www.fondationscelles.org
Fondation SCELLES
Under the Direction of Yves
Charpenel
Deputy
General Prosecutor of the Supreme Court of France
President
of the Fondation Scelles
3rd Global Report
Sexual Exploitation
A growing menace
49, rue Hricart,
75015 Paris, France
Excerpt from the Dictionary
of the French Academy
PROSTITUTION n. 13th century,
meaning of "debauchery"; 18th century, the current
meaning. From the Latin prostitutio, "prostitution,
desecration."
The act of having sexual
relations in exchange for payment; activity consisting in practicing regularly
such relations. The law does not prohibit prostitution, only soliciting and
procuring.
Entering into prostitution. A
prostitution network. Clandestine, occasional prostitution.
ANCIENT MEANING. Sacred
prostitution, practiced by the female servants of the goddesses of love or
fertility in certain temples and for the profit of these goddesses, in some
countries of the Middle East and of the Mediterranean. The Aphrodite temple,
in Corinth, was a place where sacred prostitution was practiced. Fig. Degradation, defilement to which one consents
by desire of goods, honors, etc. He refuses to prostitute his talent. The
prostitution of the awareness.
The proceeds from the sale of this book will be given directly
to the Fondation Scelles
Translated from the
original French Edition
Exploitation
sexuelle – Une menace qui sՎtend Ed. Economica 2014
Translation copyright Ed. ECONOMICA, 2014
All
reproduction, translation, execution and adaptation rights are reserved for all
countries
This publication is the result of work by a group of researchers from the
Centre de Recherches Internationales et
de Documentation sur lExploitation Sexuelle (CRIDES, Centre for International Research and
Documentation on Sexual Exploitation) of Fondation Scelles and external
collaborators.
We warmly thank
them for all of their work.
Researchers
and volunteers of Fondation Scelles and of CRIDES
Aurlie Bezault, Frdric
Boisard, Ccile Brotero Duprat, Dominique Charpenel, Yves Charpenel, Floriane
Choplain, Fiona Connors, Maureen Curtius, Mary Delaroche Taieb, Barbara Giroud,
Catherine Goldmann, AnnPl Kassis, Marie Larotte, Thrse Lothe, Dania Mardini,
Sonia Line Mbopda Ngoupeyou, Clara Mjan, Fanny Mjan, Sophie Menegon, Claudia
Nannini, Roxane Noverraz, Anne Pascal, Cathie Paumier, Cline Pigot, Morgane
Revel, Galle Saot, Anna Skipper, Clmentine Souli, Hlne Soulodre, Caroline
Torres, Marie-Claire Verniengeal, Franois Vignaud.
External
collaborators:
Lieutenant-colonel
Eric Panloup, national coordinator of Lutte
contre la traite des tres humains (The fight against human trafficking) of the
Inter-Ministerial Mission for the Protection of Women against Violence and the
Fight against Human Trafficking (MIPROF)
Myriam
Qumener, Magistrate, Deputy State Counsel responsible for the Criminal Division
at the French court of first instance in civil and criminal matters of Crteil
Emily St-Denny, Doctorate in Political Science, School of
Arts and Humanities, at Nottingham Trent University
Marta
Torrs Herrero Scelles, Lawyer
We also extend
our gratitude to the Editing Committee
composed of some members of the Board of Directors of the Fondation Scelles for
their participation and pertinent remarks.
Our translation team:
Willy Andrews, AnnPl
Kassis, Greta Olivares, Thomas Peny-Coblentz, Marie Pichon, Galle Saot, Rachel
Thimke, Deborah Thomas, Marie-Claire Verniengeal, Raymond Wright, Maxine Zeger.
Coordinator of
the book:
Sandra Ayad, Head
of the CRIDES
Summary
Cybertrafficking and cyberprocuring
Taking responsibility for child prostitution in France
Congo
(Democratic Republic of the)
It is an honor for me to introduce this new report of the Fondation
Scelles, because it addresses a subject close to my heart, and the social and
ethical issues it implies are considerable.
To understand the necessity of the efforts of the Fondation Scelles, we
must share this paradox: most often, the importance of the phenomenon of sexual
exploitation is equal to the ignorance of its causes and its effects. This
global scourge, whose criminal networks transcend borders and encompasses new
victims every day, remains highly misunderstood.
Indeed there is still a lack of accurate data on the reality of sexual
exploitation - and more generally on human trafficking - and our citizens are
insufficiently aware. Our efforts must be underpinned by a detailed knowledge
and analysis of the facts, and it can only be fully effective with the
awareness of all. This book has the great merit of putting information at the
service of action.
I am especially proud to introduce this report based on the two
imperatives - act and inform - which have guided me throughout my professional
life. In my fight for access to victims' rights, I have always been concerned
with articulating knowledge and effectiveness, establishing concrete mechanisms
and citizen awareness. My commitment is based on this conviction: the
exploitation of other human beings should not be reduced to individual
tragedies, but instead is everyone's business.
Act and inform are also the twin goals assigned by the Inter-ministerial
Mission on the Protection of Women against Violence (MIPROF) and the fight
against human trafficking, of which I have the honor to be the Secretary. The Minister
responsible for Women's Rights, Najat Vallaud-Belkacem, has demonstrated a
strong political will by mandating the Miprof
to establish a three-year national plan of action against the human trafficking
before the end of 2013.
This plan aims to make the fight against human trafficking public policy
in its own right, focusing on improving knowledge and the need for cooperation
at all levels of the problem. The approach should indeed be as comprehensive as
possible, because these forms of modern slavery are multiple: procurement,
domestic servitude, child trafficking, organ trafficking, forced begging,
forced to commit crimes, etc. Faced with such criminal practices, one must both
strengthen existing legislation and facilitate access to justice for victims.
For it is not enough to have rights without the knowledge or ability to
exercise them.
Every citizen can also be a witness to these human tragedies in their
daily activities without knowing how to react. In the logic of prevention and
accountability, our first action will be launching a national campaign of
information and public awareness.
Such objectives are in perfect harmony with those that are presented in
this book. This edition of the Fondation Scelles proves to be, like the
previous, precious in more ways than one. It begins with a detailed picture of
sixty-six countries, thus highlighting the international dimension of the
phenomenon. To this necessary description is added a critical perspective in
the form of a series of articles that put into perspective the major issues
that have marked the year 2012.
These analyses - each written by a specialist in the matter - tell us
about the tragic reality of the phenomenon of sexual exploitation, and also the
many misrepresentations, of which there are many! Facing some stereotypes of the
practices of procuring - which sometimes border on naivety - this report recalls
some indisputable facts. Prostitution is not a matter of "consent,"
but exploitation. And it does not strike at random, as its victims are
primarily those affected by poverty and insecurity. This observation also
applies to other phenomena such as the trafficking of minors, for which the
issues of early identification and support are, as the report shows,
particularly crucial.
Fighting against human trafficking is to fight those who prey on social
fragility as their business. This is a real battle against organized crime, but
it also goes to the voluntary statement of principles and values. Denouncing
and punishing these criminal acts is to show both firmness and humanity:
humanity to the victims that must be protected; firmness to all those who enjoy
and participate in this operation, that is to say both the exploiters and the
customers.
Taking part in this struggle, one must remember that the body is not a
commodity and that human dignity is not an empty word. It is advancing our
civilization by not accepting any form of complacency in the face of what is a
denial of our most basic rights. It is thus to be welcomed as it is in France,
a country of humanism and human rights from which this report global emerged.
"Know, understand, fight," is the motto of the Fondation
Scelles, and I cannot help but agree. Because ignorance is no longer an excuse
and because political victims cannot do without real support from the public,
it is necessary that human trafficking in all its forms is recognized as a
problem of general interest.
Lately, many news events have, in various ways, been giving visibility
and importance to these forms of exploitation hitherto ignored or trivialized.
We must now go further to widespread awareness, giving our citizens more keys
to understanding these issues.
The debate is launched, it should now be lit. This book, I am sure, will
help contribute.
Elisabeth Moiron-Braud
General Secretary of the Mission
interministrielle pour la protection des femmes contre les violences –
(MIPROF - Inter-ministerial mission for the protection of women against
violence and for the fight against human trafficking)
The Fondation Scelles, for
the third consecutive year, presents the Global Report on the evolution of sexual
exploitation throughout the year. This report is an informational tool that
aims to be as objective as possible.
We find human trafficking
for sexual exploitation and, more generally, prostitution is growing rapidly.
The number of victims, most often the most vulnerable members of our societies,
is increasing, and they suffer the consequences. Trafficking and prostitution
will not stop increasing, if we do not oppose it.
Indeed, the causes of
poverty in the world are numerous: wars, population growth in certain
countries, corruption, bad government directors, natural catastrophes etc. Criminal
networks profit from the vulnerability of certain people to trick them and
force them into prostitution. They seek to gain more and risk less.
Prostitution is a global problem that accumulates the most money, after the
sale of weapons and the drugs.
Some countries, who wanted
to institutionalize and control prostitution, find their failure. Others have
signed agreements to counter human trafficking. But, although these laws exist,
there is a lack of political will to implement them. In contrast, countries
such as Sweden, have established laws and a program of action that proved
successful.
We note, for some time,
the emergence of associations of "survivors," consisting of people
who left prostitution. They dared not speak, because of threats on them. Now
they tell us the unspeakable violence that they endured during their years of
prostitution and they keep indelible marks.
We want to especially thank all those who contributed to this
book, which is the result of a collaborative effort: the staff of the Fondation
Scelles, many scholars motivated by the subject, as well as members of NGOs and
grassroots organizations, which in all countries have provided information.
Philippe Scelles Yves
Scelles
Honorary President Vice
President
Presenting each year the state of the world plagued by the threat of
sexual exploitation is a project born here three years ago. We provide a simple
but disturbing analysis of the constant development of particularly violent yet
strangely underestimated forms of enslavement.
How can we not be struck by the growing global crime reality, inspired by
profit and ruthlessly exploiting all forms of vulnerability?
How can we not see the usual representatives of the world of
prostitution, who are trying to trivialize or deny the unbearable features of
this complex universe, multiple and evolving?
This striking contrast is reflected more than ever in this third Global
Report.
Like its predecessors, this report aims both to present the evolution of
the phenomenon in selected countries, where the sources and documentation allow
the most objective analysis possible, and to illustrate the dominant themes of
a real threat.
Certainly the sentiment, which can be derived from the sequence of facts,
figures and trends of sexual exploitation today, is not likely to maintain the
illusion of a peaceful and harmonious world.
You will however find reasons for hope and possible motivations for
mobilization. The goal of the third Global Report is indeed to help open your
eyes to a disturbing reality, to take a step back, and to reflect on the causes
and effects, and to identify the conditions for improvement.
In this respect, the past year has been one of debates and perspectives,
particularly in France where, finally, a public debate ensued on the four
pillars of a policy that aims to reduce sexual exploitation:
- prevention first, with the
start of the construction of a national action plan to fight against
stereotypes and clichs that no longer, if they ever, have anything to do with
the reality of prostitution as it really is, here and now;
- then the rehabilitation with
the hope that these "invisible victims," who are the vast majority of
prostitutes, become full citizens;
- the suppression of course,
better proportioned criminal response to the severity of the crime;
- finally deterrence, with the
ability to empower the client, who by creating demand, creates a range of
increasingly diverse violations of basic human rights.
Thus, our report, the result of the relentless efforts of the Fondation
Scelles for 20 years, hopefully responds to these two cardinal requirements:
the provision for the greatest number of indisputable data of a phenomenon
whose advances are often hidden, and the refusal to see this violence and
exploitation operating with impunity.
The weapons we have are, more than ever, the ability to stay indignant
when others are resigned, the desire to expand our partnerships and modes of
expression, the conviction to abolish the prostitution system (a fight which is
not a utopia but a coherent project) and, of course, rigorous analysis.
This year, an increasing number of countries have been addressed with the
help of nearly 40 contributors, researchers, volunteers of the Fondation
Scelles, and outside collaborators. We thank them, because they made this book
a truly collective work, which like its predecessors, is called to serve as a
reference both here and elsewhere.
Yves Charpenel
President of the Fondation Scelles
Deputy General Prosecutor of the Supreme Court of France
What's new in 2012?
A phenomenon that continues to develop
First situations do not change, but they get worse. The
number of prostitutes increases and sexual exploitation is more vast than ever,
as the global market welcomes all nationalities. For example: in South Africa,
prostitutes come from China, Taiwan, Thailand, Cambodia, India, Russia,
Ukraine, Moldova, Bulgaria, Democratic Republic of Congo, Rwanda, Mozambique,
Lesotho, Swaziland, Zimbabwe etc.
Prostitution despair
As a result of the crisis in the global economy, students,
housewives, and unemployed women have increasingly resorted to prostitution,
occasionally or permanently, to supplement their monthly income and to try to
escape a precarious situation. Today in Greece, for example, there is a
considerable development in clandestine prostitution.
Youth at risk
An
increasing number of young children, sometimes very young, are exposed to the
risk of prostitution. The situations are all different: children offered to sex
tourists (Thailand, Brazil...), child victims of trafficking for the purpose of
the removal of organs but also prostitution, street children, children sold by
their impoverished families...
It is not necessary, however, to go to Thailand or
Madagascar to "consume" minors or young adults. In our western cities,
boys and girls barter sex to consumers or are prostituted by procurers as their
young "new look" called loverboys, who are seduced in order for procurers
to be able to better exploit them. And the client can act with impunity or close
to it, such as in 2012, the Swiss still allowed prostitution of young people of
16 years.
Persistent discrimination
The death of a young student, victim of a particularly
savage gang rape in India, the aggression of a Pakistani teenager who defended
the right to education for girls, the rise of fundamentalist governments in the
Maghreb in the aftermath of the Arab Spring, have all deeply affected the news
in 2012. These events remind all that discrimination against women and sexual
exploitation persist in parts of the world.
To a widespread awareness
Year after year, these realities upset more of our
societies. Topics related to the sexual exploited were never discussed as much
as they were in 2012; the release of a film, the appearance of a folder in a
magazine, a news item or a sex scandal constituted in various ways an
opportunity for discussion. The case of Carlton in Lille in France, the
Berlusconi trial in Italy, the acquittal of 13 people accused of procuring in
Argentina, the serial murders of prostitutes in Rwanda, among other examples,
have sparked debates in the media and led to personal reflections on the
realities of sexual exploitation.
Beyond the public alarm, states are
beginning to address the problem. Governments conduct studies, legislators
create special commission, and the media provokes debates, but this is a
generalized statement. Today, a growing number of countries, who consider
issues related to sexual exploitation, are aware of their severity and seek to
provide adequate responses.
The debate around sexual exploitation: which approaches,
what questions?
However, the debate is complex and there are many
questions: what is prostitution? How does one define it? How does one reduce
demand, abuse, violence, and exploitation? How does one face the stranglehold
of crime? How does one improve the right to equal access to health care for all
prostitutes? What legal regime should be adopted to combat it? Several lines of
thought stand.
The media in question
The
role played by the media (press, television, social networks etc.) is
periodically challenged on two fronts. First, they are accused of promoting all
forms of exploitation by the publication of advertisements of "sexual
services." In some countries, these facts are openly denounced and actions
are taken to counter them. Israel and Argentina, among others, have enacted
laws banning such advertisements. Spain has also opened the debate. But these
publications represent a financial goldmine, which is difficult to control. In
2010, the United States succeeded in closing the adult ads section of a
classified ad website called Craigslist, because many of them involved minors.
But Backpage has taken over and represented, in February 2012, 80% of the
earnings of prostitution through the internet, including some involving minors.
Second, one accuses the media of trying to convey an
attractive image of prostitution, made of glamor and fun. Denunciations of NGOs
and feminist networks have difficulty reaching the general public. However, the
image of women, and especially children in the media, and the sexualization of
the body, have become topics of debate. In 2012, the report of the French
Senator Chantal Jouanno clearly opened the discussion on this topic.
The regulationist failure
The
Netherlands, Germany (which "celebrated " in 2012 the 10th
anniversary of the legalization of prostitution), Australia, and New Zealand, countries
that have chosen to regulate prostitution, are now a failure. The exploitation
of women in an allegedly controlled prostitution environment, has been
undermined by illegal and hidden prostitution invading the legal field.
Prostitutes have virtually no access to social opportunities. The only real
beneficiaries of the law are "directors" of institutions and procurers.
In these countries, a growing number of elected officials
do not hesitate to denounce an exploitative world of violence and crime. At the
local level, bordering areas to prostitution zones are pushing for a revision
of the system. Some countries (the Netherlands and New Zealand) have been
considering for several years changing their laws. There are rumors that the
Netherlands and Germany are considering changing the minimum age of entry into
prostitution to 21 (while civil majority is 18 in these countries), to better
fight against child and young adult prostitution.
The client of the prostitution on the spot
Conversely,
the reflection on the client of prostitution continued and deepened in 2012.
The idea that the customer is at the origin of prostitution is increasingly
recognized. Although the debate arises differently in different countries,
client empowerment has emerged as the only path possible to improvement.
Governments are discussing options, studying the Swedish model, conducting
awareness campaigns, contemplating the possibility of penalizing the purchase
of sexual services etc.
But evolution does not just happen. Sometimes change
emerges first at the municipal level: in 2012, Chomutov, Czech Republic, and
Limerick, Ireland, have anticipated a national policy and adopted bylaws on the
client. Then discussions are established at national level. In 2012, Albania
adopted a law criminalizing clients and Israel had a preliminary vote on a bill
in this regard. Ireland and Scotland, ahead of the rest of the UK, discuss
penalization options very seriously. Denmark also considered this possibility,
but rejected it in 2012. In France, the Minister of Women's Rights wants to
"abolish prostitution" and launched the debate on the client. Even
countries that have legalized prostitution are studying these options. Thus,
the Netherlands intends to sanction the clients of prostitutes, trafficked or
undeclared. This is only a first step, but highly symbolic.
Brakes and lock towards changes
Government
efforts to deal with these phenomena are evident but this does not mean that it
leads to consistent and effective policies. Although the desire to change the
law is present, projects stagnate year after year, are discussed and re-discussed,
corrected and re-corrected without sufficient results. Where laws exist,
enforcement is difficult: the number of convictions often remains low compared
to reality of traffic and penalties given unrelated to the crime.
What
prevents progress? The answers are varied, as shown in reading this book:
corruption, which, in some countries, strikes judicial and police circles; the
economic crisis has resulted in the reduction of budgets for social policies
and, in particular, the fight against trafficking or support for victims;
differences in legal regimes of other countries that make any changes difficult
and block the action of public policy; the image of prostitution.
It
is a real struggle that is played out today, and a fight that requires a strong
commitment. In France, 55 associations of the collective Abolition 2012 lead
the entire abolitionist struggle. Gathered in the premises of the National
Assembly in November 2011, they presented their recommendations and called on
parliamentarians to engage. A year later, it is in Europe that more than 200
associations gathered at Parliament in Brussels to launch a debate on the
abolition of prostitution: "Together for a Europe Free from Prostitution".
Today, the European Parliament has a parliamentary
committee to consider a policy change, and in France, at the time of writing, a
bill was tabled in the National Assembly and should be discussed before the end
of the year. Could 2013 be the year of change?
For the third consecutive year, the Fondation Scelles publishes its
annual report on the state of sexual exploitation in the world.
The Journey since 2010
Like every year,
this book is enriched with new analyses and reflections, new countries, and new
themes. 24 countries from all continents and 9 themes at the heart of the news
were in the 2010 edition[1].
In 2011, we offered an overview of 54 countries and 10 themes. In this 2012
edition, 11 themes and 66 countries are systematically studied.
One could say that from one year to the next, nothing changes and 2012 is
very similar to 2011. Of course, situations evolve slowly, yet we believe that
the changes and upcoming trends reside in that slow evolution. And it is giving
us a critical decryption and as comprehensive as possible news, every year, in
which we will identify the realities of commercial sexual exploitation today
and consider responses.
The most of 2012
We find here
most of the 54 countries covered in the previous editions. The principle of
this book is indeed to analyze the facts in a limited time frame as to to
better understand the evolution in each country.
14 new
countries are also entering our study. So that, for the first time, we can analyze
in more detail each region of the world: North America, Latin America, the
Maghreb countries, the Middle East, Asia etc. A particular emphasis was placed
on several African countries: Ghana, Kenya, Uganda, Rwanda, and Tanzania. We
also added several countries where the problem of sexual exploitation is both pertinent
and misunderstood, such as Nepal and Burma.
The choice of topics follows the same logic. Some are recurring, because
the facts they report never cease to evolve, "2012 Legal Responses"
for example, takes stock of the judicial developments over the past year, while
Cybertrafficking and Cyberprocuring" provides an update of the
"advance" of crime on the internet. Others were selected in response
to strong current trends. Thus, "Sex and power" is marked by the
joint work of Dominique Strauss-Kahn and Silvio Berlusconi. Others, give valuable
consideration to the current debate on the system of prostitution. For example,
"Recurring arguments challenges many stereotypes attached to
prostitution.
Collection of facts
The items we
produce are from a range of sources of various kinds, all confined to the year
2012: government reports, studies and findings from NGOs, reports of
international organizations, academic research, information from our foreign
correspondents, articles, polls, videos, stories etc.
Critical
analysis of this data allows not only for the awareness of developments in each
country during the past year, but also a grasp of the debates and controversies
that have hit the headlines.
All sources
used are available in the resource center of the Fondation Scelles, CRIDES
(International Center for Research and Documentation on Sexual Exploitation).
Since 1994, CRIDES monitors the daily press of a large part of the world and
brings together new publications on topics related to sexual exploitation.
The team of researchers and editors
This study was
carried out by:
- A team of
international researchers (Norway, Spain, UK, Italy, USA etc.)
- Personalities
from various studies (anthropology, sociology, political science, international
relations, human rights, international law, fashion etc.)
- Field
professionals (lawyers, judges, social workers, police officers, psychoanalysts
etc.)
- A network of
foreign correspondents who have nurtured and refined our analysis.
With this new
edition our approach and our angle of attack expands, as we hope to deliver a broader
vision than in previous years.
We are well
aware that the analysis of 66 countries (out of 200 of the world) and a dozen themes
can offer only fragmentary vision; but the goal is not so much to develop a
comprehensive inventory, as to put the facts in a social, cultural and
geopolitical context to better understand the phenomenon of sexual
exploitation.
Some remarks
Data at the beginning of each text comes from the following sources:
The Population figures for 2012 come from the 2013 Report on Human
Development of the United Nations Development Program (UNDP): http://hdrstats.undp.org/fr/indicateurs/306.html
The figures for Gross Domestic
Product (GDP) per capita in 2012 (in dollars) come from of the World Bank: http://donnees.banquemondiale.org/indicateur/NY.GDP.MKTP.CD
The figures on the Human
Development Index (HDI) in 2012 come from the 2013 Report on Human
Development (pages 156-159) of the United Nations Development Program (UNDP): http://www.undp.org/content/undp/fr/home/librarypage/hdr/human-development-report-2013/
Political regimes in different countries of
the world from the Ministry of Foreign Affairs: http://www.diplomatie.gouv.fr/fr/pays-zones-geo/
The figures for Gender Inequality
Index (GII) in 2012 come from the 2013 Report on Human Development (pages
168-171) of the United Nations Development Program (UNDP) http://www.undp.org/content/undp/fr/home/librarypage/hdr/human-development-report-2013/
These analyses have the sole mission to put the national studies in an
encrypted environment, to get an idea of the proportion of the population affected
by the subject before us: the commercial sexual exploitation.
|
New The 3rd Global Report is a free android application Get real-time
data on key countries
studied in the Global Report (statistics, legislation), press releases, news
on our sites and tools to help
victims (procedures, contacts of organizations). |
|
For further information : www.fondationscelles.org
In the press,
in parliament or in everyday life, opposing philosophical concepts are regularly
used to defend and justify the system of prostitution. Who has never heard
about the distinction between the good and the bad prostitute, the one who
chose to work in the domain and the one who was forced into it, the one who
came from abroad as a victim of human trafficking and the one who was born in
the country and works according to her own will?
The majority
of these ideas appear evident, as long as people have not studied prostitution.
Put forward as absolute truths immune from criticism, they reinforce an image
of prostitution supported by those who benefit from the activity. An analysis
of these concepts allows us to recognize if their counterarguments are
pertinent or not; beyond that, it allows us to see whether or not these arguments
or their counterarguments are true.
The status of the human being
Supporting the
idea that sexuality, and by extension the human body, are neither rentable nor
sellable is a moral position frequently condemned as abolitionist. But what
makes moral reproachable? Human beings are undoubtedly gifted with reason,
but also with emotions. Man is a social animal, but also a moral animal. All
cultural constructions that human beings have put in place to build their
universes are the fruits of this natural combination. It is therefore a moral
position to want to keep the intimacy of the human body out of the market
place. But it is also a moral position, strongly influenced by free market
economics, to postulate that all goods should be sellable, including the human
body.
The desire to
make prostitution an official profession is part of this moral argument. By
making the sale of sex legal, this system allows consumers to peacefully
acquire immediate sexual satisfaction detached from obligation. Clients reduce
prostitutes to the state of objects that they can use like any other good.
Their reasoning is simple: if someone works as a prostitute, they want to do
so. All other explanations – social determinism, vulnerability, economic
contingencies, premature sexual exposure, and personal elements leading to
prostitution – are not brought up.
In order to get the most out of the clients moral indifference, those
who are pro-prostitution, in so far as they believe everything is purchasable,
should not condemn organized crime networks nor child prostitution. Under their
logic, these activities represent nothing more than another sale supported by
the free market. In this line of reason, the idea of consent is not pertinent:
would we ask a chair whether or not it accepts to be sold, so that it can be
sat on?
If these
individuals do not follow this line of reasoning to the end, by introducing the
concept of free choice in their argument, it is precisely because they are
well aware that the human body cannot be treated as a vulgar object. As their own justification shows, not
everything is for sale, even though this idea might offend those who disagree.
As Aim Csaire
notes, it is much more difficult to be free than to be a slave. To accept
slavery voluntarily allows us to access a substitute for liberty in so far as
we can be satisfied by a limited identity without needing to dig further.
Freedom and Determinism
The claim that
human trafficking must be condemned is one that generates consensus, at least
in appearance. Prostitution that results from trafficking is logically
presented as forced. Against this type of prostitution, we find that which is
claimed to be free, chosen by the individual him/herself.
The freedom in
question is not economic or political in nature. It is the freedom of the
individual actor, as the master of his or her life, who possesses free
will.This freedom, however, is challenged by the principal of causality, by
virtue of which every event is determined by a multiplicity of prior events. No
one enjoys hearing that, in essence, they are not free. The statement is taken
as an infringement on what it means to be a human being. Yet studying the human
psyche reveals the production of numerous sensations and emotions that remain
incomprehensible to human beings in their daily lives[2].
Social sciences explain that choices, tastes, and lifestyle choices of
individuals are largely determined by an array of given characteristics[3].
This argument around freedom of choice, as a result, appears entirely impertinent,
in so far as it is affirmed without prior research into heavily complex
details.
In the case of
prostitution, for numerous people, a prostitutes consent legitimizes and
authorizes the action of the client. In this way, someone who is opposed to
punishing the client sums up his/her belief with one simple sentence: There
surely exists another type of prostitution []: a prostitution that can be
qualified as free since it claims itself as such. (Libration,
September 6th, 2012).
From that point
forward, we can ask ourselves, following the example of SylvianeAgacinski,
What does consent mean when it is formed through a mixture of need,
unemployment, heavy demand of clientele, the corrosive power of money, and the
lack of self-esteem? (Le Nouvel Observateur,
September 6th, 2012).
Just as
confessions obtained under duress are inadmissible in court, it should be clear
that consent to sell ones body, under an immense economic, psychological and
physical vulnerability, should be unacceptable.
The inaccuracy of analyzing prostitution in comparison to
factory work
From the above
distinction, those who are pro-prostitution continue to put forward the same
critique: why aim to prohibit prostitution when its an activity that,
according to them, gives more freedom than factory work?
When these
arguments are read, another question immediately demands attention: if working
conditions are truly more favorable in prostitution than in factory work, why
do people continue to choose the factory over street sex?
Besides the
fact that this critique is put forward without any form of argumentative
support, it is a critique that can be quickly toppled by serious analysis. The
amalgam between factory work and prostitution distorts the reality of what
selling the human body for sex truly is. At first glance, factory work appears
alienating, whereas prostitution appears to be an activity founded on sexual
freedom (which it is not). But factory work only demands the individuals
physical capacity to produce an object. Prostitution uses the physical intimacy
of an individual, and exploits sexuality, which belongs in the private sphere.
If human culture places sexuality beside intimacy, it is not by chance.
Reducing the act of sex to the movement of flesh is to deny what is at play in
interpersonal relations, human exchange, emotional, spiritual and body
language. It is the same as denying the humanity of the individual.
Objectifying humans and sexual relations can result in serious and irreversible
psychological damages. For this reason, a large number of prostitutes show
physical and psychiatric symptoms equivalent to those suffered from soldiers of
war. These symptoms include Post-Traumatic Stress Disorder, notably due to the
numerous unwanted sexual relations and the violence involved.
Liberalism and consumption
One of the
arguments most frequently used in favor of making prostitution an official
profession is that it allows the full individual liberty to all to decide how
to use his or her body. The defenders of prostitution recycle the language and
arguments used by feminists in previous decades to support their proposition.
According to their arguments, deciding how to use ones body implies the power
to exploit it, to sell it, to use it in any way desired.
Using language
and arguments used for womens rights allows these activists to give their
cause veiled legitimacy, giving their audience the impression that they are
fighting for just reasons.
This statement
goes forward without difficulty, no matter who the interlocutor may be. Yet
these two movements which appear to share a common element are, in reality,
fully contradictory. Women fought so that they could no longer be reduced to a
piece of flesh, valued only for sex and reproduction. Those who are
pro-prostitution claim that they are continuing the same fight, advocating for
total freedom for a woman to fully decide what she does with her body. But this
decision, instead of giving a woman total control, subdues her into a
totalitarian relationship that, more often than not, leads to her bodys
destruction. In reality, the pro-prostitution is the antithesis of feminism,
and fully reduces women back to the role of sexual object, under the pretext
that, as a voluntary act, prostitution will give them freedom. The limits of
this line of reason, and its blatant absurdity, deserve no further discussion.
We know whats good for you better than you do
To discuss,
critique, and change a situation, is it necessary to have lived it first? Many
of those who are pro-prostitution argue that it is inacceptable for individuals
who have neither sold nor bought sex to discuss or critique the activity.
As Marcel
Crahay rightly notes in the context of the Allegory of the Cave[4],
Empiricism has the force of evidence or, more precisely, the force of
appearances.
In the same
way that previous generations believed the world to be flat, because their own
perception was incapable of imagining a spherical world under their feet, we
quickly believe that we can speak of something only through direct experience.
By seeing, hearing, or living an event, we believe that we have an intimate
knowledge, an inescapable truth, about whatever subject is at hand.
But this
position, while pertinent in many cases, lacks the objectivity necessary to
analyze serious questions such as prostitution and sexual exploitation. All
knowledge acquired by direct contact renders the experience relative, according
to its context, frequency, and the nature of the experience itself.
If those are
prostitutes believe, in the same manner, that it is inappropriate or impossible
to fully discuss prostitution without having experienced it directly, this
feeling may be derived from the physical, psychological trauma they harbor, and
which they consider incomprehensible for anyone who has not lived it.
I dont know how to be human – this is
not a philosophical statement, its not to gain sympathy of pity – I say
this because the sex industry has made me subhuman, a simple product to be
consumed. I can imitate human beings, and find ways to integrate myself into
their lives, but below my surface there is only emptiness, declared
Rebecca Mott, a former prostitute.
The position of someone who helps
It is from
statements such as these that those who can only listen develop empathy for their
fellow human being, feel a shared pain from the experience, and decide to help
in his or her liberation. In no way is this process defined by an uncontrolled
fall into compassion, nor does it stem from considering the other as a simple
victim who needs to be saved. Instead, the process of empathy begins with the
capacity to see the other as a person, to share experiences with him or her,
and to do whatever possible to support his or her personal decisions.
Contrary to
what has been said, such a development is not the result of paternalistic
thinking, but humanist determination. In the masses, those who worry about
prostitutes are rare. When they do, it is not by chance. These are the
emotionally empathic individuals who aim to better life conditions for a
certain section of the population. What better describes this work than
humanism?
If, however,
the recommendation of certain prostitutes to let them work without wanting to
save them were respected, each organization that works day and night, that
works to present the problems of sex slavery on the human, medical, and public
levels, would have to disappear. Even though the goal of these organizations is
to help those who have suffered from prostitution, it is important to not
criticize or slander those who refuse their help, regardless of their political
positions on the subject.
Considering
that feminism is, above all, a humanism, if those aligned with the movement
ignore the problem of prostitution completely, they have failed to uphold their
own ideologies. At its origin, feminism is not a movement that advocates for a
world dominated by women. It fights for the construction of a more just and
equal society, in which the right of each individual to participate is not
refused based on gender identity, social origins, or sexual orientation.
Not handling
the issue of prostitution – an issue that encompasses an entire category
of individuals living in largely difficult conditions – would be full
renunciation of the feminist project and a failure to fight for humanist
ideals.
In conclusion: raise a hue against education!
The arguments
above are among the most common that are given in support of prostitution. They
are understandable and acceptable for all, regardless of his or her education
level. They make sense in the world that we have learned to perceive and are
imbued with free market values and the values of an individualistic consumer
society that exists in excess.
Each and every
one of us considers him or herself to be free. Sociological discourses, aiming
to deconstruct this notion, remain a minority and are badly perceived.
It is in this
context that prostitution is immediately thought of as a subject about which
anyone can express an opinion. If we believe the argument that each of us is
free to choose the life we desire, then prostitutes are to blame for their
position in this world. If these women or men sell their body for money, it has to be the result of their free
choice. This short-cut argument allows people to deny any responsibility in the
situation, and place all blame on the shoulders of those who are unable to
meaningfully change their livelihood. There is no need whatsoever to feel
compassion for those people, accused of enjoying life in debauchery.
Even worse, it
is frequently said that prostitution is the life route taken by the lazy.
Renting out the body for a price is claimed to be easy, allowing them to never
have to truly work, and gives them a source of quick, easy income. Given the
evidence, those who maintain this position have never taken the time to study
the question, as explored by John J. Potterat. Focusing on the living
conditions of sex workers, this study was conducted over 32 years alongside
1,969 prostitutes. Among many conclusions, it was found that prostitutes have a
risk of murder that is 18 times higher than the average population, with an
average life expectancy of 34 years old.
It is, above
all, information and education that will make it possible to hear different
arguments and lines of reasoning centered on prostitution. Education will allow
the public to see the brutal reality of prostitution that is opposite of the
glamorous fantasy that often comes to mind. Instead of succumbing to the
temptations of pro-prostitution movements and easy ideas, which speak only to
keep their voice in public discourse, a critical and analytical perspective
must be kept in tact. In this way, it is our obligation to fully challenge and
critique our own assumptions about prostitution.
Sources
- Agacinski
S., Prostitution : oui, nous devons sanctionner les consommateurs! , Le Nouvel Observateur, September 6th,
2012.
- Bourdieu P., La Distinction. Critique sociale du jugement,
Les Editions de Minuit, 1979.
- Bousquet D.
(President), Geoffroy G. (Rapporteur), Rapport
dinformation par la Commission des lois constitutionnelles, de la lgislation
et de ladministration gnrale de la Rpublique, en conclusion des travaux
dune mission dinformation sur la prostitution en France, French National
Assembly, n.3334, April 13th, 2011.
-
Chaleil M., Prostitution, Le dsir
mystifi, LAventurine Ed., Paris, 2002.
- Crahay M.,
Chapitre 1 - Les prsupposs psychologiques des prcurseurs , in :
Psychologie de lՎducation, PUF Ed.,
Paris, 1999.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Moglia M.,
Prostitution : pnalisation des clients... et puis quoi encore? , Libration, July 16th, 2012.
- Mott R.,
Prostitution – Jai le cur qui dsespre , Sisyphe, September 12th,
2012.
- Potterat J. J., Brewer
D.D., Muth S.Q., Rothenberg R.B., Woodhouse D.E., Muth J.B., Stites H.K., Brody
S., Mortality in a Long-term
Open Cohort of Prostitute Women , American
Journal of Epidemiology, Volume 159, Issue 8, 2003.
A selection of evidences by prostitution victims noted
down by non-profit volunteers.
Seemingly
insignificant words are commonly employed to express what is unbearable. Very
few prostitutes in touch with non-profit organizations, would plainly admit: I am/ I was a prostitute. They hide
behind expressions as to keep aside the reality of their lives. Most often
theyll say Im working in the streets,
I left the streets, I fear having to go back to the streets. Considering
that words can cure, words can also be harmful and not only the words of others.
Intolerable situations need embellishment in order to be accepted. This way,
stories are built up to hide one's truth: love stories, abduction stories, sex
and power stories.
Just a rough time!
He
was twenty then, from a middle-class family, graduated high school and got a
job, but went through a number of family problems and break ups. Friends
offered him stuff stronger than shit, just
try it and youll feel high. It was good, he felt much better. Then he
lost his job and it all became unbearable: he had to increase his dose, and was
faced with the question of "how to
pay for the stuff? Nothing to worry
about, a guy said to him: "just
go and suck the bourgeois in one of the side-alleys by Avenue Foch. This is just a rough time, he told
himself, but it went from bad to worse. Although somewhat physically weak, he
was mentally strong and he managed to get over it all, as family members and
friends stayed by him. Thanks to their love and care, he successfully handled,
the difficult way out of addiction, easy money and detoxification altogether.
He started a new life but deep down he still carries the aftermath of what he
went through.
I can stop when I want to
She
is 16, living in Paris and attending high school. She could well be living in
any other main town. She is far smarter
than the others: shell stop once
shes paid for her designer bag, luxury shoes and that dress shes been dreaming
about. Everything is under control: shell stop when she decides to.
That's also what everyone says when they start to smoke, drink or use drugs.
Those who became addicted thought the same way, and it all soon became stronger
than their will.
Just to help pay my studies
She
couldnt do it any longer: with precarious part-time jobs, classes, revisions,
studying at home, and her parents living too far away to be able to help her.
So, she accepted when, one day, a rather pleasant man, a little more insistent
than the others, offered her money for a night with him. And, well it was fun!: feeling just like a film
star. And, you know it wasnt serious,
just for one time to painlessly finish the month. She carried on: that seemed easier than to run endlessly
after one precarious job after the other. Shell put a stop to it all when
she finishes her exam, for sure!.
Well now, what will she choose to do with her diploma? Will she keep struggling
to find a long- term, stable, well-paid job?
Its fun! Lets enjoy it
She
is 14. The other girls are calling her a whore? They just envy her because in her school she is the star. Shes
the strongest, the best and the sexiest. The proof ? Her boyfriend is making a
lot of a dough because as all of his guys want to sleep with her. Its fun,
isnt it?" Why hasnt she told her family? Theyre just losers and wouldnt understand.
Hes in love with me
She
is living in Rio, coming from a favela,
yet shes quite happy to have a regular job. Thanks to her man, she has a
steady income: hes selecting clients for her. Shes working hard but luckily
her clients arent too violent with her: her man keeps an eye on them and is
protecting her. Of course, he throws tantrums sometimes, he hits her, but one
has to understand that hes jalous.
He told her he loves her and it just upsets him to see all of these guys
amusing themselves with her. Hed rather she did something else but theres no job! And one has to live
after all.And for the time being thats all she could find, but when they
have put enough money aside, things will surely improve.
I got em
He
lives in Sao Paulo and he is 13. He left his family who abused him, and for now
he feels secure among his gang. He walks the streets for money. He is quite
smart: he can squeeze money- a few
reales- out of these European or American tourists, who come to taste
Brazilian exoticism in all of its forms. And if everything goes well, within a
few years he will run his own gang, deal or even drive a girls net work. In Brazil, there is an
estimated half a million child prostitutes.
I'm getting money for my Mum
She'll
never have a chance to get out of it all. She lives in Guatemala City. She is
ten, and her mother is hardly twice her age; but- what with drugs and alcohol-
she is so worn out that she looks
far older. She is sick and since she cannot prostitute herself any longer, she stays
at home, a slum, only furnished with a mattress, which no one would want for
their dog. When other children go to school, she leaves to prostitute herself.
"I'm getting money for my Mum", she told ESPPER[5], an NGO, which helps destitute locals. She feels proud: she is a big
girl now and she's been helping her family for quite a while. She's a nice
little girl and a very gentle one too: all day long she'll obediently give in
to all the demands of enthusiastic men eager for young flesh. With some luck, she wont become a
mother before shes fifteen. And with even more luck shell avoid AIDS. And if
shes very lucky she may reach the age of 50, which might not be worth it
considering the hardships of life. Her only hope? That one of the few NGOs,
tolerated by the procurers networks will take care of her future children. And
indeed, various NGOs, such as Les Trois
Quarts du Monde (TQM), aim at saving young prostituted girls children and
preparing a better future for them.
In order to
try to identify the client's personality - to the extent that it would be
possible to reduce their multiplicity into a single individual standard - the
study of the text written by a customer, whose nickname is "Un mec !" seems to be necessary, as
it combines in itself the essence of clichs relating to prostitution.
The customer
remains the great unknown of the prostitution sphere. The client is
nevertheless one of the pillars of the system that remains nine times out of
ten ignored. As already noted by the Fondation Scelles in 2004, "Must we
not see the expression of a collective unconscious that refuses to carry an
important part of the responsibilities of the consumer at the profit of those
who organize the market?" The customer has been taken into account in the
French criminal law in 2002.
The figure of
this fleeing character has been studied since the 1980s in Sweden, notably by Sven
Axel Mansson. In France, it was not until the 2000s that the customer actually
gained interest, including the works of Claudine Legardinier & Bouamama Sad, Max Chaleil, or also
the report of the French National Assembly No. 3334 on prostitution in France.
The ratio of available women
The customer,
"Un mec ! explains his first
experience with an escort girl, when he was 25 years old, living in London.
Previously, he explained that he was raised by his mother, "an
open-minded, feminist, who considered "whore" as the worst insult to
a woman." He then stated that he was fully aware of the issues of
prostitution, but still ignored what he calls his "principles" to
request an escort girl.
Un mec ! made his choice on the
Internet, noting how this process is very similar to that of buying an everyday
object, "like choosing a new TV on Amazon." He first notes the
easiness of the process and the wide range available. For every woman, there is
a description that he qualified as technical: photos, measurements, comments
from previous guests, age, languages spoken, favorite drinks, sexual practices.
First observation from this description: no descriptive categories shocked him,
yet an obvious bias appeared upon reading: the only category that really
concerned the individual prostitute herself, as an individual, lay in her taste
in beverage. The rest was only the pragmatic description of the characteristics
of the object that the client considered buying.
And more...
Alcohol is synonymous with relaxing, with a festive atmosphere, allowing one to
let go, is commonly used by a number of prostitutes in order to have enough
courage to endure their activity. The champagne, which is ultimately chosen, is
known as an elegant drink of sophistication and of seduction. It also has the
reputation of being the alcohol with the most immediate effect. This choice is
therefore perhaps not so innocent: it allows you to immediately register the
client in a luxurious world of fantasy, and place the individual prostitute in
a state of slight intoxication, in order to facilitate the exercise of this
difficult activity.
