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In 2011, the Legislature amended the Social Order and Maintenance Act to legalize the sex trade in red light districts. In response to the new laws introduced in 2011, the National Police Agency said it would step up its crackdown on illegal sex trade outside red light districts. There are reports of a police crackdown on unlicensed sex work in 2011. 335 The 2011 law requires the government to help sex workers develop skills so that they can enter other occupations should they so desire. 336 5.5.3 Efforts to improve the legal environment The Collective of Sex Workers and Supporters (COSWAS) advocates for the rights and welfare of sex workers and seeks decriminalization of sex work. COSWAS criticized the 2011 legislation as a de facto ban on prostitution, given that few (if any) local governments are expected to agree to set up official red light districts. COSWAS engages in community education, public awareness-raising and lobbying and advocacy. COSWAS argues that the only effective way to empower women and men involved in sex work is to decriminalize sex work and regulate the work environment by law so as to protect sex workers from violence and exploitation. COSWAS also provides outreach services to reach street sex workers. 5.6 Mongolia 337 Illegal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS 5.6.1 Laws The 1998 Law on Combating Licentiousness (Prostitution and Pornography) and the Criminal Code criminalize sex work or soliciting customers, the act of organizing sex work, luring, recruiting or forcing someone into sex work and facilitating sex work by providing space or transportation. The Law on Combating Licentiousness (Prostitution and Pornography) defines pornography as including ‘prostitution, the exploitation of prostitution, and organizing, mediating, and promoting prostitution’ (Article 3.1.2). Under Article 13.2.1, persons engaging in sex work shall have their income confiscated and be subject to 14-30 days detention. Persons who organize, mediate, or promote sex work shall be fined 35,000-50,000 tögrög or detained for 7-15 days, and any organization involved in such activities shall be fined 100,000-250,000 tögrög. Any hotel, bar, or other location knowingly used for the purpose 335 Wu Liang-yi (2012) Medic makes ‘house calls’ to treat sex workers, Taipei Times, 10 March 2012. 336 Ibid. 337 See: (2004) Combating human trafficking in Mongolia: issues and opportunities Center for Human Rights and Development http://asiafoundation.org/pdf/Mongolia-trafficking.pdf; Bulgamaa B. (2009) Report: Mongolian Sex Workers Becoming Younger, Worse off, UB Post, 15 January 2009. 106
of sex work shall be closed, and any vehicle knowingly used to facilitate sex work shall be confiscated. Article 12.2 authorizes the police to inform local officials of sex workers residing in their districts and to make public information about sex workers. 338 5.6.2 Law enforcement The Mongolian National Strategic Plan on HIV, AIDS and STIs 2010-2015 states: Mongolia East Asia Partly as a result of the illegal character of sex work and the associated police harassment and arrests, sex work has become more organized and clandestine. Recent trends show an increase in mobile sex workers who are contacted by cell phones, sex workers working as masseuses in saunas, and ‘table girls’ or waitresses in bars and karaoke bars…Negative attitudes and harassment by police officers hamper harm reduction interventions among sex workers. The Strategic Plan also notes that negative attitudes of health care providers towards sex workers limits their access to a range of HIV and STI prevention services. The National Human Rights Commission has raised concerns that the prohibition of sex work drives sex workers underground and exposes women to serious rights violations including breach of privacy. 339 There are periodic police crackdowns. For example, in 2008, police closed 21 saunas, massage services and five small hotels. 80 girls and women were arrested for sex work and 34 owners of saunas and massage centres were being investigated. 340 Police target street workers, and those operating in cheaper hotels and saunas. Survey findings reported in a Country Gender Assessment conducted in 2008 included: 59.2 percent of a sample of sex workers who work on the streets had been subjected to administrative penalties for sex work. 40.8 percent stated they have a hidden status and have not been registered by the police. 72 percent of the sex workers stated they will not turn for police assistance. Policemen reportedly “frequently beat, demand money, force women to enter sexual contact, and insult the women.” 341 According to the Country Gender Assessment, the 1998 law: …(has) given police officers license to frequently raid sites of prostitution, arrest sex workers, subject them to humiliating and dehumanizing treatment, and extort sexual services and bribe money under the threat of arrests and high fees. Often such raids are accompanied “THE NATIONAL HUMAN RIGHTS COMMISSION HAS RAISED CONCERNS THAT THE PROHIBITION OF SEX WORK DRIVES SEX WORKERS UNDERGROUND AND EXPOSES WOMEN TO SERIOUS RIGHTS VIOLATIONS INCLUDING BREACH OF PRIVACY.” 338 National Human Rights Commission of Mongolia (2008) International standards on the rights of women and comparative study of national legislation, report to CEDAW available at: http://www2.ohchr.org/english/ bodies/cedaw/docs/ngos/NHRC_of_Mongolia_cedaw42.pdf 339 Ibid. 340 Bulgamaa B. (2008) Police Arrest Dozens in Prostitution Crack-Down UB Post 6 May 2008. 341 See: Bulgamaa B. (2009) Report: Mongolian Sex Workers Becoming Younger, Worse off, UB Post, 15 January 2009, which reports that the National Network of Mongolian Women’s Organizations prepared the Country Gender Assessment 2008. 107
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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
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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 118 and 119: 5.4.1 Laws Sex work in private is l
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
Page 168 and 169: 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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