Seminar on the Effects of Legalisation of Prosti- tution Activities, Stockholm 5–6 November, 2002

Gunilla Ekberg Special advisor on Rosario Carracedo Lawyer and expert Jenny Westerstrand PhD student in issues of prostitution and trafficking on prostitution and trafficking for the Public International Law at Uppsala in women at the Swedish Division for C.I.M.T.M (Comisión para la Investiga- University. Jenny Westerstrand has a Gender Equality. Gunilla Ekberg is the ción de Malos Tratos a Mujeres), Mad- special interest in legislation of prostitu- coordinator of the Nordic Baltic cam- rid, Spain tion in Europe in relation to human rights paign against trafficking in women, a issues, especially in regards to the right lawyer and long time feminist activist. Marianna Solomatova Development to bodily integrity. Coordinator of the Director of the Moscow office of the Angel Swedish national prevalence study on Janice Raymond Professor Emerita of Coalition (an anti-trafficking organization male violence against women presen- Women’s Studies and Medical Ethics of 43 NGO in Russia and the Common- ted in the report Captured Queen. at the University of Massachusetts in wealth of Independent States). Amherst, USA. A longtime feminist acti- Esohe Aghatise Specialist in Interna- vist against violence against women and Sheila Jeffreys Associate Professor in tional Economic and Trade Law and in sexual exploitation, as well as against Political Science at the University of Ethno-Clinical Mediation with foreign the medical abuse of women. Janice Melbourne, Australia and a founding immigrants especially victims of traf- Raymond is also Co-Executive Director member of Coalition Against Traffick- ficking. Esohe Aghatise is an expert on of the Coalition Against Trafficking in ing in Women in Australia (CATWA). trafficking in persons for prostitution Women (CATW), an international NGO Sheila Jeffereys is also the author of and other purposes. having Category II Consultative Status five books on the history and politics with ECOSOC, and with branches in of sexuality including The Idea of Pro- every world region. stitution.

Jean D’Cunha Senior Programme Specialist with UNIFEM East and Southeast Asia Regional Office, Bangkok, Thailand. Jean D’Cunha has published widely on a variety of gender concerns, but especially on the issue of sexuality, with special reference to prostitution and prostitu- tion laws.

SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 Speech by Deputy Prime Minister Margareta Winberg

5 November 2002 ing in women. By accepting various sexually exploit women and children forms of prostitution activities, they commit a crime. Ladies and Gentlemen, have created a large local prostitution We expressly state that prostitu- It gives me great pleasure to wish you market that is attractive for traffickers tion is a form of sexualised violence all welcome to our seminar, which is from all over the world. And here we by men against women. We know that about the effects of the legalisation of have the connection – without prosti- without men’s demand for women prostitution. tution, there would be no trafficking and children, the prostitution industry I hope that the international experts in women. would not be able to flourish and that we have invited will inspire us all in the I believe that we will never succeed trafficking in women would therefore fight against prostitution and traffick- in combating trafficking in women if not be able to continue. This is why it is ing in women and that the ensuing we do not simultaneously work to abo- important, but controversial, to focus debate will be extended, both in Swe- lish prostitution and the sexual exploi- on the demand. But we must dare to den and elsewhere. And in the longer tation of women and children. Parti- take this step. term, will bring us positive results. cularly in light of the fact that many I believe that Sweden has an impor- In recent years, as you know, a num- women in prostitution in countries that tant role to play in Europe and interna- ber of countries in Europe have lega- have legalised prostitution are original- tionally in efforts to combat prostitu- lised brothels and implemented other ly victims of trafficking in women. Here tion and the growing global trafficking measures to enable the acceptance we can also see the connection. in women and children. We have long of prostitution and its normalisation as I consider that we are now in a given priority to the fight against pro- a so-called ”profession”. Certain other major period of upheaval, interna- stitution and trafficking in women as countries around the world are also tionally speaking. Shall we allow the an important element of Swedish gen- considering whether or not to enact global prostitution industry, i.e., the der equality efforts, both at the natio- similar legislative amendments, or in individuals, groups and organisations nal level and internationally. some cases, even to decriminalise all that are behind the organised sale of In July 2002, a new law against those active in national prostitution women and children, and the industri- trafficking in human beings for sexual industries: pimps, brothel owners, etc. es that use pornography and prostitu- purposes entered into force in Swe- I consider that these countries tion as sales arguments and that pro- den. This means that all the links in have capitulated and succumbed to fit from the oppression of women and the prostitution and women-traffick- pressure from the profit-seeking pro- girls – shall we allow them to continue, ing chain have been made a crimi- stitution industry. I do not think that it without protesting? nal offence in Sweden: the buyers of is acceptable for states that call them- Shall we tacitly accept the fact that women and children in prostitution, selves democratic to legalise men’s men buy and sexually exploit genera- pimps and traffickers in women. sexual exploitation of women. By tions of girls and women around the We are also investigating ways of legalising brothels and other prosti- world? protecting and supporting women tution-related activities, these states’ Shall we accept the fact that cer- and children who are the victims of governments and parliaments are say- tain women and children, primarily trafficking in women in Sweden. ing that it is right that women, and in girls, often those who are most eco- An acceptance of prostitution, pro- some cases children, can and will be nomically and ethnically marginalised, curing and other forms of activity rela- put up for sale, bought and consumed are treated as a lower class, whose ted to prostitution is a serious threat like any other commodity. purpose is to serve men sexually? to our gender equality objective and is And ultimately, are not also these No, of course not. I believe that in not compatible with a society in which states acting as pimps in collecting Sweden we have a particular responsi- we can realise this objective. taxes and making money from the bility. We have long taken a position It also means a serious violation sex trade? against prostitution and the oppres- of the women and children who are What is more, I am convinced that sion of women that this entails. We bought, sold and exploited by men for these countries will not be able to work have made it clear in no uncertain sexual purposes. successfully against the global traffick- terms that those men who buy and It was against this background

2 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 that in June 2001, at the Women and rians from all the Nordic countries and der equality I will give priority to, and Democracy conference in Vilnius, I the autonomous areas. intensify, efforts to combat prostitution suggested to my colleagues, ministers I sincerely hope that the Nordic and trafficking in women – both within responsible for gender equality issues countries will be able to set an Sweden’s borders and internationally. in the Nordic and Baltic countries, that example to the rest of the world on In conclusion, I would like to we should undertake a joint campaign this issue! remind us all that efforts to combat against trafficking in women in 2002. However, the campaign that was prostitution and trafficking in women The ministers of justice subsequently initiated is just a first step in a long- can only succeed if we refuse to be joined in this campaign. term programme to combat prostitu- the stooges of the international pro- The efforts of non governmen- tion and trafficking in women in the stitution industry. Instead of adop- tal organisations in the fight against Nordic and Baltic countries. On 1 ting the superficial and individualised prostitution and trafficking in women January 2003, Sweden will take over arguments put forward by advocates in our region are also indispensable. the Presidency of the Nordic Coun- of legalisation, we must take a stand They have valuable expertise and cil of Ministers. We will be active in against a society in which women and experience that we must make use ensuring that efforts continue against children are regarded as commodi- of. Their role is to put pressure on prostitution and trafficking in human ties for trade; against the purchase and inspire us; we must therefore be beings, and especially in women and of women and children by men, and receptive to their ideas and support children, that they are undertaken for a future in which all women and their work. from a holistic perspective and given children are given equal opportunities The aim of our campaign was to political priority. and in which their human rights are increase knowledge and raise awa- I intend to invite representatives of respected. reness of trafficking in women, both the Nordic and Baltic governments, in our region and globally, among the politicians, agencies and voluntary Thank you. general public, agencies and voluntary organisations from all our countries to organisations. The campaign has now a conference in the spring of 2003 in been under way for almost six months. which they will be given the opportu- Above all, we have succeeded in ini- nity to discuss and present concrete tiating discussion and stimulating a measures for further long-term work debate in our countries. We are begin- against prostitution and trafficking in ning to agree that trafficking in women women in our region. cannot be fought in isolation from pro- In addition, we shall undertake a stitution. I am very satisfied with the survey of, and initiate programmes to results achieved so far. combat prostitution and trafficking in I regard it as one of our most women in northern Sweden, Norway, important tasks to present a feminist Finland and north-western Russia. perspective on the reasons for pro- We have problems, for example, in stitution and trafficking in women. It Norrbotnia. is due to the gender power structure These initiatives aim at finding alter- existing both in Sweden and the rest of native solutions, based on sustainable the world. In other words, the superior development, for Russian women position of men and the inferior posi- and young girls who are now, or are tion of women. in danger of becoming, the victims of I am therefore very pleased that prostitution and trafficking in women, discussions have now been set in such as those who are bought over motion in our Nordic countries on the weekend by Swedish men near the Swedish legislation criminalising a village in Norrbotnia. In addition we the purchase of sex and other mea- will be drawing up and implementing sures dealing with men who purchase measures to combat the demand by women and children for prostitution Swedish, Norwegian and Finnish men purposes. I would like to cite a con- for women and children for sexual crete example of how our efforts have purposes. been rewarded: at the 50th Session The Swedish Minister for Foreign of the Nordic Council in Helsinki last Affairs has also presented an initia- week, the majority of the members tive for establishing, at state secretary stated that efforts against prostitution level, a Nordic-Baltic action group and trafficking in women should be against human trafficking. A concrete targeted at the root cause, namely the proposal will shortly be submitted. demand for women and children. The In my future work as Deputy Prime statement was signed by parlamenta- Minister with responsibility for gen-

2 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 The International Debate about Prostitution and Trafficking in Women: Refuting the Arguments

Gunilla S. Ekberg and girls, but I do include all victims tique of society and an analysis of male Special Advisor of prostitution and trafficking in my power. What they also care to ignore is Division for Gender Equality, analysis. that the concept of free will requires Ministry of Industry, Employment I suggest that it is essential that we the existence of several possible and Communications know these arguments, because the options to choose from and the control Sweden international debate influences how of the person in making a choice. we discuss and work against prosti- The prostitution defenders argue Today I will talk with you about the tution and trafficking, in our countries that women have been violated and basic concepts and terminology used and internationally. exploited by men only if they did not in the international debate about pros- consent to the violation. We, who work titution and trafficking in women and ARGUMENTS BY with women and girls who are victims of girls. I will go through and counter a PRO-PROSTITUTION GROUPS male sexual violence, know that women number of different arguments used I will show you that these arguments and girls sometimes “consent” to differ- by the pro-prostitution lobby to justify are based on false premises and do ent forms of exploitation because they prostitution. not take into consideration basic fac- are afraid of the perpetrators, because The prostitution lobby are those tors such as the gender specificity of they are used to being treated cruelly by individuals, groups, organizations and prostitution, and power differences males, or they may have previous expe- countries that argue that prostitution between men and women. We know riences of male sexual and physical vio- is work and can be chosen freely, that that the majority of the victims of lence and so on. different prostitution activities such prostitution and trafficking globally are Their false analysis of male violence as brothels and pimping should be women and girls, and that the major- against women is especially danger- legalized or decriminalized and that ity of the perpetrators, the pimps, traf- ous because it creates two classes prostituted women should receive fickers and the buyers, are men. of females. Those women who do not social insurance benefits based on I would like to ask you to think “consent” to rape, sexual exploita- that they have been prostituted (and about the following question while I tion and prostitution, and prostituted not as a basic right of a citizen). The go through and discuss the different women, who, by the fact that they prostitution defenders also argue that arguments: who benefits from the accept money handed to them by the prostitution and trafficking in women prostitution of women and children? buyers, are assumed to have given should be discussed separately and their consent to whatever violation the that trafficking in women is only a seri- PROSTITUTION AS A CHOICE buyers will subject them to. ous problem when women have been A common argument by prostitu- This analysis puts the responsibil- trafficked by force or coercion. tion advocates is that women and ity for prostitution on the prostituted In the concept, the prostitution girls make informed and calculated women and girls and does not take into industry, I include such activities as choices about entering into prostitu- consideration the systemic oppression brothels, sex-, night- and striptease tion. They say that the ones who have and subordination of females by males clubs, street prostitution, escort serv- so chosen should be free to pursue and men’s eroticization of females as ices, Internet sales of prostituted their choice in the name of self-deter- objects for their sexual “pleasure”. women and children, mail order bride mination and integrity, over their lives In reality, what kind of “choice” do agencies, phone sex operators, sex and their bodies. these women and girls have? tourism agencies, as well as the crea- The prostitution lobby wants us We know that a number of oppres- tors and distributors of pornography. to believe that prostitution is female sive conditions increase the likelihood I also include third-part beneficiaries sexual liberation and a way for women of women and girls being drawn into such as travel agencies, hotels, and air to give full expression to their deep- prostitution by pimps and traffickers, companies that benefit from the pros- est sexual fantasies. These ideas are such as living in poverty, being home- titution of women and children in the based on an uncritical acceptance of less and being drug dependent, gen- tourism industry. the old libertarian concept of individual der inequality, sex and racial discrimi- I will be using the words women free choice and completely lack a cri- nation as well as sexual, physical and

4 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 psychological violence by male rela- the rhetoric centers around the idea ers and buyers) who use their inher- tives, boyfriends, husbands, pimps that prostitution is a job just like any ent power to dominate and control and others. other, using traditionally female, low- comparatively powerless women and In different studies from around the paying jobs as comparable illustra- girls. world, the majority of women and girls tions. Prostitution, they say, is a more Traffickers, pimps and buyers in prostitution report that they have flexible, remunerative and less time use the same manipulative tactics been victims of male sexual violence consuming option than many service as violent and abusive male partners in their girlhoods. In a study of 130 and factory jobs.5 and male relatives do. Both battered prostituted persons in San Francisco, Some argue in all seriousness that women and prostituted women some- the researchers found that 57% had there is no real difference between times enter abusive situations seem- been sexually abused as children and working as a health care worker, ingly “voluntarily.” They may stay in or 49% had been physically assaulted.1 and being in prostitution. In fact, in return to violent men, and they may Likewise, Council of Prostitution Alter- the Netherlands women have been deny the abuse, and defend their natives in Portland, Oregon reported employed by certain city councils as abusers. And yet no one will argue that 85% of the women interviewed “sexual Samaritans”. These women that women, who stay in relationships for their Victim Survivor Survey were (and a few men) regularly visit men with abusive men for economic or victims of incest as girls and 90% had (and a few women) who are physically other reasons, for the children etc. are been physically abused. 2 and/or mentally disabled, or living in exercising free will or pursuing their In a study conducted in Calgary, senior housing to provide “sexual serv- liberation. Canada, in 2001, 82% of the young ices”. In 1998, 2200 of these “visits” Yes, it is problematic when women women had been victims of prior took place in Holland.6 seemingly opt into oppressive patriar- male sexual violence, and 86% of Some proponents maintain that chal institutions that have their origin the women were under 18 when they prostitution is a profession; skilled in the subordination of females. But first were prostituted. 3 International women perform essential social func- Feminists have been able to disentan- researchers agree that internationally tions by providing sexual services to gle the patriarchal lies about female the median age for the entrance of girls men, who otherwise may not have compliance in other forms of male into prostitution is 14 years of age. access to a sexual “outlet”. By giving violence. We are, of course, able to do In order to facilitate male access to men sexual fulfillment, the supporters the same with prostitution and traf- females, men have to break us down, suggest, male psychological trauma ficking in women. force us into a position of subordina- and even the acts of rampant sexual tion. When a woman has been used as predators against other women may be PROSTITUTION, POVERTY an object for male sexual satisfaction prevented. AND RACISM since she was a girl, she will eventually Many people believe that, by refer- Some prostitution defenders argue that believe what they keep repeating; that ring to women in prostitution as “sex prostitution is an acceptable solution the only value she has is sex. Her body workers”, they are dignifying a mar- to poverty. They assert that prostitu- no longer belongs to her, and her self- ginalized group. I suggest the oppo- tion is a legitimate and rational choice respect and self-confidence has been site. By redefining women as “sex for poor, uneducated and unskilled destroyed by the perpetrators. workers” we ignore the violence, the women for whom other kinds of work To talk about choice in this context poverty and the oppression that make alternatives are hard to come by.9 becomes both cruel and meaning- women and girls vulnerable to pimps What they mean, but do not say, less. When we allow the prostitution and traffickers, and that drives them is that prostitution is an acceptable defenders to blame the victims of into prostitution, and, importantly, solution for women living in poverty. prostitution for their victimization, we that keep them there. In fact, a recent Seldom do we see proposals that poor collaborate with them. Male violence US survey found that almost 90% of men should make their way out of is thus obscured and focus is off the women involved in prostitution would poverty by welcoming the insertion of perpetrators. leave if they could.7 penises and other objects into them Instead of talking about prostitution We also give full legitimacy to the on a regular basis or dance naked on as a choice, we must ask ourselves: prostitution industry as a viable eco- a stage in front of ogling and mastur- If prostitution is a free choice, why is it nomic sector, instead of recognizing bating males. that it is always the women and girls who it as a deeply exploitative system that The prostitution industry exploits have the fewest alternatives who are the destroys the lives of millions of women to its advantage the fact that most ones who end up in prostitution? and girls every year. women and children who are in prosti- Instead of comparing prostitution tution come from the most oppressed PROSTITUTION AS WORK to work, we should be addressing the and vulnerable groups in society. It Another common argument used problem by using a Feminist analysis also benefits greatly from the fact by the prostitution advocates is that of male violence against women and that women of colour and indigenous prostitution is legitimate work for girls. 8 Like in all other forms of male women face additional levels of vio- women, and a valid form for female violence against females, prostitution lence and oppression because of rac- economic empowerment.4 Generally is carried out by men (pimps, traffick- ism. These women and girls clearly do

4 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 not have a choice. They are economi- all kinds of bodily violations and inva- tuted, that prostitution is “work” that cally and racially marginalized, and are sions, and must “service” many buy- should be respected, and that traffick- recruited into prostitution because of ers – anonymous males - every day ing in women is only a problem when the absence of real, reasonable alter- while pretending that she enjoys these women are forced or coerced. natives such as food, education, work violations.11 The type of trafficking which they and housing. Women and girls who have perceive as “voluntary”, where women To give you one pertinent example: escaped prostitution after years of are assisted by traffickers to go from In Canada, Aboriginal women and girls abuse consistently describe lives one country to another for “work”, is are over-represented in prostitution. filled with terror and unimaginable re-named “migration for sex work”. In a study made a few years ago in and unbearable cruelty in the hands The problem is not prostitution in Vancouver, the researcher found that of the buyers and the pimps. They itself, they argue, but the “stigma” 80% of the street prostituted women have been subjected to sexual torture that is attached to being a so-called are Aboriginal women.10 Likewise in in the guise of particular sexual prac- “sex worker”. Winnipeg, where 70% of the prosti- tices such as sadomasochism,12 and The prostitution apologists want tuted women were Aboriginal. are systematically humiliated, sexually to de-criminalize all the actors of In addition, the increasing globali- harassed, threatened, raped, beaten, the prostitution industry: including zation of the economy, the promotion and sometimes kidnapped. the brothel and escort agency own- of an open market as well as liberal- Also, many women and girls have ers, the pimps and the procurers and ized trading and investments has acquired sexually transmitted diseas- the buyers. (In the US and Canada, thrown developing countries into a es (STD’s), including HIV/AIDS from solicitations laws apply to the buyers competitive race: who can offer the the buyers and the pimps. The pimps as well as to the prostituted women lowest wages? This has had devas- and buyers also often film and photo- i.e. the buyers are criminalized). tating social, economic and political graph the violation, and sell the films They argue that government policies effects on women and girls in these as pornography and post the photos should ensure that women in prosti- countries. It has resulted in the com- on Internet web sites. tution are entitled to the same labour modification of females and the aggra- The effects on prostituted women’s rights and benefits as other workers. vation of prostitution and trafficking, physical, mental and emotional health These policies should guarantee that causing tremendous suffering and are, of course, grave and cause seri- the “employers” – the pimps and the devastation of women’s lives at great ous long-term physical and emotional brothel owners – follow employment social, economic and psychological harm. standards legislation. costs to them as well as to society. International studies show that By setting up legal brothels with prostituted women suffer similar seri- regulated working conditions, pros- PROSTITUTION IS MALE VIOLENCE ous psychological injuries, as war vet- tituted women will, according to this In pornography, women are often por- erans and survivors of torture, such reasoning, be protected from the trayed as if they have the power over as flashbacks, anxiety, depressions, exploitation by pimps and from vio- the males that are using and abusing sleep disturbances and stress. 13 lent “customers”. They contend that, them. They have, it is claimed, full Suicide and suicide attempts are also by allowing women to “work” in a pro- control over the sexual act and the common. tected environment, women will gain monetary transaction, and can decide Murder is a fact of life for all pros- control over their income as well as its terms and conditions. tituted women and girls. In Canada, over their bodies. They refuse to rec- Likewise, the prostitution industry prostituted women and girls suffer a ognize that prostitution itself is sexual often downplays, minimizes and trivi- mortality rate that is 40 times higher violence against women and girls. alizes the extreme level of violence that than the national average.14 They are The pro-prostitution lobby often males are committing against women the most routinely searched-out vic- argues for “tolerance zones”; sepa- and girls in prostitution. In particular, tims of male sexual predators and rate districts in cities where brothels they carefully avoid mentioning the serial murderers, who take advantage are licensed by the local governments actual prostitution act, which I argue, of their vulnerability, knowing that they and where street prostitution is regu- is an extreme form of male sexual vio- can commit these rapes and murders lated. lence; rape. relatively undisturbed. In June 2000, the Canadian Liber- Pimps, traffickers and buyers sub- al MP Mac Harb, introduced a private ject women in prostitution to brutal REGULATION, DECRIMINALIZATION members Bill to the Canadian Parlia- rapes and physical abuse to break AND LEGALIZATION OF PROSTITUTION ment, in which he suggested amend- down their resistance and to “season” Certain governments15 as well as ments to the Criminal Code allowing them into prostitution. A prostituted certain international organizations16 municipalities to create “red-light dis- woman or a child is in a position of support the regulation or legalization tricts” and license brothels. The Bill extreme dependency to the man who of prostitution activities and maintain was later defeated in the House of buys her and then sexually uses and that trafficking and prostitution are Commons.17 Likewise, Réal Menard, abuses her. She must do anything he two separate phenomena. They argue MP for the Bloc Québecois, wants to expects her to do. She has to endure that women can choose to be prosti- decriminalize the prostitution industry

6 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 7 and allow tolerance zones where “the the 1949 Convention for the Suppres- link between trafficking and prosti- profession” can be exercised without sion of the Traffic in Persons and of tution is at the most tenuous, these interference.18 the Exploitation of the Prostitution of groups and countries contribute to The regulation of the prostitution Other.29 a separation between women who industry assists the state in its ambi- The legalization of prostitution “deserve” to be protected from seri- tion to supervise and control the local activities inevitably normalizes an ous human rights violations: the prostitution markets and the traffick- extreme form of sexual subordina- women who have been trafficked ing in women. A logical consequence tion and male violence, and reinforces across national borders under severe- of the idea that prostitution is “work” male dominance, not only over women ly abusive conditions, and women is the establishment of unions and and girls in prostitution, but over all who suffer the same atrocious viola- organisations, both for ”sex workers”19 females as a class. tions and extreme violence, but who and for the “prostitution customers”20, are in local prostitution. as well as business associations for LINKING TRAFFICKING One of the most important prere- the “prostitution entrepreneurs”. 21 AND PROSTITUTION quisites for the sale of and traffick- One supporter of the legalization of In recent years, pro-prostitution ing in women is the existence of local prostitution summarizes these argu- groups and countries where prosti- prostitution markets, where men are ments as follows: tution is regulated or legalized have willing and able to buy women from If states really want to get serious made many attempts to disconnect their own country. These markets are about protecting the human rights of trafficking in women and children easily expandable and there is always the hundred of thousands of women from prostitution and the prostitution room for the traffickers, pimps and trafficked throughout the world every industry. Because these groups argue procurers to create new demands. year, they should: repeal prostitu- for the right of women to “prostitute The demands of the buyers also tion-specific laws; utilize standard themselves”, and because these constantly shift and change. The men workplace regulations regarding countries have created a profitable who frequent the brothels, strip clubs, health safety, minimum wages, sick local prostitution market, they want massage parlours, escort agencies leave, retirement provisions to protect to redefine trafficking and leave out all and street corners want unlimited workers in the sex industry; enforce mention of prostitution. access to a varied supply of women existing laws against sexual assault, They suggest that trafficking and girls from different countries, false imprisonment, and other abu- should be given a broader definition, cultures and backgrounds. This con- sive practices; develop commission, in which all transport of “people” by stant demand for new merchandise is staffed by sex workers, to develop force or coercion over national borders what dictates the international trade in industry-specific regulations where should be included. By focusing only women and girls. If men did not take necessary; and support the establish- on the abusive conditions of traffick- for granted that they have the explic- ment of guilds or unions to advocate ing, which they see as human rights it right to buy and sexually exploit and ensure the protection of civil and violations, rather than on its purpose, women and girls, the trade in females human rights of sex workers.22 they effectively play down the violence would not exist. By emphasizing the alleged advan- of prostitution. I suggest that it is essential to our tages of legalizing prostitution and This reasoning is particularly faulty understanding of prostitution and perceiving prostitution as work and because the purpose of the recruit- trafficking as male violence against not male violence against women, the ment, transport, sale or purchase by women and girls, that we re-establish prostitution lobby is attempting to dis- traffickers, pimps, and members of the connections between these two tort the reality of prostitution. organized crime groups within coun- activities, and by doing that, refuse to The main beneficiary of the legali- tries or across national borders is, in participate in the marginalization and zation of prostitution is the global the overwhelming majority of cases, continuing violations of all prostituted prostitution industry, which includes to sell these females into the prostitu- women and girls. the countries that have regulated or tion industry. legalized prostitution. Furthermore, women and girls who BUYERS, PIMPS It should also be noted that any are trafficked for other purposes, such AND TRAFFICKERS country, which legalizes prostitution as domestic labour or as mail order When prostitution and trafficking are activities would be in breach of all brides often end up being sexually discussed we often focus, for obvious the major international human rights exploited and, in some cases, put into and good reasons, on the women instruments such as the Conven- prostitution. In fact, the actual exist- and girls who are the victims of these tion on the Elimination of All Forms ence of prostitution renders possible harmful practices. of Discrimination against Women and demands the trafficking and trade But what about the buyers? What (CEDAW)23, the Convention on the in women’s bodies. about the men who see it as their Rights of the Child (CRC)24 and its This reasoning also takes the seri- undisputed and unconditional right Optional Protocol25, the ICESCR26 and ousness out of trafficking in women to buy women and girls, treat them ICCPR27, as well as the Universal and children for purposes other than as sexual servants and subject them Declaration on Human Rights28 and prostitution. By maintaining that the to humiliating and painful sexual acts?

6 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 7 In the trafficking chain, they are the them see prostitution as work, or a instead we have to fight against the least discussed part. Men buy women way for them to liberate themselves. brutal lies that the prostitution indus- and girls for purposes of prostitution, They know better. None of these try supporters disseminate. Then they pornography, and as mail order brides women and children did ever consent will not succeed… and when they go on trips to other to be raped day after day by an unend- © Gunilla S. Ekberg 2002 countries as sex tourists. ing number of anonymous males. The focus is deflected away from We cannot dissociate prostitution FOOTNOTES the buyers for many reasons. Some from other forms of male violence 1 M. Farley and H. Barkan “Prostitu- pro-prostitution organizations argue against women and girls; nor from tion, Violence Against Women, and that buyers should not be punished the systemic subordination by males Posttraumatic Stress Disorder” because they assist women to escape of females in all countries around the (1998) 27 Women and Health 37. prostitution. Others maintain that men world. In a patriarchy, male violence 2 Susan Kay Hunter, “Prostitution is who buy women and girls for prosti- against females is one of the most Cruelty and Abuse to Women and tution purposes are victims as well, powerful tools used to keep women Children” (1993) 1 Michigan Jour- because they have difficulties attract- and girls in a state of oppression and nal of Gender and Law 91 at 94. ing women “the usual way.” slavery. This is most obvious for the 3 See for example: “Alberta (DIS) Contrary to the position held by the females that are the direct victims of Advantage: the Protection of Chil- prostitution defenders that prostitution male violence, but male violence also dren Involved in Prostitution Act and and trafficking should be separated, functions as a method to control all the Rights of Young Women” Work- males who buy women and girls in women’s and girls’ lives. shop, at the Women’s Resistance: prostitution do not care about this dis- Nor should trafficking be sepa- from Victimization to Criminalization tinction. They do not ask women and rated from prostitution. Most traffick- conference, October 1–3, 2001, girls whether they are in prostitution vol- ing is for the purposes of prostitution Ottawa, Canada. untarily or if they have been forced, or and sexual exploitation. Trafficking 4 See for example Whores, Maids whether they are local or were trafficked networks recruit, purchase and sell, and Wives: Making Links – Pro- into the country. They do not care if a transport nationally and over national ceedings of the North American female is over or under 18, but look for borders, and receive women and girls Regional Consultative Forum on the most vulnerable female. As a matter for the use in local and regional pros- Trafficking in Women in 1997: by of fact, many males who use girls also titution markets. the Global Alliance Against Traffic use adult women in prostitution. Now we are back to my initial ques- in Women - Canada. Some prostitution defenders argue tion: So who does benefit from the 5 ILO Press Release, August 19, that prostitution is part of female sexu- prostitution of women and children? 1998 (ILO/90/31). ality. This is a serious reversal of real- The prostitution industry globally is 6 Ann-Christine Sjölander, “Kom- ity. Prostitution has nothing to do with well-organized and has an apparent munen betalar Annekes älskare” female sexuality. On the contrary, it is economic interest in sustaining and in Kommunalarbetaren (1999) at an expression of male sexuality; kin to expanding its field of operation – in 14-18. + Personal conversation rape and other forms of sexual abuse. this country as well as in the rest of with Monika Smith, assistant to In prostitution, men use women’s the world. It and its supporters spread the Dutch National Rapporteur on and girls’ bodies, vaginas, anuses, their propaganda by glossing over the Trafficking in Human Beings, A.G. mouths for their sexual pleasures and as realities of women’s and girls’ lives in Korvinus, on May 27, 2002. vessels of ejaculation, over and over and prostitution and by promoting lies to 7 Melissa Farley, Isin Baral, Merab over again. Prostitution is not sexual lib- aid the normalization of a culture of Kiremire and Ufuk Sezgin “Prosti- eration; it is humiliation, it is torture, it is sexual exploitation, of rape. tution in Five Countries: Violence rape, it is sexual exploitation and should Prostitution is male sexual vio- and Post Traumatic Stress Disor- be named as such. Consequently, males lence. It is about men paying money der”: (1998) 8 F & P 405–426. who use women and girls in prostitution to other males for the use and abuse 8 See for example: the United are sexual predators and rapists. and torture of females. Prostitution is Nations Declaration on the Elimi- about men’s perceived right of access nation of Violence against Women CONCLUSION to female bodies at any time. G.A. res. 48/104, 48 U.N. GAOR Central to a Feminist analysis is listen- Instead of glorifying women’s lives in Supp. (No. 49) at 217, U.N. Doc. ing to, recording, and most important- prostitution, we must critically analyze A/48/49 (1993) –Recognizing that ly, believing, the experiences of real and resist the arguments of the pros- violence against women is a mani- women and girls. Instead of accepting titution defenders. We must also show festation of historically unequal uncritically the arguments of the pros- solidarity with those women who live in power relations between men and titution industry and its supporters, we and those who have survived this par- women, which have led to domina- must listen to, and believe, the women ticular form of male oppression. tion over and discrimination against and girls who have escaped prostitu- The solution to the atrocities com- women by men and to the preven- tion. They never argue that they chose mitted against these women and tion of the full advancement of to become “prostituted”. None of children is not “more of the same”; women, and that violence against

8 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 9 women is one of the crucial social the International Human Rights shall in particular take all appropri- mechanisms by which women are Law Group, the STV/Dutch Foun- ate national, bilateral and multilat- forced into a subordinate position dation and La Strada. eral measures to prevent: compared with men. 17 Tim Naumetz, “MP wants to legal- (a) The inducement or coercion of 9 L. L. Lim, The Sex Sector: The Eco- ize red-light districts ”The Ottawa a child to engage in any unlawful nomic and Social Bases of Prosti- Citizen (3 June, 2000). sexual activity; tution in Southeast Asia, (Geneva: 18 Bloc Québécois, De l’Anathème au (b) The exploitative use of children in International Labour Organization Dialogue : Rapport du Comité du prostitution or other unlawful sexu- 1998). Bloc Québécois sur la prostitution al practices; 10 Jackie Lynne, Street Prostitution as de rue (Montreal, Juin 2001). (c) The exploitative use of children in Sexual Exploitation in First Nation 19 See for example: Stichting De pornographic performances and Women’s Lives (Vancouver: Uni- Rode Draad, a Dutch organization materials; and versity of British Columbia 1998). that has as one of their objectives Art. 35: States Parties shall Aboriginal people comprise about to ”aim for recognition of prosti- take all appropriate national, bilat- 3% (~800,000 of a total of 28.5 tution as a profession and to the eral and multilateral measures to million people) of the total Cana- defend the interests of prosti- prevent the abduction of, the sale dian population according to tutes and ex-prostitutes.” http: of or traffic in children for any pur- Statistics Canada 1996 census //www.rodedraad.nl/. pose or in any form. numbers. 20 See for example: A Dutch pressure 25 Optional Protocol to the Convention 11 See for example Jayme Ryan, group called The Man/Woman and on the Rights of the Child on the “Legalized Prostitution: For Whose Prostitution Foundation (Stichting sale of children, child prostitution Benefit” (1989) July Sojourner: Man/Vrouw en Prostitutie), which and child pornography, U.N. Doc. The Women’s Forum 22. has as some of its aims to “pro- A/54/L.84 at 5 (2000). 12 See for example: Nikki, Hustler: tect the interests of clients” and 26 See for example: the Preamble: Min tid som prostitueret (Copenha- to “ make prostitution and the The States Parties to the present gen: Rosinante, 2000). use of services of prostitutes more Covenant, Considering that, in 13 Supra, footnote 7. accepted and openly discussible” accordance with the principles pro- 14 Special Committee on Pornography (from Trafficking in Women: First claimed in the Charter of the United and Prostitution (Fraser Commit- Report of the Dutch National Rap- Nations, recognition of the inherent tee): Pornography and Prostitution porteur (The Hague: Bureau NRM, dignity and of the equal and inal- in Canada (Ottawa: Department of 2002) at 116. ienable rights of all members of the Justice 1985). 21 See for example the Adult Enter- human family is the foundation of 15 In the Netherlands, brothels are legal tainment Association of Canada, a freedom, justice and peace in the since October 1, 2000. Local gov- group of club owners and agents world. Recognizing that these rights ernments provide business licenses striving to “police this industry and derive from the inherent dignity of and establish terms for the opera- uphold the highest standards pos- the human person. tion of brothels, such as cleanli- sible,” the Association of Relaxation 27 See for example: Art. 8: 1. No one ness, security and health controls Businesses (Vereniging Exploitant- shall be held in slavery; slavery and of prostituted women. Women must en Relaxbedrijven) and the Coop- the slave-trade in all their forms shall be over 18 to “work” in a brothel, erating Consultation of Operators of be prohibited. 2. No one shall be held and must have a valid working per- Window Prostitution (Samenwerk- in servitude; and Art. 26: All persons mit. In Germany, brothels are legal end Overleg Raamexploitanten) of are equal before the law and are enti- since April 1, 2001. Over half a mil- the Netherlands, and the Brothel tled without any discrimination to the lion persons are in prostitution in Owners’ Association of Victoria, equal protection of the law. In this Germany. From: “Germany Plans Australia. respect, the law shall prohibit any Pensions for Prostitutes” Reuters 22 Gillian Caldwell, “Decriminalization discrimination and guarantee to all (7 November 1998). In Australia, Would Limit Abuse” (1998) 1 Tran- persons equal and effective protec- Prostitution is legal in Queensland, sitions 1 at 2. tion against discrimination on any Victoria and the Australian Capi- 23 See for example: Art. 6: States ground such as race, colour, sex, tal Territory. New South Wales has Parties shall take all appropriate language, religion, political or other de-regulated brothels, which are measures, including legislation, opinion, national or social origin, now under planning laws. Tasmania to suppress all forms of traffic in property, birth or other status. and West Australia are discussing women and exploitation of prosti- 28 See for example: Art. 1: All human legalization, West Australia will not tution of women. beings are born free and equal in and the Northern Territory has not 24 See for example: Art. 34: States dignity and rights; and Art. 4: No yet legalized prostitution. Thanks to Parties undertake to protect the one shall be held in slavery or ser- Sheila Jeffreys for this information child from all forms of sexual vitude; slavery and the slave trade 16 Such as Global Alliance against exploitation and sexual abuse. shall be prohibited in all their forms. Trafficking in Women (GAATW), For these purposes, States Parties 29 In which prostitution was viewed as

