Sex Work and Human Rights

Posts tagged “Anti-Trafficking Laws

The Anti-Sex Trade Laws – are they unconstitutional?

Giant Girls (GG) Sex Workers Day 2015 Event

2015 Panel Discussion commemorating Sex Workers’ Day

“On April 9th, 2015, a public hearing was held at South Korea’s constitutional court regarding the constitutionality of the Anti-Sex Trade Laws. These laws are not simply laws that aim to punish buyers and sellers of sexual services, but have far wider implications. The laws encompass social issues including sexual morality, sexual self-determination, and the right to choose one’s vocation. In this light, Giant Girls Network for Sex Workers’ Rights will hold a panel discussion to review the aforementioned public hearing. The event will be held on Sunday, June 28th, 2015. Thank you for your interest and participation.”

“2015년 4월 9일 성매매특별법 위헌제청 공개변론이 열렸습니다. 성특법은 단순히 성구매자와 판매자의 처벌에 관한 법률이 아닙니다. 이 법에는 우리 사회의 성도덕, 성적 자기결정권의 국가 개입, 직업선택권 등의 복잡한 문제가 얽혀 있습니다. 성노동자권리모임 지지는 이 공개변론이 성특법에 대한 논의에서 중요한 역할을 했음에도 불구하고 공론화 되지 못함을 안타깝게 생각하여 6월 28일 일요일 공개간담회를 열고자 합니다. 많은 분들의 관심과 참여를 부탁드립니다.”

Event Details

Chair: Sa Misook 사미숙 (Giant Girls)

Panellists:

Jeong Gwan Yeong 정관영 (Attorney)
Prof. Park Gyeong Shin 박경신 (Korea University, argues that the laws are unconstitutional)
Prof. Oh Gyeong Sik 오경식 (Kangrengwonju University, argues the laws are constitutional)
Jang Sehee 장세희 (Vice President, Hanteo National Union of Sex Workers)
Prof. Go Jeong Gaphee 고정갑희 (Hansin University)
Kim Yeoni 김연희 (Sexworker/Activist)

Date/Time: June 28, 2015 Sunday 13:30~15:30
Address: Bunker 1, Seoul Jongno-gu Dongsung-dong No 199-17 Floor -1 Danzzi Ilbo
서울특별시 종로구 동숭동 199-17번지 지하1층 딴지일보
Organiser: Giant Girls Network for Sex Workers’ Rights 성노동자권리모임 지지
Contact: Oh Gyeong Mi 오경미 010-4812-3350
Entrance is free. This event will be held in Korean.


Further Information

Anyone unfamiliar with the ongoing constitutional review of South Korea’s Anti-Sex Trade Laws might find it helpful to read Choe Sang-Hun’s recent summary in the New York Times. Please note that this recommendation does not represent an endorsement of the terminology used therein.

June 29th ☂ Korean Sex Workers’ Day 

On this day, the National Solidarity of Sex Workers Day was organised, after the Special Anti-Sex Trade Law [which includes a Prevention Act and a Punishment Act] was passed in 2004. Since then, the date is commemorated as Korean Sex Workers Day to honour all sex workers who have contributed to the struggle against discrimination over the years.

 

“Red Light Research” – Interview by Malte Kollenberg

Sex workers and allies protest in front of the South Korean Constitutional Court. © 2015 Research Project Korea. All Rights Reserved.

Sex workers and allies protest in front of the South Korean Constitutional Court.
© 2015 Research Project Korea. All Rights Reserved.

Summary

In May, I accepted an interview request by Malte Kollenberg, a freelance journalist producing a series about Germans living in South Korea for KBS World Radio. After several negative experiences with the Korean media, it was refreshing to meet a sincere journalist willing to go the extra mile to communicate before, during and after our encounter to ensure that the subject of sex work would be dealt with appropriately.

Listen to the interview in German or read the translated transcript below.

Please note that the copyright for the interview recording lies with KBS World Radio and is not licensed under a Creative Commons License.

