Sex Work and Human Rights

Reblogged

South Korea: Sex workers fighting the law and law enforcement | Reblogged from Open Democracy

Film Still from Grace Period (2015) Courtesy of Caroline Key + KIM KyungMook. All Rights Reserved.

Film still from Grace Period (2015). Courtesy of Caroline Key and Kim KyungMook.

By YuJin, Popho E.S. Bark-Yi, and Matthias Lehmann

South Korea introduced a raft of new laws against sex work in 2004. These repressive policies are now up for constitutional review due to the intense reaction by sex workers there.

First-time visitors to South Korea may easily assume that selling sex is legal there, as major train stations are typically engulfed by an array of neon signs inviting patrons to enter massage parlors, noraebangs (lit. a ‘singing room’, essentially the same as a Japanese karaoke bar), and brothels. Media reports frequently quote statistics about the alleged net worth of the South Korean sex industry. However, laws repressing sex work are almost as ubiquitous as commercial sex venues themselves, particularly after 2004, when South Korea adopted the anti-sex trade Laws.

Between 2000 and 2002, a series of fires in Korea killed 24 sex workers, exposing the poor conditions in parts of its sex industry. In response, the government vowed to eradicate prostitution and embarked on an aggressive campaign against businesses facilitating it. Riding the wave of public outrage, women’s rights activists campaigned for a legal reform and their proposals eventually served as blueprints for the two-tiered anti-sex trade laws, which criminalise both buyers and sellers of sexual acts, except for anyone coerced into selling sex.

The new legislation reversed decades of de facto toleration of sex work by regulators and law enforcement. The anti-sex trade laws of 2004 replaced the Law Against Morally Depraved Behaviors (prostitution) of 1961, which wasn’t enforced homogeneously, and previously, even the government had actively engaged in organising commercial sex venues to cater to US military personnel stationed on the Korean peninsula.

The anti-sex trade laws have caused many negative, allegedly unintended consequences. According to a 2012 UN report, “police crackdowns from 2004-2009 resulted in [the] arrest of approximately 28,000 sex workers, 150,000 clients, and 27,000 sex business owners”, and 65,621 arrests were reported for 2009 alone. As researcher Sook Yi Oh Kim states, “the average prosecution rate of sex workers is 26.3%, higher than that of sex buyers, and none of the sex workers arrested are treated as victims”. Police crackdowns have led to an overall reduction of red-light districts. Of 69 red-light districts that existed in 2002, 44 remained by 2013. This represented a slight increase from 2007, when a government-commissioned report had located 35.

Police raids are often carried out very violently, and in November 2014, a 24-year old single mother died after jumping out of a motel room to escape arrest by an undercover police officer posing as client. In stark contrast to their usual reporting, most Korean media remained distinctively silent about the case. The continued repression has forced an increasing number of sex workers to work underground, resulting in lower incomes, poorer working conditions, and an increase in violence perpetrated against them. Sex workers worry more about police raids than about screening their clients, an essential measure, as violence or mistreatment from clients are very common. A substantial number migrates to sell sex abroad, at times under exploitative conditions, as they calculate that conditions in Korea threaten them at least to the same extent but yield considerably lower earnings.

The trailer for Grace Period, which documents sex worker life and collective resistance in a South Korean brothel district.

Giant Girls and Hanteo against the law

Two organisations actively campaign for the rights of sex workers and against the laws. One is Hanteo, the National Union of Sex Workers, and the other is Giant Girls. Hanteo, which means ‘common ground’, was founded in 2004 and represents 15,000 sex workers as well as some brothel owners. Giant Girls, or GG, was founded in 2009 by a group of feminists along with a number of sex worker activists. GG aims at building a stronger sex worker movement to mobilise against the criminalisation of sex work, in part by working to remove the social stigma attached to sex work.

Yujin started selling sex online five years ago, in order to afford his tuition fees. YuJin self-identifies as a gay sex worker and is a member of GG. Prior to his entrance into the business he had never met anybody who was ‘out’ as a sex worker, and he knew nothing about how to work. Since all aspects of sex work are illegal in Korea, beginners often feel isolated and lack basic work and safety information. Yujin decided to tweet about his experience soon after he started working, which brought him into contact with other sex workers. Like him, these other sex workers did not ‘act immorally to earn easy money’, as the prejudice would have it, but worked hard, albeit without being respected as workers and citizens.

In 2005, sex workers established 29 June as the national day of solidarity with sex workers, coinciding with the date on which the laws were passed. Resistance from sex workers has taken many other forms. Protests organised by Hanteo in 2011 gained worldwide notoriety, as they culminated in dramatic scenes at the Yeondeungpo red-light district in Seoul, where some activists threatened to self-immolate as the confrontation with the police escalated. The events are well documented in the film Grace Period by Caroline Key and KyoungMook Kim.

