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Sex Trafficking and Feminist International Ethics

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Sex Trafficking and Feminist International Ethics “Caring” Global Policy? Sex Trafficking and Feminist International Ethics by Kara Santokie A thesis submitted in conformity with the requirements for the degree of Ph.D. Graduate Department of Political Science University of Toronto © by Kara Santokie (2012) Title: “Caring” Global Policy? Sex Trafficking and Feminist International Ethics PhD Political Science, 2012 Kara Santokie, Department of Political Science University of Toronto Abstract Current approaches to sex trafficking appear to be neither very successful in stopping sex trafficking nor, more importantly, very effective in helping those women for whom it is intended. Rather, the overwhelming focus on the issue of prostitution obscures the more fundamental issue of providing relevant assistant to trafficked women. The theoretical debates among academics and feminist activists do not delve sufficiently deep enough into this issue, while the policy discussions and the resulting international policy reflect the moral positions of abolitionist activists and policy-makers regarding the unacceptability of prostitution as a legitimate income-generating activity— a debate that is distinct from the issue of sex trafficking. I will argue that existing national anti-sex trafficking policies in India and Nepal (my two case studies), the regional policy for the South Asian Association for Regional Co- operation, and the United Nations Trafficking Protocol are ineffective because they reflect an association of sex trafficking with prostitution. A more effective policy would dissociate sex trafficking from moral judgments about prostitution. This can be accomplished by applying a feminist ethic of care as a methodology and as a political practice. Trafficked women emerge from a context of complex life histories and decision-making processes. Anti-sex trafficking ii governance structures at the national and international levels are meant to provide care for trafficked women. As a methodology, an ethic of care would employ a critical moral ethnography to distill the experiences and articulated needs of trafficked women in order to show whether this is being accomplished and, if not, why. As a political practice, it can use the information that its methodology necessitates to provide guidance on how these governance structures might best be designed to provide care for trafficked women. iii Acknowledgements This dissertation marks the end of ten years of university life. As with the subjects of my project, I am also socially constituted, and there are many people who have helped along this journey. A moment of self-reflection quickly reveals that I have learnt far more about myself than about International Relations in the past decade, and for that I am very thankful. It is always lovely to meet people who change the course of one’s life. Thank you, Adrian Sieunarine, for never telling me what to do while always believing that I can do anything. Prof. Kimberly Hutchings at the London School of Economics and Political Science made Philosophy intelligible and introduced me to feminist ethics. It opened up a whole new world. For almost six years, my supervisor, Prof. Jennifer Nedelsky, has provided support, guidance and care in a way that is truly an embodiment of all that I have tried to capture in this dissertation. It is my hope that this work is a credit to her. In India, I must thank Oishik Sircar, Debolina Dutta and the entire Sircar family in Kolkata. Many thanks also to Dr. Margaret Mohan for taking me in when I was homeless in New Delhi. In Nepal, Renu Sharma and everyone at the Women’s Foundation of Nepal quickly treated me as a daughter and sister, making my fieldwork experience a chest of treasured memories. I hold a very deep debt of gratitude to the organizations that facilitated my interviews with trafficked women. These were Durbar Mahila Samanwaya Committee and Sanlaap in Kolkata, India. In Nepal, I must thank Samrakshek Samuha, Blue Diamond Society, Biswas Nepal, Change Nepal, Pourakhi, and Naya Sansar. iv Jesslyn Ramlal provided skillful editorial assistance across the miles. In Toronto, Ethel Tungohan and Kate Korycki gave friendship, support and helpful advice. My committee members, Prof. Carol Chin and Prof. Nancy Bertoldi have been unwavering in their help, encouragement and commitment to my work. Finally, this dissertation would not have been without the courageous women who agreed to share their stories with me. I am honoured by their trust and extremely grateful for their generosity in allowing me to establish this type of connection with their lives. Very early on in the journey, I was told, “You must remember us and our children. Write something so that sex workers and