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Tag Archives: Anti-Trafficking & Migration

Dadhania, Pooja, Deporting Undesirable Women (October 2, 2018). 9 UC Irvine L. Rev. 53 (2018); California Western School of Law Research Paper No. 18-15. Available at SSRN: https://ssrn.com/abstract=3259599
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Immigration law has long labeled certain categories of immigrants “undesirable.” One of the longest-standing of these categories is women who sell sex. Current immigration laws subject sellers of sex to an inconsistent array of harsh immigration penalties, including bars to entry to the United States as well as mandatory detention and removal. A historical review of prostitution-related immigration laws reveals troubling origins. Grounded in turn-of-the-twentieth-century morality, these laws singled out female sellers of sex as immoral and as threats to American marriages and families. Indeed, the first such law specifically targeted Asian women as threats to the moral fabric of the United States due to their perceived sexual deviance. Subsequent laws built upon these problematic foundations, largely without reexamining the initial goal of safeguarding American morality from the ostensible sexual threat of noncitizen women. This dark history casts a long shadow, and current laws remain rooted in these archaic notions of morality by continuing to focus penalties on sellers of sex (who tend to be women), without reciprocal penalties for buyers (who tend to be men). Contemporary societal views on sellers of sex have changed, however, as society has come to increasingly tolerate and accept sexual conduct outside the bounds of marriage. Although societal views surrounding prostitution remain complex, there is an increased understanding of the different motivations of sellers of sex, as well as a recognition that individuals forced into prostitution are victims who need protection. Prostitution-related immigration laws should be reformed to no longer penalize sellers of sex, both to bring immigration law in line with modern attitudes towards sellers of sex and to mitigate the discriminatory effect of the archaic and gendered moral underpinnings that initially gave rise to and continue to show in these laws.
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Thiemann, Inga K. o. J. „Beyond Victimhood and Beyond Employment? Exploring Avenues for Labour Law to Empower Women Trafficked into the Sex Industry“. Industrial Law Journal 2018. https://doi.org/10.1093/indlaw/dwy015.
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This article explores under which circumstances a labour law approach could make a meaningful contribution to combatting human trafficking into the sex industry. In this, I critique the existing criminal law approach to human trafficking and its policies, which focus on trafficked persons as idealised victims in need of protection, rather than on their rights as workers, migrants and women. Furthermore, I also challenge the exclusion of sex workers from arguments for a labour law response to human trafficking, as they maintain the construction of trafficking for sexual exploitation and trafficking for labour exploitation as separate phenomena. Instead, this article advocates an alternative labour law approach to human trafficking, which incorporates wider interdisciplinary issues of gender equality and societal exclusions for women and migrants, and particularly female migrant sex workers, within a labour response. My focus is therefore on exclusions maintained by existing labour legislation, which are based on the standard employment contract and amplified by barriers to labour protections faced by workers in female-dominated service jobs in general and by sex workers in particular. As sex workers’ embodied feminised labour is deemed not to be ‘real work’, they seem to be unworthy of labour protections. My proposed labour response to human trafficking into the sex industry therefore combines some of the strengths of the existing labour rights-focussed anti-trafficking and exploitation discourse with arguments from feminist labour law theory in order to tackle the intersectional dimension of human trafficking into the sex industry.

Hwang, Maria Cecilia. “Offloaded: Women’s Sex Work Migration across the South China Sea and the Gendered Antitrafficking Emigration Policy of the Philippines.” WSQ: Women’s Studies Quarterly 45, no. 1 (April 9, 2017): 131–47. 

Extract

Adelle had just arrived from the Philippines for a short visit in Hong Kong when I met her in the summer of 2011. I soon learned that since 2006 Adelle has been making regular visits to Hong Kong, where she travels as a tourist and works as an independent sex worker in nightclubs frequented by male expatriates and business travelers from western countries. A single mother in her late thirties, Adelle’s primary source of income is prostitution. For her, the ability to migrate across the South China Sea affords her an economic mobility otherwise denied in the Philippines; and expanding her markets to include Macao and Singapore—extending her time in multiple Asian countries—enables her to further maximize the rewards of her sexual labor. Typically Adelle traverses the South China Sea between Hong Kong, Singapore, and Macao for about three to four and a half months before returning to the Philippines. While she finds migrating [End Page 131] as a tourist stressful, she also relishes that she is her own boss and is able to control certain elements of her migration and labor, including going home to her son regularly. Despite such control over her migration, in recent years Adelle has faced increasing restrictions on her ability to work overseas because the Philippine government considers migrant women workers like her vulnerable to human trafficking.

