[Reader-list] Sex Work is Different from Trafficking

[shohini]

Dear Sayantoni:

Thanks for raising so many interesting points. First, about "sexual rights"
and "choices". You are absolutely right to suggest that both are connected.
Everytime we raise the issue of Sex worker's choosing sexwork, we are
confronted with the issue of "false choices". Implicit in this argument (and
I am not suggesting that you  are making this point) is the notion that
sexwork is so obviously an offensive choice that nobody ever makes it unless
they are forced or misled.

The fact is, that no choice emerges in a pure and unfettered space. Choices
are always made from the options available and the range of options always
differ depending on various factors. Class, caste, gender, mobility, social
privileges, circumstances all contribute to the context within which choices
are made. In the unorganized and informal sector, these choices are always
limited. Many sex workers I know have chosen sex work because they believe
its economically a smarter choice than other options available to them.

As sex workers organize themselves, they adopt different strategies. In
Calcutta, the women of Durbar Mahila Samwyaya Committee (DMSC) emphasize
labour whereas, the sexworkers of Sangli don't. Yet both groups are fighting
for "sexual rights". The nature of sex work is intrinsically tied to both
"sex" and "work". In fact, the work is considered bad because it is related
to sex.  Sex workers are marginalized not because certain aspects of their
profession are criminalized but also because they confront social stigma
that is related to manner in which they have chosen to deploy sex.

That's why a sexworkers allegation of being raped is usually met with
responses like "how can whores be raped?"  Similarly,  a rape trial still
involves the discrediting of a woman's testimony on the basis of  her sexual
history. Empowerment of sexworkers are therefore inseparable from the demand
for sexual rights.

You say that "their clients have the full  freedom and empowerment to
sexually express themselves." Sex workers movements all over the world are
asking for this equation to be changed. S/he must have the power to
negotiate and say "no". You will be surprised at how discriminating sex
workers can be and how often they fob off clients they don't like!

I am not sure why you feel that with greater freedom to express our sexual
selves, the value of sex work will diminish. Do we stop eating out because
we have a kitchen at home and the freedom to cook what we like? Sexual
desires are complex and as people feel free to express their sexual selves,
it is likely that the `industry' will diversify.  Demystification of issues
around sex and sexuality will also, hopefully, lead to an erosion of `moral
reservations' and sexphobia. Greater awareness around "sexual rights" will
mean not apologizing for the sexual choices we make regardless of whether we
see sex as commercial, informal, labour, leisure or recreation.

Warmly
Shohini



----- Original Message -----
From: sayantoni datta <sayantoni at rediffmail.com>
To: shohini <shohini at nda.vsnl.net.in>
Cc: Sarai Reader List <reader-list at sarai.net>; Shuddhabrata Sengupta
<shuddha at sarai.net>; <schoolworkshop at yahoogroups.com>
Sent: Wednesday, September 03, 2003 12:57 PM
Subject: Re: [Reader-list] Sex Work is Different from Trafficking


