When police arrested nineteen women in Dedza, Malawi hospitality locations in 2016, it was under the guise of the living on the earnings of prostitution laws. The women appealed and won their case, with the ruling judge noting that Malawian women are free to patronize any hospitality facilities or bars without fear of being arrested. The case, The Republic v. Pempho Banda and 18 Others, sparked a national debate over the social and legal status of sex workers in the southern African country. It also brought to light that efforts to stimulate tourism had inadvertently boosted the country's sex work industry. To move away from a reliance on agriculture and bolster socio-economic growth and its foreign exchange earnings, the country is positioning itself to gain a greater market share of visitors. However, as in many tourist destinations, the promise of sex attracts tourists, and sex is increasingly becoming a central offering of Malawi's tourism industry. Yet, Malawian sex workers continue to occupy a social status in which they are marginalized or mistreated by the general public and criminal justice system. This provides apt conditions for continued and increased human rights abuse against sex workers. This research explores the events, legal environment, media coverage, and public opinion surrounding this case and its relation to the tourism industry. The data is from interviews with actors in the criminal justice system, documents and an analysis of online media about the Pempho Banda et al. case. My dissertation highlights the complexities and contradictions surrounding sex work in Malawi. In doing so, I hope to intervene in the national debate surrounding sex workers so as to facilitate public opinions and policies that are more sex worker friendly and protective of their human rights. / Doctor of Philosophy / When police arrested nineteen women in Dedza, Malawi hospitality locations in 2016, it was under the guise of living on the earnings of prostitution laws. The sex workers appealed and won their case, with the ruling judge noting that Malawian women are free to patronize any hospitality facilities or bars without fear of being arrested for sex work in what are traditionally considered male spaces. The case, The Republic v. Pempho Banda and 18 Others, sparked a national debate over the social and legal status of sex workers in the southern African country. It also brought to light that stimulating tourism inadvertently boosted the country’s sex work industry. To move away from a reliance on agriculture and bolster its foreign exchange earnings, the country is positioning itself to gain a greater market share of visitors. However, like in many tourist destinations, the promise of sex has attracted both foreign and domestic tourists, thereby progressively promoting sex as a central offering of Malawi’s tourism and hospitality industry. Yet, Malawian sex workers continue to occupy a social status in Malawi in which they are marginalized or mistreated by the general public and within the justice system. These conditions result in continued and increased human rights abuse against sex workers. The Pempho Banda et al. case is a seminal case that assists us in examining the legal and social status of sex workers in this context. This research explores the events, legal environment, media coverage, and public opinion surrounding this case and its relation to the tourism industry. This is done using interviews, documents, and an analysis of online media coverage about the case. I contend that discriminatory laws, policies, practices and sentiments targeting sex workers need to be redressed. My findings imply that a decriminalization approach will advance sex workers’ rights more than criminalization or legalization. Unequivocally, decriminalizing sex work is likely to be met with resistance from the public; however, there is sufficient evidence from public opinion, media coverage and statements from criminal justice system members connected to this case that suggest the existence of support for enacting protective policies for sex workers. Furthermore, since evidence shows a correlation between increased tourism and sex work, I argue that Malawi needs to prepare practical policies that factor in this reality.
| Identifer | oai:union.ndltd.org:VTETD/oai:vtechworks.lib.vt.edu:10919/101682 |
| Date | 09 July 2019 |
| Creators | Kachipande, Sitingawawo Diana |
| Contributors | Sociology, Wimberley, Dale W., Copeland, Nicholas M., Agozino, Onwubiko, McGehee, Nancy G., Polanah, Paulo S. |
| Publisher | Virginia Tech |
| Source Sets | Virginia Tech Theses and Dissertation |
| Detected Language | English |
| Type | Dissertation |
| Format | ETD, application/pdf |
| Rights | In Copyright, http://rightsstatements.org/vocab/InC/1.0/ |
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