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Sexwork and HIV in India

The goal of the Third Phase of the National AIDS Control Programme of Govt of India (NACP III) is to halt and reverse the epidemic in India over the next 5 years. To achieve this goal NACP III has developed a framework of intervention to prevent occurrence of new infections in high risk groups and general population through adoption of four intervention strategies. 
One of the major strategies is to enhance the coverage of high risk groups following a comprehensive framework of targeted interventions both in high prevalence as well as highly vulnerable states. As the document clearly articulates ‘’High-risk groups continue to bear the greatest burden of HIV infection. Their social marginalization, occupations, recreational patterns and sexual preferences also make them relatively more vulnerable to HIV infection. 
In terms of the transmission risk, prevention efforts towards these groups would constitute one of the important NACP III strategies’’ This very communication not only speaks  about the epidemiological importance of these groups but goes further in opening up a discourse on the underlying reasons behind their vulnerability. 
It would be extremely important to recognize this statement as it reflects a decade long experience and hard earn knowledge and wisdom of NACO what essentially has helped the NACP 111 team members in designing and laying down appropriate strategies and programming principles of targeted intervention program for the country.

WHAT IS SEX-WORK AND HOW IT IS LINKED TO HIV/AIDS?
Buying and selling of sex services is an age old practice in our society. Some individuals sell services and some other buy it. Most of the buyers if categorized from  the gender perspective are male however sellers are from all three gender background [e.g. male, female and transgender].There are more female sex workers in comparison to male or transgender sex-workers. However the number of practicing sex workers belonging to male or transgender community is not small and for all practical reasons their significance can not be denied.

Over a period  of time direct ‘one to one’ mode of transaction of sex-services has been overtaken by the growth of  market forces with the development of many other stakeholders in the trade [e.g. police, middleman, land lord’ etc].However this transition is not very smooth and linear in nature and the structure and functioning of sex trade varies from place to place .It has been further complicated due to various social and cultural factors including the imposition of state control mechanism to guide the sex trade and practices which are mostly ambiguous and  non transparent from the points of its objective and inclination. As a matter of fact in most part of the developing countries sex-trade operates in a ‘twilight zone’ of legality and illegality. All these factors  has helped breeding of corruption and malpractices in the trade in addition to that it has further strengthened  the oppressive and exploitative practices of both ‘formal’ and ‘informal’ controller of sex trade  over the sex workers who are the victim of all these maladies. One need to recognize all these factors while designing any intervention program as it relates to sex-workers’ social and occupational position vis-à-vis their relative powerlessness and their inability to exert agency.

The predominant route of transmission of HIV is through sexual route and bio medical classification puts HIV/AIDS within the category of sexually transmitted diseases. Barring few geographical regions [where IDUs has played the critical role] global HIV pandemic is and has been fuelled through sexual transmission and south East Asia is no exception. In India more than 85% of infected population has received HIV infection through sexual route and Indian epidemic is considered to be predominantly heterosexual in nature. For all obvious reasons NACP 111 has chosen the ‘core group of population’. Eg sex workers (SWs) and their clients, men who have sex with men (MSM), the transgender population and injecting drug users (IDU) as the main focus of intervention.In NACP 111 attempt would be made to expand coverage of female sex workers in urban and rural areas so as to saturate at least 80% of the target population.  

            Persons having multiple sex partners are more prone to get infections. Sex-worker as part of their work entertains many clients as sex partner what increases her chances of getting HIV infection. However there are many possibilities in averting infection too. Increasing sex-workers accessibility to preventive services can reduce their chance of getting infection provided they could negotiate effectively with their clients for safer sex what is again determined by their ability and power to negotiate. The power of negotiation is immensely influenced by the relative power bases between the two negotiators and the milieu where they negotiate. The power of a sex-worker is directly linked to her social and occupational position [like any other individuals in our society] in addition to his/her ability and political acumen to access social, financial, legal, health and other services. There is no debate in putting high priority in sex workers interventions in any stages of the epidemic [High concentrated, Low or generalized epidemic].The issue is how better it could be strategize   to get the best result.

INTERVENTION - strategies and approaches
The basic construct of the HIV prevention strategy is based on the understanding that if individuals are provided with information and means of prevention, they would be able to make reasonably correct decision and would be able to act based on their decision. The barrier to adopt safer sex-services is seen more of an aberration on the part of the individual and his/her risk taking practices. The major trend of these programs is to dissociate behavior from gender, occupation, economic condition, and livelihood option and for that matter the social identity of individual and his/her power bases. The prevention strategy thus designed is limited to focusing on service provision only. The 2nd premise behind these interventions is that the beneficiaries are free agents with desire and power to make decisions that would help consumption of HIV prevention related services. However, the fact remains that they are often not free agents, even if they have the adequate knowledge and desire they do not have the power to make decisions or to act based on their decision. The limitation of this approach owes to the theoretical construct of interventions-what was the hallmark of 1st generation of interventions. However last two decades’  experience[both  National and Global] has broaden the understanding of focused intervention strategies  and approaches specifically among the marginalized group what has been duly articulated in the NACP 111 design and what can freely be considered as 2nd generation intervention program.