8 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 9 State-Sponsored Prostitution

By Janice G. Raymond, Ph.D. ers in the role of major international zation of the whole sex industry – not Professor Emerita, University of players who facilitate global migration; only the women but the customers Massachusetts, Amherst (USA) military presence which generates sex and the pimps. The Coalition Against Co-Executive Director, Coalition industries in many parts of the world; Trafficking in Women (CATW) sup- Against Trafficking in Women and racial myths and stereotypes that ports the decriminalization of women (CATW) promote sexual exploitation on the in countries where women have been Internet. All of these are structural fac- criminalized for prostitution, because Globalization of the economy means tors that are responsible for the increase we believe that women should not be globalization of the sex industry, which in sex trafficking worldwide. But what punished for their own exploitation. becomes an industry without borders. the “root cause” advocates don’t want But we do not support the decrimi- Large and small scale trafficking net- to address is the role of State-sponsored nalization of the sex industry. works operate across borders, actively prostitution and its consequences, par- State-sponsored prostitution pro- recruiting girls and women, especially ticularly they relate to the increase in sex posals vary but in some countries, the from villages, city streets, and trans- trafficking worldwide. state licenses women who have peri- portation centers. Hotels, airlines, and We believe that State-sponsored odic health checks and pay health, charter companies, often with direct prostitution is one of the significant social insurance, and taxes. Pimp- and indirect government collusion root causes of sex trafficking. We ing is actually redefined with pimps and corruption, are involved in the call legalized or regulated prostitution becoming respectable business trafficking of women for, for example, State-sponsored prostitution because agents, as in Australia. Proponents of sex tourism. Global advertising, via the although legalized or regulated systems legalizing and decriminalizing the sex Internet, magazines, and tourism bro- vary, the common element is that the industry say these regulations would chures are also influential in the rise system of prostitution itself becomes stem the rampant violence and abuse of trafficking and sexual exploitation accepted and legitimated by the State. of women in the sex industry, the illicit worldwide. The term State-sponsored prostitution drugs and money laundering, while Trafficking depends upon globali- signals that in any of these legalized or keeping prostitution from spread- zation of the sex industry. Globaliza- regulated systems that recognize the ing. In reality, however, under any of tion of the sex industry means that sex industry as a legitimate enterprise, these State-sponsored systems, the countries are under an illusion if the State effectively becomes another sex industry grows larger, trafficking they think they can address traffick- pimp, living off the earnings of women increases, child prostitution expands ing without addressing prostitution. in prostitution. State-sponsored prosti- and more men go to the brothels and Yet, in many forums, we hear govern- tution is a provocative term, especially sex clubs because they no longer fear ments repeating the message that we in these days when the term is used in being caught in the act and stigma- must not talk about prostitution -- only the context of state-sponsored terror- tized as sexual exploiters of women. trafficking. ism. And it is meant to be provocative. In the United States, the Clin- State-sponsored prostitution is a form ton administration’s approach to the STATE-SPONSORED PROSTITUTION of state-sponsored sexual terrorism problem of trafficking was to publicly It is important to address the root causes posing as sexual and economic free- condemn trafficking but, in the inter- of trafficking. We hear a lot about dom for women. national policy debates over the UN women’s increasing poverty driving In the current national and interna- anti-trafficking protocol (2000), to women and children into situations of tional debates about the legal status side with governments such as the sexual exploitation; economic policies of prostitution, the language is very Netherlands in maintaining that pros- of international lending organizations confusing. Instead of using the term titution bears no relation to trafficking. that mandate structural adjustments legalization of prostitution, some indi- The Clinton administration supported in developing regions of the world viduals, agencies and governments and promoted NGOs that worked for forcing countries to cut back on social are stating that they support decrimi- the decriminalization of pimping and services and employment; repressive nalization of prostitution. What many brothels, and who promoted the policy immigration policies that cast traffick- mean by this, however, is decriminali- that prostitution should be regulated by

10 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 1 labor laws as a legitimate form of work. sector, it is important to keep a his- State. Out of this total, we interviewed In several meetings with NGOs, torical perspective. Some of the same 40 women who had been trafficked anti-trafficking representatives in the issues that we are now debating in the from other countries into the U.S. or current Bush administration say that prostitution context were historically U.S. women who had been domesti- they oppose the legalization of prosti- debated in the African slavery con- cally trafficked or in local prostitution. tution and that they will issue a policy text in western counties. For exam- In this U.S. study, we found that on prostitution. Nothing has yet been ple, rather than abolish the system higher numbers of U.S. women in local forthcoming and, unfortunately, anti- of slavery, there were those who seri- prostitution industries reported higher trafficking groups who oppose State- ously proposed to regulate slavery as incidence and frequency of violence sponsored prostitution have not been a business and as a state-sanctioned than did international women who had funded by the current administration. “economic sector.” Some countries been trafficked into U.S. sex industries. How countries address the legal wanted to regulate slavery by official For example, 86% of the U.S. women status of prostitution has an enor- inspection of the slave ships; some in prostitution reported that they had mous impact on the situation of traf- argued for standards of hygiene on been subjected to physical violence by ficking in these countries. Anti-traf- vessels carrying the enslaved from buyers, in contrast to 28% of interna- ficking advocates and legislators must Africa; some even argued a variation tional women who had been trafficked address prostitution as a root cause of on the forced/free distinction stat- from abroad (Raymond, Hughes and sex trafficking and not be silenced by ing that only if slaves had been kid- Gomez, 2000: 75–77). those who would insist that we must napped, not bought, should they be Although we estimate there was not speak about prostitution in govern- returned to Africa (Thomas, 1997). underreporting of violence by the mental or non-governmental forums Portugal regulated conditions in the internationally trafficked women due on trafficking. Many governments and slave trade by restricting the provi- to many reasons, nonetheless both NGOs have capitulated to the censor- sion of food and water to slaves, and our studies indicate that women in ship imposed on those participating in the duration of the slave ship voyages. local prostitution industries experi- international forums where pressure is And many argued that slaves in North ence similar kinds of violence as inter- exerted on them not to mention pros- America “better off as slaves than as nationally trafficked women, and are titution, but only to talk about traffick- freemen” (Thomas, 1997: 518). subjected to the same if not higher ing, as if this were even possible. And Are we going to maintain that traf- frequency of violence. And this is the make no mistake about this silencing ficking in women is a horrendous point. We cannot separate the exploi- tactic – it is a form of censorship. violation of women’s human rights tation done to women in local prosti- when the same violence, exploitation tution industries from the exploitation CONNECTIONS BETWEEN and health consequences happen to done to women who have been traf- TRAFFICKING AND PROSTITUTION women who are in local prostitution, ficked for prostitution. Much national legislation that now many of whom have been domesti- The second study, which was a exists against pimping, procuring and cally trafficked from neighborhood 5–country study, interviewed 145 living off the earnings of a prostitute to neighborhood, city to city, state to victims of international trafficking, came into existence during the 1950s, state, and province to province? Do domestic trafficking, and local systems a testimony to the importance of the we really want to ratify the notion that of prostitution in Indonesia, the Philip- 1949 Convention for the Suppres- commercial sexual exploitation is only pines, Thailand, Venezuela and the sion of the Traffic in Persons and of actionable when it happens to women United States. Here we also found that the Exploitation of the Prostitution of who have been trafficked into a coun- the data clearly indicates that a signifi- Others. In the aftermath of the 1949 try and not within a country? Also, cant number of both women who have Convention, prostitution was viewed many internationally trafficked women been internationally trafficked, as well as more akin to slavery than to labor. have been in local prostitution in their as those who have been domestically But in the last twenty-five years, we countries of origin before or after they trafficked and who are in local prostitu- seem to be going backwards to a are trafficked to another country. tion industries, endure similar kinds of public policy based on a labor model Whether it’s local or international violence (e.g., 80% of all women inter- of prostitution and international sex trafficking, women endure the same viewed suffered physical violence from trafficking, where both are being kind of violence and harm. Proof of this pimps and buyers) and endure similar redefined as sex work, or as migra- comes from women themselves. The and multiple health effects from the tion for sex work; where distinctions Coalition Against Trafficking in Women violence and sexual exploitation Ray- are created between forced and has completed two major studies on mond, D’Cunha, Ruhaini Dzuhayatin, free prostitution; and where consent sex trafficking in 5 countries: Indo- Hynes, Ramirez Rodriguez, and San- rather than exploitation becomes the nesia, the Philippines, Thailand, Ven- tos, 2002: 60–74). foundation and focus of legislation on ezuela and the United States. trafficking and prostitution. In the first CATW study, funded by CONSEQUENCES OF STATE-SPON- As we confront this movement the U.S. Department of Justice, we SORED PROSTITUTION to regulate prostitution and institu- interviewed 128 individuals who had Those who have a stake in the sex tionalize it as a legitimate economic knowledge of trafficking in the United industry will never argue that they

10 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 1 are promoting sexual exploitation. try now accounts for 5 percent of the industry in the Netherlands and Ger- They will use inventive arguments Netherlands economy (Daley, 2001: many. But we need a systematic study to convince people that they are 4). Over the last decade, as pimping of why certain countries are rushing protecting women from harm, or became legalized and brothels more towards legalization, what the eco- promoting women’s human rights to tolerated in the Netherlands, the sex nomic benefits are to them, and what “choose” what they want to do with industry expanded 25 percent (Daley, the consequences of State-sponsored their bodies. 2001: 4). At any hour of the day, prostitution are in various areas of the I was asked to testify last March women of all ages and races, dressed world. I think that this is one of the as an expert witness at a legal trial in hardly anything, are put on display in most important areas of research that in Vancouver, Canada. The defend- the notorious windows of Dutch broth- needs to be undertaken today – that ant was challenging the illegality of els and sex clubs and offered for sale the claims of state-sponsored pros- brothels in Vancouver by claiming that -- for male consumption. Women in titution, especially the claims that it the “bawdy house” provisions of the prostitution point out that legalization protects women, controls the indus- Criminal Code were overly broad and or decriminalization of the sex industry try, and decreases trafficking – must therefore unconstitutional. He argued cannot erase the stigma of prostitution be scrupulously and systematically that he was not setting up a brothel but, instead, makes women more vul- examined. but rather a “safe house” for street nerable to abuse because they have to women in prostitution by helping to register and lose anonymity. Thus, the EXAMINING THE ARGUMENTS get women off the streets into a con- majority of women in prostitution still IN FAVOR OF STATE-SPONSORED trolled and “protected” environment choose to operate illegally and under- PROSTITUTION where they could conduct their “busi- ground, with many seeking the so- A much-used argument is that ness” and serve their “clients” without called “protection” of pimps (Daley, recognizing and regulating the sex fear of violence and exploitation. 2001: 4). Some Members of Parlia- industry would reduce HIV/AIDS. I testified that he was setting up ment who originally supported the Some governments, NGOs and even a brothel under a new name; that legalization of brothels on the grounds UN agencies such as the World alleged distinctions between street that this would liberate women are Health Organization (WHO) in South- and brothel prostitution are illusory now seeing that legalization actually east Asia, are promoting the view that as indicated by studies demonstrat- reinforces the oppression of women legalization/decriminalization of the ing that women in prostitution suffer (Daley, 2001: 4). sex industry would reduce the harm to similar kinds and rates of violence In countries that have taken a labor women, especially in Asian countries whether on the street or in a brothel; approach to prostitution regulating/ where HIV/AIDS poses a major threat that prostitution is harmful to women legalizing it as work, recognition of the to health and well-being. whether it occurs in a private venue, a sex sector has caused prostitution to Most often, however, the State reg- massage parlor, a sex club, a brothel flourish more than when it was illegal. ulates the sex industry by only regu- or on the street; and that the purpose There is good evidence that countries lating the women – not the men who of the anti-brothel legislation is to pre- such as Holland and Germany, both are the prostitute-users. Legalization/ vent the exploitation of women. The of which have recognized prostitution decriminalization is usually accompa- violence that women are subjected as work and as an economic sector, nied by health checks for women in to in prostitution is an intrinsic part are precisely the countries that have prostitution. Who do health checks of the sexual exploitation, no matter higher rates of women illegally traf- really protect? If the goal is really to where it occurs. ficked into the country for prostitu- protect women in prostitution, it would In the state of Victoria in Australia, tion. For example, a report done for be a State regulation that all male cus- those who promoted legalization of the governmental Budapest Group tomers must be checked and certified prostitution argued that it would solve found that 80% of the women in to enter the brothels. problems such as criminal involve- the brothels in the Netherlands are It is an ineffective way to fight HIV/ ment in the industry, unregulated from other countries – most of them AIDS by targeting women for health expansion and the violence done to recruited and trafficked to Holland checks in prostitution industries. A women in street prostitution. In fact, (Budapest Group, 1999: 11). As early more sensible anti-AIDS program legalization has solved none of these as 1994, the International Organiza- must target the group who engages problems and has led to many more tion of Migration (IOM) stated that in in the most unhealthy and high-risk (Sullivan and Jeffreys, 2000). I am the Netherlands alone, “nearly 70 per behaviors – men who buy sex. Men sure that Sheila Jeffreys will address cent of trafficked women were from spread most HIV. The most recent these issues in her talk about the con- CEEC [Central and Eastern European data on the prevalence rates and geo- sequences of legalization of prostitu- Countries]” (IOM, 1995: 4). graphical and gender-specific spread tion in Australia. We have a preliminary study of the of this modern-day plague reveal that Contrary to claims that legalization consequences of legalization in Aus- ”men drive the AIDS epidemic” by and decriminalization would control tralia. We have newspaper accounts their self-interested sexual promiscu- the expansion of the sex industry and of the problems generated by legali- ity (Hynes and Raymond, 2002). The bring it under control, the sex indus- zation and decriminalization of the sex epidemic in HIV/AIDS among women

12 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 3 is driven, in particular, by male use of SPECIFIC WORK TO BE DONE Convention, recognize prostitution prostitutes and infected men’s trans- 1 Put back prostitution on the policy as work, or as an economic sector, mission of the virus to their wives, sex- agenda - We are facing a public since labor laws entail administra- ual partners, and sexual prey. Women policy crisis over legalization/ tive recognition, control and regu- and girls, consequently, are contract- regulation of prostitution. Govern- lation of prostitution. ing HIV primarily from men and at a ments which have rejected this The 1949 Convention is one of faster rate than men and boys (Fore- false solution of State-sponsored the few UN Conventions that does man, 1998: B1). Yet the fashionable prostitution and have chosen to not have a monitoring or enforce- solution to what is really a male prob- address prostitution as a violation ment mechanism. It needs to be lem is simply to give women condoms of women’s human rights are in strengthened with a monitoring to give to men! a key position to create forums committee that would aid in its Ultimately, ”safer sex” and con- and model regional legislation in enforcement, e.g., to investigate dom use programs insure a healthier which prostitution is put back on whether countries that have rati- supply of prostituted women for male the policy agenda. We particu- fied the Convention are complying buyers. They allow brothel owners to larly need a research initiative that with its provisions. And, it needs to cast out infected women and bring in would include a full-scale and be ratified by more countries. a fresh stock of female bodies. systematic study of the claims and 3 Use the New UN Protocol and Its Many men who act recklessly consequences of state-sponsored Definition of Trafficking for new or in their sexual lives and engage in prostitution in various regions of enhanced national or regional leg- habitual prostitution are not doing so the world with adequate funding to islation against trafficking. Insure because they lack information about insure that such an investigation be that the UN Protocol Against Traf- condoms, but rather because they thoroughly managed and properly ficking in Persons is correctly inter- lack intimacy, emotion, and a sexual researched. preted. identity based on gender equality and 2 Promote ratification of and a moni- Although we have a new UN a sense of justice. toring and enforcement mecha- anti-trafficking Protocol, we must The sex industry is now seeking nism for the 1949 UN Convention work to insure that it is interpreted legitimacy and is using condom pro- for the Suppression of the Traffic correctly and that it is used as a motion as a public relations campaign in Persons and of the Exploitation basis for new European, regional, to polish its reputation. However, often of the Prostitution of Others. The and multi-regional legislation. when NGOs are allowed to distribute provisions of the 1949 Conven- Among its other provisions, the condoms in brothels or other prostitu- tion remain unknown to the public new UN anti-trafficking protocol tion venues, it is the brothels – not the at large, to governmental repre- insures that all victims of traffick- women – that receive them directly. sentatives and even to States that ing in persons are protected, not NGOs who do distribute condoms to have ratified this Convention. Many just those who can prove force women are also restricted in what they NGOs who work at the grassroots (Art. 3a and b); and that the con- can mention to women in prostitution. level to assist victims of trafficking sent of a victim of trafficking is For example, HIV educators in Bom- and prostitution are also unaware irrelevant (Art. 3b). The definition bay reported that they were only given of its provisions. To this day, how- provides a comprehensive cover- permission to enter the prostitution ever, the 1949 Convention remains age of criminal means by which areas when they agreed to the brothel a powerful tool uncompromis- trafficking takes place, including keepers’ directives that they not dis- ingly condemning the exploitation not only force, coercion, abduc- cuss “social issues” or alternatives to of prostitution (See Marcovich, tion, deception or abuse of power, prostitution, and ignore the rampant 2002). but also less explicit means, such child prostitution in the sex districts However, even countries that as abuse of a victim’s vulnerabil- (Friedman, 1996: 4). have ratified the 1949 Convention ity (Art 3a), thus helping to insure CATW is not against condom dis- in some cases are violating what that victims of trafficking will not tribution, but rather maintains that they have ratified. For example, bear the burden of proof (Art 3b). we need to do far more to prevent ratifying States Parties that legal- Although prostitution and traffick- prostitution and to truly empower ize and/or regulate prostitution, or ing are not equated, the Protocol women already in prostitution, by that recognize prostitution as work, acknowledges that much traffick- creating viable and financially sus- or that criminalize persons in pros- ing is for the purpose of prostitu- tainable alternatives; and by encour- titution, are in violation of Article 6 tion and for other forms of sexual aging, enabling and requiring men to of the Convention. Articles 6 states exploitation (Art 3a). This Proto- change their behavior. A more ethical that ratifying Parties must “repeal col is the first UN instrument to and effective public health response or abolish any existing law, regu- address the demand which results would promote the health and safety lation or administrative provision” in women and children being traf- of women within the sex industry, at used to register women in pros- ficked, calling upon countries to the same time that it works to disman- titution. Countries therefore can- take or strengthen legislative or tle the sex industry. not, if they have ratified the 1949 other measures to discourage this

12 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 3 demand that fosters all forms of “sexual services.” This new pro- NGOs and governments who are exploitation of women and children hibition, part of a larger Violence serious about addressing the prob- 1) (Art. 9.5) (See Guide to New UN Against Women bill, declares that lem of trafficking in creative ways Trafficking Protocol, www.catwinte prostitution is not a desirable social that help prosecute traffickers, rnational.org) phenomenon and lifts all penalties prevent trafficking and protect the Unfortunately, there are some against the women in prostitution. victims, and who refuse to separate governments and NGOs who want It clearly views prostitution and all the exploitation of prostitution from only to emphasize the provisions of forms of violence against women as the exploitation of trafficking. the Protocol that suit them. There an obstacle to women’s equality. It We have a real chance to launch are some governments and NGOs is one of the first pieces of legis- similar legislation in other countries who continue to focus only on lation to address the demand for of the Nordic region. Countries forced trafficking. They ignore/ prostitution by targeting the men should consider serious collabora- misrepresent/deny the fact that who purchase so-called sexual tion with legislators and law enforce- trafficking can occur with or with- services. The Swedish legislation ment officials in Sweden to under- out the consent of the victim, and also includes resources for women stand and possibly implement such that this is now a point of UN pol- in the sex industry so that they a legal regime in their own countries icy and legislation on trafficking. have meaningful options and alter- and avoid knee jerking to state- They quote only part of the defi- natives to prostitution. sponsored prostitution. I would hope nition of trafficking – that which This law gives all of us work- that out of this conference, women emphasizes force or coercion ing against the legal acceptance of from other countries would estab- – and recommend that only this prostitution great hope. On behalf lish task forces to study the Swed- part be used in drafting national of the Coalition Against Trafficking ish legislation and seriously consider and regional anti-trafficking leg- International and the International how it can be promoted and imple- islation. Human Rights Network of NGOs mented in other countries. We need For example, the Global Alli- who work against the sexual exploi- NGOs and governments to work on ance Against Trafficking in Women tation of women and children, I the dissemination of this viewpoint (GAATW) in conjunction with the would like to take this opportunity within women’s groups, the EU, the International Human Rights Law to express our appreciation for the UN and international organizations. Group states on its web page that way in which the government of We need a policy of zero tolerance “If a government insists on using Sweden has worked internation- of prostitution. language such as ‘sexual exploita- ally against male violence against tion’, we should encourage them women including prostitution and 1) There were some provisions to use the following definition trafficking in women and children. exacted from the final compro- [suggested by the NGO] so that Sweden’s Law that Prohibits the mise over the definition, especially sexual exploitation, like any other Purchase of Sexual Services, and by countries that legalize/regulate form of labor exploitation, requires that penalizes the buyers, is one prostitution. However, these points 2) the use of force or coercion…” of the first pieces of legislation to were relegated to the “travaux This message is in direct contra- address the demand factor and preparatoires” (notes that will be diction to the definition in the Pro- put the onus where it belongs – on used in interpreting the Protocol), tocol which states that trafficking those who promote prostitution and are not placed in the text of for the exploitation of prostitution and trafficking. the Protocol itself. These notes and other forms of sexual exploi- We congratulate, in particular, include a reference that the phrase tation can occur not only under the courageous work of Minister “abuse of a position of vulnerability conditions of force or coercion but for Gender Equality, Margareta is understood to refer to any situa- through abuse of a victim’s vulner- Winberg, and her staff for the tion in which the person involved ability. Clearly, the pro-sex work way in which they have helped to has no real and acceptable alter- lobby is resorting to blatant misin- change the international discus- native but to submit to the abuse terpretation of the actual trafficking sion of prostitution and trafficking. involved.” Another note indicates protocol in the aftermath of having It is nothing short of remarkable that “The Protocol is without preju- lost a key international battle over that, whereas 5 years ago, many dice to how States Parties address the definition of trafficking. countries in Europe and elsewhere prostitution in their respective 4 Address the Demand for Prosti- who were poised to legalize prosti- domestic laws.” tution – Sweden’s new Violence tution are now at least questioning Against Women bill provides a the wisdom of this approach. 2) This information can be found model for future policy and legis- I would also like to congratulate on the web pages of Global Alli- lation on prostitution. As many of Gunilla Ekberg who is the coordina- ance Against Trafficking (GAATW) you know, Sweden has enacted tor of the Nordic-Baltic Campaign at www.inet.co.th/org/gaatw or of groundbreaking legislation to pro- Against Trafficking in Women. This the International Human Right Law hibit the purchase of so-called campaign serves as a model for Group at www.hrlawgroup.org

14 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 5 REFERENCES Jael Silliman and Anannya Bhattach- ce. N. Amherst, MA: Coalition Against arjee. Boston: South End Press. Trafficking in Women. Available at Budapest Group. (1999, June). The http://www.catwinternational.org Relationship Between Organized Crime IOM (International Organization for and Trafficking in Aliens. Austria: Inter- Migration). (1995, May). “Trafficking Raymond, Janice G., Jean d’Cunha, national Centre for Migration Policy and Prostitution: the Growing Exploi- Siti Ruhaini Dzuhayatin, H. Patricia Development. tation of Migrant Women from Central Hynes, Zoraida Ramirez Rodriguez and Eastern Europe. Budapest: IOM and Aida Santos. (2002) A Compara- Daley, Suzanne. (2001, August 12). Migration Information Program. tive Study of Women Trafficked in the “New Rights for Dutch Prostitutes, Migration Process: Patterns, Profiles but No Gain.” New York Times, pp. Marcovich, Malka. (2002). Guide and Health Consequences of Sexual A1 and 4. to the UN Convention of 1949. N. Exploitation in Five Countries (Indone- Amherst: MA: Coalition Against sia, the Philippines, Thailand, Venezu- Foreman, Martin. (1998, Novem- Trafficking in Women. Available at ela and the United States). (2002). ber 28). ”A Global Epidemic Driven http://www.catwinternational.org Funded by the Ford Foundation. N. by Men Puts Women at Risk.” The Amherst, MA: Coalition Against Traf- Gazette, Montreal, p.B1. Raymond, Janice G. (2001). Guide ficking in Women (CATW). Available at to the New UN Trafficking Pro- http://www.catwinternational.org Friedman, Robert I. (1996, April 8). tocol. N. Amherst: MA: Coalition “India’s Shame: Sexual Slavery and Against Trafficking in Women, Euro- Sullivan, Mary and Jeffreys, Sheila. Political Corruption are Leading to pean Women’s Lobby, MAPP, AFEM (2001). Legalising Prostitution is Not an AIDS Catastrophe.” The Nation, and Article Premier. Available at the Answer: the Example of Victoria, pp. 1-11. http://www.catwinternational.org Australia. Coalition Against Trafficking in Women, Australia and USA. Available Hynes, H. Patricia and Janice G. Raymond, Janice G., Hughes, Donna at http://www.catwinternational.org Raymond (2002). “Put in Harm’s M. and Gomez, Carol A. (2001). Sex Way: the Health Consequences of Trafficking of Women in the United Thomas, Hugh. (1997). The Slave Sex Trafficking in the United States.” States: Links Between International Trade: the Story of the Atlantic Slave In Policing the National Body: Race, and Domestic Sex Industries, Funded Trade: 1440-1870. New York: Simon Gender, and Criminalization. Ed. by by the U.S. National Institute of Justi- & Shuster.

14 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 5 The Position of the Spanish Government on Prostitution: the Debate on Prostitution in Spanish Society

Rosario Carracedo Bullido, regulate the crimes in question. This of democracy. With the change of Lawyer, Comisión de Investigación in turn called for the introduction of regime and political and social values de Malos Tratos a Mujeres, España specific rules defining typical con- that followed on the death of Franco (Commission of Inquiry into the duct, making a special penal provi- at the end of 1975, Peligrosidad y Abuse and Mistreatment of Women, sion necessary. This was enacted by Rehabilitación Social ceased to be Spain). Decree on 24 January 1963, and the applied in practice and was subse- Penal Code in force at the time was quently repealed. Thus between the The object of my intervention here is to modified accordingly. end of the 1970s and 1995, Spanish elucidate the position of my country on Thus in 1963, all forms of pro- legislation was in line with our commit- the question of prostitution in terms of curing, that is the prostitution of oth- ments to the international community the legislative and legal provisions cur- ers, as defined in the UN Convention as established by Spain’s ratification rently in force, and to outline the main of 2 December 1949 were incorpora- of the 1949 Convention. themes of the debate on this issue ted into our Penal Code and thereby However, this period was only to now unfolding in Spanish society. became subject to Spanish criminal last some 15 years: in 1995 the situa- Since the beginning of the 20th law. tion changed once again. century, Spain’s ideological position In effect it became a punishable In that year, a new Penal Code externally, i.e. vis à vis the internatio- offence to organise, promote, encou- was drafted by the Spanish Socialist nal community, has followed – osten- rage, exploit or maintain the prostitu- Labour Party Government. The draft sibly – the abolitionist line. However, tion of others, that is to say to derive was approved by the Penal Code Act this statement is not wholly accurate; it economic benefit from the prostitution of 23 November 1995 (Ley Orgánica must be further qualified and defined of third parties whether or not this was 10/95, de 23 de noviembre del Códi- since internal factors, namely our laws done with their consent. go penal). and ordinances, are not consistent Similarly, it was made a criminal This enactment, which represen- with abolitionist principles. Clearly, our offence to knowingly maintain, rent or ted a clean break with Spain’s abolitio- internal policy guidelines in this area operate a bar, sauna or hotel or buil- nist tradition and marked the introduc- have been erratic and contradictory. ding or any premises or part thereof tion of an essentially new approach to In 1904 Spain ratified the Interna- for the purpose of prostitution. crimes relating to prostitution, once tional Agreement for the Suppression Thus in the eyes of the internatio- again violated the basic, essential of the White Slave Traffic. We would nal community Spain was a country in principles underlying the abolitionist subsequently endorse the Internatio- favour of abolition. position and by extension the Con- nal Convention for the Suppression of But as I pointed out at the start of vention of 2 December 1949. the Traffic in Women in Paris in 1910, my address, this statement is in need What grounds do I have for this and the 1949 UN Convention for the of qualification and more precise defi- statement? Suppression of the Traffic in Persons nition. The new Penal Code only penalises and the Exploitation of the Prostitution Although procurement was penali- coercive procuring, that is procuring of Others. sed, internal legislation in the form of practised without the consent of the We formally declared our adhe- a special law entitled Peligrosidad y prostituted person, in which recourse rence to this last agreement on 18 Rehabilitación Social (Risk and Social is had to physical force, psychological June 1962. Rehabilitation Act) made prostitution pressure, threats, abuse of a dominant The mechanism for transposing itself a criminal offence. Although position, etc. international law into our legal sys- apparently an advocate of abolition, This is in contravention of Article tem and legislation requires that the Spain, by virtue of this enactment, was 1 of the International Convention, international provision concerned be in practice a prohibitionist country. which states that Parties agree to published in the Official State Gazet- This contradiction between our inter- “punish any person who procures, te. This was duly done on 25 Septem- national commitments and our inter- entices or leads away, for purposes ber 1962. Moreover, adherence to the nal laws continued more or less until of prostitution, another person, even Convention entailed an obligation to the end of dictatorship and the advent with the consent of that person,” or

16 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 7 “exploits the prostitution of another It is a curious freedom because 4) Short-term objectives: Every asso- person, even with the consent of that those who defend it so vigorously do ciation member must display a sign person.” not in fact want it for themselves, their at the entrance to its premises, This change in our internal legisla- children, their wives, or their sisters or identifying the operator and acting tion has had far-reaching consequen- female friends. as a label of quality vis à vis the cli- ces, ideological as well as practical. It is a curious freedom because it ent. We want to encourage promo- A small number of feminist organi- is advocated and advanced on behalf tional activities aimed at publicising sations tried to prevent the introduc- of others. I have now stopped being the benefits to the client of ANELA. tion of this new penal provision, but polite about it and when charged A medium-term objective is the were unsuccessful. We met and spoke with hostility to the idea of freedom establishment of the ANELA Sani- to Socialist Deputies and attempted to I usually ask its supporters whether tary Card. This will include details mobilise public opinion, but were not they are prepared to encourage their of the medical record of each work- listened to. children, brothers and sisters, wives, er, thus ensuring a faultless system This ideological about-turn, this etc. to exercise it. I have found that for monitoring and controlling every shift in values and options in relation not only do they not encourage their detail of the operation. to the phenomenon of prostitution had family members and relatives to do, already been apparent during the par- they are also highly offended at my Explicit as these objectives are, their liamentary debates on the issue. suggestion. significance should be expressly sta- The new provision, and the de- By de-criminalising procuring, or, ted. In their own words: penalisation of procurement, were to put it another way, by punishing only “Prostituted women will be offered concealing the aspirations – gradually those procurers who use coercion, the for sale like any other consumer pro- but vigorously gaining ground in my reform of the Penal Code has greatly duct: healthy, clean, and carrying a country – to regulate prostitution. encouraged the expansion of organi- quality guarantee for the benefit of the During discussions in the legisla- sed procuring. ‘prostitutor’ as well as a use-by date.” ture of the new approach to criminal Although there was prostitution in This increase in procuring activity offences relating to prostitution, the my country in the past, the number of would have been impossible without Socialist Deputy who spoke for the sentences passed against those who the current Penal Code. reform advanced it as an ideological organised prostitution was consistent- The political parties, whether on argument designed to justify and legi- ly high. The sentencing rate has now the right or on the left, are extremely timise the change of policy – the right fallen appreciably. reluctant to engage in a debate on pro- of free sexual self-determination. His From a transit country for prostitu- stitution. They only want to talk about arguments were accepted. ted women, Spain has now become a trafficking. This perverse expression: “the country of destination. To talk about trafficking is humane. right of free sexual self-determina- The exploitation of prostituted The methods used by the prostitution tion” ostensibly refers to prostituted women is now big business. It is not mafia are an affront to the community persons. In reality, however, it can only unusual to see sex hypermarkets in vil- and to our consciences. And to talk apply to the ‘prostitutor’, i.e. the client, lages of less than 1,000 inhabitants. about trafficking does not create pro- since the only one who is exercising Procurers have formed a national blems with the electorate, at least not his/her sexual freedom is the person organisation, ANELA, legally registe- major problems. who uses the service, the consumer. red with the Ministry of Employment. But to discuss prostitution and pos- Advocacy of this ideological ratio- They refer to themselves as “sex entre- sible solutions to the problem does. nale, “the right of free sexual self- preneurs.” Their website is open to all, In many of our cities the size and determination” in relation to prostitu- and their objectives are very explicit. number of areas where prostituted tion, is nothing more than an attempt Let me read some of them to you: bodies are on public display to pro- to establish, defend and vindicate a spective clients is growing rapidly. new freedom: “the right to prostitute Objectives of the association: This creates tensions in the respective oneself.” 1) To improve the status – to dignify neighbourhoods as local shops and When we embrace or wish to our activities (they refer to their businesses are frequented less and achieve a spurious, false or adultera- commercial operations); less and property values decline since ted objective a proven tactic is to dress 2) To identify our premises with dis- no one wants to live in a ‘red-light’ up our objective in words like ‘right’ or tinctive logos, devices or emblems district. ‘freedom’. which serve as guarantees to the This development in turn creates Invoking the freedom to prostitute client of quality of service; tensions between citizens and their oneself is a highly effective tactic. 3) To report and otherwise oppose ille- politicians, who are facing demands to The argument is much in vogue in gal competition, operations carried put a stop to the situation. The easiest my country at present. Wherever I go on in the streets or on inadequately way to deal with a problem is simply I meet welfare workers who appeal to equipped premises that cannot not to see it. What cannot be seen is the right, the freedom, to prostitute guarantee professional service, invisible. What is invisible does not oneself. safety, cleanliness or hygiene; concern us and cannot change us.

