SEX WORK AND THE LAW - HIV/AIDS Data Hub

Suppression of Human Trafficking Act BE 2551 (2008 AD)
The Act criminalizes ‘seeking benefits from the prostitution of others’ in circumstances
involving force, deception, threats, etc., with or without consent. Various provisions for
welfare assistance of trafficked persons are stipulated under the Act. The Act provides
opportunities for migrants to work during any legal proceedings, prior to return to their
country of origin. 554 Officials have power to place the trafficked person in the care of a
shelter provided by the Law on Prevention and Suppression of Prostitution, or a shelter
provided by the Law on Child Protection, or other government or private welfare centres. 555
Immigration Act B.E.2522 (1979 AD)
The Act prohibits entry to Thailand of those engaging in prostitution, trading in women/
girls and other immoral activities. Anyone who ‘brings or takes an alien into the Kingdom’
is liable to imprisonment for up to 10 years or a fine up to 100,000 baht.
6.9.2 Law enforcement practices
Nature of sex work in Thailand
A UNFPA report describes the diverse forms of sex work in Thailand and the changing nature
of the sex industry, shaped by a combination of legal, economic and social factors. 556 Forms
of sex service establishments include tea-rooms, massage parlours, beer bars, restaurants,
hotels, nightclubs, go-go bars, brothels and spas. Independent workers include call girls,
and street workers. The UNFPA report argues that law enforcement has shaped the nature
of the industry because freelance sex workers emerged as a result of the suppression of
the brothel-based industry by police. The report describes the transformation of the sex
industry from a brothel-based industry to a highly diversified industry. The report argues
that the enactment of the Entertainment Places Act 1966 “provided greater opportunity for
entertaining places to be able to offer sex service without being punished (because of a
loose definition and the acceptance of status of these entertainment places to be legally
operated).” 557 Since the 1990s, enforcement of laws against brothels has led to brothel
closures and the industry has become focused instead in entertainment venues.
The turning point of direct to indirect sex establishment was brought about by many
factors such as a more strict law enforcement during 1992…In addition, the HIV/AIDS
prevention and control campaign…influenced the traditional brothels, tea room to
transform themselves into a more indirect type such as restaurant, dancing bar, a Go-
Go bar, call-girl, karaoke room. 558
The transformation of the sex industry has given rise to new challenges in HIV prevention
and treatment, as it can be more difficult to reach non-brothel workers, particularly those
who work in streets and parks. A sex worker organization, the Empower Foundation,
observes that the current legal framework for sex work in Thailand is out-dated and fails
to recognize how the sex industry has evolved:
554 Section 37.
555 Section 33.
556 Bhassorn Limanonda, Pornpun Prajaknate (2007) Situation on STI/HIV Prevention in Sex Work Settings in
Thailand Bangkok: UNFPA Country Office.
557 Ibid., p.5.
558 Ibid., p.6.
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