Sex Work and Human Rights

Posts tagged “Prostitution

Sweden: No Country for Sex-Working Mothers

No Country for Sex-Working Mothers [Photo by 12019-10269 images, Fingerprint by Kurios]

Sex-working mother loses custody of her child 1

Östra Göinge, Sweden. January 13, 2018.

Mother is devastated by court ruling. 

The mother worked as a sex worker in a village in Östra Göinge, where she advertised  her services via the internet. She started doing so after running into financial troubles when her son was only two to three months. She invited men into her apartment and had sex with them for money. Her earnings amounted to around 2,000-2,300 euros per month. 

The mother and her son lived more or less isolated, except for the visits from her clients, who stopped having sex with the mother if the boy woke up in his crib next to the bed. The mother said the boy never seemed to be scared but was curious of them. When the boy would wake up, the men went home, understanding the situation since they had children of their own, according to the Administrative Court’s ruling. 

Everything came into the open after a concerned person reported the mother to social services, whereupon the son was taken into care. This happened without any formal evaluation of the situation, although the mother’s actions were confirmed by her online ads. 

The Administrative Court attached special importance to the fact that the mother had invited strangers buying sex into her home. According to the court, the overall situation meant that there was a significant risk that the son’s health and development would be harmed. 

By her own account, the mother closed the book on sex work since her son was taken into care. However, the Administrative Court believed there was a risk that she would repeat her behaviour and has therefore decided that the son should remain in state care in accordance with the Care of Young Persons Act (LVU). In addition, the court held that the mother had shown indifference regarding the safety and protection of her son by bringing male strangers to her apartment. 

Instead of sex work, the mother will now look for other work and in the meantime, she has applied for government support, although she  realises that those payments won’t be as high as the 2,000-2,300 euros she earned from sex work. The woman also stated that she had resumed contact with her own mother, who had promised to help her. 

According to the Administrative Court she is “devastated about the consequences for her son”. She can appeal against the court ruling at the Administrative Court of Appeals in Gothenburg within three weeks. 

CCJ Article

Click on the image to read the full article


Translation for SWAT by Ophelia Eglentyn from Fuckförbundet, an association founded in Sweden in the spring of 2017, by and for sex workers.

Fuckförbundet“Our two key functions are to uphold a community that offers support for all kinds of sex workers in Sweden, and to raise the awareness on sex workers rights and the negative impacts from the current set of laws. … If your feminism excludes marginalized groups of people then it’s not worthy of it’s name.”

You can follow Fuckförbundet on Twitter, Facebook and Instagram.

SWAT  – Sex Workers + Allies Translate, Edit + Design

SWAT Logo © Helen Chan for SWAT

“The aim of SWAT is not only to provide sex workers and allies with a network to enable sex work knowledge sharing across as cultural and language barriers, but also to reward contributors for their work whenever possible.”

Please click here for information about SWAT in 18 languages. Please contact SWAT via email if you would like to contribute your skills. You are also invited to join the SWAT Facebook group.


The Swedish original of this article was written by Carl-Johan Liljedahl and first published as “Barn till prostituerad omhändertas” (Child of prostitute taken into care) at Kristianstadsbladet (January 13th, 2018). The terms “prostitution/prostitute” and “sex buyer” were replaced with “sex work/sex worker” and “client.” The copyright for the original article lies with Kristianstadsbladet. It is not licensed under a Creative Commons License.

The images and tweets above and below did not appear in the original article. Translations of articles do not represent endorsements of titles, images, terms used or views expressed therein, or of the authors who have written or the media outlets that published them. 

Photo: 12019/10269 Images Illustration: Kurios (Pixabay); Font: Last Soundtrack


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Event: Asia-Pacific Sex Workers’ Rights Forum

Asia-Pacific Sex Workers’ Rights Forum

Giant Girls invites you to the Asia-Pacific Sex Workers’ Rights Forum

Date: Saturday, 28th November 2015
Location: Korean Confederation of Trade Unions (KCTU), 6th Fl. Kyunghyang Daily News Bldg., 22 Jeong-dong, Jung-gu, Seoul, Korea 100-702
Entrance Fee: KRW 10,000

Programme

11.00 – 12.00 Film screening of ‘Grace Period’ by Caroline Key & KIM KyungMook (see trailer below)

12.00 – 16.30 Asia-Pacific Sex Workers’ Rights Forum with representatives of Scarlet Alliance (Australia), SWASH (Japan), COSWAS (Taiwan) and Giant Girls (Korea)

