Total Pageviews

Friday, 1 August 2014

LAND REFORMS IN MALAWI SINCE 1994: A Political Economy Analysis




Land reforms have been lingering since 1994 despite land being a major source of livelihood in rural and a tool for economic growth and poverty reduction in Malawi. It is estimated that almost 55% of smallholder farmers cultivate lessthan a hectare of land (Chinsinga and Chirwa 2008:2. The dawn of democracy was a critical juncture as it gave renewed hopes of a fast tracked land reform process. However, efforts for land reform have also been impeded by lack of commitment to enact a new comprehensive land law to replace the Land Act of 1967, which is not responsive to current trends and challenges on land. The Community Based Land Development Programme (CBLDP) sponsored by the World Bank has been the only significant effort undertaken to address the issue of Land reform though it has encountered numerous unprecedented challenges. This paper seeks to critically analyze the issue of land reforms in Malawi since 1994 through the lenses of political economy. It argues that land reform is not only a technical issue, but also a political one that involves winners and losers. The process of  land  reform since 1994  has been captured by  the  interests  of  actors  involved, leading  to  crafting  of  tenure arrangements that potentially result in asymmetrical benefits. Therefore understanding the interface between politics and economics is vital in implementing a pro-poor land reform.
Political economy analysis focuses on the interaction between politics and economics. It examines the distribution of power between different groups and individuals, and the processes that create, sustain and transform these relationships over time and how these relations affect outcomes of  development interventions (DFID2009:4) In any reform, parties have different powers, and interests, and winners and losers.  Political economy seeks to asses whose interest’s shapes and impact, the outcomes, success and failures of a reform. It is against this background that a political economy analysis also undertakes a stakeholder analysis with the aim of mapping stakeholders and their relation and influence over the policy reform process. This helps to find factors; incentives and actors that will oppose and support a reform process and how these will affect the outcome. A development program succeeds when key players have an incentive to make it succeed. When a society’s  key  actors  are  threatened  by  a  development  program,  they  have  an  incentive  to  make  it fail (Melim-McLeod 2012:1). However, the mere presence of an incentive does not translate into actors acting upon it. Stakeholders in the society have constraints and these puts a limit on their actions. Institutions are systems of rules that regulate behavior of stakeholders by establishing norms, rewarding compliance, and punishing violations (Fritz V, 2009: xiii)
Land reform in Malawi is caught in competing objectives between the state and private sector on one hand and local communities on the other  (Zuka 2013:154).This is manifested in the mismatch of agriculture policies being pursued by the state. Despite the recognition by the Malawi growth and development strategy (MDGS) and the Malawi poverty reduction strategy paper (MPRSP) that smallholder agriculture is a key to accelerated poverty reduction little has been done to address the issue of land scarcity. Government policy in agriculture has focused on increasing efficiency in production through the creation of large commercial farms. This is being achieved by consolidating smallholder farm plots.For instance the Green Belt Initiative is to ensure that the commercial farmers have access to large tracts of land for agriculture at the highest possible economies of scales (Chasukwa and Chinsinga 2012:2)The potential tax to be extracted from these commercial farmers and the huge sums of money accrued from such land deals are the major incentives upon which government has been acting upon. The powerlessSmallholder farmers have been losers. They are being squeezed out and exposed to food insecurity and poverty. There is need for state policy on agriculture to make a tradeoff between these commercial farms and smallholder agriculture.  
State interests have also been reflected in the recent Land Billof 2013. A political economy analysis of this bill reveals it has no transformative powers as far as land relations and distribution is concerned. It fails to establish substantial property rights to smallholder farmers farming on customary land because it merely reclassifies land into private and public. This means the Act implicitly puts customary land in the jurisdiction of the state and the state being a powerful actor is at liberty to perpetrate further land grabs on the pretext of encouraging an efficient utilization of the scarce resource.This indicates that the interests of the state is one of the major influencing factors impeding a meaningful pro-poor land reform.Zuka notes that  the  major  goal  of  and  reform  in  Malawi  is  generally  to change  customary  land  administration  to  suit  market capitalistic  economic  models (Zuka 2013:161)
