As Thailand’s government considers incorporating the world’s oldest profession into the formal system, activists argue that decriminalizing sex work would offer better protection and benefits for sex workers. Controversy surrounds Prime Minister Paetongtarn Shinawatra’s proposal to create an entertainment complex to regulate underground businesses, including sex work, aiming to integrate them into the formal economy and subject them to taxation. The long-term plan is to use the generated revenue to fund welfare programs in education, public health, and infrastructure, as well as subsidize basic living expenses for the public. Related laws will be updated accordingly.
Surang Janyam, director of the SWING organization advocating for sex workers’ rights, emphasized the importance of decriminalizing sex work. According to data collected by her organization, many sex workers want to be included in the system and pay taxes, especially considering the hardships they faced during the COVID-19 pandemic.
“During Covid, many sex workers were left without compensation or welfare due to lack of business. More than 50% of the 500 sex workers we spoke to expressed a desire to be part of the labor system and pay taxes. Even brothel owners agree as it would provide them with legal protection and reduce the many under-the-table payments they need to make,” Surang said.
A focus group conducted with 20 establishments in Pattaya showed unanimous support for formalizing the profession, with businesses willing to pay taxes if they received benefits and protection in return. Surang noted that once sex work is no longer a crime, workers can be included in labor laws and granted rights and protection like other professions. She clarified that it’s not about “legalizing” the profession with new laws but rather abolishing laws that criminalize it.
“As soon as it’s no longer a crime, sex workers can receive labor law protection like any other profession,” she said. Concerns that decriminalizing sex work would worsen child exploitation and human trafficking were addressed by Surang, who pointed out that there are already sufficient laws to tackle these issues.
Participation in the formal system should be voluntary, according to Surang. “The system does not mean registration or zoning; it means labor protection. If some aren’t ready to join the system, that’s fine, but the law won’t protect them either,” she said. Freelance sex workers could be treated like other self-employed persons or small business owners, paying taxes based on their income.
“What’s important is for Thailand to recognize this profession as legitimate, so workers can receive equal protection,” she added. While some suggest creating designated red-light districts like in Amsterdam, Surang argued that zoning would further marginalize workers outside these areas. Instead, decriminalizing across the board would allow sex work to be conducted legally anywhere.
However, one significant obstacle remains – public perception. The morality debate has long hindered progress, with many viewing sex work as immoral. Surang highlighted that morality is subjective and often used to sidestep addressing the economic challenges faced by sex workers.
“Everyone measures morality by their standards. But the real issue is that people need jobs and income. We keep using morality as an excuse to avoid addressing the root of the problem,” she concluded.
Author: Mr. KC Cuijpers
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