He finally chose
a Russian model (not fearing clichs) who prostitutes at night (on average $2,732
USD for the night) in her own apartment or in that of the client. Once the
order was placed, the author translated, within his text, the tension that
resides between the anxiety and the excitement of the client (a challenge to
the education he received from his mother, having a feeling of doing something
forbidden and reprehensible, to being the "bad boy" of rap videos)
and the bad conscience that the act generates. And this is without a doubt the cocktail
that excites him.
Infinite sexual uses of women
The woman who
opened the door was described as the antithesis of the archetypal street
prostitute: he described her as "graceful, charming, far from being
vulgar, and smiling."
"Even though we both knew what I was doing
there, the experience, as short as it was, was deeper than just the sex that
would follow." In fact, it is precisely because they both knew why
they were there that the experience was "deep." Because of his bad
conscience, he feels compelled (once past the sexual act) to be interested in
her, and not to reduce her to a mere sexual objects and, especially, by
extension, to not be seen as a banal and sordid prostitute client.
The value is
much greater than a single appointment especially for the women in front of him,
to whom this is a business. She is full of good will, and obligated to seduce
the client so that she will be noted well on forums, which will guarantee more
clients, and eventually returning clients.
It is for
these reasons that this experience seems to "Un mec !" to be much deeper than a simple meeting between two
individuals, especially as he described it as "close to a one-night stand,
less hope for love and more openness [he has nothing to prove, she is a
prostitute, she is there to satisfy his every desire]."
"Un mec !" named the following
paragraph: "The customer is king". Herein lies the major difference
for him with his love of past experiences. The pleasure of the customer is
first. He described it as a "significant attraction for male
sexuality." It is the same for the first attraction: women always
available as an object/place of performance of male fantasies. It comes down to
the idea that cradles human civilization that women are primarily there to
satisfy the desire of men, and are thought of as to be always available.
Like the
feelings of this client, one can cite two other consumers in a documentary
film by Hubert Dubois: "The
prostitute is always available and then there is the choice!" said the
taxi driver. "This is what I like at
Bois de Boulogne, I can take my pick", agrees his companion. They
admit coming here between six and ten hours per week, driving or not, to
consider the dozens of prostitute(s), transvestites and transsexuals from
around the world, before deciding. "The
pleasure of voyeurism is huge" says the friend, who adds: "Once we made the circuit, one sleeps well".
The feeling of misguided injustice
According to
"Un mec !", in a couple,
one always sexually gives more than the other, thus justifying the existence of
prostitution. What interpersonal relationship can be described as purely
equitable in life? He puts this remark in connection with the prostitute that
does everything for him, gives herself entirely in brief, incarnates The Woman.
This is quite contradictory as their "relationship" is itself purely
unequal.
In addition, "Un mec !" says the prostitute
meets each of his requests with a smile, which he himself notes is
"probably commercial, but nevertheless convincing." He wants to
believe in the delight of his partner in order to remove his guilt.
He also notes
that she is a sexual expert, unlike many other women of his past experiences.
He compares her to "a craftsman who has perfected his mastery over
time," associating prostitution with the nobility that other artisan jobs
have, and with the nostalgia involving consuming unique and non-manufactured products,
but full with knowledge acquired through the experience of the artist. Can one
see here a certain nostalgia for the days of brothels, where women were thought
of as "professionals" of the sexual act, refining their practice over
time and customers?
"Un mec !" then launched into a
diatribe against the lack of knowledge women have about male pleasure (which he
attributes to male machismo and the weight of religious institutions), adding
that ultimately, he himself, knows little about female pleasure. He even added
that "many women grow up without the pleasure of masturbation, the idea
that sex is dirty.
This man,
however, said he frequented many women - which he described as far from being
"closed-minded Puritan" - projects his own illusions about the fairer
sex. According to the study "Contexte de la
sexualit en France (CSF) conducted by INSERM and INED in 2006,
"more than 90% of men say they have practiced masturbation, against only
60% of women." More than one in two women already seems a fairly large
number of individuals, especially since one can assume that this figure is an
underestimate, since many taboos are still very much alive regarding female
sexuality. Presumably this gap is, in reality, much less.
Perhaps "Un mec !" does not know female
sexuality well because it does not exist in the representations: sexuality as
one knows it is always androcentric. In pornography, for example, the sexuality
presented is that of men, by men and shown with reference to this phallocentric
impregnation widely accepted in all sexual representations. Similarly, all sex shown
or described follows a standard course. They inevitably end when the man
ejaculates. Regardless of whether the woman took pleasure or not.
This overall
lack of knowledge of female sexuality remains valid for men but also for women
themselves, as well as in a number of specialists. In this respect, one can
include the famous confession of the misunderstanding of Freud comparing the
great unknown female sexuality to a "dark continent."
After the act,
Un mec ! fancied himself with the
prostitute that he solicited, and understood that she came to see him to
exercise this activity by economic restraint. He did not make any comments
about this subject, as if the fact of prostituting oneself to live was an
excuse per se, and not an exploitation. Of Russian origin, she studied
economics in college, and after a number of boring and underpaid jobs, she
threw herself (at her own will, according to her) into prostitution.
It is
interesting that the famous daytime activity of modeling disappeared from the
presentation that the young girl made of herself when he selected her on the
internet, as she was presented as exercising this occupation during the day and
only prostitutes at night.
When they come
to address the issue of their other clients, it maintains the fantasy of
cleverly chosen prostitution. "She finds most customers pleasant, seeking
a more erotic encounter than sexual slavery. She herself finds a certain
satisfaction in being able to offer another person a moment of relaxation and
fun." Indeed, to say the opposite to one of her customers would not be
very sellable. These statements involve maintaining the fantasy of the woman
who prostitutes because she "loves it" and therefore clears the
customer of any scruple damaging to the trade.
Finally, only
at the end of the penultimate paragraph, "Un mec ! announces that it was impossible to know if her story is
true and if she was really independent. There is the traditional boundary
between forced prostitution and free prostitution. Having sex with a prostitute
from a network, this is wrong, this is exploitation, but with "free" prostitute
is tolerable, because she does it voluntarily. It is curious that for the vast
majority of people, the fact that an individual is subjected to economic duress
is not thought of as affecting the freedom of the individual. Regardless of
this constraint, this distinction does not come into play again to stop the
feeling of guilt, whereas physical constraint was considered without further
ado.
This dichotomy
refers to the amalgam frequently made between prostitution and other
activities, with the common characteristic of being livelihoods. However,
prostitution is not comparable to a business, as alienating as it is, for the
simple reason that no other job uses the physical intimacy of the individual,
which is the private sphere[6].
Intellectual shortcuts propagating and protecting
misconceptions
Un mec ! then announced that he hoped
for a legal framework for prostitutes that would allow them to escape networks:
In the end, I prefer the system in force in Germany or the Netherlands,
leaving each one to make sense of things. Despite his feminist opinion, he
still demonstrated that he was not interested in the question of prostitution,
in any case not otherwise than as a consumer. It is a misconception,
unfortunately widespread, to believe that legalization and supervision of
prostitution leads to improved quality of life for prostitutes. Quite the
contrary. The different experiences of legalization have increased the number
of prostitutes, but also networks of exploitation and violence. Thus, as
Claudine Legardinier shows in her latest book: "...the development of a
legal sector has had the initial effect of boosting the illegal sector. A Dutch
report from REIC showed that in 2010 only 17% of 2,600 prostitution ads in
newspapers and on the internet came from the legal sector. Clearly, 83% came
from the illegal sector, where there is no exercised control. The bonus is
clearly for criminals, and the penalty is for prostitutes. Not only did
legalization lead to an explosion of prostitution and trafficking, but even the
authorities admit that traffickers are able to invest in the legal sector. In
2010, the head of the German police reported the increase of trafficking for prostitution
in the country - 11% in one year, 70% over 5 years - especially that of women
of Eastern Europe East and Africa. In Switzerland, authorities are moved by the
increasing presence of Hungarian prostitutes, young or very young, rising Roma
and Romanian networks and the rise of Italian and Balkan networks. Everywhere
the police and authorities denounce attractive markets for organized
crime."
After this
nave and erroneous assertion, Un mec !
revised his words: On the other hand, I am not completely at ease with the
idea that paying for a prostitute is a normal act. His guilty conscience
resurfaced. Nonetheless, this guilt did not last very long: in the very next
sentence, he did not hesitate to continue describing his experience.
Another
justification used by the client is to report the case of a friend, an escort
boy, who told him that his customers (premium) not only wanted him as a sexual
object, but "something special," as if that was enough to justify the
existence of this activity. Since the words of his friend are absolutely not
relativized, or established in context, the experience of a single individual
(which we know nothing about) is not sufficient to justify the existence of all
those who engage in this activity.
"In the
end, I find it easy to look at prostitution from a pious camp, but it would be
more appropriate to look beyond clichs and scandals that sustain the tabloids.
Before anything else, I would like for one to place respect for the prostitute
at the center of the debate, whether one defends or vilifies the escorts."
The article of
this man was specifically chosen because it carries in itself a significant
amount of clichs about prostitution. Indeed, like many, he claimed to speak on
behalf of the welfare of prostitutes while having attended one, once.
Experience (of which he considers himself lacking) has turned him around, and
obviously he has never addressed the issue.
What is really
easy, is to not be in the camp of the pious, but the ignorant.
The egocentric nature of the typical client
In this
article, in addition to expressions that
speak of himself, his feelings, his experience, and his ideas, "Un mec !" used almost 70 times 81
lines of personal pronouns returning directly to his own person, against 24
times that refer to the prostitute.
Here, the
major lexical field is predominantly that of egocentrism; the whole experience
actually rotating around him: "Once my choice was made, as a Siddharta curious
to get to know, I made an appointment for the same evening, shared ethical
malaise and an almost animal excitement to the idea of exploring a very
controversial aspect of our society, but also of my own sexuality."
The prostitute
is only a means of satisfying a need, a curiosity: she is not even mentioned, the
focus is only placed on the situation and how it will evoke this man.
"What
really differentiates our evening from all of my past experiences was the
predominance of my desires". The customer himself is aware that time is
dedicated to his person, his desire, his pleasure, as he literally said. The
quotes he used to frame the word "relations" are clearly suggestive:
he understood it was not a "sexual relationship." in the sense that
the term "relationship" implies a reciprocal action, which did not
take place during his experience with the escort girl, but a unilateral
relationship, entirely directed towards him.
The title is
also particularly eloquent: "I tested for you... sex with an escort
girl," taking the usual formula of consumers sharing their experiences
about any product: the "prostitution" consumer magazines release.
Like all
customers, he allowed his sexual desire, attraction of immediate gratification,
and this consumer-type relation to take over his bad conscience and the feeling
that this act is not fair. Surveys[7]
show that moral indifference characterizes many clients. One interesting thing:
they get what they want, and at the lowest prices. "When I eat steak, I do
not wonder if the cow has suffered[8],"
said one when asked about the risk of exploiting a trafficking victim client.
The pleasure of the customer always takes precedence over everything else.
Julia O'Connell Davidson shows that "this kind of moral indifference is
very well accepted in society of these markets. Buyers are generally expected
to act according to their own interests without being bound to those who make
the products they buy or assume moral duty to them."
All customer
experiences with a prostitute speak about the reality of it, the whole relation
is about the client, and not a relation between others. A prostitute is the
object through which the client is confronted with his own sexuality, his
personality, himself, and assumes to fully be a man - as common representations
depict males, it is to say, with irrepressible needs for which women are made
to meet.
The
conclusions of the customer are the following: to the question if he regreted
having allowed himself to "use" another human being for his sake, he
replied: "Yes and no." This experience was for him "fascinating
and fun, and [he] remains convinced that prostitution can be practiced in
mutual respect." He remains convinced, as he already was, which puts some
doubt on its presentation as having been raised by a feminist,
anti-prostitution mother and his description of himself and his "feminist
side" obtained through his education.
In addition,
he recognizes that prostitution may be exercised in mutual respect even though
he is well aware that it automatically implies a unilateral relationship, as he
himself noted previously. Where was the respect in his experience? He told
himself that, on the one hand, the sexual "relationship" was actually
completely turned to his own pleasure and absolutely not of the prostitute, on
the other hand, she is pushed into prostitution by economic constraints, and
finally he cannot be sure if she exercises this job "freely." Where
lies the famous mutual respect which he is so sure exists?
The narcissistic fantasy world of a client
It is
significant that "Un mec !"
did not name the prostitute from whom he solicited services; the term, being
exact, he prefered an orderly vocabulary. "Companion" is the word he
used the most, but always with quotes, to understand that he was aware that it
was not at any time a relationship of normal type, and that this woman had
never been considered as a potential partner. He then used the term
"woman," and frequently used "escort-girl/escort" to talk
about it, but since he obviously did not want to be too redundant, he used it
sometimes to talk abstractly about prostitutes.
The other
dominant lexical field is that of fantasy, of erotic ideal, of the archetype of
femininity embodied: "The meeting was simple and nice," "The
woman who opened the door was graceful, charming, far from being vulgar, smiling,
and I was immediately at ease," "respectful, sweet, and erotic at the
same time," sublime mastery of certain sexual acts."
"Un mec ! lives a waking dream, he is
completely captivated by his "companion" that he compares, as one has
seen, to a craftsman and he characterizes her as "beautiful, sweet,
intelligent," to even consider having the "privilege to have
encountered". The meeting took place in a unique setting, was accompanied
by champagne, the atmosphere was conducive to all fantasies, the woman was
available: "This woman is offered without limit and without discomfort to
satisfy my desires", very sexually attractive but not vulgar: "Un mec !" actually experienced a
true chic porn.
Suspicions of
doubt, replaying a few times in the text, are completely cleared by this first
sensation - very narcissistic - living a true fantasy, sanitized, controlled
and gathering all the clichs of masculine and feminine, as of a pornographic
film dedicated to him.
The cruel lack of empathy
The man who recounted
his experience here comes from a privileged social background (he lived in
London, for around 25 years, reported a refined language, and has the means to
pay a prostitute whose rates are around 2,000 ($2,743 USD) per night). A good
representation of the contemporary capitalist mentality, buying a body for him
is ultimately an action like any other, despite his single sentence stating
that he minded it a bit.
This act is
the very illustration of the theory of giving and anti-giving of anthropologist,
Marcel Mauss. It shows the existence in an interpersonal relationship, in an
exchange between individuals, this double obligation to give and get, up to
what is received/given. These movements are at the same time voluntary and
mandatory, because to disdain the other means to extract oneself from the
system, and by extension, refuse the link to the other. Moreover, this amounts
to admitting defeat and thus, to lose face.
Establishing
the relationship between the client and the prostitute is such: as in the case
of any goods, the customer interacts with the seller to acquire property. By
paying, he has the illusion of being just about what he owes to the person with
whom he has a commodity exchange, which is the only condition that can leave
him with a clear conscience, and sometimes even with a feeling of having helped
the prostitute.
In conclusion
For
some years now, investigations on prostitution tend to be centered on the
customer, trying to figure out who he is, trying to find a common denominator for
all these consumers of prostitution who appear so different (socio-professional
category, marital status, age, etc.).
The
answer to this puzzling question, the mysterious point in common in all of these
beings, seems to be emerging: they are men. What is less obvious, however, is
the following clarification: it is because they are men (they are educated as
such, they operate in a world of cultural representations in the strengthening
of this typification genres[9])
that they feel entitled to consume other beings, especially women (also
educated as such and also moving in this world of gendered representations,
thus accepting consciously or not their fate as dominated and potential
objects).
This
is the theory of Bourdieu reduced to its simplest form. For a system of
domination to work, two major conditions must be met: first, that the dominant
accepts and asserts their dominant position as natural, of course. And
secondly, what is probably the most overwhelming part of this sad fact, that
the dominated themselves accept their fate and domination as natural. That is
why the root is not in the socio-professional categories or in the different
generations that drive men to use women and it is in the anthropological
representations of what a man is and what a woman is.
Franoise
Hritier shows, in two volumes Masculin/Fminin,
that the observation of the difference between the sexes is the origin of all
thought. Radka Radimska admirably sums up his point: "The reflections of
men cannot be based on what was given to them to observe closer: the body is
the medium in which it is immersed, yet the ultimate character and the most
significant of human body, it is the difference between the sexes and the different
gender roles in reproduction. All oppositions created by human reason are then
listed in the grading grids into two poles: male and female, and one can find
these two poles in all systems of representation that preclude concrete or
abstract values (F. Heritier cites fundamental oppositions as hot/cold,
wet/dry, high/low, inferior/superior, light/dark)."
Thus
F. Hritier reveals the concept of the "gender differential valence"
system showing that the value given to subjects and objects differs depending
on the gender assigned to them, what is connoted as masculine traditionally
emphasized to the detriment of what is connoted as feminine. For example, this
explains that typically feminine activities, such as cooking or sewing, are
represented at the highest level by men (starred chefs, famous fashion
designers) because, since we are in the field of excellence, it is the side of
the male. Vulgar daily kitchen work, this, belongs to women. Thus, at birth,
humanity adopts an asymmetrical thinking of feminine and masculine.
Regarding
prostitution, more specifically, Franoise Hritier clearly notes this
turnaround to hide this unequal relationship in essence: "To say that
women have the right to sell is to hide that men have the right to buy. "It
is also to hide the very foundations of anthropological representations, men
are subjects, while women are already objects, who are exchanged against other
groups of women (to renew the genetic stock), or against objects (if the
male/female ratio in the group is disproportionate)[10].
Claudine
Legardinier wrote "Far from being the product of "nature" that
he claims to be, the Prostitutor [= customer] would be especially that of its
culture". Thus, what the clients of prostitution have in common is being
custodians of these ancient representations depreciating women. In modern
times, these destructive representations are coupled with market ideology,
which redoubles. This aggravates the already derogatory perceptions of women,
but also of men, placing each in gender roles that ultimately do not benefit
their well-being, which they could access in a more egalitarian situation[11].
Fighting
against this state of affairs is possible, as evidenced by changes in statutes
and women's rights around the world. However, the road ahead is still very
long. "When we have taught men and women to agree to respect and not to be
ashamed of sex, you will not need prostitutes," says Gabrielle Partenza,
president of the association, Avec Nos Anes (ANA). The Palermo Protocol, whose
findings have been repeatedly advocated since 2000, under the protection of the
United Nations, have established research, and launched focused information
campaigns, especially on the education of gender equality, to curb the demand
for prostitution. In addition, the Protocol clearly establishes a link between
customer demand, exploitation and trafficking.
The
first customer that history remembers, Enkidu, one of the central characters of
Gilgamesh (the oldest novel in
history, dating from the Mesopotamian era, end of the third millennium BC),
created by the gods and raised by animals, accesses humanity by having sex with
a prostitute (which the author did not bother to mention by name or word).
Today, it is important to educate (potential) clients, who will access this
full status of humanity - in the sense of philanthropy - to realize that their
actions are just a timeless repetition of terrible inequality, which is
absolutely not natural.
Sources
-
Jai test pour vous... coucher avec une escort-girl , Un mec ! , Madmoizelle, February 2012.
- Bajos N.,
Bozon M., Belzer N., Enqute sur la sexualit en France : Pratiques,
genres et sant, French
National Institute of Health and Medical Research
(INSERM), French National Institute for Demographic Studies (INED), La Dcouverte Ed., 2006.
- Chaleil M., Prostitution, Le dsir mystifi,
LAventurine Ed., Paris, 2002.
- Dubois
H., Brunet E., Les clients,
Documentary, 52 minutes, 2006.
- Fondation Scelles, Limage de la prostitution dans les mdias, CRIDES Thematic Overview, 2004.
-
Hritier F., Masculin/Fminin, Odile
Jacob Ed., Paris, 1996.
- Hritier F., Perrot M., Agacinski S.,
Bacharan N., La plus belle histoire des femmes, Seuil Ed., 2011.
-
Legardinier C., Prostitueurs, tat des lieux , Prostitution et Socit, n.163, October
2009.
-
Legardinier C., Le plus vieux mtier du
monde, Les points sur les i Ed., Paris, 2012.
-
Mansson S.A., Lhomme dans le commerce du
sexe, University of Lund, 1987.
- OConnell
Davidson J.,
The Sex Tourist, the Expatriate, his ex-Wife and her Other: the
Politics of Loss, Difference and Desire , Sexualities, Vol.4, n.1, 2001.
-
Radimska R., La diffrence des sexes en tant que fondement de la vision
et de la division du monde , Sens public,
October 6th, 2003.
-
RIEC Noord Holland, Methodiek Inzicht in
prostitutiebranche, October 19th, 2010.
Prostitution
remains a subject that demands explanation; the scandals it provokes supply ripe
stories to be published, and has been transformed into a business all of its
own. By bringing together two worlds that otherwise had little chance of
collision, prostitution provokes a chain reaction of scandal and public
interest.
The previous
few years have provided particularly rich stories: Dominique Strauss-Kahn
(DSK), Silvio Berlusconi, and Zahia[12]
affairs which took place one after the other and, once analyzed, appear
extremely similar despite different actors and settings. Each of these widely published
stories reflects the ambivalence born from prostitution. It is, at the same
time, fascination and repulsion, producing unprecedented social shockwaves. DSK
and Nafissatou Diallo are now known worldwide, with hundreds of reproductions
centered on their encounter, objects made in their image, and direct
parodies, all surfacing after the exposure of their sex scandal.
Public opinion
is by and large offended. The average population continues to wonder how those
in power can continue to act with the moral and ethical fragility largely
associated to normal people. And, thanks to large-scale media hype,
prostitution has developed acclaim or, in any case, become a social craze
within the public eye, especially in the eyes of the young.
The activity
attracts the eyes of many by the same fantasies that it provokes. It represents
the breach of rules and becomes synonymous with the world of the powerful that
is aligned with the idealized life of both danger and mystery. To put it
simply, prostitution represents a life of adventure, in every sense of the
word.
In addition
prostitution represents simplification; it is the reduction of a complex world
to a situation dominated by market transactions. In this way, the difficulty of
ethical considerations, empathy, understanding, philanthropy, and human
relations is erased entirely. Existing in an idealized world – lawless,
liberated, governed by money, materialism and pure power – prostitution
creates a tempting illusion.
To give an
example, the Chinese actress Zhang Ziyi, accused of having paid sexual
relations with Chinese dignitaries – most notably Bo Xilai, dismissed
from the communist party in 2012 after a murder involving him and his wife
– earned tens of millions of dollars for her work. Due to her involvement
in notably successful films (Crouching Tiger Hidden Dragon, Rush Hour 2,
Memoirs of a Geisha), her financial success leaves many wondering why she would
practice prostitution. Did she want to earn more money? Did she want to
maintain a strong network to ensure her career? Both answers appear possible,
even probable. However, her decision may have also been influenced by the
feeling experienced by those with power, that they can obtain and offer
anything that they desire, including human beings. In certain power structures,
it is hard, if not impossible, for women to say no.
Besides the
issues of power, prostitution is also a response to individual suffering.
Prostitution claims clearly, yes, there are characteristics that construct
women, and there are those that construct men. At the heart of these characteristics,
divisions exist. On one side, we find pure women: On the other, whores. Men are
nothing more than the victims of sexual desires, and they will never be
mastered. To put these beasts to rest, to ensure that they do not spill over
into violence toward those we respect, prostitutes serve their purpose. That is
the way it has always been, and the way it always will be.
In reality,
this archetypal construction, a reduction of humans to sexual objects, is the
only thing as old as humanity itself. The archetypes appear and reappear in
diverse texts; its a temptation to simplify that continues today, and is supported
by advertisements and media.
Nevertheless,
following multiple sexual affairs that became the subject of media frenzy,
which will be analyzed later on, these anthropological representations of the
dichotomized human, far from being erased, have grown in scale. This phenomenon
remains especially true in regard to the young, bombarded by raw and evocative
images and situations.
Today,
prostitution conceals itself under the umbrella term escorting which takes
advantage of a term that is not yet fully understood to signify the activity it
describes. Seductive, sparkling attire, fabulous parties, and famous, powerful
figures now gild the dirty connotation of prostitution. In this way, it has
become a comfortable idea for the younger generation, as a tame word in line
with the physical criteria of beauty and elegance.
A necessity
for elegant enjoyment exists now more than ever before. For here on, we have to
enjoy ourselves longer and more fabulously than those who came before, to take
full advantage of new means of communication, of consumption. The schemas that
associate a womans body to objects of consumption, and trapping men in the
idea that they are the natural consumers, have never been stronger.
What we are
seeing is therefore an increased attraction to this type of prostitution. The
market-society demonstrates the value of individuals as proportional to their
monetary capital; escorting allows us to rapidly earn and gain access to the
social status of an icon. For these reasons, a certain number of young girls
find themselves dreaming of escorting as the royal road to fame and riches. A
true tragedy, many of these girls consider the sale of their bodies to be the
only way for them to obtain what they want, as in the case Zahia, or F.
Ribrys birthday present.
The question
of what causes this phenomenon is rarely put on the table. For what reasons do
these men believe it appropriate to call for the services of these women? Why
do those around them tolerate it? Why are these behaviors considered
scandalous, only once they are brought to the publics attention? And, finally,
why does the public feel as though it has been betrayed after discovering a
scandal?
Once caught,
the public lashings that politicians inflict on themselves are often similar.
They appear contrite, tears gleaming in their eyes, but proper. The excuses
follow, and the words they use fall in line with pious sentiments. Bill
Clinton, in his televised admittance of an affair on August 17th,
1998 claimed, Indeed I did have a relationship with Miss. Lewinsky that was
not appropriate. In fact, it was wrong. Tiger Woods, on February 19th,
2010 stated, I never thought about who I was hurting. Instead, I thought only
about myself. I ran straight through the boundaries that a married couple
should live by. I thought I could get away with whatever I wanted to. I felt
that I had worked hard my entire life and deserved to enjoy all the temptations
around me. Dominique Strauss-Kahn, to give one final example, claimed on
September 18th, 2011, It was not just a weakness, it was a moral
fault.
The multiple affairs of DSK, or The Women of the 6th Floor (Philippe Le Guay, 2011)
It is
impossible to mention the topic of celebrity affairs and glance over the one
that blew up into worldwide media frenzy. Dominique Strauss-Kahn (DSK) and Nafissatou Diallo are, from here on
out, icons of sexual relationships based on power. The mere mention of either
name suffices to bring back clear memories of the case and its facts.
In one meeting
between these two, a plethora of power relationships can be described: Man and
woman, black and white, rich and poor, powerful and marginalized, northern and
southern, power and vulnerability, fame and anonymity. The possibilities of
dichotomized relationships in this case are endless.
From the first
day, the breaking news of the affair between DSK and Nafissatou Diallo heavily
impacted France, the United States, and the global community. It was only a few
hours afterward that Taiwanese television channels published a series of images
to reconstruct what happened.
Throughout the
day, opinions of experts, commentators, and close friends provided an endless
stream of information for radios, newspapers, television programs, and
websites. In France and around the world, conversation revolved heavily around
what may have happened in Room 2806.
But what makes
this story so unbelievable? Quite simply, people were incapable of
understanding why it happened. But why her?
Why a maid, who isnt beautiful or young, when he could buy almost any woman
he wanted, given his money, power, and status? Why would he risk everything for
her?
In addition to
these questions, it became clear that this scandal was only the beginning.
DSKs affair with Piroska Nagy, one of his co-workers at the International
Monetary Fund (IMF), came to light a few days later. The woman in question soon
left the IMF, with a bonus that her professional experience did not merit. DSKs
affair at the Carlton hotel in Lille took place during the same year. In this
case, he was accused of gang rape and procuring. The accusation of gang rape
was later dropped, however the second is still under legal consideration. After
returning from New York, pronounced innocent of all charges, DSK was again
confronted with another legal case. Tristan Banon, a French journalist,
appeared ready to press charges against Strauss-Kahn for an alleged rape in
2002. The case was subsequently dropped, and did not result in criminal
conviction.
More recently,
another case has been brought to light, after the publication of Belle et bte
by Marcela Iacub. The work, which describes the relationship between the author
and Strauss-Kahn, resulted in legal proceedings. From this point forward, the
publication company must insert a note in each copy to explain that the book is
an infringement on DSKs right to privacy. As a result, DSK received 50,000
in legal remuneration.
As for the
affair between DSK and Nafissatou Diallo, the civil case was decided out of
court. The woman in question, who became the subject of endless analysis,
received more than $1 million USD in damages.
The movie
Women of the 6th floor uses Paris of the 1960s as its backdrop. In
the heart of the city, a young man with a strict moral code discovers a group
of beautiful young Spanish girls living on the top floor of his building. By
meeting them, he becomes aware of a simpler universe that seduces him in the
same way as one of the young Spanish girls. His decision, however, does not
please the other characters of the play, who dont support mixing social
classes.
In this film,
the world of the working class and that of the bourgeois collide. Their
collision reveals the gaps that exist between their mentalities and ways of
life. It is, nevertheless, the improbability of their relationship which adds
flare to the storyline.
In the DSK
affair, the story progresses in a similar fashion. The master falls from his
pedestal to meet women living with modest means, and momentarily they share
their daily lives, while experiencing new pleasures.
He already
possesses women of high society, but they are not enough. He wants all of them,
no matter who they are or what they do. One of the prostitutes, who is used to
what the press curiously calls the fine parts of DSK, says herself that he
prefers newcomers.
DSKs line of
defense in the majority of these cases is simple. The women always consent.
Nafissatou Diallo, Tristan Banon, the diverse prostitutes, all of them. But the
testimonies of each of these women, who dared to publically mention DSKs
brutality, are similar and almost interchangeable. Are they a line of defense
proposed by lawyers or a true confession? A mix of both, it seems. Some have
gone so far as to pardon DSK in the name of his French nature, which
supposedly produces men with unnaturally high libido.
The unending Berlusconi case, or The Learned Ladies (Molire, 1672)
Silvio
Berlusconi is used to being inside the courtroom. Since the 1990s, he has been
through many trials, with a mix of politics, the mafia, arms, embezzlement,
false testimony, abuse of power, corruption, tax fraud, prostitution, the list
goes on. In short, he is the only man to have every necessary ingredient for a
good movie on the Italian underworld, or on any underworld, for that
matter.
As a
preventative measure, while he was still in power and his cases began to pile
up, he passed multiple laws allowing him to push back judgment day. One such
law granted the Prime Minister of Italy immunity during his mandate. Another
stipulated that all prison sentences of under two years given to those over the
age of 75 would be carried out under house arrest.
S. Berlusconi
is currently 77 years old, and was recently condemned to one year in prison. He
has challenged the decision in Italy, allowing his sentence to be suspended
until retrial.
If S. Berlusconi
is famous for his extra-marital affairs and his bunga-bunga parties, he has also
attracted Europes attention by his choices in policy staff. In 2007, he
announced the creation of his party, the People of Freedom (Il Popolo della Libert)
meant to reassemble the Italian right wing.
Two years
later, during European elections, he chose original electoral rolls consisting
of young, attractive women with few ties and little knowledge of the political
world. With television coverage and photos, he put forward those who were
denounced in the press as his bimbos. After a bit of research, it was
discovered that a few of the women had visited the Prime Ministers villa in
Milan, reputed to be a place for orgy parties always supplied with prostitutes.
The pressure
generated by this scandal was important (Berlusconis wife went as far as to
describe her husbands choice as the emperors entertainment). S. Berlusconi
eventually decided to keep only one of the women, a former television
presenter, despite the fact that the young woman of 28 years had no knowledge
of politics and considered herself unfit to enter into the political system.
But S.
Berlusconi, nicknamed the Cavaliere
had not said his last word. The following year, during Italys regional
elections, he employed the same tactic. The strategy is clear, he does not
conceal it: A woman can be good in politics by simply being young and maybe
also by being pretty he claimed, during an interview (LExpress, February 24th, 2010).
One of these
women, who was lucky enough to be elected, was formerly a dental assistant who
had helped repair the Cavalieres
teeth after he was attacked in Milan. Another was a television star and model,
assumed to have participated in the special parties held by S. Berlusconi, and
was proud to introduce herself as his favorite.
The most
recent case is often referred to as Rubygate. S. Berlusconi allegedly purchased
the services of (at least) one child prostitute, named Ruby. S. Berlusconi
confirmed numerous times throughout the affair that he was unaware of the
girls age, before going back on his own statements like the Cavaliere himself.
An
investigation into the case is currently underway. S. Berlusconi, as well as
certain close relations, is facing charges that include the abuse of power,
exploitation of prostitutes, and sexual exploitation of minors.
Similar to
certain characters in Molires plays, Silvio Berlusconi doesnt seriously
value intelligent women. His selection criterion is always the same: physical
appearance. His apparently insatiable sexual appetite pushes him to reward his
conquests by naming them to positions of power. The Cavalieres mistresses are dispersed everywhere, in both the public
and private professional spheres.
The famous
learned ladies, who give their title to Molires play, are not ridiculous
because of their will to learn, but because they believe they are learning from
individuals who are, in reality, pretentious and of little worth.
If you ever feed your mind at
all, everyone says it is with airy diet[13].
For the
majority of those who accept positions of power for this type of remuneration,
the situation unravels in a similar manner. Dazzled by S. Berlusconis
charisma, or by the lure of easy power, these women willingly accept to see
themselves brought into the political world as a pretty face, claimed as
learned.
The amateurism of the affair involving Barack Obamas bodyguards,
or Female Agents (Jean-Paul Salom, 2008)
The resume of
facts is the same, despite the article or its publisher: a short time before the
U.S. President arrived in Columbia to attend the US-Latin American summit, an
affair took place which challenged the legitimacy of secret service agents who
had come to prepare for the Presidents arrival.
The bodyguards
are reported to have drunk heavily, according to the hotel staff, before
inviting a group of 10 or more prostitutes into their room. Their actions were
revealed to the public at large the next morning, when the Columbian police
were called to resolve a financial dispute between a prostitute and a
bodyguard. The man wanted to give her $30 USD, though he had proposed to pay
her $800 USD the previous night.
The local
police, embarrassed to become involved in the situation, called the American
Embassy. The agents in questions were sent back to the United States one day
after the Presidents arrival.
Out of the 11
Secret Service members suspended and awaiting the result of an investigation of
this case, one member was authorized to retire, another is in the process of
being fired another left his position, affirmed the Secret Service. From the
same source, the eight other employees remain suspended, while the internal
investigation continues (7 sur 7, April
19th, 2012).
The
information and reactions communicated by the press in different articles are
interchangeable: Barack Obama affirms that this incident does not reduce his
interest for the US-Latin American summit, while he continues to put full faith
into his Secret Service. In addition, despite the affair, it was continually
affirmed that the Presidents security was not jeopardized.
Other actors
directly involved in the summit who talked about the event, were discontent to
see attention focused on the scandal instead of on the political meeting.
Its
incredible; four days after the US-Latin American Summit that brought together
Barack Obama and 32 other heads of state, no one is talking about the meeting,
proclaimed Maria Teresa Aya, director of the Columbian Diplomatic Academy. The
international press is only interested in prostitution scandals. A young
government worker of the Ministry of Exterior Relations proclaimed angrily, we
slaved away for this damned summit and, in the end, it was only for a story
about prostitutes (Le Monde, April
20th, 2012).
Finally, as in
many other occasions, what is disconcerting is that the agents acted in this
way while working for the President preparing his arrival, not that they bought
prostitutes in the first place. Rep. Peter King, R-N.Y., chairman of the House
Homeland Security Committee, stated, For Reuters, this incident brings to
light the human weaknesses and working conditions of men in the shadows. Those
who dont travel with the President sometimes organize parties once Air Force
One takes off toward other destinations. There exists a need to decompress that
P. King does not deny, explaining that what is most worrying in the case at
hand, is that the party took place before his arrival.
The discredit
thrown onto the United States is equally as worrying. For the nation that is
believed to help bring light onto the world, such a scandal heavily tarnishes
its reputation. Throughout all testimonies, honor was the golden string to tie
all words together, as men began to express regret in the name of their
country.
The ethical
questions around prostitution itself, or the working conditions of the women
who were bought, were never tackled. In the end of the affair, only one of them
is known by the public eye. Calling the police to settle financial issues and
giving an interview a bit later, she had this to say about the agents
stupidity:
They were a
bunch of fools. They are responsible for Obamas security and they still let
this happen. I could have done a thousand other things. If I had wanted to, I
could have gone through all his documents, his wallet, his suitcase (The Telegraph, May 5th, 2012).
In the film Female Agents, Louise Desfontaines, an
agent engaged in the French resistance, is given the mission to smuggle out a
British agent captured by Germans.
In order to
accomplish her mission, she brings together a dream team: she choses Galle, a
chemist; Suzy, a cabaret dancer; Jeanne, a prostitute. Out of these four women,
only Louise is a professional agent. Beside the chemist, who is recruited for
her talents in explosive material, the two other women are recruited for the
talents in seducing men.
Today, this
practice remains in place. In order to trap male agents, their weak points have
to be exploited; send them women. For this reason, it is difficult to find a
James Bond or any other secret again without the essential seductress, who
plays a double role to charm the agent and extract information from him.
If the
Columbian prostitutes had themselves been secret agents, like the characters of
the film, it would have been easy for them to access information transported by
the agents and to put Barack Obamas life in danger. Given all of the
international repercussions that could have resulted, this hypothetical
situation is the most worrying element of the affair.
The Enigmatic Zahia affair, or Born Yesterday (Georges Cukor, 1950)
The affair in
question is certainly one of the largest media successes in the last few
months. Its success may be explained by the fact that, unlike the three other
affairs listed above, it is the only story with the prostitute as main
character, leaving her clients to the sidelines. Throughout the press, she is
the only person mentioned; Franck Ribry and Karim Benzema, the main French
football players involved, are mostly brought up in relation to judicial
decisions.
Football and
prostitution maintain a long relationship; the scandals that tie these two
spheres together are numerous and similar. During large sport events, they
highlight the emotions of fans, and are later left in a forgotten limo until a
new affair explodes into the public eye. January 2011 saw the scandal involving
players from the Swedish team, July of the same year brought scandal onto the
Mexican team, and every World Cup brings a large influx of prostitutes into
whatever country happens to host. The 2006 World Cup in Germany witnessed the
construction of numerous super structures dedicated to prostitution, before the
arrival of a massive number of testosterone boosted fans. For example, a new
megabrothel of 32,291 sq ft was built in order to welcome 650 clients right
next to the principal stadium in Berlin. Smaller, bathroom sized constructions
were also built on site, to be used by clients and prostitutes alike. Despite
the large number of prostitutes who worked throughout the event, the women who
sell their bodies remain largely unnamed and unmentioned.
The juvenile
Zahia, conquered the public because she evoked an emotional reaction, because
she was a minor who resembled a naive doll while she was a prostitute, and
because she developed a certain mystery around herself, by her frequent silence
often incorrectly attributed to her soft character. She embodies a story close
to a modern fairy tale; hers is simultaneously cruel and enchanted, as
traditional stories often were.
Zahia refuses
to be assimilated as a prostitute, and differentiates the activity from that of
escorting.
You know, it
is always men who give me propositions. Its for this reason that I refuse to
be called a prostitute. I am not on the edge of a sidewalk, or sitting on a
barstool. I go out into connected areas; I meet people in show business, in
sports But they propose and I decide (Paris
Match, May 3rd, 2010).
And yet, in
the net section of the article, she admits (like many women in her situation)
that she sold her body to obtain a sufficient amount of money to open her own
beauty parlor. The activity therefore is not one that she practices in total
liberty for her own pleasure. Prostitution is considered to be a temporary
activity, justified by a future project that requires funding.
For this
reason, far from being the nave, limited white girl targeted by a media who
wanted to paint an unflattering, lachrymose picture of her (which was always
centered on her physical appearance), Zahia seems to have mastered the subtle
manipulation of her media coverage. Today, no one speaks of her as the French
teams favorite prostitute, but as a popular fashion creator protected by
reputed figures (Karl Lagerfeld, notably).
When typing
her name into international search engines, many pages have to be flipped
through in order to find an article that deals with the first reason behind the
young girls popularity. This phenomenon eclipses the means that she employed
to arrive at her stardom, giving a large number of young girls the idea that
they can achieve their dreams by following in the footsteps of a former sex
worker.
These young
girls are generally not aware of the implications on gender relations, and
believe that using their body as an object is the best way to succeed in life.
This conformity to a norm that treats women as merchandise allows them few
means of affirming themselves as an individual.
This type of
behavior and attitude, expected according to an individuals sex, was theorized
by Christophe Dejours, a psychiatrist and psychoanalyst, in 1988 under the name
of Mulierity. As Pascale Molinier notes, Mulierity is a defensive identity of
sex that consists of making the woman to avoid manly victimization. The
female collective that, in order to forget its oppression and to not suffer,
restrains women to give up all aspirations contrary to social femininity,
relieving the collective masculine identity. She also notes that Mulierity
degrades self-esteem and selfhood (the varying identifying part of each
individual that makes him or her unique). By trying too hard to
incarnate the culturally constructed feminine archetype, we finish by forgetting
who we truly are and remain lost.
The young
women who are fascinated by the Zahia model, or by bimbos on reality
television, have no idea how hard prostitution can be, and are unaware of the
physical or psychological damage that can result. These women belong to the
hyper sexualized period of our society that Jocelyne Robert, a sexologist and
author, defines as such:
XXX scenes
and pornography are disappearing in public space. It is increasingly rare to
speak of eroticism, relations, signification, desire, pleasure, expectation,
consent, education, or sexuality Its rigid sex, parochial, focused on
genitals, consumerist, mechanic, and rushed. It has squeezed its partner,
sexuality, that in its own corner continues to embrace emotional, sensual,
relational, emotional and identifiable panoramas (Les Nouvelles News, January 26th, 2012)
For Zahia, the
story does not end badly in principle, but how many other broken lives have
been left in wake of the story? Despite a period of her life that was
determined by prostitution, it seems that she has succeeded in creating a free
future for herself.
As in the film
Born Yesterday, Billie Dawn, a former
cabaret dancer, is estimated to be an imbecile before reality tears down these
initial conceptions. Due to a team that never leaves her, and controls the
smallest details of her life, Zahia knew how to use her image as an airhead in
order to manage her fame and her business with an iron first hidden under a
pink velvet glove.
The mix of power and prostitution: A Matter of Taste (Bernard Rapp, 2000)
Those accused
of being at fault attempt to restore their image by adopting the figure of the
repentant sinner. Its next to their spouse, their family, and their country
that they break down into excuses. At the heart of these famous affairs, the
most important aspect of the game is honor. Collective honor is the only victim
of the four cases studied under this theme, as in all others. As for the
prostitutes, they are not often taken into account by article or by the excuses
offered (except for Zahia, who fascinated the public eye). These women remain
the object at the beginning of the entire affair.
The term
affair, systematically employed for this type of event, is a soft euphemism
that covers a cold reality. The initial refusal to name facts is discerned
throughout the entire scandal, as Karine Hamedi notes. The term affair
seems to create its own reality in and of itself, by designating scandalous
facts that are completely separate from political debate. She remarks as well
that all affairs mix a conflict of values with a power conflict.
