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SEX WORK AND THE LAW - HIV/AIDS Data Hub

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violations were reported. Sex workers alleged assaults, rape, deaths in custody and lack of<br />

access to medical care. 380<br />

The 2008 crackdown led to significant decreases in the number of sex workers attending<br />

health services. Carrying condoms was used as evidence to justify many arrests. 381<br />

According to Human Rights Watch:<br />

Cambodia<br />

Throughout 2008 <strong>HIV</strong>/<strong>AIDS</strong> activists, health workers, and sex worker groups voiced<br />

concerns about increased abuses by authorities, and their difficulty in accessing sex<br />

workers – many of whom were driven underground because they feared arrest. 382<br />

The Cambodian Alliance for Combating <strong>HIV</strong>/<strong>AIDS</strong> (CACHA) conducted a study on the right<br />

to work of entertainment workers. <strong>Data</strong> was collected from 1,116 sex workers in 2008.<br />

Findings included: 383<br />

<br />

<br />

The Trafficking Law contributed to a shift from brothel-based transactions towards<br />

independent work and there was increased mobility among sex workers. This may be<br />

attributed to the law, which increased fear of arrests. FHI reported that in one area, 7<br />

percent of ART patients were lost to follow up.<br />

Many entertainment workers were afraid to talk openly about their activities and<br />

were afraid to access <strong>HIV</strong> services. CARE reported that, as a result of the drive to close<br />

brothels, visits to STI clinics by entertainment workers in one target area “became even<br />

less frequent and for many women, totally stopped.” During the first two quarters of<br />

2008 there was a 26 percent reduction in the number of women seeking STI diagnosis<br />

and treatment at FHI360 clinics.<br />

A joint position statement of public health agencies, UN agencies and NGOs stated that<br />

the crackdown was raising the risk of <strong>HIV</strong> spreading further by reducing their access to sex<br />

workers, and highlighted the following developments: 384<br />

1. An increase in the number of women selling sex on the street – many of whom are <strong>HIV</strong><br />

positive – which further increased their vulnerability to trafficking, exploitation and<br />

<strong>HIV</strong>/STI infection and transmission.<br />

2. A reduction in the sale of condoms and the availability of condoms in entertainment<br />

establishments increased the risk of <strong>HIV</strong> transmission through unprotected sex.<br />

3. A 26 percent reduction in the number of women seeking STI diagnosis and treatment<br />

at family health clinics.<br />

4. A 10 percent reduction in contacts by NGO outreach workers, which decreased<br />

entertainment workers access to information and condoms.<br />

380 Overs C. (2009) op cit., p.8; Keo C., (2009) op cit., p.8; In 2010 there were reports that Phnom Penh’s<br />

municipal Social Affairs office continues to detain some sex workers at the detention centre at Prey Speu,<br />

which houses homeless people: Pearson E., (2010) Towards a More Humane Treatment of Sex Workers, Homeless,<br />

Human Rights Watch, available at: http://www.hrw.org/en/news/2010/08/03/towards-more-humanetreatment-sex-workers-homeless.<br />

381 Keo C., (2009) Consultancy Report to Cambodian Alliance for Combating <strong>HIV</strong>/<strong>AIDS</strong> (CACHA) Hard Life For A<br />

Legal Work: The 2008 Anti-Trafficking Law and Sex Work. CACHA.<br />

382 Human Rights Watch, (2010) op cit. p.23.<br />

383 Low S. (2009) op cit.<br />

384 United Nations, Donor and Civil Society Position Statement, Protecting Cambodia’s <strong>HIV</strong>/<strong>AIDS</strong> Gains: The Public<br />

Health Effects of the Kingdom of Cambodia’s Trafficking Suppression Campaign and Law on the `Suppression of<br />

Trafficking and Sexual Exploitation, quoted in Overs C., (2009) op cit. p.17.<br />

121

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