Sex Work and Human Rights

Posts tagged “human trafficking

Why feminists (or anyone, really) should choose their words, images¹ and fonts² wisely

Why feminists should... Image by Research Project Korea (@photogroffee)

(click here to enlarge image)

Response to an image posted by user A (@BigEasy_A, see below) in the comment thread underneath Susan Sarandon’s somewhat surprising, yet welcome about-face (she had previously lend her support to Cambodian prostitution abolitionist Somaly Mam, disgraced in 2014 for fabricating stories to raise funds).

Sources used for the above image include “Language Matters: Talking About Sex Work” by Chez Stella, “The Decriminalisation of Third Parties” by NSWP, and “Unfair labour arrangements and precarious working conditions in the sex industry” by ICRSE.


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.


Janice Raymond’s modus operandi

Raymond's Ouija BoardJanice Raymond’s Ouija Board (Source: Wikipedia)

Introduction

In an exclusive for OpEdNews, a US-based website for political and social analysis, radical feminist Janice Raymond responded to sociologist Julie Kaye’s opinion piece in the New York Times, titled “Canada’s Flawed Sex Trade Law”, in which Kaye criticised the Canadian government for having merely replaced one flawed policy with another by passing Bill C-36. [1] It would be hilarious, if it wasn’t so serious an issue, that of all people, Raymond felt she was in a position to criticise Kaye for ignoring evidence. Responding to claims made by Raymond surely is not what gets me up in the morning but I decided to do so due to the sheer amount of misinformation put forward by her, including continuing to misrepresent South Korea’s Anti-Sex Trade Laws. The statements from reports and articles listed below will illustrate that ignoring evidence is in fact Raymond’s very own modus operandi.

Alleged increase of human trafficking during sport events

Raymond is indignant that someone could have the audacity to challenge “the numbers of women and girls sexually exploited during sports events”. In the report “What’s the cost of a rumour? A guide to sorting out the myths and the facts about sporting events and trafficking”, Julie Ham wrote:

“There is a very wide discrepancy between claims that are made prior to large sporting events and the actual number of trafficking cases found. There is no evidence that large sporting events cause an increase in trafficking for prostitution.”

Source: Global Alliance Against Traffic in Women (GAATW)

And in a study commissioned by the European Football Association (UEFA), Martina Schuster, Almut Sülzle, Agnieszka Zimowska wrote:

“As in our previous analysis of major football events, we suggest that the topic of human trafficking should not be brought up in connection with such events, since this is detrimental to efforts to help victims. Before the 2006 World Cup in Germany, for example, various campaigns predicted an increase in human trafficking, which did not materialise. As a result, the organisations concerned were no longer taken seriously by the public because their predictions had been so inaccurate.”

Source: La Strada International (LSI) – Network against Trafficking in Human Beings

Finally, Ruth Krčmář, Coordinator of the International Organisation for Migration’s Counter Trafficking Programme in the Ukraine stated:

“NGO case data as well hotline responses show no evidence that human trafficking surged before or during the EURO 2012. The scare of increased human trafficking for sexual exploitation comes up every time there is a large sporting event on the horizon, although our experience only reinforces earlier findings in other countries. We hope that studies like ours will eventually put an end to the myth, which results in scarce counter-trafficking resources being spent on one-off campaigns rather than long-term solutions and victim assistance.”

Source: International Organization for Migration (IOM)

You say ‘Nordic’, I say ‘Swedish’, let’s call the whole thing off

With regards to Raymond’s conflation of different countries’ prostitution laws as ‘Nordic Model’, May-Len Skilbrei and Charlotta Holmström wrote:

“We found that the differences not only between, but also within, the Nordic countries are too great for there to be anything like a shared ‘Nordic’ model – and that the case for their success is far more fraught than popular support would suggest. Only Sweden, Norway and Iceland have acts unilaterally criminalising the purchase of sex. Finland has a partial ban; Denmark has opted for decriminalisation. The ‘Nordic model’, then, is in fact confined to only three countries. … The Nordic countries also police prostitution using various other laws and by-laws. Some of these regulations do, in fact, assume that the women who sell sex are to be punished and blamed for prostitution. This goes to show that one should be careful in concluding that Nordic prostitution policies are guided by progressive feminist ideals, or that they necessarily seek to protect women involved in prostitution.”

Source: The Conversation

Raymond blames Kaye for ignoring the findings of the Swedish Institute’s evaluation of the Swedish Sex Purchase Act from 2010, claiming that “there is no evidence that the decrease in street prostitution has led to an increase in prostitution elsewhere” and that “Sweden is one of two countries in Europe where prostitution and sex trafficking is not increasing”. However, the one who is doing the ignoring here is Raymond.

A 2014 report by the Stockholm County Council, titled “Extent and development of prostitution in Sweden”, states that “the methods currently available are unable to estimate the exact extent in Sweden” and that “the size of the population” engaging in prostitution is unknown. What’s more, the report also states that there is a lack of “a single definition of prostitution and human trafficking, which makes it difficult to draw comparisons between and within countries over time”.