Interview

Introduction by Malte Kollenberg

Matthias Lehmann’s research deals with a stigmatised occupation. He currently works on his dissertation about sex work regulations in Germany at Queen’s University Belfast. Over the last years, he’s created his own niche. Starting from his interest in North and South Korea, and later in human trafficking prevention in Thailand, he presented in 2013 the results of a privately funded research project about the impact of the South Korean Anti-Sex Trade Laws on sex workers’ human rights. And South Korea is still on his mind. Lehmann actively engages for improved working conditions for sex workers. For the “Meeting of Two Worlds”, we’ve met Lehmann in Busan and spoke with him about his research, the differences between Germany and South Korea, and his critique of the media.

Malte Kollenberg: Mr Lehmann, what brought you to South Korea?

Matthias Lehmann: I first came to Korea was in 2002. I majored in Korean Studies at the School of Oriental and African Studies in London, and the first time I came here was as a visitor, and then I returned later as an exchange student. Back in Berlin, my home town, I had quite a few Korean friends, and that’s how I came in contact with Korean culture, especially with Korean music, and of course with Korean films. My family’s history was shaped by the German division. I was born and grew up in West Berlin, but I also had relatives in East Berlin and other, smaller cities, all the way down to Saxony, and often visited the former GDR. That’s why the history of the Korean division is both a very interesting and emotional issue for me, and that was one of main reasons why I got into the field of Korean Studies.

MK: In the meantime, your research field is an entirely different one, however, and has little to do with the Korean division.

ML: Right. During my previous studies, and also for some time after that, I was particularly interested in North Korea and the role of the United States in the so-called North Korean nuclear crisis. Afterwards, I first shifted my focus onto the field of human trafficking. I did my master’s degree here in Korea and the subject I then wanted to focus on, sex workers’ rights and prostitution laws, which is the subject I am also dealing with now, I couldn’t get approved by the faculty at my university here, and I guess I can understand that. That was why I continued to focus on human trafficking prevention for my M.A. thesis, but of course that included illustrating how laws that should actually fight human trafficking, like here in Korea, negatively affect the rights of sex workers, especially of migrant sex workers. So, that’s how my research interest developed: first Korea, then human trafficking, then sex work. And although I first focused on Thailand, I later returned to South Korea to focus more closely on the situation here after the huge protests in Seoul in 2011.

MK: You also did research about this subject from a German perspective. Generally speaking, are there great differences between how sex work/prostitution is regulated by law in Germany and South Korea?

ML: Yes, there’s a huge difference. I’ve now begun to focus on Germany for my doctoral degree, and it’s exciting for me to do research about my own country for the first time. In Germany, sex work has been legal for a very long time. The media often report that Germany legalised prostitution in 2002 but that is actually incorrect. Prostitution was already legal for most of the 20th century, with the exception of the Nazi period. What changed in 2002 was that a law was created to strengthen the legal and social rights of sex workers, and that the operating of brothels was permitted. That’s what changed. But sex work was already legal, both the buying and the selling of sexual services.

And that’s exactly what is prohibited in Korea, which means that brothel operators, people who facilitate contacts, for example escort agencies, and also sex workers themselves are all prosecuted here. And it does happen! I’ve often experienced that both Koreans and foreigners living in Korea say that they believe nothing is being done and that the police is always looking the other way. And that really isn’t true. It might only be a drop in the bucket – but that drop hits the target. In fact, there are many raids here, and since last year, they’ve actually increased again. People are arrested and sentenced, people have to appear before the court, and last November, a woman even died as a result of a raid, because she panicked and jumped out of a window to escape the police.

That was a very interesting case and that’s where we come to the media. If any “prostitution ring” or human trafficking case is uncovered in Korea or abroad, where Korean sex workers are involved, or victims of human trafficking, which of course can also occur, then the Korean media always report about it immediately and extensively in their English editions and on their English websites, because that’s “sexy” news. But when that woman died last November – absolute silence! Nobody wanted to report in English that this sort of thing also happens. Of course there were some reports about it in Korean, but they were not good and very disrespectful. In one of them, there was a cartoon that showed two police men looking down from a tall building and a dead woman lying below. How one can even have such an idea is a mystery to me. Of course there isn’t always such extreme harm involved, but raids do happen and the human rights of sex workers here in Korea are being violated. That’s a big problem.

MK: You just said that the media are keen on such “sexy” news. And that’s exactly how it is. Sex always sells in the media. You must be flooded with media requests.

