The sex worker right group Empower Foundation is preparing to launch a campaign to collect signatures to introduce a bill to parliament repealing the 1996 anti-sex work law and outlining protection for sex workers.

Representatives of the Empower Foundation and its network filing their petition to Kampee Ditthakorn, spokesperson for the Speaker of the House of Representatives.

Representatives of the Foundation and its network went to parliament last Monday (3 March) to submit a petition to launch their proposal for a bill titled the Protection of Sex Workers. Chatchalawan Muangjan, a representative of the Empower Foundation, said that the Foundation and its network decided to propose their own bill after progress on several sex work bills previously proposed had stalled.

The bill is based on one previously submitted to the Ministry of Social Development and Human Security by a network of sex workers, Chatchalawan said. The Ministry told the network last year that it is still doing more research since the bill deals with a sensitive issue, and Chatchalawan said that the workers decided to write their own version because they were unsure about what the Ministry will do.

“We don’t know where in the process these bills currently are. We think that, while we go on with our lives and are still working, we need to have our own bill,” she said.

Chatchalawan Muangjan speaking at the press conference

The bill proposes to require that anyone entering sex work must be a consenting individual aged over 18 and sets a penalty for anyone seeking the service of a minor regardless of whether the minor consented. It outlines the protection of sex workers’ rights to appropriate compensation, health benefits, confidentiality, and the right to withhold their service, and also stipulates that any legal cases arising from workplace conflict falls within the jurisdiction of the Labour Court. Sex workers will also be able to seek help from a shelter to be set up if the bill passes, and a sex work protection committee will be formed.

The bill proposes that sex work establishments have to apply for a license every 3 years. They must follow a set of requirements, including informing the authorities when they move location and complying with labour protection measures. Establishments must also not be located near places of worship, schools, hospitals or apartment buildings. They must not create a disturbance, must follow safety standards, and will be responsible for providing healthcare for workers. The bill also sets a penalty for operating without a license, as well as procuring the services of a minor.

The bill also outlines protection for customers, allowing them to refuse services and requiring establishments to refund fees if the worker is at fault.

“This bill applies to us [sex workers], but we also take society into consideration and how we co-exist with society in a way that society is happy, the workers are happy, the customers are happy, and everyone receive equal protection,” Chatchalawan said. 

Under the 2021 Initiative Process Act, a petition signed by 20 voters must be submitted to parliament before a campaign can be launched to collect signatures for a bill proposed by civil society. Parliament must inform the petitioners in 15 days whether the bill meets the requirements of legislation that can be proposed by civil groups. Thereafter, a campaign can be launched to collect 10,000 signatures for the draft legislation to be sent to the House of Representatives.

In July 2024, the Service Workers in Group (SWING) Foundation submitted to parliament a proposal backed by 14,484 voters for the repeal of the 1996 Prevention and Suppression of Prostitution Act. The bill has not appeared on the House of Representatives’ agenda.