Human-trafficking for Sexual Exploitation in Australia: The Deafening Silence on Demand by Lisa Mary Connell Centre for Strategic Economic Studies Faculty of Business and Law Victoria University, Melbourne, Australia A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy (April 2012) Abstract Significant resources have been directed at stemming sex-trafficking. Despite this, it continues to flourish. The harm that results from an illicit global industry that nourishes crime, corrupt officials, and opportunistic consumers, is immense. This thesis presents a conceptual framework to consider the complexity, power relationships and reality of sex-trafficking. The thesis describes the extent of, and harms caused by, sex-trafficking internationally and into Australia. It examines international efforts to fight the problem, noting that these encounter two fundamental barriers. The first is that poverty and sex discrimination in source countries generates an ongoing supply of trafficked women. The second in the words of one senior United Nations official is that ‘demand – at least for sexual exploitation – is largely the problem of the developed world ... Sexist attitudes, lifestyles that insult the dignity of women, and expensive media and advertising campaigns that exploit their bodies create a market for gender-based exploitation’ and trafficking (Luiz Carlos Da Costa ). Using an ethical-philosophical approach, the thesis explores fundamental concepts such as power, framing, choice, agency, exploitation, consent, adaptive preferences and the capabilities needed to lead a fully human life. Interviews on the ethical and policy issues with a number scholars, ethicists, criminologists, jurists, senior policy- makers and outstanding contributors to public-policy debates permits the thesis to test and extend its conceptual framework. This engagement, a virtual colloquium, reinforces that ethically robust policy development requires a demand focus that must take in the global political, economic, gender and cultural environment. 2 Doctor of Philosophy Declaration I, Lisa Connell, declare that the PhD thesis entitled ‘Human-trafficking for sexual exploitation in Australia: The deafening silence on demand’, is no more than 100,000 words in length including quotes and exclusive of tables, figures, appendices, bibliography, references and footnotes. This thesis contains no material that has been submitted previously, in whole or in part, for the award of any other academic degree or diploma. Except, where otherwise indicated, this thesis is my own work. 3 Acknowledgments Drawing from personal experience, academic knowledge and insight from research participants, this thesis has been a journey that has led to a greater appreciation of knowledge, wisdom and humanity’s need to strive for a better world. To my primary supervisor, Dr James Doughney, I extend heartfelt thanks for encouraging my academic growth and dissuading me from taking head-on various criminal elements associated with the sex-trafficking industry! Your humour, wisdom and lateral thinking, evident in the past few years, contributed greatly to my understanding of social challenges. To my associate supervisor, Dr Jacques Boulet, I thank you for your patience, gentleness and insight into understanding reality in all its complexity and for being a great support when I needed one. Particular thanks must be extended to all the participants in the virtual colloquium (chapter 6), who gave their time, enthusiasm and insights into enhancing my understanding of sex-trafficking. To my friend Kate O'Rourke, who provided critical feedback, support and encouragement throughout the past few years, I wish to say a huge thank you. You kept me going! To my parents and family, for your support and for hiding a glazed-eye look when I launched into a discussion of the critical importance of various theoretical approaches, thank you. Finally, to my husband, Greg Ayles, thank you for providing compassion when I encountered challenges and for your endless patience and support throughout this process. 