National AIDS Bulletin
This article published September 2001
Introduction
In June 2001, migrant sex workers from south east Asia, community workers and academics met in Hong Kong to discuss the establishment of an effective support network for migrant sex workers. Organised by Hong Kong based sex worker organisation Ziteng and the Asia Monitor Resource Centre; the conference resulted from a study of Chinese migrant sex workers in Hong Kong which highlighted the need for such a network. Representatives from Cambodia, Vietnam, Thailand, Indonesia, India, Singapore, Hong Kong, Taiwan, China, Japan, Korea attended, with Australia, Germany and the Netherlands outlining their existing legal framework and contributing to effective law reform discussions. The principle aims of the conference were:
- To recognise sex work as work;
- To distinguish between trafficking and migration, with the only similarity being the legal status of sex work;
- To establish a network in the region that would deliver effective support services; and
- The development of a handbook to provide basic and practical information in a range of languages regarding the conditions in the region for those already working or considering sex work.
The conference mapped the migration routes of Asian sex workers, and while the main routes appeared to exist between various countries such as Vietnam/Cambodia/Thailand; China/Hong Kong; and Thailand/Japan, it was evident that sex workers migrated to all of the countries represented. It was identified that the processes and conditions under which they did so varied markedly, and that little was known about migrant sex workers from the region working in other countries such as Australia, the US and continental Europe.
Country reports
Outlining their particular conditions for sex workers and those for migrant sex workers, each country provided an oral and written report, summarised as follow:
Cambodia
Since 1998, Cambodian sex workers have begun to organise through the establishment of a Union. With more than 200 members who are active in education and health rights, the Union is peer education based and is expanding to include discrimination and HIV issues. Sex work is illegal in Cambodia, and while it appears that workers are primarily split between private (which may include street workers) and brothels, it also appears that payments to police and other authorities is required if businesses wish to continue operating. The participants spoke about the conditions in the sex industry including: a preference amongst local sex workers for brothel work due to safety considerations; long work hours; police and client harassment; living conditions; client payment; and use of condoms. It is thought that of the approximately 40% of the sex workers in Cambodia (who come from Vietnam), half live in Cambodia on a permanent basis and are located in border towns with the other half arriving on illegal work contracts without visas to remain in the country.
Vietnam
For a number of reasons – including the fact that it appeared that the two representatives had been ‘chosen’ by the Ministry of Labour Invalids and Social Affairs located in the Department for Social Evils Prevention – Vietnam presented one of the most disturbing reports. The papers included precise numbers of sex workers, migrant sex workers, those who had been arrested, STI percentages and many other statistics. The Department for Social Evils Prevention views sex work as unacceptable to the nationals and it is condemned as a moral vice – with a heated discussion about antecedents to sex work, choice and differences in culture and poverty ensuing.
Sex work is illegal in Vietnam, with the local industry structured primarily between hotels/restaurant, escort and street workers/parks and brothels. Those who are arrested for a second time are sent to an education centre where they “learn vocational skills and how to prevent STIs.” They are ‘released’ after six months, with more than 90% estimated to return to the sex industry. It was astounding that at this point the interpreter halted proceedings and explained that the women attending were unable to speak on their own behalf and were representing the government view (although they may have indeed believed that sex work was evil). He stated that the education centres existed to provide cheap labour to the government’s laundry services and that many women in the centres committed suicide. The participants presented research describing the conditions in the sex industry, including: sex workers having little control over choice of clients; violence by brothel owners; police corruption including the purchase of workers; and systems of fines. Similar to the Cambodian presentation, it was claimed that a high percentage of workers in Vietnam were from Cambodia and had entered the country illegally – therefore facing greater restrictions than the local women.
Thailand
The participants from EMPOWER Thailand outlined how the prevailing economic situation had resulted in conditions for sex workers being slowly eroded, with the introduction of greater restrictions such as withholding of wages and systems of fines. The introduction of the Suppression of Sex Work Act 1996 has further resulted in attempts to control and suppress sex work and has lead to an industry crackdown, including the employment of underage sex workers. This has resulted in businesses going underground to avoid the law and present themselves as restaurants, beauty parlours, etc., and as a result, sex workers have become increasingly more isolated and unable to seek assistance for medical and outreach services provided at a community level. The main organisation of sex workers in Thailand is through karaoke bars, saunas, cafés, go go bars, live shows, brothels and, more recently, street work. Wages and conditions vary throughout the sectors, with services to foreigners being the preferred work place. The conditions, described as ‘twofold’, were: a) women from Eastern European countries (classified as tourists and not suspected of working in the sex industry) were not targeted; and b) those from Vietnam and Cambodia worked in fear of immigration (if arrested they are deported immediately – as are Thai street sex workers), the local police and localised corruption.
