The Red Umbrella Fund grantee Organización de Trabajadoras del Sexo (OTS) in El Salvador mapped the situation of sex workers and documented the human rights violations they experience. This strategy has resulted in an effective model for legal empowerment and rights advocacy.
OTS implemented a national mapping of the situation of sex workers through self-led community meetings, workshops and in-site visits across the country in 2014. The objective of the mapping was to investigate the current situation of women sex workers in various cities and in a variety of sectors (outdoor and indoor) and settings (street, parks, bars, nightclubs, brothels). Photo: OTS « Sex workers have a say as any other women »
Organising for Change
Sex workers created OTS in 2004 to address discrimination, abuse and violence against sex workers at work, within their families, and in society in general. To meet its objectives, OTS educates the general public about sex workers’ rights and provides peer support and HIV prevention information to women sex workers working on the streets and in parks in 15 municipalities. OTS’s advocacy strategy focuses on legal and policy reform for the recognition of sex work as work and the right of sex workers to be free from violence, stigma and discrimination. Through its networking and advocacy efforts, OTS recently became active in political spaces that had previously excluded sex workers, especially policy dialogue round tables with municipal authorities.
Negative Legal Environment
In El Salvador, municipalities apply public order laws, which impose administrative fines on individuals engaged in sex work. Some municipalities also fine the clients of sex workers. At the national level, the law does not actually criminalise sex work itself, but all activities related to sex work, such living off the earnings of sex work, are prohibited. In addition, the law prohibits organised prostitution. These laws create a hostile work environment for outdoor and indoor sex workers and increase their vulnerability to violence and abuse.
OTS opposes any form of legal oppression of sex workers and confronts policy makers to review these laws in light of the evidence that the laws contribute to or cause human rights violations and abuses.
Mapping the Situation
Although OTS, an organisation led by sex workers themselves, already knew that sex workers were experiencing human rights violations, the group decided to collect evidence documenting the human rights abuses to more effectively influence the policy debate and counteract the current norms and practices. Over the course of several months, OTS collected information on the situation of sex workers in different cities, sectors and settings through in-person visits.
These face-to-face visits strengthened the connections between sex workers in rural and distant areas and allowed OTS to assess the situation of the most marginalised groups.
The mapping allowed OTS to engage with different communities of sex workers and gain understanding of the structural barriers that put sex workers at risk of violence and abuse. The mapping highlighted the diversity of sex work sectors and settings in El Salvador and the characteristics and specific problems they faced. This self-reflection led to the legal empowerment of these communities. Sex workers became aware of their rights and started to demand them at the local and national levels.
Social stigma and an adverse legal environment create a wide range of barriers negatively impacting the ability of sex workers to enjoy their human rights. The following summary of OTS’s mapping report identifies the challenges and obstacles experienced by sex workers in the country. Photo: Sex worker protest organised by OTS Legal and Policy Environment
- Most municipalities penalise the selling and/or buying of sexual services. Those municipalities that do not directly penalise sex workers and their clients often create isolated sex work zones, far from schools and churches, instead of safe working spaces for sex workers.
- The police often arrest women sex workers if they do not have money to pay fines.
- Police arbitrarily apply municipal ordinances. Some municipalities that do not prohibit sex work, in practice, use public order laws from other municipalities to penalise sex workers.
- Anti-trafficking laws pose a severe risk to sex workers’ safety and working conditions, particularly those who work indoors.
Health and Support Services
- Discriminatory and judgmental attitudes of public health workers threaten sex workers’ ability to seek health services and support.
- HIV/STI clinics, also known in El Salvador as clínicas vicits, do not provide integral health services for sex workers.
- HIV test results are often not available until one month after the date of the test and sex workers have experienced and documented breaches of confidentiality. In some cases, the sex workers’ health status was disclosed to the police and their clients. This exacerbates stigma against sex workers and violates their human right to health.
- Municipalities arbitrarily require street-based sex workers to provide health certificates to the police, despite the absence of any law imposing this requirement.
- Municipalities require that, as a condition of granting a business license (to a bar, disco, etc.), the owner has to disclose the health certificates of sex workers to the police. This practice, which lacks any legal basis, fosters coerced sexual health testing of sex workers.
- Most sex workers were unaware of their rights and do not know where to seek support.
- Social services available in the country are not tailored for sex workers, and most of them address only women’s issues generally.
- Some sex workers are abused or violated by their partners, but they rarely receive adequate support from public institutions. Sex workers do not trust the police and the police fail to address violence committed against sex workers.
- In some cases, sex workers have also lost their children in court and/or have not received social benefits due to their profession.
Building Allies to Achieve Change
Based on these findings, OTS publicly raised the issue of human rights violations against sex workers, especially violations perpetrated by law enforcement.
As part of its effort to influence the policy debate , OTS expanded its external allies and jointly advocated before public institutions.
OTS partnered with FESPAD (Foundation for Research on Legal Application) and ISDEMU (Salvadorian Institute for Women Development) on a research project examining the legal situation and impact of the laws on sex workers in the country. The main outcomes of the research were a detailed analysis on why sex work should be decriminalised and a proposed law decriminalising sex work. Results from the mapping report were used in the analysis. OTS has also worked with national and local governmental organisations, such as the Office of the Ombudsman for Human Rights (PDDH), the Office of the Public Prosecutor, the National Civil Police (PCN) and Municipal Security Forces (CAM). OTS established connections with these public institutions in different municipalities across the country through advocacy letters and round tables for policy dialogue. Additionally, OTS engaged actively with the feminist platform Prudencia Ayala and the LGBT group Fraternidad sin Fronteras, a group that specifically supports trans* sex workers.
The legal empowerment of sex workers’ was the greatest achievement of OTS’s strategy of mapping the situation of sex workers and documenting human rights abuses. The participatory and grassroots focused research methodology used improved the group’s advocacy skills, as sex workers learned to demand their rights more effectively. OTS contributed to the strengthening of the national sex worker movement, engaged new allies and documented human rights violations against sex workers, which the organisation used to influence the legal and policy environment in the country. Although the barriers remain huge, OTS has proven that sex workers communities can mobilise with limited resources and capacity. They will continue to do so until sex workers are recognised as workers and as people with rights. By Dennis van Wanrooij, Red Umbrella Fund