The Great Trafficking Debate - Essay Example

The Great Trafficking Debate Human trafficking has been a global concern since the mid-19th century (Kempadoo, K., 2005) with each affected side, thesex worker & the anti-prostitution supporter, airing out their issues with regards to existing policies & protocols concerning those people caught in the middle of trafficking. Prostitution and trafficking had become linked at the end of the nineteenth century in Europe and North America when industrialization, urbanization, and the unequal distribution of wealth led to increased migration, with accompanying worries about the free movement of women. (Outshoorn, J., 2005) As the years progressed, sex workers have found points in trafficking regulations, existing or newly-implemented, which do not serve to alleviate their working conditions, which sometimes even cause more emotional and psychological damage and, which prevents them from having a better life. On the other hand, whenever in a trafficking debate, advocates of anti-prostitution measures stress the importance of human rights, morality and the need for implementation of stricter regulation on prostitution or the abolishment of such, if possible. Anti-prostitution followers insist that consent is irrelevant in trafficking of persons, specifically women, for sexual exploitation. When the human being is reduced to a body, objectified to sexually service another, whether or not there is consent, violation of the human being has taken place. (Barry, K., 1995) Prostitution, “consensual” or not, supports and is supported by social, economic, and political inequalities. (Balos, B., 2004) Consent shouldn’t be used as an excuse to mitigate the crime of trafficking or prostitution. It violates women’s human rights. Trafficked women are beaten, raped and sexually abused. They are “subject to starvation, forced use of drugs and alcohol, burning with cigarettes, isolation in dark rooms, being beaten and threats to themselves or their families.” (Balos, B., 2004) Because they lack the proper documents, trafficked women live in fear of authorities who have also been known to abuse their position by forcing themselves on the women. UN peacekeeping operations were rocked by a sex abuse scandal in the Congo that caused the organization to reexamine current training policy. (Trafficking in Persons Report, 2006) Apparently, refugees, including many minors, were victims of sex abuse crimes by dozens of peacekeepers on a mission in Congo. Changes in the training policy should be done to keep the peacekeepers in line. In addition, the women are also often treated as criminals by the same authorities. Prostitution isn’t a choice like most international documents state. It is forced on women because of poverty or limited options. (5)Prostitution is also very degrading. Patriarchy is reflected in prostitution. As Balos stated in his book, The Prostitution of Sexuality (1995),” Sex, accessible to men through women, is a social product of culture, a political product of gender and these are the conditions of male power… the fullest patriarchal reduction of woman to sexed body is prostitution.” Women are considered as sexual objects, being used for sex and glamorized in media as such. In this sense, sex, it seems is equated to women. Even if women are divided into groups such as prostitutes, virgins, respectable girls, etc., this still harms women. Prostitution leaves women and children physically, mentally, emotionally, and spiritually devastated and recovery takes years, even decades-often, the damages can never be undone. (Trafficking in Persons Report, 2006) According to the anti-prostitution group, “the focus on consent obscures the larger issue of gender inequality that underlies and fuels the sex trafficking and prostitution industries.” (Balos, B., 2004) They state that in order to solve the inequality of trafficking in sexual exploitation, there is a need to focus on the harm done and not what can be a good defense to prostitution. For this group, trafficking is inhuman and discriminatory. In addition, prostitution also fosters the spread of sexually-transmitted diseases such as AIDS, syphilis, gonorrhea and the like even with the use of condoms, a protocol for sex workers. In a study made in Russia, one respondent even answered, “I try to use condoms and as a rule they are always used.” (Stachowiak, J., 2005) Most, if not all, of the respondents in the study were aware of the importance of condoms. However, due to violence from or familiarity with their customers, sex workers are at times forced to work without protection. In any case, they are still exposed to the danger of acquiring STI or HIV which they may in turn unknowingly pass on to the persons with whom they come in contact. In the same study mentioned above, “ten of the women in the sample reported having had sexually transmitted infections in the past.” (Stachowiak, J., 2005) Indeed, as anti-prostitution groups point out, there are more problems than just illegal workers brought about by trafficking for sexual exploitation. In the hope of eventually putting an end to trafficking for sexual exploitations, persons should recognize their responsibility for human rights’ violations and the state should come up with regulations that also cover the customer’s role and demand in the issue. The language in human rights documents must clearly state all these. Even the Canadian Criminal Code is vague in its restriction of trafficking for sexual exploitation. It doesn’t make any distinction between forced prostitution and prostitution as a matter of choice, which is usually the common reason to avoid taking the responsibility in this matter. Prostitution is legal in Canada and only some activities related to prostitution, such as trafficking, are punishable by law. Recommendation 19 which is from the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee clearly states that it discourages: “…commercial exploitation of women as sexual objects, rather than as individuals”, because such commercial exploitation “contributes to gender-based violence,” which is “a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms on basis of equality with men.” It also