Whereas Raymond cites the 2010 report as stating there was no evidence that prostitution had moved elsewhere (from the streets), the 2014 report states that “the number of escort ads aimed for men who buy sexual services from women has increased markedly during the past eight years from 304 to 6,965 ads”. Apparently, prostitution did move elsewhere: online. One should also note that the claim of the Sex Purchase Act having halved street-based sex work is problematic, since it is based on guesstimates from as early as 1995 – 4 years before the adoption of the law. [Source: Stockholm County Council]

A recent research report from Malmö University, commissioned by the Swedish Association for Sexuality Education (RFSU), also criticises the Sex Purchase Act, concluding that claims of the policy’s success have been greatly exaggerated. “There is no evidence that the demand has declined to the extent claimed by the state-led evaluation,” RFSU’s President Kristina Ljungros told the daily Swedish newspaper Dagens Nyheter. “The law has instead led to increased vulnerability for sex workers.” [Source: Global Network of Sex Work Project (NSWP)/Dagens Nyheter]

Fictitious numbers

Where Raymond’s statements about Germany are concerned, I shall give her credit for correctly stating that Germany decriminalized aspects of prostitution in 2002, as opposed to legalising sex work in 2002, as is commonly and incorrectly claimed. However, the number she mentions of persons engaged in prostitution is a mere figment of her imagination. The claim that they are 400,000 sex workers in Germany actually dates back to the 1980s – before Germany’s reunification – and was only an estimate by Hydra e.V., a meeting and counselling centre for sex workers.

At a symposium titled “10 Years Prostitution Law in Germany” in 2012, researcher Elfriede Steffan stated that Hydra’s estimate was continuously being cited for over two decades although it lacked any scientific basis. According to Steffan, another estimate from the 1990s put the number of sex workers in unified Germany between 60,000 and 200,000. She added, “Objectivity also means to admit what we don’t know. There is no new data.”

A 2005 evaluation report by the German government estimated that there were 200,000 sex workers in Germany, and on its website, the responsible ministry states that where the number of sex workers in Germany is concerned, there are no reliable statistics available. Thus, Raymond’s claim that “two years after the law was passed, the number of persons in prostitution rose from about 200,000 to over 400,000” is entirely fictional.

Raymond’s Reprise: Misrepresenting the ‘South Korean Model’

Finally, as I mentioned in my introduction, Raymond continues to misrepresent the nature and alleged success of South Korea’s Anti-Sex Trade Laws, currently under review by the country’s constitutional court. Raymond states that the law prohibits “the purchase of sexual activities” but conveniently leaves out that sex workers are equally criminalised. In addition, as I have written previously, her claims about the existence of better victim protection and assistance and the alleged reduction of the sex industry in South Korea lack common sense as well as scientific evidence.

Conclusion

The above is by no means an exhaustive list of evidence to counter the wild claims made by Janice Raymond, and I shall leave the remaining ones to others, since there really isn’t enough time in a day to debunk articles such as Raymond’s. But at the very least, I hope that the above listed sources will suffice to illustrate that Raymond is in no position to blame others for “selecting certain examples at the expense of others” and that what Raymond laments, ignoring evidence, is in fact her very own modus operandi.


Footnotes

[1] Janice Raymond is an American radical feminist author and activist, and a professor emerita of Women’s Studies and Medical Ethics at the University of Massachusetts (UMass). Julie Kaye is the Director of Community Engaged Research and Assistant Professor of Sociology at The King’s University in Edmonton, Alberta.

[2] For the reason why I do not use the term ‘sex trafficking’ as Raymond does, please see Borislav Gerasimov’s article ‘Hey, mind your language’ and my own comment below.


Open Letter to the Modern Slavery Bill Committee

Palace of Westminster (Source Wikipedia)Palace of Westminster, London (Photo: Wikimedia Commons)

In response to a call by the English Collective of Prostitutes, I sent the following letter to the chair and all members of the Modern Slavery Bill Committee at the House of Commons of the United Kingdom.

+++ SEE UPDATE BELOW +++

Dear Mr Field, Dear Mr McDonnell,
and Dear Members of the Joint Committee on the Draft Modern Slavery Bill,

Without a doubt, you will receive plenty of emails containing objections to clauses of the Modern Slavery Bill, and I’m afraid this is another one. I am a German doctoral researcher at Queen’s University Belfast, where my focus lies on prostitution regulation in my native Germany. Over the last years, I have conducted research into measures to prevent human trafficking in the Mekong Sub-region and human rights abuses against sex workers in South Korea, resulting from Korea’s Anti-Sex Trade Law.

Recently, I had to observe how the majority of members of the Northern Ireland Assembly blatantly disregarded scientific evidence (as well as sex workers’ testimony) against Clause 6 of Lord Morrow’s Human Trafficking and Exploitation Bill. As you will well be aware, MLAs voted to criminalise the purchase of sexual services a mere three days after the Department of Justice published its first-ever comprehensive research report into prostitution in Northern Ireland, conducted by senior colleagues at Queen’s University. As your colleague, Justice Minister David Ford, stated, he saw no evidence to suggest that criminalising the purchase of sexual services would reduce the incidence of trafficking. However, he added that “the report contains evidence to suggest that criminalising the purchasing of sex … may create further risk and hardship for those individuals, particularly women involved in prostitution.”

Earlier this year, the EU adopted a report by Mary Honeyball, MEP, as a resolution to endorse criminalising the purchase of sexual services in EU countries, despite evidence provided to counter her claims signed by numerous experts in the field and a statement by hundreds of organisations. Regardless of one’s personal opinion on the matter, Ms Honeyball’s report was deeply flawed by any standards, and I must ask you: how is it that a sound research report as the one by the researchers at Queen’s can be dismissed so easily while a clearly biased report such as Ms Honeyball’s can be adopted as a EU resolution? The answer is simple: it just isn’t very easy for politicians such as yourselves to vote against human trafficking bills or bills to criminalise sex workers’ clients, because you must certainly be worried that the public might perceive it as promoting either a crime – human trafficking – or what some people may still consider as immoral – selling and buying sexual services.

Although I have submitted evidence to Rhoda Grant’s consultation in Scotland and, much the same, to Lord Morrow’s consultation in Northern Ireland, which you are certainly invited to explore, I would like to ask you to first look at the detailed evidence submitted by the English Collective of Prostitutes, titled Briefing against clauses to the Modern Slavery Bill to prohibit the purchase of sexual services.

