Trafficking and Prostitution - Essay Example

Trafficking and prostitution The Feminist Debate "Trafficking and Prostitution" By _________________ Dated: Nov-06-2007 The Initiation The 1960s saw the emergence of a modern women's liberation movement in the United States. With political roots in the civil rights movement and the New Left, feminism problematized and politicized gender with a common aim of acquiring the same rights as that of male. Feminists at that time were frustrated with the then gender system and challenged traditional concepts of masculinity and femininity. Arguing on behalf of the gender 'nature' an idea inherent in patriarchal culture, was undermined by feminist analysis that sought to identify how 'woman' is, in fact, constructed by cultural practices. Slogans like "personal or political" not only helped in showing expression about women inequality in daily experiences but such analysis opened the entirety of personal life to a political analysis, so that, logically, major emphases within feminism were issues of sexuality and intimate relationships. (Irvine, 1990, p. 136) Despite over two decades of an international women's movement, feminist debates upon prostitutes never end. Though feminists have been successful in providing an account of this dilemma that has categorized the debate in two broad categories, 'free sex' and 'forced sex' but how such an all-purpose dilemma which is problematic at every instance can fulfil the deviant that is played in many societies The outcome of such 'feminist' perspective is nothing but that the end of the moral career being subjected to extraordinary public regulations. Situations aftermath end up in ghettoization, arrest, jail or prison sentencing, fines, ridicule, shaming, shunning, and deportation. Additionally, prostitutes are frequently the victims of violent crime raped and beaten by clients or pimps and murdered by unknown serial killers. A Feminist Philosophy Feminist philosophy is a subject which has acquired much attention in the past decades regarding speculative arguments and practical politics. It is us who create and visualize differences, differences based upon characters and differences that emerge as if woman is entitled to a separate class. Despite these differences, feminist philosophers are able to gather and unite woman in a single perspective which in the vision of a philosophical mind is free of the misogyny and male bias that have characterized so much of Western philosophical tradition. Feminist philosophy's challenge to this tradition has been the challenge of repairing the distortions, centring the marginalization, and valorizing what were once considered the trivial, if not invisible, facets of woman's nature, woman's knowledge, and woman's happiness (LeMoncheck, 1997, p. 9). However, contemporary feminists believe that unless and until the feminist philosophers are free to attend towards women's diversity, women will remain stereotyped by the same kinds of restrictive and historical paradigms as those advanced by traditional philosophy. Therefore, many feminist philosophers have not only researched women's experience but have also advocated the exploration of the complexity and variety of women's experience. It is through such exploration that women found themselves open to accept learning attitudes in context with their inner voices and morality differentiated by such features as race, class, and sexual preference. Critics say that by possessing such bold opinions, feminist lit hope to avoid the essentialism of claiming some single, immutable, and universal nature of 'Woman'. A 'Prostitute' Class Many feminists perceive prostitution to be among one of the classes in society. Pro-sex work feminist advocates believe that a 'free-sex' choice must be legally provided to the women for 'prostitution' is a profession after all and a woman possesses a right to choice. Feminists say that prostitutes are not only similar to other women in their society; they also possess a right to acquire the same rights as that of a common housewife or woman. Mary Daly ( 1978) argues that normal female role enactment is linked to violence as a dominant mode of social control, citing as evidence the stoning of female (but not male) adulterers in the Bible, widow burning in India, foot binding in old China, witch hunts in Europe and Colonial America, genital mutilations in 19th century Western countries in the guise of medical treatment and in 20th century Africa as a standard procedure for adolescent girls, and extensive violence toward women in the recent 20th century media (Dworkin, 1990). Sex Philosophy In order to evaluate the 'trafficking' debate, it is essential to analyse the notion that whether trafficking is responsible for providing an opportunity to a prostitute or it could be blamed for converting an innocent girl into a 'forced sex' profession. Today's feminist does not believe in 'trafficking' or 'sex' alone, she possesses one single perspective and that is 'freedom'. Freedom to live, freedom to opt for any lifestyle and freedom to earn, therefore what concerns is not the question about what is ethical or not, it is what a female 'opts' as a profession and as a symbol. In both the concerns, the choice is all hers! A feminist philosophy of sex reflects feminist philosophical values on which a woman decides to choose. In this regard both ancient and contemporary traditions so far escort us towards 'forced' attempts. Whether a woman is dependant or has lived independently, she lacks confident for leading her own life according to her free will. The philosophy of sex has been linked with woman for her, as a 'weak force' can be easily moulded or forcefully characterized by speculative and critical inquiry