SEX WORK AND THE LAW - HIV/AIDS Data Hub

in building community and liaise with the police to improve understanding about HIV
prevention. 634
…Reports of police corruption and harassment, along with violence and brutality
from clients, were greater in Nadi than in the other centres. Unlike the other study
sites, sex workers in Nadi were reluctant to carry more than one condom with them
at any time. This was because carrying condoms would give police reason to harass
them. Consequently, sex workers were unlikely to be able to provide condoms to
others. 635
…In recent years advances have been made with respect to the attitude and behaviour
of police as well as some health service providers. This has facilitated condom use and
service access. 636
Overs and colleagues conducted research to map the impact of law, policy and
enforcement practices in 2011. 637 Findings included:
In all sites sex workers said that law enforcement has increased dramatically since
2009. The majority of [small group interview] participants thought that this is a
result of both the 2009 Decree and the publicity about child prostitution and human
trafficking. Sex workers in Suva who work in the street are harassed or arrested often
enough for street work have become largely unviable.
There was strong agreement in all groups that enforcement periodically becomes
stricter and more active. Some suggested that crackdowns happen in response to
pressure by religious groups, civil society organisations and diplomatic missions.
Most participants expressed concern about the criminalisation of clients. There was
strong agreement that clients are scared by the 2009 Decree. Although they do not
know how many arrests or successful convictions of clients there have been, they think
there have been some. Some had seen or been with clients when they were arrested.
In Suva participants described an important effect of the criminalisation of clients.
They said that clients have begun passing phone numbers of sex workers to each
other. The client calls the sex worker and makes an arrangement to meet in a motel
or house. The advantages and disadvantages of this were experienced differently by
different sex workers. Some felt that they were more vulnerable to violence because
there is no opportunity to see the client and discuss the services and price with him
before they are alone with him. For others there were concerns about being tricked
or having their time and money wasted if they book a motel room (‘time wasters’ are
a universal scourge of sex workers). If the client books the motel room the sex worker
is at a disadvantage if any violence occurs. In such a situation motels cannot side with
the sex worker because any association between the motel and the sex worker could
be constructed as illegal under the very broad anti pimping and anti trafficking laws.
When asked who has power over sex workers [small group interview] participants
unanimously answered that police are the main source of power over sex workers…
anecdotes were told about enforcement. They include the use of pepper spray
against a sex worker when walking on the street who refused to get into police
634 Ibid., p.15.
635 Ibid., p.16.
636 Ibid., p.20.
637 Overs C., Gavidi J., Manikiwai S., Hunter A., Hawkins K,. and Williams M. (2011) Sex work in Fiji: Mapping
the impact of law, policy and enforcement practices. Melbourne: Paulo Longo Research Initiative, Michael Kirby
Centre for Public Health and Human Rights, Monash University (unpublished draft).
184