Abuse of power by local police in South Africa

ACT AGAINST THE UNLAWFUL ARRESTS OF SEX WORKERS

On 17 and 18 May 2010 various human rights organisations and sex workers convened a meeting in Johannesburg to discuss strategies to address the frequent unlawful arrests and related human rights abuses faced by sex workers at the hands of police. Johannesburg Central Police Station in particular was highlighted as a major perpetrator of human rights violations. It was however noted that abuse of sex workers - and the related corruption perpetrated with impunity by the police - is systemic and prevalent in almost all cities from Johannesburg through to Rustenburg and Thohoyandou.

There are widespread concerns that the police will use the Soccer World Cup as an excuse to increase police violence against sex workers, the homeless and informal traders. All sex workers in the meeting reported frequent incidents of police arresting them for 'loitering' when they are not in any way sitting, walking or standing in a manner that obstructs traffic which falls into the definition of "loitering" in city by-laws. Police often use excessive force, including beatings with jamboks, pepper spray to the face and genitals, and many solicit daily bribes from sex workers in exchange for being released. When sex workers are taken to police cells they are often required to pay 'fines' without receiving receipts, are never properly charged and are released the next morning without appearing in court. Various sex workers also reported being raped and violently abused by police.

Representatives from the Gauteng Department of Community Safety and the Independent Complaints Directorate promised to take action against practices that are criminal and unlawful. They urged sex workers to come forward to lodge complaints against corrupt police officials and to open criminal cases against officials who have raped or assaulted them.

Organisations were concerned that these abuses suggested a pervasive culture of human rights abuse within police stations. The ongoing criminalisation of sex workers create an environment where human rights violations against sex workers thrive. It is clear that the best way in which to address this culture is to decriminalise sex work and to pass a
directive prohibiting abusive police practices against sex workers and to ensure that such a directive will be enforced.

Contact for comment: Vivienne Lalu, SWEAT, 082 494 0788