REPRESSED IDENTITIES: SEX WORK IN THAILAND
Posted on : September 17, 2023Author : Ahana Roy
Abstract: Thailand’s tourism pull comes from the dual forces of its indigenous spirituality and thrilling nightlife. This unique duality, seemingly contradictory, has an intertwined history. Prostitution is the oldest profession in the world and Thailand’s reputation as the Prostitute’s Paradise is not a new phenomenon. However, the reality looks different, with the sex workers being denied legal work status. This article deals with the sex industry in Thailand, focussing on its evolution and the various religious, cultural, political and economic sanctions to it. Through a basic legal overview, it looks at the dynamics of the workers and the state in Thailand. Issues of violence, health concerns and lack of dignity of the workers have created a push for legalising the industry, however the pervasive human trafficking problem has been cited as reason by those against this move. The ongoing debate will unfold only with the stabling of the administration in the nation but the need for a more inclusive discourse acknowledging the voices of the sex workers is imperative.
Introduction
Krung Thep Maha Nakhon, known to the rest of the world as Bangkok, literally translates to ‘the great city of angels’. At first glance, its countless majestic monasteries, temples and palaces reaffirms the translation. But at nightfall, with the electrifying glow of neon lights, the city enlivens and reveals an ungodly look- however, angels abound, in their glittery dresses and high heels. Bangkok and other cities of Thailand are famous for their exhilarating nightlife and infamous for the sex industry that works in tandem with its spiritual tourism. With nightclubs, go-go bars and massage centres galore, the numerous Red Light Districts of Thailand form part of an illicit industry, simmering under the surface of the rich Thai culture. A contemporary growth of visibility of sex tourism has placed Thailand at the centre of the map, catering to a wide clientele of local Thai populace as well as Westerners. The industry makes a considerable contribution to the national GDP, although masked under the garb of revenue income from the tourism sector.
Historical Legacy
Prostitution, the oldest profession in the world, has a historical legacy in Thailand, beginning from at least the Ayuddhya period, when the king ran a monopoly in the capital and commercial sex was legal and taxed. The growth in coal mining and the surge in Chinese migration multiplied the business into other neighbouring parts of the country.[i] Under the Sakdina system of bondage and slavery, the selling of women into slavery and also to provide service at the houses of prostitution was common, where their pricing depended on the woman’s beauty and character. Men were allowed multiple wives including third-tier wives or slave mistresses (mia klang thasi) and hence the mistress culture, concubinage or the idea of a ‘professional girlfriend’ finds its roots in pre-modern Thailand. The Conscription Act came in the same year as the abolition of slavery by King Rama V which gave the newly free bondsmen the choice of serving in the military, whereas the women could neither join the army nor become monks, leading to a substantial number of former slave women joining the sex trade.[ii] In 1908, the Contagious Disease Prevention Act was passed, requiring prostitutes to register themselves.[iii] The period of the Cold War and especially the Vietnam war, fuelled the growth of harlotry under the so-called ‘Rest and Recreation Programme’ as US troops entered and set up military bases in Thailand.
Religious and Cultural Basis
The evolution of prostitution can in a way be seen as a sanction by the orthodox patrimonial religion, with Brahmanical Hindu religious ideas of supremacy of man over woman pervading Thai philosophy. The Buddhist belief system also provides justification for the practice as sending remittances home and supporting the family economically are seen as merit-making which could change people’s karma.[iv] The Thai matrilineal and matrilocal family structure puts responsibility on the daughter to care for parents in old age and for the economic maintenance of the household, and agricultural work by women in the earlier times to sex work in the present can be seen as a way to fulfil those responsibilities. The burgeoning tourism industry has contributed massively to Thailand’s economy and foreign exchange and brought about a new religion of consumerism, with sex tourism at the pinnacle, creating an increasing demand for women in the service sector.[v]
Legal Identity of Sex Workers
The zeal to modernize the nation and the growing concerns over the rise of HIV contractions slowing down the revenue making from sex tourism resulted in imposition of imported legal framework, such as the Suppression of Prostitution Act 1960, which declared prostitution illegal and punished sex workers more harshly than brothel owners, which was later replaced by the Prevention and Suppression of Prostitution Act 1996 which “Prohibits prostitution, both male and female, in public places and brothels…”. It defines ‘prostitution’ as,
“sexual intercourse, or any other act, or the commission of any other act in order to gratify the sexual desire of another person in a promiscuous manner in return for money or any other benefit, irrespective of whether the person who accepts the act and the person who commits the act are of the same sex or not.”
