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
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.
In the popular imaginary a pimp is a mean man engaged in pushing a few prostitutes around and taking their money. Usually portrayed as black or foreign, he is made out to thrive on dressing up and showing off. Pimping is sometimes placed as part of gang business and competition, again with racist and xenophobic overtones. In these stereotypes street prostitution is usually assumed, though that is changing.
In anti-prostitution and anti-trafficking crusades and policy the word pimp is used to cover every case of a man benefiting from prostitution, whether by taking a percentage of sex workers’ earnings for work done (as a driver, or web-page tech, for example) or for living with sex workers, giving advice, providing back-up.
Some want to distinguish clearly between those genuine helpers and the bad things ‘real pimps’ do, but I have learned over decades that trying to draw that line is a futile exercise. Sometimes sex workers love the men who push them around. Sometimes women pay men back in ways not visible to outsiders bent on seeing only one thing. Often the relationship is temporarily convenient and may be fluid, drifting back and forth between desired and consensual and not.
Rarely do we get a sense of pimping as a job in an organisation, the sort of ‘organised crime’ that anti-trafficking police forces and the UN go on about. As with so many aspects of the sex industry most people know absolutely nothing about how it can work. When I suggested a field called the Cultural Study of Commercial Sex I said policy (prostitution law, sex-venue licensing, red-light districting, employment rules) would benefit from knowing more instead of staying on the ignorant outskirts. Moralising is very often a form of ignorance. This applies to the world of mediators, facilitators, agents, smugglers, madams and pimps.
The narrator of Jo Nesbø’s Blood on Snow is explaining how he came to be a fixer (hit-man) for a villain. There were various jobs available, and he tried several: driving get-away cars, robbery, drugs-dealing and pimping. In the following story he was on a low rung in the pimping business where Hoffmann is the top boss and Pine his second man. The place is Oslo.
Prostitution. I don’t have a problem with women earning money whatever way they like, and the idea that a bloke – me, for instance – should get a third of the money for sorting things out so the women can concentrate on the actual work. A good pimp is worth every krone they pay him, I’ve always thought that. The problem is that I fall in love so quickly, and then I stop seeing it in terms of business. And I can’t handle shaking, hitting or threatening the women, whether or not I’m in love with them. Something to do with my mother, maybe, what do I know? That’s probably why I can’t stand seeing other people beating up women either. Something just snaps. Take Maria, for instance. Deaf and dumb, with a limp. I don’t know what those two things have got to do with each other – nothing probably – but it’s a bit like once you get started getting bad cards, they just keep coming. Which is probably why Maria ended up with an idiot junkie boyfriend as well. He had a fancy French name, Myriel, but owed Hoffman thirteen thousand for drugs. The first time I saw her was when Pine, Hoffmann’s head pimp, pointed out a girl in a home-made coat and with her hair up in a bun, looking like she’d just left church. She was sitting on the steps in front of Ridderhallen, crying, and Pine told me she was going to have to pay back her boyfriend’s drug debt in kind. I thought it best to give her a gentle start, just hand-jobs. But she jumped out of the first car she got into after barely ten seconds. She stood there in floods of tears while Pine yelled at her. Maybe he thought she’d hear him if he shouted loud enough. Maybe that was what did it. The yelling. And my mum. Either way, something snapped, and even if I could see what Pine was trying to get into her head I ended up decking him, my own boss. Then I took Maria to a flat I knew was empty, then went to tell Hoffmann that I was no use as a pimp either. Blood on Snow, pp 6-7, Jo Nesbø
In my own The Three-Headed Dog, a strongman working for an organisation is looking for a new job. Sarac’s career has included soldiering as a very young man and a range of jobs lumped together as Security, in different parts of Europe and in the Caribbean. He is told his next job will be in West Africa, but he doesn’t want to go, feels comfortable on the Costa del Sol and is now looking for a way to stay. He is approached by a man with a job offer.
In this photo at least a man’s head and body are cut off, not only a woman’s (the usual practice).
‘You have to specialise according to what work the people travelling are going to do. You have to use contacts specific to the sector. For instance, it might sound strange, but I have no good contacts in construction on the coast, or in property development. Those are competitive areas it would be stupid to try to get into. But I do know someone with long experience in the flats. Apartments where women work. You understand. And that’s just here. In the region we can call home I have a few powerful names. The operation would be high-quality, and there are different directions to take. A wide range of businesses, no need to deal with the low end.’ He paused. Sarac betrayed no reaction. Tarts, he thought. Bloody pimp-ing. The very last thing he was looking for. The Three-Headed Dog, Laura Agustín
If you’re interested in fiction’s genre labels: Nesbø’s book is placed as Nordic Noir; the Dog as Mediterranean Noir. Noir is about moral ambiguity, as when a pimp can’t stand abusing women so becomes a hard-boiled killer instead. Sarac is looking for something else to do, and has to get there using strong arms. What else does he have, after all? When police and moral entrepreneurs rant about putting criminal men in prison I often think: What jobs do they imagine to be available for men and boys cut out of the mainstream, with no access to anything but the lowest-class, worst-paid work, no expectation of social mobility or respect? Perhaps those thinking about ‘root-causes’ of prostitution and trafficking might consider that, rather than figuring them all as evildoers to be imprisoned for long terms, in prisons that only teach them better techniques for crime.
Reader reviews of The Three-Headed Dog Reviewers of The Three-Headed Dog have been showing they get it: The detective-narrator is a woman with a complicated and...
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.
Last week I spent most of a day watching the Supreme Court’s hearing of arguments on Canadian prostitution law, the upshot of four years of legal battling since the Ontario Superior Court of Justice’s 2010 decision that it was unconstitutional. (I tweeted the event, look here on 13 June). While studies of different kinds were sometimes mentioned at the Supreme Court, no so-called experts (on the basis of academic-style research) spoke. This contrasts with what happened at the original trial.
In October 2010 I ran excerpts from Judge Himel’s decision on her experience and understanding of opposing expert opinions about the harm of prostitution on society and the harm of the law on those who sell sex. I have the impression Judge Himel was appalled by some of the declaiming she heard, and I am surprised the anti-prostitution witnesses did not think about moderating their strident tone before appearing in a High Court. Before I write about the Supreme Court hearing, here again are the excerpts. Himel’s thinking is interesting to people thinking about the idea of evidence – what qualifies, how it’s evaluated. Or read her full decision. Before discussing experts’ views she addresses conflicting evidence from women who sell sex.
Evidence from Prostitutes and Former Prostitutes
[85] The applicants submitted affidavits from eight witnesses who described their perceptions and experiences of working as prostitutes. During oral argument, the applicants’ counsel submitted that the purpose of these witnesses was to provide “corroborative voices” . . . [86] The affiants came from varied backgrounds and from across Canada, but largely shared the experience of finding prostitution in indoor venues generally safer than street prostitution (indeed, a few experienced no violence at all working indoors). . . they entered into prostitution without coercion (although financial constraints were a large factor) and most reported being addiction-free and working without a pimp.
[87] The respondent tendered nine affidavits from prostitutes and former prostitutes, whose stories painted a much different picture. The respondent’s witnesses gave detailed accounts of horrific violence in indoor locations and on the street, controlling and abusive pimps, and the rampant use of drugs and alcohol.
[88] While this evidence provided helpful background information, it is clear that there is no one person who can be said to be representative of prostitutes in Canada; the affiants are an extremely diverse group of people whose reasons for entry into prostitution, lifestyles, and experiences differ.
Expert Evidence
[99] While neither party disputed that the other party’s witnesses were, in fact, experts, a great deal of argument and evidence was devoted to criticizing these witnesses. Both parties alleged that certain experts were biased, that conclusions were generalized beyond the sample studied, that studies were methodologically flawed . . . [114] The following factors are relevant to the consideration of the weight to be given to expert evidence:
a) Unwillingness of the expert to qualify an opinion or update it in the face of new facts provided (often in cross-examination);
b) Bold assertions without a properly outlined basis for the claim;
c) Refusal to restrict opinions to expertise or the expertise demarked by the judge as required by the court;
d) Lack of sufficient independence from the party proffering the expert; and
e) Prior history as an advocate on the topic.
[182] In reviewing the extensive record presented, I was struck by the fact that many of those proffered as experts to provide international evidence to this court had entered the realm of advocacy and had given evidence in a manner that was designed to persuade rather than assist the court. For example, some experts made bold assertions without properly outlined bases for their claims and were unwilling to qualify their opinions in the face of new facts provided. While it is natural for persons immersed in a field of study to begin to take positions as a result of their research over time, where these witnesses act primarily as advocates, their opinions are of lesser value to the court.
