SEX WORK AND THE LAW - HIV/AIDS Data Hub

Sex workers in many countries have talked about this reducing their opportunities to
negotiate and Myanmar is no exception. 481
In 2011, the government announced a ban on massage parlours and restrictions on
restaurants and karaoke lounges in the capital Naypyitaw. Restaurants and karaoke
lounges were ordered to install transparent glass in their rooms and beauty parlours were
required to install adequate lighting. 482
It has been reported that compliance with the Order prohibiting use of condoms as
evidence of sex work is inconsistent. 483 There continue to be reports of police arresting
sex workers who are found with condoms in their possession. A press report quoted a sex
worker as follows: 484
“We bribe local policemen so we can work. When other police come they call us and
warn us that there will be a raid and to hide. We pay them a monthly fee between 30
– 50 US dollars, sometimes it’s 150 [US] dollars. We have to give them whatever they
ask. I never carry condoms because if they see the condom they know that I am a sex
worker.”
Interviews conducted at three sites in 2011 found that the practice of condom confiscation
‘has declined to different extents in each site…(but) has not been entirely eliminated.’ 485
A small-scale study of female sex workers conducted in Yangon in 2003 reported that onethird
of the women in the study had previously been imprisoned for offences related to
sex work (for a duration of 15 days to three years). Most sex workers reported having to
pay money to police for protection. 486 None of the sex workers were aware of the police
order prohibiting use of condoms as evidence, and all were convinced that possession of
condoms would result in prosecution and imprisonment. 487
A behavioural surveillance survey conducted in 2008 found that 36 percent of female sex
workers in Yangon and 37 percent in Mandalay gave money earned from their last client
to a madam, pimp or police officer. 488
According to Talikowski and Gillieatt: 489
Most sex workers must pay protection money to some corrupted elements in the
police force. This widespread acceptance of bribes comes as no surprise given the
minimal wages of public servants. Bribes are paid in cash or goods, such as bags of
rice. Interviewed women stated that they live in fear of being arrested and experience
various forms of harassment from law enforcement officer. Sexual exploitation and
violence perpetrated by police, often off duty, was also described by several of the
women.
481 Ibid.,p.32.
482 Myanmar Cracks Down on Massage Parlors in Prostitution Curb Bid, Huffington Post, 21 March 2011.
483 Khin Ninn Lwin (2010), op cit.
484 Burmese Sex Workers Avoid Arrest with Bribes and not Carrying Condoms, Asia Calling, 29 August 2010
485 Overs C., Win K., Hawkins K., Mynt W., Shein W. (2011) op cit., p.31.
486 Talikowski L., Gillieatt S. (2005), Female sex work in Yangon, Myanmar. Sexual Health, 2005(2), p.195.
487 Ibid., p.198.
488 AIDS Data Hub (2010), Sex work and HIV: Myanmar, citing: Ministry of Health, Myanmar (2008)
Behavioural Surveillance Survey 2008, Injecting Drug Users and Female Sex Workers, National AIDS Programme,
July 2009.
489 Talikowski L., Gillieatt S (2005), p.196.
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