16.30 – 19.30 Film screening of ‘Red Maria 2’ by Kyung-soon (see interview with Kyung-soon here)

국제앰네스티 ‘성노동전면비범죄화’ 결정을 환영하며 <아시아태평양 성노동자 인권 포럼>을 마련했습니다. 이번 주 28일 토요일 오전 11시 민주노총 금속노조 사무실에서 참가비 1만원으로 진행됩니다. <유예기간>과 <레드 마리아2> 영화 상영과 함께, 스칼렛 얼라이언스(호주), 스와시(일본), 코스와스(대만), 그리고 지지(한국)에서 ‘아시아태평양 지역 성노동자의 인권과 성매매 정책’을 주제로 포럼을 열고자 하니 많은 관심 바랍니다.

 

 

 


Regarding “Abandoned elderly turn to sex work”

Screenshot VICE UK Report

Screenshot from VICE report (see below)

In his article “Abandoned elderly turn to sex work” that’s currently being re-published by media outlets worldwide, journalist Kim Hyung-Jin quotes Lee Ho-sun, a professor at Korea Soongsil Cyber University, as saying:

“Is this really these elderly women’s dirty problem or is it a problem caused by the ordinary people who point their fingers at them? I think it’s our society’s problem.”

At the start of this year, VICE UK published a video report by Matt Shea about the South Korean Love Industry”, which wasn’t only nonsensical and factually incorrect on many occasions, but also a text book example of unethical journalism as well as of a sexualised orientalist gaze. In that report, Lee Ho-sun appeared as well, although at the time, she was affiliated with a different institution, called Seoul Venture University; the one she is apparently affiliated with now is a private Christian university. Not only did Lee Ho-sun state in the VICE report that “Bacchus Ladies are destroying the traditional sense of value in Korea” but she also didn’t object to – or allowed herself to get tricked into – Matt Shea filming secretly while she interviewed elderly sex workers.

Elderly poverty in Korea in general and the fact that poor elderly turn to sex work to survive are certainly issues that need to be addressed and deserve attention. However, due to the inclusion of statements by Lee Ho-sun, I recommend reading an overall better two-part report by Heo Seung instead, published in 2013 by Hankyoreh, a South Korean daily which has published several respectful pieces on sex work. Please note that this recommendation does not represent an endorsement of all terms used in both the English and the Korean version of the report.

[Special reportage] Elderly prostitution at Jongmyo Park Part I + Part II

할머니, 폐지 주울 바엔 할아버지와…

See also Poverty Porn – In Response to Lucy Williamson, BBC Seoul Correspondent


Kommentar zum taz-Artikel „Debatte um Prostitution in Südkorea: Frau Kim kämpft um ihren Job“

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

Sexarbeiter*innen und Unterstützer*innen protestieren vor dem südkoreanischen Verfassungsgericht. In der Mitte: Frau Kim Jeong Mi. © 2015 All Rights Reserved.

Due to time constraints, this article will not be translated into English. Please see a short summary at the bottom.

Kommentar zum Artikel „Debatte um Prostitution in Südkorea: Frau Kim kämpft um ihren Job“ von Fabian Kretschmer (taz, Politik/Asien, 1.8.2015).

Titel: Gut.

Prostitution wird als „Job“ bezeichnet, damit also Sexarbeit als Arbeit anerkannt.

Foto: Gut.

Gezeigt wird nicht etwa eins der üblichen Bilder von Bordellen, in denen in Südkorea nur noch vergleichsweise wenige Sexarbeiterinnen arbeiten, sondern ein Bild vom Protest südkoreanischer Sexarbeiterinnen im Jahr 2011. Noch besser wäre gewesen, es wäre ein Bild vom Protest im April diesen Jahres vor dem Verfassungsgericht verwendet worden. (siehe oben)

Bildunterschrift: Gut.

Ein direktes Zitat von Sexarbeiterin Kim Jeong Mi.

Terminologie: Mangelhaft.