In this way,
when an emotional element is added to the story, using this term becomes
appropriate in certain well-defined frameworks. At its origin, affair is used
to name sentimental relations and is always assigned to describe extra-marital
relations in Anglo-Saxon vocabulary. In tandem with the spouse or the
humiliated victim, the public feels cheated by the actions of the person they
had admired or respected beforehand. The public feels vindicated by excuses
made in their name and in the name of the victim.
In these four
affairs, public opinion, media, and the protagonist concentrate heavily on the
context and repercussion of the events, not on prostitution itself. In the DSK
affairs such as those centered on S. Berlusconi or the U.S. Secret Service,
only socio-political impacts are analyzed publically. In the Zahia affair the
equivalent impact is felt in the realm of international sport.
The trials of
S. Berlusconi and D. Strauss-Kahn remain in motion. Those of F. Ribry and K.
Benzema began in June 2013. But to this date, none of the stories can clarify
the causes and real conditions of prostitution. Far to the contrary, they have
glorified the activity, hiding it under a dazzling and trendy garb. In the eyes
of the young, the activity appears and heavily influences their
sexual-psychological development.
Public opinion
largely tolerates the meetings between powerful figures and their mistresses
and prostitutes. Even when hidden, the public is likely to forgive
reprehensible practices, knowing that they exist and considering them to be a
natural result of power. It is precisely this welding of power and sex that is
important to question. It confirms a symbolic order in which, once you become
rich, it becomes normal to collect women like cars or works of art. Under the
same heading as a luxury good, women become part of the package of power.
As long as the
media covers only the glamorous aspects of these affairs, they will continue
to glance over the essential elements. Their refusal to dig further into the
problem helps perpetuate old, degrading schemas for women and human beings. For
this reason, it is unfortunately probable that both tabloids and prostitution
have productive and lucrative days ahead.
Sources
- Colombian prostitute
thought Obama bodyguards were 'fools' , The Telegraph, May 5th, 2012.
- Lhypersexualisation des jeunes, cest celle de
notre culture , Les Nouvelles News,
January 26th, 2012.
- Scandale de prostitution dans lentourage
dObama , 7 sur 7, April 19th,
2012.
- Un scandale de prostitution clabousse le Secret
Service amricain , Le Monde,
April 16th, 2012.
- Benhaiem A., Deux bimbos sur la liste du parti de
Berlusconi , LExpress,
February 24th, 2010.
- Bloudy M., Exclusif Zahia.
Linterview intgrale , Paris Match,
May 3rd, 2010.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Delcas M., La "mauvaise conduite" des
policiers d'lite de Barack Obama en Colombie fait scandale , Le Monde, April 20th, 2012.
- Fondation Scelles, Charpenel Y. (sous la direction), Exploitation sexuelle - Prostitution et crime organis, Economica Ed., Paris, 2012.
- Hamedi K., Scandale et suicide politiques : Destins
croiss de Pierre Brgovoy et Robert Boulin, LHarmattan Ed., Paris, 2008.
- Molinier P., Fminit sociale et construction de
lidentit sexuelle : perspectives thoriques et cliniques en
psychodynamique du travail ,
L'orientation scolaire et professionnelle, December 1st, 2005.
In 2002,
Marie-Joseph Bertini noted that women only represent 18% of people cited in the
media. After a long study of semantics and statistics of three large, typical
nations, she arrived at the conclusion that the main function of the media is
to establish a pre-existing symbolic order, with everyone in their respective
places. In order to do this, the media does not describe the world, but they
prescribe it; they give the people what they think should be the real truth: women
are subject to their place, where they are dominated.
This remark
seems to also apply to the journalistic treatment of prostitution. Indeed, the
media continue to portray this theme with a lot of recurring archetypal
descriptions, demonstrating a concern for sensationalism rather than a real examination.
This is particularly visible in the way in which prostitution activity, the
figure of the client, and the procurer are all presented.
Prostitution in France as
seen from the written press
In the
analysis of press articles treating prostitution in France[14],
the study of individuals working on this topic is particularly instructive. It
shows that these individuals can be separated into two distinct groups. On the
one hand, those who oppose abolitionism and the criminalization of the client,
on the other hand, those who support both.
The first
group criticizes the abolition of exploitation of prostitutes and the
penalization of clients. Of the 42 activists of this first group, only 13 have
direct contact with a prostitute (31%). In all of the studied articles, the
prostitutes (with the exclusion of those who claim directly to the Union of Sex
Workers –STRASS) count themselves among those who have the least access
to speak and/or who wish to communicate less.
Contrarily,
the second group mainly wishes to abolish prostitution and penalize the
clients. Of the 35 participating, 28 have a direct link with prostitution
(80%). Three-quarters of them exercise, campaign, or work directly in
structures related to gender and/or prostitution.
Beyond this
first analysis regarding differing opinions, the second theme most frequently
treated by the press is that of individuals whose homes adjoin places of
prostitution.
The focus is
now largely located on their complaints: the complaints which one hears most
often involve the aspects of prostitution that affect their own lives, as also
illustrated in the choice of name for a group of individuals, "no
prostitution-in-front-of-our-homes."
Very few
residents worry about the living conditions of prostitutes. While they are
direct witnesses to the conditions of violence in which they operate, it is the
nuisance that these activities involve that bother them most. For example, they
are not concerned with the health of prostitutes who are infected with diseases,
but rather the fear of themselves contracting the diseases (except grassroots
organizations directly involved in the health of these women).
The image of the client in
the written press
To this topic,
throughout the course of 2012, the stakeholders multiplied and varied, but the
articles on the client are less numerous (51) than those discussing prostitutes
(384). The debate mostly focuses around the question of the penalization of the
client, essentially consisting of arguments in favor or in disfavor of this
action. On one side, one third of articles oppose penalization (17 out of 51
articles). On the other side, those who are in favor of the penalization of
clients (11 out of 51) account for 21% in total. Another component is the neutral
articles (24), who simply state the facts linked to the question of punishments
of client, or treat another connected subjects (46% of total articles).
It is interesting to note that of the 51 articles concerning
prostitution, only three are written by clients or ex-clients and, always
anonymously.
MAIN ARGUMENT AGAINST THE PENALIZATION OF CLIENTS (6) |
||||||
First argument : appearing 25 times |
Second argument : appearing 18 times |
Third argument : appearing 13 times |
Fourth argument : appearing 13 times |
Fifth argument : appearing 5 times |
Sixth argument : appearing 4 times |
|
1 : The penalization of the client would
degrade the working conditions of this activity |
2 : It is intolerable that others decide, instead
of prostitutes (note that many of those who speak in this sense have never
used prostitutes either) |
3 : It is necessary to differentiate free
prostitution and forced prostitution |
4 : Wanting to abolish prostitution is a moral
concern, therefore it has no place in this debate |
5 : Criticism of the Swedish model, presented
as biased, dangerous, hypocritical, and difficult to assess |
6 : Positive argument (contrary to all other
critics) that promotes the merits of formalizing prostitution |
|
MAIN ARGUMENTS FOR THE PENALIZATION OF CLIENTS (7) |
|||||||
First argument : appearing 19 times |
Second argument : appearing 15 times |
Third argument : appearing 14 times |
Fourth argument : appearing 11 times |
Fifth argument : appearing 10 times |
Sixth argument : appearing 10 times |
Seventh argument : appearing 3 times |
|
1 :Prostituion is thought of as a place of
profound inequality between men and women, a relationship of domination, a
violence of gender (mental and physical) causing severe effects |
2 : Refusing the sale of the human body, sexual
exploitation, and the normalization of the sale of humans for the defense of
human dignity |
3 : Prostitutes are thought of as individuals
in vulnerable situations, already under stress (economic, emotional, family, etc.),
and in clandestine situations, which makes the argument of free choice
irrelevant |
4 : Necessity of prevention on the subject of
prostitution so that prostitutes can escape the system and create a new life |
5 : The myth of the good client is
deconstructed: this person does not exist in reality |
6 : Comparisons of situations of different
countries in which prostitution was legalize or abolished, such as
Netherlands/Germany on one side and Sweden on the other |
7 : The deconstruction of the widespread idea
that prostitution is the oldest profession in the world and therefore it is
impossible to stop |
|
|
Opposing themes of the two groups |
|
|
Against the penalization of the
client |
For the penalization of the
client |
Theme 1: Legalization of
prostitution |
The legalization of prostitution would provide
prostitutes with better living conditions. This is said without relying on
any specific study. The first three speakers simply imagine that the
formalization allows those who engage in this activity and who reject the
networks to live better. The fourth person, an activist of STRASS, for her
part announced that the associations have been saying that the more
repressed prostitution is, the more working conditions are deteriorating.
Yet there is no mention of the names of the associations in question, or
their sources. Thus, the assertion that the formalization of prostitution would
be beneficial and prostitutes would deviate from organized crime, remains
totally unsupported here. |
Two supporters of the criminalization of four
clients are based on real-life examples to support the assertion that
legalizing prostitution would actually be an invitation for criminal
networks. The first speaker takes the example of Eros Center, where the
majority of prostitutes who exercise is not voluntary, without citing
sources. However, the individual interviewed on this issue is the author of a
book on prostitution. The second speaker takes the example of the Netherlands
and Germany to show that regulation is the most effective way to increase
the market of sex worker, to open the Eros Centers where one practices
rapid prostitution, and to protect the interests of procurers, so that they
become mere managers, hoteliers, businessmen like the others. Indeed, these
countries do not punish individuals collecting rent from prostitutes who
pay to exercise within these institutions. |
Theme 2: The consent |
The theme of articles opposing the criminalization
of the client – as well as for the issue of legalization – simply
stated this opinion without any further argument. The mere fact that some
prostitutes engage in this activity voluntarily is enough. |
To say that everyone is free to make his own life
choices without taking into account their context means that everyone is
completely free at any point in his life, and no determinism weights on him. |
The profile of procurers in
the written press
In
the articles discussing prostitution, the figure of the procurer is central
(312 articles out of 747, 42%), in contrast to that of the client. The subject
of the procurer is treated very carefully. The majority of articles are only
concerned with judicial facts. In general, the 314 articles address two main
topics:
- Acts of
justice against highly organized procurers, acting mostly through networks (142
articles, 46%);
- The Carlton
de Lille affair and the connected elements (111 articles, 36%).
The
remaining 18% deal in decreasing order with "Julotcasse-crote,"
"massage" parlors, the figures available on the subject, various
facts, stories of people, such as (former) prostitutes, and the actions of one
of the sons of Muammar Gaddafi on the Cte d'Azur.
Of
the 312 articles dedicated to procuring in the French press, 303 are written in
journals, 9 texts are written by people (not journalists) who are truly
engaged.
No
journalist article truly attempts to describe the character of a procurer,
probably because there is no doubt about it. As the customer remains a mystery,
it is assumed that the procurer is either a brutal, misogynist, "bad
guy" often from Eastern Europe, or a determined man in a precarious
situation, living on the earnings of his wife. In the first case, journalists
do not research the personality and history of the individual. In the second
case, the procurer - sometimes called "Julotcasse-crote" - is
frequently presented as a confused man, experiencing social and emotional
difficulties. He is also often described as so in love with his wife he agrees
to abide by the "choice" of the latter to exercise prostitution
activity.
In
general, individuals are rarely referred to as procurers, but rather they are
Julot and their workers act in a voluntary manner. The tone of these
articles is quasi-empathetic, as if the men were to be pitied more than the
prostitutes who work for them. The articles are often written in a way to
emphasize the distress of the Julot, or his indignation, completely erasing
the victim –the prostitute. Within this phenomenon, one can see the
resurgence of the well-established idea that all women must belong to a man, as
shown in particular in the work of Francoise Heritier. The owner has by
definition the right to freely dispose of his property. If his wife adopted a
perceived attitude degrading to a woman, it is ultimately the man, who inflicts
his opinion on his wife, that reflects the shame and therefore pity.
In
the affair of Carlton de Lille, the argument for the defense of Dominique
Strauss-Kahn (DSK) renews this idea that the true victim is the man, and not
the woman, who is still suspected of being a temptress. Everything lies in this
charade. During the "libertine" parties, it would have been
impossible to determine that some women present were prostitutes. This idea is
presented by one of the lawyers of DSK as follows: "Il [DSK] pouvait parfaitement
lignorer car figurez-vous quՈ ces soires, on nest pas forcment habill et
je vous dfie de distinguer une prostitue nue dune femme du monde nue (He
[DSK] could well ignore the prostitution because one imagines that on these
evenings, one is not necessarily dressed, and I challenge you to distinguish a
naked prostitute from a naked woman of the world) "(Le Nouvel Observateur, January 21st, 2012). This
sentence, a rare symbolic violence, reflects the common thought that every
woman is potentially a sinful dormant, ready to play as an object of desire,
that is to say to fulfill the mans destiny of women as objects. Simply, there
is a type of women which one must pay for and the other ones are free, but must
testify their ways.
In
other words, one returns to the classic archetypal images of the woman and the
Holy Whore, which are exclusive of each other and classify women between
honest, respectable mothers versus sinful, attractive, bad women. Except that
in modern times, it would be difficult to differentiate; these two categories
are typically so distant from each other, but they are found mixed and
indistinguishable because of the nudity in particular, as if only the clothes
allow men to differentiate the types of women. This also implies that a naked
woman is necessarily a "whore, a body always available to men. By
triggering the desire of men - still often presented as uncontrollable - she
becomes the object of the desire, and of this gratification of consuming power.
Therefore, she is powerful because she has a power that man cannot control, so
men reduce her to the ontological figure of a whore, in order to render her
less powerful and more controllable.
The very rare
articles, from former prostitutes, that discuss procurers are very alarming.
And yet, a certain reserve characteristics a large percentage of these few
stories, as if not all could be said.
This, without
a doubt, demonstrates the fear that procurers provoke. They are violent, cruel,
and do not hesitate to threaten the families, adapting their methods to the
beliefs of the family, such as witchcraft rituals performed on African women.
A former
British prostitute explains that procurers mostly use the method of
discrediting the word of survivors. This reduces individuals, and thus causes
others to doubt the veracity of their stories of terrible experiences, which
could affect the glamorous image of prostitution. Clichs representing procurers
as individuals assuming their condition openly, the author explains that in
reality, they have become much more subtle, and therefore more dangerous.
In conclusion, a failed
missionand lots more work
In his book on
the French press, Pierre Albert highlights the existence of "French"
critical journalism of expression and commentary. Yet when the French media
covers prostitution, they are anything but critical. Rather, they merely report
the facts matching many clichs - sometimes tearful, sometimes
liberal-voyeuristic. They rarely question the root causes of prostitution, a
subject remaining rather unknown to the public. The media reflects again and
again the same archetypal representations of prostitution, maintaining the
publics idea that prostitutes are willing and free in their sexuality, instead
of women exploited against their will. Whatever the theme of the article, the
tone is often descriptive, giving great detail on the outfits and shapes
(observed when subjects are female). Photos, always centered on the body of
prostitutes illustrate this desire to expose prostitution, failing to hear or
to really dig into the ins and outs.
The overall
result is clearly catchy, perhaps because the mental representations of
prostitution are, and thus the journalist gives his work not what he sees but
what the reader wants to see him. Or maybe just because it sells.
In 2004, the
Fondation Scelles noted on the subject of prostitution in the media that "l'approche est parfois sensationnaliste
ou misrabiliste ; le got pour l'histoire individuelle, le fait divers teint
de paternalisme, occulte toute analyse de fond sur les causes structurelles et
l'ensemble des acteurs concerns (the approach is sometimes sordid or sensational; the
taste for the individual history, the facts are tinted with paternalism, and hide
the structural causes and all actors)", the conclusions are the same in
2012.
The history of
prostitution shows precisely the vicious circle: the prostitutes are thought of
as willing, a minority of them claim it (who wants to be a victim?);
Sensationalist media reproduce the discourse that readers feed upon and
everyone is convinced of the natural quality of this activity and therefore its
necessity. Therefore, in Causette of
February 2013, 75% of French people consider prostitution as inevitable. As a
result of a lack of consensus, public powers are not able to set up a project
company without prostitution. Media abandon their critical approach on the prostitution
issue. Their eyes on this activity have essentially a self-indulgent, nostalgic
view. Instead of asking the right questions, sorely missing from debates, they
tend to perpetuate stereotypes that ultimately sustain prostitution, by harping
that prostitution is "the oldest profession in the world." Clearly,
there were healers, hunter-gatherers, or midwives before. In fact, this is the
oldest lie in the world.
Sources
- Les
Franais et la prostitution , Sondage IFOP pour Causette, February 2013.
- Albert
P., La presse franaise, La Documentation franaise Ed., Paris,
2008.
-
Baudrillard J., La socit de
consommation, Denol Ed., 1970.
-
Bertini M.-J., Femmes. Le pouvoir
impossible, Pauvert/Fayard Ed., 2002.
- Bousquet D.
(President), Geoffroy G. (Rapporteur), Rapport
dinformation par la Commission des lois constitutionnelles, de la lgislation
et de ladministration gnrale de la Rpublique, en conclusion des travaux
dune mission dinformation sur la prostitution en France, French National
Assembly, n.3334, April 13th, 2011.
-
Chaleil M., Prostitution, Le dsir
mystifi, LAventurine Ed., Paris, 2002.
-
CRIDES/Fondation Scelles, Prostitution et presse : un mariage de
convenance , CRIDES Thematic
Overview, n7, 2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Fondation
Scelles, Limage de la prostitution dans les mdias , CRIDES Thematic Overview, January 2004.
- Legardinier Cl., Bouamama S., Les
clients de la prostitution : lenqute, La Renaissance Ed., Paris, 2006.
- Legardinier Cl., Le plus vieux
mtier du monde, Les points sur les i Ed., Paris, 2012.
- Rastello
C., Affaire du Carlton : les 5 questions que pose laudition de DSK , Le Nouvel Observateur, January 21st,
2012.
The business
market aspect of sexual exploitation is generally underestimated, especially
considering that the globalization of the sex trade is still expanding. Clearly
prostitution is a matter of money from the terms that describe it today, and
clearly procuring, which refers to a brokerage or trading of humans, is a business. But the markets are not
trivial and their commonness should not calm anyone. If the procurer (another
Dutch word (mackerel) meaning "Broker") prefers to be called
"manager" (as is always the case in the Netherlands), and the victim
of the operation is called "sex worker", only the client is described
as what he/she really is – the one who solicits an offer that through its
payments supports traffickers.
Indeed this is a traffic, where the one who benefits is
tightly linked to organized crime. The product being sold is a vulnerable human
being and the buyer is a consumer, who believes in the illusion of an ordinary
transaction with mutual benefits.
The year 2012 has been the time to put into perspective
this reality, mainly thanks to the advancements in the fight against organized
crime.
The UN confirmed these evaluations in 2011 while launching, in July of
2012, its first campaign Criminalit transnationale
organise: Mettons fin leurs activits (Transnational organized crime:
Putting an end to its activities).
The United
Nations, on the occasion of their action "Blue Heart Campaign"
against human trafficking, said that 25 million people are trafficked each
year, with an estimated $32 billion USD profit.
The proposed
measures to try to stop this growing phenomenon are the establishment of a
hotline to report events related to human trafficking, the participation of all
in raising awareness using such networks, and the adoption of social practices
by citizens to refuse to buy goods or services directly or indirectly related
to exploitation.
The United
Nations Office on Drugs and
Crime (UNODC) is particularly invested in this fight and published at the end
of 2012 its Report on Human Trafficking, which demonstrated the universality of
this evil and the scale of the challenges it imposes on those who fight.
The International Labour Organization (ILO), in its
report from July 2012, evaluated the number of victims in the work force related
to sexual exploitation at 20.9 million people, 5.5 million of which are
children.
At the European Plan on March 12th, 2012, the
European Union adopted a proposal for a directive to promote practices of
freezing and confiscating criminal assets, while referencing several economic
evaluations, including the Council of Europe, which amounted to $42.5 billion USD
in profits per year of human trafficking.The European Union evaluates the money
that they have confiscated. For example, in the United Kingdom, 154 million GBP
(close to $242 million USD) were seized in 2009, compared to the total profit
of the organized crimes which is estimated at 15 billion GBP (close to $23.7
billion USD).
The Directive
does not fail to recognize that the total proceeds of organized crime worldwide
in 2009 had reached 3.6% of Gross Domestic Product (GDP) (ie $2.1 billion USD)[15].
Human trafficking is now the third largest source of income for criminals,
after arms and drugs.
In addition,
the European Union published on June 19, 2012 its strategy for the eradication
of trafficking that addresses the issue of criminal profits. It calls for
financial investigations in cases of human trafficking to be actively conducted
by a Europol analysis to help refine the data.
In France, the
viewpoints of public and private institutions responsible for preventing abuses
of criminal money, shed light on the realities of the market of human
trafficking.
The Office Central de Rpression de la Grande
Dlinquance Financire (OCRGDF) emphasizes the current increase in all
traffic (narcotics, major fraud, VAT fraud) and confirms the assessments of UN
on trafficking.
It should be
noted that preventive actions carried out through a public plan by the Organisme de Traitement du renseignement
et action contre les circuits financiers clandestins (TRACFIN) are
dedicated to the fight against money laundering. At the private level,
organizations such as the Mouvement
des Entreprises de France (MEDEF) establish compliance standards for
greater vigilance in daily trade, and companies such as The Body Shop, with its
international campaign "Stop trafficking of children for sexual
purposes," also combat trafficking.
In 2012, the Office Central pour la Rpression de la
Traite des Etres Humains (OCRTEH) dismantled 62 organized networks by
moving more and more towards referral of Juridictions
Inter-Rgionales Spcialises (JIRS).
A national plan against trafficking provides, in line
with the European Directive of March 2011, an awareness of prosecutors and
investigators to the need to concurrently investigate the facts of human
trafficking, research the suspected assets, then confiscate them.
Different actors in the fight against human trafficking
agree that patrimonial punishments have a stronger dissuasive effect in this
area than prison sentences, which are more easily accepted as a risk of this
business.
An operational example studied in 2012 at the REFRACT project, to
strengthen the actions of judicial cooperation between France and Romania, is
noteworthy. The first case was conducted jointly by France and Romania against
a powerful network of rampant Romanian traffickers, especially in the Loiret.
In 2010, the dismantling led to the confiscation and sale of property acquired
by criminals in Romania for the benefit of both countries.
In 2011, a new
case of this type was unveiled. The property of arrested traffickers was also
seized. But this time, the auction of buildings that the traffickers used was
unsuccessful, due to lack of buyers. The message was clear: it was not wise (or
prudent) to purchase the assets of traffickers, for fear of reprisals.
The
establishment in 2010 of the Agence de
Gestion et de Recouvrement des Avoirs Saisis et Confisqus (AGRASC) opens
up real prospects for efficiency by using the most appropriate technical tools
to focus on profits, which are the main goals of traffickers. In the 2012
report, AGRASC reported over 20,000 cases handled, having resulted in the
seizure of about $1 billion dollars worth of criminal assets, furniture, real
estate and financials.
According to
Jean-Marc Souvira, head of the central office for the suppression of major
financial crimes, the total value of seizures related to human trafficking in 2012
is estimated at $3.5 million USD, which is only the beginning.
These economic
approaches should not obscure the central point: this is a market in which the
product that is being bought and sold is a human being. The decreasing age of
victims proposed to a more and more diverse clientele demonstrates the
adaptations to market demands and the growing threat to the most vulnerable:
children, women delivered by their families, migrants in irregular situations
etc.
Being a victim
of sexual exploitation does not stop one from simultaneously or successively
being the victim of other forms of exploitation such forced labor, forced
begging or theft, or trafficking in organs. The latter case is, according to UNODC, affects 0.2% of detected cases
of human trafficking in the world.
A final conclusion can be drawn concerning the 2012 UN
report, which shows the existence of markets for deals powered by national,
regional and trans-regional flows, largely blurring the classic image of
separated countries of origin and of destination. This reflects the rapid
adaptations of organized criminals in the game of supply and demand and further
undermines the effectiveness of international law enforcement cooperation
procedures.
At the top of the chain, tolerating or ignoring the
economic dimension of trafficking has become even more unacceptable; the bonds
of human trafficking with the phenomena of corruption are widespread (a calming
reassurance for the extension of trafficking). At the bottom of the chain, the
injection of criminal assets in the legal economies poses a threat to the very
existence of our democracies.
Sources
- European Commission, Proposal
for a directive of the European Parliament and of the Council on the freezing
and confiscation of proceeds of crime in the European Union, COM(2012)85
final, 2012/0036 (COD), Brussels, March 12th, 2012.
- European Commission, The EU
Strategy towards the Eradication of Trafficking in Human Beings 2012-2016,
Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions,
COM(2012)286 final, Brussels, June 19th, 2012.
- Fondation Scelles, LՎconomie
en danger : les circuits de largent sale, largent criminel de la traite,
Conference proceedings, Paris, May 24th, 2013, www.fondationscelles.org
- International Labour Organization (ILO), ILO 2012 Global estimate of forced labour – Executive summary,
June 2012.
- Souvira Jean-Marc, Commissaire Divisionnaire, Head of
the Office central pour la rpression de la grande dlinquance financire
(OCRGDF), in : Fondation Scelles, LՎconomie
en danger : les circuits de largent sale, largent criminel de la traite,
Conference proceedings, Paris, May 24th, 2013., www.fondationscelles.org
- United Nations Office on Drugs and Crime (UNODC), Global report on trafficking in persons, December 2012.
- The Body Shop, Stop sex trafficking of children & young
people : http://www.thebodyshop.fr/valeurs/trafficking.aspx
-
UNODC, Blue Heart campaign : http://www.unodc.org/blueheart/
-
UNODC, Transnational Organized Crime:
Lets put them out of business: http://www.unodc.org/toc/
The fight against human trafficking is very complex. One
needs a global approach to effectively attack this problem, to take into
account at the same time the need to protect victims of trafficking and to
effectively prosecute traffickers.
Sexual exploitation and
human trafficking
At the international and European level
According to the most recent statistics published by the International
Labour Organization (ILO) in June of 2012 concerning the period of 2002-2011,
one can estimate that there are around 20.9 million victims of forced labor in
the world, of which 5.5 million are children. Concerning the illegal profits
obtained by traffickers, it is estimated that every year in the world, around
25 billion ($33.8 billion USD) are earned, half of which is acquired in
industrialized countries.
Preliminary data collected in the
European Union (EU) in the study conducted by the ILO in June 2012 on forced
labor in the world shows that three quarters of the victims identified in the
Member States of the EU are victims of trafficking for sexual exploitation (76%
in 2010). Women and girls were the main victims between 2008 and 2010; victims
were women in 67% of cases.
In the Southeast of Europe
In 2011, in Southeastern Europe, the number of persons
prosecuted increased by 29% compared to 2010, despite the difficulties faced by
countries in the region to effectively prosecute traffickers. The regional
dimension of the phenomenon is remarkable, considering the fact that most
streams are intra-regional. Internal trafficking in countries is increasing, with
an overall growth of 17% in 2011, though it is still two times lower than
transnational trafficking. Sexual exploitation is the main form of exploitation
in the region.
Thus, sexual exploitation is now the most common form of
exploitation in the countries of southeastern Europe, with over 50% of the
victims identified in the region. The top ten countries of destination for
trafficking from southeastern Europe are Spain, Italy, Germany, Greece, Czech
Republic, France, Cyprus, Poland, the United Kingdom, and Austria.
Among the most important countries of origin, one can
find the Republic of Moldova, Albania, Bulgaria, Romania, and Ukraine.
The main forms of prostitution reported in the area are
street prostitution, brothels, cabarets, clubs, and luxury prostitution
(escorts girls etc.).
It is also noted that the massages concealing prostitution
activities are also increasing.
One of the most recent trends in sexual exploitation is
that the total number of victims has decreased in the Southeastern Europe in 2011.
According to official statistics, the decline is particularly important in the
Republic of Moldova, Serbia, Ukraine, Albania and Romania.
New phenomena also appeared in the region in recent
years, such as internal trafficking of minors, particularly girls, due to the
increasing use of social networks by adolescents. The increase in the number of
child victims of trafficking, including Serbian in the Western Balkans, is of
particular interest to the authorities in the region trying to implement appropriate
policies, with particular emphasis on the prevention of trafficking.
Recruitment methods and
profiles of victims
In Albania, but also in Bosnia and Herzegovina, the main
mode of recruitment is the false promise of marriage. Traffickers, in Bosnia
– Herzegovina for example, often use a variety of means to coerce their
victims to obey, such as making them be addicted to drugs and alcohol.
In Greece, young victims of sexual exploitation, the
women, are often recruited by ads, travel agencies, or employment agencies.
In Slovenia, traffickers hide their victims in
apartments, and then employ them in their nightclubs and cabarets to legalize
their stay in the country very quickly.
In Bosnia and Herzegovina and Moldova, for example, many
victims are minors from families with only one parent, usually the mother, or
families in economic distress, social, and particularly vulnerable; but there
are also unaccompanied and neglected minors or handicapped adults.
Mode of transport of the
victims
Most victims legally enter the territory where they are exploited,
with genuine identification documents. It is only once they have reached their
destination that they are notified of the amount of their debt to the
traffickers, pushing victims into prostitution in order to reimburse their
traffickers.
In most cases, these young women are willing to
prostitute themselves because they are completely destitute. In case of
disobedience, traffickers do not always use physical force, but the threat of
financial penalties, giving them barely enough to survive, or psychological
pressure wears on them.
The victims are transported by buses, cars, vans, boats,
or aircraft. Very often they cross the border on foot, to avoid border
controls. Traffickers prefer to transport through the internal borders of the
European Union. For example, victims of Moldova and Ukraine come into Bulgaria,
joining in organized tourist groups.
The traffickers often use the most direct routes to
transport the victims. They do not fear border controls, and the victims are
cooperative, because they do not know what they are arriving into, because they
are vulnerable, and because they are not truly conscious of their situation as
victims.
The traffickers move victims from one territory to another,
depending on the season and the types of demands in the country.
The effects of the crisis on
the market of sexual exploitation in Southeastern Europe
The most profitable activity of organized crime – prostitution
and human trafficking crime - developed due to the economic crisis in Southeastern
Europe, Spain, and Greece in particular. The benefits of these crimes have
reached the amount of 650 million ($878 million USD) per year in the
countries of the region in the years 2007 and 2008. In 2011, internal sexual
exploitation in Bulgaria has fallen, although it should be noted that most of
the revenues from domestic markets are still generated by foreign visitors.
During the period 2010-2011, there was a shift of market
exploitation of the Balkan countries, especially Bulgaria. The market related
to the sexual exploitation began to fragment. As a result, small groups of procurers
appeared at the expense of major criminal networks.
The economic crisis has reduced the demand for paid sex
and the income of organized crime fell. In 2009, revenues from domestic markets
decreased by 50% to 70% compared to previous years. A smaller number of
customers were found in the border regions of Greece.
To compensate for the loss of income, criminal groups
have expanded trafficking networks in foreign countries and developed through
the use of internet, allowing them to provide sexual services, and recruit and
control prostitutes. Ensuring a greater anonymity, the internet poses severe
risks for the future.
Facts and statistics on
sexual exploitation in the region
Southeastern Europe is a region in transition where
economic development and the welfare system are not homogeneous. These
imbalances are a breeding ground for all forms of human trafficking.
Illiteracy, domestic violence and discrimination are aggravating factors.
Taking advantage of the vulnerability of populations who are in search of
better living conditions and who desire to emigrate, traffickers have
increasingly use "soft methods" such as emotional blackmail, and
manipulation, making the work of the courts to obtain a conviction more
difficult.
Geography of seasonal sexual
exploitation
In the southeast of Europe, seasonal exploitation is
mainly found in the countries closest to the Black Sea and the Adriatic Sea. Nowadays,
criminal networks have practically completed a "market study" to
establish their criminal activities on the development of tourism in booming
resorts. Their profits are maximized through the flow of tourists during
holiday periods.
In Bulgaria, sexual exploitation, for
example, is mainly concentrated in the large regional centers of Sofia,
Plovdiv, Varna, Burgas, in winter sport resorts and in areas that are along the
Greek coast.
The case of Ukraine
In Ukraine, there are about 2,000
prostitutes operating in the streets of Odessa during the low season. This
number reached 6,000 during the summer. Criminal networks organizing mass
arrivals of young women from Russia, Belarus, Ukraine, Moldova, and forcing
them into prostitution in hotels, nightclubs, and cabarets. Very often, during
this period, the Ukrainian victims, usually operated in Odessa, are sent for 3
months in other parts of the world, such as the Persian Gulf and the Middle
East. Criminal networks then provide the victims with visas and organize the
entire business process, from recruitment to travel through the housing and
placement operations. Criminal organizations effectively operate seasonal
interest centers for significant flows of foreign tourists during the summer and
winter holidays. This allows the procurers to temporarily renew the
"stock" of people locally prostituted and increase operating rates
over very short periods.
The case of Romania and of Bulgaria
If one now examines Romania and
Bulgaria, one will see that both countries have recently become destination
countries for seasonal sexual exploitation. The coast of the Black Sea is
actually a very attractive site and criminal networks have developed their
activities in this area.
The Western Balkans
In the Balkans, the situation along the Adriatic coast is
similar to that along the Black Sea. According to Bosnian NGOs, teenagers of Republika
Srpska are regularly "leased" in the summer by their parents or legal
guardian for a few hundred dollars to serve in the cabarets of coastal
countries. It is important to note that the victims, according to their age,
but also their specific characteristics (sex, origin, "skills") will
be moved from one country to another, so that traffickers maximize their
profits.
Obstacles in the fight
against trafficking for sexual exploitation
Most of the time, the victims of sexual exploitation
refuse to cooperate with the police, even when their procurer is arrested
because they do not see themselves as victims of trafficking. This is a real
problem for the police and the judiciary, which requires a greater number of
preventive measures for potential victims of trafficking. In fact, victims are
often reluctant to accept help from NGOs, and, because of the psychological
trauma they have suffered, they are likely to return to prostitution, even
after the arrest of their procurer.
The extent of corruption
Among the major obstacles in the fight against
trafficking nowadays there is the corruption, the power of foreign mafias, the
accommodating attitude of the authorities towards traffickers, and the
migration policies implemented. Mafias have invested heavily in the coastal
areas of the Western Balkan countries to build hotels and luxury resorts in
which they can develop sexual exploitation networks. In addition, in many
countries, the migration policies in place do not necessarily respect the
rights of trafficking victims which, according to the Palermo Protocol[16],
should be protected, regardless of the status they have in the country in which
they live. This is how many victims are illegally arrested and deported without
any form of protection.
Criminalization, and the
trivialization, of prostitution which isolates victims
Some countries criminalize prostitution and often view
those who were sexually abused as offenders, who have committed offenses
against morality. The victims of sexual exploitation do not then have the
pleasure of enjoying all their rights. Instead, measures worsen their
precarious situation by criminalizing.
In other countries, the laws in force accept and regulate
street prostitution, which also represents a danger to the victims.
Prostitution and its consequence, sexual exploitation, become commonplace. So
much so that the fight against this phenomenon is not even a priority for the
authorities, given the fact that the victims are "willing" to
prostitute themselves and entering the criminal networks
"voluntarily."
The use of the notion of
voluntary victims
The concept of voluntary victim is often used in
different countries. The argument put forward is that the victims freely join
sexual exploitation networks, while the increasing use of soft methods, such as
manipulation and intimidation, require a more complex understanding of the
phenomenon of sexual exploitation. Many victims refuse to be treated as victims
for a variety of reasons: fear of reprisals, psychological control of the
trafficker, or insufficient knowledge of the phenomenon of trafficking. All
these factors have obviously not changed their status as victims. In fact, the
concept of abuse of vulnerability lies at the heart of the definition given by
the Palermo Convention and its protocols; it is considered one of the main
means used by traffickers to enslave their victims.
The fight against human trafficking for sexual purposes,
which today is the main form of exploitation in Europe, should be different
from those that apply to the prostitution policy. They should also involve the
strengthening of multidisciplinary cooperation, both nationally and
internationally.
Sources
- CRIDES/Fondation Scelles, Revue de
lactualit internationale de la prostitution, 2012.
- UNODC, United Nations Convention against
Transnational Organized Crime and the Protocols Thereto, Nations Unies,
2004.
http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-f.pdf
Unfortunately, most of human trafficking and procuring
affairs now take place over the internet. Cybercrime is one of the worst
violations of human dignity, which explains the strengthening of the training
of judges in this area. Recruitment agencies are multiplying online. It is
important to note that procurers are often using social networks to more easily
approach girls, while taking advantage of the innocuous first impression. In
fact, sex offenders are at first "friends." This virtual prostitution
is constantly developing with the explosion of web 2.0.
The concept of community sites, forums, and other social
networks specifically allow free communication between people. This freedom
lends itself to discrete offers of prostitution on sites, such as classic
dating sites that do not monitor their services. The free interaction between
users and the absence or lack of control of content facilitates this activity
and the proliferation of networks. This new phenomenon of prostitution is
growing, especially since it is not necessary for a procurer to have his own
website. Indeed, a simple conversation in a chat room with a webcam can
suffice. Thus some dating sites become virtual "sidewalks" that allow
criminal networks to carry out their illicit activities within the technical boundaries.
Online prostitution is a booming business with hundreds
of agencies registered in Europe and on websites. Tens of thousands of women
are included in the directories –mobile phone numbers of prostitutes are
displayed clearly on the internet. With one click, one can access platforms
with real escort catalogs by country. Many of these sites are American.
Comments often accompany the photos, stating that some "escorts" are
independent. This phenomenon is international and, if one may identify some
emblematic court cases for the period, it is clear that most of the time the sites
continue their activities despite court rulings or they simply reappear under
other names.
The preceding tendencies are confirmed in Rapport mondial sur lexploitation sexuelle[17],
with a questioning of the activities of escorts as being as independent as
they are often described.
The common thread in escort situations is the valuing of
the supposed relationship between the client and the prostitute, which suggests
at the same time the autonomy of the person one pays, conducive to fostering
good customer consciousness, and the existence of a free contract between two
individuals who trade a voluntary service.
This unmarked picture on the internet suggests that prostitution is a pleasant
occupation that allows you to make very satisfying encounters and experience
moments of pleasure.
One can also highlight the ease of one-click access to
the rates of sexual services, with variations on some sites. For example, the
offering of an hour called "quick" for 250 ($340 USD), the offering
of "temptation" for 500 ($675 USD), and the offering of
"weekend" for 5,000 ($6,752 USD).
In 2012, there were 15 judicial hearings of procuring and
human trafficking online. Some sites remain fully active and simply reappear by
changing names. At the judicial level, it may be noted that cases of
cyber-trafficking and cyber-procuring are often with an international
dimension, as installations of networks are increasing through the internet.
Several digital businesses also have their origin in massage parlors.
Examples of cases of cyberprocuring
and cybertrafficking
In June 2012, 12 women were arrested in Paris, 9 of which
were in massage parlors. They were suspected of procuring in particular gang,
of concealed work, of assistance to foreign illegal residences, and of illegal
practice of medicine. Following the investigations beginning at the end of
October 2011, the investigators of the Brigade de Rpression du Proxntisme (BRP) and the Groupe
d'Intervention Rgional de Paris (GIR 75) had discovered massage parlors
situated in the middle of many boroughs in Paris that offered natural massages
by young Asian women who, with appropriate financing, would provide sexual
services costing between 80 to 220 ($108-$298 USD). These massage parlors had
the same managers and employees, the same web host, and the same advertisements
on their sites. Investigations have revealed that the real network manager
opened exhibitions by installing a straw man manager or his associates, who
pretended to control the parlors. It provided the site advertising via internet
and after two months of operation, resold shares to its employees, to open new
facilities.
Several networks of procurers, who were exploiting
Brazilians, were also dismantled. It was through an internet site known for
little announcements where one could find a housekeeper, that these ads for
services by young girls priced at 150 ($202 USD) per hour were posted. The
booking for the meeting was done over the phone, which was often based in another
country. These advertisements with photos and measurements were entirely
managed by procurers, who directed girls towards middle class or high-end
hotels, where they met their clients that they acquired from the web. After
many long hours of observation in hotel parking lots, the police determined
that the main procurer was based in Spain and he controlled his business
through the internet. Six females prostitutes worked for his company and he
took most of their monthly pay, between 3,000 to 12,000 ($4,052-$16,210 USD).
A significant increase in
cases handled by the juridictions interrgionales
spcialises (JIRS)
These courts have tried, for the period of
reference, fifteen international business networks, for making online catalogs
of women delivered on the Web to international customers. Legal qualifications
are generally those used by organized gangs procuring and human trafficking.
Compared to 2011, it gradually appears that
investigations on financial flows related to these illegal activities are
carried out and that the legal characteristics of laundering and illegal
practice of bankers are determined. More deterrent confiscations of criminal
assets must be a priority because cyber procurers are make large profits from
this trafficking.
It is essential to strengthen the capacity of the police
and national gendarmerie (branch of the French Special Forces in charge of
public safety) to perform against the internet network, as more and more sites
have elements to allow offenses characterized by procuring and human
trafficking. These services are
largely under-sized, despite the establishment for over ten years of the Office central de lute contre la criminalit lie
aux technologies de linformation et de la communication (OCLCTIC), the
Division nationale pour la rpression des atteintes aux personnes et aux biens (DNRAPB), and within the national
gendarmerie the Service technique de
recherches judiciaires et de documentation (STRJD) who has had a cybercrime division
since 2010.
Finally, it should be noted that JIRS have
concurrent jurisdiction to the courts of common law. Sometimes non-specialized
judges are in charge of such cases, which makes it complex or difficult to
handle. The presentation of these court cases calls on a number of different
services and should draw a number of conclusions for criminal policy to
consider. For example, a systematic referral of JIRS of a complex international
dimension requires contacts with Interpol, Europol, and Eurojust.
Sources
- Chawki M., La
traite des tres humains lՏre numrique, de Saint Amans Ed., 2012.
- CRIDES/Fondation Scelles, Revue de lactualit
internationale de la prostitution, 2012.
- Neuer L., Internet, nouvel eldorado de la
prostitution , Le Point, December 19th, 2011.
- Qumener M., Charpenel Y., Cybercriminalit,
droit pnal appliqu, Economica Ed., 2010.
Though child
prostitution[18]
proves difficult to understand, due to the circulation of minors and the often
underground character of this form of sexual exploitation, it is estimated that
the number of child prostitutes in the world stands near three million. Even
more alarming, 50% of those concerned are believed to have begun prostitution
under the age of 18, and the average age of prostitutes is between 13 and 14
years old on the global scale (Le Monde,
27 janvier 2012).
Though France
is well equipped with an arsenal to repress this phenomenon, which was recently
denounced by the Association Contre la Prostitution des Enfants (ACPE) in an
open letter addressed to Valerie Trierweiler, it cannot fully escape it (Le Nouvel Observateur, June 10th,
2012). According to the ACPE, there are 6,000 to 8,000 minors prostitutes on
French territory. These children are both male and female, regular and
occasional workers, and are present in the nations capital, which contains
roughly 1,000. Despite difficulties
in gaining reliable numbers on this illegal activity, it is estimated that 70
to 80% of these children are foreign-born, with many coming from Asia, Africa,
and Eastern Europe.
