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of HIV prevention efforts. In the absence of established brothels (which the team only identified in a few townships, and which are usually very transient), the only way to support direct sex workers to use condoms on all occasions may be through hotel and guest house owners/managers and their staff. The 2010 UNGASS Country Report of the Ministry of Health stated: 495 The Ministry of Health is in full support of prevention programmes for groups with high risk of HIV transmission. However, the law enforcement agencies in the areas where the services are provided are not always fully aware of prevention programmes. The 100% Targeted Condom Programme of the National AIDS Programme will continue to address this through advocacy with local authorities including law enforcement. 6.6.3 Efforts to improve the legal environment The Myanmar National Strategic Plan on HIV/AIDS 2011-2015 496 includes a specific commitment to the “enforcement of policy in which condom possession is not used as liability of sex work”. The 100% TCP, UNFPA Myanmar and Myanmar Anti-Narcotics Association (MANA) have conducted police awareness training on HIV issues, including the right of sex workers to carry condoms. Population Services International Myanmar Targeted Outreach Program (PSI TOP) conducts HIV programmes with sex workers in 19 cities. TOP includes interventions led by sex workers to address stigma and discrimination, community mobilization and the legal environment e.g., by discouraging police harassment of people who carry condoms and participating in the 2011 mapping of the legal environment for sex workers in three cities. TOP also provides clinical services, peer outreach, community building, and peer support groups. 497 In 2010 a national network of female sex workers called Sex Workers in Myanmar (SWiM) was established. Nyee Hmya Gyin is a project of SWiM, the Myanmar MSM Network and the Myanmar National Drug-users Network. The project commenced in 2012 and aims to facilitate access to justice for these communities by funding peer paralegals to provide legal advice and health information in Yangon. The project’s lawyer provides supervision to paralegals. The project also engages in advocacy on justice issues. 495 National AIDS Programme (2010) UNGASS Country Progress Report 2010: Union of Myanmar, Ministry of Health, Myanmar, p.33. 496 Myanmar National Strategic Plan & Operational Plan on HIV and AIDS 2011-2015, (Concise) p.35. 497 Ditmore M. (2011) Spotlight on Prevention: A Holistic Approach to HIV Prevention Programming for Female Sex Workers. AIDSTAR-One. 146
6.7 The Philippines 498 Illegal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS The Philippines 6.7.1 Laws Sex work and profiting from sex work are illegal under the Revised Penal Code. Vagrancy is an offence and Article 202(5) defines prostitutes to be vagrants. Soliciting for sex is also illegal as a form of vagrancy, which is defined to include pimping and loitering without lawful or justifiable purpose. 499 Penalties for sex work under the vagrancy provision are up to 30 days imprisonment or a fine for a first offence, and up to 6 months imprisonment for repeat offenders. Article 201 of the Revised Penal Code covers immoral doctrines, obscene publications and exhibitions and indecent shows. Article 201 may be used by police to lay charges as a result of raiding entertainment establishments. The Anti-Trafficking in Persons Act of 2003 provides very broad definitions of ‘trafficking’. It is an offence to recruit, transport, transfer, harbour, provide, or receive a person by any means for the purpose of prostitution, or to maintain or hire a person to engage in prostitution. 500 The Philippine Sanitation Code requires all massage parlour workers to have a health certificate issued by the local health authority. 501 Local municipal and city ordinances require HIV education, condom availability and STI testing and treatment of sex workers operating in licensed entertainment establishments (see examples in 4.7.2). The AIDS Prevention and Control Act 1998 502 provides that compulsory HIV testing is unlawful and it is unlawful to discriminate against people living with HIV. However, there are no specific provisions to protect sex workers from discrimination. 498 The draft Philippine chapter was discussed at a consultation workshop conducted among members of the sex work community on 6 October 2011 in Pasig City. Facilitated by UNFPA, UNAIDS and UNDP, the workshop was attended by 17 sex workers from cities of Quezon, Pasay and Manila in National Capital Region; Angeles and San Pablo in Luzon; Cebu and Iloilo in Visayas; and Davao in Mindanao. The participants were a mix of current and former freelance and establishment-based sex workers. A number have been involved in HIV or women’s groups as peer educators, outreach workers or community organizers. Of the 17, most were women, two were male and one was a transgender person. 499 Article 202. 500 Section 4. 501 Section 62. 502 Republic Act 8504 of 1998. 147
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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
Page 36 and 37:
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
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false arrest for carrying condoms,
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2. The government, donors and UN ag
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Section 371A and Section 371B of th
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Sex workers are routinely harassed
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fine. 261 An ‘incorrigible rogue
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The UN Committee on the Elimination
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90 Caption for photo here SEX WORKE
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TABLE 2: LEGALITY OF ADULT SEX WORK
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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 142 and 143: such as streets and parks are a bar
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 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
Page 192 and 193: continued Sub-region / country / te
Page 194 and 195: 7.3 Kiribati Legal SEX WORK IN PRIV
Page 196 and 197: The HIV/AIDS Decree 2011 provides t
Page 198 and 199: in building community and liaise wi
Page 200 and 201: provide a place to work or to prote
Page 202 and 203: of discrimination and police brutal
Page 204 and 205: Another man described a raid on the
Page 206 and 207: and key populations, including sex
Page 208 and 209: 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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