Land reforms have also failed to understand the institutional contexts in which they are operating.According to Chinsinga, “understanding  the  interface  between  formal  and  informal  institutions  in  the context  of  the  reforms  is  important  in  terms  of  anticipating  and  dealing  unexpected consequences” (Chinsinga 2008). Malawian societies are either patrilineal or matrilineal and this has an implications on land process and the power dynamics in these societies. The Land Bill which will have a significant impact on reform processes mentions of ensuring equality in landownership regardless of sex and age or marital status. Though this is good in addressing some inequalities, it depends on how the state will succeed in changing institutional settings. By implication when enacted into a law, the act will dispossess women of some of the land in matrilineal societies and it will mean land gains for women in patrilineal societies and vice versa. Land reform processes in this context means changing existing social structures and this is an extremely difficult exercise. It is important to note that though informal social institutions may lack legitimacy in the eyes of the elites, they are a fabric of local communities and cannot easily be changed. Informal institutions serve a regulating purpose and should not be seen as weak or irrelevant (Melim-McLeod 2012:1). This means institutions also pose a serious challenge in the implementation of land reforms.
Land reform process has been captured by the elites. The elites who accumulated large tracts of land during post-independence era have been one of the powerful stakeholder which the state has failed to contend with. Estimates shows  that  about   2.6 million hectares of cultivable arable land falling under freehold, lies idle in the rural area (Chirwa&Chinsinga2008:2Paradoxically,Chinsinga and Chasukwa (2012:4) notes that government land grabs have involved taking land from smallholder farmers which is under use. The state owners have not been willing to give up their idle land until they get a compensation. On contrary, the government seems not to be ready to pay hugecompesations due to resource constraints. Thus, unless government acts on elite’s interests and incentive, a meaningful landform is far from being achieved. In general, this would require a strategic plan that will also examine not only the technicalities of such a redistribution but also the politics, incentives and interests involved. These elites have also taken advantage of their power to influence the outcome of the Land bill of 2013. The bill fails to make structural changes to free the idle lands being held by these elites.
The Community based land distribution program (CBRLDP) is one of the major initiative undertaken to address the issue of land. However, this programme has echoed the necessity of a political economy analysis if we want substantive reforms. It has been argued that the implementation of the CBRLD has failed to transform land relations and institute tangible reforms because it has been caught in the interests of elites and chiefs who benefited in the 1967 Land act.(Chinsinga 2008).Particularly, Chiefs,a losing stakeholder in the reform processes have been impeding the reform process using a number of tactics. The sending chiefs have been misinforming their citizens on the true intentions of the Land reform and have sometimes sought rents as precondition for being included as a beneficiary. They have also perceived the reform process of Community Based Land Distribution Program (CBRLDP) as a threat to their ruling powers. This has also been reflected in the chief’s resistance to the enactment of the Land Act 2013 which will see chiefs losing some of the unanimous powers through the establishment of Village committees on land. This portrays that there is no homogeneity of interests between the chiefs and the citizens in the villages who are in need of land. Chiefs are not the right representatives of the local people as their engagement in the land reform processes is driven by personal interests. In general terms, the design, reform and implementation of pro-poor institutional arrangements such as the one espoused in the World Bank CBRLDP  should go beyond its technicalities by examining political factors (Chirwa and Chinsinga 2008:3). In view of the diversity of in interests among stakeholders, it imperative that reforms take a wide sector approach and a multi discipline analysis ranging from politics to economics.
A capitalistic agenda has also been pushed in the reform exercise. There has also been growing conflict of interest on what land reform should actually do. The local people in the villages would like to have a land reform that involves restitution. For instance in Zimbabwe restitution was used as it was believed to bring fast results.  On the other hand, stakeholders like the World Bank who sponsored the CBRLDP initiative have always advocated for a market based redistribution involving a willing seller and a willing buyer. However, one sees that this approach is far from bringing fast results considering the urgency of the matter. Additionally, this approach has a potential of concentrating land to those who have the power to purchase the land and foreign investors. The smallholder farmer also emerges as a loser in this approach. This explains why efforts of the CBLRDP have been curtailed in different ways by residents in the areas where the land is being distributed under the program.
The purpose of a political economy analysis is to identify risks, which are factors that may impede a reform process and working on means to manage those risks. The foregoing analysis demonstrates that reforms create losers and winners. The winners will facilitate the change processes while the losers will impede or influence change to meet their interests. Therefore, instead of focusing on technical and managerial matters alone, there is need to examine the nature of incentives that exist for major actors that can help them to put public interests over their private interests. Land reforms process t should do a systematic political economy analysis of stakeholders, their incentives and interests and devise means of restructuring the incentives and interests in the manner that the actors will be motivated to influence a positive change in policy. Power analysis should be an integral part of reforms designs.  Above all, institutions should also be devised to support the actions of the actors and changes in policy because without this institutions will put constraints on the actors thereby limiting there sphere of action and the general processes of reform.

