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Sex Workers and HIV Prevention in Fiji - after the Fiji Crimes Decree ...

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Monday morn<strong>in</strong>g we were taken for this communitywork. We had to clean this dra<strong>in</strong> for hours. We startedat 8.30, <strong>and</strong> we were told just to behave like it wasa community work – not to act suspiciously <strong>in</strong> frontof <strong>the</strong> public <strong>and</strong> we were clean<strong>in</strong>g this long dra<strong>in</strong>.(Carrie)The deta<strong>in</strong>ed workers were supervised by members of<strong>the</strong> military, but <strong>the</strong> work to be done was arranged with<strong>and</strong> designated by a person at <strong>the</strong> Council, who also tookresponsibility for provid<strong>in</strong>g lunch – if any was given:After a while <strong>the</strong> big boss comes <strong>in</strong> <strong>and</strong> tells us ‘waitwe’ll give you work to do today’ so he calls up <strong>the</strong>Council <strong>and</strong> he asks <strong>the</strong> council which places do<strong>the</strong>y want to clean up. So <strong>the</strong> council tells <strong>the</strong>m <strong>the</strong>place, next th<strong>in</strong>g we know we were be<strong>in</strong>g told to get<strong>in</strong> <strong>the</strong> vehicle. We were taken to <strong>the</strong> roundabout <strong>and</strong>we were told to pick rubbish from <strong>the</strong>re right up to <strong>the</strong>hospital roundabout. So we started, started, started.There were two soldiers supervis<strong>in</strong>g us. We started,started. They were hold<strong>in</strong>g <strong>the</strong> sack <strong>and</strong> we weredo<strong>in</strong>g <strong>the</strong> clean<strong>in</strong>g. We had about 50 sacks that day<strong>and</strong> so <strong>the</strong>y said ‘look if you can fill up <strong>the</strong> 50 sacks<strong>the</strong>n fill it up <strong>and</strong> we’ll call it a day’. So we made itour bus<strong>in</strong>ess to fill up <strong>the</strong> 50 sacks around <strong>the</strong> road.[When] we had completed it, <strong>the</strong>y told us that wecould go home. (Maria)The new dangers attached to be<strong>in</strong>g identified as a sexworker are reflected <strong>in</strong> <strong>the</strong> closure of one – highlysuccessful <strong>and</strong> popular – program for sex workers runby an NGO. After <strong>the</strong> <strong>Crimes</strong> <strong>Decree</strong> came <strong>in</strong>to force thatparticular service provider almost immediately ceased alltargeted programs with sex workers, <strong>in</strong> part because <strong>the</strong>yfeared that <strong>the</strong> weekly meet<strong>in</strong>gs could provide:an opportunity for police to come around <strong>and</strong> go ‘weknow that you guys are all sex workers, when we seeyou on <strong>the</strong> street we’ll know that you’re a sex workerso we’ll pick you up’ … The police know <strong>the</strong>y are sexworkers <strong>and</strong> <strong>the</strong>refore see <strong>the</strong>m <strong>in</strong> a corner dressed<strong>in</strong> drag <strong>and</strong> that’s all <strong>the</strong>y need to haul <strong>the</strong>m off.To sum up, although <strong>the</strong> female <strong>and</strong> transgender sexworkers who had been deta<strong>in</strong>ed by <strong>the</strong> military are older<strong>and</strong> street-hardened, a number of <strong>the</strong>m were utterlytraumatised by <strong>the</strong>ir experience of detention. Carriestated, ‘For <strong>the</strong> last 15 years I haven’t come through anexperience like what I’ve experienced on September[date deleted], 2010’. Lynette said that she had lost allbelief that she had any rights or access to justice as sheproclaimed:From that night I know <strong>the</strong> law: They said that <strong>the</strong>rewere no more human rights, <strong>the</strong>re were no law.