Es wird höchste Zeit, dass die taz endlich die Begriffe Sexarbeit und Sexarbeiter/Sexarbeiterin in ihr Stilbuch aufnimmt. Südkorea „exportiert“ auch keine Sexarbeiter*innen, sondern diese nehmen die vergleichsweise geringeren – aber nicht geringen – Risiken auf sich, im Ausland zu arbeiten, weil die Verdienstmöglichkeiten dort oft besser sind als in Südkorea, wo ihnen ohnehin Razzien, Verhaftungen und Strafen drohen. Der Ausdruck „exportiert“ ist also sowohl unzutreffend – weil Südkorea ja nicht direkt die Migration von Sexarbeiterinnen unterstützt, sondern die harsche Gesetzeslage und die damit einhergehenden Repressionen Sexarbeiterinnen zur Migration zwingen – als er auch unpassend ist, denn Sexarbeiterinnen sind Menschen, die migrieren, keine Ware, die exportiert wird. Auch von einem Marktwert einer Sexarbeiterin zu schreiben, zeugt nicht gerade von Fingerspitzengefühl.

Fakten-Check: Ausreichend

1. Legalisierung vs. Entkriminalisierung

Was die Forderung von Sexarbeiterinnen angeht, ist der Artikel leider zu oberflächlich. Die Forderungen divergieren: wohingegen Frau Kim und die sie unterstützende Organisation Hanteo, Nationale Vereinigung für Sexarbeiterinen, für die Legalisierung regulierter Rotlichtbezirke eintritt, da Hanteo nämlich auch Betreiber*innen angehören, fordern unabhangige Sexarbeiter*innen und Giant Girls, Netzwerk für die Rechte von Sexarbeiterinnen, die generelle Entkriminalisierung der Sexarbeit. Die Unterscheidung zwischen diesen beiden Forderungen ist sehr wichtig und etwas, das man von Journalist*innen gerne erklärt sehen würde, damit Leser*innen die Thematik besser verstehen können.

2. „Kim … verklagte den südkoreanischen Staat“

Richtig ist: Frau Kim verteidigte sich gegen ihre Anklage mit den im Artikel erwähnten Argumenten und verlangte eine verfassungsrechtliche Überprüfung des Anti-Sexhandelsgesetzes, die Oh Won Chan, der Richter der Verhandlung beim Bezirksgerichts in Nord-Seoul, daraufhin einreichte. Dass ein Richter diese Überprüfung einreichte, macht sie so bedeutend, denn vorherige Anfragen zur verfassungsrechtlichen Überprüfung des Gesetzes wurden jeweils von Privatpersonen eingereicht.

3. Zahlen im Allgemeinen und im Speziellen

Die jüngsten Schätzungen – nichts anderes sind sie – sind nicht aus dem Jahr 2007, sondern von 2010. Sie wurden Anfang 2012 schließlich veröffentlicht. Der Bericht mit dem Titel “ Umfrage zum Sexhandel 2010” wurde vom Institut für Gender-Forschung an der Seoul National University angefertigt. Im Vergleich zum Bericht von 2007 hatte das Institut einen Anstieg der Rotlichtbezirke von 35 auf 45 und der Anzahl von dort beschäftigen Sexarbeiterinen von 3.644 auf 3.917 festgestellt. Dieser Anstieg passte natürlich dem auf die Utopie einer Abschaffung der Sexarbeit hinarbeitenden Ministerium nicht, weswegen er zunächst einmal in einer Schublade verschwand.

Nach eingehendem Vergleich mit dem Artikel Choe Sang-Huns in der New York Times – Suit Has South Korea Looking Anew at Its Hard Line on Prostitution – liegt der Verdacht nahe, dass hier schlicht eine gekürzte Version in deutscher Sprache veröffentlich wurde. So stammen die in Choes Artikel erwähnten 8.600 Fälle der Prostitution, in denen Südkoreas Polizei angeblich „derzeit“ ermittelt, vom Jahr 2013, und bei der Anzahl der Sexarbeiterinnen wurde offenbar auf glatte Summen aufgerundet. Das ist so ungenau wie es unnötig ist. Ebenso unnötig ist die Aussage, Prostitution sei in Südkorea „so allgegenwärtig wie in kaum einen anderen OECD-Staat“, denn es gibt keine verlässlichen Zahlen, auf die sich solche Behauptungen stützen ließen, auch in Südkorea nicht. Die sogenannten Regierungsschätzungen sind in Wahrheit zweifelhafte Schätzungen von Forschungsinstituten.

