Category Archives: laws

laws aimed at controlling prostitution and regulating sex entertainment take different forms and are nowadays sites of social conflict

If you thought Trafficking was a bad term, try Modern Slavery

As if Human Trafficking weren’t an already over-used, ambiguous, confusing term for a raft of phenomena, some influential characters want to replace the term with Modern Slavery. I marvel consistently here and on facebook and twitter about the predominance of misleading terminology not only from voracious Online Editors but also from moral entrepreneurs, politicians and now, ever oftener, the police.

The following objection about Modern Slavery is from Mike Dottridge, whom I met long ago when I still didn’t know that everything I was interested in was destined to be called Trafficking, and nor did he. Notes on the photos at the end.

The UN Trafficking Protocol of 2000 describes various forms of exploitation: slavery, forced labour and types of servitude such as debt bondage. Now individual philanthropists and politicians are pushing to substitute the term Modern Slavery for Human Trafficking. What happens then? Bear in mind that a slave is defined as a person who is the legal property of another or can be treated as such: they can be bought, sold, traded or inherited. A slave is a personal possession – a chattel.

*Westerners are happy to use Modern Slavery for a wide range of common practices in developing countries, such as the use of bonded labourers in South Asia or of indigenous children as domestic workers in Paraguay. But human-rights defenders say using the term won’t help them combat specific forms of exploitation they oppose, because slavery simply means something else in their countries.

*Using the term Modern Slavery precipitates us into name-and-shame mode, pointing the finger at governments and businesses which tolerate it. It implies that countries with large numbers of slaves are allowing something awful to occur. So, instead of the Development/cooperation paradigm that was dominant in the second half of the 20th century, with richer countries supporting efforts to bring about social and economic change in poorer ones, we revert back to the 19th-century idea that some uncivilised countries require pressure from civilised ones to abandon unacceptable practices. There are plenty of problems in the way Development policies are applied, but shaming governments into recognising that slavery is occurring in their countries is an example of the wrong way to achieve international cooperation.

*In the minds of people in Western Europe and the Americas, the word slavery refers to the transatlantic slave trade. Using the term for levels of exploitation which do not meet the legal definition trivialises historical chattel slavery and reduces any sense of responsibility in countries that benefited from it. This fits neatly into the agenda of white supremacists who dismiss contemporary racism and discrimination against the descendants of slaves. We should avoid terminology which sounds imperialist and potentially racist.

*This brings me to one of my deepest worries, that the governments that have decided to use Modern Slavery (Australia, the UK and the USA) are also those keen to abandon conventional approaches to Development. Earlier this year Australia and the UK used bullying tactics to persuade others to follow their usage at a UN Security Council debate about trafficking, slavery and forced labour in the context of armed conflict. I fear that moving from the term Trafficking to Modern Slavery opens a Pandora’s Box, with UN organisations like the ILO and UNODC vying for influence, and Australia, the UK and the USA pushing for the term Modern Slavery while the Russian Federation and its allies disagree. This then becomes part of today’s Cold War between East and West and provides an excuse for neither side to take significant action.

*Rich philanthropists interested in financing anti-slavery organisations are not trying to persuade governments to respect the human rights of people who have already been exploited or to reform employment and immigration systems to reduce future exploitation. Philanthropists put emphasis on the responsibility of consumers and businesses but only ask governments to enforce laws. This undermines respect for human rights in general and in particular for the human rights of migrants and others who are abused and exploited.

*The types of exploitation implied by Modern Slavery encourage many government officials to stop paying attention to conventional techniques for protecting workers such as regulation, workplace inspections and trade unions. By creating the impression that they are helpless slaves who need rescuing from the hands of criminals, they propagate a myth that all informal work that helps migrants to survive is illicit and should be prohibited, thereby denying migrants the lifeline on which they often depend.

I’ve been an ardent critic of the way a poor legal definition of Human Trafficking has required years of debate to clarify, still without total success, so I’m loath to see yet more time and money wasted on disputes about definitions and concepts. Instead I want to see investment in action to stop unacceptable exploitation and assist the victims.