> Dear Lehar and Shohini
>
> Both your emails clarified a lot of confusions for me.However
> would ask you both on the following areas of discomfort.
>
> When you speak of "sexual rights", I assume that underlain in it
> are "choices".Don't you think that sometimes the choices we make
> are not choices at all, but based on an illusion of the same.While
> we may have rights with regard to our sexual selves, how much of
> those rights do we forsake, say for money,marriage or a better
> life. Don't you think that "sex work" is different from "sex"
> itself(leave alone trafficking)....and at the end of the day while
> it is a labour issue for sex workers...it cannot be confused with
> their sexual rights. I don't think sex workers have much sexual
> rights in their profession.While their clients have the full
> freedom and empowerment to sexually express themselves. Like
> agricultural labourers have no land rights for instance.
>
> In a world where sexual norms are exploding, and with a greater
> fight towards establishing sexual rights and ensuring the fact
> that everyone has the freedom to express their sexual selves, the
> value of sex work should really be slowly dimishing rather than
> increasing don't you think? Its because we "mystify" sex so much,
> that it comes as a "shady good" to be consumed in whore houses,
> and tiny brothels and elitest and expensive hotel rooms.or is sex
> to be completely commercialised and are we then to fight for
> consumer rights and labour rights(including minimum wages) rather
> than sexual rights.
>
> What do you think?
>
> Warm Regards
> Sayantoni
>
> On Wed, 03 Sep 2003 shohini wrote :
> >Dear Lehar:
> >
> >I think sex work and trafficking are two entirely different
> >things. The
> >moral brigade in India and abroad have conveniently collapsed
> >issues of
> >coercion and consent. Force and coercian in any profession is a
> >violation of
> >human rights but it is important to understand (and accept) that
> >not all sex
> >work is forced.  I think Shuddha's comparison with forced
> >agricultural
> >labour is a good one.
> >
> >  There will be a debate on whether Prostitution should become
> >legal in JNU
> >on September 5 at 5:30pm. I will be speaking in favour of
> >"decriminalization". The phrase "legalization of prostitution" is
> >wrong -
> >because prostitution happens to be legal in India. In fact, the
> >use of this
> >phrase is an indication of how clueless people are about this
> >issue. Only
> >certain aspects of sex work according to the law on "immoral
> >Trafficking"
> >are criminalized. Confusing issues of consent and coercion will
> >only lead to
> >women losing autonomy over their bodies because the crucial
> >distinction
> >between sexism and sexual explicitness will be lost. It is time
> >that
> >sexuality in India gets debated within a framework of "sexual
> >rights"
> >instead of an alarmist context of "sexual wrongs", violence,
> >abuse and
> >atrocity.
> >
> >Warmly
> >Shohini
> >
> >----- Original Message -----
> > From: Lehar sethi zaidi <leharz at hotmail.com>
> >Sent: Tuesday, September 02, 2003 1:29 PM
> >Subject: [schoolworkshop] TOI Alert: Disturbing Data on the sex
> >industry in
> >Asia
> >
> >
> > > Dear friends
> > > Thanks for your fdback on this issue..attached below are some
> >emails on
> >this
> > > issue..and people's overwhelming concern at this regressive
> >phenomenon..
> > >
> > > tomorrow NDTV has taken up TOI debate and they are having a
> >programme on
> > > 'should prostitution be legalised in India?'
> > > The effort is on to open the sex industry market in this
> >country.. a la
> > > Thailand..Asian women being in 'demand' etc.
> > > DATA from the UN, and Australian and US govts:
> > >
> > > The United Nations has estimated that trafficking in the
> >global sex
> >industry
> > > generates a US$5 billion to US$7 billion profit
> >annually.(13)
> > >
> > > In any market there are demand and supply forces at work. Some
> >argue that
> > > the commercialisation of sex on the Internet and satellite
> >television have
> > > increased the demand for women and children from the
> >developing world to
> >be
> > > trafficked into these new sexual entertainment industries in
> >the western
> > > world.(14) Rather than organised criminal syndicates being at
> >the centre
> >of
> > > the growth of trafficking in women and children, according to
> >some
> >experts,
> > > the key players in the international sex industry in the 21st
> >century are
> > > more likely to be entrepreneurs operating in a liberalised
