Submission to AG regarding Prostitution Law Reform
West Australians were asked by government to submit their views on how and if the trade of prostitution should be legally governed.
The following is the submission of the BCWA:
Submission to Department of the Attorney General: Prostitution Reform Area
1 The Buddhist community of WA would like to see the drafting of a practical set of laws governing the trade of prostitution. While from a Buddhist perspective prostitution is not inherently wrong, it is so vulnerable to exploitation that the Buddhist community believes that legislation is urgently required to ensure the rights and safety of all parties.
2 From the Buddhist scriptures we know the Buddha did not look down upon any class or type of person. At one time* he accepted an invitation from Ambapali, a prostitute, for a luncheon for the Buddha and his monks and nuns. In this canonical story, the Buddha is famously remembered for accepting this invitation even though he was pressed by members of a royal family to forgo her invitation.
3 The scriptures are more than two and half thousand years old and Buddhists accept that prostitution exists in society. We believe that decriminalization of prostitution will be beneficial to both prostitutes and the general public. Some of the potential benefits would be reduction of violence and exploitation, under-aged prostitution, drug addiction, human trafficking, sexually transmitted diseases and illegal income for criminal elements. It would also give the same entitlements and protection afforded to workers of other industries.
4 Where human trafficking is discovered, action should be taken against ring-leaders while taking care to safely rehabilitate and repatriate victims. There needs to be a system which will make it possible for victims to give evidence before they are safely repatriated. Laws should protect prostitutes from being exploited financially.
5 We recognise that people may turn to prostitution out of desperate situations such as drug addiction and violence. Legislation should take this into account to help those who wish to move out of prostitution should they choose to.
* Mahaparinibbana Sutra, No. 16 of the Digha Nikaya, Chapter 2.14 to 2.19 (please see below for translation)
The Story of How the Prostitute Ambapali Offered Her Mango Park to the Sangha (DN16.2.14-19)
Ambapali the prostitute heard that the Master had arrived at Vesali and was staying in her mango grove. She harnessed her best carriages, mounted a good carriage, and set out from Vesali towards her own park. She went by carriage as far as the terrain was suitable, descended from her carriage, and approached the Master on foot. She respectfully saluted him and sat down to one side. The Master then inspired, encouraged, gladdened, and roused her with a Dhamma talk. She then said to him: “Bhante, would you, together with the bhikkhu-sangha, please accept a meal from me tomorrow.” The Master accepted by remaining silent. Then, having understood that the Master had accepted, Ambapali rose from her seat, respectfully saluted the him, circumambulated him, and departed.
The Licchavis of Vesali heard that the Master has arrived at Vesali and was staying in the Ambapali’s grove. They harnessed their best carriages, mounted a good carriage, and set out from Vesali. Some of the Licchavis were blue, with blue colour, blue clothes, and blue ornaments; some were yellow, with yellow colour, yellow clothes, and yellow ornaments; some were red, with red colour, red clothes, and red ornaments; some were white, with white colour, white clothes, and white ornaments. Then Ambapali turned around [and drove her carriage] axle to axle, wheel to wheel, yoke to yoke with the young Licchavis. They said to her: “Why, Ambapali, do you turn around like this?” “Because, young Sirs, I have invited the Master together with the bhikkhu-sangha for a meal tomorrow.” “Ambapali, we will pay you a hundred thousand coins for this meal.” “Even if, young sirs, you give me all of Vesali together with its income, I will not give you this meal.” Then the Licchavis snapped their fingers, saying, “We have been beaten by the mango girl.”
Then the Licchavis went to Ambapali’s grove. When the Master saw the Licchavis coming in the distance, he said to the bhikkhus: “Those bhikkhus who have not previously seen the Tavatimsa Gods should observe these Licchavis; they are just like the Tavatimsa Gods.” Then the Licchavis went by carriage as far as the terrain was suitable, descended from the carriage, and approached the Master on foot. They respectfully saluted him and sat down to one side. The Master then inspired, encouraged, gladdened, and roused them with a Dhamma talk. The Licchavis then said to the him: “Bhante, would you, together with the bhikkhu-sangha, please accept a meal from us tomorrow.” “Licchavis, I have accepted a meal for tomorrow from Ambapali the prostitute.” The Licchavis snapped their fingers, saying, “We have been beaten by the mango girl.” They then delighted and rejoiced in the Master’s words, rose from their seats, respectfully saluted him, circumabulated him, and departed.
The following morning Ambapali prepared delicious food in her own house, and then announced to the Master: “It is time, bhante, the meal is ready.” Then, having dressed early in the morning, the Master took his bowl and robe and went to Ambapali’s house together with the bhikkhu-sangha, where he sat down on a prepared seat. Then Ambapali, with her own hands, served the Master and the bhikkhu-sangha with delicious food. When the Master had finished his meal and had washed his bowl and hands, Ambapali took a low seat and sat down to one side, and said to the Master: “Bhante, I give this park to the bhikkhu-sangha headed by the Buddha. The Master accepted the park. He then inspired, encouraged, gladdened, and roused Ambapali with a Dhamma talk, rose from his seat, and departed.
While staying in Vesali in Ambapali’s grove, the Master often spoke on the Dhamma: “thus is virtue, thus is stillness, thus is wisdom. Stillness imbued with virtue is very fruitful; wisdom imbued with stillness is very fruitful; the mind imbued with wisdom is properly released from the taints, that is, the taint of sensual desire, the taint of existence, and the taint of ignorance.”
Anguttara Nikaya 5:verse 177 (on unsuitable livelihoods)
Monks, a lay Buddhist should not engage in these five trades. What five? Trade in weapons, trade in beings, trade in meat, trade in intoxicants, and trade in poisons.
(translations by Ajahn Brahmali, Bodhinyana Monastery, WA)
Feb 2011