The Service Workers in Group (Swing) Foundation has called for an investigation into the treatment of 25 sex workers arrested in Pattaya and urged the decriminalisation of consensual sex work to protect their rights.
Swing raised the issue during a recent consultation on revising the Prevention and Suppression of Prostitution Act 1996, organised by the Ministry of Social Development and Human Security at Chulalongkorn University.
The group focused on the Aug 29 arrests in Pattaya, shortly before the crew of the USS Abraham Lincoln arrived in the city. The operation involved Pattaya police, patrol officers, Tourist Police, Chon Buri immigration officers and provincial social development officers.
Twenty-five people — 18 Thais, five Laotians and two Ugandans — were arrested for allegedly soliciting or loitering to sell sex.
Swing director Surang Janyam said the arrests reflected a recurring practice during major events, when sex workers were removed from public spaces to project a “clean” image of Thailand.
“They do not respect sex workers as human beings, yet they eagerly welcome the revenue generated when US military personnel arrive. They expect the money but fail to protect or respect the people who earn it,” she said.
The foundation also raised concerns over the collection of fines. Anna, a Swing human rights counsellor, said the fines were 500 baht for Thai workers and 1,000 baht for foreigners and were collected in cash.
After payment, officers used a whiteboard marker to write a Thai letter on the workers’ hands to indicate that they had paid their fines.
“Such marking is a human rights violation,” Anna said.
Swing reported the incident to the National Human Rights Commission (NHRC), which requested reports from the ministry and police. Ms Surang said neither agency had responded to the NHRC’s request at the time of the consultation.
Prof Chalidaporn Songsamphan, Swing president and a Thammasat University political science lecturer, said the incident illustrated wider concerns about the treatment of sex workers under the law.
She said the 1996 Act does not explicitly prohibit sex work in its entirety.
Section 5 prohibits soliciting or openly approaching people for prostitution in public places in a manner that causes a nuisance, while Section 7 prohibits advertising or soliciting prostitution through documents, printed materials or other means.
She said enforcement could nevertheless expose sex workers to discrimination and alleged abuses of legal powers.
She cited reports of transgender sex workers being fined for carrying condoms, which officers treated as evidence of an intention to engage in prostitution.
Such practices, she said, could undermine public health campaigns promoting condom use and preventing sexually transmitted infections.
She also cited a reported case in which a transgender sex worker was sexually assaulted by customers but was refused a police complaint because officers questioned whether a sex worker could be raped.
“State authorities remain passive even when sex workers suffer violence or are killed by customers,” she said. “When workers attempt to file reports at police stations, officers dismiss them by citing their involvement in illegal work.”
Swing is calling for the repeal of the 1996 Act and the decriminalisation of consensual sex work, while retaining separate laws dealing with human trafficking and child abuse.
Anekchai Rueangrattanakorn, adviser to the social development and human security minister, said the legislation had governed prostitution-related activities for nearly three decades but was now being reviewed in light of social and economic changes and developments in labour and human rights.
He said civil society and sex-worker groups had called for consensual sex work to be decriminalised, arguing that criminalisation could contribute to stigma and discrimination and restrict access to labour rights and legal protection.
“The ministry is currently reviewing and revising the legislation, with an emphasis on promoting and protecting the rights of sex workers,” Mr Anekchai said.
He added the ministry would examine the allegations raised during the consultation, including photographs submitted by civil society groups.