Notes from Mike on the photos: At the top are Manjok and Awut and their son Mohammed, who had been abducted and held separately and only married and had their son after release. I met them in Ad-Dha’ein, a small town in South Darfur near what is now the border of North and South Sudan in October 2000 after they had been released from captivity. Of course, they look like ordinary people, rather than ‘slaves’. Above is Bol, who was about six when he was abducted and spent about a dozen years in captivity. I met him in Khartoum.

Mike Dottridge was director of Anti-Slavery International from 1996 to 2002. For more detail see Eight reasons why we shouldn’t use the term ‘modern slavery’

Just yesterday the Guardian published this info-box on Modern Slavery. I’d say the substitution is well under way and expect loads of new confusion on the part of all and sundry.

In the first novel in my crime series, The Three-Headed Dog, migrants in Spain use slavery-words in the informal way we are all accustomed to. Here is young Eddy, who is happy to have a low-paying job in a bar where he sleeps on a pallet in the basement:

He did wonder sometimes when a customer joked about lazing around the beach. One guy said ‘What’s it like to work for the first time in your life, instead of sitting around drinking from coconuts?’ Eddy went on picking up glasses and putting them on his tray. He had never liked coconut, and the boss had said not to get into conversations.

In the kitchen a boy with Indian-type features said, ‘Fucking Spanish racists. First they go and commit genocide in our countries and take everything we’ve got. Then they leave us to die in poverty. Now when we come back here willing to work for starvation-wages they treat us like dirt.’

Eddy objected. ‘But all that was ages ago. Santo Domingo is the first place they went to, I know all about that. But nowadays is different.’ Hell, it was like those endless demonstrations at home, long-haired political types going on and on about the conquistadores and US imperialism. He found politics boring.

‘You wait,’ said the other boy, squirting detergent into the pan. ‘Some of them hide what they think because racism is out of style, but in the end they’re all alike. I’d rather die than live here and be a slave like this, but my mother needs an operation. If I could get money any other way I would.’ He banged a glass, and it broke, which would be deducted from his wage. The Three-Headed Dog p 148

I don’t want to stop folks using slave as a metaphor in everyday life, but in official and quasi-legal language I sure don’t want the already dysfunctional term trafficking replaced by slavery, whether modern or antique. And as for the yellow-press term sex slaves…

-Laura Agustín, the Naked Anthropologist

The Three-Headed Dog: Sexwork and Migration Mystery

agustin-thethreeheadeddog-1400Despite how it might look to those who’ve known me only since Sex at the Margins, I’m not making a sudden switch to fiction. It’s one of the things I used to write before the Internet, before doing postgraduate degrees, before social media. I began this story, in my head and scribbled notes, not long after starting those degrees in the late 90s. This I now understand to show how quickly I grasped the limitations of academic work. There’s nothing left of that first version but the concept: a searcher for missing migrants in economic and social undergrounds, multicultural and hybrid settings, job markets that routinely include sex. In general such stories are not published unless the migrants are portrayed as passive victims needing rescue by much straighter and more comfortable characters.

michaelrougier
The Three-Headed Dog is about undocumented migrants in Spain and their smugglers. A lot of them work in different segments of the sex industry. The incidents portrayed would be labelled trafficking and the migrants victims by anti-prostitution and anti-migration campaigners. I don’t see things that way. Just as I strove to show in Sex at the Margins that many migrants don’t perceive themselves as inert objects of cruel fate and evil men, here a few of them act out their stories, trying to find ways to get ahead and stay out of trouble.

Fiction is not the opposite of fact; truth is glimpsed in different ways. The characters here are neither real nor unreal but created themselves in my imagination out of my long experience of travelling on my own and talking with people. I’ve seen everything that happens in this book. I’ve known people who thought and acted these ways. But all migrants don’t experience things the same way, and they may change how they feel over time. The fact they share is not having legal status to be and work where they are living (under constraints and duress). Falsehoods are fundamental. My intention is not to romanticise but pay attention to lives nearly always shoved out of sight.

