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Tag Archives: Critique of Anti-Trafficking

Chetry, Pooja, and Rekha Pande. 2019. ‘Gender Bias and the Sex Trafficking Interventions in the Eastern Border of India–Nepal’. South Asian Survey, August, 0971523119862476. https://doi.org/10.1177/0971523119862476.
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The present article looks at gender bias and sex trafficking interventions in the eastern border of India–Nepal. It attempts to understand the socio-economic conditions and other influencing factors that circumscribe a woman’s migration. It documents the interventions by anti-trafficking networks and explores the experience of intercepted women. It attempts to show how interception methods as techniques of intervention to combat trafficking in persons are gender biased. Interception, as a primary method of intervention, is used by anti-trafficking organisations to prevent the occurrence of human trafficking cases in its origin/source country. On suspicion, a woman or a girl crossing the border alone or in all-female groups is stopped and intercepted by the anti-trafficking activists on the ground of her being a potential victim of sex trafficking. Such interception generally takes place within 3 km radius of the border of Panitanki, India, to Kakarbitta, Nepal in order to prevent the unsafe and illegal migration of girls/women. The cross-questioning method is used to extract information and validation about her identity and travel. This article, therefore, examines interception methods as techniques of intervention to combat trafficking in persons. It shows how this intervention method in certain aspect is patriarchal in its form. It reinforces the patriarchal belief of women’s vulnerability in the absence of male authority leading to discreet dangers.

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Jean Allain, “No Effective Trafficking Definition Exists: Domestic Implementation of the Palermo Protocol”. 7 Alb. Govt. L. Rev. 112 (2014), 111.

This Article considers the overall regime established by the 2000 Palermo Protocol to demonstrate the manner in which the legal order of States. In so doing, and with special reference to the definition of trafficking, it shows the limited ability of States to actually carry out their avowed wish to suppress the trafficking in persons. Because their jurisdiction over what is termed ‘trafficking’ is different, the ability for the origin, transit, and/or destination countries to ‘join-up’ is rendered unworkable by, for instance, extradition treaties that require crimes to be common to both jurisdictions, or the application of extraterritorial jurisdiction when what is deemed a crime in one jurisdiction is not so in another. Thus, in a very short period of time, legislators around the world have created, under the banner of ‘trafficking,’ an international regime which, through its implementation in the domestic sphere, has fractured its potential effectiveness.

Full article available here.

 

Over the past two decades there has been a growing body of academic and community-based literature on sex workers’ lives and work. However, the discourses, laws, and policies that impact sex workers are continually changing, and critical perspectives are constantly needed. Therefore, this Special Issue of the Anti-Trafficking Review highlights some of the current achievements of – and challenges faced by – the global sex worker rights movement.

Contributors examine the ways in which organising and collectivisation have enabled sex workers to speak up for themselves and tell their own stories, claim their human, social, and labour rights, resist stigma and punitive laws and policies, and provide mutual and peer-based support. The contexts in focus include Canada, Latin America and Caribbean, United States, France, South Africa, India, Thailand and the Philippines.

Published: 2019-04-29
Kotiswaran, Prabha. „Do Feminists Need an Economic Sociology of Law?“ Journal of Law and Society 40(1) (2013): 115–36. https://doi.org/10.1111/j.1467-6478.2013.00615.x.
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Feminist legal scholars have long exposed the mutually constitutive relationship between the market and the social sphere, particularly, of the family, as mediated by the state. A peculiar division of labour has emerged in American feminist legal theorizing on the market in the context of care work, on the one hand, and sex work on the other. Care is valorized, thus entrenching the family‐market dichotomy while the sex‐work debates view the market as a source of harm and violence and therefore to be eliminated from the social. This produces a problematic feminist understanding of the market and generates legal reforms that produce unintended consequences for women themselves. The article offers an economic sociology of law pursued in legal ethnographic terms as a way of revitalizing contemporary feminist legal thought on the market and, indeed, the economy, illustrating its use in the context of international anti‐trafficking law and transnational surrogacy.

Walker, Rebecca, und Treasa Galvin. 2018. „Labels, victims, and insecurity: an exploration of the lived realities of migrant women who sell sex in South Africa“. Third World Thematics: A TWQ Journal 3 (2): 277–92. https://doi.org/10.1080/23802014.2018.1477526.
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Based on research work among cross-border migrant women who sell sex in South Africa, this paper examines the ways in which the label ‘victim’ of human trafficking ignores the complex realities of human mobility. We argue here that as state legislative and policy measures, in relation to human trafficking, justify the securitisation of borders and the curtailment of migrant rights, an accompanying hegemonic discourse serves to deny the agency of migrant women sex workers. As a result, the linkages between human trafficking and migration are experienced by migrant women sex workers through new layers of vulnerability and insecurity.

Ray, Sawmya. 2018. „In a State of Limbo: Women, Sex Industry and Anti-Trafficking Interventions in Assam“. Sociological Bulletin, Juni, 0038022918775499. https://doi.org/10.1177/0038022918775499.
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This article attempts to understand anti-trafficking interventions in Assam with special reference to sex trafficking. It critically analyses ideologies determining the functioning of anti-trafficking networks and its impact on combating sex trafficking. Of specific concern is to understand the ways in which policies of rescue, rehabilitation and reintegration are implemented and whether such implementation places at its centre the standpoint of the marginalised, that is, women in commercial sex—trafficked or otherwise. This article is based on data collected from rescued trafficked women, current sex workers, state and non-state anti-trafficking personnel, observation at shelter homes and case studies. It argues that anti-trafficking networks in Assam work within the neo-abolitionist approach resulting in the patronisation and infantilisation of women in commercial sex. Despite its effectiveness in certain aspects, it more often than not leaves these women in a state of limbo.

Since the declaration by the United Nations that awareness raising should be a key part of efforts to combat human trafficking, government and non-government organizations have produced numerous public awareness campaigns designed to capture the public’s attention and sympathy. These campaigns represent the ‘problem’ of trafficking in specific ways, creating heroes and villains by placing the blame for trafficking on some, whilst obscuring the responsibility of others. This article adopts Bacchi’s ‘what is the problem represented to be?’ framework for examining the politicization of problem representation in 18 anti-trafficking awareness campaigns. It is argued that these campaigns construct a narrow understanding of the problem through the depiction of ‘ideal offenders’. In particular, a strong focus on the demand for commercial sex as causative of human trafficking serves to obscure the problematic role of consumerism in a wide range of industries, and perpetuates an understanding of trafficking that fails to draw a necessary distinction between the demand for labour, and the demand for ‘exploitable’ labour. This problem representation also obscures the role governments in destination countries may play in causing trafficking through imposing restrictive migration regimes that render migrants vulnerable to traffickers.