Tag Archives: laws

The Witches of Manningtree: A Walk on the River Stour

PUBLIC NOTICE: I’ve become a qualified tour guide. Not because I want to take tourists to see the changing of the guard or other typical tourist delights but because I’ve been an inveterate walker all my life and I like talking about pieces of the past other folks might not know about – while walking. You can see me doing it in this photo from my first paid walk, and you can read more about it on the page called London Walks. My fists are out because I was demonstrating a method for ‘swimming’ women accused of witchcraft.

This walk was led along with Rob Smith, a longtime guide and friend. In the past year we have become enamoured with estuaries in the county of Essex – sprawling tidal rivers that end at the North Sea. The landscape can be spectacularly bleak when the tide is out and all is mud.

The co-leading project started last year when we were walking in Manningtree and Mistley, two small towns on the south bank of the River Stour. Various signs portrayed a man named Matthew Hopkins, who had a brief but nasty career identifying witches in East Anglia in the 17th century. You may remember him as the villain played by Vincent Price in the 1968 horror film Witchfinder-General. Price was nearly 60 when he played the actually only 24-year-old Hopkins, but Never mind, villains who cruelly misuse innocent women are a classic trope, and good fun was had by all watching the movie.

What happened was Rob began making comments about Hopkins and witches, and I kept saying Er, not really, it was more like this or that, and suchlike. Because in my decades of studying the victimising of women I must have thought as much about witches as about prostitutes. The walk proceeded to other things, but towards the end Hopkins reappeared as one-time landlord of a pub with a misleading plaque about him on the wall. I objected, and we discussed it some more, and eventually Rob suggested we do a walk on it.

My stops, as they’re called in the trade, addressed the witch craze. But instead of centring Hopkins I focused on three women accused of witchcraft: Anne and Rebecca West of Lawford and Elizabeth Clarke of Manningtree. We know a few facts about these women because they were accused, charged and tried, and two of them were hanged.

The backdrop to this witch craze was the English Civil War, which for the Parliamentary side (Roundheads) was a moral crusade. For them the Reformation had not gone far enough; war was required to establish true religion and halt the roman catholic back-sliding of Charles I.

The two-guide walk began on a recent Saturday in the village of Lawford, whose church bears the scars of iconoclasm: sculpture with heads smashed in by Roundhead troops or locals offended by objects associated with old bad ways (click on the picture to see the smashes).

By the mid-17th century numerous Protestant groups had disassociated themselves from the established church of England; they are often grouped together as Dissenters or Non-conformists. But there was one group more passionately attached to this war than others: the Puritans. In East Anglia and Essex, Puritans were numerous and powerful. Their goal was to purify England’s religion; it was a struggle against the anti-Christ that entailed finding and rooting out those in league with the devil.

In the atmosphere of insecurity and mistrust that reigns in civil-war societies, paranoia about the neighbours easily comes to seem normal. This is the context in which a wave of witchcraft accusations swept through the Manningtree area. Witchcraft had always been considered a fact of life: that some people have the ability to damage others by wishing them evil. Demonology was a popular topic; James I had written one of his own.

Many able and intelligent men had left their villages to fight in the war. Women left behind were viewed according to marital status: Wives enjoyed the legal protection of their husbands; widows had rights. But singlewomen, the term used for the never-married, were thought to be morally weak, uncontrolled and unreliable, making them quite vulnerable to exploitation.

There is also a sexual component: Puritans wanted to suppress activities previously seen as acceptable, like theatre, dancing and sex outside marriage. They saw these behaviours as evidence of ‘witches’ sabbaths’: carousing and sex with the devil. Young women like Rebecca were easily viewed as dangerously lustful.

The witch-finding described here took place between 1644 and 1647 within a legal framework. Three acts had been passed in the previous century: in 1542, 1562 and 1604. But for the law to proceed against anyone, someone had to make an accusation against them, citing a specific harm done.

Anne and Rebecca West had a history of tiffs with their close neighbours, the Harts, and now Prudence Hart said she suffered a painful miscarriage and paralysis at the hands of Rebecca. Thomas Hart said their son had died crying Rebecca’s name, and Anne was accused of causing a boy’s death some years earlier.

In Manningtree, just to the east of Lawford, a man named John Rivet accused 80-yr-old Elizabeth Clarke of bewitching his wife. Elizabeth said she was a witch and knew other witches, but she wouldn’t name them. Remember that the word witch could connote good powers as well as bad, and a woman who knew herbs and felt spiritual, clairvoyant or intuitive did not have to be ashamed of it. Some folks were called white witches, good witches, blessers, wizards, sorcerers and cunning or wise folk. But the news of Clarke’s confession was taken to a local landowner, John Stearne, who took it to magistrates. They gave him permission to investigate Clarke. Matthew Hopkins, son of a Suffolk minister, had moved to Manningtree and volunteered to help Stearne. Both men had read the many treatises against witchcraft and believed in the evil.

In her confession Clarke implicated other women including Anne and Rebecca West. All three women were accused of entertaining demons in the shape of small animals called familiars, or imps. Cats, dogs, rabbits, frogs, ferrets, owls appear in pictures of the time. Stearne and Hopkins watched Clarke for three nights and said they saw her familiars. Under the 1604 Act Against Witchcraft, the keeping of familiars was punishable by death.

Investigations consisted largely in interrogating women to get them to confess to pacts with the devil. They were walked up and down night after night to prevent their sleeping. Respected women of the town were given the job of searching the accuseds’ bodies looking for ‘devil’s marks’ or ‘teats’ their familiars were thought to suck blood from. The marks were searched for and found between women’s legs, using a metal pricking device. The test was said to be that if women didn’t scream in pain when pricked on a teat then they must be witches. But the tool was spring-loaded so the pricker could be retracted into the handle, meaning women didn’t scream – which constituted evidence of being a witch. [This device is on display in Colchester Castle.]

A number of local women became expert searchers. Mary Phillips was a Manningtree midwife who accompanied Hopkins and Stearne when they began travelling. The focus on marks was a hallmark of English trials.

Accused women were also tested by ‘swimming’ in a pond, tied crossways (opposite thumbs to big toes) and held by a rope under their armpits so they could be dragged in and out of the water. Since it was believed the pure element of water would reject evil, floating was believed to be a sign of guilt. But the men wielding the rope would have had good control over this test, and it is this specific practice that provoked most opposition to the witch-finders. Parliament eventually forbade the use of swimming in these investigations.

Hopkins called himself Witchfinder-General and had local support, but he had no mandate from parliament. It’s useful to remember that at this period there was no institution of police, so individuals’ taking it upon themselves to catch criminals was normal. In the legal framework, however, neither he nor Stearne could decide to investigate on their own initiative: there had to be an accusation from an ordinary citizen. What the two men did is awful, but neither of them has struck me as particularly fiendish or even interesting. By offering to investigate they gained power and status and some money, but the amounts weren’t enough to make them rich.

Word of the investigations spread, and Hopkins and Stearne were invited to other towns: to so many places over a short period that it merits being called a witch craze, the term usually used about the phenomenon in European countries. Amounts are recorded in the towns of Aldeburgh and Stowmarket in Suffolk and Kings Lynn in Norfolk that were paid to the men to clear the towns of witches.

There were doubters, and in some East Anglian places opposition nipped witch-finding in the bud. For this to happen there had to be male authority-figures present who dared to scoff. A minister named John Gaule of Great Staughton in Huntingdonshire objected that parishioners were talking more about witch trials than about God and made it clear that witchfinders were not welcome. Hopkins was questioned at the Norfolk Assizes about his methods and about how was it that he was able to detect witches: was he something special? This led to his publishing a defence, The Discovery of Witches, where he answered criticisms point by point. The bible was quoted: Thou shalt not suffer a witch to live. (Exodus 22:18).

But his chief defence was that he and Stearne only went where they were invited. Even in Manningtree Hopkins and Stearne couldn’t have succeeded without support: at least 100 witnesses testified against accused women. Eventually 36 women from the Manningtree area (the Tendring Hundred) were arrested on charges of witchcraft and imprisoned in ghastly conditions in Colchester Castle. Four died of plague. Hopkins travelled there to get Rebecca West to tell him about witches’ sabbaths attended by the group: This would be proof they were in league with each other. Rebecca gave him what he wanted.

The women were taken to Chelmsford Assizes to be tried. Elizabeth Clarke and 31 others were convicted and hanged there. Four of the convicted were brought to the village green in Manningtree and hanged: Anne West was one of them. Rebecca was spared, having testified against her mother. Did Anne advise Rebecca to save herself? Did Hopkins offer her a deal?

To me the fundamental question is how could it become common and acceptable to accuse your neighbours of witchcraft knowing death was the penalty? The county of Essex accounted for 59% of witchcraft prosecutions, and another large per cent occurred nearby. During the Hopkins-Stearne trials some 250 witches were accused and at least 100 were hanged.

Hopkins’s death at age 26 in August 1647 is recorded in the Mistley parish register; Stearne said he died of consumption. He was buried in a churchyard now decrepit, and his ghost is said to haunt a nearby pond. In the face of growing opposition Stearne found he had other things to do, though he also published a treaty on witchfinding. He then retired, and the craze fizzled out.

Novels written by historians can often illuminate sketchy history, bringing unknown persons from the past to life. I can recommend A. K. Blakemore’s novel The Manningtree Witches, in which Rebecca is the principal character. After the hangings she leaves town and travels to London, surely a likely outcome after what she’d been through. Blakemore then has her getting a ship to the New World. Since the destination could well have been Massachusetts, already settled by many Essex Puritans, word of who she was would follow her, making this quite a charged proposition. She could easily have become a prostitute, though.

What I’ve recounted here took place on a walk through rolling countryside on the eastern edge of Dedham Vale (Constable country), on paths Rebecca and Anne would have trodden, then along the River Stour at high tide with a classic beach-scene in progress, and on streets where 16th- and 17th-century houses are masked by Georgian facades. Rob talked about other periods, including Richard Rigby’s failed attempt to make Mistley a spa in the 18th century. We saw Robert Adam-designed towers and late 19th-century factory buildings and pubs where Hopkins and Stearne could have met with locals to gossip. We all stopped for a drink in one that’s next to the green where Anne West was hanged: the darkest moment in the walk, but somehow more meaningful because you are actually there. We stopped at the kind of pond where ‘swimming’ would have been carried out, which you see me describing in the photo at the start.

Many dismiss the events I’ve described as being nowadays unthinkable superstitious hooey. Hangings aside, I can personally think of several similar crazes that have happened in my lifetime that punish innocent-enough individuals, which you can read about in posts on this blog going back to 2008.

Note about sources: I’ve been able to see assize-court records, as well as mass-printed news pamphlets, which is where ordinary people would have become familiar with names, accusations and hangings and seen wood-cuts depicting witches’ activities. Those were the popular media of the time. I read many scholarly works giving statistics and interpreting events in various ways. As for focusing on the accused women, I’m far from the first person to do it. In the course of my research I was given two walking brochures by Alison Rowlands at the University of Essex that centre victims, created by a number of local Essex women. One is called Walking with WitchesAlison also gave me the name of a former student, James Cundick, who made maps of Hopkins and Stearne’s travels, as well of those of William Dowsing, the Iconoclast-General in charge of smashing down popishness in churches. In the screen-capture above, taken from James’s map, you see the area I’ve been talking about. All these sources helped me put together my own ideas. Thank you James and Alison.

I took the photo in Lawford church, Rob took the other photos, and I believe the various woodcuts and early printings are in the public domain. If they’re not, please let me know.

Yes we’ll offer the walk again, and we’re getting another estuary walk ready now. Yes my own walks will be in London; I’m working on those. Subscribe to this blog and you’ll find out. Leave any questions or comments below and I’ll respond.

–Laura Agustín, the Naked Anthropologist

Snake Oil: A Memoir on the Rise of ‘Trafficking’

­When future historians try to understand what ‘trafficking’ meant in the first 20 years of the 21st century, I hope this memoir gives them pause. Recording how my questions about migration from 25 years ago coincided with the rise of a thing called trafficking as major social issue, this piece is both personal and political.*

­Snake Oil

Swindle, chicanery, skullduggery, con. There’s no one perfect word to describe how trafficking came to be hailed as one of the great problems of our time. Excess in rhetoric has known no bounds, with campaigners saying theirs is the new civil-rights movement and claiming there are more people in slavery today than at any time in human history, amongst ever-intensifying hyperbole.

And there was me thinking it was about folks wanting to leave home
to see if things might be better elsewhere.

The outcry had begun in insider-circles when I stumbled onto the scene in the mid-1990s, but I didn’t know the lingo or even what ideology was. Novels were my reading, not social theory. I hadn’t ‘studied’ feminism but felt myself to be part of a women’s movement since the early 1960s. I believed I was asking reasonable questions about a puzzling social phenomenon and refused to be fobbed off with explanations that made no sense. My trajectory as a thinker happened to coincide with a piece of governmental legerdemain that switched the topic of conversation from human mobility and migration to organised crime, like peas in a shell game.

At the time I was thinking about how so many, when faced with adversity, decide to try life in new places. I was not specially disrespectful of laws, but, like most migrants, didn’t feel that crossing borders without paper permission was a criminal act. I had no preconceived notions about prostitution; the women I knew who sold sex, poor and less poor, understood what they were doing.

For a while I had a job in an AIDS-prevention project in the Caribbean and was sent to visit parts of the island known for women’s migrations to Europe, where they would work as live-in maids or prostitutes. I visited small rural houses where daughters living abroad were money-sending heroes. At a film showing migrant women being beaten up by Amsterdam police, campesina audiences scoffed: their friends and relations in the Netherlands told the opposite story. A funding proposal I worked up for improving the experiences of migrants was returned with everything crossed out except ‘psychological help for returned traumatised victims’, an element I’d never included in the first place.

At a daylong event in Santo Domingo that was organised by black bargirls who called themselves sex workers, I sat in the last row. After a series of testimonies by the women and expositions by local legal experts, a speaker appeared who was said to have flown in from Venezuela. Addressing herself to the women in the first row she said ‘You have been deceived. You are not sex workers; you are prostituted women’.