It appears that sex workers from Thailand migrate to a range of countries including Germany, England, Canada, America, Australia, Japan, Netherlands, New Zealand, Hong Kong, Brunei, Taiwan and Singapore, and while most sex workers are bonded or contracted and agree to repay expenses relating to their work, it is unknown how many of them are aware of the type of work they are undertaking. It is believed, however, that the majority know they will be working in the sex industry. A significant problem is when migrant Thai sex workers are returned to Thailand before the end of their contract when they have to pay an immigration fine while still owing a debt against their contract. It was also revealed that they often had little information about their legal status, and a lack of knowledge about their rights, health information, education and cultural differences.
Indonesia
Sex work in Indonesia is illegal although the law is unclear and policing practices vary regionally. However, the majority of sex workers are treated as criminals and may be imprisoned or pay a fine. The living conditions were described as bad with the main areas of work being in brothels or street work. The main routes of migration to Indonesia appear to be from Malaysian, Chinese, Philippines and Thailand. It appears that migrant sex workers are classified as ‘expensive girls’ or ‘high-class’ sex workers who operate from apartments. Little was known about migrant sex workers from Indonesia although it is believed that they faced similar issues to other migrant sex workers with contacts, legal status and immigration difficulties. The major route of migration appears to be to Malaysia with the State Minister of Malaysia estimating that 62% of sex workers in Malaysia are from Indonesia.
India
The organisation of sex work in India is complex, however the presentations by the participants were inspiring with respect to the peer-based organisation for social change in the country’s sex industry. Sex work in India operates and is controlled by way of defined red-light districts and police control (and corruption). It appears that the sex industry in India is regulated under the Immoral Traffic Prevention Act which prohibits the keeping of brothels, living off the earnings of prostitution, procuring sex workers, street work, and sets out a range of penalties. Sex workers live and work within demarcated brothel areas in red light districts, although a number of sex workers also live in residential localities outside the area, with a vast number of street based sex workers operating in Calcutta.
Sex workers in red-light districts come from within India as well as Bangladesh and Nepal. Four types of contracts determine how Indian sex workers operate. For example, brothel based sex workers are contracted under the chhukri, adhia, dalal-bari and independently. Chhukris are virtually bonded to their madams as agents supply them and conditions are harsh, with repayment of debt the primary goal. Adhias work for a madam and split the income 50/50. Conditions under this system are less severe, as sex workers choose who they wish to work for.
Police raids are a regular feature of working in red light areas, although they are ostensibly conducted to rescue minors. In reality, however, police tend to extract fines from individual workers or from madams, resulting in greater dependency workers place on madams due to the additional financial insecurity. Through peer based networks Indian sex workers are becoming increasingly politicised and organised – and while participants did not describe the migration of sex workers from India to other countries, it was thought that the problems associated with illegal status, contracts and bonds were experienced by Indian sex workers working in other countries.
Singapore
Regulations of the Singapore sex industry are unclear, although many people believe the government is pragmatic in its approach. Soliciting is illegal, as is working in a brothel although brothels are tolerated in certain areas. Individual sex work is legal. Sex workers must register and carry a yellow card if they wish to work in designated red light areas. Migrant sex workers have been known to work there but as they don’t have a yellow card they risk being identified and deported. Migrant sex workers come from all countries in the East/Asia region as well as other countries in Europe. This is thought to be due to the largely good working conditions and high pay. Most migrant sex workers enter Singapore on social passes. Immigration usually does not ban women entering the country unless they have an absence of funds or are HIV positive. Little was known about migrant sex workers in Singapore.
