Category Archives: human rights

Evidence-based trafficking policy?: Sociologist gives State Department an “F”

When the Obama administration took office on Jan. 1, 2009, many scientists and scholars were hopeful that empirical evidence would play a greater role in defining a range of domestic and international policies, ranging from justifications for war, to global warming, to sex education, to policies about human trafficking. The hope was that the administration would turn away from making decisions that were rooted in ideological agendas and make decisions that were informed more directly by reliable empirical data. To some extent, this has been the case. [E.G.: see the State Department's (remarkable) response to evidence of human rights violations against people in the sex trade].

However, when it comes to directly criticizing the State Department about its international policies — even using solid empirical data —  it is probably inevitable that the State Department machine will kick into defense mode. And this is what is happening now in response to Rhacel Salazar Parreñas, a professor of sociology at the University of Southern California, for her book Illicit Flirtations: Labor, Migration, and Sex Trafficking in Tokyo which is based on her ethnographic research with bar hostesses in Tokyo. The State Department argues that women who are similar to those Parreñas included in her study need to be “rescued.” Parreñas’ research suggests otherwise, and adds to the mounting evidence which indicates that calls for “rescuing” adult women are simplistic, not based in reliable evidence, and are ultimately harmful to the women who allegedly “need” to be “rescued.”

Parreñas’ more complicated and empirically-grounded analysis puts a wet blanket on widespread popular discourse about “sex trafficking” — a “victim/rescue” narrative that many critical feminist, human rights, and labor scholars critique as a colonialist, patronizing, (ironically) sexualizing fantasy of White Knights swooping in to rescue helpless women. Parreñas’ work also provides yet another push to the State Department — and other all parties interested in alleviating human trafficking — to ground their approaches in rigorous data collection, as well as analysis that addresses labor and migrant rights in the context of global economic inequalities.

See below for Nina Ayoub’s story which briefly summarizes Parreñas’ findings and the State Department’s response:

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Scholar’s Views Rile State Department

November 10, 2011, 9:00 pm

By Nina Ayoub

The author of a new scholarly book from Stanford University Press has become the target of criticism from an unusual source: the U.S. Department of State.

In recent weeks, Rhacel Salazar Parreñas, a professor of sociology at the University of Southern California, has received media attention for Illicit Flirtations: Labor, Migration, and Sex Trafficking in Tokyo, a book about Filipina women working as bar hostesses in the Japanese capital. Bloomberg News ran excerpts of her work. She was called the “literary lovechild of Barbara Ehrenreich and Naomi Wolf” by Zócalo Public Square, which said the book will “inspire indignation for reasons you didn’t expect.” Parreñas also was interviewed onThe World, a program of Public Radio International. Following that broadcast, the State Department asked—essentially—for equal time.

The issue? Parreñas was highly critical of the ways in which State Department policies on international sex trafficking characterize the women who are the focus of her book, minimizing, she says, their individual agency as migrant laborers, and seeking to “rescue” them and regulate their lives in ways that Parreñas argues may leave them worse off.

On November 4, Alison Kiehl Friedman, deputy director of the State Department’s Office to Monitor and Combat Trafficking in Persons was interviewed on The World to “clarify U.S. policy on sex trafficking.” She told the host that “we agree with Dr. Parreñas that there is exploitation inherent in what is going on, and we agree that not all the people there are trafficking victims. And we agree that there needs to be more done to get unscrupulous labor recruiters out of the system and better protect migration flows. Where we disagree is that somebody can go in, have a personal experience for a couple of months, and categorically say these people weren’t sex-trafficking victims, and somehow calling some of them sex-trafficking victims is worse than ignoring their exploitation and trying to address it.”

In an e-mail interview, The Chronicle asked Parreñas for her response. Is she surprised at the public attention her research is getting from the State Department?

“As a scholar who is committed to ‘public sociology,’ that is, sociology that aims to transcend the academy and reach a wider audience, I couldn’t be anything but pleased that policy implementers have given attention to my work,” she writes. “Unfortunately, they seemed to have also misinterpreted the work.”