I was horrified: How could she be so rude to her hosts? Someone said she was a member of the Coalition Against Trafficking in Women, but I didn’t know what that meant. From my place at the back I couldn’t see the bargirls’ reaction, but no angry words or protest ensued, perhaps because at that somewhat formal event a certain middle-class respect held sway.

A couple of years later, working in Miami as a secretary, I got on the Internet. When I finally learned how to search properly, I connected to a forum of escorts and activists who seemed to be on my wavelength about selling sex. Advocates of rights, they spoke about their personal experiences, and while they didn’t share the migration context, their feelings about this livelihood were the same as those of migrant women.

So now I was really puzzled: Where did the disparity of ideas about prostitution come from? What was the uproar about? What about the women I knew? No one was talking about migrants. When I set out to read about them, I found nothing at the public library.

To cut the story short, I ended up in a Master’s programme in something called International Education, which led to my first visit to a university library, call-number for prostitution in hand. Books with this number stretched from the top shelf to the bottom and up and down again into the distance. Beginning at the first book I began to read, but it didn’t take long for the books to seem indistinguishable. I began to riffle though tables of contents and key chapters, looking for discussions of my common-sense questions. When I found nothing, I wondered how there could be so many books so short on actual information. No one like my friends was ever mentioned, migrant or not. Something strange was going on.

For fieldwork purposes I proposed a short ethnographic stint in Spain, where I’ve often lived, amongst migrant women selling sex. One application for funding got me onto a shortlist, but at the interview by a committee, a political science professor slapped my proposal impatiently. ‘These women’, he jeered. ‘How do they get there?’ ‘In airplanes’, I replied.

My limited but grounded experience was whole discourses away from how such academics had begun to talk. Later I was told he was acquainted with Kathleen Barry, whose books hating prostitution had figured in my reading.

This was my first experience of bias based on my having framed the subject wrong: rather than Migrant Women Selling Sex, my proposal should have been titled Trafficked Women. I know this now, but at the time I was only mystified.

@rigels, Unsplash

Soon after, I was invited to speak at an event for International Women’s Day to be held in the community centre of a small New England town. Someone had to drive me hours through heavy snow to get there, but upon arrival we were told my name had been removed from the agenda. Some influential person, probably an academic, had been outraged that I’d been invited, but I never met them, knew their name or received an apology. This was my second experience of bias against my way of thinking.

After that, I lost count.

In 1998, I was invited to join the Human Rights Caucus at meetings to draft protocols to the UN Convention against Transnational Organised Crime. My ideas were welcome to this group, but I said no, because I still believed there was a misunderstanding. I thought there must be women I hadn’t met who could be understood through this concept of trafficking, and since I wasn’t studying them I saw no reason to get involved.

But as time went on and I presented my work here and there, I realised we were all talking about the same thing: women who leave home and make a living selling sex, in a variety of circumstances. But where I was describing how they try to take control of their lives, others were denying them any part in their fate. In the process of defining women who sell sex as victims, all differences in experience were being erased. I considered the result to be the antithesis of interesting and meaningful intellectual work.

I had set out to understand the disconnect between what I saw around me, amongst my friends and increasing numbers of acquaintances who were selling sex and how they were discussed by outsiders. At the end of the Master’s degree I had inklings of what was going on but hadn’t answered my original question: Why were women who opted to sell sex such a source of discord? And the corollary: Why were so many vowing to save women from prostitution?

Rather reluctantly, I pursued these as a doctoral student in Cultural Studies in England, but I spent several years in Spain doing the field work. My research topic was not migrant women, since there was no mystery to me about what they were doing. Instead, my subject was those social actors who professed to help migrants and sex workers, in governmental, NGO and activist projects. They were my mystery. When I started in 1999, none of them were talking about trafficking, but polemic about prostitution was ubiquitous.

In 2000, the editor of a migration-oriented journal in Madrid invited me to write about migrants who sold sex, sin polémica (without polemic), because by now outraged ranting was the only tone heard in public. By this point I was observing in a consciously anthropological fashion, so her requirement suited me. The resulting article, Trabajar en la industria del sexo (Working in the sex industry), led to a high official’s infiltrating me into an event held by the Coalition Against Trafficking in Women, to spite an abolitionist rival. Although I had no intention of making my presence known, I did attend, and for one long day listened to the ravings of some of the world’s most well-known anti-prostitutionists.

I won’t forget how Janice Raymond narrowed her eyes and dropped her voice when denouncing those who disagree with her fanatical abolitionism: ‘There might even be some of them in this room’, she said.

I backed against the wall where I was standing, wondering if she knew I was there. Later they trooped into a luxurious salon for smug feasting on elegant canapés and wines, inside the hyper-bourgeois Círculo de Bellas Artes.

When the Palermo Protocols were published I saw the human-rights group had managed to limit the damage, but I was glad I had decided to stay away from meetings to draft them. While trying to understand the humanitarian impulse to ‘help’ the poor I had appreciated Cynthia Enloe’s work showing how ‘womenandchildren’ are treated as an indistinguishable mass of helpless objects. Now here these objects were, enshrined in a trafficking protocol that scarcely acknowledged women as migrants, while migrant men exercised agency in the smuggling protocol.

It was soon obvious to insiders that the situating of migration- and sexwork-issues within the ‘organised crime’ framework was a fatal event that would determine the nature of all conversation afterwards. Many who believed distinctions between smuggling and trafficking could be maintained and the trafficking concept kept within bounds soon threw up their hands. Ever more activities were said to be trafficking, causing numbers of presumed victims to skyrocket.

My counter-narrative formed part of a calm and conventional report on migrant women’s jobs in Spain carried out by a collective of Madrid sociologists glad to have someone to do the sex-work section (2001). A few years later Gakoa published my various writings so far in a book called Trabajar en la industria del sexo, y otros tópicos migratorios (2001, Working in the sex industry, and other migration topics). I was reaching an audience skeptical of the news they were being fed in mainstream media about migrant women.

Trafficking became a big-time crime issue not because of its truth but because it served governments’ purposes. The interminably warlike USA loved a reason to go after bad men of the world on the excuse of saving innocent women. European states got justification to tighten borders against unwanted migrants. The UK could pretend it was going to be the new leader of anti-slavery campaigning just as their empire comes to an end. The UN was authorized to set up numerous new programs and initiatives. A range of other governmental entities benefited; Interpol and many police services were able to expand to new areas of ill-informed expertise.

And then the NGO sector began to sign up to this infantilisation of women, just as if we were living hundreds of years ago, when East End social workers set out to raise the fallen women of London. Even Hollywood actors jumped on the bandwagon as ambassadors claiming to be ‘voices for the voiceless’. The urge to Rescue was mainstreamed.

Meanwhile, I finished the PhD and put the thesis away. For several years I ignored a contract I had signed with Zed Books to publish, because I’d answered my own questions and didn’t imagine others would be interested. Eventually I changed my mind and edited the thesis to become accessible to more readers. When Sex at the Margins: Migration, Labor Markets and the Rescue Industry came out in 2007, it spoke to a growing social controversy and, rather than die the usual quick death of even quasi-academic volumes, has continued to sell, as relevant now as it was 13 years ago – alas. This was the birth of the term Rescue Industry. Mainstream media were interested; I wrote for some established news sources.

By 2010, when the BBC World Service invited me to speak at a televised debate on trafficking at an event sponsored by Madame Mubarak in Egypt, anti-trafficking had taken over the airwaves. But 50 minutes called ‘debate’ needed drama, and so far the panel was composed of guests all singing the same Rescue tune. I demurred: Why would I subject myself to such nonsense? Everyone would hate me – No. Then they said I could bring a friend, and I gave in, ending up on a stage in the Temple of Karnak. I managed to keep a straight face at the piffle flowing forth until Siddharth Kara’s pretence of expertise made me laugh out loud, causing Hollywood actors Mira Sorvino and Ashton Kutcher to rise from their seats in the audience to deplore me and deplore the BBC for having me. The meaning of the word ‘debate’ had escaped them. Symbolic, really.

Nothing that has happened since has changed my mind about the Protocols. A complex situation was deliberately obscured by governmental actors who set up a straw man so frightening scads of educated liberal folks were bamboozled, and through heavy financing and institutionalisation of programmes the fraud continues. I do not refer here to what is called moral panic, though that helps explain how the general public got caught up in the frenzy. I’m referring to the cynical selection of a fake tragic and terrifying cause as governmental policy.

Mechanisms to frame policy based on lies are not uncommon: a similarly egregious recent case involved ‘weapons of mass destruction’ that didn’t exist. And just as hardcore war was waged based on that lie, softcore belligerence has been endlessly launched at migrants and women who sell sex, via the claim that everyone who facilitates a trip is a criminal, everyone who buys a trip is a victim and every prostitute must be rescued. Embarrassing mainstream pundits like the New York Times’ Nicholas Kristof elide all kinds of commercial sex with trafficking, in an undisguised campaign against prostitution that allows them to take imperialistic jaunts such as live-tweeting brothel raids in Cambodia (2012), shenanigans moral entrepreneurs carry out in an effort to look like heroes.

The actual earthly problems behind all this derive from poor economies and job markets that spur people to go on the move in search of new places to work. Sometimes home-conditions are direr than usual; sometimes there is gang conflict, war or natural disaster. At times societies are so unjust that those persecuted for beliefs or personal characteristics feel compelled to abandon them. In all these cases, when they illegally move into other countries, anti-foreigner sentiment, underground economies and social conflict flourish.

Which alternative policy-frameworks might have described this complexity, and which policy responses could have ensued, had honesty prevailed? In countries of origin, better distribution of wealth via economies that provide jobs with wages that can be lived on. In destination countries, an overhaul of government accounting so that more jobs are included in the formal sector, coupled with migration policy that allows more work-permits allotted for jobs not defined as ‘highly skilled’.

There are challenges here, but the ideas stick to the ground where ordinary people pay other ordinary people to help them travel, get across borders without visas and get paid jobs without holding residence or work permits. This includes women who opt to at least try selling sex.

Which mountebanks sold the snake oil first? Who suggested laws against trafficking were the way to solve migration problems? Moral entrepreneurs who cry about wicked foreigners are never scarce in times of stress. By the 1990s, scare-tactics increasingly turned to bogus estimations about illegal migration. Statisticians, tech-personnel and macroeconomists professed to provide data on how many criminals move how many victims around, with fancy new graphics and obfuscating equations.

None could have any real idea how many undocumented migrants work in informal-sector employment; they are extrapolating and estimating, often based on crude and random police reports. More recently, projects of surveillance using algorithms claim to tell us how many females are snapped up by sex-predators on the web. This disinformation was and continues to be promoted by a variety of opportunists for their own ends. The nonsense appears to have no end, as even certain emojis used in social media are banned as prurient.

It is not difficult to understand why politicians and government employees decided to buy the miracle product of trafficking: they stood to gain money and power. Trafficking narratives present a struggle between Good and Evil in which masculine men are protagonists, and a women’s auxiliary takes up the veil of Rescue. As time goes on, terrorism and war are mentioned more often, with victims a kind of collateral damage that justifies more programming and more police.

Ten years into the skullduggery I had a request for an interview from a young woman studying journalism and wanting to support sex workers’ rights. We met in a small old pub in Islington where, after the usual niceties, she put her question in a pleading tone. ‘Are you sure it’s not true?’ ‘What?’ ‘There aren’t millions of women trafficked into sex-slavery?’

I pointed towards the busy City Road. ‘Do I think lots of women are chained to radiators in flats out there? No. But I’m sure there are women who considered that coming to London to sell sex was a feasible way to solve their problems, and some will have paid a lot of money for help getting here’.

I have since 2008 done public education from a blog and other social media. By 2013 the disconnect between what mainstream news was feeding the public and what I was saying led to so many requests for clarification that I published Dear Students of Sex Work & Trafficking. I deconstruct Rescue-Industry claims, debunk research methods and statistics and track the progress of Law-and-Order projects to surveil sex workers and other undocumented folk.

In the 17th year after the Protocols I published a novel, hoping for a better way to tell the truths underneath bamboozling policy. Set in Spain amongst migrants and smugglers, many undocumented and selling sex, The Three-Headed Dog is a fiction version of Sex at the Margins, to be enjoyed as story and glimpse of reality.

In the 20 years since the Protocols were published, nothing has improved for migrants, sex workers or teen runaways. Things have picked up greatly for smugglers, though.

­

Sometimes Yoko went down to the port to watch the ships sail off to places she only wished she could go, 1964, Michael Rougier, Life Pictures/Getty Images

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Works cited

Agustín, L. (2000). Trabajar en la industria del sexoOfrim suplementos, Número 6, dedicado a Mercado laboral e inmigración.

Agustín, L. (2001). Mujeres migrantes ocupadas en servicios sexuales. In Colectivo IOÉ (Ed.), Mujer, inmigración y trabajo (pp. 647–716). Madrid: IMSERSO.

Agustín, L. (2005). Trabajar en la industria del sexo, y otros tópicos migratorios. San Sebastián: Gakoa.

Agustín, L. (2007a). Sex at the margins: Migration, Labour Markets and the Rescue Industry. London: Zed Books.

Agustín, L. (2007b). What’s Wrong with the Trafficking Crusade? The Philadelphia Inquirer.

Agustín, L. 2012a. A man of moral sentiments. Review of Siddharth Kara, Inside the Business of Modern Slavery, H-Net, February.

Agustín, L. 2012b. The soft side of imperialismCounterpunch, 25 January.

Agustín, L. 2013. Dear students of sex work & trafficking. 25 March.

Agustín, L. 2017. The three-headed dog. Amazon, ASIN: B01N2V79UC.

BBC World Trafficking Debate, Luxor, Egypt. 2010. The full videos have been removed, probably because of the Mubaraks’ disgrace, but the event and line-up are visible.

Highlights of the debate are available, thanks to Carol Leigh.

Many of my other publications, including those published in Spain when I was living in Madrid and Granada, can be got from the top menu of this website.

