Rethinking Prostitution Policy: Authority, Society and Sex Industry in Singapore

By Thanapat Sakulpattanacharoen

Abstract

This research paper examines Singapore's prostitution policy and ruminates on the practical implementation and initiation of the policy. While it offers some regulation and benefits, the policy also leads to social and spatial exclusion of sex workers. The paper argues that full legalisation alone would not solve the problems. Singapore's experience suggests a well-crafted policy needs to address social stigma alongside legal aspects. It proposes to find an alternative approach to prostitution policy for a more inclusive approach. Learning from Singapore, other countries could develop robust prostitution policies that address root causes and require societal change.

Introduction

In Asia, Europe and Americas alike, prostitution exists more or less as an integral part of almost, if not every society whether it is morally acceptable or not. Sensibly, each country and state treats prostitution differently, ranging from criminalised to decriminalised sex-related purchases. While the majority of countries consider prostitution illegal or partially decriminalised by law (NSWP, 2021), in practice, however, some activities such as the commercial sex trade are intensified by corruption. Police authority collects bribes from prostitutes and traffickers to turn a blind eye to those wrongdoings (Hung, 2023).

While laws are supposed to reflect the moral nature of society, voices have been raised for the decriminalisation of prostitution to improve working conditions and enhance the protection of labour rights for sex workers. Not only that, it has been argued that the government would benefit from the tax imposed on the industry and may even help policymakers tackle more complex issues such as underaged sex workers and human trafficking (Hung, 2023). But with what method would prostitution policy be constructed in such places, and should we have a prostitution policy at all? Singapore offers an interesting setting as a country in which a prostitution policy exists with a clear effort from the government to regulate sex work. This article will go through a summary of Singapore’s policy on prostitution, and the challenges and factors that come with it before answering the question of whether we should bring forward prostitution policy in our society.

Singapore’s current law and policy on prostitution

Dated back to the colonial era, prostitution was seen as a ‘necessary evil’ by the occupying British forces and women served as ‘comfort women’ during the Japanese Occupation. Upon independence, sex work then was completely banned when the People’s Action Party (PAP) came into power in the late 1950s before it shifted to a more lax style through medical surveillance in the 1960s (Project X, 2023).

Nowadays, sex work is regulated through the ‘extra-legal framework’—laws beyond formal legal structures, meaning it is not illegal by itself and protected by law (Chapman-Schmidt, 2015, p. 7). This is because prostitution-related activities are criminalized, for instance, living on or trading in prostitution and owning a brothel (Women's Charter, 1961, Art. 176 & 178). Moreover, foreign sex workers are regarded as ‘prohibited immigrants’ which would strictly prohibit their mobility to enter and remain in Singapore (Immigration Act, 1959, Art.8(3)(e)(f)). This is important as most sex workers (have to) come from a specific group of countries (China, Vietnam, Thailand, Malaysia, and to a lesser degree—Singapore). They are given the ‘yellow card’ and required a monthly medical checkup, as well as other conditions to follow such as not leaving the brothel unless given permission (Project X, 2023). Life as a legal sex worker is thus stable but restrictive, and they may risk being fined or deported if they break the rules. These legal brothels are also geographically isolated only in some areas traditionally locations for brothels, such as Geylang and Desker Road (Chapman-Schmidt, 2015, p. 8). With such restrictions, some sex workers decide not to register under the government and shift to other methods of prostitution.

Exclusion, stigmatisation, sequestration

From the contemporary situation in Singapore, the exclusion of sex workers can be observed through two factors. First, the status of sex workers within the context of legal, societal and economic perceptions. Sex workers are already stigmatised by social norms, just as in other Asian nations. This is reflected through their specific status according to the immigration law and other laws targeted at them, for the authority to control and regulate prostitution through sequestration (spatial isolation), medical inspection and constraining their entry and labour rights (Wagenaar, 2017, p. 2). For instance, they are not allowed to marry Singaporean citizens, and once the permit expires, sex workers will face a travel ban from three years to a lifetime (Greener & Naegler, 2021, p. 2572; Project X, 2022). It is also possible that the reason why more sex workers come from abroad is due to the stigma associated with sex work—dirty or unpleasant jobs, or it may just simply reflect the demand of Singapore’s male migrant workers (Chapman-Schmidt, 2015, p. 9).

