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The UN Committee on the Elimination of Discrimination against Women has formally expressed concerns about the use by the police of the Vagrants Ordinance to arbitrarily arrest sex workers. The Committee urged the Government of Sri Lanka to ensure that the police refrain from use of the Vagrants Ordinance to arrest sex workers on the street. 272 There are press reports of police raids of venues used as brothels conducted in 2009, 2010 and 2011 in Colombo, resulting in the arrest of sex workers. 273 In the 2009 case, seven sex workers were detained pending their court date and were required by court order to undergo tests for sexually transmitted infections. There are also reports of raids conducted by immigration authorities resulting in deportation of migrant sex workers. 274 A study of the interactions of transgender sex workers with police found that they experience victimization by police targeting their feminine gender expression and sexuality. These abuses include verbal, physical, and sexual abuse as well as inequality in responses of police to complaints. 275 There is one House of Detention for women in Sri Lanka (Methsevena) where sex workers arrested under the Vagrants Ordinance may be legally detained as an alternative to prison. The managers of Methsevena have been criticized by the Human Rights Commission of Sri Lanka for violating the human rights of women. 276 In 2004, the Methsevena House of Detention included a rehabilitation centre, a vocational training school, a spice packing industry and a garment factory. The Human Rights Commission’s 2004 review found that many women at Methsevena were serving time in detention that was longer than the specified sentences or in some cases without a release date. The law requires adult women detainees to be released with the permission of a guardian. Methsevena houses approximately 300 women. The Human Rights Commission review recommended that magistrates be required to specify a release date upon sentencing, and that houses of detention be prohibited from detaining adult women simply because they have no guardian. As at April 2011, these recommendations had not been implemented. 277 4.8.3 Efforts to improve the legal environment UNFPA is supporting the National STD and AIDS Control programme to do a series of training-of-trainer workshops with the police aimed at reducing the arbitrary arrest of street-based sex workers for condom possession. This series of workshops are for police attached to police training academies and other police personnel responsible for training. A curriculum has been developed and includes short video clips, presentations 272 Committee on the Elimination of Discrimination against Women (2011), Concluding observations, Fortyeighth session 17 January - 4 February 2011. CEDAW/C/LKA/CO/7. 273 Super brothel raided in Sri Lanka, Colombo Page, 5 December 2010; Brothel raid nets popular actress, The Nation on Sunday, 30 August 2010; A brothel under guise of Spa raided, Lankapuvath 21 May 2011. 274 E-sex bust: Sri Lanka shuts down pioneer e-commerce sex service Lanka Business online, 23 April 2006. 275 Nichols A., (2010) Dance Ponnaya, Dance! Police Abuses Against Transgender Sex Workers in Sri Lanka, Feminist Criminology 5, p.195-222. See also: Miller J. (2002) Violence and Coercion in Sri Lanka’s Commercial Sex Industry: Intersections of Gender, Sexuality, Culture and the Law Violence Against Women 8(9): 1045-1074; Miller J., Jayasundara D., Dayawansa D., (2000) Violence Against Sex Workers in Sri Lanka: Causes, Consequences and Remedies. ICES Lecture Series Address. Sri Lanka: International Centre for Ethnic Studies. 276 Monitoring and Review Division, Human Rights Commission of Sri Lanka (2004) Human Rights Report: Methsevena State House of Detention, Gangodawila. Colombo: Human Rights Commission. 277 Thiyagarajah J. (2011), Vagrance (sic), brothels, prostitution and laws against the poor. The Daily Mirror. 7 April 2011; and see similarly: http://www.dailymirror.lk/opinion/172-opinion/20145-law-and-gurus-of-sleep. html 88
and case studies. HIV positive people are also involved in the delivery of the three-day programme. 278 Sri Lanka 278 Vidanapathirana H., Sangeeth M. (2012) Capacity building of law enforcement officers to handle sex workers In Sri Lanka, THAC0505 - Oral Abstract, XIX International AIDS Conference, Washington. 89
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SEX WORK AND THE LAW IN ASIA AND TH
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SEX WORK AND THE LAW IN ASIA AND TH
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Table of contents 7. PACIFIC Overvi
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ACRONYMS AND KEY TERMS Term Definit
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PLHIV People Living with HIV PLRI P
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Legal terms Law: Laws are rules pre
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xii AN INDIAN HEALTH WORKER EXPLAIN
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India, Nepal and the Philippines).