A somewhat different version of this piece appeared in a specal issue of the Journal of Human TraffickingPalermo at 20, written at the invitation of Elzbieta Goździak. The present version was also published by Public Anthropologist.

*Photo: David Clode, Unsplash

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–Laura Agustín, the Naked Anthropologist

Sex workers working with police: Sue Davis, Vancouver BC

We hear most about the big moments in sex workers’ rights movements – court decisions, parliamentary reports, conferences, public protests. But many groups engage in negotiations behind the scenes, with business managers, local politicians and sometimes with their local police.

The other day in a facebook conversation about whether to negotiate with municipal authorities and police, Sue Davis posted a timeline about sex workers’ efforts and achievements in Vancouver, British Columbia. She supplied links to the reports produced, and I’m reproducing her words here without interruption.

NB: The Downtown Eastside of Vancouver was a serial killer’s hunting-ground for victims during a long period when police egregiously neglected the area, not caring what was happening to disappearing women – poor women selling sex in the street. References here are to ‘Missing Women’.

In the words of Susan Naomi Davis:

In Vancouver it started with cooperative development: Cooperative Development Exploration Report
By Sue Davis and Raven Bowen
With Support of the BC Coalition of Experiential Women
February 2007

Then there was labor rights exploration:
SEX INDUSTRYSafety and Stabilization
Susan Davis and Raven Bowen
BC Coalition of Experiential Communities
2007

From there we did some strategic planning:
Leading the Way:Strategic Planning Toward Sex WorkerCooperative Development
January 2008

At this point we received a little funding to develop Occupational Health and Safety materials:
Trade SecretsOccupational Health and Safety Guidelines for Sex Industry Workers

Trade Secrets for sex industry workers

So then we worked to figure out how to implement the cooperative brothel and Occupational Health and Safety. That work resulted in:
Opening the Doors- Final Report
BC Coalition of Experiential Communities 2011

During this time we had also been working on issues related to exclusion by victims services etc and had been attending the Police Board as a delegation to ask for an amnesty to be able to open the coop brothel/safe work site, or, as it was lovingly called at the time, “the safe erection site”. We were invited to the Diversity Advisory Committee with the Vancouver Police Department (VPD), a committee working on issues related to policing in marginalized communities. There were lots of other groups represented there, but it became clear quickly that sex workers needed their own group, as our issues were taking over every meeting.

So the Sex Industry Worker Safety Action Group was created and included sex workers groups and the VPD working together to try to address issues of policing. that work resulted in the VPD lowest-level-of-enforcement policy:
Vancouver Police Department
SEX WORK ENFORCEMENT GUIDELINES
Adopted January 2013
With the assistance of:
WISH, PIVOT, BC Coalition of Experiential Communities, PEERS and PACE

At the same time the Missing Women’s Commissions was underway and had released it’s recommendation:
FORSAKEN – The Report of the Missing Women Commission of Inquiry
VOLUME III
Gone, but not Forgotten:
Building the Women’s Legacy of Safety Together
November 15, 2012

This report contained many of the recommendations submitted by the BCCEC based on work we had done under the leadership of Raven Bowen – a visionary – and included policing recommendations as well as City of Vancouver inspections and housing and other responses

A task force was struck and a policy similar to the VPD policy emerged and stated that sex work is explicitly NOT a by-law violation:
City of VancouverSex Work Response Guidelines
A balanced approach to safety, health and well-being for sex workers
and neighbourhoods impacted by sex work
September 2015

The point of all this is that we achieved the most change via local police and inspections agencies rather than trying to create change at the national level. Locally, after Canada’s worst serial killer. people were motivated by guilt for bad policies which had delivered sex workers into the hands of that animal – who we never name, fuck that guy – it is the legacy of the women who died. They were the reason that we were able to move things forward here. These relationships with city staff and police need constant care and oversight by sex workers. We have seen several incidents where city staff and police reverted to the practices of the past and have had to re-educate them about why the policies were created in the first place.

We continue to work with police and city staff in an ongoing way. There has not been a massage-parlor raid in years, no arrests of sex workers in years and no murders of sex workers as a result of their work in 11 years – (one sex worker stabbed another sex worker in an argument over a cigarette and she died). Overall I would say that it was well worth the blood, sweat and tears. I have been in yelling matches with police officers during these meetings – nose-to-nose screaming – to see the outcomes emerging in Vancouver.

Not all sex worker groups here agree with working with police and some refuse to work with them at all. Since sex workers have expressed to us that their number-one concern is arrest and enforcement, we continue to follow their direction and engage with police to ensure freedom from enforcement here.

We engaged with our local politicians and any entities whose work impacted the safety of community and continue to do so now. We have recently become organizational partners with the local community policing office and believe there is real potential to decentralize policing via the 9 community-policing offices in the city. Groups representing people who experience negative impacts of police action could join the boards of community policing centers, and we could see a venue for direct change in policing practices.

So i know this was long…but so was the journey to get here…it was not easy, it was emotional and exhausting… it is emotional and exhausting…. but now 45 police services and the e-division of the RCMP have all signed onto lowest-level-of-enforcement across our province. We hope that when the federal government finally review the current legal framework [anti-sexbuying law], the fact that police are not using these laws and do not support them will have some impact.

You can copy and share as you like and please feel free to use, share, critique… We love to hear what people think and to answer questions! You may write to susan dot 1968 at hotmail dot com.

§

About Sue Davis in 2009: Sex workers and researchers defend clients in Vancouver

Sue and I met in person in 2011: Sex at the Margins in Vancouver: sex trafficking, migrant sex work and rescue

And from me about Canada in the past:

All the scary things a little decriminalisation of prostitution might cause in Canada Nov 2010

Bedford v Canada: Report from the courtroom on prostitution law and sex work June 2011

Remembering Judge Himel: Bold assertions and inflammatory language not useful to the court June 2013

Judge dismisses academic claim to sex-trafficking expertise Sept 2013

§

–Laura Agustín, the Naked Anthropologist

Naked Anthropologist News for Radio Ava: Jan 2020

Since last spring I’ve been providing Naked Anthropologist News to Radio Ava, a sexworker project in London. Something between tweeting and blogging, these news-bits are meant to be brief and critical, if not downright cutting. I choose a few things that struck or angered me most from the previous month’s online news. I link to an original news story and then quote sex workers as opinionators whenever possible as well as saying what I think. The latest edition was for 9 January. Note on the photos at the end.

In France

250 sex workers in France appeal to the European Court of Human Rights

Two hundred fifty sex workers in France have taken the 2016 law criminalising their clients to the European Court of Human Rights. Reasons given include:

‘We’ve exhausted the legal possibilities in France…
‘We reproach the French state for not assuring the fundamental liberties of sex workers…
‘Voices of sex workers are systematically ignored.’

To make a human-rights case, plaintiffs must show systematic discrimination, as when a governmental structure fails over time to take specific testimonies into account, not because of momentary bias or apparent coincidence. And not because of whore-hating writings by fanatics!

In China

China Scraps Extra-Judicial Forced Labor for Sex Workers

China banned prostitution after the Communist revolution in 1949, sending women into ‘custody and education’ programmes: Rehabilitation via forced labour, in other words.

The government wants us to believe Communism succeeded in abolishing prostitution and now claim prostitution ‘returned with a vengeance after landmark economic reforms began in the late 1970s.’ Since abolition rhetoric doesn’t suit China’s current public image, they’ve announced the ‘system’s historical role has been completed.’

Meaning what? Do they think all sex workers have been cured of the impulse to sell sex? No, because if they were then why does prostitution remain illegal, with punishments of both detention and fines?

The usual police ‘crackdowns’, as China routinely calls them, are sure to continue as usual.

In Nigeria

Nigerian judge declares sex work is not a crime

The judge said it’s not a crime to sell sex ‘since there is no law that forbids it’ and awarded damages to 16 women arrested for prostitution in 2017 when police raided private homes. The item goes on to mention more than 60 women arrested for prostitution in the capital city, Abuja. The women said they were harassed, extorted and publicly shamed.

Although the judgement sounds like good news, it will be open to different interpretations. In Spain, for example, where there is no law defining prostitution as either legal or illegal, sex workers’ rights campaigners have long protested police behaviour and confusing policy. They want a statement in law.

Let’s see what happens next in Nigeria, where police are sure to be very annoyed.

In London

Police make 14 arrests in modern slavery raids on south London nail bars

It was International Migrants Day when police carried out anti-trafficking raids on nail salons in Southwark. The 5-month multi-agency investigation claimed to be motivated by ‘concern for the safety and wellbeing of the women, children and other vulnerable adults caught up in this despicable trade.’

Familiar rhetoric.

Vietnamese migrants often work in UK nail salons, as we well know from recent deaths in a smuggling cock-up in Essex. Numerous researches and the sms-texts of migrants themselves show that they look hopefully forward to working in nail salons, and their travel-projects are supported and paid for by their families.

Reports like this from Southwark function as public-relations rhetoric for the Rescue Industry, as when arrest and detention are said to be followed by ‘support’. They want us to believe that sad young foreigners are being comforted by special employees, but you know what? The state will deport all these nail-workers as soon as they can, because that’s the legal solution to undocumented migration.

It’s the worst hypocrisy, pretending migrants want to be arrested and sent back where they started.

Naked Anthropologist News has a theme-song: Ten Cents a Dance, a taxi-dancer’s lament about her job, sung by Nebraska-born Ruth Etting in 1930. Taxi-dancing is one of those jobs that is or isn’t sex work, depending on your point of view: ‘All that you need is a ticket, Come on, big boy, ten cents a dance.’

About the photos: ‘Miroslav Tichý was a photographer who from the 1960s until 1985 took thousands of surreptitious pictures of women in his hometown of Kyjov in the Czech Republic, using homemade cameras constructed of cardboard tubes, tin cans and other at-hand materials… Of his technical methods, Tichy said, “First of all, you have to have a bad camera”, and, “If you want to be famous, you must do something more badly than anybody in the entire world.”‘
Right up my street. More photos at Michael Hoppen Gallery. And isn’t his camera glorious?

–Laura Agustín, the Naked Anthropologist

What is Decrim? The many places of prostitution in law

Recently the short form decrim has appeared in the name of several groups campaigning for decriminalisation of prostitution: the removal of criminal penalties for selling and buying sex. But there is never one clear law that might be annulled in a fell swoop; it is not so simple. Rather there are everywhere multiple clauses within different laws and sections of penal codes, as well as regulations used to police many sorts of commercial-sex activities. Every jurisdiction, every city and town has its own bag of prohibitions, sometimes initiated locally and sometimes mandated by the state.

The frame has traditionally been prostitution, a general concept laws have prohibited and tried to suppress on the ground that it constitutes vice, perversion, immorality and social damage. Sometimes it is viewed in the old way as a social evil. This language is often heard in judges’ rhetoric when pronouncing sentences, in their supposed role of guardians of the moral flame. Much of the legislation, dating from previous centuries, uses archaic terms like houses of ill fame or bawdy houses to signify places where men can pay for sex. See how everyone talked when an Ontario high-court judge struck down prostitution laws in 2010.

The language remains vague and out-dated because it is convenient to the state, allowing police to charge miscreants for myriad activities under umbrellas of disorderliness, for example, or anti-social behaviour. The terms go in and out of use, but there’s always a handy, all-encompassing phrase to charge with, whether you’re in New York or Bangkok.

As an example, here is a list compiled for England and Wales, which share jurisdiction. (NB: It’s not a list for ‘Great Britain’ or ‘the UK’.) I made it thinking of all the kinds of laws sex workers get charged for, and then a lawyer provided the specific pieces of legislation involved. (This was on behalf of a decrim campaign). There are direct and indirect types of legislation. Common law derives from custom and judicial precedent rather than statutes, which means it weighs heavily even though you can never put your finger on it – also convenient to government.

Direct Legislation
-Soliciting. Street Offences Act 1959, S1(1) As amended by the PCA 2009.
-Brothel keeping. Sexual Offences Act 1956 S33.
-Prostitutes’ cautions. Home Office Circular No. 109/1959 and 20/2000.
-Causing or inciting prostitution for gain. Sexual Offences Act 2003 S52.
-Controlling prostitution for gain. Sexual Offences Act 2003 S53(1).
-Kerb crawling. Sexual Offences Act 2003 S51A.
-Paying for sexual services of a prostitute who has been forced. Policing and Crime Act 2009 modifying Sexual Offences Act 2009 S53A.
-Keeping a disorderly house. Common law.
-Allowing children in brothels. Children and Young Persons Act 1933 S3.
-Landlord knowingly allowing use of premises as a brothel. Sexual Offences Act 2003 S34.
-Tenant knowingly allowing use of premises as a brothel or for use by a single person for the purposes of prostitution. Sexual Offences Act 1956 S35 and S36.
-Brothel closure orders. Police and Crime Act 2009 S21 and Schedule 2.
-Carding (placing adverts relating to prostitution). Criminal Justice and Police Act 2001 S46(1).
-Sex in a public toilet. Sexual Offences Act 2003 S71.
-Indecent displays. Indecent Displays (Control) Act 1981 S1.

Indirect Legislation
-Proceeds of Crime Act 2002: Statutory scheme gives power to impose confiscation orders.
-Civil recovery orders. Proceeds of Crime Act 2002.
-ASBOs: 2014 ASBOs were replaced by new orders complementing civil injunction order.
-CBO: Criminal behaviour order, Part 2 Anti-social Behaviour, Crime and Policing Act 2014 S22.
-Community Protection Notices: Anti-social Behaviour, Crime and Policing Act 2014 S43.
-Injunctions: remedy available to civil courts, no statutory basis. Principles for granting from American Cyanamid Co (No 1) v Ethicon Ltd [1975] UKHL 1.

That’s quite a lot of law and code that would need to be amended if any principle of decriminalisation were ever accepted. And even then the tentacles of criminalisation extend to other areas of law and practice. For example, the Crown Prosecution Service has guidelines on how to deal with prostitution that rest on notions of women’s exploitation and victimhood. And new criminalising laws could be proposed all the time despite a moment called decrim. Sexbuyer laws are the obvious new candidate for this.