states that trafficking and prostitution specifically are, “incompatible with the equal enjoyment of rights by women” and “put women at special risk of violence and abuse.” This applies to “all discriminating persons and organizations.” (Balos, B., 2004) The state is making each person responsible for promoting human rights and as such that responsibility comes with enforcement of anti-trafficking measures. Anti-prostitution groups stress “now is the time for the international community to commit resources to address the underlying inequalities that fuel trafficking of women and to hold customers accountable for their role in creating and maintaining sex trafficking.” (Balos, B., 2004) Some of the early human rights documents dealt with the trafficking in women although the scope was still limited & did not address the disempowerment of women. Consent was also an issue. Laws that do not consider consent are referred to by anti-trafficking advocates to further their cause. Such examples are the 1949 Constitution which covers all trafficking or prostitution, the 1959 Study which does not require consent as a necessary element of trafficking and the 1983 Report of the Special Rapporteur which also makes no distinction between forced prostitution and the other forms of prostitution. On the other side of the issue are the people directly affected by trafficking for sexual exploitation – the sex worker. Trafficking in women is the oldest, most traditional form of procuring for prostitution, predates sex industrialization and is extensive in primarily rural, poor and pre-industrial societies. (Barry, K., 1995) The common theme is poverty. Most of them often say they initially started out because of money problems. They want to have a better life or make more money easily. In a study on indoor sex workers, “it was found that the vast majority became involved in sex work because they were either unable to find other work or their other work did not pay a living wage”. (Thukral, J., 2005) In preparing a manual for commercial sex workers in Mexico, Esther Corona (2005) found out that “the whole phenomenon of sex work shows that the experience of female sex workers cannot be understood if we disregard the socio-economic, cultural, and political contexts… Almost all of the sex workers in the workshop said they would have chosen other occupations if they had had the opportunity to do so, and certainly that they do not want their daughters to follow in their steps.” In Russia, almost all of the respondents in a study said that “sex work was their only source of income.” (Stachowiak, J., et. al., 2005) In his book, Prostitution in the Nineteenth Century, Dr. Alfred Blaschko emphasizes that “the development of industry with vast masses of people in the competitive market, the growth and congestion of large cities, the insecurity and uncertainty of employment, has given prostitution an impetus never dreamed of at any period in human history.” Prostitution has been, and is, a widespread evil, yet mankind goes on its business, perfectly indifferent to the sufferings and distress of the victims of prostitution. (Goldman, E., 1911) There are different purposes for trafficking, yet “it has been reported that even when women and minors are not ostensibly trafficked for the purpose of commercial sexual exploitation, their trafficked status renders them highly vulnerable to sexual exploitation and sexual abuse.” (Sanghera, J. 2005) Sex workers are used, abused, exposed to humiliation, STI & HIV because of poverty, fear, betrayal by their supposedly “loved ones” and yet society still looks down on them. Society considers the sex experiences of a man as attributes of his general development while similar experiences in the life of a woman are looked upon as a terrible calamity, a loss of honor and of all that is good and noble in a human being. (Goodman, E., 1911) Sex workers are viewed as the source of STDs and HIV. “According to the WHO, [such] an approach [its primary goal the health and well-being of sex workers] would follow certain key principles including adopting a non-judgmental attitude, respecting sex workers’ human rights, involving sex workers in program development, and recognizing that sex workers are part of the solution.” (Kempner, M., 2005) One important step is, like Lyn Chew (2006) said in her book, “to overcome the mainstream moral hypocrisy into which I had been socialized, and to understand prostitution as one of the institutions within our contemporary patriarchal, socioeconomic system, next to, for example, marriage.” Similarly, consent is an issue with this group as well. Certain laws have also existed that deal with this issue, such as: the 2000 Report by the Special Rapporteur which contained a new outlook with regards to consent as an element of trafficking, the International Labour Organization’s 1998 Study which concludes the sex work can be voluntary due to economic conditions and the 2001 Protocol which negates consent when traffickers use means such as fraud, abuse of power, etc. (Balos, B., 2004) After much debate over its definition, the approved Protocol from the UN Convention in Palermo defined trafficking as the recruitment and transfer of persons by means of the threat or use of force or coercion, fraud, deception, or abuse of power for the purpose of exploitation. (Outshoorn, J, 2005). Both anti-prostitution movements and sex workers agree with this definition. However, where the former equates all prostitution with trafficking saying prostitution is forced and therefore constitutes trafficking, the latter maintains that trafficking does not only cover prostitution and that prostitution is not inherently trafficking. (Ditmore, M., 2005) Another definition given by the SAARC Convention is “the moving, selling or buying of women and children for prostitution within and outside a country for monetary or other considerations with or without consent of the person.” (Balos, B., 2004) Again, consent is considered irrelevant in this definition & sex workers believe this is a violation of their right to autonomy. Some workers chose to practice prostitution to give their families a better life. In a study done on indoor sex