Parreñas adds: “I do wish that the U.S. State Department gave greater attention to the evidence-based research on human trafficking by scholars such as myself, and others including the anthropologist Denise Brennan, the legal scholar Dina Haynes, and the anthropologist Tiantian Zheng.” The department does not, she charges. Instead, they “insist on making unsubstantiated claims on human trafficking.”

What the sociologist is chiefly calling “unsubstantiated” is the Trafficking in Persons Report, which the State Department describes as its “principal diplomatic tool to engage foreign governments” on the subject. She is critical of the State Department, she says, for not fully accounting for its methods, as well as for its informants and sources. “The TIP Report would get an F if it were a  social-science-research project.”

Parreñas says she is fairly sure that her critics at the agency have not yet read her book. “Otherwise, they would not be able to dismiss my methodology as ‘having a personal experience for a couple of months.’” she writes. As a qualitative sociologist, she used a varied set of methods, including “in-depth interviews with hostesses, brokers, club owners; participant-observation both as a customer (in nine clubs) and as a hostess (in one club primarily); archival research; and interviews with government representatives in both Japan and the Philippines. I spent not just ‘a couple of months’ but a total of 11 non-continuous months in Tokyo to conduct my project.”

Unlike Friedman and the TIP Report, she says, “all the claims that I have made about the situation of hostesses—a group they say are ‘forced into prostitution’—are based on evidence, i.e., concrete interviews with migrant Filipina hostesses who I made sure represented a diverse group.” The women included “those who are college educated and those who are high-school dropouts; some work in high-end bars and others in low-end bars; some undress in the club where they work and others never sit next to a customer at a club when at work.”

Speaking on the radio of the Filipina hostesses, Friedman, the State Department official, used an analogy she said her boss was fond of. “I think that focusing on how they got there and whether there was any initial consent to travel is really beside the point,” she told The World. “It’s almost like criminalizing driving to the bank robbery, but not the bank robbery itself.”

In her e-mail to The Chronicle, Parreñas counters: “As I explicitly described in the interview, the work of hostesses is not prostitution. Instead, the work is to flirt professionally with customers.”

Friedman, notes Parreñas, “said we should not focus on how one gets to commit a robbery, but to focus on the robbery. This statement just goes to show that she chooses not to consider the circumstances of people’s lives and the particular needs that arise out of those circumstances.

In the case of hostesses, she says, “these women are often from the poorest of the poor in the Philippines. We cannot understand why they do hostess work unless we consider the structural contexts that have shaped their lives.” Those who prefer they not become hostesses, she says, should work on easing the structural inequalities that limited their choices and made hostess work the best of bad options.

“But let us say I agree with Friedman’s boss,” she adds. “Let us look at the act of bank robbery. Let us disregard how they got there. In this case, we would look at the act of hostess work. We would actually see that the work is not prostitution but professional flirtation. Professional flirting could be performed in a variety of ways—via showing acts of care such as spoon feeding sensually, dancing on stage (clothed or unclothed), singing, verbal teasing. I would ask Friedman—what is wrong with professional flirting? What is so different between professional flirting and working as a waitress in Hooters?”

“Yes, I would say let us look at the act of ‘bank robbery’ or the act of ‘hostess work.’ If we were going to do it accurately, we would actually rely on evidence to know the specifics of that ‘bank robbery.’ We would perhaps realize that the robber walked away with three pieces of mint candy from the bank and not wads of cash. If one looks at the TIP Report,one sees that the U.S. Department of State provides no evidence related to working conditions. So it is questionable if they know anything about the ‘bank robber.’”

Commenting on Friedman’s statement that “compelled service is frequently misidentified as consent,” Parreñas says that the official is “cloaking the problem of human trafficking. She is looking at the surface and not the structure.” Most migrant workers, she says, are not free laborers. They are often guest workers whose legal residency binds them to a sponsoring employer. This leaves them in a highly unequal relationship of dependency. This, she writes, would apply to farm workers in North Carolina, non-immigrant-visa domestic workers in Washington, D.C.; likewise, domestic workers in Singapore, or the kafala system in the United Arab Emirates, or au pairs in Denmark, or migrant teachers in Baltimore.

