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The DMSC approach has reduced the number of underage sex workers (from 25% in 1992 to 2% in 2008) and incidence of police raids (from 162 in 2003 to 22 in 2009 in Sonagachi). 213 The DMSC model of self-regulation is regarded as highly successful internationally and has been replicated in other states of India (e.g., Andhra Pradesh). However, it is a model that may be difficult to replicate in other social settings where sex work is organized differently and there is no history of community organizing. DMSC has proposed that a state level central self-regulatory board be formed, which can act as an ombudsman and can also advocate and lobby with the state and national bodies on policy and law reform issues. 214 DMSC provides an alternative approach to addressing trafficking that avoids problems inherent in relying on police: [DMSC] sees as most urgent the need to establish better labour standards in sex work, and support individual sex workers tackling exploitative situations. This includes supporting unwilling and underage sex workers by helping them decide what to do, rather than handing them over to the police where they are likely to face more harassment. 215 Sex worker advocates argue that mobilization of sex worker communities through organized collectives and industry self-regulation has the potential to be more effective than relying on police and adversarial courts to protect worker’s rights and address issues such as trafficking: Given that the exercise of rights is through the courts of law, the position between parties is automatically adversarial. It is usually the State against the sex workers. Any possibility of negotiation is severely thwarted. For instance, many collectives of sex workers work with the police to prevent minor girls from doing sex work. The sex workers in fact become the watchdog in the community. By working with the communities where the sex workers work, not only is minor exploitation curbed, but also an active AIDS prevention is possible. The valuable resources of compromise and coordination are lost when adversarial positions are adopted. 216 The Lawyers Collective also recommends self-regulatory boards that oversee condom use, health checks, and the prevention of entry of minors to the sex industry. The Lawyers Collective argues that self-regulatory approaches to preventing trafficking and underage workers are more effective than arbitrary raid and rescue operations. Giving greater control to sex workers enables them to set their own working conditions and enforce their own rules. 217 Avahan India AIDS Initiative 218 The Avahan India AIDS Initiative has scaled up HIV interventions in six Indian states. In addition to HIV behaviour change education, condom distribution, and STI treatment, 213 Ibid. 214 Bandyopadhyay N. (2008) op cit., p.32. 215 Bandyopadhyay N. (2008) op cit, p.3. 216 Rao S., Sluggett, C. (2009), op cit., p.9. 217 Grover A., et al (2003) op cit pp.131-132. 218 Avahan is funded by the Bill and Melinda Gates Foundation. See: Rau B. (2011) The Avahan-India AIDS Initiative: Promising Approaches to Combination HIV Prevention Programming in Concentrated Epidemics. Case Study Series. Arlington, VA: USAID AIDSTAR-One. 72
Avahan’s NGO partners have implemented interventions to reduce police harassment and to expand community engagement efforts. Peer educators and other programme staff targeted the police to stop harassment, coercion, and violence. The resistance by sex workers to police interference and the use of rapid response teams has resulted in improved working conditions for sex workers and reduced police abuses. 219 As relations with police improved, it became easier for sex workers to practice safer sex and to seek care. As confidence grew within sex worker groups, community members advocated for rights and acquired ration cards, access to public health facilities, and health insurance. 220 India Lawyers Collective HIV/AIDS Unit The Lawyers Collective provides legal services for sex workers particularly in relation to public interest litigation and engages in advocacy for law reform. For example, the Lawyers Collective represented a sex worker from Hyderabad who had been forcibly tested for HIV in the police station after being arrested. Subsequently, her organization filed a writ with the assistance of the Lawyers Collective, which prevented the practice recurring. 221 The Lawyers Collective drafted the HIV/AIDS Bill 2007, which has been submitted to government for consideration. The HIV/AIDS Bill 2007 contains the following provision, to prevent police from confiscating condoms from sex workers: Clause 21. Strategies for reduction of risk. – 1. Notwithstanding anything contained in any law for the time being in force, a. the implementation or use of any strategy for reducing the risk of HIV transmission; or b. the provision or possession of any tool or paraphernalia for reduction of risk of HIV transmission, or any act pursuant thereto, shall not, in any manner, be prohibited, impeded, restricted or prevented and shall not amount to a criminal offence or attract civil liability. Explanation:– Strategies for reducing risk of HIV transmission means promoting actions or practices that minimize a person’s risk of exposure to HIV or mitigate the adverse impacts related to HIV/AIDS including: i. the provision of information, education and counselling services relating to HIV prevention and safe practices; ii. iii. the provision and use of safer sex tools, including condoms, lubricants, femalecontrolled barrier methods, and safe drug use paraphernalia, including clean needles, syringes, bleach and other appropriate sterilizing equipment accompanied by information on their use; drug substitution, drug maintenance and needle and syringe exchange programmes in accordance with Sub-section 2; and iv. the provision of any strategy for reducing risk of HIV transmission including those contained in (i), (ii) and (iii) above to persons below the age of 18 years who in the opinion of the provider of strategies for reducing risk of HIV transmission have the capacity to consent to such strategy. 219 Ibid, p.9. 220 Ibid, p.13. 221 National Network of Sex Workers and Lawyers Collective HIV/AIDS Unit (2011) op cit. 73
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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
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 64 and 65: order to ensure smooth operation of
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 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
Page 114 and 115: All pilot projects recognized that
Page 116 and 117: 5.3 Hong Kong Special Administrativ
Page 118 and 119: 5.4.1 Laws Sex work in private is l
Page 120 and 121: In 2011, the Legislature amended th
Page 122 and 123: y a television crew, which then bro
Page 124 and 125: others, inducing a person to be a s
Page 126 and 127: STI examinations show a rapid decre
Page 128 and 129: A SEX WORKER STANDS IN A DOORWAY AT
Page 130 and 131: deportation, with limited access to
Page 132 and 133: 6.2 Cambodia 371 Legal SEX WORK IN
Page 134 and 135: 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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