REFERENCES
Fritz V (2009) Problem-Driven Governance and Political Economy Analysis: Good Practice FrameworkWorld Bank, Washington
Chinsinga B and Chasukwa M, Green Belt Initiative and Land Grabs in Malawi: Policy Brief, Future Agriculture
Zuka P.S. (2013) Butterfly land policy reform initiatives in Southern Africa: Any promise from Malawi’s new land act,in Research Journal of Agricultural and Environmental Management Vol. 2(6), pp. 154-163
Chinsinga B, Land Reforms in Malawi: Where are we?  The Nation, Malawi: 29 July 2009
Chirwa E and Chinsinga B, (2008) The Economics and politics of Land Reforms in Malawi: A Case Study of the Community Based Rural Land Distribution Programme (CBRLDP) IPPG Policy Paper No.20
Melim-McLeod C et-al (2012), Institutional and Context Analysis: Guidance Note, United Nations Development Programme
DfID (2009), Political Economy Analysis How to Note:  A DFID practice paper. DFID

Saturday, 26 July 2014

Malawi National Environmental Policy: a philosophical appraisal



1.0. INTRODUCTION
Malawi is facing serious challenges in environmental protection. Over the past twenty years, many hectors of forests have been cleared for agriculture. The major contributing factor to this problem is the rapid population growth that the nation has experienced in a space of twenty-five years. Poverty has also led to the destruction of trees as many rural people have wantonly destroyed indigenous trees for charcoal burning to generate income for supporting their families. This problem has been exacerbated by the fact that alternative sources of energy are expensive and some not available. Thus, there has been an increase in demand of firewood and charcoal and this has acted as a stimulant to those engaged in the business. It is in realization of these problems that the Malawi Government came with an environment policy in 1996 which contain principles of environmental protection. The central aim of this paper is to critically analyse the environment policy as captioned above.
In order to achieve its intended objective the essay will follow a specific outline. The first part of the paper offers a brief background of the Malawi environmental policy, specifically its origins, goals and principles. The second part briefly outlines the principles of United Nations Environment Programme (UNEP) as contained in the Rio Declaration, United Nations Conference on the Human Environment (Stockholm Conference) and Kyoto protocol. The other sections looks at the assumptions and implications behind the policy, its ethical foundations, its weaknesses and strengths, its link to international instruments and finally how and where can the policy be revised so as it best protects the environment.
2.0 MALAWI ENVIRONMENTAL POLICY: ORIGINS, GOALS AND PRINCIPLES.
The National Environmental Policy, here in referred to as NEP, was adopted in 1996 and is based on the National Environmental Action Plan (NEAP). The NEAP describes the condition of the environment in Malawi and proposes the measures to be taken in order to address the situation. The National environmental policy has fifteen guiding principles targeted to meet thirteen goals. Its principle goal is the promotion of sustainable development through environment protection. Most of the principles contained in the National Environmental Policy (NEP) relate the importance of environmental protection to social and economic development.
Briefly, one of the core principles states that every person has a right to a healthy environment and duty to maintain and promote the goodness of the environment (NEP, 2004: 4). This principle emphasises on the reciprocal duty that an individual has towards the environment after benefiting from it. This implies that the unnecessary use of the environment without the observarance of that duty attracts a legal or a moral punishment. There is also a principle relating to participation that emphasises that women, children and youth are vital in environmental protection. The sensitisation of children is important because they are the future leaders and women as an integral part of society should get involved in enhancing environmental management and protection (Ibid, 5). The other important principle is that individuals are obligated to use renewable resources in a sustainable way for their own benefit and for the benefit of the future generations (Ibid, 5). The NEP has also principles relating to poverty reduction and mitigation. The objective for this is to improve human welfare, sustainable environment and natural resources management (Ibid, 7)
3.0.UN ENVIRONMENTAL POLICY: ORIGINS AND PRINCIPLES.
United Nations Environmental Programme (UNEP) has its origins from a number of treaties and declarations that were conducted internationally under the umbrella organisation of the United Nations (UN). The Stockholm conference from which the Rio Declaration is derived is the main foundation of the United Nations Environmental policies.  At Stockholm conference in 1972, nations met to discuss the issue of environmental degradation. The conference results led to the emergency of the Rio Declaration, which contains fundamental principles as regards to environmental protection.
One of the fundamental principles of the Rio Declaration is that human beings are at the centre of the universe and there are guaranteed a healthy and productive life in conformity with nature. (Rio Declaration, Principle 1). Therefore, in exploiting the environment to attain a healthy and productive life, human beings have an obligation to preserve the environment. The Rio Declaration also states that environmental protection is part of development process. One way of protecting the environmental is the prevention of conflicts and their peaceful resolution (Ibid, Principle 26). Thus, peace, development and environmental protection are inter-dependent and indivisible. Participation of women, youth, and indigenous people also forms one of the core principles of the Rio Declaration (Ibid, Principles 20, 21 and 22). These principles are founded on the assumption that the environment is useful to everyone as such any individual has a duty towards its protection and sustenance. Principle 5 of the Rio Declaration also calls all state to take necessary measures to eradicate poverty as a prerequisite for environment protection.
4.0 THE LINK BETWEEN NEP AND UN ENVIRONMENTAL POLICIES.
Malawi is a party and conforms to internationally accepted principles of the 1972 Stockholm conference and the 1992 Rio Declaration. It has also signed and ratified a number of international treaties relating to environmental degradation and protection, apart from being a signatory to a number of conventions relating to the same (NEP, 2004:1). As such, there is a well-established link between the principles of the United Nations Environmental Programme (UNEP) and the principles of the NEP. The following are some of the links.
