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
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.
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).
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.
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.
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