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5.4.1 Laws Sex work in private is legal. Soliciting and keeping a brothel are offences under the Criminal Code. Soliciting in a public place attracts a fine of up to 5,000 pataca. It is also an offence to administer a brothel or to ‘control prostitution.’ Anyone who acts as an agent encouraging the sex trade may be imprisoned for one to five years. 5.4.2 Law enforcement practices Press reports suggest there are about 4,000 mainland Chinese women working as sex workers in clubs and casinos in Macau. 328 In 2010, a police raid on a casino resulted in 110 mainland Chinese sex workers being detained. 329 A survey of 491 sex workers commissioned by the AIDS Prevention and Control Commission found that sex workers feel harassed by the police and are afraid of being deported. Most respondents did not know what laws regulate the local sex industry and complained most police officers have never explained to them the reasons for raids and arrests. Most Chinese women in the sex trade enter Macao on two-week tourist visas. More than 40 percent of Chinese prostitutes surveyed said they were forced to have sex with clients. Forty six percent had experienced verbal violence and 17 percent suffered serious physical violence. Cases of assault or rape are not reported to the police because the women are aware that they are working illegally. 330 5.5 Taiwan, Province of China Not Illegal SEX WORK IN PRIVATE Illegal SOLICITING Legal BROTHELS 5.5.1 Laws The Social Order and Maintenance Act criminalizes sex work that occurs outside of official red-light districts. A maximum fine of $30,000 New Taiwan dollars is provided for both the sex workers and their clients, and a maximum fine of $50,000 New Taiwan dollars and five-day detention for brothel operators. Municipalities or counties have the power to define official red-light districts where sex work is permitted. Draft regulations indicate that the legal sex industry will be restricted to red-light districts, away from residential and religious zones, and that brothels and sex workers will be required to apply for licenses. Sex workers will have to undergo periodic health checks. 331 328 Neumann A., Chong D., (2005) Sex and the gambling man, The Standard, 26 March 2005. 329 Brieger P., (2010) Over 100 held for prostitution at Venetian in Macau. AFP, 9 December 2010. 330 Quinta V., High risk of violence, STD: study No ‘easy’ money for sex workers, Macau Daily Times, 20 January 2012. 331 Lee Seok Hwai (2011) Taiwan set to lift 20-year sex trade ban Asia News Network, 13 May 2011. 104
5.5.2 Law enforcement practices Taiwan has regulated sex work since 1956, when a law was enacted allowing licensed brothels to operate in Taipei. Less than 10 percent of brothels received licenses. As the economy boomed in the 1990s, the location of the sex industry shifted from brothels to other venues such as hair salons and karaoke parlors. 332 Taiwan, Province East Asia of China The nature of the sex industry under the licensing system was described as follows in 2000: Licensed prostitutes are under the management of local police bureau. In Taipei for example under the Taipei Licensed Prostitutes Management Act enacted in 1973, a weekly medical health check is required for licensed prostitutes in licensed brothels. However, due to strict legal constraints over licensed brothels (e.g., death of brothel owner results in the brothels’ closure as brothel ownership and location is nontransferable). In 1973, there were more than a hundred licensed brothels, with nearly a thousand licensed prostitutes. By 1997, the number of licensed brothels had fallen to 18, with only 128 licensed prostitutes...The number of licensed prostitutes in other areas is also declining as few new, younger prostitutes are granted licenses… The decline of licensed prostitutes does not reflect a similar decline in the sex industry. The most visible sign of the sex industry is not in formal sex establishments, instead the trade is transacted in hotels, massage parlours, teahouses, barber shops, and saunas in every corner of Taipei city. The Municipal Government is aware of the large sex industry, but it believes its eradication is best through indirect attacks - cutting off electricity and water supply is the main slogan for government leadership. Yet it will not be possible as the underground industry has strong links with both the police and the triads. Unlicensed sex workers are working under many forms of exploitation from clients, brothel owners and police. They cannot refuse clients like drunks, those who refuse to wear condoms, and those demanding additional services. They suffer physical abuse, robbery and refusal to pay from clients, abuse and sub-standard working conditions from employers, and are denied social welfare benefits. 333 In 2001, the Taipei City government stopped issuing new brothel licenses. After the original brothel owner died, the licensed brothels were required to close down unless a member of the immediate family was willing to take over the license. In 2011, only 11 of the original licensed brothels were left. 334 Sex work was an offence from 1991-2009 under Article 80 of the Social Order and Maintenance Act 1991, under which sex workers could be imprisoned for up to three days, detained or fined for up to $30,000 New Taiwan dollars. In 2009, Taiwan’s Constitutional Court ruled that Article 80 of the Social Order and Maintenance Act was unconstitutional because it undermined the right of equality of sex workers under the Constitution of the Republic of China (Article 7) by prescribing penalties for sex workers, but not their clients. Technically Article 80 of the Act remained in force until 2011, but was not actively enforced. 332 The Trouble With Taiwan’s New Prostitution Rules, Wall Street Journal: China Real Time Report, 16 November 2011. 333 Shouchin, and Chou J.(2000) Sex work in Taiwan, Asian Labour Update, Issue:33, (December 1999 - February 2000). 334 The Trouble With Taiwan’s New Prostitution Rules, Wall Street Journal: China Real Time Report, 16 November 2011. 105
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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
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4.2 Donors should support NGOs and
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40 NEARLY 2,000 SEX WORKERS SHOUT S
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e.g., devadasis, jogins, bhavins. T
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TABLE 1: LEGALITY OF ADULT SEX WORK
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The Local Government (Zila Parishad
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Despite the Court’s ruling, a stu
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order to ensure smooth operation of
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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 102 and 103: The UN Committee on the Elimination
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 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
Page 152 and 153: There are periodic police crackdown
Page 154 and 155: Several workers in all groups raise
Page 156 and 157: The government issued an Administra
Page 158 and 159: Sex workers in many countries have
Page 160 and 161: of HIV prevention efforts. In the a
Page 162 and 163: There are also protective laws such
Page 164 and 165: Other examples of local ordinances
Page 166 and 167: 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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