Firstly, both NEP and UNEP take a Consequentialist perspective on environmental protection. The principle of recognising the important of environmental protection due to its usefulness to human beings contained in NEP is also reflected in the United Nation Environmental Programme (NEP 2004:4 and Rio Declaration, Principles 1, 3, and 4). The view that the environmental is vital for socio- economic development of all human beings is held by the two bodies. It is from this basis that individuals have a duty to preserve the environment. In Malawi and elsewhere in the world, the environment plays a very important role to development. Hence, it is required that the environment be used in a sustainable way to promote development. This is why both the United Nations environmental policy and the Malawi National Environmental Policy recognise the importance of environmental protection.
Secondly, NEP views environmental protection not as vital only to the present generations, but also to the future generations (NEP, 2004:5). The present generations are enjoying the environment, henceforth; they have a duty to protect the environment to make it accessible to the future generations. This view is also stipulated under principle 1 of the 1972 Declaration on UN Conference on the Human Environment (DUNCHE), (Barcalow E, 2003:333) It states that renewable resources should be used in a sustainable way to benefit both the present and the future generations. Thus, there is a principle of intergenerational equity in both NEP policy and the DUNCHE. The principle of intergenerational equity sates that states and individuals are obliged to take into consideration the future impacts of their actions.
Moreover, participation of all groups is considered vital by both Malawi National Environmental Policy (NEP) and the Rio Declaration. NEP stipulates that women, children, youth, private sector, Non Governmental Organisations (NGO’s), Community Based Organisations (CBO’s) and all concerned parties forms an integral part in environmental management and protection, (NEP 2004:6). This principle is also contained in the Rio Declaration and it urges all states to incorporate all sectors of the society in environmental protection (Rio Declaration, Principle 10). This is in consideration that the issue of environmental degradation is of everyone’s concern and therefore cannot be dealt at state level alone. The environment is a common wealth as it benefits everyone, as such, every individual is obligated to use whatever means to preserve it for sustainable development.
More importantly, both NEP and UNEP consider poverty reduction as a fundamental step towards poverty reduction. NEP stipulates that poverty alleviation is important for sustainable environment and natural resource management (NEP 2004:7). UNEP compliment this by encouraging all nations to cooperate and take appropriate steps in the eradication of poverty, this constitute Principle 5 of the Rio Declaration. Thus, NEP and UNEP realises that poverty reduction is essential to environmental protection.
The other link is that both the NEP and the United Nations Environmental Policies contained in the Rio Declaration takes an ecosystem management approach. The protection of the ecosystem is very crucial and cannot be done at state level alone. NEP emphasises on the protection and conservation of ecosystems and this is stipulated under principle (E). The Rio Declaration substantiates this principle by fostering state cooperation in the protection and maintenance of ecosystems. Ecosystems are to be protected and maintained by reducing emissions of gases that destroys the ozone layer, increases levels of carbon dioxide in the atmosphere, which in turn brings imbalance to the ecosystems. Principles regarding the reduction of carbon emissions are contained in the Kyoto Protocol, a protocol to the United Nations Framework Convention on Climate Change (UNFCCC). This protocol is aimed at putting measures on the stabilizing of the greenhouse gases that affect the climate system and the ecosystems.
5.0. THE ETHICAL FOUNDATIONS OF THE NEP.
The NEP is founded on the ethical theory of Utilitarianism. From the utilitarian perspective, an action is right if it promotes the greatest good to the greatest number of people: Is bad if it produces unhappiness to the individuals. The theory of utilitarianism has been reflected in many principles of the Policy. For instance, the overall objective of protecting the environment is to preserve it so that in continues to enhance the healthy and productivity of human beings (NEP 2004:4). Thus, the driving force for individuals in protecting the environment is to prevent calamities that may negatively affect their welfare. From this respect, it can also be seen that the NEP is Anthropocentric as it focuses on human welfare as its main reason for protecting the environment.
The NEP is also founded on the liberal concepts of “equality and equity”, “rights and duties”. In terms of equality, NEP is founded on the principle of intergenerational equity. The principle requires that when acting individuals also consider the long-term effects of their actions on future generations (Bergen C, 1995:126). Therefore, human beings duty toward the environment is not only based on the immediate benefits that they gain, but also on consideration of the future beings. The notion of equality requires that equal individuals be given equal opportunities and privileges. Since the present generations have accessed the environment in a good condition and are benefiting from it, they have a duty to pay equitably the future generations just as the prior generations did to them. In this light, the NEP is also based on the concept of rights and duties.
6.0 ASSUMPTIONS AND IMPLICATIONS BEHIND THE NEP
The main assumption behind the NEP is that the environment is there to service the needs of human beings. This is substantiated by the fact that most of the principles contained in NEP are concerned with the protection of the environment so that to promote the healthy and socio-economic development of the individuals, society and the nation at large. The policy is anthropocentric as it places human beings at the centre of creation by advancing their needs.  
Secondly, the policy assumes that future generations have rights that present generations are obligated to respect. The fulfilment of these rights involves the protection of the environment for its continuation. Some of the principles of the policy place much emphasis on this.
