Rights
Column
Sex
traders: Stigmatised sections of the society
Sultana
Razia
To
provide an opportunity to discuss the plight of women
and children involved in sex trade with the objective
of raising awareness and formulating a set of recommendations
an international conference on " Establishing Human
Rights, Protecting the Stigmatized: Women in Sex Trade,
their Children and the Exploited Minors" were held
in city (02-04May 2005). A human rights report on sex
workers and their children in Bangladesh was launched
on that occasion. The programme was organised by Terre
des hommes Italia in association with Aparajeyo Bangladesh
and Jagarani Chakra.
Participation
from the policymakers to civil societies strengthen the
objectives of the conference and their valued opinion
echoed the urgency to change our attitude towards them.
The
Honourable Minister of Law, Justice and Parliament Affairs,
Barrister Moudud Ahmed acknowledged the role of the Government
in facilitating the challenges relating to changing attitudes
at a local level. Moreover he also joined the common chorus
calling for change and the acknowledgement of the will
to do so.
The
conference had the privilege of enjoying the participation
of a large number of brothel and floating sex workers
and transgenders.
In
our country there are 14 brothels and 4192 women and children
in sex trade and among them 1492 children work as sex
worker.
From
a survey conducted in Jamalpur and Jessore it was found
that in 40.9 % case trafficking is the reason behind involving
in the profession.
In
a recent research of Terre des hommes Italia narrated
that sex workers started to come to this profession below
the age of 18 and the young workers have to work as bonded
labour, popularly known as Chukri. They were in the most
vulnerable condition. They were treated as slaves sometimes
and had no human rights. They had to confine themselves
to the brothel and they could not enjoy even the right
to freedom.
Sex
workers do not enjoy fundamental rights and the status
of the transgenders is even more vulnerable. Moreover
they are not treated as citizens and cannot even vote
. None of the sex workers are allowed to travel outside
the country because passports are not issued to them.
Police
plays an important role in the brothel. The names of the
sex workers are registered in the local police stations
and police exploit them most of the times.
The
sufferings of the floating sex workers are more than those
who are in brothels. Using the section 54, of the Criminal
Procedure Code and some other sections of Dhaka Metropolitan
Police ordinance police arrest them and in exchange of
money they freed themselves. Though as a profession their
income is more than others but after distribution of money
to the local pimps, police and sometimes their owners
have little in their hands.
The
social status of sex workers in Bengali society is considered
so low, that it was said that they were not allowed to
wear shoes or sandals outside the brothel. Even death
fails to end their misery. Regardless of whether prostitute
is Hindu, Muslim or Christian, she is denied basic funeral
rites.
<>Recommendations<>
The conference was finalised set of recommendations. These
are:
*Persons in sex- work should be treated as human beings
and accorded all human rights as citizens of Bangladesh
*The word ' potita' should be erased from documents and
official languages
*Vabagure Ashray Kendra (Vagrant centres) should not be
used for sex-workers as they are abused in such centres
(kendras).
*Capacity building of all stakeholders should be done
by the national networks of sex- workers with implementing
NGOs.
*Capacity building and counselling of sex workers should
also be undertaken to help sex-workers to negotiate with
mainstream
*A government resolution to stop violence by the police
should be issued by the authorities
*Specific retirement schemes for older sex-workers should
be undertaken to stop the women from using young girls
as their retirement plan
*Burial rights and 'janaga'(rituals) should be accorded
to all sex workers
*Mothers' name should be legally valid as fathers' name
*Sex- workers' children should have equal rights for admission
in government and public schools
*Health officials should be directed by the government
resolution to issue letters to all sex- workers for free
and equal treatment at the government facilities
*There should be specific reservation seats(quota) for
children of sex- workers in government facilities
Bangladeshi
laws are enough and adequate for the protection of sex
workers but the problem is our poor enforcement mechanism.
In
a recent ruling, the Bangladesh High Court said: "The
right to livelihood of sex workers is enforceable as a
fundamental right." The judgement was welcomed by
human rights activists and lawyers and it made Bangladesh
one of the few Islamic countries which do not ban prostitution.
But the decision is now pending in the Supreme Court.
In
this trade children are being used are treated as bonded
labour.
*To avoid underage children in brothels-
*Criminalise brothel owners for using
*Criminalise client for using
*Require medical certificate for proof of age
*To protect minors from exploitation-
*Provide uniform age of protection of 18
*To amend 1933 Act by substitution of 'sex worker' for
word 'prostitute'
To
overcome the situation awareness- rising is the main thing.It
is certainly a positive step that from 2004, birth and
death registration act was introduced and mass awareness
program should be launched on this regard.
It
was also recommended in the conference to establish a
taskforce between Ministry of Law and Home Ministry for
a set of instructions to be implemented at local level:Sex
workers and their children have enforceable fundamental
rights under constitution i.e., right to education, right
to citizenship, right to movement, right to livelihood,
freedom from any kind of exploitation… . And these
all rights are guaranteed by the constitution.
From
Law Desk.
