SEX WORK AND THE LAW - HIV/AIDS Data Hub

and STD awareness, limited access to health care, very limited ability to negotiate
with clients, and a reluctance to seek services even when they are available because
of fear of arrest and deportation. Since these women are breaking two sets of laws
(prostitution laws and illegal entry and work in Thailand) they are highly vulnerable
to arrest and detention and to abuse from male guards. As a result, HIV rates and risks
are considerably higher among Burmese sex workers than among Thai women...The
number of undocumented sex workers is difficult to quantify because of the illicit
nature of the industry and their need to avoid detection. 568
Many migrant sex workers originate from Myanmar. For example, in 2009 it was reported
that 39 Burmese women were arrested in Ranong under suspicion of working as sex
workers and illegal entry into the country. 569 Similarly, there were reports in 2011 of the
arrest of 70 Burmese women in a massage parlour and the arrest of 21 Burmese women
after a raid on a karaoke bar. 570 As part of the repatriation process, Thai authorities may
disclose the identities of migrant sex workers to Myanmar authorities, who may then
inform local village officials and family members. As a result, sex workers risk arrest after
their return to Myanmar or sanctions from their village and family.
100% CUP
The 100% CUP was implemented in Thailand from the 1990s. Implementation and
monitoring of condom programming for sex workers is primarily the responsibility of local
health authorities rather than police. An evaluation of the 100% CUP noted that brothels
found to be the source of repeated STIs could be fined or closed by the police. 571 Some
sex workers have reported coercive approaches associated with the 100% CUP, such as
compulsory testing, enforced by local health authorities. 572
6.9.3 Efforts to improve the legal environment
The National AIDS Strategic Plan 2012-2016 aims to address laws and policies that are
barriers to access to prevention and care services among key populations living with
and affected by HIV, including sex workers. The National AIDS Strategic Plan 2007-2011
included a strategy of ‘AIDS rights protection: The rights of hard-to-reach groups such as...
sex workers, prisoners, etc., are protected and they have access to prevention services
with proper coverage and quality assurance.’ 573
The Empower Foundation is an organization of sex workers that promotes the rights
of sex workers, advocates for law reform and conducts HIV prevention activities. The
Foundation’s programmes are designed and implemented by sex workers. The Foundation
conducts public education to address stigma and advocates to extend labour protection
measures to sex workers and to decriminalize sex work. In 2006, the Foundation opened
568 Beyrer C., Stachowiak J. (2003) Health Consequences of Trafficking of Women and Girls in Southeast Asia,
The Brown Journal of World Affairs 10(1), quoting World Bank Thailand Office (2000) Thailand’s Response to AIDS:
Building on Success, Confronting the Future, Bangkok: The World Bank.
569 Burmese prostitutes arrested in Ranong, Andaman Times, 1 May 2009.
570 Police rescue 70 Burmese sex workers, Bangkok Post, 15 November 2011; Grassroots Human Rights
Education And Development (2011) Recent arrest of 21 Burmese Ladies who were involved in sex trafficking, see:
http://www.ghre.org/.
571 UNAIDS and Ministry of Health (2000) Evaluation of the 100% Condom Programme in Thailand, Bangkok:
UNAIDS, p.16.
572 Mgbako C., Gabriel M., Garr L. and Smith L. (2008) Sex Worker Empowerment Guidelines: An Alternative
HIV/AIDS Intervention Approach to the 100% Condom Use Programme. Sangram. p.11.
573 National Plan for Strategic and Integrated HIV and AIDS Prevention and Alleviation 2007-2011, p.43.
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