10422545_10153240525334511_900316605402882336_nAbout genre labels 

To publish is to choose categories for databases. The Three-Headed Dog is a mystery, a crime story, a (hardboiled) detective novel short on gore and violence. A noir. Noir signifies a dark, morally complicated mood (the opposite of a clear struggle between good and evil). That doesn’t make it amoral (an accusation often thrown at me). The detective’s moral compass shifts as a result of introspection. Good is often tinged with bad, and attempts to do right go wrong. Exploitative characters can be sympathetic. It’s shadowy in noir; the lighting is low. But in low light you see things you don’t see in the bright.

The style is terse: that’s really me. Pithiness works to suggest meanings rather than lay them out. Mine is a rather anti-Enlightenment endeavour. You get glimpses of truths and they contradict each other.

402202_10150584228439511_1629372089_nSee what you make of The Three-Headed Dog. I published it on Amazon Kindle, but you don’t have to own a kindle device to read it. Links to free apps are right there. If you leave a few lines of review when you finish you make it likelier Amazon’s search machine will find and show the book to new readers.

I will be musing more about why and how I wrote this book. Leave questions here and I’ll try to answer them.

If you want to read more, subscribe to email notifications at the bottom of the right-hand column. If you were already subscribed, I’m sorry to say the earlier software broke and your address was lost, so take a few seconds to subscribe anew. The RSS feed is still A-okay.

-Laura Agustín, The Naked Anthropologist

Exchange on an anti-trafficking hotline

13_9_percent_increase_in_human_trafficki_2612620000_13473621_ver1-0_640_480High Hopes for refuge for human trafficking survivors seemed like just another story about small Rescue-Industry projects getting big funding and providing founders with lots of good feelings about themselves. I ran it on facebook poking gentle fun at the rustling pecan trees. After a few routine comments I got a call on the anti-trafficking hotline.

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I don’t think we missed any major points to be cynical about in this spoof of a person who makes a hotline-call to help police, not a victim. It was a spontaneous conversation, and I haven’t edited it to publish here.

e86054d100ce6529f45a589eacb43d80-w2041xNorma Jean Almodovar is author of Cop to Call Girl: Why I Left the LAPD to Make an Honest Living As a Beverly Hills Prostitute, published in 1994. She created and maintains Police Prostitution and Politics: Operation Do the Math, where she keeps track of FBI claims about sex-trafficking. ‘I do it because prostitution abolitionists can’t count,’ she says.

And the pecan trees keep on rustling. I’d sure like to get me some of that horse therapy.

Laura Agustín – The Naked Anthropologist

Research is not activism: And whose interests are at stake, anyway?

animeteamRecently Amnesty International voted to pursue a policy advocating the decriminalisation of sex work (sort of). If you were judging the issues by what Big Media told you, the debate was a clear pro-rights position versus an anti-prostitution position. The clash sometimes looked like Who gets to speak for women who sell sex? ignoring the men and transpeople and ignoring the considerable variation in experience amongst those who work in the sex industry. And, by the way, amongst those who used to work and now don’t.

Understanding the symbolic importance of the moment I kept quiet about aspects of Amnesty International’s proposal that are not good, and I know others who did the same. But behind the scenes, amongst rights activists, there was criticism of Amnesty’s draft. There were differences of opinion, some harsh words and some misunderstandings. As far as I know, there is never total agreement about what specific words should appear in any document attempting to define good law and policy that will support people who sell sex. If the outside world could see those differences of opinion perhaps fewer would believe anti-prostitutionist sloganeering about happy hookers and the pimp lobby.

But the differences always exist within a basic framework that understands selling sex can be experienced as work (nothing to do with personal happiness or what labels folks give themselves). The reductionist line about survivors versus a sexworker elite is daft. But on an occasion like the Amnesty vote, when 140-character tweets reign, most everyone unites in solidarity and sticks to a clear argument, in this case that decriminalisation makes sex workers safer.

One flurry of disagreement on an activist email list arose from an item published by a few academic researchers in Canada in support of Amnesty’s proposal. Some activists found the item to be victimising and disempowering for sex workers. Others did not. One statement got my attention, so I asked the author, Will Pritchard, if I could publish it here.

Research is not Activism

Will Pritchard August 2015

anime2Some researchers have gained the media spotlight claiming they have evidence showing that in places where sex work is a crime, sex workers are powerless victims, forced to work in isolation with no ability to negotiate safe sex, access medical services or organize collectively.