Facilitated by
the vulnerability of minors, the rapid growth of the Internet and highly
precarious socio-economic situations, child prostitution is not solely the
product of criminal activities. Numerous children are in fact exploited by a
close friend or family member. In December 2012, LEst Rpublicain reported a case of a 17 year-old minor who was
working in prostitution under the constraints of her oldest sister in
Montbliard. In addition to the victims of foreign trafficking networks,
isolated minors are also the principal party exploited by child prostitution.
In October 2012, 17 people were taken into questioning in Isere for facts
related to the procuring of minors who had run away from home (Le Figaro, October 1st, 2012).
Many young female victims are also victimized by men with whom they had fallen
in love, as shown by the loverboys
phenomenon. In September 2012, the correctional tribunal of Avignon condemned a
17 year-old boy to 30 months in prison for having seduced and convinced
numerous young girls prostitutes (La
Provence, September 20th, 2012). Even prostitution which is
deemed voluntary and pre-prostitution behaviors are developing in a
disturbing fashion and appear to affect all social backgrounds. Due to the particular forms of practice,
the supply of sex services in exchange for non-monetary compensation (housing,
consumer goods, nights out, or drugs) young persons working in these schemes
are often unaware that they have stepped foot into the world of prostitution.
The diversity of
international texts
Numerous
international texts demonstrate the will of states to create a better system of
taking responsibility for victims of child prostitution.
Within the
United Nations, the International Convention on the Rights of the Child (UNCRC)
puts the obligation of protecting minors against all forms of sexual violence
and exploitation onto the shoulders of individual countries. This convention
nevertheless lacks the ability to have a direct effect, in so far as it gives
great freedom to individual countries.
Complementary to the UNCRC, the optional protocol of May 25th,
2000 on the sale of children, prostitution and child pornography, defines child
prostitution clearly. It emphasizes the necessity of countries to protect the
rights and interests of minor victims, by promoting the development of adapted
legal procedures, allowing the severe punishment of adults involved in these
acts of prostitution committed against those younger than 18. Highlighting the
importance of increased awareness in the public and interstate cooperation, the
protocol of May 25th 2000 had a direct effect on the internal
legislation of signing countries. In France, the law of March 4th
2002 relative to parental authority took the recommendations of this text into
account to suppress the involvement of young persons in prostitution.
Within the
European Union, the Charter of Fundamental Rights of December 7th
2000 gives children a collection of rights including the right to protection
and care. The decision relative to Combating the Sexual Exploitation of
Children and Child Pornography of
December 22nd, 2003 obligated states to incriminate child
pornography, whose definition is now spelled out clearly within the Unions
legal framework. In addition to the Recommendation on the Protection of Minors
from December 20th, 2006 and the Directive of December 13th
2011 relating to combating sexual abuse, the sexual exploitation of children,
and child pornography signifies the will of the European Union to increase
their responsibility for minors who are victims of prostitution. Beyond its
section dedicated to the reduction of child prostitution, the directive
highlights the importance of prevention and insists on the necessity of
providing aid adapted to minors, an aid which continues, as long as the child
is not reestablished. Countries also remain free to take additional measure
that they judge to be well adapted for the betterment of their responsibility
toward child prostitutes.
Within the
European Council, the Convention for Combatting Human Trafficking of May 16th,
2005 includes a certain number of dispositions directly related to taking
responsibility for victims of sexual exploitation. It imposes on nations the
obligation to take necessary measures for identification (article 10) and for
assisting those who are victims of prostitution. This text also obligates the
concerned parties to take the necessary measures to allow the assistance of
victims in their physical, psychological and social reestablishment, while
taking into account the specific security needs of those concerned. The
convention also stated that the assistance given must take the individual needs
of children into account, and cannot be given in exchange for a victims legal
testimony (article 12). It is expected that the aid given to victims of human
trafficking will include a reliable and appropriate form of housing. Though the
convention is not specifically dedicated to combatting child prostitution, the
Recommendation (2005) of the Committee of Ministers to member states on the
rights of children living in residential institutions also put forward numerous
measures which take effect once a child forced into prostitution is removed
from his or her familys custody by legal decision. The recommendation notes
that each placement must guarantee the full respect of the childs fundamental
rights. According to the recommendation, placing a child outside of his or her
home is justifiable only in cases where the current environment is a direct
exposure to danger. More recently, the Convention of the Protection of Children
Against Sexual Exploitation and Sexual Abuse reinforces the mechanisms used in
combatting sex tourism. Finally, a program entitled Building a Child-Friendly
Europe: Turing a vision into reality (2012-2015) was put into place in order to
keep track of the efficacy of existing precedents concerning the rights of
children.
An application judged
satisfactory on an internal level
Despite
numerous international texts, it is clear that the protection of child victims
of sexual exploitation is often far from efficient on the national scale. The
responsibility that the state owes to its children appears insufficient in
numerous developing countries.
However, the
recommendations enunciated on an international level are not without effect;
numerous countries armed themselves with a set of laws meant to reduce the
number of adults involved in acts of prostitution against children. In France,
for instance, article 13-I of the law passed on March 4th, 2003 relating
to parental authority states that, child prostitution is prohibited within all
territory of the Republic. This statement, however, is not meant to punish
child prostitutes for their acts, since they are considered to be the victims.
The only group whose acts are targeted, therefore, is the client.
Though this
arsenal to reduce child prostitution is self-evidently necessary, it remains
insufficient to assure the effective protection of child victims of sexual
exploitation. The application of appropriate help remains fundamental to allow
children to definitively leave the infernal circle that is prostitution.
The difficult detection of
cases involving child prostitution
Conditions
prior to taking responsibility for the victims of child prostitution –
their detection and their identification – remain hitherto insufficient.
In a 2011 report on the sexual exploitation of children in France, the Special
Rapporteur of the UN, Najat Maalla M'jid, highlighted that the extent of child
prostitution within French territory was difficult to determine due to the
official data on the subject. The clandestine nature of this phenomenon is
often an obstacle to better understanding on the part of public powers. The
facts at the heart of a decision rendered by the Appeals Court of Paris[19]
on March 13th 2012 signify these difficulties. In effect, the
personnel of a hotel where young Romanian women were forced to become
prostitutes never revealed this fact to authorities, though they admitted to
having known about what was taking place. The general inability to spot alarm
signals constitutes an additional barrier to the evaluation of this specific
type of prostitution. In France, there exists neither formalized procedures nor
established criteria for the identification of minors forced into prostitution.
French legislation
is not, however, exempt from the rule of law concerning this material.
Generally, the detection of cases of child prostitution involves police
authorities as much as institutional or associative actors. The Penal Code
states that mistreatment and sexual acts committed against a child younger than
15 years old must be denounced through the punishment of penal sanctions as an
offence punishable by three years of imprisonment and a 45,000 fine.
According to certain associations, the processes of signaling cases of child
prostitution authorizes all those who have knowledge of child prostitution to
warn health professionals who can follow up with administrative or legal
authorities. The process of filing a complaint regarding one or more of these
legal infractions, meant to inform public prosecutors, should help the process
of detection as well. The following parties are also capable of bringing to
light acts of child prostitution: the victim, their parents or legal guardian,
and any institution that aims to aid children in danger, which has functioned
for five months or more (article 2-3 CPP). In practice, however, the victims
remain hesitant to turn toward legal or administrative authorities, fearing
their deportment or revenge on behalf of their traffickers. Given that NGOs
encourage the steps taken by the victims, in practice they play a major role in
contacting police and local authority services. The memorandum of February 5th,
2009 addressed by the Minister of Immigration to the prefects and general directors
of police forces, calls upon these actors to allow the intervention of
associations recognized for their assistance to victims. The defender of
rights, in charge of assuring the respect of rights and liberties, is also
called upon to play a theoretical role in the processes of taking
responsibility for child prostitutes, insofar as it is his or her
responsibility to hold the magistracy responsible, which appears to best
justify the application of educative assistance measures.
French
authorities keep track of the work that is done to help child victims of sexual
exploitation. They indicate that putting Romanian police forces at the
disposition of the Parisian police prefecture since 2011 has helped facilitate
the identification of more than 200 young persons originating from Romania.
Certain projects aiming to facilitate the detection of child prostitutes also
merit citation. Such is the case of the memorandum Human Trafficking: Bringing
down those responsible and protecting victims which was distributed to all
sections of the French gendarmerie and which contains precise directives with
respect to the identification and protection of victims. In the same framework,
a guide elaborated by the ECPAT-France and the Brigade de Protection des
Mineurs (Brigade of Minor Protection) was distributed in 2012 in order to
facilitate the work of police detecting victims of human trafficking.
The absence of an
institutional actor specialized in taking responsibility of child prostitution
Even though
there does not exist a specific structure dedicated to child prostitution in
the institutional framework of France, the need for one is not unknown by
public authorities. Associations recognize Frances high level of involvement
in the fight against sexual exploitation of those less than 18 years old.
The law of
March 4th 2002 relative to
parental authority states in article 13 II that, All minors who take part
in prostitution, including those who do so occasionally, are deemed to be in
danger and must be granted the protection of juvenile judges under the
educational assistance procedure. Considered by French legislation as a victim
that must be protected, the child prostitute benefits in full right from these
protective measures. The diverse institutions of child protection, whether
administrative or legal, have the duty to intervene in order to care for and
aid minors in distress.
After the
child, his or her parents, or public prosecutors signal abuse, the Juvenile Judge can take urgent measures
in order to preserve the health, security, or the morale of the minor in
danger. The child who is the victim of acts of prostitution will often be
placed in a center specialized for the ordinances of article 375 of the civil
code. In case of emergency, public
prosecutors may also order the placement, as a provisionary placement which
will then be confirmed or annulled by a juvenile judge within a maximum of
three weeks.
Responsible
for, questions concerning the justice of minor and the communication between
institutions intervening of behalf of justice,[20]
the Direction de la
Protection judiciaire de la Jeunesse (DPJJ - Direction of the
Legal Protection of Youth) is also called forth to play a major role in taking
responsibility for child prostitutes. In addition to its diverse actions of
education and reintegration, it is the Directions responsibility to apply the
decisions of legal tribunals for children regarding their placement in the
1,500 existing structures. The child victim can also be referred to social help services for children (ASE
- Aide social lenfance). Aiming to propose a material, educational and
psychological support system to minors confronted with social difficulties
(L221-1 of the social and familial action code), the ASE can also reunite the
child with a member of his or her family, or welcome the child into a
specialized establishment.
This placement
seems to be, in practice, the measure which is most often applied by juvenile
judges in order to protect the victims of child prostitution. The appeals court
of Rouen, on November 9th, 2009[21]
confirmed the placement of two minors after the process of investigating and of
educational orientation previously ordered concluded that the actions of two
children, in a precarious context, revealed how horrible their prostitution
scenarios were.
The role of welcoming
centers for the protection of children, taking concrete responsibility for
child prostitutes
In terms of
assisting victims, authorities intervene frequently according to the bias of
the NGO that supports them. Generally, these are organizations that offer
assistance and legal counsel to victims. Taking concrete responsibility for
victims is centered on three separate axes.
Access to care and psychological support comprises the first axis.
In a report on the health concerns of prostitution presented in December of
2012 to the Minster of Womens Rights, Najat Vallaud-Belkacem, the Inspection
Gnrale des Affaires Sociales (IGAS - General Inspection of Social Affairs)
stated their concern for, the situation of young minors becoming prostitutes.
Beyond the inherent risks of prostitution (HIV, hepatitis, violence), child
victims are increasingly affected by pathologies stemming from precariousness
(respiratory problems, addictions, or psychological disturbances). These
problems develop as a result of isolation, precarious housing conditions, and
the clandestine nature of their work. The inexperience and misunderstanding of
the young eventually limits their possibilities of accessing means of
prevention and care.
Frequently
exposed to violence, victims often appear incredibly fragile on a psychological
level. In this way, in a decision handed down on December 6th 2012
by the Appeals Court of Paris[22]
a young Romanian girl named Daniela X was called to testify against a man she
had met in a nightclub in Romania. Taken into questioning by the police, the
young girl was placed into state housing. Psychological reports put together on
her behalf revealed egregious difficulties: loss of appetite, headaches,
stomach aches, difficulties sleeping, inability to form relationships with
adults or peers. In order to determine the influence the acts had on her
health and personality, and in order to guarantee her placement in an adapted
treatment center, article 706-48 of the procedural Penal Code states that the
child prostitute may be subject to expert medical-psychological examination.
Though it is optional, these examinations on behalf of experts are often
ordered by the public prosecutor during the stages of investigation, or by the
judge.
The second
axis of taking responsibility for the child victims of sexual exploitation is education. Education appears as the
necessary condition for the reintegration of young children who are often not
attending school. Aiming to reintegrate the minor by placing him or her into
the daily life of a group, the procedure of educational assistance supposes
prolonged individual surveillance adapted to the personality of the victim.
Numerous welcoming centers work in order to house and professionally educate
young victims of sexual exploitation in order to give them the chance to leave
prostitution. Working directly with the DPJJ and the services of the ASE, the Lieu dAccueil et dOrientation (LAO) of
foreign, isolated minors that is run by the Red Cross of Taverny receives young
minors who were placed into state housing due to their involvement in
prostitution. In general, this undertaking of educational responsibility
appears effective. According to a study conducted by the NGO Hors la-Rue in 2005, out of 418
isolated minors, 90% of those placed received an education and short-term
professional skills trainings.
Taking
responsibility for child prostitutes rests similarly on the third axis, information and accompaniment in all steps.
The goal is to establish a dialogue with the child in order to explain their
rights and the procedures that may help him or her, especially when the child
in question is an immigrant.
If the child
victim has the right to be housed in a home provided by the services of ASE,
associations unfortunately acknowledge that there does not exist similar
procedures of secure welcoming applicable to adult victims of human
trafficking. The project of the Off the
Streets foundation, aiming to allowing child victims to live far away from
their exploiters, has not achieved its end. In practice, placement does not
allow associations to fully take children out of the hands of sexual
exploitation networks. The members of these networks willingly try to contact
and convince minors to return within state housing.
As with any
other child, those who are exploited are also entitled of specific rights,
including the right to be heard by the French justice system. Once a child is
in the custody of the institutional actors or association, the child must be
informed of his or her rights according to article 388-1 of the civil code,
following the law of March 5th, 2007 relative to the protection of childhood. The child victim also has
the right to an attorney (article 388-1 paragraph 2, Civil code and article
20-2 of the Directive of 12/13/2011); it is important that the child can
benefit from legal counsel and from appropriate defense. This right appears
similar to the right of a child to be accompanied throughout the investigation
or judicial hearings (article 706-53 Penal Code and article 20-3 paragraph f.
of the Directive of 12/13/2011). The goal of this accompaniment is twofold: to
reassure the child with the presence of a family member or specialized medical
professional, and to facilitate the work of investigators. Despite these rules
and regulations laid out by law, numerous associations cite the rare
application of these procedures in cases involving child prostitution.
While judging
the satisfactory measures put into place, certain associations regret that
the application of these measures remains insufficient, due notably to a lack
of means and the absence of coordination between independent actors responsible
for child protections services. In a report in 2002 on public politics and
prostitution, the French senate highlighted the necessity of raising awareness
of prostitution through information distribution and public campaigns. It
stated the indispensable nature of intervening in schools in order to promote
an egalitarian education of the problem and recommended to involve the
Ministry of National Education, in order to tackle the question of
prostitution in the framework of a mandatory school curriculum.
Recently, the
report of September 18th, 2012 of IGAS on the health concerns of
prostitution, underlined the necessity of bringing particular attention to
minors and to immigrants in unstable situations, and to better approach the
hidden side of prostitution. This approach sites the importance of Internet
monitoring.
In conclusion,
if welcoming child victims of prostitutions appears to be a first step toward
their reintegration into society, a minority of the children involved in the
underworld of sex work has hitherto received necessary social services[23].
Sources
-
Elle prostitue sa jeune sur pour sacheter un tlphone
portable , LEst Rpublicain,
December 6th, 2012.
-
Il poussait ses copines se
prostituer , La Provence,
September 20th, 2012.
-
La prostitution en pleine expansion, femmes et mineurs en premire
ligne , Le Monde, January 27th,
2012.
-
Lettre ouverte Valrie
Trierweiler : et si vous souteniez les enfants prostitus ? , Le Nouvel Observateur, June 10th,
2012.
-
Proxntisme: 17 personnes
interpelles , Le Figaro,
October 1st, 2012.
-
Une experte encourage la France mieux protger les enfants contre
lexploitation , UN News Center,
December 2nd, 2011.
-
Aubin C., Jourdain-Menninger D., Emmanuelli J. (Dr), Prostitutions : les enjeux sanitaires, Inspection gnrale des
affaires sociales (IGAS), December 2012.
- Derycke D., Les politiques publiques et la prostitution,
Information report on the activity of the Delegation of womens rights and of equal opportunities between men
and women for the year 2000, No 209(2000-2001), Snat, January 2001.
- Dhervilly L., Cretu
M. R., Hilkens H.-D., Bellet P., Ispas A., Trunk S., Barbier Sainte Marie S.,
Zimmermann M. G., Manual of good
practices concering the reinforcement and legal cooperation in order to fight
against human trafficking, sexual exploitation of children, and child
pornography in the European Union. Project Strenghtening judicial
co-operation in combating trafficking of human beings in the European Union,
European Union specific programme Criminal Justice 2010, Bucharest, 2013.
- ECPAT, Guide
de bonnes pratiques, Lexploitation
sexuelle des enfants des fins
commerciales : dtecter les victimes et initier les enqutes,
in : Rapport dactivits 2012, ECPAT-France, 2013.
- Joseph V., Un sujet peu
trait : la prostitution des mineurs , Les cahiers dynamiques, n.53, December 2011.
- ODeye A., Joseph V., La prostitution des mineurs Paris : Donnes, acteurs et
dispositifs existants, Cabinet Anthropos, Ministry of Justice, October
2006.
- Association contre la prostitution des enfants (ACPE) : http://www.acpe-asso.org
- Council of Europe: http://www.coe.int/aboutcoe/index.asp?Lang=fr
- ECPAT France :
http://www.ecpat-france.fr/ecpat.html
- The French Ministry
of Justice, file: mineur contraint la prostitution http://www.vos-droits.justice.gouv.fr/mineurs-victimes-11965/mineur-contraint-a-la
prostitution-20719.html
Sex
tourists are those who have a tendency to combine Sea, sun and sex. More
precisely, sex tourism generally implies leaving your home region in hope of
buying sex services through prostitution. From that point forward, the term
tourism becomes inappropriate. While tourism implies the joyful discovery of
a different country, sex tourism involves practices that are reprehensible in
both a legal and ethical framework, given these travelers take direct pleasure
from paid sexual relations that often involve minors.
Sex
tourism is the commercial exploitation of children, women, and men, by one or
more travelers out of their home city, geographic region, or country. These
travelers come from all over, and their destinations include numerous countries
around the world. Payment for sex is, by and large, monetary. However, these
marauding exploiters may also pay for their pleasure with clothing, food, or
other means. Transactions take place in various circumstances and environments
(brothels, 4 or 5 star hotels, palaces, etc.). Contrary to preconceived
stereotypes, sex tourists come from all sorts of socio-economic backgrounds.
There are those who are married or single, male or female, well off or
financially insecure, young or old.
Two
types of sex tourism exist. The first consists of the purchase of a sex tour on
the Internet. In Ukraine, for example, numerous Turks head directly into the
country after having purchased these tours on the Internet. They are put up in
hotels, where prostitutes are then put at their disposition. Each night, they
are generally led to different brothels. The second type of sex tour consists
of safaris, which generally take
place in nightclubs. The word safari reveals both the explicit and dehumanizing
nature of the event, given that tourists roam around the city in groups, guided
by locals, in order to capture animals at their will.
A lucrative phenomenon in
full expansion
Tourism,
in the general meaning of the word, is the most important industry in the
world. This is due to the fact that it encompasses multiple interrelated
sectors (restaurants, lodging, and vehicle renting, for example). It employs
more than 8% of the worlds workforce and generates more revenue than any other
sector of the world economy. The last publication of the World Tourism
Organization (WTO) which held worldwide statistics on prostitution in 2012,
highlighted this phenomenon: Throughout the last sixty years, tourism has
experienced a period of expansion and continued diversification, to become one
of the most important and dynamic economic sectors in the world Between 2010
and 2030, it is expected that the number of arrivals in emerging economies will
rise twice as quickly (+4.4% annually) as arrivals in advanced economies
(+2.2%)
For
all of these reasons, numerous countries are looking to use tourism as a
supporting pillar of the economy, investment, and infrastructure development. A
strong illustration of this phenomenon took place June 19th, 2012
when, for the first time in the history of G20 meetings, in Los Cabos, Mexico,
travel and tourism were cited in the final summary provided by world leaders.
In the minds of these men and women, the potential of the travel and tourism
sectors has become clear. It is now seen as a means of creating millions of new
jobs in the world economy, with the capacity to bring in billions of dollars in
additional the Gross Domestic Product (GDP).
Despite
the positive news of economic growth within the sector, roughly 10% of all 900
million tourists in 2011 chose their destinations by taking into account the
countrys market for sex tourism. Since 1998, the International Labor
Organization (ILO) has claimed that, sex commerce took the dimensions of an
industry and has directly or indirectly contributed, in an undeniable measure,
to employment, national revenue, and economic growth. In effect, from a
cynical point of view, it is impossible to find a better illustration of
globalization. Responsive, effective, and lucrative organizations are implanted
in all four corners of the world, perfectly mastering the theory of supply and
demand. These organizations find people in search of work, and supply them with
jobs based upon the state of the market and ever-changing demand.
To
bring this discussion out of its hypocritical state, it is necessary to see how
economic growth from sex tourism is founded on the degradation of female,
child, and male victims of sexual abuse. What is worse, nations appear more
eager than ever to incorporate revenue from prostitution into their annual GDP.
It is unfortunate to note that, by legalizing a part of procuring, Germany and
the Netherlands have made the choice to follow monetary interest placed in the framework
of human trafficking for sexual exploitation. In the same line of reasoning,
FEMEN denounced the fact that abolishing visas took place in order to develop
tourism and open Ukraine to the West. In practice, however, this abolition
additionally contributed to the development of sex tourism.
Finally,
nations deserve heavy critique for allowing sex tourism to develop; for many,
the goal of increasing economic expenditure makes them tacitly complicit in the
industry. Nations often use revenues generated from prostitution in order to
alleviate poor social support, unemployment benefits, or unequal economic
opportunities for women. This practice deserves serious critique, given that
much of this revenue is generated by the exploitation of children. Even though
we know that the number of exploited children in the industry has increased, it
remains impossible to fully portray the problem with hard data. Numerous factors
render data collection difficult. First, sex tourism involving children is an
illegal activity, often spread across the country or run by criminal
organizations. Second, political actors are often embarrassed to admit the
problem, and deny its existence or publically mitigate its importance. Those who
ought to be responsible for bettering the country heavily fear the negative
image that will be generated by admitting the problem. In their minds, an
admission of child exploitation may stagnate the development of tourism.
Sports events, a powerful
motor for tourism
The
cause and effect relationship between large sporting events and the increase in
sexual exploitation is a central question that has become increasingly critical
in the last ten years. It is undeniable that the more a sporting event is publicized
the more it attracts spectators. Given the influx of people traveling abroad to
watch separate events, prostitution often becomes a problem in the areas that
hold international games or tournaments. For the 2012 Euro Cup in Poland and
Ukraine, tourists from the sixteen participating countries made the trek to
watch the event. In the same fashion, during the 2012 Olympic Games in London,
numerous supporters visited the country with personal interests that extended
beyond their preferred sport.
Italians,
Americans, Germans, and French chose girls in hotels that put catalogues of
services at their disposition. These catalogues contained photos and short
introductions of each girl. Clients were able to order whichever one suited
their pleasure, in the same fashion as room service. The only difference
between the two services was that, in this case, women or children replaced
drinks and food.
FEMEN
reported that numerous tourists, during the 2012 Euro Cup, after getting off of
the plane, were directly given numerous offers for massages. They were also
given a map of the city center, by the Office of Tourism, with addresses of
escort services that included photos.
This
solicitation during sporting events is internationally present. Sexually
exploited women, men, and children are present in all corners; in train
stations, airports, parks, the Internet, bars, night clubs, saunas, massage
parlors, hostels, hotels, and brothels. The scene is similar to shopping mall,
in which everything is available at arms reach. While the comparison is
frightening, it is more than appropriate in relation to reality.
To
combat this movement, FEMEN multiplied their actions, since 2012 in particular,
by protesting topless, showing their bodies with slogans such as Fuck Euro
2012. Their fight continues to take place, in order to achieve, the total
eradication of prostitution, the most brutal form of female exploitation, by
criminalizing clients, investors, and organizers of this commerce (Ackerman, 2013).
The dangers of sex tourism
Sexual
exploitation, which is a large part of sex tourism, is ranked third in the
shameful list of the most important illegal industries, following drugs and
arms. There is reason to be alarmed, due particularly to the inherent dangers
of this practice.
Sex
tourism promotes the transmission of sexually transmittable diseases such as
HIV/AIDS, which affect vulnerable children. To illustrate this point, it is
necessary to note that, out of 11,000 prostitutes in Kiev, the capital of
Ukraine, 1 out of 4 is estimated to be HIV positive (Euronews, June 8th 2012). In South-East Asia, entire
villages in Burma have been decimated by HIV/AIDS, partly due to the return of
child prostitutes who contracted the virus in Thailand.
In
addition to the problem of infection, children are increasingly the victims of
sex tourism. According to a study conducted by UNICEF in Costa Rica, 83% of
boys and nearly 79% of girls interviewed have been the victims of sexual abuse
before the age of twelve. Among these persons, 48% began prostitution around
the same age, or beforehand. Most often these children are ethnic minorities,
displaced or marginalized, and come from economically disadvantaged
backgrounds. However, whatever their background may be, these children who suffer
from these treatments are often left with serious emotional, psychological, and
physical scars. They develop feelings of guilt, depression, and occasionally
commit suicide. In addition to having had their childhoods stolen, these
children often find themselves stigmatized within their communities once they
reach the age of maturity. Without the support of their community, they remain
without normal social contact, and cannot fully evolve as a full member of
society, as other children do. According to the NGO End Child Pornography and
Trafficking of Children for Sexual Purposes (ECPAT), if Thailand and the
Philippines enforced their legislation against child prostitution, countries
such as the Dominican Republic, South Africa, Botswana, and Romania would be
particularly affected.
Awareness and repression
The
fight against sex tourism takes place, first and foremost, by awareness of the
problem. In this way, tourists can report crimes committed by others. They have
the opportunity to see illicit acts committed by other tourists and, as a
result, can report to competent authority figures. An agreement was signed June
5th, 2012 between hotel professionals (Accor group), the police (the
Direction de la Coopration Internationale-DCI and the Office central de rpression
des violences aux personnes - OCRVP) and ECPAT France, so that professionals,
receptionists, and hotel managers know how to react in cases of suspicious
behavior. The agreement produced a widely distributed guide on how to spot the
signs of sex tourism. For example, if a single man checks in with an immigrant
child who does not resemble his physical complexion, receptionists are trained
to contact their superiors or, in emergency situations, police and social
services.
From
a strictly legal point of view, numerous countries have established laws to
prosecute tourists who commit crimes of sexual exploitation within separate
countries. A tourist can therefore be held responsible for his or her acts,
whether in his own country or the country in which the crime took place. Legislation
such as this is commendable, in so far as tourists are unable to find countries
willing to harbor them from punishment. It is, in fact, one of the most
important tools in the fight against sex tourism, as it lowers the probability
of a traveler avoiding penalties. With regard to children, articles 34 and 35
of the International Convention of Child Rights call on signatory states to
protect children from all forms of sexual exploitation. The code of conduct for
the protection of children in tourism and the travel industry (1998) that
outlines an ethical framework of information was signed by nearly 600 tour
operators, hotels, and travel agents, within 26 European, Asian, North American
and South American countries.
In
French law, involvement in child prostitution constitutes a legal violation
both in France and abroad (Article
225-12-1 of the Penal Code). Sentences are determined by the gravity of
the infraction[24] and can reach up to 20 years of
imprisonment. International legal cooperation between France and certain
European states such as Bulgaria and Romania has largely demonstrated its
efficacy and has continued to develop over the last ten years. With this
cooperation, states do not limit their investigations according to their
boarders, and are capable of responding against the transnational reality of
sex tourism. Created by a decision of the European Council on June 13th,
2002, a simplified procedure of extradition between member states helped
contribute to the efficacy and development of cooperation on a continental
scale.
A fight that must not back
down
Despite
the mobilization of tourism professionals and a growing awareness of the
phenomenon, notwithstanding the laws developed, sex tourism remains a growing
problem with few legal cases underway. Contrary to all notions of progress, the
trivialization of paid sex, the search of adventures and strong pleasures helps
enlarge an industry, against which many states who value revenue are unwilling
to fight.
In
Ukraine, prostitution, though illegal, involves between 63,000 and 93,000
persons, according to unofficial statistics. But the act remains relatively
unpunished. In addition, no legal cooperation between France and the Ukraine or
Belarus has been put in place. According to FEMEN, On paper, the sex industry
is prohibited, but in reality if there is a brothel next to a police station,
the police will not shutdown the establishment, but will protect it.
One
of the methods to continue the fight and create a strong barrier against sex
tourism would be the criminalization of purchasing sex. The Norwegian model,
inspired by Sweden, introduced a law to achieve this criminalization[25].
Concretely, the Norwegian client that buys sex services in his or her country or
abroad, is committing a crime. FEMEN has convinced a Ukrainian congressman to
initiate a legal project founded upon the idea of client penalization.
With
three major sporting events: the 2013 Confederation Cup, the 2014 Soccer World
Cup, and the 2016 Olympic Games, Brazil is preparing for an influx of tourists,
and everything appears to point toward an increase in sex tourism. An
association of prostitutes is organizing, at this point, language courses in
order to welcome tourists once they arrive. It is therefore necessary to
continue the fight against prostitution, to raise awareness and to hold future
travelers responsible for the issue of sex tourism, focusing in on the
exploitation of children. The Fondation Scelles and other NGOs are calling for
an international concentration of public and private efforts in order to help
cure the scourge of sex purchased abroad.
Sources
- Euro 2012 : le tourisme sexuel en question , Euronews, June 8th, 2012.
- Le personnel htelier mieux sensibilis , 20 Minutes, June 5th, 2012.
- Ackerman G., Femen, Calmann Lvy Ed., Paris, 2013.
- Amnesty
International, Les dossiers de la
commission denfants, n.15, April 2010.
- Bourguignon
N., Brsil : des cours danglais pour prostitues , Le Point, April 22th, 2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- ECPAT, Le tourisme sexuel impliquant des
enfants : questions – rponses, 2008.
- Eolas
(Matre), Tourisme sexuel : que dit la loi ? , Le Post, October 9th, 2009.
- Fondation
Scelles, ECPAT-France, SESI Brsil, Le
tourisme sexuel impliquant des enfants & grands vnements sportifs, October
23th, 2012.
- Legardinier C.
Les trafics du sexe : femmes et
enfants marchandises, Milan Ed., Collection Les essentiels ,
2002.
- Mexican G20
presidency, Sommet de Los Cabos –
Dclaration des chefs dՃtat et de gouvernement, 2012.
- Rouverand B., De la prostitution comme sport collectif,
Max Milo Ed., Paris, 2012.
- World Tourism
Organization (WTO), UNWTO Tourism
Highlights – 2013 Edition, 2013.
The analysis performed by the CRIDES[26]
of the Fondation Scelles, of public and private reports and articles published
in 2012 on the business of prostitution allows us to measure and record sexual
exploitation, in the same style as the previous years analysis. Our analysis
reveals the creativity and cynicism of traffickers, the appetite of clients for
complete legalization, and the increased pressure placed on victims. Three
affairs, updated in 2012, illustrate worrying characteristics:
- Romanian prostitutes
tattooed in France and in Spain (March)
- The offer of a
prostitute for 10 car washes in Malaysia (October)
- The prostitution of a
female orangutan in Indonesia (May)
Panorama of cases
covered by the media in 2012[27]
January |
Channels of human
trafficking and male prostitution (Kenya
– Persian Gulf) An activist is charged
for having proposed sexual services to rural workers (China) The case of a Romanian procurer
(Ireland) |
February |
The boss of Paradise
club in La Jonquera is pursued for evidence of involvement in human
trafficking dating from 2008 (Spain) The arrest of a procurer
who recruited prostitutes in South America through the Internet (United Arab Emirates) The head of a brothel
which reduced 3 Thai women to sexual servitude is sentenced (Australia) |
March |
Case in Fribourg against
a human trafficking network (Switzerland) Beginning of Dominique
Alderweirelds (Dodo la Saumure) trial for procuring (Belgium) The trial of Anna Gristina,
involved in a network of escort girls for Wall Street (USA) The arrest of numerous
members of a Hispanic-Croatian network (Spain) The dismantling of a
Romanian network that tattooed its victims, in the suburbs of Madrid (Spain) A 26 year sentence is
given to the head of a network which sold women to be sent to China (Vietnam) |
April |
The owner of a cabaret
in Fribourg is condemned to 22 months to be carried out in the case of
recidivism, the charges of the director were then dropped, and he was given
6,000 Swiss francs in legal remuneration. (Switzerland) Rapper T-Child sentenced
to 50 years of prison for the prostitution of minors in Chicago (USA) Secret Service agents
questioned and critiqued for having paid for prostitution before the arrival
of President Obama in Columbia (USA) |
May |
A female orangutan, a
sex slave for 12 years in a brothel, is saved (Indonesia) 77 years in prison for 9
people accused of using English minors in prostitution. (United Kingdom) A child prostitution
network is dismantled (Australia) Adolescents are
condemned for procuring minors though the internet under the threat of
physical violence (Canada) |
June |
170 years in prison for
those involved in a child prostitution network (Nepal) Zhang Ziyi, an actress,
sues a newspaper that accuses her of prostitution (China) 5 Romanian procurers are
released from prison (Northern Ireland) 14 Ethiopian victims of
an Israeli prostitution network have been placed in detention since April due
to a problem with specialized housing (Israel) |
July |
2 men testify in a procuring
case in Oxford (United Kingdom) 7 years of prison for
the Chinese owner of 5 brothels where violence and death threats were
employed (Northern Ireland) Arrest of a gangster
nicknamed The Hamster who used prostitutes to blackmail politicians (Bulgaria) |
August |
Revelations in the ERGO
case, in which the German insurer offered vacations to his best employees in
Budapest with female prostitutes (Germany) Arrest of foreign
prostitutes in a club in Beijing (China) The trial of travelers
who had left Bangladesh after forcing a cleaning woman to become a prostitute
(Dubai) |
September |
Police operation against
general prostitution in Meuse-Rhin region (Germany) Arrest of procurers who
forced minors to become prostitutes (New
Zealand) A new case takes aim at
a Nigerian network (Spain) A car wash offers a
loyalty card that gives clients the right to a prostitute after 10 visits (Malaysia) The trial of French
pedophiles in Marrakech (Morocco) |
October |
Dismantlement of a
transsexual prostitute network from South America (Italy) Dismantlement of
numerous human trafficking networks (Switzerland) A man and a woman
auction off their virginity to rescue those without proper housing (Brazil) 4 men arrested for
murdering an adolescent who refused to become a prostitute (Afghanistan) |
November |
4 persons condemned
after the dismantlement of a Romanian procuring network (Belgium) A procurer is condemned
to death. He worked as a government employee by day, and a karaoke bar
manager by night (China) Chinese massage parlor
networks hid numerous illegal brothels (The
Netherlands) Installing of parking
meters for street prostitution in Zurich (Switzerland) |
December |
Dismantlement of a child
prostitution network (Canada) Procuring network on the
Internet is dismantled (Indonesia) A scandal is launched
after the acquittal of 13 people suspected of kidnapping and prostituting
young girls for VIP clientele (Argentina) Dismantlement of a
network exploiting Korean women for prostitution and the pornography industry
(Taiwan) |
Panorama
of highly covered cases in France (2012)
January |
Condemnation of Brazilian procurers
(Brest) Dismantlement of a Cameroon
prostitution network (Caen) Two Chinese prostitution networks
discovered (Paris) Closing of a libertine club Les
Chandelles that used prostitutes (Paris) |
February |
Condemnation of Claudia head procurer
(Marseille) A prostitute is sentenced for
violence against a handicapped client (Mulhouse) Arrest of a procurer recruiting on
the internet under the guise of being a racy photographer (Troyes) |
March |
New
prostitution networks in Bois de Boulogne (Paris) Dismantlement of a Romania network (Bordeaux) Sentencing of 3 police officers for
violence against a female prostitute (Colmar) |
April |
Arrest of Spanish procurers selling
Mexican prostitutes on the internet (Tarbes) Arrest of Hungarian procurers
offering young women from the East (Metz) Two prostitution networks
discovered (Isre) |
May |
An investigation is launched
against two men accused of assaulting 13 prostitutes (Versailles) Dismantlement of a prostitution
network in Roma camps where nearly 100 women were exploited (Bziers) |
June |
Dismantlement of a prostitution
network in massage parlors (Paris) One year of prison for a man
recruiting prostitutes through chats with young girls online (Nanterre) Seizing of a pavilion where an
oriental cabaret involving prostitution was organized (Sevran) |
July |
Dismantlement of a network (Vigneux) Prosecution of two Chinese women,
one of whom had a fake Portuguese passport, who instigated prostitution in
massage parlors (Caen) Arrest of two authors of a Chinese
prostitution subsidiary who proposed sex services by SMS (Lyon) |
August |
Zahia affaire: Ribery and Benzema
are sent back to prison for solicitation of child prostitution (Paris) A Chinese prostitution strangled (Paris) A Romanian prostitute stabbed (Grenoble) |
September |
One person arrested and placed
under electronic surveillance after a prostitute fell from a window (Nice) A Bulgarian man sentenced to 6
months of prison for kidnapping a prostitute (Nice) A man who prostituted minors and
single mothers was condemned to 30 months in prison and fined 3,000 (Avignon) |
October |
17 persons arrested for procuring,
two of who are taekwondo champions (Rhne-Alpes) Trial of two massage parlor
managers (Bthune) Creators of a Lebanese network,
which forced models into prostitution, are judged. The affaire was revealed
by a young Venezuelan woman who had been sold to M. Kaddafis son (Marseille) A Bulgarian prostitute, mother of 5
children, gives up her last child after birth (Bordeaux) |
November |
9 persons responsible for a
Nigerian network are judged for trafficking numerous young African women via
Italy (Strasbourg) 3 and 2 years of prison without
parole for procurers who restrained a women in the trunk of their car, left
in the middle of a cemetery (Nice) 4 Romanian procurers arrested for
exploiting Roma minors in parking lots (Wattrelos) |
December |
Procuring network dismantled (Bourges) A man is arrested for having robbed
numerous escort girls (Reims) Arrest and sentencing to 6 months
in prison for a manager of a site that offered South American prostitutes (Thonon-les-Bains) Sentencing of a young woman who
prostituted her little sister to buy herself a cell phone (Montbliard) |
Legal sanctions in 2012
Resembling numerous expert observations from the European Council, which
stated that the number of victims in Europe in 2012 increased, while the number
of condemned traffickers decreased, a look at the outline put together each
year by legal records confirms a weakening of judicial responses. The
appearance in 2012 of the 2011 outline allows us to reveal the following
tendencies:
2012 |
Condemnations for aggressive procuring |
Numbers in 2010 |
Change in relation to 2010 |
|
220 |
250 |
-12% |
Resulting in provisory detention |
54% |
40% |
Increase of 35% |
Average length of provisory detention |
8.8 months |
8.3 months |
Increase of 12% |
Average length of investigations |
37.7 months |
40.7 months |
-7% |
The rate of condemnations for women |
33% |
28% |
Increase of 18% |
Those condemned of foreign nationality |
57% |
56% |
Increase of 2% |
Average length of prison sentences |
22.9 months |
27.2 months |
-15% |
Average fine given |
9,556 |
13,080 |
-27% |
Total of number of infractions for procuring |
414 condemnations |
445 condemnations |
-7% |
Generally, even though the punishments for these infractions are more
sever than the average sentence for all infractions (nearly three times more),
the number of condemnations and the seriousness of punishments are decreasing.
It is
meaningful to note that the period of investigations is lengthening (Provisory
detention is extended, the length of legal procedures has decreased), and the
period of legal trials shows a weakening for imprisonment and levying fines.
On the other
hand, the profile of those condemned for aggravated procuring confirm that the
specificity of these documents, with those sentenced older than average (57%
are older than 25 years old, though only 17% of total criminals are this age),
a growing involvement of female procurers (four times higher than general
delinquency), and three times as many foreigners condemned than average.
In the French Penal
Code, aggravated procuring, according to article 225-7, can be punished with a
maximum prison sentence of 10 years and a 1,500,000 ($2,055,900 USD) fine.
The difference between the sentences given and those written in the books is
largely due to the low levels of appeals made against the first condemnation,
given that procurers often keep quite after their first trial and do not want
to run the risk of seeing their punishment increased after appeal.
The gap
between the fines given and the fines on the books shows that more work needs
to be done in order to develop a more dissuasive response. What is needed is a
combined approach that seizes the effects of traffickers before the procedure
and provides financial punishments proportional to profits after the procedure.
The creation
in 2010 of the Management and Recovering Agency of Seized and Confiscated Goods
(AGRASC) in France, which allows a glimpse into the real processes of
identifying, seizing, and confiscating criminal effects, has only been able to
seize 2.6 million ($3.5 million USD) of illicit profits generated from sexual
exploitation.
A financial
approach in the fight against sexual exploitation appears increasing
indispensable. According to the United Nations, sexual exploitation has
generated $32 billion USD of revenue in 2012, which makes it one of the most
lucrative forms of modern criminality.
The outlook of the French Court of Cassation in 2012
The supreme legal
court in France has few occasions to examine the current state of procuring and
human trafficking laws. Out of 9,000 decisions given in 2012 by the criminal
chamber, only 16 concerned either sexual exploitation or human trafficking,
which is not surprising given that those tried are not likely to appeal up to
the Court of Cassation. There are three principal observations to make. On one
side, appeals are principally used for procedural decisions and are not used to
challenge the facts of the case, to combat provisory detention, obligations of
state-protection, or refusals of restitution. All of the above continues to
push forward the discussion on the reality of charges and the sentences
prescribed.
From another
side, the strategies of destabilizing the repressive response were based upon
the constitutionality of the legal cases in question. The Court has pushed back
fundamental questions of constitutionality five times, underlining the fact
that the aggravated charges as defined by the law, were proportional to what
needed to be done in the fight against procuring. (Arrests number 1190116,
1190115, 1190116, 1290002 and 1290001).
From the final
frontier of observation, the absence of debates held in front of the Court of
Cassation, to give a precise definition to human trafficking, is unfortunate.
This absence of precise precedents on the elements that constitute an
infraction whose framework remains relatively hard to use and largely ignored
by magistrates handling cases of procuring.
This is,
however, the point of view of GRETA experts that, at the end of their
evaluation of the French state in 2012, suggest a revision of the definition of
the crime of human trafficking, and who highlighted the low number of trials (4
since 2007) that lead to sentencing for the heads of human trafficking
networks.
Sources
-
CRIDES/Fondation Scelles, Revue de
lactualit internationale de la prostitution, 2012.
