MPs Want Prostitution Regulated and Taxed

The proposal was debated during the inaugural consideration of the Sexual Offences Bill, 2024, a comprehensive piece of legislation aimed at reforming laws around sexual violence and exploitation.

Members of Parliament (MPs) on the Joint Committee of Legal and Gender Affairs have strongly rejected a proposal to maintain prostitution as a criminal offense in Uganda, instead calling on the government to regulate the practice and start collecting taxes from sex workers.

The proposal was debated during the inaugural consideration of the Sexual Offences Bill, 2024, a comprehensive piece of legislation aimed at reforming laws around sexual violence and exploitation.

The proposal to criminalize prostitution was initially put forward by Anna Adeke, the Member of Parliament for Soroti District Woman Representative, who had tabled the Sexual Offences Bill.

Adeke’s bill sought to expand the legal framework surrounding prostitution, making it gender-neutral by including male sex workers alongside women, who have historically been the sole target of prostitution laws.

However, the Committee’s rejection of this provision was led by Fox Odoi, the MP for West Budama North East, who called for a more pragmatic approach to the issue.

“I strongly feel we should legalize prostitution, regulate that sector, and generate revenue from it,” Odoi said. “For us as legislators, our job isn’t to legislate morality. Morality is for the reverends, canons, and the Fathers. We are here to make laws that work for the people and contribute to the economy.”

Odoi’s remarks were in response to Adeke’s proposal to criminalize both those who engage in prostitution and those who solicit sexual services, with a penalty of up to two years in prison for those convicted.

In addition, Adeke proposed a tougher stance on sexual offenders, including a provision for a Sexual Offenders Register managed by the National Identification and Registration Authority (NIRA), which would list individuals convicted of sexual crimes and make it a criminal offense for them to seek employment in positions involving vulnerable groups such as children.

Controversial Proposals on HIV Transmission and the Death Penalty

The Committee’s discussions were further complicated by proposals in the Bill to include the deliberate transmission of HIV to minors as an aggravating factor in cases of sexual violence.

Adeke had suggested that spreading HIV to a minor during a sexual assault should elevate the crime to aggravated rape, carrying heavier penalties.

However, Odoi and several other MPs rejected this idea, arguing that it could further stigmatize people living with HIV and be difficult to prove.

“There are many people living with HIV who are not aware of their status, and others who are on ARV treatment but still test positive,” Odoi explained.

“The Director of Public Prosecutions (DPP) herself has expressed concerns about the difficulty of prosecuting these cases, as proving knowledge of an HIV-positive status is virtually impossible.”

The debate also extended to the issue of the death penalty for rapists. Adeke had proposed that the death penalty be imposed on individuals convicted of rape, particularly in cases where the victim is a minor. Odoi, a staunch opponent of the death penalty, questioned the fairness and necessity of such a harsh punishment.

“Why are we introducing the death penalty for rape when other more egregious crimes like mass murder and genocide do not carry such a penalty?” Odoi asked.

He further criticised the proposal, stating, “In principle, I don’t support the death penalty for any offense. I thought we had moved away from this position as a country.”

While Adeke expressed disappointment over the rejection of her proposals, she acknowledged the challenges in achieving consensus on the Bill.

“My consultations were very difficult. Some people wanted to keep the provisions in place, others felt it was better to delete them,” Adeke said. She emphasised that her intent was to make the law more inclusive, ensuring that men, too, are recognised as victims and perpetrators of prostitution.

Odoi’s call for the regulation and taxation of sex work, however, gained significant traction among committee members.

He argued that by legalising and regulating prostitution, the government could tap into a potentially lucrative sector, generating revenue while also protecting sex workers from exploitation.

“The government can regulate this sector, promote it, and collect taxes. This will benefit both the workers and the economy,” Odoi added.

The Joint Committee of Legal and Gender Affairs is expected to continue its review of the Sexual Offences Bill, 2024, with further consultations and amendments.

The Bill, which aims to tackle issues of sexual violence, exploitation, and human trafficking, has sparked heated debates on the appropriate legal framework for addressing these sensitive issues.

As MPs grapple with the complexities of regulating sex work, preventing the spread of HIV, and ensuring justice for sexual violence victims, the discussions on the Bill are likely to remain contentious.

The Committee will be under pressure to strike a balance between protecting vulnerable groups and adopting practical policies that reflect the realities of Ugandan society.