Sex workers on Top of the Law

Coming TogetherThe 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 groups- YWCA, 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:• 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