Key points include:

  • Support for the amendment which would remove the offence of loitering and soliciting for sex workers
  • Strong opposition to the clauses criminalising clients, on the basis of sex workers’ safety
  • Evidence to counter the claim that the Swedish anti-prostitution law has allegedly resulted in a reduction of human trafficking for the purpose of sexual exploitation or a reduction of prostitution
  • Evidence that the treatment of sex workers in Sweden has worsened since the adoption of the Swedish Model
  • The fact that once again, like in Northern Ireland, the evidence submitted by sex workers is being ignored

You do not have to agree with people’s choices to sell or buy sexual services, but you need to accept these choices and must refrain from introducing laws that endanger people selling sex, even more so if there is no sufficient evidence that the measure would yield any success with regards to the declared aim to reduce human trafficking.

I therefore ask you to be show courage and represent sex workers in the same way you represent your other constituents. If you really want to protect sex workers, don’t give in to misguided bill proposals based on morality. As Justice Minister David Ford pointed out ahead of the vote in the assembly: “It’s not about morals. It’s about how to best address the issues.”

Best Regards,

Matthias Lehmann

ps. My native Germany has taken a different approach to prostitution legislation, which is frequently misrepresented in the media and by anti-prostitution activists. Therefore, I would like to point you at a short article of mine looking at the Lies & Truths about the German Prostitution Act – An Introduction for the Uninitiated.

+++ UPDATE: The amendment to the Modern Slavery Bill put forward by Fiona Mactaggart MP, which would have criminalised sex workers’ clients, was dropped without even going to a vote. Another amendment put forward by Yvette Cooper MP, Shadow Home Secretary, calling for a “review of the links between prostitution and human trafficking and sexual exploitation”, which was put forward as an alternative to Fiona Mactaggart’s, was defeated by 283 votes to 229. Please listen to the excellent speech by John McDonnell MP. Alternatively you can view the video or read the full transcript included in a statement by the English Collective of Prostitutes. +++


Save My Seoul? Save Us From Saviours!

Coming soon: Questionable documentary about “sex trafficking”

Please note: This article is from September 2014. The film was released online in July 2017. The “facts” presented below still remain on the updated website of the filmmakers. Several links have been added to the below which readers are encouraged to follow.

Beware of Wolves in Sheep's ClothingNot a day goes by without another lurid news report, blog article, petition, or film project about “sex trafficking” surfacing. Last week, Jason and Eddie Lee, two Korean-American brothers who founded the Jubilee Project, and Jean Rheem, a native Korean living in the US, published a trailer for their upcoming documentary “Save My Seoul”, which aims to uncover “prostitution and sex trafficking in Seoul”.

Although the documentary has not yet been released, the details that have already emerged raise serious concerns over the three film makers’ grasp of the subject in general, and the harms caused by the conflation of sex work and human trafficking in particular. The following will examine the “facts” they present on their website and in the trailer, in order to highlight the problems that arise when presumably well-intended do-gooders choose to create ostensibly objective accounts about “sex trafficking”.

The “Facts”

Save My Seoul - Factoid 1

Apart from the fact that, ranging from 500,000 to more than double that number, it doesn’t even qualify as a guesstimate, this figure, which the film makers attribute to the Korean Feminist Association, was first spread more than ten years ago and before the adoption of South Korea’s Anti-Sex Trade Laws in 2004. It has since been quoted in news reports time and time again, which is par for the course for such figures, but considering that even the South Korean government isn’t able to produce any reliable research on the subject (see next paragraph), the figure is highly questionable. It doesn’t bode well that the film makers label an outdated and inaccurate figure as a “fact”, and without providing a link to the actual report, but their other claims are no less problematic.

Save My Seoul - Factoid 2

Eddie Byun is a Chicago-born pastor at Onnuri Community Church in Seoul. He “fights against modern-day slavery” through HOPE Be Restored, an extension of Onnuri’s English Ministry “that seeks to bring freedom for the oppressed and restoration to lives that have been effected by human trafficking in Korea and around the world”. His book, “Justice Awakening: How You and Your Church Can Help End Human Trafficking”, includes tips how to “teach and preach sermons on human trafficking” and “rally men’s and women’s ministries to educate and actively engage in the fight against trafficking by helping anti-trafficking and after-care programs”. It doesn’t come as a surprise that among those praising his book is Gary Haugen, president and CEO of the International Justice Mission, an organisation “whose reliance on headline-grabbing brothel raids conducted with police to “rescue” sex workers have drawn criticism from human rights advocates around the world.” (Continue reading: Melissa Gira Grant – U.S. Policy and the Unjust Approach to Human Trafficking of the International Justice Mission)

While it is perhaps understandable that the Christian film makers felt they could trust the words of a pastor, Eddie Byun supports his claim by citing a report from November 2007 that was published by the South Korean Ministry of Gender Equality and Family (MOGEF) but produced by the Korean Women’s Development Institute (KWDI).

The report, which is only available in Korean, is titled: “National Survey on the current conditions of the Sex Trade in Korea” (전국성매매실태조사). KWDI chose altogether 8 business types from government registries of businesses they suspected as most likely to facilitate transactional sex. Those were: serviced pubs, clubs, smaller pubs, tea and coffee houses, noraebangs (karaoke places), barber shops, massage parlours, and beauty shops/wellness places. People living or working in red light districts were interviewed and the findings were based on their impressions (emphasis added).