In 2013, District Court Judge Won Chan Oh submitted a request for a constitutional review of the laws after accepting the argument made by sex worker Jeong Mi Kim that sex work fell under her right to self-determination. Therefore, in sentencing her for selling sex the state had violated article 10 of the Korean constitution, which holds that “all citizens shall be assured of their human worth and dignity and shall have the right to pursue happiness”.

This opened a window for a phase of much more intense sex worker activism. In April 2015, sex workers and activists staged a protest in front of the constitutional court where a public hearing was held as part of the review. They submitted a petition signed by nearly 900 sex workers arguing that the government had no right to “use criminal punishment to discourage voluntary sex among adults”. The following June, GG organised a forum to draw further attention to the fact that “these laws are not simply laws that aim to punish buyers and sellers of sexual services, but have far wider implications … encompass[ing] social issues including sexual morality, sexual self-determination, and the right to choose one’s vocation”.

Sex worker activist Yeoni Kim once said in an interview with Matthias (one of the present authors) that, “the Swedish model is terrible, violates sex workers’ rights, and adds to the stigmatisation of sex work. But, frankly speaking, one could almost say it would be better to have that terrible law than having to continue fearing arrests and police violence under the anti-sex trade laws.” Hearing one of the most seasoned Korean sex worker activists prefer a slightly less terrible law over another should put all talk about ‘choice’ and ‘agency’ into perspective.

In September 2015, Hanteo staged a larger protest in downtown Seoul. Around 1,500 sex workers demanded an end to the government’s repression, shouting slogans and holding up signs in Korean and English that read “Repeal the anti-sex trade laws!”, “we are workers!” or “adopt Amnesty’s declaration!”.

Last year, when the constitutional court struck down the 62-year-old adultery law, it cited “the country’s changing sexual mores and a growing emphasis on individual rights”. Similar logic should govern the decision on the anti-sex trade laws, which is still pending, however some women’s rights and social conservative groups are continuing to stage protests to prevent a decision against the laws, citing fears over human trafficking and minors engaging in sex work.

The battle slogan... Image by Open Democracy

Migration from Asian countries to South Korea has increased in recent years, and nobody suggests that the country is immune to migrant smuggling or human trafficking. Marriages between comparatively affluent Korean men and poorer southeast Asian women remain common in rural areas, as do the problems arising from illegal practices by marriage brokers or from violence perpetrated by Korean men against their foreign wives, whom they sometimes appear to seek only for reproductive purposes and household or farm labour.

There have also been occurrences of migrants being trafficked into commercial sex venues, but it is crucial to separate human trafficking from consensual adult sex work. Cases of human trafficking or exploitation of migrants have been detected in numerous industries, including in the fishing, agricultural, or manufacturing industries. Migrants of all genders, as well as Korean citizens, are affected by conditions amounting to forced labour. It is therefore disingenuous to suggest that the problem is limited to women who are forced to sell sex, and to thereby disregard the experiences of trafficked persons and migrants in other industries, which include sexualised violence.

We are opposed to any form of violence. Sex and sexualised violence, however, are not the same. Consensual sadomasochistic sexual practices and actual violence are different, just as consensual sex work and being trafficked into the sex industry are different. People may choose to engage in sex work because they experience stigma as single mothers or due to their sexual orientation, or if other factors limit their options on the formal labour market.

Sex work itself is not violence Image by Open Democracy

Sex work itself is not violence and to suggest otherwise dilutes the meaning of violence. If we really want to curb human trafficking, we have to address the systemic circumstances that marginalise people and render them vulnerable. As sex workers’ rights activists, we have a stake in seeing human trafficking effectively addressed. The battle slogan ‘prostitution is violence against women’ harms both sex workers and trafficked persons as it drives the creation and perpetuation of precisely those failed laws and policies that enable traffickers to prey on vulnerable populations.


About the authors

YuJin self-identifies as a gay sex worker and is a member of Giant Girls, one of two organisations actively campaigning for the rights of sex workers in South Korea.

Popho E.S. Bark-Yi is a feminist researcher and activist in South Korea. Her work focuses on sexuality and on basic income.

Matthias Lehmann is a German researcher and activist, currently focusing on sex work regulations in Germany. His prior research dealt with human rights violations against sex workers in South Korea. He is an active member of ICRSE.

