SEX WORK AND THE LAW - HIV/AIDS Data Hub

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Sex workers are routinely harassed by law enforcement agencies. Violence against sex workers is not only widespread, but is also legitimized, and accepted by many. In the 1950s, ‘dancing-girls’ were legitimized as ‘artists’ in a High Court order allowing them to perform for three hours every evening. This is the only legal cover sex workers have obtained to date. Other activities such as red-light districts and brothels remain in business by offering huge sums in bribes to the police. …Only about 11.4 percent of female sex workers and 14 percent of male sex workers are reached by HIV prevention programmes, yet far fewer have ever utilized the services. The major barriers are accessibility, quality, affordability and the noncooperative attitude of healthcare providers. Due to the stigma and discrimination attached to sex work, sex workers do not declare their profession. However once the occupation of the sex worker is known to the community, or even to healthcare providers, a significant amount of stigma is observed. Many sex workers avoid public health providers altogether because they fear discrimination, harassment or abuse. 4.7.3 Efforts to improve the legal environment A draft HIV/AIDS Prevention and Treatment Act has been presented to government by the National AIDS Control Programme, which includes a proposed provision that “no law enforcement or other public official shall arrest or detain, or in any manner harass, impede, restrict or otherwise prevent” use of condoms or other HIV prevention products or services by most-at-risk populations, including sex workers. 258 A national consultation on HIV and sex work was held in 2009 and a National Strategy on Female Sex Work in Pakistan was published in 2010. The National Strategy on Female Sex Work in Pakistan states: 259 FSWs (female sex workers) are routinely harassed by law enforcement agencies. Police assume various roles in the sex industry from networking, running brothels, to taking monthly/weekly bhatta (protection money) from brothel owners or FSWs. It is extremely difficult to nearly impossible to run a sex business without assistance from police in Pakistan, and madams and pimps keep a regular liaison with police and provide benefits in terms of pay-offs or free sex or both. Within the legal context that is in place, it will be possible to change the current attitudes of the police to a more supportive role. This has been done elsewhere by liaising with senior police officers; by adapting existing guidelines and by conducting advocacy sessions with police and other important stakeholders on reduction of stigma and discrimination and to promote understanding of the goals and objectives of the HIV prevention interventions. One very concrete approach that involves sex workers, NGO staff and the police is the establishment of crisis response teams to reduce harassment of FSWs and to document rights violations… 258 Draft HIV and AIDS Prevention and Treatment Act, section 20. http://www.nacp.gov.pk/introduction/ national-HIV-AIDS-Law.pdf 259 National AIDS Control Program (2010) National Strategy on HIV preventative services for female sex workers in Pakistan. 84
Review laws and policies All laws and policies that regulate the female sex trade will be reviewed on their impact on public health and the rights of female sex workers and their impact on an enabling environment. An advocacy process will be developed for those aspects that hinder the prevention of HIV among female sex workers and their clients Sri Lanka Develop guidelines for law enforcement agencies and conduct training Meetings will be organized with Provincial AIDS Control Programs and senior police officials operating in the intervention areas to assess current policies and guidelines for law enforcement in the sex trade and their impact on the proposed HIV interventions with female sex workers with the aim to creating directives (signing ID cards for project staff and peer educators, carrying a condom no reason for arrest, active action against perpetrators of violence against FSWs, humane and friendly attitudes and treatment for FSWs arrested, respecting human rights laws, support to crisis response teams). As a result of these activities, police higher management will write letters to local police officers for implementation of the abovementioned directives. The Gender and Reproductive Health Forum is an NGO that advocates for sex work law reform in Pakistan and opposes the criminalization of sex work, coercive programming, mandatory testing, raids and forced rehabilitation. 4.8 Sri Lanka Legal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS 4.8.1 Laws There is no specific offence for sex work in private. However, street work and brothels are illegal. The Vagrants Ordinance creates offences for sex workers who are found ‘wandering in the public street or highway, or in any place of public resort, and behaving in a riotous or indecent manner’. The Vagrants Ordinance uses antiquated and stigmatizing language, in that it categorizes an offender as an ‘idle and disorderly person’, or ‘rogue and vagabond’ (for second offenders) or an ‘incorrigible rogue’ (for third offenders). A person convicted of ‘idle and disorderly’ conduct is liable for detention not exceeding 14 days or a fine. 260 A ‘rogue and vagabond’ is liable for detention for one month or a 260 Section 3. 85
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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’
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 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 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
Page 142 and 143: such as streets and parks are a bar
Page 144 and 145: of Rp 5000 before leaving.…Securi
Page 146 and 147: 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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