Activists often complain the term legalisation is wrongly used to describe what they want. Legalisation is such a vague term I never use it. To a lesser extent you may see definitions of decriminalisation that don’t match. All of the laws in the above list aren’t strictly ‘prostitution laws’, but they are used to penalise prostitutes. You may see wording such as decriminalisation of exchanges between sex workers and clients, phrasing that evades the difficulty of defining third-party exploitation. My list includes laws that prohibit businesses where prostitutes, bargirls and dancers get jobs. A lot of workers don’t want to run their own businesses; they want to clock in for shifts in workplaces where management takes care of most things, getting a cut of fees earned by sex workers (and maybe a lot more than that). Separately, in England and Wales there is law to license and regulate sexual entertainment venues (live performances with nudity as in strip clubs and gentleman’s clubs). The existence of this kind of regulation will make something similar seem logical for sex work of other kinds.

Decrim advocates say they want ordinary labour law to cover the sex industry, but which labour law would be used as the pattern for the different kinds of sex work? Decrim, if attained, would lead immediately to a raft of characters’ stepping forward with proposals for how to regulate (which some will call legalisation). Consider the following:

The overwhelming majority of “sex work,” as its backers call it, is done in Las Vegas and Reno completely illegally, just like in the rest of the country. The reasons for this are fairly obvious: the regulatory regime in place is constricting and expensive, so most of the activity remains in the black market. One could argue that Nevada could expand its legalization of prostitution — to cover escort services and individual operators, for example — but under what regulatory framework? Would the work be licensed? Would inspectors ensure that healthy practices were in use, as they would with any other product or service on the market? Would consumer protections exist? If so, what kind? – The Federalist

So were individual sex-for-money exchanges to become legal, proposals would instantly proliferate as to where to allow businesses to operate, how to handle workplace health and safety, whether to register workers and mandate health-checks and how to calm neighbours who don’t want sex work near them: note the above writer doesn’t even want individuals selling from their homes. And then guidelines would need to be produced telling police and others how to proceed about everything, particularly when third parties are involved, in flats, massage parlours, spas, clubs, bars and saunas. So immediately after decrim, regulation would be on the table, there’s no way around it except to be prepared as sexworkers with proposals for how to proceed.

Note that none of these laws, annulled or not, affect the status of migrants without permission to work. They continue to benefit from the opportunities of underground economies and to need the help of smugglers and bosses who operate outside migration and employment law. Also beware: trafficking fears won’t be going away, and those laws have been written so that any kind of autonomous sex work is thrown in doubt, whether workers have permission to work or not.

I’m on record opposing activism that attempts to clearly distinguish between migrant sex workers who pay smugglers and hypothetically free native workers. Claiming to believe in the avalanche of trafficking victims throws migrants under the bus – and not only migrants, because to distinguish between free and unfree leads to doubts about every single poorer woman who doesn’t like what she does and can thus be labelled ‘forced’. It’s true ‘sex work is not trafficking’, but neither is migrant sex work: the difference is visa status. The above photo shows migrant sex workers queueing for health services and/or legal counselling offered in mobile units by groups such as Médicos del Mundo in Spain.

Perversely, anti-prostitutionists now routinely claim to be in favour of decriminalisation when they back sexbuyer laws. In the USA, where all is prohibited, this manages to sound like progress. Their argument is victimising: no woman can possibly ‘consent freely’ to selling sex, so having no clients to exploit them is doing them a favour. How they will pay bills is never addressed.

Caveat about naming New Zealand’s Prostitution Reform Act as the model for desired decriminalisation. The PRA specifically excludes migrant workers from selling sex, and while you may think that’s a detail, consider that in some jurisdictions the majority of women selling sex are not natives of the place but incomers (visitors, students, tourists, migrants). They have travelled from somewhere else, because they wanted to or felt obliged to, and they judge selling sex to be the best of their limited money-producing options. In New Zealand, they are deported. Decrim itself has no effect on migrants without permission to live and work; they remain in underground economies.

Also note that a law that seems to be working nicely in a very small country might need rethinking for bigger places and more complex social contexts. I hope someone is studying that.

—Laura Agustín, the Naked Anthropologist

Sexbuyer laws: War on clients, says Israeli MP

Sexbuyer laws now exist in eight countries at the national level: Israel, France, Canada, Ireland, Northern Ireland, Iceland, Norway, Sweden. I use the term sexbuyer laws because in mainstream news ‘Nordic Model’ appears more and more frequently in its fundamental meaning: a kind of social democracy Nordic countries generally espouse. And also because the legislation no longer attaches to any region, rather pointing to a vision of Gender Equality focussed on universal symbolic meanings. Prostitution appears to be the most powerful symbol of women’s oppression this vision knows, and laws to punish men who buy sex are currently its most popular goal. Such a campaign has just succeeded in Israel.

MP Shelly Yachimovich commented the war on the clients of prostitutes is similar to the war on slavery and the freeing of slaves, no less.

It’s not the first time war has been mentioned by campaigners against prostitution. In 2011 I said in The Bad Vibrations of Anatomical Fundamentalism I feel like the veteran of a long, drawn-out war. I first knew it as the War Between the Sexes… Now it feels like a World Gender War, in which a small number of women endeavour to bring all men and all disagreeing women to their knees.

With talk of war we leave conventional liberal justice-discourse deploring prostitution as violence against women. Yachimovich’s comment wants to increase the symbolic weight of anti-prostitutionism by invoking war and slavery. This has been done in the US by Rescue-Industry figures engaged in raising their own status: See The Thrill of Rescue, in which an NGO head says:

… Growing up just after the 1960s I feared that I had missed my chance to take part in the most important movement in our country. I now know that I have found my place — and that all of us can step up and join a movement that matters. This year, I became CEO of The Global Fund for Children… The torch has been passed to us. Putting an end to modern day slavery is our civil rights movement. Now it’s our time to make a difference, and we must continue to work together to ensure that people everywhere are free.

Years later I continue to be struck by this individual’s fear she might ‘lose out’ if there were no transcendent cause to devote herself to; is this what the true ‘social-justice warrior’ needs to exist? You might think the desire to grant meaningfulness to one’s life is harmless, but when one’s driving an NGO, ‘non-profit’ status fails to describe the benefits that accrue to those claiming to help, save, lift up and enlighten.

The desire to help may be sincere, but when observing a longterm mess like prostitution policy it’s essential to take into account how helpers benefit themselves. See The Construction of Benevolent Identities, the archtype of which you see in the picture of a nurse with her lamp. Woe betide anyone who doubts this kind of helping. MPs campaigning for a law reap prestige that aids their careers.


 
I think of sexbuyer laws as ‘European’ in style, and certainly the rhetoric and actions taken by Israeli campaigners align with a vogue in which young women demonstrate against prostitution. In one protest women put themselves on display in a shopping mall complete with descriptive price-tags. Israel’s Law Against Prostitution Heralds a New Era of Gender Equality booms a headline. But another title noted Israel joins small club of nations, evoking a Euro-elitism in which equality is not exactly the goal.

Israeli news items mention government-backed research released in 2016 in relation to the legislation. The report describes workers in various sectors of the sex industry in three cities via a standard sociological survey. There is nothing surprising in it. More than half the sexworkers came to Israel from another country, which is unremarkable in the Mediterranean context. All the research does is demonstrate the existence of a sex sector providing jobs to women, with stories of how they needed money and couldn’t find better jobs. You can read a short description in English of the research results but note the twist when they say ‘economic hardship’ is prostitution’s cause and prostitutes ‘could not stop’. It’s a way to make money many take as preferable to other options; it’s work.

Two points are interesting to me. First, interviewers were recruited through an entity called Awareness Institute for the Fight against the phenomenon of prostitution, which means inevitably they were biased. Even when only reading questions from a form, interviewers transmit attitudes interviewees detect and may respond to – either by refusing to say much or by providing answers they think interviewers will like. There’s no way to know, but it’s a flaw and odd the investigating team didn’t explain it. They did comment on possible bias because only male interviewers were allowed into most brothels to talk to workers. For my money, the anti-prostitution defect is greater.

Second, in a not new but currently unconventional wrinkle, the law criminalises the fact of simply being in ‘a location chiefly used for prostitution’. Perhaps it’s meant to make the whole business easier, since sexbuying charges are notoriously difficult to prove. The state stands to make a lot of money in fines if patrons continue to visit (fines only are the penalty). If they don’t continue to visit, what happens to sex workers trying to make a living? Sure, ‘rehabilitation and reintegration’ are part of this sexbuyer law, but – need I say again how fruitless such efforts always are? Never mind, symbolic helping has once again been done.

—Laura Agustín, the Naked Anthropologist

Migrant Caravan in Tijuana: Report from a volunteer lawyer

Tijuana is a city in the north of the state of Baja California in Mexico, close to the San Isidro Land Port of Entry, where wikipedia says 20,000 pedestrians cross northwards daily. This is the route chosen by most of those called the Migrant Caravan, Central Americans who have travelled together through Mexico to reach the border and request asylum in the USA. Dina Francesca Haynes, a law professor just returned from four days’ work amongst migrants on the Mexican side, has given permission to reproduce her facebook report, including the photos she took.

Field log, leaving Tijuana, 4 December 2018

I am still a bit overwhelmed and my thoughts are not yet settled, but here are some impressions.

People from all over the world are suffering. Some have pinned their dreams on the United States, and my job, as I see it, includes giving them a realistic understanding of what they are about to encounter, so that they can make an informed decision before they decide to cross into the US. What they are about to face is detention often in hostile conditions, in facilities run by uncaring and unprofessional private prisons, intent on making already miserable people more miserable, for profit. A Russian roulette of asylum officers and immigration judges. Give me your tired, your poor, your huddled masses yearning to breath free is but a bitter memory.

The US can certainly absorb these people. This group of 5-7 thousand currently in Tijuana, with more on the Mexican side of other ports of entry, is an entirely political problem. An unlawfully executed political problem. Far more people have come each year for decades. The problem is the unlawful bottleneck that the US government has imposed. The law states that any person may present themselves at a port of entry and request (the opportunity to apply for) asylum. The US is imposing a procedural limit on the number of people (without visas) who may cross to seek asylum, and the Mexican government, who also limit the number of people who can start to cross, based on the daily, seemingly arbitrary decision of the US, is complicit. Each person is designated a number. Some have it written on the inside of their forearm in sharpie. I don’t have to tell you what that invokes. Today, for example, 30 people were permitted to cross. Sunday, none were. Possibly as retaliation for actions they didn’t like, as a show of power. The rest wait in unsafe conditions for weeks to months longer. Each day hundreds trek to the border to see if their number is called. The atmosphere where people wait is ripe with adrenaline-nerves and fear and hope.

Today I helped three orphans traveling alone from Sierra Leone, Cameroon and Guinea Conakry. They had been on the road for 3 months, travelling from South Africa to Brazil to Ecuador to Panama where they walked across the country. They are children. They arrived in Mexico and tried to find other Africans. One older African offered to take them in. Two other older Africans, one only 18 herself and another studying to be a minister, had offered to help lend them some money. To do this, they had arranged to wire money to the Mexican citizens working in the store below where they were staying. You might have guessed the end of this story already – the wired money was received, but not passed along to the intended recipient. I gave legal advice to a girl the same age as my daughter who had been raped by police in her country that is descending into chaos. I gave legal advice to a boy escaping his uncle’s demand that he become a child laborer, enslaved to another for life. I walked a group of 15 people to find some food to eat. They hadn’t eaten a real meal for days. I gave one of them my tennis shoes.

On Friday, I helped a woman from Guatemala and her two children. She was so astute and caring and determined that, in addition to everything else she was dealing with, she asked if I could help her find a therapist to speak to her children who were traumatized. So I did, because there was a therapist coming to volunteer.

Today, three volunteer pastors from different churches arrived to marry couples afraid of being separated when they crossed, most same sex couples.

There is a lot of heart here. The people coming to volunteer gain nothing except love and grace. They expend a lot, emotionally, physically and financially. There are people helping to cook and serve food to the hungry. People unpacking clothes that have been donated. People calling and paying for taxis to get people to and from safe houses and urgent appointments. There are people monitoring what the police and border patrol are doing and the myriad ways they are violating the law. People giving money to those who have none. There are translators and students and doctors. People giving.

There is also chaos and bottomless need and people operating in emergency mode, responding and putting out fires and having no time to plan or think about how to best proceed or coordinate. There are muddy fields where people have been living and are getting sick. One little girl asked if she would be taken away from her mother. She hugged me when she said goodbye, and then thanked me in English. So much heart and fortitude expended by people who travelled months to try to get to the US to seek asylum. So much heard and grace expended by volunteers trying to serve them, as we all work together in a building with an open sewer outside and a space barely fit to serve a few, let alone masses of need.

We US citizens are living through a humanitarian crisis that we have allowed our own government to create. Many of us are allowing ourselves to be blind to it, because it is horrible to think about. Because we have exported the locus of the tragedies we have created. But that doesn’t change the fact that is happening and that we are responsible, because our government is perpetrating this by violating international law, and its own domestic law for no gain. We gain nothing by limiting the number of asylum seekers who enter. And we lose nothing by letting them apply. If we had directed the funds expended on sending 5600 troops to the border to this problem, instead, it could have been solved 10 times over, weeks ago.

We have the capacity to absorb these people with little or no negative consequence. We are choosing not to, because our government has decided to demonize the smallest annual number of asylum seekers in years. They deserve so, so much more. — Dina Francesca Haynes, Professor of Law

I’ve lived many such complicated and long-drawn-out moments on different borders myself, including a job 25 years ago at the other end of this border at Matamoros/Brownsville. Dina’s two gloomy brown photos look to me like the detention centers I’ve seen in Texas, but Dina says they are part of the architecture of the border crossing at San Ysidro. The resemblance is clearly not coincidental.