Sex workers speak - Who listens - Open Democracy + Prospol Headers

This article was first published by Open Democracy as part of the ‘Sex workers speak: who listens?’ series on Beyond Trafficking and Slavery, generously sponsored by COST Action IS1209 ‘Comparing European Prostitution Policies: Understanding Scales and Cultures of Governance’ (ProsPol). ProsPol is funded by COST. The University of Essex is its Grant Holder Institution. Please note: this article is published under a Creative Commons Attribution-NonCommercial 4.0 International licence. If you have any queries about republishing please contact Open Democracy. Please check individual images for licensing details.


Work Problems

Work problems translated from the original by erzaehlmirnix

German original by Nadja Hermann. Translation by Matthias Lehmann. Posted with kind permission. See also “(Sex) Work Logic” + “Prostitutes Protection Law Logic”.


The “Dortmund Model” – Hardly a good example of sex work regulation

While some politicians are against the forced registrations of sex workers, their statements will amount to little more than lip service if they allow the ruling coalition to push the “Prostitutes Protection Law” through parliament. As sex workers worldwide prepare for December 17th, the International Day to End Violence Against Sex Workers, those working in Germany are increasingly worried about the new law and its impact on their health and safety.

Research Project Germany

Off-limit + tolerance zone Dortmund [cropped]

Off-limit and tolerance zone (in green) in Dortmund’s city centre (click to enlarge)

Last week, a local news outlet in Dortmund published an article that illustrated the gulf between sex workers and proponents of fully decriminalising sex work on the one hand, and even those politicians who oppose forced registrations of sex workers as part of the planned “Prostitutes Protection Law” on the other. The below is a translation of said article and a short commentary.

Prostitution Law: Discussion about Sanctions

The updated draft of a new prostitution law was the subject of a discussion between Sabine Poschmann, member of the German parliament (MdB) for the Social Democrats (SPD), and representatives of the Mitternachtsmission (Midnight Mission), a counselling centre for current and former sex workers as well as trafficked persons, which had previously strongly criticised the design of the draft bill. Where the MdB of Dortmund’s chapter of the…

View original post 750 more words


Prostitutes Protection Law Logic

This cartoon is about the planned “Prostitutes Protection Law” in Germany, but the logic applies nearly everywhere.

Research Project Germany

ProstSchG Logic - translated from the original by erzaehlmirnix


German original by Nadja Hermann. Translation by Matthias Lehmann. Posted with kind permission.

View original post


(Sex) Work Logic

(Sex) Work Logic - translated from the original by erzaehlmirnix


German original by Nadja Hermann. Translation by Matthias Lehmann. Posted with kind permission.
See also
“Prostitutes Protection Law Logic”


“Sex workers have the same rights as everyone else” – Press Release by Voice4Sexworkers

Research Project Germany

Voice4Sexworkers Header

Amnesty International supports the human rights of sex workers and calls for the decriminalisation of sex work

Please click here to view the German original.

At the conclusion of its International Council Meeting in Dublin on August 11th, 2015, Amnesty International voted to henceforward support sex workers’ human rights and call for the decriminalisation of sex work.

Voice4Sexworkers, an NGO by and for sex workers, welcomes the long overdue decision by Amnesty International, as the global sex workers’ rights movement has demanded the very same since decades already.

In Germany, for instance, abolishing the pimping law [§181a of the German Criminal Code] was already suggested in 1973, since labour exploitation and taking advantage of the plight of third parties are already prohibited in accordance with the human trafficking law [§233 of the Criminal Code].*

People who work in the sex trade are not helped by destroying its logistics and…

View original post 494 more words


Re-blogged: Will South Korea’s queer movement embrace or abandon MTF transgender sex workers?

Lucien Lee at the 2014 Korea Queer Festival in Seoul. Photo by KQCF (left) and Lucian Lee (right) All Rights Reserved.

Lucien Lee at the 2014 Korea Queer Festival in Seoul.
Photo © KQCF (left) and © Lucian Lee (right). All Rights Reserved.

By transgender sex worker Lucien Lee in Seoul

한국어 원본을 보시려면 여기를 누르세요.
Please note that the different copyrights for the respective photos.

Homosexuals once used to be outlaws, persecuted by the police and at the mercy of powerful justice systems in countries we now refer to as advanced. However, many places remain where homosexuals continue to be persecuted and even killed. In South Korea, however, homosexuals have never been outlaws. Unless a homosexual male engages in sexual activities with another person of the same gender while on leave from his mandatory military service, in which case the infamous Article 92 (6) of the Military Criminal Code, also known as “Sodomy Law”, applies, South Korea does not outlaw homosexuality. [1]

That may have been the reason why South Korea’s queer community had great difficulties to accept it when sex workers, who are criminals according to the 2004 Anti-Sex Trade Laws, joined the 2013 Korean Queer Festival and identified themselves as sexual minorities oppressed by sexual morality. Comments like “What are you whores doing here?” came as no surprise because nobody would want to mingle with outlaws.