into the nature, meaning, and value of sex and sexuality. A specifically feminist philosophy of sex can be characterized as one that regards speculative and critical inquiry into the nature of women's sexuality as philosophically valuable. Here the feminist does not intentionally intend to trivialize, distort, or ignore the variety and complexity of women's sexuality in any discussions of human sexuality. Research evidences that another class of feminists exist who believe that women are part of a diverse group whose members vary by features like race, class, ethnicity, sexual preference, age, and physical ability. To avoid the limitations of traditional essentialist claims about women, a feminist philosophy of sex acknowledges the diversity of women's sexual experience, and values, for their own sake, the voices that give testimony to that diversity. Feminist and the Prostitute Currently the dilemma feminists are confronted with is the prostitution stemming from the perceived choice to be made between supporting prostitutes and critiquing prostitution. Both the perceptions emerge from exploiting feminists, where contemporary feminists have no other option than to warn and critiquing prostitution. This is not new that political driven prostitution debate ends up in conservative, moralizing stance against prostitutes, which is reinforced for contemporary feminists through the portrait painted of their prudish, moralizing, conservative, nineteenth century sisters. Although such a manner to measure prostitution seems inadequate on contemporary feminist platforms, but still it persists (Carpenter, 2000, p. 35). Apart from all the choices, feminists must consider those popular images and stereotypes of the sex workers or prostitutes that are seen commonly on the streets, this way they would be able to see the pain of amoral, conspicuously vulgar and indiscriminate sex workers who are by no means different than a lost and hopeless victim of abusers and manipulators (Scambler, 1997, p. 105). Feminism and the Client Prostitution is not the only way to represent men's lust as there are other means to present the desire of sexual needs. However the worst of all the ways is 'Trafficking'. Rather I would consider 'trafficking' to be the other side of sex work. Prostitution enables the client to maintain the relationship which exists between the social and sexual practices of men within the limits of social construction. This way of thinking has changed certainly the aspects to view prostitution and many critiques see this aspect in the light of 'forced sex' and 'trafficking' but many sexologists understand sexuality to be the one socially constructed. In this way they are forced to see both 'forms' within a single culture of nature and art. Almost all the cultures and centuries have proved through their literature that 'prostitution' existed and the females have been a focus of anxiety for those who were rich or who wish to regulate society. The study of the prostitute and prostitution engages a variety of disciplines, including theology, medicine, politics, law, social policy, sociology, history, literature, art, and the generalised social observation of human frailty, of which most of us are guilty (Self, 2003, p. 17). Since by then the experts and social commentators have evidenced and analysed, the scenario in which such crimes took place. Ultimately punishment was suggested as a measure to stop 'forceful' prostitution. Meanwhile analysing causes and effects by looking into the matters have encouraged many women not only to identify their social illness but also to make efforts of quitting this social evil. Female prostitution therefore sought ways to attain a legal status and therefore legalized or illegalized by lawyers, politicians, social thinkers and theologians in context with the biblical roots of stigmatisation. By illustrating umpteen ways of defining the prostitute's behaviour as different from normal womanly conduct, sociologists have categorised the womanhood on the grounds of 'free' and 'forced'. Pateman's (1988) work is also among one of those who enables feminists to counter the prostitute voice of experience with an equally confident declaration that a demand for paid sex is her right and must be considered by giving proper legal status. Moreover, she accomplishes this without replicating the nineteenth century feminist position. Pateman's rethinking of the client relies on understanding the male demand for sex as an outcome of his bodily organization through modern liberal democracies, rather than as an outcome of his supremacy, dominance, or social control (Carpenter, 2000, p. 64). Apart from the prostitution or battered women experience and all the philosophical concerns of the forced or free sexual work, feminists must think the dilemmas behind the factors that thrust a female towards prostitution, or else trafficking. According to Bybee & Sullivan (2005) "partner violence is a common social problem that exists in our society and effects moreover 1.5 million women each year" (Bybee & Sullivan, 2005). In such conditions where women is tortured, raped and trafficked throughout the world, the shattered women must given protection and courage to defend, rather than to encourage by 'pro-sex' work. In between the free and forced prostitution debate, lies those activists that take political advantage of feminists' notion. By exposing women towards the opinion of 'free-will' such political theorists take unnecessary advantage of women freedom in various interests like culture, education, work, and tourism. Of course there would be no prostitution or no trafficking, tourism would be left alone. The best example of prosperous tourism is that of Asian states like