“Eminent scholars such as Carole Vance and Ann Jordan have expressed their puzzlement over the obsession of the U.S. State Department on sex workers as well as their conflation of sex trafficking and prostitution,” says Parreñas. She says that the department’s “over-obsession with finding ‘prostitutes’ who are ‘sex trafficked’” has led them to misidentify migrant Filipina hostesses. “Hostess work is not a euphemism for prostitution,” says Parreñas. Yet, she claims, the U.S. Department of State, “without evidence,” misidentifies the hostesses as not just prostitutes but women “forced into prostitution.”

This misidentification is a “setback,” she argues, “because it has eliminated the jobs of tens of thousands of women, many of whom are now living in poverty in the Philippines.” This shift, the book indicates, occurred when Japan changed its visa policies on “Filipina entertainers” in a way that conformed with U.S. preferences. The scholar also cites the research of her Ph.D. student Maria Hwang at Brown University, where Parreñas taught before going to the University of Southern California. Hwang has found a sizeable number of Filipina hostesses displaced from Tokyo working as migrant sex workers in Hong Kong. Hwang’s research, says Parreñas, shows us that “falsely rescuing them from prostitution has actually forced them into prostitution.”

Her student’s finding “tells us that it is very important that the U.S. Department of State only provide evidence-based research in their reports. Not having evidence-based research could backfire on them in more ways than one.”

Parreñas will continue her research on migrant labor. She says she is preparing a second edition of her 2001 book, Servants of Globalization: Women, Migration and Domestic Work (Stanford), which compared Filipina migrant domestic workers in Rome and Los Angeles. She is conducting new research in both cities to update their situations. She also has a new project that will compare the experiences of domestic workers whose legal residency in a country binds them to a citizen sponsor employer, meaning “that they cannot quit their job unless they are willing to be deported.” She will compare domestic workers in that situation in Denmark, the United Arab Emirates, and the United States.

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Original story posted here: http://chronicle.com/blogs/pageview/scholars-views-rile-state department/29694?sid=at&utm_source=at&utm_medium=en

See also human rights law professor Ann Jordan’s prolific scholarship on this issue, including her article here:  http://www.fpif.org/articles/sex_trafficking_the_abolitionist_fallacy

Other related Sexuality & Society stories:

 

 

 

US makes historic move to recognize human rights of sex workers

Great news for advocates of sexual health, human rights, and social justice! See my story below (first posted March 15, 2011 at Ms Magazine Blog):

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Recently I blogged about how the United Nations’ Human Rights Council flagged sex worker rights in its periodic review of the United States’ human-rights record. Member state Uruguay recommended that the U.S. “ensure access to public services paying attention to the special vulnerability of sexual workers [sex workers] to violence and human rights abuses.”

Within four months of Uruguay’s recommendation to the U.S., and after a subsequent flurry of advocacy efforts by sex worker activists, researchers, and allies (including me), the State Department has released its response. To each of the 228 Universal Periodic Reviewrecommendations, the State Department replied in one of three ways: “fully support,” “partially support” or “do not support.”

In what is being heralded as a victory for sex workers’ rights, the State Department chose to “fully support” Uruguay’s recommendation, stating: “No one should face violence or discrimination in access to public services based on sexual orientation or their status as a person in prostitution.”

This simple statement marks a potential monumental shift in U.S. policy: a new recognition that anti-trafficking policy alone is not an adequate response to the human rights violations of all sex workers. There is mounting evidence that current anti-trafficking policy ignores (and even exacerbates)  human rights violations of adult, consensual sex workers and of people working under coercive or trafficked conditions.

Members of my group, Human Rights For All: Concerned Advocates for the Rights of Sex Workers and People in the Sex Trade (HRA) were ecstatic. “People in the sex trade have been marginalized and stigmatized when seeking public services, including through law enforcement. This is a big step forward to acknowledging sex workers’ human rights,” says Kelli Dorsey, Executive Director of Different Avenues, a group dedicated to reproductive justice by and for girls and women of color.

“We were long overdue for the United States to take the needs of sex workers seriously, particularly the need to stem violence and discrimination,” says attorney Sienna Baskin, Co -Director of the Sex Workers Project at the Urban Justice Center in New York.

On Friday, March 18, sex workers will stage demonstrations in cities across the country to celebrate the adoption of Recommendation #86. For further information on the demonstrations, as well as supporting documents, see the HRA website.