16 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 7 An increasingly favoured policy ptas 17,500 to cover the expenses of responsibility associated with that proposal – one which has been gathe- publishing our political manifesto in person’s conduct and comportment. ring influence and adherents – is a the media. The articles in the 1995 Penal return to a system where prostitution The purpose of this initiative is to Code dealing with offences relating is only permitted in licensed brothels. stimulate debate with members of the to prostitution is illegal insofar as it It is this policy that is being implemen- public, in which we can explain, wit- contravenes commitments to the ted through ordinances and by-laws hout ambiguity or equivocation, our international community entered into at local, municipal and in some cases commitment to the abolitionist cause, by our country in virtue of our ratifica- regional level. including the basic feminist, ethical tion of the terms of the Convention of Effective proselytisation of organi- and political principles underlying the 2 December 1949. sed procuring, the arguments deploy- abolitionist position. Spanish penal law should condemn ed by advocates of regulation – the We also want to bring to the atten- the behaviour of prostitutors and the freedom to prostitute oneself and the tion of the politicians concerned purchase of sexual services should be rights of prostituted persons – readily our aversion to their regulatory poli- made a punishable offence. permeate the social fabric, influence cies and warn them that we intend the community and dispose its citi- to denounce any political party that zens towards greater regulation. includes in its election manifesto pro- In my country, abolitionist posi- posals to regulate prostitution. These tions are maintained by a minority and are practices that reaffirm and reinfor- almost exclusively by feminist organi- ce our social inequality and legitimise sations like mine, although there are the consumption of women’s bodies. also women’s organisations that advo- I spent this last weekend at a cate for a regulatory approach. National Congress of Women Lawy- A group of organisations, of which ers where our abolitionist theses were mine is a member, has recently laun- approved. I would like to share some ched a campaign entitled Political of these with you: Manifesto for the Abolition of Prosti- The term ‘client’ or ‘user of the servi- tution. ces of prostituted person’ should be We have begun collecting signa- replaced by the term ‘prostitutor’ as tures; however we also need to raise a more accurate designation of the

18 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 9 Debates on Prostitution Legalization in the Russian Federation

By Marianna Solomatova, Develop- 1. DEBATES ON THE The situation with human traf- ment Director for the Angel Coali- POLITICAL LEVEL ficking in Russia is very complicated: tion, an anti-trafficking coalition of • The Union of Rightists Forces propo- Russia is a sending, receiving and 43 NGO’s in Russia and the Com- ses to legalize prostitution. Is it a seri- transit country for human traffick- monwealth of Independent States. ous legislative initiative for prostitution ing. Sending for most of the countries problem resolution or a PR-action? of Western and Southern Europe, INTRODUCTION The question of prostitution legali- USA, Australia and others, transit I am going to tell you what is going on zation has been raised in the Russian and receiving country for the former in Russia today around the problem Legislative Assambly (the State Duma) socialist republics, such as Ukraine, of prostitution; in politics, in civil before every coming election. Today this Moldova, Byelorussia, Georgia, Azer- society among the NGO community idea belongs to the party called Righ- baijan, Kazakhstan and others. Unsa- and common people. Prostitution tists Forces Union (SPS)3 and two of tisfactory economical conditions after was legal in Russia in the beginning its representatives, deputies Andrey Vulf the collapse of the Soviet Union make of the XX century before the Socialist and Alexander Barannikov. These two people from these republics search Revolution. After the revolution the deputies are young men, with a back- for a better life in Russia. A lot of Bolshevik government decided that ground in show business and probably women from other republics and Rus- this should be banned and today pro- know well how to make a show out of sia come to large cities like Moscow, stitution is illegal (an administrative such a hot topic as prostitution to pro- try to settle down and often are drawn offence subject to fines). But as in all mote their names. Not all the party’s into prostitution if they fail to. Today countries nowadays the sex industry representatives support this idea and there are up to 15 000 prostitutes in has been growing very fast in the last the party’s leadership is wisely silent Moscow, most of them are not Mos- several years. about it. Although the information about cow citizens. An estimated daily tur- The Ministry of Interior Affairs legalization was available on their official nover of all the Moscow sex industry states a sharp rise in crimes connec- web-site.4 SPS party has an image of a is more then half a million US dollars ted with prostitution and pimping. youth party with progressive views and and more then $182 millions annually.5 According to the Chief office of MVD the topic perfectly suits their political Of course the government is interes- of the Russian Federation (RF), 30 platform. Now it is still hard to say if this is ted in adding parts of those profits to 000 persons have been penalized just PR methods or a serious platform. the state budget and this is one of the (subject to fines) for prostitution, major arguments for those who want 145 persons were subject to criminal • The hearings on legalization are plan- to legalize prostitution. proceedings for brothel organization ned for this year’s autumn session. Legalization has a lot of supporters and running. Around 20 organized on the governmental level and in the criminal groups were discovered The hearings on prostitution legaliza- circles of highly respected people. operating on the territory of the RF tion was set up to the Autumn Duma The Chief venereologist of the Rus- whose activity was connected with session. The positive moment for sian Federation, Anna Kubanova, prostitution, where rapes, murders, Russia is that in the same session supports legalization saying it would facts of drug distribution are very a new legislation against trafficking reduce STD levels. She claimed that frequent.1 A growing involvement of will be discussed. Now it is under every third prostitute in Russia is minors into prostitution alarms and development. The bad side of it is that infected with syphilis. Will there be causes concern of all progressive prostitution may be legalized under the medical check for legal prostitutes society, especially after adoption of excuse of trafficking elimination, being and their clients? Who and how will a new legislation that brought the assessed as a reason of trafficking conduct those checks? And how is age of minority down to 14 years existence. But I think legalization will the desease level supposed to be old from the previous 18. 2 Of course not only increase the sex industry sec- reduced if world experience shows these consequences of prostitution tor, but also increase trafficking both that with legalization the illegal sector are also a fertile ground for pro-lega- from Russia, within its borders and boosts immediately? These questions lization arguments. into Russia. have no answer yet.

18 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 1 9 Moscow Region Police, Some Mayors not to listen to public opinion, taking ve steps to draw the attention of the and local governments also sup- their own decisions and therefore Governmental Bodies to this report. port legal prostitution claiming that there is a danger that prostitution can We issued a press-release and sent governmental control over brothels be legalized in the Russian Federation it to all the federal committies and will regulate crime rate, internal and in spite of the wish of the whole nation a lot of news agencies. We passed foreign migration of prostitutes (or or due to the lack of political involve- our information packet to Vice Prime “sex-workers” as they call them using ment of the community. Minister Valentina Matvienko and Pre- the international pro-prostitution sident Putin. lobby language). And finally, they say, • Civil society is split into two oppos- After the US TIP report, and thanks prostitutes will receive social protec- ing factions. Governments of the to the efforts of NGO’s, the anti-traf- tion from the government. How is this countries with legal sex industries ficking legislation development started social protection going to be provided tend to fund anti-trafficking efforts in the State Duma. to prostitutes if there is not enough of pro-prostitution NGO’s in Rus- The expanded session of the wor- social protection for teachers and sia, thus influencing our country’s king group of the Russian Federation doctors in our country? politics. State Duma’s Legislative Committee was held on January 29–30, 2003 2. WAYS OF PROMOTING The only politically active force in Rus- under the direction of the Duma PRO-LEGALIZATION VIEWS IN sian civil society are NGO’s funded by member, Elena Mizulina. The main RUSSIA, CONTRADICTIONS different foreign funds (state-owned issue was the development of the law WITHIN THE CIVIL SOCIETY. and private). Unfortunately here we against human trafficking. Members • The General population of Russia have a picture of an obvious influence of the Angel Coalition Ludmila Erohina is not educated enough on the issue of funders on the NGO behavior. This (Vladivostok), Marianna Solomatova, (the majority of youth does not see any mechanism and its reasons are des- (Moscow) and Victoria Shakina (Irk- harm in legalizing sex services). cribed in the Paper “Corruption of the utsk) took part in that session. It was A lot of support for legalization is Civil Society” by Donna Hughes, (Pro- the last session of the working group found on the community level. For fessor of the University of Rhode Ice- before parliamentary hearings, which years the problem of prostitution was land, USA). 8 There is an organization will take place in the State Duma on too shameful to be openly discussed. called Crisis Centers Union, funded February 17, 2003. Today with more freedom prostitution by the Dutch Government and Global The law submitted at this session is tolerated by most people and vie- Alliance Against Trafficking of Women makes amendments to the Criminal wed as an unavoidable evil, though (GAATW). As we know prostitution Code, in particular, it will include an women in prostitution are condemned is legalized in Holland and GAATW article 127 ”Trade in Human Beings”, by the society. According to an inter- is well known for its pro-prostitution which reflects various aspects of traf- net poll6 carried out in August 2002, advocacy around the world. Of course ficking and provides the appropriate 88% of Russian Internet users sup- the above mentioned Crisis Centers punishment to traffickers, intermedi- port prostitution legalization, 7% is Union has to adopt their policy. It aries and accomplices of this crime. against and 4 % is hesitating. That does not tell openly that they want to The law contains the decision about is quite graphic and actually shows legalize prostitution in Russia, but still creation of the State Interdepartmental the young audience views, as most advocates for the rights of sex-wor- Commission on prevention of human of internet users in Russia are young. kers and sex-migrant workers, which trafficking, obliges the state to assist Another poll about prostitution car- sounds quite nice for the people and the trafficking victims, who have come ried out in Kazakhstan7 (bordering NGO’s that don’t possess the whole back home, by opening state-owned on Russia in the South) displays the picture (all people’s rights should be shelters and assistance centers. opposite. To the question “Can official protected). The law reflects all international brothels fully eliminate street prostitu- In Summer 2002, the Trafficking in norms, in particular, definitions used tion?” 74.3% of the poll participants Persons (TIP) Office of the US State correspond to definitions of the United said “NO”, 21% said “YES” and 4,7% Department issued their Report on Nations 2000 Convention on Transna- were hesitating. the trafficking situation in the world, tional Organized Crime and The 2000 Kazakhstan is, of course, a more and Russia was listed in the socalled Protocol on Prevention and Suppres- patriarchal country then Russia, but “Tier 3.” That is the third level, the sion of Human Trafficking. nobody ever studied public opinion of worst level of the countries. In this The Angel Coalition has been advo- Russian citizens. Probably the whole Tier, countries were mentioned where cating for the use of UN language and picture would be different from that of the trafficking problem is huge and definitions in the Russian draft law, but an internet poll and much more like governments did not take any steps for a long time was neglected by the the results from Kazakhstan, taking to improve the situation. After this TIP lawmakers. Thanks to the presence of into consideration the elder and more report the US State department allo- the UN expert Christopher Ram at the conservative layers of society. Never- cated some money for the develop- last session, our point was heard by theless, there is a long-standing “tra- ment of anti-trafficking legislation for the working group leaders. It naturally dition” within the Russian Government Russia. The Angel Coalition took acti- turned out that because we had been

20 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 1 supporting UN, the UN supported us. The Angel Coalition took active mea- nibalism in the world, and eating other The terms ”sex work” and ”sex servi- sures and started an action against people brings somebody pleasure, it ce” was withdrawn from the draft text prostitution in the same cities where doesn’t mean we have to legalize it.” and changed to “sexual exploitation.” we held the information Campaign in The concept of consent already exis- the year 2000 (Moscow, St-Peters- 1 Statistics of Russien Federation ting in Russian Criminal Code was also burg, Petrozavodsk, Yaroslavl, Che- Ministry of Foreign Affairs Chief included. Hopefully, the draft will not lyabinsk, Nizhny Novgorod and Veliky Office. undertake any serious changes while Novgorod). The action includes writ- 2 Criminal Code of Russian Federa- passing through the Duma ing letters to local representatives of tion, Chapter “Crimes against sex- Duma experts inform us that the federal Duma and making phone ual freedom and personal immu- about a year should pass before the calls to their offices. We wrote a letter nity”, Article 134. bill becomes a law. As early as half- to every Duma Deputy with a demand 3 A.Barannikov and I. Khakamada a-year after its signing, it comes into not to vote for prostitution legalization. interview, “Eho Moskvy” radiosta- force. But development of such a law Some Deputies support us, but they tion 11.07.2002. is an important historical event in the still have little knowledge about prosti- 4 SPS party web-site http://www. life of the Russian NGO community tution legalization effects. sps.ru August 2002. working on prevention of human traf- We hope to give our legislators 5 Data from Moscow NGO’s working ficking to, from, within Russian Fede- another point of view on the problems of with prostitutes (AIDS Foundation ration and assisting its victims. trafficking and prostitution. I don’t think East-West). legalization of prostitution will do any 6 Russian Information Agency “Ros- 3. EFFORTS OF THE ANGEL good to Russian society and we don’t BusinessConsulting” August 13 COALITION AGAINST have to legalize it only because it’s inevi- –14, 2000. PROSTITUTION LEGALIZATION. table. I’d like to quote one of the Angel 7 The telephone poll among 300 • The Angel Coalition started a Coalition partners, Larisa Boichenko Alma-Ata citizens at the age of 16+ campaign in 7 cities of Russia that from Karelian Center of Gender Stu- was carried out by the Research is addressed to local State Duma dies. During the Angel Coalition action company “Komkon-2 Eurasia”. representatives to persuade them to against prostitution legalization she said 8 http://www.uri.edu/artsci/wms/ vote against legalization to the press: ”If there are cases of can- hughes/

20 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 1 Prostitution Culture: Legalised Brothel Prostitution in Victoria, Australia

Sheila Jeffreys, Associate Professor berra is situated, and in Queensland. that dictated the introduction of the in Political Science, Department of The proposal to legalise has been decriminalisation of brothels there Political Science, defeated, for now, in South Australia, so that the police would have no role. University of Melbourne, Australia. but is being promoted in West Austral- Local councils have to monitor broth- ia and Tasmania. It is being debated els themselves and have neither the A CULTURE OF PROSTITUTION presently in New Zealand too. personnel nor the financial resources. When prostitution is legalised or The arguments put forward for Similarly to detect illegal brothels in decriminalised, a culture of prostitution legalisation in Victoria were: Victoria local councils have to finance is created which has harmful effects 1 It would control the illegal massage private detectives to go into brothels upon the lives not just of the prostituted parlor industry; and pay for sex. An investigation into women but of all women who live within 2 It would prevent the industry from illegal brothels in Yarra in Melbourne that culture. This damaging culture of expanding; cost ratepayers $42,000 in recent prostitution exists in Victoria, Australia. 3 It would end street prostitution, the months (Melbourne Yarra Leader As the practices of prostitution have idea being that street prostituted 30/9/02). Investigators operating in been normalised they have come to women would prefer to work in the unlicensed brothels sign affidavits seem ordinary. There are brothels on legal brothels; and outlining the sexual services offered many streets. Children walk past bro- 4 It would be safer for prostituted to them. They are then presented to thels on their way to school and buy their women who would all be in legal a magistrate who can ban entry to the summer swimsuits in a shop opposite a brothels and less likely to be mur- property. This penalises the landlords brothel. Brothel owners are in the Rota- dered or raped. This perspective but not the brothel operators who sim- ry Club and are profiled as role models was accepted by all feminist organ- ply move premises. in respectable newspapers. Brothels isations at that time it seems. There is little doubt that the illegal are listed on the Stock Exchange. industry is out of control. Legalisa- 60,000 men buy women in prostitution Those who wanted to run legal broth- tion or decriminalisation does not and every week. els, previously called pimps and now cannot prevent illegal brothels. In Mel- In many countries the legalisation respectable business people, needed bourne police suspect one Hong Kong or decriminalisation of brothel prosti- to apply for a license. A Prostitution national who operates 6 unlicensed tution is being considered at present, Control Board was set up to issue brothels in outer-eastern Melbourne as a way to deal with the many prob- licenses and regulate the industry. of making up to $8 million over the lems associated with men’s abuse of Regulation included monthly medical past three years. women in prostitution. Campaigners inspections for the prostituted women. The effects of decriminalisation hold up the system of legalised broth- of brothel prostitution in New South el prostitution in Victoria as a positive THE ILLEGAL INDUSTRY Wales in 1995 have been similar. example, the crème de la crème of In Victoria today police sources esti- Brothels have reportedly increased prostitution internationally. For that mate that there are 400 illegal broth- four hundred fold and the vast major- reason it is important to examine els to 100 legal ones (Murphy, Pad- ity have not applied, as they are sup- carefully what legalisation has meant raic. Licensed brothels call for blitz on posed to do, to the local councils for for women in Victoria. It has created a illegal sex shops. The Age 3/6/02). licenses. Councils cannot afford to prostitution culture. The illegal brothels move around and employ special staff to enter the ille- are difficult to detect, supposing there gal brothels and prove that they are in LEGALISATION was the will to detect them. There is breach of planning regulations. Brothel prostitution was legalised in no official role for police in monitoring Victoria in 1984. It was decriminal- legal or illegal brothels once legalisa- STREET PROSTITUTION ised in New South Wales NSW in tion or decriminalisation takes place. It was thought at the time of legalisa- 1995. There is now also legal brothel They are under the control of local tion that street prostituted women, prostitution in the Australian Capital government. In NSW it was appar- at greatest risk of death and serious Territory in which the capital Can- ently the corruption of the police injury, would be able to move into

22 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 3 the legal brothels and be safer. This (Sullivan, Mary and Jeffreys, Sheila particularly needed the money. Then would also cause the nuisance of 2002: The Failure of Legalised Brothel they went up to the room. Women men’s street prostitution behaviour Prostitution in Victoria, Australia Coa- would often apply lubricant in a bath- to be alleviated. In fact street prosti- lition Against Trafficking in Women). room on the way up because the men tution is a massive social problem in The women are debt-bonded so the would be most unhappy if they got the Melbourne. A government inquiry was profits of their enslavement do not go impression the women were not sexu- set up into the problems caused by to them. There are ongoing investiga- ally aroused and some would refuse men’s behaviour in St Kilda in 2001 tions of several inner-suburban broth- to pay. Then the women had to try (Attorney-General’s Street Prostitu- els suspected of using women brought to control the encounter. Men would tion Advisory Group. Interim Report from South-East Asia on tourist visas. sometimes want an ‘all around the September 2001). The number of Police suspect they are forced to have world’ i.e. access to any orifice in any women in street prostitution had been sex with 800 men to pay off debts to way and the right to touch any part of rising rapidly in this one area-to an the traffickers before they receive any the woman’s body. The woman must estimated 350. The male abusers are money (Murphy 2002 as above). They then struggle to restrict him whilst not sexually using women in front yards appear, a police spokesman said, ‘to losing the booking. Men might twist and on residents’ doorsteps. There are be flown here to order.’ It is estimated nipples and shove fingers up the problems with used condoms, faeces that $1 million is earnt from trafficked woman’s anus. One woman said that and needles. The recommendation women weekly. for anal she would charge $500 but of the Report was the setting up of this would be according to how large tolerance zones in which men could WOMEN SAFER IN it was i.e. a larger penis means more solicit women and ‘safe houses’ in LEGALISED BROTHELS? pain. Another woman said a man had which they could use them. The safe Street prostitution is extremely danger- started to put lubricant on his fist and houses would have been, effectively, ous (Farley, Melissa et al. 1998. “Pros- when she asked what it was for he state brothels even though the council titution in Five Countries: Violence said he intended to fistfuck her. The hoped that charities like the Salvation and Post-Traumatic Stress Disorder”, demand for fistfucking suggests that Army would run them. The recom- Feminism and Psychology, Vol 8, No the increasingly violent and degrad- mendation was shelved because it 4 pps 405–426). Women are at risk of ing practices carried out upon women was so unpopular with residents and rape and murder, beatings, knifings. in pornography are educating men in an election was pending. Prostituted women receive the hatred what they wish to do to women, first in In Sydney in New South Wales from men of women and of the sexual- prostitution and then in their relation- tolerance zones have been set up in ity that they are seen as representing. ships. This applies also to anal sex. which prostituted women are sup- This results in the violence they suffer. One woman, on coming down from posed to meet with their abusers, In brothel prostitution these extraor- a booking, would shower for 10 min- and ‘safe houses’ in which they can dinary problems, after all what other utes in very hot water to get the dirt rent rooms. This policy has been form of work includes murder as an off her body. Before a booking one manifestly unsuccessful. The pros- ordinary hazard, are supposed to be woman would come out in goose tituted women do not stick to the reduced. Let us consider the legal bumps. Her skin was crawling at the zones but use surrounding residential brothels of Melbourne, supposedly thought of what she would have to areas (Australian Broadcasting. Street the crème de la crème of prostitution. endure. Sexual harassment is what the Prostitution. The Law Report. Radio One of my students did research in a man pays for. The women dissociate National 30/4/2002). legal brothel by interviewing women to survive the ordeal using psychologi- both before and after ‘bookings’ about cal techniques or drugs and alcohol. TRAFFICKING the boundaries they tried to create to Women in prostitution are not a dif- Legalisation and decriminalisation control what men were able to do to ferent kind of women who can endure lead to the growth of the industry of them and to what extent they were the unwanted hands and penises of prostitution. The traffic in women to successful (Barclay, Ingrid, Interac- men in and on their bodies more eas- supply the legal and illegal brothels is tive Processes in Brothel Prostitution. ily than others. It is true that many are an inevitable result. Sex entrepreneurs Honours Thesis. Political Science, seasoned by previous sexual violence find it hard to source women locally University of Melbourne 2001). in childhood or adulthood so that the to supply an expanding industry and The brothel she studied contained violence of prostitution can seem less trafficked women are more vulner- a lounge in which the introductions severe than other forms of violence able and more profitable. Trafficked took place. All the women waited in they have suffered (Hoigard, Cecilie women are placed in both illegal and the lounge. Men came in one at a and Finstad, Liv. 1992. Backstreets: legal brothels in Victoria. They can time to make their selection and the Prostitution, Money and Love. Cam- work legally in legal brothels with work women had to compete to be chosen. bridge: Polity). But prostituted women permits if the traffickers apply on their They would come up and touch the hate the everyday violence of prostitu- behalf for refugee status. The traffick- men sexually and vie with each other tion just as any other women would. ers sell the women to legal and illegal in offering what they would do. Some Those who accept prostitution as a brothels, in Victoria for $15,000 each might offer sex without condoms if they legitimate occupation are accepting

22 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 3 that certain women can reasonably TRAINING MEN IN out into the business community, the be set aside as appropriate objects SEXUAL VIOLENCE billboards on the streets, the local of exactly the harassment that other Prostitution and rape go together. Quite media, and affects the relationships non-prostituted women seek to get reasonably many prostitution survivors women have with their male partners out of their workplaces and lives. call prostitution commercial sexual vio- and the men they work with. Legalisa- This is the story of the most lence or bought rape (Giobbe, Evelina. tion has normalised men’s prostitution respectable form of prostitution in 1991. “Prostitution: Buying the Right behaviour. As a result of this accepting the world. Here in Australia there are to Rape”. In Ann Wolpert Burgess climate tabletop strip clubs moved into codes for the implementation of Occu- (ed.) Rape and Sexual Assault III: A Victoria in 1993 and now thrive under pational Health and Safety (OHS) in Research Handbook). In prostitution the euphemism ‘Gentlemen’s Clubs’. brothels drawn up by state authorities, men pay to watch (as in pornography) An state government inquiry was soon but only for the tiny number of broth- or carry out upon women’s bodies a instituted as a result of rumours that els that are legal. It is hard to work out range of practices that, in their non- prostitution took place in these clubs. OHS codes for work in which women commercial form, are precisely the But this is hard to prove. are regularly at risk of violence and of practices of male sexual violence that In other contexts where there is diseases which are life-threatening, women are concerned to get out of not such an acceptance of prostitu- where they may be required to han- their bedrooms, their streets, their tion there has been community resist- dle faeces and urine as well as semen, childhoods, their workplaces. I do not ance to table top dancing and the where they have to suffer the psycho- suggest that prostitution is the only rea- clubs have been rejected, in Glasgow logical damage of dissociation and/or son that sexual violence exists because for instance. There is now a campaign sexual harassment and abuse. Codes it exists in many cultures which do against them in Dublin Ireland. In Aus- for other workplaces require the isola- not have prostitution and needs to be tralia the idea of such a campaign is tion of dangerous substances, wearing understood in terms of male dominan- not really thinkable because men’s gloves etc., whereas in prostitution a ce. However the sex industry trains men sexual exploitation of women has potentially lethal substance, semen, in these practices. The main practice is become so normalized as a result of is injected straight into the body of unwanted sexual intercourse in which years of legalized brothel prostitution. the ‘worker’. Prosituted women are in prostituted women dissociate to survive As the industry grows new constit- no position to wear gloves and isolate whilst the man penetrates her with no uencies of young men are introduced semen in special safe receptacles. concern for her personhood. In sex to prostitution behaviour. In 1998 it They are likely to have to accept it on phone lines women have to dissociate was estimated that 60,000 men in their faces and in any orifices. to survive men’s abuse that they have Victoria abused women in prostitution paid to speak. In obscene phone calls every week and the figure is likely to be SADOMASOCHISM BROTHELS men, sometimes the same ones, intru- larger now. Generations of men and Sadomasochism (SM) brothels are de upon and threaten women in their boys are trained in prostitution behav- a burgeoning area of the prostitution homes. In prostitution men speak foul iour. These men will be the sex tour- industry presently for two reasons. and degrading words to women and ists and travelling businessmen who One is that SM has become a hugely sexually harass them, touching parts abuse women in prostitution in other profitable market sector with clubs, of their bodies they want to protect and countries many of whom will be traf- equipment, porn and brothels all its demanding practices women do not ficked to those destinations. own. Another is that SM offers in want to allow. In streets and workpla- Australia a way of setting up illegal ces men do exactly the same except THE LANDSCAPE OF A brothels. SM brothels frequently do that they do not pay. The pleasure can PROSTITUTION CULTURE not apply for brothel licenses on the be more acute when women’s consent There are certain restrictions on where grounds that ‘sex’ does not take place. is clearly absent. In prostitution women licensed brothels can be placed. They They represent themselves as therapy, are whipped, or have to dress up as are not supposed to be near churches and as offering fantasies. In fact my babies or young girls. All of this trains or schools. Illegal brothels do not local council is currently seeking to and encourages men in brutality and suffer these restrictions. Licensed prove that ‘sex’ is taking place in the child sex abuse. brothels are, however, on main shop- SM brothels but having great difficulty ping streets and on residential streets. in doing so. Forms of very serious vio- NORMALISATION They are simply part of the ordinary lence against women take place in the OF PROSTITUTION life of the city. Men emerge from the SM brothels. They do not just contain The policy of legalising brothel brothels smirking with satisfaction as dominatrixes who act out violence prostitution in Victoria has failed passers-by lug shopping and children. towards men. Women are provided dramatically in all its aims. When this Advertisements for the brothels and as sexual slaves and can suffer severe policy was undertaken there was no the tabletop clubs appear on massive beatings, according to counselors at consideration of the way in which billboards across major arterial roads, rape crisis centers in Australia who it might effect the status, lives and offering women as objects for men’s seek to support them (personal com- relationships of all women in the state. use. In the State Exhibition Centre munication). In fact the culture of prostitution spills each year the sex industry exhibition,

24 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 5 SEXPO, takes place. The brothels of young boys come in on Friday and men who would use them to network and strip clubs display the women Saturday’. She promotes her business and make political deals and business they have to offer, pornography, strip when there is going to be a convention deals. The new gentlemen’s clubs and lapdances take place before in town, such as at the World Trade which are a form of brothel in which thousands of citizens with the spon- Centre recently with 3,000 men from naked women are offered to men to sorship of the state. Local freesheet Thailand. She checks the women to bathe with them, to dance on their newspapers carry advertisements for make sure they are wearing sus- laps and, of course, offer other ‘sexual local brothels called Oriental Plums pender belts. The women do not like services’, are much more democratic. or Romantics (The Melbourne Times, them because they are itchy but ‘they Any man with the entry fee can go December 11 2002). look good’ when the women take off in. But the deals are still made there. their clothes. They have a strip show The men bond and network with PROFITABLE MARKET SECTOR on Thursdays ‘some of those people other men, clinch business deals, The financial pages as well as the news might stay and have a lady after’. She hold meetings of corporations. Major pages of newspapers that find the concludes ‘I believe we’re here to test companies hire the meeting rooms industry of sexual exploitation titillating, ourselves and do our best and achieve at the venues and get whiteboards cover the profits to be made from invest- as much as we can’. plus naked women on the tables at ing in prostitution. The Age newspaper In Melbourne such an article about tea break and lunch. What does this devoted the front page of its business pimping in the main Sunday news- do for the chances of equality for section to SEXPO in 1998 alongside a paper elicits no adverse comment women in these companies? Women profile of Australia’s sex industry, said or enraged readers’ letters. Brothel- executives can attend meetings and to have an estimated annual turnover of keeping is an ordinary occupation like suffer the pain and embarassment of $A1.2 billion. The Daily Planet brothel is being a headmistress. Most women watching other women treated in this to be launched on the Australian Stock who own or run brothels have been way or they can refuse to go and lose Exchange in 2003. prostituted themselves. There is no the chance of advancement. Women promotion in the industry and no way executives cannot be equal in a pros- NORMALISATION OF PIMPING AS to get out except by doing this. titution culture where their male col- RESPECTABLE BUSINESS leagues can cement deals by provid- One example of how respectable RELATIONSHIPS BETWEEN MEN ing prostituted women to clients, or pimping has become is the featuring AND WOMEN join their clients in visiting brothels. of a brothel owner in the My Diary A culture of prostitution damages Women workers in the legal pro- section of the Sunday Age newspaper the possibility of creating relation- fession are particularly affected. In on October 13 this year (The Sunday ships of equality, respect and hon- Melbourne the tabletop clubs are in Age Agenda 13/10/02:2). This regu- esty between women and men in the legal district. Women lawyers see lar feature covers the working life of the home, in the workplace and in the male partners go to the clubs at prominent Melbourne citizens, usu- all areas of life. As new generations lunchtimes to bond and wonder why ally women. On one occasion it was of men are trained in prostitution it is so hard to become partners them- the Headmistress of a famous private behaviour this will inevitably affect the selves. The secretarial staff have to lie girls’ school and last week it was a mil- way they are able to relate to women to wives who ring up about where their liner who made hats for women to go in their lives, family, partners, work- husbands are. Many groups of women to the horse racing. The brothel owner, mates, friends. Equal relationships are affected by such men’s prostitu- a Thai woman named Chailai Richard- between men and women are still tion behaviour. The existence of the son, was described as ‘the owner and difficult for many women to achieve. sex industry and the way it is cur- manager of Top of the Town brothel in The existence of strip clubs, brothels, rently entwined into the way in which Flinders St’. The diary gives an intro- pornography and the advertising of Australian men do business make the duction to the featured woman and these forms of sexual exploitation idea of women’s equality in the busi- then details what she does on each make it much harder. The prostitution ness world a mockery. day of the week. industry creates the ideas that boys In a prostitution culture boys and Richardson, we are told, met her and men have about women i.e. that girls grow up in a world in which husband when he was ‘building up’ they are objects for sexual use rather women are sold to men, naked or half the brothel, 11 years ago. She is vice- than equal human beings. naked, pouting, spreading their legs president of the Thai Association. The The sex industry creates the men’s on billboards, on the porn racks in vast majority of trafficked women who culture which controls the business the corner store, in the video store, in are sold into debt slavery in both legal and political world and excludes music videos. Girls learn that they are and illegal brothels in Melbourne are women. In what are called ‘Gentle- meat for men to buy, exchange and Thai. 100 women work in her large men’s Clubs’ women are paid to place consume. Boys are taught that it is brothel. She says: ‘There is a lot of their naked and shaved vagina and reasonable to do this to girls because pressure on the ladies. They find it anus in front of men who may stare they like that, and they are for that. hard to cope with their work some- into them. Once upon a time gentle- Girls and boys grow up in an environ- times…Saturday was smooth. A lot men’s clubs were for rich upper class ment in which one half of the human

24 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 5 race is delegated to the sexual service just on the prostituted women in in relationships with men find most of the other half. pornography and prostitution but on difficult. Yet the sex industry with its The sex industry is a secret men’s all women involved in sexual relation- influence on politicians, media, is able business in which men bond through ships with men. The aim of feminism to sell this commercial sexual exploi- the sexual exploitation of some women has been a ‘self-defined’ sexuality for tation as what sex really and truly is. whilst their mothers, wives, girlfriends women i.e. pleasurable and respect- The sex industry is the most powerful and daughters are unaware. Group ful. Women’s ideas of pleasure might sex educator in western societies. No visits to sex exploitation venues is include whole body sensuality, they other source of sexual information can becoming an ordinary way for men to might include affection, even love, compete with the scope and power of socialise. On “bucks’ nights” (before as the basis of a sexual relationship, pimps as sex educators. Generations weddings) they will sexually exploit they might not include sexual inter- of men and boys are being trained to women. At parties they will watch course, or any form of direct servicing this view of what sex is by the powerful porn together and bond through the of men that women felt disinclined inducement of orgasm. This is in oppo- practice of watching women being to engage in. Who knows, but anal sition to the great efforts of women to abused. sex might not be in the list created get men to value them for more than by women’s imaginations. Certainly sex, to value affection that is not sex DESTRUCTION OF HETEROSEXUAL a self-defined sexuality for women related, to value sex that is not just RELATIONSHIPS would be likely to be based upon a about being a hole for men to enter Men can not be equal to women woman only engaging in that which whilst women think of tomorrow’s work in sexual relationships if they are gave her pleasure and not having to problems. The sex industry has called involved in the sexual exploitation of perform for men. It would be likely to men’s use of a woman as an object other women. The 60,000 men who be a sexuality of equality based upon with holes to stick a penis and fingers use women in prostitution in Victoria respect, and not just equality in deg- in whilst she dissociates to survive each week are likely to have female radation or violence, but a sexuality emotionally, sex. What could be more partners. As the industry grows more in which equality and mutuality were confusing than that? For whom is this and more men are involved and more themselves exciting. A self-defined ‘sex’? And what are its implications? and more women are directly affected. sexuality for women would be unlikely One implication is that the boys When male partners abuse women in to include women feeling that they had and men require girls and women to prostitution what are the women to do? to allow men to penetrate them or they act out the scenarios they have learnt Either it will be a secret and the wife will would not be allowed to go to sleep, or from prostitution to be exciting to them. not know what her husband is doing, the man would have a bad mood, or The women have to take up positions, which means that the basis of trust they would not get the housekeeping wear particular fetishes, and engage in and honesty that should underlie any money, or they would have no money practices that they may hate in order to equal relationship is destroyed. Or the to feed the children. A woman might gain male approval. As a result there wife will find out about her husband’s be sexual when the whim took her or are newspaper reports that teenage behaviour and have to work out how to not at all, though she might always girls at parties have to suck off groups relate to this man. She is likely to leave want lots of warm love that was not of male teenagers as routine. More and him. His daughters will have to think conditional upon sex. more, my young women students tell about what it means that he stares into Now all this might sound a little me, anal sex is becoming an expected the shaved genitals of women their age quaint. That is largely because, in the part of sexual interaction. The prac- in the local strip club, who are all some last twenty years, the sex industry has tices of pornography and prostitution other men’s daughters, or penetrates constructed an understanding of what educate men and very swiftly become them as they dissociate to survive. sex is that is in complete opposition to expected of girls and women. The more men become involved what so many women have said that Women do not have resources or in prostitution behaviour, the more they wanted. Through pornography an industry to portray what they might impossible the ideal of egalitarian rela- and other forms of prostitution the want from sex outside the hubbub cre- tionships between men and women sex industrialists have created a form ated by the sex industry. We do not inevitably becomes. The expansion of sexuality in which men pay to gain have a voice, unless we are coopted to of the sex industry and the creation access to a woman who desperately speak within the voice of the industry of more male consumers is in direct wants to be anywhere else but there, and say how much we love precisely collision course with the possibility of and is dissociating to survive. The man the sex that it sells. A sexuality beyond equal relationships between women is able to penetrate her mouth, anus prostitution would be something very and men. or vagina with his penis, fingers or different, something which becomes tongue and grab at other parts of her harder and harder to imagine as the SEX IN A PROSTITUTION CULTURE body that are not on the menu. He has sex industry takes up all available In a culture of prostitution boys and no regard for her personhood or pleas- space for ‘sex’ and portrays itself as men are taught that penetrating a ure. This is the sex of pornography and a ‘sex educator’. A sexuality beyond woman who is dissociating to survive other forms of prostitution. prostitution would be a sexuality of is ‘sex’. This has a great impact, not This is also the ‘sex’ that women equality in which women and men,