Hong Kong
Sex work is not illegal in Hong Kong, with the law prohibiting only exploitation and control of sex workers by a third party – defined as brothel owners or pimps. Many sex workers operate individually from apartment style buildings and attract clients from street soliciting. Although the law provides little protection from arbitrary arrest and sentencing and arrest, conditions appear to be reasonable – however, sex workers are usually the targets of law enforcement. China is the main country of origin for the many migrant sex workers in Hong Kong. Some enter using a travel visa, with women from China using a 7-day travel visa obtained in order to run a business in Hong Kong. The Crimes Ordinance also sets out penalties for migrant sex workers who overstay their travel visa or who work whilst on a travel visa, and the use of fake visas or identity cards attracts high penalties.
Taiwan
Sex work in Taiwan is partially legal, with the Crimes Act and Social Order Protection Act prohibiting involvement in the sex industry. The Management of Prostitution Regulations, however, allows licensed sex workers to trade under the management of local police although the numbers of sex workers allowed to register is limited, with many more workers known to operate (primarily privately) outside the system. In March 2001, the Taipei government revoked the Act giving registered sex workers the right to work, requiring them to ‘find other employment’ within a week. Due to organisation by registered sex workers, a phased period was introduced – however no new licenses are to be granted. Little is known about migrant sex workers in Taiwan, as only a few migrant sex workers have ever been arrested. Entering Taiwan illegally is a serious crime as it is considered a violation of state security, with the majority of migrant sex workers using a travel visa to enter the country.
Korea
Although it is largely unpoliced, sex work is illegal in Korea – with a myriad of laws relating to the prevention of prostitution in existence. In the absence of legal protection, and being subject to control by brothel owners and gangsters with high levels of isolation, confinement and sexual violence, conditions for sex workers were described as poor. Little is known about Korean sex workers in other countries, however, speculation exists that many Korean women who married and divorced US Marines now work as sex workers in the US. Migrant workers, (believed to be formally imported through direct recruitment by Korean agencies or brokers) who have entered the country on tourist or entertainment visas, appear to derive primarily from the Philippines and Russia, with India recently identified as another route. Migrant sex workers arrested in Korea are deported immediately and unable to return within five years.
Japan
The sex industry – comprising bar work, brothels and escort work – is illegal (and generally ignored) in Japan, however sex workers are rarely punished unless they solicit publicly for clients. An entertainment or tourist visa is the primary visa allowing non-Japanese women to work in Japan, and due to the range of conditions and opportunities for high income, many sex workers from around the world work in Japan. Thailand and Russia were identified as highly organised and popular migration routes. The working conditions are dependent upon the types of contract arrangements entered into, with difficulties arising in relation to the amount of money workers are required to repay for the organisation of travel while also being required to make payment if deported before the expiration of the contract.
Australia/Germany/Netherlands
Presentations on the law in Australia, Germany and Netherlands explored the various models of sex industry regulation and the laws that operate in these countries. The purpose was to explore how legal/decriminalised models of regulation could be culturally adapted and used for reform purposes in the region. The primary discussion related to the benefits of a model that removed all criminal laws from the sex industry so that:
- Sex workers could have greater access to health services, and welfare and justice systems;
- Occupational health and safety standards could be implemented;
- Violence and intimidatory practices could be reduced;
- Industrial rights could be implemented;
- Social status and discrimination against sex workers could be addressed; and
- There were attempts at police corruption and organised crime minimisation.
A session was held at the Hong Kong Polytechnic University, which further explored the issues under the banner ‘Sex Work: Global Experiences and Local Responses’.
Handbook for migrant sex workers in Asia
An agreement to develop a handbook was the major conference outcome, with the aim to provide basic and practical information on local working conditions throughout the region. This includes: legal issues (including immigration) relating to working in specific countries; common problems, such as police harassment, facing sex workers; general working conditions; common contracts; descriptions of living and other expenses; social and cultural issues such as taboos and services; organisations, such as health, peer based and legal/immigration, for sex workers.
Conclusion
The immense difficulties associated with organising and
hosting this conference included the logistics of ensuring full participation
through translation services. Other difficulties related to ensuring that the
aims of the conference were clear, obtaining agreement on the content and
progress of the handbook, and ensuring participants were representative of their
country. While it is unlikely that these aims were fully achieved, as a
networking conference, it provided a range of useful information and a process
through which to move forward.
Linda Banach is a Policy Analyst with AFAO Top
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