Sex work and the law in Asia and the Pacific

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deportation, with limited access to HIV services. In Indonesia and Myanmar, sex workers may be detained in rehabilitation centres. In Thailand, sex workers who are Thai nationals may access entitlements to pensions and benefits for disability through contributing to the social security fund.

Table 3: Legality of adult sex work in South EAST Asia Legal

Country Brunei

370

Sex work in private Soliciting

Brothels

Illegal

Not Illegal*

Laws The Penal Code 1951 provides offences for loitering or soliciting for purpose of prostitution. The Women and Girls Protection Act provides offences for selling or obtaining possession of any woman or girl for the purpose of prostitution; or procuring (Section 3); living on the earnings or trading in prostitution (Sections5); and brothelkeeping (Section 6). Sharia law also operates, which criminalizes sex work.

116

Cambodia

The Constitution prohibits exploitation by prostitution (Article 46). The Law on the Suppression of Human Trafficking and Sexual Exploitation, 2008 provides offences for a person to willingly solicit another in public for the purpose of prostituting himself or herself (Article 24); procurement of prostitution (Article 26); management of an establishment of prostitution (Article 30); provision of premises for prostitution (Article 32). Article 298 of the Criminal Code also punishes soliciting.

Indonesia

There are no national prohibitions on sex work or brothels. Some, provinces or districts have enacted local laws to regulate brothels, some provinces or districts prohibit sex work or apply sharia law.

Lao PDR

The Penal Code provides offences for engaging in prostitution; assisting or facilitating prostitution; generating income through procuring prostitution (Articles 122-123).

Malaysia

State-level sharia law operates to criminalize sex workers and their clients if they are Muslim citizens. The Penal Code provides offences for soliciting (Section 372B) and keeping a brothel (Section 373).

Myanmar

The Suppression of Prostitution Act 1949 provides offences for sex work, soliciting or keeping brothels.


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