Debate intensifies over decriminalising sex work in Thailand

Controversial discussions have emerged around Prime Minister Paetongtarn Shinawatra's government’s proposal to develop an entertainment complex, which aims to regulate underground businesses, including sex work.

This initiative aims to bring everybody into the formal economy, subjecting them to taxation.

The government’s long-term plan is to allocate the generated revenue to fund welfare programs in education, public health and infrastructure, as well as to subsidise the basic living expenses for the public. Related laws will be updated alongside this.

Surang Janyam, director of the SWING organisation which advocates for sex workers’ rights, highlighted the importance of decriminalising the world’s oldest profession.

According to data collected by her organisation, many sex workers want to be included in the system and pay taxes, especially given the hardships they suffered 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 labour 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 revealed unanimous support for formalising the profession, with businesses saying they would 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 labour laws and be granted rights and protection similar to other professions.

She said it was not necessary to “legalise” the profession, because that would require new laws, but instead, it should stop being considered a crime.

“We don’t need to legalise it. We just need to abolish laws that make it illegal. Once that happens, sex workers can receive labour law protection like any other profession,” she said.

As for concerns that decriminalising sex work would worsen child exploitation and human trafficking, Surang said there were plenty of laws already in place to address the two issues.
As for some sex workers not wanting to be part of the formal system, she said participation should be voluntary.

“The system does not mean registration or zoning, it means labour protection. If some aren’t ready to join the system, that’s fine, but the law won’t protect them either,” she said.

She explained that 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 recognise this professional as legitimate, so workers can receive equal protection,” she noted.

While some suggest designating red-light districts like in Amsterdam, Surang argued that zoning will further marginalise workers outside these areas. Instead, she said, decriminalising across the board will allow sex work to be carried out legally in any location.

However, as the government considers these proposals, one significant obstacle remains – public perception.

The morality debate has long hindered progress, with many viewing sex work as immoral. However, Surang pointed out that morality is subjective and often used to sidestep addressing the economic challenges faced by sex workers.

“Everyone measures morality by their own 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.