Thailand
including any place which arranges for dancing or selling food, liquor or tea or other beverages or any place for baths or massage which has people in charge of pleasing or taking care of customers or having operating hours after midnight. In order to obtain a licence, the operator of the Place of Entertainment must be at least twenty years old, have good health and not have been penalized for any sexual offence or trading of obscene objects. The Act requires entertainment places not to be adjacent to any places related to religion, education, clinic, youth club, dormitory, or living areas. The operator’s duties include: to prepare a biography of every employee prior to the commencement of work; not to employ any person under eighteen; to inspect the age of its patrons through official documents and not to allow any person under twenty other than its employees to enter; not to permit any person other than the one who is responsible for taking care of the Place of Entertainment to stay overnight. Other Acts, regulations and policies National, provincial and local regulations and policies also impact on sex workers. These regulations and policies include rules relating to the 100% Condom Use Policy; clauses in tourist areas that have been declared ‘Special Administrative Zones’, e.g., regulations and penalties for ‘bothering tourists’; regulations under the ‘Social Order Policy’ that influence working hours, zoning, etc.; and local council regulations that can control sex workers conditions, e.g., dress codes. Other Acts that specifically mention prostitution or which may be used to punish sex workers include: •
Alien Workers Act B.E 2551 (2008)
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Criminal Code BE 2429 (1956), Criminal Code Amendment Act (No. 14) BE 2540 (1997)
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Anti Money Laundering Act B.E. 2542 (1999)
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Drug Suppression Act BE 2547 (2003)
The Criminal Code Section 282 provides that it is an offence to procure, seduce or take away for an indecent act, a person to gratify the sexual desire of another person. Penalties for this offence are imprisonment of one to ten years and fine of 2,000-20,000 baht. The Criminal Code also provides serious offences for procuring underage sex workers. Workplace Rules (Bar Rules) Employers in Entertainment Places impose a standardized system of work rules for all salaried employees. Infringements are penalized by salary cuts. Rules are applied for such things as lateness, weight gain, taking days off, displeasing customers, uniforms, work performance, meeting drink quotas and customer quotas. Employers commonly enforce a policy of mandatory STI and HIV testing of sex workers, and HIV-positive sex workers are usually dismissed. Three-monthly HIV testing is mandatory.553
553 Lowe D., (2011) Concept note: The role of the International Labour Organization in improving the working conditions and sexual and reproductive health of sex workers in Thailand, ILO Regional Office for Asia and the Pacific, (unpublished), p.8.
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