“Thailand is renowned for its sex industry, yet the country maintains a hypocritical stance towards it,” Weerawit Kreuasombat, President of the Patong Entertainment Business Association (PEBA) told The Phuket News.
“Patpong [in Bangkok], Pattaya and Patong are well known among tourists for the sex industry. Thai government officials and police acknowledge the activities, but choose to keep quiet,” Mr Weerawit added.
The legalisation of sex work gained momentum last October when former Prime Minister Srettha Thavisin pledged to push to pass three bills, including legalising prostitution by amending the 1996 Act on illegal prostitution suppression and prevention.
The other two laws promised to be introduced were the ‘Marriage Equality Law’, passed by the Senate on June 18, and a recognition bill to allow transgender people to amend their gender marker in their official identity documents, yet to be ratified.
Since then, however, discussion on the issue has fallen silent. Paetongtarn Shinawatra, who at 37 years old was last Friday (Aug 16) selected as the 31st Prime Minister of Thailand, has yet to announce her policy on the issue of making sex work legal. Ms Paetongtarn was last in Phuket to join the Pride parade in Patong in June.
Mr Weerawit said “legalising sex work made plain sense. In addition to the obvious economic benefit and making sex trade earnings a taxabale income, legalising sex work would absolutely bring a positive effect, especially in terms of safety and protection for sex workers and for customers”, he said.
“The world keeps changing and developing, so we need to change. We cannot stay quiet like before. We know Thailand is a Buddhist country but we need to change our perspective toward the future,” he added.
If made legal, venues providing sex workers would be regulated and contained to specific areas, Mr Weerawit noted.
“The work and conditions would be open to inspection by a range of government offices providing services, including health checks, and just like the entertainment zones for venues allowed to remain open until 4am, we can make sure that no such venues are near schools or temples,” he explained.
SAFE SEX
Mr Weerwait was adamant that the greatest effect of legalising sex work would be the greater awareness of sexually transmitted diseases (STDs) and making sure venue operators and sex workers were aware of prevention and treatment options available.
“The PEBA already visits bar owners and operators to call on them to have sex workers receive health checks. If ‘sex work zones’ are created, we can make sure that all sex workers receive free health checks every month,” Mr Weerawit explained.
Patong Mayor Chalermsak Maneesri, and his sister Deputy Mayor Lalita, both agreed that health issues were their greatest concern.
Patong Mayor Chalermsak told The Phuket News, “I believe legalisation would lead to better control and safety for both sex workers and tourists. It will help track and elevate safety and security and bring more sex workers into the system for proper health checks and protection measures.”
For Deputy Mayor Lalita, curtailing the risk of serious diseases was top priority. “In 2022 there were 5,542 known HIV cases in Phuket, with 714 in Patong. In 2023, that number grew to 5,922 cases in Phuket, with 785 in Patong. This year there are 6,283 known HIV cases in Phuket, with 822 in Patong,” she said.
“Seeing these numbers constantly increasing makes me worry,” Deputy Mayor Lalita added.
Local government health officials are aware of the number of infections, but do not publicly publish them, she noted.
Both Mayor Chalermsak and Deputy Mayor Lalita are aware of the issues, including the stigma, lack of access to healthcare, and the challenges sex workers face in seeking help from government services.
“The challenge with sex worker groups is that they often feel uncomfortable or embarrassed seeking help from government agencies and instead prefer support from NGOs,” Deputy Mayor Lalita told The Phuket News.
“Additionally, when the Phuket Public Health Office [PPHO] visits areas where sex workers are present, neighbours may become curious and question what’s happening, which can cause further discomfort for the sex workers. Consequently, a sensitive and careful approach is needed to engage with these groups effectively.” she added.
Mayor Chalermsak argued, “The problem is that in the past, disease control was better managed when people worked under stricter bar regulations. Each bar was responsible for controlling diseases and ensuring no infections or viruses were present. Nowadays, sex work is more accessible, and more people can work in the industry freely without oversight from bar owners.”
ROLE OF NGOs
Deputy Mayor Lalita told The Phuket News, “So far, from my observation, sex worker groups prefer NGOs over PPHO or government services. NGOs are more understanding, know how to approach this group, and receive good training and processes. Currently, government service providers are often inexperienced, with a low level of understanding of the issues. They need better training and clear guidelines to effectively serve this community.
“The government should begin by training their organisational teams and establishing a dedicated department to support and oversee sex workers. It’s essential for the government to understand how and where to access these communities, ensuring the protection of their information while building trust in the system.Instead of waiting for sex workers to come forward, the government should proactively reach out,” she said.
"I think sex workers should be able to access support without intermediaries or fear of judgement. Legalising sex work is important, but building trust in government services is even more crucial. The government needs to ensure that information is kept safe and secure, protect privacy, and maintain confidentiality in the services provided,” Ms Lalita added.
EXPLOITATION
“I am not worried about people who work directly for the bar owners. Instead, I worry about the number of freelance sex workers who walk on the street and approach the tourists,” Deputy Mayor Lalita said.
“This gap in legal control creates opportunities for exploitation, with some individuals taking advantage of the situation or sex workers themselves seeking to benefit from tourists. Legalising sex work in Thailand could improve regulation, allowing for better tracking and oversight. This would enhance safety and security for both tourists and those using these services,” she added.
“I’m also increasingly concerned about young teenagers entering the sex industry voluntarily, and there are more than in the past,” Ms Lalita said.
Mayor Chalermsak pointed out, “Sex workers are now more accessible and their reasons for entering the industry have changed. Unlike in the past, where financial difficulties or family burdens were common factors, today many sex workers are drawn to the profession by the potential for high income and other benefits."
Patong Police Chief Chalermchai Hersawat pointed out that his officers were focusing their efforts on protection of minors, as evidenced by the spate of raids and arrests earlier this year that saw the bar owners and operators arrested and fined for having minors working in venues where ‘physical services’ were provided.
The heightened focus followed A special operations team from the Department of Provincial Administration (DOPA) raiding the Velvet bar off Bangla Rd in March last year where two women were charged with sex trafficking underage prostitutes, the youngest of whom was 15 years old.
WELCOME MOVE
Khun A, a 23-year-old sex worker in the Phunphol area in Phuket Town, welcomed the move of finally becoming legal.
“Legalisation would significantly improve the situation, particularly in terms of healthcare. Currently, I pay B1,000 per month for necessary health checks. Legal status would allow me access to public healthcare comfortably, and ensure regular blood tests and PV exams [pelvic examinations] without the high costs,” she said.
Khun B, a 31-year-old sex worker also in Phunphol agreed. “Legalisation sex worker could reduce rape cases by providing a legal outlet for desires, thus protecting both sex workers and the general public.”
Khun C, a 28-year-old sex worker in Patong, argued ”Legalisation would guarantee improved health services and safety measures. In Patong, where I work more independently, the risks are higher. It’s disheartening to enter a government hospital and admit that I work as a sex worker. Legalisation of sex work would ensure these issues are addressed more seriously,” she believes.
All three agreed that being legally able to provide sex services would also be physically much safer. By working for a bar or other venue, better protection from customers would be guaranteed by the venue operator.