 Turning to the implications, the anthropocentric view in the NEP implies that the environment has an instrumental value. It has value so long as it enhances human development. It has been observed that most of the principles contained in NEP relate the importance of environmental protection with social and economic development. This implies that the value of the environment depends on its usefulness to human beings. Human beings duty towards the environment as such is derived from the benefits they obtain from it.  
Secondly, the principle of Intergenerational equity, which is the ethical foundation of NEP disassociate the issue of rights from duties. It implies that and individual can have a right without having a duty. The principle asserts that present generations have a duty to the future generations. However, according to contractual theories, individuals have rights because they enter into a contract in which they implicitly agree to reciprocate good for good and evil for evil (Warren M, 1998:55). For instance, one does a good action towards another person with the expectation that a good act will also be return. The principle of intergenerational equity goes against that by implying that individuals have a duty even to those who cannot reciprocate.
7.0 STRENGTH AND WEAKNESSES OF THE NEP.
7.1 STRENGTHS
The first strength of the NEP is its realisation that issues of environmental protection cannot be done at state level alone. Environmental protection requires an integrated effort. NEP appreciates this by recommending that children, youth, women, men, Non-Governmental Organisations, Community based organisations any concerned citizen have to take part in preserving the environment (NEP, Principles c, d, h, and i p5). For instance, the issue of charcoal burning, which is main challenge as far as environment protection concerned in Malawi can be fully addressed if all individuals can have a duty to sensitize each other about its effects. The state alone cannot deal with that problem. It is in recognition of this that NEP calls for participation of all citizens in protecting the environment.
Secondly, NEP recognises that there is a strong link between poverty and environment degradation. Considering this, NEP has principles pertaining to poverty reduction and alleviation (NEP, p7). Income of most individuals in rural settings is generated by exploiting the environment, for example by charcoal burning and the selling of fuel wood. All this contributes to the destruction of forests. Therefore, by finding means of eradicating poverty the issue of environment protection cannot be simplified to some extent.
7.2 WEAKNESSES.
The major weakness of the NEP and one that requires an immediate solution is the enforcement of the policies. The National Environment Policy does not provide measures to be taken against those who misuse the environment. There is only one principle that states that individuals have a duty to take a legal action against those whose actions poses a serious threat to the environment (NEP Principle b, p5). However, legal punishments are difficult to enforce by the local people in villages, hence this gives absolute liberty to individuals who exploit the environment. Moreover, since there are few courts, it means even if one was to be taken to the courts the case will take a long time to be settled. In general, law reacts slowly as such legal punishment is not enough in deterring individuals from degrading the environment.
The other weakness is that the policy is cantered much on the promotion welfare of human beings. Most of the principles contained in it regard the environment to be useful because of its benefit to human beings. For instance, the overall goal of the policy is that the environment should be protected for sustainable development.  In this light, it is assumed that the environment has value defined by human beings. This gives a licence to individuals to exploit the environment without limits.
8.0. RECOMMENDATIONS.
The NEP is a workable environmental policy as it has well articulated objectives and principles that provide a sound basis for the protection of the environment. More especially NEP’s principle on poverty reduction and mitigation are crucial in environment protection. Malawi’s environment problems are largely to poverty as stated earlier in the introduction. Therefore, it is only by addressing poverty problems that the environment can be preserved.  However, they are two important areas that need to be addressed. These are areas of enforcement of the policy principles and approach.
 On enforcement, it has been stated elsewhere in this paper that the policy mainly emphasises on legal actions against those who misuse the environment. However, because of the slowness of legal process it has been observed that legal actions are not effective in deterring individuals in degrading the environment. Adding to this, legal actions can rarely be undertaken in local settings where most individuals are illiterate of legal procedures and processes. Considering this problem, it is therefore appropriate that some means of enforcing the policy principles be encouraged if we to fully protect our Environment. Punishments, like payment of money, should be administered by local people like chiefs so that to deter other individuals from committing the same crimes against the environment.  
In terms of approach, the NEP is more anthropocentric. It puts the human interests in the forefront as reason why individuals should protect the environment. Despite stipulating somewhere that Bio diversity has an intrinsic value independent of their use, it must be admitted that most of the principles are result oriented.  For instance, the overall goal of the policy is the conservation of the environment to enhance social and economic development. This means individual are obliged to preserve the environment for the attainment that development. There whosoever, sees that social and economic development is not valuable to him has no need to conserve. This is the problem with anthropocentric view; it leads to subjective values. The solution to this problem is that   the policy should emphasise on the intrinsic value of environment. This will make individuals to conserve the environment regardless of its usefulness to them.
9.0 CONCLUSION
In conclusion, the paper has critically analysed the NEP. It has briefly outlined its origins goals and principles, its link to international instruments of the United Nations, its ethical foundations as well as the assumptions and implications behind it. It has also reflected of on the strengths and weaknesses of the policy. There recommendations to the weaknesses have also been suggested. It by considering the recommendations that the policy can be strengthen.

