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order to ensure smooth operation of the sex trade. Hotel managers play a crucial role as they are responsible for arranging and maintaining the overall sex trade in hotels. In the absence of the hotel owner, they maintain liaison with members of law enforcement agencies, political leaders and local administration to run the sex trade without any ‘hazards’... Local leaders, members of law enforcement agencies, and local administration, because of their powerful status, are positioned in the highest level of hierarchy of the power structure across all settings. It was reported that local leaders benefited economically by the sex trade, as money was collected and sent to them directly or indirectly. They also deputed their mastans to control the sex trade. In some districts, their involvement was quite open as they themselves were owners of hotels where sex trade took place. Because of the illegal status of sex trade, law enforcement agencies can easily interfere and play a critical role in making sex trade smooth or difficult. They are direct beneficiaries as they receive money through the trade. 89 Tenancy laws are reportedly of little effect in protecting brothel-based sex workers from discrimination, arbitrary eviction or high rents. The room rent is extortionate and must be paid on daily bases. Otherwise the brothel dweller risks the threat of eviction and violence by agents, who come to collect the money on behalf of brothel landlords. 90 4.2.3 Efforts to improve the legal environment 91 Bangladesh’s 3rd National Strategic Plan for HIV and AIDS Response 2011-2015 includes a strategy to “Conduct advocacy to strengthen an enabling environment”. The Strategy states: Advocacy will be provided to key gatekeepers such as police and law enforcement agencies on effective HIV prevention, and on working with and protecting the rights of members of vulnerable groups, including PWID (people who inject drugs), sex workers, hijra 92 s and MSM. The Government of Bangladesh’s 2010 UNGASS Country Report states: The National Policy on HIV/AIDS and STD Related Issues was ratified in 1997 and provides the overarching policy framework for the programme in Bangladesh. The national policy has not been reviewed for more than a decade in the context of the changing situation in the country. As a result, the existing provisions of laws are used haphazardly, often to harass vulnerable populations leading to interference and weakening of the program...Some of the laws that hamper the program implementation are: the Code of Criminal Procedure (Section 54: provision of arrest without a warrant); b) Penal Code, (Section 377: prohibiting carnal knowledge against the order of nature); c) Dhaka Metropolitan Police Ordinance 1976 (Section 86: penalty for being found under suspicious circumstances between sunset and sunrise); d) 89 de Beyer J., (ed). (2009), 20 years of HIV in Bangladesh: Experiences and Way Forward, Dhaka: World Bank and UNAIDS, pp.106-107. 90 Terre des hommes (2005) op cit., p.6. 91 See: Karim R., Selim N., Rashid S (2008) op cit., p.4. 92 Hijra is a South Asian term for a man who has a feminine gender identity. 50
Bangladesh Penal Code 290: Public Nuisances. Suppression of Immoral Trafficking Act refers to any promiscuous sexual act that is bought, whether for money or for kind. There is a need to review these acts and laws to ensure better policy environment and programme performance. 93 Bangladesh The Sex Workers Network of Bangladesh, Durjoy Nari Shongho and Ulka are sex worker advocacy organizations. Durjoy Nari Shongho is a grass roots community-based organization mainly engaged in mobilizing sex workers to address community empowerment, social justice and human rights issues for sex workers in Dhaka. A National Sex Workers Conference on Rights of Sex Workers and Legal Assistance was jointly organized by Bangladesh Women’s Health Coalition (BWHC) and Durjoy Nari Shongho in 2011. Speakers called for formulation of a national policy for sex workers to ensure their social and constitutional rights and to recognize sex work as a profession. 94 A government-supported sex worker project has been implemented in collaboration with UNDP, with five partner NGOs: Nari Maitree in Mymensingh, PIACT Bangladesh in Daulatdia, Nari Unnayan Shakti (NUS) in Dhaka, ACLAB Bangladesh in Jessore, and the Development Organization of the Rural Poor (DORP) in Dhaka. Activities have included advocacy on human rights issues, as well as HIV prevention, education and livelihood interventions. 95 Other NGOs such as ActionAid, BRAC, CARE Bangladesh, Bangladesh Women’s Health Coalition and Oxfam have worked with sex workers on a range of health, rights and livelihoods issues. Legal NGOs such as Bangladesh National Lawyers Association and Ain O Salish Kendra provide sex workers with legal aid and create awareness about legal rights. Naripokkho, a women’s rights NGO, has assisted in resisting unlawful evictions of sex workers and supported sex worker organizations to become members of national networks of women’s organizations. 96 Human Rights Watch has conducted monitoring and published research on sex worker rights issues. Bandhu Social Welfare Society advocates for rights of sexual minorities, including hijra sex workers. 97 The Society has established a network of District Level Lawyers Groups. Each Lawyers’ Group is supported by a district advocacy officer, who liaises regularly with a coordinator. A Dhaka-based senior legal officer supports each Lawyers Group. The role of the Lawyers Groups includes sensitizing government officials and other stakeholders, providing legal support to hijras and advocacy for policy reform. 93 Government of Bangladesh (2010), UNGASS Country Progress Report, p.50. 94 Call to ensure sex workers’ rights, The Daily Star, 24 November 2011. 95 Capacity Building, Poverty alleviation, and sustainable livelihood of the socially disadvantaged women (SDW) and their Children. 96 Huq S., (2005) Sex Workers’ Struggles in Bangladesh: Learnings for the Women’s Movement, Brighton: Institute of Development Studies. 97 Ministry of Health and Family Welfare (2010) UNGASS Country Progress Report Bangladesh, Reporting period: January 2008–December 2009, p.45. 51
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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
Page 14 and 15: xii AN INDIAN HEALTH WORKER EXPLAIN
Page 16 and 17: India, Nepal and the Philippines).