26 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 7 women and women, men and men, ally intimate with men for their pleas- that prostitution gives to women. In find pleasure in each other as equal ure, not for the price of a bed for the such societies it is more possible to partners and companions. night or drugs. In such a culture men dream and imagine the world of wom- and boys would learn that they can en’s freedom and work at creating it. CREATING A CULTURE be women’s equals and have work, OUTSIDE PROSTITUTION family and friendship relationships As the legalised prostitution industry with women on the basis of dignity expands and influences more and and respect. In those societies where more areas of life it becomes harder a prostitution culture has not yet to imagine what a culture friendly to been created by the legalisation and women’s equality would look like. In decriminalisation of brothel prostitu- such a culture women would be sexu- tion it is important to reject the values

26 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 7 Legalizing Prostitution: In Search of Alternative from a Gender & Rights Perspective

Jean D’Cunha, Senior programme hope it is not a girl. She must not suffer me before a final decision was made. Specialist with UNIFEM East and like me,” says 28 year-old Nu, seven He asked me to undress behind a Southeast Asia Regional Office months pregnant and living temporar- makeshift screen, examined my body Bangkok, Thailand. ily at an NGO shelter in Bangkok. In a for ‘damage,’ and internally probed me cathartic outpouring of all that lay bur- with his bare hands to detect ‘disease.’ ABSTRACT ied in the deep recesses of her being, When he was satisfied that I was okay, This paper critiques legalization of she recounts her story thus… he said I would be sent to Japan. prostitution. Its arguments are located “I was abandoned by my parents I was told that I would be working within an understanding of the institu- and left to be brought up by distant as a waitress in a bar earning approxi- tion of prostitution – its structural basis, relatives. I studied up to the primary mately US$200 per month, and that I the deconstruction of sex and sexuality level and did all the housework. When was not bound to go out with clients, in prostitution and the specific aliena- I reached puberty the son of the fam- but could if I chose to earn more. Pay- tion experienced by women and girls ily I lived with began making advanc- ment for the agents’ fees, my travel in prostitution. Further it draws on es towards me. He raped me several and other expenses were to be made the experience of countries that have times, and began sending me out only after I received my first wage. legalized prostitution to assess legali- occasionally with clients for short peri- From the time the agent began zation’s claims to benefit women. ods, warning me never to tell his par- working on my travel documents to This paper however recognizes ents. I was already ‘spoilt’ and decided the time of my departure – which was a central dilemma – the critique of to run away and entertain clients on a little over two weeks – I was kept in legalized prostitution on one hand my own, instead of living under his a small hotel room and provided with and the need to address the con- control. I came to Bangkok at the age food. The agent said this was neces- cerns of women and children in pros- of 15, rented a room and began see- sary in preparation for my departure. titution, in the context of a burgeon- ing clients independently. But getting I learnt later that I travelled to Japan ing sex industry in the recent phase enough and good clients was difficult, on a tourist visa and someone else’s of globalization, and large numbers and operating independently without passport affixed with my photograph. of women and children being pulled any protection was risky. The day before my departure, I into its vortex as a survival strategy. A hairdresser friend suggested that was told that I would be escorted from This paper draws on good practice I find a well-paying job outside the Bangkok airport by a Thai family – a interventions that attempt to address country that also took care of my food man, his wife, their son and daughter. this dilemma while not legalizing and accommodation. She said that I was to pretend that they were my par- prostitution, arguing for intensive there were plenty of Thai women who ents and siblings, and I was instructed research and data gathering on such worked in Japan and returned rich. by the agent to address them as mom initiatives. A host of other multi- She assured me that if I had no con- and dad, and not to talk too much to pronged initiatives from a gender & tacts or didn’t know how to go about them. I was specifically instructed not rights perspective are also discussed things, she would introduce me to an to talk to the Thai and Japanese immi- as part of the search for alternatives agent who would help me secure work gration officials or to any authorities. to legalized prostitution. in Japan. I was willing and an appoint- My ‘father’ would take care of eve- The paper is informed by the lived ment was fixed. rything. I had to demonstrate to the experience of women and girls in The agent interviewed me on my agent how I would behave with my prostitution, more specifically those background. I told him that I had no family, to assure him I had understood at the lower end of the sex sector – relatives, that operating independently his instructions. street and brothel prostitution in parts in Bangkok hardly got me good clients I was introduced to my ‘family’ at the of South Asia, and the legal hospitality and money, and that I was worried airport. I don’t know if they were really sector in parts of southeast Asia. that I wasn’t smart and good looking a family, but they were all fair and well enough to go to Japan. He assured me dressed, and seemed to know what to PORTRAIT OF NU that this was no problem at all, but that do. My ‘ father’ kept my passport with “I am waiting to give birth to my baby. I he would have to physically examine him. The agent gave me 30,000 yen

28 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 9 for my expenses before we left. girls between the ages 14-30. Most when high. At Narita airport in Japan, my ‘father’ were already in prostitution in Thailand We could never refuse a client took care of the immigration proce- before they came to Japan, but like me who wanted to go out with us, even dures. After we collected our baggage, did not know they would have to go if he was dirty, smelly or absolutely the woman went her own way with the out with clients, pay off a huge debt, drunk. If a girl resisted prostitution boy and girl, and my ‘father’ led me and live in total confinement. A few or accepting a specific client, she away in the opposite direction, where however had no idea at all they were was badly beaten. Girls have been we were met by a Japanese man with being sold into prostitution and had a raped publicly in front of all of us by three young Thai women in his charge. much harder time. We were packed the Yakuza especially called in to sea- My ‘ father’ took the 30,000 yen from into a small room with a bath-cum son them. This terrorizes other girls. me, left me with the Japanese and toilet above the mamasan’s house, far Some girls were burnt with cigarette disappeared. off from the bar. There was no radio butts, and their nails hammered with We were brought by taxi to a kara- or television and we were instructed bottles. If a girl was really unmanage- oke bar in Shinjuku. The owner was to always talk softly or sleep when not able, she was sold by the owner to the a Japanese, married to a Thai mama- at work. We were warned not to peep Yakuza and we never saw or heard of san. The bar owner said that he did out of the window, as we would be her again, or she was sold to another not accept girls with big tattoos and arrested by the police who came on bar with double the debt to repay. Also body marks and asked us to go one at their daily rounds. It was very cold, but our mamasan would send us out with a time into a cubicle at the back of the there was no heater or warm water. I known sadistic clients, when we diso- bar. I was asked to undress and the was provided with a sheet, a blanket, a beyed her, and girls came back very owner began pressing and massaging pillow, a pair of socks and had to sleep traumatized. Some behaved as if they various parts of my body. He exam- on the ground. We used to hold each were raving mad. In the one year that ined me vaginally. This was a repeat other tight and sleep to keep warm. I stayed in the bar I never saw a girl of the same procedure as in Thailand, We generally worked through the being murdered, but heard of inci- but here the owner even slept with me night, slept in the morning and woke dents from friends. I decided it was before hiring me. I really felt horrible – up in the early evening. We showered better to obey the mamasan, and pay ‘like a piece of flesh,’ being inspected, in batches to save time and water. We off my debt as fast as I could, than suf- bought and sold. I had to take a blood cooked and ate a routine meal of rice fer this fate. test for HIV/AIDS. I was the only one with raw, boiled, fried eggs or ome- On an average, I entertained about of the four women bought by the bar. lettes mixed with fish sauce and chil- three or four clients a night depend- The other girls were taken elsewhere. lies and sometimes fried vegetables. I ing on the number of clients in the I later learnt that if women tested hated this food, but this was what we bar. Our clients were all Japanese HIV positive or were found physically were given. It was also cheaper and between the ages 20–70, but the unpleasing, they were bought only by that meant we could work our debts majority were over forty. They liked lower grade bars where earnings are off faster. Other meals at the bar were young girls. Often the younger men less and conditions much worse. ordered through the mamasan from swore love to us, but we knew it was As soon as the others left, the an adjoining Thai restaurant, and not true. They would soon drop us. mamasan told me that I had to pay added to our debts. We were never Most of my young clients were very off a debt of over one million yen. My allowed direct communication with insensitive and rough. The older men food, rent and other expenses would the restaurant workers or anyone else. tended to be gentler. Most of our cli- be added to this amount. We did Even our letters were censored. ents thought that we had come to not receive commissions on drinks, By 6:30 p.m. we were ready to be Japan because Thai women love sex. although we had to persuade clients escorted to the bar. Most of us con- There were two girls out of the thirty in to buy drinks. Clients paid the mama- sumed drugs or gulped down alcohol our bar who said they didn’t mind sex, san directly for taking the women out before leaving for work. Our regular provided it was not violent, but the rest during the debt repayment period. supply came from the mamasan and of us drugged ourselves or drank to go The mamasan warned me not to try to was added to our debts. I used a drug through with it. We often got sadistic run away as she would be very tough, called domikum which made me feel and kinky clients who were unknown and that all girls who tried escaping happy, funny and carefree. It helped to the bar owner – much more than I were brought back by the Yakuza and me lose all inhibitions and I never got in Bangkok. They would beat us severely beaten or sold to other bars, felt intense pain when on it. Most of before intercourse with sticks, belts or accumulating double the debt. I was us didn’t know Japanese and were chains, till we bled. One of my clients shocked and realized that the only way forced to engage in body communi- wanted me to scream loud while beat- for me to pay off my debt was to go out cation with clients. We had to sit very ing me before sex, but he didn’t draw with as many clients as possible. Tips close to clients, touch and be touched blood. Some impotent men used fake from clients were the only liquid cash by them, wear short dresses with spa- penises. There were some clients who we earned. Sometimes a generous cli- getti straps without any underwear, or inserted coke bottles into the girls’ ent helped women pay off their debts. walk around the bar stark naked to vaginas; lit candles and dropped hot Our living quarters housed thirty attract customers. I could only do this wax over our bodies and into the wom-

28 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 2 9 en’s vaginas; stared into the women’s that his illegal operations and our ille- be tracked down and killed. Every sin- vaginas and poured boiling water into gal status would come to light if we gle one of us dreamed about escap- it; gave the nipples electric shocks for were exposed to outsiders. Those ing. Several of us made plans but were a few seconds, or demanded oral or who were taken to doctors had stiff too afraid to act on them. anal sex. If girls came back trauma- fees added to their debts. When debts were paid off, the tized after going out with a sadistic Many of the girls complained either mamasan returned our passports, client, and reacted hysterically or had of a burning sensation or pain while and we were free to either leave or stay nightmares, they would be beaten by urinating. We were told by the Thai for a month or two and earn some- the mamasan and told that they must restaurant owners that this was syphilis thing. Most women in our bar wanted have provoked the client to be violent. and were supplied with orange tablets to return to Thailand immediately, but The mamasan never brought sadistic at a price. We did not know what the had to stay and earn some money to clients to book. If we cried on the job drug was, but it made us feel better. buy their return tickets and save a little or resisted a client we were beaten Other health problems were stomach before returning. Thai dealers in res- even more. That is why we routinely aches, fevers, injuries, nervousness, taurants fixed our papers and return used drugs before sex, because then hysteria, emotional disturbance, men- tickets for a fee. We were too afraid we didn’t feel the pain that much. tal breakdowns, including suicides. to go to the Thai embassy because We had to work even when we Some girls got drunk and urinated we were told that the embassy offi- were ill or menstruating. We used to and vomited all over, and the mama- cials would cut our hair and throw us insert sponges during menstruation, san increased their debts as a penalty. into jail as we were illegal residents. to prevent clients from knowing that Others who took drugs got aggressive. Many girls who dared to leave the bar we were menstruating. The mama- We were under constant pressure to work independently after repay- san instructed us to tell our clients to and we often fought, screamed and ing their debts, were arrested by the use condoms. Some men would, but fisted one another. There was also a police, fined, imprisoned, forced to most not. As I could not speak Japa- lot of peer bonding as we had only one provide sexual favours to the police nese I could not ask them to use con- another to depend on. and deported. It’s funny because we doms, so I would excite them and slip One of the girls who was depressed are punished for no fault of our own, it on without them knowing. If clients and drunk once slashed her wrists but the bar owners, the corrupt police refused to use condoms, we had to with a broken bottle, but fortunately and even clients who abuse us badly give in. The mamasan never insisted did not cut herself deeply. She was are never punished. or took it up with them.. going crazy in controlled conditions, I finished repaying my debt in ten We used to have a pill-a-day sup- got few clients, and felt she would months. I had some money from tips, plied by the mamasan to avoid preg- have to work in the bar forever to but not at all enough to buy my return nancy. Of the thirty girls in the bar, pay off her debts. She would often ticket. I worked for two months more while I was there, two got pregnant. get hysterical. We would try and calm in the bar. With the Japanese I picked They consumed some medicine and her with medication, get her food and up in a year, I then began to solicit one of them aborted. The other got use the little Japanese we knew to get clients in front of one of the motels the girls to stamp her stomach till she her clients. A girl in the next building close by. I had a boy friend whom I aborted. Generally abortions were self- jumped out of the window and died lived with. I realized he was not seri- induced and facilitated by the girls in instantly. The mamasan and the girls ous about me and was not going to the bar. Letting the mamasan know left the premises and we don’t know marry me. I had no education, no that we were pregnant would get her what happened after that. job, no accommodation, was an ille- angry, and seeking her help or going to Sometimes the police would come gal resident, and could not return to a doctor would add to our debts. The in to check if there were overstayers Thailand immediately without earning abortificaient –Satreepenpark (liquid of visas.The owner was mostly warned something reasonable. So I stayed on medicine used to regularize menstru- in advance by informants. Overstayers with my boy friend and went out with ation or to abort and commonly avail- would be concealed, or heaped into clients to save some money. able in Thailand) - was secretly sup- a bus and hidden in a hotel close by One day I happened to walk into a plied by Thai restaurant workers, and till the police left. At other times the Thai restaurant and found a pamphlet the women were reported to consume bar would be closed for a day or two. that said, ‘If you need a Thai friend to 5–6 bottles before they aborted. The There was also a time when only those talk to, contact this number’…I rang women complained of fatigue, abdom- with valid visas were produced before the number and found myself talk- inal pain and bleeding afterwards. the police, and the police bribed. ing to a Japanese nun. I told her my We didn’t know much about STDS/ Of the thirty women in the bar, four story and requested her to help me get AIDS, except the names of these ail- tried to escape, two successfully with back to Thailand. She made the nec- ments. Those of us who visited STD the help of clients. The other two were essary arrangements and sent me to clinics had seen pictures of STD caught and returned to the bar by the an NGO in Thailand. I returned with a affected body parts. We were only police only to be mercilessly beaten saving of 30, 000 baht after five years taken to the doctor when we were up by the owner. The mamasan told of struggle.” unable to stand. The owner was afraid us that the girls who escaped would I asked Nu how she assessed her

30 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 1 experience in prostitution in terms of for prostitution. Rather, a cumulative tion. In gendered social contexts what she got out of it and what she experience of structural deprivation, where bodily purity and sexual hated most. This was her response. a culture of violence and a battle for integrity are key markers of ideal “Considering I had no formal edu- survival, that began in babyhood and womanhood, rape and other forms cation, I was able to earn some money persisted through her life, rendered of sexual abuse result in stigmati- and survive, and even buy myself her vulnerable to prostitution. It sation and often a complete loss of some clothes. No one in the world can induced her to migrate, caused her to self-worth. Women who internalise get over sleeping with one man after be manipulated, deceived and abused these values often believe that pros- another who does not love you. These prior to prostitution, in the course of titution is the only way to survive. men want to come to us but don’t love movement to Japan, and finally in • A culture of consumerism and per- us or don’t want to marry us. They only prostitution. Her decisions at all points version of family values that manip- use us. The bar owners, recruiters or were products and manifestations of a ulates family needs and desires. clients are never blamed for what they structurally-mediated force of circum- Often women and girls are also do to us. I don’t trust the police or the stances, common to although differ- manipulated to fulfil family obliga- embassy. In Japan I hated to be so ing in degree for masses of women in tions, family needs, and family con- controlled. I feel ashamed about being prostitution. sumption, by showing gratitude to in prostitution, but I can’t change my These interacting socio-economic, families, even if it means being sold past. I haven’t told my present boy- political structures, processes and or entering prostitution. friend about Japan. I feel embarrassed relationships underscored by class, • Opening of borders due to globaliza- when people look at me. I think they do gender, ethnicity, that structure Nu’s tion, resulting in remote areas being so because they know I was a prosti- and other trafficked women’s experi- exposed to rapid social change, traf- tute. I talk loud and rudely. I must take ences are as follows. On the supply ficking and prostitution. drugs even now, after being so long in side these are: prostitution . It makes me feel strong.” • Gendered development processes The following structural factors raise Nu went briefly back into prostitu- that interact with patriarchal set- the demand for prostitution: tion sometime after her return from tings, thus marginalizing women • The development of prostitution Japan, even though she had begun from education and the job market into a global sex industry with a vending noodles at a street corner. I and exacerbating gender inequi- more female-specific demand, asked her why. ties and feminising poverty. This circumscribed by gendered con- “I had to earn more when sales were is exacerbated under globalization structions of femininity. poor. It is very difficult to get off night and its unregulated market model • Impoverished and impoverishing life, when you have been in it for long. of development. A huge pool of political processes viz. poor lead- We get used to a non-domestic rou- socio-economically and emotion- ership and governance; economic tine. Society does not accept us. Only ally vulnerable women and children and political tradeoffs between women in prostitution won’t look down are thrown into the circuit of facili- traffickers and public officials; on me, and can understand me.” tated job placement, migration and the lack of political will to impose I asked Nu what she would ask of prostitution for their own and family sanctions against traffickers and society for women. survival. unscrupulous public officials. “Education and decently paying • Acute economic, political and/or • Male-centered ideological assump- jobs for women so they won’t get into social disruption - economic crisis; tions of prostitution that assert that prostitution, and the same for women the collapse of the Soviet Union sex is a male right and that sex and in prostitution so that they can get and East European societies; con- women’s bodies are commodities out; drop in centres like the one I’m ditions of political instability, con- functional to male biology, male in now; penalizing the recruiters and flict, and human rights violations in sexual fantasy and hegemony. mamasans not us. In Japan they tell us which masses of women flee com- • An impoverishment of culture and that if we go to the Thai embassy we munities and countries. spirit manifested in an increasing will be put in jail. So we go neither to • Social exclusion and hence alienation and commodification of the embassy nor to the police for help. heightened vulnerability of certain life, human beings, and human Women should know where to go and groups, such as ethnic minorities, relations. Alienated human beings, find help.” 1 tribal communities, undocumen- with fractured emotionalities and ted migrant workers, stateless psyches, produce alienated sexu- DISSECTING TRAFFICKING, people and those in refugee camps. alities. This raises the demand for PROSTITUTION, CONSENT • Dysfunctional families - death of par- alienated forms of sex, with the Nu’s is the prototypical experience of ents and guardians, child abuse, need for stimulation from newer millions of women for whom prostitu- marital discord and disintegration, and different sexual partners tion and trafficking is a violation of their families that trade their children as –black, brown, women from par- very being and personhood. Nu does sexuality acquires a market value. ticular ethnic groups, children – all not fit the stereotype of the “naïve • Sexual abuse, often predisposing imaged as exotic with the promise and innocent, virgin girl” kidnapped women and children to prostitu- of boundless sexual excitement.

30 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 1 Nu’s decisions, and those of other course. With the growth of the indus- fares, cost of alcohol, the sex acts women circumscribed by these struc- try, the diversification of sex services that can be bought and the price of tural factors are final straw survival and consequently the bizarreness is each act, descriptions of the women’s strategies – not real choices – taken likely to increase, thus intensifying the appearances, performance, ratings in the face of severe constraints and violation of women. of their compliance to men’s wishes a lack or absence of alternatives. This A much more advanced technol- and pornographic details of the sex- reality must be characterized as such, ogy that is being used to sell live sex ual encounter. The women are com- and not as choice which suggests shows over the internet is live video pletely objectified and evaluated on selection from a range of possible conferencing, in which live audios everything from skin colour to pres- options. and videos are transmitted from video ence of scars and firmness of their recorder to computer. Real time com- flesh. Such a rapid electronic medium NEW MARKERS OF PROSTITUTION munication is possible, so the indi- enables men, in a short time and inex- AND TRAFFICKING, INCLUDING vidual can personally watch or direct pensively, to have enough information FOR PROSTITUTION live sex shows, while viewing it on the to locate and abuse the woman who is Prostitution and trafficking, includ- computer. There have been several described (Hughes, 1999). ing for prostitution, have reached documented cases in which children The oldest forum on the Inter- an alarming scale and magnitude in have been sexually abused through net for promoting the sexual exploi- Asia. There has also been a growth live videoconferencing (Hughes, tation of women is the news- and diversification in the purposes 1999). 2 group, alt.sex.services, renamed and institutions into which persons The global sex industry at one alt.sex.prostitution. Aimed at “creat- are trafficked and the forms and level organizes sexual entertainment ing market transparency for sex relat- mechanisms of trafficking . in different venues in any part of ed services” (Atta and M.World Sex Further the industrialization of sex the globe, with women and children Guide, July 1996), postings from this “services” in Thailand with global link- trafficked across borders and clients news group are archived into a World ages is marked by increasing diversi- able to travel to sexual destinations Wide Web site called the World Sex fication, sophistication and specializa- around the world with ease (D’Cunha, Guide, which “provides comprehen- tion of its “product,” - sex “services” 1998a). At another level, with Internet sive, sex-related information about and sex establishments, markets and technology, the client may be in one every country in the world.” The most marketing strategies. The industry continent while directing and watch- voluminous coverage is on Bangkok, caters to a wide spectrum of client ing a live strip show, or the sexual Thailand. The men provide informa- demand in specialized locales and has abuse of a child or woman in another tion on everything from currency enticingly designed marketing strate- continent. exchange rates to how to run a bar gies to attract prospective buyers. The demand for clean and safe sex, tab, to names, addresses and phone Institutional arrangements for the belief that sexual intercourse with numbers of hotels where men will feel prostitution include street operations, a virgin girl enhances potency and comfortable ([email protected], brothel prostitution, massage par- slows down the aging process, the March, 1995). All the city sections lours, go-go bars, beer bars, karaoke stimulation and gratification caused and their specialities are listed and bars, pornography shops, strip thea- by innocence, small bodies, and small described – massage parlours, dis- tres, sex telephone clubs, escort serv- tight vaginas, have resulted in younger cos, escort services, lady houses, ices, live sex show bars, and internet children being drawn into the indus- Japanese clubs, blow job bars. services. Services in sex bars that are try (UNICEF, EAPRO, 1995). With an Web pages with colour photo- integral to the legal hospitality sector emphasis on “differentness, exotica graphs promote special shows in in parts of Southeast Asia include rou- and mystery,” women of diverse eth- Bangkok where men can pay to see tine heterosexual sex, same-sex pros- nic groups and nationalities, as well women smoking with their vaginas, or titution, go-go, or lap dancing where as young children, are being incorpo- razor blade shows in which a woman the women dance half or fully naked rated into the sex industry (D’Cunha, dances and pulls out two dozen razor on a dais, or where the dancer sits 1998a). blades connected by a string from her on a man’s lap gyrating, twisting and Apart from glossy brochures, vagina. At another Web site, a man explicitly stimulating him, high-priced leaflets, explicit and implicit adver- describes a show in Bangkok in which kinky acts and live sex shows. These tisements in tourist guide books, the a woman dances with two pythons latter events include specialized and Internet has become the latest and the and inserts the head of one into her hazardous acts for public entertain- most highly used site for the promo- vagina (Anonymous, 15 Jan.1995). ment such as the genital insertion and tion of such exploitation. Agents offer Some men posting information on ejection of razor blades, glass bottles, catalogues of mail order brides with the alt.sex.prostitution newsgroup are darts, cigarettes, snakes, and birds girls as young as 13, and advertise quite blatant about their misogyny and through the control of vaginal and commercial sex tours. Men exchange sadism. Others describe “bad experi- abdominal muscles; public displays information on where and how to find ences” in which they didn’t get their of sex with animals; and double act women and children in prostitution, money’s worth, or the woman didn’t heterosexual and homosexual inter- hotel prices, telephone numbers, taxi keep up the act of enjoying the ses-

32 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 3 sion. Her pain, disgust, disorientation been an integral part of tourism that of seasoning break a woman’s will, dis- and disassociation showed. developed as an industry in parts of tance her from her previous life and The men exchange information on Southeast Asia since the 1970s and impose a new ethos on her. Seasoning child prostitution. One man says, “In was one of the largest sources of is a well- institutionalized mechanism Bangkok there is child prostitution. I foreign exchange in these countries of control, ensuring perfect obedience have been offered 9-year olds, and in the 1980s. Promotion strategies and enslavement. It subjects women 14 year-olds are not uncommon.” His sold the promise of escape not just to forced identification with and solution: “If child prostitution turns you to breathtaking landscapes, but also subordination to the brothel manage- off, be careful when you select your girl” emphasized the feminine mystique, -- ment or to pimps, and it is one of the (Anonymous Bangkok, date unknown). the exotic and sexual lure of women as worst forms of dehumanization, as it On this newsgroup, the men tell each a significant comparative advantage of means a complete loss of freedom. other that they can exploit women and the country’s tourist industry (UNICEF, The woman begins to live only for girls for sadistic practices. EAPRO, 1995). Corporate rest- and the present realizing that she has no “The hotel girls are usually young- recreation-trips to these countries control over her economic, emotional, er than most other ‘available’ girls in were offered as performance incen- physical and sexual life (D’Cunha, Bangkok, 14–15 year-olds being rath- tives and rewards to rejuvenate corpo- 1991; Interviews with Indian, Thai, er common. They are in fact ‘owned’ rate warriors. A German survey pub- Filipina Women in Prostitution, 1991, by the hotel, which means that you lished by the German Health Ministry 1998, 2001). can treat them more or less any way in 1995 revealed that in 1990 about Trafficked women and children are you want – and many men do. Hotels 30 per cent or 50,000 of the German first confronted by the immediate ter- like this should be like paradise for tourists who came to Thailand came ror of kidnapping, deceit and abuse. those of us who are into S & M (Sado- only for sexual entertainment (German They try to make sense of what is masochism), (Anonymous, Bangkok, Health Ministry, 1995). happening and figure out a means of Date Unknown).” As in other countries, the sex escape, but all the external points of Finally the industry has high levels industry shows a tendency to grow reference for maintaining identities are of organization and profitability. As in rather than contract. The internal, cut off. They find they cannot escape. the case of every multinational enter- regional and trans-regional movement They are physically confined and con- prise, the sex industry with its global of labour and capital that is relatively cealed, and a strict vigil is maintained connections is well organized and unhindered by both overt and covert over their interactions and move- connected. It has backward and for- institutional structures sustains the ments. The use of barbed wires and ward, vertical and horizontal linkages industry. It results in the generation electrified fences around brothels, among segments of the trafficking- of massive profit margins reportedly or chaining to bedposts3 to prevent prostitution chain, that include local equalling those in the arms and nar- escape is not unknown. In the case of and international crime syndicates. cotics trade. This large-scale accumu- transnational trafficking, the appropri- It has contacts with other local or lation of capital takes place through a ation of travel documents by traffick- international crime groups, connec- progressive appropriation and deci- ers, as well as the women’s illegal sta- tions with centres of political power mation of women’s and children’s tus, make escape difficult as they fear and legal enforcement that openly or bodies, sexualities and entire beings. arrest, imprisonment and torture. The tacitly comply with the operations of management threatens women with the industry. It is also linked with the THE TRAFFICKING-PROSTITUTION physical and mental torture or even legitimate corporate sector. EXPERIENCE: CUMULATIVE HARM death if they try to escape Sex trafficking is closely linked to AND VIOLENCE Confinement is a regular prac- crime networks involving drug and From the instant women and children tice especially for minors and new gun running, car thefts, burglaries, are procured for prostitution, espe- recruits. Owners of sex establish- illegal hiring of illegal migrants, corrup- cially in more controlled institutions, ments only allow the women to go out tion, immigration criminality, visa and they are seasoned. Seasoning includes unescorted when they are seasoned, passport counterfeiting and money practices like changing the individual’s are much older and when their earn- laundering (International Center for name, denial of money for travel, ta- ing potential has decreased, or when Migration Development Policy; 1999). king away travel documents, threats by the purchase amount together with The expansion and consolidation brothel/bar owners to report the illegal substantive profits have been recov- of the sex industry with its transna- status of recalcitrant women to the ered. Women in Japan and Singapore tional linkages has been aided by its police, turning women over to gang- report being freed after repayment of incorporation and contacts with legiti- sters, or selling them again at double debts and when clients buy them out mate branches of the corporate sec- the debt. These practices are coupled (D’Cunha, 1991; Interviews with Thai tor -- the tourist, entertainment and with harsher methods – verbal abuse, Women Trafficked to Japan and Sin- leisure industry, the travel and trans- isolation, starvation, drugging, beat- gapore, 1991, 2001). port industry, underground narcotics ings, burns with cigarette butts, knife Once in prostitution a woman real- and organized crime. For example, wounds, putting the woman out in the izes that she has no control over the organized sexual entertainment has snow, and gang rape. These methods choice of client, the pace or price of

32 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 3 work, or the nature of the sexual activ- he is joined by several of his friends. Further the sexual “service” provided ity. She is the shared property of any Even in Thai bars in the entertainment in prostitution is not just routine sex, male who can pay a price for sex and sector that are supposedly less restric- but perverted, violent sex that men for her body. The client either states tive than Thai brothels, several subtle are unable, or choose not, to engage his preference for a particular woman and overt pressures operate to compel in with a wife or girlfriend. These “ser- in the bar or is directed by the owner/ women to take clients out. Choy, who vices” include sex between a single manager to women who are unen- works in an a go-go bar in Pattaya, client and several women, slashing the gaged. Thiem, trafficked from a Pat- reported: “I must take a minimum of woman with razor blades, strapping taya bar into prostitution in Singapore, 6 clients out per month, failing which women to bedposts and lashing them reported: “Our owner in Singapore my wages are cut. Also tour guides till they have welts on their bodies, would receive orders over the phone. and agencies bring clients to the bars, biting breasts violently, making the He would take two or three girls that and the rule is to go out with the cli- woman whip the client till he bleeds, fitted the clients’ demand, by car to ent to ensure better business and making her urinate or defacate on the hotel. We would be scrutinized keep the tour agencies happy. We risk him, inserting hazardous objects by the client who would make his being fired if we don’t” (Interviews into the woman’s vagina, ducking the choice” (Interview with Thiem, 2001). with women in 1991, 1998, 2001). woman’s head into a bucket of water The women have to entertain clients The condition of contract women in and being gratified when she choked who are physically unattractive, dirty, Australia, and the high debts paid by and sputtered (D’Cunha, 1991; Inter- drunk, diseased or violent. Failure to the women under long term arrange- views with Thai and Filipina women in do so incurs verbal or physical abuse ments, bind them into dependency 1991, 2001 respectively). from the brothel keeper (Interviews and enhance their vulnerability to Women in prostitution are often with Indian, Thai, Filipina women in prostitution racketeers. raped “on the job”, or are forced to prostitution, 1991, 1997 2001) Further, the physical or mental go beyond the terms of the agree- Women seldom have control over state of the women is of no con- ment with the client. This includes the number of clients they are made to sequence to the owners. They are agreements to engage with a single entertain. In a 1998 case of trafficking forced to take clients even when ill, client, but being gang-raped instead of Thai women into Melbourne, Aus- depressed, menstruating or pregnant. by several of his friends, non-pay- tralia, the brothel – a legal one – was a Choy states: ment or being paid less than the sex factory with women forced to take “I was once badly injured by a cli- agreed-upon amount, demands for a minimum of 500 clients without pay- ent who inserted an iron rod into my oral or other forms of sex when the ment, to repay a debt of A$ 40,000 vagina, causing severe vaginal bleed- negotiations had been for straight sex. that could be unilaterally increased. ing, inflammation and pain for over 10 Most women do not seek any kind of After repayment, women would be days. The doctor asked me to take a help, nor do they report the rapes to paid A$ 40–50 per client (The Age week’s rest. I could not afford to lose the police, knowing that they would be 11/5/1999; Maltzahn, 2001). Living so much money, as our wages are told they asked for it. in conditions of complete bondage, cut if we stay at home when ill. I had Common responses of the women these women were made to work 12 to work despite the pain, soreness to clients are disgust, fear, resent- hours a day, 7 days a week to meet the and bleeding, knowing too that this ment, indifference, feigning cheerful- target so that they could start earning increased chances of infection. Fur- ness and enjoyment of sex, play-act- money (The Age 21/8/1999). Police ther, the client insisted it was menstru- ing and pandering to clients, jeering at admitted at least three Melbourne al blood and complained against me to clients who fall prey to their pretenc- brothels used contract girls who had the owner. The owner believed me but es, and perceptions of the client as a to sleep with 700 clients each, with- did nothing to the man” (2001). source of income. Some women are out payment, to meet their contract Another woman, Tik, who was also attracted to and fall in love with terms. Industry figures name more employed in a sex show establish- clients. “The girls in prostitution I’ve than a dozen Sydney brothels par- ment in Pattaya, reported: “I once cut talked with, have distorted notions of ticipating in this trade (The Age; 6/6/ myself while drawing razors out from sex,” states Patricia Green. “They see 2001). Women are driven to entertain my vagina. I was bleeding and in pain. intercourse as disgusting, and asso- as many clients as possible to repay Apart from making me pay the medi- ciated with deception, pain and vio- debts faster. In Thai brothels the aver- cal bill, my owner said he would cut lence. Few equate sexual activity with age is 7 clients a day on weekdays, my wages if I didn’t report to work the loving and caring and view it simply and nearly twice as many on week- next day. I reported ill” (Interview in as a means of economic exchange.” ends (UNICEF, EAPRO, 1995), while 2001). Patricia Green, Director of the Women experience humiliation in in brothels in Kamatiupura, a well- Rahab Ministries in Bangkok states: being treated like pieces of flesh. They known red light district in Mumbai, “I’ve interviewed girls who were feel dominated and powerless. “Even India, women entertain 5–7 clients knocked unconscious for refusing when you knowingly enter prostitution, a day on average. Some women are to work while menstruating.” Failure or don’t have violent clients regularly, taken out for the night by a client and to conform to the imperatives of the it is very difficult to get used to your sometimes, without prior agreement, establishment meets with violence. body being touched and prodded by

