POLICY PAPER created
by
Jury Kalikov
International Policy Fellowship Program of Central European University
Director of AIDS Information and Support Center, Tallinn, ESTONIA
project coordinator of following projects:
Meretäht -
Seastar 1
– HIV/AIDS, STD Prevention Among Sex workers in Crossing Border Regions;
Training
and Capacity against Trafficking in Women and Girls in the Baltic Sea
Region;
Harm
Reduction Program Among Sex Workers – Intravenous Drug Users”
Meretäht-Seastar
2 - HIV/STI Prevention Among Sex Workers"
"PPAT
ESTONIA - Prevention of adolescents trafficking"
Research project goals were follows:
- MAPPING SITUATION WITH PROSTITUTION
IN ESTONIA, LATVIA AND LITHUANIA
- COLLECTING AND ANALYSING DATA
BASE COLLECTED
- COMPARATIVE ANALYSES OF THE
SITUATION DURING LAST 10 YEARS IN ALL BALTIC STATES including STI situation
in field of sex work; HIV epidemic influence on situation in prostitution; human rights and gender situation regarding sex work and
trafficking of women; legal situation
with sex work in Baltic Sates in frame of enlargement process of European
Union
- PREPARATION AND PUBLISHING ON
ESTONIAN LANGUAGE THE RESEARCH BOOK “PROSTITUTION IN ESTONIA, LATVIA
AND LITHUANIA”
- WORKING OUT FEASIBLE RECOMMENDATIONS FOR ACTION IN IMPLEMENTATION
AND EVALUATION OF POLICY REGARDING PROSTITUTION
Scope
of the problem and main findings:
- In all three
states historical background of prostitution and general socioeconomic
preconditions and demographic characteristics of the women and men, involved
in the sex trade and working abroad, are comparatively similar.
- Situation in
all three countries regarding status of country of origin, destination
or transit of women involved in prostitution various remarkably. From
comparatively big part of SW in Lithuania, who were coming to Lithuania
with the aim of work in local sex business and through Lithuania go for
sex work abroad (by some researches 20-25% of SW); to Estonian situation
where is the country acts mostly like country of origin of SW. At the same
time in all three countries was overviewed the process of inside migration
of SW from country side and smaller cities to bigger cities and capital.
- In Latvia, Estonia
and Lithuania general background work for policy activities implementation,
like scientific estimation of the number of risk groups, including
sex workers, drug addicts, MSM is on weak level, mostly implemented
through the small researches of NGOs with using different and often not
comparative methodic. For example in Latvia estimated number
of sex workers various due to statistics of Narcotics Office of the Criminal
Police Board of the National Police between 2.500 and
3000 SW, due to GENDERS
center specialists estimation- about 10.000-15.000 SW and due to others resources - estimated number of 35.000
SW.
- Regarding structural
body of prostitution, organization and involvement of sex work main findings
shows that prostitution in all three countries is clearly part of organized
crime. All possible kinds of sex work are introduced on field of sexual
services in those countries: brothels, clubs prostitution; hidden kinds
of prostitution in hotels, striptease clubs and saunas, massage parlors;
individual prostitution through Internet; street prostitution (with exception
of Estonia, where street prostitution is not exist like phenomena); call
girls; escort services; male prostitution.
- Legal situation
with prostitution and trafficking of women in Estonia, Latvia and Lithuania
concerning laws and regulations by the state institutions is different.
In Lithuania prostitution is criminalized in the way of punishing women
involved in sex business by administrative fees. In Latvia in 2000 the
Regulations For Limiting Prostitution were introduced and come into the
force accepted by Cabinet of Ministries, those regulations partly legalized
prostitution mainly street prostitution. In latvia by the Ministry of Interior
was elaborated a program
to limit and control prostitution. In Estonia laws prostitution is introduced
in "gray" scale. It is no acts of criminalization, but also no legalization
laws in Criminal Code. Only Latvia and Lithuania have the paragraphs
concerning trafficking of women. Laws and regulations about pimping,
organizing the brothels, mediating prostitution are comparatively same
in all three countries.
- In social and
medical assistance field the role of NGOs is significant in all three
countries. In every country it is only one NGO which works with prostitutes
and provide different medical and social assistance. In Lithuania it
is Social Ailments Consultation Site “DEMETRA”, methodologically
and financially strongly supported by the governmental Lithuanian AIDS
Center. Support of "DEMETRA", working mostly with street prostitutes and
drug addicts, is part of state AIDS Prevention Program. Even the proper
work of the center is developed using coo financing through international
donors and funds. In Estonia it is NGO AIDS Information & Support
Center, which was implemented different projects for SW from the year 1996
and works still only with the help of international donors and programs.
Even the work with risk groups such as SW is part of Estonian AIDS Prevention
Program, state AIDS Prevention Center was able to help in implementation
of services only by methodological way due the constant underfinancing of
AIDS prevention program in last several years. Only on level of Tallinns City Government
attempts of creating some services for SW were undertaken. In Latvia it is NGO Latvian Center for Gender Studies
“GENDERS” who implemented
several projects among SW with general financial support from abroad.
- The attitudes
of the society regarding sex work and prostitution where generally changed
during 90s. For creation of conditions
for the empowerment of SW, reduction of discriminatory attitudes and stigmatization
of SW special attention paid and a lot of measures was undertaken mostly
by NGOs for working with mass media: newspapers, TV/radio, Internet.