4. Todesfälle von Sexarbeiterinnen

Gut ist, dass das Feuer in Gunsan Erwähnung findet. Allerdings war dies kein isolierter Fall. Fünf Sexarbeiterinnen starben bereits bei einem ersten Feuer in Gunsan im Jahr 2000; 2001 kamen vier weitere Sexarbeiterinnen bei einem Feuer in Busan ums Leben; dann starben wie im Artikel erwähnt 14 weitere Sexarbeiterinnen bei einem zweiten Feuer in Gunsan. Durch diese Verkettung extremer Unglücksfälle gelang es Prostitutionsgegnerinnen danach, eine Verschärfung der Prostitutionsgesetzbegung durchzusetzen.

Fazit: Befriedigend

Alles in allem ist Fabian Kretschmers Artikel einer der besseren, aber insbesondere die teils sehr unpassende Wortwahl und der unnötige Fokus auf nicht belegte, nicht aktuelle und ungenau wiedergegebene Zahlen sind sehr zu bemängeln. Es gibt einige Anzeichen, die vermuten lassen, dass hier der Beitrag von Choe Sang Hun in der New York Times „recycled“ wurde, der im Vergleich sehr viel mehr Einblicke in die aktuelle Situation von Sexarbeiterinnen in Südkorea bot. So wäre besonders eine genauere Erklärung wünschenswert gewesen, für welche Rechte sich Sexarbeiterinnen in Südkorea engagieren, da dies auch in Hinsicht auf die aktuelle Debatte in Deutschland interessant ist. Zum anderen wäre es angebracht gewesen, das südkoreanische Prostitutionsgesetz genauer zu beleuchten, von dem Prostitutionsgegner*innen wiederholt behaupten, es ähnelte dem Schwedens, was eine glatte Lüge ist. In dem Zusammenhang hätten weitere Einzelheiten über Menschenrechtsverletzungen bei Polizeirazzien in Südkoreas Rotlichtbezirken erwähnt werden können. Positiv zu erwähnen ist die gute Wahl des Titels, des begleitenden Fotos und der Bildunterschrift, und dass überhaupt über dieses Thema berichtet wird. Angesichts der üblichen Berichterstattung über Sexarbeit bzw. über Südkorea ist dies nämlich durchaus keine Selbstverständlichkeit.


The above are a few quick comments about Fabian Kretschmer’s article “Debate about prostitution in South Korea: Miss Kim is fighting for her job”. While overall, the article is informative and provides some of the key points of the current debate in South Korea, the terminology used is inept and a quick fact check reveals several inaccuracies and crucial omissions. As is often the case, Mr Kretschmer (or his editor) seem to have felt the need to include statistics, although no reliable data about sex work in South Korea is available, not even in the reports commissioned by the Ministry of Gender Equality and Family. Positive are the choice of title, photo and caption, all of which are by no means a matter of course, and the fact that a German newspaper reported at all about the ongoing constitutional review of South Korea’s Anti-Sex Trade Law.


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.


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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


Sex workers in the Netherlands are making history

Sex worker protest in Amsterdam on April 9, 2015 © PROUD

Sex worker protest in Amsterdam on April 9, 2015 © PROUD

Guest post by Frans van Rossum [1]

Summary

As sex workers fight back against the Mayor of Amsterdam’s attempt to “legalise” violating their privacy rights, they receive some unexpected and unprecedented support from Magda Berndsen-Jansen, a member of parliament for left-centrist party D66. Her parliamentary enquiry, which demands answers to the very questions raised by newly founded sex worker organisation PROUD, proves that sex workers are finally being heard, and that in just over three months since its founding, PROUD has made itself a power to be reckoned with.

“Legalising” the violation of sex workers’ privacy rights? 

On February 23, 2015, Amsterdam’s mayor Eberhard van der Laan wrote a letter to Ivo Opstelten, then still in office as Dutch Minister of Security and Justice. [2] In essence, the mayor asked him to create a legal instrument that would allow city administrations nationwide to collect and, if needed, share personal data about sex workers, which the Dutch Privacy Protection Law explicitly prohibits to be collected and shared. The mayor argued the need for this exemption with two policy goals: firstly, “to combat human trafficking effectively” and secondly, “to promote the self-reliance of prostitutes.” [Click here for an English translation of van der Laan’s letter or here for the Dutch original] [3]