Though Tijuana/San Ysidro don’t look like Calais and other migrant camps near the Channel Tunnel, they don’t look that unlike, either. The longer so many people have to wait, the worse things become, in a myriad of ways.

For some of my writings about borders see Border Thinking and Segregation, colonialism and unfreedom at the border . They were prompted by airport borders into the UK but I’ve had these experiences in many countries of the world.

I’ve tweeted about this migration caravan (@LauraAgustin) and surely will again.

—Laura Agustín, the Naked Anthropologist

Sex workers may unionise – but can prostitutes? The case of Sindicato OTRAS

Last week a Madrid tribunal declared that sex workers can unionise but prostitutes can’t – or that’s what it comes down to. Sindicato OTRAS was granted conventional union status in the summer, having filed the necessary paperwork. But when the news got out, scandalised politicians vowed they wouldn’t allow it, because the current government has declared itself abolitionist. Before long, several women’s organisations in different parts of Spain had put together a lawsuit against the union, on the grounds that prostitution can’t be a job (because it’s violence against women, slavery and so on). I’m simplifying, but believe me, you don’t want to read the convoluted legal language involved.

I spent two evenings with members of Aprosex in late May in Barcelona, one of them a conversatorio with me and many enthusiastic participants held at the headquarters of t.i.c.t.a.c. Shortly afterwards, Aprosex filed papers to become a union: Sindicato OTRAS (Organización de Trabajadoras Sexuales). Sex workers who call themselves anything are welcome: cam-girls, phone-sex operators, strippers, porn actors, bar hostesses, escorts, workers in flats. Some of these offer services many consider to be prostitution.

Job-titles don’t say everything. Some who’ve embraced the term sex worker hate the word prostitute, but a lot of others comfortably use it, especially in Romance languages. A recently-formed group call themselves Colectivo de Prostitutas de Sevilla. The whore-word puta is in process of reclamation, appearing on banners as you see above. Some feel okay calling themselves sex workers as long as it’s clear that they aren’t prostitutes. The paperwork for OTRAS referred to sex work in all its forms, which abolitionists immediately interpreted to mean prostitution: the thing they love to hate.

I don’t need to describe the arguments made by the women’s-group plaintiffs; they are well known. I note their horror that prostitutes, who exist because of patriarchy, can argue that a union will combat it. I have written about anti-prostitution ideas many times, last in The New Abolitionist Model.

But the specific Spanish legal context determined how opponents could argue a lawsuit. In the Penal Code prostitution is not defined as illegal, which rights activists complain leads to alegal status that disadvantages sex workers. You may well think that if an activity is not prohibited or defined as wrong in law then it must by default be considered part of ordinary (legal) life. But the ambiguity has been exploited to claim that if prostitution is not defined as legal work by law and listed in a national register of occupations then it can’t be a job. Porn acting and web-camming might be. The term sex worker seems not precise enough to be, and anyway abolitionists read it as a euphemism for prostitute.

However, it’s more complicated than that. Amongst jobs that are listed in the national register is work in clubes de alterne, bar-venues with private spaces in the back or upstairs for workers to take clients for sex. The word alterne, from the verb alternar, refers to socialising and drinking with customers, and chicas de alterne is a common euphemism for women who work in clubes de carretera, hoteles de plaza, casas de citas and puticlubs – all names of public businesses that may get called brothels, but they may also have a lot more going on in them: films, shows, dance-floors, jacuzzis, who knows what else in a place like the one above in Málaga. Businesses you can call brothels also exist in residential buildings. All these are legal. I wrote more about them in The Sex Industry in Spain. In other parts of the world chicas de alterne are known as bar girls or hostesses.

The Audiencia’s decision noted there would be no problem if chicas de alterne wanted to unionise on the basis of their work socialising. They also do prostitution? No problem. If you find this bizarrely contradictory, consult the Mad Hatter – he understands perfectly. Loopholes like these provide endless paid occupation for lawyers and campaigners like Plataforma 8 de marzo, Comisión para la Investigación de Malos Tratos a Mujeres and L’Escola: women’s organisations who took Sindicato OTRAS to court.

In this case they made many familiar claims about prostitution being violence against women and an obstacle to equality, citing Spanish legislation. They leaned heavily on arguments about trafficking and prostitution being inseparable, quoting EU and UN declarations. But they also claimed that prostitution’s not being an occupation inscribed in Spain’s national job register means that those who practise it can’t be workers because their job does not exist.

Further complications relate to the requirement that workers forming unions need to have the status of employees in a setting where employers define and regulate their work. In the case of prostitution, plaintiffs argued, this would mean managers telling prostitutes how to have sex with clients, which they don’t do. To underscore their point claimants expressed outrage at the possibility that bosses and workers might be able to damage the highly personal nature of sex (personalísimo). The way these repressive arguments opportunistically use the principle of sexual freedom frankly makes me sick.

Requiring workers to assume self-employed status is common practice in sex-industry businesses in many countries, allowing bosses to avoid accusations of pimping and also avoid providing decent working conditions. Being self-employed means workers have no right to negotiate terms or problems in what obviously are workplaces. Individuals may complain to bosses, but only trade unions have the ability to negotiate formally with management without being ignored or simply dismissed. Nota bene: Caveats apply. There is no one meaning to the term trade union, and national contexts differ. Freelance/self-employed/autonomous workers are generally excluded, but new unions want to change that.

OTRAS will appeal to the Supreme Court and meanwhile, despite misleading press headlines, have not been declared illegal. The Audiencia’s decision annulled the group’s statutes (by-laws) but hasn’t the power to dissolve the union (the whole long cryptic decision is at the bottom of the previous link). El Diario did better on the decision than most media outlets.

Everyone wants to know why the association of sex-business owners is allowed to exist. ANELA was inscribed in the national register of associations in 2004, defining their activity as dispensar “productos o servicios” a terceras personas ajenas al establecimiento, “que ejerzan el alterne y la prostitución por cuenta propia”: provide products or services to self-employed third persons… who practise alterne and prostitution.

It is interesting that ANELA’s first attempt to register was also frustrated by the mention of prostitution. Told to remove it because it isn’t legal employment, they refused, citing a 2001 EU court decision that prostitution may be an economic activity for self-employed persons, in the absence of force or coercion. In the same Audiencia (Sala de lo Social) where the case against OTRAS was held, ANELA was initially refused inscription. They appealed to the Supreme Court and won, judges saying that providing the conditions for prostitution to take place doesn’t necessarily make an owner a pimp (proxeneta). Go figure.

Meanwhile, if you weren’t already dazed by contradictions, another sex workers’ union opened this past summer, also in Barcelona. Unión Sindical de Trabajo Sexual was founded as a branch of the already-existing Intersindical Alternativa de Catalunya, and moral crusaders have no argument with it. Not because of which job-titles the workers claim but because, as a branch, they are not a separate autonomous legal entity. I know – it just doesn’t add up.

Enough. I’ve understood for many years that the term prostitution can never be pinned down. It isn’t ‘just a word’: its meaning is far from obvious; its connotations reach deep into patriarchal mechanisms for keeping women down and divided against each other. The comfortable middle-class Spanish feminists desiring to bring down a trade union for sex workers perfectly prove the point. In Prostitution Law and the Death of Whores I went into this in detail.

When I was revising this I saw I hadn’t tagged for Rescue Industry. The hostility of government spokesfolk and organisations that agreed to do their dirty work goes beyond any pretense to be helping and saving. This is about upholding the status quo for a small but influential cadre of privileged women who believe that they Know Best about everything under the sun. Patriarchal hierarchies work for women at the top.

Some things I’ve written about Spain, in English (note Spanish at the bottom):

A novel, The Three-Headed Dog, is set on the Costa del Sol and Madrid, amongst migrants doing various kinds of sex work. In the sequel the setting moves from Galicia through Málaga to Calais and London.

The Sex Industry in Spain: Sex clubs, flats, agriculture, tourism

Highways as sexwork places, with chairs

Who are migrant sex workers?

Sexwork and migration fiction, part 2: Jobs in the sex industry

Change the world by getting men to stop buying sex: Spain

In Sex at the Margins: Migration, Labour Markets and the Rescue Industry, the field work was carried out in Spain.

Lista de publicaciones mias en castellano

—Laura Agustín, the Naked Anthropologist

Strike4Decrim on Women’s ‘Day’ Soho 8 March 2018

I was glad to be able to participate in the Strike4Decrim events on the evening of 8 March – International Women’s Day. In general I’m no fan of official ‘days’ to celebrate supposedly coherent groups: mothers, fathers, women. Inevitably the differences get smoothed out and mainstreamed, many feel excluded and some feel seriously annoyed. General ‘women’s gatherings had taken place earlier in the day in a straighter part of town, but although Soho is getting blander all the time, a little kinkiness remains.

Here’s me talking for five minutes at the start, before we marched. The photos are by Alexander Schulenburg, who approached me to say he liked my talk and later tweeted on the event. I also ran into sex workers met in other countries and other years and some I worked with as far back as 2005. I appreciate being reminded of the continuity and feeling surrounded (notes of my talk at the bottom).

Why call it a strike? The word is meant to recentre women’s work, specially invisible things like ‘caring’ and reproductive labour. The intention was to expand the concept of strike and ‘use tactics and perspectives that think about how we struggle at the point of production and reproduction’. By including a sex workers’ rights event on the day, what gets counted as a feminist issue was expanded. I was glad to be there, given lamentable histories of leaving sex workers out.

My notes for the five minutes

Rights movement stronger now – multiple groups but we work together better than we used to
Regular folks seem to understand the idea of labour rights better
But the hostility of the Establishment hasn’t improved – folks who work in government, whether politicians or Home Office
They pay too much attention to anti-prostitution activists, radical feminists

The other day a few former sex workers won a case in the High Court to remove the requirement to tell employers about past soliciting convictions. Good, right?
Problem is they won on the basis that they were coerced victims.
The judge said it was ‘greatly to their credit they had succeeded in removing themselves from prostitution’
Casual dispensing of morality by a male judge

If you want to know what patriarchy is – it’s this!
If you want to know what infantilisation is – it’s this: talking about women as wayward children to be patted on the head if they do as they’re told
It appears that to benefit from this small bit of decriminalisation you must repent of your sin of being a prostitute, otherwise you keep those convictions on your record
even though it is legal to sell sex in this country

The selling of sex is still firmly framed as a social evil in laws and regulations
Great distance between that and ideas about human rights, workers’ rights

Migrants, even if their presence is legal, are most likely to be called victims of trafficking if they come to police attention and are lucky if not deported

The kinds of freedoms and treatment most women take for granted are not granted to sex workers
Gatherings like this one are important – so we can see each other outside in the street caring about the same things
To me this fits the idea of ‘strike’

Not silence – NOISE

Police were also offered leaflets.

-Laura Agustín, the Naked Anthropologist

The New Abolitionist Model

The New Abolitionist Model

By Laura Agustín, was published in Jacobin Magazine 6 December 2017. I wrote this after reading Julie Bindel’s new book but my thoughts are about the whole anti-prostitution movement as it stands today, whether formulated by so-called radical feminists, Christian missionaries, lawmakers or Rescue Industry social workers. Many others have commented on specific falsehoods and distortions in this book: especially see social media. Links were added by Jacobin. I begin with

__________________________________________________________
Entry for an encyclopedia of feminism: The Sex Work Wars: Decades of acrimonious debate about the meaning of exchanging sex for money. Near-total disagreement about terms, definitions, causes, and effects, and how to measure the involved phenomena. Mutual incomprehension on cultural meanings of sex, sexual identity, and gender relations. Laws backed by politicians based on the supposed truth of one or the other view. Little improvement for those being discussed. Outgrowth of the Lesbian/Feminist Sex Wars of the 1980s.
_________________________________________________________

A new shot has been fired in the Sex Work Wars. Julie Bindel’s The Pimping of Prostitution calls for a return to more authentic beginnings, when, as she tells it, everyone involved in the 1960s women’s liberation movement was in thrall to a few shining leaders.

This version rings no bells for me. We were revolting against 1950s domestic ideology that told women to be quiet, feminine, and satisfied with making homes for men. The meaning of liberation was to figure out how to live on our own terms, and if we did read mimeographed newsletters from activists, we didn’t think we had to agree with them. We didn’t feel anyone was our leader. We talked together on the streets, in classrooms, in cafés. Everyone’s experiences counted.

In those conversations, prostitution was considered neither a central issue nor a terrible thing — or not more terrible than everything else we were coming to recognize as oppressive. We wanted to know why housework wasn’t paid and women were supposed to do all the childrearing. We wanted to define our own ways to enjoy sex. We used a new word, ”sexist.” I don’t recall attending a single formal meeting, but I have identified since that time as a feminist.

In this book, Bindel offers two things: cheers and brickbats. Those who agree with her get cheers, everyone else gets brickbats. Less subtle than boxing commentary that recognizes all good punches, this is a bitterness born of thwarting: Prostitution still exists. Millett and Dworkin have been betrayed. Someone must pay.

Nowadays in conversations about women’s rights, there’s widespread agreement about the need for more education, equal salaries, and better job opportunities. But bring up women’s physical bodies, and ideologies of femininity and patriarchy flash like wildfire. Intransigent conflict pursues contraceptionabortion, surrogacy and, perhaps above all, how women can and may consent to have sex. For radical feminists like Bindel, the insertion of money into a sexual relationship signifies no women can ever consent, even when they say they do.

News about women who sell sex has changed tone since publication in 2000 of the UN Protocol on Trafficking, although legal definitions are even now not fully agreed on. Media reports routinely confuse or use all available terms. Human trafficking is not distinguished from people-smuggling, borrowing money to migrate is called debt bondage, awful working conditions and child labor become modern slavery, and selling sex is renamed either sex trafficking or sex slavery. All sociocultural contexts are eliminated in favor of universalizing definitions. No interest is shown in considering how to improve working conditions. The result is to define women as victims in need of rescue, especially when they are selling sex.

