SEX WORK AND THE LAW - HIV/AIDS Data Hub

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.
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