Prostitution in Taiwan
Encyclopedia
Prostitution in Taiwan remains illegal under a 1991 law, but is under active consideration of reform following a Constitutional Court decision that it violated the Constitution.
houses and brothels had been authorized to operate in certain districts of Taiwan
. Later geishas evolved into "hostesses". As late as the 1950s, many girls who had been indentured by their parents into prostitution for financial reasons did so willingly, out of a feeling of filial piety
. During World War II
, the Japanese recruited or coerced women into serving as comfort women
.
government initially banned most hostesses and prostitutes, labeling prostitution as an immoral phenomenon encouraged by the Japanese, although at the same time the Ministry of Defense maintained official brothels on outer islands to provide sexual services to the many single military men who arrived from the mainland in 1949. In 1956, the government revived the policy of registering and licensing prostitutes under the Measures for the Administration of Taiwan Province of Prostitutes.
Rapid industrialization in the 1960s brought an influx of young people into the cities, giving rise to a coffee-house subculture, where female hostesses catered to young male workers. At roughly the same time, the opening of two US army bases spawned bars and dance halls to cater to the American military population.
Government concern over immorality led to increased police attention directed at intimacy in public and sometimes private. The sex trade became increasingly controversial; in 1974 the government stopped licensing new brothels, and in the 1980s, a campaign aimed at rescuing Taiwanese aborigine girls forced into prostitution grew into an anti-prostitution movement that successfully lobbied for outright banning of prostitution across Taiwan, culminating in the 1997 outlawing of prostitution in the city of Taipei
under then mayor Chen Shuibian, (later President of the Republic)
the only place in Taiwan where it was still legal. However Chen lost the next election and his successor, Ma Ying-jeou
(who later succeeded Chen as president) allowed a grace period that extended till April 2001.
Chen, who outlawed sex work in Taipei in 1997, became President between 2000-2008. During this time, in addition to prosecution of women sex workers, advocates like Josephine Ho
also faced discrimination from conservative groups.
After a long public debate
Cheng Li-wun introduced a Bill in April 2009 to decriminalise sex work.
In June 2009, in response to both sex workers’ demands, academic research and a commitment to bring Taiwan's legislation into harmony with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, the Ma Ying-jeou
administration announced that prostitution was to be decriminalized, according to Jiang Yi-huah, minister of the Research, Development and Evaluation Commission.
Announcing that Article 80 would be abolished, on the grounds of treating prostitution as a matter of human rights, the government concluded that punishing sexual transactions only forced them underground, leaving sex workers open to abuse. The government stated that while sexual transactions between consenting adults should be governed by personal, educational and religious considerations, rather than by laws, the sex trade should be regulated like any other occupation. The law was also felt to be largely ineffectual. It left the question of where people could engage in prostitution up to local governments. Regulations were promised within six months, which were to be mainly the responsibility of local government. In the meantime jail terms were to be replaced by fines, and police officers would no longer be credited for the arrest of sex workers.
Again government officials stated there were plans to decriminalise sex work.
this was the first pronouncement by the Ministry of the Interior on the subject, but plans to allow local red-light districts were opposed by Taipei's Mayor Hau Lung-bin.
However in 2010 the Government is still debating the subject.
In October 2010 the government announced it was planning to allow small brothels to operate, while meanwhile the laws are no longer being enforced.
In May 2011 the Government announced that a draft bill was imminent.
In Taiwan the public narrowly supported the initiative but it was opposed by some women's groups such as The Garden of Hope Foundation.
Japanese colonial rule (1895-1945)
During the Japanese colonial period (1895–1945), geishaGeisha
, Geiko or Geigi are traditional, female Japanese entertainers whose skills include performing various Japanese arts such as classical music and dance.-Terms:...
houses and brothels had been authorized to operate in certain districts of Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
. Later geishas evolved into "hostesses". As late as the 1950s, many girls who had been indentured by their parents into prostitution for financial reasons did so willingly, out of a feeling of filial piety
Filial piety
In Confucian ideals, filial piety is one of the virtues to be held above all else: a respect for the parents and ancestors. The Confucian classic Xiao Jing or Classic of Xiào, thought to be written around 470 BCE, has historically been the authoritative source on the Confucian tenet of xiào /...
. During World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the Japanese recruited or coerced women into serving as comfort women
Comfort women
The term "comfort women" was a euphemism used to describe women forced into sexual slavery by the Japanese military during World War II.Estimates vary as to how many women were involved, with numbers ranging from as low as 20,000 from some Japanese scholars to as high as 410,000 from some Chinese...
.
Postwar Nationalist Government (1945 - )
With the return to Chinese rule in 1945, the Chinese NationalistChinese nationalist
Chinese nationalist can refer to:* Chinese nationalism* Kuomintang - Chinese Nationalist Party in Taiwan....
government initially banned most hostesses and prostitutes, labeling prostitution as an immoral phenomenon encouraged by the Japanese, although at the same time the Ministry of Defense maintained official brothels on outer islands to provide sexual services to the many single military men who arrived from the mainland in 1949. In 1956, the government revived the policy of registering and licensing prostitutes under the Measures for the Administration of Taiwan Province of Prostitutes.