(Lynette)All <strong>the</strong> sex worker experiences of process <strong>and</strong> conditionsof deta<strong>in</strong>ment by military <strong>in</strong> Lautoka are similar <strong>and</strong>consistent, although <strong>the</strong>se events occurred over a periodof more than a year. This <strong>in</strong>dicates that this is not <strong>the</strong>result of r<strong>and</strong>om actions on <strong>the</strong> part of <strong>in</strong>dividuals, but <strong>in</strong>keep<strong>in</strong>g with a planned approach to <strong>the</strong> military polic<strong>in</strong>gof sex work <strong>in</strong> <strong>the</strong> Lautoka area. Fur<strong>the</strong>rmore, <strong>the</strong>re isobvious complicity by at least some <strong>in</strong>dividuals at <strong>the</strong>Lautoka City Council <strong>in</strong> <strong>the</strong> forced labour of <strong>the</strong> deta<strong>in</strong>edsex workers, <strong>and</strong> <strong>the</strong> concomitant human rights abuses.Well-known, high-profile <strong>and</strong> regular sex workersare those who are gett<strong>in</strong>g picked up by <strong>the</strong> military.Accord<strong>in</strong>g to Bree, <strong>the</strong> military ‘assume’ <strong>the</strong>y are sexworkers because <strong>the</strong>y are hang<strong>in</strong>g around ‘hotspots’ <strong>in</strong>Lautoka. O<strong>the</strong>rs po<strong>in</strong>t out that sex workers are known <strong>in</strong><strong>the</strong> communities <strong>and</strong> villages that <strong>the</strong>y live <strong>in</strong>, <strong>and</strong> thatmilitary personnel are part of those communities too:We know each o<strong>the</strong>r because it’s such a small place.In Lautoka three or four soldiers could be liv<strong>in</strong>garound <strong>the</strong> neighbourhood – we know each o<strong>the</strong>r,<strong>the</strong>y would grow up with you or you attend <strong>the</strong> samechurch. Them com<strong>in</strong>g down to us to <strong>the</strong> street <strong>and</strong>try<strong>in</strong>g to chase us off <strong>the</strong> street is quite new. (Maria)In Suva, <strong>the</strong>re was less evidence of military activityfocused on sex work, <strong>and</strong> <strong>the</strong> few isolated actionsreported do not appear to be part of an organisedprogram, nor do <strong>the</strong>y implicate <strong>the</strong> army base itself <strong>in</strong><strong>the</strong> same manner as do events <strong>in</strong> Lautoka. While a localcommunity-based sex worker organisation said that itsmembers ‘have witnessed <strong>and</strong> have been told by o<strong>the</strong>rsex workers that <strong>the</strong> military take <strong>the</strong>m to remote areas<strong>and</strong> leave <strong>the</strong>m <strong>the</strong>re, or take <strong>the</strong>m to <strong>the</strong> sea <strong>and</strong> get<strong>the</strong>m to swim out’, none of <strong>the</strong>ir members have had<strong>in</strong>teractions with military personnel <strong>the</strong>mselves .It is clear that <strong>the</strong> army is act<strong>in</strong>g outside <strong>the</strong> law <strong>in</strong>deta<strong>in</strong><strong>in</strong>g <strong>and</strong> abus<strong>in</strong>g sex workers, <strong>and</strong> that <strong>the</strong>detention <strong>and</strong> punishment of <strong>the</strong> sex workers occurswithout due process or regard for human rights.However, this military activity appears to be <strong>in</strong>spired bySection 231 of <strong>the</strong> <strong>Crimes</strong> <strong>Decree</strong> – <strong>and</strong> <strong>in</strong> particular<strong>the</strong> provision for arrest on suspicion. In each of <strong>the</strong><strong>in</strong>cidents <strong>the</strong> sex workers described, <strong>the</strong> deta<strong>in</strong>ed sexworkers were led to believe – on <strong>the</strong> basis of <strong>the</strong> soldiers’words <strong>and</strong> actions – that <strong>the</strong> law now allows for arreston suspicion of <strong>in</strong>tention to sell sex. This is a valid <strong>and</strong>underst<strong>and</strong>able conclusion <strong>in</strong> <strong>the</strong> light of <strong>the</strong> recent tacticof pick<strong>in</strong>g up known sex workers who are present <strong>in</strong><strong>Sex</strong> WoRKeRS <strong>and</strong> <strong>HIV</strong> PreveNTIon <strong>in</strong> <strong>Fiji</strong> - After The <strong>Fiji</strong> <strong>Crimes</strong> <strong>Decree</strong> 200917

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