34 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 5 a series of strange men each day. Also CONSEQUENCES TO WOMEN’S consciousness. They treat themselves constantly having penetrative sex can HEALTH AND WELL-BEING or go to “quacks.” Those who enjoy be uncomfortable and painful. So we The long hours of work, lack of rest, greater freedom go to cheaper medical have to devise our own ways to cope inadequate food, poor sanitation, and centres, private practitioners, or govern- with it,” states Thiem (2001). the sadism and violence in the life ment hospitals. Women routinely take Dissociation from the client and the of women and children in prostitu- pills provided by the establishment, or sexual act is a very common survival tion predispose them to numerous bought over the counter, to suppress technique used by women in prostitu- health and well-being problems. menstruation and avoid pregnancy, so tion. “Before each sexual encounter, They suffer from pulmonary tuber- that they can toil continuously, repay I am seized with the fear of client vio- culosis, anaemia, hepatitis-B, and debts faster, save, and avoid the own- lence or of contracting disease. I block sexually transmitted diseases (STDs) ers’ wrath. They often undergo unsafe these thoughts out and think of the such as chronic syphilis, gonorrhoea, and self-induced abortions, by using hardship of my family, especially my and general herpes; gynaecologi- abortifacients or by stamping on and mother who is a nervous wreck, and cal ailments like pelvic inflammatory punching their stomachs (Interviews the income needed to sustain them,” disease, inflammation of the uterus, with Thai Women Trafficked to Japan, says Choy, “or the day I meet my sav- leucorrhoea, vaginal inflammation 1991, 1998, 2001). Thiem reports: “I ings target and return home,” says and irritation, vaginal bleeding caused consumed some medicine which took Mon (2001, 1998). Other methods of by soreness and multiple sex partners, 14 hours to cause an incomplete abor- survival are use of alcohol and drugs, and cervical cancer; physical injuries tion. I finally went to a clinic, where the avoidance of deep kissing, and trying such as cuts, bruises, orthopaedic doctor used the suction. I began work- to avoid penetrative and oral sex. Sr. injuries and in more extreme cases ing three days after the abortion and was Supaporn of the Fountain of Life Cent- severance of body parts and murder hospitalised within a fortnight with severe er, Pattaya, adds that “Some of the (D’Cunha. 1991; Interviews with abdominal pain. The doctor said my girls insist on condom use, or develop women in prostitution, 1991, 2001; uterus was inflamed” (2001). Sr. Supa- ways of slipping on the condom with- and with Sr. Supaporn, Fountain of porn reports: “Several of the women suf- out the client’s knowledge, not just as Life Center and Khun Anong, Pattaya fer acute haemorrhaging after abortions, a disease or pregnancy prevention Rak Medical Center; 2001). and I know of one woman who died after mechanism, but to avoid skin contact. In the case of prostituted children, trying to abort in the fifth month of preg- They thus ensure physical and emo- rectal fissures, lesions, poor sphincter nancy”(2001). tional detachment and a preservation control, lacerated and ruptured vagi- The level of awareness of STDs and of their integrity” (Interview, 2001). nas and uteruses, perforated anal AIDS is superficial. Women know they Dah confirms that “When a condom and vaginal walls, peritonitis, venereal can die of AIDS and that one way to breaks, I rush to clean myself, not only disease, lacerated and mutilated bod- protect themselves is to insist on con- to protect myself against disease and ies, chronic choking from gonorrhoeal dom use by clients, or to use female pregnancy, but because I feel I have tonsillitis, and death are problems condoms. Most men, barring some become dirty physically and morally.” largely related to adult sexual contacts farangs, do not use condoms, as they Sr.Supaporn states: with children. Little girls who become insist it diminishes sexual pleasure. “Other coping mechanisms are pregnant are often unable to sustain The women, even those in the hospi- dressing well to feel good and more a pregnancy or childbirth. They strug- tality sector, say they have little bar- presentable than more simply dressed gle in labour for several days and die gaining power to ensure condom use, women, bragging about the number of (D’Cunha 1991). Young girls may also and the establishment owners do not clients and the compliments received, be particularly at risk for HIV infection. make it mandatory for clients. There dreaming about what they will do with They are unable to negotiate the terms is a high level of breakage due to poor the money earned, trying to forget about of sex. Preliminary medical research quality and improper use. Female the pain. The hardened woman who also suggests that the younger the girl, condoms are seldom used as they tries to prove that she enjoys prostitution, the thinner the mucous membrane of are uncomfortable, inconvenient and and is the toughest in the street is no less the genital tract compared to adult expensive (Interviews with Women in a victim. Her reactions are a defence and women. The membrane is thus a less Prostitution 1991, 1998, 2001). survival mechanism, a crutch to her ego efficient barrier to viruses, and less Despite violations rendering and self worth” (2001). efficient in producing mucous which women vulnerable to HIV infection, “Girls often become desensitised,” has an immune function (UNDP, they also suffer other abuses related reports Patricia Green. “They say things undated). to their actual or perceived HIV status. like ‘I no longer care what happens to Women’s access to health services Some of these are: me, or nothing worse can happen to is poor because of their illegal status • Stigmatization of women and chil- me now.’ They talk only about what and that of the establishment employ- dren with HIV infection or full blown happens to others. Many girls who are ing them, the expense, pressures of AIDS. out of prostitution are often unable to engaging in constant sexual activity, • Mandatory HIV testing and lack of recall their life in prostitution, or particu- disparaging attitudes of medical per- informed consent, which is both lar events at that time” (2001). sonnel, and the women’s lack of health intrusive and an ineffective means

34 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 5 of reducing the spread of infection. little sense of past or future, which prostitution and its determinants. Tra- • Mandatory health testing that is de could be a form of escapism and a ditional social constructions of sexua- facto discrimination against women result of severe trauma (Interview with lity have by and large distinguished and children in prostitution. The Patricia Green, 2001). male and female sexuality, project- official policy for mandatory test- Psychological disturbance also ing the distinctions as biologically ing is to sanitize women for clients, assume the form of dreams, hysteria determined and hence natural and and to ensure public health. Yet the and nightmares about being resold, inevitable. In these constructions, the customers, owners, and controllers attacked and chased, insomnia, lack male body and sexuality is invested of the sex establishments are not of sanity, fear and revulsion of men with potency, purity and creativity, the subjected to mandatory screening, and the sex act, fear of violence, fear female body and sexuality is deemed although male-to-female transmis- of returning home without money and inert, receptive, polluting and func- sion is much higher than female- being beaten and resold, fear of new tional. to-male transmission (Human caregivers and authority figures, dis- Prostitution is ideologically predi- Rights Watch, Global Report on trust and suspicion of people, difficul- cated on the patriarchal assumption Women’s Human Rights, 1995). ties in confiding, aggression, feelings of the universality, inevitability and • Reluctance to provide test results of anger towards those who tricked, social necessity of male sexuality. to patients even when the latter abused and sold them and a strong Traditional rationalizations of the exis- have requested this information. desire to punish them, destructive- tence of prostitution, argue that irre- • Inadequate, or absence of, pre/ ness and even suicide.The obsession pressible male sexuality that is inhib- post test counselling. with physical appearance, beauty aids, ited from being expressed can result • Different medical confidentiality clothes and other accessories; the con- in the rape of innocent women and standards for men and women. stant pandering to men and the yearn- erode the family structure. Male sex- The absence of confidentiality, and ing for male reassurance, love and sta- ual potency consequently demands easy access of public officials to ble marriages; the routine shifting of the existence of a separate category the women’s records, have result- identities from being “straight respect- of paid publicly sexualised women to ed in brothel keepers’ knowledge of able mothers” by day to clandestine contain what cannot be fulfilled within test results. They then exploit this prostituted women in sex establish- socially legitimate contexts of sexual knowledge, expelling those found ments by night, are constant pressures expression such as marriage. Women infected, and maximizing profit by that negatively impact the health and in prostitution thus exist as sexualised, bringing in “clean girls” and charg- well-being of many women in prostitu- commodified bodies to be appropria- ing higher prices for them. The tion (Interviews with women in Prostitu- ted, dissected, fragmented, used and ordeal of Burmese women and girls tion; 1991,1998, 2001; Sr. Supaporn, abused in the interests of male biology expelled from Thai brothels when Fountain of Life Center; Sr. Meg Gal- and its need for variety, sexual fantasy they tested HIV positive, continues lagher, Catholic Commission for Migra- and hegemony. The construction of upon their arrival on the Burmese tion; Patricia Greene and staff, Rahab prostitution and women in it endorses side of the border. They are pun- Ministries, 2001). endemic institutional violence against ished by the Burmese government Patricia Green reports that for chil- women – the means necessary to sa- for unauthorized emigration and dren, “Values and family relationships tisfy this inevitable notion of male sex- involvement in prostitution, and are confused, and most children have uality. (D’Cunha, 1998b). for contracting HIV/AIDS (Human strong feelings of denial and inner con- Women in prostitution report that Rights Watch, 1993). flict about their families. They cannot even the standard act of prostitution reconcile parental love with being sold – coitus, with a range of strangers – is Women and children in prostitu- by parents into hell.” A frequent refrain violating. They therefore have to dis- tion also suffer severe psychological is: “If my parents loved me how could sociate emotionally and to engage in trauma manifested in stress, depres- they have sold me into this life. These complex diversionary tactics to cope sion, excessive emotional attachment, girls have lost their childhood, have and survive. This kind of sexual expe- attention-seeking behaviours and been forced into an adult life, have lost rience, which involves the separating disorientation. Impaired learning abil- their innocence, their body, their sense of the most intimate parts of one’s ity, short attention and memory spans, of self – lost everything and have no physical and psychic being from one’s forgetfulness and lack of concentra- future.” As Ah Sor says, “I feel jai haay emotions and total person, is indica- tion while performing even simple – that my heart has gone from me.” tive of the objectification and deper- tasks, the tendency to escape into sonalization of women in prostitution. sleep or fantasy, lack of motivation to THE SEX AND SEXUALITY A woman in prostitution becomes consider alternatives, make decisions, OF PROSTITUTION alienated from sexual intimacy, sexual or make efforts to plan a future even To fully grasp the health and well being pleasure and control over her body though they wanted to study and consequences of prostitution and sex and sexuality. At the same time, from work, are some manifestations of this trafficking, and how integral violence the perspective of the woman, disso- disorientation. There appears to be a is to the sex industry, it is necessary ciation may be an assertion against strong present-time orientation and to understand the sex and sexuality of male arrogance and domination, as

36 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 7 well as a defence against fusing their ishment of the sexuality of prostitution the body. emotional lives with prostitution. that women already experience, this State structures, laws and public policy In the final analysis, sexuality in enjoyment of inflicting violence on the underscore the expression of these prostitution is ultimately the male client can mark a further and different social constructions of women and the sexual experience. It is he who enjoys kind of erosion of the woman’s spirit female body, as exemplified in prosti- the power of money, conquest, ego and psyche. tution legislation where only women in and sexual gratification and who acts Another dimension to the vio- prostitution are criminalized as sexual out his misogyny with impunity. It is lence of prostitution can be seen in reprobates, offending social prescrip- he who deludes himself into believing the vilification of women in prostitu- tions of ideal womanhood (D’Cunha, that he is the subjective choice of the tion. Supposedly, women’s sexuality 1987, 1991, 1992). The specific cons- woman or several women. Men justify is functional to providing male sexual truction of women in prostitution, their this abuse in many ways including that pleasure and, outside of prostitution, invisibility, their social, moral and legal the sex of prostitution is part of their to procreation. At the same time, castigation and isolation, combine to biological drive, an expression of mas- however, the significance of wom- conceal and intensify their oppres- culinity, takes place between two con- en’s sexuality is denied through its sion, including sexual oppression. This senting individuals, is part of the indig- disparagement. Women in prostitu- increases their vulnerability to and enous culture, and a sexual experience tion are constructed as social and dependence on the organizers and that the women ask for and enjoy. Pay- sexual necessities for men, yet they controllers of the sex industry. ment for sex is another conscience sal- are demonised as undesirable neces- The consequences of this person- ver (Interviews with Male Buyers in a sities, social evils and a blight on the al, social and sexual denigration for Patpong and Pattaya Bar, 1991). social body. Thus it is women in prosti- women are many: The social construction of male tution who are made to bear the brunt • A negative identity and conscious- socialization and sexuality often inter- of social disapproval and who are ness of women in prostitution who acts with their alienating living and framed as repositories of vice and pro- are socialized into a culture of sub- working conditions to produce atom- miscuity, a threat to established conju- mission, thus finding it difficult to ized, fragmented individuals with gal and familial norms, deviants from perceive themselves as worthwhile fractured psyches and emotionalities. prescribed social and sexual codes human beings and as surviving This gives rise to alienated sexualities for women, corrupters of public moral subjects (D’Cunha, 1998b). and newer kinds of sexual demands: sensibilities, and conduits for filth, pol- • A violation of economic, civil, politi- newer sexual partners, newer forms of lution, contagion and disease. cal, social, physical and sexual sex, including twisted and violent sex The woman in prostitution is the rights based on prevailing sexist inflicted not just on women, but that ‘dangerous, polluting and menac- values that women who engage the client may order to be inflicted on ing evil’ whose body and sexuality in commercial sexual activity him (D’Cunha, 1997). must be controlled and regulated in have no right to refuse male sex- Certain types of sexual activ- the interests of the wider community ual demands, or set the terms of ity demanded by men, such as the and society. While her functionality sexual encounters, thus rendering demand to be dominated, may indi- is emphasized and her existence in a women in prostitution vulnerable cate the desire to withdraw from the sense both encouraged and tolerated, to rape with male impunity. Women pressures of conforming to socially her inconvenience is handled by situ- who supposedly have said “yes” to prescribed aggressive male stere- ating her at the margins of social exist- prostitution are denied the right to otypes. Even in sadomasochistic acts, ence, driving her into back alleys and say “no” to rape and, in fact, are in which women in prostitution are behind close doors away from public blamed for being raped (D’Cunha, made to enact sadistic acts against gaze, controlling, regulating and invisi- 1998b). men, a client may experience himself bilizing her(D’Cunha, 1998b). • Women in prostitution historically as all-powerful because in the pain targeted as sources and transmit- and suffering that he commands, he Women are thus cast into two distinct ters of STDs and now AIDS, with demonstrates a martyrdom that he has categories in binary opposition to the attendant fear that women’s chosen (Barry 1979). Any guilt that he each other -- the homebound wife diseased bodies will render males may have had is wiped away by the responsible for social and biological dysfunctional, thus eroding produc- price paid, indicating the emotional reproduction and the publicly sexuali- tivity and the social fabric. Govern- and sexual poverty in men. Women sed woman who is both sexual temp- ments have consequently over the report their own shift in response tress and provider of sexual pleasure. years justified the social and legal from initial resistance and revulsion These rigid constructions permeate control of women in prostitution to brutalizing the client, to enjoying the individual and collective consci- as a public health measure, while the act. A Filipina woman in prostitu- ousness of both men and women, showing blithe unconcern for the tion reports: “They deserve a good creating a restricted and distorted other health problems of women in whipping and my bodily integrity is human understanding of what is pure prostitution (D’Cunha, 1998b). maintained” (D’Cunha, 1998b). In and impure, moral and immoral, • Contains women’s efforts to organ- addition to the alienation and impover- natural and offensive about sex and ize for their rights.

36 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 7 ADVERSE IMPACTS OF NORMALIZED more recent position that has partially women in prostitution while preg- PROSTITUTION ON HUMAN COMMU- emerged in response to the limitations nant. “Pregnant women may find NITIES: LEARNING FROM THE EXPE- of legalized prostitution, arguing for themselves with a whole new group RIENCE OF OTHER COUNTRIES elimination of state controls that legali- of clients who find pregnancy a turn zation imposes. It is rooted in liberal on. In addition, if offered the serv- Legalization and Decriminalization feminism that views prostitution as a ice, a surprising number of men find of Prostitution: similarities and dif- conscious, rational, choice of women in drinking breast milk either arousing ferences a patriarchal and discriminatorily-struc- or soothing” (Sullivan and Jeffreys, Governments the world over have tured job market, equating prostitution 2000). historically invoked multi-pronged with other woman-specific “jobs” to • Once normalized, the industry can- strategies to address trafficking and which women in particular are rele- not easily be controlled. Nor can prostitution, the most common being gated. Decriminalization of prostitution women in prostitution be rendered legal strategies. The normalization of argues that prostitution be recognised “respectable professionals,” or the prostitution by law, either through as a valid form of work, an expression harm to them minimized. Normali- legalized prostitution or more recently of women’s autonomy, self determina- zation simply endorses an institu- the liberal demand to decriminalise tion and human rights; that prostitution tion that is premised on the avail- prostitution, are contentious issues. businesses and third party manage- ability of non-domestic women for Legalised prostitution institutionalizes ments be removed from the purview of sexual use and abuse by men, and prostitution as a legitimate sector of criminal law and state regulation, and on the increase of capital accumu- society, although it is subject to state instead be subject to labour law like any lation from the exploitation of sex regulation and control. Under this other business; and that state controls and women’s bodies. Further, the system, women in prostitution must on the women be likewise eliminated. It more bizarre and brutal the acts, register with designated authorities as distinguishes between free and forced the higher will be the price and the prostitutes to obtain a licence to prac- prostitution, adult and child prostitution, profit to the industry, and the great- tice prostitution. They must undergo and prostitution and trafficking, and er resistance there will be to meas- regular and mandatory medical argues for the introduction of traffick- ures like harm minimization and examinations for sexually transmitted ing laws to penalize traffickers, assert- penalties that erode profits. Abu- diseases, and adhere to a host of other ing that these laws should be separate sers will be redefined as respecta- local rules and controls, such as oper- from labour laws governing prostitution ble, powerful entrepreneurs and as ating in designated areas. Violations of in general. these structures of normalization state rules and controls incur penal- The following issues raised by the get entrenched, it will be virtually ties. Brothels are also issued licences, legalization and decriminalization per- impossible to do away with legal- contingent on certain conditions. spectives on prostitution warrant care- ized or decriminalized prostitution Historically, legalized prostitution ful consideration. (Sullivan and Jeffreys, 2000). has been justified as a public health • The normalization of prostitution in • Decriminalization does not ade- measure to curb the spread of STDs, both the legalisation and decrimi- quately address the structural with women being scapegoated as nalisation approach sanctions an forces conditioning a woman’s responsible for the spread, and hence exploitative and oppressive insti- entry into prostitution and keeping controlled as a means of containment. tution that has emerged from the her there, and ends up enforcing Further, legalized prostitution is pre- historical vulnerability and subordi- deceptive categories of free/forced mised on the patriarchal assumptions nation of women, and the histori- prostitution. Distinctions between that prostitution is a necessary, uni- cal right of men to trade them as free and forced prostitution, child versal, inevitable social evil, functional objects for sexual use (D’Cunha, and adult prostitution, and traffick- to male biology and hence impera- 1991, 1992; Sullivan and Jeffreys, ing and prostitution are artificial. tive for the preservation of the sexual 2000). What becomes blurred are the links integrity of innocent women, for the • The normalization of prostitution between the decision to prostitute preservation of the family structure, as an industry will result in greater and the circumstances mediating and the control of STDs and AIDS. product, service and market expan- such a “choice” (D’Cunha, 1997). Legalisation has also been justified as sion and diversification and newer, • At whatever age, prostitution vio- a convenient way of segregating pros- more bizarre and brutal forms of lates human rights, gender equal- titution – an eyesore on the street -- by exploitation. The legalized sex indus- ity, and causes harm to the individ- ghettoising women into legal brothels. try in Australia, for example, was ual. There would however be some Other claims of legalisation are that it quick to recognize that along with a variations in the degree and inten- controls the expansion of the industry, woman’s vagina and anus, all of her sity of harm between individuals, erodes the stigma against prostitution reproductive capacities are sellable and between children and women. and women in prostitution, and elimi- products. The magazine of the Pros- Age-sensitive interventions would nates organized crime from the indus- titute’s Collective Australia, in a 1999 therefore need to be designed. try (D’Cunha, 1991; 1992). piece entitled “The Working Mother However a rigid adult-child distinc- Decriminalised prostitution is a to Be,” highlighted the benefits to tion reinforces the erroneous view

38 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 9 that child prostitution is forced and Women are still pimped into this • The dilemma of penalizing exploita- harmful, but that adult prostitu- brothel, “work” 12-14 hours a day, tive third-party managements, and tion is consensual and not harm- have no right to choose clients, and shutting down establishments on ful. It is entirely possible to protect are subject to violence and abuse. one hand, and the lack of resources the rights of adult women who Likewise, legalization in Germany to provide immediate and meaning- “decide” to remain in prostitution, has increased the vulnerability of ful socio-economic alternatives to without making the adult-child dis- registered women in legal prostitu- large numbers of women opting out tinction (D’Cunha, 1997). tion, causing them to be harassed by of prostitution, on the other hand. • Trafficking and prostitution are inti- the police. Women are arrested out- • The dilemma of penalizing exploi- mately linked, trafficking being the side designated activity spaces even tative third-party managements, main means of supplying women if they are not soliciting. Trafficking, and shutting down establishments and children into prostitution. The pimping and prostitution of women on one hand, and addressing the experience of legalised prostitu- and children continues (D’Cunha, concerns of women who for a host tion in 19th century Europe shows 1991, 1992). of reasons wish to continue in pros- that trafficking increases with the • Legalized prostitution in Australia titution, though not under the con- normalization of prostitution. This has resulted in the expansion of trol of a third party. renders the separation of traf- the industry, and more so the illegal • Difficulties in addressing a growing ficking laws and prostitution laws sector. An investigative report by sex industry, the proliferating insti- under decriminalized prostitution Victoria’s Age newspaper in 1999 tutional manifestations of prostitu- ludicrous (D’Cunha, 1997). found an increase in the number tion and sexual exploitation, most • Legitimising prostitution will thwart of legal brothels from 40 a dec- especially those related to new efforts towards reciprocal, equal, ade ago to 94 today along with 84 information and communication just and empowering relationships escort agencies. Ironically the real technologies. between men and women and will growth area is in the illegal sector. retard the development of humane The over 100 unlicensed brothels There are no easy solutions and over- communities. More boys and outnumbered the legitimate sex arching blueprints. But in our search men will be socialized to maltreat businesses in 1999 and had tre- for answers, we draw on the insights women as normal practice, thus bled in 12 months. Child prostitu- and creative practice of organizations progressively also dehumanising tion, abuse of prostituted women by of women in prostitution and NGOs men. More girls and women will be big business, trafficking of women, working with women in prostitution in drawn into prostitution, violated, especially from poorer countries different countries, as described and and the individual and collective into Australia by organized crime analysed below (Discussions with Pre- rights of women will be eroded. are on the rise. Convicted criminals rana, Saanlap and the Joint Women’s What will be the meaning, value fronted by supposedly more repu- Programme, India, 2001). and outcome of struggles against table people remain in the business sexual harassment and violence (Sullivan and Jeffreys, 2000). CRITIQUING THE INSTITUTION in the home, the workplace or the OF PROSTITUTION, WHILE ORGA- street, if men can buy the right to ADDRESSING DILEMMAS NIZING WOMEN IN CONTROLLED perpetrate these very acts against IN PRACTICE BROTHELS FOR THEIR RIGHTS women in prostitution? What is While we critique trafficking and the Prerana, Saanlap and the Joint defined as violence in one con- institution of prostitution, distinguish Women’s Programme (JWP) are text, without monetary exchange, between the individual and the insti- three NGOs working with women in would ironically be normalized as tution, and recognize the need to prostitution in the brothel areas of work, pleasure, an expression of address the concerns of women in Kamathipura (Mumbai), Sonagachi autonomy and self-determination prostitution, we find ourselves on the and Kalighat (Calcutta), and G.B. in another context just because a horns of a dilemma. At the core of this Road (Delhi) in India, respectively. monetary transaction takes place. dilemma are tensions and complexi- Prerana has successfully catalysed • The experience of countries or ties that arise from criminalizing the an organization of women in pros- states that have legalized prostitu- industry – one practical manifestation titution, with about 20-30 core tion reveals their failure to achieve of the critique – and ways and means members, that expands to about the stated objectives of normalisa- to concretely assist and protect the 200 when larger scale direct action tion. Instead, women have been rights of women who remain within it. is undertaken. All three organizations placed under greater control and More specifically at the ground level, oppose legalisation and decriminali- brothel managements have gained. the problems are as follows: sation of prostitution, and work with The Mustang Ranch of Nevada, • Problems in reaching women in women (and the children of women in located in a county of this state illegal institutions held in conditions prostitution) in conditions of bondage where prostitution is legal, and which of confinement and bondage, and in hoodlum-controlled brothel areas. is the largest brothel in the United catalysing their collective organiza- All three NGOs have a history of about States, is prison-like in appearance. tion for their rights. 15 years of work in their respective

38 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 3 9 areas. Their entry point into this work lords (Prerna and JWP). children into the brothels, and was addressing the concerns of the • Protests against police violence about women and girls who want children of women in prostitution, for against women that take the form to leave (Saanlap and Prerana). the following reasons: of bribes, fines, beatings, sexual • Joining the women’s movement • The children are very vulnerable. favours, and verbal abuse. Pro- demonstrations against price hikes • In tightly controlled brothel prosti- tests took the form of direct con- for essential commodities. About tution, it was only possible to work frontation with abusers, group 200 women in prostitution from with the children – not with the demonstrations at the police sta- Kamathipura joined a demonstra- women. Fifteen years ago, organ- tion, and filing First Information tion against rising prices – a land- izing women in brothel prostitution Reports (the first written complaint mark show of solidarity between was unthinkable. made to the police), against the women conventionally polarized. • Working with children is non- abuser. Outcomes of the protests Women’s groups in Mumbai have threatening to brothel manage- include a new caution among the likewise been supporting women in ments. police, public apology to the victim prostitution in their protests against • Working with children is a way and reimbursement of medical bills police brutality. of preventing second generation for treatment of injuries as well as • Legal training for some of the women prostitution. getting new policemen on the beat in prostitution (Prerana).There are • Reaching the women, if at all, was (Saanlap and Prerana). women who have left prostitution only possible through the children. • Retrieval of women’s belongings and are working as staff in other and money from brothel keepers. Prerna projects in Mumbai. Work with the children included enrol- Actions initially took the form of ling them in the local school, running persuading the owner in the inter- There has been a mixed response day care centres for them, and placing ests of fair play and justice to return from brothel keepers. Some just allow children in hostels if necessary. Brot- the belongings and Rs 8000 of a the women to attend meetings. Others hel owners were persuaded to encou- woman leaving the brothel. When have abused the women or protested rage the women to send their children this went unheeded, group demon- the women’s new assertiveness to to school. Women were reached on strations were organized. This office bearers of the NGOs. Their an individual basis, through the child- resulted in a group of brothel own- response still seems contained at ren, resulting in a gradual building of ers coming to meet NGO office this point. Possible reasons are that rapport with the women. The women bearers to protest the women’s once brothel keepers have recovered gradually began talking about their actions. The office bearers rea- the initial sum paid for a woman or needs, problems, and aspirations. soned that no one should hold girl, plus a substantial amount above Their greatest concern is the wel- what was earned by and belonged that, the control relaxes. Moreover, in fare of their children.4 In addition JWP to another, and that the NGO fully the Indian context that places a high also works on health issues with the supported the women. All the premium on virginity and strongly women, more specifically STD/AIDS belongings and Rs 6000 were stigmatises women in prostitution, prevention through promotion of safe returned. The remaining money was women who have been in prostitution sex practices, in which the co-opera- returned a little later (Prerana). for a few years cannot easily opt out. tion of the brothel managements was • Protests and complaints filed with Brothel keepers know that the women sought. An unintended but positive the police against individual broth- will not easily leave. There have so far outcome of all these interventions is el keepers for specific acts of vio- been no demands to shut down brot- that the brothel managements now lence against women in brothels, hels or any single brothel, which would recognize and respect the work of and against child prostitution. be a real challenge to the brothel esta- these NGOs, and also realize that they • The women in prostitution in blishment. Other brothel keepers are are publicly well-known and well-con- Kamathipura receive information more pragmatic at the present time, nected. or direct complaints about specif- and accede to women’s demands like Although work with the children ic acts of violence perpetrated by going to meetings and picnics. The continues, the organization of women the brothel management or about situation is however dynamic, and in prostitution that has now coalesced induction of children into brothels. there is no knowing when there will be has taken up several rights issues They filed police complaints against a violent backlash. both against the brothel management, individual brothel keepers on these Factors that facilitate the success and the bureaucracy. counts. Saanlap works with youth of NGOs who advocate for the rights • Acquiring ration cards that enable groups from non-prostitute fami- of women in the brothel areas are as access to low priced government lies in the area raising awareness follows: rice, sugar, fuel. The women fur- among them about trafficking and • Long years of work in the area with ther demanded that the cards be prostitution. These groups function palpable results. issued solely in their names, com- also as alert committees, informing • Credibility with the women and pelling the authorities to delete the the police of cases of violence other stakeholders, including non- names of the male pimps and land- against the women, induction of prostitute households in the area.

40 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 1 • Strategic entry point through the DIFFICULTIES IN CONFRONTING and global development processes. children. AN EVER-GROWING AND ENTREN- They cannot be treated solely as • Organizational leadership and CHED SEX INDUSTRY, INCLUDING ‘social’ problems, or by ‘band aid’ and membership is vested in ordinary SEXUAL EXPLOITATION ON THE ad hoc micro initiatives, as these do women in prostitution, and not with INTERNET not address poverty or related causes the brothel management. Citizens’ committees need to put pres- of vulnerability to prostitution and sure on national and local governme- trafficking in strategic or sustainable The work of these NGOs is based nts to take tough action against the ways. On the contrary, they create on strategic thinking and political industry and design and implement and reinforce vulnerability to prostitu- expediency that is grounded in a sub- effective prevention, protection, assis- tion and trafficking. stantive understanding of the complex tance and reintegration measures for realities of prostitution. The organiza- women and children vulnerable to and Responses should: tions distinguish between short and in prostitution. It is also important to • Treat prostitution and trafficking as long terms strategies and have a pro- address the demand factor in prosti- development concerns and place cess view of structures, relationships tution. Creative practice in this area them on national, regional, interna- and change. Some of these strategies includes awareness raising and edu- tional agendas; – such as seeking cooperation from cation for buyers, such as the “First • Ensure a balance between inter- brothel managements in sending the Offender Program” run by SAGE, an ventions providing immediate post- children to school or taking care of organization by and for women in pro- prostitution and trafficking assist- the health concerns of the women, stitution in San Francisco, California. ance and more long-term preven- and seeking active participation of The Hotline Foundation in Bangkok, tive intervention; the management on certain issues Thailand, runs a hotline that can be • Integrate a gender and rights per- such as price rise protests – began phoned by males who have been per- spective into all development and by attacking the softer interests of the petrators of violence, including sexual related interventions on prostitu- management and individual brothel violence. The Foundation provides in- tion and trafficking; keepers. These short-term strate- house counselling and referral servi- • Mainstream interventions on pros- gies, as well as not calling for brothel ces, and runs a television programme titution and trafficking into national closures at any particular site (except every week viewed by 1.5 million and local policies, plans and pro- at a general macro level in law), may people. Violence against women – its grammes in an integrated multi- appear to be compromises. But these causes, the myths perpetuating vio- sectoral manner. This encompass- are necessary at the initial stages of lence, impacts, grievance redress es all government ministries and organizing and are necessary for more mechanisms, and the need for more departments, including national long-term strategies that must be built humane gender relations – is a domi- women’s machineries which can on stronger Government-NGO capabi- nant theme of these programmes. play a lead role; lity and better Government-NGO pre- Technological solutions to the con- • Develop mechanisms to enforce vention, protection and reintegration trol and regulation of Internet sexual and monitor policy and programme plans for women vulnerable to and in exploitation exists in the form of soft- implementation; prostitution. ware that can be used to block por- • Undertake co-ordinated actions at nographic sites. A more sustainable regional and international levels, ADDRESSING THE CONCERNS OF solution, however, is non-gendered involving a range of stakeholders WOMEN WHO CONTINUE IN PROS- education for children and the youth in source, transit and destination TITUTION AFTER BROTHEL CLO- -- values education, gender sensitiv- countries. SURES ity consciousness, sex and sexuality There are some examples in India of education that emphasizes concern, SPECIFIC INTERVENTIONS women in prostitution living and ope- sensitivity, mutual respect and human Anti-trafficking interventions must rating in small communities without dignity – provided in the home, address prevention, protection and third-party control and management, through educational institutions and assistance, including return and after brothels in which they originally various media forms. resettlement. The following preven- were, were shut down. How this works These are experimental initiatives tive strategies have been identified in practice begs further exploration. that address complexities of prostitu- as strategic: Formation of associations of these tion without normalizing it. women to ensure better control and Prevention: Economic empowerment determination over their lives and OTHER MULTI-PRONGED for women and girls well-beings is one mechanism to INTERVENTIONS THAT Interventions for women’s econo- address their concerns. This ought NEED STRENGTHENING mic empowerment must address not to deter the continuing struggle AND CONSOLIDATION unequal gender relations that mar- against the institution of prostitution Prostitution and trafficking has a ginalize women economically. They and the myriad and complex forces complex socio-economic and poli- must enhance women’s access to that create and reproduce it. tical basis linked to larger regional productive resources and to markets