[183] The evidence from some of these witnesses tended to focus upon issues that are, in my view, incidental to the case at bar, including human trafficking, sex tourism, and child prostitution. While important, none of these issues are directly relevant to assessing potential violations of the Charter rights of the applicants.
[352] I find that some of the evidence tendered on this application did not meet the standards set by Canadian courts for the admission of expert evidence. The parties did not challenge the admissibility of evidence tendered but asked the court to afford little weight to the evidence of the other party.
[353] I found the evidence of Dr. Melissa Farley to be problematic. Although Dr. Farley has conducted a great deal of research on prostitution, her advocacy appears to have permeated her opinions. For example, Dr. Farley’s unqualified assertion in her affidavit that prostitution is inherently violent appears to contradict her own findings that prostitutes who work from indoor locations generally experience less violence. Furthermore, in her affidavit, she failed to qualify her opinion regarding the causal relationship between post-traumatic stress disorder and prostitution, namely that it could be caused by events unrelated to prostitution.
[354] Dr. Farley’s choice of language is at times inflammatory and detracts from her conclusions. For example, comments such as, “prostitution is to the community what incest is to the family,” and “just as pedophiles justify sexual assault of children….men who use prostitutes develop elaborate cognitive schemes to justify purchase and use of women” make her opinions less persuasive.
[355] Dr. Farley stated during cross-examination that some of her opinions on prostitution were formed prior to her research, including, “that prostitution is a terrible harm to women, that prostitution is abusive in its very nature, and that prostitution amounts to men paying a woman for the right to rape her.” [356] Accordingly, for these reasons, I assign less weight to Dr. Farley’s evidence.
[357] Similarly, I find that Drs. Raymond and Poulin were more like advocates than experts offering independent opinions to the court. At times, they made bold, sweeping statements that were not reflected in their research. For example, some of Dr. Raymond’s statements on prostitutes were based on her research on trafficked women. As well, during cross-examination, it was revealed that some of Dr. Poulin’s citations for his claim that the average age of recruitment into prostitution is 14 years old were misleading or incorrect. In his affidavit, Dr. Poulin suggested that there have been instances of serial killers targeting prostitutes who worked at indoor locations; however, his sources do not appear to support his assertion. I found it troubling that Dr. Poulin stated during cross-examination that it is not important for scholars to present information that contradicts their own findings (or findings which they support).
[358] The applicants’ witnesses are not immune to criticism. . . During cross-examination, Dr. Lowman expressed discontent with portions of his affidavit, citing “careless” language and “poorly reasoned argument.” Dr. Lowman rightly takes responsibility for the content of his affidavit, which was drafted for him by law students. In his affidavit, Dr. Lowman made a direct causal link between the Criminal Code provisions at issue and violence against prostitutes; however, during cross-examination he gave the opinion that there was, rather, an indirect causal relationship. Such inattentiveness on such a crucial issue is indeed concerning. During cross-examination, Dr. Lowman gave nuanced and qualified opinions, which more accurately reflect his research.
The other day, discussing the recommendation that DNA should be taken from men who buy sex, I ended with a question: how can anyone maintain a utopic vision about gender equality that relies on punishing so many people as criminals? That reminded me I had asked the same question in an article published more than ten years ago.
Although I wouldn’t write it exactly the same way now, I stand by its basic ideas. If Gender Equality is one of feminism’s goals, how can we imagine it without reducing everything to black and white, perpetrator and victim, crime, crime, crime? Click for the pdf or keep reading here.
In the movement to construct a discourse of ‘violence against women’, and thus to raise consciousness about kinds of mistreatment which before were invisible, the stage has been reached where defining crime and achieving punishment appears to be the goal. While it is progressive to raise consciousness about violence and exploitation in an attempt to deter the commitment of crimes, I hope to show that the present emphasis on discipline is very far from a utopic vision and that we should now begin to move toward other suggestions for solutions.
The following argument uses the example of prostitution or ‘sexual exploitation’ as an instance of ‘violence against women’, but the approach can apply to any attempt to deal with not only definitions of gender and sexual violence but with proposals to deal with them. When applied to adult prostitution, the term ‘sexual exploitation’ attempts to change language to make ‘voluntary’ prostitution impossible. For those who wish to ‘abolish’ prostitution, therefore, this change in terms represents progress, for now language itself will not be complicit with the violence involved. For those who may or may not want to ‘abolish’ prostitution but who in the present put the priority on improving the everyday lot of prostitutes, this language change totalizes a variety of situations involving different levels of personal will and makes it more difficult to propose practical solutions. When applied to the prostitution of children, the term ‘sexual exploitation’ represents a project to change perceptions about childhood. For those who believe that the current western model of childhood as a time of innocence should become the ‘right’ of all children in the world, this term is very important.
Criminalization of clients
Efforts to change sexist, racist and other discriminatory forms of language have long been a focus of projects of social justice in western societies, and the push to define ‘violence against women’ clearly forms part of this movement. Along with this, we see a strong move to have actions that fall within these new definitions proclaimed as crimes and their perpetrators punished. If prostitution is globally redefined as sexual exploitation (by ‘globally’ I mean that no distinctions are made according to whether prostitutes say they ‘chose’ sex work to any extent), therefore, all those who purchase sexual services, called usually ‘clients’, become ‘exploiters’.
Obviously, different terms function better or coincide more with different situations, but when social movements consciously work to change language they almost inevitably eliminate these differences. Since there are still plenty of places in the world where prostitutes are simplistically viewed as evil, contaminated, immoral and diseased, campaigns to change language so as to see the lack of choice and elements of exploitation in prostitutes’ situations are positive efforts to help them. Why, then, do these positive efforts have to be based on finding a different villain, to replace the old one?
I am referring to the discipline-and-punishment model that these efforts to change language and change perception inevitably use: in constructing a victim they also construct a victimizer—the ‘exploiter’, the bad person. After that, it is inevitable that punishment becomes the focus of efforts: passing laws against the offense and deciding what price the offender should pay. This model of ‘law and order’ is familiar to most of us as an oppressive, dysfunctional criminal justice system. We know that prisons rarely rehabilitate offenders against the law; we know that in some countries prison conditions are so bad that riots occur frequently, and if they don’t, perhaps they should. We also know that it is usually extremely difficult to prove sexual offenses (because of how the law is constructed, because of the difficulty of all these definitions of victimization, because legal advice can find ways out, etc.). Yet we continue to insist on better policing and more effective punishment, as though we didn’t know all of this.
International regulations on trafficking and sexual exploitation
My own work examines both the discourses and the practical programming surrounding the European phenomenon of migrant prostitution, the term used to describe non-Europeans working in the European sex industry (and, indeed, everyone who travels from one place to another in that vast network of diverse businesses). In most countries of the European Union, migrants appear now to constitute more than half of working prostitutes, and in some countries possibly up to 90 percent (Tampep, 1999). This situation has caused a change in the thinking on violence: now ‘traffickers’ of sex workers are discussed more than their clients. Because so many of the migrants come from ‘third world’ countries, ‘trafficking’ discourses have become a forum for addressing ‘development’ projects such as structural adjustment policies of the International Monetary Fund. But the more active debates have concerned violence, in a way that constructs them as organized crime.
One of the fora of this highly conflictive discussion was the United Nations Commission for the Prevention of Crime and Penal Justice, which met various times in Vienna to elaborate protocols on the trafficking of migrant workers. Two distinct lobbying groups argued over definitions of words such as consent, obligation, force, coercion, deceit, abuse of power and exploitation. Two distinct protocols were produced, one which applies to the ‘trafficking of women and children’ while the other to ‘smuggling of migrants’. The gender distinction is clear, expressing a greater disposition of women –along with children– to be deceived (above all about sex work), and also expressing an apparently lesser disposition to migrate. Men, on the other hand, are seen as capable of migrating but of sometimes being handled like contraband, thus the word agreed on is not trafficking but smuggling. The resulting protocols now form part of the UN Convention Against Transnational Organized Crime (UN, 2000), which member countries will debate individually and decide to sign or not.
What is the problem? In an effort to save as many victims as possible, the protocols totalize the experience of all women migrants working in the sex industry, and all those who help them migrate—a wide array of family, friends, lovers, agents and entrepreneurs, as well as small-time delinquents and (probably, but this is not proved) big-time criminal networks—are defined as traffickers. Every kind of help, from preparing false working papers, visas or passports to meeting migrants at the airport and finding them a place to stay, is defined as the crime of trafficking.
