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standard operating procedures of law enforcement agencies that provide for the closure of entertainment establishments found with condoms, which were considered evidence of unlawful sex work. ASEP worked with local government units and NGOs to advocate for ordinances mandating the implementation of HIV prevention programmes with sex workers. 535 A controversial action research project funded by the Canadian International Development Agency in Angeles City involved Canadian academics working with police and the courts to address the legal environment for bar-based sex workers. Educational interventions involved sensitizing police and judges to the needs of sex workers. 536 The project was designed with the Philippine National Police and Supreme Court, the Angeles University Foundation, and two women’s organizations. The project has been criticized for failing to engage sex workers in the design and implementation of the research, or in the reporting of the outcomes of the interventions. 537 6.8 Singapore Legal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS 6.8.1 Laws Sex work is legal but the Women’s Charter criminalizes procuring (Section 140), living on the earnings of sex work (Section 146) and managing a brothel (Section 148). Soliciting in public for the purpose of sex work is an offence under the Miscellaneous Offences (Public Order and Nuisance) Act (Section 19). 6.8.2 Law enforcement practices In practice, police allow a limited number of brothels to operate in well-defined redlight districts (Designated Red-light Areas, or ‘DRAs’). 538 There are no officially ‘licensed’ brothels; however police have an approval process for brothels in the six Designated Redlight Areas. Sex workers in these premises are issued a yellow health card for recording regular medical examinations. All clients are required to use condoms. 539 535 Linsangan R, Garcia D, Gallo E, Aquino C, D'Agnes L. (2002) Two models of advocacy to legislate HIV prevention policies, Int Conf AIDS. 2002: abstract no. G12495. 536 Ralston M., Keeble E. (2009) Reluctant Bedfellows: Feminism, Activism, and Prostitution in the Philippines. Washington: Kumarian Press. 537 See e.g., Delfeld H., (2010) Review of Ralston M, Keeble E, Reluctant Bedfellows: Feminism, Activism and Prostitution in the Philippines. H-Human-Rights, H-Net Reviews. February 2010. 538 See e.g.,: http://geylangredlightdistrict.com/. 539 Sex business is booming in Singapore, Taipei Times, 5 March 2011; Singapore Clients Will Face Charges if Prostitutes the Under Age of 18, Jakarta Globe, 13 February 2012. 154
Outside of the red-light districts, immigration laws are heavily enforced against sex workers. In 2007, police conducted more than 900 vice-related raids. Licensing checks are conducted on entertainment outlets and massage establishments. In 2007 alone, 5,400 foreign sex workers were arrested. Police take biometric data of sex workers, deport them to their country of origin and blacklist them from entering Singapore. Police also prosecuted 15 pimps in 2007. Investigations were conducted to establish if any of the sex workers involved with these pimps were coerced or deceived into sex work. The government reported that none had been coerced or deceived. 540 Singapore / Thailand ‘Forest brothels’ located on public lands near migrant worker dormitories employ female sex workers from other Asian countries. Policing of forest brothels is reportedly rare because they are hidden operations that do not interfere with other communities. 541 However a raid on a forest brothel in 2010 resulted in arrest of a pimp and seven Thai female sex workers. 542 6.9 Thailand 543 Illegal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS 6.9.1 Laws Prevention and Suppression of Prostitution Act BE 2539 (1996) Sex work has been regulated by the State in Thailand since 1908 and illegal since 1960. Under the Prostitution Prevention and Suppression Act of 1996, prostitution is defined as: …sexual intercourse, or any other act, or the commission of any other act in order to gratify the sexual desire of another person in a promiscuous manner in return for money or any other benefit, irrespective of whether the person who accepts the act and the person who commits the act are of the same sex or not. 544 Section 5 of the Act prohibits sex work in public places and brothels. Section 5 sets the penalty for ‘openly and shamelessly’ offering or soliciting sexual services as a fine of 1,000 baht. 545 Sex workers are fined under this section if sex work is conducted openly or occurs in the street or another public place. 540 Extract of official report on Parliament sitting on 15 Sept 2008, Vice-related activities, available at: http:// www.pap.org.sg/articleview.php?id=3750&cid=23. 541 Fry E. (2008), Singapore's Forest Brothels. Bangkok Post 21 October 2008. 542 Thai pimp in forest brothel gets fined, jail, Asiaone, 27 May 2010. 543 The Empower Foundation, Dr. Taweesap Siraprapasiri (HIV/AIDS Programme Officer, UNFPA), and Nuttawut Teachatanawat (RTI International) provided data to supplement the literature review for this chapter. 544 Section 4. 545 Section 5. 155
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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
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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
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there are many illegal practices pe
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of police misconduct reported by se
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All pilot projects recognized that
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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 160 and 161: of HIV prevention efforts. In the a
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 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
Page 210 and 211: Laws State / Territory Legislation
Page 212 and 213: programmes. 696 New South Wales dec
Page 214 and 215: testing increased, with the regular
Page 216 and 217: 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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