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y a television crew, which then broadcast highly negative reports on sex workers. The stigmatization of sex workers, reinforced by their criminalization by the law and negative media reports, has created an atmosphere of impunity and lawlessness, depriving sex workers of basic human rights and any protection of their human rights by the state. 342 Respondents to a 2006 rapid assessment reported that brokers do not protect sex workers from police raids and arrests, and that women pay for their release through payment of bribes to police. 343 It is not an offence to buy sexual services. A study of 342 Mongolian sex workers found that the occupations of their most frequent clients included government workers (17.5 percent) and soldiers/police (3.5 percent). 344 100% Condom Use Programme (CUP) In 2002, a 100% CUP pilot was established in Darkhan-Uul province. The provincial Governor issued a Decree (No 316) requiring provincial organizations to participate in the implementation of the 100% CUP. The Decree included a standard agreement to be used with participating entertainment establishment owners. 345 A WHO/Government of Mongolia report of the pilot describes initial resistance from law enforcement agencies who believed that their participation in the programme conflicted with the law: It took time and effort to convince the police to become an important part of the programme. Many training sessions, seminars and advocacy meetings were conducted at all levels of law enforcement entity…As a result, the attitude of police officers towards sex workers has changed and they give more importance to the participation of sex workers in the programme...The principles of police involvement in the programme include the following: avoiding arrests of women performing sex work; checking ‘green cards’ of sex workers for their validity to ensure collaboration of sex workers with the programme; finding sex workers who are new or who work out of sight of the programme staff; and preventing sex workers from getting involved in crime, advocating for their human rights. 346 Collaboration of the police in the use of ‘green cards’ was considered to be effective in involving sex workers in the programme. In some sites, cards were provided to sex workers to facilitate referral of the sex workers for STI testing and treatment services and 342 Ibid. 343 Ibid. 344 Enkhbold S., Tugsdelger S. , Morita S., et al (2007) HIV/AIDS Related Knowledge and Risk Behaviors among Female Sex Workers in two Major Cities of Mongolia, Nagoya J. Med. Sci.69,157-165, p.160. 345 WHO (2005) 100% condom use programme: experience from Mongolia, Manila: WHO WPRO, p.15. 346 Ibid, p.14. 108
to protect the sex workers from police harassment (sex workers with green cards are those participating in the 100% CUP). 347 Some sex workers have expressed opposition to the scale-up of 100% CUPs in Mongolia due to concerns about stigma and discrimination. 348 East Japan Asia Implementation of the 100% CUP forms part of the Mongolian National Strategic Plan on HIV, AIDS and STIs 2010-2015, which states that to increase its effectiveness, efforts will be made to ensure the empowerment of sex workers as part of the programme. 349 5.6.3 Efforts to improve the legal environment In 2006, the Ministry of Justice and Home Affairs established a working group with participation of the Ministry of Health, the Police Department and an NGO to review the Law against Prostitution and Pornography to provide options for decriminalization of sex work. The Mongolian National Strategic Plan on HIV, AIDS and STIs 2010-2015 commits to a needs assessment that will examine stigma, discrimination and human rights violations among sex workers. The Strategy states that special attention will be given to attitudes among health care and law enforcement staff, as well as the need to prepare legal amendments to strengthen the human rights position of sex workers. The results of the assessment will inform a training programme on human rights issues, and advocacy will be done among policy makers and legislators to support the creation of a more supportive legal environment. Law enforcement staff will be sensitized on the importance of HIV prevention services among sex workers. 5.7 Japan Illegal SEX WORK IN PRIVATE Illegal SOLICITING Not illegal BROTHELS 5.7.1 Laws The Anti-Prostitution Law of 1956 prohibits sex work (‘prostitution’) or being a client of a sex worker (‘prostitute’), but no penalty is defined. 350 Penalties apply to soliciting, procuring a person for sex work, coercing a person into sex work, profiting from the sex work of 347 Ong G. (2009) Review of The 100% Condom Use Programme and Sexually Transmitted Infection Services in Selected Sites in Mongolia Final Report, Ministry of Health & WHO WPRO. 348 Working for a Living, The Humanitarian 7 July 2008 (Australian Red Cross). www.redcross.org.au/library_ publications_humanitarian_July08_article4.htm 349 National Committee on HIV/AIDS, Mongolia (2010) Mongolian National Strategic Plan on HIV, AIDS and STIs 2010-2015, p46. 350 Article 3. 109
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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
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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 120 and 121: In 2011, the Legislature amended th
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
Page 170 and 171: 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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