> >global
> > > market.(15) These entrepreneurs offer products in high demand
> >by consumers
> > > prepared to pay substantial sums of money for the commercial
> >sex services
> > > they offer.(16)
> > > ( Mary Sullivan and Sheila Jeffreys, 'Legalisation of Sex
> >work: The
> > > Australian Experience', Violence Against Women, vol. 8, no. 9,
> >2002, p.
> > > 1145.)
> > >
> > > On the supply side, the rise in displaced persons during the
> >1990s and
> > > decreasing opportunity for regular migration are other
> >factors
> >contributing
> > > to the international growth of people trafficking. Refugee
> >camps for
> > > displaced persons provide a ready pool of vulnerable women and
> >children to
> > > be recruited into the global sex industry.(17) According to
> >the United
> > > Nations High Commissioner for Refugees (UNHCR) there are
> >currently 19 783
> > > 100 persons of concern in the world. For a large number of
> >displaced women
> > > and children, this displacement 'ends in sexual exploitation
> >and debt
> > > bondage'.(18)
> > >
> > > Estimates of the number of people trafficked around the world
> >annually for
> > > sexual exploitation and other forms of exploitation vary from
> >700 000 to 4
> > > million.(19) In Europe the figure has been put at somewhere
> >between 200
> >000
> > > and 500 000 women and children.(20) In any one year it is
> >estimated that
> > > around 50 000 women and children are trafficked into the
> >United States, by
> > > lure, force, deception or coercion to work in the commercial
> >sex
> > > industry.(21) Many believe they are migrating across
> >international borders
> > > to work as domestic workers, waitresses, or models for the
> >fashion
> >industry
> > > not the sex industry. Some women aware they are going to work
> >as sex
> > > workers, are deceived about the conditions of work and find
> >themselves in
> > > debt bondage, servitude or slavery.
> > >
> > > -----
> > > Other references
> > > Transnational Prostitution: Changing Patterns in a Global
> >Context
> > >
> > > Ian Taylor and Ruth Jamieson, 'Sex Trafficking and the
> >Mainstream of
> >Market
> > > Culture', Crime, Law & Social Change, vol. 32, 1999, p. 257;
> >Donna Hughes,
> > > 'Humanitarian Sexploitation', The Weekly Standard, Washington,
> >24 February
> > > 2003; Susan Thorbek and Bandana Pattanaik (eds),
> >Transnational
> >Prostitution:
> > > Changing Patterns in a Global Context, Zed Books, London,
> >2002, p. 1;
> >Linda
> > > Meaker, 'A social response to transnational prostitution in
> >Queensland,
> > > Australia', in Susan Thorbek and Bandana Pattanaik, (eds),
> >Transnational
> > > Prostitution: Changing Patterns in a Global Context, Zed
> >Books, London,
> > > 2002, p. 57.
> > > ---
> > >
> > > - The commercial sex industry in South-east Asia has grown
> >into a key
> > > economic sector that accounts for anywhere between 2 to 14
> >percent of
> >Gross
> > > Domestic Product (GDP), says a new study by the International
> >Labour
> > > Organisation (ILO).
> > > And Asia's economic slowdown, which is throwing many workers
> >out of jobs,
> >is
> > > bound to swell the ranks of sex workers further, says Lin Lean
> >Lim, the
> > > report's author and director of women's concerns for the
> >Geneva-based ILO.
> > >
> > > Based on research done in 1992 and 1993 in Indonesia,
> >Malaysia, Thailand
> >and
> > > the Philippines, the ILO study launched here says the region's
> >sex
> >industry
> > > shows little sign of waning.
> > >
> > > "The scale of prostitution has been enlarged to an extent
> >where we can
> > > justifiably speak of a commercial sex sector that is
> >integrated into the
> > > economic, social and political life of these countries," Lim
> >wrote in the
> > > study, 'The Sex Sector: The Economic and Social Bases of
> >Prostitution in
> > > South-east Asia'.
> > >
> > > "The sex business has assumed the dimensions of an industry
> >and has
> >directly
> > > or indirectly contributed in no small measure to employment,
> >national
> >income
> > > and economic growth," she added.
> > >
> > > Researchers' estimates show that the sex industry's
> >contribution to the
> >GDP
> > > of the four countries range from more than 2 percent in
> >Indonesia to 14
> > > percent in Thailand -- the high-end estimates for those
> >countries.
> > >
> > > Trafficking Sexual Labour: A Trans-national Crime
> > > The globalisation of the world economy has provided new and
> >lucrative
