REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 87. South Africa is in the process of looking at whether or not sex work should be decriminalized. In this regard the South African Law Reform Commission produced a comprehensive Discussion Paper in 2009 entitled “Project 107: Sexual Offences – Adult Prostitution”. In its Discussion Paper the SALRC found that adult prostitution has been the subject of considerable public debate in South Africa. The topic remains an emotive one. In South Africa the socio-economic determinants of prostitution suggest that prostitution is driven by a complex intersection of social and economic factors in which poverty and inequality are key drivers. Therefore despite the current criminalisation of the selling and buying of sexual services and the criminalisation of the living off of the earnings of prostitution, a growing number of people, for a range of different reasons, are doing so. 88. Within this context the Commission posed four alternative legal options in its Discussion Paper that might be employed in South Africa in respect of adult prostitution. The four options are noncriminalisation, regulation, partial criminalisation and total criminalisation. 89. The Discussion Paper was widely published and distributed. This process is at an advanced stage and the final report of the Law Reform Commission will be formally presented to the Minister of Justice and Correctional Services shortly. Once it has been finalised, public engagement will have to take place and various role-players as well as the public will have the opportunity to be involved in this process. 90. The South African National Aids Council (SANAC) continues to do excellent work in the area ensuring the health of sex workers and their client. The South African National Strategic Plan (NSP) on HIV, STIs and TB 2012-2016, implemented through SANAC, raises the importance of providing HIV prevention, care and treatment to key populations, including sex workers. The provision of services to key populations is seen as one of the highest priority interventions, and the NSP makes it very clear that sex workers need a comprehensive response. This includes treatment, prevention, access to justice, addressing violence and harassment often meted out to them, and the culture of substance abuse amongst sex workers. The estimated 153 000 sex workers in South Africa are highly vulnerable not only to HIV, but to other sexually transmitted infections (STIs). This is due to multiple factors, including many sex partners, unsafe working conditions and barriers to the negotiation of consistent condom use. Sex workers often have minimal control over these factors because of social marginalisation and the restricted legal framework under which they are forced to work. Alcohol and drug use, and violence further exacerbate their vulnerability and risk. 91. It is SANAC’s responsibility is to ensure that the objectives of the NSP are met. A big part of this is ensuring effective oversight, coordination and management of the programme. The objectives of the national programme are to:  Provide services to sex workers through peer education. This will include providing condoms and lubricant, education services, and psychosocial support. This will strengthen the social capital of the sex work community which we know to be protective for HIV. 161