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Legalised Prostitution and Sex Trafficking: Evaluating the Influence of Anti- Prostitution Activism on the Development of Human Trafficking Policy

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Legalised Prostitution and Sex Trafficking: Evaluating the Influence of Anti- Prostitution Activism on the Development of Human Trafficking Policy Legalised prostitution and sex trafficking: evaluating the influence of anti- prostitution activism on the development of human trafficking policy Erin O’Brien A thesis submitted for the degree of Doctor of Philosophy at the University of Queensland in August 2010 School of Political Science and International Studies Declaration by author This thesis is composed of my original work, and contains no material previously published or written by another person except where due reference has been made in the text. I have clearly stated the contribution by others to jointly- authored works that I have included in my thesis. I have clearly stated the contribution of others to my thesis as a whole, including statistical assistance, survey design, data analysis, significant technical procedures, professional editorial advice, and any other original research work used or reported in my thesis. The content of my thesis is the result of work I have carried out since the commencement of my research higher degree candidature and does not include a substantial part of work that has been submitted to qualify for the award of any other degree or diploma in any university or other tertiary institution. I have clearly stated which parts of my thesis, if any, have been submitted to qualify for another award. I acknowledge that an electronic copy of my thesis must be lodged with the University Library and, subject to the General Award Rules of The University of Queensland, immediately made available for research and study in accordance with the Copyright Act 1968. I acknowledge that copyright of all material contained in my thesis resides with the copyright holder(s) of that material. Statement of Contributions to Jointly Authored Works Contained in the Thesis No jointly-authored works Statement of Contributions by Others to the Thesis as a Whole No contributions by others Statement of Parts of the Thesis Submitted to Qualify for the Award of Another Degree None Published Works by the Author Incorporated into the Thesis Erin O’Brien. 2010. ‘Dark Numbers: Challenges in Measuring Human Trafficking’ in Dialogue E-Journal. Vol.7(2). — Partially incorporated as paragraphs in Chapter Four. Acknowledgements This thesis began in a lecture theatre a decade ago where I was inspired by the words of a passionate and dedicated teacher. Many years and several continents later, I was still inspired, and extremely lucky to come home to undertake my thesis journey with such a wonderful guide. I owe the greatest debt to my supervisor Barbara Sullivan, without whom, not a word would have been written. I would also like to thank those who improved on my words. Di Zetlin, my associate supervisor, provided invaluable advice and assistance at several key stages throughout the process. Thanks also to Ian Ward for helping to shape the project in its early incarnations. I am also in debt to those who were willing to share their words with me. I was privileged to speak with some of the most talented and interesting people I have ever met, and would like to thank all of my interviewees for sharing their time and expertise. Behind the scenes I have been fortunate to have an unending source of support from my family. I’ve felt the strength of an army of O’Briens, Hewitts, Davidsons, McCabes and Whittons behind me and I would like to thank them for their continued encouragement and interest in my work. I feel blessed to have the support of a close family that inspires me daily. Thank you Blake and Lisa for always listening to my ideas, and ensuring fun and laughter. Thank you Dad for teaching me to argue, and telling me never to silence my voice. And thank you Mum, for reading every word, for supporting every step, and for being the best role model I could ever hope for. I also owe great thanks to my partner, Rob, for enduring the ups and downs, and endless conversations. You have been there for the lowest lows, and I can’t thank you enough for picking me up again with your wisdom, your kindness and your humour. And if it takes a village to raise a child, then it takes a hallway to finish a thesis. My fellow students ensured that while the PhD process may have given me some of the most difficult times in my life, it also gave me some of the best. I’d like to thank my hallway friends, the UQ Feminist Reading Group, and in particular my office companion Alissa Macoun for keeping me afloat with cake and kind words. Abstract In recent policy debates on human trafficking, the relationship between prostitution and sex trafficking has been strongly contested. Many