The numbers in the KWDI report don’t always add up either. The 2007 figures in the report list 39 red light districts, 1,443 brothels, 3,644 sex workers, 2,510,000 clients per year, and an average of 5.8 clients per brothel and day. However, if one multiplies 5.8 x 1443 x 365 (clients per brothel and day x brothels x 1 year), one arrives at 3,054,831 client visits, a discrepancy of 544,831. It probably explains why MOGEF stated they wouldn’t take any responsibility for the figures in the report. (Continue reading: Janice Raymond and the South Korean Model)

The report’s research methodology is questionable at best, and while Byun and the film makers take the figures therein at face value, the authors actually admit that their estimates are based on conjecture.

Save My Seoul - Factoid 3

For this claim, the film makers provide as source a “Korean Municipal Government” and the accompanying link leads to an article by Jennifer Chang on Al Jazeera, where the news channel deemed it necessary to inform its readers that some of the NGO figures Chang quoted “are not supported by any official data and are impossible to verify”, which casts doubts on the article’s overall credibility.

Al Jazeera DisclaimerAn extraordinary disclaimer by Al Jazeera, added on top of Changs article

According to Chang, the report (by the Seoul Metropolitan Government) cited figures from the police estimating that 200,000 youths run away from home each year, and “a survey of 175 female teen runaways by the municipal government found half had been led into the sex industry.”

Chang’s article, which focuses entirely on female runaways selling sex, appears to be based on this survey, which engaged with less than 0.1% of the total estimate of teenage runaways, and on interviews she conducted with female youths she met with the help of Hansorihoe (United Voice). Hansorihoe is an umbrella organisation of NGOs working towards the “eradication of sex trafficking in a society where all human rights are met”, promoting “anti-sex trafficking campaigns”, and “advocating for polices”. These campaigns – click here for a selection of them – not only frequently objectify women but regularly conflate sex work and human trafficking, which leads not only to “harm to sex workers on the ground, but also to conflicts that undermine HIV prevention”. (Continue reading: Richard Steen et al – Trafficking, sex work, and HIV: efforts to resolve conflicts)

If Chang’s report were an academic paper, it wouldn’t get past any peer-review. But in a news story, one can easily make claims that remain largely unchallenged and are subsequently cited as evidence by others.

Save My Seoul - Factoid 4

The same applies to this claim in the trailer. No source is given and the statement does not appear on the “Save My Seoul” website.

Save My Seoul - Factoid 5

Eddie Byun, the pastor the film makers cited above, writes in his book that “up to thirty million people are in slavery around the world” (page 12). Later, he writes that there are “more than thirty million slaves” (page 58), before he states “there are between 20 and 30 million people who are enslaved throughout the world” (page 155), and finally, that there are “approximately 20 million people are victims of human trafficking” (page 166; emphases added). The final figure is based on the Global Estimate of Forced Labour 2012 by the International Labour Organisation, which stated that “20.9 million people are victims of forced labour at any point in time”, 4.5 million (22 per cent) of which are said to be victims of forced sexual exploitation. The film makers, however, chose to stick with the oft-quoted figure of 27 million human trafficking victims, which dates back to 1999.

“That number was developed was developed by a “trafficking” fanatic named Kevin Bales using media reports multiplied by arbitrary numbers of his own devising; the more the hysteria, the higher the number of articles and thus the higher Bales’ number grows. … Bales starts with an “estimate” of unknown derivation, “adjusts” it by a factor based on media reports (which often repeat each other and obviously increase dramatically during a moral panic), presumes without evidence that the proportion of reports to actual incidents is low, multiplies the result by guesses from prohibitionists with an anti-whore agenda, then rounds up.” (Continue reading: Maggie McNeill – Held Together With Lies. See also: Dr Ron Weitzer – Miscounting human trafficking and slavery)

Rights not rescue – and no voyeurism either!

The above explanations are by no means exhaustive but they illustrate the use of flawed data and misrepresentations to promote the upcoming documentary “Save My Seoul”. There are two possibilities: either the film makers lack the necessary understanding of the very subject matter they hope to shed light on, or they deliberately cherry-picked statistics that fit into their sensationalist agenda. A quick glance at the comments underneath their trailer shows that they certainly know their audience. The most common response smacks of voyeurism: “Can’t wait (to see it)”.

Can't wait - YouTube comments under Trailer

Screenshot from Save My Seoul’s Facebook page

In 2012, three UN agencies compiled a comprehensive report in collaboration with numerous sex worker organisations in the Asia-Pacific region about laws, HIV and human rights in the context of sex work. The report examined laws, policies and law enforcement practices in 48 countries of the region with regards to their impact on the human rights of sex workers and the effectiveness of HIV responses.

If the film makers would have read this report, they would have been aware that “police crackdowns from 2004-2009 resulted in arrest of approximately 28,000 sex workers” in South Korea alone, and that the conflation of sex work and human trafficking often results in migrant sex workers living “with the constant threat of being reported, arrested and deported”, creating “a real barrier to accessing health and welfare services”. (Continue reading: UNDP – Sex Work and the Law in Asia and the Pacific)

Sex worker organisations and human rights groups, such as the Global Network of Sex Work Projects (NSWP) or the Global Alliance Against Traffic in Women (GAATW), have long since denounced the harms caused by anti-prostitution and anti-trafficking laws, and sex workers around the world demand rights, not rescue. But even in the absence of rights: the last thing sex workers or any people in exploitative labour situations need are voyeurs or do-gooders grandstanding as saviours. Not without reason do sex workers frequently declare: save us from saviours!

Save Us From Saviours - Image by Vamp

Photo: Sex worker collective Veshya Anyay Mukti Parishad (VAMP)


Journalists’ Ongoing Human Trafficking Problem

Feminist Ire

Guest post by Matthias Lehmann

More often than not, advocacy for sex workers’ rights and the acceptance of sex work as work puts one at odds with members of that part of the anti-human trafficking movement that rejects these ideas, considers prostitution as inherently harmful, and brands anyone disagreeing with them as a member of some imaginary pimp lobby. Another group one finds oneself at odds with are journalists who report about – and, like the former, conflate – human trafficking and prostitution, as their articles frequently include false, inaccurate or misrepresented information.