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Links:

 

Human Rights for U.S. Sex Workers now on Global Stage

For the past few months, I have been honored to be part of a team of activists and researchers responding to developments involving the United Nations Human Rights Council, the US State Department, and matters concerning human rights abuses against sex workers. The team of which I am a part is one of many civil society groups invited to engage in dialogue with the State Department in response to the UN’s Universal Periodic Review of the human rights record of the United States. For this blog post, submitted on March 3 – International Sex Workers’ Rights Day – I will briefly share highlights of this unprecedented historic process.

The Universal Periodic Review is a relatively new procedure created by the United Nations Human Rights Council (which itself was only created in 2006). Over the past three years (beginning in 2008 and ending in 2011) the human rights record of all member states of the global community have been and/or will be reviewed by the United Nations Human Rights Council in Geneva, Switzerland. This past November (2010), it was the turn for the current human rights record of the United States (as well as 15 other UN member states) to be reviewed. Upon review of the US record, more than 200 recommendations were made to the Obama administration, including the following by member state Uruguay[i]: “undertake awareness-raising campaigns for combating stereotypes and violence against gays, lesbians, bisexuals and [transgender people], and ensure access to public services paying attention to the special vulnerability of [sex] workers to violence and human rights abuses.”

Since its review in November, the US State Department has engaged in meetings with civil society representatives to help inform its response to the 228 UN recommendations. (The entire list of recommendations to the US can be found here).

Uruguay’s recommendation has generated an exciting and productive dialogue among people concerned with the welfare of sex workers and people in the sex trade. This historic moment has also created a refreshing opportunity to discuss sex work BOTH as a human rights issue AND as an issue that cannot be adequately addressed by responses to sex trafficking alone.

Will the US administration recognize this UPR recommendation, and make concrete steps to improving human rights for all, including sex workers (meaning ALL sex workers, including adult consensual sex workers AND those who are exploited or trafficked)? We are hopeful that it will. Judging by the outpouring of support we have received from leading researchers and organizations — representing sexual and reproductive health, law, and criminal justice — we are far from alone in this hope. Several formal letters of support have been received, including from former Surgeon General Dr. Jocelyn Elders, the Center for Health and Gender Equity (CHANGE), and Change.org. Dozens of other researchers, experts, and organizations have given signatures of support including Human Rights Watch, Sexuality Information and Education Council (SIECUS), and Amnesty for Women.

These letters and signatures, along with other documents including a policy brief discussing violence against sex workers, have been submitted to the State Department for review. Below are segments of this policy brief (see end of post for list of authors and collaborators).

“In November 2010, the current human rights record of the United States was reviewed by the United Nations Human Rights Council. As part of this process, members of the U.N. made a series of recommendations toward improving human rights in the U.S. In recommendation #92.86, member state Uruguay called on the Obama Administration to “undertake awareness-raising campaigns for combating stereotypes and violence against gays, lesbians, bisexuals and [transgender people],[ii] and ensure access to public services paying attention to the special vulnerability of [sex] workers[iii] to violence and human rights abuses.”[iv]

“This recommendation from the global community highlights human rights issues that have gone unnoticed for too long. Sex workers—that is people who engage in sexual commerce for income and subsistence needs—are members of families and communities in all parts of the United States. Because of stigma and criminalization sex workers—and those profiled as such—are subjected to violence and discrimination, and are impeded from accessing critical services, such as healthcare, and the right to equal protection under the law. State agents themselves, specifically police officers, commit physical and sexual violence against sex workers. These abuses are particularly rampant in poor and working class, urban, majority African-American and immigrant communities and also greatly affect lesbian, bisexual and transgender (LGBT) people. Globally, the U.S. federal anti-prostitution policies, such as the “anti-prostitution pledge,” have had dire consequences for international HIV/AIDS efforts.