anti- prostitution activists argue that there is a causal relationship between the two. They claim that legalised or decriminalised prostitution leads to increased sex trafficking. This research explores the use of this claim in policy debates, and seeks to measure the impact the advocates of this claim have had on the development of anti-trafficking legislation. The nature of the claim itself, as well as the extent to which the claim has permeated trafficking discourse, is examined. A comparative case study approach is utilised, focusing on key public debates on human trafficking in Australia and the United States during and following the establishment of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children 2000. This research explores the ways in which the claim has been deployed, substantiated and refuted in policy debates, and assesses how influential the advocates of the claim have been in persuading decision-makers and subsequently shaping government policy. The key similarities and differences between the Australian and US debates are also explored with a focus on differing legislative systems and political cultures, the involvement of sex workers and faith-based organisations in debates, and the tactics used by advocates of the claim. This thesis demonstrates that the claim that legalised prostitution leads to increased sex trafficking is derived from a set of key assumptions, arguments and policy proposals that form the ‘anatomy’ of the claim. Aspects of this anatomy, along with the claim itself, are clearly evident in trafficking debates in both Australia and the United States. This thesis argues that advocates of the claim have been more successful in shaping government policy in the United States than in Australia. In the US, decision-makers have explicitly accepted the claim as fact and established it as a basis for US government policy on human trafficking. This is largely the result of the creation of an assumed consensus supportive of the belief that legalised prostitution leads to an increase in sex trafficking. By contrast, decision-makers in Australia attempted to avoid an explicit acceptance or rejection of the claim, though statements and actions indicate both some acceptance and some rejection. This is due, in part, to established systems of legalised prostitution in several states of Australia, differing sexual cultures, a stronger emphasis placed on fact-based evidence by decision-makers, and the active involvement of sex workers and sex workers’ advocates in the decision-making process. Keywords human trafficking, slavery, sex trafficking, sex work, prostitution, abolitionism. Australian and New Zealand Standard Research Classifications (ANZSRC) 1606 Political Science 80% 160603 Comparative Government and Politics 20% TABLE OF CONTENTS List of figures and abbreviations Chapter One - Introduction 1.1 Definitions 1.2 Existing approaches 1.3 Research questions and methodology 1.4 Thesis argument 1.5 Chapters outline Chapter Two – The history of the claim 2.1 Campaigns against sex trafficking 2.2 Perspectives on prostitution and trafficking 2.3 The claim in negotiations leading to the development of the UN Protocol 2.4 The claim in anti-trafficking debates in Australia and the United- States 2.5 Chapter Conclusion Chapter Three – Deconstructing the claim 3.1 The ‘anatomy’ of the claim 3.2 Deployment of the claim in the United States 3.3 Deployment of the claim in Australia 3.4 Similarities and differences in the deployment of the claim 3.5 The use of ‘true stories’ in deployment of the claim 3.6 Impact of ‘stories’ on the deployment of the claim 3.7 Chapter Conclusion Chapter Four – Substantiation of the claim 4.1 Challenges in measuring human trafficking 4.2 Trafficking estimates in Australia and the United States 4.3 Substantiating the claim 4.4 Assertion versus evidence 4.5 Chapter conclusion Chapter Five – Acceptance and rejection of the claim 5.1 Policy makers’ recognition and acceptance of the problem of human trafficking 5.2 Acceptance of policy proposals 5.3 Acceptance of ideology 5.4 Chapter conclusion Chapter Six – Factors influencing acceptance of the claim 6.1 Differences and similarities in political cultures and structures 6.2 Sex workers and sex work activists in the process 6.3 Faith based organisations and coalitions 6.4 Dirty tricks and tactics 6.5 Chapter conclusion Chapter Seven 7.1 Thesis summary 7.2 Recommendations for future research 7.3 Thesis conclusion Reference List LIST OF FIGURES Figure 1 — The anatomy of ‘the claim’ LIST OF ABBREVIATIONS ACC Australian Crime Commission AFAO Australian Federation of AIDS Organisations APJC Australian Parliamentary Joint Committee CATW Coalition Against Trafficking in Women CATWA Coalition Against Trafficking in Women, Australia CWLA Catholic Women’s League of Australia ECPAT USA End Child Prostitution and Trafficking, United States of America HRC Human Rights Caucus IHRLG
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