The Coalition Against Trafficking in Women (CATW) specifically tries, both at the Vienna meetings and internationally, to fuse the two concepts of ‘trafficking’ and ‘prostitution’ and to define them both as crimes of violence against women. Not only everyone who helps people migrate and work in the sex industry but everyone who buys sexual services ends up defined as an exploiter, a rapist and a criminal. CATW favours legislation to penalize clients of prostitutes (CATW, 2000).
The booming sex market
The problem with proposing the penalization of sexual ‘exploiters’, or clients of prostitutes, comes from the magnitude of the phenomenon, which is almost never confronted. Statistics are unreliable for all sectors of an industry overwhelmingly unrecognized legally or in government accounting, and which operates informally and relies on bribes, legal loopholes and facades. However, we can understand from the many studies of different aspects of the sex industry that it is booming. Prostitution and exploitation sites are so numerous everywhere that customers cannot be exceptional cases (yet they are often spoken of as if they were ‘perverts’ or ‘deviants’). Rather it is clear that adult and adolescent men everywhere consider it permissible to buy sexual services, and some estimates calculate that most men do it at some time in their lives.
More than 20 years ago, one Roman prostitute calculated this way:
Rome was known to have 5,000 prostitutes. Let’s say that each one took home at least 50,000 liras a day. Men don’t go more than once a day. That means that for someone who asked 3,000 liras in a car, to arrive at 50,000 she had to do a lot, maybe twenty or so. Figure it out, 20 times 5,000 comes to 100,000 clients. Since it’s rare for them to go every day, maybe they go once or twice a week, the total comes to between 400,000 and 600,000 men going to whores every week. How many men live in Rome? A million and a half. Take away the old men, the children, the homosexuals and the impotent. I mean, definitely, more or less all men go. (Cutrufelli, 1988: 26, author’s translation)
I have not turned my back but have been travelling too steadily for the past five weeks to keep the blog up properly – although the Kristof kerfuffle was intriguing (follow-up here). The Canada tour was incredibly interesting, and I have many people to thank and follow up. First let me republish this article from Xtra!, Canada’s gay and lesbian news site, that puts a transgender sex worker first and goes on to discuss Bedford v Canada, the planet’s most significant contemporary legal case on the meaning and status of prostitution. The government is bizarrely arguing
that the purpose of the prostitution-related provisions in the Criminal Code was to eradicate prostitution by discouraging sex work.
In other words, that selling sex is inherently dangerous and therefore prostitutes are asking for it. See bolded section below, as well as the section with me in it.
Every night Lexi Tronic risks her life at work. If she gets beaten or raped, she feels she can’t call police to report the attack because – at least for now – Tronic is also a criminal. “What happens when you’re trapped in someone’s car with the doors locked? You don’t have any options. It’s fight or flight,” she says. Tronic is a 10-year veteran in the sex trade who has worked both on the streets and from her home, as many sex workers have, she says.
On Dec 17, the transgender and sex-workers-rights activist will join others to mark the ninth annual International Day to End Violence Against Sex Workers. Such violence is a pervasive problem that is largely preventable and often ignored, she says, noting that most violent crimes against sex workers go underreported, unaddressed and unpunished. Tronic started as a sex worker in Winnipeg at Higgins Ave and Waterfront Dr, a notorious spot known for transgender sex trade workers, she says. “One of those hardcore areas where girls turn up dead or missing.”
Canadians are still haunted by the name Robert Pickton, who brutally murdered as many as 49 women, most of whom were sex workers from Vancouver’s Downtown Eastside.Toronto is no different, says Tronic. “Women are getting attacked and abused daily. Sex workers are easy targets. And because sex-trade work is not legal, many of these women are afraid to go to the police because they’ve had negative experiences, especially trans women. Police not only berate them for being a sex worker, they bully them for being a trans sex worker.”
Sex workers deserve the same rights as everyone else, she says. The profession is perceived to be dangerous, and it is, Tronic notes, because the laws make it so.”The police victimize the victim by saying it’s their fault,” she says. “[Sex work] is no more dangerous than working a midnight shift in a 7/11. It becomes dangerous because it’s not legal and we don’t have the safeguards for resources that the rest of the public do, like being able to go to police and seek help and safety. ”Regardless how many laws governments write, nothing will ever eradicate sex work. It is always going to be here,” Tronic says. Therefore, the working conditions need to change.
Last year, Ontario Justice Susan Himel struck down three key anti-prostitution laws that create hazardous working conditions — laws against communicating for the purposes of prostitution, keeping a common bawdy house and living on the avails of the trade. Himel ruled that the laws make prostitution more dangerous.
The federal and Ontario governments are now appealing that landmark ruling, arguing that there is no obligation to maximize the safety of sex workers because it is not a constitutionally protected right to engage in the sex trade.
For the past four years, lawyer and Osgoode Hall professor Alan Young has represented sex workers Terri-Jean Bedford, Amy Lebovitch and Valerie Scott, who are challenging the laws that criminalize sex work in Canada. He argued the appeal in June in front of five judges. “I had a good time in the Ontario Court of Appeal,” he says, with boyish excitement. “I just got to sit back and watch the government squirm as they tried to overturn this decision.” The appeal court’s decision could be released tomorrow or months from now, Young says.
Likely contributing to the delay is the recent Supreme Court of Canada decision that upheld British Columbia’s right to operate a supervised drug injection site. The court ordered the federal government to abandon its attempts to close Vancouver’s Insite facility, agreeing with scientific evidence that the site saves lives without increasing crime.
The Insite decision offers a parallel situation for the case against Canada’s prostitution laws, Young says. “It’s a constitutional violation from a government action that is increasing a risk of harm.” “The thrust of the decision is very strongly in support of what we argued for sex work,” he says. “[Insite] has to be considered. It would be senseless not to.” Young expected the decision by November. “So I believe they are struggling with this.” The case will eventually end up in the Supreme Court of Canada sometime next year; that court’s decision will be the final word. If the laws are struck down, Young says, they must be replaced with appropriate regulation. “I still think we shouldn’t put a brothel next to a junior high school.” Ultimately, sex workers should drive reform, he says.
But, even once sex work is made legal, there will always be some sex workers who choose or are forced to work outside the margins. It’s called “survival sex work,” Young says. “Look at cigarettes. They are legal, but there is a huge black market for people who want to avoid tax. That has been a big problem in other countries. Legal regimes are set up for sex workers, but people don’t enter into them. They stay underground . . . So it’s not solving problems for everybody. What it is doing is giving sex workers who choose to be sex workers some autonomy to take care of themselves.”
There is already a black market within the black market, fuelled largely by human trafficking across borders, something Maggie’s: The Toronto Sex Workers Action Project, says is not the same as sex work. Sex work is a job that sells some form of sexual service. Trafficking is coerced or forced labour and sex slavery. That distinction is important because the decision Canada makes will have a ripple effect internationally.
Laura Agustín, a sex-workers-rights advocate and an expert on undocumented migration, visited Toronto Nov 24 to discuss her book Sex at the Margins: Migration, Labour Markets and the Rescue Industry. She says the criminalization of sex work in North America contributes to international human trafficking and enslavement.
For migrants trying to get to countries like Canada, the sex trade is sometimes the only option, especially for women and trans women who may not, for whatever reason, get work as maids. “For some it’s a chance at a better life,” she says. “But because it’s invisible and happening in an underground economy, there’s lots of opportunity for exploitation or abuse.”Agustín says the sexual liberation movement is not over yet, and it won’t be until sex work is viewed widely as any other profession. “Why do people get so excited? In a capitalist society people can buy and sell anything they want, even motherhood, by hiring a nanny, but not sex. Why? ”Rather than look at sex workers as victims in need of rescuing out of the trade, she says, sex workers should be empowered from within the community to make the trade safe.
“When legalization happens, you will see a lot of women leave the streets and be able to come work indoors,” Tronic adds. Regulation, such as occupational health and safety, will be created at the local level, and hopefully, sex workers will be at the table making decisions like any other taxpaying industry stakeholder. “Wouldn’t it be great to one day see us so evolved that sex workers are given rights and treated like people? They could form unions, pay into benefits, a pension plan. That’s my dream,” Tronic says.