workers, it was found out that most of the respondents entered the sex industry because they were in financial crisis. “Respondents expressed a willingness at these points in their lives to do anything that might improve their economic situation. (Thukral, J., 2005) Many of the respondents had also been employed, ranging from low-wage jobs to well paid careers. This just shows again that consent is an important consideration when debating about trafficking. Both parties agree that women should be accorded their full human rights and these must be duly recognized. This was evident in the fact that migrant workers’ organizations are even invited by GAATW to do presentations regarding the issue of migrant sex workers. There is a growing collaboration between migrant workers’ rights groups and GAATW on the basis of struggle to achieve basic human rights and eliminate violence. (Chew, L. 2006) Yet, where the anti-prostitution group aims to recognize these rights by imposing policies to curb prostitution or trafficking for sexual exploitation, the sex workers want their right to be recognized in order to get society’s understanding and eventually, assistance. A good example would be the withdrawing of U.S. funding from projects that do not condemn prostitution and sex trafficking. This move will jeopardize the operations of many international NGOs that aim to help sex workers. The inclusion of sex workers, trafficked persons, and their advocates is a crucial part of creating effective policies addressing trafficking in persons and sex work; yet, current policies neglect the real needs of the people purported to be assisted by these programs. ((Ditmore, M., 2005) Anti-trafficking &/or anti-prostitution measures should be drafted very carefully in order to actually help sex workers instead of making them feel even isolated and shunned from society. Current law enforcement approaches are problematic because they drive sex workers further underground and alienate them from sources of support and from the mainstream of society. (Ditmore, M., 2005) In an attempt to curb human rights violation that trafficking for sexual exploitation brings, prostitution of others, sexual exploitation, forced labor or services, slavery, servitude, or the removal of organs was inclusive in the Protocol drafted by the UN and state parties were required to penalize trafficking, protect its victims and give the latter temporary or permanent residence in the country of destination. However, this has not always been good for the sex workers. For example, despite initial steps taken to protect foreign victims, “potential trafficking victims without legal status continued to be inappropriately arrested and deported.” (Trafficking in Persons Report, 2006) Criminalization of prostitution has a severe impact on sex workers, both by inhibiting their ability to create stable lives from themselves, and by creating an environment in which violence against them often goes unaddressed. (Thukral, J., 2005) Havelock Ellis, the most thorough and humane student of prostitution, proves by a wealth of data that the more stringent the methods of persecution the worse the condition becomes. (Goldman, E.,1911) It urges us to carefully consider the situations of many women and young men and girls…, and to construct not just more accurate definitions and concepts, but policies, laws, and interventions that empower and liberate poor communities...” (Kempadoo, K., 2005) Finding concrete and reality-based solutions to the needs of this invisible, vulnerable, and marginalized community is imperative to helping them create safe and stable lives. (Thukral, J., 2005) Trafficked persons are considered criminals which affects the recognition of their human rights as persons. Any strategy to address the issue of trafficking of persons from a rights-based perspective must address their illegalization and criminalization. (Sanghera, J. 2005) Bibliography Balos, B. (2004). The wrong way to equality: Privileging consent in the trafficking of women for sexual exploitation. Harvard Womens Law Journal, 27, p. 1,2,8-16,21 Barry, K. (1995). The Prostitution of Sexuality. New York: NYU Press. Chapter 1, Prostitution of sexuality (pp. 23) Barry, K. (1995). The Prostitution of Sexuality. New York: NYU Press. Chapter 5, Traffic in Women (p. 1) Barry, K. (1995). The Prostitution of Sexuality. New York: NYU Press. Chapter 3, Josephine Butler: The first wave of protest (pp. 112) Chew, L. (2006). Reflections by an anti-trafficking activist. In K. Kempadoo (Ed.), Trafficking and Prostitution Reconsidered: New Perspectives on Migration, Sex Work, and Human Rights (pp. 3,14). Boulder: Paradigm Publishers. Corona, E. (2005). Among Ourselves: Female Sex Workers Construct Their Sexual Healthcare. SIECUS Report, 33, p. 17. Ditmore, M. (2005) New U.S. funding policies on trafficking affect sex work and HIV-prevention efforts worldwide. SIECUS Report, 33, pp. 27, 29. Goldman, E. (1911). The traffic in women. In Anarchism and Other Essays (2 ed., p.1- 2,10,5). New York: Mother Earth Publishing Association. Kempadoo, K. (2005). From moral panic to global justice: Changing perspective on trafficking. In K. Kempadoo (Ed.), Trafficking and Prostitution Reconsidered: New Perspectives on Migration, Sex Work and Human Rights (pp. vii,6). Boulder: Paradigm Press. Kempner, M. (2005) Sex Workers: A Glimpse into Public Health Perspectives. SIECUS Report, 33, pp. 2 Outshoorn, J. (2005). The political debates on prostitution and trafficking in women. Social Politics: International Studies in Gender, State and Society, 12 (1), 142,149 Sanghera, J. (2005). Unpacking the trafficking discourse. In K.Kempadoo (Ed.), Trafficking and Prostitution Reconsidered: New Perspectives on Migration, Sex Work and Human Rights (pp. 5,7). Boulder: Paradigm Press. Stachowiak, J. et al. (2005) Health Risks and Power Among Female Sex Workers in Moscow. SIECUS Report, 33, p.20 Thukral, J. (2005). Behind Closed Doors: An Analysis of Indoor Sex Work in New York City. SIECUS Report, 33, p. 1,3,4. Trafficking in Persons Report (2006). Washington, D.C.: U.S. Department of State, Office of the Undersecretary for Global Affairs. (Web CT), Page 12,20, 115. . Read More