Thailand, Bangkok, Nepal etc. These countries are a leading symbol of prostitution which attracts tourists throughout the globe. Prostitution or trafficking means business. More trafficking - more popularity, more money and more fame in the world of tourism and art. In such case political theorists would emphasize upon 'women equality' and 'women freedom' to legalize sex work as it would give the best coverage to hide and grow the 'prostitution' business, in other words the cross roads to trafficking. Special provisions that reflect the vulnerability of women in poorer countries are no other than prohibition on trafficking in women, female infanticide, maltreatment of women who give birth to girl babies are listed explicitly in 'Rights Relating to the Person' (Edwards & Roces, 2000, p. 66). Trafficking According to Human Rights Watch (1999), a US based non-government organisation, "Trafficking - another form of sex slavery depicts such an illegal and highly profitable transport and sale of human beings across or within international borders that it is transformed into more or less an industry with the purpose of exploiting the labour (Matsui, 1999). Trafficking is the worst face of human rights abuse with global dimensions' which has affected and still affecting millions of females around the world sold into forced prostitution or labour through involuntary marriage". Sex Tourism and Prostitution Sex tourism can be explained in the context of an interaction that takes place between two sets of people in such a manner that both are different. One is the tourist which is free to enact a socially sanctioned and economically empowered marginality, while the second, the prostitute, is stigmatised as a whore, a woman of the night, as the scarlet woman. Such stigmatisation when challenged, take the form of a female labour engaged within the terminology of being a sex worker. Now, analysis being done with a focus on women alone as prostitute is challenged by feminists as an emerging sector of the sex industry. Feminists on the cross roads to the debate of 'free' and 'forced' sex often forgets to consider the 'freedom' when homosexual and lesbian holiday markets utilise sex for reasons of relaxation and self-identification. Link between tourism and prostitution escapes from the role of a traditional sex worker and feminists argue for the commodification and degradation of female sexuality. Both processes serve in accordance with the wider processes of industrialisation, so that such processes of tourism and sex work contain potentialities to confirm the sense of self that Marx saw as being alienated by modernism. It is also clear of what the political threats are faced from the tourism and prostitution professions. Both possess dangerous political threats that are subordinate to the mainstream of society and therefore challenge the norms of the dominant. Their existence continues to represent alternative lifestyles as it is merely impossible from the political viewpoint to alleviate both or the link between them. Politically no one would afford to put an end to a regular income generated each year from the tourism and sex industry (Michael, 2001, p. 2). Such condition when visualize from a positive stance, make it clear that there are two conditions possible; non-work against work - rates not negotiable or higher rates, and in the other, where women are unwilling to accept lower wage rates. In this case they are bound to use their sexuality as sources of income. These marginalities where on one hand presents the reinforcement of consumerism, on the other hand they depicts a clear picture of women exploitation. Besides the legitimate structure of order, prostitution that invites tourism upholds a pragmatic relationship which is the relationship of client, customer and market transaction. This market transaction looks forward to receive its reward and serve the nation by creating a unique identity. Example is that of famous Thailand tourism industry which all depends upon prostitution. It is through this market transaction that brings the role of alternative lifestyles of tourist and sex worker within the capitalist structures that dominate western society. The question that must be asked from a feminist as well as political perspective is that do the relationship between tourism and prostitution so close that it never bothers to concern about those 'professionals' who are entered into the sex industry by force Does tourism really responsible for the historical antecedents in social forces that gave rise to trafficking Tourism and Trafficking An exploitative condition that welcomes tourism on the cost of trafficking adopts anti social behaviour and along with the growth of prosperity it flourishes other social evils. Example, China has become a leading symbol of economic success and along with prosperity there has come a growth in pornography, prostitution and trafficking of women. In Bangkok, the welfare campaign group named 'End Child Prostitution, Pornography and Trafficking' (ECPAT), notes that "It is through the increased tourism growth that has resulted in tremendous commercial growth of the sexual exploitation of children". (Michael, 2001, p. 23) Now, that means sexual exploitation has given one reason to parallel the growth of tourism in many parts of the world. ECPAT estimates that the sex industry of Philippine is growing with the help of 60,000-100,000 children devoted while working in the sex industry. In Cambodia 31 percent of sex workers are those in between the ages of 13 to 17, while trafficking in young women is commonly reported in Bangladesh, Burma and India. (Michael, 2001, p. 23) Forced sexual exploitation of women and children is present in factories, building sites and