In response, some sex work activists are voicing dismay, arguing that sex workers organize themselves, promote safe sex and join the struggle for their freedom precisely in those places where they face criminal sanctions because sex work is illegal. 

The harm-reduction framework was built under the rubric of human rights. Having watched it develop in Canada in the late 1980s in response to criminalization of drug use and then spreading to other issues including sex work, I have decided that it actually erodes grassroots activists’ efficacy and role. This erosion is due in part to the fact that harm-reduction policies rely on ‘evidence’, and to get that we require research.

Some researchers conscript service agencies, advocates or individual workers to consult in the creation of research projects but often solely to provide legitimacy and address the ethical concerns in institutional review-board processes. Those consulted are rarely experts in research, and though I recognize the important part they play, if they are unaware of the history of the global struggle for sex worker freedoms, or lack a sex work analysis, their contributions become token. They may have limited or no capacity to provide strategic direction to the researcher.

Sadly, those sex workers who are subject to research often set their own personal interests aside and volunteer, under the mistaken belief that participation is for the greater good, or worse, that it is a form of activism. But research is not activism.

anime_heroes_promo_by_ryutokun-d4cmyy2Many grassroots activists and organizers are exasperated that they must now face the challenge of discovering the interests of those publishing research on sex workers. Who is funding the research and to what end? What is the researcher’s professional background and record for incorporating sex worker voices? This frustrating distraction hijacks activists’ bandwidth and is an example of the unintended consequences of research.

Researchers would do well to consider the reflexivity inherent in the harm-reduction framework, whereby evidence-based policy-making begets policy-based evidence-making – a meta-bias if you will. Based on the interests of the researcher, not the researched.

I believe that academics and other allies may have the best of intentions. But perhaps their interests do not actually align with the struggle for sex worker freedoms? They deserve to be questioned, challenged and criticized, since unintended consequences arising from the results of their research could well undermine sex worker freedoms in future, particularly in the domains of public health, justice and social science.

Sex worker activists speak from experience when it comes to unintended consequences. For example, the foundation sex worker activists built was never intended as a stepping-off point for academics to shift the focus of the struggle for freedoms to their own work in the form of ‘evidence’.

Research involving sex work is a job. Sex workers should supervise. And when sex workers say, Sit down, shut up and get back to work, researchers should listen.

Research is not activism.

In solidarity,

Will Pritchard

will-cowboyWilliam Pritchard has been an activist for sex worker rights for 25 years. As a young escort, he helped build a new kind of peer outreach program in Toronto and co-founded the Sex Workers Alliance of Vancouver. Will is a partner at Walnet Institute, an online arts and activism resource. He volunteers as a director for the Triple-X Workers’ Solidarity Association of British Columbia and is a member of the Canadian Union of Public Employees. He works as a city planner in Vancouver, Canada.

–Laura Agustín, the Naked Anthropologist

No, Virginia, This is not a study of The Underground Commercial Sex Economy

vance11e-1-webIn the last couple of weeks, on twitter, I tore into a piece of research funded by the US National Institute of Justice entitled Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities. During that time every media outlet in the world reproduced the claimed findings as if they were facts, despite how ridiculous most of them are. I made a few punchy points in an interview:

Q+A: Why Pimps Can’t Be Trusted to Talk About Sex Economics

Lauretta Charlton, Complex City Guide, 17 March 2014

Last week, the Urban Institute released a landmark study called Estimating the Size and Structure of the Underground Commercial Sex Economy in Eight Major US Cities. Its abstract states that “the underground commercial sex economy (UCSE) generates millions of dollars annually, yet investigation and data collection remain under resourced.”

The Institute’s research was focused on gathering information about the sex economy based on evidence in eight major cities across the US. The research relied heavily on interviews with pimps, traffickers, sex workers, child pornographers, and police. According to a quick recap of the study on the Urban Institute’s website, the major findings include:

  • Pimps claimed inaccuracy in media portrayals.
  • Pimps manipulate women into sex work.
  • Women, family, and friends facilitate entry into sex work.
  • Unexpected parties benefit from the commercial sex economy.
  • The Internet is changing the limitations of the trade.
  • Child pornography is escalating.
  • The underground sex economy is perceived as low risk. 