- GRETA (Group of Experts
on Action against Trafficking in Human Beings) Council of Europe, Report
concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by France, First cycle of
evaluation, GRETA(2012)16, Strasbourg, January 28th, 2013.
|
|
|
New The 3rd Global Report is a free android application Get real-time
data on key countries
studied in the Global Report (statistics, legislation), press releases, news
on our sites and tools to help
victims (procedures, contacts of organizations). |
|
For
further information : www.fondationscelles.org
|
Albania
|
- Population: 3.2 million
- GDP per capita (in US
dollars): 4,149
- Parliamentary regime
- Human development index
(HDI): 0.749 (70th rank among 187 countries)
- Gender inequality
index (GII): 0.251 (41st rank among 147 countries)
- No official national
statistics on prostitution.
- Prostitution is illegal.
Prostitutes, clients and procurers are penalized by the law established on
March 1st, 2012.
- Absence of any national
data on the domestic trade phenomenon.
- Country of origin for slave victims trafficked to
Greece, Italy, Macedonia, Kosovo, Belgium, the Netherlands, Germany,
Switzerland, Ireland, and the United Kingdom.
On March 1st,
2012, the Albanian Parliament passed a law penalizing sexual services
customers.This law is part of the governmental efforts to repress the
prostitution phenomenon, as well as organized crime. The new law imposes prison
sentences with a maximum term of 3 years for clients and from 5 to 15 years for
procurers. Prostitutes are also condemned by the law and face sentences ranging
from fines to 3 years of imprisonment. This evolution of Albania towards a
global prohibitionist juridical system has had little coverage in both national
and foreign press. This lack of attention is symptomatic of an obvious
disinterest in prostitution in Albania, as opposed to the transnational
trafficking on human beings, which is more sensational in the eyes of foreign
observers and media.
Overview of the fight against slave trade
Albania
remains a country of origin of slave trade victims for the purpose of sexual
exploitation. The main destinations of the Albanian victims are Greece, Italy,
Macedonia, Kosovo, Belgium, the Netherlands, Germany, Switzerland, Ireland and
the UK.The phenomenon of internal trafficking persists, however, its scale is
hard to determine.
The U.S. Department
of State has estimated that Albanian authorities were not making enough efforts
in the struggle against the slave trade. This led to the downgrading of Albania
in the Report of 2012 on human trafficking. As a result, Albania went from tier
2 to the tier 2 watch list[28].
The number of people charged and sentenced for human trafficking by the
Albanian judicial authorities has strongly diminished in 2012, as reflected in
the table below.
|
Number of people charged |
Number
of people sentenced |
2011 |
27 |
5 |
2012 |
11 |
2 |
This can be explained partly by a very high staff turnover rate in the
judicial sector and the police. In 2012, 114 judges, prosecutors and police
officers pursued specific training to struggle against trafficking. But, in
spite of these significant efforts to train the staff, the major part remains
untrained for these matters. Consequently, many victims find themselves
suspected of prostitution, devoid of the assistance and protection to which
they are entitled. In 2012, at least 3 victims of human trafficking were
sentenced for their involvement in prostitution. In one of the cases, the Court
sentenced both a trafficker and one of his victims for prostitution, which
demonstrates the lack of training of the judges.
Moreover, the
Albanian Government removed from office the National Coordinator of Combating Human
Trafficking, whereas its efficiency did not seem to be discussed. As a result
of the position remaining vacant for five months the interdepartmental
cooperation and public-private cooperation severely suffered.
Most of the
research on the phenomenon of human trafficking in Albania has been conducted
by national and international NGOs. The Group
of Experts on Action against Trafficking in Human Beings (GRETA)
believes that the authorities should direct and encourage more research on
trafficking since such work is necessary for the establishment of future
political dispositions. Internal slave trafficking and the slave trade for
commercial sexual exploitation purposes appear amongst the priority areas
suggested by the GRETA.
In 2012, the
number of identified victims has increased compared with 2011 (84 to 92 victims
identified, including 26 minors). A total of 138 victims were received in 2012
by hosting centers handled by the Government or by NGOs. These centers terribly
lack funding. The allocated government funds only cover the minimal food needs
of the victims. No financial help has been allocated to support the needs of
the victims with dependent children.
Two adult and
one minor victims went missing in 2012 while they were hosted in government
facilities.
Finally, the
freedom of movement of the received victims was restrained.
Roma and Egyptian minorities: very vulnerable populations to
trafficking
Although
Albanian law forbids all discrimination (whether they are based on gender,
race, color, ethnicity, language or sexual orientation), Roma and Egyptian
minorities suffer from strong discriminations in the Albanian society and from
the authorities. With no ID, no education, and no possibility to achieve
reasonable economic security, Roma and Egyptian minorities, especially women
and children, are easy targets for human beings traffickers (U.S. Department of State, Bureau of
Democracy, 2013).
A frightening underestimation of the number of people
diagnosed with HIV/AIDS
Albania
considers itself as a country, where the HIV/AIDS contamination rate is low. But,
according to the World Health Organization (WHO), only 2,590 people out of a
population of about 3 million inhabitants have undergone HIV/AIDS testing in
2011.In Albania, only 2% of health centers provide AIDS testing. Among the new
cases of people affected in 2011, 73% are men (WHO, 2004). But what about the women victims of trafficking or
prostitution who are also a highly exposed group?
In Albanian
society, women are generally considered as human beings with no decision-making
power.Therefore, it appears almost impossible for a woman, even more so for a female
prostitute or victim of trafficking, to negotiate condom use with a man. They
are then left in great danger of contamination. Plus, the stigma associated
with the disease is such that they hesitate to take an AIDS test. Women are
held responsible for the propagation of HIV/AIDS. If a member of the family is
infected, the women have to pay for the cost of medical care. Moreover,
infected women are discriminated against more than their male counterparts.
The figures published by the Albanian Government indicate a high increase
since the early 2000s, as shown in the chart below.
Number of HIV/AIDS cases (per year) National
Aids Program , Republic of Albania, Ministry of Health, Institute of
Public Health, Tirane, 2012.
The Government is not indifferent to this evolution. A national strategy
to fight the epidemic was elaborated on during the 2010-2015 period. New laws
have been adopted, including the law on prevention of HIV/AIDS contamination of
2008, and the law for the protection against discrimination of 2010. Insofar,
the authorities do not acknowledge prostitutes and trafficking victims as being
part of the populations at highest risk, like injection drug users and men
having sexual intercourse with other men.
About sixteen
NGOs focus their efforts on fighting HIV/AIDS. Some of them, such as the Albanian Coalition for
Promotion of Women and Youth in Politics (ACPD) and the National Association of Public Health (NAPH),
work with Roman minorities in Tirana, and in other towns of the country. The
NGOs carry out prevention activities with a particular emphasis on youth. They
use various formats (televised programs, radio, posters, brochures, seminars,
painting exhibits). This is an important work because many Albanian have very
limited knowledge regarding the prevention of sexually transmitted infections
(STI) and general sexuality matters. Today, one regrets that no teaching of
this kind is broadcast in schools (European
Scientific Journal, november 2012).
The hard rehabilitation of trafficking victims
A survey
released in 2012 speaks specifically about the rehabilitation of trafficked
human beings in Albania. It describes the multiple barriers that victims can
encounter while seeking rehabilitation. The culture of shame developed during
the communist era appears as the cornerstone of all these difficulties. Indeed,
it drives the community to reject the slave trade victims by making them suffer
all kinds of humiliation. The fear of seeing ones reputation affected by the
simple association with a victim is very common.
The Albanian
context is very unfavorable to women. Trafficking victims are considered as
guilty of leaving their home, and bringing dishonor on their whole family. Some
parents say they would rather see their daughter dead than coming home as a
victim of the slave trade. According to the survey author, the rehabilitation
programs must be immediately directed at this culture of shame.
Despite the
conformity of the Albanian laws regarding the fight against human trafficking
with international standards, one can see that those are rarely applied. A
rampant corruption in the power structures and a high turnover rate of the
staff concerned by this issue are the reasons of this obvious inefficiency.
The social
integration of Roman and Egyptian minorities and the enhancement of womens
place in society should be part of the priority goals of the Albanian
Government, if it seriously wishes to fight trafficking. More attention should
be given to the phenomena of internal trafficking, and prostitution and
HIV/AIDS infection, especially for female prostitutes and trafficking victims.
The influence of mentalities is considerable, but the NGOs alone cannot work
miracles. One must hope that the politicians will know how to take the lead on
this issue, and adopt a proactive legislation on prevention and information.
Sources
-
Albanie/prostitution : les clients pnaliss , Europe 1 (avec AFP), March 1st,
2012.
- Amnesty International, Albania must suspend discriminatory measures
against Roma, August 1st, 2012.
- Amnesty International, Annual Report 2012 – Albania,
2012.
- Committee of the Parties to the Council of Europe
Convention on Action against Trafficking in Human Beings, Recommendation CP(2012)1 on the implementation of the Council of Europe
Convention on Action against Trafficking in Human Beings by Albania, adopted at the 7th
meeting of the Committee of the Parties,
January 30th, 2012.
- Committee on the Rights
of the Child, Optional Protocol on the
sale of children, child prostitution and child pornography, List of issues concerning
additional and updated information related to the consideration of the initial
report of Albania, CRC/C/OPSC/ALB/1, Written replies of Albania, July 19th,
2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- ECPAT International, Global monitoring: status of action against
commercial sexual exploitation of children – Albania, second edition,
2012.
- GRETA (Group of Experts on Action against Trafficking
in Human Beings), Council of Europe, Report concerning the implementation of the
Council of Europe Convention on Action against Trafficking in Human Beings by
Albania, First
evaluation round, GRETA(2011)22, Strasbourg, December 2nd, 2011.
- Marion D.L., Unlocking the Roots of Stigma Towards Victims of Trafficking
in Albania , Capston Collection,
Paper 2491, 2012.
- Muca E., Trafficking in human beings: paradigms of a successful
reintegration into society (Albanian case) , European Scientific Journal, Vol. 9, n.4, fvrier 2013.
- Republic of Albania, Ministry of Health, Institute of Public Health, National Aids Program, Tirane, 2012.
- U.S. Department of State, Bureau of Democracy, Human Rights and Labor,
2012 Country Report on Human Rights
Practices, April 2013.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- World Health Organization (WHO), Regional Office for Europe, Key Facts on HIV Epidemic in Albania and
Progress in 2011, 2013.
- Zeka X., Gjergji E., Hodaj M., The impacts of HIV AIDS on
families and communities in Albania , European
Scientific Journal, Vol. 8, n.26, November 2012.
- Albanian Coalition for Promotion of Women and Youth
in Politics (ACPD) :
http://www.acpd-al.org/index.php
- National Association of Public Health (NAPH) : http://www.naph-al.org/al/
|
Algeria
|
- Population: 36.5 million
- GDP per capita (in US dollars): 5,404
- Presidential regime
- Human development index
(HDI): 0.713 (93rd rank among 187 countries)
- Gender inequality index (GII): 0.391 (73rd
rank among 147 countries)
- Member of the African Union since 1963.
- No official national
statistics on prostitution.
- The Algerian Criminal
Code, implemented in 1966, prohibits prostitution.
- Human trafficking has
been illegal since 2009, but the government has not yet participated in a
trafficking lawsuit.
- Age of sexual
consent is 16 years old; legal age of marriage for girls is 18 years old; however,
forced marriage for children is frequent.
- Corruption throughout
the police force, as well as a serious lack of victim protection.
- Country of transit
for sub-Saharan men and women attempting to travel to Europe, to a lesser
extent a country of origin and destination.
The state of
human rights in Algeria is as hard to describe as it is to discern. Ending a 19
year state of emergency in February of 2011, Algeria no longer suffers the same
level of violence and political instability which plagued it since its
independence in 1962, and human rights violations have dropped since the end of
the civil war of the 1990s. However, state control of broadcast media and
repressive press laws make it difficult to form a real picture of the current
state of human rights. In particular, the level of protection of the rights of
women and children remain unclear, and sexual exploitation is rarely reported.
Prostitution
was a regulated institution under French colonial rule, from 1830 to 1962, but
is now illegal under the Criminal Code of 1966. There are no national
statistics on prostitution, and there is very little information on human
trafficking, which was made illegal in 2009 under an amendment to section 5 of
the Criminal Code. The 2012 U.S. Department of State Report on Human
Trafficking lists Algeria as a tier 3 country, mainly a transit state for
Sub-Saharan migrants on their way to Europe, and to a lesser degree a source
and destination country for forced labor, organ harvesting and prostitution. In
the past decade Algeria has seen a rise in sexual violence against children, as
well as public mob violence against prostitutes.
A History of French Regulationism
The French
administration in Algeria first began regulating prostitution one month after
they conquered Algiers in 1830. Prostitutes were expected to register with the mezuar, a high ranking police
functionary, and attend weekly medical exams. There were an estimated 13,000
registered prostitutes throughout the territory of Algeria, although the
numbers in rural areas, particularly in the Kabylia were difficult to
determine. Algiers was home to a vast number of clandestine prostitutes,
either un-registered girls, or boys working out of bath-houses and cafes maores (illegal establishments
where boys would dance for a male audience). Clandestine prostitution
reportedly outnumbered the legal sex trade by approximately four to one.
Somewhere around 65 legal prostitutes per year in the 1850s would remove their
names from the registry list, often to obtain fake marriage certificates in order
to avoid the high taxes placed on legal prostitution. Male prostitution and
homosexuality were both illegal, and thus not directly regulated, although
there were restrictions placed on the public bath houses where men were known
to go for homosexual prostitution.
The majority
of legal establishments, or maisons de
tolerance, were in the European quarter of Algiers, and provided mainly
European girls to European clients. In 1856 there were 4 brothels in Algiers,
with not a single Algerian girl, this number only slightly increased in 1899,
when out of the 13 brothels in Algiers, and 99 registered prostitutes, only 5
were Algerian.
Outside of
Algiers regulation was less stringent, and the records thus less precise. Some
ethnic groups within the Kabylia, such as the Oulded-Rabah and Beni-Amnernm,
institutionalized prostitution on their own, by recording and heavily taxing
public prostitutes. In Constantine, prostitution was seen as a means of
familial income, and un-married girls would leave their rural villages to go to
the cities to become prostitutes or dancers, later returning home to marry.
Although the
detailed reporting on prostitution during French colonial rule ended at the
start of the war in 1954, some reports of prostitutes being used as informants
by the National Liberation Front (FLN) exist. Prostitutes and dancers were
recruited as spies by the independence movement due to their contact with
French troops. Nationalist propaganda from the war depicted prostitutes as
victims of the colonial systems attack on the Algerian family system, and
informing was seen as a means of redemption for shamed girls.
Sexual Exploitation today
The Algerian
Criminal Code, enacted in 1966, prohibits the solicitation of prostitution, and
places the age of consensual sex at 16, and of marriage at 18. Rape,
solicitation of prostitution, and pornographic material of a minor (under 16
years old) is punishable by 10 to 20 years imprisonment, although it is rarely
carried out. In addition, any pornography is illegal and punishable with up to
2 years in prison or a fine of $27 USD. As of February 2009, human trafficking
is illegal under the amended Criminal Code, with penalties of 3-10 years for
trafficking for labor or sexual exploitation. However, according to the 2012
Human Rights Watch report, the government of Algeria has yet to prosecute a
true human trafficking case. Womens rights are limited by the Family Code of
1984, and forced and early marriage and marital rape remain very real issues (CATW, 1998).
A Passage to Europe
According to
the 2012 Human Rights Watch report, there are an estimated 9,000 sub-Saharan
trafficking victims in Algeria. Many of these come from neighboring Mali, where
increased violence and political unrest has led to vast emigration. Many
sub-Saharan victims enter Algeria voluntarily through the southern border near
Tamanrasset, and while some continue on to Europe through the northern borders,
others have their papers confiscated by their smugglers and are forced to work
off their debts, whether by forced labor and domestic work, or prostitution.
Although denied by the Algerian government, the U.S. Department of State Report
on Human Trafficking states that the chairmen of the African Villages or
non-Algerian ethnic areas around Tamanrasset, are often responsible for the
forced prostitution of smuggled sub-Saharan women. An article in El Watan in December 14th, 2012
described the corruption and trafficking at the eastern border near El Tarf. An
interview with a border security officer detailed how Algerian girls were sent
to Tunisia, often with the aid of high ranking police officers and even imams.
According to the interview these girls were to be sold as prostitutes, and
often came from Annaba, Guelma, and Souk Ahras.
In 2012,
three Algerians were convicted under the illegal immigration law of human
smuggling, for transporting illegal immigrants from Algeria to Morocco, and it
was suggested that they may have confiscated the immigrants passports in order
to extort a higher price.
Algerian
trafficking victims mainly end up in France, Italy, and increasingly Israel (Protection Project, 2010). The
traffickers, clients and procurers of prostitutes in Algeria are rarely
prosecuted. Instead when a prostitution operation becomes public, the victims
are arrested, and if they are trafficked persons, or in the country illegally,
are deported through the southern border at Tamanrasset. Reports from the Algerias
government state that undocumented migrants are given a week in a detention center
in Tamanrasset, as well as medical care and 3 meals a day before being turned
over to their respective governments. However NGOs reported that out of the
8,000 persons deported through Tamanrasset, the majority are simply given a
liter of milk a bit of bread and left at the border in the Sahara where many
die.There are currently no government operated shelters for trafficking
victims, and NGOs are prohibited from running any shelters for undocumented
migrants (U.S. Department of State,
2012).
Annaba, a criminal haven
Annaba has
become notorious as a haven for illegal sub-Saharan immigrants hoping to find
passage to Europe. With its constant influx of poor, undocumented migrants
crime, including prostitution, is rampant. Young girls are tricked into paying
smugglers for a passage to Europe which never comes, and often then turn to
prostitution in desperation (LExpression,
March, 11th, 2013). A 2004 article looked into the lives of street
children in Annaba, and in particular child prostitutes. According to the
author the number of children, abandoned by parents too poor to care for them,
living in the streets of Annaba is vastly underreported and rapidly rising. An interviewed
police psychiatrist stated that the government did little to help these
children, and what they did do made little difference. Most often the children,
some as young as 7 years old, are picked up when caught soliciting, kept
overnight at the police station, given breakfast paid for out of the police
officers own pockets and sent to reeducation centers where they may stay a day
or two before running back to the streets (Algerie, August 29th, 2004).
In 2012 the Affaire dAnnaba hit France and Algeria
when a former member of a French Ministry, along with an imam and five Algerian
gynecologists were arrested in Annaba for running a pornography studio (LExpression,
March 23rd; 2012). Jean-Michel Baroche took in over 96,000 ($131,577
USD) per month creating and selling pornography under the guise of running a
modeling agency Glamour Arabian Talent (Le Parisien,
March 26th, 2012). Baroche reportedly lured girls to his studio, with
the promise of a modeling career, and gifts, then drugged them and forced them
to participate in the films. Some of the girls were as young as 16. The
gynecologists involved were used to create false certificates of virginity, or
even perform hymen reparation operations (El Watan, May
9th, 2012).
Kidnappings on the Rise
Between 1992
and 1998, during the first part of the civil war, an estimated 4,000 Algerian
women were the victims of kidnapping, rape, and murder. In that time, at least
500 girls were kidnapped from rural villages and raped or forced into temporary
marriages or prostitution before being murdered (CATW, 1998). Similar reports continued into the early 2000s, and
have for the most part been blamed on Al-Qaida in the Islamic Maghreb (AQIM),
the Al-Qaida union with the Salafist Group for Preaching and Combat (GSPC). The
GSPC has also been known to take children to use as child soldiers or human
shields (Protection Project, 2010).
Since 2003 urban kidnappings have been on the rise. In 2011 over 500 children
between 10 and 16 years old disappeared, many were found dead with signs of
sexual abuse (Al Monitor, January 21st, 2013). One report
states that there were 276 forced disappearances of children in 2012, with
almost all resulting in sexual abuse and murder (Magharebia, March 3rd, 2013). Algerian
children have also been kidnapped and trafficked to Morocco for organ
harvesting; from there their organs are generally sold in Israel and the U.S. (Protection Project, 2010).
Anti-Prostitution Violence
The small
northern city of Tichy, of 17,000 inhabitants, is thought to have as many as 1,500
prostitutes, and has become a sex tourism destination (LExpression, June 25th, 2011). Since 1993 there has
been a strong movement against the level of prostitution in the small
beach-side city. According to Mohand Haddadi, an active member of a group
fighting to eliminate prostitution in Tichy, there are housing projects rented
out entirely to prostitutes, and the city has become a refuge for prostitutes
throughout the region (La Nation,
August 16th, 2011). In 2010, after failing to persuade the Gendarmerie
to clear out the prostitution venues, the people of Tichy took to the streets
to protest, which eventually turned into a riot and lead to the arrest of 46 of
the suspected prostitutes, of which eight were detained and 10 were exiled from
the region (News24, June 10th, 2011).
While the
majority of the damage done in the 2010 Tichy riots was to property, others
have had more disturbing outcomes.
In 2010, a
series of home invasions, in which several young women were stabbed, beaten,
robbed, and raped, was all but ignored by the police. One officer reportedly
told a victim that he would not help her and that for all she knew he could be
one of the assailants, another victim was told that if she wanted help she
should just leave the city.
In 2011, in
Hassi Messaoud, a city in south east Algeria, around 500 Islamic extremists
attacked women suspected of being prostitutes. Any woman without a husband was
considered a suspect; including many widows with young children who had moved
to the city to work as domestic servants. Over the course of 5 hours over 40
women were beaten, tortured, and raped, 20 women were cut across the face and
an unofficial report stated that 6 died.
Overall, the instability of Algerian government has lead to
insufficient action against the sexual exploitation of women and children. In
addition, information coming from the state itself is sparse and often
inaccurate. The rampant corruption and abuses by the police in regards to
prostitution as well as trafficking victims need to be addressed in order to
ameliorate the situation. Furthermore Sharia law, as well as the Family Code,
is preventing victims from obtaining the help they need and enabling the
perpetrators of sex crimes. However, 2012 did see some attempted accountability
on the part of the Algerian government, and increased international involvement,
which may lead to advances at least on the trafficking front. In November 2012,
the Director of Judicial Police of Algiers was elected to the Executive
Committee of INTERPOL. Additionally, the Observatoire Algrien des Droits de
lHomme (Algerian Observatory fur Human Rights) was created July 12, 2012.
Sources
- Affaire de production de films
pornographiques dAnnaba , Libert Algrie, March 26th,
2012.
-
Algeria cracks down on prostitutes , News 24, June 10th,
2011.
-
Algeria tackles child abduction , Magharebia, March 4th,
2013.
-
Algrie a une place au Comit Excutif dInterpol , LExpression, November 18th,
2012.
- Annaba- Affaire du ralisateur
franais de films pornos , El Watan, May 9th, 2012.
- Annaba :
leldorado des noirs africains , LExpression, March 11th,
2013.
- Deux surs tte dun lieu de
dbauche , Setif.info, January 8th, 2012.
- Entretien avec
Mohand Haddadi, membre actif du mouvement pour le dpart des prostitues de
Tichy , La Nation, August 16th, 2011.
- Frontires est : prostitues, zelta, cigarettes
tout pass , El Watan, December 14th, 2012.
-
Prostitution des mineurs Annaba , Algerie-dz, August 29th,
2004.
- Rise in Child Abductions Shocks Algerian
Society , Al Monitor, January 21th, 2013.
-
Seven Arrested for Anti-Prostitution Terror Attack in Algeria , Al
Bawaba, July 16th, 2001.
- Tichy mne la
guerre au tourisme sexuel , LExpression, June 25th,
2011.
- Un ex-responsable franais devant le
juge , LExpression, March 23th, 2012.
- Un Franais crou en
Algrie , Le Parisien, March 26th, 2012.
-
Coalition Against Trafficking in Women (CATW), Factbook on Global Sexual
Exploitation, 1998.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Dunne
B.W., French Regulation of Prostitution in Nineteenth-Century Colonial
Algeria , The Arab Studies Journal, 2.1 (1994): 24-30, 1994.
- Dunne Bruce W., French Regulation of
Prostitution in Nineteenth-Century Colonial Algeria , The Arab Studies Journal, Vol.2, n.1, spring
1994.
- Freedom House, Freedom in the World Report:
Algeria, 2013.
- Human Rights Watch,
World report 2013 – Events of 2012, Country Summary: Algeria, 2013.
-
Mortkowitz, S., Ait Kaci, H. Who will save the women of Hassi
Messaoud , news.monstersandcritics.com, April 27th,
2010.
- Protection Project (The), A Human Rights Report
on Trafficking in Persons, Especially Women and Children : Algeria,
2010.
- U.S. Department of Labor, Bureau of International Labor Affairs, 2012 Findings on the Worst Forms of
Child Labor Report, September 2013.
- U.S. Department of State, Trafficking
in Persons Report, June 2012.
- UNODC, Global
report on trafficking in persons, December 2012.
- Vince, N., Transgressing
boundaries: gender, race, religion, and Franaises musulmanes during the
Algerian War of Independence , French historical studies, Vol. 33,
n.3, 2010.
- Observatoire
Algrien des Droits de lHomme: http://oadh.org/
|
Argentina
|
- Population: 41.1 million
- GDP per capita (in US dollars): 11,558
- Federal republic
- Human development index
(HDI): 0.811 (45th rank among 187 countries)
- Gender inequality index (GII): 0.380 (70th
rank among 147 countries)
- No official national statistics on prostitution.
- Every year there are cases of disappearing girls (mostly under the
age of 13) and women, victims of sexual trafficking networks.
- Prostitution is mostly found in the Center and South of the country,
such as in Buenos Aires and Mar del Plata.
- Prostitution is legal but the exploitation of brothels and human
trafficking are prohibited by a law that was established in 2008.
- Country of origin, trade and destination for human trafficking,
especially with the purpose of sexual exploitation.
- Victims primarily native to poor provinces in the North of the
country, Bolivia, Paraguay, Peru, and the Dominican Republic.
Every year, hundreds of young girls (some of whom may be less than 13
years old) and young women disappear in Argentina, the victims of networks
involved in sex trafficking. They are sold, each at a different price.
These victims of sexual exploitation most often originate from the
poor northern provinces of the country. Some of them come from even poorer
neighboring countries, such as Bolivia, Paraguay and Peru or even the Dominican
Republic. During the initial stages, they are systematically beaten and raped
in order to break their will. Afterwards, they are forced into prostitution in
the cities of Central and Southern Argentina, such as Buenos Aires and Mar del
Plata.
Besides the more widespread occurrence of disappearances, another
reality coexists, namely the fact that some women agree to be victims of sexual
exploitation. In this case, the primary motivation is economic, reinforced by
secondary family pressures.
To this day, prostitution remains legal in Argentina. However, the
management of brothels and human trafficking are not. In fact, those activities
constitute federal crimes since 2008 under a law successfully passed, which was
lobbied by Susana Trimarco Veron, a national heroine honored many times in
Argentina and in the United States and whose name has been mentioned for the
Nobel Peace Prize.
Since the enactment of this legislation, 2,827 victims of sexual
exploitation or forced labor have been rescued (Le
Matin, February 10th, 2012).
Susana Trimarco de Veron, a bold mother, enemy of procurers
Susana Trimarco de Veron was trying to find her daughter, Maria, who
was abducted in 2002 by a prostitution network. At first, she looked for her on
her own, before creating the Foundation Maria de Los Angeles, after which she
received help in order to trace back the supply channels of young women for
brothels. The Foundation, which brought together nearly twenty people –
lawyers, psychologists and social workers – was able to rescue nearly 400
victims of sexual exploitation (BBC News, April 2nd,
2012). A single mother of humble background, Susana
Trimarco de Veron is behind the arrest of a group of procurers tried in San
Miguel, in the province of Tucuman, Northern Argentina.
The trial of thirteen men and women charged with having run brothels
and been involved in the kidnapping of Susanas daughter was the most
publicized. Their acquittal shocked Argentina and led to a wave of protests of
indignation throughout the country. According to Susana Trimarco de Verons
legal counsel, the judgment highlights the ongoing impunity in Argentina. They decided
to appeal this decision.
For her part, President Cristina Fernandez de Kirchner – who is
very involved in the fight against human trafficking for sexual exploitation
– said that although she was unable to prove it, she was convinced that
the acquittals in question were a direct result of the corruption of the judges
involved. To this end, she added that it was appropriate and imperative to
proceed with the democratization of the justice system.
Police and justice corruption
According to NGOs and international organizations, a number of federal
officials are directly and/or indirectly involved in human trafficking. Some
police officers turn a blind eye to the activities of trafficking and forced
prostitution, and some judges fail to examine the cases in front of them in
depth.
The authorities are still in the process of investigating 75 federal
police officers removed from office for their complicity in human trafficking (U.S. Department of State, 2012). The
former head of the anti-dealer police unit is under investigation for having
operated several brothels for his own benefit.
Due to the corruption that exists in both government and society, it
remains difficult to fight against the phenomenon of sexual exploitation. In
order to move in that direction, Susana Trimarco Veron explained that
"politicians and police officers should stop being customers of those
places for the fight against trafficking in women to become effective."
In the case of Maria de los Angeles Veron, a police officer mentioned
that after receiving authorization to search the brothels of La Riojaen 2002, a
judge made his unit wait for several hours, allowing the kidnappers of Susana
Trimarco Verons daughter to move her. This analysis was subsequently confirmed
by the testimony of a victim of sexual exploitation, who reported seeing Maria
leave immediately before the police arrived.
Health of the victims
As victims of sexual exploitation, those working in Argentina are
likely to be struggling with various sexually transmitted diseases, including
HIV/AIDS. Promising better pay and by blatant refusal, clients will demand the
girls to prostitute themselves without the protection of a condom, directly
increasing exposure to venereal disease. Admitting that it helps them to prostitute
themselves, a growing number of women consume alcohol on a regular basis, while
others take up the habit of harder drugs.
These risk factors are accompanied by a marginalization of the
victims. Less than 10% of them have health coverage. As a result, they have a
limited access to prevention or treatment programs.
In addition, victims of sexual exploitation have a hard time aborting
when they choose to do so. Indeed, even though Argentina allows abortion in
cases of rape or dangers to mothers health, politicians, doctors and judges
continue to deny that right to victims of sexual exploitation.
A decision of the Supreme Court, dated March 2012, is expected to
remove the barriers to abortion and keep judges from preventing the process of
abortion. In a case dealt with by the Supreme Court, a judge previously held
that there was no evidence of rape even though the 32 year old woman had been
kidnapped and forced into prostitution. The Supreme Court overturned the
judges decision and forced health professionals to urgently practice an
abortion on the woman, whose pregnancy had entered in its 10th week.
The decision of the Supreme Court, adopted by six out of seven judges,
also blames the mayor of Buenos Aires, Mauricio Macri, and the judge, Miriam
Rustan de Estrada, for revealing details of the case that led anti-abortion
protesters to gather in front of the public hospital where the victim was
having surgery and later in front of her home.
Data from the Argentinian Ministry of Health show that 80,000 women are
hospitalized each year for complications resulting from illegal abortions, and
suggest that 500,000 women resort to illegal abortions, as stated by women's
rights activist Estela Diaz (Le Nouvel Observateur,
October 12th, 2012).
Although significant progress can be noted, the Argentinian government
is still not fully involved in the fight against prostitution or against human trafficking.
To this end, the anti-trafficking law would have to be strictly
applied to punish the perpetrators, including when complicit government
officers are involved. Funds for helping victims should be increased in
partnership with NGOs. Also, the victims would be better helped if they were
known. As such, it would be appropriate to develop and implement protocols for
local officials to identify and assist victims of trafficking and to intensify
efforts to raise awareness of all forms of trafficking in persons.
Sources
- Argentine:
la Cour Suprme accorde le droit davorter une femme victime de prostitution
force , Challenges, October 12th,
2012.
- Cristina Fernandez bashes the Judiciary on scandalous
forced prostitution case ruling ,
Merco Press, December 13th, 2012.
- Fury across Argentina as judges are accused of
corruption after clearing 13 people of sex slavery charges , Daily Mail/AP, December 13th, 2012.
- Angels Pando
M. (de los), Reynaga E., Coloccini R.S., Fermepn
M.R., Kochel T., Montano S.M., Marone R., Avila M.M., Prevalencia
de la infeccin por el VIH y de Treponema pallidum
en mujeres trabajadoras sexuales de Argentina , Revista Panamerica de
Salud Pblica, Vol. 30, n.4, October 2011.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Hernandez V.,
Confronting Argentinas people-traffickers , BBC News, April 2nd, 2012.
- Molnar L.,
Une mre courage ennemie jure des proxntes , Le Matin, February 10th,
2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
|
Australia
|
- Population: 22.9 million
- GDP per capita (in US dollars): 67,036
- Constitutional Monarchy
- Human development index
(HDI): 0.938 (2nd rank among 187 countries)
- Gender inequality
index (GII): 0.115 (17th rank among 147 countries)
- No official national
statistics on prostitution.
- Province of Victoria: 95
licensed establishments according to regulation authorities, at least 400
illegal establishments according to police forces.
- Prostitution legalized
by licenses for establishments: Victoria, Queensland.
- Illegal organized
prostitution (establishments): Western Australia, Southern Australia, Northern
territory and Tasmania.
- Divisions 270 and 271 of
the Penal Code repress all forms of trafficking and forced prostitution (12 to
25 years of imprisonment, $152,000 fine).
- Destination country for
trade victims with the purpose of prostitution: largely Thailand, Malaysia,
South Korea and China.
As
prostitution legislation is under the states' and territories' responsibility,
Australia stands for a very interesting case, which uses various approaches, that
cover most of the responses commonly met in other countries. Models defined by
legislature want from the criminalization of all forms of organized
prostitution (Southern Australia) to its complete decriminalization. (New South
Wales). In 2012, four states and territories (Southern Australia, Western
Australia, the Australian Territory capital and Tasmania) were the subjects of
an intense fight by different lobbies and pressure groups: passionate debates,
epic votes for law propositions, arguments by interposing medias, official and
university reports, public consultations etc. If the experiences and
testimonies vary, supplying the speeches of two radically opposing visions, one
notes, a certain evolution of mentalities. The speech on the
professionalisation and the "secure" framework of prostitution, still
popular some months ago, does not systematically mean unanimity. Those elected
no longer hesitate to express their different visions outloud, denouncing a
world of exploitation and violence significantly controlled by the sex
industry. Trade does not always take precedence over humans. Speech becomes
free.
The lobby war
In Western
Australia, an amendment to the Prostitution Control Act 2000, aiming to
remove prostitutes and brothels from residential zones, was submitted to a vote
by authorities under the increasing public pressure. When most predictions were
forecasting a favorable outcome to the bill, two representatives took advantage
of the debates to ask for their own proposals to be included in the general
text in exchange for their vote. Janet Woollard, not politically labeled, has
thus proposed that the ban be effective within a 5 year period, that the number
of prostitution establishments and of prostitutes employed therein be limited.
Adle Carles,
from the Green party, has granted her vote under the condition of an amendment,
resembling that of the Swedish model: a fine for the clients (a little more
than 100 - $136.75 USD) if they solicitate in the street, reinforcing
the jail sentence for brothel owners who use minors, financial support for the
victims, and making shelter and reintegration tools available for all those who
show a desire to leave the sex industry. The general outcry was at the peak of
claims. The Labor party strongly opposed the bill deeming that it would
automatically end up in the rise of underground prostitution. For the Prime
Minister and the Chief of the Liberal Party, making prostitution illegal in
Western Australia is absolutely unrealistic. I would love for it to be
possible but everyone knows that its not (West Australian, April 10th,
2012). For Christian Porter, member of the Liberal party, the first step must
be to stop the business in residential areas in accordance to the public's
wishes (Western Australia Today,
April 5th, 2012), however; he seemed to agree with the idea of
financially supporting those who want to leave prostitution. Mary Anne
Kenworthy, owner of a brothel, believes that such an amendment would make her
job impossible Adle Carles responded, through the press that her aim is not
to back up owners of prostitution establishments. From my point of view, they
are running an industry, whose profits come from exploiting women... (ABC News, April 5th, 2012).
No definitive decision had been made by the end of December.
In Tasmania,
in early 2012, authorities initiated a public debate over the possible
regulation of the sex industry, opening up to discussion a 30 page document on
the advantages and disadvantages of different legislative orientations.
Between the groups supporting the legalization of prostitution and the
abolitionists, dozens of proposals and documents were sent to the Attorney
General's office, with each lobby going with its own recommendations. The debate
heated up when the union of prostitutes, Scarlet Alliance, attempted to
pressure the organizers of a seminar and discussion forum open to the public,
to prevent Sheila Jeffreys, Melbourne University professor and CATW Australia
speaker to express herself (Tasmanian
Times, June 4th, 2012). This incident made headlines. Organizers
kept their programming and Sheila Jeffreys did not fail to remind, during her
different interventions, that legalization fails to control the sex industry,
does not resolve corruption, does not put an end to the violence women undergo
in prostitution, and sends a strong signal to organized crime networks that are
rapidly investing. For many members of Whistleblowers
Tasmania (Australian association against corruption and other frauds),
the documents written by authorities are clearly oriented and based on the
reports by Licensing Authority
Prostitution in Queensland, which is in favor of prostitution
regulation, and the management system of licenses granted to prostitution establishments,
while roughly condemning the Swedish model. For Isla McGregor, the government
seeks to legalize a regulation model (licenses type), a model that was rejected
in 2005 through the Sex Industry
Offenses Act. Otherwise, the document submitted to discussion does not
immediately criticize the regulation model, while the Swedish model is harshly
criticized. In contrast, the group Scarlet Alliance delivered a document
criticizing both the Swedish and licensing models and promoting the
decriminalization of prostitution such as in New South Wales to the
authorities.
In Southern
Australia, Parliament debated over the decriminalization of prostitution
following the amendment proposal submitted by the Labor party deputy Stephanie
Key. The result: the vote in favor of decriminalization failed to a close vote,
20 against and 19 for, while eight Parliament members were absent during the
deliberations. Key has immediately asked for the bill to be resubmitted to a
vote so that all the members of Parliament can vote. In fact, another
proposition in favor of decriminalization was submitted to the Upper House in
November with the same result.
The Australian Capital Territory (ACT)
has also had some legislative setbacks in 2012. A committee elected from the
legislative house was put in charge by the local government of examining the
law (Prostitution Act 1992) and of reporting on its level of efficiency. If the
conclusions generally emphasize a satisfaction with the current system
(regulation and licenses for prostitution establishments), and deems that
prostitutes are better protected, a member of the Committee clearly
distinguishes herself from her colleagues. Vicki Dunne added a 9 page appendix
at the end of the report in which she expressed her differences, presenting the
Swedish model as an innovative approach centered on women and wrote that:
prostitution is not inevitable (MTR,
March 5th, 2012) The other members of the Committee did not wish to
argue these points any further. She adds that all of the campaigns proposed to
target the clients of prostitutes were postponed and that, overall, the
members of the Committee refused to admit the connection between crime and the
sex industry, despite recent cases. She has received the support of several
abolitionists such as Melissa Farley. Among the report's 17 recommendations, 12
were accepted by the local government, among them, the information documents in
multiple languages for prostitutes, and the increase of means for youth
prevention. The report also recommended to no longer authorize policemen from
obtaining prostitutes' information without a warrant. This proposal was
rejected (ACT Government, Media releases, June 5th,
2012).
If Australians
remain mostly skeptical to considering prostitution as a human right problem,
the abolitionist defenders of the Swedish model have helped to avoid, during
2012, the tilting of three states toward legalization.
Sex industry, human trafficking and organized crime
If testimonies
remain as various and contrasted as the judicial approach to prostitution,
policemen raids demonstrate that human trafficking with the purpose of sexual
exploitation is overall present in
the continent, even in the states and territories which regulate, control
and/or decriminalize. As clients are still asking for non-protected
intercourse, even in licensed establishments, and managers/owners of these
establishments are taking from 40% to 60% of every transaction, the sex
industry is still generating immense profits. The association Eros,
emblematic representative of adult entertainment, estimates the sex
industry's profits to just under 1 billion ($1.4 billion USD) per year and is
worried about what the Australian government wants to take away in taxes[29].
If the state of Victoria estimates about a hundred legal brothels, police
estimate that there are at least 400 illegal establishments, almost an
additional establishment a month since the 1984 decriminalization (International Human Rights Day, December
10th, 2012). Australia's good economic standing attracts traffickers
and favors investments. In June 2012, if Sydney's municipal authorities had,
at first, opposed the construction of Stiletto, an installation project
of the largest Australian brothel, open 24/7 with 40 rooms, the court has
finally agreed with promoters by approving the project and ignoring the moral
considerations expressed by opponents. The result: 12 million ($16.4 million
USD) of investment (The Telegraph,
June 20th, 2012).
In Queensland
and in Western Australia, the mining boom attracts networks which provide
Asian prostitutes to local or foreign workers. Prostitutes, widely originating
from South East Asia are, according to the police, sold by their families to
traffickers, and are not, at all, autonomous. There are networks behind them.
(International Business Times, July
10th, 2012) They are threatened and undergoing constant pressure. It
is impossible to assess their number, prostitution ads are multiplying in local
newspapers. According to an article released in the Brisbane Times on
July 10th, 2012, victims were sent from one city to another and do
not stay for more than three weeks in the same place. New-Zealand Television
(with Reuters) on December 30th, 2012, introduced a study for
the government, realized in 2012, which shows that in New South Wales, more
than one in two prostitutes (53%) come from Asia (China, Thailand, South
Korea). In February 2012, a simultaneous police raid in several Sydney brothels
saved three Thai victims that were being detained as sexual slaves. They
arrived in Australia with student visas, their passports were confiscated. The
owner of an establishment, a 42 year old Sino-Cambodian man was charged with
human trafficking. The place where the victims were discovered, however, had an
excellent reputation (The Sydney
Morning Herald, February 3rd, 2012). In April, a woman of the
same age appeared at court in Canberra for accusations involving slavery and
breaches of immigration law. Among the victims, two young Thai women, whose
exploiter -presumably forced them into prostitution in order to pay off a debt
of 43,000 ($58,802 USD) - made them accept up to 14 clients a day.
The accused kept all of the transactions, such that, the debt was not repaid. (The Canberra Times, April 12th,
2012). The number of Asian prostitutes is steeply rising. There are, in
Australia, a thousand prostitutes coming from South Korea. Other estimates
indicate that there are one in six on Australian territory (Dokdo South Korean News, May 6th,
2012).
In Kings Cross, a Sydney suburb, illegal brothels are increasing.
According to Sabrina Johnson, from the Nordic Model Australia Coalition Collective
(NORMAC), there are close to a hundred, for which, there is no doubt that the
increase in supply has followed an increase in demand (Australian Studies Center, 2012) even though legal establishments
would be out of control. New South Wales government has made the same
observations and wants to regain control of the establishments' management.