Our policy brief discusses and critiques three policy areas in need of improvement: 1) Federal policies that conflate sex work and trafficking, 2) Federal approaches to HIV/AIDS, and 3) Criminalization (including state level laws) and Policing. Below is our language on Federal policies that conflate sex work and trafficking:

“Some current federal policies are rooted in the misconception that sex work and human trafficking (a serious human rights abuse acknowledged by the U.S. Government under the Trafficking Victims Protection Act of 2000 and subsequent re-authorizations) are the same issue. This misconception, combined with pressure from some advocates seeking to use concern about human trafficking as a way of diverting resources into anti-prostitution campaigns, has had significant impact on efforts to provide the services and support needed by sex workers both within the United States and globally.

“Globally, the U.S. imposes the Anti-prostitution Loyalty Oath or the “anti-prostitution pledge” on groups funded by the President’s Emergency Plan for AIDS Relief (PEPFAR) to provide services internationally to address HIV/AIDS.[v] In order to receive funds organizations must adopt a policy indicating that they oppose prostitution and “sex trafficking.” This policy runs counter to documented best practices for HIV/AIDS interventions[vi] and have lead some groups to avoid offering any health and safety services for sex workers.[vii] [viii] As a result, the global and public health community has been virtually unanimous in its calls for revoking the anti-prostitution pledge. [ix] [x] [xi] [xii] [xiii] Two lawsuits against the U.S. government were filed on behalf of three U.S.-based NGOs engaged in HIV-prevention, leading to U.S. Court Judgments concluding that the “anti-prostitution pledge” is unconstitutional on the basis of violating the first amendment right to freedom of speech.[xiv] The Department of Justice has appealed both cases; the second case is still in court.[xv]

“Federal policies that conflate sex work and trafficking also impact sex workers’ human rights domestically. Federal funding and other resources intended to protect victims of trafficking have instead been used to arrest and incarcerate adult sex workers based on state laws. For example, ongoing federal taskforces aligned with regional and municipal law enforcement agencies, such as “Operation Cross Country,” use funds that are allocated for services for trafficking victims.[xvi] There is mounting evidence that anti-trafficking brothel raids of this kind place migrant sex workers and trafficked persons at greater risk of incarceration, deportation, and trauma.[xvii]

After careful consultation with organizations run by and serving sex workers, as well as human rights activists and members of the State Department, we have made a number of recommendations to the US government. These recommendations, in their shortened version are the following:

The U.S. Federal Government can show progress in addressing human rights abuses against sex workers by a) accepting recommendation #92.86, and b) engaging in concrete, politically-feasible steps that can minimize human rights abuses including at a minimum:

  1. Building capacity for states to address human rights violations through research and dialogue.
  2. Modifying or eliminating existing federal policies that conflate sex work and human trafficking and prevent sex workers from accessing services such as healthcare, HIV prevention and support.
  3. Investigating and preventing human rights abuses perpetrated by state agents, such as law enforcement officers.
  4. Investigating the impact of criminalization, including state level criminal laws, on sex workers and other groups.

These recommendations, if approved and implemented, will address the needs of a population that disproportionately impacts low-income women, but will also serve a population that is extremely diverse in terms of sex, gender presentation, sexual orientation, race, class, and nation of origin. In the midst of numerous and devastating political assaults on women’s health care in the US, the movement for a human rights policy approach for sex workers and people engaged in sex trade work in the United States is a breath of hope. Stay tuned: the State Department is scheduled to release its response the the UPR recommendations soon.


[i] Uruguay has already shown clear leadership in sexual rights and social justice; Uruguay was the first South American country to recognize civil unions for both same sex and different sex partners in 2007 and legalize same sex adoption in 2009; it has low levels of income inequality, and is ranked at the top of  South America countries for a range of quality of life and prosperity measures. http://en.wikipedia.org/wiki/Uruguay

[ii] The translation of member state Uruguay recommendation uses the term “transsexuals.” We have inserted the term “transgender people” which is a translation that more accurately reflects terms used in the United States.

[iii] The translation of member state Uruguay recommendation uses the term “sexual workers.” We have inserted the term “sex workers” which is a translation that more accurately reflects terms used in the United States.

[iv] Human Rights Council, United Nations General Assembly. Geneva, 1-12 November, 2010. Draft Report of the Working Group on the Universal Periodic Review. http://lib.ohchr.org/HRBodies/UPR/Documents/session9/US/A_HRC_WG.6_9_L.9_USA.pdf

[v] Organizations within the U.S. were also subject to the pledge under Trafficking Victims Protection Reauthorization Act but recent policy changes now allows groups to say that they have no policy on prostitution and will remain neutral during the term of the grant.