The continuity of sex work stigma can also be explained through the economic lens. Tyner (2013) suggests a link between Marx's theory of surplus population and the idea of a disposable and abandoned workforce, especially women. He draws Marx’s concept of lumpenproletariat, a group of the population which morally distinct from the working-class proletariat, and suggests they are unable to truly change their status since they are deemed outside of ‘respectable’ society, therefore continue to be marginalised and represented as unworthy of assistance (p. 706). This way, they are stigmatised by society and are marginalised for what they do, and not only that, it keeps the state’s control and exploitation of immigrant workforces, to perpetuate a certain class structure for these migrants (Greener & Naegler, 2021, p. 2568-2570).

Another factor contributing to sex work stigma is sequestration. The geographic isolation of sex work zones reflects the state’s attempts to confine these activities to designated areas, presumably because the public finds them morally objectionable near their neighbourhood (Chapman-Schmidt, 2015, p. 8). Crime control such as raids on brothels has also been more prominent since 2012 onwards, which displays the state’s attempt to increase its presence in the red-light districts (Chapman-Schmidt, 2015, p. 2; Greener & Naegler, 2021, p. 2573). Ultimately, regardless of its intention, this segregation deepens the stigma of workers living there and at the same time constructs a clear spatial exclusion between the ‘respectable’ society and the ‘other.’ Social and spatial exclusion are hence intertwined by at least these two factors and would not organically fade away from Singapore society.

This regulation affects not only people in the sex industry but also, to a certain degree, Singapore's government. The main purposes of sex work regulation are preserving public health and ensuring consent (Chapman-Schmidt, 2015, p. 11), and since the policy has been implemented one would believe in better inclusion and conditions for all parties. However, too restrictive regulation also causes some sex workers to decide to stay out of the system, which, in one way, would also defeat the purpose of partly decriminalising prostitution judging that only less than one-tenth of sex workers in Singapore registered with the system in 2021 (Project X, 2023). It is empirical that the system works, but still coexists with the constant chase against illegal activities in the industry. Accordingly, the State has to abolish first the stigma associated with sex work, which would then reduce the burden of crime controlling for the state and help reverse the stigmatisation of sex workers. The government would also benefit from minimising the high cost and politicisation of regulation (Wagenaar, 2017, p. 12).

Should we legalise sex work?

If we see a complete ban on sex work as one end, legalising it would be on another end of the scale. Without a doubt, it would take at least a few more years for many countries even to bring the topic into the legislature. According to Singapore’s context provided above, perhaps partly decriminalising prostitution as a means to move forward little by little would not be so ideal. Undeniably, it helps the government to regulate and form a working system, but also creates problems vis-à-vis increasing stigmatisation and spatial exclusivity. It would be important to take into account the differences in size, culture, social norms, population, and development between Singapore and other countries as well. The prostitution policy that works in Singapore may not work in the same way in others despite sharing similarities in some aspects.

These backlashes, however, do not undermine the importance of having a well-crafted prostitution policy, nor does it limit the policy as ideally unattainable. Above all else, it emphasises the necessity of rethinking not only the legal but also social aspects of legalising prostitution, to achieve the goals of the policy and create a more inclusive society, forasmuch as no protective framework would mean leaving the problems within the sex industry as it is now. Singapore’s prostitution policy is highly similar to that in European countries from the mid-19th century onwards, that is, both seek to control and regulate prostitution through, for example, medical checkups and sequestration (Wagenaar, 2017, p. 2). We can then expect similar stigma and isolation to be the main driver of moral and legal issues. With this precaution in mind, Wagenaar (2017) suggests implementing `collaborative governance,’ a system where public agencies share decision-making with stakeholders through open discussions (p. 12). Although it requires a lot of trust and engagement between parties—including sex workers, this type of governance projects as an alternative to traditional forms of governance which failed to effectively craft public policies.

Conclusion

By examining Singapore’s sex industry, we delve into the agminated, complex relationship of stigma held by sex workers and how legal effects that are deemed to regulate safe sex for both sides build up more burdens for the industry and the authority. This article does not discourage one’s endeavour to advocate for legal prostitution and better living conditions for sex workers, instead, it is quite the opposite. By highlighting the concern over new problems stemming from the liberal prostitution policy, it urges tackling down what is the root and also the hardest challenges faced by sex workers. Legalising sex work alone would not give more freedom and security to sex workers. We should prepare the stable ground before laying seeds, otherwise it would lead to stunted growth. What policymakers, authorities and individuals can learn from Singapore is there will be a novel problem and providing an alternative to traditional governance is needed, much effort is required and a change of mindset is essential in order to achieve a robust prostitution policy. This would no doubt be a long and demanding, but positively impactful journey before the actualisation of prostitution policy emerges.

References

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