our children have their human rights recognized. And to have the views of sex workers put forward in sex trafficking policies.” This is for them. v Table of Contents Abstract ii Acknowledgements iv List of Appendices vii Introduction 1 Chapter One The Ethic of Care 58 Chapter Two Critical Moral Ethnography 101 Chapter Three Transforming Moral Theory Into Action 157 Conclusion 248 Bibliography 254 Appendices vi List of Appendices Appendix 1 Immoral Traffic Prevention Act 1956 (India) Appendix 2 Human Trafficking and Transportation Control Act 2064 (Nepal) Appendix 3 South Asian Association for Regional Cooperation Convention on Preventing and Combating Trafficking in Women and Children For Prostitution Appendix 4 United Nations Convention Against Transnational Organized Crime And The Protocols Thereto Appendix 5 Interview Guide for Trafficked Women vii Introduction Research Question: “Can the ethic of care form the basis of more effective anti-sex trafficking policy?” Men, women and children are trafficked both within and across state boundaries for various reasons. However, the majority of those trafficked for sex are women. As a result, the context of patriarchal social systems, the relationship between sex trafficking and the sex trade, and the way in which female sexuality is intricately embedded in the issue all combine to result in an inordinate amount of attention being placed on the problem. Furthermore, the question of the extent of women’s control over their sexuality tends to inflame passions at all levels of analysis, and this has meant that the terms “trafficking” and “sex trafficking” are often, and incorrectly, used interchangeably. The terms “sex trafficking” and “prostitution” are also often understood either synonymously or in terms of a cause and effect relationship, adding an additional layer of complexity to the issue. All of this makes for a plethora of analyses and opinions on the most effective means of dealing with the issue of sex trafficking, and these are not always to the benefit of trafficked women. This dissertation arose from an observation that current approaches to sex trafficking appear to be neither very successful in stopping sex trafficking nor, more importantly, very effective in helping those women for whom it is intended. Rather, the overwhelming focus on the issue of prostitution obscures the more fundamental issue of providing relevant assistance to trafficked women. In other words, are women getting assistance in a form that they actually want and that would be useful to them? The theoretical debates among academics and activists (mostly feminist with much overlap between the two) do not delve 1 2 sufficiently deep enough into this issue, while the policy discussions and the resulting international policy reflect the moral positions of abolitionist activists and policy-makers regarding the unacceptability of prostitution as a legitimate income-generating activity— a debate that is, it should be noted, distinct from the issue of sex trafficking. In this dissertation, I will argue that existing national anti-sex trafficking policies in India1 and Nepal2 (my two case studies), the regional policy for the South Asian Association for Regional Co-operation (SAARC),3 and the United Nations Trafficking Protocol4 are ineffective because they reflect an association of sex trafficking with prostitution. This has resulted in a “one size fits all” approach that does not adequately help trafficked women and in some cases, perpetuates further harm. I will show how the language of human rights has been adapted by policymakers, academics and activists to fit the contours of the dominant moral judgment against prostitution and layered onto anti-sex trafficking discourse. Much of the sex trafficking literature and practice on the ground make reference to human rights as being the guiding principal in helping trafficked women. The invocation of the language of human rights in anti-sex trafficking discourse, used as such, is distinct from human rights theory. While it is widely agreed that sex trafficking is a violation of women’s human rights, the question of whether prostitution is a violation of women’s human rights is very heavily contested and deeply embedded in discussions of sex trafficking. These are separate issues, but in practice, both sex trafficking and prostitution are treated as being virtually the same human rights violation; furthermore, they are treated and employed as conceptual synonyms in anti-sex trafficking discourse— prostitution is widely viewed as a violation of women’s 1 The Immoral Trafficking Prevention Act 1956. 2 The Human Trafficking and Transport Control Act 2064 (2008). 3 Both India and Nepal are members of SAARC and are signatory to its Convention on the Prevention and Combating of Trafficking in Women and Children for Prostitution
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