Myanmar’s 70-year-old antiquated prostitution law has been desperately called for amendment from sex worker community and NGOs. 

Under the law, woman is the specific gender that being targeted, and women who are prostitutes or pimps will be criminalised and facing up to 3-years sentence in prison. 

Even though 1949 act does not target male and transgender prostitution, section 377 of the Penal Code prohibits sodomy, whether heterosexual or homosexual, which impose threat to male sex workers, who might face from ten years to life imprisonment, although the las has not been strictly enforced. 

Kyaw Zayar Swe, the project manager of the network Sex Workers in Myanmar (SWIM) expressed his concern over the oppression and exploitation the law has brought to sex workers so far.

‘There are other NGOs who are working on HIV issues and peer-led HIV interventions of sex workers, but we prioritise the amendment of current law and policy, that’s the most important thing.’, Kyaw Zayar Swe said.

As a sex worker himself, Kyaw Zayar Swe has been advocating for amendment of 1949 Act in order to free sex workers from being discriminated and exploited by society.

He said the criminalised nature of the law leaves sex workers very vulnerable with police, clients, and society.

‘Pimps would always take advantage of the law because they know the sex work itself is illegal. So, they would take half of the money every time we get paid from client.’, said Khin Nyein New, one of the members in SWIM, who is a sex worker as well.

‘They (pimps) also wouldn’t allow us get sexual health check or health service in hospital, they wouldn’t let us leave the house if they find out we are going to the hospital.’, said Khin Nyein New.

Sex workers are also pressured from other institution such as police department. For instance, police informants act like police and involved with violence, negotiate for sex without condom. Sex workers have also experienced the same from others law informant authorities or departments too.

Kaythi, the founder of Aye Myanmar Association (AMA) said those informants and authority often threaten sex workers that as sex workers are, as illegally in Myanmar, doing sex work For those AMA is working to end violence against sex workers and to get access to justice as well as  access to sexual health services including HIV/SIT prevention and treatment in partnership with relevant departments/organizations.

SWIM has been keen to push the agenda of amendment of the prostitution law, and some progress have been made.

In response of the advocacy from NGOs such as SWIM, the government has made a drafted bill on prostitution in order to protect sex workers. The handling of the prostitution case has also been moved from the Ministry of Home Affairs to the Ministry of Social Welfare, in which sex workers will be better dealt with in a humane way.

Even though the illegal nature of sex work will not change in the drafted law, a more lenient measure of punishment towards sex workers has been adapted, Kyaw Zayar Swe said.

‘In the drafted law, for the first time (sex workers) arrested, you sign and you can leave; for the second time, you have to pay the fine from 10000 to 15000 Kyat and then you can leave; for the third time you will be sent to an educational centre; for the fourth time you will be sentenced to prison, but the duration is shorter than the 1949 act required.’, said Kyaw Zayar Swe.

There is also concern that the upcoming general election in 2020 would delay the onward movement of the bill.
Kaythi expressed her concern over the modified bill that whether the government has collected the information that representative enough of sex workers’ voices.

‘I mean, how many sex workers have they (government) talk to? How many sex workers have they engaged? A small amount of sex workers, like, two of them can’t represent the sex worker community wise.’ Kaythi said, explaining that sex workers, especially those at ‘ground level’ who are socially and financially disadvantaged are hard to be reached out.

Kaythi emphasized that only when the sex work is decriminalised will sex workers be truly protected. She said:
‘People only see them doing sex work, selling their bodies. What they don’t see is that they earn the money by themselves to support their families, to support their children’ education, to support their parents. People need to recognise sex work as a kind of profession, it is just like another normal job.’