#DecriminaliseSexWork: Sex Worker Collectives Stand together for their rights
Sex workers have recently been actively raising alarm on how the criminalisation has pushed sex workers to the brink during the COVID-19
In Nepal, like elsewhere, the global pandemic has lent a severe blow to almost all facets of life. And while some formal and informal sectors have been buoyed by government assistance, several have been furloughed or unemployed. Amongst them, the most vulnerable, and the most silenced are the sex workers.
According to Shanti Tiwari, Chairperson of SWASA Nepal a part of Sex workers and allies South Asia, many sex workers are reportedly facing evictions, hunger, physical and mental violence. Unable to pay rents, landlords are chasing them away while several Female Sex Workers (FSW) are having troubles to even scrape a proper meal for themselves and their family.
With no anticipation of help from elsewhere, sex workers themselves have come to the aid of one another. In Nepal there are around 29 sex worker-led groups/organisations/networks and SWASA advocating safe conditions for sex workers, their human rights, raising awareness on condom usage and perils of HIV, as well as addressing the issues of violence and discrimination facing them. These collectives of sex workers like SWASA, NCS-SWAN , JMMS and their district member organisation in collaboration with SWASA have been delivering relief packages since April to the vulnerable FSWs in collaboration with organisations. Even UN Women stepped up towards lending a hand for providing food supplies to the marginalised women.
But such temporary reliefs can hardly compensate for sex workers’ daily livelihood. They have now thrown caution to the wind, and have taken to the streets for survival despite fear of contagion and police arrests.
Fear of arrests, has endangered sex workers, forcing them to work in secluded, dangerous conditions, claims Simran Sherchan, a transgender activist and National Programme Coordinator of the Federation of Sexual and Gender Minorities Nepal (FSGMN).
Just last year, the Metropolitan Police Range, Kathmandu, began intensifying action against people involved in prostitution. From mid-July to mid-August 2019 alone, police had arrested 121 individuals involved in ‘illegal’ sex trade. In many cases, most women stand a chance of getting arrested simply on account of carrying condoms, which in itself has led many sex workers wary of using contraceptives — increasing the risks of sexually transmitted diseases.
In a recent study to mapping the size of the HIV key population carried out by Gandaki Medical College and Teaching Hospital, 54,207 FSWs, and 112,150 men having sex with men and Transgender (TG) were considered most susceptible to HIV.
“However, the number is much more than this because criminalisation has made it difficult to track sex workers with HIV, and provide them medications,” says activist Sherchan.
Criminalisation, as per Sujan Panta, Advocate and Assistant Professor of Law, Mid-Western University, has for a long time compromised basic human rights of sex workers. “Those convicted for the rape of sex workers used to suffer lesser punishment until the Supreme Court released orders to remove any such discriminatory rulings on May 2, 2002,” informs Pant. The ruling also states that policemen have to ensure and address the sexual rights of sex workers. But, as both Tiwari and Sherchan agree, rights are a far cry for those involved in sex work.
The police arrests sex workers under Section 119 and 120 of the Criminal Code, which forbids advertising for prostitution and restricts to offer house and premises for prostituion. “The 2008 Human Trafficking and Transportation (Control) Act, also forbids brothels, trade of humans for forced labour, sexual slavery, or commercial sexual exploitation” as per Panta.
“However, the law is silent on sexual exchange between any two consenting individuals, who are of legal age,” interprets Panta.
Authorities and laws trying to stop sex slavery and human trafficking often get misapplied to sex workers. “Legal actions taken by police towards sex workers has led to little success identifying trafficked persons but instead has denied voluntary sex workers to any protection from law against assault or access to medical and legal services,” worries Tiwari.
Bearing this in mind, sex worker organisations have recently been actively raising alarm on how the criminalisation has pushed sex workers to the brink during the COVID-19.
SWASA, NSC SWAN (an NGO of sec workers), JMMS (a network of female sex workers) have been raising their voices to consider Sex Work as any other occupation. Taking to their social media handles during the 16-Day Campaign Agaisnt Gender Violence, the sex worker collectives used pamphlets and hashtags like #DecriminiliseSexWork #NoMoreMissingRight, #RatfyILOC190, demanding that the government and the society at large consider sex work as an informal sector. The C190 is a new global standard by ILO aimed at ending violence and harassment in the both formal and informal sector including sex work.
Criminalising adult, voluntary, and consensual sex — including the commercial exchange of sexual services — is incompatible with the human right to personal autonomy and privacy, claim sex worker activists . “Government should not be telling consenting adults who they can have sexual relations with and on what terms,” elucidates Sherchan.
Data has shown an increase in the number of sex workers since 2010. As per the 2010 report by National Centre for AIDS and STD Control (NCASC), there were about 26,504 female sex workers. In 2016, NCASCA reported the number of FSWs anywhere between 43,829 to 54,204. In a more recent study by Integrated Biological and Behavioral Surveillance (IBBS), 67,300 women are identified as sex workers. However, today, as per estimation from of JMMS, NSC_SWAN and SWASA, there are roughly about 150,000 not counting TGs and Male sex workers.
“Article 42 of Nepal’s constitution, clearly maintains that minorities must be provided reservations [quotas] across all state institutions in proportion to their population,” informs Sherchan. However, this has so far been limited only in paper.
In reality, due to limited opportunities in the job market, Transgender people, particularly are forced to work as sex workers. According to Sherchan, since lockdown, 17 members of LGBTIQ community have committed suicide. “Many Transgender people have nowhere to turn to for help. Even if they report violence, authorities turn a blind eye saying that they had it coming given the nature of their work,” bemoans Sherchan.
“Decriminalisation will help protect such sex workers from violence and ensure their human rights. Sex workers can only be protected if their work will be respected and understood as decent work,” concludes Tiwari.