The ambiguous wording allows for room to manoeuvre and scope to bend the law, where massage parlors and bars can operate without being licensed. Buying drinks and flirtatious conversation occur within the premises while sex work transpires outside and regular payment in the form of bribes to the local police keep brothel owners informed of potential raids.[vi] Sex workers being caught at entertainment venues are mostly fined according to the whims of the police personnel, with their names figuring in the criminal records while migrants are detained.[vii] The criminalization of prostitution and the illegal status of the sex workers, however, pushes the flesh trade underground, making corruption more pervasive.[viii] The denial of worker status to the people involved in this field denies them a voice, obstructs their access to legal and social protections and makes them more vulnerable to violence. Even though a correct estimate of the number of sex workers in the country is impossible to arrive at due to the huge population of migrated and closeted labour, they have a discernible public presence and yet the policies and frameworks of the government invisibilizes them remaining indifferent to their concerns such as labour rights, occupational safety and sexual well-being.[ix] Sexual, physical, social and psychological violence are meted out in the form of refusal to use condoms by clients, assaults and gangrapes, debt bondage, verbal abuse, public harassment, violation of bodily integrity and control by pimps and police which threaten their health, financial security and life itself- with men, women and transgender (kathoey) sex workers facing different battles every day. These are however considered a normative facet of their illegal and ‘immoral’ profession.[x]
The extensive trafficking industry also functions in the shadows of the prostitution business where Thailand figures as a destination, origin as well as transit country. State officials, responsible for the protection of the vulnerable group are often enablers in the process of transfer of Burmese, Cambodian and Lao women across borders. Legislation on trafficking exists such as the Prevention and Suppression of Trafficking in Women and Children Act 1997 and the Anti-Trafficking in Persons Act 2008. Thailand also acceded to CEDAW in 1985, but a misidentification of voluntary sex workers during anti-trafficking raids can harm migrants on account of their doubly illegal status and result in deportation, back to situations of poverty.[xi] The agent-victim debate around prostitution centers around whether prostitution can be seen as work where various women’s rights movement regard it as dehumanizing and a form of exploitation. Conversely, in the face of faulty development policies causing widespread rural poverty, limited employment opportunities and women’s labor choices restricted to lowest paying jobs in factories and service sector, the decision to enter prostitution can be understood as a conscious and rational choice where women are active agents. However, the workings of the shady and corrupt industry might transform them into victims of the trade. NGOs and sex workers’ support groups have sprung up in the recent past, providing livelihood support, healthcare access and alternate employment options along with lobbying for positive legal and social changes, but their presence is mostly limited to the urban spaces such as Bangkok and Pattaya. Through unionization, and worker solidarity, the marginalized occupation could be given a more legitimate conduit of expression of their grievances.
Thousands of sex workers live without social security such as maternity leave and basic welfare benefits in the form of adequate working and living conditions because of their existence outside the formal economic sector. This structure has been kept in place through interrelated elements of moralistic societal discrimination and negative portrayal of sex workers in the media.
However, from the beginning of this decade, there has been a significant push towards legalizing prostitution, with the Empower Foundation launching a petition calling for decriminalization in 2020.[xii] The primary opposition- the Move Forward Party, which managed to win most seats in the May 2023 general elections had submitted a first draft proposal to the Ministry of Social Development and Human Security in November 2022, leading to the creation of the Protection of Sex Work bill.[xiii] The Department of Women’s Affairs and Family Development along with other NGOs and support groups such as SWING have spearheaded this effort. While opponents have voiced their concerns about how legalizing could make the operation of sex trafficking networks smoother and more rampant while allowing middlemen to exploit sex workers with greater ease, the passage of this bill could also offer respite to sex workers who carry out their profession in constant fear of state repression. The chances of the bill becoming a law now depends on the initiative and political will of the new administration, one that has finally come into being with the election of Srettha Thavisin of the populist Pheu Thai Party as the Prime Minister after a three-month deadlock.[xiv]
Conclusion
The issue of prostitution is a sensitive one that borders on competing conceptions and discourses of modernity and tradition, reality and denial, state and individual autonomy and masculinity and femininity that shapes national identity. The Thai state tries to exert its control on bodies and its cultural, political and economic connotations through its laws and policies by maintaining a delicate balance between the desire to be seen as modern, yet preserving its historic social fabric and rising economy from the tourism sector. Sex workers need to be given a public space and a voice which could fundamentally alter the dichotomous way they are looked at- innocent victims in need of protection or viscous and cunning gold diggers, finding an easy way out of their mediocre lives. The global economy as well as the nation state owes them that much and more.
Ahana Roy
Intern, Asia in Global Affairs
[i] Neuman, “Female Prostitution in Thailand.”[ii] Chia, “Rethinking Thai Sex Work.”
[iii] Podhisita et al., “Socio-Cultural Context of Commercial Sex Workers in Thailand.”
[iv] Ghosh, “Prostitution in Thailand.”
[v] Mensendiek, “Women, Migration and Prostitution in Thailand.”
[vi] Neuman, “Female Prostitution in Thailand.”
[vii] Chaiyong, “Age-Old Debate on the World’s Oldest Profession.”
[viii] Napatanapong and Saowakhon, “Thailand Should Legalise Prostitution.”
[ix] Laikram and Pathak, “Legal Implications of Being a Prostitute Amid COVID-19.”
[x] Ratinthorn, Meleis, and Sindhu, “Trapped in Circle of Threats.”
[xi] Villar, “Unacceptable Forms of Work in the Thai Sex and Entertainment Industry.”
[xii] Thomson Reuters Foundation, “Sex Workers Petition to Decriminalise Prostitution.”
[xiii] Oon, “Thailand’s New Draft Law Could Mean Better Safety for Sex Workers.”
[xiv] Regan, “Thailand Has a New Leader but It’s Not the One Most People Voted for. Here’s Why.”
References
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Regan, Helen. “Thailand Has a New Leader but It’s Not the One Most People Voted for. Here’s Why.” CNN, August 23, 2023. https://www.cnn.com/2023/08/23/asia/thailand-explainer-election-prime-minister-intl-hnk/index.html.
Thomson Reuters Foundation. “Sex Workers Petition to Decriminalise Prostitution.” Bangkok Post. Accessed August 30, 2023. https://www.bangkokpost.com/thailand/general/1989843/sex-workers-petition-to-decriminalise-prostitution.
Villar, Leo Bernardo. “Unacceptable Forms of Work in the Thai Sex and Entertainment Industry.” Anti-Trafficking Review, no. 12 (April 2, 2019): 108–26. https://doi.org/10.14197/atr.201219127.
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