Chimpanzee Typing - Image by New York Zoological Society (1907)

As sex workers and their allies will confirm, one could easily spend all day writing rebuttals to counter the influence on public opinion of the many sensationalist reports, but one has to pick and choose. The following is a response to Kyla Ryan’s article “Cambodia’s Ongoing Human Trafficking Problem” in The Diplomat. Before I start, however, I…

View original post 1,768 more words


More Rights For Victims of Human Trafficking

International Day of Protest to End Violence against Sex Workers. Photo: Marek Foeller

Global protest to end violence against sex workers. Photo: Marek Foeller. All Rights Reserved.

Interview with Heike Rabe, Policy Advisor at the German Institute for Human Rights (Deutsches Institut für Menschenrechte)

The UN calls for a global fight against human trafficking. In Germany, the focus lies on forced prostitution.* In an interview with tagesschau.de, lawyer Heike Rabe laments the lack of reliable data. She doesn’t think much of plans to tighten the prostitution law.

Heike Rabe, Policy Adviser at the German Institute for Human Rights. Photo: German Institute for Human Rights/S. Pietschmann“The truths that are broadcast by the media aren’t empirically verifiable truths. There is no evidence that Germany is the biggest brothel of Europe. There is no evidence that prostitutes are also always victims of human trafficking. And there is also no evidence that the Prostitution Act of 2002 is to blame for that. Fact is, however: the measures that are discussed with regards to the pending revision of that law curtail the rights of prostitutes. They include, for example, mandatory health checks.”

Click here to continue reading at Research Project Germany.


Autonomy and Heteronomy in Sex Work

Für die deutsche Version dieses Beitrags bitte hier klicken.
For the German version of this post, please click here.

Presentations at Humboldt University of Berlin

In March 2013, I had the pleasure of giving a presentation at a symposium at Humboldt University of Berlin. The presentation was titled “Sex Crime” or “Sexual Self-Determination”? and dealt with prostitution discourses in South Korea and their negative impacts on sex workers. This presentation was part of a session titled “Autonomy and Heteronomy in Sex Work”. The second presenter in this session was Ms. Noémi Katona who gave a presentation titled “Coercion, Money, and Intimacy: Hungarian Sex Workers and their Pimps/Boyfriends at Kurfürstenstraße”. In February 2014, podcasts of these and other presentations were made available by the organisers and the above video contains an updated version of my slides and combined it with the podcast. Click here to listen to Noémi Katona’s presentation and here to listen to our joint Q & A session. For all other podcasts, please click here. Please note that this video and all podcasts are available in German only and that their audio quality, on which we had no influence, is sadly below par.

“Human Trafficking in the 21st Century”

Despite heightened public attention to “human trafficking”, the definition of this phenomenon remains difficult and contested. On March 22nd and 23rd, 2013, the symposium “Hurt Lives – Denied Rights. Human Trafficking in the 21st Century” took place at Humboldt University Berlin. Next to academic and field experts, young researchers showcased their work in presentations and workshops. The symposium was sponsored by the Humboldt-Universitäts-Gesellschaft e.V. (Humboldt University‘s Association of Friends, Alumni and Sponsors).

Verletzte Leben - Verwehrte Rechte - Programme


“I thought it was all different!”

Highlights 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.

Facts and Figures about the German Prostitution Act

“The Swedish Model has led to bizarre outcomes. Firstly, prostitution in Sweden has not decreased. Secondly, in order to prosecute punters, the police can only conduct investigations under degrading conditions. In my view, if you want to create a law, as the coalition agreement suggests, then you should first do proper research about legal facts, before you conclude some backroom deal without rhyme or reason that only serves to make matters worse.”

– 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

“We say that the prostitution law needs to be updated. The interior ministers have demanded (a reform) in 2010, but it still hasn’t been implemented. What is now being demanded in the media is in fact the long overdue implementation of this resolution. I believe it’s justified to say that prostitution isn’t a job like any other but to automatically equate prostitution with human trafficking isn’t fair, isn’t appropriate, and doesn’t contribute to the discourse. I’ve met enough women that prostituted themselves voluntarily, that were neither forced nor went into that line of work due to economic necessities, and I believe the state should acknowledge that. We witness it in our daily work, and that is why I always ask for a factual and differentiated view, maybe with a few uncomfortable comments by the police.”

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

“If there is no majority for a sensible law, then I believe we don’t necessarily need a (new) law. Article 180a of the Criminal Code – that is one of the four laws that were adopted in 2002, at least one, that’s a significant share – prohibits brothel owners to offer prostitution in a fashion that limits the personal and economic liberties of those employed there. If extortionate rents and fees are charged, if no receipts are given for the payment of provided services etc. – those aren’t findings of the department for organised crime but from female police officers that work in the milieu – then those would be concrete facts that would raise the suspicion of exploitative prostitution being offered there, and existing laws already allow for such a brothel to be controlled. I would have no objections if legislation would further clarify these matters but then one must no longer view them from the human trafficking angle but talk about price controls through the Trade Supervisory Office, about the prevention of exploitative prostitution, and about the implementation – at long last – of the Prostitution Act, and one would have to completely change the jargon. The Prostitution Act was torpedoed. Let us finally put the Prostitution Act into effect. And, dear women, if you believe you need to be dominated by an old woman named Alice Schwarzer, oh my…”

– Prof. Dr. emer. Monika Frommel Criminologist, former director of the Institute of Sanction Law and Criminology at the University of Kiel

“Since there are repeated calls again for controls, controls, and more controls, let’s take a look at the subject of health. I can honestly say that Berlin’s outreach clinics seldom report the outbreak of diseases where the general public is concerned, and the women (in prostitution) are also free to visit a doctor. Their bodies are their assets. They have to be fit. They can’t say, all right, nothing to worry about, I might spread some diseases a little. It’s been suggested time and again that prostitutes are guilty of spreading venereal diseases. It’s wrong. That occurs on different levels.”

