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SEX WORK AND THE LAW - HIV/AIDS Data Hub

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Harbouring a person who has been unlawfully transported for the purpose of<br />

exploitation (Article 19)<br />

A 2008 Police Guideline on the Implementation of the Law on Suppression of Human<br />

Trafficking and Sexual Exploitation states that sex workers are not criminals. 373<br />

Cambodia<br />

The Law on the Prevention and Control of <strong>HIV</strong> and <strong>AIDS</strong>, 2002 includes prohibitions<br />

on compulsory testing (Articles 19 and 20), breach of confidentiality (Article 33) and<br />

discrimination (Articles 36-42).<br />

6.2.2 Law enforcement practices<br />

Nature of sex work<br />

Female sex workers operate primarily from massage parlours, guesthouses and<br />

entertainment establishments such as bars, beer gardens, restaurants and karaoke clubs.<br />

Some transgender people also sell sex at entertainment establishments. The number<br />

of sex workers (sometimes referred to as ‘entertainment workers’) is estimated to be<br />

between 42,000 to 47,000 nationwide, with approximately 21,000 in Phnom Penh. 374 A<br />

small proportion of the sex industry (including female, male and transgender sex workers)<br />

operates from public places such as streets, parks, markets and bus terminals.<br />

The brothel-based industry has decreased significantly in size over the last decade.<br />

UN<strong>AIDS</strong> states that this trend was primarily due to changes in male client social and<br />

sexual networking, rather than law enforcement practices, but that police crackdowns on<br />

brothels in 2007-2008 accelerated an already well-advanced change.<br />

In interviews undertaken in support of this study, the Cambodian Prostitute Union (CPU)<br />

confirmed that brothels have decreased in number dramatically in recent years, and sex<br />

workers are based instead in venues such as karaoke bars, massage parlours, and beer<br />

gardens. A focus-group discussion with entertainment workers held in Kampong Cham<br />

in 2011 confirmed that it is now standard practice for entertainment workers to rent<br />

rooms and operate their businesses on their own. As a result, brothel-based sex work is<br />

now virtually non-existent in Kampong Cham Province and across Cambodia. It is widely<br />

understood that legal sanctions are severe for people who profit by acting as mediators<br />

between clients and entertainment workers. Similarly, a focus group discussion with staff<br />

and activists of the NGO Save Incapacity Teenagers (SIT) in Prek Leap area (Phnom Penh)<br />

confirmed that there were 67 entertainment establishments operating in Prek Leap in<br />

2011, but brothels no longer exist in that area.<br />

Information from focus groups and key informants in Kampong Cham confirmed that the<br />

street or park-based sex workers are estimated at only 2% of all sex services. Street and<br />

park-based work is thought to occur in Sihanouk Ville, Phnom Penh, Poipet and Siem Reap.<br />

The Women’s Network for Unity estimated that there are less than 1,000 people working<br />

in the streets and parks in Phnom Penh, while the Cambodian Prostitutes Union estimated<br />

that there are around 1,100.<br />

373 Kingdom of Cambodia, Taskforce Against Human Trafficking and Smuggling (2008) Labour and sexual<br />

exploitation of women and children, Guidelines on Enforcing the Law on Human Trafficking and Sexual exploitation,<br />

No. 001sNnbCrBP, 28 October 2008.<br />

374 Serey Phal Kien, Consultancy Report to UNDP, Jan 2012.<br />

119

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