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Tag Archives: Alternative approaches for compating human trafficking

A tale of two cities: Shifting the paradigm of anti-trafficking programmes. Smarajit Jana, Nandinee Bandyopadhyay , Mrinal Kanti Dutta , Amitrajit Saha. Gender & Development Vol. 10, Iss. 1, 2002

Abstract:

This article examines the issue of trafficking from the perspective of some sex worker organisations in India and Bangladesh. It argues that inequality between classes, genders, and nations is the root cause of trafficking, and that the solution to the problem lies in a political struggle for the rights of marginalised people. To substantiate these arguments, this article draws on the life stories of trafficked people, and on the preventative anti-trafficking initiatives of sex workers’ organisations. In order to understand the ways in which trafficking violates people’s rights and restricts their control over their lives we need to focus on the outcomes of trafficking rather than debating the processes through which trafficking takes place. Those who have been trafficked should not be perceived as passive victims of their circumstances, manipulated by others, but as human agents, who can – and often do – fight to gain control over their lives. The article offers a brief introduction and some guidance to some of the challenges that NGOs will face in their advocacy work on trafficking issues.

Full article available here.

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Brendan M. Conner, In Loco Aequitatis: The Dangers of “Safe Harbor” Laws for Youth in the Sex Trades, Stan. J. C.R. & C.L.(forthcoming 2016).

Abstract

The accompanying Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on January 27, 2015 the House of Representatives passed legislation that would give preferential consideration for federal grants to states that have enacted a law that “discourages the charging or prosecution” of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound bite of safe harbor’s proponents has obscured the truth of its potential impact: increasing arrests, extending the length of involuntary commitment, and ratifying a pattern of endemic law enforcement harassment and brutality. This Article offers new perspectives on the debate and examines challenges presented to legislators considering adoption of safe harbor laws.

Full article available here.

Uhl, Bärbel, et. al: Data Protection Challenges in Anti-Trafficking Policies – A Practical Guide, 2015.

The European NGO initiative datACT – data protection in anti-trafficking action published the practical guide “Data Protection Challenges in Anti-Trafficking Policies”.

The publication offers an overview of the relevant European data protection provisions, a methodology to conduct privacy impact assessments for anti-trafficking NGO service providers, an analysis for the privacy rights claims for trafficked persons, and data protection standards for NGO service providers. Moreover, the study contains an elaboration of legal arguments that lead in 2013 to the failure of mandatory registration of sex workers in the Netherlands.

http://www.datact-project.org/en/materials/study.html

This article examines the paradoxes of neoliberalism through two migrant sex workers’ negotiation of the transnational disciplinary regimes of morality, national security, and humanitarianism. We take as our point of departure their active resistance to the label of “victims of sex trafficking.” From a close analysis of their migration journey and their experiences in the United States, we come to understand these women as defiant neoliberal subjects. We argue that global anti-trafficking initiatives as they have taken shape in the twenty-first century are part of neoliberal governance. The women’s sexual labor subjects them to the scrutiny and penalty of the state. Yet they see themselves as self-sufficient, self-responsible, and self-enterprising individuals. We locate these tensions within three paradoxes of neoliberalism: the apparent amorality of neoliberalism and its facilitation of a conservative moral agenda; the depoliticization of social risks and the hyperpoliticization of national security; and the continuous creation and ravaging of vulnerable populations coupled with the celebration of humanitarian/philanthropic responses from governmental and NGO sectors. Juxtaposing these women’s self-making projects with the transnational state apparatus to combat “sex trafficking,” we gain insights into how individual pursuits and state practices intersect at this neoliberal moment—despite their different purposes.

Full article available here. 

Shah, Svati P. (2011): Sex work and the Women’s Movements.

This paper places the development of sex workers’ movements over the past two decades within the historical context of feminist discourses on violence against women. The paper discusses the importance of the discourse on violence against women in framing contemporary abolitionist campaigns that seek to criminalize sex work. It goes on to discuss the contemporary context, including the status of alliances and dialogue between women’s, LGBTQ, and sex workers’ movements, focusing on India. The history of responses to the HIV/AIDS epidemic and the question of agency are also discussed. The paper ultimately calls into question the effects of using a liberal framework to craft interventions in the governance of sexual commerce.

You can download this 44 page document here. 

Abstract

This paper argues that potential cases of oppression, such as sex trafficking, can sometimes comprise autonomous choices by the trafficked individuals. This issue still divides radical from liberal feminists, with the former wanting to ‘rescue’ the ‘victims’ and the latter insisting that there might be good reasons for ‘hiding from the rescuers.’ This article presents new arguments for the liberal approach and raises two demands: first, help organizations should be run by affected women and be open-minded about whether or not the trafficked individuals should remain in the sex industry. Second, the career choices of trafficked individuals should be expanded by the introduction of an opportunity-extending right to asylum.

Baye, Eneze Modupe-Oluwa, and Silke Heumann. “Migration, Sex Work and Exploitative Labor Conditions Experiences of Nigerian Women in the Sex Industry in Turin, Italy, and Counter-Trafficking Measures.” Gender, Technology and Development 18, no. 1 (March 1, 2014): 77–105. doi:10.1177/0971852413515322.

Abstract

This article undertakes a critical analysis of counter-trafficking measures in Italy, particularly the Social Protection Program introduced under the 1998 Migration Law for victims experiencing violence and “extreme exploitation”, in relation to the experiences of Nigerian sex workers in the city of Turin. The experiences of Nigerian sex workers in Turin are diverse and complex, as most of the women are undocumented, making them highly vulnerable to exploitative debt and labor contracts, as well as abuse and violence from employers, clients and government authorities. This research found that while the protection program has been fortunate for some beneficiaries, it fails to address the vulnerabilities faced by migrant sex workers. One of the shortcomings of the program is that it protects victims only if they suffer severe forms of violence, provide information that helps in the arrest of traffickers, and tell a “convincing story” that underscores their role as “innocent victims.” It ignores the complexity of the experiences of undocumented migrants who engage in commercial sex work and the multiple challenges they face. It overemphasizes a particular and narrowly defined form of victimization while rendering other forms of victimization invisible. Counter-trafficking measures may offer a modicum of protection for a specific and small group of undocumented migrants in the sex industry. However, when combined with increasing restrictions on migration and sex work, the counter-trafficking measures actually increase the vulnerability of the majority of migrant sex workers, and strengthen the networks of traffickers.