ML: Indeed. With the exception of September 11, I’ve never experienced such an avalanche of media reports as in the last 18 months, both in Germany, but also in the UK. In Germany, that’s because there’s an ongoing discussion about changing the prostitution law. There’s a new bill but it has already been in the works for quite a while and no final decision has yet been made. The ruling coalition will probably just push it through parliament since they have such great majority there. In Northern Ireland, Scotland and also in the British House of Commons, different attempts were made to introduce laws to criminalise the purchase of sexual services. [In Northern Ireland, a law criminalising sex workers’ clients has come into force on June 1st, 2015.] And in Korea, there are also a lot of media reports, especially due to the ongoing constitutional review concerning the Korean anti-prostitution law.

MK: What might be the outcome of that?

ML: I didn’t really look very deeply into the adultery law, which was recently changed here so that adultery is now no longer punishable by law, but in the wake of that decision, it is of course possible that the constitutional judges, they’re eight men and one woman, will take the next step and say that the prostitution law also needs changing. But I don’t quite believe it yet. There have been constitutional reviews of the law in the past, but those weren’t submitted by a judge. However, two years ago, a Korean sex worker stood before the courts because she had sold sex, and she insisted on her right of self-determination, which resulted in the presiding judge at the Seoul Northern District Court submitting a request for a new constitutional review of the law.

The review should have been concluded already, but these things take a lot of time. In the case of the adultery law, for example, it took four years. The first public hearing was in April and the process will continue. The experts I’ve heard giving evidence so far represent a mixed bag. Sex workers are not sufficiently included. It’s bad enough in Germany, but here, it’s even worse. Although there are two different sex workers’ rights organisations, sex workers haven’t presented evidence so far. Instead, that was done by lawyers, researchers, and other experts, so that at the hearing, sex workers themselves weren’t heard. At least in Germany, even if that was merely a fig leaf, we did have a sex worker presenting evidence in front of the justice committee of the German parliament. But here, nothing of that sort happened.

MK: Let’s return to the media. On your blog, you published a media critique some time ago. What problems do you see when it comes to media reports about prostitution/sex work?

ML: Well, it wasn’t just one media critique but sadly, it’s a recurring issue, and it’s always a lot of work. I only focus on those that matter, for example, if there’s a detailed report from the BBC or from [German broadcaster] ARD. When it comes to reports about Korea, then what you mostly see in the German media are the latest stories to have allegedly happened in North Korea, and those stories are often trumpeted before they’re even confirmed, simply because they make for good clickbait. And when it comes to prostitution, there is no value set on fact-checking or actually speaking to members of the occupational group concerned. When the train drivers or pilots in Germany go on strike, then journalists speak with representatives of those occupational groups. Sadly, when it comes to sex work, that just doesn’t happen. Or if it happens, then they are harassed to make certain statements they don’t want to make, or do certain things they don’t want to do. I remember talking with a sex worker while I was doing my research project here in Korea, who told me that after the 2011 protests in Yeongdeungpo, that’s a red-light district in Seoul, one of the media teams insisted on filming her while she would do the dishes at a brothel. She replied to them that she never does that, so why should she do it now? Their idea was obviously to convey a message like, “Look, sex workers are normal people, just like you, doing normal things.” Maybe from a very naïve perspective, one can understand their motivation, but it’s still nonsense to try and fabricate something like that. Instead of trying to put words into their mouths, shouldn’t they actually report about what sex workers’ concerns and demands are?

Jasmine & Dora Protest in Berlin in 2013 © Research Project Korea. All Rights Reserved.

On July 19th, 2013, people gathered in 36 cities across the globe
to protest against violence against sex workers. |
Official Website

MK: The topic sex work/prostitution is so complex. Is there anything that you would like to add that you consider as particularly important?