sweat shops. I remember once my trip to India, while I was on the main road to Bombay in a cab followed by a red signal, a female child aged between 12 to15 offered me her sexual services just for Rs. 50. This is the situation which is quoted by Muntarbhorn (1996): "It is of no use that we are in delusions, since no one can deny that the problem of children being sold for sex exists, here and now, in almost every country in the world" (Muntarbhorn, 1996). It has been assumed that the terms 'trafficking', 'prostitution' or 'sex worker' depicts within them the extent to which they are free or forced, but it has also been shown that many different situations and interpretations exist. A single definition which covers all these terms into a broad spectrum of different situations is that tourism presents an opportunity for people, male and female, to exploit their marginal status and their economic power to cross the line between the licit and illicit boundaries. Now the difference between the socially sanctioned and the 'socially suspect' needs a close examination. The boundary is our visions to find appropriate direction in the infinite space of our worlds. Thus, the redrawing of boundaries in order to acquire a new framework of personal and societal knowledge and values requires thinking and planning what is beneficial for a powerful economy Either to remain in power and politically support the flux of trafficking and prostitution in the clothes of tourism, to ease the transmission of discourse or to simply categorize prostitution and trafficking and keep it distinct apart from that of tourism. Porter (1997) suggests that boundaries to power are points of disjuncture that act to ease the funnels for flows of trade, HIV and sex trafficking. By crossing such boundaries, one challenges the potential for the socially condemned, to enter the discourse of that which is normally socially sanctioned. Now, it is the responsibility of the society not to criticise or conduct a powerful debate, but to decide the basis upon which any penetration of the boundary with the 'illegitimate' is to be judged. The illicit margin that gives 'freedom' to evil acts like prostitution or trafficking must either be recognised or denied. It is useless to talk in between, so the feminists and arguers must decide what has to be done on a practical basis. Various options exist in this case. It depends upon the feminists either they see the dark side of trafficking which is forced prostitution or they visualise the so called modern or free side which is followed by 'free prostitution'. In both the cases argument must be followed without leaving sign of hypocrisy as such subject to injustice. Women - victims in War Women are at worst circumstances during war times. History tells us that while all members of communities bore the brunt of these tactics, for women there were new horrors. Those herded into the new settlement camps were conscripted as forced labourers for development projects and as porters for military manoeuvres. All community members were liable for this but when no men were available the military seized those remaining women, children, the old and infirm. Even pregnant women were tortured at war. It is not unusual for uneducated women to work on construction sites at the lighter tasks of fetching and carrying. However, during the bitter border wars, the military required them to do hard physical labour in poor conditions without pay or medical treatment, or alternatively to carry supplies or ammunition to the front. In battles they were used as human shields, physically and emotionally. Vulnerable and defenceless against armed soldiers, they were also subjected to rape and gang rape. Any who resisted this assertion of male power were killed (Edwards & Roces, 2000, p. 281). The women who escaped successfully across the borders were subjected to the miseries of dislocation with its attendant insecurities and vulnerability. Example is that of Burma, when in late 1995 Burma's total refugee population in Thailand, Bangladesh and other countries amounted to nearly 400,000, 80 percent were women and children (Edwards & Roces, 2000, p. 281). In Thailand not only were they vulnerable to continued Tatmadaw attack from Burma, they were also exposed to exploitation by the Thai authorities, especially as Thailand was not party to the UN Convention relating to the Status of Refugees. They also faced the prospect of being forced back into Burma. In Bangladesh though they received more government and UN assistance, disease and starvation stalked the camps. War effect on women The adverse effects of war on women that have no participation end up in murder, slaughter, rape, gang rape and mutilation. The left over women are the life time sufferers of loneliness and vulnerability of separation and bereavement of their loved ones, particularly children. Women who are young are subjected to the 'survival' issues and therefore face hardships and deprivation in the worst form of life. They are the ones who have the onus to support their leftover families. The rest are those who are deprived of their homes, their possessions, and their family and are struggling for their daily survival in a strange place. This category of women has to choose one of two professions. Either prostitution or trafficking, which means they have no option left than to choose free-prostitution otherwise trafficking chooses them. New Perspectives on Sexual Work Sexuality studies no doubt have provided us many opportunities to rethink about its various dimensions. Once trafficking was considered separate from prostitution, today both are viewed in the same paradigm. The transformation from the first generation views to this generation does not by