SEX WORKER-AN OBJECT OF INTERVENTION
Sex-worker; being one of the marginalized subpopulation is viewed as ‘core group transmitter’ from the point of epidemiology. The very social exclusion process that forces them to live and die on the margins of the society put them in a vulnerable position. However the basic tenets of targeted intervention program project sex-worker as a “high risk behavioral group” whose behavior has to be changed to reduce society’s impending risk of getting HIV/AIDS. Focusing sex-workers vulnerability towards the virus as a behavioral issue and individual’s problem in contrast to recognizing it as an occupational issue, the intervention thus designed, concentrates on changing individuals’ behavior through Behavior Change Communication (BCC) strategy only. In the process it negates all social, structural and contextual elements what essentially put them in a ‘situation of no hope’. These categories of interventions not only over simplify structural issues and the contextual background of sex work, but simultaneously put the burden squarely on the individual sex worker. In addition to that it further marginalizes sex workers and alienates them from the program itself.

SOCIAL EXCLUSION AND VULNERABILITY
 It is accepted that without access to information related to transmission, people are put in a vulnerable situation. In case of the sex workers access to information and services are greatly compromised because of their social position and status. Factors that determine their position and status in the society essentially put them in a vulnerable situation e.g., Stigma attached to sex  and sex work, low socioeconomic and caste background and powerlessness of sex workers as manifested by their inability to interact with the “mainstream society” with respect and dignity. The legal framework in most countries and the process of criminalization of sex work and workers enhances her/his level of vulnerability further,  Contrary to popular belief criminalization of sex work has been used as a major means of controlling profit from the sex trade, rather than reducing entry of women in the trade.

Comprehensive approach to HIV prevention focuses more on vulnerability reduction in addition to risk in addressing HIV transmission.UNAIDS policy position paper [intensifying HIV prevention, August,2005] stresses strategies of risk, vulnerability and impact reduction as an integral approach to HIV prevention. The same document is unambiguous in illustrating the significance of rights.’’ HIV disproportionately affects those groups and individuals are already marginalized and /or least able to realize their human rights. Prevention efforts will not be successful unless the underlying determinants of vulnerability to infection are addressed and the rights of all people are respected, promoted and protected’ so it would be crucial to address the social and structural power relations including ideologies that put them in a vulnerable position.

STRUCTURAL BARRIERS TO PREVENTION
            Factors that determine structure and functioning of sex trade predominantly control sexual practices. It is the buyer who keeps control over the nature and type of sex practices. Other structural barriers, which are manifested by the legal status of the profession, attitude and practices of law enforcing agencies, criminalization of sex trade etc put an insurmountable barrier both in providing and procuring safer sex. The primary issue is not the ‘behavior’ of the sex worker but the way her work and work environment is managed in the society and in the country in question. Wo(men) who choose to be in sex work not because of her behavioral impulse or due to her attitudinal problem, a sex-worker continue to engage in sex work and can’t change her occupation due to the stigma attached to her occupational  identity. A sex worker gets STI or HIV infection because of her work and the hazardous work environment where she negotiates her job.

Sex workers ability to negotiate condom use, power to influence working conditions, access to health, legal, financial and other basic services appears to be more complex and is determined by various extraneous factors... The power relations between various stakeholders both within and across the sex trade and society at large are at points invisible but are governed by a set of complex unwritten rules and customary practices. It is highly unlikely to expect from an individual sex worker to enforce safer sex with his/her clients in an environment where s/he has very little power and confidence to exert agency. Under these circumstances adoption of empowering strategies as the cornerstone of prevention program became so obvious to achieve the stated objective of the program.


SEX, SEXUALITY AND SEX WORKERS INTERVENTION
The persecution of the sex worker – men, women and trans-gendered, is rooted in the understanding of sex, sexuality and power which in turn is governed by the dominant social norms that views them as “lesser mortals”.Sex workers rights issues are more often relegated to the back seat as they are judged from the ‘high moral ground’ imposed by the mainstream society. The issue of trafficking is unnecessarily conflated with  the sex work what further victimizes sex workers and their livelihood option  In our part of the world most sex workers more often than not belong to lower caste, low income groups,  sexual minority, or to groups seen as fallen, promiscuous, and prosecutable (by law and morality). They are seen more as a burden to the society and the very approach of intervention has narrowed down the target to ‘genitalia’ of the person as there are not viewed as an average human being with all senses and faculties. This approach seldom allows society at large and policy makers and implementers to look at the sex workers as a group having desires, needs, responsibilities and rights.

