The lawmaker representing Akwanga/Nasarawa/Eggon/Wamba Federal constituency of Nassarawa State, Emmanuel David Ombugadu, has directed the Nigerian Sex Workers Association to write a proposal to be presented to the National Assembly if they want prostitution legalized.
He added that the proposal would be subjected to proper legislative procedures, with opinions of the Association tested, to know if it passed the test of law.
“So, we are open to Nigerians and anybody to bring any type of proposal and you can achieve that through private member-sponsored bills. There are bills that are executive. Anyone coming from NACA will be seen as an executive bill but if it is coming from your group or members, we will welcome you”.
Ombugadu who is also the Chairman, House Committee on HIV/AIDS, was reacting to the prostitutes’ demand, at an event marking the 2017 World AIDS Day in Abuja, on Wednesday.
The event organized by the National Agency for the Control of AIDS (NACA) had its theme as ‘Right To Health, Making It Happen’.
The Director-General of NACA, Dr Sani Aliyu, speaking at the event said individuals, stakeholders and groups have a role to play in sustaining the fight against HIV in the Country.
Aliyu explained that many countries have enacted laws to protect People Living With HIV/AIDS (PLWHA), but stated that many in developing nations cannot protect themselves, as a result of stigma and discrimination.
“Today marks yet another World AIDS day, a unique opportunity for people worldwide to unite in the fight to see an end to HIV/AIDS, show their support for people living with the virus and to remember the people who died of the virus”.
The DG also said HIV is a primary and secondary health care issue, emphasizing that over 170,000 HIV positive pregnant women, are in need of treatment, expressing displeasure that most of them are not coming out.
Aliyu in commemoration of the 2017 World AIDS Day said NACA, “stands in solidarity with millions Nigerians who has become infected with HIV as well those who has died from AIDS related illness since the first case in Nigeria”.
In July 2017, the National Sex Workers Association led by the National Coordinator, Amaka Enemo, appealed to the Federal Government to decriminalize prostitution in Nigeria giving the effective control of HIV and other STIs as excuse.
She said prostitutes face lots of violence from clients, thugs and law enforcement agents, adding that the Government would benefit from the prostitutes if legalized, as they would pay tax, citing countries where prostitution is legalized.
Countries where prostitution is legalized
In Africa, generally, the legal status of prostitution varies. It is fairly common in practice, partially driven by the widespread poverty in many sub-Saharan African countries but mostly driven by expensive trend-following lifestyle, and is one of the drivers for the prevalence of AIDS.
In some countries where prostitution is illegal, the law is rarely enforced, and as a result, there is widespread prostitution.
Prostitution is legal in Finland, but selling and purchasing sex in public is illegal, as is purchasing or pimping a trafficking victim. Street work is also banned.
In Argentina, Prostitution is legal as long as the participants are over the age of 18. However, its promotion, facilitation, and exploitation of others are illegal. Trafficking of women and children for prostitution to and within the country, as well as owning a brothel, pimping, or coercing an individual into prostitution is illegal.
Prostitution was decriminalized in Denmark in 1999. The sellers and buyers of sex must be 18 years and above. Forcing or taking part in sexual transactions with someone under 18 carries a 6 years jail sentence.
In Italy, Prostitution is legal but organized prostitution including owning a brothel and pimping is illegal. An Association like the one which is the subject of this report would have been illegal even in Italy.
Other countries where prostitution is legalized are some parts of Germany, Costa Rica, amongst others.
Countries where prostitution is illegal
In countries like Botswana, Burundi, Ghana, Libya, Morocco, Nigeria, Somalia, South Africa, Zimbabwe, Tanzania amongst others, prostitution is illegal. This is why some traffickers and prostitutes migrate from these countries to other countries where prostitution is legal.
What Nigerian Law says about Prostitution
Prostitution in Northern Nigeria is illegal but for the South activities of pimps or madams, underage prostitution and the operation or ownership of brothels are penalized under sections 223, 224, and 225 of the Nigerian Criminal Code. The following are punishable under the sections:
1. Indecent treatment of boys under fourteen
2. Indecent practices between males
3. Defilement of girls under thirteen
4. Householder permitting defilement of young girls on his premises
5. Defence to charge under preceding section.
6. Defilement of girls under sixteen and above thirteen, and of idiots
7. Indecent treatment of girls under sixteen
8. Causing or encouraging the seduction or prostitution of a girl under sixteen.
9. Allowing persons under sixteen to be in brothels
10. Restriction on defence of reasonable belief
11. Procuring defilement of woman by threats or fraud, or administering drugs
12. Abduction of girl under eighteen with intent to have carnal knowledge
13. Persons trading in prostitution
14. Keeping a brothel
15. Unlawful detention with intent to defile, or in a brothel
16. Conspiracy to defile
17. Attempts to procure abortion.
