Human Rights for Sex Workers in Nis

Submitted by: Aids Foundation East West, Moscow, Russia

Input for: Expert Group Meeting: "Violence Against Women: A statistical overview, challenges and gaps in data collection and methodology and approaches for overcoming them," 11-14 April 2005, Geneva, Switzerland

Topic: Violence against women in the sex industry

AIDS Foundation East-West (AFEW) is an international, non-governmental, humanitarian, public health organization working in the field of HIV/AIDS prevention, treatment, care and support in regions of Eastern Europe and Central Asia (EECA). AFEW has been operating in Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan since 2002 in a range of fields, including HIV/AIDS prevention, drug demand reduction and health promotion among women in the commercial sex industry.

Commercial sex in the countries of Central Asia seems to be a growing and widespread practice. AFEW has conducted a variety of research projects in this region, including several Rapid Situation Assessments and various qualitative studies, and maintains regular contact with relevant target groups and officials. In this context it has often been argued that the number of (mainly female) sex workers (SWs) has rapidly increased in Central Asia during the last decade. The reasons given for this often include instability and diminished quality of life surrounding economic and political changes.

Example

In Tajikistan, sex services are often provided by women who identify themselves as housewives and, as a rule, have several children. This is often understood as a direct result of increasing labour migration out of Tajikistan. This migration leaves families with children unsupported financially by both parents. In some areas the cost of sex services is very low (less than one US dollar) and women frequently report providing services for no more than a single meal or in exchange for a small amount of alcohol or drugs.

The sex industry in Central Asia continues to diversify, despite being condemned within societies where Muslim traditions are largely prevalent. In large cities, the sex work scene is considerably more open than in smaller towns where the majority of female sex workers work from closed establishments (e.g. apartments, hotels, saunas). This increasing diversity and cultural condemnation makes the industry not only complex in structure but somewhat hidden and difficult to penetrate from a public health perspective.

Throughout the territory of the former Soviet Union, one of the main problems noted by sex workers is the relationship they have with law enforcement. Women involved in the sex business frequently speak about police harassment, which may include blackmail, violence, coercion and extortion.

As a result, human rights issues have recently become a priority for sex work projects. They are frequently discussed at various seminars and conferences. Currently, however, there is no unified approach to the development of strategies for collaboration among the law-enforcement agencies.

To resolve these issues, much depends on the legislation existing in the country, the regulatory practices, the legal literacy of sex workers and the staff of non-government organizations and their understanding of the country's legal framework. There also needs to be a readiness to implement projects related to human rights, the existence of skilled lawyers willing to work on sex work issues, and strong personal relationships between staff of governmental and non-governmental organizations and the sex work community.

The following provides some lessons learned in activities aimed at achieving these goals.

Law enforcement agencies and sex work

From a legal perspective, in general, the issue of "prostitution" is not clearly defined within the legislative frameworks of the various republics in the region. In many instances, prostitution is not perceived as an act punishable under the Criminal Code; however, recruitment into sex work and the maintenance of brothels are.

In addition to this, a range of factors increase a sex worker's vulnerability to violence and police harassment, including:

• The absence of official residency documents;
• High levels of migration among women within the sex industry;
• Stigmatization and discrimination among service providers;
• Language barriers and resulting challenges in accessing available services;
• A lack of access to legal aid;
• Lack of access to quality health and social services; and
• High rates of substance use among women in the lower, more vulnerable sectors of the sex industry.

It is not uncommon for policemen to detain women and demand free sexual services often involving more than one client.

What can be done?

Today, HIV/AIDS prevention projects working with sex workers in the region recognize the need to provide legal services to protect and promote the fundamental human rights of individuals involved in the sex industry. It is likely that some strategies that have proved effective in other regions, such as drop-in centres and self-support groups, need to be encouraged and effectively promoted as a vehicle to transfer knowledge on legal issues but more research is required to verify the applicability of these models.

It is clear, however, that HIV/AIDS prevention projects need to work directly with law enforcement agencies. In some Central Asian Republics there are some Œbetter practices' beginning to appear. Based on this, some strategies to guide further efforts are outlined below.

Strengthening of governmental response to HIV/AIDS and STI epidemic

National programs aimed at fighting the HIV/AIDS epidemic have been accepted and enacted by all the governments of Central Asia. A key positive benefit of this is that the HIV/AIDS Coordination Committees that have been established provide an opportunity to openly discuss the existing difficulties and attempt to develop strategies for contributing to the resolution of these issues. In particular, the multi-sectoral working groups in Tajikistan, the Kyrgyz Republic and Kazakhstan represent a positive step in this direction.

NGO development and capacity building

Experience demonstrates that the relationship between target groups and NGOs is significantly better than that between target groups and governmental agencies. Thus, strengthening NGO services in this area should be considered an important component of any project targeting sex-workers. Activities related to NGOs should include:

• Developing NGOs targeted specifically at these issues;
• Including legal protection services in the NGO mission;
• Encouraging sex workers to openly discuss their problems through support groups etc; and
• Cooperation among governmental health and social services, NGOs and organizations which protect human rights.

Community mobilization and empowerment of sex workers

Recently, the idea of associations and community-based self-support groups has appeared and is slowly starting to be promoted. Self-organization is an important first step toward the protection and promotion of interests. Further steps might include consultations and seminars for sex workers as well as informational materials dedicated to various legal and social issues.

Simultaneously, intensive cooperation and work with law enforcement agencies is needed, especially with those structures that directly associate with sex workers such as district policemen and vice squads.

Example

Legal Aid to Sex workers is a pilot project conducted by the NGO ŒTais Plus' in Kyrgyzstan (Gulnara Kurmanova, 2004). Seventy-six male and female sex workers, those who direct the sex work themselves, and those whose lives are affected by sex work appealed to the project for aid over a period of one year.

This project had several components:

1. everyone who requested legal aid received it free of charge,
2. if needed, the legal rights of project beneficiaries were defended before the state attorney's office,
3. information on sex work and Tais Plus was distributed as a part of a public relations campaign,
4. informational materials for sex workers were written and disseminated,
5. seminars for volunteers were conducted,
6. relations with law enforcement agencies were established and improved and
7. discussions on sex work issues were conducted with officials of the attorney's office and with judges.

Training and seminars for law enforcement agencies

AFEW's experience shows that the attitude of police officers toward sex workers may be completely changed to the better if intensive group work focuses on important issues as:

• Beliefs surrounding sex work and sex workers;
• The day-to-day needs of people involved in the sex industry;
• Relevant health issues;
• Issues surrounding sexual practices and risk behaviours in the context of HIV/STI prevention and the prevention of violence against women; and,
• Issues surrounding sex work, drug use, and human trafficking.

It is very likely that including the human rights aspect in these activities would add significantly to their effectiveness.

Conclusion

The development and introduction of effective legal services for sex workers in Central Asia is currently falling behind the need for these services. A more significant effort is required to improve the degree to which the basic human rights of sex workers are maintained in this region, particularly in regards to their legal protection.

The capacities of both governmental and non-governmental organizations should be built up and an appropriate and concerted effort on the behalf of both of these groups should be encouraged and facilitated. Furthermore, programmes are also required that focus specifically on key target groups, including sex workers themselves, the staff of law enforcement agencies, and client populations.

Through a well-coordinated effort targeting these areas it is believed that the human rights situation of sex workers in Central Asia can be dramatically improved.

Submitted by:

• Aids Foundation East West
  Chayanova St. 15/5
  Moscow125 267
  Tel: +7 095 250 6377
  Email: robin_Montgomery@afew.org