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antibodies. Certification may engender a false sense of security particularly in the clients of sex workers, who may as a result increase their resistance to condoms. Since 2010 Fiji has introduced heavier penalties for people associated with the sex industry. There is some evidence of the harm to HIV responses caused by the enforcement of these laws. There is an active debate about sex work law reform in Papua New Guinea (PNG), where sex work is currently criminalized. PNG has the highest prevalence of HIV in the Pacific, with some provinces experiencing a generalized epidemic, and concentrated epidemics among sex workers. For example, a study conducted in 2010 found HIV prevalence of 17.6 percent among a sample of people who sell sex in Port Moresby. 610 New Zealand and the states and territories of Australia have introduced a range of different legislative models for regulating the sex industry. New Zealand and the state of New South Wales have models that come closest to full decriminalization. This has been highly beneficial to both public health outcomes and the human rights of sex workers. Condom use is high and the prevalence of STIs among sex workers has been kept at low levels in these jurisdictions. Australia has no documented case of HIV transmission from a sex worker to a client. The report of the Independent Commission on AIDS in the Pacific observed: 611 Commercial sex…is most visible and organized in the largest towns and cities (including at sporting and cultural events) and around rural industries with mobile male populations (such as mines and logging camps in Papua New Guinea and Solomon Islands). Foreign sex workers are becoming more numerous in Fiji, where they also often work in local factories, and in the Marshall Islands. …Much less visible, but more widespread, is unorganized, transactional sex— namely sex exchanged for food, clothing or other resources, or for a ‘good time’ or the attentions of a ‘boyfriend’. Anecdotal evidence suggests that many women and some men exchange sex for money or gifts in all Pacific countries. Studies in PNG, particularly, have found some women partly or fully support themselves and their families by selling sex but do not identify themselves as sex workers. 610 Kelly A., Kupul M., Man W., Nosi S., et al. (2011) 'Askim na save (ask and understand): People who sell and exchange sex in Port Moresby'. Sydney: University of New South Wales & PNG Institute of Medical Research, p.29. 611 Commission on AIDS in the Pacific (2009) op cit. fn.6., p.39. 174
TABLE 4: LEGALITY OF ADULT SEX WORK IN THE PACIFIC Legal Illegal Not Illegal* Information Unavailable Pacific Sub-region / country / territory Polynesia American Samoa Cook Islands French Polynesia Niue Pitcairn Islands (territory of the United Kingdom) Samoa Tokelau (part of New Zealand) Sex work in private Soliciting Brothels Laws American Samoa Code, Title 46 Chapter 37 provides offences for prostitution (46.3702), patronizing prostitution (46.3703), promoting prostitution (46.3705). Brothels are illegal and considered ‘public nuisances’. (46.3703) Crimes Act 1969 provides offences for: brothel keeping (defined to include any place used for the purposes of prostitution, whether by one woman or more) (Section 160); living on earnings of prostitution (Section 161); procuring (Section 162); and soliciting (i.e. being a common prostitute who loiters and importunes persons in any public place for the purpose of prostitution (Section 163). Assumed to apply laws based on those of the French Republic, under which sex work is legal. Soliciting, owning or operating a brothel and procuring are illegal. Niue Act 1966 provides that it is an offence to ‘loiter and importune’ any person in any public place for the purpose of prostitution (s.220) and to keep a brothel (s.175). The Sexual Offences Act (UK) provides offences for soliciting (Section 51A); causing or inciting prostitution for gain (Section 52); Controlling prostitution for gain (Section 53); and keeping a brothel used for prostitution (section 33A). Crimes Ordinance 1961 provides offences for brothel keeping, (brothel defined as any place used for the purposes of prostitution, whether by one woman or more) (Section 58K); living on earnings of prostitution (Section 58L); and procuring (Section 58M). Rule 25 of the Crimes, Procedure and Evidence Rules 2003 provide that any person who loiters and importunes any person in any public place for the purpose of prostitution commits an offence. * Generally not prohibited but exceptions apply. 175
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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
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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 186 and 187: TRANSGENDER SEX WORKER, SHEENA, HAS
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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