SEX WORK AND THE LAW - HIV/AIDS Data Hub

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such as streets and parks are a barrier to outreach and condom promotion. Outreach workers have reportedly been arrested for carrying condoms as suspected sex workers. Police raids of stalls used for sex work in Tabanan, Bali, in 2011 have been criticized by outreach workers from the Bali Health Foundation for driving sex workers away from health services. 400 An NGO in Jakarta describes how waria (transgender) sex workers are placed at risk by practices of police and health care workers: Police raiding sites where Waria engage in sex work remains a barrier to the distribution and use of condoms and lubricant in Waria sex work. Waria outreach workers can also be arrested for carrying condoms and may be confused by police as sex workers rather than HIV outreach workers. Discrimination in the health sector also remains a significant barrier for minimizing the impact of HIV on Waria living with HIV in Jakarta...A specific health sector policy on non-discrimination toward Waria is needed. 401 There are some reports of sex workers being subject to debt bondage. Sex workers may be bound by an instrument termed a ‘contract’ for four-month periods and, in addition, be required to repay all expenses involved in transporting them across Indonesia to sex work sites. 402 Some local laws that apply in conservative Islamic districts prohibit all forms of sex work, According to Ariane, these local laws are “used as legal justification by certain Islamic reactionary groups that frighten and abuse women – mostly prostitutes or women who have to work until late at night – on the street.” 403 In Aceh, a sharia unit, the Wilayatul Hibah, monitors non-Islamic conduct including sex work. Women who break sharia rules are reportedly stigmatized and harassed. 404 Regulation of brothels Many provincial, municipal and district governments have introduced regulations that enable the organized brothel-based sex industry to operate with the approval of officials in defined localities. Many sex workers work within the regulated brothel complexes (lokalisasi). Targeted health promotion activities occur at many lokalisasi and regular STI testing may be required by local regulations, municipal by-laws or rules of the lokalisasi. A needs analysis conducted in Jakarta in 2009 identified local regulations that force sex workers to test for HIV as an example of discrimination. 405 Surtees describes the history of sex work regulation in Indonesia: In the Dutch colonial period the sex industry both expanded and became more organised… [B]y 1852 the colonial government focused on regulation rather than abolition of the industry, with particular attention being paid to the sexual health 400 Suriyani L. (2011) Sex workers forced underground by raid, STDs increase, The Jakarta Post, 25 June 2011. 401 UNDP (2010) MSM TG Multi City Scan Reference Guide, Bangkok: UNDP, p.148. 402 International Catholic Migration Commission Indonesia (2005) Behind Locked Gates: An Assessment Report on Trafficking of Women and Girls in Papua; and see: Mahy P., (2009) A Report on Sex Workers and HIV/AIDS Prevention for PT Kaltim Prima Coal, East Kalimantan, Indonesia. ANU. 403 Ariane Z. (2011) Indonesia Women struggle against poverty, discrimination and exploitation, http://www. asia-pacific-solidarity.net/news/zelyariane_indonesiawomenstruggleaga_080311.htm 404 http://turnstylenews.com/2011/05/06/who-are-you-the-morality-police/ 405 IDLO (2010) Rapid Needs Assessment of the Legal Needs of People Living with HIV and Key Populations in Jakarta, Rome: International Development Law Organization, p.4. 128
of sex workers. For example, the 1852 Act encouraged sex workers to be based in brothels and undergo weekly medical examinations for syphilis and other contagious diseases. As well, the 1852 Act devolved authority over brothels from the central to regional governments. This regulated, but somewhat ambiguous, framework endures in the present. 406 Indonesia Ford and Lyons describe lokalisasi in Riau as follows: 407 Lokalisasi are usually established as gated or closed communities consisting of multiple brothels each run by a different pimp (germo) or madam (mamasan or mami). Each brothel houses a number of women, who live full time on the premises...Lokalisasi are often regulated by local police and/or army officials, and the industry is managed by financial interests that involve members of the Indonesian military, local government, and local and foreign businesses. In contrast, unofficial brothels are often subject to police harassment and official clampdowns. In the (Riau) islands, the local authorities and the military have been active players in all parts of the industry. “SEX WORKERS ARE ONE OF THE SOCIAL GROUPS LEAST PROTECTED BY LAW, MOST VIOLATED BY LAW ENFORCEMENT AGENCIES AND MOST SERIOUSLY DISCRIMINATED BY THE GREATER SOCIETY.” Mahy describes a lokalisasi in Kalimantan where a mining company collaborates with the local government to provide STI clinics in two lokalisasi. These clinics are not available to sex workers operating at bars outside the lokalisasi. The lokalisasi structure is described as follows: 408 Each time a sex worker receives a client, she must pay a fee to her brothel owner… In the lokalisasi, the sex workers must pay weekly and monthly fees to the complex coordinators to fund the security officers. There are also periodic payments made to the Village (Desa) and Sub-District (Kecamatan) administrations. Local police also receive periodic payments from the complexes to ensure that they are willing to provide security if lokalisasi staff cannot handle a situation... On arrival…[the] new sex worker must register with the complex coordinator. She is made to sign a declaration stating that she has entered into the complex of her own free will and is not being forced by anyone. The registration is then passed onto the village office where a register of current sex workers is kept...The security system in the complex is managed by the coordinator (the Ketua RT in Kampung Kajang). He organises the rosters for the security staff, rubbish management in the complex and the registration of new sex workers. He is also the one who mostly liaises with [the mining company] and Puskesmas [community health clinic] staff. It is clear that the lokalisasi systems provide a reliable security system for the sex workers…The security system does, however, represent a check on the sex workers’ freedom of movement. In order to leave during the day…they must first ask permission from their Wisma (brothel) owner, and then report to the security post and pay a fee 406 Surtees R., (2004) Traditional and Emergent Sex Work in Urban Indonesia, Intersections: Gender, History and Culture in the Asian context, Issue 10. 407 Ford M., Lyons L., (2007) Making the most of what you’ve got: Sex Work and Class Mobility in the Riau Islands, Wollongong: University of Wollongong, pp.4-5. 408 Mahy P., (2009) A Report on Sex Workers and HIV/AIDS Prevention for PT Kaltim Prima Coal, East Kalimantan, Indonesia. Canberra: ANU, pp.17-19. 129
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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
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4.4.2 Law enforcement practices Pol
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A study of 673 female sex workers i
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Kotiswaran has conducted a detailed
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involving power analysis, implement
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HIV/AIDS coordination committees we
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…The community mobilization effor
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The DMSC approach has reduced the n
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4.5 Maldives Illegal SEX WORK IN PR
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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 124 and 125: others, inducing a person to be a s
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 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
Page 174 and 175: According to the Empower Foundation
Page 176 and 177: and STD awareness, limited access t
Page 178 and 179: including sex workers, on a volunta
Page 180 and 181: 2010. 584 A raid in 2011 by police
Page 182 and 183: The National Programme aims to free
Page 184 and 185: 6.11.3 Efforts to improve the legal
Page 186 and 187: TRANSGENDER SEX WORKER, SHEENA, HAS
Page 188 and 189: antibodies. Certification may engen
Page 190 and 191: 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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