When this letter surfaced, Mariska Majoor, chairwoman of PROUD Nederland, the newly founded Dutch Union for Sex Workers, wrote a scathing response to the mayor on behalf of the sex workers’ collective, protesting the attempt to encourage legislation against the current law exclusively with regard to sex workers, and accusing him of using double standards. In public, he pretended to be in open conversation with sex workers, while behind their backs, he discriminated them by “advocating the violation of sex workers’ right to privacy.” Indeed, if this were to happen, all sex workers could consider themselves de facto outlaws despite the fact that sex work as such has been legal in the Netherlands since 1811, and still is. [4] Majoor also sent a copy of this letter to all parliament members. [Click here for an English translation of Mariska Majoor’s letter or here for the Dutch original] 

Sex workers speak and lawmakers listen

Consequently, on April 25, 2015, Magda Berndsen-Jansen, member of the lower house of the Dutch parliament for left-centrist party D66, submitted a parliamentary enquiry, listing eleven questions to Ard van der Steur, the newly appointed Minister of Security and Justice. [5] Berndsen-Jansen’s questions reiterate all points of protest from Majoor’s letter to the mayor, asking the minister to formulate and share with parliament his opinion on each of them. [Click here for an English translation of her enquiry or here for the Dutch original] 

In recent Dutch parliamentary history, it is unique that a parliament member, a 65-year old woman to boot, is so openly-supportive of sex workers’ rights, and in such detailed words. Berndsen-Jansen’s lingo is parliamentary but she is calling a spade a spade and demands no less than that sex workers are being treated equally under the law, just as anyone else.  

In my view, this represents a watershed moment in the history of the struggle for sex workers’ rights in the Netherlands – the moment that the voices and opinions of sex workers are finally being heard. A member of parliament uses a heavy parliamentary instrument not because advocates but sex workers themselves collectively stand up to Amsterdam’s mayor for their rights, social status and livelihood. 

And then the Saints went marching in…

This development came right after the events of April 9, when some 230 of them, together with hundreds of supporters, walked in protest to Amsterdam’s city hall and handed the mayor a well-formulated petition with nine demands for normalising sex work and the consultation process between the city and sex workers [Click here for an English translation of the petition or here for the Dutch original]. 

On behalf of them all, Felicia Anna, a Romanian migrant sex worker and activist working in the very red light district under siege, addressed the mayor in public, and the mayor returned the honour, said a few words, and shook hands with her. All this happened under the relentless eyes of cameras, phone cameras and the international press. 

[Click here to view an impressive list of media reports by the Dutch and international press, compiled on Felicia Anna’s English-language blog.]

For three impressive galleries with photos
from the protest please click here, here and here.

It was only in mid-February of this year, that PROUD, the Dutch Union for Sex Workers, was founded and introduced to press and public during a festivity in Amsterdam’s brothel-museum Yab Yum. Now, a mere three months later, the organisation has established itself as a power to be reckoned with. This means that after 15 very tough years, since organised prostitution became legal in the Netherlands, formally enabling sex workers to leave the shadowy underbelly of society, sex workers as a social entity have now undeniably risen to a status where society at large cannot overlook or neglect them any longer. [Click here for a video clip from the event by Dutch TV station SBS6. It might not play depending on your location.]

The gloves are now off and the fight can begin for real. The city is moving forward with its Project 1012, which dates back to 2006. [6] For sex workers, this has been a disastrous development. At the moment, the final stage of Project 1012 remains underfunded by € 40m, and on top of that, it is increasingly unpopular with the city council as well as with investors. [7] Without letting sex workers and prostitution business operators have a say, the project has already diminished the red light district and will continue to diminish this historic part of downtown Amsterdam under the hypocritical pretence of beautifying and gentrifying it.

Occupy Brothel Initiative on May 1 , 2015 © Felicia Anna

Occupy Brothel Initiative on May 1 , 2015 © Felicia Anna

Occupy Brothel Initiative

On Labour Day 2015, the city, in a move as ironical as symptomatic for its disregard for sex workers’ rights, closed another 18 windows in the red light district, assumedly temporarily, with another 76 set to follow. Cashing in on their civil rights, the affected sex workers responded by taking the city to court, another stunning first in the history of the sex workers’ movement here, and for twelve hours, they occupied one of the closed brothels to draw attention to their court case, giving the city a taste of its own medicine, which deservedly received nationwide media coverage. [Click here for an English translation of an article titled “Prostitutes at De Wallen demand their windows back” by Dutch daily Het Parool or click here for the Dutch original]

The winners of the long-term gentrification Project 1012 will be real estate developers and anti-prostitution activists who will be able to claim a symbolic victory, whereas sex workers, on the other hand, will lose safe work places, and nothing will change for actual victims of sexual exploitation. It is not five but one minute before twelve for red light districts in Amsterdam and elsewhere in the Netherlands, and for sex work as a legal profession itself. Hopefully, the gloves will have come off just in time.