Changing the laws means Canada must stop looking at sex work through a moralistic lens. Maggie’s says selling sex is a pragmatic and sensible response for someone with a limited range of options. If a person is doing sex work but would rather not be, it is the lack of available options that is the real problem – not sex work. Queer youth, trans women, people of colour and indigenous people often face limited economic options and discrimination. “For many, sex work is the best or only option for work, and we work to improve the conditions of work.”
In accusations of rape and other sorts of sexual aggression, those who were not there can only imagine what actually happened, which is why so many judicial cases fail to convict the accused. Because no matter how much smoke and bluster all sides throw up, judges and juries in the end often confront a he said-she said scenario in which the level of consent to acts is impossible to know. This applies everywhere, including to the case of Dominique Strauss-Kahn and a hotel maid.
The maid was a migrant – that’s why I am writing about it, although the case may be interesting for many other reasons. Her name seems to be Nafissatou Diallo, and she may have come to New York from Guinea or, according to which source you look at, from some other west African country, and maybe it was three years ago or perhaps it was ten, frustrating some writers. But no matter where she came from or when, conspiracy theorists fail to consider how generally unlikely it is that a migrant person who has managed to obtain a steady job with an employer of some reputation, Sofitel, would risk losing that job. Her employment is important to the case because for a migrant it means legal security of a kind not easily available, and on the basis of this alone I find it hard to imagine Diallo would fabricate an accusation against a guest, or engage in a sexual romp with one, for that matter.
Reporters sniffing around to find more about her are finding neighbours who testify to how quiet and ‘good’ she is – the stereotypical counterpart to insinuations that a woman is slutty or ‘bad’. Mentions of her being a practicing muslim, a headscarf-wearer and a single mother are all just as demeaning as claims that she is suspect because she does not wear a scarf or go to a mosque. It’s all sexist drivel. Automatic feminist calls to support the woman are not much better, resting on a gender-rigid idea that the man in the case is suspect by definition. NoteLe traitement de l’affaire DSK entretient la confusion des esprits and L’« affaire Strauss-Kahn » : confusion des genres. Perhaps, though, it is beginning to feel more feasible for women to publicly accuse men of sexual crimes, without fear that they will be automatically disbelieved. That would be nice.
It would also be nice for commentators on France’s culture of discretion over public figures’ sex lives to realise that sexual assault and rape do not actually fall into the category sex life as usually conceived.
The Sofitel Times Square where events took place has a magnifiquetheme, public rooms named for the usual Paris sites: Bastille, Concorde, Madeleine, Montmartre, St Germain, Trocadero. The claim from a friend of DSK that it is suspicious the maid would be working alone in the hotel room is debunked by someone who’s actually stayed in it, who also says the place is not so fancy after all, despite the price. Side note: the BBC World Debate people put me in a Sofitel in Luxor, Egypt, last December whose four stars must have been bought, so crappily ordinary was it.
SWEAT (Sex Worker and Advocacy Task Force, in South Africa), give a good, clear argument for removing laws that criminalise the sale or purchase of sex.
World Cup and HIV: Decriminalisation of sex work in South Africa
Leading up to the 2010 soccer World Cup, sex work has come under intense public scrutiny in South Africa. Concerns about sex work, HIV and the increase in visitors to the country during the mega-event have come at the same time as a review of the country’s laws on prostitution. In the light of this, several civil society groups are pushing for greater protection of sex workers’ human rights during the World Cup, and ultimately for the complete decriminalisation of sex work.
In the short term, the Sex Worker Education and Advocacy Task Force and its allies are demanding that sex workers have the right to work for the period of the World Cup. They are seeking guarantees for sex workers’ personal safety, including freedom from police harassment, and access to free, quality and respectful health care.
In the longer term, a campaign is being put together to push for the decriminalisation of sex work, based on several arguments:
sex work will not go away;
there are many harms associated with sex work, but these can best be dealt with by other areas of criminal law or by non-legal interventions;
anything short of decriminalisation makes those harms worse, particularly to sex workers themselves; and
enforcing a sense of morality through the law is likely to generate all sorts of other harmful immoralities.
Sex workers are often marginalised and face multiple barriers to accessing health and social services, a situation exacerbated by criminalisation. Criminalisation also prevents sex workers from reporting abuse to the police or seeking legal recourse after rape or sexual assault. Decriminalisation offers the most effective means of addressing HIV and ensuring that human rights are respected.
So what is decriminalisation of sex work? It means that consensual sexual contact between two adults in private is legal. Any other arrangement of the law around sex work – be it criminalisation of the sex worker and/or the client, regulation of sex work, or something in between – leaves some consensual money-based arrangements between sex worker and client outside the law. And these are the contacts most likely to be non-consensual, violent, abusive, and unsafe.
Many international bodies already recognise the value of decriminalization. A number of countries have moved away from total criminalisation of sex work. Only one – New Zealand – has explicitly decriminalised sex work, choosing instead to adopt a human rights and public health framework.
The New Zealand Prostitution Reform Act was passed in 2003, after a campaign driven by sex workers, the public health community, many women’s’ groups and human rights organisations. It was promoted on various grounds – gender justice, pragmatic law, and the preference of the people most damaged by criminalisation, i.e. sex workers themselves.
The effects of the legislative change were measured five years later. Contrary to public fears, no increase was found in the number of people entering sex work during this period. Sex workers reported improved working conditions and wellbeing, feeling safer under the new legal framework, and being able to negotiate safer sex and report abuse to police.
As South Africa prepares for the culmination of its debate on the best legal framework for sex work, we can only hope that reality, research and rigorous debate dominate the process, and that policy processes will approach sex work pragmatically, placing public health benefits above ideological interests. In that case, decriminalisation will be the only rational outcome.
Men and football: the assumption that these make a super-volatile combination that will lead to violence against women is everywhere, yet there is no real research backing it up. It feels intuitive, something like Oh my god, they get so worked up and nationalistic at those matches, they scream and take off their shirts, and look at how some hooligans bash each other, and they get so drunk they don’t know what they’re doing. Okay, but the connexion with sex is? Some think that these activities involve a rise in testosterone, which could mean fans become rapacious about wanting to have sex, and in their blind fervour go racing off to fuck anything in sight. Or, correlations have been made between drinking alcohol in heavy quantities and becoming aggressive – for some people, not all – but the aggression usually comes in the form of fighting amongst other drinking men. Or is the idea that some general amoral, violent side rises up via the enthusiasm for sport in a way that makes fans want to grab women? Sometimes the assumption is just that when bunches of guys get together they are liable to run amok. The World Cup is feared to bring out the worst in its fans.
It’s muddled thinking, however. Stag parties, in which groups of men ritualistically drink and whoop it up together, often have a sexual element, but that usually consists of paying dancers or sex workers to come perform. That’s a contract in a party setting, not the rape of the Sabine women. It’s certainly true that drinking men in celebrating groups like to flirt at or harrass women, talk about sex to them and tell each other about their sexual exploits. All that can be annoying or threatening but cannot be taken as evidence that these men are more likely to visit sex workers or behave badly with them if they do. And, of course, if they drink enough there is definite evidence that both the ability and desire to have sex diminish.
It seems some are also afraid that fans will contract hiv during the World Cup. Is the assumption that they will lose their heads completely and forget to use condoms, in the general havoc? This stuff gets pretty loony, fitting in with the false claim of 40 000 trafficked prostitutes in 2006.
Unaddressed is a typical contemporary dysfunctional migration policy that doesn’t want these migrants at the same time that native farmers need them. These farm workers, like their more famous counterparts from Mexico in the US, move from one area to another as harvests are ready: tomatoes in Campania, grapes in Sicily, olives in Puglia and Calabria for oranges.
It is also unclear what ‘evacuation’ meant in this case, whether the workers might be deported or what their status will be.
Below this story follows some background from Médecins Sans Frontières.
Italian authorities have evacuated hundreds of migrants from a southern town and brought in extra police after violent protests broke out. Some 320 African migrants, many of whom work as fruit-pickers in Calabria, were taken by bus to an emergency centre.
Extra police were deployed after two days of riots, during which 37 people were injured and cars were set alight. The violence broke out after two migrants were shot at with pellet guns by a group of local youths. Italy’s Interior Minister Roberto Maroni prompted a storm of criticism from the leftist opposition by suggesting that the violence was the result of not addressing the issue of illegal workers in the country. “There’s a difficult situation in Rosarno, like in other places, because for years illegal immigration – which feeds criminal activities – has been tolerated and nothing effective has ever been done about it,” he said according to Italy’s La Repubblica newspaper.