In this context it’s not surprising that abolitionism should reemerge into the mainstream. Bindel calls hers the new abolition movement, misleadingly linking to Josephine Butler’s nineteenth-century campaigns to abolish government regulation of prostitution (not prostitution itself). Bindel rejects the aforementioned proliferation of terms: “Trafficking is merely a process in which some women and children are prostituted. Prostitution itself is the problem.” Which at least confirms a long-standing activist complaint regarding anti-trafficking campaigns: that the real object is prohibition of any woman from selling sex, anywhere, anytime.

Fear of trafficking is now used to justify a variety of repressive prostitution-policy regimes, including a law that bans the purchase of sex. First called the Swedish model, then the Nordic, this law, according to Bindel, can now be called the abolitionist model. The idea of this ban is to “End Demand,” on the theory that, if men were stopped from buying sex, women could not be exploited and would never sell sex. It is a ludicrously simplified market theory of supply and demand. Abolitionists claim the law decriminalizes the sale of sex by women (appropriating the central demand of the sex workers’ rights movement), failing to address what would happen to women’s income if there were no clients.

The book’s subtitle, Abolishing the Sex Work Myth, suggests it will prove there are no sex workers. Bindel names many countries she visited. She details the personal sufferings of women who hated selling sex: these are her heroes, and they come across as individuals. Representatives of the “pro-prostitution lobby,” on the contrary, are treated as a series of puppets, quoted to demonstrate their cynicism. Those who recognize the concept of agency as one reason to accept the existence of voluntary sex work are ridiculed as “choice” or “fun” feminists. We hear nothing from women who may not like sex work but continue doing it for their own good reasons.

Mud is slung at escort-agency managers, queer academics, gay libertarians, HIV/health NGOs, migration scholars, Amnesty International, and sex worker-led groups. The greatest wrath is reserved for funders like George Soros’s Open Society Foundations for daring to try to strengthen sex workers’ rights. Because she wants to obliterate all differences and discredit every conceivable source of opposition to radical feminist ideology, variety in types of sex work, degrees of management control, perceptions of autonomy, and amounts of money are dismissed out of hand. Canned summaries of a few moments in sex-worker-rights history are thrown in, but the entire international social movement is dismissed as a pimping “lobby.”

I am capable of reading works whose worldview I don’t like for research purposes, but this book defeated me. The table of contents looks rational, but each chapter consists of many short subsections that appear almost randomly placed. The style is bumpy and awkward, suggesting multiple writers and no editor. There’s no depth, nuance, or engagement with ideas.

And I found very little that might be called new, neither facts nor ideas. If the international abolitionist movement hoped this would be a new heavy weapon against enemies or a way to convince non-experts that sex work is an illusion, they will be shaking their heads in disappointment.

The worst of the contemporary abolitionist project is its failure to confront the question of options for women. Bindel feels Josephine Butler would be on her side? I feel she’d be on mine. At mid-nineteenth century Butler saw how few alternatives women had to achieve economic independence and did not advocate they should be deprived of the possibility of selling sex to survive.

As a scholar in the field, my question has never been whether selling sex is acceptable in moral or feminist terms. Instead I’ve focused on the fact that women everywhere have limited job options, and, when they are not well-educated or connected socially, those options generally reduce to low-paying, low-prestige work: street vending, home sewing, caring, cleaning, retail jobs, sweatshop labor, and selling sex. When the women are undocumented migrants the feasible options reduce to two: living in others’ families as maids or selling sex.

Given the low earnings of these occupations, it is hardly surprising that women who feel they can tolerate it do sex work instead. Less time spent working for more money means being able to support oneself, help others and still have time to take a walk or read a book. Sometimes sex workers get into relationships that don’t look good to outsiders. But what do abolitionists imagine women with few options will do if they are forced to stop sex work?

The old Magdalene Laundries and lock hospitals envisioned nothing better than domestic servitude for ”fallen women.” Is the proposition still that being a servant for pennies and a scant private life is better because it is more dignified? Or is it superior simply because it is notsex work? Either way, to focus always on the moral aspects of sexual labor means forever sidelining projects to improve working conditions and legal protections.

Bindel’s need to manifest indignation at the slightest deviance from a simplified ideology means readers get no distinctions between dastardly procurers, human rights groups, independent escorts, academic researchers, workers in massage parlors, and Hugh Hefner. We’re all the same thing. It’s the textbook definition of fundamentalism.

***

I’ve written previously about feminist fundamentalism in:
The Bad Vibrations of Anatomical Fundamentalism: World Gender War
Sex workers at AWID reject feminist fundamentalism
and Gunilla Ekberg, Sex War and Extremist Feminism.

-Laura Agustín, the Naked Anthropologist

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

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

What does the French prostitution law mean? Denial of consent

Borgen Season 3 Ep 25

At a conference on Sexual Citizenship and Human Rights the other week, I binned the talk I had prepared and instead gave a version of Sex at the Margins: Migration, Labour Markets and the Rescue Industry. It turned out both the other speakers on the panel were to address trafficking, one as a straightforward Rescue-Industry member, and I’m not capable of watching an innocent audience listen to that stuff without speaking up.

My new talk was called Denial of Consent, because previously at this event consent was mentioned continuously as a key human-rights concept in European sexuality law. How telling, then, that European specialists declaim adolescents’ right to consent to have sex at the same time that other Europeans declaim ever more often that most adult women and trans who sell sex have not consented. In anti-trafficking campaigns the claim is very often that these victims cannot speak/have no voice giving an excuse for others to ‘speak for’ them.

In Prostitution Law and the Death of Whores I focussed on the mechanism by which Rescuers – feminists, social workers, politicians, police – discredit what adult women say about their experiences of selling sex, thus disqualifying them as subjects in a discussion about their own fates. What they say varies widely, of course, but rather than engage in seeking policy that would allow individual experiences to become central and rather than listening with interest to what sexworker activists say and finding migrants to talk to, they claim to Know Better how they should think and feel. The mainstream television series Borgen included a scene in which the non-sexworker experts on a Copenhagen panel discussion of prostitution interrupt and scoff at the sole sexworker participant, demonstrating how well-known the mechanism of disqualification has become (photo above from Season 3, Episode 25). Refusal to believe in the consent of women who sell sex also contradicts widespread anti-rape campaigning that puts consent at the core of sexual relationships.

The law to be voted in France’s Assemblée today (4 December 2013) is the product of years of process and politicking, not only in France but in certain feminist networks in Europe. In April 2011 I wrote Europe’s anti-prostitution initiatives multiply: EU itself and now France, linking developments to the European Women’s Lobby campaign for A Europe Free from Prostitution. Last month I wrote, with Thierry Schaffauser, about how the testimony of sexworker activists have been deliberately disqualified from consideration by politicians and certain feminists in France. This is accomplished by claiming these activists are a privileged elite selfishly putting their own interests above those victims of sex trafficking said to be ‘voiceless’ and requiring others to speak for them. Alice Schwarzer, currently campaigning against Germany’s law regulating prostitution, referred to them recently as ‘a few cheerful prostitutes’, of no consequence compared to the miserable 95%.

It’s now 20 years since I first wondered how this refusal to listen operates, at a time when I lived far from Europe amongst very poor women, many of whom were thinking about travelling to Europe. Some already sold sex at home, many were thinking of doing it abroad, others did not want to sell sex but work as live-in maids. This means that my first thoughts and feelings were attached to a specific real-life situation in which I had no axe to grind, no interest one way or the other. In terms of research on women who sell sex I even had what can be called a control group – women of the same cohort who didn’t sell sex. I was unaware a conflict existed within feminism on the topic, I hadn’t read books about prostitution. I was just as interested in what women said about being maids, and I still am. I’ve commented frequently on how my original research question, before I knew what research was, really, concerned the presumption by middle-class women that they Knew Better than sex workers what they should do with their lives. When I studied for a Master’s and then a doctoral degree my focus was never on migrants but on people wanting to rescue them, and after some six or seven years I felt I had answered my original question in several ways. Read Sex at the Margins for details.

I have followed events closely in Europe now for 15 years, living in several different countries and visiting many others, sometimes for extended stays. France is a country I have known since a first school trip from London to Calais, maybe in 1961, and since then I have spent a lot of time there. So i closely watched the action in France’s Assemblée last Friday – not the rhetoric, which I know by heart, but the tones and nuances of speech by the proponents of the law. The auditorium was nearly empty, but all politicking was over; what happened on the floor was not debate but the formal rhetoric of presenting a proposition. Any suggestion from the opposition that the law was sloppily conceived was rebutted with arch-seriousness about how long and carefully proponents had worked on it. The media were accused of missing the point, said to be not penalising clients but protecting women who sell sex.

I do understand what Najat Vallaud-Belkacem, France’s Minister for Women’s Rights, wants to do. I’ve studied in depth what this one kind of feminism wants to achieve, i see how marvellous it sounds – a world without prostitution, a France in which State Feminism takes a daring step towards Gender Equality. Vallaud-Belkacem herself is a very different face for abolitionism from the more embittered and older radical feminists we’ve become used to: Gunilla Eckberg, Melissa Farley, Janice Raymond, Alice Schwarzer and others in every country. She is younger, prettier and was born in a colony, Morocco. French campaigneers have not leant on anti-trafficking rhetoric but on the classic idea that prostitution is a patriarchal institution that must be abolished – the arguments I read when I first started my formal studies in the late 90s. Unfounded numbers of trafficking victims are thrown out, yes, but I read the French effort as being more serious than that. The thing is neither slapdash nor hysterical but part of a sober attempt to change the European panorama, to shift the gaze from small-population Nordic countries never seen as important European players to the continent, to France – to the heart of real Europe. I see this shift as game-changing.

On the other hand, the reason i wrote Sex at the Margins still holds; nothing has improved for sex workers or for people called trafficked or for undocumented migrants in Europe. The anti-trafficking movement has diverted attention and money into everything but benefiting the women pitied in the first place. Campaigners have yet to comprehend how migrants, and a lot of other women, feel about doing high-stigma, risky, better-paying jobs – especially when the other options are practically non-existent. Rescuers’ fundamental project insists on the need to force people into leading lives considered better. It would appear they are incapable of imagining that others are different from themselves, that migrants perceive their options on the basis of their own life experiences and goals. The question is much bigger than Do you like selling sex? rather it is how the range of an individual’s needs, from sleeping patterns to children’s school schedules and the desire for consumer goods may lead them to prefer selling sex to everything else Rescuers can offer. In fact they offer little, which victims and non-victims alike understand.

Few sex workers are attracted by ‘exit strategies’ or ‘diversion programmes’. They hate being low-paid, disparaged, disrespected cleaners, nannies and maids. They don’t want to return to their countries as failed migrants. They don’t want to be poorer again. The sex act may be something they adapt to, learn to enjoy or close their eyes and endure, but if doing it provides more freedom, autonomy, flexibility or hope then it can be preferred, whether people were born in France, China, Nigeria or Brazil. The majority have consented to sell sex, somehow or other, to some degree. Insisting that they leave the milieu when there is so little to offer them is the opposite of kind. In the Rescue Industry protagonists are those who appoint themselves to ‘accompany’ victims out of the life, not those being saved. The consent of adult women is denied en masse.

The French law, apart from the fine of 1500€ for clients arrested the first time, is all about Rescue. The frame is France does not welcome prostitution, meaning prostitution must cease to exist there. It’s estimated at least 80% of sex workers in France moved there from somewhere else, some with the right to remain and look for other jobs. Other migrants are offered 336€ a month for six months if they promise to stop selling sex; since this is far from enough to live on it’s obviously hoped they will leave more quickly, moving to someone else’s country, putting the proposition in the NIMBY tradition – Not in My Back Yard. Street soliciting, outlawed by Sarkozy in 2003 but for many years tolerated or enforced unevenly in different cities, would be permitted again. The law’s backers claim this to be a kind step, but street sex workers say clients will only insist on going to less accessible, more dangerous places to have sex. Besides, local ordinances against street soliciting can be and have been passed at the city level; Lyon is an example.

Logistically the law was informally voted on last Friday. Today is the formal vote. If it passes it is sent to the Sénat, where two scenarios are possible: It passes and goes into effect or it is rejected and sent back to the Assemblée with amendments. In the latter case, the Assemblée vote on a new version that goes back to the Sénat. If the Sénat reject that, a commission paritaire would be named, half from the Sénat, half from the l’Assemblée. The version produced by this commission would then be voted on by the Assemblée, who have the last word. (Thanks to Morgane Merteuil of STRASS for clarifying this process. See their website for other information).

I have loads of links to videos and articles I’ll try to put up soon.

–Laura Agustín, the Naked Anthropologist

Contentious and contradictory: Prostitution-law campaigns in Europe

See this perfectly ordinary building? Most sex is sold here, out of conventional flats and apartments, anywhere in the world. The photos of women on the street beloved of dull editors teach that sex work is in the street, and the other photos editors use, of women sitting on barstools, teach that whatever’s not in the street is in brothels or sex clubs. On the contrary, of the many millions worldwide who sell sex of all kinds, most undoubtedly operate discreetly via telephone from their own residence or someone else’s, in the conventional housing we all live in. The photos here are European examples because a conference I’m speaking at speculates about Europe. From the website:

Sexual Citizenship and Human Rights: What Can the US Learn from the EU and European Law?

22-24 November 2013
University of Texas at Austin Law School
Eidman Courtroom, Room 2.306
727 East Dean Keeton Street
Map

The conference will focus on several difficult issues at the intersection of sexual self-determination and human rights, including same-sex marriage and family, the potential and limits of anti-discrimination laws, transgender rights, sex work and trafficking, youth sexuality, pornography as it affects minors, and the regulation of sex offenders. Individual papers will explore European and American attitudes and practices on each of these issues, with the goal of presenting new conceptual paradigms for future reform efforts. The conference brings together academics, practicing attorneys and therapists, state policy makers, and activists from various points of view.

