SEX WORK AND THE LAW - HIV/AIDS Data Hub

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TRANSGENDER SEX WORKER, SHEENA, HAS BEEN WORKING ON THE STREETS OF SUVA FOR THE PAST 12 YEARS AND HAS BEEN THE SUBJECT OF POLICE INTIMIDATION, FEBRUARY 16 2010. SOURCE: GETTY IMAGES/THE SYDNEY MORNING HERALD. 172
Pacific 7 PACIFIC 7.1 Overview The study reviewed the laws of the 22 Pacific island countries and territories, and also of Australia and New Zealand, which are members of the Pacific Community. Compared to Asia, relatively little research has been undertaken in relation to the legal environments of sex work and transactional sex in the Pacific island states. The nature and epidemiological role of sex work in the Pacific island countries are not well researched. Anecdotal evidence suggests that many women and some men exchange sex for money, goods or services in Pacific island countries. 608 Sex work and transactional sex are thought to play a major role in Papua New Guinea’s epidemic. 609 There is wide diversity in the legal environments for sex work across these countries. Countries influenced by laws of the USA criminalize sex work itself as well as activities associated with sex work (American Samoa, Marshall Islands, Palau, Northern Mariana Islands, Chuuk and Kosrae states of Federated States of Micronesia). By contrast, the former British colonies do not criminalize sex work in private, but offences exist for associated activities such as keeping a brothel, soliciting, or living on the earnings of sex work (e.g., Cook Islands, Kiribati, Nauru, Niue, Papua New Guinea, Samoa, Tonga, Tokelau, Tuvalu, Solomon Islands,). For countries that were British colonies, or were territories of Australia or New Zealand, Penal Codes were modelled on English, Australian or New Zealand precedents. As a result of this colonial legacy, many countries have laws that criminalize brothels, despite the fact that most Pacific island countries have little or no history of brothel-based sex work. Guam is the only Pacific island state that has introduced regulations to address sexual health in the sex industry by requiring regular HIV and STI testing and certification of massage parlour workers. Some states and territories in Australia also require sex workers to undergo compulsory HIV and STI tests. Compulsory testing approaches such as this are highly stigmatizing and are unlikely to be effective in HIV prevention. Testing diverts resources from more effective prevention approaches such as peer education. Test results are an unreliable guide to infectiousness, given that there is a window period during which a person who has been infected with HIV will nonetheless test negative to HIV 608 Commission on AIDS in the Pacific. (2009) Report of the Commission on AIDS in the Pacific-Turning the Tide: An OPEN strategy for a response to AIDS in the Pacific. UNAIDS Pacific Region, p.37. 609 Ibid; and see: Bruce E., Bauai L., Sapuri M., et al (2011) HIV knowledge, risk perception, and safer sex practices among female sex workers in Port Moresby, Papua New Guinea. Int J Womens Health.15(3), 53-61. 173
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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
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5.4.1 Laws Sex work in private is l
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In 2011, the Legislature amended th
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y a television crew, which then bro
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others, inducing a person to be a s
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STI examinations show a rapid decre
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A SEX WORKER STANDS IN A DOORWAY AT
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deportation, with limited access to
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6.2 Cambodia 371 Legal SEX WORK IN
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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 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 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
Page 218 and 219: National Network of Sex Workers and
Page 220 and 221: Violence from police (e.g., Republi
Page 222 and 223: Theme: Economic Rights/Right to Liv
Page 224: ANNEX III: LIST OF ORGANIZATIONS PA
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