40 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 1 and ensure secure and sustainable • gender and rights awareness rai- care, health care and education; upward economic mobility. Economic sing for families and communities • protective measures, such as empowerment of women and girls to transform attitudes to gender counselling, education, alternative must ensure gender equality in the roles and women’s rights; to re- institutional or foster care, commu- family, community and society at cognize and support women’s paid nity support, for children at risk. large. Specific interventions include: and unpaid economic contribution, • recognizing and valuing women’s and reduce women’s unpaid work Legal strategies paid and unpaid work equally with burden by sharing domestic work; Legislation must protect, promote, men’s at all levels of society; • macro policies that provide for basic give practical effect to the rights of • analysis of the gender impacts of infrastructural facilities like safe, persons in prostitution and those traf- macro economic processes and clean and adequate water, social ficked, especially women and children policies on women’s employment services like free or subsidized child and thus contribute to establishing a and businesses; care, health services etc, and those gender and rights-based culture. • explicitly integrating into policies, that promote the use of appro- Effective prosecutions of prostitution legislation and programmes the priate and affordable labour saving racketeers and traffickers will act as a specific concerns of the particular technologies, all aimed at reducing deterrent and promote and protect the target groups of women that arise women’s domestic work burdens. rights of those trafficked. from their gender roles and the impact of gender stereotypes; Political It is necessary to: • expansion and provision of better, • mainstreaming women into formal/ • amend and/or adopt national legis- paid employment and business informal decision-making bod- lation on prostitution and on traf- opportunities for women consist- ies and fora at various levels; and ficking in consonance with inter- ent with market trends, and in building the capacity of women for national standards, a case in point non-conventional sectors; political decision-making roles; being the UN Trafficking Protocol; • reforming rules, procedures, • building the capacity of leaders and • develop guidelines for the rapid norms and practice of institutional the bureaucracy on transformative identification of trafficked per- service providers to enhance wom- leadership and governance; sons; en’s access to, ownership and con- • developing and building the capa- • decriminalize individuals in prosti- trol over economic resources, like city of constituencies to support tution; land, credit etc. such a leadership and hold lead- • decriminalize trafficked persons, • forging collaboration between the ers and implementing authorities to for illegality of their coerced entry, private sector, government, NGOs account. residence or activities resulting and other institutional service pro- from being trafficked. They should viders on the basis of compara- Providing education for sustainable be able to use their trafficked sta- tive advantage. Governments and livelihoods and resilience tus as a defence in status-related NGOs though motivated to serve • expand opportunities and improve offences; target groups of women, lack a access to formal education for • strengthen provisions for access market orientation; women, girls and boys at all levels to legal remedies, and socio-eco- • building the capacity of women pro- and in non-conventional streams; nomic assistance for physical and ducers and entrepreneurs in product • ensure a match between better psychological recovery; development, production process, education and available job oppor- • provide adequate witness protec- business and financial manage- tunities; tion when charges are pressed ment, access to information, market- • incorporate gender and human against violators; ing, including the ability to effectively rights concerns (including themes • explore options of residency in respond to market change; like trafficking) into school and uni- countries of destination or third • empowering women stakeholders versity curricula; country resettlement, to prevent to recognize and claim their eco- • ensure life-skills and resilience reprisals, or when re-trafficking is nomic rights, including the right to training, that raises awareness on likely; a sustainable livelihoods through the ploys of traffickers, and harms • provide special measures for chil- employment, access to skills, infor- of prostitution and trafficking, and dren in accordance with the Con- mation and markets in accordance provides assertiveness and self vention on the Rights of the Child with international codes of practice, defence training. and the UN Trafficking Protocol; the relevant ILO conventions and • criminalize prostitution racketeers other human rights instruments; Social security and protection of and traffickers and penalize pub- • developing and ensuring enforce- women and children in difficult cir- lic officials involved in prostitution, ment of guidelines for corporate cumstances. trafficking and related activities; social responsibility and good • introduce employment guarantee • make legislative provision for con- labour practice according to human schemes; fiscation of assets of prostitution rights principles and standards. • provide subsidized or free child racketeers and traffickers;

42 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 3 • build into legislation, measures • building women’s capacity to deal tions. to enhance the efficacy of legal with potential exploitation through Demand in these sectors may be enforcement such as: pre-departure gender and rights- addressed by more gender responsive (a)promoting legal literacy, especially based orientation and training, and rights oriented information, analy- among vulnerable communities, that provides information on rights, sis, socialization, awareness-raising, and improving access to affordable available services, where and how counselling and therapy for diverse legal assistance; to access these when needed; sectors and population groups, chal- (b)establishing hotlines and effec- • regulating recruitment and travel lenging: tive information networking sys- agencies, and developing mecha- • dominant notions of womanhood in tems, national and transnational nisms for accountability, including terms of domesticity and depend- co-ordination and co-operation to those that ensure safe living and ence, and manhood in terms of facilitate access to assistance and working conditions compatible active public sphere roles; to prosecute prostitution racke- with human respect and dignity; • prevailing ideas on male sexuality teers and traffickers (including safe • ensuring that people, including as potent and irrepressible, with witness protection programs and trafficked persons have the right to women as fitting objects for male innovative incentives for witnesses seek and enjoy asylum from per- sexual expression; to provide evidence); secution in accordance with inter- • pervasive constructions of wo- (c)conducting in a sustainable man- national refugee law, in particular men’s sexuality as inert and exist- ner legal refresher courses for through effective application of the ing either for procreation in mar- enforcement agencies, gender and principle of non-refoulement; riage or the provision of sexual rights training to identify trafficked • reviewing and harmonizing immi- pleasure in prostitution; victims and treat them in accord- gration laws and policies in accor- • the alienation and impoverishment ance with human rights principles dance with international human of the human spirit expressed in and standards; standards, and an assessment the commodification of human (d)civil society participation (includ- of demand for migrant women’s beings and human relations, and ing those trafficked) in formulating, labour in various sectors; growing human rights violations. enforcing, monitoring legislation • promoting bilateral and multi- This must be replaced with respect and the provision of related serv- lateral agreements that provide for for human dignity, human rights, ices in a manner that centers the the protection of migrant workers, mutuality, and sensitivity in all needs of trafficked persons; especially women; human relations. (e)establishing institutional mecha- • enforcing minimum national nisms to ensure accountability, that employment labour standards for Protection and Assistance for Those include civil society participation. the protection of national and for- in Prostitution5 eign women migrant workers; • Bilateral agreements between Safe migration and citizenship rights • ensuring appropriate legal docu- governments to protect the rights for women and adolescent girls mentation for birth, citizenship and of victims of trafficking. Thailand There are two dimensions to this, the marriage. and Cambodia have concluded a first is related to national develop- Memorandum of Understanding ment strategies that provide decent Transforming male-centered percep- that requires both governments to and sustainable livelihood and living tions, attitudes and practice related protect/promote the rights of and opportunities, that expand choices for to men and women, their bodies and safely repatriate women migrant the community, especially women and sexuality workers. If signed, the agreement children. This might contain migration Prostitution and trafficking are dem- would establish a legal framework and reduce vulnerability to prostitution and and supply driven realities. between the two countries for pro- and to trafficking; The second deals Reducing demand for prostitution secution of traffickers and a joint with a set of gender and rights based and trafficking persons must focus task force on bilateral co-operation interventions that make migration on the institutions into which they are (ECPAT Newsletter, 2001); safe, thus putting a brake on traffick- trafficked. Efforts to reduce demand, • Treat trafficked women as vic- ing. These are: have principally been deterrent mea- tims and survivors of human • generation of data bases on migra- sures via the criminal justice system, rights violations, rather than as tion, disaggregated on the basis of more stringently directed at trafficking “illegal” migrants. In Thailand in sex, age, ethnicity etc, that pro- in children for sexual exploitation, and June 1999, a Memorandum of vide information on sectors of job paedophilia. There have by and large Understanding (Mou) on Common demand, supply, remittances. been a lack of interventions to trans- Guidelines of Practice for Agencies • awareness-raising on the costs and form male-defined ideas, attitudes Concerned with Trafficked Women benefits of migration from a gen- and practice on gender stereotypes, and Children was signed between der-rights perspective in source male and female sexuality, that create the Office of the Prime Minister of sites, in the interests of informed and reinforce the demand for women Thailand, the Department of Social decision-making; in the sex industry and other institu- Welfare, the National Police Forc-

42 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 3 es and NGOs. The guidelines for women can come to share their infor- ing while they await repatriation/ practice define the trafficked per- mation, problems and aspirations and return; son as a victim. They protect, pro- receive concrete assistance; • Countries responsible for repatria- mote the rights of such persons, • Organize reflections/group discus- tion should ensure that repatriated and treat them accordingly. The sions with women at these centres women are not illegally detained MOU also accords foreign women concerning the sex industry and broth- or forcibly tested for STDs or HIV/ and children the same rights as el structures, and their experiences in AIDS, or penalized in any other Thai nationals. Training courses on them, their activities, attitudes to life, way. the provisions of the MOU and how bodies/sexuality, savings, budgeting, to use them, are being conducted investment of savings; Recovery and Reintegration in border provinces for police and • Develop sensitivity to gender • Governments and NGOs should hospital staff, social workers from issues; provide livelihood programmes, public welfare offices and attor- • Provide voluntary counselling to credit schemes, health services, ney generals (ECPAT Newsletter, women that helps them re-define counselling, and legal services 2001); their experience as one of exploita- to aid in the recovery and reinte- • Establish a focal point within tion and survival, rather than being gration of women and children embassies abroad to address traf- morally condemnatory; rescued/seeking help out of and ficking and prostitution cases; • Provide legal assistance and infor- after leaving prostitution; • Initiate alternate livelihood pro- mation to women in prostitution in • Governments and NGOs should grams so that women have real a language comprehensible to the work with the families/local com- options to leave prostitution; individual; protect the privacy and munities from which trafficked • Provide education and skills con- identity of victims of trafficking and women originate to facilitate the sistent with market demand; provide them with information on process of reintegration. Social • Provide creche, educational, relevant court and administrative workers from The Centre for the health, legal and counselling serv- proceedings; and enable women in Protection of Children’s Rights ices for children of women in pros- prostitution to present their testimo- Foundation, Bangkok, visit families titution, and children in prostitu- ny during the criminal proceedings; of children rescued from prostitu- tion. The Centre for the Protection • Permit NGOs to testify on behalf of tion, or other oppressive circum- of Children’s Rights Foundation women in prostitution; stances to prepare families to (CPCR) in Bangkok has estab- • Ensure the physical safety of the understand and accept their chil- lished three multi-disciplinary pro- individual in countries to which dren and facilitate their reintegra- fessional teams – doctors, lawyers, women have been trafficked; tion Families are also provided with psychiatrists, counsellors and law- • Provide compensation for damage welfare assistance. In those cases yers – to deal with cases of child suffered from the seized assets of where it is impossible for children abuse. They meet regularly to dis- traffickers and other perpetrators. to return home, arrangements are cuss cases, share information and made through NGOs and govern- expertise. Following CPCR training Repatriation and Return6 ment networks for foster care, in South Thailand, local child care • Repatriation should be voluntary; institutional placement and for workers are also becoming more • Responsibility for repatriation their formal/informal education co-operative in their case work. It is should be borne by the country in and training in vocational skills. hoped that from these experienc- which the individual is a national, es, multi-disciplinary collaboration or has the right of permanent resi- Research and Advocacy will be institutionalised in state-run dence, at the time of being traf- • Governments should provide finan- programmes nation-wide; ficked. Countries should provide cial support for research and advo- • Provide health education and gen- funds for repatriation in a safe and cacy that are the underpinning eral health services for women in speedy manner; of anti-trafficking policy and pro- prostitution; • Countries responsible for repatria- gramme design; • Encourage safe sex practices for tion should enable timely provision • Governments and NGOs should women in prostitution; of travel documents to those with- conduct periodic project imple- • Ban mandatory testing for HIV/AIDS; out proper documentation; mentation evaluations to help • Maintain confidentiality of an indi- • At the time of repatriation, coun- enhance the efficacy of policies vidual’s health status. Provide tries should give due consideration and programmes. results of health status testing only to the status of any legal procee- to the woman who is tested; dings arising from the person’s traf- NOTES • Provide voluntary pre and post test ficked status; 1. Translated notes of testimony by counselling; • Countries to which women have Thai woman trafficked into Mel- • Provide AIDS care centres for been trafficked should provide bourne in 1998 and recorded during women; emergency shelters and means of hearing by staff of Project Respect. • Establish drop-in centres to which subsistence for victims of traffick-

44 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 5 2. The reference to live video confer- bers Arrested, 17th August; Thailand. Evidences and Methodologies, TISS, encing of sexual abuse of children Bangkok Post; 2001; Foreign Girls 23-25, February, Mumbai. does not explicitly name Thailand Undercut Thai Rivals; 11th February; in the reference cited. Thailand. 1999; Prostitution and Sex Trafficking in Asia: Contentious Issues and Stra- 3. In 1984, four young girls were traf- Bangkok Post; 2001; European Pro- tegies for Action, Paper Presented ficked into a brothel in Phuket, in stitutes Lured into Drug Trafficking at International Conference on Asian South Thailand and chained to Sideline; 11th February; Thailand. Dialogue on Trafficking in Women and their beds to prevent them from Children: Toward the Strengthening of escaping. In a fire accident that Barry.K, 1981, Female Sexual Slavery, Intra-Regional Cooperation, 21-23, gutted the building, all the four Avon Books, New York. March, Tokyo, Japan. were charred to death in chains. Personal Discussions with Thai Chutikul.S; 1995; Women and Com- 2001; Trafficking from a Human women activists during the ISIS mercial Sex Trade in Thailand; Cana- Rights Perspective; Unpublished International Cross Cultural dian Women’s Studies Vol 15, No 2 Paper presented by UNIFEM East and Exchange Programme on Poverty and 3, Spring Summer. Southeast Asia Regional Office, Bang- and Prostitution, 1991. kok at meeting of the United Nations Coalition Against Trafficking in Working Group on Trafficking; UN 4. A very important aspiration and Women, Asia Pacific; 1996; Traffick- Inter-Agency Project on Trafficking in demand of Indian women in prosti- ing in Women and Prostitution in the the Mekong Sub-region; May. tution is to ensure that their children Asia-Pacific. are provided opportunities for a dif- 2002; Gender Equality, Human Rights ferent life than they have had. In view D’Cunha. J; 1987; Prostitution in a and Trafficking: A Framework of Analysis of the high premium on virginity and Patriarchal Society: A Critical Review and Action; Paper Presented at Seminar the acute stigmatisation of women of the Suppression of Immoral Traffic in on Promoting Gender Equality to Com- in prostitution in India, common Women and Girls Act (1956), Economic bat Trafficking In Women and Children in most of South Asia, women see and Political Weekly, 7 November. organized by The Swedish Ministry for no hope for themselves and resign Foreign Affairs, The United Nations themselves to their own fate. 1991; The Legalization of Prostitution: A Development Fund for Women, in co- Sociological Enquiry into the Laws Rela- operation with United Nations Economic 5. Among these are: The Convention ting to Prostitution in India and the West, and Social Commission for Asia and the for the Suppression of the Traffic in Wordmakers, Bangalore. Pacific, 7-9 October 2002, Bangkok. Persons and of the Exploitation of the Prostitution of Others, 1949; 1992; Prostitution Laws: Ideological ECPAT Newsletter, June 2001. the Supplementary Convention on Dimensions and Enforcement Prac- the Abolition of Slavery, the Slave tices, Economic and Political Weekly, German Health Ministry; 1995; AIDS, Trade and Institutions and Prac- 25 April. Sex und Tourismous, Ergenisse eine tices Similar to Slavery, 1956; the Befragung Deutcher Urlauber und International Covenant on Civil and 1997; Prostitution:The Contempora- Sex Touristen. Political Rights, 1966; and the ry Feminist Feminist Discourse, in Convention on the Elimination of Embodiment: Essays on Gender and Green. P; 1994; Prostitution: Children All Forms of Discrimination Against Identity, ed Meenakshi Thapan, Delhi, The Victims, The Effects of Prostitu- Women, 1979. Oxford University Press. tion and Sexual Exploitation on Chil- dren and Adolescents; Unpublished 6. The UN Trafficking Protocol con- 1998a; Feminist Perspectives on Paper presented at a Conference on tains many of these provisions. See Prostitution and Trafficking for Pro- Women, Sexuality and Development, Article 8, UN Protocol to Prevent, stitution, in Violence Against Women, Sydney, Women’s Studies Centre, Suppress and Punish Trafficking Women Against Violence, (eds) Sydney University, November. in Persons, Especially Women and Kuchedkar and Al-Issa, Pencraft Children, supplementing the United International, Delhi. Hughes.D, 1999; The Internet and Nations Convention against Tran- the Global Prostitution Industry, in snational Organized Crime, 2000. 1998b; Women and Female Children Making the Harm Visible: Global Sex- in Prostitution: Their Health from the ual Exploitation of Women and Girls BIBLIOGRAPHY Perspective of the Political Economy (eds Hughes.D,and Roche.C), Coali- Bangkok Post,1991,More Thai Staff of Women’s Reproductive Labour and tion Against Trafficking in Women, Held in Vice Racket , 20th February Sexuality; Paper Presented at the Kingston, Rhode Island. Thailand. Tata Institute of Social Sciences- ILO Workshop on Women’s Occupational Human Rights Watch; 1993; A Bangkok Post; 1991;Thai Staff Mem- and Reproductive Health, Research Modern Form of Slavery: Trafficking

44 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 5 of Burmese Women and Girls into 2000; Coalition Against Trafficking in ficking for Prostitution in Thailand, Brothels in Thailand; Asia Watch and Women International. Commissioned by UNICEF, EAPRO the Women’s Rights Project; Human August-November, 1995, to Center Rights Watch; New York, Washington, Sullivan. M and Jeffreys.S; 2000; for the Protection of Children’s Rights Los Angeles, London. Legalizing Prostitution is Not the (CPCR), Bangkok Thailand. Answer: The Example of Victoria, UNDP, Young Women: Silence, Sus- Human Rights Watch; 2000; Owed Australia; Coalition Against Trafficking ceptibility and the HIV Epidemic, Justice: Thai Women Trafficked into in Women (Australia). undated, p3 Debt Bondage in Japan; Human Rights Watch, New York, Washington, The Age; 1999; Our Secret Slave UNIFEM, UNDP and Southeast Asia London, Brussels; September. Trade; 21st August; Australia. Watch; 1998; Trafficking in Women and Children in the Mekong Sub- ILO-IPEC; 1998; Framework for The Age ; 1999; Pub Boss Pimp region. Action to Combat Trafficking in Chil- Charges; 5th May, Australia. dren for Labour Exploitation in the Yayori. M, 1991, Women’s Asia, London Mekong Sub-region, ILO-IPEC dis- The Age; 2001 ALP Wants Action on and New Jersey, Zed Books Ltd cussion paper, Sub-regional consul- Slavery Trade; 6th June; Australia. tation, 22-24 July, Bangkok Thailand. The Human Rights Watch Global International Centre for Migration Poli- Report on Women’s Human Rights, cy Development; 1999; The Relation- (1995), Trafficking of Women and ship between Organized Crime and Girls into forced Prostitution and Trafficking in Aliens; Study prepared Coerced Marriage. by the Secretariat of the Budapest Group; June; Wien, Austria. The Nation; 1995; Rescued Girls call Brothel Owned by Police a Living Hell, Lim. L, 1998; The Sex Sector, Interna- 10th August; Thailand. tional Labour Office, Geneva. The Nation; 1999; Sex Trade Threat- Maltzahn.K; 1999; Notes from ens New Zealand Visa Rights; 6th Attendance at Glazner Committal May; Thailand. Proceedings; Melbourne Magistrates Court; 30th November, Melbourne, UN Document E/CN.4/1995/42 Pre- Australia. liminary Report submitted by the Spe- cial Rapporteur on Violence Against Mekong Study Centre and IOM; 1998; Women and its Causes and Conse- Return Home: Thai Women. Experi- quences, Geneva, November 22, p50. ences in Migration through Internation- al Trafficking Networks to Japan and UN Protocol to Prevent, Suppress and Reintegration to their Villages in Phayo Punish Trafficking in Persons, Especial- and Chiengrai Provinces, Research ly Women and Children, supplementing Paper funded by IOM, Bangkok. the United Nations Convention against Transnational Organized Crime; 2000. Payne.C; 1997; The Slave Traders of Sydney, Australian Federal Police United Nations Economic and Social Association Journal; Autumn. Council; 2000; Integration of the Human Rights of Women and the Phongpaichit, P.1981; Bangkok’s Gender Perspective: Violence Against Masseuses: Holding up the family Women; Report of the Special Rap- sky, Southeast Asia Chronicle, Issue porteur on Violence against Women; No. 78. its Causes and Consequences; Ms Radhika Coomaraswamy, on Traffick- Raymond. J; 2001 Guide to the New ing in Women, Women’s Migration and UN Trafficking Protocol: Protocol to Violence against women, submitted in Prevent, Suppress and Punish Traf- accordance with the Commission on ficking in Persons, Especially Women Human Rights Resolution 1997/44. and Children, supplementing the United Nations Convention against UNICEF, EAPRO;1995; Prelimi- Transnational Organized Crime; nary Survey on Regional Child Traf-

46 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 7 Prostitution and the Cunning Patriarchy – Towards a New Understanding

Jenny Westerstrand, PhD student in Europe. A similar attitude to prostitu- the internal feminist debate that has Public International law at Uppsala tion has been voiced among a strong existed since the introduction of the University, Sweden sexually liberal, queer political current Swedish Act – a debate in which it is that advocates a free market for prosti- important to take part, especially in PROSTITUTION, AN tution, with arguments borrowed from view of the fact that it is with the sup- URGENT PROBLEM feminist theory about sexuality and port of feminists in the women’s move- Each year, hundreds of thousands of gender. There is, in other words, a ment that a legalisation of prostitution women are exploited in the sex trade heavy artillery against those who are has taken place around Europe. Ger- in Europe. The sex industry is a rap- fighting for a world without sexual many and the Netherlands are exam- idly growing market which combines exploitation of women and children. ples. In Sweden too, there is feminist new technology and criminality in In the light of these developments, ambivalence towards the existence of mobile and highly lucrative constel- the Riksdag (The Swedish Parlia- the legislation, even if it also enjoys lations. In recent years, increased ment) and the Swedish Government strong support. I think it is important to poverty in Eastern Europe, not least were exceptionally clear-sighted and take this ambivalence seriously since among women, has contributed to uniquely daring in their decision to Sweden is alone in the world in its a widespread slave trade in women pass an act of law prohibiting the pur- prohibition on the purchase of sexual spreading over borders and into the chase of sexual services. In so doing, services. I will also discuss aspects of European Union (EU). As a result, they chose a path that refuses to the criticism that has been levelled at governments across Europe have accept women being reduced to com- the legislation, criticism that I will try to had to recognise the sex market for mercial commodities and, instead address. My contribution will end with what it is: an urgent social, economic of capitulating to what may seem to a proposal for new approaches to the and political problem. Legislators be compelling economic necessity, debate on prostitution – a new basis throughout Europe therefore need to that is making the growing sex trade for understanding. define where they stand in relation to accepted, they defined the issue of this market in which women’s bodies prostitution as a political problem. The LEGISLATION ON SHAKY BUT are for sale as commodities, a mar- Swedish Act challenges the sense of WELL-INTENTIONED GROUND? ket which – in most countries – has resignation that characterises much The Swedish position is that prosti- hitherto been unregulated, that is, not European legislation on prostitution. tution is a form of violence against criminalised per se, but not fully legal The Act also challenges deep- women and that the purchase by men either. rooted cultural notions about gen- of women thwarts efforts to achieve As the sex trade expands, so do der, according to which women are a gender-equal society. It is on this the demands for its legalisation. The expected to be available to fulfil men’s basis – in general terms – that the current development of a growing sex sexual needs and desires, notions purchase of sex is prohibited. A large industry linked to serious criminality that in effect are obscured by the fact proportion of the Swedish population appears to have given new vigour to that prostitution is so one-sidedly dis- accepts this analysis, as do many of arguments in favour of making pros- cussed in terms of economic condi- the country’s identified feminists. This titution “accepted”, where the recom- tions. In this, the Swedish Government view differs from the view on prostitu- mended solution to the social prob- and Parliament have shown further tion, for example, in the Netherlands lems associated with the sex trade is proof of their courage and clear-sight- and Germany, where it is regarded as to legalise prostitution but to criminal- edness. an occupation by the Government and ise trafficking. A parallel aspect of this But although I have great respect the women’s movement alike. development seems to be a decline in for the Swedish position on this issue, I But the question is, on what terms interest in gender equality within the want to begin my speech by discussing we in Sweden accept the analysis EU. A worrying example is that gender another aspect, that is, by highlighting of prostitution as violence against equality was “forgotten” in the draft for what I consider to be the weaknesses women? This may seem a superflu- a new EU constitution, drawn up by in the discussions surrounding the ous question, but unless the position the EU Convention on the Future of Act. These weaknesses are related to in favour of criminalisation is based

46 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 7 on knowledge and a broadly sup- ant in some respect, for example, associate themselves from trafficking, ported analysis, it will be easy for criti- because they are unemployed, alco- do not like street prostitution but sup- cism against the existing legislation holics, mentally ill, undergoing crisis port brothels, reject child prostitution and arguments for legalisation to gain or immigrants from patriarchal soci- but not the sex trade in adult women, ground, as has been the case in other eties. Women victims of violence can they distinguish prostitution “per se” European countries. I would there- also be understood to be “special” in from violence and assaults that take fore like to say, somewhat provoca- some way, for example, that they have place as part of the sex trade etc. The tively, that the position in favour of the a high alcohol consumption or a his- same attitude permeates a letter I Swedish Act is from many quarters tory as “victims of assault”. recently received from a man who based more on – what are undeniably Hence, the discourse of distinction calls himself “dentist and paedophile, highly benevolent – political expres- creates a picture of violence against 38 years old”. He writes that “a dis- sions of solidarity with women, rather women as a phenomenon that takes tinction should therefore be made than a fully considered understanding place in the cultural margins of soci- between the true paedophile feeling of the patriarchy we live in. Below, I ety, something that affects a particular and trafficking (traffickers) in human will outline some of the areas in which type of woman and is committed by a beings and brothels. The same goes the pro-legalisation arguments seem particular type of man. Distinction also for those who carry out assaults. A especially seductive and where the serves to obstruct women’s opportuni- true paedophile has no sympathy for pro-legislation position may be on ties to identify themselves as victims either of these groups”. particularly shaky ground. of violence, since the picture of both With the discourse of distinction, perpetrator and victim is of a deviant a broader perspective where we can VIOLENCE AGAINST WOMEN person of some kind. speak of prostitution as an arena for – A FRAGMENTED UNDERSTANDING A consequence of distinguishing the creation and reflection of unequal First I would like to say a few words between different forms of violence is gender relations disappears from view. about violence against women, also that they may end up being con- One gets – so to speak – stuck in the because if we, as the Swedish legis- trasted, being constantly compared fragments without opportunities for a lation does, depart from the premise with “the worst”: “It was just a little greater understanding. And what is that prostitution is a form of violence threat…”. In this way, women minimal- particularly important is that those against women our understanding ise and make light of their experiences doing the purchasing – the men – dis- of violence is of central importance. of violence: a little threat or slap across appear from the analysis. I will return to Given the understanding of violence the face isn’t all that bad when there this distinction later on in my speech. that exists in Sweden, both in main- are women who are raped, or even The fact that those who defend stream research and policies and forced into prostitution, or taken cap- prostitution depart from a fragment- according to the feminist mainstream tive and sold overseas; even children ed understanding that follows from understanding – because such an are victims of sexual assault, forced the discourse of distinction is, per- understanding has now, in fact, devel- into prostitution and some are even haps, not particularly surprising. But oped – I do not believe that it can be murdered, etc. could it also be the case that those used as a basis for criminalisation of Through distinguishing between, who defend the criminalisation of the the purchase of sex. fragmentising and contrasting vio- purchase of sex have a similar basis In brief, the established main- lence, it is easy for the act of violence for their analysis? I will develop this stream understanding of violence can to disappear, both in a societal context question by examining the preva- be said to rest on what the sociologist and in women’s own lives. Instead of lence study Captured Queen: Men’s Nea Mellberg calls the discourse of seeing women’s different experiences Violence Against Women in “Equal” distinction. The discourse of distinc- of violence as being related and inter- Sweden, and by relating first a distin- tion distinguishes between different related, distinction creates rather fixed guishing, and then a coherent, under- forms of violence. Physical violence delimitations between different forms standing of violence to the view of is distinguished from threats, physi- and levels of violence. women in the sex trade. cal violence is distinguished from sex- ual violence, etc. It also distinguishes … CHARACTERISES THE DEBATE A COHERENT UNDERSTANDING strictly between different forms of ON PROSTITUTION OF VIOLENCE gender-related violence: between An examination of the arguments in In 1999/2000, a prevalence study violence in relationships, rape by an favour of legalising prostitution makes of men’s violence against women in unknown assailant, violence against it clear that the discourse of distinc- Sweden was conducted. The Govern- children, violence against immigrant tion not only influences the under- ment had assigned the task of con- women, paedophilia, prostitution, etc. standing of violence within academic ducting the study to the Crime Victim In other words, the discourse of dis- disciplines such as medicine, law and Compensation and Support Authority, tinction is based on a fragmented view psychology, but also permeates the which in turn commissioned Professor of violence. public debate on violence. The view Eva Lundgren and Associate Professor This view also regards men who is that men buy sex, not women, they Gun Heimer at Uppsala University to commit acts of violence as devi- want to normalise prostitution but dis- carry out the study. I was the coordi-

48 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 9 nator of the project, and the report ed Nations (UN) regarding violence in the margins of society. The wom- Captured Queen (Lundgren et al.) was against women. Our definition is also en’s answers also revealed that the published in 2001. The survey, which narrower than that found in a brochure violence exists in a diversity of social was distributed to 10,000 women in recently published by the National and cultural contexts. Sweden and had a response rate of 70 Council for the Protection of Women And even the women who have not per cent, has resulted in a new, coher- Against Violence in collaboration with personally been the victims of violen- ent, understanding of violence. the Counselling Services for Men, ce are affected by living in a society According to the results of Cap- Man slår! Vad gör man? (A guidebook where violent acts against women are tured Queen, violence is widespread for perpetrators and victims of physi- so prevalent. Swedish women live in in Sweden, and among young women cal abuse) (p.26), and if we compare a context of, and with, violence or in in particular. More than one in five our definition with other prevalence the proximity of violence. The findings young women between the ages of studies that are being planned in vari- of Captured Queen also show that 18–24 have been subjected to vio- ous European countries, we can see women are afraid of being subjected lence in the last year, and almost that it is very narrow. For example, a to violence – 85 per cent of women 50 per cent of all women have been planned German national prevalence between the ages of 18–24 are afraid subjected to violence by a man study about men’s violence against of being raped and/or afraid of being since their fifteenth birthday. More women includes numerous actions out after dark. In the same group than one-third of all the women who that we either do not mention, or that almost one in four women has expe- answered had experienced violence we have referred to as “controlling rienced violence in the past year. before their fifteenth birthday (but this behaviour”. also includes violence perpetrated by In the end it probably wasn’t our KNOWLEDGE AND women). One may reasonably ask why definition of violence that was dis- ITS CONSEQUENCES one’s fifteenth birthday would consti- turbing, but the results in combina- The results of Captured Queen indi- tute a dividing line between a peaceful tion with our analysis. We developed cate the need for a new understanding life and one marked by violence. a coherent perspective of violence, of violence. Instead of seeing men’s Women’s experiences of violence and this is where it all got too hot to violence against women as something also proved not to be isolated inci- handle. marginal, a regrettable remnant of dences. Of the women who had been We found so much violence! I men- times past, we need to adopt a per- subjected to violence by an earlier tioned that 46 per cent of all women spective that highlights the ubiquitous husband or cohabitant partner, two reported experiences of violence. And presence of violence in Swedish soci- thirds reported repeated incidences in contrast with what many journalists ety, and thus in the lives of Swedish of violence. The results also showed claimed, these weren’t isolated experi- women. Violence represents a life clear links between different forms of ences. In concluded relationships, for context for both women and men in violence: between threats, physical example – in which more than one in Sweden; it is there when women and violence and sexual violence. three women had been subjected to men examine their lives. Despite the extent to which Swed- violence – just one in five women said With the knowledge gained from ish women report violence committed that this violence was an isolated inci- Captured Queen, it has been possi- by men, or maybe because of this, dence. This tallies with the women’s ble to supplement previous qualita- the report was received with scepti- answers about recent occurrences tive research about violence against cism, and even silence. The critics of violence; almost one in four young women with quantitative results. dismissed the results as uninteresting women has been subjected to vio- The picture we have gleaned of the since we, they claimed, had included lence in the past year. Swedish gender-cultural arena shows everything; our definition of violence Violence does not only take place, men’s superior position and privileges was too broad. What appears to have as we previously believed, within sex- of interpretation in relation to women, stirred bad blood was mainly that we ual relationships but to a considerable manifested in the exercise of violence included threats in our definition of extent outside sexual relationships. (as well as pay differences, promotion violence. This is also the verdict that According to Captured Queen, 25 per opportunities, etc.). Let me therefore the report seems to have elicited in cent of all women in Sweden have mention the sociologist, Stina Jeffner’s, media circles: too broad a definition experienced sexual violence outside a dissertation about views on rape, Lik- of violence, and consequently unin- sexual relationship and more than half som våldtäkt – typ (Like, you know teresting. of this violence is what can be defined – rape). Jeffner’s research illustrates Let me just briefly say that our defi- as gross: rape, attempted rape, the how young Swedish people perceive nition of violence, in which we tried use of sexual force or attempts at this, rape as something detestable and to include different forms of criminal sexual exploitation, etc. despicable when they talk about it, deeds, encompassed rather limited When we compiled and interpreted but that almost nothing actually quali- and specific descriptions of physical the results of the prevalence study, it fies as rape when it happens in prac- violence, threats and sexual violence. became clear that such amounts of tice. Then the men are excused, while It is certainly within the framework frequent violence cannot be perpe- women are held responsible for what of the definitions used by the Unit- trated by a few socially excluded men has happened. In Flickan och skulden