Rapid industrialization in the 1960s brought an influx of young people into the cities, giving rise to a coffee-house subculture, where female hostesses catered to young male workers. At roughly the same time, the opening of two US army bases spawned bars and dance halls to cater to the American military population.
Government concern over immorality led to increased police attention directed at intimacy in public and sometimes private. The sex trade became increasingly controversial; in 1974 the government stopped licensing new brothels, and in the 1980s, a campaign aimed at rescuing Taiwanese aborigine girls forced into prostitution grew into an anti-prostitution movement that successfully lobbied for outright banning of prostitution across Taiwan, culminating in the 1997 outlawing of prostitution in the city of Taipei
Taipei
Taipei City is the capital of the Republic of China and the central city of the largest metropolitan area of Taiwan. Situated at the northern tip of the island, Taipei is located on the Tamsui River, and is about 25 km southwest of Keelung, its port on the Pacific Ocean...
under then mayor Chen Shuibian, (later President of the Republic)
the only place in Taiwan where it was still legal. However Chen lost the next election and his successor, Ma Ying-jeou
Ma Ying-jeou
Ma Ying-jeou is the 12th term and current President of the Republic of China , commonly known as Taiwan, and the Chairman of the Kuomintang Party, also known as the Chinese Nationalist Party. He formerly served as Justice Minister from 1993 to 1996, Mayor of Taipei from 1998 to 2006, and Chairman...
(who later succeeded Chen as president) allowed a grace period that extended till April 2001.
Criminalisation (1991)
Sex work became illegal in Taiwan under Article 80 of the Social Order and Maintenance Act 1991, which replaced the Police Offence Law of the 1950s and criminalised the mainly female population of sex workers. Sex workers could be detained for a maximum of three days, fined up to NT$30,000 or sent to a correctional institution for a period of between 6 and 12 months.Chen, who outlawed sex work in Taipei in 1997, became President between 2000-2008. During this time, in addition to prosecution of women sex workers, advocates like Josephine Ho
Josephine Ho
Josephine Chuen-juei Ho is the chair of the English department ofNational Central University, Taiwan, and coordinator of its.She has withstood lawsuits directed at her outspokenness on gender and rights issues. She holds two doctorates from US universities. She has published many books.-External...
also faced discrimination from conservative groups.
After a long public debate
Cheng Li-wun introduced a Bill in April 2009 to decriminalise sex work.
In June 2009, in response to both sex workers’ demands, academic research and a commitment to bring Taiwan's legislation into harmony with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, the Ma Ying-jeou
Ma Ying-jeou
Ma Ying-jeou is the 12th term and current President of the Republic of China , commonly known as Taiwan, and the Chairman of the Kuomintang Party, also known as the Chinese Nationalist Party. He formerly served as Justice Minister from 1993 to 1996, Mayor of Taipei from 1998 to 2006, and Chairman...
administration announced that prostitution was to be decriminalized, according to Jiang Yi-huah, minister of the Research, Development and Evaluation Commission.
Announcing that Article 80 would be abolished, on the grounds of treating prostitution as a matter of human rights, the government concluded that punishing sexual transactions only forced them underground, leaving sex workers open to abuse. The government stated that while sexual transactions between consenting adults should be governed by personal, educational and religious considerations, rather than by laws, the sex trade should be regulated like any other occupation. The law was also felt to be largely ineffectual. It left the question of where people could engage in prostitution up to local governments. Regulations were promised within six months, which were to be mainly the responsibility of local government. In the meantime jail terms were to be replaced by fines, and police officers would no longer be credited for the arrest of sex workers.
Constitutional decision (2009)
Subsequent to this, the Constitutional Court declared the existing legislation unconstitutional, and ordered that it cease to be in effect within 2 years.Again government officials stated there were plans to decriminalise sex work.
this was the first pronouncement by the Ministry of the Interior on the subject, but plans to allow local red-light districts were opposed by Taipei's Mayor Hau Lung-bin.
However in 2010 the Government is still debating the subject.
In October 2010 the government announced it was planning to allow small brothels to operate, while meanwhile the laws are no longer being enforced.
In May 2011 the Government announced that a draft bill was imminent.
Response
Taiwan's approach created renewed hope for those advocating for more liberal policies on the mainland.In Taiwan the public narrowly supported the initiative but it was opposed by some women's groups such as The Garden of Hope Foundation.
Sources
- Precursors and Pathways to Adolescent Prostitution in Taiwan by Shu-Ling Hwang, Bedford, Olwen, Journal of Sex Research, 00224499, May 2003, Vol. 40, Issue 2
- Huang HTM. State power, prostitution and sexual order in Taiwan: towards a genealogical critique of ‘Virtuous Custom’. Inter-Asia Cultural Studies 5(2) 2004 237-262
- MH. Selling bodies/selling pleasure: The social organisation of sex work in Taiwan, in Gangoli G, Westmarland N (eds.) International approaches to prostitution: law and policy in Europe and Asia, Policy press, Bristol 2006 pp 165-184
- Chun-ju Flora Hung. Relationship building, activism, and conflict resolution — A case study on the termination of licensed prostitution in Taipei City Asian Journal of Communication Volume 13, Issue 2 2003 , pages 21 - 49
- Asia Monitor Resource Centre. Sex Work in Taiwan