who sell.
It would be good if Nigeria becomes the first to bring it into law in Africa.
The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (also known as the Palermo Protocol) is a protocol to the United Nations Convention Against Transnational Organized Crime of 2000. It provided the first universally accepted definition of trafficking (Section 3). Most importantly, it requires State Parties to address the demand for sexual services, which fosters sex trafficking.
The Maputo Protocol is the protocol to the African Charter on Human and People’s Rights. It is a comprehensive legal instrument which advances African Women’s Rights. The Protocol guarantees extensive rights to African women and girls and includes progressive provisions on: Harmful traditional practices, eg child marriage and female genital mutilation (FGM) Reproductive health and rights. Roles in political processes. Economic empowerment. Ending violence against women.
It is possible to enforce domestic laws based on the Protocol through strategic litigation. Nigeria, for instance, could be taken to the Human Rights Court for instance for what happened to Jatau. Nigeria did not protect her from the harm she suffered even though she was detained illegally.
Nigeria has signed and ratified the Protocol and indeed, was one of the first countries to do so. Yet, its female populace is still being treated so badly.
https://www.unodc.org/unodc/en/human-trafficking/protocol.html
Dr Esohe Aghatise is the Global Executive Director of IROKO CHARITY, which provides support to survivors and victims of sex trafficking and of commercial sexual exploitation. UN Expert on trafficking (appointed in 2000) and member of the OSCE/ODIHR NRM Advisory Committee on trafficking NRMs
