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7.3 Kiribati Legal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS Sex work is not illegal; however, police may detain sex workers on public order offences. The term ainen matawa refers to women and girls who board foreign fishing vessels and engage in sex for money and goods with seafarers. When women and girls board private fishing vessels, police are unable to arrest or detain them for offences such as public disorder, loitering or drunkenness, as they are not in a public place. In 2003, the Government of Kiribati banned Korean fishing boats from coming into the Betio harbour after a Korean newspaper reported girls having sex with Korean fishermen. In 2005, a South Korean government team visited Kiribati and concluded that parents encouraged their daughters because they received US dollars, fish, and expensive items. Once the ban was lifted in 2006, the practice of Kiribati women and girls selling sex to seafarers continued. 621 UNICEF report evidence that the ainen matawa are becoming more organized as a community. UNICEF researchers found that the ainen matawa had several organizations, that their movements were guided by information on ship schedules and that they were in communication with police. 622 In 2010, McMillan and Worth 623 conducted qualitative research into the context of HIV vulnerability and risk for i-Kiribati women who engage in sex work on board foreign boats. Interview data were gathered from 25 women. McMillan and Worth estimated there to be approximately 130 ainen matawa in 2010. They also found that there is an additional, separate population of sex workers who do not board fishing vessels. 624 The study highlighted the need for protections from violence perpetrated by police and others to reduce women’s vulnerability to HIV: The participants’ narratives indicate that identification as an ainen matawa renders the women vulnerable to violence from family, sexual abuse from local men and local boatmen, and sometimes deters them from laying complaints with the police when these assaults occur…Women who are identified as ainen matawa suffer from marginalisation and discrimination. 625 621 UNICEF (2010) I feel I can never get infected, Understanding HIV and AIDS risk and vulnerability among Kiribati islands youth. UNICEF EAPRO, p.95. 622 UNICEF (2010) ibid., p.58. 623 McMillan K., Worth H. (2010) Risky Business Kiribati: HIV prevention amongst women who board foreign fishing vessels to sell sex. International HIV Research Group, UNSW, Sydney. 624 Ibid., and see: Tabureka I. (2008) Sex trade, well organized illegal activity on Tarawa. Available at: http:// www.kango.org.ki/Views%20Features%20Analysis.php 625 McMillan K., Worth H. (2010) op cit. p.7. 180
Ainen matawa are at risk from non-consensual sex, especially gang-rape and other violence…The interviewees told of situations where local boatmen demanded sex from ainen matawa and abandoned them on small islets if they refused. Others also told of policemen requesting sex in return for ignoring their presence on the boats or releasing them from custody. 626 Kiribati / Fiji …[T]heir very identity as ainen matawa renders them vulnerable to rape and sexual abuse from certain other seafarers, and from local men, including the police. In addition, experiences of marginalisation and fear of discrimination and stigmatisation often deter ainen matawa from using HIV and STI testing and treatment services. 627 Issues of sexual violence render ainen matawa even more vulnerable than other groups of women because of marginalisation. A police liaison program would both encourage the report and prosecution of gang-rapes on land or on boats and further the integration and acceptance of these young women as valued members of local society. It is necessary to ensure that the police themselves do not engage in any abuses, sexual coercion or exploitation of ainen matawa. 628 Prosecutions for rape are reportedly infrequent in Kiribati, due to cultural taboos on reporting sexual crimes and police attitudes encouraging reconciliation over prosecution. 629 7.4 Fiji Legal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS 7.4.1 Laws The Crimes Decree 2009 provides offences for procuring any person to become a common prostitute (Section 217); knowingly living on the earnings of prostitution (Section 230); loitering in a public place for the purpose of offering himself or herself for sex in return for a payment of any nature, or soliciting for immoral purposes (Section 231); seeking or using the services of a prostitute in a public place (Section 231); and brothel keeping (Section 233). The Crimes Decree 2009 criminalized clients who seek the services of a sex worker in public as well as sex workers who solicit for clients in public. The Crimes Decree 2009 also introduces comprehensive anti-trafficking provisions. 626 Ibid. p.8. 627 Ibid. p.11. 628 Ibid. p.14. 629 US Government State Department (2010) Country Reports on Human Rights Practices: Kiribati. 181
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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
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involved in drug use, special inter
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educate about the situation of sex
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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 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 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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