In this article, I describe the migration of freelance or independent sex workers like Adelle and examine the impacts of the Philippine government’s efforts to control their ability to cross borders. I analyze the effects of the antitrafficking policy of “offloading” which prevents suspected victims of human trafficking, illegal recruitment, and undocumented workers from leaving the country. I argue that a “masculinist logic of protection” (Young 2003), coupled with gendered and classed assumptions about migrant vulnerability, undergirds this policy. I illustrate how the antitrafficking policy of offloading evinces the state’s logic of “benevolent paternalism,” which is defined by Rhacel Parreñas (2008) as the culture of restricting migrant women’s freedom purportedly for their own best interest. My discussion establishes that even though the campaign against human trafficking is considered a critical global feminist project (Doezema 2010), gendered antitrafficking emigration policies may have the contradictory effects of limiting women’s freedom of movement. ….

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Criminologists are increasingly turning their attention to the intersections between immigration and crime control. In this article, we describe and discuss four regulatory practices whereby Norwegian police combine criminal law and immigration law in different ways vis-à-vis migrant women involved in prostitution. These practices target sex workers with exclusionary measures, even though the sale of sex is legal. These regulatory practices illustrate how Norwegian anti-prostitution policies are combined with an anti-trafficking agenda, something which creates a policing regime dependent on extensive forms of surveillance and control over sex workers’ lives and mobility, and on partnerships and networks of governance.

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This article examines the vicissitudes that affect the migration trajectories of many Nigerian women who experienced trafficking before arriving in Italy, and end up in Centers for Identification and Expulsion (CIE) for undocumented migrants. Their life stories, collected within the CIE of Ponte Galeria (Rome), revealed violence as “a rule of action” with which these women are obliged to cope with at different levels. Moreover, they highlighted the failure of traditional security approaches to human trafficking, and the necessity to rethink the measures adopted to ensure survivors’ protection and rights. As it is conceived, the system of immigration control prevents the full guarantee of survivors’ rights, often labelling them as “illegal migrants”. Finally, there is the need to extend protection to all survivors of human trafficking even if the crime against them has not happened in Italy.

Kozma, Liat: Women’s Migration for Prostitution in the interwar Middle East and North Africa, in: Journal of Women’s History, Volume 28, Number 3, Fall 2016, pp. 93-113. 

Abstract

This article examines the migration of women for prostitution around the Mediterranean Sea, particularly to and within the Middle East and North Africa, in the interwar period. Reading League of Nations’ reports on traffic in women and children along with other published and archival sources, it situates women’s mobility within three significant waves of migration at the time: of south European men and women to Europe’s colonies in North Africa; of east European Jews westwards and southwards; and of Syrians outside of Mt. Lebanon. It shows how women’s migration can be explained and traced by following such temporary travelers as tourists, sailors, and soldiers and such more permanent migrants as settlers, refugees, and labor migrants. By using the category of migration, this article argues that “traffic in women” is insufficient as an analytical category in accounting for the geography of prostitution and prostitutes’ international mobility in the interwar Mediterranean.

Also see: Kozma, Liat: Global Women, Colonial Ports. Prostitution in the Interwar Middle East, SUNY Press, 2016. 

Podcast Marginalized Women in Khedival Egypt

Sharma, Nandita. “Anti-Trafficking Rhetoric and the Making of a Global Apartheid.” NWSA Journal 17.3 (2005): 88-111.

This essay critically examines the historical and contemporary discursive practices of anti-trafficking campaigns. I argue that such campaigns within the global North, often led by feminists, constitute the moral reform arm of contemporary anti-immigrant politics that targets negatively racialized migrants. As in the past, current campaigns collude with a state-backed international security agenda aimed at criminalizing self-determined migrations of people who have ever-less access to legal channels of migration. I argue that only by recognizing the agency, however constrained, of illegalized migrants can we come to understand how processes of capitalist globalization and the consequent effects of dislocation and dispersal shape the mobility of illegalized migrants. Within the current global circuits of capital, goods, and people, I argue that along with a call to end practices of displacement, a demand to eliminate immigration controls is necessary if feminists are to act in solidarity with the dispossessed in their search for new livelihoods and homes.

Full text available here.