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Imaginary Penalities: Reconsidering Anti-Trafficking Discourses and Technologies

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Imaginary Penalities: Reconsidering Anti-Trafficking Discourses and Technologies The London School of Economics and Political Science Imaginary Penalities: reconsidering anti-trafficking discourses and technologies Paraskevi Boukli A thesis submitted to the Department of Law of the London School of Economics for the degree of Doctor of Philosophy, London, April 2012 1 Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. I declare that my thesis consists of 100,107 words. 2 Abstract The antithesis between a criminalisation and a human rights approach in the context of trafficking in women has been considered a highly contested issue. On the one hand, it is argued that a criminalisation approach would be better, because security measures will be fortified, the number of convictions will inevitably increase, and states’ interests will be safeguarded against security threats. On the other hand, it is maintained that a human rights approach would bring more effective results, as this will mobilise a more ‘holistic’ approach, bringing together prevention, prosecution, protection of victims and partnerships in delivering gendered victim services. This antithesis, discursively constructed at an international level, cuts across a decentralised reliance on the national competent authorities. To investigate this powerful discursive domain, I set these approaches within the larger framework of a tripartite ‘anti-trafficking promise’ that aims to eliminate trafficking through criminalisation, security and human rights. I ask how clearly and distinctively each term has been articulated, by the official anti-trafficking actors (police and service providers), and what the nature of their interaction is within the larger whole. In grappling with these questions, I undertake both empirical and theoretical enquiry. The empirical part is based on research I conducted at the Greek anti-trafficking mechanisms in 2008-2009. The theoretical discussion draws, in particular, on the concept of ‘imaginary penalities’ introduced in the criminological work of Pat Carlen. I consider what it might mean to bring this concept to bear in the context of anti-trafficking. In my analysis, criminalisation is linked to a ‘toughness’ rhetoric, an ever-encroaching and totalising demand for criminal governance. Security is shown to express the contemporary grammar of criminalisation, crafting a global language of risks and threats as core elements of the post 9/11 ideological conditions in the area of crime control. Finally, human rights are figured as tempering or correcting the criminal law for the sake of victims’ protection. Together, these three elements constitute a promise that, once they are balanced and stabilised, trafficking can be abolished. Yet it is not only trafficking that is at stake. My study shows how anti-trafficking discursive formations also produce particular forms of subjectivity and conceptions of class, sex, ethnicity and race. The upshot is to bring into focus the imaginary penalities at the centre of anti-trafficking discourses and technologies, while also suggesting the possibilities for contesting and transforming their subjects and fields of operation. The thesis opens up the conceptual map of future critical engagement with the relation of structural inequalities and imaginary penalities. 3 Acknowledgements I am grateful to the Alexander S. Onassis Foundation that enabled me to undertake doctoral research at the London School of Economics. I owe an immense debt of gratitude to my supervisors Professors Christine Chinkin and Susan Marks for their support throughout the PhD process, invaluable expertise, guidance, inspiration, wisdom and their inexhaustible patience particularly with my unsatisfactory first drafts and my tendency to overcomplicate things. I also owe an immense debt of gratitude to Dr Chaloka Beyani for his comments, encouragement and support at critical times during the first years of my research. I would also like to thank the many individuals from the research field who made this research feasible and the whole process a privilege and a pleasure. I owe my initial preoccupation with this research area to Professors Frances Heidensohn, Georgios Nikolopoulos, Grigoris Lazos and Afroditi Koukoutsaki. Afroditi introduced me to Critical Criminology, and I thank her for her persistence on those first readings in 2002. Professor Nicola Lacey and Dr Suki Ali have been extremely generous with their feedback on earlier drafts of individual chapters; I am most grateful to them. Professor Alain Pottage, Dr Tatiana Flessas, Dr Peter Ramsey, Dr Manolis Melissaris and Dr Panos Kapotas have provided inspirational guidance on theoretical debates, I thank them and I hope that our dialogues have only just begun. Dr Kate Steward, Dr Georgios Papanicolaou and Dr Peter Dunn have been friends since I first arrived in the UK; my arguments have been influenced by their inspirational writings, sharp insights and guidance throughout these years, I consider myself extremely fortunate to have met them. During the final stages of my PhD, I was granted a fund for covering proof reading costs; I am grateful to the Law Department of the London School of Economics for this grant, and to Mrs Rachel Murray (copyeditor) for her valuable (grammatical and typographical) suggestions on earlier drafts of some of my chapters. Friends and family have provided help at various stages. I wish to express my gratitude to Kyriaki and Nikos Grigoriadi, and to Eleni and Ioannis Grigoriadi for their love and dedication. Fanny Katerinaki, Georgios Makris and Ioannis Adamopoulos have provided inspiration in the form of wisdom and strength. With Chrysanthi Nigianni and Katerina Panou, we are co-habiting an unconditional space for thinking, breathing and articulating all sorts of transitions. During the first year of my PhD and while I was obliged to be in the UK, Gregory Grigoriadis, my grandfather, succumbed to his illness. During the same period Konstantinos Bouklis, my brother, was born and came to re-affirm that there is so much more in life that escapes articulation. Finally, I thank my parents, Chrysa Grigoriadi and Stylianos Bouklis, for their unconditional love, understanding, tolerance and constant reminders: ‘[a]nd yet we should consider how we move forward’ (George Seferis, ‘Logbook II’). P. S. Bouklis London 2012. 4 Table of contents Chapter 1........................................................................................................................8 Introduction to Anti-Trafficking....................................................................................8 Legal Knowledge...................................................................................................9 Law Enforcement and Human Rights..................................................................10 Criminalisation, Security, Human Rights ............................................................12 Theorising Anti-Trafficking: what is the problem?.............................................15 Key Studies in Trafficking: ways to address the problems..................................16 Modes of Anti-Trafficking: interventionism between criminalisation and human rights ....................................................................................................................18 Modes of Anti-Trafficking: correlation and dependence.....................................26 Threats: organised crime, smuggling, corruption, illegalised migration............27 More Threats: sex, slavery, subjectivities............................................................32 Trafficking of Women, Slavery of Women .........................................................34 Contemporary Debates and ‘Combat’ .................................................................40 Victimisation and Sex Work: conflicts and new feminist becomings .................42 Conclusions in Theory and Problems ..................................................................45 Questions: anti-trafficking penality and gender-formation..................................46 Methodology: Greek case study and ‘imaginary penalities’................................47 Anti-Trafficking Imagination...............................................................................52 Gendered Becomings..........................................................................................57 Central Argument and Contribution ....................................................................59 Mapping Out the Chapters...................................................................................59 Part I.............................................................................................................................63 Chapter 2......................................................................................................................63 Imaginary Anti-Trafficking: Criminalisation ..............................................................63 Introduction..........................................................................................................63
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