When I joined the Korea Queer Festival a year later as a transgender sex worker together with other sex workers, the reactions from people were quite different. Maybe that was because they couldn’t easily other me as a non-queer “whore” because I am a male to female transgender person. That day, we handed out a thousand copies of “A letter from independent sex worker ‘T’ to the LGBAIQ community”. [2] But other than that, sex workers’ rights are still not considered a part of queer issues.

Various research reports provide data about the ratio of sex workers among transgender people but those figures vary widely due to their limited sample sizes. It is undeniable, however, that those working at Itaewon’s transgender bars are the most visible group of South Korea’s transgender community.

On May 23rd, 2015, South Korean daily Dong-a Ilbo featured an article about transgender sex workers, which revealed the particular locations, times, and how much money is required to buy sexual services. But even before that article, it was impossible to hide transgender sex workers from the public view, and this visibility, together with a greater awareness among the cis-straight society in general, will likely result in police raids specifically targeting transgender sex workers, just as they targeted and demolished red light districts before.

A taxi driver interviewed for the abovementioned article said, “I’ve been a taxi driver for almost twenty years, and they [transgender sex workers] were already here when I started.” Traditionally, sex work is often the only viable source of income for male-to-female transgender people. We cannot survive economically if such a transgender-specific persecution occurs. We cannot easily change our jobs.

Sex workers and activists protest in front of South Korea's Constitutional Court. © 2015 Matt Lemon Photography. All Rights Reserved.

Sex workers and activists protest in front of South Korea’s Constitutional Court.
© 2015 Matt Lemon Photography. All Rights Reserved.

On April 9th, 2015, a first public hearing was held at South Korea’s constitutional court in the ongoing review to determine whether the 2004 Anti-Sex Trade Laws are unconstitutional. Article 21 (1) of the Anti-Sex Trade Laws Punishment Act penalises sellers of sexual acts with up to one year in prison or fines of up to 3 million won (approx. £1,765/€2,485/$2,735), except for those who were coerced. The article is not gender-specific and therefore applies to male and transgender sex workers, too.

The female sex worker, whose arrest and subsequent trial led to the constitutional review, standing in the middle of the above photo, argues in favour of the decriminalisation of sex work limited to female sex workers only. However, members of South Korean feminist organisations, who used to advocate for what they referred to as “decriminalising female prostitutes”, have spoken out against this woman as they fear that if the article were to be ruled unconstitutional, buying sexual acts would also no longer be criminalised. Even if one were to accept their opinion that female sex workers are victims of a capitalist system, and hence innocent, whereas male buyers are guilty, their insistence on keeping the 2004 Anti-Sex Trade Laws makes no sense, as it punishes innocent people.

Korean anti-prostitution activist. © 2015 Matt Lemon Photography. All Right Reserved.

Anti-prostitution activist holding up signs saying
“There are things in the world that cannot be traded.”
© 2015 Matt Lemon Photography. All Rights Reserved.

Despite the importance of this review, none of the LGBT organisations has so far made their stance on this issue publicly known. That is one of the reasons why, although the sexual minority movement is often referred to as “LGBT” or “queer” movement, in reality, it is more considered as a “homosexual” movement by the public.

Police raids targeting transgender sex workers would force transgender people to organise demonstrations in the same way as sex workers working at the Yeongdeungpo red light district did to protect their right to survive. If such protests were to happen, I wonder what stance LGBT organisations would take. Would they abandon transgender sex workers or stand together with them? Let us all take this very seriously and think about it together. See you all at the 2015 Korea Queer Festival.


Footnotes

[1] While engaging in sexual activities on military premises is generally forbidden, Article 92 (6) of the Military Penal Code states that “anal intercourse or other harassment against any person … shall be punished by imprisonment of up to two years” even if it occurs while on leave. LGBT rights’ activists argue that this paragraph is used to single out sexual relations between members of the same sex.

[2] A small clarification for readers less familiar with the acronyms: LGBTAIQ stands for lesbian, gay, bisexual, transgender, asexual, intersex, and queer, and the T was here purposefully left out as ‘T’ addressed the LGBAIQ community.


Translation by Lucien Lee. Edited by Matthias Lehmann. I would like to thank Lucien Lee for her permission to reblog this article. The English version differs slightly from the Korean original and features two different photos. Footnotes were added for further clarification.