“This is the stuff that history is made of.”

Equality may still be far away; social stigmatisation and intolerance are not at all things of the past; social recognition of sex work and sex workers still remains fragile; some faith-based prostitution prohibitionists and NGOs are still powerful; the media at large still favour producing sensationalist over objective reports; some parliamentarians still deliver condescending do-good speeches and pushing for moralising policies – based on unfounded facts – to rescue society from the so-called abomination of this legal profession; do-gooders still long to rescue whom they perceive as pitiful victims from their imagined harsh and cruel fate; but fact is that sex workers as a group have now taken the issue into their own hands, under the auspices and protection of the law and with the help of proper experts who are fully on their side. Together, they now fight to right the many old wrongs that society, government and authorities continue to use against sex workers with ever new tactics and methods, blatantly violating existing law, if not human rights, in the process. This is the stuff that history is made of. 


Footnotes

[1] Frans van Rossum is a life-long sex worker ally from the Netherlands who provides free practical assistance to migrant sex workers and other migrants. 

[2] During his tenure as Minister of Security and Justice, Opstelten was the driving force behind the closure of the majority of the Netherlands’ coffeeshops and growshops, effectively ending the successfully instituted experiment of the 1970s, where soft drugs were tolerated and separated from the market for hard drugs. Affiliated with the traditional conservative liberal establishment party VVD (People’s Party for Freedom and Democracy), Opstelten introduced the bill in 2009 to regulate prostitution via the registration of all sex workers . [see 3] Opstelten is also responsible for the strict barrier programme for immigrants, quasi a sibling of the prostitution barrier programme in Amsterdam, specifically designed to minimize the influx of foreigners intending to work as sex workers there. This barrier programme is part of the city’s draconic anti-prostitution programme, Project 1012, whose architect is Lodewijk Asscher, formerly Alderman of Amsterdam, currently Minister of Social Affairs and Employment. (Together with the mayor, an alderman forms a municipality’s executive council with the power to implement policies.) In March, Opstelten and his deputy Fred Teeven resigned for having misinformed parliament with regard to recent revelations about a 4.7 million guilder payment by the government to a convicted drugs baron in 2001. 

Source: Dutch News “Dutch justice minister, deputy resign over drugs dealer cash deal” (English)

[3] A bill that would among others provide an instrument for the nationwide mandated registration of sex workers was introduced by the Minister of Justice in 2009. It failed to pass the legislature in November 2013 after both the State Council and the Privacy Protection Council had advised against the registration measure for not being in accordance with existing law. In April 2014, the justice minister introduced an amended proposal to regulate prostitution without mandating registration, but a year later, the procedure remains stalled. However, in August 2013, the City of Amsterdam had already implemented a city ordinance which ordered prostitution business operators – under penalty of losing their license – to collect protected sensitive data from sex workers and to share them with the city administration. After a few months, this measure was quietly put on hold when the city’s attorneys realized its ‘flaw’. The city then tried to negotiate with the Privacy Protection Council to reach a conditional exemption, but the council refused to even consider this. Therefore, the mayor then sent his letter to the justice minister as a last resort to receive the necessary legal instrument to “legalise” an illegal violation of the law, to be applied for sex workers only.

[4] Some 600 years ago, the Netherlands encompassed many provinces that did not yet form a political nation with a centralized government under a head of state. Provinces were autonomous, and so were many cities. From the early 1400s, there were municipal ordinances regulating sex work in ‘zoned’ areas, effectively giving cities the monopoly on running brothels. In fact, the brothels were run by the police, and in turn, the revenues, a cut of the sex workers’ fees plus liquor taxes, generated substantial funds for the city’s police force. In the 1570s, when the North of the Netherlands became predominantly Protestant to add more weight to their war against the Spanish (Catholic) occupation, the cities formally outlawed sex work. However, it remained tolerated in certain venues, behind more or less closed doors. This situation stayed in effect until the French occupation made the country a kingdom under Napoleon’s younger brother and French law ruled. Between 1809 and 1811, the French re-legalised sex work under comparatively strict brothel regulations, which were rigorously enforced in most places.