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

“There has to be collaboration with sex workers, women’s projects and all stakeholders to pull together in one direction, to get this discourse into the right direction, because currently, it goes into the wrong one.”

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

“Others have already mentioned the right of direction (Weisungsrecht) here today. I believe it’s very important to emphasise this subject, since the idea of further restrictions on the right of direction was also discussed among the Greens. Some suggest that brothel owners should no longer be allowed to assign the workplace or schedule, which to my knowledge are the only aspects the (already restricted) right of direction permits them to control. I believe this is the wrong debate. One should better come out and admit that one’s actual goal is to prohibit prostitution than trying to further restrict the right of direction, just to make it impossible to work in prostitution.”

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

“What actually happens in the setting of prostitution, when a client comes to a prostitute or talks to her? When the client goes to the prostitute, assuming they’re both adults, then it’s usually the prostitute who specifies and determines things relatively clearly, because most men, at least in my experience, are not necessarily in a position to clearly express what they actually like or want, and so she is the one making suggestions. Then they negotiate, about the price, too, and once they come to an agreement, the door closes, or the car door closes, or wherever they go together, and then a sexual service is performed. It’s a sexual and proactive act. The woman neither sells her body, nor does she sell her soul. Some people, and our society is no exception, apparently cannot imagine that women can actively offer and negotiate those services, and that they are basically in charge of these situations. I believe this is something that is very difficult to communicate and where we always get stuck at the client/prostitute level, e.g. where the criminalisation of clients is concerned. And where physical or sexualised violence does occur, we enter an area, also where criminal proceedings are concerned, of bodily harm, grievous bodily harm, rape etc. That is one level.”

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

“Over the last few years, sex workers have told me time and time again about the physical and verbal abuse sex workers experience at the hands of police officers, including rape and the demand of “freebies”, i.e. sexual services in exchange for not being arrested, and there is ample documentation of this happening. Licensing or registration models have proven ineffective, or rather, where there’s a positive impact, it benefits only a small number of sex workers, since it was shown that in places where such models were introduced, the vast majority of sex workers worked outside of those legal frameworks. In addition, the measures that are involved often represent human rights violations, such as the forced outing of sex workers through compulsory registration schemes or mandatory health checks, which were both suggested by the editorial staff of the EMMA magazine and Mr Sporer from the criminal investigation department in Augsburg.”

– Matthias Lehmann, PhD Candidate at the Faculty of Law, Queens University Belfast

“I organised this event so that politicians, who will someday, maybe soon, create laws affecting us, cannot say they would have made different decisions if they had known about the contents of this event.”

– 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.

Click here to download a transcript of all quotes listed below. (For the German version of this post, please click here. Für die deutsche Version dieses Beitrags bitte hier klicken.)

Lecture Manuscript

Since several guests approached me after the event with the request for a copy of my lecture manuscript, I subsequently made it available. Please click here to retrieve the manuscript in English translation as a PDF file.

copyrightPlease note: This manuscript must not be cited or otherwise publicised without express permission by the author. Although several authors as well as titles of cited sources are mentioned in the text, it contains no links or a bibliography as customary for academic articles. In addition, not all quotes are highlighted as such.

The text includes passages from press releases by the English Collective of Prostitutes and the Sex Worker Open University. Should you wish to cite this transcript or encounter difficulties to locate the respective sources, please send an email to Matthias Lehmann at yongsagisa[at]gmail[punkt]com.

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© 2013-2014 Felicitas Schirow
℗ 2013-2014 blumlein records – Andrew Levine


Invitation to the Urania

Das habe ich mir ja ganz anders vorgestellt

Invitation to a double bill about the German Prostitution Act

For the German version, please click here.
Bitte hier klicken für die deutsche Version.

I would like to cordially invite you to the event “I thought it was all different!” at the Urania Berlin on December 9th, 2013. Please note, however, that the event is held in German. (Should you not live in Berlin: the entire event will be recorded. The recordings will be made available at a later point in time.)

Due to the current political situation in Germany, this event will allow the general public as well as those affected by potential changes to the German Prostitution Act of 2002 to gain a comprehensive insight into the subject matter. Please click here to read a flyer with further information (in German only), incl. details about experts from the fields of justice, police, social work and social sciences, which I have the honour to join.

ProstG Urania„Das habe ich mir ja ganz anders vorgestellt!“
Dezember 9th, 2013 – 6:00 pm
Humboldt Hall, Urania Berlin
An der Urania 17, 10787 Berlin

I invite you to join one or both parts of the event at the Urania on Monday to learn more about the complex subjects that also form part of the coalition agreement between the prospective government of Conversatives and Social Democrats, which I wrote about in my article A sham of the “forced coalition” – Human Trafficking and Prostitution in the coalition agreement.

I would also like to direct your attention once more to the Appeal to strengthen the rights of sex workers and to improve their living and working conditions by the Trade Association Erotic and Sexual Services (Berufsverband erotische und sexuelle Dienstleistungen) in Germany. It has already been signed by nearly 1,500 individuals and organisations, incl. numerous counselling centres for sex workers or victims of human trafficking as well as the German AIDS Service Organisation (Deutsche AIDS-Hilfe). Members of the German parliament and other politicians, a great number of social scientists and other experts, as well as sex workers and private individuals have also signed the appeal.