ML: Yes, thank you. Ever since the global protest in June 2013, after two sex workers were murdered in Sweden and Turkey, the #StigmaKills hashtag is being used on Twitter. It refers to the fact that the stigmatisation of sex work and of sex workers really does result in deaths – or at the very least, it has a very negative impact on sex workers. Something I notice time and time again, especially here in Korea, is that people either feel sorry for sex workers, which they really don’t need, or they’re angry about them, which happens both in Korea or in the Korean communities in Australia, for example. They are angry because they seem to think that Korean sex workers who work abroad are giving Korea a bad image. But the reason why many Korean sex workers have migrated to work abroad is that the law, which was adopted here in 2004, criminalises them, and that the risks they’re taking by working abroad, for example in the US where sex work is also illegal, are still more predictable, or the conditions more attractive, than the risks they’d face if they were to stay and work here. People should finally listen to sex workers, and not just let off steam based on their prejudices.

MK: Thank you very much, Mr Lehmann.

ML: You’re welcome.


Please note that the copyright for the interview recording lies with KBS World Radio and is not licenced under a Creative Commons License.

Interview by Malte Kollenberg. © 2015 KBS World Radio. Translation by Matthias Lehmann. The English version differs slightly from the German original to make for easier reading. I would like to thank Malte Kollenberg for his professional attitude and sensitivity throughout our communication before, during and after the interview.


Related Posts

Articles tagged “Media Critique” on Research Project Korea

A fair deal? – South Korean sex workers’ earnings at home and abroad

In Pictures: Sex workers protest in front of South Korea’s Constitutional Court

Lies & Truths about the German Prostitution Act – An Introduction for the Uninitiated

Distorting MIRROR: The media’s fear of the truth [SPIEGEL Critique]

Does legal prostitution really increase human trafficking in Germany? [SPIEGEL Critique]

[Video in German] “Sex Crime” or “Sexual Self-Determination”? Prostitution discourses in South Korea


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.


In Pictures: Sex workers protest in front of South Korea’s Constitutional Court

Sex workers and activists protest in front of South Korea's Constitutional Court © 2015 Matt Lemon Photography. All Rights Reserved.Photos taken on April 9th, 2015, as sex workers and activists gathered in front of South Korea’s Constitutional Court in Seoul ahead of a public hearing, part of the ongoing review of the country’s Anti-Sex Trade Laws. The sex workers depicted in these photos consented to them being published online. All photos © 2015 Matt Lemon Photography. All Rights Reserved.

+++ Update Sept. 23rd, 2015 | Please read E. Tammy Kim’s article for Al Jazeera America, titled Korean sex workers demand decriminalization of their labor +++

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“I thought it was all different!”

Film stills from a symposium about the German Prostitution Act at the Urania Berlin on December 9th, 2013. The event was organised by Felicitas Schirow who had invited experts from the fields of justice, criminology, social work, sociology, and social sciences, as well as an expert from the Berlin State Office of Criminal Investigation (LKA) and two women’s rights spokeswomen from the Left (Party) and the Greens (see below). A video and an English translation of my presentation are in preparation.

For the German version, please click here.
Für die deutsche Version bitte hier klicken.
All images © Andrew Levine

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Organiser

Felicitas Schirow | Since 1997 Owner of the brothel “Cafe Pssst!” in Berlin Charlottenburg-Wilmersdorf. The decision by the Berlin Administrative Court on December 1st, 2000, to declare the withdrawal of her pub license as unlawful is widely seen as precedent that triggered the adoption of the Prostitution Act of 2002.

Panellists

Percy MacLean | Chief judge at the Berlin Administrative Court (ret.), former director of the German Institute for Human Rights, recipient of the 2004 Carl von Ossietzky Medal by the International League for Human Rights (ILHR) which honours citizens or initiatives that promote basic human rights

Heike Rudat | Director of the unit dealing with organised crime at the Berlin State Office of Criminal Investigation (LKA)

Prof. Dr. emer. Monika Frommel | Criminologist, former director of the institute of sanction law and criminology at the University of Kiel

Ilona Hengst | Social worker with 25 years of experience working with sex workers, previously held positions at several district offices in Berlin

Gesine Agena | Spokeswoman for women’s rights and member of the federal board of the German Greens

Evrim Sommer | Spokeswoman for women’s rights and member of the Berlin parliament for the Left Party (Linkspartei)

Christiane Howe | Sociologist at the Institute for Social Studies at Humboldt University Berlin

Matthias Lehmann | Researcher, prospective PhD candidate at the Faculty of Law, Queens University Belfast