48 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 4 9 (The girl and the blame) the journalist experienced gross sexual violence, extend beyond such limits, into their Katarina Wennstam writes how courts experiences of violence cannot pre- lives in all arenas of society. While we always consider women’s dress and destine women to prostitution. This can acknowledge that women in the sexual history – on the basis of deeply does not sufficiently explain the situa- sex trade are subjected to frequent, sexist notions – when rape cases are tion, and quite rightly, there are a great gross violence by pimps and men heard. I can also mention Lena Berg’s many women who experience abuse who purchase sexual services, we dissertation Äkta kärlek (True love). in childhood but have not ended up in also know that men’s use of violence Berg illustrates how young women in the sex trade. and demands for control over women Sweden balance between the epithets If, instead of placing the focus are present everywhere. “prude” and “slut” and a single inci- on women’s childhood experiences dent can earn them a reputation as a – abuse or not (i.e., on what easily PROSTITUTION “PER SE” whore which is impossible to get rid of, ends up being a question of whether Unfortunately the debate on prostitu- while a reputation as a prude serves the woman is a victim of prostitution tion has a tendency to end up at the to exclude girls from the in-crowd or is there of her own free will) – we individual level, where the proponents and heterosexual relationships. Berg turn our attention to the gender cul- of legalisation put it, and where a speaks of the girl who is “just right”, ture in which prostitution exists, and fragmented understanding of violence the category of femininity that girls are in which all women live their lives, it willingly allows it to remain. Women’s forced into in order to strike the right becomes clear that there are many individual experiences are used balance, and which becomes the pos- cultural imperatives that dictate men’s as arguments both for and against itive femininity they are then expected higher worth than women. For exam- prostitution, and the proponents of to display. In this balancing act, girls ple, being a man involves having urges a free sex trade make full use of the are exposed to others’ interpretations and the right to act on these urges, discourse of distinction. of their behaviour – they have to adapt while being a woman means being If we examine the arguments of their actions to what boys and their available to fulfil these urges (I have those who advocate the legalisation friends can be expected to think of mentioned research in this area, but of prostitution in Sweden, the wish to them. if we were to look at advertising, the separate prostitution and prostituted Berg’s research paper reveals that list would be endless). This cultural women from women’s experiences men exercise a right of definition and context, with the violence that is per- of violence, stigmatisation and drugs demands for control over women; to petrated there against women, is part in the sex trade, in other words the put it briefly, a culture in which gender of a common arena of life for women wish to separate prostitution “per se” is created in terms of men’s rights of in this country. from circumstances “surrounding” it interpretation over women and wom- The fact – also – that many women becomes very clear. It would appear en’s availability to men, and where involved in the sex trade do have dif- that this separation is a prerequisite for violence is a common feature of this ficult and different experiences of arguments that the sex trade should unequal relationship. violence, is naturally important, espe- be legalised; it’s the conditions sur- The question is what consequenc- cially since it tells us something about rounding it – the drugs, the stigma es this knowledge about the extent the indifference with which men treat and the violence for example – that of this violence has when we ana- women when they satisfy their own are harmful and that a regulation of lyse prostitution? I would like, for a needs through the purchase of sex. the market would help, not prostitu- moment, to focus on the frequently But to claim that the backgrounds tion “per se”. voiced idea that women engaged in and experiences of individual pros- In a series of articles in the Swedish prostitution have themselves been titutes are, in general, worse and newspaper, Expressen, the other year the victims of abuse in childhood, an more difficult than other women’s, – a newspaper that has incidentally argument that is often raised by those and to use this as a basis to condemn campaigned hard for the legalisation who are critical of prostitution. I would the sex trade is, I believe, incorrect. of prostitution, Rosinha Sambo, who like to assert that this type of empha- This opens the way for the very thing is active in the Sex Workers’ Rights sis in the debate is based on an old that has happened in Europe, where movement writes that “it is not job in view of violence; that violence is seen prostitution with an “ordinary Swed- itself, having sex with someone, that is as a marginal phenomenon and where ish woman with an intellectual mid- dangerous. What makes sex work risky women who are subjected to violence, dle-class background who votes left” are the working conditions.” In an arti- as well as the perpetrator, are viewed has a stamp of approval and suddenly cle in the same newspaper, and in a as deviant in some way, or believed to makes the industry legitimate. similar vein, Alexander Bard writes that have social problems of some kind, This way of thinking also creates “a female junkie who walks the streets and where different forms of violence a distance between the violence of is not primarily a prostitute, but a drug are distinguished from each other. prostitution, on the one hand, and addict who wants to get money for If 30 per cent of all women in Swe- “normal” supposedly non-violent life drugs in the quickest possible way. She den have experienced violence before outside, on the other. But, as we have needs help with her addiction, not with their fifteenth birthday and more than seen, a division of this kind is a chime- the fact that she is prostituting herself”, one in ten women in Sweden have ra. Women’s experiences of violence and Henrik Hirseland writes in a debate

50 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 1 that has taken place in the newspaper tion; today it is well established. And ing woman. Unlike the “pathological Arbetaren that “working with sex in a indeed, the debate has also gradually happy whore”, the sex worker is not heterosexist, homophobic and patriar- left behind the questions concern- who she is as a result of her (unbal- chal society entails a number of risks”. ing the consequences of prostitution anced) female nature but makes an Is sex work to be understood as being from the gender-cultural perspective active career choice, just like the mod- separable from these risks? and now focuses on trade unions for ern working woman, based on what The separation of prostitution “per women prostitutes, i.e., on a model she wants or what the circumstances se” and the conditions surrounding for an otherwise accepted trade. The require, but she knows she can cash it means that we avoid any focus distinction here is that we should not in on her assets. She is an actor, not a on the men’s role in the sex trade. talk about prostitution when the con- victim. She is with the times. What remains are apparently sexless ditions of prostitution are being dis- In the Swedish tradition of sex- problem complexes such as “danger- cussed. Henrik Hirseland argues that ual liberalism and “natural” sexual- ous clients” or “drug addiction” but the issue of trade unions for women ity, a feminist-inspired rhetoric thus nowhere is there any mention of the prostitutes has nothing to do with a emerges linking prostitution with the buyers, the men, who are there all the stance on prostitution. image of the working woman – she time purchasing women, regardless of And words so seeds. The accept- too a cherished Swedish construct. In how these women feel, whether they ance the term “sex worker” is gaining addition, this occurs in a social demo- have problems with addiction or expe- is by no means an insignificant con- cratic tradition of ideas that for almost rience of abuse. quest. But how could a word which a hundred years has linked measures If, instead, the men were to be made only a few years ago was seen as being for promoting gender equality with visible, it would become clear how a contradiction in itself so quickly gain the arena of working life, and strong- women are used for men’s satisfaction ground in the Swedish debate? ly emphasised gender inequalities in prostitution. Once the stubborn focus One reason, I believe, may lie in from the perspective of working life on women is dropped and prostitution Swedish sexual liberalism. The term while gender cultural viewpoints have is not separated from the circumstanc- “sex worker” encompasses concepts attracted less interest. es surrounding the purchase, prosti- of Swedish sexual liberalism of sex In this context, the “sex work” com- tution emerges as a behaviour in the as something “natural”, something bination may come to be interpreted cultural centre-field, a central arena for positive rather than questionable. In as a bold way of strengthening wom- gender creation, where the female sex Sweden, sexphobic is the worst thing en’s positions, especially when con- has become a commercial commodity a person can be called and virtually fronted with the post-modern climate available – in return for payment – for every debate on tougher sentences in which the “victim” is conceptually men’s use. This availability, both the for sex offences, every criticism of loathed. Suddenly sex work becomes requisitioning and the latent possibility pornography or sexist advertisement a subversive category, a designation of requisitioning, affects our percep- contains this type of accusation. In that exposes “women in the margins” tions of what being a man or a woman the 1960s and 1970s there were and that makes them an actor. Humili- involves and should involve, i.e., the open tendencies in Sweden that pro- ation becomes a miracle. Convenient. creation and the upholding of our views moted a view of incest, or “cross-gen- The belief in the happy whore is of the sexes. eration sex” as it was called, in which still alive but as a basic myth and jus- the great danger for the child was the tification for the sex trade she is being SEX WORKERS – THE POWER OF taboo – not the sexual acts. Sex and replaced by the sex worker. From a THE (SPOKEN) WORD nudity ARE not an issue with Swedes; Freudian image of a woman of the For a long time the “happy whore” was for example, Christina Aguilera’s nude night whose nature has turned her a central issue in legitimising prostitu- and sexually explicit video Dirrty into a prostitute and an undemanding tion – the companion of self-indulgent earned the comment in Expressen’s companion for men, we now have a men who was different, sinful and leader “… happy sweaty bodies throw more (post) modern myth that better incapable of leading any other kind of themselves around her backwards reflects today’s cultural climate, but life. As feminist research has come to and forwards and look like they have the purpose is the same – to identify terms with the image of the pathologi- no intention of stopping. It resembles women as the sex trade’s prime actors cal woman another image has deve- a carnival.” Great fun in other words! and primus motor, to divert the discus- loped – the woman that legitimises the This attitude towards sex as some- sion away from men and about prosti- existence of the sex trade: the working thing natural and fun, where the core tution as one of several arenas where girl, the sex worker. of the problem is the view that regards gender inequalities are created. Sex worker as a term has been used sexual contact as taboo, is part of internationally for quite some time and our Swedish cultural context. In the WHO HAS THE RIGHT TO SPEAK? was launched in Sweden by the advo- complex of images that the term “sex The sex worker has thus become a cates of the legalisation of prostitution. worker” evokes, this tradition of sexual figure that is difficult feministically to A number of years ago, the use of this liberalism is coupled with references resist, a figure that – if one is to believe term would have been unimaginable to landmarks of feminist importance some debaters – has legitimate in the Swedish debate on prostitu- such as the modern go-ahead work- demands for much greater scope with

50 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 1 which to define the world. Or in the reproducing (or building exclusively If we take Lundgren’s position as words of Petra Östergren: “Let the sex on) the actors’ interpretations. If that the starting point for our responsibility workers themselves decide (…). If sex were the case, the researcher would in our meeting with “women’s voices”, workers in Sweden want their profes- be reduced to being a journalist with- we need to ask ourselves how we are sion to be decriminalised and legiti- out the authority to comment.” to react to research that shows that mised so (…) be it. And if women sex Nea Mellberg, whom I mentioned women interpret their experiences workers feel that they must have the earlier, has written a thesis entitled differently depending on whether they right to decide about their own bodies When the unreal becomes reality: the are “in” or “out of” a violent relation- just like other women, then they must situation of mothers when their child ship when this relates to prostitution. be allowed to do so.” becomes a victim of sexual abuse by Can researchers, politicians, debaters The arguments may appear seduc- its father. Mellberg shows how wom- – or anyone for that matter – in view of tive; many take advantage of feminist en’s interpretation of the abuse that this knowledge simply rely on some- spinal reflexes about the importance they and their children have suf- thing called “women’s voices”? Whose of making women’s voices heard, and fered depends on whether they are interests will benefit from women pros- women’s right to decide about their –as Mellberg puts it – “in” or “out titutes’ interpretation of the sex trade? own bodies. The pro-prostitution of” the relationship. Only when the Moreover, isn’t the question of the sex voices choose to present the gender- woman is “out of” the relationship trade’s existence a question that con- cultural aspects of the sex trade from can she see the abuse the man has cerns the whole of society? the perspective that women’s subor- inflicted on the child; at that point it dination is expressed when they are also often emerged that the woman THE RIGHT TO ONE’S OWN BODY? ignored and denied the right to physi- had also been a victim of the man’s In addition to giving women prostitutes cal self-determination. I shall discuss abuse. Earlier research on violence the sole right to define the sex trade, these two ideas briefly. against women has also drawn atten- those who advocate the legalisation Much of the knowledge we have tion to these reinterpretations, findings of prostitution make – from a feminist today concerning violence against which are also supported by Captured perspective– what are a number of women comes from qualitative Queen. problematic assumptions concerning research in which women’s voices in Women’s reports on the violence the right to decide about one’s own fact constitute the empirical material they have experienced differ signifi- body. In an article published in bang, used as the basis for the researcher’s cantly depending on whether or not twelve debaters wrote: “If we want to theories. In this context, an important they are still having a relationship with change the socially constructed sexual- question that needs to be posed – and the man who committed the abuse. ity of women we must be committed to that is linked to the responsibility the Captured Queen showed major dis- legislation and societal measures that researcher has when meeting wom- crepancies between how women give women greater freedom to decide en’s “voices”– is how the researcher is interpret their current relationships about their own sexuality, their bodies to understand women’s interpretation and their concluded relationships. and means of support, not less as is the of their experiences. Are we to con- The women reported three times as case now as a result of the Act Prohibit- sider, as Jacobsson, Östergren and many cases of violence in concluded ing the Purchase of Sexual Services.” others have done, women’s answers relationships. The amount of violence The assumption, hence, is that to be “true” – the “truth” that gives against children also varied depending women’s increased rights to decide us the best picture of women’s expe- on whether on not the relationship was about their own bodies will lead to riences and life situations? Or are we over; children had been subjected to changes in the “the socially construct- able to – and perhaps even obliged to twice as much violence in concluded ed sexuality of women”, changes that – with the help of the tools devised relationships than in ongoing relation- are expected to improve the situation by feminist theory for interpreting ships. On the whole the study shows of women; that women, given greater and analysing attempt to understand that women paint a much brighter power of disposition over their own women’s answers in light of the fact picture of ongoing relationships than bodies will go from being subordinate that women are included in studies of concluded relationships; ninety per to men to being free. This, too, is a interpreting their own lives, lives that cent of women who currently have a seductive argument – tell me which are led in cultural and social contexts spouse/partner describe their rela- feminist would not wish to improve the that colour understandings of one’s tionship as very good or good. Does lot of women the world over? And show own experiences and that are influ- this mean that in Sweden today many me a feminist who does not agree that enced by society’s views on gender, fantastic women’s lives are being led women’s bodies are subject to patriar- sexuality and violence. in heterosexual relationships while chal control? Sociologist Eva Lundgren writes yesterday’s twosomes were violent As part of my doctoral work in law, about this responsibility in the follow- and oppressive for women? Or does it I have taken a closer look at the ideo- ing way: reflect the “in” and “out of” the rela- logical foundations of the legislation ”I do not believe that everything that tionship difference that earlier femi- prohibiting the purchase of sexual is of interest is told and understood if nist research showed women tend services. I have carried out a theoreti- researchers confine themselves to towards? cal legal study on the right of disposi-

52 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 3 tion of one’s own body from a feminist the human body would be jeopardised value of protecting the individual’s perspective and based on legislation if society tolerated gross assault and physical integrity is strong. pertaining to prostitution. I shall not go since this respect is regarded as such When it comes to prostitution, into detail about that study but I would an important value, the individual is however, the situation is the opposite. like to say a few words about the argu- not given the right to consent to chal- What becomes important here, sud- ment that women must have the right lenge the value in question. denly, is the right to the commerciali- to decide about their own bodies, and In my search for other areas in which sation of women’s bodies. that not allowing women prostitutes the individual’s right to decide about his Sweden is the only country in the this right is to oppress them. There or her own body is taken into account, world which, on the same grounds are many seemingly close parallels in Swedish and international law, I felt as it has criminalised trade in organs, with the abortion debate’s demands it was logical to take a closer look at has criminalised the purchase of for a woman’s right to decide about health and medical care, more specifi- sexual services. Access to women’s her own body and it is easy to accept cally rules regarding organ donation. I bodies must not be commercialised; this argument without a more careful looked at how countries in Europe, the value of a woman’s body must be consideration of its implications. Sweden included, have regulated protected by society. Nobody has the I have taken a closer look at other organ trade and organ donation. This right to purchase access to another areas that regulate the right to decide area, after all, also concerns the indi- person’s body to satisfy their own about one’s own body and the interests vidual’s right to utilise his or her body pleasure. But in Europe it is not pos- that are weighed up when establishing as a resource. sible to reach agreement on this issue. the limits of this right. Because even I found that there is very wide- Instead the argument that keeps being if the right to physical integrity is laid spread agreement that trade in organs put forward is that it is a “right” that down in the constitution and in various cannot be accepted. No Council of women should have to sell access international conventions, one cannot Europe country allows it. Nor is dona- to their bodies, often with reference simply assert that an individual legally tion allowed, i.e., giving away for free, to the fact that throughout history owns his or her own body. One cannot unless the organ is to go to a close rela- women have been denied the right to own one’s own body in the same way tive. This demonstrates how afraid we decide about their own bodies. as one owns an object; neither does are that trade in organs will take root. What I mean is that the comparison legislation place a body on a level with In the preliminary work leading to of legislation on prostitution and the an object. A person who kidnaps or the Swedish law, which is in line with international ban on trade in organs takes possession of another person’s the views of the WHO and the Council shows that the opposition that exists body is not guilty, for example, of a of Europe, we can read that “a ban on here and in the rest of Europe to crim- crime against property, theft or the like organ trade is an important demon- inalising the purchase of sexual serv- but of abduction, unlawful detention, stration that neither a living person’s ices needs to be problematised from retention or other crimes against the physical integrity nor the respect that a perspective that takes into account abducted person’s freedom. Neither a dead person deserves to be shown is the complexity of the concept of free- can a dead body be owned (except in to become the subject of bargaining.” dom, and sets this against sexual some cases by museums). The notion that the human body is norms and how women and men live Further, one does not have the right worthy of protection against exploita- their lives –in practice. to consent to one’s own body being tion and commercialisation has thus What we have on the one hand, treated in whatever way one choos- led European countries to introduce a in international contexts, is the view es, for example, to gross assault. It full ban on trade in biological material that protecting the human body from is not the same as ownership rights (except for breast milk, nails and hair) commercialisation is an important to an object, when an owner has the as well as a ban on organ donation right while on the other hand it is full right to decide about the object between people who are not closely an important right to commercialise (destroy it, sell it or in any other way related. women’s bodies through prostitution. relinquish it). Consent, for example, As far as I know, no lobbyist voices Herewith lies an inconsistency. This to gross assault, cannot be given have been raised demanding the right inconsistency becomes clear only because it conflicts with the funda- to donate organs. No one has claimed when it is examined in the light of the mental values of our legislation: the the right of a poor women in Turkey to gender norms that permeate our cul- human body must be shown respect, give one of her kidneys to a rich man ture – norms that stipulate that wom- respect which would be undermined in Norway, so she may subvert and anliness equals accessibility and that if gross assault between people were – in a “post-modern” spirit of rebel- men have the right to this accessibil- to be tolerated. lion and cross-border commitment ity, in this case to women’s bodies. A Thus one cannot consent to being – destabilise the borders between crucial difference between the trade subjected to gross assault or to being north and south, man and woman, in organs and the sex trade is, after killed because legislators consider rich and poor. No one has claimed all, that trade in organs is not directed that the values that are at stake lie that it is a violation of rights not to be specifically at a person of a certain outside the individual’s legal sphere. able to sell your corneas to give your gender. These provisions prevail in a The legislator argues that respect for children a better life. Support for the market where both men and women

52 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 3 could be sellers. In the sex trade, how- and evidence rules. For instance, if it is principle to treat the interdependency ever, there is no doubt that the body a question of freedom of establishment, of certain people who engage in pro- that is for sale is a woman’s. It is the other interpretations of the concept of stitution activities and their agents woman’s physical integrity that is the freedom of action will come to the fore as an employment relationship, not subject of bargaining. than if we are talking about the protec- because that relationship is based on Rather than getting caught up in the tion of human rights and civil liberties the exploitation of women’s bodies pro-prostitution rhetoric about women under penal or international law. When often under ruthless conditions but being controlled by legislators who prostitution activities fall under labour “because it leads to an economic acti- deny them their rights, it is important to law, as is the case in The Netherlands vity being exempted completely from focus on when freedom is emphasised following legislation, many issues that the system of freedom of establish- (cf. European legislation on prostitution) previously related to rules of constitu- ment which was created through the and when protection issues are empha- tional and international law on human Association Agreement (with Poland sised (cf. European legislation in organ rights and civil liberties now relate to the and the Czech Republic). donation). And instead of being lured field of labour law. This shift will have The shift in focus is obvious. Eco- by talk of a woman’s right to freedom major implications as fundamental nomic interests become guidelines and self-determination, we should criti- questions regarding the right to physi- in an area that concerns commer- cally ask ourselves what gender rela- cal integrity become questions about cialised access to women’s bodies, tions look like in those areas in which employment conditions. an area where violence, threats and freedom is to be exercised. In the judgment, the Dutch court coercion are commonplace. The Perhaps it is the case that norms asks the Court of Justice if prostitution judgment shows that via the Dutch can prescribe freedom of choice and should be exempted from the Union’s legalisation of prostitution, a very self-determination for women, but labour market rules since prostitution widespread and culturally integrated when these norms are examined in poses some difficult problems given the and accepted phenomenon – pros- the light of gender relations in prac- prostitutes’ freedom of action and inde- titution – has been invited to take tice, they are seen to hide the per- pendence (paradoxically enough asked its place in the legal system shifting sonal responsibility of women to man- by the Dutch government, which legal- women’s human rights to the econo- age the societal inequalities between ised prostitution). The Dutch govern- my’s playing ground. In Europe, the the sexes. In Europe today, poverty ment argued that it is neither possible cynical response of the political pow- among women is increasing, particu- to know whether the women travelled to ers to women living in conditions of larly in the east. And at the same time, the host country voluntarily nor whether major economic injustices is: You are the proportion of women in prostitu- they practise their activities independ- sitting on a gold mine; go ahead and tion is rising. So whose freedom to use ently in this country. make something of yourselves on our bodies are we really talking about? This question might seem to be internal market! And all the while, the related to the coercion and violence new “constitution” of the EU is being THE EU – WHOSE that we know exists in the sex trade. drawn up, a treaty in which the refer- INTERNAL MARKET? The Court of Justice, however, did not ences to equality between men and An indication of some of the conse- refer to the issue of violence and coer- women as an overriding goal for the quences of legalisation can be seen cion in the sex trade. In the Court’s Union have now been completely in the judgment of the Court of Justice view, since Holland has legalised removed, as the proposal looks at the of the European Communities last prostitution, the activities were to be moment. year concerning a number of Polish regarded as accepted. The legal com- and Czech women who wanted to set plex of rules that was relevant, there- A NEW UNDERSTANDING themselves up as prostitutes in The fore, was labour law. The debate on prostitution is perhaps Netherlands. In its judgment, the Court We know that coercion to engage one of the most important debates in needed to decide whether prostitution in prostitution is a reality for many Europe today. In light of the above, I could be regarded as falling within the women, coercion which can have would like to emphasise the impor- concept of gainful employment. The EU been absolute, i.e., occurred under tance of a clear analysis of prostitu- is an internal market whose rules aim to threat of physical abuse or even tion as the basis for one’s standpoints. regulate the trade in goods and services death. We also know that many men Strong forces are working for the as well as the movement of labour. who buy sex do so despite being normalisation of the sex trade, and at Law is an interconnected system aware of these women’s vulnerable the same time we can see a declining whose different sub-areas are united situation. But in this case it was not interest in gender issues and equality by basic underlying principles regard- a question of human rights – it was between men and women. ing values and practices that the provi- about labour law and competition law As I see it, parts of the feminist sions of these sub-areas aim to protect. rules in an economic community that debate today, despite the positive Certain values carry greater weight than aims to “promote expanded trade and view of the Act against the purchase others, which has implications when harmonious economic relations bet- of sexual services, are stuck in the interests are evaluated; this is evident, ween the parties.” Consequently, the starting points that critics of the Act for example, in various presumptions judgment says “it would be wrong in have chosen: a fragmented individu-

54 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 5 ally-oriented view that obscures the and women. I therefore recommend a Swedish Parliament and Government complexity of the issues and the gen- new basis for understanding for our have taken important steps. der political dimensions. We therefore discussions on prostitution. With an understanding of this kind need to deepen our knowledge about Instead of understanding: I advo- we can focus on which rights women prostitution and our gender culture. cate an understanding that empha- actually have, should have and are still The fragmented discourse of distinc- sises to gain. I do not believe that the right tion – in which violence is viewed • violence against women as a life to prostitute oneself will be considered separately from women’s and men’s context marginal remnant for important in this discussion. life situations and prostitution can women and men be regarded as not being danger- • Prostitution “per se” prostitution as ous “in itself” – must be abandoned. a gender-cultural arena Furthermore, we must challenge the • women’s voices the responsibility of belief held by the Sex Workers’ Rights the public, politicians, researchers movement that the sex trade only con- • prostitution as a view of prostitution cerns women prostitutes. Respect for as an issue about question about women’s bodies, and this respect’s the right to one’s protection against significance for our understanding commercialisation/ body/freedom of what it means to be a man or a of choice highlight women’s per- woman and which rights that ensue, sonal responsibility for gender are totally dependent on if women are inequalities to be available for purchase. Thus, the existence of and society’s reactions to BASIS FOR UNDERSTANDING prostitution is not only an issue that we Basis for understanding fragmented all have a right to an opinion on – we coherent individually centred the almost have an obligation. individual-structure interplay rights To summarise, I would like to thinking effect of gender norms advocate a new view on prostitution, Patriarchy is cunning, dynamic and which instead of a) seeing violence constantly changing. The forces that against women as a marginal rem- are working for the normalisation of nant, sees violence against women the sex industry are strong and have as a life context for women and men, connections across traditional politi- and b) instead of isolating prostitution cal boundaries. For this reason, we “in itself” and seeing it as a demar- cannot be satisfied with our analyses cated arena, sees prostitution as a simply because they were good at one gender cultural arena. The distinction stage. Our society is constantly chang- between prostitution and trafficking ing and the oppressors of women are thus becomes impossible, a thought using feminist rhetoric when they need process with a dead end. In addition, I to defend the upholding of an inequi- advocate c) a view that does not focus table gender culture. We must there- on the prostitutes as the legitimate fore develop tools and understandings interpreters of the sex trade, but where to capture these changes. everyone is responsible for taking a I would like to refer to the words stance on the existence of the sex of the great football player and skill- trade, and in particular the responsi- ful sports commentator Glenn Ström- bility that politicians have to take steps berg, who is often one step ahead in to strengthen women’s rights and to his analysis: Vigilance. Don’t forget increase their knowledge of the sex vigilance! We need to develop a coher- trade (from many different aspects ent, contextualised analysis of the sex that also include women’s experi- trade that includes a sophisticated ences of prostitution). Finally, I hope understanding of violence against that d) the discussion about prostitu- women and in which we are watchful tion will go from focusing on the issue of the concept of freedom of choice of the right to one’s body and freedom and examine gender relations and of choice for women to highlighting their influence on society. Then we will aspects of protection in the legislation be able to see how the law’s valuation and thus also the relation between of interests and division of responsibill- women’s personal responsibility for ities can change and work for women managing difficult life conditions and and men in a society characterised the structural inequities between men by gender inequality. In this area, the

54 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 5 Trafficking for Prostitution in Italy: Possible Effects of Government Proposals for Legalization of Brothels in Italy

Ms. Esohe Aghatise, girls and children in prostitution, has as a “legal and valid” employment President, Associazione Iroko Onlus, become the greatest embodiment of alternative, violence against women ITALY this problem. The commercialisation shall continue to be perpetrated and of women’s bodies is tolerated and it shall not be possible to eliminate This paper intends to give a general indeed encouraged as a resolution to trafficking. overview of the problem of traffick- problems of sexuality, sexual identity ing for prostitution in Italy and the and relational problems of men. Pros- TRAFFICKING IN ITALY AS dynamics of the different types of titution, often defined as the oldest A CASE STUDY: trafficking according to the country “profession” in the world, is and has Trafficking of persons in Italy involves of origin of the trafficked girls. It shall continued to be tolerated as an inte- minors, workers, young women and briefly explain some of the social, gral part of social exchange between girls. The minors are exploited in economic and cultural dynamics of men and women, while the inherent various illegal activities, which include trafficking and the various effects on violence and oppression contained begging, stealing, illegal international the girls from a psychological, medical in such exchange is often denied adoptions and there are fears that and social point of view. It shall also and is left to perpetuate itself. The they may also be involved in porno- examine the changes there have been destructive and unhealthy component graphic activities and in the trade in in the phenomenon and then explain of social exchange which prostitution organs, etc. The workers are exploited the various social activities being car- constitutes has never been addres- in jobs where they are forced to work ried out by the Italian governmental sed at the legislative level. Instead, it in sub-human conditions and are and non- governmental agencies to is proposed as a sane part of social employed in criminal activities. They assist victims of trafficking. It shall order, which should be regulated to are sent out at large without any hope also look at the legal framework being ensure its survival and continued of regularising their legal status and in used in Italy to combat trafficking and use in the oppression of women and most cases, they are easily inserted the recent government proposal to children who are its greatest victims. in criminal circles. The women and legalize brothels. This shall be criti- In many countries of the world, led by young girls are exploited in prostitu- cally reviewed and in conclusion shall the most politically and economically tion. The phenomenon of foreign give suggestions for strategies and advanced, prostitution has been and girls and women in Italy, that have programmes to combat trafficking. In is being increasingly proposed as been sold into prostitution, has since a global patriarchal society, which legi- an alternative employment outlet for become a notorious fact, especially as timates male use of female bodies as women. Its organized regulation and regards the prostitution of young girls disposable commodities, to express proposal of benefits on a social and from Africa and from Eastern Europe outrage and call for an end to traf- economic level are being proposed in in Italian cities. There are various ficking of young women and children many countries. shades of this trafficking for prostitu- is contradictory and incoherent where This paper proposes a medita- tion situation, which depends on their we do not first put a stop to the com- tion on the insidious aspects of pro- country of origin. You have those from mercialisation of women’s bodies. stitution and sustains that in a global areas, such as Africa and from Islamic The main emphasis shall be on the patriarchal society, which legitimates zones, where prostitution is comple- problem of trafficked Nigerian girls to male use of female bodies as dispo- tely forbidden and as such could not Italy. sable commodities, it is not possible be carried on, except in very rare to successfully combat trafficking. To occasions and in hiding. The women PREMISE express outrage and call for an end to who are already prostitutes from there The international trafficking of trafficking of young women and child- are brought to Italy to carry on their persons, especially of women and ren is contradictory and incoherent activities, which they would otherwise children for prostitution and other where we do not first put a stop to the be unable to carry on openly in their purposes, is one of the most insidious commercialisation of women’s bodies. countries. They are of course promi- and difficult problems to resolve in the As long as prostitution is tolerated and sed greater earnings for their pros- world today. The use of women, young governments permit it to be practiced titution. You have the other cases,

56 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 7 for example from Eastern Europe or aware that they are likely to fall into the for them, in which they strongly belie- from Asia, countries like Thailand, prostitution market and not really to do ve and which have a notable efficacy the Indian area, where prostitution is a regular job, have no idea what this in assuring the payment of the “debt”. carried out in a more open manner, means and do not know what prostitu- It is a special phenomenon noted to those who were already prostitutes in tion entails. Most of them are illiterate the Italian police that Nigerian girls their countries, but where not earning and have never had any experience of undergo much less physical control/ enough, may thus accept to come urban life before they find themsel- check-up from their exploiters compa- here on the offer of higher earnings. ves in the enormous urban centres red with other foreign girls trafficked They may think of coming to work in of Turin, Milan and Rome and haven’t into prostitution. They have no need the nightclubs, where they are called the least idea of what prostitution here of physical control, because the rites “dancers” or “entertainers”. is really all about, because the greater they are made to undergo psychologi- The main countries of origin of the majority of them have never been pro- cally impose the control on them. girls being sold into prostitution are stitutes. They, therefore, find themsel- The debts, imposed on the girls by Nigeria (although we have had spora- ves having to cope with a new reality, a their traffickers, on their arrival in Italy, dic cases of girls from Kenya, Ghana new country, a new social context with- are large amounts which range from and the Ivory Coast. But these were out any friendly or family support net- sixty million Italian Liras (ITL) (about very few and are rare cases). The work, a lot of violence and exploitation USD$30,000 by current exchange influx of girls from Nigeria into pro- and most important of all, a new kind rates) in less “heavy” cases, to a stitution in Italy is the highest nume- of reality, such that they never imagi- hundred and twenty million ITL (about rically and continues to grow. Other ned even in their wildest dreams. USD$ 60,000) in several other cases. countries of origin are, in order of The Nigerian girls are made to The “debts” have to be paid in a matter highest numbers, Romania, Molda- believe that they are being sponsored of a few months, at the risk of violence via, Albania (the number of girls arri- to come to Italy to work, telling them being used on them and/or on their ving from Albania is in diminution for that the “madam” who paid for the families in Nigeria by their madams. It reasons that shall be explained later), trip is in Nigeria while the person they should be noted that the girls charge Russia and Bulgaria. are to stay with here is just the support an average of twenty thousand/thirty There are various differences in the person of the “madam” and is giving thousand ITL (USD$ 10/15) per client modalities of trafficking between girls her hospitality. The reality is that they and at times, as little as ten thousand and women trafficked from Africa and are accomplices, both the “madam” ITL (USD$5). Moreover, they are also those trafficked from Eastern Europe. in Nigeria and the “hostess” in Italy. requested to make an advance pay- Thus, they believe that they have been ment per month of a minimum of one TRAFFICKING FOR PROSTITUTION helped and that their exploiters are million ITL (USD$500) to “rent” the FROM NIGERIA persons holding out a helping hand to roadside spot where they work. Other The trafficking of Nigerian women and take them out of the misery and depri- payments they have to make include: young girls into Italy for prostitution vation they have been living in. This a weekly sum of seventy thousand ITL started around the second half of the is so until they discover the violence (USD$35) as contribution for their 1980s following the increasing econo- they are subjected to, the situation feeding, buying of expensive, provo- mic difficulties caused by the Structu- they are forced to live with: nudeness, cative clothing for working (usually ral Adjustment Programmes imposed the blows and the cold they have to sold to them by the madams themsel- by the then Nigerian Government on suffer and the money they prostitute ves or by her friends) and the making orders of the International Monetary for, but do not see, they do not rea- of various regular and expensive gifts Fund. They started leaving the coun- lise what they have been put into and to their madams each month. try on promises of fantastic well-pay- they realize that the so-called depriva- The last few years have seen an ing jobs in Europe, in factories, offices tion they had lived in was much bet- increasing number of very young and farms. They arrived in Italy only to ter than the violence, humiliation and girls, in most cases minors, being find themselves sold into sexual slave- misery they are being subjected to on trafficked to satisfy the ever more exi- ry and forced to prostitute themselves a daily basis. gent requests of the clients. These are to pay the so-called debts, which they The traffickers, usually men who often ingenious, semi-illiterate girls are told they incurred in being “hel- bring in the girls on “commission” by who have not even, in most cases, ped” to come to Europe. A number of the “madams”, or just bring in girls had the possibility of a period of urba- those who came in the earlier period, they contacted themselves, to be nization before they found themselves finished up as the “madams” who sold to the highest bidder. The girls in huge urban centres such as Turin, were later to perpetuate the trade and are sold to “Madams” and made to Milan or Rome. to become the exploiters of their fellow undergo specific magic “juju” rites . It is also necessary to take into country girls. They swear never to reveal the iden- consideration the psychological and It is however necessary to remem- tity of their traffickers and madams psychiatric aspects of trafficking for ber that, in the last few years, from to the police and to pay their “debts” these girls who are forced to make around 1995/96, most of the girls who without creating problems. These are a “choice” of this kind. It is no won- accept to come to Italy, though often rites, which have great significance der that we are being inundated with