But critics say that the study is misleading and intentionally biased. It’s an oversimplification of what researchers like Laura Agustín, also known as the Naked Anthropologist, argue is a very complicated system. City Guide asked Agustín a few questions via email hoping to get a clearer picture.

In your words, how has this study misrepresented sex workers in America?

LA: It’s not a study about sex workers at all but rather an attempt to view particular sex economies through the highly limited lens offered by of convicted ‘pimps’. The study was designed in a way that assured bias from the start. Women who sell sex are seen as objects manipulated by Bad Men. There’s next to no information about sex workers.

The interview subjects were mostly black/minorities. How is this reflection of continued racism in America?

LA: Again, the bias was guaranteed when researchers chose to centre pimps, but the only pimps they could conveniently interview are incarcerated. Black men predominate in prisons and predominate in the kind of pimping researchers know about, so the study reproduces the usual racist idea that black men pimp white women. This then is made to seem to be the most important aspect of the sex industry, which is laughable.

How have reports of the study misconstrued the real issues at hand?

LA: Media reports uncritically accept and focus on the numbers provided in this study: which city has the biggest sex or drugs economy, how much money pimps earn. I haven’t seen any reporter ask why researchers accepted prisoners’ stories as fact. All interview research has to factor in the possibility that subjects lie; in this case that factor is very big indeed as prisoners can be expected to brag about their exploits.

Do you believe the issues of race and sex work are mutually exclusive?

LA: I’m not sure what you mean. People the world over take up sex work for thousands of reasons and are pulled into or attracted to it by their positions vis-à-vis class, race, ethnicity, gender. No single condition decrees how a sex worker will fare; to understand any individual you need to listen to their story.

Analyze this quote from the study, “They have a saying in the pimp game, ‘If it ain’t white, it ain’t right. If it ain’t snowing, I ain’t going.”

LA: Analyse? I’d say that’s a typical cocky man’s comment aimed at showing how in-control he is. Perhaps a black man said it to a white woman? In which case he was ‘snowing’ her.

***

Next Huffington Post Live did a brief show with four panelists using Google Hangout. The technology allows participants to interact verbally, but there’s no eye contact, which limits things. This was called Understanding The Modern Sex Work Industry (link expired).

Most of the critical commentary after this event centred on Dennis Hof’s screwy comments about unregulated sex workers’ having AIDS and being sex-trafficked, as he single-mindedly promotes the model of commercial sex he understands – his own Nevada brothels. More to the point, the show was meant to be about the Urban Institute study, but I doubt Hof ever even looked at it. This meant the already brief show lost focus. Still, because of twitter this small critique took place, which is a good thing.

Someone would have to pay me to write up a real critique of the Urban Institute study. The bottom line is researchers were funded by a crime-oriented agency to confirm everything the US government already does. Even sell-out researchers could not find the kind of horrible connexions between sex-drugs-weapons they wanted, but they admitted the possibility that things could be much worse than study shows (the Weapons of Mass Destruction ploy). I can imagine the study’s results leading to proposal for national-US antiprostitution law – ‘to facilitate policing’. Here’s a selection of tweets from 12-20 March 2014 (from @LauraAgustin). More like raw data, in no special order, hashtags removed.

“Estimating the Size and Structure of the Underground Commercial Sex Economy in 8 Major US Cities” Ludicrously banal
Urban Institute report on US sex economy is obsessed with pimps. In fact the report is about pimping, not the sex industry, not sexwork
This will become the Bible for End Demand. pimps are their sole interest.
Today news items worldwide shout about a badly biased US govt-funded study of pimping. Bad Men- what everyone loves
Headlines include “US pimps can pull in $33 000 a week” & “Street Gangs Deeply Involved In Commercial Sex Trade”. No sexworkers visible.
“Commercial sex trade widely segmented, the report found” Really? They call this study a first but it’s the last to say the most basic stuff.
“The focus is through the lens of imprisoned pimps & traffickers & those who put them behind bars” Barefaced bias that should be dismissed. Continue reading