SEX WORK AND THE LAW - HIV/AIDS Data Hub

6.4.3 Efforts to improve the legal environment
Civil society was involved in development of the HIV/AIDS Law. The government is working
to improve the process for registering non-government associations. The National HIV/
AIDS Strategic Plan 2011-2015 states a commitment to human rights: 441
The National AIDS Policy recognises the intimate link between HIV/AIDS and human
rights. People who are most at risk of HIV infection are often the most difficult to
reach because commercial sex work and drug use are illegal, homosexuality remains
a social taboo and drives men who have sex with men underground and trafficking
is problematic to track effectively. The NSP and the National AIDS Policy mirror the
constitution in taking universal human rights and the dignity of all Lao people,
including their sexual and reproductive rights, as guiding principles. There should be
no discrimination on the basis of gender, disease status, sexual behaviour or sexual
orientation. HIV testing without prior informed consent is never acceptable (unless
anonymously unlinked for screening purposes) and it is essential that every HIV test
result remains confidential.
6.5 Malaysia
Not Illegal
SEX WORK IN
PRIVATE
Illegal
SOLICITING
Illegal
BROTHELS
6.5.1 Laws
Although the Penal Code does not criminalize the act of sex work in private, state-level
sharia law operates to criminalize Muslim citizens who engage in sex work. There are two
types of sharia offences that can be applied against sex workers and their clients: zina,
which applies to sex between unmarried persons, and khalwat, which is a less serious
offence that prohibits Muslims from being alone with someone of the opposite sex other
than their spouse or relative. 442
The Minor Offences Act 1955 provides that every prostitute behaving in a disorderly or
indecent manner in or near any public road or in any place of public resort shall be deemed
to be an idle and disorderly person and shall be liable to a fine not exceeding one hundred
ringgit or to imprisonment for a term not exceeding one month or to both. 443
441 National Committee for the Control of AIDS, Lao PDR (2010), National Strategic and Action Plan on HIV/
AIDS/STI 2011-2015, p.19.
442 Lim L. (1998), The Sex Sector: The economic and social bases of prostitution in Southeast Asia, Geneva:
International Labour Office, p.92.
443 Section 27(a).
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