Sex workers on Top of the Law

Sex workers on
Top of the Law
Coming Together
The New Zealand Prostitutes Collective was established by sex workers
for sex workers in 1987, with the purpose of ‘decriminalising
prostitution’ and seeking and an end to discrimination and stigma.
We wanted to have the same rights as any other person. In 1988,
we contracted with the Minister of Health to create a supportive social
environment for sex workers, and to provide a range of services
related to the prevention of HIV/AIDS to people working in the sex
industry.
This loosely connected group of male, female and transgendered sex
workers became an effective lobby group, and drove the agenda to
decriminalise sex work.
NZPC campaigned to repeal
the laws against:
• Brothel keeping (5 years imprisonment).
• Living on the earnings (5 years
imprisonment).
• Procuring (5 years imprisonment).
• Soliciting ($200 fine- conviction for ever).
• People with minor drug convictions were
banned from indoor work for 10 years.
Clash of Interests
• Government Agencies were at odds over their
differing approaches to sex workers.
• Ministry of Health funded sex workers to
distribute safer sex products, etc., to their peers.
• Police seized these condoms, etc., as evidence
of sex work and related activities to prove the
“prostitution” laws were being broken. This
hampered effective HIV prevention strategies.
• Occupational Safety and Health stopped short of
most elements in relation to sex work.
We wanted to overturn the legal and
assumed power police had over sex
workers:
• Undercover police would entrap sex
workers.
• Many intrusions into the personal and
working lives of sex workers.
• Sex workers’ names were registered with
the police, and all sex workers were
regarded and monitored as criminals.
We wanted:
• Employment rights- the same as everyone
else.
• Occupational safety and health rights.
• To not be afraid to access health services.
• To have options to work for others or
ourselves- on the street, in brothels, or
from home.
To
maintain
control
over our
own work.
To maintain our anonymity …
Working together
• At first we were a lone voice talking among
ourselves, building sex worker support- female,
male, transgendered, workers and operators.
• Community AIDS groups and public health projects
were important allies.
• We built key relationships with media initially-we
were ‘novel’, and they reported us a lot.
• Relationships were also built with political parties
and politicians- mostly from all sides.
• We extended this to include women’s groupsYWCA, National Council of Women, Business and
Professional Women’s Federation, unions, human
rights groups, nuns, etc.
Bangin’ on …
• One tactic used was to get the issue of
decriminalising sex work on every possible
relevant agenda.
• Some issues with a profile in respect to sex
work- police raids, influx of students, youth,
migrant workers, violence, personal health,
public health, management bad practices,
occupational safety and health, employment
rights, taxation, and gangs.
• Worked ‘on’ government bureaucrats.
• Spoke to many diverse groups.
• Themes were often repetitive, and created
images that diminished the law.
Shifting Gear
• Debate was initially around the harshness and
stupidity of the law- the inequality between sex
worker and client.
• Human rights were always part of the agenda,
coupled with public health- including HIV
awareness and prevention.
• Having major women’s organisations, who
appeared conservative, on side certainly helped.
• Attitudes towards our point of view began to
change when there was broad based support.
• Police heirarchy changed their attitude as well.
• The political environment kept changing also
(and continues to do so).
25 June 2003- the Bill is passed by 1 vote.
60 for, 59 against, and 1 abstention.
Prostitution Reform Act 2003,
the aims of the Act
Street Sex work permitted anywhere
Sex workers can work in groups of up to
four without an operator’s certificate
Sex work venues
• Managed brothels/massage parlours,
or agencies;
• Independent private homes or
apartments;
• Street based, bogs, beats, cruise
clubs;
MOH posters
While the Prostitution Reform Act 2003 allows for
Brothels to be anywhere, some city councils
make hostile bylaws
Outstanding issues:
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Prostitution Law Review Committee.
Migrant workers.
Youth.
Research.
Stigma and discrimination.
Rights and responsibilities.
Attempts to recriminalise street based sex
workers.
The way forward …
Unprotected economics
Not going anywhere