I would be very glad if you would read and sign the appeal, which naturally, I support, too, and I look forward to meet you at the Urania on Monday.

Warm regards,
Matthias Lehmann

Links to social media sites concerning the event:

Facebook Event Page

Facebook Page

Tumblr Blog (incl. media articles)

Twitter


A sham of the “forced coalition”

Coalition Agreement CDU CSU SPD

Human Trafficking and Prostitution in the coalition agreement

As the fight against „forced prostitution”, or rather human trafficking for the purpose of sexual exploitation* has received much attention by the media and the general public in Germany for quite some time, the subject has now also become an element of the coalition negotiations between the Conservatives (CDU/CSU) and Social Democrats (SPD).

Earlier this year, a law to fight human trafficking and control brothels, introduced by the ruling coalition of Conservatives and Liberals, had failed to pass the Bundesrat, the upper house of the German parliament, as “it didn’t satisfy the declared goal to reduce or rather fight human trafficking as well as to enable the necessary control of brothels (official statement of the Bundesrat), nor did it meet the fundamental concerns of experts.

The coalition agreement between the CDU/CSU (the Conservatives) and SPD (the Social Democrats) suggests that the Conservatives remain unwilling to revise the law as advised by the Bundesrat, whereas the Social Democrats, who passed the German Prostitution Act of 2002 together with the Greens, appear to have given up their resistance and now support the plans of the Conservatives, when only in September, they voted against them at the Bundesrat.

The coalition agreement includes the follow passage about the subject “Human Trafficking, Brothels”.

We want to better protect women from human trafficking and forced prostitution and punish the perpetrators more consistently. In the future, criminal convictions shall no longer collapse due to a lack of victims’ testimonies. In consideration of their contributions to investigations and criminal proceedings and of their personal situations, we will improve victims’ rights of residence and provide them with intensive support, care and counselling.

Furthermore, we will comprehensively revise the Prostitution Act with regards to the regulation of prostitution and improve the legal authority of the police to control brothels. We will take action not only against human traffickers, but also against those who knowingly and willingly take advantage of the plight of victims of human trafficking and forced prostitution and abuse them with sexual acts. In the fight against human trafficking, a stronger focus will be placed on labour exploitation. (Translation by Matthias Lehmann, Please see original text here.)

While at first glance, this may sound as if Angela Merkel was keeping her promise to dedicate some extra attention to the subject, the passage actually holds a number of flaws, which will be illustrated below.

1. Gender bias

“We want to better protect women from human trafficking and forced prostitution”

Male and transgender sex workers are not mentioned, although particularly the latter are disproportionately affected by violent assaults.

More often than not, trans*women have to rely on sex work since the job market doesn’t offer them sufficient alternatives to make a living. Faced with violence, street-based migrant sex workers are faced with particular difficulties, because they cannot turn to the police. All in all, they are even less visible and noticeable than other trans* women. [Source: Gays & Lesbians from Turkey, GLADT e.V.]

2a. No unlimited right of residence for victims of human trafficking

In consideration of their contributions to investigations and criminal proceedings and of their personal situations, we will improve victims’ rights of residence and provide them with intensive support, care and counselling.”

One of the few aspects prostitution proponents and opponents agree upon is that victims of sexual exploitation should be granted an unlimited right of residence regardless of their court testimonies against human traffickers. Quote from the referral to the arbitration panel by the Bundesrat:

Another important component to effectively fight human trafficking is to strengthen victims of human trafficking. The law excluded this part. The framework of his right of residence needs to accommodate the particular needs of the situations in which the persons concerned are in. Limitations to the right of residence, for example, must not prevent the participation in witness protection programmes.

Although the coalition agreement doesn’t exclude the right of residence entirely, the wording remains vague to such an extent, that a real reform is hardly to be expected. The question of the compensation of victims also remains open, since the funding and feasibility of the intensive support, care and counselling are not addressed.

2b. Irrelevance of the testimonies of victims of human trafficking

“In the future, criminal convictions shall no longer collapse due to a lack of victims’ testimonies.”

One of the most dangerous ideas is the proposition to ignore the testimonies of alleged or actual victims of human trafficking during criminal proceedings. While the frustration of law enforcement officers over the difficulty to obtain evidence is comprehensible, the solution can’t be to disregard the testimony or the refusal to give testimony of victims of human trafficking.

This would mean that the testimony of law enforcement officers and third parties would outweigh the testimony of the victims themselves. In light of the xenophobic hypothesis by anti-prostitution activists that poverty in the countries of origin alone is sufficient proof of coercion where migrant sex workers are concerned, it is to be feared that detectives like Helmut Sporer from the criminal investigation department in Augsburg, and others like him, would simply dismiss the testimonies of sex workers.

Sporer, who among other things demands a registration law for prostitutes and the reintroduction of mandatory health checks, shares the view of feminist and anti-prostitution activist Alice Schwarzer, that around 90 per cent of all women in prostitution work “under coercion or due to hardships, or pretend to do it voluntarily”. Judging from this statement, Sporer denies the ability of 90 per cent of all sex workers in Germany to make decisions according to their free will. Combined with the plans to ignore the testimonies of alleged victims of human trafficking in the future, this mentality poses great risks for the situation of self-determined sex workers.

3. Misrepresentation of the control of brothels

“Furthermore, we will comprehensively revise the Prostitution Act with regards to the regulation of prostitution and improve the legal authority of the police to control brothels.”

Despite claims to the contrary from the Conservatives and some Social Democrats, there are already control mechanisms in place and they are extensively used, too.

In the state of Berlin, tax fraud and criminal investigation officers can control any brothel without cause at any given time, as the squad leaders of the ‘AG Rotlicht’ (Task Force “Red Light”) of the criminal investigation department in Berlin confirm.

