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SEX WORK AND THE LAW - HIV/AIDS Data Hub

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of <strong>HIV</strong> prevention efforts. In the absence of established brothels (which the team only<br />

identified in a few townships, and which are usually very transient), the only way to<br />

support direct sex workers to use condoms on all occasions may be through hotel<br />

and guest house owners/managers and their staff.<br />

The 2010 UNGASS Country Report of the Ministry of Health stated: 495<br />

The Ministry of Health is in full support of prevention programmes for groups with high<br />

risk of <strong>HIV</strong> transmission. However, the law enforcement agencies in the areas where<br />

the services are provided are not always fully aware of prevention programmes. The<br />

100% Targeted Condom Programme of the National <strong>AIDS</strong> Programme will continue<br />

to address this through advocacy with local authorities including law enforcement.<br />

6.6.3 Efforts to improve the legal environment<br />

The Myanmar National Strategic Plan on <strong>HIV</strong>/<strong>AIDS</strong> 2011-2015 496 includes a specific<br />

commitment to the “enforcement of policy in which condom possession is not used as<br />

liability of sex work”.<br />

The 100% TCP, UNFPA Myanmar and Myanmar Anti-Narcotics Association (MANA) have<br />

conducted police awareness training on <strong>HIV</strong> issues, including the right of sex workers to<br />

carry condoms.<br />

Population Services International Myanmar Targeted Outreach Program (PSI TOP)<br />

conducts <strong>HIV</strong> programmes with sex workers in 19 cities. TOP includes interventions led by<br />

sex workers to address stigma and discrimination, community mobilization and the legal<br />

environment e.g., by discouraging police harassment of people who carry condoms and<br />

participating in the 2011 mapping of the legal environment for sex workers in three cities.<br />

TOP also provides clinical services, peer outreach, community building, and peer support<br />

groups. 497<br />

In 2010 a national network of female sex workers called Sex Workers in Myanmar (SWiM)<br />

was established. Nyee Hmya Gyin is a project of SWiM, the Myanmar MSM Network and<br />

the Myanmar National Drug-users Network. The project commenced in 2012 and aims to<br />

facilitate access to justice for these communities by funding peer paralegals to provide<br />

legal advice and health information in Yangon. The project’s lawyer provides supervision<br />

to paralegals. The project also engages in advocacy on justice issues.<br />

495 National <strong>AIDS</strong> Programme (2010) UNGASS Country Progress Report 2010: Union of Myanmar, Ministry of<br />

Health, Myanmar, p.33.<br />

496 Myanmar National Strategic Plan & Operational Plan on <strong>HIV</strong> and <strong>AIDS</strong> 2011-2015, (Concise) p.35.<br />

497 Ditmore M. (2011) Spotlight on Prevention: A Holistic Approach to <strong>HIV</strong> Prevention Programming for Female<br />

Sex Workers. <strong>AIDS</strong>TAR-One.<br />

146

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