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false arrest for carrying condoms, which police officers used as evidence of engagement in sex work. When asked about condom use, metis reported that there was a high risk associated with carrying condoms due to fear of being falsely arrested and then assaulted by police. 240 A survey conducted by Jagriti Mahila Maha Sang (JMMS) and Blue Diamond Society (BDS) to inform this report in 2011 produced the following results: 1. Approximately 79% of the 75 male and transgender sex workers surveyed, reported that they faced more than one form of violence from law enforcement officials: a. 64% experienced arbitrary detention b. 44% reported being raped c. 64% experienced extortion d. 51% experienced sexual abuse e. 73% reported they had been beaten f. 85% experienced verbal insults. 2. Similarly, 89% of the 75 female sex workers surveyed, reported that they faced more than one form of violence from law enforcement officials, including: a. 14 % experienced arbitrary detention b. 7% reported being raped c. 12% experienced extortion d. 19 % reported being sexually abused e. 55% reported being physically abused f. 88% experienced verbal insults. Specific examples of recent rights violations reported during the consultation included: A few weeks ago, ‘Nepti’ was walking in Chabil Road when suddenly a night patrolling police van approached her. The policemen came out, called her names and started beating her. The police took away a mobile phone, which Nepti’s friend was using to capture the event. The next day, Nepti sought the help of the human rights coordinator at Blue Diamond Society; together they filed a complaint with the National Human Rights Commission (NHRC). The NHRC commenced an investigation. In retaliation, the police raided Chabil again the next day, and took 20 Metis to Mahendra Police Club where they invited the media to take pictures and write about them. The media representatives in attendance were aware of sexual minority issues and instead reported on the ongoing human rights violations experienced by the Metis. In early November 2011, a sex worker was walking in the street in Thamel. A police van stopped next to her, the policemen got out and began dragging her into the van. As she tried to resist, the police beat her and pulled her into the van. Even though 240 Wilson E., Pant S., Comfort M., Ekstrand M. (2011) Stigma and HIV risk among Metis in Nepal Cult Health Sex. 2011 March; 13(3): 253–266. 78
she showed her outreach worker ID card, she was kept in custody for 5 hours. She was finally released by a police officer who knew her. Another study involved interviews and field observations with 15 female sex workers (FSWs) from Kathmandu Valley. The study found: Nepal Most of the FSWs claimed or perceived a threat that they could be arrested by the police and kept in jail if their identity as sex workers was discovered. A few FSWs reported that due to police raids for condoms (if they had condoms on their possession, they were ‘charged’ as sex workers), they no longer carry condoms with them. Most FSWs, when asked if they were carrying condoms on their possession, said no because they feared that the police would search their bags and find them. A typical answer to the question; “Do you keep condoms with you?” was: ‘No I don’t...if the police checks my bags searching for a bomb during war, it is sure he will take me to jail. For them both bomb and condoms are similar, both are illegal.’ Even peer-educators, who have identity cards that should protect them from police harassment, are still harassed for example: ‘The police took me into custody for a couple of months after they found condoms with me. They beat me up with a stick. I had many bruises on my body. At one point I lost my capacity to stand. They also stole all my money from my purse.’ 241 4.6.3 Efforts to improve the legal environment Jagriti Mahila Maha Sangh (JMMS, Federation of Female Sex Workers in Nepal) and Blue Diamond Society (BDS) are community based organizations that advocate for improved legal protections for the human rights of sex workers. Jagriti Mahila Maha Sangh is a federation with 26 associate members from 23 districts. JMMS argued for the new Constitution of Nepal to include consideration of sex workers’ rights to security and nondiscrimination. 242 Initiatives that BDS have implemented to improve the social and legal environment for sex workers include: submissions to parliament proposing amendments to the Draft Criminal and Civil Code Bills; public awareness and community mobilization work (e.g., hosting transgender pageant shows; supporting Pride Parades; hosting television shows); and conducting advocacy seminars. The Government of Nepal has published an HIV/AIDS Curriculum for Senior-Level Police, which promotes a human rights-based approach to policing of sex workers and discourages targeting of sex workers for arrest or harassment. 243 (It is unknown how this resource has been used in practice. Sex workers consulted in 2011 noted that despite the existence of the Curriculum, sex workers are still harassed by the police and there is a need to reach junior police as well as senior police). Sex workers consulted in 2011 proposed the following recommendations: 1. Empowerment of key affected populations through free legal aid services, legal literacy workshops, leadership, advocacy and life skills to help build self esteem and confidence. 241 Ghimire L., Smith W., van Teijlingen E., et al (2011) Reasons for non-use of condoms and self-efficacy among female sex workers: a qualitative study in Nepal, BMC Womens Health. 11: 42. 242 Sarkar S. (2011) Nepal: Sex Workers Demand a Place in the Constitution, Inter Press Service, 12 July 2011. 243 Nepal Police (2005) HIV/AIDS Curriculum for Senior-Level Police, Kathmandu: Home Ministry, available at: http://www.policyproject.com/pubs/countryreports/NEP_PoliceCurriculum.pdf 79
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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
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 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 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
Page 136 and 137: 5. Targeting of sex workers reduced
Page 138 and 139: involved in drug use, special inter
Page 140 and 141: 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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