Attendance is free but registration is required. Full programme

Saturday 23 November
5:15-7:00 p.m. Session Six: Sex Work, Migration and Trafficking

Laura Agustín

Contentious and Contradictory: Prostitution-law Campaigns in Europe (30 min)

Despite the sex-industry’s proliferation into areas where prostitution laws hardly apply, Europeans quarrel tirelessly over which law is correct. Notions of how to protect and serve women compete: 1-the Swedish/Nordic model, which prohibits buying sex whilst allowing its sale, holding that prostitution is violence against women and an absolute impediment to gender equality; 2- regulationism (partial legalisation), which favours allowing middle-class commercial establishments (clubs, bars, brothels) and prohibits street prostitution; 3-decriminalistion, which demands removal of all laws that penalise sex work and favours independent work. Ill-informed campaigns about sex trafficking obstruct pragmatic discussion of now dysfunctional migration laws. Essentialist notions of national sexualities compete with Europeanist proposals, and academic claims about ‘evidence of harm’ muddy the waters. The result is a constant barrage of contradictory messages.

I am not a habitual conference-goer. I do not like to sit passively all day or listen to short versions of deep topics and I have never found the kind of socialising that happens enjoyable. I also hate flying in, living in a hotel and flying out, seeing and feeling nothing of the location but university halls, hotel salons and predictable tourist sights. (I’m going to this thing because I can stay a week, so if you are in Austin…) And now that the law penalising men who buy sex is going to pass in France, I’ll have even more to say than I planned when I wrote that abstract.

I reject reductionist ideas about national cultures and have long thought of myself as a sort of anthropologist of Europe. I believe the move of the law to continental Europe changes the game. I personally am not surprised, perhaps because I’ve lived and spent lots of time in France, Spain and Italy and experienced the same feelings and arguments on the subject of prostitution everywhere. Particularly I’ve experienced the same feminist battles in the same tedious war for coming on to 20 years, so I don’t subscribe to the idea that a few Swedes caused all this client-hating. Once in Valencia I was asked by a renowned Socialist lawyer if I was in favour of torture and arms-trafficking, given my opposition to the present sex-trafficking crusade. I moved away from Madrid because the abolitionist feminists there not only drove me round the bend but made me nervous for my own safety at one event. That was the one where a French woman boomed out We don’t have to talk to prostitutes to know what prostitution is. When I was evaluating anti-violence projects for the European Commission, a Belgian at the European Women’s Lobby denounced me to the director as morally inappropriate, losing me the job. All these attacks took place ten or more years ago, long before Sex at the Margins came out.

After Italian media picked up last week’s story about France, an Italian abolitionist published an attack on me and Thierry Schaffauser entitled Negazioniste della tratta e attori porno smemorati because, as Mira Sorvino’s pals said, I am a Holocaust Denier. Someone seeing the recent attack wrote Questa Augustin è una criminale, in poche parole. [Other Italians responded with defence immediately, more on that another time.] Some educated, feministically-inclined women and men have deplored sexworker-rights ideas in every culture, and others oppose them everywhere as well.

Swedes developed this particular law, but other laws, other ordinances, other police rules have attempted to destroy prostitution before, and not only because it is a social nuisance in the eyes of some but because it is considered wrong. Women who sell sex are often now talked of as victims rather than criminals, increasingly even in the USA, where they are actually criminals by law. The whole premise of the Rescue Industry is to save innocent people from sex-exploiters, with actions that make sense inside all sorts of religious traditions. Schools to re-educate and intimidate clients, fines for kerb-crawling, posting of men’s photos on websites to shame them are descendants of late 19th-century campaigns that had activists running after prostitutes and their clients in the streets. The law can win in the Irelands and France as well as Norway, Iceland and Sweden because the concepts being promoted resonate amongst moral crusaders in all these societies. When the law doesn’t win somewhere in one parliamentary vote it may win on another occasion, because campaigners certainly do not give up just because they did not win the first time.

Last week I mentioned feeling we were moving into a period of Social Purity, which some objected to. A week later I still feel that way and have gone back to re-reading some texts on the subject I first read more than ten years ago. Will report back.

–Laura Agustín, the Naked Anthropologist

France anti-prostitution crusade succeeding, rights activists disqualified from debate

Not so long ago the French would shrug and sigh about prudish societies where sex could still provoke scandal, scoffing at melodramas acted out in the USA by politicians caught doing something opposed to so-called family values. Dominique Strauss-Kahn used this tradition with his claim to be engaging in ‘libertine activity’ when he paid for sex at parties. Now this is changing, not only because of Strauss-Kahn’s continuing saga but because the French parliament is set to pass a law against buying sex that was previously associated with countries to the north.

A couple of years ago I wrote Europe’s anti-prostitution initiatives multiply, discussing France in the context of the European Women’s Lobby campaign for a Europe Free from Prostitution. UN Women National Committee Sweden recently called this ‘an issue that divides the world, and where the Northern European and the global women’s movement fight for recognition of fundamentally different values.’ Perhaps now France will feel more northern than southern Europe.

In networks of activism for sex workers’ rights and better commercial-sex laws, the bill set to pass in France has been a focus of campaigning for some time. Many unfamiliar with the subject cannot believe their ears when told about the contradictory law known as the Swedish or Nordic model, which prohibits the buying of sex while allowing it to be sold. In Prostitution Law and the Death of Whores I said:

Yes, it’s illogical. But the contradiction is not pointless; it is there because the goal of the law is to make prostitution disappear, by debilitating the market through absurd ignorance of how sex businesses work.

Although a lot of activism now takes place via social-media websites, sometimes an email is better. Thierry Schaffauser sent the following ideas in a message about the current situation in France to an activist list. I have added links he provided and edited so that outsiders to these conversations may understand. The full text of the proposed French law can be read here: Proposition de loi renforçant la lutte contre le système prostitutionnel.

Dear all,

I think what we fear is going to happen.

The Socialist party introduced the bill, which was co-signed by all other parties affiliated to the Socialists as well as the Communist and Left parties, so there is already a majority in favour of the law. The right wing might vote with them as well. Even MPs who are against the law will probably vote for it, out of party discipline and to avoid being labelled as sexist, pro-pimp and pro-prosti-killers by feminists (prosti-tueurs is the new name they give to men who buy sex).

In parliamentary hearings two former prostitutes were invited to speak, both affirming the shame, degradation and self-destruction of prostitution. Current sex workers were not asked to testify; one of us spoke along with the health organisations. We have held many demonstrations and shown all the evidence, but we are ignored. The sponsors use flawed evidence and anonymous testimonies; they don’t care about NGOs or research.

Sponsors of the bill claim all the time that 90% of prostitutes are victims of trafficking. This percentage may be their estimate for non-French sex workers, not trafficking victims, but abolitionists don’t distinguish between the two. No source is given for the figure. All migrants are defined as trafficked.

Sex workers who oppose the bill are accused of being a non-representative and privileged minority, so selfish that we defend our own interest and those of pimps and willing to sacrifice the majority of poor victims of trafficking and rape. They insist they will not pass a law on behalf of sex workers who claim to consent to prostitution. They say that our consent is flawed due to poverty and other constraints, and believe that if we were to leave prostitution and go into therapy we would recognise that we had lied to ourselves and that prostitution is, in fact, harmful.

Migrant sex workers from all parts of the world increasingly join the sexworker union STRASS, but they don’t participate in public debates because of the language barrier and the stigma. During our last demonstration there were many migrants, but they were ignored by mainstream media. The bill would make it possible for migrant sex workers to get a six months’ residence permit on condition they agree to stop prostitution.

Sponsors of the law don’t care that only 22% of the French population are in favour of fining clients 1500€, because they say in Sweden the law succeeded in changing people’s minds about prostitution. They share the same goal to educate people in France. The bill would mandate school programming to teach that buying sex is like rape and that prostitution is degrading.

The bill says street soliciting will be permitted, but local by-laws can be passed to maintain public order, so sex workers would not even be decriminalised.

The bill would instruct Internet Service Providers to alert authorities and give power to block access to websites suspected of profiting from prostitution, which means even escort advertising could be targeted. One MP said it would be possible for police to use our phone numbers, which we fear means they could listen to conversations in order to identify and arrest clients and lead to forced entry into our homes and workplaces.

Sponsors of the bill don’t even listen to police, who say criminalising clients would be too difficult to implement and would divert efforts to combat trafficking.

A few days ago a group of reactionary right-wing men started defending the right to buy sex in a very sexist manner. They are being widely reported in the media, and sex workers who oppose the bill are made to look as if we side with them, which is terrible for us.

I don’t know what to do now.

See La pénalisation contre-productive for more on the bill from Thierry Schaffauser.

Many of Thierry’s comments illustrate how certain social actors are disqualified from participating in debates, including when their own welfare is at stake. The most peculiar idea pushed by abolitionism is that there must be a single interpretation for the act of selling sex, that all who do it must agree about the experience. In the case of sex workers who do not want their clients penalised, crusaders give a range of excuses for why their opinions are not relevant, appropriate, serious or believable, allowing their exclusion from debate. Somehow prostitution has come to be a subject where disqualification and discrediting are major tactics for winning political campaigns, where crusaders aggressively dismiss women, men and transgender people from attempting to tell their experiences. The most extreme disqualification goes to the voice of anyone currently selling sex:

Aucune personne prostituée pendant qu’elle exerce la prostitution ne dira jamais qu’elle est contrainte, jamais. Tout le monde effectivement dit que ‘je le fais volontairement’. Ce n’est qu’au moment où la prostitution s’arrête que les personnes disent en fait ce n’était pas ce je disais. – Danielle Bosquet

This authoritarian trump card permits anyone claiming autonomy in selling sex to be dismissed on non-provable ‘brainwashing’ grounds. See Prostitution Law and the Death of Whores for more on how disqualification works.

The turning of all migrants who sell sex into victims of trafficking is what drove me into reading and research in the late 1990s. Sex at the Margins: Migration, Labour Markets and the Rescue Industry is the result of that research, along with articles in academic journals that opened the door to a new field of study. Moral entrepreneurs disqualify this work, too, as exceptional and irrelevant.

The French legislation is highly repressive in many ways. That it is sold as morally righteous confirms my feeling that we have moved into a period of Social Purity, the name given to a movement in Anglo countries in the late 19th century, in which the pursuit of prostitutes and their clients was a principle activity. The difference now can be seen in clauses to the French bill that would increase police power by allowing more surveillance of telephones and possible blocking of Internet sites where sex is offered for sale. The Rescue Industry now propose to save us from even the sight of advertisements considered to foment prostitution; we are all to be re-educated and rehabilitated for our own good.

–Laura Agustín, the Naked Anthropologist

Prostitution Law & the Death of Whores in Jacobin Magazine

This essay ran first in Jacobin and was picked up by Salon and given a different title. Comments on the different slants to come soon.

Prostitution Law and the Death of Whores

Laura Agustín, Jacobin, 15 August 2013

It doesn’t matter which political direction you come from: the topics of sex work, sexual exploitation, prostitution and sex trafficking seem like a veritable Gordian Knot. As long as you listen to one set of advocates and take their evidence in good faith, you are okay. But the minute you listen to another set of advocates with different arguments and evidence, everything falls apart. The way these subjects intersect leads to untenable contradictions that make progress seem impossible. Hand-wringing and ideological free-for-alls predominate.

Twenty years ago I first asked two questions that continue to unsettle me today. The first is answerable: What does a woman who sells sex accomplish that leads to her being treated as fallen, beyond the pale, incapable of speaking for herself, discountable if she does speak, invisible as a member of society? The answer is she carries a stigma. The second question is a corollary: Why do most public conversations focus on laws and regulations aimed at controlling these stigmatized women rather than recognizing their agency? To that the answer is not so straightforward.

I am moved to make this assessment after the murder of someone I knew, Eva-Maree Kullander Smith, known as Jasmine. Killed in Sweden by an enraged ex-partner, Eva-Maree was also a victim of the social death that befalls sex workers under any name you choose to call them. Immediately after the murder, rights activists cursed the Swedish prostitution law that is promoted everywhere as best for women. My own reaction was a terrible sinking feeling as I realized how the notion of a Rescue Industry, named during my research into the “saving” of women who sell sex, was more apt than even I had thought.

Murders of sex workers are appallingly frequent, including serial killings. In Vancouver, BC, Robert Pickton killed as many as 26 between 1996 and 2001 before police cared enough to do anything about it. Gary Ridgeway, convicted of killing 49 women in the 1980s-90s in the state of Washington, said, “I picked prostitutes because I thought I could kill as many of them as I wanted without getting caught.” Infamous statements from police and prosecutors include the Attorney General’s at Peter Sutcliffe’s 1981 trial for the murder of at least 13 women in the north of England: “Some were prostitutes, but perhaps the saddest part of this case is that some were not.” He could say this because of a ubiquitous belief that the stigma attached to women who sell sex is real – that prostitutes really are different from other women.

My focus on the female is deliberate. All who propose prostitution policy are aware that men sell sex, but they are not concerned about men, who simply do not suffer the disgrace and shame that fall on women who do it.

Stigma and disqualification

Many people have only a vague idea what the word stigma means. It can be a mark on a person’s body – a physical trait, or a scarlet letter. It can result from a condition like leprosy, where the person afflicted could not avoid contagion. About his selection of victims Sutcliffe said he could tell by the way women walked whether or not they were sexually “innocent”.

Stigma can also result from behaviors seen to involve choice, like using drugs. For Erving Goffman, individuals’ identities are “spoiled” when stigma is revealed. Society proceeds to discredit the stigmatized – by calling them deviants or abnormal, for example. Branded with stigma, people may suffer social death – nonexistence in the eyes of society – if not physical death in gas chambers or serial killings.

In the late 1990s I wondered why a migrant group that often appeared in media reports and was well-known to me personally was absent from scholarly migration literature. I came to understand that migrant women who sell sex were disqualified as subjects of migration, in some perhaps unconscious process on the part of scholars and journal editors. Was the stigma attached to selling sex so serious that it was better not to mention these migrants at all? Or did people think that the selling of sex must transport anything written about it to another realm, such as feminism? When I submitted an article to a migration journal addressing this disqualification, The Disappearing of a Migration Category: Women Who Sell Sex, two and a half years passed before its publication, probably because the editor could locate no peer reviewers willing to deal with my ideas.