Statute passed by the town council in 1413 - Image by Stadsarchief Amsterdam

This Amsterdam ‘keurboek’ (law book) dating from 1413
records a measure enacted to regulate prostitution in the city.
Image by Amsterdam City Archive (click to enlarge)

After the Netherlands had regained autonomy in 1813, legalisation remained in effect but the nationwide regulations under previous French law were dropped. For about a century, each city had the autonomy to regulate sex work in its own jurisdiction. From about 1880, faith-based political parties and the ever growing women’s movement worked towards the adoption of a new law, eventually passed in 1911, which prohibited any and all organised sex work enterprises (also known as the “brothel ban”). Sex work itself, however, remained legal. The law was never adequately enforced and authorities continued to look the other way. As brothels were widely tolerated, their number proliferated from the 1970s onwards. Subsequently, first attempts were made in the early 1980s to lift the brothel ban, but they only came to fruition in 2000. In good Dutch tradition, the central government passed on the task to regulate organised sex work to the individual municipalities, which could take measures as they saw fit.

To remedy the resulting chaos, a bill to regulate organised sex work as such on a national level was introduced in 2011, so far without success, and the continued legal vacuum serves as fertile soil for efforts such as those by Eberhard van der Laan.

[5] Van der Steur, only in office since March 15, wants to continue with the amended law proposal to implement nationwide rules for prostitution businesses. The registration for sex workers, as first proposed by his predecessor, Opstelten, has been taken out of the proposal at the explicit request of the Senate. The minister thinks that unified regulation will lead to prostitution businesses being treated equal in every city. According to van der Steur, controlling them would be easier, and thus more attention could be given to eradicate illegal practices. Van der Steur does not favour a “pimp ban” as he believes existing law already offers sufficient means to punish anyone coercing others to sell sex. For the time being, his position with regard to sex work as such remains unclear, in particular whether he still formally supports the idea that prostitution equals human trafficking, as he did as a member of parliament in 2011. At the time, Dutch Protestant Trouw daily recorded him as having said, “An estimated 50 to 70% [of sex workers] don’t work voluntarily in prostitution. This touches my Liberal heart. But the idea that politicians don’t know what is going on isn’t right. Last week, I was on the road with a trafficking team. We are really well informed; we know what the problems are. […] And what with the obligated registration that will be in the [new] law? Normally I wouldn’t support it as a VVD-party man. But now it is needed.’”

Sources: Dutch daily Het Parool “Number of brothels in Holland cut in half in past 8 years” (Dutch + English translation by Mark van der Beer); Dutch Protestant daily Trouw “VVD: Illiberal measures against prostitution are needed” (Dutch)

[6] Amsterdam’s Project 1012 is both a development and zoning plan, initiated in 2006 and scheduled to be completed in 2017. The name refers to the entire postcode 1012 area, the historic centre of the city, including but not limited to the Wallen (that in turn includes the red light district). The zoning plan names explicitly all existing sex work premises that should be re-zoned for non-sex work businesses only or residential use. The purpose of Project 1012 is to replace so-called “low-end” with upscale commerce and attract upscale residents (“gentrification”). It zones only a small section of Oudezijds Achterburgwal and some side alleys for sex work, and re-zones the entire traditional (and most intimate) sex work quarter around the Old Church for other use. (See also 7)

[7] At the last city council elections in March 2014, the party that began Project 1012 in 2006 lost its majority and isn’t even part of the ruling coalition anymore. Ever since, the mayor has remained as single champion of the project, but the coalition has made heavy cuts to its funding and decided that the city will not buy up all scheduled window properties. In addition, the mayor’s plan has stalled for a commercial company ‘1012, Inc’ to be created with private investors.

See also Laurens Buijs and Linda Duits article Amsterdam’s plan to save prostitutes is a billion euro gentrification project. Buijs and Duits are social scientists, affiliated with the University of Amsterdam and Utrecht University respectively.


Note from the author

“I would like to thank Matthias Lehmann for the invitation to report on the recent important advances of Amsterdam’s sex workers in the ongoing battle to improve their legal position. I would also like to thank him for the many suggestions to clarify for foreign readers the peculiarities of the local and national situation that sex workers in Amsterdam are up against (via additional documents, links and footnotes). Last but not least, I would like to thank him for the time-consuming efforts to edit this text as well as the English translations of all Dutch documents. In addition, I would like to thank PROUD’s chairwoman Mariska Majoor for the permission to publish her letter to Mayor Eberhard van der Laan.” – Frans van Rossum