The stigmatization of SW,
humiliation of their civil rights, dignity, safety and confidentiality
lack of services, sometimes ignorance regarding socioeconomic position,
health and possibilities for rehabilitation are still widespread in our
societies.
Keyholders for the recommendations:
Ministries of Social Affairs, National AIDS committees, National
AIDS Prevention Centers, Departments of Health of Tallinn, Riga and Vilnius,
local city governments, NGOs working with sex workers, Police departments,
Ministries of Internal Affairs, Interpol
Summary of policy recommendations
- To implement
common scientific research about estimation of risk groups such as SW
in Latvia, Lithuania and Estonia in 2004 using collaboration of AIDS
Prevention Centers of three countries, modern methods of estimation,
elaborated by specialists of Family Health International, and like option
for consideration - applying funding both from state AIDS Prevention programs
and Task Force. In Estonia to take as possible option using the grant,
received from Global Fund Against AIDS, Tuberculosis and Malaria, this
was adviced also by WHO comission site visit report in december 2002.
- To introduce and develop an effective and realistic model
of multifaceted prevention strategies based on non-discriminatory policies
and to promote those prevention policies in co-operation with local governmental
and non-governmental health and social services, using experience of other
Baltic countries
- To use international networks experience for developing
a common quality standards of HIV/STD intervention among SW which could
be applied in other countries of the region, providing culturally and
linguistically appropriated services for SW, using cultural mediators.
- To NGOs in collaboration with state institutions create
conditions for the empowerment of SW (support of shelters in Latvia and
Lithuania for trafficked women, in Estonia Drop-in center for SW), applying
financing both from AIDS Prevention programs and local City governments;
- Reduction of discriminatory attitudes and stigmatization
of SW paying special attention for working with mass media: newspapers,
TV/radio, Internet; systematic "watch-dog" approach of NGOs dealing with
SW. The aim of these activities is to guarantee strong commitment for
promotion of prostitution policies, based on principles of treating the
sex workers with respect, dignity and confidentiality and to promote their
health, safety and civil rights.
- To continue to gather quantitative and qualitative data
concerning phenomenon of sex work, prostitution and trafficking, its different
forms, its transformation and its impact on the territory. For this
purposes to achieve that in all three countries the web pages concerning
sex work and trafficking issues were created on basis of main NGO-s, working
on the field. Option for consideration - funding from Family Health International
or other international funds.
Some specific policy recommendations:
Estonia
- To take immediate
measures to find financial support through the state AIDS Prevention
Program for the projects among sex workers - Ministry of Social Affairs,
Health Education Center, National AIDS Committee.
- To recommend
not to legalize prostitution at the nearest years - Estonian Parliament,
Tallinn City government
- To introduce
for the Parliament law against trafficking of human beings, to adopt international
conventions against trafficking, undersigned by the state among state
law system - NGOs, Ministry of Social Affairs, NGOs, Legal Human Rights
Center
- To find compromise
between the basic right of freedom of expression in mass media,
radio, TV, Internet and the moral code and professional ethics
of unions journalists, editors of advertising magazines and newspapers,
Internet service providers.
- To improve access
of NGOs to programs of social assistance for risk groups of Tallinns
Department of Health Care, making the process of participation more open
and less burocratic. - Tallinns Department of Health, Tallinn City Government
Latvia
To force implementing of Program to limit and control prostitution,
especially following parts
of that:
- making sure
that medical institutions engage in preventive care and issue health
cards to all SW (option for consideration - to provide services not
only for registered SW);
- ensuring social
rehabilitation for minor prostitutes;
- reopening special
institutions (option for consideration - from AIDS Prevention programm or
by Riga City Government start financial support for the only existing shelter
in Latvia for trafficked women in GENDERS Center);
- updating laws
and regulations on social rehabilitation programs;
- improve cooperation
among social aid services and NGO’s;
- providing
shelter and rehabilitation of HIV-infected former SW and those who are
suffering from AIDS.
To improve existing
regulation on prostitution - Ministry of Welfare, National Police,
Cabinet of Ministries,
Human Rights organizations. Options for consideration:
- To exclude from Regulations For Limiting Prostitution paragraph Nr 9 "Persons in
whose blood antibodies to the HIV virus have been
specified or with respect to whom the diagnosis of AIDS has been determined
shall thereafter be forbidden to engage in prostitution", which put
whole responcibility for spreading of HIV on sex workers (and exclude responcibility
of clients) and made questionnable the guarantees of confidentiality
of implemented services; also makes possible discrimination and stigmatization of
SW on the base of their HIV status.
- To exclude from
the Program to limit and control prostitution following paragraph - "Informing the national
police about every
prostitute who has become infected with a disease that is on a list of
diseases prepared by the Ministry of Welfare" which has given a wide opportunity to
break the rules of anonymity and confidentiality of diagnosis and treatment.
-
Lithuania
- To recommend
open more special centers providing services for SW (till that moment it
is only one in Lithuania) closer to location of their working, to implement
more widely the local network of programm for SW (at the moment only in
capital and Kaunas) - AIDS Prevention Center, National AIDS Prevention
Program
- To organize special
programs for clients of prostitution (for example truck drivers), mediators
(pimps) and agencies which deals with prostitution through their job
(police, boarder guards), providing them special information - leaflets,
stickers, brochures - Social Ailments Consultation Site
“DEMETRA”; AIDS Prevention
program
- To recommend not
to legalize prostitution at the nearest years - Lithuanian Parliament,
Vilnius City government
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