Prostitution in Malawi
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Prostitution in Malawi is legal[1][2][3] and prevalent around hotels and bars in urban and tourist areas.[2] It is also prevalent around the logging centres of Luwawa, Nthungwa, Raiply and Kalungulu.[4]
Many prostitutes in Malawi are young children.[5][6][7][8]
Legal situation
Section 146 of the Malawi Penal Act prohibits living off the earnings of prostitution. This has been interpreted by the courts to include a sex workers own earnings, effectively making prostitution illegal.[1][3] Section 184(c) of the Penal Code makes an offence of: “every person in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose, is deemed a rogue and vagabond.”.[9] (This law is based on the British Vagrancy Act 1824).[10] This legislation was used to target sex workers.[1][3][10]
In September 2016, the Zomba High Court ruled that Section 146 of the Penal Code was meant to protect sex workers against exploitation, not criminalise sex workers.[1][11] The court overturned the conviction of the 19 sex workers that had appealed against conviction by a magistrates court.<ref name="nswp">
References
- ^ a b c d "Sex Work Law - Countries". Sexuality, Poverty and Law. Retrieved 10 January 2018.
- ^ a b "The Legal Status of Prostitution by Country". ChartsBin. Retrieved 10 January 2018.
- ^ a b c "Universal Periodic Review of Malawi" (PDF). Sexual Rights Initiative. May 2015. Retrieved 10 January 2018.
- ^ "Sawyers queue for unprotected sex in Chikangawa". www.malawitoday.com. 2012-02-03. Archived from the original on 7 February 2012. Retrieved 2013-10-17.
{{cite web}}:|archive-date=/|archive-url=timestamp mismatch; 20 April 2017 suggested (help) - ^ "Malawi: Prostitution fuelled by poverty and parental neglect". Rnw.nl. 2009-09-28. Archived from the original on 13 February 2010. Retrieved 2013-10-17.
- ^ "Islamic dressed sex workers worry Malawi Muslim community". Nyasatimes.com. Archived from the original on 9 June 2013. Retrieved 2013-10-13.
{{cite web}}:|archive-date=/|archive-url=timestamp mismatch; 7 March 2016 suggested (help) - ^ "Malawi sex workers alliance demand respect, legalisation of prostitution". Nyasatimes.com. Archived from the original on 13 October 2013. Retrieved 2013-10-17.
{{cite web}}:|archive-date=/|archive-url=timestamp mismatch; 4 March 2016 suggested (help) - ^ "The strange life of a sex worker in Malawi". GlobalPost. 2012-02-07. Retrieved 2013-10-17.
- ^ "Malawi: Challenging constitutionality of rogue and vagabond offence". SALC. 28 January 2017. Retrieved 10 January 2018.
- ^ a b "Malawi using outdated law on rogue and vagabond - The Nation Online". The Nation Online. 13 July 2013. Retrieved 10 January 2018.
- ^ "Malawian Court Rules in Favour of Sex Workers". Global Network of Sex Work Projects. 3 November 2016. Retrieved 11 January 2018.
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