Cambodia law threatens effectiveness of HIV prevention work with sex workers

26 June 2008

Sex workers' rights protest at the Cambodian Embassy in New York City, june 2008 © 2008 Alliance

Sex workers, entertainment workers and AIDS activists in Cambodia have expressed concern that the country’s recent legislation on human trafficking and sexual exploitation could undermine HIV prevention efforts.

On 15 February 2008, Cambodia launched the Law on the Suppression of Human Trafficking and Commercial Sexual Exploitation that aims to protect human rights and dignity, to improve the country’s proper customs and cultural value, and to implement the UN protocol on the issue. Article 23 of the law defines prostitution as “having sexual intercourse with an unspecified person or other sexual conduct of all kinds in exchange for any value.”

Anter Nita, director of Sihanouk-based Community United for Development expressed concern that sex workers, especially those based in brothels, would go into hiding if law enforcement is strong: “My organisation educates nearly 350 sex workers on how to protect themselves from HIV and other sexually transmitted infections, how to encourage violent clients to use condoms, and how to find good healthcare services. Our 100% condom use and HIV prevention programmes with sex workers will be affected if sex workers go into hiding.”

“The leaders should understand about our situation,” said Srey Rath, who has been a sex worker for ten years. A widow, with four children, Rath was trafficked to Thailand to be a sex worker in the late 1990s. “I would like to appeal that the law should drop the punishment of sex workers, otherwise we have no way of making our living. We do not want to be sex workers, but we have no other job to do. Brothel-based sex workers will become freelance sex workers who have no specific place to stay, and they cannot receive any education on HIV and AIDS.”

According to reports from non-governmental organisations, some local police forces have been instructing owners of karaoke parlours, nightclubs and bars that they will fine them if premises contain condoms. Some brothels have closed down and people are now afraid of talking openly about or displaying condoms.

Many of the women speaking to KHANA, the Alliance’s linking organisation in Cambodia, highlighted that poverty and a lack of skills is hindering their social progression. Many of them depend financially on their husbands. Those who are widowed experience significant strain.

“I really do not want to go out and sleep with men, but since my husband died, I have no support,” said a 27-year-old widow with three children. “I have no skill to find a job. Going out with men at night, I get about US$30, and sometimes up to $100. If the enforcement of the law is strict, I think it will be really bad for us – we do not know how to survive.”

“I hadn’t heard of the sexual exploitation law, but I think it is really severe for us,” said a 36-year-old brothel-based sex worker in the resort and port of Sihanoukville. “I agree that selling sex is affecting the Khmer culture and really bad for the Khmer women’s reputation but we have no choice.”

According to Cambodia’s National Centre for HIV/AIDS, Dermatology and STDs, there are an estimated 3,430 direct entertainment workers* and 13,723 indirect entertainment workers* in Cambodia. Last year, KHANA, through its implementing partners nationwide, provided prevention information on HIV and sexually transmitted infections to 1,568 direct entertainment workers and 4,715 indirect entertainment workers.

*Indirect entertainment workers work as sex workers in entertainment establishments such as bars or karaoke parlours. They are not necessarily bar or karaoke staff. Direct sex workers work in brothels or massage parlours/saunas.