BIBLIOGRAPHY

Primary Text
Government of Malawi, National Environmental Policy: Environmental Affairs Department; Ministry of Land Energy and Mining. Venus Printing Press, 2004
Secondary Sources
Barcalow, E. Moral Philosophy: Theories and Issues, 3rdEd. California: Wadsworth,
2003.
Bergen C, Environmental Policy in an International Context: Perspectives on Environmental Problems: Arnold Publishers; Oxford University Press 1995.
Quarie J (Ed) Earth Summit: The United Nations Conference on Environment and Development. Rio De Janeiro, Regency Press Corporation, 1972
“Rio Declaration” in Pojman L, (Ed) Environmental Ethics 2nd ED: Wadsworth, Belmont California 1998.

United Nations, Rio Declaration on Environment and Development: Wikipedia, the free Encyclopedia) (http://en.wikipedia.org/wiki/Rio_Declaration_on_Environment_and_Development)

________ Kyoto Protocol; Wikipedia, the free Encyclopedia, http://en.wikipedia.org/wiki/Kyoto_Protocol
Warren, M. “A Critique of Regans Animal Rights Theory” in Pojman, L (Editor) Environmental Ethics 2nd ED. Wadsworth, Belmont California 1998


Is prostitution a trade?



‘EVERYONE TRADES SOMETHING ABOUT THEIR BODY SO WHY NOT SEXUAL ACTIVITY?’

Human beings use several ways to find the means for existence. Electricians, plumbers, farmers, and carpenters use their hands to earn money for a living. Similarly, some women and women have sold their bodies sexually in return for money and other favors in order to prolong their existence. These people who sell their bodies sexually are called “prostitutes”, and the practice is known as “prostitution”. Therefore, just like the other means of sourcing money are allowed, then prostitution should also be allowed. Legally prostitution has been allowed in some countries. However, the discussion in this essay focuses much on the moral value of prostitution than its legality, since the legalization of an act cannot take away its morality.

Prostitution is defined as the “practice of engaging in sexual activity for immediate compensation in money or other valuable resources, in which affection and emotional investment are minimal or absent and in which the selection of partners is relatively indiscriminate” (Childress, 513). Prostitution occurs among heterosexuals and homosexuals. This essay focuses on the former and much emphasis is on women prostitution. Some have justified prostitution on the basis that all human beings, being autonomous are at liberty to use their bodies in what ever way they want, as long as they do not interfere with others. Another reason has been the need to address economic problems resulting from unemployment. Prostitution on the other hand, has been condemned because it devalues human dignity, it breeds diseases and therefore a threat to public health and it devalues sex for its intended purpose. The first part of this essay discusses the pro-prostitutionists arguments, seconded by the anti-prostitutionists arguments. This essay holds that prostitution is immoral and this will be objectified in the following discussion.

