THE CONDOM QUANDARY

years. 188 This could be potentially be explained by a range of factors, including interventions
such as the 767 methadone maintenance treatment clinics that had been set up in 28
provinces. 189 Although drug use is illegal and the police are authorized to detain people who
use drugs, the government issued policies to ensure the PSB’s legitimate role in supporting
the roll out of the methadone clinics, and the clinics provide a platform for coordination
between various departments.
Without the support of the police force, interventions to create a safer environment for sex
workers will be limited. The same will be true for China’s efforts to control the HIV epidemic
in this population. Authorities and communities should work together to support measures
that protect public order and safety, but also help key populations access health services
rather than being targeted as an object of enforcement.
Key Recommendations:
To the Ministry of Public Security
Eliminate the police practice of searching for and confiscating condoms and using
possession of condoms as evidence of prostitution.
• Amend national and local guidelines on the handling of sex work cases and exclude
condoms as physical evidence of prostitution cases.
• Issue a directive to instruct all law enforcement officers to immediately cease using
the possession of condoms as evidence to detain, question, or arrest persons
suspected of sex work.
• Work together with the National Health and Family Planning Commission (NHFPC)
to organize trainings for law enforcement officers on the directive, and on the public
health importance of condoms for HIV prevention and sexual and reproductive health.
Put an end to police extortion, and abuse and violence against sex workers;
investigate and punish officers who abuse or extort sex workers.
• Establish a feedback and accountability mechanism in which sex workers and
other vulnerable groups can file complaints of misconduct by police. Respond to
all incidents, and conduct due diligence to investigate and punish law enforcement
officers who abuse or extort sex workers.
• Train law enforcement officials to recognize and uphold the human rights of
sex workers; invite sex worker representatives to these trainings to share their
experiences.
2015 Progress Report on AIDS Prevention in China
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