56 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 7 cases of girls, victims of trafficking for wed tacitly accepted the idea of pros- ted sense of duty owed to their “bene- prostitution, who have serious psycho- titution as a solution where extreme factors” later develop into strong fear. logical and in certain cases, psychia- poverty has made life difficult. They This fear is up to the extent that even tric problems because of these rites were however less ready to accept when they do succeed in paying all and the mental and physical violence this when the violence and humilia- the “debt” to their exploiters, they still they are subjected to. They are made tion involved in it was made clear to continue to live in the fear of some to believe that they are being “helped” them. Thus feminisation of poverty unmentionable misfortune happening by those who traffic them into prosti- comes to have its greatest expression to them or to members of their family. tution in Europe and to discover that in the sale of female children into traf- Each and every misfortune they may there is very little help being given to ficking for prostitution. suffer, is attributed to the rite they were them and that all their so-called hel- made to undergo. This, understanda- pers wanted and are doing to them CULTURAL ASPECTS bly, may in the worst of cases develop is to exploit them in the most vicious It should be noted that one of the most into a real situation of strong psycho- ways possible is often cause of great curious aspects of the international logical difficulty or even more serious, psychological suffering. The violence trafficking of Nigerian girls is the fact result in unbalancing the already weak involved: burning them with hot irons that the greater majority of them come psychological stability of the girl and if they refuse to prostitute, making from the mid-south region and belong lead to psychiatric disorder. them continue on the road even when to the Edo (Benin) ethnic group. This they are ill, menstruating or pregnant, is curious because traditionally, this SOCIAL ASPECTS forcing them to undergo abortions ethnic group does not socially accept Nigeria is one of the larger examples of without anaesthetics, forcing them to prostitution. What was considered pro- a developing country which started off risk their lives by having unprotected miscuous behaviour was traditionally on the path of development, but cras- intercourse, taking their children from sufficient to ostracise any young girl or hed down halfway without attaining them as a lever to make then submis- woman, both by her family and by the any significant level in terms of infras- sive to their exploiters, attacking their society. The social stigma was such that tructure, services and resource base families in their country as a way of she could never more aspire to marry which may have helped to cushion pressurizing them to continue prosti- within her social group and remained the failure of its development plans tuting, the list of humiliations and vio- an outcast if she didn’t leave the town. and projects, if not helped to stop it lence is endless, all create psycholo- As regards a married woman, it altogether. This is not the forum to gical problems for the victims. The lies was a taboo for her to so much as talk about the reasons for the failure they are told: they are related untrue let another man who was not her of Nigeria’s economic dreams and stories of how the Italian Police shoots husband touch her even in the most aspirations. Suffice it to say that bad at girls without residence permit and innocent of ways. Where a married management, lack of foresight, chro- other hair-raising stories to instil fear woman was inadvertently touched by nic corruption, nepotism and tribal in them and make them submissive to another man outside of her home, she divisions and the inability to create their exploiters. was obliged to report the incident to a sense of national identity (notwith- It should be clearly stated how- her husband on reaching home. She standing a four-year civil war with its ever, that these girls do not all part was obliged to carry out special puri- hundreds of thousands of dead and from Nigeria only because of econo- fication rites to cleanse her from the mutilated), the disaster of military dic- mic difficulties. From the study car- “cursed” action of the strange man. tatorships, coupled with the even more ried out, it has become quite clear It therefore becomes quite curious disastrous first civilian government that their poverty may not necessarily to note that the greater majority of after the civil war, all led to the down- be the major reason why most of them those trafficked come from this tradi- fall of the Nigerian dream. The arrival part. There is quite a greater number tional social set up. It is in this context of the first civilian government saw an of young girls who are very poor and that one needs to analyse the issue of enormous increase in loans and the desperate, but do not accept to go their moving from their home to prosti- huge change in Nigeria’s debt/credit abroad. The issue thus goes beyond tute abroad, far away from the “influ- balance from a relatively under-bor- a mere case of poverty and the need ence” and reach of traditional values, rowed one to a major debtor. for money to feed and pay for basic rules and regulations. The years of economic boom, from necessities. Our study has confirmed Another cultural aspect of the traf- Nigeria’s petrol dollars, did however the hypothesis that sending female ficking in Nigerian girls for prostitu- leave behind an uncomfortable legacy. children abroad has, in most cases, tion is the fact of their being made The legacy of a country, of a people become a sort of status symbol for to undergo black magic “juju” rites which had acquired a taste for a high some families. This is as a result of to ensure their payment of the debt standard of living, a consumer society the breakdown of social and cultural imposed on them. This is perhaps the which no longer had the means to values, the disintegration of traditional most relevant aspect because of the satisfy its high taste but was not ready family structures and the lack of valid, subsequent effect, which it leads to. to admit or accept it. A country which efficient social reference models in The strong belief, which they have in, has not been able to lay the foundation substitution. Most families intervie- these rites, coupled with an exaggera- for a sustainable adequate standard of

58 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 9 living for its citizens, despite its immen- conflict is usually shared by the child- girls suffer at the hands of their traf- se human and mineral resources. The ren who are necessarily forced into a fickers has often lead to their ending failure of the Nigerian development continuous struggle for a role within up in psychotherapy, if not, in the aspirations, coupled with the real eco- the family and to obtain their share of worst of cases, in a mental health nomic difficulties brought on by the fall the family resources. The females are ward. The violence involved in their of petrol prices, the heavy debt burden of course at the tail end of this power trip from Nigeria – on foot, by road, left behind by years of mismanagement struggle, being the weaker link in the by ship and then by air – to reach and corruption, the subsequently impo- family hierarchy. The women disco- Europe. Verbal and physical abuse, sed IMF conditionalities for the restruc- vered that selling their bodies is a rape, forced abortions without anaes- turing of Nigeria’s debts, has brought fast and fruitful way to earn a living thetics, forced prostitution induced by the people to the point of despair and for themselves and for their families. the threat of magic rites and potions resignation. The galloping rate of infla- Their men are equally prepared to – some are forced to drink the water tion and weak strength of the Naira close an eye to traditional values, rules used to wash a dead person’s body makes life very difficult to live indeed. and regulations as long as they benefit as part of the magic rites, swearing to The economic difficulties and from the earnings of their wives. pay the debt imposed on them – are turbulent political life also lead to a Women traditionally play an adhe- all part of the scenario of the violence breakdown of family and social struc- sive role in the social context of the Edo suffered by these young women. tures generally. The financial difficul- ethnic group. The success or failure of a The additional cultural shock, the ties, which have significantly impacted family in its individual and collective pro- difficulty and in many cases, inability social services, like health care, educa- jects is usually attributed to the woman in of many of them to adapt to the socio- tion, and other public services. Child- the house. Thus the greater responsibi- cultural context in which they are for- ren are regularly pulled out of school by lity is implicitly that of the woman. cefully introduced, the memories of parents, who cannot afford to pay their The step up has however been that personal trauma dating back to their fees. Crime rates continue to increase while at the beginning of the prostitu- infancy, all only add to aggravate what and the general informal social interde- tion trips to Italy, the Nigerian women is already an unsustainable situation. pendence and informal welfare system who were trafficked where for most The very fact of having accepted of self-help has collapsed. The family part married and/or separated women to come to Europe to “work” without has lost its role as a point of reference on the lookout for a way to cater for asking too many questions about the and a culture of money as the ruling their families, those who were later traf- “job” that is being offered, often has its value, has replaced traditional values. ficked are mainly much younger girls roots in an unconscious will to escape Role models for youth are superficial who decide to set out on a “job” search psychological difficulties which they money serving icons, which give the to help their families. Their project on are not even aware of, much less idea that money is to be had at any cost. setting out, is therefore that of going ready to admit. Herein lies also part In such setting, it is not surprising that abroad to “suffer” for a few months, of reasons for which they continue to social cohesion has been impossible to earn huge sums of money and return arrive and the situation does not seem retain. Corrupt individuals in the police home extravagantly successful to pull ready to change. are often the instruments used by the their families out of the squalor and It is evident from the situation exploiters to obtain submission from the poverty in which they left them. The above that we face an extremely com- victims by their attacks and arrests of reality is of course much different from plex situation where at times one may members of the victims’ families. this scenario of success. It must be risk falling into the trap of being taken In the specific social set-up of the noted here, that one of the main fac- for an enemy by the victim and not Edo ethnic group where polygamy is tors which triggers off grave psycho- as a friend. For most of them, their common, most men who cannot face logical suffering for these women, is “madams” are seen as “benefactors” up to the task of caring for their fami- when they are freed from their exploi- who “helped” them to escape from lies abandon the task to their women. ters but end up moving from one com- the extreme poverty and deprivation in Even if they do have a job, what they munity house to another without any which they were living. In other cases, earn is not enough to cater for the possibility of an immediate means to telling them not to pay their “debt” needs of the whole family. This has obtain money to send to their families. could amount to their being asked to lead to a situation in which each The failure of the project, which made run the risk of dying horribly as a result woman has to cater for her children, them leave the shores of Nigeria, usu- of the effect of the magic rites, which while the head of the family abducts ally throws them into serious psycholo- they have undergone. One has to be his role of the breadwinner to his gical crisis. At times, it is not unusual very careful therefore to address the wives. In a polygamous family setting, to find some of them who do decide to issue with extreme delicacy. the patriarchal structure generates return to their “madams” as a way of continuous conflict and competition. realizing their original project. TRAFFICKING FOR PROSTITUTION The wives are in continuous struggle FROM EASTERN EUROPE between themselves for recognition PSYCHOLOGICAL ASPECTS The situation of the trafficking of and for a share of the family resources The physical, mental and psycholo- girls from Eastern Europe is in many for themselves and their children. This gical stress which these women and aspects similar, especially as regards

58 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 5 9 the effects of the physical and psy- them to Italy then pick them up, with the girls are able to take home money chological violence they are subjected promises of their earning much more and they are sweet and obedient they to. The dynamics of the trafficking is in less time, they are trafficked to Italy. would continue to work for them. however quite different. Here at times their rebellion trips off The Albanian girls for instance because, while having believed that CULTURAL ASPECTS have the peculiarity of the traffickers they were going to earn at least half a The most important cultural aspect for being micro cells of criminals who traf- million a day, they find they are hardly many of the East European girls, espe- fic them and it is difficult to find the able to put together a lira because, cially the Albanian girls, which cannot same industrial line type of trafficking between paying hotel bills and paying however be generalized, is the family of the Nigerians in their case. The girls one thing or the other, there is hardly honour which binds them not to disho- started arriving following the end of anything left to save. nour their family name at pain of death. the East-West divide and the opening The other situation of girls traffick- Many of them cannot call their families of the former East European countries ed from Eastern Europe is that we still to tell them where they have been and to the West. Many of the trafficked have frequent stories of Bulgarian and what they have done. Their agreement girls from Albania left on the promise Ukrainian girls who are stolen either to leave home is often behind promi- of marriage from unscrupulous men on their way home from school or from ses of marriage by the same men who who promise to bring them to a rich work. In the major part of these cases, traffic them and sell them into sexual fulfilling life in Western Europe. Many the organizations which bring in these slavery. These same men go back to of them are from very traditional patri- girls from Eastern Europe are much report to their families that they have archal societies, where family honour more violent and aggressive than run away and are involved in dubious and purity of the girl at marriage is those which traffic in Nigerian girls. activities. When the girls finally pick still a very strong value. Playing on The girls are controlled physically and up courage to call home, many times, the relationship of trust and affec- kept in sight and are easily passed or they discover that the men have gone tion, with promises of easy earnings, sold off from one gang to the other back to spoil their names, and their these unscrupulous men are able to with the conspiracy of their uniden- families, for fear of a scandal, repu- obtain the consent of their families to tified girlfriends who may either be diate them and tell them not to come take them away to what their families prostitutes themselves or were once back home. They thus find themselves see as better opportunities of a life for prostitutes. Their role is that of check- caught between a failed dream of love their children. Once here, you find that ing up on the other girls working on and marriage to a man who had sworn it is the same men who get engaged to the road or on new girls who have just eternal love to them, the destruction of them in Albania and make them belie- been bought and brought into prosti- their reputations in their social environ- ve that they are going to marry them in tution. There are stories of extreme ment with a risk of never being able to Italy, are the same men who then turn violence, girls beaten up with belts, return home because they may, in the them on the road and prostitute them. girls put into a bath filled up with fro- extreme cases, face the risk of being Once here, they make them believe zen water, that is, situations of extreme killed by the male members of their that there are sudden economic dif- gravity. own families for having dishonoured ficulties and that the only way to get This is again different from the situ- the family name. money is to prostitute. For love of their ation of girls coming from Romania. A “men”, the girls finish up on the road. different type of nuance is that repre- PSYCHOLOGICAL ASPECTS More often than not, the same man sented by some organizations, which The psychological effects of the has three or four other girls in other traffic girls prevalently from Romania. trauma they undergo are not much apartments, who are already on the They are mainly Romanian men and different from that suffered by Nige- road, who fell for the same story. The at times some Italian men also appear rian girls. The difference is more on a emotional relationship, which ties the on the scene. In these situations, we personal level, where each girl, accor- girl to this man, becomes the instru- have seen that these men arrive up ding to her personal capacity to react ment by which she is exploited by him. to the point of making an agreement to trauma and to overcome its effects. It is often difficult to convince the girl with the girls relating to the amount of The fact of not being able to speak to to report him to the police because of money to be paid by them. In such a their family members, and in some her misplaced sense of loyalty and way, the girls are also able to keep part cases where they are not allowed to love for him. of the money for themselves. Thus, we have contacts with the children they Then there is the other situation of have a less violent organization which left behind, in the case of those with the girls from Eastern Europe. It is a leaves a margin of freedom to the girls children, is often source of great psy- sort of hybrid, because in the majority they put on the road. In contrast how- chological suffering for them. of the cases, they are recruited from ever with the case of Nigerians, in all the some bar, some topless bar, where other nationalities, there is no situation STRATEGIES AND PROGRAMMES they were already carrying activities of of indicating a fixed amount of money INTRODUCED IN ITALY TO ASSIST semi-prostitution, with the difference to be paid and so there is no time factor VICTIMS OF TRAFFICKING that they were getting very little money involved either. It is probably the case Up till 1998, there was no specific for it. These “talent scouts” who bring that in these persons’ mind, as long as legal framework within which assis-

60 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 6 1 tance or protection could be given project was the protection of general lar work with victims of trafficking. It is to victims of trafficking. Previous to public health. The Turin Municipal a project, which addresses the issues the present Article 18 provisions for Council set up a specific office on relating to victims of trafficking. This the social protection of victims of traf- the problem of general immigration, rehabilitation and reinsertion invol- ficking, Article 5 ofLaw Decree 477/96 to give assistance to immigrants wit- ves entrance in Community housing made provision for the issue of a hout legal status in Italy. This also of from the first period of emergency, special residence permit of one year course included victims of trafficking. and then, subsequently, insertion in duration, to a non European citizen This office came to be at the forefront the temporary employment scholar- exposed to serious peril, due to the of programmes for the assistance of ship programme and when they finally person’s collaboration or declarations, victims. get a regular job, provision of guided issued by the same person, during the With the passing of the Law on independent single housing before course of preliminary investigations or Immigration in 1998, a legal fram- they are able to obtain their own hou- trial in a penal proceeding. Thus, it ework was created for the assistance sing facilities. was often the case that victims were of victims of trafficking under Article This office coordinates all the dif- then often given temporary residence 18 of the law. The Office for Foreig- ferent religious and private volunteer permits for judicial reasons, as it ners is the initiator and promoter, as a services, which offer accommodation was then stated, to permit them to Municipal Council office in charge of and accompaniment to different ser- collaborate in the investigations and problems relating to immigration and vices to the victims of trafficking. This the penal proceedings of indicted especially to trafficked persons, for a rehabilitation and reinsertion involves traffickers. This residence permit did Ministerial Project called “Freedom” entrance in Community housing for not permit the present social protec- which is in its third year of operation. the first period of emergency, and tion and general assistance to victims, While the Turin Municipal Council is subsequently, insertion in the tem- which exist presently under Article 18 the promoter, the fulfilment of the acti- porary employment scholarship pro- of the law on immigration. vities under the project are carried out gramme and when they finally get a Previous to that, there had been by the various communities, religious regular job, provision of guided inde- various religious and secular organiza- and laic associations and volunteer pendent single housing before they tions, which have worked to assist the groups who have presented projects are able to obtain their own housing victims of trafficking down the years. of adhesion to the Freedom project. It facilities. There is also provision of Ita- The various organizations have been is a project, which addresses the issu- lian language courses, technical train- working for more than ten years, using es relating to victims of trafficking. It ing programmes in accordance with available resources where possible to is the most comprehensive and global the needs of each girl. These activities make life easier for the victims who project that has ever been had on traf- are carried in collaboration with those managed to escape from their exploi- ficking. There are currently 150 girls groups and associations, which make ters. Thus ad hoc decisions, often being handled under the Freedom available these services. on an individual basis, of Heads of programme for their social rehabilita- Within the programme, they are Departments, especially in the medi- tion and reinsertion. The Municipal accompanied to the Police Head- cal field, were utilized to obtain a mini- Office coordinates all the organiza- quarters for them to make a report mum of medical assistance for those tions, associations, religious and pri- on their exploitation and thereafter, victims who managed to escape from vate volunteer services, which offer they are entitled to obtain a temporary their exploiters. The religious organi- accommodation and accompaniment residence. zations, such as Caritas and non-reli- to the different services to the victims Thus, from a legal point of view, gious organizations such as Gruppo of trafficking. The greater majority of Article 18 instruments have helped Abele, which already had community cases on trafficking being handled in to increase the number of those who housing facilities for other situations the Turin Municipality pass through denounce their exploiters. This has of social disadvantage, put those this office and all interventions are of helped the reintegration of the girls, facilities to use in assisting victims. course in collaboration with the net- which is the most important thing, These were facilities that were used work of organizations. It may be that because, in the past, once there in the past to assist homeless Italian some territorial service or office, like was the denouncement and the girl women who found themselves alone the social welfare services, may follow obtained a residence permit, she was on the streets or single mothers who up the case of a victim, but this is quite practically left on her own without any had nowhere to go with their children. rare. It is rare also because right from assistance and found herself at the With time, various other organizations the moment the girls are picked up, starting point. With Article 18 pro- were set up to address the issue. A they do not have documents, neither grammes, the global assistance to the European Union project TAMPEP was do they have official residence and so, victim is addressed and she is accom- also carried out to give information they lack the characteristics neces- panied up to the point of obtaining full of prevention of sexually transmit- sary for them to become users of a independence and autonomy. ted diseases and the prevention of public service. There are a series of organizations unwanted pregnancies to prostitutes. The Freedom Project was institu- registered in the National Registry of The motivating philosophy behind this ted after more than six years of regu- Organizations working to combat traf-

60 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 6 1 ficking and assist victims and they are There is also increased repression by partners have met both in Nigeria and the ones who have been authorized to the Police, in the sense that, the girls in Italy to consider ways of combating work on these issues. At Turin, you who do not collaborate, that is, those trafficking. have the Municipal Council, under who refuse to denounce their exploi- As regards prosecution, the pro- the Office of the Councillor for Social ters or who do not give comprehensive blem of light sentences and quick exit Assistance, in the Office for Foreigners information on their exploiters and are of condemned traffickers from these and Nomads as the principal actor in still on the road, are picked up and sent sentences by way of negotiation of this sense, in collaboration with orga- back home. In Police opinion, this may the terms of the sentences, etc., is a nizations, associations and voluntary seem an apparent cruelty, because it problem of the Italian Judicial System groups, which work with them. seems to penalize the victims more, and Penal Procedures. This would be There is a very close collaboration but they regard it as having the sense difficult to resolve because in Italy, between the Police and these agen- of removing the “workmen” of the cri- there are certain institutions, which, cies because they are the ones who minal organizations. The Police think put together ensure that people come have direct control of and offer assis- that, even though the girls may come easily out of prison. This is because, tance to these girls in their integration back within a short period, as in the once they obtain the double benefits process. They offer both assistance case of the Albanians, in a matter of or the conditional suspension of the and checkups on the girls because a few days, it is however a loss for sentence, which is the same thing when residence permit is issued, it is the exploiters, because it means at as the double benefits, they may also necessary to present a programme of least one week less of the money the negotiate the sentence, which always integration agreed between the girl and girls would have brought in and more results in less than two year sentences the association or group to obtain the expenses to bring them back in and and thus permits the conditional sus- residence permit. This is then commu- this for them means a good setback. pension of the sentence. Once a per- nicated to the Police. Then at the first The Police also make a distinction son has a suspended sentence, logic semester, there must be a review of the between those who are really victims has it that the accumulation of the sus- programme. If at that point the girl is and those who exploit others and pass pension means that he has to serve already independent and no longer has themselves off as victims. The Police the first sentence that was suspended, need of a support from the organization think that there has been very good if he commits another crime. Once and is thus no longer under the control publicity for these articles of law and he is on suspended sentence, even of the organization, the organization has that those who remain and do not though he commits another crime, to write a letter to inform the Police of want to denounce their exploiters do and it is one, which carries less than a the end of their programme with the so because it is convenient for them two-year sentence, he is still regarded girl. It is only at this point that the Police and not because they are really vic- as being under the former suspended transforms the residence permit they tims. The main problem of this idea of sentence. Thus he gets a double con- have and issue a normal residence the Police however, is that it may not ditional suspended sentence for two permit for subordinate employment always be possible for the victims to different crimes. These are the things and the girl is considered independent correctly identify their exploiters. This that most people know and which at all effects and no longer under the repression has unfortunate aspects, permits these people to stay around control of anybody and can do what- which are not being considered by the without getting punished. Then, even ever she wants with herself and her Police. Unfortunately, the victims are where they have been imprisoned, life in full respect of the law. The Police not given any chance to explain their one can present a request for release carry out check ups and controls on situation, in obvious violation of Article from prison. The order for release is the girl. If the organizations handling 18 of the Immigration Law, they are given to the person, and in doing so, her case refers some problematic case not given information on the possibili- the person is asked to make an app- to them, they call the girl and try to find ties they have of obtaining assistance lication to be entrusted to the Social out why the programme is not procee- under the programme, where they Welfare Services, on trial basis. If he ding in a satisfactory manner. After due report their exploiters and they are behaves well, which most of them are consideration, they may advise her that repatriated with only the clothes they smart to do, he remains outside and if her behaviour is considered not com- have on, without any possibility of even does not have to serve the jail term. patible with the provisions of the law for taking the few things they have. The Thus, getting them imprisoned, even insertion into the Art 18 provisions, this tragedy is that these girls are going to with the greatest commitment and may prejudice her right to remain in the be trafficked again by their exploiters goodwill is something very difficult programme and may lead to the loss of who then try to get money twice from to obtain. This is the transversal pro- her residence permit. them for the two times they were traf- blem of the whole Penal Procedure Another aspect of this police invol- ficked. That means their having to pay system that makes things difficult for vement is the present governments double what the original debt was! the judicial enforcement system and wish to repress what they see as the There have however been recent this is certainly not going to be easy “moral degradation” of social life, attempts to collaborate between the to modify. which is blamed on the presence of Italian Police and their Nigerian coun- There is also the possibility of a foreign prostitution on the streets. terparts in combating trafficking. Both victim choosing an assisted re-entry

62 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 6 3 into her country with the Internatio- sexuality, as long as it does not involve difficult to carry out in the streets. nal Organization for Migrations (IOM) the exploitation of other persons to State repression consisted in boo- programmes. In such cases, an eco- this end”. The brothels in Italy had king the women, expulsion orders, nomic activity is set up in the coun- proved to be places of oppression confinement, forced residence, spe- try of origin and the victim is paid for the women in prostitution. Many cial surveillance, revocation of driving her trip back home and assisted for abuses were carried out and instead licences and other forms of police a year, with the necessary funds to of reducing the incidences of sexu- harassment and humiliation. Before create and carry out this economic ally transmitted diseases as they were the massive arrival of foreign women activity. Understandably, very few supposed to do, it was discovered that who are being made to prostitute victims have chosen this line. This is brothels were the very dens where on the streets, most of the prostitu- because, it is often too dangerous for sexually transmitted diseases were tion that was going on was by Italian them to go back home or their families most likely to be contracted. The women. may refuse to have them back or they brothels were difficult to control and The end of the 80s and the early may not be able to face the admission the medical and social regulations that 90s, which brought the arrival of of failure which many feel going back were supposed to make them easier to foreign women in prostitution on the without fulfilling the project that made manage were impossible to enforce. streets, changed the scenario of pros- them depart entails. There are many It was thus, rightly the belief that titution in Italy. Italian women had complex reasons for which they refu- brothels were abusive of the dignity of already retreated into prostitution se to accept the IOM offer and return persons, especially of women. It was in apartments, in so-called mas- home, even with an economic assis- believed at the time that by decrimi- sage parlours and nightclubs, after tance project. nalising prostitution and closing down the massive government repression. The social assistance programme brothels, the interests of women in Those who still remain on the streets in Italy however constitutes best prac- prostitution would be safeguarded are usually drug addicts who prostitute tices, which could be replicable in and they would be protected from to feed their habit. The rest are enti- other countries. police harassment and exploitation rely made up of foreign women from by third parties. It was thought that Africa and Eastern Europe. Foreign THE LEGAL FRAMEWORK this would take the initiative and con- persons and women in prostitution FOR COMBATING TRAFFICKING trol of prostitution and therefore of started in the early 80s with the arri- IN ITALY the women’s bodies from pimps and val of transvestites and girls from Latin Prostitution in itself is not a crime in the women could then become the America and from South East Asia. . Italy. It is the exploitation of prostitu- major determinants of their own fate This group gave way, from the late 80s tion that constitutes a crime. Under in prostitution and have full control to the early 90s, to a massive influx of Articles 535, 536 and 537 of the over their bodies. It was also the belief women from Eastern Europe, especi- Penal Code, which provides for the that this would give greater autonomy ally Albania and Romania and from punishment of the crime of trafficking to the women. The self-determination Africa, especially Nigeria and Ghana. of women and minors (Art. 535), the principle and possibility of choice of From around 1992 to 1994, there was trafficking of women and minors by whether to be a prostitute or not, is a massive influx of Nigerian and Alba- use of violence, threats and deceit very strong in Italy, notwithstanding nian women. From then onwards, the (Art. 536) and the trafficking of women evidence which nullifies this belief. panorama changed until we now have and minors committed abroad (Art. This was of course, a myth. In much more Nigerian women present 537). Articles 600–604 also punish practice, this so-called right to self in prostitution of foreign women, less the reduction of persons to conditions determination and control over their Albanian women, the arrival of even of slavery. In 1958, brothels were bodies was hardly possible to exercise younger females, most times minors, abolished in Italy by Law 75/1958: because, if a woman is caught in the and the arrival of other nationalities Abolizione della Regolamentazione street prostituting, she could be and from Eastern Europe . More than 95% della Prostituzione e Lotta Contro lo was indeed charged with obscene acts of present street prostitution is by Sfruttamento della prostituzione Altrui, in public places or acts against public foreign women. This has made prosti- popularly known as Legge Merlin after morality. If she was caught pros- tution much more visible, for obvious the parliamentarian who proposed the tituting in her apartments, she could reasons, because the highest number law. The same law also decriminalized also be charged with infringement of of women and girls in street prostitu- prostitution, legalizing the possibility the law against the operation of bro- tion are from Africa, especially Nige- of every adult woman to “choose” to thels, though many of them had no ria. The changes in the panorama of become a prostitute. The philosophy choice but to prostitute in their apart- prostitution and the high visibility of which informed the decriminalisa- ments. Thus, it was hardly practicable these foreign women, has reopened tion of prostitution in Italy was based for Italian women to, in point of fact, the call for the legalization of brothels on the so-called constitutional and “choose” to exercise their right to self- and for the control and regularization human rights of women to “become determination of their sexuality. After of street prostitution. The tendency a prostitute or to self-determination the promulgation of that law, prostitu- has been to equate immigration with with respect to the exercise of her tion by Italian women was extremely trafficking and with all forms of crimi-

62 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 6 3 nality and thus, to blame the foreign tution are incompatible with the dignity with the blessing and support of the women for the “moral degradation” in and worth of the human person”. In its government. Italian cities, which is seen as being Article 6, it expressly prohibits measu- The new proposals by the Right embodied by open street prostitution. res to subject persons engaged in pro- wing government to legalize brothels This led to open calls for the reintro- stitution or suspected to be engaged in would also have the effect of further duction of brothels as an answer to prostitution to any exceptional require- driving underground the victims who street prostitution, followed by protest ments for supervision or notification. would not even have any other pos- marches towards the early to middle In 1980, the Italian Government, sibilities of coming in contact with 90s when women, in many northern with unjustifiable lateness, ratified the general public. Right now, people Italian cities started open public pro- the 1949 Convention. The ratification they meet on the road assist most of tests against foreign prostitutes. The of the Convention made it come into those who have the courage to come reopening of brothels as a solution to force in Italy, meaning that a recipro- forward and denounce their exploi- trafficking and street prostitution was cal conditioning now exists between ters. The fact of their being exposed one of the platforms used by the cur- national and international penal laws. to contact with other people has hel- rent Right wing government currently The legalization of prostitution in Italy ped in ensuring that they come into in power to obtain consensus in the could thus be considered incompa- contact with information on how they elections. tible with Italy’s international commit- can obtain assistance whenever they The arguments being used to pro- ments, in view of the wording of Article succeed in running away. This is one mote the reopening of brothels is to 6 of the Convention. This is even more of the factors that has made it possible the effect that: so as regards the proposed reopening for the great success of the Article 18 a. It would better safeguard the inte- of brothels. The brothels are intended Social protection programmes. With rests of prostitutes; to regulate, supervise and introduce brothels legalized and people allowed b. It would ensure that prostitutes are notification requirements for persons to organize women into “cooperatives”, given proper medical assistance; in prostitution or who are suspected to this would mean that these girls can c. Prostitutes would be exposed to be in prostitution. Article 6 is explicit be brought in, regularly registered as less violence; about the prohibition of such super- members of a cooperative and would d. They can organize themselves vision or notification. Its introduction then be put away to work in the brot- into a syndicate to protect their would thus be in direct contradiction hels without fear of disturbance by the “employment” interests; and; of the international commitments police forces. It is to be remembered e. This would eliminate pimping and undertaken by Italy and would be in that these are girls whose documents the exploitation of the women contradiction also of its internal penal are seized as soon as they arrive and because they would be the ones to provisions. Italy also ratified the 1956 they do not speak Italian language and organize themselves into coopera- Supplementary Convention on the do not know anybody in Italy. tives to sell their services. Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar THE WAY FORWARD: Studies from a country like Australia to Slavery. STRATEGIES FOR COMBATING AND where some states have legalized On a practical level, to allow for the PREVENTING TRAFFICKING brothels has shown that these ideas creation of brothels would mean that Strategies for its prevention: a more in promotion of the legalisation of traffickers would have the possibility global collaboration in combating brothels are a myth. The introduction of legally importing what in Italian is trafficking is obviously the best way to of brothels increase the exploitation of called “manodopera” to fill in their go forward. I believe the programmes women and children and lead to higher brothels. Girls can thus be brought and strategies already being used in incidence of trafficking for prostitution, in with regular employment contracts, Italy constitute a very good best prac- as well as creating a whole range of closed into brothels where they can be tice that can be introduced in other other problems for women and child- sure to “work” until death or disease countries. There is of course much ren and the society in general. releases them. It is to be remembered room for improvement in the Italian This proposal must also be analy- that they are subjected to all kinds of system, but it is already good as a start. sed within the context of the interna- manipulations and to both physical The collaboration that exists between tional trafficking of women and girls and psychological violence to subju- government agencies, NGOs, religious for prostitution in Italy and the Ita- gate them and break their will. The institutions and the Police headquar- lian government commitments on an fear that is instilled into them by the ters, the networking between them, international level against trafficking voodoo rites and the physical violence are I think, good examples of working and prostitution. to which they are subjected. It is not together on trafficking. The 1949 Convention for the Supp- difficult to imagine how this would be As regards investigation and pro- ression of the Traffic in Persons and the used to further strengthen trafficking secution, the terms of imprisonment Explotation of the Prostiyution of Others of women and minors into prostitution. are too lenient and in a certain sense, expressly states, in its Preamble, that “ It is also easy to imagine how the work a slap on our collective faces, seeing prostitution and the accompanying evil of the exploiters will become better the gravity of the offences committed of trafficking for the purposes of prosti- organized and less difficult for them, by traffickers. The girls have to face a

64 SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS SEMINAR ON THE EFFECTS OF LEGALISATION OF PROSTITUTION ACTIVITIES – A CRITICAL ANALYSIS 6 5 lot of sacrifice and fear to report these have much efficacy if a corresponding mes to combat trafficking: people, only to find that in a matter of level of activity is not being carried 1. The abuse of women which prosti- a few months, these people can get out in their countries of origin. Also as tution constitutes and the need to out after having succeeded in nego- regards the prevention of prostitution, outlaw it and find alternative solu- tiating the terms of their sentencing. it is important for them to address it in tions to men’s problems of social This is something, which should be these countries and also the problem identity, their difficulties of relation- changed. It is hoped that with time, of unemployment of women in the ship, sexuality and sexual identity; it may be possible for the Municipal countries of origin, which forces them 2. The recognition on a global una- Council or the NGOs which handle the too come here. Some work needs to nimous basis that prostitution is a cases of the girls to be able to sue for be done to address the poverty that violation of women’s human rights damages and obtain redress on beh- makes them run away from their and that it is inherently a humilia- alf of the girls, also because the work countries. The hardening of the immi- tion of their dignity as persons, as they carry out with them has quite gration laws, which is being carried women and as mothers; a heavy cost. The property of the out, will certainly worsen matters for 3. That the legitimisation of prosti- exploiters should be seized to assist victims, but will not solve the problem. tution and its promotion as an in paying for legal services for the girls It may be worth looking into regulari- employment alternative is a direct and this would be a significant gain. zed legal migration as a way of redu- cause of the international traffick- As regards assistance, the magistra- cing the impossibility of entrance in the ing of women and children for pro- tes sometimes take too much time to West to work legally, which also helps stitution and of paedophilia; issue decrees allowing the issuance of to fuel trafficking. It is also necessary to 4. That prostitution is essentially vio- residence permit to the girls. It is also carryout more projects in the countries lence and abuse of persons and hoped that it would be possible to get of origin to help people remain at home should never be tolerated as a them to fasten up the process. It is a instead of leaving their countries. This valid and healthy social exchange serious oversight to leave those tried is because, given the level of poverty between men and women; and sentenced, after being found in those countries, much as their con- 5. That poverty and the feminisation of guilty, to continue to live on Italian ter- ditions are precarious and dangerous poverty is one of the root causes of ritory, while girls who are victims are here, it would always seem better to trafficking in women and children expelled. There is a strange pheno- stay here than to go back to the poverty for prostitution; menon of women who were managing they left behind. 6. The need to create legal possibili- the trafficking of girls, who succeeded As regards assistance, there should ties of immigration for people from in obtaining residence permits during be more community housing facilities, poor countries, taking the econo- one of the various regularization exer- better funding of the agencies wor- mic interests of both immigrants cises. They continue to remain regu- king with victims and maybe with the and the receiving country into con- larly in Italy, while the victims who did school system, because it is necessa- sideration; not succeed in obtaining it are expel- ry to do a serious programme involving 7. The need to put at the forefront led. This is an injustice. both employment and study because the interests of women and child- As regards prevention, a lot is the most important thing in integrating ren and not the interest of states already being done. Maybe the moda- a person is to have him or her write to combat illegal immigration and lity and type of language being used is and speak the language of the country organized crime; not so efficient and this may explain in which she finds herself. 8. The need to consider that there can why situations are still like this. The It is also necessary to carry out more never be “consent” in prostitution best ways to face getting the message information campaigns through films because no woman has ever “cho- across to convince people not to accept and information jingles to warn people sen” to be a prostitute where she to be trafficked are still under examina- of the dangers they face in accepting to has had valid alternatives to prosti- tion. The language used and modality of be carried abroad to “work”. tution. There are various studies, its use is open for improvement. The Swedish example of outla- which show this often unmentio- Then there is the issue of corrup- wing prostitution is already yielding ned fact; tion in countries like Nigeria, which good fruit against trafficking. It has 9. The need for a revival of solid cul- also fuels trafficking. If it was possible become unprofitable for traffickers to tural and social values which the to have collaboration between the take their “ware” to Sweden and they so-called modernity and urban various governments in which those are directing them more and more to civilization has eroded in many sentenced here are also penalized in other countries where they have less countries, both developed and Nigeria that would give boost to the difficulty of setting up brothels to sell developing. fight against trafficking. It is necessa- their victims. It is to be hoped that ry also to address the issue of poverty other countries would take a cue from These are some of the issues, which of these girls and the situations of their this god example. should first be addressed before one families in their countries. The following issues should be cri- can objectively make proposals for I believe that the huge work we tically examined as a first step to the strategies and programmes to combat are doing in Italy with the girls cannot proposal of strategies and program- trafficking.

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