SEX WORK AND THE LAW - HIV/AIDS Data Hub

Given that the nature of the sex industry was changing, a new policy response was
formulated.
The National HIV/AIDS Strategic Plan 2011-2015 387 committed to revision of the national
regulation on the 100% condom use policy known as Prakas 066 to expand condom
programming to non-brothel entertainment establishments, and development of a
guideline outlining the role of police, local authorities, health workers and communities
to support implementation. In 2011, the Ministry of Interior issued a Letter of Declaration
clarifying that the 100% Condom Use Policy does not conflict with the Trafficking Law.
The Declaration states that police will not use condoms as an evidence for arrest except
in rape-related cases. 388
Cambodia
The National AIDS Authority, Provincial AIDS Committees
and a range of NGOs have supported circulation of the
revised Prakas 066 to entertainment establishments so as to
reduce police raids and other problematic law enforcement
interventions.
In 2006, Prakas 086 was issued by the Ministry of Labour and
Vocational Training, which promulgated the establishment
of AIDS Committees in the workplace to facilitate access
to HIV services in large-scale enterprises such as garment
factories. In 2011, the Ministry agreed to expand efforts to
entertainment facilities, including to casinos in border areas.
AIDS Committees have the potential to play an active role in
facilitating a supportive environment and access to HIV and
other services for entertainment workers.
“IN 2011, THE MINISTRY
OF INTERIOR ISSUED A
LETTER OF DECLARATION
CLARIFYING THAT ... POLICE
WILL NOT USE CONDOMS
AS AN EVIDENCE FOR
ARREST EXCEPT IN RAPE-
RELATED CASES.”
Although the overall legal environment for sex workers improved after 2010 and official
policy prohibits confiscation of condoms and police abuses that interfere with HIV
prevention, inappropriate police conduct is occasionally reported. Implementation of
laws and policies by local law enforcement agencies continue to elicit exceptional cases
where condoms are used as evidence of sex work in entertainment establishments and
where round-ups have occurred, especially of street-based sex workers. According to
press reports, 440 street-based sex workers were detained in Phnom Penh in preparation
for the 2012 ASEAN Summit. 389 APNSW reported that the Women’s Network for Unity and
the sex workers’ Community Legal Service continued to see sex workers in 2012 who had
been released from rehabilitation centres.
In 2011 the Ministry of Interior enacted the Sanghat Commune Safety Policy, which has
complicated the situation of the HIV response. The National AIDS Authority confirmed
that inconsistent implementation of the Commune Safety Policy interrupted access
and utilization of HIV services for entertainment workers who sell sex and their clients
in 2011. 390 NGOs have reported that sex workers, transgender people, men who have
sex with men and especially people who use drugs have been targeted as a result of
implementation of the Commune Safety Policy. Since a proportion of sex workers are also
387 National AIDS Authority (2011) National Strategic Plan for Comprehensive and Multisectoral response to
HIV/AIDS III (2011-2015), p.10.
388 HIV/AIDS Coordinating Committee (2011), National AIDS Authority continues to work to strengthen the
implementation of Prakas 66, available at: http://hacccambodia.org/view_news.php?id=151
389 Sen., D. Beggars, prostitutes rounded up ahead of ASEAN summit, 5 January 2012, www.phnompenhpost.
com.
390 National AIDS Authority (2012) Cambodia Country Progress Report, Phnom Penh: NAA, p.40
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