Noting a lot of corruption within controllers, too much insecurity and an
alarming multiplication of illegal places of prostitution, it wishes to
establish new rules on the acquisition of licenses. It also intends to set up a
specialized team, in charge of controlling those places which are believed to
be violating the law (The Telegraph,
August 30th, 2012). If the 2012 U.S. Department of State Report on
Human Trafficking ranks Australia as one of the countries fighting against
human trafficking, it also establishes the existence of trafficking with the
purpose of sexual exploitation. People originating from Thailand, China, South
Korea, Malaysia, are the first concern and the networks, often very organized,
do not hesitate to use physical force, threaten family members, and blackmail
in order to refund the traveling debt. According to the Federal Police, 44 human
trafficking cases were conducted in 2012, of which, a third were linked to
prostitution. According to the same report, 11 sex trade victims were
identified in 2012 by the government and NGOs. Jennie Herrera however, recalls
that it is impossible to know today the scale of human trafficking in
Australia, but she estimates that the asianization of human trafficking with
the purpose of sexual exploitation is a reality that nobody can deny (NORMAC, December 10th, 2012).
Since 2003, 320 police operations linked to human trafficking have saved 187
people, among which, 167 were women. Among these women, 151 were forced into
prostitution (The Australian, March
12th, 2012).
Various
perceptions
In general, if there is no uniform approach in Australia, owners of
prostitution establishments will remain rather perceived as entrepreneurs.
Prostitution is considered a full time practice, especially in states where
prostitution has been legalized. This state of mind can be perceived in
legislative decisions. Thus in February 2012, the court of Canberra recognized
a motel owner who refused to rent out rooms to prostitutes as guilty. The Court
ruled that discrimination linked to a person's activities was subject to
possible condemnations.
Moreover, authorities and agencies in charge of granting licenses to
establishments forget to mention that many brothel owners continue to hire sex
victims, with an illegal status, because it is less expensive (The Washington Times, July 3rd,
2012). Not surprisingly, license owners are mostly men who benefit from an
activity that they do not practice themselves. According to an article in The
Conversation from October 1st, 2012, less than 10% of licenses
granted in Victoria concerned women. But it does not matter since the taxes
earned by the authorities on legal activities report significant sums. In a
report from the Tax Office (Australian
Studies Center, 2012) one learns that ten legal brothels can earn about
500,000 ($683,750 USD) for the government's pockets. In an audit conducted
for the ACT, it is read that an escorting agency of about one hundred people
can make, on average, a little less than 100,000 ($136,750 USD) a month. In
the suburbs of Victoria, the revenue of prostitution would amount to 360
million ($492.3 million USD) each year. It is then not surprising that
government agencies would want their piece of the cake. For Caroline Norma,
liberals, in their speech on sex workers' legitimacy, forget to mention the
profits made by the sex industry, procurers, pressures, constraints and
violence.
What can be said on the verdict rendered by the Supreme Court of
Tasmania on MP Terry Martin's case. He was caught with: possession of
pedopornographical material, using the services of 162 prostitutes on 506
occasions of which one was a 12 year old girl, all because of his Parkinson's
treatment which would make him sexually hyperactive... Verdict: the member of
Parliament must simply leave his office and seek treatment elsewhere. The
argument of his huge contribution to the community has been considered during
the hearings. There was another issue on minors, a publicized case, where two
sisters, 19 and 22 years old, would prostitute seven other minors to men in
their fifties, for a pittance. The two sisters were arrested as well as the
clients who were found. One of them was charged with rape.
Lessons
to be kept in mind?
As in other countries, it is mostly the illegal sector which appears
to benefit from the legislative systems where prostitution has been allowed
and/or decriminalized. In the state of Victoria, licenses were granted to establishment
owners still on file for corruption or human trafficking. Ideologically, there
are two opposing concepts: one promotes the free disposition of one's body and
the legitimacy of sex work, such as the union Scarlet Alliance, and the other, militates for a responsible
approach wishing to help prostitutes and suppress clients, such as the group NORMAC
which aims to promote the Swedish model. Australia is divided into two visions
without actually deciding. However, the movement in favor of regulating no
longer seems omnipotent. The multiplication of human trafficking and corruption
cases in regulationist states begins to discourage policies.
Sources
- 1 in 6 prositutes in Australia are
reportedly Korean , Dokdo South
Korean News, May 6th, 2012.
- ACT sex industry
is better protected under law, ACT
Government, Media releases, June 5th, 2012.
- Australian mega-brothel gets go-ahead , The Telegraph, June 20th,
2012.
- Madam slams proposed brothel legislation , ABC News, April 5th, 2012.
- Prostitutes, drug-dealers target Australia , Television New Zealand/Reuters, December
30th, 2012.
- Sex workers trafficked through Queensland mining
towns , Brisbane Times, July 10th,
2012.
- Andrews L., How this sex ledger helped convict ACT
brothel madam of slavery , The
Canberra Times, April 12th, 2012.
- Australian Government
Office for Women, Australian National
Action Plan on Women, Peace and Security 2012–2018, March 2012.
- Australian Human Rights
Commission, Exposure Draft Bill Crimes
Legislation Amendment (Slavery, Slavery Like Conditions and People Trafficking)
Bill 2012, Australian Human Rights Commission Submission to the Attorney
Generals Department, January 20th, 2012.
- Cho S.-Y., Dreher A.,
Neumayer E., Does legalized prostitution increase human
trafficking? , World Development,
Vol. 41, 2012.
- Clennell A., Premier Barry OFarrell takes a broom to
brothels across NSW , The Telegraph,
August 30th, 2012.
- Coalition Against
Trafficking in Women Australia, Annual
Report on activities of Coalition Against Trafficking in Women Australia 2012,
March 2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Donovan, B., Harcourt,
C., Egger, S., Watchirs Smith, L., Schneider, K., Kaldor, J.M., Chen, M.Y.,
Fairley, C.K., Tabrizi, S., The Sex
Industry in New South Wales: a Report to the NSW Ministry of Health, Kirby
Institute, University of New South Wales, Sydney, 2012.
- Gallagher B., Taxation and the sex industry, Special
Audit National Program Coordinator Australian Taxation Office, 2012.
- Herrera J., Holloway M.,
MacGregor I., Scarlet Alliance fails in bid to gag professor , Tasmanian Times, June 4th,
2012.
- Johnson S., Adultery at
the Cross, Australian Studies Center, 2012.
- Joudo Larsen J., Renshaw
L., People trafficking in Australia , Trends & issues in crime and criminal justice, Australian
Government, Australian Institute of Criminology, n.441, June 2012.
- King R., Prostitution laws hang in the balance ,
Western AustraliaToday, April 5th,
2012.
- Mickelwait L., Inquiry into the Exploitation of Women
through Trafficking, New South Wales Community Relations Commission For a
multicultural NSW, Exodus Cry Submission, August 3rd, 2012.
- Nordic Model Australia
Coalition (NORMAC), The Red Light report:
Towards a human rights approach to prostitution in Australia, International
Human Rights Day, December 10th, 2012.
- Norma C., Confronting the Australian politics of
resignation on prostitution , MTR,
March 5th, 2012.
- Olding R., Tip-off leads to trio of young Thai women
who were held as sex slaves , The
Sydney Morning Herald, February 3rd, 2012.
- Pineda E., Mining
booms spurs flourishing sex trafficking in Queensland , International Business Times, July 10th,
2012.
- Powell A., Re-opening the prostitution debate: its
time to make women safer , The
Conversation, October 1st, 2012.
- Scarlet Alliance
Australian Sex Workers Association, Submission
to the Regulation of the Sex Industry in Tasmania Discussion Paper 2012,
March 23rd, 2012.
- South Australia House of
Assembly, Statutes Amendment (Sex Work
Reform) Bill 2012, n. 60, May 31st, 2012.
- Thomas B. No deals on prostitution laws , West Australian, April 10th,
2012.
- Thomas B., Boost
for prostitution reform laws , West
Autralian, May 14th, 2012.
- Tyler M. (Dr), Jeffreys
S. (Prof.), Rave N., Norma C., Quek K., Main A., Chambers K., Not just harmless fun: the Strip Club
industry in Victoria, Coalition Against Trafficking Women Australia, 2010.
- Wightman B. (Hon.), Regulation of the sex industry in Tasmania
– Discussion paper, Attorney General, Minister for Justice, 2012.
|
Austria
|
- Population: 8.4 million
- GDP per capita (in US dollars): 47,226
- Parliamentary system
- Human development index (HDI): 0.895 (ranked 18th out of
187 countries)
- Gender inequality index (GII): 0.102 (ranked 14th out of
147 countries)
- Member of the European Union since 1995.
- No official national statistics on prostitution.
- Legal framework: decriminalization of prostitution (in 1974) -
taxation of prostitutes (1983). Access for the latter to social insurance
(1998).
- The law of November 1st, 2011 set the practice of
prostitution within a legal framework in the capital: it forbids soliciting and
limits prostitution to only some districts, mainly around the Prater and Auhof
areas so as to keep the practice of prostitution away from residential neighborhoods.
- On June 1st, 2012, the court of Graz overturned its
judicial precedents so that prostitutes are allowed to declare their income.
- Legislation of prostitution is unique to each Austrian land
(territory), hence the governments clear aim in March 2012 to conciliate the
different federal laws.
- Nigerian and Chinese channels appear in massage parlors.
- In 2012, 242 trade victims were identified.
- Construction of the largest brothel in Europe in Viennas suburbs,
in November 2012.
- Country of transit and destination for human trafficking, especially
with the purpose of sexual exploitation.
- 80% of the trafficking victims in Austria are women forced to become
prostitutes; they come from Bulgaria, Romania or Hungary and half of them are
minors.
Prostitution is more and more present in the Austrian political scene,
and yet this issue is not a new one on the leaders agendas. Prostitution was
no longer penalized as of 1974. In 1983, tax-paying became compulsory for
prostitutes and in 1998, they could benefit from social insurance. Nevertheless
the law of November 1st, 2011 which set a legal framework for the
practice of prostitution entailed a social debate and a deep reflection on the
place and rights of prostitutes. However it is still difficult to achieve a
synthesis of the situation in Austria, because there are no official figures.
In 2012, Elizabeth Tichy-Fissbleger[30],
a specialist, estimated that 80% of the trade victims in Austria were women
forced to become prostitutes, coming from Bulgaria, Romania or Hungary and that
half of these persons were minors. But the year 2012 confirms that the number
of Nigerian and Chinese channels is increasing through the appearance of
massage parlors.
Mixed
results after a years law on prostitution in Vienna
On November 1st 2011, Austria established a law against
soliciting, which limits the practice of prostitution to certain districts,
mainly around the Prater and Auhof[31].
Its main aim was to keep prostitution away from residential neighborhoods.
One year later, the situation shows mixed results. 1,784 fines for
illegal prostitution were given to 250 people. 3,039 prostitutes were arrested
in residential areas. The increased number of investigations by the police
enabled them to give fines to clients and thus contributed to reducing the
activities. The law has indeed allowed improvement of the close-by inhabitants
situation, but the text by itself does not address all the problems.
Whereas one of the aims was to draw prostitution out of the gray
zone so as to avoid exploitation, violence and abuse, it turned out that women
withdrew to venues and apartments illegally, in search of safe places. Most of
them work in cars, at the clients mercy or in a few hotels rented hourly.
Besides, the majority of establishments do not abide by regulations.
The law made it compulsory for the brothels owners to get a license, the main
standards for which were safety and hygiene (a shower, an alarm signal, a
distinct entrance, no visibility from outside). Only 23 venues out of 450 got
the license. Yet, according to Sandra Frauenberger, who is the instigator of
the law, one of the positive elements is the creation of small establishments
run by women. But prostitutes have become less visible and more difficult to
approach by social services and associations. Lots of them fear they might
become more dependent psychologically and financially (incurring huge debts) on
brothel owners. Contact has been lost with about 150 women, Nigerians in
particular. The latter were working around the Westbahnof but did not go to the
permitted zones.
Since prostitution has been concentrated in two districts, many women
have felt the need for a procurer who makes sure, in exchange for money, that
no cheaper competitor appears and settles the conflicts between the women. The
lack of bathrooms also increases the dependence on a procurer, as the city has
not provided proper installations. Thanks to the procurer, they can use the
baths of an apartment or go into a bar through an agreement with its owner.
Discussions
on the possible improvements of the law dated November 1st, 2011 are still
going on
Originally, Viennese people agreed with the principle of the law, but
none of them wanted to see her or his district to become a zone of tolerance.
The Prater was very quickly jammed, while the Auhof was deserted as it was no
longer safe. The bustle around the Prater led the inhabitants to complain about
the prostitutes soliciting. The latter dared come up to men accompanied by
their children or threatened passers-by as soon as they were getting out of the
subway. As a result, in Spring 2012, the law was adjusted and the discussion to
open prostitution to other districts began. From now on, prostitution around
the Prater is only permitted at night, between 10pm to 6am, so that the
population may enjoy the day activities of this district without being
disturbed. The Auhof is no longer a red zone, for safety reasons. The practice
of prostitution at night around the school of economics or in Leopolstadt was
discussed, but the project was not achieved because of the protestations from
the local and tourism representatives. Consequently, the Prater is the only
zone, where prostitution is allowed. Almost 820 complaints for violations
against the law on prostitution were registered in as short a period as the summer
2012.
The FP (far right), the VP (conservatives) and the Green party blame
the law for being inefficient through hiding prostitutes in the day time and
pushing them towards Viennas limits at night. On the other hand, the Green
party launched a campaign on June 12th 2012, on the occasion of the
international day of prostitution which was entitled: Ich seh, ich seh, was du nicht siehst, und das ist
sexarbeit in Wien (I see, I see what you dont
see, and its prostitution in Vienna). This campaign intends to make
prostitution a perceptible reality by denouncing breaches of the law in the
capital and the low number of safe places for prostitutes. Indeed the
campaigns spokeswoman, Birgit Hebein, compares prostitutes with balls that
district representatives and policy makers throw at each other.
However, Sandra Frauenberger does not wish to modify the text of the law.
A study meant to compare the systems of prostitution in Sweden, the Netherlands
and Austria has been ordered by the capitals politicians; it was being written
in 2012.
Towards
a new definition of prostitutes rights
The court of justice of Gratz modified its case law (jurisprudence)
when it allowed prostitutes to declare their income tax. Up to now, the court
was against this measure as it judged these contracts to be illegal. The
decision was brought about by the complaint from a bar-keeper who had lent
money to a prostitute and one of her clients; the debt rose to 12,000 ($16,503
USD) for the woman and the drinks. The court of first instance had decided that
only the money for the drinks was to be paid to the bar-keeper. But on appeal,
the court admitted the money lent by the bar-keeper to a client for a prostitute
was no longer immune from repayment; so the debt and the prostitutes income
were fully acknowledged.
Austrian associations were gathered for a workshop by the Ministry of
Womens Rights in July 2012; it claimed the next important step to achieve was
the end of lewd outrage, was with the implementation of regular
investigations in brothels and the cancellation of legal costs. Indeed
associations consider that, once the prostitutes have signed a contract, they
will be protected by the Austrian law. They denounce the important amount of
legal duties to fulfill by the prostitutes (income, compulsory registration,
legal residence permit, weekly medical examinations) and the few rights
secured for these women. These social rights are all the more important, as 80
to 90% of the prostitutes in Vienna are former immigrants. This figure can be
explained by the low number of jobs available to asylum seekers in Austria:
prostitution, harvest or seasonal work. The workshop made several propositions
in its conclusions: the federal competence should be appealed to in order to
regulate prostitution on a higher level, procurers and traffickers should be
punished more severely, risky sexual practices should not be publicized[32]
The reform of the system seems to be all the more essential as it has
been shown that Nigerian rings take advantage of the legal framework of
Austrian prostitution and the process of asylum request in order to keep
control of their victims[33].
The
harmonization of the law is at stake: the Carinthie as an example
Each territory
(land in German) has its own law concerning prostitution. But the national
action plan to fight against trafficking, which was adopted by the government[34] in March 2012 claimed, as
its main goal, the deliberate conciliation of the different federal laws. Laws
actually differ a lot from one region to another.
For example,
in May 2012, the Carinthie region was planning to take in 100 ($137 USD) per
month and per prostitute (street or parlors) so as to earn 500,000 ($685,300
USD) a year. This tax was suggested by the Dobernick representative; it was
rejected by the town councils and the Womens Ministry, for reasons of security
and equality. Besides this measure would have weakened these womens already
precarious situation and led the police authorities to raise a tax, an unusual
activity for them.
Nevertheless,
on September 25th 2012, the Carinthie parliament unanimously passed
a bill which has much to do with the Viennese example. From now on, the
brothels must be placed 300 meters away from schools, kindergarten, sports and
entertainment installations, religious buildings, hospitals and barracks. The
police will be trained to better prevent the problem and will conduct more
severe investigations into the establishments in order to detect abuses and
cases of trafficking in human beings.
Such
investigations became necessary after two events occurred in the region. The
first one: in the course of a raid of a brothel in Klagenfurt, the capital of
Carinthie, a girl, aged 15, was found. She was a native of Romania and had been
abused and ill-treated. Although she owned a health record and was officially
registered as a prostitute by the authorities, she had become a victim of the
Romanian loverboys like her fellow country women who becomes adult
prostitutes. These loverboys, who had brought her to Austria, acted as
burglars while the girls were sexually exploited. They were also under an
international arrest order. The owner of the prostitution venue claimed he was
innocent and had been cheated. The second event was the suspension of a police
officer who formerly worked at the head of the group for the fight against
trafficking and clandestine immigration. He is accused of promising prostitutes
in an illegal situation that they would not be harassed in exchange for sexual
services.
Trans-border
operations against human trade
The
traffickers who were arrested during the Montana European Operation[35] were sentenced in March
2012. Three men and three women were accused of exploiting 31 persons and
forcing them into begging and prostitution. The enterprise was a family one.
Victims and traffickers were all coming from Montana in Bulgaria, one of the most
destitute regions in the country. The guilty parties were sentenced to
imprisonment with terms that ranged from 12 months to 4 years. The Austrian
associations were critical of the penalty, which they found lenient as compared
with the violence of the crimes. In 2012, only 45 traffickers have been
prosecuted, about 10 fewer than in 2010. In many cases, there was not enough
evidence to allow significant condemnations.
In March 2012,
another European raid was led in order to dismantle a Hungarian procuring ring,
which operated in Belgium, the Netherlands and Austria. The police of these
three countries worked in collaboration to arrest a Hungarian couple who
recruited each week women and girls from their country and forced them to become
prostitutes along the national roads.
In 2012, the
Austrian government identified 242 trade victims, slightly fewer than in the
preceding year. The authorities contributed to the creation of a shelter for
female victims, which is run by nuns from the NGO Solwodi. This sheltered-housing
can receive 8 persons and provides literacy courses, psychological and legal
support, medical care and help to return back to Nigeria, Romania, Bulgaria or
Moldavia.
No
institutional help is given to male victims of the trade. The Austrian branch
of Amnesty International has denounced the growing threat of victims being
forced to return to their country, even when they are willing to testify at
their trial.
The
largest prostitution venue in Europe
In November,
the project of building the largest brothel in Europe in a Vienna neighborhood
was announced. Planned for 2014, the Funmotel will host 150 prostitutes.
About 1,000 clients are expected to come each day. A parking lot for cars and
coaches will be available to them while their privacy will be protected by a
three meter high wall. There will also be a gym, a beauty salon and a
restaurant in the building. Gang-bangs, swapping and relations with
pornographic stars will be allowed.
Two
businessmen, Peter Laskaus and Werner Schmidt are at the origin of the project
which will cost 15 million ($20.6 million USD). They estimate that the
Funmotel will induce new standards concerning the field of prostitution.
Schmidt even compares his project with the commercial transition from local
groceries to supermarkets. The site is not yet precisely known; however, the
press thinks administrative authorities and the police have already agreed with
the project.
Austria is in
a paradoxical situation as far as prostitution is concerned, as compared with
its European neighbors.
On the one
hand, the Viennese law contains strict rules, which regulate prostitution in
the capital, for reasons of security and image. This reform is the only one at
the time being, but the 2012 events reveal it has inspired other Austrian
regions and has become a kind of model in spite of its mixed results. On the
other hand, there exists this authorization to build one of the largest
prostitution establishments in the EU, intentionally placed near the capital so
as to lure international clients, and self-named sex supermarket. The
political addresses to this project are rather soft (Sandra Frauenberger is
delighted that women will be practicing in safer conditions!).
It will be
interesting to follow the on-coming development of the situation in Austria. Indeed,
whereas countries, such as Germany or the Netherlands where prostitution in
large venues is very much developed, seem to be learning toward a more
restrictive approach, Austria seems to adopt another view.
Sources
- Ein Jahr
Wiener Prostitutionsgesetz, Die Standard,
November 2nd, 2012.
-
Prostituierte knnen Lohn einklagen , Die
Standard, June 1st, 2012.
-
Sittenwidrigkeit soll fallen , Die
Standard, July 3rd, 2012.
- Wiener
Prostitutionsgesetz: Keine Novelle ntig , Die
Presse, May 25th, 2012.
- Aichinger P., Geld
fr Sex ist nicht mehr sittenwidrig , Die
Presse, June 1st, 2012.
- Blei B.,
Prostitution drngt Frauen weiter in die Illegalitt , Die Standard, May 3rd, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Stger
K., Illegale Prostitution Lage eskaliert , Die Presse, September 6th, 2012.
|
Belgium
|
- Population: 10.8 million
- GDP per capita (in US dollars): 43,413
- Federal government - Constitutional monarchy
- Human development index (HDI): 0.897 (17th
rank among 187 countries)
- Gender inequality index (GII): 0.098 (12th
rank among 147 countries)
- Founding Member of the European Union since 1952.
- No official national
statistics on prostitution.
- 23,000 prostitutes
according to the police report (Official
site of Joelle Milquet, December 4th, 2012); between 15,000 and
20,000 prostitutes according to Tampep
in 2009.
- 15,000 prostitutes, of
which 5,000 are in Brussels (Espace P).
- 4,000 to 5,000
prostitutes in Brussels, a third of which are men (Lavenir, November 16th, 2012)
- Abolitionist regime
since 1948, confirmed in 1965.
- Regulationist components
in municipal policies.
- The law of April 13th,
1995 (article 380) represses the organizational forms of prostitution
(procuring, managing institutions of prostitution, soliciting).
- Human trafficking is set
by the 5th and 9th paragraphs of article 433 of the Penal
Code.
- The law of August 10th,
2005 modified various provisions, and reinforced the fight against trafficking,
specifically human trafficking.
- Essentially a
destination and transit country for trade victims.
- Main countries of origin: Bulgaria, Romania,
Nigeria, China, Morocco, and Albania.
In Belgium,
the legislative situation remains paradoxical. Although the country is still
officially abolitionist, certain components of prostitution are largely
organized and governed in towns. The debates surrounding prostitution continue
and the solutions are imperfect –still trying to find the least bad.
While waiting, this paradoxical legislation has been partially accepted and institutionalized
at the level of the authorities (differences at the local and national level),
which opens the door to abuses. The discrete traffickers survey and supply
the labor, often with the knowledge of the authorities. While complaints of sexual exploitation have
in fact decreased, victims are present, often outside the normal field of view
and the situation remains half accepted, half-fought, not without reinforcement
of trivialization of the sex market.
Prostitution:
social issues or electoral issue?
In December of
2012, 8 senators from the Mouvement Reformateur (MR)[36]
filed a bill to "renforcer la lutte contre l'exploitation sexuelle,
rglementer la prostitution et humaniser les conditions de service (strengthen
the fight against sexual exploitation, and to regulate prostitution and to
provide humane conditions of service) (Belgian
Senate, February 6th, 2013). While in the first review of the
Swedish model, which would according to them, increase health risks and lead to
isolation of prostitutes, they presented in their proposal, a series of
measures to regulate prostitution under conditions to create an "statut social independent, (independent
social status)" and to help prostitutes curb practices that are deemed
non-compliant. The text also provides extended communal power, which must
define the boundaries and schedules of the practices. This independent status
would be obtained from a National Council for the Fight against Sexual
Exploitation, composed of a civil society that are involved in
prostitution-related issues and representatives of local authorities, after the
prostitutes are registered. The status would guarantee, according to the
authors of the bill, the "conditions
dexercice (conditions of
practice)" that agree with the legislation. The law would also grant the
right to give "habilitation (clearances)"
to salons and would ensure that the "tenanciers
(tenants)" receive neither "profit
anormal (abnormal profits)," abnormal services, or excessive rents (RTL, December 13th, 2012).
Using the term prestataires de services
sexuels (providers of sexual services) to speak of prostitutes, the
senators, at the origins of their bill, also provide administrative retaliation
for any difference in the rules of the common. These measures are particularly
aimed for owners of salons. Though the press is talking about this in context
of strengthening the fight against trafficking in women, the draft law proposed
by the eight senators of MR cleverly never used that word in the ten items on
display.
The Belgian
context remains quite particular. The country officially became abolitionist
under the suppression of the law on regulation in 1948. Since then the
ratification in 1965 of the Convention of December 2nd, 1949 for the
suppression of trafficking and the prostitution of others, confirmed this
option. But, although prostitution is legal today, the exploitation is
forbidden and is not considered an official profession. A number of brothels,
known by the authorities, are tolerated, with full knowledge of the facts.
Legal,
forbidden, tolerated, and regulated: in total, each arranges with the
"legal limbo." The arbitrariness prevails. For Sophie Jekeler,
director of the Foundation Samilia which fights against human trafficking,
there are still de nombreuses composantes rglementaristes dans les
politiques communales () L'approche belge rsulte davantage d'un
savant compromis entre pragmatisme et dogmatisme (many
regulationist components in municipal policies (...) The Belgian approach is more the
result of a clever compromise between pragmatism and dogmatism) (Education Sant, May 2012). For Espace P, an association that fights for
a society where prostitution would be allowed, cette proposition de loi ne
fait qu'officialiser la situation actuelle (this bill merely formalizes the
current situation)" (La Dernire Heure,
December 14th, 2012). The police and the social workers are not
optimistic about the willingness of people to register if this proposal were to
be accepted.
The debate
between abolition and regulation continues. Politics are extremely rushed,
especially in the local level. Difficult to see clearly in between the real
convictions of some and the electoral posters of others. When it comes to handling
the demands of prostitutes, to fight against exploitation, crime and discontent
among residents who are sometimes very virulent, finding a compromise is a
perilous exercise. Thus, in the 2012 election of Saint-Josse, a neighboring
municipality of Brussels that has a northern district that is very concerned
about prostitution, all candidates spoke on the subject. The socialist, Emir
Kir declared that la prostitution cre beaucoup de nuisances pour les
habitants ainsi que de l'inscurit (prostitution
created many inconveniences for the residents as well as
insecurities).Although the common voted on this matter in June 2011, a rule (Administration
communale de Saint-Josse-Ten-Noode, June 29th, 2011), intended
to limit the number of carre (windows in houses with prostitutes
behind them)[37], was just put into place this summer.
Reportedly, there are 102 rooms like this today (Le Soir, September 18th,
2012). The Secretary of State of Brussels for Social Action has also
spoken of the management of prostitution on the Antwerp model of Villa Tinto, a
place regulated and built of fifty windows as previously described with social
support in a "secure environment. Celine Fremault, of the Centre Droit Humaniste (CdH, Center
Right Humanists) of Brussels, strongly criticized this position by saying that
prostitution was one of the "dernires forms de violences faites aux
femmes (last forms of violence against women)" and refused to
legitimize a "tat prostitueur (state prostitute) (LAvenir, November 16th,
2012) with this type of project. Her colleague, Eric Jassin, another local
candidate, does not share this opinion. He hopes to decrease the number of
persons, but does not formally oppose a project like that of Villa Tinto in
Saint-Josse. The ecological candidate, Zo Gnot, is not against prostitution,
but she wants to contrler les carres (control the buildings with
windows for prostitutes), while the candidate of the Blues, GeoffroyClerckx
believes that "la prostitution nest
pas gre (prostitution is
not managed)" and that " les
riverains sont oublis (residents are forgotten) (Le Soir, September 18th, 2012).
Belgium also
hosted a large gathering of abolitionist NGOs on December 4th, 2012.
Milquet, vice Prime Minister and Minister of Interior and Equal Opportunities,
participated in the Conference of European Women's Lobby (EWL) on "10
years of policies on prostitution," which was held at European Parliament.
He has clearly demonstrated his abolitionist position and recalls today "daprs
les rapports de police, en Belgique, on estime le nombre de prostitues 23
000. Parmi celles-ci, 80% (soit 18 500 prostitues) seraient
victimes de traite et une majorit des autres dexploitation sexuelle" (According
to police reports, in Belgium, the estimated number of prositutes is 23,000. Of these, 80% (or 18,500
prostitutes) are victims of trafficking and the majority of the others are
victims of sexual exploitation (Official
site of Joelle Milquet, September 30th, 2013). Finally, the
hesitation between abolitionism and regulationism can be found at all levels of
decision-making from national to local. For the authorities, like for the
politicians, the position face to face to prostitution and its inclusion in
society is more acrobatics orchestrated between repression, tolerance,
organization, and rejection of a global vision.
Prostitution
of the road, of windows, and of residents: a difficult equation
In Brussels,
the Alhambra quarter focused their attention on prostitution in 2012. In May,
Mayor Freddy Thielemans (PS) wrote on his Facebook page: " La
prostitution et son lot de nuisances n'ont plus leur place Bruxelles et
encore moins dans le quartier Alhambra dont la rnovation par les autorits publiques
se termine (Prostitution and its share of pollution have no place in
Brussels and even less in the Alhambra neighborhood, whose renovations by
public authorities are finishing).[38]"
A true discourse for exasperated residents. In June, the city published a
decree (Arrt communal de la ville de
Bruxelles, 2011), having seen a deterioration of their area, largely due to
the development of prostitution that was in conflict with the function of
housing. Entered into force in May, the order defines a new regulation defining
a large area within which any prostitution activity is excluded from the public
sphere. This prohibition also includes activities related to prostitution,
particularly motorists soliciting prostitutes. It establishes an administrative
fine of up to 250 ($335 USD) for anyone who violates the provisions of this
regulation. This text has certainly caused opponents to react. For Marion
Lemesre (MR), "ce n'est qu'une petite rforme pr-lectorale, qui ne
rsoudra pas les problmes de rseaux d'exploitation d'tres humains,
et ne fera que dplacer la prostitution dans un autre quartier" (it is
only a small pre-electoral reform, which will not solve the problems of
networks of exploitation of human beings, and will only move prostitution to
another district) (Thielemans, June 4th,
2012). For Marion Lemesre, Antwerp is an example to follow: "STOP Antwerp
regulation is clear: street prostitution is forbidden in the entire
territory." While some 1,600 prostitutes are active in the area, an
initial report in mid- September already mentioned 42 administrative fines
between July 15th and September 15th, including 452
against motorists identified by their registration number (Le Soir, September 24th, 2012). Nonetheless, very few
prostitutes were punished. In September, the association Espace P and several prostitutes tried to oppose the new regulation
on an appeal to the Council of State. Punishing customers and soliciting is not
within the competence of commons. For the mayor, however, the new law is a
success because prostitution "has decreased by 30% in the area since the
introduction of sanctions" (Le Vif,
September 4th, 2012).
A little
further north, in Schaerbeek, is the problem of Aarschotstreet, another place
where prostitution is seen as "a degradation of the quality of life"
of a neighborhood. A new police regulation on prostitution in windows was
introduced in late 2011 (Commune de
Shaerbeek, June 2011). It limits the exploitation of prostitution
establishments to certain areas, allows only one operator per address, and a
prostitute must be in control. To keep a room, one must be in possession of a
"Certificate of Compliance" from the College of Mayor and Aldermen.
The operator must have a clean criminal record. Violators are subject to administrative
fines, the minimum was set at 200 ($268 USD). Six clients filed a number of
appeals to the Council of State, which were all rejected (La Dernire Heure, March 26th,
2012). Reportedly, there are still a little less than a hundred rooms
showcasing prostitution in the area.
If the goal of
authorities is to fight against the sexual exploitation linked to prostitution,
why use such a high property tax? On Aarschot street, a 30 m2 (322
sq ft) room reports 1,000 ($1,340 USD) for property tax (Le Soir, July 30th, 2012).
Equally challenging, to see this regulation as a tool in the fight against
trafficking while on the same street, "one finds 90% of Bulgarians and
Romanians (La Dernire Heure, February 29th,
2012).
The Antwerp experience of Villa
Tinto, former center of commerce transformed into aisles with windows for a
prostitution mall, has many followers, especially in the political world
(several local elected officials are for a similar project in their community)
and with several associations. But it also has its detractors. In the analysis
of "the establishment of resorts dedicated to prostitution," the
Commission CEPESS led by Cline Fremault, the authors note, in terms of Villa
Tinto, that the system is "inefficace dans la lute contre la
traite des tres humains" (ineffective in the fight
against trafficking in human beings). They believe that traffickers are still
operating, and that they have become more adept at leaving much of the money
earned to prostitutes. They add that " presque toutes
les personnes prostitues sont contrles par un proxnte. La ville est au
courant de leur prsence" (almost all prostitutes are controlled
by procurers. The city
is aware of their presence).
In Ghent, a new regulation was
implemented on October 1st. Solicitation, the "spot light"
and "provocative attitudes" are now punishable by a fine of 120
($160 USD). However, the mayor defends prostitution, "une
ville comme Gand a besoin de prostitues. Mais elles doivent obir des rgles (a city like Ghent needs prostitutes. But they must obey the rules)" (Libration,
September, 24th 2012). Meanwhile, police multiply controls in the
pink area. During an operation which involved dozens of police in June, the
police made several "administrative arrests." They found that nearly
200 people came to Ghent, from northern France, to "visit some addresses
of prostitution" (Le Soir, June 24th, 2012). Several
hundred French sex tourists would in fact go every weekend to the bars in the
city.
In Charleroi, an urban renewal plan
has resulted in a shift of prostitutes since August 2011, which was not without
causing some tensions of local residents. The municipal authorities have made three
proposals for the relocation of prostitutes; one envisages the creation of an
"eros center" in Charleroi. Politics, residents, associations, and
prostitutes do not find common ground, each feeling aggrieved by the proposals
of others. We see how difficult local officials are trying to
"channel" prostitution on their territory without really succeeding.
However, complaints of sexual exploitation have decreased since 2010.
From 653 complaints in 2010, only 471 complaints were filed in in 2011. Under
the growing weight of taxes, rents and prostitution windows, prostitutes will
be "folded" to massage parlors and hotel rooms. For the association
Payoke, there was no decrease, but "une partie de la prostitution
disparat purement et simplement des radars (part of the prostitution
simply disappears from under the radar)" (L'Express.be, July 30th, 2012). With each new
measurement, prostitution adapts and the sex industry reaps.
Working
in dirty sheets
Obviously, how could we forget the "Dodo Brine" case as the
press and even television have made and continue to make their bread and butter,
but beyond this high level of media coverage, symbolizes the evil of an
organized system, which arrives at self-justification in the exploitation of
prostitutes. The trial began in March 2012 at the Criminal Court of Tournai,
with Dominique Alderweireld (Dodo) and seven other defendants for a wide case
of pandering. One learns during the debates that Dodo had eight schools, in
which young women were recruited through advertisements, but forced to declare
themselves "independent". The story does not look like that of a procurer.
At the bar among the accomplices, one finds three men and women, but none of
the victims, who provided information in the present hearing, even though
dozens of them were "employed" in institutions in question (bars and
massage parlors). Nothing surprising about that. For Yves Charpenel, president
of the Fondation Scelles, "les
personnes prostitues dposent puis disparaissent (the prostitutes
deposit and then disappear)," often overtaken by the pressure or fear of reprisals,
making it difficult for investigators to characterize the facts of trafficking
and procuring. The deputy prosecutor Master Algo has mentioned during the trial
of "faits de sequestration et d'intimidation l'gard des filles (acts
of kidnapping and intimidation against girls)" (Le Soir, March 16th 2012) to prevent them from
testifying. To the Office Central pour la Rpression contre la Traite
des Etres Humains (OCRTEH), there is
no possible doubt that, "les personnes prostitues qu'il enrle sont presque
toutes roumaines, places en Europe par des mafieux roumains (the
prostitutes that he enlisted are almost all from Romanian, placed in Europe by
Romanian mafia)" (Le Nouvel
Observateur, March 15th, 2012). This is one reason, among others, why
Dodo had to respond to allegations of "keeping house of prostitution or
debauchery," "prostitution," and "pandering", which he
found himself accused for 2000 -2009. His main line of defense, widely heard in
the media, was to claim persecution of a man. "Pourquoi moi? (Why me?)" Repeated the accused, "alors que cette activit est largement rpandue
(the activity is already largely spread). Pourquoi il devrait tre accus
pour la tenue de maison de dbauche alors qu'il existe plus de 3 500
tablissements similaires en Belgique (Why should he be indicted for keeping brothel while there are
more than 3,500 similar establishments in Belgium?) added Mr. Wery, his lawyer
(Le Point, March 1st, 2012
). The prosecution, beyond a man and his accomplices, has focused its argument
to remove the "Dodo system," an exploitation of prostitution with
authors of "criminal association" (recruitment, "meter
reading," and pressure monitoring) and victims (several dozen) who
explained to police, that they have been abused. Some people declared
themselves "independent, others were administratively listed as
"part time sports masseuses (Le
Nouvel Observateur, March 15th, 2012), but the establishment
takes around half of the earnings of prostitutes. Profitable for Dodo and his
accomplices: 630,000 ($847,000 USD) in annual sales. In the indictments, his
lawyers asked how they could blame their client "of having organized its
activity if it is considered that it is tolerated?" (Nord Eclair, March 23rd, 2012) and called for an
acquittal. Bottom line, Dominique Alderweireld was sentenced to five years
prison sentence for procuring and organized crime. The press had mixed results,
which the court did consider, as they were embarrassed by the defenses
arguments. However, the court did not hesitate to confiscate revenue activities
Dodo and his accomplices earned: 4.2 million ($5.6 million USD), 2.7 of
Dodos assets will be foreclosed on (Le
Nouvel Observateur, June 21st, 2012). A powerful symbol.
Trafficking
and exploitation: Gains and pains
Belgium is considered a country of destination and transit for its
geographic position for human trafficking for sexual exploitation. The 2013
U.S. Department of State Report on Human Trafficking mentioned Bulgaria,
Romania, Albania, Nigeria, and China as the main countries of origin of victims
in Belgium. The 2013 report of GRETA adds Morocco to this list for 2012. On the
site for the European Union, one can also read that most of the criminal groups
of simply trafficking through organized networks come from Bulgaria, Romania,
Albania, Nigeria, and Brazil. Certain Belgian women are prostituted in
Luxembourg. In 2012, 190 suspects of trafficking for prostitution were
investigated (50% of those investigated were for suspicions of trafficking), 48
were found guilty and condemned to prison terms of 5 years. On the ground, many
cases are related through the press. For example, in February, a man and three
Nigerian women were condemned to prison sentences between one to six years and
fines from 2,750 ($3,696 USD) to 5,500 ($7,393 USD) for trafficking in
human beings and prostitution with threats to the victims. Four of the victims
testified and helped to dismantle this network of people who also operated in
Turkey, Norway, Denmark and Spain. The victims were lured to Europe with false
promises of jobs or studies. Nigerian networks have even established
"victim exchange programs (European
Commission). For Yves
Charpenel, we are faced with "un march qui s'accrot et se
complexifie() C'est d'abord une affaire d'argent (a market that is growing
and becoming more complex(...) This is primarily a matter of money) (La Libre Belgique, October 25th,
2012).
The networks of traffickers are becoming very adaptive. Once a victim is
suspected of being involved in a case or a police investigation, the networks
take her to a neighboring country, and so on. In Lige, in September, the court
condemned three Bulgarian procurers who prostituted a dozen young women, including
a minor 15 years old. They were sentenced to prison terms ranging from five to
six years for acts of trafficking, defilement, violence, and threats. The young
women had a minimum quota of customers every day. They were continuously
monitored by the traffickers, who had rented an apartment in front of the
sidewalk, where they were forced to wait for their customers. In October, a 39
year-old Albanian procurer was sentenced to eight years in prison for
prostituting young Belarusian and Lithuanian women.
Belgium has
taken important steps in the fight against human trafficking and victim
assistance has grown steadily since the 90s, as mentioned in the report of
GRETA. Inter-departmental coordination with representatives of ministries and
public agencies concerned with these issues is responsible for implementing the
second national action plan against trafficking for the period 2012-2014. The
Center for Equal Opportunities and the Fight against Racism evaluates the
entire system. There are three specialized centers for the victims that offer a
full range of assistance ranging from accommodation to legal support. 185 new
adults were assisted in these three structures in 2012. NGOs have been widely
associated with different resources and several associations have been praised
by the GRETA report for their contribution to the fight against human
trafficking in Belgium.
Sources
- Gand, les prostitues sommes de se rhabiller ,
Libration, September 24th, 2012.
- Affaire du Carlton: prison avec sursis pour le
proxnte "Dodo la Saumure" , Le Nouvel Observateur,
June 21st, 2012.
- Dodo la Saumure comparat devant la justice
belge , Le Point/AFP, March 1st, 2012.
- La
proposition de loi officialise une situation dj existante , La
Dernire Heure, December 14th,
2012.
- Les avocats de Dodo la Saumure plaident pour son
acquittement , Nord Eclair, March 23rd, 2012.
- Prostitution Bruxelles : lenthousiasme de Kir
pour la Villa Tinto nest pas partag , L'avenir, November 16th,
2012.
- Prostitution de rue : plus de 500 PV dresss
dans le quartier Alhambra , Le Soir, September 24th,
2012.
- Prostitution: 225 amendes pour nuisances dans le
quartier de l'Alhambra , Le Vif, September 4th, 2012.
- Prostitution: le MR veut en finir avec "la
tolrance et le laxisme" en Belgique , RTL, December 13th, 2012.
- Rglement de police relatif la prostitution en
vitrine , Commune de Shaerbeek, June 2011.
- Vaste opration de police dans le quartier rose
de Gand , Le Soir, June 24th,
2012.
- Une Europe libre de la prostitution... Maintenant
! , Fondation Scelles Infos, n. 19-20, December 2012.
- Ben N., 15.000 personnes se prostituent en Belgique , La
Dernire Heure, February 29th, 2012.
- Biolley (de) I., Loeckx P., Serrokh N., Frmault C.
(Prside par), La mise en place de
complexes hteliers ddis la prostitution – Analyse, Rapport de la
Commission Cepess, Collection CEPESS , December 2011.
- Cangelosi M., Les prostitues ne sont pas toujours
prtes porter plainte , Le Soir, July 30th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Defraigne C., Tilmans D., Brotchi J., Decker (de) A.,
Deprez G., Courtois A., Miller R., Bellot F., Proposition de loi visant renforcer la lutte contre lexploitation
sexuelle, rglementer la prostitution et humaniser ses conditions
dexercice, Belgian Senate, 2012-2013 Session, Legislative document,
n.5/1960/1, February 6th, 2013.
- Demannez J. (Bourgmestre-Prsident), Nve P. (Secrtaire
communal), Rglement de police relatif
la prostitution en vitrine – Extraits du registre aux dlibrations du
Conseil Communal, Municipal administration of Saint-Josse-Ten-Noode,
Meeting of June 29th, 2011, 29.06.2011/A/002, June 29th,
2011.
- Dupont G., Les prostitues devront se
plier , La Dernire Heure, March 26th, 2012.
- Durieux S., Lautre visage de Dodo , Le
Soir, March 16th, 2012.