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Laws, policies and practices that a
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opened a bar in Chiang Mai that pro
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8 SUSPECTED SEX WORKERS HIDE THEIR
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ii. iii. consultations with sex wor
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1.2 International legal and policy
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iii. the report of the Independent
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into commercial sex and by whom, an
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UN Trafficking Convention The UN Co
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20 SEX WORKERS WAIT FOR CLIENTS ON
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to police for fear of further abuse
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social security laws that do not re
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example. However, as these programm
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Jagriti Mahila Maha Sangh (Federati
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organize within their communities a
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32 KUAN HSIU-CHIN, ONE OF TAIWAN’
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Where governments have recognized t
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1.2 Laws that criminalize sex work
Page 52 and 53: 4.2 Donors should support NGOs and
Page 54 and 55: 40 NEARLY 2,000 SEX WORKERS SHOUT S
Page 56 and 57: e.g., devadasis, jogins, bhavins. T
Page 58 and 59: TABLE 1: LEGALITY OF ADULT SEX WORK
Page 60 and 61: The Local Government (Zila Parishad
Page 62 and 63: Despite the Court’s ruling, a stu
Page 64 and 65: order to ensure smooth operation of
Page 66 and 67: 4.3 Bhutan Illegal SEX WORK IN PRIV
Page 68 and 69: State laws relating to public order
Page 70 and 71: The Act provides institutional reha
Page 72 and 73: Convention for Suppression of Traff
Page 74 and 75: 4.4.2 Law enforcement practices Pol
Page 76 and 77: A study of 673 female sex workers i
Page 78 and 79: Kotiswaran has conducted a detailed
Page 80 and 81: involving power analysis, implement
Page 82 and 83: HIV/AIDS coordination committees we
Page 84 and 85: …The community mobilization effor
Page 86 and 87: The DMSC approach has reduced the n
Page 88 and 89: 4.5 Maldives Illegal SEX WORK IN PR
Page 90 and 91: 4.6.1 Laws The Trafficking and Tran
Page 92 and 93: false arrest for carrying condoms,
Page 94 and 95: 2. The government, donors and UN ag
Page 96 and 97: Section 371A and Section 371B of th
Page 98 and 99: Sex workers are routinely harassed
Page 100 and 101: fine. 261 An ‘incorrigible rogue
Page 104 and 105: 90 Caption for photo here SEX WORKE
Page 106 and 107: TABLE 2: LEGALITY OF ADULT SEX WORK
Page 108 and 109: or accommodates a woman for sex wor
Page 110 and 111: there are many illegal practices pe
Page 112 and 113: of police misconduct reported by se
Page 114 and 115: All pilot projects recognized that
Page 116 and 117: 5.3 Hong Kong Special Administrativ
Page 118 and 119: 5.4.1 Laws Sex work in private is l
Page 120 and 121: In 2011, the Legislature amended th
Page 122 and 123: y a television crew, which then bro
Page 124 and 125: others, inducing a person to be a s
Page 126 and 127: STI examinations show a rapid decre
Page 128 and 129: A SEX WORKER STANDS IN A DOORWAY AT
Page 130 and 131: deportation, with limited access to
Page 132 and 133: 6.2 Cambodia 371 Legal SEX WORK IN
Page 134 and 135: Prior to 2008, research documented
Page 136 and 137: 5. Targeting of sex workers reduced
Page 138 and 139: involved in drug use, special inter
Page 140 and 141: educate about the situation of sex
Page 142 and 143: such as streets and parks are a bar
Page 144 and 145: of Rp 5000 before leaving.…Securi
Page 146 and 147: 100% CUP 100% CUP approaches have b
Page 148 and 149: young, poorly educated Khmou women
Page 150 and 151: 6.4.3 Efforts to improve the legal
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There are periodic police crackdown
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Several workers in all groups raise
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The government issued an Administra
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Sex workers in many countries have
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of HIV prevention efforts. In the a
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There are also protective laws such
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Other examples of local ordinances
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Sex workers working independently a
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standard operating procedures of la
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If sex work is conducted in a ‘pr
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Suppression of Human Trafficking Ac
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According to the Empower Foundation
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and STD awareness, limited access t
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including sex workers, on a volunta
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2010. 584 A raid in 2011 by police
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The National Programme aims to free
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6.11.3 Efforts to improve the legal
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TRANSGENDER SEX WORKER, SHEENA, HAS
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antibodies. Certification may engen
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continued Sub-region / country / te
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continued Sub-region / country / te
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7.3 Kiribati Legal SEX WORK IN PRIV
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The HIV/AIDS Decree 2011 provides t
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in building community and liaise wi
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provide a place to work or to prote
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of discrimination and police brutal
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Another man described a raid on the
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and key populations, including sex
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The purpose of this Act is to decri
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Laws State / Territory Legislation
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programmes. 696 New South Wales dec
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testing increased, with the regular
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ANNEX I: SELECT BIBLIOGRAPHY Abel G
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National Network of Sex Workers and
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Violence from police (e.g., Republi
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Theme: Economic Rights/Right to Liv
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ANNEX III: LIST OF ORGANIZATIONS PA
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