Of the many books on prostitution I read back then, most dismissed the possibility that women who sell sex can be rational, ordinary, pragmatic and autonomous. The excuses followed a pattern: The women didn’t understand what they were doing because they were uneducated. They suffered from false consciousness, the failure to recognize their own oppression. They were addicted to drugs that fogged their brains. They had been seduced by pimps. They were manipulated by families. They were psychologically damaged, so their judgements were faulty. If they were migrants they belonged to unenlightened cultures that gave them no choices. They were coerced and/or forced by bad people to travel, so they weren’t real migrants, and their experiences didn’t count. Because they were brainwashed by their exploiters, nothing they said could be relied on. This series of disqualifications led to large lacunae in social-scientific literature and mainstream media, showing the power of a stigma that has its very own name – whore stigma. Given these women’s spoiled identities, others feel called to speak for them.

Rescue Industry, legal regimes and stigma

The person in a helping profession or campaign is said to embody the good in humanity – benevolence, compassion, selflessness. But helpers assume positive identities far removed from those spoiled by stigma, and benefits accrue to them: prestige and influence for all and employment and security for many. Many believe that helpers always know how to help, even when they have no personal experience of the culture or political economy they intervene in. What I noted was how, despite the large number of people dedicated to saving prostitutes, the situation for women who sell sex never improves. The Construction of Benevolent Identities by Helping Women Who Sell Sex was the key that unlocked my understanding of the Rescue Industry.

Abolitionists talk continuously about prostitution as violence against women, set up projects to rescue sex workers and ignore the dysfunctionality of much that is conceived as “rehabilitation”. Contemporary abolitionism focuses largely on the rescue of women said to be victims of trafficking, targeting the mobile and migrant women I mentioned earlier, who are now completely disappeared in a narrative of female victimhood. Although much of this goes on under a feminist banner, colonialist maternalism describes it better.

In classic abolitionism, whore stigma is considered a consequence of patriarchy, a system in which men subjugate women and divide them into the good, who are marriageable, and the bad, who are promiscuous or sell sex. If prostitution were abolished, whore stigma would disappear, it is claimed. But contemporary movements against slut-shaming, victim-blaming and rape culture clearly show how whore stigma is applied to women who do not sell sex at all, so the claim is feeble. Instead, abolitionism’s aversion to prostitution probably strengthens the stigma, despite the prostitute’s demotion to the status of victim rather than the transgressor she once was.

Under prohibitionism, those involved in commercial sex are criminalized, which directly reproduces stigma. In this regime, the woman who sells sex is a deliberate outlaw, which oddly at least grants her some agency.

For advocates of the decriminalization of all commercial-sex activities, the disappearance of whore stigma would occur through recognizing and normalizing the selling of sex as labor. We don’t yet know how long it may take for stigma to die out in places where some forms of sex work are decriminalized and regulated: New Zealand, Australia, Germany, Holland. Given the stigma’s potency in all cultures one would expect it to diminish unevenly and slowly but steadily, as happened and continues to happen with the stigma of homosexuality around the world.

Prostitution law and national moralities

I explained my skepticism about prostitution law at length in an academic article, Sex and the Limits of Enlightenment: The Irrationality of Legal Regimes to Control Prostitution. All prostitution laws are conceived as methods to control women who, before ideas of victimhood took hold, were understood to be powerful, dangerous figures associated with rebellion, revolt, carnival, the world upside down, spiritual power and calculated wrongdoing. Conversations about prostitution law, no matter where they take place, argue about how to manage the women: Is it better to permit them to work out of doors or limit them to closed spaces? How many lap-dancing venues should get licenses and where should they be located? In brothels, how often should women be examined for sexually transmitted infections? The rhetoric of helping and saving that surrounds laws accedes with state efforts to control and punish; the first stop for women picked up in raids on brothels or rescues of trafficking victims is a police station. Prostitution law generalizes from worst-case scenarios, which leads directly to police abuse against the majority of cases, which are not so dire.

In theory, under prohibitionism prostitutes are arrested, fined, jailed. Under abolitionism, which permits the selling of sex, a farrago of laws, by-laws and regulations give police a myriad of pretexts for harrying sex workers. Regulationism, which wants to assuage social conflict by legalizing some sex-work forms, constructs non-regulated forms as illegal (and rarely grants labor rights to workers). But eccentricities abound everywhere, making a mockery of these theoretical laws. Even Japan’s wide-open, permissive sex industry prohibits “prostitution” defined as coital sex. And in recent years a hybrid law has arisen that makes paying for sex illegal while selling is permitted. Yes, it’s illogical. But the contradiction is not pointless; it is there because the goal of the law is to make prostitution disappear by debilitating the market through absurd ignorance of how sex businesses work

Discussion of prostitution law occurs in national contexts where rhetoric often harks back to essentialist notions of morality, as though in this highly-travelled, hybrid-culture world it were still possible to talk about authentic national character, or as though “founding father” values must define a country for all time. One intervenor at the recent Canadian Supreme Court hearing on prostitution law argued that decriminalization would defy founding values of “the Canadian community”: “that women required protection from immoral sexual activity generally and prostitution specifically” and “strong moral disapproval of prostitution itself, with a view to promoting gender equality”. The national focus clashes with anti-trafficking campaigns that not only claim to use international law but sponsor imperialist interventions by western NGOs into other countries, notably in Asia, with the United States assuming a familiar meddling role vis-à-vis Rest-of-World.

Gender Equality, State Feminism and intolerance

Gender Equality is now routinely accepted as a worthy principle, but the term is so broad and abstract that a host of varying, contradictory and even authoritarian ideas hide behind it. Gender Equality as a social goal derives from a bourgeois feminist tradition of values about what to strive for and how to behave, particularly regarding sex and family. In this tradition, loving committed couples living with their children in nuclear families are society’s ideal citizens, who should also go into debt to buy houses and get university educations, undertake lifetime “careers” and submit to elected governments. Although many of these values coincide with long-standing governmental measures to control women’s sexuality and reproduction, to question them is viewed with hostility. The assumption is that national governmental status quos would be acceptable if women only had equal power within them.

Gender Equality began to be measured by the UN in 1995 on the basis of indicators in three areas: reproductive health, empowerment and the labor market. Arguments are endless about all the concepts involved, many seeing them as favouring a western concept of “human development” that is tied to income. (How to define equality is also a vexed question.) Until a couple of years ago, the index was based on maternal mortality ratio and adolescent fertility rate (for health), share of parliamentary seats held by sex plus secondary/higher education attainment (for empowerment) and women’s participation in the work force (for labor). On these indicators, which focus on a narrow range of life experiences, northern European countries score highest, which leads the world to look there for progressive ideas about Gender Equality.

These countries manifest some degree of State Feminism: the existence of government posts with a remit to promote Gender Equality. I do not know if it is inevitable, but it is certainly universal that policy promoted from such posts ends up being intolerant of diverse feminisms. State Feminists simplify complex issues through pronouncements represented as the final and correct feminist way to understand whatever matter is at hand. Although those appointed to such posts must demonstrate experience and education, they must also be known to influential social networks. Unsurprisingly, many appointed to such posts come from generations for whom feminism meant the belief that all women everywhere share an essential identity and worldview. Sometimes this manifests as extremist, fundamentalist or authoritarian feminism. Sweden is an example.

Sweden and prostitution

Jämställdhet, Photo Malinka Persson

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 at all and did all he could to impede her. 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.

When media are king

Media handling of these incidents reproduces stigma with variation according to local conditions. The mainstream Swedish press did not mention that Eva-Maree was an escort, because to do so would have seemed to blame her and blacken her name. In the case of a series of murders in Ipswich, England, the media’s relentless talk of prostitutes led the victims’ parents to request they use the term sex workers. A number of dead women on Long Island, NY, were discussed as almost “interchangeable – lost souls who were gone, in a sense, long before they actually disappeared” (Robert Kolker, New York Times, 29 June 2013). A woman murdered recently near Melbourne, Australia, was called “St Kilda prostitute” rather than “sex worker” or even, simply, “woman”, in a place where the concept of sex work is actually on its bumpy way to normalization. I’m talking here about the mainstream, whose online articles are reproduced over and over, hammering in the clichés.

Editors who append photos to articles on the sex industry use archetypes: women leaning into car windows, sitting on bar stools, standing amidst traffic – legs, stockings and high heels highlighted. Editors do this not because they are too lazy to find other pictures but to show, before you read a word, what the articles are really about: women whose uniform is the outward sign of an inner stain. Similarly, when writers and editors use the clichéd language of a “secret world”, “dark underbelly”, “stolen childhoods”, “seedy streets” and “forbidden fruit”, they are not simply being sensationalist but pointing to the stigma: Here’s what this news is really about – the disgusting and dangerous but also eternal and thrilling world of whores.

Cutting the Gordian Knot

Not long ago I was invited to speak at the Dublin Anarchist Bookfair on the topic of sex work as work. The announcement on Facebook provoked violent ranting: to have me was anti-feminist, against socialism and a betrayal of anarchism. I wrote Talking about sex work without isms to explain why I would not discuss feminist arguments in the short Dublin talk. I’m not personally interested in utopias and after 20 years in the field really only want to discuss how to improve things practically in the here and now. No prostitution law can comprehend the proliferation of businesses in today’s sex industry or account for the many degrees of volition and satisfaction among workers. Sexual relations cannot be “fixed” through Gender-Equality policy. If I were Alexander standing over the knot I would slice it thus: All conversations from this moment will begin from the premise that we will not all agree. We will look for a variety of solutions to suit the variety of beliefs, and we will not compete over which ideological position is best. Most important, we will assume that what all women say is what they mean.

LAURA AGUSTÍN is author of Sex at the Margins: Migration, Labour Markets and the Rescue Industry (Zed Books). A researcher and analyst of human trafficking, undocumented migration and sex-industry research for the past 20 years, she blogs as The Naked Anthropologist.


The irrationality of prostitution laws

Brothel, Turkey, circa 1950s

Everyone thinks they know what prostitution is, but conversations quickly break down over what gets included and what doesn’t. Is it prostitution if you only do hand jobs? Phone sex? Webcam performances? Peep-shows, stripping, lap-dancing? Some people include everything, others are very specific. To me, all the hullaballoo about which prostitution law is best is bizarre, given how many different kinds of commercial sex exist. Some of these appear in photos on this page: consider which you think should be called prostitution if you like, or note when you start placing conditions such as ‘If so-and-so exists, then thus-and-such, but if it’s only this-and-that, then…’

Pinks Theater, Times Square, G Alessandrini, 1995

In 2008 I published an academic article that tears into the ground on which prostitution laws are written: Sex and the Limits of Enlightenment The Irrationality of Legal Regimes to Control Prostitution, in Vol 5, No 4 of Sexuality Research & Social Policy. Its language is academic, though I always tried to avoid the worst, most pretentious and opaque language. The references cited are, I see, quite extensive and not the usual stuff in this odd field – and nothing from law journals, which I generally find unhelpful and self-serving, by which I mean they refer only to themselves and pieces of existing law, rarely with any insight into why the laws exist in the first place.

Barbershop, China

Abstract: To assess the reasonableness of projects to improve the governance of commercial sex, the author explores how rationality in its current hegemonic Western sense is a cultural construction, perceived differently across time and space within Europe. The author examines some aspects of how varying conclusions are reached about which legal prostitution regime to impose, taking into account the role of cultures, worldviews, and interpretation. The author avoids the conventional classification of policy by country that results in unsubtle and overdetermined nationalistic explanations. Current projects to govern prostitution show how the traditional Western idea of rationality fails to lead to social betterment. Worldwide, social policy on prostitution tends to follow Western cues, in seeming acceptance that West is the best, with the most progressive, most enlightened approach. The rational project is, therefore, not limited to European geography.

Key words: rationality; licensing; trafficking; evidence; interpretation

Massage parlour, Kathmandu

It begins: In this article, I examine concepts of rationality and social progress (in their hegemonic Western sense) as cultural constructions so as to assess the reasonableness of projects to improve the governance of commercial sex. Such projects take the form of legal regimes to control prostitution. The word prostitutionis neither a precise job description nor the designation of unequivocal or definite acts but rather an idea loaded with ambiguities and moral judgments. Social and feminist debates on this idea repeat themselves fruitlessly because there is no agreement on a single definition of prostitution; in fact, profoundly opposed worldviews come into play, with the result that participants talk at cross-purposes. The situation is even less viable when debates pretend to arrive at a system to govern prostitution.

I reveal how rationality is perceived differently across time and space by examining a few different European sites and cultural contexts. To look at some aspects of how varying and conflicting conclusions are reached regarding what to do about prostitution, I focus particularly on two concepts, trafficking and sex, taking into account the role of culture, worldviews, and interpretation in explaining varying perceptions.

I avoid the conventional approach that treats countries as wholly separable entities—an approach that results in unsubtle, overdetermined nationalistic explanations. I discuss the fact that many of those to be regulated avoid participating in regulatory projects (if they even know about them), rather prioritizing their personal convenience, goals, and financial advantage (apparently preferring to be marginalized, pitied, vilified, and criminalized). Finally, I reflect on how current projects to rationalize the governance of prostitution show the ways that rationality fails to lead to social betterment.

Local European phenomena provide the case study here, but these so-called systems are debated, and in theory applied, all over the world. The fact that the projects do not work in European contexts is suggestive. A strong panEuropean tradition holds that enlightenment rules social policymaking and that, once the right policy is identified, problems will be solved, at least for all supposedly reasonable members of society. Continue reading here.

Free sex after the 9th wash

As it happens, I did not know this article, difficult for ordinary mortals to even know about, has been hanging on a Columbia Law School website since 2009. It is very odd to think of people discussing my work who knows where, without my knowing about it. I’ve proposed other ways to think about things under the concept of The Cultural Study of Commercial Sex. More ambiguous pictures there and by following links.

Anyway, please share and cite the original article – there’s little like it out there, that’s for sure.

–Laura Agustín, the Naked Anthropologist