Opposition leader Pierluigi Bersani said: “Maroni is passing the buck … We have to go to the root of the problem: mafia, exploitation, xenophobia and racism.”
Some 320 African migrants – mainly from Ghana and Nigeria – were taken by bus from the southern town of Rosarno to a reception centre at Crotone, some 170km (105 miles) away. Local residents applauded as the eight buses carrying the migrant workers left the town, AFP reports.
Police said reinforcements had been called in at intersections and squares in the town to keep order on Saturday. Many of the migrants, most of whom work as fruit-pickers in the region’s citrus farms, live in difficult conditions – camped in abandoned factories and buildings with no running water or electricity, and were paid as little as 20 euros per day.
For the sixth consecutive year, Doctors Without Borders/Médecins Sans Frontières (MSF) is providing health care to undocumented seasonal migrant workers in southern Italy. Once again, poor living and working conditions pose a serious threat to their mental and physical health.
Since mid-August, thousands of migrants have been flocking to the southern Italian region of Puglia for the annual tomato-picking season. The majority are from sub-Saharan Africa, living in Italy undocumented and in appalling sanitary conditions in abandoned houses and cardboard shacks without electricity or gas. Since last year, following MSF’s requests, regional authorities have taken some measures to improve living conditions for migrants, such as providing water tanks and latrines,” said Antonio Virgilio, MSF’s head of mission in Italy. “However, this is still far from enough to meet their basic needs.”
Issa, 20, from Ivory Coast, has been in Italy for two months and works in the tomato farms in Puglia. “If all goes well I will earn 30 euros (US$44) per day here, but I don’t have work every day. I live in a shack and I sleep on a mattress on the floor. I didn’t think I would have such a bad life in Italy.”
Limited access to health care, inadequate shelter and exploitation at work are some of the difficulties faced by the seasonal migrants. The consequences are seen during MSF medical consultations. Gastrointestinal complaints and general body pain are common. “These migrants are getting sick as a consequence of the conditions they are subjected to,” said Alvise Benelli, an MSF doctor in Puglia. The MSF team in Puglia provides free medical and psychological care to the undocumented migrant workers. They also facilitate access to public health facilities.
Sex worker Susan Davis advocates the decriminalization of prostitution
Clients as monsters and misfits, exploiters and rapists, dysfunctional or weird: that’s how many who hate prostitution and the sex industry generalise all men who buy sex (they skim over women who buy sex because that’s not the gender-equality road they want to follow.) If you attend meetings where sex workers are present, you will hear another story, in which all sorts of guys buy sex for all sorts of reasons, most of them quite ordinary. In these excerpts a researcher amongst clients also speaks up.
Veteran sex worker Susan Davis wants people to know that her “clients aren’t the bogeymen they are made out to be. I love what I do,” Davis told the Georgia Straight in an interview at the Vancouver Public Library’s central branch. “I think the guys are the best; a lot of them are my friends. Some I’ve known for 18 years. How do you not become emotionally attached?”
Davis, who has been in the business for 23 years, insisted that stability and security for sex workers can only come with decriminalization of prostitution. FIRST, a national coalition of feminists who support sex workers’ rights, hosted a lively forum on the subject at the library on November 23. Davis, who was on the panel, suggested that men who buy sex can actually help enhance the safety of those in the trade. “I think that clients are our biggest resource in trying to combat exploitation, trafficking, and exploitation of youth within the sex industry,” declared Davis, a member of the West Coast Cooperative of Sex Industry Professionals, in the interview.
Another panellist, SFU sociology instructor and researcher Chris Atchison, echoed Davis’s sentiments. He revealed the results of an extensive three-year study—called “Johns’ Voice”—that documents the relationship between buyers and sellers of sex in Canada. “I wanted to understand how these men engage in purchasing behaviour and what their relationships with sex-trade workers are about,” Atchison told the audience. “I wanted to know whether social and legal intervention such as the Swedish model is warranted by any empirical evidence.”. .
. . . The men he spoke to were seeking companionship and a connection with the sex workers they patronized, he said, adding that they wanted to engage in a safe and respectful relationship. He also reported that many customers saw the same sex worker for months or years, and that 79 percent said they wished to see prostitution decriminalized and regulated.
“I’m not here to present a picture of the sex buyer as some wonderful guy or say that they are all great, salt-of-the-earth people,” he said. The “Johns’ Voice” project showed that between one and two percent of clients have been brutally violent toward a sex worker. Those are the people the law must address, according to Atchison. . .
Male sex worker in Kenya with ‘important’ clients Recently on a history-of-sexuality list, people complained about blanket statements regarding ‘Africans’, given the enormous diversity of people and cultures across...
At the end of this piece published the other day I talk about a step I’ve long considered to be part of a partial solution for the myriad problems associated with undocumented migration. Often, in the victim narratives that surround irregular migrants, it’s assumed that all find employment only because they can be brutally exploited and underpaid. The employment scene is more diverse than that, and often people mightbe employed – chosen for a job, that is – but employers aren’t allowed to hire them. The work permit system allows migrants to work only in the place and manner specified in the first application: no job-switching is possible. And those who’ve got into a country illegally cannot apply for a work permit for a legal job. The inflexibility does no good for anyone’s economy.
London Progressive Journal, Issue 98, 27 November 2009
It was easier when one could talk about asylum as a benevolent offering to virtuous people downtrodden in their own countries. It was easier when the category of refugee seemed transparent, when we knew about fewer armed conflicts and less, perhaps, about who was Right and who was Wrong. It was easier to be a country that could openly say Come here. We care. We are a civilised people and will help you.
Now that there are too many people asking for asylum and calling themselves refugees – ‘too many’ being an unquantifiable number – it is not so easy. One can still try to limit the talk to the most egregious armed conflicts, the biggest ones, or the ones where the good guys can more easily be distinguished from the bad. But one has the sense of the ground slipping away beneath the conversation.
The other day I saw Welcome, Philippe Lioret’s film about the miserable situation in and near Calais, where French police tear down wretched shelters whilst young men cry. It’s a good film but takes the easy path as far as the protagonist’s reason for wanting to reach Britain: he is in love with a girl in London. This romance allows anyone who watches the film to identify with his quest and root for him as he swims the Channel. But what if the romantic motive were missing?
Anti-immigration voices use the term ‘economic migrants’ as a pejorative, an accusation against people who don’t qualify as refugees from officially (and arbitrarily) designated conflicts. In the current climate, a migrant is actually more likely to be sympathised with if he or she presents as a victim than as an able-bodied person willing to take almost any sort of paid job available. Or, in the case of Welcome, if he is in love.
Many looking at the images of smashed camps around Calais would like to know why those sad young men insist, against every obstacle, on remaining there and continuing to try to get into Britain. One said, in response to a reporter’s question, that there is respect for human rights in the UK. He may really believe that, but the same sort of ‘respect’, for what it’s worth, exists in other European countries. Given the extreme difficulty now of getting through the Channel Tunnel and into non-Schengen Britain, it’s logical to wonder why they don’t turn left to Spain or right to Belgium or almost anywhere else in Europe.
Rather than believe that the UK is a human-rights paradise, we should understand that such migrants are trying to get here simply because that’s where their networks led them. When these men were thinking about leaving home they talked to everyone they could about the possibilities. If family, friends or paid smugglers had led them to another European capital, that’s where they would be. And that’s where they’d now be facing different problems, less interesting to media cameras than those in Calais. But their networks brought them to the north of France, and the same networks cannot now provide an alternate plan – particularly not from far away, back in Afghanistan or Iran.
At this point – the point experienced by Welcome’s hero – to find that it’s near impossible to get across the Channel is staggering. One got this far on information that was paid for. Now the last few stages turn out to be much harder than promised. Those unable to swim for ten hours in cold water face options of paying an unknown local smuggler, hanging on in place, despite French police actions, or changing life-plans drastically without good advice. Even an environment as hostile as Calais can seem better than a complete unknown.
The story is similar for many women migrants described as trafficked in the mainstream media. When thinking about leaving home, they, too, talked to everyone they could about the possible options. They also followed routes known to family, friends and smugglers. If they passed the Schengen barrier and the water surrounding the UK, it helped that their methods were different – they didn’t try to hitch a ride through the tunnel. Now, of course, they can also be described as economic migrants, and, as such, be deported if caught – unless they can prove egregious enough treatment to qualify as victims of trafficking. But the prospects for being allowed to stay with a normal residence permit are slim.