To begin with, prostitution is justified on the basis that all human beings are autonomous. They have the freedom to do as they will, but they should respect the freedom of others (Jones, 50). In prostitution there is a mutual agreement between the client and the prostitute. Their act does not have any harm on others. Therefore, since there is a rule which grants liberty to individuals to do what they like, provided it does not harm others, then prostitution is moral as it complies with the stated rule. Prostitution is like any other business where we have a willing seller and a willing buyer (Barcalow, 210). A customer purchases a commodity, such as soap from a shop and the owner sells that commodity in order to extract some profits. So is the case with prostitution, the client asks sexual services from a prostitute in order to relieve his sexual desires in return for money. Since both clients and prostitutes act autonomously and respect the freedom of others in there transactions, then prostitution is moral.

Secondly, it is claimed that prostitution provides a solution to the higher rates of unemployment, especially among African women and in other developing nations (Sheldon, 243). In many developing nations, women have responsibilities to provide their children with basic needs such as food, shelter, clothes and education. Since most women are unemployed, and therefore have low or no sources of income, these women may resort to prostitution in order earn money to maintain their families.


Moreover, there have been cases where a young girl who is an orphan has duties to take care of her younger brothers and sisters. As a result, that girl has to enter into prostitution as an alternative means of raising the needed resources. In this case the girl is more comfortable when she sells her body sexually (Barcalow, 210,). She has the money to buy food, clothes and other basic needs. Therefore, from a utilitarian perspective, the happiness obtained by being a prostitute in a situation where you have no any other means of earning a living outweighs the unhappiness of not being a prostitute in the same circumstances. Therefore, one may conclude that prostitution is moral, as the principle of utility only requires the maximization of pleasure and the minimization of pain in any action performed (Pojman, 371). This however is a narrow application of utilitarianism.

Though, pro-prostitutionists present such arguments as justifications for the activity, an analysis of these arguments shows that the justifications are flawed. They involve a narrow understanding of human rights and ethical theories.

Firstly, the arguments based on autonomy are weak. Though individuals are at liberty to do whatever they want, they have no liberty to destroy themselves. Moreover, individual freedom is controlled by the society. Kant in his moral theory said that no one should treat himself as a mere means to an end only (Rosenstand, 231). Prostitutes treat themselves as mere means to end their own miseries, a thing which is immoral because they use their autonomy to destroy themselves. They reduce themselves to mere tools. Moreover, Kant said that though in life we often use other people’s services, we should not reach an extent of disrespecting and reducing others to mere tools for our own comfort (Rosenstand, 231). In prostitution, the client takes advantage of the prostitute’s poverty and uses her as a tool for their own comfort. Her dignity as a human being is disregarded.   Therefore prostitution is immoral both to the client and the prostitute.

Secondly, to argue that prostitution is like any other trade where we have a willing seller and willing buyer is to commit a fallacy of weak analogy. The act of prostitution is like selling oneself into slavery where an individual is not autonomous. The slaves are not treated as free rational beings; they are treated as mere means to satisfy the owners. On the other hand, in other trades, for example, where MTL Wanderers buys a player from BIG Bullets, the player still retains his autonomy. It is the skill which is bought not the individual person, the player still retains his autonomy. Prostitution involves selling the whole body just as in slavery. There is no any skill which a prostitute can claim to be selling. So to lose personal autonomy and dignity in return for money is like treating oneself as a mere means to an end, which according to Kant’s categorical imperative is immoral (Rosenstand, 231). Thus, though there is a mutual agreement between client and a prostitute, that agreement is immoral and invalid, since in that agreement the prostitute is used merely as a means to the client comfort.


Additionally, it has been mentioned that most prostitute are women with severe economic problems (Sheldon, 243). However, poverty can not justify prostitution. Given other means of attaining their needs, the women could not enter into prostitution. That is, though any one has a right to do whatever they like, few women enter into prostitution as matter of exercising that right. These women are driven by desperation (Barcalow, 243).

Fourthly, prostitution must be discouraged because it is threat to public health. Prostitutes are at high risk of contracting sexually transmitted diseases (STDs), because most of their clients refuse the use of condoms (Dearborn, 408). Prostitutes lack power in sexual negotiations because of the money they receive. In this case, prostitutes are vulnerable to HIV/AIDS and other related diseases like syphilis, gonorrhea, and Chlamydia. There clients are also likely to pass these infectious diseases to their marriage partners. As a result a government loses a lot of money and resources managing and treating the diseases.  The money and the resources could be diverted to other projects like constructing roads, bridges, boreholes and subsidizing farm inputs, which could benefit more people. Thus, prostitution as a business works to the disadvantage of the public good. According to utilitarianism, an act is morally right if it maximizes happiness of the greatest number of people, not only the individual happiness (Birsch, 54). Prostitution only benefits the client ant the prostitute and therefore from utilitarian perspective it is immoral. Though HIV/AIDS could still spread in the absence of prostitution, the act must be condemned because it fuels the spread of the disease.

