Tag Archives: laws

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’. At the left 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

Sex work in fiction: Gorky Park, Moscow prostitution doesn’t exist

Militia detectives are at Kazansky Station in Komsomol Square, in Martin Cruz Smith’s novel Gorky Park. Cartier-Bresson’s 1954 photo shows the station at the left and surrounding traffic. Moscow prostitution may not have existed officially in 1977, when the story takes place, but sex work certainly did.

At 6 am entire Turkman families lay head to feet on benches. Babies with felt skullcaps nestled on soft bundles. Soldiers leaned slackly against the wall in a sleep so tangibly deep that the heroic mosaics of the ceiling overhead could have been their communal dream. Bronze fixtures glowed fully. At the one refreshment stand open, a girl in a rabbit-skin coat confided in Pasha Pavlovich…

A young soldier took Pasha’s place with the girl. She smiled through a rouge of vaseline and lipstick while the boy read the price chalked on the toe of her shoe; then, hand in hand, they walked out the station’s main door… Komsomol Square was blue before the dawn, the clicking candles of trams the only movement. The lovemakers slipped into a taxi. ‘Five rubles.’ Pasha watched the taxi pull out.

The driver would swing into the nearest side street and get out to watch for militia while the girl and boy went at it in the back seat. Of the five rubles the driver would get half and the chance to sell a congratulatory bottle of vodka to the soldier afterward; the vodka was a lot more expensive than the girl. The girl would get some sips, too. Then a return to the station, a tip to the washroom attendant for a fast douche, and overheated and giddy, she’d start all over. By definition prostitutes did not exist, because prostitution has been eliminated by the Revolution. Charges could be brought against them for spreading venereal disease, performing depraved acts or leading a nonproductive life, but by law there were no whores. – Gorky Park, 1981, p 151

Note there was no street uniform to indicate which women were selling sex: anyone in photos from the period could have been. The shoe marking was new to me. A website purporting to cover ‘sex in the Soviet Union‘ (before 1992) goes on about such identifying marks:

Prostitutes waited on the platforms of large suburban train stations. They sat with their legs stretched out and their prices written on the soles of their shoes, so that any passerby could check it out. There were two price levels for prostitutes in Moscow: either three or five rubles.

The girls usually could be found near the Prospect Mira subway station. They wore rings made of three-ruble or five-ruble bills. One was green, the other was blue, and it was easy to tell the price the girls were asking.

Prostitution politics are symbolic rather than functional: the laws as written do not ever reflect the presence, absence or predominance of commercial sex. This means looking at sex work’s mores (or habitus) can reveal much more. You learn more from good portrayals in fiction than from rote news items. Gorky Park is a perfect example of a book not about prostitution in which sex workers and clients express agency in the face of the law. Another way to think about this is what I call the Cultural Study of Commercial Sex. In this case, a culture of prohibition, secrecy and resistance through codes is shown: perfectly apt for Soviet times.

-Laura Agustín, the Naked Anthropologist

Social-Problem novels and The Three-Headed Dog

StokeNewingtonFeb2017I was interviewed in an old pub in Stoke Newington next to a photo-plaque memorialising Writers and Reformers.* I suppose it was by chance, but maybe not.

Campaigners for equal rights and other freedoms don’t talk about reform anymore, but if it’s not revolution they want then technically it is reform. According to this western worldview, we are moving in a stream of time called Progress towards – something if not Utopia then always fairer, healtheir and wealthier all the time.

In the 19th century in northern Europe and North America, there was a movement of writers to expose social injustices through novels, with the goal of reform. They thought that if more people knew about injustices wrought upon the poor, women and children, then readers might add to pressure on government elites to reform laws. It was consciousness-raising about the suffering of others: The books were aimed at middle-class readers.

2940012004093_p0_v1_s260x420Protest novel, social novel thesis novel, propaganda novel, industrial novel, working-class/proletarian novel, condition-of-England novel: all describe the works of writers including Mary Gaskell, Harriet Beecher Stowe, Victor Hugo, Émile Zola, Charles Dickens and, in the 20th century, John Steinbeck, James Baldwin, Nadine Gordimer and many more.

