Published on 27/11/2024
Members of Parliament on the Joint Committee of Legal and Gender Affairs have rejected a proposal to maintain prostitution as a criminal offense in Uganda. Instead, some lawmakers advocated for legalizing, regulating and taxing the trade.
The proposal to decriminalize prostitution was introduced by Fox Odoi (West Budama NorthEast) during a debate on the Sexual Offences Bill 2024. The Bill, tabled by Anna Adeke (Soroti DWR), initially sought to uphold the criminalization of prostitution while expanding its scope to include male sex workers.
“I strongly feel we should legalize prostitution, regulate the sector, promote it, and generate revenue from it. For us as legislators, our role is not morality—that’s for reverends, canons, and clergy,” argued Odoi.
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Odoi’s remarks followed Adeke’s request to the Committee to consider removing clauses 13 and 14 of the Bill. These clauses proposed a two-year jail term for individuals convicted of engaging in prostitution and similar penalties for clients of sex workers.
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Adeke explained: “My consultations were challenging—some people wanted the provisions to remain. I personally thought we should repeal them entirely. The only change we made was to make the law gender-neutral, recognizing that prostitution involves both men and women.”
Henry Nkwasiibwe (Ruhaama County) supported Odoi’s proposal, calling on the government to designate specific zones for sex work and begin taxing the trade. He described prostitution as a growing, untapped industry.
“Prostitution is not going anywhere. The more we prohibit it, the more it increases. We should legalize and regulate it, designate areas for the trade, and earn revenue. It’s a growing industry that remains untaxed,” said Nkwasiibwe.
He argued that efforts to criminalize prostitution are futile, citing its persistence throughout history: “Even during Jesus Christ’s time, prostitution existed. It has flourished for centuries, and we cannot stop it. Let’s embrace it and stop fighting a losing battle.”
However, other MPs, including Margaret Rwabushaija (Workers Representative), opposed decriminalizing prostitution, warning it could encourage more people to join the trade.
“I don’t support letting it go unchecked. If we remove restrictions, we risk destroying the moral fabric of the country. As mothers, we are concerned about the implications, including issues like rape and child abuse. While we shouldn’t kill [sex workers], there must be restrictions,” Rwabushaija said.
The debate highlighted deep divisions among legislators, with some advocating for pragmatic solutions to regulate the trade, while others warned of moral and societal risks. The Committee is expected to continue deliberating on the contentious clauses of the Bill.
Legislators Clash Over HIV Clause in Sexual Offences Bill
A group of legislators has opposed the inclusion of HIV-positive status as a ground for aggravated rape under the proposed Sexual Offences Bill, 2024, citing concerns about stigma and challenges in proving such cases. The debate arose during the Joint Committee of Legal and Gender’s inaugural review of the Bill, tabled by Anna Adeke (Soroti DWR).
Fox Odoi (West Budama North East) led the dissent, arguing that such provisions would exacerbate stigma against people living with HIV. He referenced the Director of Public Prosecution’s (DPP) plea to repeal the HIV Control and Prevention Act for similar reasons. “Being HIV positive must not be an aggravating circumstance. The issue lies with a person who knowingly transmits HIV,” Odoi asserted.
Adeke had proposed that the deliberate spreading of HIV by offenders of sexual crimes, particularly involving minors, be categorized as aggravated rape. Clause 17 of the Bill outlines that aggravated rape charges would apply to cases where the offender is:
- HIV positive or has a sexually transmitted disease.
- A parent, guardian, or person in authority over the victim.
- A serial offender.
- Using force or threats of violence.
- Related to the victim.
- Involved in gang rape.
The clause also recommends the death penalty for aggravated rape, a suggestion Odoi strongly opposed. He criticized the punishment as disproportionate, comparing it to lesser sentences for crimes like genocide and mass murder under the Rome Statute.
“We should move away from the death penalty for all offences. While these crimes are grave, the death penalty is not appropriate,” Odoi stated, urging the committee to revise the Bill.
In contrast, Jonathan Odur (Erute South) supported stricter penalties for offenders who knowingly spread HIV through sexual violence. He argued that such acts irrevocably harm victims’ lives and should warrant aggravated charges. “This isn’t about discrimination. Offenders must face consequences for the lasting damage they cause,” Odur emphasized.
The debate reflects ongoing divisions over how to balance justice for victims with fairness in the legal framework for sexual offences.