At a recent panel discussion organised by Alice Schwarzer in Berlin, social worker Sabine Constabel reported that in Stuttgart, all sex workers are monitored and recorded. In its 2012 report Human Trafficking for the Purpose of Sexual Exploitation, the State Office of Criminal Investigations in North Rhine-Westphalia (NRW) mentioned that despite the high density of controls in NRW, the number of victims of human trafficking for the purpose of sexual exploitation had declined. As the report points out, there is no identifiable effect of the Prostitution Act on the situation of victims of human trafficking.

Therefore, the claim that the police is lacking the legal authority to control brothels is incorrect where Berlin, Bavaria and North Rhine-Westphalia is concerned. In fact, the legal authority of the police, which is regulated differently on a state level, remained unaffected by the Prostitution Act. When anti-prostitution activists make claims to the contrary, they are either poorly informed or deny this fact intentionally, whereas politicians utilise the subject to cut a good figure in front of their citizens.

4. Obstruction of the fight against „forced prostitution“

“We will take action not only against human traffickers, but also against those who knowingly and willingly take advantage of the plight of victims of human trafficking and forced prostitution and abuse them with sexual acts.”

The above mentioned frustration of law enforcement officers over the difficulty to obtain evidence is as comprehensible as the general intention to punish those who knowingly take advantage of the plight of victims of human trafficking. In practice, prove of this knowledge is difficult to not at all possible to obtain, and this passage in the coalition agreement leaves this question unanswered.

It is to be feared that clients of sex workers will shy away from cooperating with the police, should there be uncertainty over whether or not they could face punishment if they were to report suspicions. As in my previous article, I would like to cite Pye Jacobsson, a sex worker and spokesperson for Rose Alliance, an organisation by and for sex and erotic workers in Sweden.

“In the sex industry there are people that are being abused, that are suffering, that are trafficking victims etc. But the normal way for the police to find out is not from sex workers, it’s from clients. Because there are clients who are actually not assholes, they will say ‘this doesn’t look good’, they will call the police. And of course now they don’t call the police anymore, because if they call the police they will be accused of a crime.” (To view the interview, please click here.)

5. Lack of definitions

“In the fight against human trafficking, a stronger focus will be placed on labour exploitation.”

Since the passage is titled “Human Trafficking, Brothels”, the coalition agreement here does not appear to refer to labour exploitation in general, but to human trafficking for the purpose of sexual exploitation exclusively. One can assume that the above sentence hints at so-called flatrate brothels, about which Undine de Revière, sex worker and spokesperson for the Trade Association Erotic and Sexual Services (BesD) in Germany, states the following.

Generally, we favour maintaining the diversity of work places and work modes of sex workers. I know women who like to work exactly like that – because they don’t want to be bothered with client acquisition, because they value the fixed daily income, and because their earnings are often not worse but sometimes even better there. And, to say it directly: at first glance, the flatrate stuff sounds, let’s say, overstraining. But it’s predominantly an advertising ploy. Those customers pay once and then want to do it ten times, but can only do it twice. But of course there are women who are unable to cope with it, and who do not want such working conditions and find them terrible.

The exact plans of the looming coalition of Conservatives and Social Democrats where a regulation or ban of flatrate brothels are concerned remain nebulous, as so many aspects in this passage of the coalition agreement.

Conclusion: A sham of the “forced coalition”

Just as the law to fight human trafficking and control brothels by the coalition of Conservatives and Liberals, which failed to pass the Bundesrat, the plans of the prospective “forced coalition” of Conservatives and Social Democrats fail to lay the foundations to effectively fight human trafficking and provide protection as well as an unlimited right of residence for victims of human trafficking. Furthermore, there is again a lack of definitions, definitions, definitions.

The question of the funding for the planned measures remains open, just as the question how to prove it when someone knowingly and willingly takes advantage of the plight of victims of human trafficking and “forced prostitution. This proposition to no longer take the testimonies of alleged victims of human trafficking into account is particularly alarming, as it opens the door for paternalistic law enforcement officers to disempower and infantalize self-determined sex workers and migrants. In light of Helmut Sporer’s advocacy to reintroduce mandatory health checks for sex workers, it seems possible that forcing sex workers into mandatory “rehabilitation programmes” may be next.

This sham by the CDU/CSU and SPD indicates a fundamental misjudgement of the subject matters, caused by the continued disregard of the opinions of experts, sex workers and other affected parties. Judging from this coalition agreement, one thing is certain: these plans will neither help to effectively fight human trafficking, nor will they provide an effective protection for victims of human trafficking. Instead, an erosion of sex workers’ and migrants’ rights is to be feared.

In closing, I would like to pass the word to the aforementioned Undine de Rivière.

As if the hastily composed law right before the parliament’s summer break wasn’t enough, we are yet again faced with a smorgasbord of discriminating and counterproductive symbolic politics that aims to satisfy the public pressure created fuelled by sensational media and hate campaigns as quickly as possible. For the second time within the space of a few months the chance is squandered to work in an objective and considerate way and together with those affected on practical solutions for the actual problems in the industry.


*Forced Prostitution

Since the term “forced prostitution“ is contested, it is here put into quotation marks.

“Forced prostitution doesn’t exist. Prostitution is a voluntary sexual service provision that is based on the premise of mutual consent between adult contractual partners. Without this consent, it is not prostitution but forced sexuality, i.e. sexualised violence.” Press Release by the Federal Task Force Law and Prostitution, March 14th, 2005

About this translation

While I always try to provide as many English language sources as possible, most of the links in the above article lead to German language sources. Please use a translation website or post any questions you might have in the contact form below.