Critics argue about whether their social visions portrayed the truth and whether the authors really blamed structural problems or were more interested in individual character. On the literary front, too much protest can work against story-telling and other aesthetic qualities, leading to criticism about the novels being insufficiently literary. Other distinctions include

The value of Condition-of-England novels lies primarily not in their fictional plots, social analyses, and recommended solutions but primarily in first-hand detailed observations of industrialism, urbanism, class, and gender conflicts. – The Victorian Web

I’m not a fan of drawing lines to distinguish between Real Art and everything else; I think you can have activist purpose and write beautifully at the same time, just as you can write nicely and have nothing much to say. The observations you make may feel significant to readers or not. Trends of the moment play a part: at the particular time in which I’m writing this, critics may introduce the idea of Cultural Appropriation, which suggests that outsiders should not write about social injustices they have not themselves lived.

sinclair - jungle bindingTo protest it may be enough to produce a portrait of how bad things are. To believe that reform is possible you need to be clear about what would constitute improvement. A novel about children forced to work in satanic mills might call for better working conditions for them or, alternatively, claim their right not to work at all but rather be allowed to enjoy ‘childhood’. To qualify as a reform-novel you may need to propose concrete solutions that can be formed into laws.

Agustin-TheThreeHeadedDog-14001-250x400The Three-Headed Dog portrays life in underground economies amongst undocumented migrants, smugglers and sex workers, in a particular time and place: Spain in the early 21st century. After observing events surrounding undocumented migration and prostitution law for so many years, I got tired of being annoyed by the pontificating on policy and morals from people who seemed not to know many realities. To participate in mainstream debates one is pretty well forced to accept the framework of whoever’s funding the event or publication. The frameworks are never what I would choose myself.

Writing stories is a way to show how things are without being caught up in these alien frames. It is also a way to portray some of my own life, what I look at and care about. But not with avid activist purpose: in my case it’s about allowing ideas to float up from the depths and shape themselves into readable stories. Without calculating if they will be saleable, not taking advice about how to spin the ideas so they’re more palatable to policymakers or listening to the many well-meaning intermediaries who have counseled me to change things.

In the early years after Sex at the Margins came out I tried to talk about how labour policy might be linked to migration policy here and now (in the European Union and everywhere else). Seldom did interviewers follow this up, asking instead for me to rate competing prostitution laws (oversimplified into decriminalisation, ‘legalisation’ and penalisation of buying sex). Since then, policies on undocumented migration and what’s called trafficking have worsened.

But I resist. Resistance is still an option, the refusal to accept alien framings, perhaps the concept of debate itself. I wouldn’t call The Three-Headed Dog a Social-Problems Novel, but not because it’s written inside a crime or noir genre. I’d say rather because I don’t propose policies that might improve the wretched mess. At this moment I want more of the realities to come out – in a fuller form, with space for anthropological observation and literary emotion. So that a few readers somewhere may see into lives they otherwise never get to hear about. [This leads to ideas about what Education is, but enough for now.]

* In the pub plaque: Samuel Rogers, Anne Laetitia Barbauld, Mary Wollstonecraft, John Howard, Edgar Allen Poe and Dr Isaac Watts (none a known social-problem novelist)

-Laura Agustín, the Naked Anthropologist

End Demand: the B movie

KNXV prostution billboard in Phoenix_1440736368256_23312196_ver1.0_640_480

It has all the earmarks of a tearjerker. The billboard erected in Phoenix, Arizona, by anti-prostitutionists looks like artwork for a 1940s paperback cover or poster for a low-budget movie. I wish I knew what specs were given the artist. I wonder if End-Demanders in the Cease network (Cease – get it?) consciously evoke out-of-date style in hopes that viewers will associate the message with Ye Olde Nuclear-Family Values.

liptearsExamples of the classic posture can be found in two seconds of searching, because Sad Women abound, including with hand to forehead. Like pearl-clutching, forehead-clutching is a classic. But with a man as subject? Not so easy, no siree. Men look solemn, fierce, outraged. The only readily-available male face looking this sad (minus the B-movie forehead business) is in Brokeback Mountain publicity, where the theme was Have Sex – Lose Everything, rather than buy sex. It seems that only sex can make men feel truly sad – or is it only men who have sex with men?

ennis

We do not know whether Lose-Everything man is sad because he has to lose all the sex he would have bought, if he had been permitted to, or because of all the sex he might have had with his wife and will now never have. Because obviously the wedding ring is going to go.

