SEX WORK AND THE LAW - HIV/AIDS Data Hub

India, Nepal and the Philippines). Violence against sex workers perpetrated by police or
military personnel contributes to HIV vulnerability and is reported in numerous countries.
Incidents involving sexual assaults by police or military have been reported from
Bangladesh, Cambodia, China, Fiji, India, Kiribati, Myanmar, Nepal, Papua New Guinea and
Sri Lanka. Sex workers are often targeted for harassment and violence because they are
considered immoral and deserving of punishment. Criminalization legitimizes violence
and discrimination against sex workers (particularly from law enforcement authorities
and health care providers). Criminalization makes sex workers reluctant to report abuses
and makes authorities reluctant to offer protection or support to sex workers.
(iii) Confiscation of condoms
Confiscation of condoms by police as evidence of illegal conduct or to justify harassment
and extortion is a widespread problem. Countries where sex workers report condom
confiscation or police harassment for possessing condoms include China, Fiji, India,
Indonesia, Malaysia, Myanmar, Nepal, Papua New Guinea, the Philippines, Sri Lanka and
Viet Nam.
(iv) Criminalization of clients
Some countries have opted to criminalize clients of sex workers, rather than or in addition
to sex workers. For example, Nepal criminalizes clients but not sex workers. A similar
approach has been proposed in India. Laws have been enacted that criminalize clients
in American Samoa, Bhutan, Cambodia, China, Fiji, Guam, Republic of Korea, Palau, and
Taiwan. The UNAIDS Advisory Group on Sex Work has noted that there is no evidence that
‘end demand’ initiatives reduce sex work or HIV transmission, or improve the quality of life
of sex workers. Efforts targeting clients sometimes encourage law enforcement officials to
use condoms as evidence of involvement in sex work.
(v) Licensing or registration
Some countries have put in place systems to regulate certain segments of the sex industry,
which are allowed to operate in specific areas subject to monitoring or compliance with
official requirements e.g., the licensing system in Taiwan, the affidavit system in Bangladesh,
the lokalisasi 1 system in Indonesia, registration with police in Singapore, and licensing or
registration systems in states and territories of Australia. In jurisdictions such as Guam,
the Philippines and Thailand, sex work is criminalized but the government recognizes the
reality that sex is sold in certain premises in particular areas. In these countries, the law
requires businesses such as entertainment venues or massage parlours to be registered
or licensed and to comply with conditions such as the requirement that employees test
regularly for STIs. The major flaw of all of these approaches is that the majority of sex
workers operate outside of the licensing or registration system. For this reason, these
approaches have not proven effective in preventing HIV epidemics among sex workers.
(vi) Mandatory, compulsory or coerced testing
Mandatory, compulsory or coerced HIV or STI testing of sex workers is a widespread
problem throughout the region. Laws in several countries require regular testing of sex
workers as a condition of on-going employment (e.g., Guam, Indonesia, Philippines,
Singapore, Taiwan, Thailand, and several states of Australia). Compulsory or coerced
testing practices are also reported in China, India, and Viet Nam. Such practices violate
1 Lokalisasi is a term used in Indonesia to describe a government registered brothel complex.
2