SEX WORK AND THE LAW - HIV/AIDS Data Hub

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Violence from police (e.g., Republic of Korea: given sex work is illegal, police will physically/verbally abuse sex workers, even take pictures of their naked bodies, all in the name of collecting evidence of their ‘crime’). Violence from customers. In Republic of Korea, cases of customers blackmailing sex workers, threatening to report them to police, as customers now know that sex workers cannot report violence as this identifies them as sex workers. This paradox allows the law to undermine justice by allowing an increase in violence against sex workers). (Nepal) Lack of safe venues for transgender sex workers to work. Arrests/harassment of all transgender persons because it is assumed that they are sex workers. (Indonesia) Stigma and discrimination leads to a permissiveness among sex workers of the violence they experience, because of a feeling that they deserve it. Theme: Access to Means of Protection (e.g., condoms, information) Helpful (Fiji) On paper it is now unlawful to deny any person, without reasonable excuse, access to means of protection from HIV (e.g., condoms) ...BUT there are questions on how this law is being transitioned into practice. (Fiji) Police cannot use condoms as evidence to charge sex workers. (Fiji) It is an offence to inflict violence ...BUT sex workers need to be empowered to exercise their right to protection by reporting violence. Harmful The use of condoms to threaten or arrest. (Republic of Korea) comparatively low percentage of condom use in sex work, so greater risk of HIV and STI transmission however there are no helpful regulations or policies in Korea to promote increased condom usage. Possession of condoms is used by police as evidence of soliciting/illegal practice. (Malaysia) 100% CUP style of programming is undermining effective access to protection. (Myanmar) Carriage of ARVs used by police as evidence that they are committing an offence by transmitting HIV. Theme: Community Mobilization and Participation Helpful There are some examples of meaningful participation, e.g., the role of OPSI (Indonesian national sex workers organization) as member of National AIDS Commission’s Implementing Unit alongside government ministries/departments. 206
(Malaysia) Awareness of details in National Strategic Plan helps community groups to hold government accountable. (Indonesia) There are 200 local ‘red light areas’ where police ‘tolerate’ sex work (approx. 300 female sex workers in each local area). There is a hope that there could be local crisis centres in each of these areas. Programmes need to be designed from sex workers perspective, projects need to be ‘humanized’. Harmful (South Korea) Demolition (for redevelopment) of traditional sex work venues means that sex workers have been forced to move out with any rights for compensation. Theme: Labour Rights Helpful Annex II: Summary of Regional Consultation group work ILO’s Recommendation 200 is an important advocacy tool for recognition of sex workers’ rights. Migrant sex workers in theory now have some access to workers’ permits (Thailand). (Philippines) Work with the League of Bar Owners and Managers has lead to some venues providing insurance benefits/health and social security. These establishments could be used as good practice examples. Education/awareness-raising initiatives should be encouraged. Education on existing labour and criminal laws is required. In Indonesia, the community should be more aware that under the penal code, pimping is a crime, not selling sex. If it can be established that ‘sex work is work’, sex workers will pay tax to government, so both sex workers and the government will win. Harmful Anti-trafficking law used as an excuse to raid and ‘rescue’ sex workers. (Thailand) Requirements to have a ‘health card’ infringes privacy regarding sexual health history. (Thailand) While the government has separate laws regarding sex work in Entertainment Places (Entertainment Places Act 1966), workers allowed to work in these venues have no labour rights. Issues with work permits, e.g., only non-Singaporeans can get a permit to work in Singaporean brothels. No access to social services for sex workers who want to get out of the industry. (Bangladesh) As solicitation is illegal, sex workers can only work passively, waiting for clients to come rather than actively selling sex. 207
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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
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of Rp 5000 before leaving.…Securi
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100% CUP 100% CUP approaches have b
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young, poorly educated Khmou women
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6.4.3 Efforts to improve the legal
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There are periodic police crackdown
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Several workers in all groups raise
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The government issued an Administra
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Sex workers in many countries have
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of HIV prevention efforts. In the a
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There are also protective laws such
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Other examples of local ordinances
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Sex workers working independently a
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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 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 222 and 223: Theme: Economic Rights/Right to Liv
Page 224: ANNEX III: LIST OF ORGANIZATIONS PA
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