APNSW Legal Literacy Training workshop Summary (Part One)

Transcription

1 APNSW Legal Literacy Training workshop Summary (Part One) Participants from five APNSW member countries took part in a Legal Literacy Training workshop in Bangkok from th August, The objective was to ensure sex worker representatives understood: Group photo on the last day of the workshop. the rights of sex workers and the importance of legal literacy to advance these rights how the laws currently affect sex workers in their country good practices in legal literacy activities in other countries how to document and respond to violations of human rights how to prepare for legal services projects in their countries. APNSW Members from each country began by giving a summary of the legal situation facing sex workers back home.

2 Representatives from AMA: Aye Myanmar Association In Myanmar, Ei Ei Khaing from AMA told the group, the Suppression of Prostitution Act (1949) provides for prison sentences of one to three years for sex workers. Before 2011, condoms could legally be used as circumstantial evidence. A Directive from Ministry of Home Affairs in 2011 revised this, but many sex workers are still unaware of this change and since random arrest of sex workers is a common problem, many sex workers are reluctant to carry condoms. Although there are an estimated 60,000 direct and indirect sex workers in Myanmar, sex work is not widely tolerated as it is in other countries in the region, and there are no red light districts. Harassment by police means sex work venues change regularly, and managers of these establishments deny the existence of sex for fear of prosecution. Despite decreasing prevalence of HIV among SW, harsh laws combined with stigma and discrimination are undermining SW rights. Stigma and discrimination exists at all levels of society, including in NGO- run clinical settings designed to be stigma- free for sex workers. A new law is being drafted to protect the rights of PLHIV, and community and civil society stakeholders are members of a working committee. The criminalization of clients was proposed as part of this law, however, after strong protests from sex workers and allies this seems to be off the agenda for now. (Another victory for sex workers!) Overall, progress is slow but there are positive developments too. Community organizing around sex work was impossible seven years ago, but now there are many organizations not only working for sex workers who are able to register their organization and get legal status. The National Aids Program is getting closer to sex workers, and we are talking about rights of sex workers and decriminalization.

3 Representatives from OPSI: Organisasi Perubahan Sosial Indonesia In Indonesia, according Faisal Riza from OPSI, while there is no reference to sex work in the national laws, local regulations at the provincial level more or less criminalizes sex work in practice in some areas, though not in others. Local government and Dept of Social Affairs can detain sex workers for rehabilitation, and this can include cutting off access to family. Indonesian society has a low opinion of sex workers, based on stereotypes and stigma coming from religious, moral, social and cultural values, as well as anti- trafficking narratives. Sex workers are often in a difficult position for bargaining, due to lower educational levels, and being economically less well off. High levels of mobility can mean difficulties with ID cards and access to state services. Added to this there is internalized stigma, low self- confidence, police bureaucracy and a lack of information about rights. All of these things contribute to sex workers vulnerability to violence, which is a major issue in Indonesia. Community legal services (CLS) is an intervention OPSI have been working on in partnership with local legal aid organizations and the national commission for human rights. CLS inform sex workers of their rights under the law, provides a hotline for complaints from SWs who have suffered violence, and provides health information and safe spaces when needed. Despite this support SW are often afraid to continue with legal proceedings due to threats from perpetrators, or continued feelings for the perpetrator in the case of domestic violence. Sex workers with disabilities need specific interventions.

4 Representatives from VNSW: Vietnam Network of Sex Workers In Vietnam, according to Thy An My Do from VNSW, State Order 2003 (Article 4) prohibits buying/selling sex. Providing accommodation (venues) for sex work can mean a sentence ranging from one year, or up to life in the case of organizing others or forcing people. Vietnamese culture considers prostitution destroying traditional values including the four female virtues. Media culture forgives men having multiple partners, but insults women - whom tradition says must shave their head. Police arrests in cases of buying/selling sex are common (around 1500/year.) Most of these people were sent to re- education centers, where they must work for no pay. Before 2012, sex workers were arrested and re- educated, but since that year SW have been given fines of cash between 5 and 250 USD dollars depending on the offence. Amounts collected by police, however, are often ten times higher than this. Other difficulties include not being able to register VNSW as a legal entity, which impacts on resources. There has been some progress in raising awareness of CBOs and engaging in communication, counseling and training. Successful advocacy efforts include closing down the Re- education Centre Number 5, and efforts to enforce penalties in accordance with regulations. Additionally, the current laws are under periodic review and the government seems to be open to new ideas including entertainment areas where sex workers could work with safety. While this is a welcome idea, it will not on its own remove stigma and discrimination from society, authorities or service providers. Government is making small but positive steps to protect rights of sex workers.

5 Representatives from WNU: Women s Network for Unity In Cambodia, presented by Pen Sothary from WNU, there is no law specifying whether sex work is legal or illegal, but there are laws regarding how and where people buy and sell sex. Article 24 (soliciting) really affects sex workers in public spaces. Police can fine those who buy or sell, as well as people who provide transport or find clients. Violence, abuse and harassment from authorities and police is a major problem. Earlier this month (August 2015) many sex workers were arrested and detained for several days in poor conditions without adequate food. Discrimination from families and among the community is a problem, as are religious and cultural perceptions of the gender role of women who are expected to be a model for next generation. Economic factors are an issue: the cost of living is increasing but incomes in all labor sectors, including sex work, are not. The sex worker rights environment is difficult, including infrastructure, law on NGOs and unions, and it is hard to protest violations of rights such as when rehabilitation means being put behind bars. WNU have organized and joined with other organizations for many activities including workshops and demonstrations, in multiple areas as well as sex work such as rights of MSM and PLHIV.

6 Representatives from BNSW: Bangladesh Network of Sex Workers, and HARC: HIV/AIDS Research and Welfare Centre In Bangladesh, presented by Niger Sultana from HARC, sex work is not legal, nor illegal. According to a court decision, anyone over 18 can choose their profession including sex work. However, other laws prevent this work in practice 1 - including public nuisance laws, and trafficking law under which SW can be classed as trafficked at any time. Some British colonial laws are still in place, there are laws that penalize disclosure of HIV status, there are gaps in protective laws, and Intellectual Property laws hinder production of low cost medicines. Actions of police and local administrations act as a barrier to sex work. Police can arrest SW without warrant at any time, and extort money, drugs and sex. Sex workers face stigma and discrimination, isolation, criminalization, human rights violations and physical violence stemming from social, religious and economic factors. Children are stigmatized at schools and in communities, and SW face discrimination in medical settings, including those designed specifically for SW. Vigilante groups have closed down brothels. While it is not clear how serious Bangladeshi Government is about addressing these human rights issues, they are serious when it comes to addressing disease. Government recognizes that laws are limiting the scale up of HIV interventions, and held a national consultation on this issue. Other positive outcomes since the report of the Global Commission on HIV and the Law was published include recognition of some rights of sex workers, Hijra and women, and legal recognition of Hijra as Third Gender. 1 Penal Code, 1860 (Section 373 penalizes buying, hiring for the purpose of prostitution, and Section 377 criminalizes carnal knowledge against the order of nature. The Suppression of Immoral Traffic Act 1933 (Section 7) prohibits soliciting. The Cantonments Act, 1924 (Section 236) prohibits loitering for purpose of prostitution or sexual immorality. The Dhaka Metropolitan Ordinance, c1976, Section 76, also prohibits soliciting.