But besides the hilarious picture we have notworthit.org for those curious to know more. Could any domain-name be sillier? I feel someone may be attacking End Demand from within. A few years ago we saw a roving billboard in London that does not have the making of a B movie. The message was Buy Sex – Pay the Price, but the male figure portrayed looked more like a Cainesque Bad Boy than sad.
LambethLorry

Sure, moralists who wish everyone would keep their sexual tastes under wraps are easy to mock. But the Phoenix billboard moves into the realm of self-parody, providing an object that will maybe strike ordinary people as too wacky to even think about. That’s a good thing.

–Laura Agustín, the Naked Anthropologist

Sweden and prostitution law: the conditions of possibility

redup2The idea of criminalising the purchase of sex continues to be promoted round the world, usually as part of some politician’s campaign against immoral sex and the exploitation of children, with a subtext aimed at keeping women at home and migrants out. Sweden’s law is thrown out as the model, along with claims that prostitution is practically absent and trafficking nearly non-existent there. Neither of these has been proven. To explore this sort of claim, see tags to the right of this post (sweden, nordic model, laws, gender equality, for example.)

The banning-sex-purchase proposal has been made in countries as far away from Sweden as Brazil and India. Presented abstractly it sounds clear, simple and righteous. But local context and history make a big difference in how a proposed law can come to pass and operate on the ground (as opposed to in starry rhetoric). The Swedish context is unusual in the world, the conditions making this law (sexköpslagen) possible difficult to imagine outside the Nordic region. Nothing slapdash nor sudden was involved but rather deep history in a particular culture. This is not true of other countries that jump on the bandwagon because some politicians see their chance to make names based on simplistic moralising.

The following is an excerpt from a longer article I published a few months ago on the dysfunction of prostitution laws, the idea of whore stigma and the disqualification and actual murder of sex workers. For those who ask Where did the Swedish model come from? How could feminism have led to it? this provides a short version of what might be called an épistème – the epistemological field forming the conditions of possibility for knowledge in a given time and place.

Sweden and prostitution (from Prostitution Law and the Death of Whores, Jacobin, 15 August 2013)

The population of only nine and a half million is scattered over a large area, and even the biggest city is small. In Sweden’s history, social inequality (class differences) was early targeted for obliteration; nowadays most people look and act middle-class. The mainstream is very wide, while social margins are narrow, most everyone being employed and/or supported by various government programmes. Although the Swedish utopia of Folkhemmet – the People’s Home – was never achieved, it survives as a powerful symbol and dream of consensus and peace. Most people believe the Swedish state is neutral if not actually benevolent, even if they recognize its imperfections.

After the demise of most class distinctions, inequality based on gender was targeted (racial/ethnic differences were a minor issue until recent migration increases). Prostitution became a topic of research and government publications from the 1970s onwards. By the 1990s, eradicating prostitution came to be seen as a necessary condition for the achievement of male-female equality and feasible in a small homogeneous society. The solution envisioned was to prohibit the purchase of sex, conceptualized as a male crime, while allowing the sale of sex (because women, as victims, must not be penalized). The main vehicle was not to consist of arrests and incarcerations but a simple message: In Sweden we don’t want prostitution. If you are involved in buying or selling sex, abandon this harmful behavior and come join us in an equitable society.

Since the idea that prostitution is harmful has infused political life for decades, to refuse to accept such an invitation can appear misguided and perverse. To end prostitution is not seen as a fiat of feminist dictators but, like the goal to end rape, an obvious necessity. To many, prostitution also seems incomprehensibly unnecessary in a state where poverty is so little known.