- GRETA (Group of Experts on Action against
Trafficking in Human Beings), Council of Europe, Report concerning the
implementation of the Council of Europe Convention on Action against
Trafficking in Human Beings by Belgium, First evaluation round, GRETA(2013)14,
Strasbourg, September 25th, 2013.
- Hovine A., Prostitution force : petits
risques, trs gros profits , Lalibre.be, October 25th,
2012.
- Lefebvre A., La prostitution en Belgique se
dplace-t-elle vers des lieux plus 'cachs'? , LExpress.be, July 30th, 2012.
- Leva C., Villain M., Interdire ou organiser la
prostitution – 1re partie – Ides reues et ralits du
phnomne , Education Sant, n.278, May 2012.
- Lhuillier V., La prostitution, vitrine pour
candidats , Le Soir, September
18th, 2012.
- Milquet J., 80 % des prostitues seraient
victimes dexploitation , Official website of Jolle Milquet, December
4th, 2012.
- Milquet J., Se remobiliser contre lexploitation
sexuelle dautrui , Official website of Jolle Milquet, Press release,
September 30th, 2013.
- Rglement de police relatif la
prostitution en vitrine, Municipal law of the City of Brussels, 2011.
- Thielemans F. (Bourgmestre-Prsident), Rglement de lutte contre la prostitution de
rue dans le quartier Alhambra – discussions, Municipal Council
in Brussels on June 4th, 2012, Conseil communal de Bruxelles du 4
juin 2012, pp. 5-11 (French and Flemish).
- Thielemans F. (Bourgmestre-Prsident), Symoens L.
(Secrtaire de la Ville), Rglement de
lutte contre la prostitution de rue dans le quartier Alhambra, Ville de
Bruxelles – Arrt du Conseil du 4 juin 2012, Organisation Service
juridique et Secrtariat des Assembles, Service juridique Rf. Farde
e-Assembles : 1732199, Conseil du 04/06/2012, June 4th, 2012.
- Toscer O., Les vrais rseaux de Dodo la
Saumure , Le Nouvel Observateur, March 15th,
2012.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- U.S. Department of State, Trafficking
in Persons Report, June 2012.
- European Commission, Fight against Human trafficking
website, Belgium file: http://ec.europa.eu/anti-trafficking/showNIPsection.action?country=Belgium
|
Brazil
|
- Population: 198.4 million
- GPA per capita (in US dollars): 11,340
- Presidential regime with a federal organization
- Human development index (HDI): 0.730 (85th
rank among 187 countries)
- Gender inequality index (GII): 0.447 (84th
rank among 147 countries)
- No official national
statistics on prostitution.
- As a result of the
Brazilian legislation in 2012, prostitution is decriminalized and considered as
a professional activity by the Ministry of Labor and Employment, provided it
is practiced by consenting and independent adults.
- Country of origin,
transit, and destination.
Brazil, the
land of hospitality and tourism, but also equally recognized among the most
dangerous countries in the world, is concerned with the negative influence that
international events, such as World Youth Day, World Cup, or the Olympic Games,
could have for sex tourism. According to a study by Professor Miguel Fontes,
National Consultant Social Service of Industry (SESI)[39],
the crime rate related to sexual exploitation can be largely determined by the
poverty of the population and the importance of leisure tourism.
The head of
special security for large events of the Ministry of Justice published in
January of 2012 his Planejamento
estratgico de segurana para a copa do mundo FIFA Brasil 2014 (Strategic
plan of security for the World Cup FIFA 2014). Among the mentioned objectives,
one finds the prevention of prostitution, the represssion of violence and of
general criminal activity, sex tourism, and in particular child prostituion.
The more specific institutions in charge of this mission will be the
secretariat of human rights, the federal traffick police, and the civil police.
Factual
approach
At the global level, according to the UNs report on child exploitation,
Brazil is the country the most affected by child exploitation in South America
and the second most affected in the world. According to the United Nations Office on Drugs and Crime (UNODC),
Brazilian woman are among the main victims of human trafficking for purposes of
sexual exploitation. Young celibate girls, between 18 and 21 years of age, who
have little education are the main targets of international trafficking
networks rampant in the country.
In Brazil, the number of cases of the sexual exploitation of children
and adolescents is not diminishing. In 2012, one counted more than 1,000 cities
affected by the sexual exploitation of minors, which represents about 20% of
Brazilian cities.
Complaints of violations of human rights to the "Disk 100," specialized
telephone service created in 2003 and managed by the Secretariat of Human
Rights of the Presidency of the Republic, grew 77% in 2012 compared to 2011.
This statistic does not necessarily indicate that violence grew in the country,
but rather that violations of human rights are emerging out of silence. Between
January and March of 2012, the Disk 100 already counted 4,205 complaints of
sexual violence. Salvador, Brasilia, Rio de Janeiro and Sao Paulo are the most
affected cities, for both sexual exploitation and sexual abuse. Most complaints
are then forwarded to the Prosecutor, so that he can exercise his power of
criminal punishment.
Geographically, the regions the most affected are the northeast, the
center-west, and then the north. A mapping of crystalization points of sexual
exploitation faciliates locating, for the period of 2011-2012, 1,776 zones at
risk, of which more than one third have already been diagnosed as being in the
critical stage[40].
The work of the Secretary of Human Rights of the Presidency and the
Republic, in collaboration with the federal police and the Minister of Justice,
is focused on the sensitive zones, such as the federal highways, where human
trafficking for sexual exploitation could happen. For the same period of 2011
through most of 2012, the federal police saved at least 663 children and
adolescants from risky situations.
In 2012, the region Norte (north) of the state Amazonas, the Federal
Public Ministry launched an investigation following complaints about the
network of sexual exploitation of native children and adolescents, in the city
of Sao Gabriel da Cachoeira, located more than 800 km from Manaus.
The typical profile of victims of sexual exploitation characterizes
discrimination of gender, of age, of ethinicity, and of social class. Also, the
victims are mostly young girls of black skin or a native from a poor social
class and of a low educational level.
Analysis
of regions of risky zones for sexual exploitation of children and adolescent
Source: Mapeamento dos Pontos Vulnerveis Explorao Sexual de Crianas e
Adolescentes nas Rodovias Federais Brasileiras 2011-2012 (Disque direitos
humanos 100), Childhood Brasil, Organizao Internacional do Trabalho, Polcia
Rodoviria Federal, Secretaria de Direitos Humanos da Presidncia da Repblica,
2012.
The
different forum of sexual exploitation and prostitution
Sexual
exploitation and prostitution has always had a particular platform in Brazil:
the streets of the countrys major cities. However, the streets are not only
forums for sordid "activities": they have also captured the internet.
On one side,
the prostitution and sexual exploitation in the streets is not diminishing, and
figures still show that the largest number of complaints and cases are in major
capital cities of the most developed states. On the other hand, the Internet is
now used not only as a "forum," but also as a way to structure
networks to traffick people. Also, in 2012, the Parliamentary Commission of
Inquiry on the Sexual Exploitation of Children and Adolescents was able to
count nearly 450 commercial sites related to exploitation, pedophilia and
pornography of children and adolescents[41].
Most of the sites are hosted in other counties, which renders investigations
and prosecutions particularly complicated.
In regards to
the government, who is equally involved in the prevention and prosecution of sexual
exploitation crimes, the Minister of Tourism could, after having surveyed more
than 2,000 tourism internet sites in Brazil that contain sexual references,
obtain the withdrawal of such content. After a study by ASCOM-Embratur, 1,100 sites were modified in 2012.
Another aspect
is the globalization of the network. Indeed, Brazil is at the same time a
country of origin, transit, and destination of sexual trafficking victims. This
is the worlds second largest home to sex tourism, after Thailand. Sex tourists
come mainly from Europe and the United States. On Brazilian territory, victims
are also foreign persons, especially Paraguayans.
Abroad,
Brazilian women, men and transgender are victims of trafficking, mainly in the
countries of Western Europe, but also in more distant countries such as Japan.
The victims, whose profile is once again one of the unmarried girl of lower
social level, are essentially "recruited" by other women. The network
itself is managed mostly by men.
A study in
October 2012 by the Ministry of Justice, conducted with the Secretaria Nacional
da Justia brasileira (SNJ, National Secretariat of the Brazilian Justice),
UNODC and the governments of several other countries, revealed that between
2005 and 2011, at least 337 people were forced to leave Brazil by physical
force or breach of trust and forced into prostitution. The main destination
countries were Switzerland (127 victims), Spain (104 victims) and the
Netherlands (71 victims).
In 2012, among
judicial affairs relating to international networks of sexual exploitation, one
must remember that on December 6 in Bordeaux (France), a couple of procurers
were sentenced to three years in prison for having organized the prostitution
of thirteen young Brazilian girls whose papers had been confiscated. They were
recruited by Brazilian residents in Spain.
Preventative
approach
Awareness campaigns are regularly scheduled throughout the country and
abroad to prevent sex tourism. The "Dont Look Away campaign! was
launched with ECPAT (NGO fighting against child sexual exploitation) in 2012
and will be continued in 2013 in twenty countries. It aims to prevent sex
tourism during the FIFA Confederations Cup in 2013, the FIFA World Cup in 2014,
and the Olympics in 2016.
Legislative
approach
As a result of
the Brazilian legislation in 2012, prostitution is decriminalized and
considered a professional activity by the Ministry of Labor and Employment,
provided it is exercised by willing and independent adults. However, in
criminal law, prostitutes have the status of victim, and encouraging or forcing
others into prostitution is illegal. Also, procurers and all others involved in
brothels (managers of customers and of the prostitutes) are liable to
prosecution.
Bill 5
(Projeto lei PL 4211) presented on July 12th, 2012 by MP Jean Wyllys
aims to regulate the activity of prostitutes. This project aims to legalize
prostitution with a goal of legal, social, and monetary protection of
prostitutes. It is based on a distinction between voluntary prostitution and
being paid, and sexual exploitation, defined as "the total appropriation
or more than 50% of revenues by a third party, the non-payment of sexual
service, forcing someone to engage in prostitution under threat or
violence," which is still suppressed. The bill has sparked political and
societal debates, particularly focused on whether legalization, instead, will
be an obstacle to sexual exploitation in Brazil.
There is another legislative change to note, but experts are not
convinced of its effectiveness. This legislative change is increasing the
penalty for those who submit children or adolescents to sexual exploitation.
The program coordinator of the NGO Childhood Brazil, based on the experience of
more stringent legislation, believes that this measure will not have the effect
of reducing the crimes.
In June of 2012, the Comisso de Constituio e Justia (Commission of
Constitution and Justice) of the Senate approved the bill (Projeto Lei do
Senado 495) amending the Estatuto da Criana e do Adolescente (Statute of the
Child and Adolescent). This project increases the penalty for prostitution or
sexual exploitation of minors, spending a minimum of 4 to 6 years and a maximum
of 10 to 12 years imprisonned. The project also involves a longer prison
sentence incurred by those who facilitated or encouraged the exploitation of
minors on the Internet. The owner or manager of premises used for such crimes
will be prosecuted.
Finally, the Brazilian Penal Code suffers from various shortcomings
highlighted regularly. In 2012, the crime of slave labor was particularly
discussed. While the Brazilian Penal Code criminalizes "slave labor",
it does not specifically mention sexual exploitation as one of its variants.
The Comisso Nacional para a Erradicao do Trabalho Escravo (CONATRAE,
National Commission for the Eradication of Slavery) focused on the question of
a possible recognition of sexual exploitation as "slave labor." This
legislative change should come in 2013.
The evolution of the law should continue, thanks to the creation of a
Parliamentary Commission of Inquiry into the Sexual Exploitation of Children
and Adolescents. The objective of the Commission is to propose policy to curb
the major problem of sexual exploitation in Brazil. It will also work with the
recent Parliamentary Comission of Inquiry on Human Trafficking in Brazil.
Judicial
approach
The Brazilian judicial system, making progress on some points, still
faces many problems that prevent effective prosecution. No reliable statistics
from trials exist to determine the percentage of successful convictions.
On trial for human trafficking, according to a study in 2012 of the
Conselho Nacional de Justia (CNJ, National Council of Justice), between 2005
and 2012, a total of 1,163 trials were initiated for human trafficking, of
which 428 are still underway in 2013. This study by the National Council of
Justice follows the Report on Human Trafficking developed by the National
Secretariat of Justice of the Ministry of Justice in collaboration with UNODC
has revealed the existence of 475 victims of trafficking in Brazil, between
2005 and 2011.
In regards to the sexual abuse of children or adolescents, it seems that
in many of the cases resulting in a conviction, the taking of evidence and
testimony is particularly delicate. In addition, the victim remains precarious
in many places.
Among the major obstacles facing justice, it is first necessary to mention
the difficulty of gathering evidence and sufficient witnesses in contexts of omerta, corruption, the ignorance of
rights, and human distress. But we must also emphasize the importance of
threats made directly to the judges who try to get involved in the
investigation of these crimes. According to the National Council of Justice in
2012, 150 judges in Brazil received to death threats.
Sexual exploitation is condemned by the conventions of the International
Labour Organization (ILO), therefore the judges of the courts of labor law are
competent to judge the compensation of victims of child sexual exploitation.
This mechanism allowed, at the end of 2012, Judge Aldemiro Dantas (Parintins)
to order five people involved in a case of pandering of minors to compensate
victims for an aggregate of 600,000 BRL (about $270,000 USD), even though the
criminal proceedings had failed due to a lack of sufficient evidence[42].
As sexual exploitation has international character, judicial cooperation
should be one of the main objectives of public policy.
Mobilization is too messy and deserves greater cooperation. The action
of public policy must be conducted in an integrated manner between ministries,
state governments and municipalities of the country. It is essential to
overcome the lack of preventive measures and assistance to victims.
Sources
- MTuridentifica na web usoequivocado
de marcas institucionais , Assessoria de Comunicao da Embratur (ASCOM), Ministrio do Turismo, March 27th, 2012.
- Cmara dos
Deputados, Projeto de
lei PL 4.211, de 2012 regulamenta a atividade dos profissionais do sexo,
2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- ECPAT, Coupe
des Confdrations 2013 et Coupe du Monde de football 2014 contre
lexploitation sexuelle des enfants dans le tourisme, Presse Release, International
seminar Evnements sportifs et protection de lenfance , June 10th,
2013.
-
Fontes M., Turismo e Explorao Sexual de
Crianas e Adolescentes: um Estudo dos seus Fatores Determinantes, SESI
Conselho Nacional, 2012.
-
Mapeamento dos Pontos Vulnerveis
Explorao Sexual de Crianas e Adolescentes nas Rodovias Federais
Brasileiras 2011-2012 (Disque
direitos humanos 100), Childhood Brasil, Organizao Internacional do
Trabalho, Polcia Rodoviria Federal, Secretaria de Direitos Humanos da
Presidncia da Repblica, 2012.
-
Planejamento estratgico de
segurana para a copa do mundo FIFA Brasil 2014, Ministrio
da Justia, Secretaria extraordinria de segurana para grandes eventos,
January 2012.
- Senado
Federal, Projeto de Lei do Senado 495, de 2011,
Altera a Lei n 8.069, de 13 de julho de 1990, que dispe sobre o Estatuto da
Criana e do Adolescente e a Lei n 11.771, de 17 de setembro de 2008, que
dispe sobre a Poltica Nacional de Turismo, para ampliar o combate
explorao sexual de crianas e adolescentes, 2011.
|
Bulgaria
|
- Population: 7.4 million
- GDP per capita (in US Dollars): 6 986
- Unicameral parliamentary regime
- Human development index
(HDI): 0.782 (57th rank among 187 countries)
-
Gender inequality index (GII): 0.219 (38th rank among 147 countries)
- Member of the European Union since 2007.
- No official national statistics on prostitution.
- Prostitution located overall in tourist neighbourhoods, seaside
stations and highways.
- No specific legislation on prostitution, sanctioned as an immoral
activity; criminalisation of procuring and of establishments of prostitution.
- The use of trafficking services is criminalised by article 159c of the
Penal Code.
- Country of origin, progressively less of transit and of destination
for human trafficking with the purpose of sexual exploitation.
- The Roma community, select target of human trafficking.
Bulgaria is
one of the main origin countries for trafficking victims with sexual purposes.
Two factors can account for this situation: Bulgarias geographic position and
economic situation. Bulgaria is in the South-East part of Europe, in the Balkan
Peninsula and borders on Turkey, Greece, Romania, as well as Serbia and
Macedonia. That is why it constitutes as a compulsory passage in and out for
all kinds of traffics, particularly in relation with sexual exploitation,
towards Western Europe. The economic situation is very difficult, with a rather
low standard of living: the average salary is one of the lowest in Europe,
about 290 BGN ($203 USD - 148 ). After the fall of the communist regime, the
shift from the communist model to free trade has been harsh, particularly in
terms of employment (Z Magazine, June
2012). Whereas everybody had a job under the communist regime, this situation
of full employment ended under the capitalistic model and unemployment has
increased. Since the 1996/97 crisis, Bulgaria passed under the supervision of
the IMF. The persistent economic crisis and the search for jobs to survive are
some of the many factors which allow the luring of girls through offers of fake
jobs.
Womens work
in Bulgaria is also indicative of their vulnerability to become trade victims.
Two cultural trends have a strong impact on Bulgarian womens condition:
patriarchal domination and the related norms on the one hand and emancipation
from communism on the other hand. Women work, but patriarchal norms still
command their social position and relationships (TAMPEP, 2007). These factors stimulate human trafficking.
An
ill-definite framework for the prostitution system
In 2012, 24
persons practicing prostitution and two procurers were arrested by the
Bulgarian police in Sunny Beach, a sea resort in the Bougas province (Novinite, August 16th 2012).
Prostitution occurs mainly in tourist neighborhoods, sea resorts and highways.
Bulgarian prostitution, be it within the country or outside, is one of the most
developed in Europe. According to Tihomir Bezlov, a researcher at the Research
Centre on Democracy who has specialized in the analysis of crime and
corruption, the profits brought in by the exploitation of Bulgarian women are
estimated to be between 900 million and 1.8 billion ($1.2 billion and $2.46
billion USD) per year or between 3.6% and 7.2% of the Bulgarian Gross Domestic
Product (GDP) (7sur7, December 12th
2007).
The phenomenon
is increasing thanks to the legal treatment of prostitution. In truth, the
prostitute status is relatively unclear as it is neither prohibited nor
regulated by any explicitly focused law. The Bulgarian Penal Code mentions
prostitution only when it constitutes another offence like, for instance, rape
or drug administering (art. 155 of the Bulgarian code). Procuring as well as
prostitution venues are forbidden; but the legislation does not suppress these
actions under their legal name but on the grounds of lewd and vicious
practices. It shows some persistent influence by communism on the laws in
force. In August 2006, article 155 of the Penal Code was amended so that,
today, there is a distinction between drug-related procuring (between 10 and 20
year imprisonment) and procuring without the use of drugs (minimal penalty of 3
years, instead of the 10 provided previously). The use of drugs is then an
aggravating circumstance which causes the procuring-related penalty to increase
from 3 to 20 years. While procuring is the real serious element and should be
suppressed as such, the use of drugs predominates. This amendment allowed one
of the most famous traffickers to be released after a 3 year imprisonment,
which is a disgrace considering the seriousness his actions (AEDH, 2007).
Prostitution
enjoys a kind of limited legality insofar as the prostitutes are not liable
to penal proceedings because of their activities. Nevertheless they may be
sentenced on grounds of offences of lewd and vicious practices even though
the latter are not well defined by Bulgarian laws. So the prostitutes, who
mainly work in the street, are subject to the arbitrary police force whereas
the ones who are in venues are rarely questioned.
The absence of
a clear status for prostitution led some politicians to consider legalizing
prostitution in 2007. The government went back over this declaration as this
solution would only result in reinforcing procurers activities. Legalization
would be an incentive for the trade and fuel demand since it would legitimate
it and enhance its value (Prostitution et
Socit, January 2008). The government does not want the country to become
an official destination for sex tourism; it is said to be fully aware of the
risk and has started to think over some other options, including the Swedish
model (The New York Times, October 5th
2007).
Links
between show-business, corruption and prostitution
The
development of prostitution in this country has given it the reputation of a
hub for sex tourism. Most clients, if not all of them, are foreigners. Thanks
to soaring prostitution in the street as well as in venues, a new trend has
appeared at the end of the year 2011. Some politicians and business-men are
said to enjoy paid sexual services from certain models, chalga [43]singers
or even former Misses. Katrin Vacheva, who is a Bulgarian top model, has
revealed in a talk-show that it is a common practice: a beauty queen, a model
or a singer may earn between 30,000 and 40,000 BGN ($21,000 and 28,000 USD -
15,360 and 20,500 ) each month in exchange for sexual services. These women
are said to have their picture in a magazine for well-off men, business-men,
bankers or politicians so as to help them make their choice. When you become Miss Bulgaria or win some
other pageant, your price goes up, and you become desired by higher-class
gentlemen (Novinite, July 14th
2010). The reverse phenomenon may also happen. Some young women, who wish to
become escort-girls, begin a career as a model in order to meet wealthy clients.
These covers make organized rings activity all the easier as the procurer
takes on the managers figure. All legal proceedings on the ground of sexual
exploitation are in vain as it is difficult to report any piece of evidence.
Moreover the
politic body seems to be highly in the grips of procurer networks, particularly
in terms of benefits. Services are more expensive and benefits may be increased
through blackmailing. In July 2012, an important prostitution ring was
dismantled. After gathering compromising information on politicians as clients,
the procurers are reported to have used them in order to extort important
amounts of money from them (Novinite,
July 8th 2012). Prostitutes have also probably been used to corrupt
civil servants. Corruption is sometimes so general among the political and
justice authorities of the Bulgarian State that the European Commission has
decided to freeze the funds meant for this government.
A
widespread phenomenon: human trafficking
Prostitution
is one of the most profitable activities in Bulgaria according to a study
published in April 2012 by the Research Centre on Democracy (24 Heures, April 2012). The prostitution
of Bulgarian women working outside the country brings more money than the one
inside the country. It amounts to 1.46 billion ($1.99 billion USD) per year.
Human trafficking with the purpose of sexual exploitation, which has been
initiated by Bulgarian networks, is unfortunately increasing in considerable
proportions compared to the amount of money handled by the sex industry.
However, these rings operate more and more often in countries where laws are
more permissive, usually in those where prostitution is regulated such as
Germany or the Netherlands; they do not have to worry about possible legal
proceedings for their activities. They also operate from Bulgaria: they send
women to Europe where the latter are controlled by former prostitutes and
consequently escape from the police in the destination country.
The
recruiting methods are the same by all prostitution rings. In general, they
include promises of fake jobs abroad, seduction tricks on the part of the
so-called Loverboys, fixed in advance marriages and, to a lesser extent,
abductions. The Bulgarian Code was amended in 2002 so that it integrates the
offence of human trade, in compliance with the 2000 Palermo Convention. Yet the
effective implementation of the law is still limited as the number of
proceedings against persons accused of trafficking has decreased and
investigations concerning collusion cases among policemen are relatively
negligible. In this regard, according to the 2013 U.S. Department of State Report
on Human Trafficking, in 2012 police authorities started 121 inquiries founded
on the offence of trade whereas only 91 people were prosecuted for this charge
by justice authorities. Bulgaria proved willful in terms of fight against
trafficking. Following the recommendations by the Group of Experts on the Fight against Human Trafficking (GRETA), in 2009, the country
criminalized the use of services provided by the trade in the 159c article of
the Penal Code. Nevertheless we cannot help but note that such an amendment has
no impact on the fight against human trade since, to be applicable, it requires
that the prostitute should be identified as a trade victim, which is far from
being the case.
In 2012, a
worrying increase of human trafficking was recorded, originating particularly
from the Balkan States; it included notably the sexual exploitation of minors
according to the special representative of the Organization for Security and Cooperation in Europe (OSCE),
Maria-Grazia Giammarinaro (Le Monde, November
9th 2012). More and more minors are exploited by rings due to their vulnerable
situation; hence multiple prevention measures are engaged by the government to
make people aware of the phenomenon. Since 2008, the National Commission for the Fight against Human Trafficking (CNLT) has launched awareness campaigns
intended to take place on European Day of the Fight against the Trade. Besides,
in collaboration with the national Agency for the Childs Protection, the
Education Ministry and several NGO, this commission has developed informational
media on the theme Human Trafficking: it is time to act (GRETA, 2011), which have been publicized throughout the country and
focused towards students and teachers in over 3000 schools. The great number of
minors who are lured by the hope of a better life in a foreign country
accounts for these measures of prevention: they are mainly intended to make
school children and students aware of the trade risks.
The
Roma population: a target population for human trade
The Roma
community, particularly women and children, is subject to the trade with
purposes of sexual exploitation and represents a significant number of
identified trade victims. The exploitation of this minoritys vulnerability can
be explained by social exclusion, not to say a complete marginalization from
the Bulgarian society, which leads a certain number of the communitys members
to enter prostitution. In general, their family is at the origin of this
decision, because it needs to be supported financially. Through its own illegal
immigration channels, which are often connected with criminal organizations,
specialized in trafficking for sexual purposes, the community sends girls to Western
Europe to make them as prostitutes; some of them are well aware of what is to
happen. In 2012, according to a European journalist, the Stoliponovo district in Plovdiv probably
concentrates the largest number of members belonging to the Roma community in
the Balkans. Prostitution is sometimes the only means of survival for certain
members of this community in the poorest country of the UE where 84% of its members
are under the poverty line. They have very few opportunities to find a way out;
education and professional chances are quite limited because of their
marginalization. 150,000 children are forsaken each year in Bulgaria as their
parents cannot provide for their elementary needs any more. They are placed in
orphanages and, as a target for traffickers, they often end in prostitution.
Women who have been recruited by these networks have to pay a debt; it is never
entirely paid back because procurers grasp at any and all opportunities to make
the prostitutes pay for extra costs. An organization including police women and
former prostitutes provides aid to women practicing prostitution and urges them
to give up this activity. It also helps victims who decide to bear witness
against their procurers in trade-related trials (TAMPEP, 2007). It should be noted that this organization is more
concerned about personal plans than about official programs. Action and
financial means are limited. In 2012, Norway initiated a unique cooperation
with Bulgaria and the European Council, which was intended to help the Roma
community. The relevant measures deal with justice, particularly the fight
against human trafficking and organized crime.
Indeed
Bulgaria is one of the prominent countries for human trafficking, but it
strives to invest itself as much as possible in the fight against that plague.
Nevertheless prevention measures are aimed at the general population rather
than at specific and the most vulnerable groups. For instance, prevention
actions in the face of trade risks are usually achieved in large cities and
rarely in neighborhoods inhabited by the members of the Roma community (GRETA, 2011). Except for the Varna town
council, which conducts a prevention program there, the other cities cannot
afford recruiting Roma members in order to train them in the prevention and
awareness fields.
Enhanced
international cooperation against human trafficking
In these last
few years, Bulgaria has made the fight against human trafficking one of its
national priorities due to the number of Bulgarian trade victims; it also
wished to comply with its international commitments. According to the 2013 U.S.
Department of State Report on Human Trafficking, the government financed
several seminars in 2012; over 180 state policemen, judges and prosecutors
attended them with the aim of making the fight against trafficking and the
relevant international cooperation more efficient.
Bulgaria is
currently at the head of the operational cooperation within the EU through the
interaction of national institutions, international mechanisms and the
implementation of the main priorities recommended by the European Directive on
the Fight against the Trade. In 2012, the Interior Minister, Tsvetan Tsvetanov,
organized a conference on womens trade and prostitution where politicians and
experts met NGO representatives in order to speak about politics, policies and
other practices meant to fight against the prostitution phenomenon.
Besides,
coordination and cooperation measures among police services prove to be of
paramount importance, particularly because of the international characteristic
of the procurer networks. In effect, their activities seldom remain limited to
an only country. Young Bulgarian women are usually sent to Western Europe to
practice prostitution; they may also be managed by a procurer network of a
different origin from theirs, which makes the investigators task all the more
difficult.
The
coordination between inquiries and information has the advantage of
centralizing the obtained data and of accelerating, in a way, the treatment of
the case by the police. For example, some coordination occurred in Bonn
(Germany) between the German police and the Bulgarian authorities concerning
the dismantling in that city of human trafficking with sexual purposes during
the year 2012. All the questioned prostitutes were coming from Dobrich in
Bulgaria; thanks to policemen from the regional police direction and the
Dobrich Court (parquet), victims spoke so as to bring down the network that
exploited them (BNR Radio Bulgarie, February
8th 2012).
The Bulgarian
government is aware of this serious situation and initiates efforts to fight
the trade at its origin by developing suppressive measures in compliance with its
international commitments; it also fights the trade through mechanisms of
protection for trafficking victims. In 2012, the Bulgarian State allocated
$59,300 USD (46,000 ) to the building of two shelters for victims of trade
with sexual purposes, but some more efforts are needed. In order to increase
the efficiency of the fight against trafficking, Bulgaria should take firmer
legal proceedings against civil servants who were party to trade cases; it
should also make clearer charges concerning prostitution in the Penal Code. In
addition to the penal mechanisms for witnesses protection and the creation of
host shelters, the government should focus more on the victims identification,
particularly those from the Roma community, and on the awareness of the dangers
from the trade.
Sources
- Alleged prostitution
ring busted in Bulgarias Sunny Beach , Novinite,
August 16th, 2012.
- Bulgarian
Interior Min: Prostitution ring was used to blackmail politicians, Novinite, July 8th, 2012.
- Bulgaria-practicing
the oldest profession in Germany , Deutsche
Welle, May 25th, 2012.
-
Bulgarie : machine arrire sur la lgalisation , Prostitution et Socit, January 2008.
-
Hausse inquitante de la traite dՐtres humains en Europe , Le Monde, November 9th, 2012.
-
La prostitution bulgare est lune des plus dveloppes dEurope , 7 sur 7, December 12th, 2007.
-
La prostitution, un secteur trs lucrative en Bulgarie , 24
Heures, April 3rd, 2012.
- Top Bulgarian
models, singers said to make money as prostitutes , Novinite, July 14th, 2010.
- Agir
Ensemble pour les Droits de lHomme (AEDH), La
traite des femmes des fins dexploitation sexuelle. Le cas de la Bulgarie,
Action et Concertation contre le Trafic et lEsclavage sexuel (ACTES), June
2007.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- European Network for HIV/STI Prevention and
Health Promotion among Migrant Sex Workers, Bulgaria
National Report on HIV and Sex work, February 2007.
- GRETA (Group of Experts
on Action against Trafficking in Human Beings), Council of Europe, Report
concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by Bulgaria, First evaluation round,
GRETA(2011)19, Strasbourg, December 14th, 2011.
- Kulish N.,
Bulgaria moves away from legalizing prostitution , The New York Times, October 5th, 2007.
- Philipps S.,
Bulgaria Traffic in Women , Z
Magazine, June 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
-Vladokova
V., Succs de la police bulgare et allemande contre la traite des
blanches , BNR Radio Bulgarie,
February 8th, 2012.
- Trussel Trust (The)
– Bulgaria projects : http://www.trusselltrust.org/bulgaria-projects
|
Burma
|
- Population: 48.7 million
- GDP per
capita (in US dollars): NA
- Civil government since
March 30th, 2011, mainly composed of the old military regime which
governed the country since 1962.
- Human development index
(HDI): 0.498 (149th rank among 187 countries)
- Gender inequality index
(GII): 0.437 (79th rank among 147 countries)
- Member of the Association of Southeast Asian Nations
since 1997.
- No official national
statistics on prostitution.
- There are more than
10,000 prostitutes in the city of Rangoon.
-
Prohibitionist regime (Suppression of Prostitution Act 1949).
-
The law amending the Suppression of Prostitution Act 1949 of 1998 enlarged the
definition of a brothel to include all places where prostitution takes place.
-
Homosexuality is forbidden under section 377 of the Penal Code.
- Country of
origin for trade victims heading towards China, Thailand, and Malaysia.
According to the 2012 U.S. Department of State Report on Human
Trafficking, Burma is a country of origin for victims for human trafficking for
commercial sexual exploitation. According to the estimations of the Burmese
government, throughout the last five years, 80% of trafficking victims were
forcibly married in China (mostly in the Yunnan province), whereas the other
20% were forced into prostitution in Thailand, and a small portion in Malaysia
(The Myanmar Times January 7th,
2013).
The
most vulnerable Southeast Asian population
The humanitarian situation in Burma is extremely worrying. Fighting between
the Burmese army and armed ethnic groups still rages on in some borders. The
ethnic groups are demanding more autonomy in a Union of Burma, who suffers from
a serious imbalance since the Burmese State prevails over all other states. In
the context of internal armed conflict, human rights violations such as forced
labor, recruitment of child soldiers, sexual violence, the use of anti-personnel
mines, and land dispossession, are commonly committed by the regular army and
the ethnic armed groups against ethnic minorities in particular. In addition,
decades of internal conflict resulted in thousands of deaths, large flows of
refugees to neighboring countries and internally displaced persons, 450,000
according to the latest estimates from United Nations Office for the
Coordination of Humanitarian Affairs (OCHA), who live in camps where conditions
are often more than worrisome, because, among other things, the low presence of
foreign humanitarian actors on the ground. Indeed, foreign humanitarians are
routinely denied access to victims by the authorities for alleged security
reasons (U.S. Department of State, Bureau
of Democracy, 2013).
Adding to this very worrying humanitarian situation, extreme poverty due
to decades of questionable economic policy persists. Under the military
dictatorship, the budget allocated to defense was oversized in relation to
gross domestic product (GDP) of the country: more than 50%! In contrast, only
0.8% of GDP was spent on health and 1.8% on education (Righting Wrongs, May 2012). The illegal economy (smuggling,
counterfeiting, opium and methamphetamines...) is used in particular to fund
the militarization of the conflict parties, which is equivalent or superior to
the licit economy. Drug addiction is therefore widespread in regions, for
example, such as the Shan State in the northeastern Burma, which is also one of
the Burmese States the most affected by trafficking. NGO reports reveal how
drug production can have devastating effects on the population, with
intoxicated men unable to provide for their homes and selling all their
possessions, or their own children, for the sole purpose of obtaining drugs (Burmese Women Union, 2012). This is when
women must earn enough money to support their families. But with a level of
education lower, since men's education is a priority over that of women in
Burma, they are easily deceived by the attractive jobs that traffickers offer.
Moreover, the already extreme economic precariousness of populations has
increased following the passage of Cyclone Nargis in 2008. A number of people
gathered in abject poverty (loss of employment, housing, identification, etc.)
fuels internal trafficking flows to the big cities of the country and external
trafficking to neighboring countries (Righting
Wrongs, May 2012).
All these elements combined with discriminatory government measures
against ethnic minorities are causing mass migration to neighboring countries
and are factors of vulnerability to trafficking of these people looking for a
minimum of economic prosperity and peace.
An
environmental region conducive to trafficking
Aside from the multiple factors of vulnerability that were previously
explained, there are also a number of elements that facilitate trafficking of
Burmese: the permeability of borders with China and Thailand (two countries
undergoing rapid economic growth, unlike Burma, which remains one of the least
developed countries in the region), the membership of Burma Great Mekong
Sub-region where commercial sexual exploitation has an important dimension (UNODC, 2013), and the cultural
proximity, physiognomic and linguistic minorities with the Burmese people from
neighboring countries who facilitate trade and meet the expectations of clients
and potential husbands (Righting Wrongs,
May 2012).
Trafficking takes an even greater demand in Burma, than in other
destination countries. In China, the demand comes from the imbalance of male to
female ratio resulting from the one-child policy and "femicide"
abortions (PWO, 2011). In addition,
Burmese women are particularly prized by Chinese farmers, because the amounts
to be paid to the intermediary are much lower than they would pay for the dowry
of a Chinese wife. Testimonies of victims indicate that potential buyers shop
in private homes or sometimes in markets to make their choice. Medical
examinations are also conducted to ensure that victims are able to give birth.
In Thailand, where the sex industry is highly developed, women and girls from
Burma meet the demand for cheap and easily exploitable prostitutes (KWAT, 2008). Their situation is even
more precarious than that of Thai prostitutes, because they not only perform an
illegal activity, but in addition, they are often in a foreign situation.
Therefore, they live in constant fear of being arrested by the police and enjoy
no protection.
Efforts
of the Burmese government: exaggerated or a reality?
In 2011, due to internal political changes that have occurred in Burma,
the country has moved to tier 2 in the 2013 U.S. Department of State Report on
Human Trafficking. The main argument for the positive developments in the
classification focus on the efforts made by the new Burmese government to fight
against the use of forced labor and against the recruitment of child soldiers
by the Burmese army. However, with regard to human trafficking for the purpose
of commercial sexual exploitation, progress, if it even exists, is slim. The
report emphasizes the creation of an anti-trafficking website, a dedicated
victim assistance funds, and a national hotline (U.S. Department of State, 2012). The U.S. government is not
insensitive to these efforts, and in November 2012, a joint plan as a framework
for joint action by the two countries in the fight against trafficking has been
established. This plan includes, among other things, the opening of a regular
dialogue specifically on trafficking with the holding of workshops throughout
the year, and technical assistance and training provided by the U.S. government
formations. In addition, on December 12th, 2012, the Thein Sein
government launched a new action plan to combat trafficking from 2012 to 2016.
On this occasion, and for the first time in Burma, they held the International Day
against Child Trafficking (Mizzima, December
15th, 2012). On December 16th, 2012, a concert was held
in Rangoon by MTV Exit (End Exploitation and Trafficking) in cooperation with
the Burmese government, the United States Agency for International Development
(USAID), the Association of Southeast Asian Nations (ASEAN), and other NGOs, in
order to raise awareness of trafficking (The
Guardian, December 24th, 2012 ). Parallel to the reinforced U.S.
cooperation, the Burmese government has pledged to cooperate with international
organizations such as the International Labor Organization (ILO) or the ASEAN
and national NGOs working on subject. Also note that in March 2004, Burma
ratified the Convention against Transnational Organized Crime and its Protocol
commonly known as the "Palermo Protocol" and in September 2005, it
adopted a comprehensive national law specifically aimed at combating
trafficking in human beings. In view of texts, Burma could appear as a "model
pupil" in the fight against trafficking and to suggest that the situation
will improve significantly. But in reality, it is clear that government efforts
remain without impact, at least if we are to believe the reports of grassroots
organizations and some miscellaneous facts related by the Burmese press in
2012. Indeed, the Burmese NGOs emphasize the lack of protection and assistance
to victims of trafficking, both internal and external to the government (KWAT, 2008) - with the exception of a reintegration
program of two weeks (Righting Wrongs,
May 2012) - contrary to the provisions of the 2005 law. Victims are often
arrested for prostitution and sent to rehabilitation centers[44].
They, themselves, are sometimes accused of trafficking. Regarding lawsuits,
progress has been slow. Even though the Anti-Trafficking Act 2005 provides for
penalties of imprisonment ranging from ten years to life (Righting Wrongs, May 2012), in reality, traffickers often escape
prosecution by paying bribes, kickbacks from police officers and/or justice.
Some may be effectively prosecuted, but on other charges. In addition, state
officials have not suffered any arrests, prosecution, or imprisonment for their
complicity with the traffickers. During 2012, women from the Rohingya community
were abducted in Sittwe, capital of Rakhine State, by Burmese officials. They
were used as sex slaves in military bases (U.S.
Department of State, 2013). Corruption is widespread at all levels of
society and affects the fight against trafficking. In 2012, in Myeik District,
near the Thai border, a group of students filed a complaint against the village
chief for trying to exploit twenty people from his own village. Two months
later, authorities still had yet not responded, demonstrating the climate of
impunity in Burma (Mizzima, October 26th,
2012). In early 2012, a young woman of 17 years complained to the ILO after
being forced into prostitution by family members. Asked about the reason for
her choice to the call the ILO rather than the Burmese police, she expressed
her lack of confidence in the Burmese justice and questioned the ability and
willingness of the government to provide assistance victims (Democratic Voice of Burma, February 28th,
2012). Finally, the main shortcomings of the actions undertaken by the
government are not addressing the vulnerabilities of people trafficked
mentioned above, continuing to pursue policies that discriminate against ethnic
minorities, and feeding flows voluntary to emigration. More generally, one sees
how unlikely it is that the number of victims of trafficking could decrease
significantly, as the fighting will take place in border areas and a solution
to the minority issue that plagues the country will not be found.
In the absence of tangible proof of the sincerity and willingness of the
regime to fight against trafficking effectively, one can assume that it strives
primarily to improve its image on the international scene.
Worrying
growth of prostitution in major Burmese cities
Although prostitution is illegal in Burma, one estimates more than 10,000
prostitutes in the city of Rangoon (Democratic
Voice of Burma, December 24th, 2012). The sex industry seems to
be expanding since the cyclone Nargis in 2008. Like other countries in the
region, the places where prostitution takes place are diverse: massage parlors,
karaoke bars, dance clubs (Mizzima July
3rd, 2012). Prostitutes are required to pay bribes to police to turn
a blind eye to their illegal activity. If they refuse to pay or they do not
have the means, they may be arrested, imprisoned and sometimes detained in
rehabilitation centers. The client, meanwhile, is not penalized. Violent
behavior towards prostitutes is common, and many clients refuse to use condoms.
It is estimated that in Burma, one prostitute in three is infected with the
AIDS virus (Democratic Voice of Burma,
December 24th, 2012). With approximately 216,000 people infected,
the rate of HIV infection and AIDS in Burma is one of the highest in Asia (UNAIDS, 2012). Thein Sein's government
is attempting to curb prostitution by prohibitions and restrictions on massage
parlors, hotels, and housing brothels in Rangoon and Naypyidaw, the new capital
(Mizzima, July 3rd, 2012).
However, the impact of these measures on the prostitution phenomenon remains to
be established.
Finally, in recent years, there has been a development of the tourism
sector. According to government estimates, tourism revenues have been doubled
since 2008. It is thus feared that sex tourism is developing in parallel,
similar to what happened in Thailand or Cambodia. Moreover, in 2012, a small
number of foreign pedophiles reportedly went to Burma to sexually exploit
minors (The New York Times, April 10th,
2012).
Violations of human rights in Burma are systematic, and the state is
guilty by negligence to condemn officials involved. In such a context, it seems
natural to have doubts about the sincerity of the governments fight against
commercial sexual exploitation. Resolving the ethnic issue and the
establishment of peace will be a prerequisite to the establishment of the rule
of law in Burma. Nevertheless, the democratic transition is still in its
infancy, because it is a process that takes time. With the support of the
international community, we can reasonably expect future improvements in respect
of human rights in general and the fight against commercial sexual exploitation
in particular.
Sources
- Decent incomes
can stem prostitution: govt editorial , Mizzima, July 3rd, 2012.
- Burmese Women Union, Forgotten Workforce. Experiences of women
migrants from Burma in Ruili, China, 2012.
- Chan K., Human
trafficking complaint filed against village head , Mizzima, October 26th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Hindstrom H., Sex
workers clamour for rights in a changing Burma , Democratic Voice of Burma, December 24th, 2012.
- Hodal K., Duped
women fight back as Burma gets to grips with human trafficking , The Guardian, December 24th,
2012.
- Kachin Womens
Association Thailand (KWAT), Eastward
Bound - An update on migration and trafficking of Kachin women on the
China-Burma border, August, 2008.