4 List of Publications and Awards Connell, Lisa and Doughney, James 2010, ‘Human-Trafficking: Responsibility for Demand and Moral Responsibility’, Journal of Globalization for the Common Good, the 9th Common Good Conference proceedings, California Lutheran University, Thousand Oaks, USA (ISSN 1931-8138), [available at http://lass.calumet.purdue.edu/cca/jgcg/2010/jgcg-2010-connell-doughney.htm] 5 Table of Contents Abstract 2 Student Declaration 3 Acknowledgements 4 List of Publications and Awards 5 Table of Contents 6 List of Figures 10 List of Tables 10 Acronyms 11 Chapter 1 Introduction 1.1 Introduction 15 1.2 The importance of sex-trafficking research 17 1.3 Contribution, originality and significance of this thesis 19 1.4 Research design and method 21 1.5 Sources of data, literature and insight 26 1.6 Reconceptualising the sex-trafficking discourse 30 Chapter 2 An overview of sex-trafficking into Australia 2.1 Introduction 39 2.2 Definitions of the trafficking process 40 2.3 Sex-trafficking harms 45 2.4 Extent, profits and geography of trafficking 47 6 2.5 International instruments and counter-trafficking strategies 53 2.6 Sex-trafficking and the commercial-sex industry in Australia 61 2.7 Backgrounds of women sex-trafficked into Australia 73 2.8 Conclusion 82 Chapter 3 A demand focus on sex-trafficking 3.1 Introduction 85 3.2 The nature of sex-trafficking demand 88 3.3 Cultivated demand: law and normalisation 94 3.4 The demand chain: sex-trafficking journeys into Australia 100 3.5 Primary and derived demand: end-consumer, sex-trafficker and employer 106 3.6 Artificial demand: legal brothels, gambling and pornography 114 3.7 Conclusion 121 Chapter 4 Applying philosophy/ethics to sex-trafficking 4.1 Introduction 124 4.2 Concepts embody values, standards and purposes 127 4.3 Human dignity and human rights 138 4.4 Harm, exploitation and prostitution 145 4.5 Harm, exploitation and the definition of sex-trafficking 153 4.6 Adaptive preferences, capabilities and agency 163 4.7 Conclusion 172 7 Chapter 5 Power and framing in sex-trafficking 5.1 Introduction 178 5.2 Dimensions of power in theory and practice 180 5.3 The third dimension of power in sex-trafficking 189 5.4 Power, framing and sex-trafficking 198 5.5 The framing of sex-trafficking in Australia 204 5.6 Framing in the UN.GIFT conference speeches 209 5.7 Conclusion 225 Chapter 6 The virtual colloquium 6.1 Introduction 229 6.2 Ethics, philosophy and sex-trafficking 232 6.3 Conceptual frameworks and sex-trafficking 242 6.4 Human-trafficking definitions and the slavery framework 245 6.5 Debt-bondage 253 6.6 Sex-trafficking and the concepts of agency, force and coercion 259 6.7 Sex-trafficking, consent and adaptive preference formation 267 6.8 Sex-trafficking and human-rights 271 6.9 Sex-trafficking and commercial sex industry legislation 275 6.10 Sex-trafficking demand 281 6.11 Policy formation and organisational implementation 292 6.12 The political economy and sex-trafficking 298 6.13 Criminal-justice, migration and law reform 299 6.14 The everyday-acting level and sex-trafficking 313 6.15 Conclusion 318 8 Chapter 7 Conclusion and policy implications 7.1 Introduction 324 7.2 Thesis argument reviewed and clarified 324 7.3 Policy considerations and implications 335 7.4 Conclusion 342 Appendix A 345 References 348 9 List of figures 2.1 Elements of the trafficking process 42 2.2 Trafficking continuum 44 2.3 Sex-trafficking pathways 51 2.4 Implementation categories for the Palermo Protocol 58 2.5 Human development indicators relevant to sex-trafficking into Australia 77 3.1 Demand for sex-trafficked labour 91 5.1 Linear relationships present in sex-trafficking 191 5.2 Complex relationships present in sex-trafficking as per Boulet (1985) 191 List of tables 2.1 Annual profits from trafficked as percentage of total 49 2.2 Estimated annual profits from forced CSE with trafficked victims 50 2.3 Global law enforcement data on human-trafficking 2011 60 2.4 Australian government funding for anti-trafficking measures ($m) 72 4.1 What makes a market noxious? 151 5.1 Archavanitkul’s trafficking continuum and Lukes’ first dimension of power 183 5.2 Archavanitkul’s trafficking continuum and Lukes’ third dimension of power 188 10 Acronyms ACC Australian Crime Commission ACRATH Australian Catholic Religious Against Trafficking in Humans AFP Australian Federal Police AIC Australian Institute of Criminology AIDS Acquired Immunodeficiency Syndrome ANAO Australian National Audit Office APTIDC Ant-People Trafficking Interdepartmental Committee of the Commonwealth of Australia ASEAN Association of South East Asian Nations ASEM Asia-Europe Meeting AusAID Australian Agency for International Development CSE Commercial sexual exploitation CATW Coalition Against Trafficking in Women CAV Consumer Affairs Victoria CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CSW Commercial Sex Work CTMD Counter Trafficking Module Database DEVAW UN Declaration on the Elimination of Violence against Women 1993 DIAC Department of Immigration and Citizenship DPP Department of Public Prosecutions EC European Commission EEA European Economic Area EI Education Index EPCAT End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes 11 EU European Union EUROPOL European Police Office FBI Federal Bureau of Investigation GAATW Global Alliance Against Trafficking in Women GDP Gross Domestic Product GDI