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SEX WORK AND THE LAW - HIV/AIDS Data Hub

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educate about the situation of sex workers and to promote the protection of their rights.<br />

WNU outreach programmes educate sex workers about <strong>HIV</strong>, legal issues, human rights<br />

and access to health services. The WNU has issued its members with cards to help them<br />

access health services. The card acts as a ‘welfare entitlement’ to accessing health services<br />

from the hospitals collaborating with WNU. 392<br />

Other community-based sex worker organizations are the Cambodian Prostitutes Union<br />

(CPU) and the Cambodian Men Women Development Agency (CNMWD), which focuses<br />

on transgender sex workers.<br />

The SMART Girl Program implemented by FHI adopts a rights-based approach to health<br />

promotion, using peer educators and outreach workers to promote sexual health among<br />

entertainment workers. Instead of exclusively focusing on condoms, SMART Girl links<br />

entertainment workers to family planning services, clinical care, savings schemes and legal<br />

services. 393 Training materials include participatory exercises to educate entertainment<br />

workers that police cannot confiscate condoms. 394<br />

With the aim to strengthen national representation of the various sex worker and<br />

entertainment worker formal, informal and service networks, an election process was<br />

organized in December 2011 resulting in the appointment of five national representatives<br />

to support enhanced coordination and organization around common issues of concern.<br />

This informal coordination and facilitation mechanism is recognized by all stakeholders<br />

and the government. A National Coordinator represents the sex worker networks on the<br />

Country Coordinating Mechanism of the Global Fund.<br />

6.3 Indonesia 395<br />

Not Illegal<br />

<strong>SEX</strong> <strong>WORK</strong> IN<br />

PRIVATE<br />

Not Illegal<br />

SOLICITING<br />

Not Illegal<br />

BRO<strong>THE</strong>LS<br />

6.3.1 Laws<br />

National laws do not specifically prohibit sex work. The Penal Code prohibits facilitation<br />

of acts of obscenity by others as a livelihood (Article 296), trading in women (Article 297),<br />

vagrancy (Article 505) and living on the earnings of a female sex worker (Article 506). 396<br />

392 KIT and Oxfam (2007) Sex workers self-organizing and empowerment: The experience of Women’s<br />

Network for Unity (WNU) in Cambodia, Exchange, Amsterdam: KIT, pp.8-10.<br />

393 FHI (2010), SMART girl Program Reduces Risk and Inspires Behaviour Change, see: http://www.fhi360.org/<br />

en/CountryProfiles/Cambodia/res_SMARTgirl.htm.<br />

394 FHI, Assessing your Risks: SMART girl Program Facilitator’s Guide, p.7.<br />

395 Input to this Chapter was provided by Ajeng Larasati (LBH Masyarakat) and Pardamean Napitu (Aldo)<br />

(Organisasi Pekerja Seks Indonesia).<br />

396 See Hamim A., Rosenberg R., Review of Indonesian Legislation in: Rosenberg R. (ed) Trafficking of<br />

Women and Children in Indonesia Jakarta: ICMC/ACILS, 2003, pp. 195-215, pp. 196-98 and Hull T., Jones G.,<br />

126

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