Moreover, even though prostitution was to be monitored, dangers could still be there. Diseases like HIV/AIDS have a window period at which they may not be detected, but can be transmitted to others. The tests are not reliable; hence clients are still at risk of contracting the diseases. Thus though there are some successes in countries that have legalized and monitored prostitution, dangers still persist (Dearborn 408). The monitoring of prostitutes is difficult especially in developing nations that always have few health centers and limited medical personnel’s required for those regular tests.

Prostitution among women also leads to the risk of contracting cervix cancer. It is argued that cancer of the cervix is rare in women who have had little or no hetero-sexual intercourse, and it is positively related to the number of male sexual partners a woman has (Doyal, 77). Therefore to enter into prostitution is to expose oneself to such risks. It is better to be poor than be rich and feel pain of such a long illness which is also expensive to cure. Of course the other professions are also risky, but it’s just a matter of weighing the risks. For example the risks in a teaching profession are few than in prostitution. Therefore from a utilitarian perspective prostitution is immoral. The principle of utility requires pleasure obtained from an action to outweigh its pain (Pojman, 371). Prostitution fails to a certain extent.

Lastly, prostitution is a profession without dignity. Prostitutes are oftenly beaten up or even murdered. There are vulnerable to several abuses because their business is done secretly, making it difficult to be monitored. These abuses rarely happen in other professions. People do not view the other professions with such a critical perspective as they do with prostitution. This means there is something intrinsically wrong with prostitution. It is not the act of sex or the money paid which is immoral in prostitution, but the intention of having sex and the means of getting the money. If sex is done in order to express love, then it is moral. But if done with the intention of getting money, then it is amoral. Kant in his moral theory said an action is to be judged by its intention, a morally upright action is done out of the good will (Rosestand, 225).

Following this discussion it can be observed that prostitution fails to satisfy the ethical theories of Kantian deontology and utilitarianism. Therefore I can conclude confidently and explicitly that prostitution, no matter the reasons are, is immoral and must be discouraged at all times.  

In conclusion this essay has discussed the reasons for and against prostitution. The reasons justifying prostitution include the practice of individual autonomy and the need to address social-economic problems. Prostitution is condemned from both Kantian and utilitarian perspective. From the Kantian perspective it has been observed that the client uses the prostitute just as a mere tool for his own comfort. The prostitute too uses her own body as a mere means to end her own miseries. For these reasons prostitution is immoral. From a utilitarian perspective it has shown that prostitution brings more harm than good to the public. It does not maximize the happiness of the greatest number of people, and therefore it is immoral.
    


BIBLIOGRAPHY.

Barcalow, E. Moral Philosophy: Theories and Issues, 3rdEd. Wadsworth
California (2003).
Birsch, D. Philosophical issues. Mc Graw Hill, London (2003).
Childress, J.F & Mac Quarrie, J. (Eds). New Dictionary of Christian
Ethics. SCE, London (1985).
Doyal, L. What Makes a Woman Sick: Gender and Political economy of
Health. Macmillan, London (1995)
Jones, G. Existentialism is Humanism: Jean Paul Satre. John Murry,
London (2003).
Rosestand, N. The Moral of the Story: An Introduction to Ethics, 4thEd.
Mc Graw, Boston Canada (2003)
Sheldon, K. (Ed). Courtyards, Markets, City Streets: Urban women in
Africa. Westview, Colorado (1997).
Pojman, L. Philosophy: Quest for the Truth. Wadsworth,
California (1192)
Smith, R.A. (Ed) Encyclopedia of AIDS. Fitzroy Dearborn Publishers,
Chicago (1995)



BIBLIOGRAPHY.

Barcalow, E. Moral Philosophy: Theories and Issues, 3rdEd. Wadsworth
California (2003).
Birsch, D. Philosophical issues. Mc Graw Hill, London (2003).
Childress, J.F & Mac Quarrie, J. (Eds). New Dictionary of Christian
Ethics. SCE, London (1985).
Doyal, L. What Makes a Woman Sick: Gender and Political economy of
Health. Macmillan, London (1995)
Jones, G. Existentialism is Humanism: Jean Paul Satre. John Murry,
London (2003).
Rosestand, N. The Moral of the Story: An Introduction to Ethics, 4thEd.
Mc Graw, Boston Canada (2003)
Sheldon, K. (Ed). Courtyards, Markets, City Streets: Urban women in
Africa. Westview, Colorado (1997).
Pojman, L. Philosophy: Quest for the Truth. Wadsworth,
California (1192)
Popkin, R. Introduction to Philosophy.
Smith, R.A. (Ed) Encyclopedia of AIDS. Fitzroy Dearborn Publishers,
Chicago (1995)