Midnight Blue Statement on World AIDS Day 2016

Dec 1, 2016

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Midnight Blue is a non-government organization supporting male and transgender sex workers in Hong Kong. Affirming sex work as work, we have been a sustained advocate of decriminalizing sex work. We believe that decriminalization is the best way to ensure occupational safety of the community.

 

There is no high-risk group, but only high-risk behavior

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Sex workers are frequently labeled by society as a major group responsible for HIV transmission, despite the fact that they care about their job safety as much as people working in other industries.

 

As a proven method to prevent the transmission of HIV and other STDs, condoms are an indispensable tool for sex workers to protect themselves at work. And yet, in 2016 the police repeatedly seized condoms during raids on local massage parlors and used them as evidence of “keeping a vice establishment” (see our legal guide). This unreasonable practice has put sex workers in constant fear and anxiety, forcing them to clear their workplace of all safe sex resources and work under “condomless”, high-risk conditions.

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Another five years, and nothing has changed

 

The Hong Kong Advisory Council on AIDS (HKACA) is currently seeking public opinion on its HIV/AIDS Strategies for 2017-2021. Although we have diligently worked with other NGOs in the past to advocate putting an end to the use of condom as incriminating evidence, and to urge HKACA to make the same demand on the police force, the Council continues to ignore our calls for a more active stance, allowing the situation to worsen in effect. It is rather ironic and self-defeating that HKACA stresses the importance of safe sex and HIV prevention work when apparently it lacks the conviction to confront the police with their risk-inducing practice. The result is nothing more than a tacit acceptance of the status quo, which makes it even more difficult for NGOs to intervene and give sex workers the support they need.

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In its public consultation paper, all HKACA says about the matter is that NGOs and the police should continue to utilize existing channels for mutual communication. There is no mention of whether HKACA would take up a more pro-active position in relation to abolishing the use of condoms as evidence. Indeed, we are deeply disappointed with the Council’s apathy and inaction, as we believe it is well-positioned to advise or even exert a positive influence on police practices and the guidelines they are subject to. Still, we are determined more than ever in our fight for change – through policy advocacy, social action and public education.

 

It goes without saying that our call for total decriminalization persists. Only by lifting all legal restrictions can society begin to affirm the contributions of sex workers, liberate them from years of stigma, and forge a safe and sane environment for their work. If the law continues to drive them underground, NGOs like us can never effectively reach out to the community to raise HIV/AIDS awareness.

 

In the past, we have tried various means to urge the police to stop using condoms as evidence, including meeting them to have a direct conversation. Over and over again, we were ignored. We hereby call on HKACA to truly uphold its mission, declare its position on the use of condoms as evidence, and muster up the conviction to engage the police force in a productive discussion geared towards abolishing this outrageous practice. We also call on the Council to be a vocal supporter of decriminalizing sex work and take the lead in our battle against discrimination and stigmatization.

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