CREATION OF AN ENABLING ENVIRONMENT
Laws, systems and procedures that control structures and functioning of sex trade, further intensify their state of marginalization. Sex workers are especially vulnerable to contracting HIV infection and are often not in a position to ensure condom use due to their “inferior” position and the related bargaining power associated with it.. An individual sex worker has little ability to change the systems that affect her life. The beating of a sex worker by police for extortion may be overlooked, while beating a shopkeeper for extortion will not as the shopkeeper occupies a relatively higher position in the society.NACP II did recognize the importance of enabling environment and took initiative to articulate it as an integral component of targeted interventions as early as 1999.Under NACP III it is now considered as an critical element to achieve program objective.
            NACP III strategy document illustrate further to look into this overreaching issue of enabling environment…. ‘’review and reform of structural constraints, legal procedures and policies that impede interventions aimed at marginalized populations such as sex workers, IDUs and MSM. A legal framework that promotes and protects the rights of people infected, affected and vulnerable to infection is important to ensure an enabling environment’’.NACP goes further in commenting....’’ A conducive local environment is crucial for TIs because HRGs face legal and structural constraints such as criminalization and violence for adopting safe behaviors. These have to be removed at local, state and national levels, NACP III will evolve appropriate strategies in partnership with affected communities, civil rights activists, law-enforcement agencies the judiciary and opinion leaders. “It has been decided to constitute a state level coordination group/task force with due representation of community members to promote an enabling environment. The document further elaborates that a national level Task Force will be set up to review and suggest reforms of existing laws that influence risks and impede HIV prevention, care and support services.” NACP 111 has also decided to assess the progress in this direction choosing a simple indicator i.e. Number of people seeking redressal of violation of rights.

THE ESSENTIAL FEATURES OF FOCUSED INTERVENTIONS FOR SEX WORKERS
As explained in this document that the critical element of success in HIV intervention program will depend on how an individual sex worker can gain control over her body and exert her agency. This requires the mobilization of the ‘community’ of sex workers to change the unwritten rules and practices that govern sex work. Thus the significance of collectivization and role of collective bargaining can not be overemphasized.

The process of giving visibility to a community that has historically remained on the fringes of the society requires adequate attention. Sex worker must be treated with respect and dignity and there is a need to recognize sex work as a livelihood option. Intervention programs must respect the perceived needs of the community and respond appropriately. This could be done through establishing linkages with education, reduction of economic vulnerability through micro finance systems, creating spaces for cultural expressions and the development of an enabling environment at micro, mesa and macro levels.

The creation of an enabling environment in the existing social milieu requires influencing gatekeepers of the sex trade, building broader alliances with mainstream society, open dialogue, negotiation and conflict resolution with different power brokers.
Interventions that have factored in these programmatic principles have been able to provide communities the space to transcend from beneficiaries to ‘owners’ of interventions and have created a significant impact both in terms of quality and coverage. An outstanding example of this is the Durbar Mahila Samanwaya Committee, an organization of sex workers and has played a pioneering role in bringing to the fore the problems of the individual sex worker and taking collective action to address them. They were able to increase condom use rate as reflected from sells of condoms by the community base organization [from almost nothing to 2 million pieces per annum] significant reduction of STIs and stabilization of HIV. A single intervention program called Sonagachi steered by the sex workers community could expand to 50 other areas covering no less than 40000 sex workers over a period of just two and half years based on the strategy of collectivization and ownership development of key population. This could be a unique example of scaling up of program. The ownership building process can be even more rewarding as the very example highlights its far reaching impact within the sex workers community. Spanning from a few months to four years, this organization initiated and continued an HIV program in over 26 areas with their own resource before any donor came to support their venture. This is a glaring example to show how to shift a program from a service delivery mode to a demand driven phase. Durbar has also been a pioneer in the creation of a self regulatory system constituted by sex workers along with representation from various government departments as a reddressal mechanism for various issues including anti trafficking and other emerging conflicts and problems faced by the community members. A significant lesson from these examples is that while designing intervention one needs to consider both the practical needs as well as implicit rights of the community.


WHAT IS NEW IN THE PROGRAMMING?

  1. Availability of comprehensive health care services with special emphasis to quality sexually transmitted infection treatment looking from the standpoint of occupational hazards.
  2. Integrate violence reduction [both social and structural]in the sex work settings and engage sex workers in enforcing child protection policies and regulations.
  3. Help collectivization and self help group formation of key population to empower and to enable the community to own , control and monitor quality and effective utilization of services Promote consistent and proper use of condoms to achieve 90% use at last sex with non-regular partner and ensure consistent condom supplies(reproductive age group).
  4. Active participation and involvement of key population at every stage of planning, designing and implementation of the program is important to reach out community members and to make services accessible and acceptable to them
  5. Address compromised social position [based on stigma and discrimination and criminalization] of sex workers what makes them vulnerable to HIV/STIs
  6. Protection and restoration of basic human rights played a crucial role in helping key population to exert their agency in ensuring safer sex practices.
  7. Address structural barriers including policies, legislation and customary practices - what prevent, access and utilization of appropriate prevention and care services
  8. Move to decriminalize sex work as it ensures sex workers’ ability to protect her and to promote safer sex practices by their clients.
  9. Address perceptive needs of the key population through linking HIV prevention program with all relevant welfare services including establishment of social support mechanism for sex workers and their families.


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