[vi] UNAIDS. 2002. Sex Work and HIV/AIDS. UNAIDS Best Practice Collection. http://data.unaids.org/publications/IRC-pub02/jc705-sexwork-tu_en.pdf

[vii] Sexual Health and Rights Program (SHARP), Open Society Institute. 2007 (June). Anti-Prostitution Pledge Materials. http://www.soros.org/initiatives/health/focus/sharp/articles_publications/publications/pledge_20070612

[viii] Human Trafficking, HIV/AIDS, and the Sex Sector: Human Rights for All. (October 2010). Center for Health and Gender Equity (CHANGE) and Center for Human Rights and Humanitarian Law at American University Washington College of Law. (See P. 22). http://www.genderhealth.org/files/uploads/change/publications/Human_Trafficking_HIVAIDS_and_the_Sex_Sector_12_3_2010_FINAL.pdf

[ix] In 2005, Brazil turned down 40 million dollars of USAID funds due to its ethical opposition to the “anti-prostitution” pledge. See: http://www.thenation.com/article/just-say-não

[x] Middleberg, M.L. 2006. “The Anti-Prostitution Policy in the US HIV/AIDS Program.” Health and Human Rights 9, 1: 3-15.

[xi] Roehr, B. 2005. “Charity Challenges US ‘Anti-Prostitution’ Restriction.” BMJ 331(7514): 420.

[xii] Schleifer, R. 2005. “United States: Funding Restrictions Threaten Sex Workers’ Rights.” HIV/AIDS Policy Law Review 10, 2: 26-7.

[xiii] Center for Health and Gender Equity. 2008 (August). “Policy Brief: Implications of U.S. Policy Restrictions for HIV Programs Aimed at Commercial Sex Workers.” http://www.genderhealth.org/loyaltyoath.php

[xiv] Bristol, N. 2006. “US Anti-Prostitution Pledge decreed “Unconstitutional.” Lancet 1, 368 (9529): 17-8. http://www.thelancet.com/journals/lancet/article/PIIS0140-6736(06)68948-4/fulltext

[xv] For an in-depth discussion of the anti-prostitution pledge and its current legal status, see Pp. 18-26 of Human Trafficking, HIV/AIDS, and the Sex Sector: Human Rights for All. (October 2010). Center for Health and Gender Equity (CHANGE) and Center for Human Rights and Humanitarian Law at American University Washington College of Law. http://www.genderhealth.org/files/uploads/change/publications/Human_Trafficking_HIVAIDS_and_the_Sex_Sector_12_3_2010_FINAL.pdf

[xvi] More information available at: http://www.examiner.com/sex-trafficking-in-national/fbi-arrests-885-suspects-nationwide-child-sex-trafficking-sting-operation

[xvii] See: Sex Workers Project. 2009. Use of Raids to Fight Trafficking in Persons.” Sex Workers Project. http://www.urbanjustice.org/pdf/publications/Kicking_Down_The_Door_Exec_Sum.pdf. Based on interviews with self-identified trafficking victims, this report recommends a rights-based (rather than a law-enforcement based) approach to identifying and assisting trafficking victims.

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*Policy Brief Authors and collaborators:

  • Kari Lerum, Ph.D., Associate Professor, Interdisciplinary Arts & Sciences, University of Washington, Bothell
  • Penelope Saunders, Ph.D., Director, Best Practices Policy Project
  • Dara Barlin, Board of Directors, Sex Worker Outreach Project USA
  • Stephanie Wahab, PhD., Associate Professor, Department of Social Work, Portland State University
  • Jayne Swift, M.A. Cultural Studies & Doctoral Candidate

In consultation with representatives from the following organizations:

  • Best Practices Policy Project
  • Bay Area Sex Worker Advocacy Network
  • Desiree Alliance
  • Different Avenues
  • Helping Individual Prostitutes Survive (HIPS)
  • Sex Worker Outreach Project (SWOP)
  • Sex Workers Project at the Urban Justice Center
  • St. James Infirmary
  • Woodhull Freedom Foundation