Migration is now a phenomenon that governments want to manage. A 2002 White Paper describes five techniques used to combat illegal immigration: ‘strategic enforcement measures, identity management, increasing employer compliance, greater policy co-ordination both within and between governments and regularisation.’ Other proposals refer to ‘earned regularisation’, by which illegals able to prove their social worthiness would be granted amnesty, and ‘open borders’, which would focus on getting people jobs and integrating them socially.
All are more complicated and less easy to understand than No Borders, the dream of many that has no chance of success in a Europe combining more united and centralised policies with intensified nationalisms. In this climate, things are unlikely to improve for migrants who only want to come, work and be left alone. But many on the left resist taking a pragmatic stance that would accept the current political climate. There is also a tendency to hold onto the victim-categories – the ones that show the men’s tears in Calais and talk about sexual slavery for women.
It’s harder to face up to the fact that many migrants are complicit with the dodgy enterprises that help them get new lives. Why? Because they know that there are opportunities for getting paid jobs, even if they are in the ill-named informal economy, which means they cannot be used to get work permits and visas. The jobs are there, in construction and agriculture, or as a nanny, sex worker or restaurant employee. The fact that one’s status will be illegal once one arrives recedes in importance; the fact that one will be unable to convert from illegality to legality without leaving the country can’t be expected to sink in beforehand. The object is to arrive.
In the harder context we see today, whether in London or Calais or Copenhagen or Amsterdam, the question is whether the availability of paid jobs couldn’t mean, in and of itself, that migrants can be employed legally. Forget governmental concepts like formal-informal economies for a moment. If a legal employer offers paid employment to a migrant, should that employment not allow him legal status? Why not? If he or she is paid a normal amount and taxes are paid by all, what’s the problem?
This report comes in China Labour Bulletin, a publication interested in work: jobs. The tone supposes that selling sex is not desirable but does not make a big thing of it. Instead, the unprotected status of workers as workers is highlighted. Abuses are committed by clients, police and employers, but there is no rhetoric about sex work as violence per se or about trafficking. The women discussed are migrants; the best job they could find upon arriving in the city was selling sex. But the research shows that after three years, all but a few had moved on to another job. That means that sex work was a stepping-stone to other things they had no access to immediately on arrival., which is the normal situation for migrants of all kinds. The report says they worked ‘irregular hours’, which is often interpreted to mean something negative, but which many people prefer. Note: 1000 yuan = 100 euros
Young, poorly educated sex workers in the central Chinese city of Wuhan are routinely abused by clients but have little or no recourse to justice. Most do not trust the police and the vast majority (about 80 percent) have no knowledge of their legal or civil rights, according to a recently published survey
Researchers from Wuhan University interviewed 300 low-end sex workers, mainly employed insmall-scale hair salons and saunas in the city’s red light district, and found that around half had been the victims of crime, with clients usually stealing money or mobile phones. Most “leisure” (休闲) establishments in Wuhan had a “pay first” policy but, nevertheless, 37 percent of the interviewees said they had been cheated by their clients. Over half the respondents said they had been verbally abused by clients, while 20 percent had been beaten or physically abused, and small number were even raped or abducted while working.
For the majority of sex workers, their only recourse in these situations was to go to their boss or their boyfriend for help, but in the majority of cases there was little the boss could do. Only 26 percent of respondents said they would definitely report an abusive client to the police, 37 percent said they would not go to the police, while the remaining 37 percent were ambivalent. Two thirds (64 percent) of the respondents said they’d never had any dealings with the police, and over half thought the police were of no help, while 16 percent considered the police to be a hindrance. Only one third (31 percent) thought the police could provide any help.
The majority (56 percent) of the 300 interviewees were aged between 18 and 25 years, 12 percent were younger than 18-years-old, while 15 percent were over 30 years of age. Most (62 percent) only had a middle school education at best, 21 percent had been to high school, and 16 percent had attended technical high school, while only one interviewee had been to university.
The survey indicated that many sex workers were driven by poverty in rural areas in Hubei and neighbouring provinces to come to Wuhan in search of work. However, their lack of education meant they could not find any better jobs in the city. About half (51.8 percent) had been working the sex industry for less than a year, and the vast majority regularly moved from salon to salon in search of better conditions. Only three percent of those interviewed had been in the industry for more than three years.
The vast majority worked irregular hours, between eight and ten hours a day, and earned up to 3,000 yuan a month. Nearly half (44 percent) earned less than 1,000 yuan a month, while only 16 percent could earn more than 3,000 yuan. The plight of Wuhan’s sex workers is largely representative of China as a whole, and is indicative of the many dangers that young women from the countryside face when they travel to the city in search of work.
Aquí va un video de la ponencia de Ángela Villón Bustamante, presidenta de la asociación Miluska Vida y Dignidad, Asociación Civil de Trabajadoras Sexuales de Lima, Perú. Rosario Sasieta, miembro del Congreso Nacional del Perú, presenta a Villón.
Propuestas desde el Movimiento de Trabajadoras Sexuales del Perú
La ponencia de Villón sigue en dos partes mas: 2da y 3ra.
Otra ponencia de la misma ocasión habla de un estudio con trabajadoras sexuales transgéneras. La ponente es Ximena Salazar de la unidad de salud, sexualidad y desarrollo humano de la Universidad Cayetano Heredia.
Gulnara Kurmanova sent me this text, which I have edited minimally for clarity. It takes you through the series of obstacles and contradictions that migrants who are sex workers may face, and not only in Central Asia.
Documented by: Gulnara Kurmanova, Tais Plus NGO, Bishkek, Kyrgyz Republic With kind assistance from: Selbi Jumayeva
Presented at: 24th Program Coordinating Board (UNAIDS) Meeting, Thematic Segment People on the Move, June 2009
About me: My name is Gulnara Kurmanova. I have worked in HIV programs in partnership with sex workers in Kyrgyz Republic, Central Asia, since 1997. We actively support sex workers’ empowerment and self-organization. I would like to present a story documented by me in my own country.
About my country: My country is very poor. Recently it became the poorest country in Central Asia which is the poorest region of the post-soviet world. My country is corrupt. Many people in my country have no stable source of income and must think every day about food and a roof. The majority of those who think about them are young women and men who have no education or needed skills but have families who need their support.
About people who sell sex. For these women and men, sex work becomes an income-generating activity and way of surviving. Many of them seek an opportunity to sell sex to earn a lot of money (in their dreams) and at least some money for bread for their children and a place to sleep (in their reality). Many sex workers I know personally are braver and more enterprising (in order to become financially independent, self-sufficient and to survive) than their peers who are housewives and suffer their husbands and mothers-in-law in villages. But women, men and transgendered people who sell sex are often poorer, not well educated and deprived of family support. Their first motivation for sex work is to earn money. Sex work is work; this is an income-generating activity. But to earn money they must leave their town or village.
Activists from Tais Plus
Case of Venera, a 31-year-old transgender woman who is a sex worker. Five years ago she came to Bishkek from a small village in the north of the country. Her mother died giving birth to her younger sister. She lost her father because of tuberculosis when she was still a kid. She had changed schools and been placed in an orphanage in the village near the bigger town of Talass. Venera didn’t receive her secondary school diploma; like many others, she is embarrassed to say she is barely literate. She has no chance to get a good job in a nice place. At the same time she has dignity; Venera wants to be the woman she sees herself to be. Unfortunately, street sex work is the only space where she can come close to being herself. She is ok with earning money by selling sex. As a sex worker, she cannot work in her village because neighbors know her and judge her. She cannot work in Talass because she cannot wear women’s clothes there, a city with old Muslim traditions. Venera came to the capital city, Bishkek, to do sex work.
Currently Venera lives and works in Bishkek. She has problems with the police often, once or even two times a month and recently every week. The police arrest and detain her ‘because she has no passport.’ She prefers to say that she lost her passport, because her passport is a man’s passport, and her appearance is a woman’s appearance. For these reasons, she is currently an undocumented migrant. The police tell her that she is arrested for doing sex work and that she is not a human being anymore since she is a prostitute. She cannot argue that sex work is itself decriminalized in Kyrgyz Republic, because she is nobody to the police: she has no passport. The police ask her about money. They use her vulnerability to extort as much money as they can. She feeds the police, not herself, because they extort almost all the money she earns. Maybe the passport and resident permit could make her life better, but it is too expensive to pay for trip to Talass where she originally got her passport, and it would take months to collect all the necessary documents.
