SEX WORK AND THE LAW - HIV/AIDS Data Hub
SEX WORK AND THE LAW - HIV/AIDS Data Hub
SEX WORK AND THE LAW - HIV/AIDS Data Hub
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In the last fifteen to twenty years Thailand has seen wide reaching social changes<br />
such as higher levels of education, greater wealth distribution, and more access to<br />
knowledge and communication technology. In addition there has been a stronger<br />
focus on human rights and gender rights. However the legal system that attempts to<br />
control prostitution was set up decades before this when abuses such as trafficking,<br />
debt bondage, forced labour and locked brothels were common in the Thai sex<br />
industry. Current day sex workers in Thailand live and work in a totally different<br />
context. Nowadays sex work in Thailand closely resembles many other occupations,<br />
whether applying for a job, working conditions, work tools or earning power. Old<br />
style brothels have been replaced by modern entertainment venues and old style<br />
pimps replaced by managers. The laws are out-dated and irrelevant to the way sex<br />
workers work today. 559<br />
Thailand<br />
Access to ARVs is limited for sex workers because the Universal Health Coverage Scheme<br />
does not provide coverage for people living away from their province of origin.<br />
Labour laws<br />
Labour laws such as the Labour Protection Act 1998 in theory offer workplace protections<br />
to sex workers, but in reality are not enforced in the sex industry. According to Lowe:<br />
Thai labour laws, with some isolated exceptions, are ignored by employers in the<br />
sex industry. It is understood that this is not because of criminal laws which create<br />
offences in relation to some aspects of sex work, as these provisions do not override<br />
the obligations of employers, as set out in labour laws.<br />
The reasons for lack of compliance with labour laws<br />
relates to the weak regulatory environment in Thailand<br />
and the stigma faced by sex workers. This results in sex<br />
workers having no collective bargaining power or union<br />
protection in the workplace, leading to exploitation by<br />
employers.<br />
…Sex workers are treated as freelance workers and not<br />
employees. Entertainment establishments are not seen<br />
by owners as workplaces. As a result, issues such as<br />
working conditions, occupational health and safety and<br />
workers’ rights are ignored. 560<br />
Criminal laws and police practices<br />
“NOWADAYS <strong>SEX</strong> <strong>WORK</strong><br />
IN THAIL<strong>AND</strong> CLOSELY<br />
RESEMBLES MANY O<strong>THE</strong>R<br />
OCCUPATIONS, WHE<strong>THE</strong>R<br />
APPLYING FOR A JOB,<br />
<strong>WORK</strong>ING CONDITIONS,<br />
<strong>WORK</strong> TOOLS OR EARNING<br />
POWER.”<br />
Police abuses are reportedly widespread and police use fear of arrest to extort bribes or<br />
free sex. Sex workers who do not work in an entertainment place are more vulnerable to<br />
police harassment. 561 Research conducted in Chiang Mai and Bangkok in 2006 found that<br />
male and transgender sex workers face nightly police harassment, extortion or arrest on<br />
public nuisance charges. 562 Police use the presence of condoms as the basis for arrests,<br />
detention or extortion. Female, male and transgender sex workers report being targeted<br />
by police if they are found with condoms on their person. 563<br />
559 Submission to UNDP, December 2011.<br />
560 Lowe D. (2011) op cit., p.6.<br />
561 Cameron L. (2006), op cit., p.43.<br />
562 Cameron L. (2006), op cit., p.44.<br />
563 PACT (2007), Turning an enemy into an ally: SWING’s police cadet internships on <strong>HIV</strong> prevention among sex<br />
workers, available at: http://www.pactworld.org/cs/reach_news_and_media_swing_story<br />
159
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