Page 18 and 19: Laws, policies and practices that a
Page 20 and 21: opened a bar in Chiang Mai that pro
Page 22 and 23: 8 SUSPECTED SEX WORKERS HIDE THEIR
Page 24 and 25: ii. iii. consultations with sex wor
Page 26 and 27: 1.2 International legal and policy
Page 28 and 29: iii. the report of the Independent
Page 30 and 31: into commercial sex and by whom, an
Page 32 and 33: UN Trafficking Convention The UN Co
Page 34 and 35: 20 SEX WORKERS WAIT FOR CLIENTS ON
Page 36 and 37: to police for fear of further abuse
Page 38 and 39: social security laws that do not re
Page 40 and 41: example. However, as these programm
Page 42 and 43: Jagriti Mahila Maha Sangh (Federati
Page 44 and 45: organize within their communities a
Page 46 and 47: 32 KUAN HSIU-CHIN, ONE OF TAIWAN’
Page 48 and 49: Where governments have recognized t
Page 50 and 51: 1.2 Laws that criminalize sex work
Page 52 and 53: 4.2 Donors should support NGOs and
Page 54 and 55: 40 NEARLY 2,000 SEX WORKERS SHOUT S
Page 56 and 57: e.g., devadasis, jogins, bhavins. T
Page 58 and 59: TABLE 1: LEGALITY OF ADULT SEX WORK
Page 60 and 61: The Local Government (Zila Parishad
Page 62 and 63: Despite the Court’s ruling, a stu
Page 66 and 67: 4.3 Bhutan Illegal SEX WORK IN PRIV
Page 68 and 69: State laws relating to public order
Page 70 and 71: The Act provides institutional reha
Page 72 and 73: Convention for Suppression of Traff
Page 74 and 75: 4.4.2 Law enforcement practices Pol
Page 76 and 77: A study of 673 female sex workers i
Page 78 and 79: Kotiswaran has conducted a detailed
Page 80 and 81: involving power analysis, implement
Page 82 and 83: HIV/AIDS coordination committees we
Page 84 and 85: …The community mobilization effor
Page 86 and 87: The DMSC approach has reduced the n
Page 88 and 89: 4.5 Maldives Illegal SEX WORK IN PR
Page 90 and 91: 4.6.1 Laws The Trafficking and Tran
Page 92 and 93: false arrest for carrying condoms,
Page 94 and 95: 2. The government, donors and UN ag
Page 96 and 97: Section 371A and Section 371B of th
Page 98 and 99: Sex workers are routinely harassed
Page 100 and 101: fine. 261 An ‘incorrigible rogue
Page 102 and 103: The UN Committee on the Elimination
Page 104 and 105: 90 Caption for photo here SEX WORKE
Page 106 and 107: TABLE 2: LEGALITY OF ADULT SEX WORK
Page 108 and 109: or accommodates a woman for sex wor
Page 110 and 111: there are many illegal practices pe
Page 112 and 113: 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
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If sex work is conducted in a ‘pr
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Suppression of Human Trafficking Ac
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According to the Empower Foundation
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and STD awareness, limited access t
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including sex workers, on a volunta
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2010. 584 A raid in 2011 by police
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The National Programme aims to free
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6.11.3 Efforts to improve the legal
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TRANSGENDER SEX WORKER, SHEENA, HAS
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antibodies. Certification may engen
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continued Sub-region / country / te
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continued Sub-region / country / te
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7.3 Kiribati Legal SEX WORK IN PRIV
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The HIV/AIDS Decree 2011 provides t
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in building community and liaise wi
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provide a place to work or to prote
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of discrimination and police brutal
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Another man described a raid on the
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and key populations, including sex
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The purpose of this Act is to decri
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Laws State / Territory Legislation
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programmes. 696 New South Wales dec
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testing increased, with the regular
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ANNEX I: SELECT BIBLIOGRAPHY Abel G
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National Network of Sex Workers and
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Violence from police (e.g., Republi
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Theme: Economic Rights/Right to Liv
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ANNEX III: LIST OF ORGANIZATIONS PA
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