Her clients and street hooligans beat Venera often because of her feminine appearance. They think that she is not a human being anymore if she neglects ‘men’s honor’. Last October she faced a life-threatening situation when young men dragged her to their fancy black Mercedes without plates and took her to the outskirts of the city. They beat her severely, her face, her chest, her genitals; they raped her, burned her eyelashes, nipples and genitalia and threatened her with a gun. They said they would kill her if she told anyone. She wanted to file a report with the police, but they insulted her for being transgender and for sodomy and did not accept her complaint. Now she trusts the police even less.
Venera learned about a health problem three years ago but didn’t believe those who tested her. She didn’t receive proper pre-testing counseling. A doctor just told her that she should be tested when her friend convinced her to visit a clinic to ensure that she had no STIs. The doctor didn’t speak Kyrgyz, and Venera doesn’t speak Russian well. She didn’t understand a lot of what he said. Venera doesn’t discuss her health status with her friends. She does not trust medical services that treat her behavior, not her needs. In order to identify whether she needs treatment or not, she has to visit a doctor. She doesn’t visit a doctor because she doesn’t believe in any governmental institutions and tries to avoid contact with them. She knows from her experience that there is no confidentiality in governmental clinics and her secret could be revealed. She is afraid they might inform the police about her health status. She thinks that in this case she will be not able to work any more and lose her only source of income. She knows that other sex workers prefer to move to another city to be tested there. She is going to do the same later when she earns enough money. But if it is revealed that she needs expensive treatment, how will she pay for it?
Tais Plus works in collaboration with Labrys, a local LGBT NGO. Contact: taisplus at gmail.com.
Here are excerpts from a report published by the Institute of Race Relations in the UK. You could say it is a catalogue of proper applications of the law in cases where people knowingly infringe it. But are these sorts of draconian raids and labour-intensive, costly efforts to catch small-time infringers really worth it? People are beginning to realise just how much public money they require. Granted that there might be some connexions between illegal migration and state security, is an overall policy to conduct searches for undocumented workers like high-risk terrorist operations justified? I think we all know it is not. Targeting ethnic restaurants – their owners, workers and clientele – is an easy way for immigration personnel to demonstrate that the government is Taking Things Seriously. When undocumented migrants manage, as in the cases described below, to find a way to work for low wages and begin to integrate marginally into society, why come down on them so bloody hard?
Because the Law is the Law? But what of all the white-collar infringements that are not handled like these operations, which resemble cop- and spook-style raids on terrorists and gangsters? No such stormings are seen on office buildings and other (white)’ sites. Do people imagine there are no undocumented workers there?
For details, more examples and documentary notes, see the report itself.
Every day, somewhere in the UK, immigration officers, often with police, frequently wearing stab-proof vests, surround High Street restaurants, takeaways and convenience stores, seal exits and storm in. . .. . . generally at the busiest time, to demand that workers prove their right to be working there. Sometimes they carry hand-held fingerprint terminals to perform instant identity checks on those they find working there. . .
. . . The raids frequently involve large numbers of police and immigration officials and sometimes resemble military operations.
The article gives examples:
Seventeen UKBA officers and three police officers descended on Makbros, a cash and carry warehouse in Stanmore, Middlesex, and detained and questioned five men, all of whom turned out to be lawfully employed. An eye-witness said that it was ‘quite scary with all these people running up’.[2]
Thirteen immigration officers raided the Unique Spice restaurant in Burnham, Buckinghamshire, to arrest two Bangladeshi men.[3]
A convoy of five vehicles descended on the Waverley Hotel, Yarmouth in a raid in which two Mauritian men and a Brazilian woman were arrested.[4]
Shabul Muhth’s two restaurants in Kent were raided by aroundeighteen uniformed officers and the restaurants closed at around 6.30pm on Friday and Saturday nights, the peak time for his business. No arrests were made. ‘Come in like gentlemen’, he said. ‘We’re not drug dealing, we’re selling curry.'[5]
A full-scale search with dogs and a police helicopter were deployed to hunt for two men who ran out of the kitchen at Thariks Indian restaurant in Paignton during a raid. An immigration officer fell through the roofof a building in the chase, in which the two men got away.[6] Continue reading →
Below are exceprts from a migration story in the Observer. There’s quite good information here but also note the confusion about the word trafficking: much of what’s described here should be called smuggling, according to UN protocols. Note particularly:
Though many immigrants travel independently, others use organised criminal traffickers for at least some of the journey
If migrants ‘use’ people to help them cross borders illegally, these are meant to be described as smugglers. It’s a hard distinction to maintain consistently, but in this story people are clearly travelling because they chose to and sometimes paying for help. The help can end up being abusive, of course. The word refugee is also used. Some of the people interviewed might have a case for asylum but many do not. Also the word criminal is peppered around unnecessarily.
Gender note: Everyone mentioned in the story is male, but what’s described applies to women who migrate without documents as well, and illustrates why getting into a ‘protected’ situation can be tempting, why getting into sex work may be a temporary solution, and so on.
I’ve highlighted in bold some common realities known to those who study or hobnob with undocumented migrants, and removed some material you can read on the original site. Note the immensely pragmatic attitude shown by those interviewed: they are going against legal policy, they know it, they will keep trying, they are not crying about it. It’s not a victimising article.
The three tents are clustered in a ditch, beside a field, in the middle of nowhere. . . .A tractor bumps past, a crow flaps across the grey sky, the traffic on the A26 Paris-Calais motorway 500 yards behind a small wood is barely audible. It is an unlikely place for a refugee transit camp, the last stop before the UK. The nearest town is two miles away: the grubby two cafes and post office of Norrent-Fontes.
But the ditch is a temporary home for 26 young Eritreans and Ethiopians trying to get to Britain by hiding in the lorries that stop in the layby every night. And their situation is far from unique. An investigation by the Observer has revealed scores of such makeshift settlements containing an estimated 1,500 people, including women and children, scattered across a huge swath of northern France.
There are camps as far west as the Normandy port of Cherbourg. . . and as far north as the Belgian ports of Zeebrugge and Ostend. In Paris, an estimated 200 young immigrants who are on their way to the UK sleep in parks every night. . . Continue reading →
How self-smuggling looks: Calais Mexicans running across deserts in a ragged line: that’s the only image many people have seen of undocumented migrants sneaking...
I like to forward stories that give a subtler, more complicated view of the world of sex work, prostitution, migration and trafficking. In the case of the following, the news is very bad and not unfamiliar: the murder of women who sell sex. But here the police are not screaming about victims of trafficking, and local leaders are not asking migration law to be tightened and the fact that the women were sex workers is not made to be the cause of their deaths.
Which doesn’t mean that being prostitutes didn’t have anything to do with it. The report says that the news of what these women were doing reached China, where stigma against them would be enormous, and implies this might have caused someone to murder them. But it’s not clear, because they don’t know, and what’s better here is how the reader is asked to consider a lot of disparate information and make up her or his own mind. I’ve highlighted some particularly interesting lines in bold.
“WE WANT to recruit ladies, we guarantee a minimum pay of $1000 per week,” the advertisement in a Chinese-language newspaper reads.
It is likely “Jenny” and “Susan”, the two Chinese women murdered in Auburn late last year, saw these ads and found their way to one of the many brothels in southwestern Sydney, the money too good to refuse and the security it bought their families far greater than anything they could earn back home.
Like most migrant sex workers in Sydney, it is understood they were here on valid temporary visas that allowed them to work a certain number of hours each week without breaching their conditions. And they would have come from a culture that criminalises prostitution, where corruption of police and public officials is rife.
As NSW police continued to appeal for information that could lead them to the killer of the women – discovered on November 13 in a flat in Queen Street, Auburn – they appear to have faced a wall of silence from other sex workers unused to trusting authorities to properly investigate crimes. What they have learnt is that the women worked in the sex industry – a report in a Chinese-language newspaper indicated the two were employed by brothel in Bankstown – and were sending money to their families in China.
“These are people who had come from a very, very hard life,” said Detective Inspector Jim Stewart, who heads the strike force investigating the murders. “So far we have learned that Susan, a widow whose husband died many years ago, was supporting her daughter who is being looked after by relatives in China.” Preliminary autopsy results indicate whoever killed them was a “strong, powerful person” given the extent of their injuries, Detective Inspector Stewart said. “This was an absolutely brutal murder, and there is now an eight-year-old child back in China without her mother.”