any means require political pressure or force a continual re-evaluation of social and political questions. By spending time and efforts to fill up the pages of history, scholars and activists working in the field of sexuality studies have finally discovered what it takes to consider the insights of trafficking. Kamala Kempadoo's work is also among one of the efforts that invites all the sociologists and capitalist countries to reconsider the issue and the myths behind trafficking and prostitution. Kempadoo (2005) differentiates between viewing trafficking and prostitution in the same manner. She suggests in chapter 6 of her book "Trafficking in lives: how ideology shapes policy" that it is the ideology behind every state that emerge as a modern multilateral human rights treaty to monitor or supervise the way in which states fulfil their obligations (Kempadoo, 2005, p. 108). Our ideology on one hand goes on with re-evaluating or making fresh policies, particularly by examining reports that states are required to make on a regular basis, while on the other side of the trafficking issue is poverty or economic downfalls responsible for creating trafficking. Is the flourishing of sexual commerce one domain among others in an expanding global service economy, or the manifestation of gross inequalities of gender, class, race, and nation These bureaucratic efforts to stop 'trafficking' also have a significant effect on the domestication of international standards (Pollis, 2000, p. 186). Instead of focussing attention on the reshaping of policies in order to stop trafficking, it is much better to legalize it for many reasons. Politicians reinforce the policy agenda on the varying ways in which different societies go about achieving it, in other words they don't shape policies but human minds or more like a society in the context of various legal systems. That means our societies are dependant upon those perceptions that are set by the political figures or by anti-trafficking activists. Today trans-national feminists like Kempadoo (2005) intends to create awareness on the global era to understand the need to legalize sex work. According to Mcclain (2007) "There is a need to have an effective trafficking legislation framework that not only addresses human rights dilemmas through the lens of gender and economic inequalities, but also considers the sensitivity behind the sex industry sensationalism (Mcclain, 2007). Instead of reshaping the policies again and again it is better to think about the hidden aspects of sex work. This would ease the life of thousands of those poor women who are trafficked each year thereby facing the worst conditions according to which they remain unable to get through the emotional and physical wounds. Conclusion Trans-national societies are not alone among violators of women's rights, but it leads among industrialized countries in its laggard responses to rape, sexual trafficking in women, and employment discrimination. Every time the government cosponsor international conferences on trafficking and violence against women, a new policy arises or the existing policies get reshaped with a new label. Women's advocacy, which is a sign of potential for change remains unable to protect women and with the increase of violent crime each year, conferences are conducted. This indicates the extent to which government remains successful in alleviating prostitution and trafficking. When a highly profitable Industry associates with tourism, it is labelled as 'sex tourism' to which the government sits and enjoy its share. Why would the states consider it seriously and why putting a ban on such issues would alleviate women abuse, when the states is part and parcel of such a profitable business References Bybee Deborah & Sullivan M. Cris, (2005) "Predicting Re-victimization of Battered Women 3 Years after Exiting a Shelter Program" In: American Journal of Community Psychology. Volume: 36. Issue: 1-2. Canadian Journal of Sociology (May-June 2007) Kamala Kempadoo "Trafficking and Prostitution Reconsidered". Accessed on Nov-05-2007 from < http://www.cjsonline.ca/pdf/trafficking.pdf> Carpenter J. Belinda, (2000) Re-Thinking Prostitution: Feminism, Sex, and the Self: Peter Lang: New York. Dworkin Andrea. (1990). Pornography: Men Possessing Women. New York: Dutton. Edwards & Roces, (2000) Women in Asia: Tradition, Modernity and Globalisation: Allen & Unwin: St. Leonards, N.S.W. Irvine M. Janice, (1990) Disorders of Desire: Sex and Gender in Modern American Sexology: Temple University Press: Philadelphia, PA. Kempadoo Kamala, Pattanaik Bandana & Sanghera Jyoti, (2005) Trafficking and Prostitution Reconsidered: New Perspectives on Migration, Sex Work, and Human Rights. Paradigm Publishers. LeMoncheck Linda, (1997) Loose Women, Lecherous Men: A Feminist Philosophy of Sex: Oxford University Press US: New York. Matsui, Y. (1999) Women in the New Asia, London: Zed Books. Mcclain Takiyah Rayshawn, (2007) "An Ounce of Prevention: Improving the Preventative Measures of the Trafficking Victims Protection Act" In: Vanderbilt Journal of Transnational Law. Volume: 40. Issue: 2. p. 579+. Michael Hall C., (2001) Sex Tourism: Marginal People and Liminalities: Routledge: London. Muntarbhorn, V. (1993) "Sale of Children": Report Submitted by the Special Reporter Appointed in Accordance with the Commission on Human Rights Resolution 1992/76, 9 February Pollis Adamantia, Schwab Peter & Rienner Lynne, (2000) Human Rights: New Perspectives, New Realities: Boulder, CO. Scambler Graham & Scambler Annette, (1997) Rethinking Prostitution: Purchasing Sex in the 1990s: Routledge: London. Self J. Helen, (2003) Prostitution, Women, and Misuse of the Law: The Fallen Daughters of Eve: Frank Cass: London. Read More