> > > opportunities for criminal entrepreneurs to be relatively free
> > from
> > > detection and prosecution.(1) With the compression of time and
> >distance,
> > > alongside the rapid development of information technologies,
> >criminal
> > > syndicates operate in a global village criss-crossing national
> >borders.(2)
> > > Yet the majority of the policy and legislative instruments and
> >resources
> >for
> > > responding, prosecuting and preventing crime tend to be
> >limited by the
> > > boundaries of nation states. As such, single countries are
> >strategically
> > > disadvantaged in curbing trans-national crimes involving
> >fraud, money
> > > laundering, tax evasion, drug importation, firearms smuggling,
> >terrorism,
> > > sex tourism, cyber-crime, people trafficking and the like. By
> >operating
> > > outside the boundaries of the legal regulation of nation
> >states,
> > > trans-national crime syndicates have been effective in evading
> >law
> > > enforcement activities.(3) Consequently their regulation poses
> >a
> > > particularly difficult challenge for the 21st century.(4)
> > >
> > > http://www.aph.gov.au/library/pubs/CIB/2002-03/03cib28.htm
> > > ------
> > >
> > > Asia's Sex Industry Is Growing Rapidly, Threatening AIDS
> >Efforts, WHO
> >Says"
> > > David Thurber, Associated Press (08.13.01)
> > >
> > > [AEGIS] CDC HIV/STD/TB Prevention News Update 08/13/01
> > >
> > > In a report prepared for a conference promoting government
> >condom
> >programs,
> > > the World Health Organization (WHO) said today that Asia's sex
> >trade is
> > > making efforts to control AIDS more difficult. While Asia has
> >managed to
> > > greatly reduce AIDS with prevention programs encouraging
> >condom use, the
> >sex
> > > trade's move away from traditional districts and into bars,
> >karaoke
> >parlors
> > > and restaurants has made condom distribution more difficult.
> > >
> > > Asia's sex trade is expanding because of rising income
> >disparities as the
> > > region develops; poverty among women; the increased mobility
> >of people;
> >and
> > > an increase in consumerism, the report said
> > >
> > >
> > > The report cites estimates that Thai women sex workers in the
> >cities remit
> > > nearly 300 million U.S. dollars annually to families in rural
> >areas. In
> > > Thailand, prostitution produced between 22.5 and 27 billion
> >dollars income
> > > from 1993 to 1995.
> > >
> > > In Indonesia, where there are brothel complexes tolerated by
> >officials,
> >the
> > > yearly income produced by the sex sector ranges from 1.2 to
> >3.3 billion
> > > dollars a year. This accounts for between 0.8 and 2.4 percent
> >of the
> > > country's GDP, the ILO study says.
> > >
> > > The ILO report estimates that the number of sex workers ranges
> >anywhere
> > from
> > > 0.25 percent to 1.5 percent of the total female population in
> >the four
> > > countries.
> > >
> > > The report cites estimates of the number of sex workers,
> >mainly women,
> >made
> > > in 1993 and 1994. It puts the figure at 140,000 to 230,000 in
> >Indonesia,
> > > 43,000 to 142,000 in Malaysia. The Thai ministry of public
> >health recorded
> > > 65,000 sex workers in 1997, but ILO cites unofficial figures
> >of 200,000 to
> > > 300,000.
> > >
> > > Rene Ofreneo of the University of the Philippines, a co-author
> >of the
> > > chapter on the Philippines, says the estimated 400,000 to
> >500,000
> > > prostitutes in the country approximated the number of its
> >manufacturing
> > > workers.
> > >
> > > But the number of South-east Asians earning a living directly
> >or
> >indirectly
> > > from prostitution -- including waitresses, security guards,
> >escort
> >services,
> > > tour agencies -- could easily reach "several millions", the
> >ILO report
> > > explains. The commercial sex industry, which grew during
> >Asia's boom
> >years,
> > > also operates with increasingly international networks, uses
> >modern
> > > technology and has become a highly organised business.
> > >
> > > But for all the economic impact of the sex industry, many
> >governments do
> >not
> > > have policies on it and do not even concede it exists. "A
> >major hurdle, to
> > > date, is that policymakers have shied away from directly
> >dealing with
> > > prostitution as an economic sector," the ILO report said.
> > >
> > > She added that figures relating to the sex industry "are not
> >in labour
> > > statistics or in development plans" though they impact heavily
> >on human
> > > rights, the work force, crime, and health issues like the
> >transmission of
