Vagrancy laws are a set of rules that make it a crime for a person to wander from one place to another with no visible means of support. In most instances, vagrancy laws criminalise the homeless and jobless.
Petty Offences is committed to decriminalising and reclassifying petty offences in Africa which shackle those who are already oppressed by the system and community.
Count the cost of exclusion: decriminalising poverty and status
The organisation recently hosted a seminar titled “Counting the cost of exclusion: decriminalising poverty and status”.
Dr. Tarryn Bannister, APCOF, explained how vagrancy laws punish, segregate and control people based on who they are rather than what they’ve done.
These people are normally vulnerable already and live with a lack of education and homelessness. They are usually unable to pay for fines which further exacerbates their financial vulnerability.
In many ways, vagrancy laws can be likened to the chicken or the egg analogy, with no clear solution or progress.
Take a moment to consider the prejudice that you hold against different groups of people.
Assumptions and poverty
Tunisian lawyer and activist, Sana Ben Achour, shared her thoughts and studies on the matter during the recent seminar hosted by Petty Offences on “Counting the cost of exclusion: decriminalising poverty and status”.
While discussing the repercussions of vagrancy laws, Sana drew attention to the assumptions that large parts of society hold against poverty, including;
- Theft
- Damage to property
- Criminal (or the potential to be)
- Delinquent behaviour
theft, damage to property etc. In many ways, being poor means that you are (or hold potential to be) a criminal or delinquent.
These presumptions around criminality and stereotypes prevent progress and generate a harmful attitude toward the vulnerable and marginalised.
As conscious citizens of the world, we should constantly be questioning the assumptions that we make and whether or not they are valid and/or helpful.
coming back to statistics...
... or the lack thereof.
In the recent seminar by Petty Offences, Sexual Orientation and Gender Identity Advisor for the World Bank Group, Clifton Cortez, introduced a powerful thought.
On the topic of vagrancy laws, Clifton suggests that legal analysis should be followed by economic analysis. Often, legal framework serves as a barrier to economic growth, which keeps the marginalised in the folds of society.
As an example, nearly every country has laws to harass sexual minorities to some degree, especially those who are poor. Even though direct criminalisation of sexual minorities has been falling in developed countries, harrassment continues elsewhere. In some places, there is even the increased threat of harassment.
European Parliament reports that “Three out of five African countries have laws criminalising homosexuality and the public expression of sexual or gender behaviour that does not conform with heterosexual norms.”
Data is key to understanding the obstacles that sexual minorities face, yet their stories are seldom documented. In addition, their struggles are often credited to other issues that are less controversial.
While data is important to understanding a situation, it’s equally important to present a holistic picture and gather information on the social and economic impact of legal framework.
