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others, inducing a person to be a sex worker, furnishing a place for sex work and engaging in the business of making a person a sex worker. The definition of ‘prostitution’ is strictly limited to coitus. Massage parlours and premises known as ‘soaploads’ are regulated and provide sexual services to men without breaching the law. If convicted of soliciting, sex workers may be imprisoned or detained at rehabilitation centres. The Businesses Affecting Public Morals Regulation Law of 1948 regulates businesses where legal sex work occurs, i.e. sex work that does not involve coitus. In effect, this law allows sex work to occur without attracting legal sanctions. 5.7.2 Law enforcement practices The Anti-Prostitution Law is reportedly rarely enforced against sex workers, except migrant sex workers soliciting in the streets. It has been argued that the Anti-Prostitution Law needs to be amended in the context of HIV prevention, as police interference prevents street workers, especially foreign sex workers, from seeking STI and HIV services. 351 Many of Japan’s sex workers are from poorer Asian countries and their irregular migration status means that they have few legal protections. The primary law enforcement issues relate to the manner in which police identify and deport migrant sex workers. 352 5.8 Republic of Korea (South Korea) 353 Illegal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS 5.8.1 Laws All forms of sex work are criminalized. Prior to 2004, the law defined sex workers as morally degenerate and imposed penalties for ‘protection of sexual morality’. However, this law was rarely enforced. In 2004, more severe penalties were introduced by the Act on the Punishment of Acts of Arranging Sexual Traffic and Enforcement Decree of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims Thereof. 354 351 Mondal N., Takaku H., Ohkusa Y., (2009) Impact of age at marriage and migration on HIV and AIDS epidemics in Japan International Journal for Equity in Health 8:23, p.9; Kimoto K., (1999) Barriers to Safer Sex Practices among Commercial Sex Workers in Osaka, Japan: Scope for Prevention of Future HIV Epidemic Harvard School of Pubic Health. 352 United States Department of State, Trafficking in Persons Report 2010 - Japan, Washington: State Department. 353 Informaton supplementing the original version of this chapter was provided by the sex worker NGO ‘GG’ (Giant Girls). 354 The Acts are available at: http://elaw.klri.re.kr/ 110
The Act on the Punishment of Acts of Arranging Sexual Traffic defines sexual traffic to include sexual intercourse in exchange for money or goods (Article 2). Therefore, sex work is defined as a form of trafficking. The penalty for anyone who has been engaged in sexual traffic is imprisonment for not more than one year or a fine not exceeding 3 million won (Article 21). This provision criminalizes both sex workers and their clients. Persons who are coerced into providing sexual services are not liable to be punished (Article 6(1)). Replublic East Asia of Korea Other offences include soliciting, arranging, enticing, recruiting and providing premises for the purposes of sex work (Articles 2 and 19). Advertising a sexual traffic business shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 30 million won (Articles 19(1) and 20). The penalty for operating a sexual traffic business is imprisonment for not more than 7 years or a fine of not more than 70 million won (Article 19 (2)). In 2006 the Constitutional Court referred to prostitution as ‘a low and mean occupation’ that is harmful to public morals. The Court upheld criminal penalties relating to recruiting people to work in the sex industry. 355 The Constitutional Court has also declared that the offence of providing a place for the purpose of trafficking in sex is constitutional, citing the UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, 356 which the Korean government signed in 1962. 357 “AFTER THE INTRODUCTION OF THE ANTI-TRAFFICKING LAW THAT CRIMINALIZED SEX WORK IN 2004, THIS PRACTICE ENDED AND SEX WORKERS BECAME RELUCTANT TO REGISTER FOR STI TESTING AND TREATMENT DUE TO FEAR OF PROSECUTION.” The Constitutional Court in 2011 ruled that adults engaged in ‘sexual traffic’ are subject to punishment because they are able to earn a living by means of a variety of occupations except for sex work. 358 5.8.2 Law enforcement practices From 1984-2004, the government tolerated the sex industry provided that sex workers registered with health authorities and operated in specific red-light areas. Sex workers were required to be tested for STIs periodically and for HIV every six months. 359 The government authorized the Korean Tourist Association to license bars or kisaeng (professional entertainer) houses near U.S. military bases and tourist enclaves. The government provided the workers based at these licensed entertainment establishments with STI and HIV testing. 360 After the introduction of the anti-trafficking law that criminalized sex work in 2004, this practice ended and sex workers became reluctant to register for STI testing and treatment due to fear of prosecution. 361 Data on sex workers registered for 355 2006. 5. 25. 20054 356 Article 2: The Parties to the present Convention further agree to punish any person who:1. Keeps or manages, or knowingly finances or takes part in the financing of a brothel; 2. Knowingly lets or rents a building or other place or any part thereof for the purpose of the prostitution of others. 357 2006. 6. 9 2005 1167 358 2011.10.25 20111 359 Shin S. (2006) Republic of Korea, in eds. Yamamoto T., Itoh S., Fighting a Rising Tide: The Response to AIDS in East Asia. Tokyo: Japan Center for International Exchange, p. 159. 360 Jordan A. (2000) op cit. 361 Junghwan Lee, Sungyoung Lee (2010), Impact of Anti-Prostitution Law on Sexually Transmitted Disease Control Program, Studies on Health and Social Affairs 30.1 Korea Institute for Health and Social Affairs. p. 227- 111
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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
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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 122 and 123: y a television crew, which then bro
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
Page 172 and 173: 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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