> > > HIV/AIDS. The extensive reach and deep economic and social
> >roots of the
> > > commercial sex industry make it imperative that governments do
> >not simply
> > > close their eyes to it, especially now that unemployment
> >figures are
> >rising
> > > in South-east Asia.
> > >
> > > While the ILO study was made before the Asian crisis, Lim says
> >evidence in
> > > the Asian slowdown of the eighties show that "those who lost
> >their jobs,
> > > like in factories, were drawn into the sex sector".
> > >
> > > Often, they did so not just to earn money for themselves but
> >to continue
> > > supporting their families, many in rural areas, that rely on
> >their income.
> > > Lim also expressed fears that as more and more children drop
> >out of
> >school,
> > > many would end up in sex work to earn money. "With the rising
> >number of
> > > children not in school, there is danger that the number of
> >child
> >prostitutes
> > > will rise," she pointed out.
> > >
> > > "In countries without social safety nets, people have to find
> >a way to
> > > survive. The danger (of ending up in sex work) is much
> >greater," Lim
> >added.
> > > Poverty rates in the region have been soaring since the Asian
> >crisis
> >struck
> > > last year, with poverty incidence in Indonesia hitting 40
> >percent of its
> >220
> > > million people.
> > >
> > > The ILO study argues that governments need to approach the sex
> >industry in
> > > all its aspects, whether in human rights, health, or as an
> >economic
> > > activity. Definitely, Lim says, "it is not just a question of
> >morality"
> >and
> > > "it is not a case of absolute poverty solely driving the
> >sector".
> > >
> > > "Any meaningful approach to the sex sector cannot focus only
> >on individual
> > > prostitutes," she said. "An effective response really requires
> >measures
> > > directed at economic and social bases."
> > >
> > > She suggests that governments start by making a distinction
> >between child
> > > prostitution -- a violation of human rights -- and adult sex
> >work. With
> >that
> > > distinction made, government will find it much easier to deal
> >with adults
> > > who are forced into it or those who choose to go into sex
> >work, Lim
> > > explains. For those forced into the sex industry, governments
> >should work
> >on
> > > breaking up networks of forced recruitment or trafficking
> >into
> >prostitution
> > > and rehabilitate its victims, the study said.
> > >
> > > Conceded Lim: "Because of the sensitivities, it is very hard
> >to come up
> >with
> > > clear or single perspectives on this". The ILO is not
> >suggesting that
> >states
> > > decriminalise or legalise sex work, but is laying out their
> >options, Lim
> > > says.
> > >
> > > -----
> > >
> > > So is India next on the line after Thailand? IF the Delhi
> >tiems ahs its
> >way,
> > > definitely.
> > >
> > > After the 'modelling'revolution, its the sex indusry.. the
> >ultimate
> > > commodification of women.
> > > IF it prostutionis legailised many of the headaches will go..
> >esp it makes
> > > traficking easier and gives 'added incentives'to women to join
> >the sex
> > > trade- considering that entire tribal villages have been
> >uprooted and
> >forced
> > > to enter the flesh trade, many oppressed castes have become
> >'prostitues'
> >for
> > > the upper caste village headmen etc. in this era of
> >urbanisationand
> > > globaisation. This move is simply aiding ina further
> >consumerisation of
> >this
> > > expoloiation.
> > > Times of INdia has a mala fide intent.I would have nderstood
> >it if some
> > > women;s group had made therequest.. and even then..
> > >
> > > Please wriote innto the TOI and also to feedback at ndtv.com
> > > NDTV invited me and some other colleagues as audience..would
> >you be
> > > interested in coming for this programme and making ur views
> >heard..? they
> > > still need more voices.
> > > please let me know on 98684 36944
> > > best
> > > Lehar.
> > >
> > >
> > >
> > >
>
>--------------------------------------------------------------------------
> >--------------------------------------
> > > An al Haqq- I am the Truth
> > > Mansoor al Hallaj, Sufi saint, 932 AD
> > >
> > >
> > >
> > >
> > >
> > >
> > > >
> > >
> > >
> >_________________________________________________________________
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> >http://server1.msn.co.in/features/virgo03/ With
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> > >
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