The women had left a holiday tour early to work. Detective Inspector Stewart confirmed they had sought protection visas to stay in Australia and that these were being considered at the time of the murders. There was “nothing to suggest the women were involved in trafficking,” he said – indeed a recent study of Asian sex workers revealed most had made their own arrangements for travel and work in Australia and retained their passports.
The study examined data from more than 1800 Asian sex workers who visited the Sydney Sexual Health Clinic from 1992 to 2006, and found the women had a very low prevalence of sexually transmitted infections, rarely had serious drug or alcohol problems and were more likely to be married and have children than comparable Australian sex workers, its author, Chris Harcourt, said yesterday.
At the time, neighbours said they believed the women were students as they were often seen carrying backpacks, although those who work in services that support sex workers say it is not surprising the women were discreet about their jobs. “Confidentiality is obviously a primary concern for sex workers, but for migrant sex workers it is even more important because you are talking women who are living in small communities in Sydney, and they are women that have children and families back home in China,” said Jo Holden, the manager of the Sex Workers Outreach Project.
“Culturally, there is a high level of stigma and shame attached to sex working so they are very, very careful about what they disclose and to whom they talk.” Many were often reluctant to report domestic violence, assault or other criminal activity to police, Ms Holden said.
It is often the language barrier that leads these women to sex work – it prevents them from finding employment for reasonable pay in other industries and leaves them with little alternative. And once they see the newspaper advertisements seeking women for work in brothels and do the figures, it is seen as the best way to earn a decent living. “It is all about securing a better future for their family in China,” Ms Holden said.
Cambodia is one of the countries the US has manipulated into passing anti-trafficking legislation.
I write about this because there is a mass blindness going on, like the phenomenon of the Emperor’s New Clothes, where everyone knew he was naked but no one said so. There is now enough evidence – maybe even acceptable in a court of law! – that anti-trafficking laws cause more violence and injustice than they prevent. Perhaps it doesn’t have to be this way, perhaps there could be good anti-trafficking laws that did not end up punishing loads of people who don’t want to be ‘helped’ or ‘rescued’ in the way the US and other mainstream government voices are now requiring. Everyone wants to help real victims, that isn’t at issue.
At the moment, the USA publishes an annual ranking -a report card – for the Rest of the World, on how well they combat human trafficking. Why does the US government get to do this? Do they know more than anyone else? No. This is political manoeuvering and cultural crusading. The moralistic claim is that US efforts and money are needed in order to save the world from slavery. One important question is how do they know where their efforts and money are needed.
The Trafficking in Persons (known as TIP) reports do not explain what methods they use to evaluate the extent of trafficking in any given place. They use CIA estimates – that’s the Central Intelligence Agency, which is not well known for doing good research – and anecdotal evidence to decide whether a country should get a good grade or a bad one. Anecdotal evidence means whatever their local contacts said, when asked in a conversation or telephone call.
-Hello, CIA and US Embassy here. Is that the local police? It is? Good. Listen, we’re doing research on how much sex trafficking there is in your area. You know, sex trafficking, like when pimps force women and children into being prostitutes against their will.
-Hello, CIA and US Embassy. Of course we want to help you in any way we can. What do you want to know?
-How much sex trafficking have you got around there? Is it bad? Is it increasing? Are there children involved?
-Oh yes, it’s very bad, there are prostitutes everywhere. Lots of them are very young. They stand around in the streets wearing skimpy clothes, there are brothels everywhere, they are shameless.
-So it’s really bad, right? And getting worse?
-Definitely. We can’t keep track of it, it’s so bad. There are children everywhere. Just the other day my aunt told me she was seeing young people in her own street! Not only that, but they were boys dressing like girls!
-We’ll report this right now. There will be a new law, you’ll see, that makes it a very bad crime to traffic anyone. The police will be charged with ending this vile trade. That will fix the problem. Talk to you soon.
-Okay, boss, let us know when it’s ready.
-Right. Secretary, record that one as 100% more cases of trafficking this year than last year and numbers of small children being exploited up 50%. That’s us done, send it to Washington.
Was that single conversation the only source of evidence? No. But what if there are several, or even numerous such conversations? Do we understand these to be ‘proof’ of anything? Come on, no!
High up on the factors that give countries a good grade is their anti-trafficking legislation: to get a good mark, countries must have a Strong Law. Countries that don’t buckle under to US pressure face the possibility of receiving less US aid and support. Cambodia’s law is a mess: take a look at it and see if you can make sense of it. The result is mass police actions to round up people who sell sex (whether they call themselves sex workers or prostitutes) , in the name of rescuing them from exploitation.
This is not a struggle between Good and Evil, or about whether prostitution is good or bad. We all agree that people who are in horrible situations should be helped. The issue is how you help them, and you cannot do it without understanding what they themselves want. It’s hard to understand why this fundamental point should be so difficult to take in. Another recent case in Cambodia illustrates what happens when the police start shooing people to new areas.
Some people prefer selling sex to their other options, even if those options are limited and unappealing. Give folks a break, let them judge for themselves which option they would rather engage in at the moment! Here’s the latest news on the failure of the other approach, which can be called Unwanted Rescues. Don’t forget the poster migrants made about that in Thailand! It isn’t necessary to arrive at a single piece of legislation that applies to everyone: there could be two, or even three! Radical.
PHNOM PENH (AFP) — Chantha said there was nothing else she could do in Cambodia but become a prostitute.
“If you don’t even have a dollar in your pocket to buy rice, how can you bear looking at your starving relatives?” she said.
“You do whatever to survive, until you start to realize the consequence of your deeds.”
Chanta, in her early twenties, was working in a small red-light district west of the capital Phnom Penh several months ago when she was arrested under Cambodia’s new sex-trafficking law. Continue reading →
Here’s an attempt to help young people selling sex that’s put them in more danger. The article employs well-known rescue keywords.
Best Interests: police say they have the best interests of prostitutes in mind
Take care of health: and want to take care of their health
Protect: and protect them from HIV/AIDS
Now compare those stated goals with what the kids say themselves in the article. The hotel employee’s comment at the end about ‘decent society’ is also a giveaway.
Gay male prostitutes have solicited on Pursat Bridge for a decade, but a police crackdown has forced them into more dangerous parts of town
The ladyboys of Pursat – gay male prostitutes dressed as women – have been banned from soliciting on the notorious Pursat Bridge, their haunt for at least a decade, but provincial police enforcing the ban say they have the best interests of the prostitutes in mind.
“Selling sex is illegal in Cambodia. We are not allowing these prostitutes to conduct business on the bridge anymore because it has a negative impact on residents who live close by,” said Lok Sary, chief of the Pursat provincial police force.
“We also want to take care of the ladyboys’ health and protect them from HIV/Aids.”
Since the police crackdown, the ladyboys have moved their business to the shady gardens surrounding Pursat Lake, particularly a stretch between Pursat Bridge and Speanthmor Garden.
Fresh dangers
But the move has been a difficult one for the more than 50 ladyboys who work in Pursat, according to Srey Lin, 25, who has been a prostitute in the town for two years.
“If we are standing on the Pursat Bridge, it is much safer for us. The police are always nearby, but here we face a lot of problems,” she told the Post. “Sometimes young gangsters come by and mistreat us. They try to steal drugs and money, and sometimes they force us to have sex with them for free.”
Srey Lin works as a hairdresser in the daytime but said she turned to prostitution because she did not earn enough to support herself. She added that most of her clients are older Cambodian men, and that ladyboys usually earn about US$20 a night.
“We work from 8pm until midnight, and when we see the police we all split up and pretend to be visitors,” she said.
“We have to do this job secretly because we are looked down on by the wider community, especially the women, but we conduct our business properly: We only go over to a man if he stops his moto near us. We do not sit or stand on the edge of the road and call out to clients.”
Rotana, an employee at the Phnom Pich Hotel, which faces the bridge, says she is pleased the ladyboys have moved on, viewing them as a threat to decent society.
“I think the police made the right decision moving the ladyboys from Pursat Bridge,” she said.
“This province is unsafe today because of the anarchy of these gay groups. They always used to fight with gangsters on the bridge. Even though police banned them from the bridge, I can still hear them calling out from the gardens and I think police should ban them from there too.”
Klem Sokoun, chief of the Pursat provincial health department, said his office is growing increasingly worried about the spread of HIV/Aids through gay brothels. He said it is conducting research into the brothels and that a crackdown is likely to begin soon.
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.
In Vancouver it started with cooperative development: Cooperative Development Exploration Report
From there we did some strategic planning:
Trade Secrets for sex industry workers
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:
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