These are the everyday attitudes that social workers coming into contact with Eva-Maree probably shared. We do not know the details of the custody battle she had been locked in for several years with her ex-partner. We do not know how competent either was as a parent. She recounted that social workers told her she did not understand she was harming herself by selling sex. There are no written guidelines decreeing that prostitutes may not have custody of their children, but all parents undergo evaluations, and the whore stigma could not fail to affect their judgements. For the social workers, Eva-Maree’s identity was spoiled; she was discredited as a mother on psycho-social grounds. She had persisted in trying to gain mother’s rights and made headway with the authorities, but her ex-partner was enraged that an escort could gain any rights and did all he could to impede her seeing them. The drawn-out custody process broke down on the day she died, since standard procedures do not allow disputing parents to meet during supervised visits with children.

In a 2010 report evaluating the law criminalizing sex-purchase, stigma is mentioned in reference to feedback they received from some sex workers:

The people who are exploited in prostitution report that criminalization has reinforced the stigma of selling sex. They explain that they have chosen to prostitute themselves and feel they are not being involuntarily exposed to anything. Although it is not illegal to sell sex they perceive themselves to be hunted by the police. They perceive themselves to be disempowered in that their actions are tolerated but their will and choice are not respected.

The report concludes that these negative effects “must be viewed as positive from the perspective that the purpose of the law is indeed to combat prostitution.” To those haunted by the death of Eva-Maree, the words sound cruel, but they were written for a document attempting to evaluate the law’s effects. Evaluators had been unable to produce reliable evidence of any kind of effect; an increase in stigma was at least a consequence.

Has this stigma discouraged some women from selling sex who might have wanted to and some men from buying? Maybe, but it is a result no evaluation could demonstrate. The report, in its original Swedish 295 pages, is instead composed of historical background, repetitious descriptions of the project and administrative detail. Claims made later that trafficking has diminished under the law are also impossible to prove, since there are no pre-law baseline statistics to compare to.

The lesson is not that Sweden’s law caused a murder or that any other law would have prevented it. Whore stigma exists everywhere under all prostitution laws. But Sweden’s law can be said to have given whore stigma a new rationality for social workers and judges, the stamp of government approval for age-old prejudice. The ex-partner’s fury at her becoming an escort may derive in part from his Ugandan background, but Sweden did not encourage him to view Eva-Maree more respectfully.

Some say her murder is simply another clear act of male violence and entitlement by a man who wanted her to be disqualified from seeing their children. According to that view, the law is deemed progressive because it combats male hegemony and promotes Gender Equality. This is what most infuriates advocates of sex workers’ rights: that the “Swedish model” is held up as virtuous solution to all of the old problems of prostitution, in the absence of any evidence. But for those who embrace anti-prostitution ideology, the presence or absence of evidence is unimportant.

***

Some of the immediate questions you might have, for instance on Gender Equality and State Feminism, are addressed in the full essay Prostitution Law and the Death of Whores. This kind of background is, of course, not interesting to everyone, and most of what I see on the topic talks about the law as Bad or Good. Discussions typical in parliamentary committees like the Irish are silly because they opt to accept banal lists of supposed successes in Sweden without acknowledging the difficulties of knowing effects at all. Activists on both sides tend to over-state their cases – practically the definition of much activism in social movements. For anyone interested in history, though, the background is crucial, and it can be seen as good news that it’s not so easy to simply transfer the logic of a law from one country to another: that kind of homogenised culture is not here yet.

Proof of the law’s effects are mostly unknowable so far. The state’s evaluation of the law in 2010 admitted ignorance of how to investigate commercial sex online and gave numbers only for street prostitution. This was a tiny number to begin with describing an activity that is diminishing. Claims that sex trafficking have decreased are meaningless since no baseline statistics were kept on this before the law was passed. The claims of eradicating either phenomenon are public-relations trivia. That politicians in other countries reproduce these claims in supposedly serious hearings demonstrates mediocrity and lack of interest in the subject. As I said above, the principle effect we can be sure of is

Sweden’s law can be said to have given whore stigma a new rationality for social workers and judges, the stamp of government approval for age-old prejudice.

Increases in stigma, social death and excuses to disqualify women who sell sex as autonomous beings are dire effects to a piece of legislation that emerged from a goal to achieve Gender Equality. Utopian visions can backfire, and this one has.

For another of my views of Sweden’s present State Feminists see Extremist Feminism in Swedish government: Something Dark

–Laura Agustín, the Naked Anthropologist