- Klein C., College D.,
Slaves of Sex : Human Trafficking in Myanmar and the Greater Mekong
Region , Righting Wrongs, a
Journal of Human Rights, Volume 2, Issue 2, May, 2012.
- McDonald M.,
Burmese are wary of tourisms dark side , The New York Times, April 10th, 2012.
- Noreen N.,
Teenager tortured, forced into sex trade , Democratic Voice of Burma, February 28th, 2012.
- Office of the
Spokesperson, Washington, DC, United
States-Myanmar Joint Plan on Trafficking in Persons, November 18th,
2012.
- ONUSida, Global Aids Response Progress Report Myanmar
- Reporting period: janaury2010-December 2011, National AIDS Programme,
March 31st, 2012.
- Palaung Womens
Organisation (PWO), Stolen Lives. Human trafficking from Palung Areas to China,
June 2011.
- Thazin M., About 20 children trafficked per month across
Thai-Burmese border , Mizzima, December 15th, 2012.
- Theobald K., Ooi H.H.,
The Wa State, Burma , The National
Strategy Forum Review, Volume 20, Issue 3, Summer 2011.
- U.S. Department of
State, Bureau of Democracy, Human Rights and Labor, 2012 Country Report on Human Rights Practices, April, 2013.
- U.S. Department of
State, Bureau of Democracy, Human Rights and Labor, 2006 Country Report on Human Rights Practices, March, 2007.
- U.S. Department of
State, Trafficking in Persons Report,
June, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June, 2013.
- United Nations
Inter-Agency Project on Human Trafficking (UNIAP), Office of United Nations
Resident Coordinator in Myanmar, SIREN
human trafficking data sheet: Myanmar, March, 2009.
- United Nations Office on
Drugs and Crime (UNODC), Transnational
Organized Crime in East Asia and the Pacific – A threat assessment,
April, 2013.
- Woman and Child Rights
Project (WCRP), Human Rights Foundation of Monland, Nowhere else to go. An examination of sexual trafficking and related
human rights abuses in Southern Burma, August, 2009.
- BurmaCampaign UK : http://www.burmacampaign.org.uk/index.php/burma/
- Collection des
traits des Nations Unies : http://treaties.un.org/home.aspx
- OCHA : http://www.unocha.org/roap/about-us/about-ocha-roap/myanmar
- Transparency
International : http://www.transparency.org/
|
Cambodia
|
- Population: 14.5 million
- GDP per
capita (in US dollars): 946
- Constitutional monarchy
- Human development index
(HDI): 0.543 (138th rank among 187 countries)
- Gender inequality index
(GII): 0.473 (95th rank among 147 countries)
- Member of the Association of Southeast Asian Nations
since 1999.
-
About 100,000 prostitutes.
-
65,000 children prostitutes of which, 20,000 are in Phnom Penh.
-
Prostitution has been illegal since The
Law on Suppression of Human Trafficking and Sexual Exploitation in 2008. Procuring is illegal, owning or
running brothels is prohibited.
-
Numerous prostitution centers in the big urban and touristic centers: Phnom Penh,
Siem Reap, Sihanoukville, Koh Kong.
-
Major destination for sex tourism together with Thaland and the Philippines.
-
Point of origin, destination and transit for trade victims in South East Asia.
- Cambodian and Vietnamese
victims.
Following the civil war and the Khmer
Rouge genocide, which massacred a quarter of the countrys population,
Cambodian society was heavily scarred. Nowadays, with more than half of its
population under 18, Cambodia has transformed into a young and developing
country open to tourism. Yet, with a largely rural population, most people do
not benefit from this increase in economic activity, and live in extreme
poverty. Henceforth, the sex industry has become a plague to the Cambodian
Kingdom, with NGO estimates placing the number of prostitutes near 100,000,
mostly in Phnom Penh. Scarcely involved in the situation, lenient or inactive
authorities make the situation worse.
The
weight of history
In less than 30 years,
Cambodia has become one of the main centers for sex in Asia, competing with
Thailand, the largest hotspot today, and with the Philippines. A growing social
and economic trend, it all started by the early 1990s. After years of civil
war, a UN Peace mission was left behind in order to supervise elections after
the fall of the Khmer Regime. From then on, the country opened its borders to
the world and greeted an important number of NGO members, international civil servants,
expatriates, tourists, and wealthy potential customers, all of whom were profitable
sources for the country. When UN troops first came into the country, estimates
of the number of prostitutes stood around 1,000. According to todays figures,
the sex trade generates well over $500 million USD annually.
Sexual trafficking within Cambodia intensified at
increasingly cheaper rates, following new and repressive politics in Thailand
that hardened sentences for criminals involved in sexual exploitation. Free
lance prostitutes working in bars and clubs reserved to Western travelers,
brothel-bars, karaoke bars, and massage parlors are well appreciated in Asia:
the sex industry takes all forms as it expands throughout Cambodia.
Whether
a choice or a necessity, prostitution is the result of duress
The problem of prostitution
in Cambodia is twofold. On one side of the problem, Cambodia faces an
increasing demand for sexual services. On the other, a large section of the
population considers the activity to be a source of income. Given that the
countrys Human Poverty Index (HPI) stands near 30%, with half of the population
living on less than $1 USD per day, Cambodia is one of the poorest countries in
the world.
Until recently, most jobs and income opportunities originated
from the textile industry. The countrys low-cost labor – costing roughly
$0.35 USD per hour, one of the world's cheapest rates – induced firms
such as Wal-Mart, Nike, and Target, to invest in Cambodia. These firms came
into the country as part of a clothing industry that provides almost 90% of
export revenue.
Yet, with $61 USD (47 ) in monthly salaries, scare opportunities for career
advancement, difficult working conditions, and high hierarchical pressure, the
textile industry has become unattractive to younger people, forcing numerous
young women into prostitution. A 2009 UN interagency evaluation of human
trafficking showed that 20% of women who work in the textile industry, and who
had been dismissed due to the economic crisis, moved into the sexual service
industry. In relation to factory work, providing sexual services allowed young
women to work in better conditions and earn a higher income. Per month, these
women can earn between $60 and $70 USD (46 to 55 ), not including tips or
commissions, which can triple the basic amount.
A
relatively tempting situation when compared to factory work, this cost-benefit
analysis forced the hand of 20% of women working in textiles to choose this
activity. A single sexual act can go for $5 USD (3,8 ) while a whole night
could cost between $40 and $100 USD (31 to 77 ), whether with a freelance
prostitute working in a cheap place or a karaoke bar hostess. Hostesses can
rent themselves for a night or even for a holidays duration, caricaturing
female sex objects. And, as in all similar markets, there is a rate for local
costumers and a special rate for tourists.
Even
though it may appear to be a willing and consensual choice, prostitution is
practiced under conditions of duress: 55% sell their bodies due to difficult
family circumstances and 3.5% lured into it, trapped or sold. Within the countrys economic and social environment, turning to
prostitution as a means of survival occurs frequently. Within economically
disadvantaged neighborhoods, families are often pushed into selling their own
children for very low price. "In
Cambodia, a child is worth less than a dog", declares Patrick Roux,
the founder of the NGO AVEC (Aide volontaire aux enfants du Cambodge -
Voluntary Aid to the Children of Cambodia). The sale of young, virgin girls
remains a widespread issue, although the
2008 law made buying one more difficult, according to Somaly Mam. Beyond
the possibility of increased physical or psychological pleasure, the client
might believe superstitions and myths which link sex with a virgin to luck,
whitened skin, lengthened life duration or a cure for AIDS. Due to the
prevalence of such absurd beliefs, buying the virginity of a young girl can
cost the client up to $4,000 USD (3,110 ).
The market for child pornography remains
relatively large, which accounts for the high number of kidnapped children. In
June 2011, the UN Committee for Children's Rights presented an appalling report
according to which thousands of children were sexually exploited or submitted
to sexual violence and pornography in prostitution networks all over Cambodia.
Who
are the victims of prostitution?
Cambodia is a country of origin, transit
and destination of women and children for human trafficking and sexual
exploitation. According to a report put together by a number of NGOs in
Cambodia, Vietnamese and Khmers children and young adults are the main victims
of trafficking and sexual exploitation. Interviewed by Sisyphe, S. Mam
declared that according to Save the Children Fund over a third of sex
workers in Cambodia are under 18 years old. The 2012 figures show that sexual
trafficking victims are mostly girls, occasionally boys, between the ages of 3
and 17. Sexually exploited victims are slightly older but are, by and large,
young adults between 18 and 25. A simple statement shows that child victims are
slightly older when recruited, since "it's a high risk to sell minors in
trading centers in Phnom Penh. The laws are strongly enforced, brothels are
closed down and offenders arrested more often, declared the director of International Justice
Mission Cambodia, a Human Rights Defender NGO. Once they
reaching the age of 25, young women are considered too old to attract clients
and are thrown back to streets.
Three distinct profiles appear when we begin
to analyze the prostitute population: those without education or steady income,
who come from disadvantaged rural areas, those who live with their parents,
surrounded by close family, who sell their bodies to help those around them,
and finally those sexually exploited by their employers. In the last two cases,
between 75% and 85% of the children in question have attended some form of
standardized education or are still in the educational system. Although unable to fully protect children against sexual exploitation,
schools can serve as an important starting point for government and NGOs
prevention programs aiming to reduce the number of children turning to
prostitution.
Different
2012 reports point out that, lacking a means to support themselves or their
families, the idea of consent on the part of children is nothing more than a
false choice between destitution and prostitution.
How
does prostitution work in Cambodia?
By
and large, Cambodia remains a rural country with only a few middle-sized or
large towns. Taking into account geographical location, sexual exploitation is
situated in places where wealthy nationals, western expatriates and tourists
spend their time. The cities most affected are Phom Penh, the capital of the
country, Siem Reap, a historical site, Sihanoukville, and Koh Kong on the
southeast coast.
One
out of every two men who travel alone through Cambodia is estimated to have sex
with a young prostitute. The question which comes next is clear. Who are these
men? In reality, these men are hard to define by category. They could be
anyone, and it has nothing to do with the clich of an aging western man coming
for young Asian girls. On the contrary, clients are getting younger: according
to the NGO Equality Now, those
between the ages of 18 and 24 are more likely to visit the country for its sex
services than those between the ages of 25 and 29.
With
regard to the clich of all sex tourists originating from western countries,
the evidence is again against sweeping generalizations. There is, without a
doubt, a significant number of Americans and Europeans who travel to Cambodia
for sex or who would participate in sex tourism if given the chance.
Nevertheless, western clients are far from being the only ones who carry these
fetishes into the Cambodian border. Estimates point out that 90% of the clients
are Asian and, first and foremost, from local regions. Hence, while traffickers
of sex slaves were estimated in 2012 to be mainly foreigners – mostly American,
Thai or Vietnamese – most of the time sex exploiters are Khmer men, women
who own entertainment centers, procurers (brothel managers), and mama-san
(brothel matron).
Impassive
or powerless authorities
Since The 2008 Law on Suppression
of Human Trafficking and Sexual Exploitation prostitution is strictly forbidden. From that point forward, authorities closed down a good number of
brothels, even though its still possible to go back and ask for girls. Svay
Pak Brothel, outside Phnom Penh, remains an area for sexual trading involving
children, despite frequent interventions by police. Given the inefficacy of the authorities the U.S. Department of State
places Cambodia in the second tier. What this means is that the Cambodian
government, in spite of carrying out important efforts, is failing to comply
with the minimal standards established by the Trafficking Victims Protection
Act (2000).
Overall, both the Cambodian police and
judiciary systems suffer from a lack of resources. The country fights against
prostitution without trained agents, with poor investigative methods, and with
ineffective processes for charging and sentencing offenders. The country is
plagued by corruption, and is unable to reduce violence in brothels or affect a
significant drop in the number of identified victims from preceding years.
For instance, the police lack
investigative experts to collect evidence. Their work is therefore entirely
based on victims accounts rather than other concrete, scientific evidence.
However, given that victims are largely unprotected and vulnerable, many
offenders take advantage of the system to negotiate financial agreements in
order to convince victims to modifying their initial accounts. Adding to these
difficulties, the present rule of judges which refuses the possibility of under
cover operations appears as a severe handicap to police and NGOs, according to
whom mechanisms of trafficking children for sexual exploitation, are becoming
more difficult to detect. With a larger
use of middlemen in brothels, it happens less frequently in brothel using a
greater number of go-betweens, leading into clandestine sexual exploitation of children.
Acting under cover is often left aside although it is an essential means to
collect sufficient proofs and dismantle whole prostitution networks rather than
just the field actors.
In fact, whichever the hierarchic level,
corruption is a curse and a burden to the Cambodian system. Collusion with the
authorities contributes to a general feeling of impunity for the offender and
justice denial for the victims. Cambodia is regularly ranked down among the
most corrupted countries in the world, a fact which greatly damages any action
against sexual exploitation the authorities might take (Transparency International, 2012). Thus, in December 2011 the
previous Director of the Department of Human trafficking and Youth Protection
of the Phnom Penh borough police forces, was charged with complicity and
condemned in absentia, to 7 years imprisonment. He used to receive bribes from
brothel in exchange for protection and information about police raids. To this
day he still has not been arrested. Due to corruption of both Cambodian and
Thai authorities, crossing the frontier both ways transporting victims is made
easy.
Figures speak for
themselves: in 2012, 40 people where condemned for sexual exploitation, yet
less than the preceding year when 60 people were found guilty and still less than
twenty in the year 2010. As for pedophilia, in 2012, 3 foreigners accused of sex
tourism and abusing children, were condemned while two such cases are still
pending. Yet other cases made quite a fuss and it s only under the joint
pressure of NGOs and international instances that a foreigner, charged with pedophilia
and who had been pardoned and released from jail, was expelled to South Korea.
In December 2012 the charges against an Australian recognized guilty of
pedophilia were reduced to nil. He was simply released, without the court
considering the fact that his solicitor had bribed the victims family into
modifying their testimony. Besides, in February 2013, following the funerals of
the last King of Cambodia, Norodom Sihanouk- who died in October 2012 –
an important number of people convicted for pedophilia were pardoned. Yet a lot
more should be done in suing and sentencing sexual criminals, which at present
is scarce and inadequate.
However some positive
actions might be singled out. Campaigns on sexual exploitation aimed at
tourists demands, have been launched to prevent trafficking, and more is
gradually done towards prevention. Thus, the Ministry of Tourism joined NGOs to
set up posters, inserts in reviews and magazines or booklets on the subject.
Yet these actions are mainly aimed at foreigners, although natives are the
first concern. In regards to preventing childrens sexual exploitation,
Cambodian authorities have set up training programs concerning violence against
women, aimed at police officers and at the same time has decided to increase
the number of female police officers. During investigation proceedings children
seem to trust women more often than men. Yet female police officers are far
less numerous and under-trained than men. Henceforth Project Childhood (Protection Pillar)[45] organized actions informing professionals such as
police and judiciary officers and judges, that justice in a judiciary penal
system must be applied to victims with regards to human rights and sex
equality. Consequently, in Phnom Penh, in September 2012, 36
under-commissioners, most of whom women, followed a program co-enquiring
proceedings on childrens sexual exploitation and protection[46].
Due to international
pressure, Cambodian authorities seem ready to deal openly with the problem:
scandals have come to lights after sentencing pedophile criminals, such as for
instance an 81 years old Swiss citizen having paid for sex with a 13 years old
boy[47]. Supported by many VIP such as Demi Moore and Susan
Sarandon, Somaly Mam, now an international icon, set light on the dramatic
situation in Cambodia. Trade of Innocents[48], Christopher Bessettes film dealt mainly with sexual
exploitation in the country. Although still much is left to do, Cambodia is
slowly progressing.
Sources
- Bramham D., In Cambodia, theres a price on
childhood , The Vancouver Sun, March 23rd,
2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- ECPAT Cambodia, NGO joint statistics project – Quaterly Trend Monitoring Brief on Sexual
Trafficking, Sexual Exploitation and Rape in Cambodia, January/March 2012.
- ECPAT Cambodia, NGO joint statistics project – Quaterly Trend Monitoring Brief on Sexual
Trafficking, Sexual Exploitation and Rape in Cambodia, April/June 2012.
- ECPAT Cambodia, NGO joint statistics project – Quaterly Trend Monitoring Brief on Sexual
Trafficking, Sexual Exploitation and Rape in Cambodia, July/September 2012.
- ECPAT International, ECPAT Annual Report July 2011 – June
2012, November 2012.
-
Long S., Somaly Mam: Cambodian sex slave-turned activist ,
The Jakarta Post, June 15th, 2012.
- Pesta A., An Escape From Sex Slavery , The Daily Beast, video report (226), November 26th,
2012.
- Poulin Richard
(interview required by), Le systme de la prostitution au
Cambodge : le tmoignage de Somaly Mam , Sisyphe, December 20th, 2005.
- Silverstein K., Viennot B. (traduit par), Prostitue,
le mtier d'avenir des jeunes Cambodgiennes , Slate, May 30th, 2011.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- United Nations
Interagency Project on Human Trafficking (UNIAP), Cambodia : exodus to the sex trade ? Effects of the global
financial crisis on womens working conditions and opportunities, Strategic Information Response
Network (SIREN) Report, July 20th, 2009.
- United Nations Office on
Drugs and Crime (UNODC), Cambodia fights
sexual exploitation of children with more female police and by training all
police on gender-based violence, November 12th, 2012.
- United Nations,
Convention on the Rights of the Child, Consideration
of reports submitted by States parties
under article 44 of the Convention – Concluding observations: Cambodia, Committee of the Rights of the Child,
Fifty-seventh session, 30 May-17 June 2011, CRC/C/KHM/CO/2, June 20th,
2011.
- Somaly Mam Foundation :
www.somaly.org
- Transparency
International, Corruption perceptions
index 2012,
http://www.transparency-france.org/e_upload/pdf/cpi2012_mapandcountryresults.pdf
|
Cameroon
|
- Population: 20.5 million
- GDP per capita (in US
dollars): 1,151
- Republic
- Human development index
(HDI): 0.495 (150th rank among 187 countries)
- Gender inequality index (GII):
0.628 (136th rank among 147 countries)
- Member of the African
Union since 1963.
- According to the
official statistics, there were 18,000 prostitutes (men and women) in 2010.
(Strategic National Plan to Fight Against HIV, AIDS, and STDs 2011-2015)
- About 40,000 girls
(minors) are victims of sexual exploitation.
- Procuring is punished by
an average of 10 to 20 years of imprisonment.
- Specific amendments or
legislation: article 343 of the Penal Code and the law of December 14th,
2011 against children and adult trafficking.
- Country of origin,
transit and destination of trade victims with the purpose of sexual
exploitation.
- Domestic trade is a
recurring issue.
- Destination country for sex
tourism.
There is no
precise and reliable statistic on the number of prostitutes and trafficking
victims for the purpose of sexual exploitation in Cameroon. Generally,
information is almost nonexistent on the matter, since very few surveys have
been conducted on this phenomenon.
Nevertheless,
at the beginning of 2011, the Cameroonian government demonstrated encouraging
signs regarding the fight against sexual exploitation. Some progress has thus
marked the year 2012, but the issues of support and care of the victims have
not been discussed and dealt with by the authorities yet (U.S. Department of State, 2012).
Strengthening
the Cameroonian legislative framework
In April 2011,
the government adopted a new anti-trafficking law, abrogating the law of
December 29th, 2005, only in relation to trafficking of children.
From now on, all kinds of trafficking, children and adults, are criminalized
and punished by sentences that can reach 20 years imprisonment.
Since the
adoption of this new law, the government has lead five investigations, two of
which resulted in 20 year prison sentences. However, some progress still has to
be made regarding the problem of corruption of the police authorities and civil
servants. According to the 2012 U.S. Department of State Report on Human
Trafficking, two of the five investigations opened in 2011 involved civil
servants/public authorities. Today, none of these investigations have resulted
in anything yet.
Moreover, many
testimonies mention the constant issue of corruption in Cameroon. Without being
directly involved in human trafficking for the purpose of sexual exploitation,
the police often indirectly take advantage of it. The media thus report that the prostitutes of Yaound have established
a form of complicity with some police officers. The women text message the
place where the prostitute person and the client went, so that the police can
go there and extort the client by threatening to arrest (Slate Afrique, April 29th, 2012). The money thus
obtained, usually a bit higher than the agreed price for the trick, is then
shared between the prostitute person and the policemen.
Along with the
reinforcement of the legislative proposal, the Cameroonian Government also put
in place an Inter-Ministerial Committee for Combating Human Trafficking. This
Committee is responsible for supervising the implementation of the legislation
and the National Action Plan to combat child labor and trafficking. More and more awareness-raising
campaigns have been launched on a regional and national level, as well as
training sessions to fight child trafficking and sexual exploitation in
Cameroon. As an example, an NGO created and led by Chantal Biya, First Lady of
the country, has entered a partnership with tourism agencies, and tour
operators to fight sex tourism.
Although
efforts are gradually made to prevent any kind of trafficking, including the
one with the purpose of sexual exploitation, the Cameroonian Government still
struggles to ensure protection for trafficking victims. There are now more and
more to be identified, but there are still no specific mechanisms and
assistance procedures to make sure the victims are immediately taken care of by
the NGOs. Further, when the victims decide to file a complaint against their
traffickers and get involved in the investigations, they do not benefit from
any governmental protection. However, the danger is very real to them.
Cameroon has
realized the plague of sexual exploitation and the recent measures show it.
Nevertheless, adult prostitution, of men and women, but also of children,
remains a major issue in the country.
A
prostitution beyond Cameroon borders
Inside the
very Cameroonian territory, male and female prostitution remains very present.
Still done in the street, in hotels or under the guise of a job as a housemaid,
prostitution changes with the development of the internet. Thus, more and more
sites offering massage services are created on the Cameroonian web. The owner
of a cyber caf has even helped a woman create her blog to sell her sexual
services. According to him, this practice is quite common, and it only requires
going on a search engine and look(ing)
for a masseuse in Douala to find
many of them (Camer, 10 octobre
2012).
The rise of
the internet in Cameroon has not only changed the prostitution practices in the
country, but it has also widened its frontiers. Thus, many women are lured to
Europe with fake marriages contracted on the internet, or false job promises
posted online. These women are then forced to prostitute themselves in
Switzerland, France, Denmark, Cyprus, Spain, Germany, or even Norway and
Russia. France has the most important Cameroonian community in Europe, which
would explain the high number of Cameroonian prostitutes in France.
According to
the Office Central pour la Rpression de la Traite des Etres Humains (OCRTEH - Central
Office for the Repression of Human Trafficking), Cameroon beats sad records on
the matter of prostitution in Europe. Thus, in 2005, 50% of the African women
prostitutes in Europe were from Cameroon. Although a no more recent figure is
available, two cases broke out in 2012 and revealed the connections that exist
between Cameroon and France in the area of prostitution.
In Sane-et-Loire,
a prostitution network led by Cameroonian storekeepers in Chalon was
dismantled. Among other things, the prostitutes had to pay about 700 ($945
USD) to a boss living in Cameroon. A few months later, in Caen, a woman of
Cameroonian origin, former prostitute, was sentenced to 3 years in prison for
aggravated procuring. According to the elements of the investigation, the woman
was exploiting some twenty prostitutes from Cameroon.
In the two
cases, the prostitutes sent a certain amount of money every month to their
relatives. Although the families sometimes truly believe their daughters have a
good situation in Europe, most of the time, the women prostitute themselves with
the complicity of their family.
Amely-James
Koh Bela, founder of the Mayina association in Cameroon and author of striking
books, assures that African networks have a specificity, which is the
involvement of the family: Behind each
girl, behind each child who is exploited, she says, there is a family member, a father, a mother, an aunt, a brother or a
sister, and that is very hard. According to the activist, fake adoptions of
African women living in Europe and in France, with the implicit complicity of
the parents who stayed in their country, are commonplace[49].
In a survey
directed in 2006 by the association Children, Teenagers and Future (ASSEJA),
the testimony of a young 15-year-old girl perfectly illustrates this situation:
I came to my aunts to pursue my studies
and work in a bar at night. When I arrived, my aunt asked me to wait and go to
school the following year so that I could get used to the city. Later, she
asked me to work at the bar every day. When a client came on to me, I told my
aunt and she told me: youre a young and pretty girl, its normal that men are
interested in you. One night, she came and asked me to be nice to the clients,
and assured me they werent mean and they wouldnt hurt me. When a rich man
came to the bar, she asked me to serve him in the room behind the bar. When we
arrived, he offered me money and asked me to sleep with him. Im not allowed to
refuse, or Ill get sent back to the village. After 30 minutes, my aunt came in
and asked me if he was nice. She took the money and gave me a little of it to
buy clothes.
Thus, facing
poverty, some people would not hesitate to prostitute members of their own
family, often very young children.
Cameroon,
the new top destination for sex tourism in Africa
Child
prostitution, a true plague in Cameroon with almost 40% of the young girl
prostitutes aged between 9 and 20 years, attracts many tourists. Most of the
children who are victims of trafficking are placed in hotels, nightclubs, and
cabarets to be sexually exploited by tourists, who directly pay the owners of
the establishments. The owners then pay the children.
Although the
actors of the tourism industry claim to not take part in this children
exploitation system, having adopted a charter against sex tourism in 2007, it
is now obvious that the hotel staff does not hesitate to use stratagems to
bring minor girls in the hotels, on the request of tourists (Envoy Spcial - documentary, March 2nd,
2006).
According to
the survey of 2004 of the Minister of Social Affairs (MINAS) and the UNICEF,
the towns of Kribi and Limb are the most affected by this phenomenon and
attract tourists mainly from France or the United States. The Cameroonian newspaper
Le Messager thus affirms that these
people spend between 10,000 and 60,000 Francs CFA (between $20 and $80 USD),
especially to have an underage girl in their hotel room.
The phenomenon
of sex tourism, whose scope increased by the development of internet and the
online release of pictures of the victims, is not the only form of exploitation
from which children suffer.
Several
surveys reveal cases of child pornography in Douala and Yaound. Even if these
cases remain rare, the associations at the origin of this research raise the
alarm by asserting that the production and broadcasting of pornography material
with children are steadily growing in Cameroon.
Although child
prostitution for the purpose of sex tourism is obviously one of the major
problems that the Cameroonian authorities have to face, this phenomenon should
not mask another aspect of child sexual exploitation.
The
persistence of precocious and/or forced marriages
In 2008, it
was revealed that the precocious marriages rates remained quite high in Western
and Central Africa. In Cameroon, the rates of marriages of children were of 23%
in the urban environment, and of 57% in the rural areas. Young girls from 10 to
20 years of age are also given to sixty year-olds or more, in exchange of several
financial or social benefits. The investigation made in 2004 by the
International Circle for the Promotion of Creation (CIPCRE) reveals three cases
of forced marriages with girls aged 5 and 9.
In most cases,
these little girls are confined, raped, abused by their husbands, or abandoned
when he takes another wife.
According to
ASSEJA, in some parts of Cameroon marriages are sometimes decided before the
child is even born. Thus, men touch the stomach of a pregnant woman declaring
their intention to marry the child if it is a girl, either for themselves, or
for their boys looking for a wife. Gifts are then given to the mother and the
daughter until she reaches puberty, generally when she is 12.
Another
similar practice to precocious marriages and/or forced exists in Cameroon, like
in the rest of sub-Saharan Africa, called forced sexual initiation. In 2002[50],
the World Health Organization (WHO) observed that the first sexual experience
was not desired for almost 40% of the girls, and 30% of the boys.
A real and
worrying phenomenon, sexual exploitation in Cameroon, which takes adults and
children victims, is moreover the cause of great issues of public health. These
issues include the high early pregnancy rate among the victims, and the
evolution in an environment characterized by drugs and/or alcohol consumption.
Also, as a result of the frequent absence of a condom, many prostitutes are
affected by HIV/AIDS. According to the National Strategic Plan for HIV, AIDS
and STDs of 2011-2015, the number of victims infected with HIV rate went from
26.4% in 2004 to 36.8% in 2009. Furthermore, because of the homosexuality ban
in Cameroon, awareness for male prostitutes is very low.
The year 2012
is marked by the awareness of the Cameroonian Government, which heads towards a
reinforcement of the fight against human trafficking for the purpose of sexual
exploitation. However there is still a long way to go, particularly in terms of
protection and support of the victims.
Sources
- Le
combat dAmely-James Koh Bela contre les rseaux de prostitution en
Afrique , RFI, July 20th,
2010.
- Les
nouvelles techniques de racolage des prostitues camerounaises , Slate Afrique, April 29th,
2012.
- A.D,
Caen : prison ferme pour le duo de proxntes , La Manche libre, May 30th,
2013.
- Association Enfants Jeunes et Avenir(ASSEJA), Lexploitation sexuelle des enfants des
fins commerciales au Cameroun, July 2006.
- Bouland E.,
Les prostitues versent 500 par mois au rseau , Le Journal de Sane et Loire, December 22nd, 2012.
- Cercle international pour la promotion de la creation(CIPCRE), Enfance en danger, lexploitation sexuelle
des jeunes filles des fins commerciales au Cameroun, December, 2004.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Farquane, A.,
Millet S., Cameroun : nouvelle escale du
tourisme pdophile, Envoy Spcial, France 2, Mars 2nd, 2006.
- Franciscans
International, Conseil des droits de
lhomme, Examen priodique universel, April-May, 2013.
- MBassa Menick
D., Dassa KS, Kenmogne JB, Aabanda Ngon G., Mineurs exploites
sexuellement des fins commerciales : Etude multicentrique, exploratoire
et prospective au Cameroun , Revue
Mdecine Tropicale, n.69, 2009.
- MBog R.,
Les grandes destinations du tourisme sexuel en Afrique , Slate Afrique, February 14th,
2012.
- MINAS/UNICEF, L'exploitation sexuelle des enfants au
Cameroun, Etude prospective dans cinq villes du Cameroun (Yaound, Douala,
Kribi, Limbe, Ngaoundr), April, 2004.
- Protection Project (The), A Human Rights Report on
Trafficking in Persons, Especially Women and Children, 2008.
- Tankeu Y.,
Cameroun : Quand la prostitution est la mode Douala , Camer, October 10th, 2012.
- U.S. Department of
State, Trafficking in PersonsReport,
June 2012.
- UNICEF, Exploitation et abus sexuels des enfants en
Afrique de lOuest et du Centre, 2008.
|
Canada
|
- Population: 34.7 million
- GDP per capita (in US dollars):
52,219
- Constitutional monarchy with a bicameral
parliamentarian regime
- Human development index (HDI): 0.911 (11th
rank among 187 countries)
- Gender Inequality Index (GII): 0.119 (18th
rank among 147 countries)
-
No official national statistics on prostitution.
-
Prostitution is not illegal.
-
Measures are taken in order to control prostitution in streets and bars.
- Country
of destination for human trafficking mainly from Eastern Europe, the Caribbean
and China. Transit country towards the United States.
-
Development of sex tourism of Canadian nationals towards the Caribbean.
Government participation in UNICEFs program against child sexual exploitation.
The Canadian population is mainly concentrated around urban centers
while the Canadian State is formed of ten provinces united around the federal
government in Ontario.
Each province has its own identity and keeps to its political and
administrative autonomy. However the federal functioning is hindered by deep
cultural disagreements, divergent social choices and different ways of thinking
- obvious in the case of Quebec.
Over several years the federal government ran a
number of national programs such as the 2011-2015 Project on Gender Equality;
The Project for Solidarity and Social Inclusion, The Law on Citizenship, The
Law on Settlement and Protection of Refugees (LIPR) which recommended a more
rigorous follow up of refugees throughout
the country.
Government
programs, but to what end?
Since the Pickton and Bedford cases[51],
Canadian societys attention is focused on the prostitutional phenomenon. The
society is gradually becoming aware of the violence prostituted women are
submitted to and of the lack of involvement of the authorities to protect them.
Besides, the divergent or even controversial positioning of the
stakeholders- provincial authorities, the main charities and NGO, and other such concerned - led to passionate
issues : hence any kind of option is opened while anything can be said and
experimented. Authorities and NGOs blame each other for the consequences of a
problem which question the law and the social system itself.
The Pickton case, named after the serial killer who killed prostituted
women, clearly showed how the Canadian police were prejudiced against women
whether they be poor, indigenous, drug-addicted or prostituted. All of which,
according to Judge Opals report, created serious dysfunctions.
Hence in the Bedfords case[52], after
many references between local and provincial courts, the Supreme Court finally
decided in reference to the Charter of Rights and Freedoms to recognize the
right to prostitution, yet only when hidden in brothels. Street prostitution,
inciting and procuring remain forbidden, as well as any income linked to
prostitution.
However, at the same moment the members of Stella, an association
claiming rights for prostituted persons, demanded the same professional status
and rights as any common workers.
The Quebec provincial government protested against the State
professionalizing prostitution, arguing that considering it as a job on the
labour market would aggravate human trafficking and sexual exploitation.
Approaches, rules, opinions and positioning led to such confusion that
the Federal government decided to focus its objectives to facilitate fieldwork.
Recall that only the federal government of Canada is empowered to endorse
agreements, arrangements or treaties. It has strengthened the fight against
trafficking in human beings and sexual exploitation of children.
The
fight against human trafficking
According to the 2013 U.S. Department of
State Report on Human Trafficking, 300,000 people are crossing the borders
daily, a door open to traffic, despite all the security agreements, protection
of persons and other bi-lateral programs between the two countries.
Two elements aggravate the situation: Canada
being a transit destination to people mainly coming from Asia, South America
(Caribbean and Mexico) and Eastern Europe; all this together with the extreme
vulnerability of indigenous native Canadian women. Vancouver and Toronto are
two hubs to human trafficking mainly to USA.
Since 2011, law enforcement on immigration, citizenship, and on the
implementation of refugee protection has been strengthened, including through
the expansion of the functions of the National Coordination Centre of Trafficking
in Persons (HTNCC). Now, the center is authorized to perform monitoring
information on persons entering the territory and control their activities in
places of prostitution (massage parlors, bars, dance halls ...)
Reinforcing measures against sexual exploitation
of minors in Canada has ameliorated the problem, yet not solved problem. As a
matter of fact, Canadian sex tourism abroad increased - mostly in Dominican
Republic, Cuba and above all Mexico- involving boys and girls aged 3 to 17. The North American Free Trade Agreement
(NAFTA), a free trade agreement between Mexico, USA and Canada, which
facilitates cross-border freedom of movement, had a perverted issue: that of facilitating
the transfer of human trafficked victims and increasing sex tourism to Mexico.
Despite the measures of provincial governments
and the federal government, this multiplicity of actions, studies and
approaches has a double effect: to create confusion in the analysis and
fundamental management prostitution and to strengthen vigilance associations.
Lobbying:
vigilance, monitoring, and revelations
For the associations, each new study, each event
is an indicator of omissions and gaps in public policy. Thus, the film by
Rodrigue Jean, pope, les Prostitus par eux-mmes (Epic, prostituting themselves),
focused on harassment and violence experienced by homosexual prostitutes (Le Devoir, January 26th,
2012). This film is also
supported by the Rzo group, which focuses on the health, and well-being of gay
and bisexual men, and has a program to male prostitutes.
Based on dozens of stories of men confined to
"a kind of ghetto of Montreal" encountered in writing workshops, the
director of the docu-fiction, has a better understanding of these "life
stories, often punctuated with consumption especially crack cocaine,
inexpensive and intensely addictive drugs, and ordinary prostitution stories
lined by violence related to homophobia, abuse and rape.
Following this film, the organization "Gay
listening" of Quebec has created the registry of homophobic acts (RAH).
This service is available by phone, mail, email, chats, lists homophobic acts.
The victims or witnesses of homophobic acts (physical and verbal abuse,
intimidation, harassment, abuse, ridicule, discrimination...) can report
anonymously and for free. The compilation and analysis of this data should
provide further insights into the issue of homophobia and act at prevention.
Similarly, a study from the NGO Native Women's
Association of Canada (NWAC) has alerted the public prosecutor on violence
against Aboriginal women because of their origin. These women are only 3-5% of
the Canadian population, but they represent 90% of victims of prostitution and
trafficking. They suffer discrimination directly with the police and judicial
authorities (as shown by the death of Ashley Smith, a young Aboriginal woman
victim of police violence).
Associations in Anglo-Saxon countries have a
strong influence over government decisions. Lobbying is a recognized activity,
although sometimes disturbing. Their action is more effective as they gather in
powerful coalitions.
These associations work together to develop
action plans and know-how to use the simplest ways to attract attention. The
World of Women has organized the Walk4Justice, a march from Vancouver to Ottawa
for female victims of trafficking, missing and murdered (aboriginal women
mostly). In Montreal, the association "La Maison de Marthe" organizes
every Thursday a Circle of Silence in tribute to victims of prostitution and
trafficking.
And
further ahead
The problem is largely posed. In addition, it is
interesting to note that it is often the victims or former victims, who are
behind, and sometimes at the head of these actions and claims. They maintain a
state of alertness and vigilance important in society. For now, these are
questions of mentality and education that will lead to a total transformation
of society.
Sources
- Amnesty International, Annual
Report 2013 – The state of the worlds human rights, 2013.
- Chauffaut D., Hamel M.-P., Naves M.-C.,
Reynaudi M., Sauneron S., 500
propositions, innovations et curiosits sociales venues de lՎtranger, Second
edition, year 2012, Centre danalyse stratgique, Panorama Questions
Sociales, December 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Duchesne D.,
La prostitution de rue au Canada , Juristat, 17:2.
Ottawa: Statistique Canada, 1997.
- Government of Quebec, Ministry of Employment and
Social Solidarity, Le Qubec mobilis
contre la pauvret - Plan daction gouvernemental pour la solidarit et
linclusion sociale 2011-2015, June 2010.
-
Montpetit C., Epope, dirig par Rodrigue Jean – Prostitus par
eux-mmes , Le Devoir, January
26th, 2012.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- United Nations Office on Drugs and Crime (UNODC), Global report on trafficking in persons, December 2012.
-
Registre des actes homophobes (French
Register homophobic acts) (RAH) :
http://www.gai-ecoute.qc.ca/default.aspx?scheme=4054
|
China
|
- Population: 1.35 billion
- GDP Per capita (in US
dollars): 6.091 (Hong-Kong, SAR, China: 36.796)
- Single party republic
- Human development index
(HDI): 0.699 (101st rank among 187 countries)
- Gender inequality index
(GII): 0.213 (35th rank among 147 countries)
- According to the Chinese
Communist Party, there are between 3 and 4 million prostitutes.
- In continental China,
prostitution is illegal (Article 66 and 67, Law
of the Peoples Republic of China on Administrative Penalty, 2005).
Prostitutes, clients, and procurers are penalized.
- In Hong Kong,
prostitution in private apartments is legal. Solicitation and brothels are
prohibited. In Macao, prostitution in private apartments is legal, solicitation
is prohibited. In Taiwan, prostitution in private apartments is decriminalized,
solicitation is illegal, and brothels are legal.
- Phenomenon of
significant domestic human trafficking: lack of national data.
- Country of origin,
transit, and destination for trade victims.
- Destinations of Chinese
victims: Thailand, Burma, European, African and American countries.
- Origins of victims in
China: neighboring countries (Burma, Vietnam, Laos, Singapore, Mongolia, North
Korea), Russia, European, African and American countries.
As in previous
years, the news in 2012 for prostitution in mainland China is marked by several
large police raids in major cities. In Beijing, an anti-prostitution campaign,
conducted from April 20th to May 30th, 2012, led to the
closure of 48 facilities of "entertainment" (China Daily, June 13th, 2012). In a second campaign, the
Beijing police conducted raids in 180 schools and 660 suspects were detained
over a period of two weeks (Global Times,
July 13th, 2012). After a report by Human Rights Watch in May 2013,
widely publicized repressive measures have resulted in an increase in police
violence and abuse in general against prostitutes.
The situation
of prostitution in China is extremely precarious. Prostitutes are victims of
discrimination, of violence, of arbitrary detention, of forced labor... no
improvement is noted for the year 2012. Instead, it rather is a decline.
Although some grassroots organizations are fighting for the rights of
prostitutes to be respected, it is clear that the strategy adopted by the
central government remains more repressive than ever. Prostitution is also
officially regarded as part of the "six evils" of society including gambling,
superstitions, drug trafficking, pornography and the trafficking of women and
children. Furthermore, prostitution is regarded by the government as a
"disgusting social phenomenon" (Human
Rights Watch, 2013).
Chinese
legislation and its relations to prostitution
Mainland China
has a prohibitionist regime, resulting in the criminalization of prostitutes, procurers
and customers. The peculiarity of the Chinese law lies in the fact that the
prohibition of prostitution is under administrative law, not criminal law, as
is generally the case. The fines to penalize prostitutes range from 500 CNY
($82 USD) to 5,000 CNY ($820 USD). In addition, prostitutes can be placed in
administrative detention for 5 to 10 days, in the center of "detention and
education" from 6 months to 2 years, or in the center of "reeducation
through labor" for 3 years - in case of recurrence. Procuring is,
meanwhile, prohibited by the Penal Code with imprisonment up to 10 years. The
fact of knowingly transmitting a sexually transmitted disease (STD) through
prostitution is punishable by a prison sentence of five years under the Penal
Code (UNDP, 2012).
The system of
administrative detention does not provide protection for those convicted. They
have no access to a lawyer. Administrative detention is not decided by a court,
but by a Committee headed by the police. Opportunities to appeal the judgment
are almost non-existent. One can therefore, under international law, define
administrative detention, sending in detention, and reeducation through labor
as arbitrary since individuals may be deprived of their liberty without any
judicial process. Studies have shown that abuses such as forced labor, torture,
verbal abuse are common in these centers. The Chinese government does not
release information on the subject. Further, one ignores these establishments
and the number of people who are detained there (Human Rights Watch, 2013).
Police
violence against prostitutes
For a person
to be detained because of prostitution, the police must have evidence that
there actually was a sexual act in exchange for a monetary or material reward.
But most often, the police hold the suspects with no or very little evidence.
In addition, the non-registration of the fines collected is a common practice
among law enforcement and is a significant extra-budgetary source. There are
quotas for fines for the local police to reach, despite the prohibition by the
Chinese Ministry of Public Security. The amount of fines subject to tax is
unknown, leaving the spotlight on corruption (Human Rights Watch, 2013).
In addition to
the fines being imposed in an arbitrary and non-transparent manner by the
police to people suspected of being prostitutes, they are also victims of
physical and verbal abuse, particularly during interrogations in which the
police are trying to get their confessions. According to an article in the South China Morning Post on December 14th
2012, the extortion of confession is supposedly a common practice.
According to a 2012 report by the United Nations Development Program (UNDP),
cases of torture, including the use of electric shocks, have even been
reported, in contrast to the provisions of the National Human Rights Action
Plan adopted by the country.
Moreover, the
police supposedly use possession of condoms as evidence that the suspects are
indeed engaged in prostitute activity, in spite of the instructions on
Principles for Propaganda and Education Regarding AIDS Prevention from 1998
which insists that the police refrain from using possession of condoms as
evidence of prostitution." The consequences of this practice are harmful
to prostitutes, their customers and the general public, as it causes the
prostitutes to not carry condoms on them, and therefore to have unprotected
sex, which leads to risks of transmission of HIV/AIDS and other STDs. In
addition, the police claim to provide protection to some prostitutes or some
brothels in exchange for free sex (Human
Rights Watch, 2013).
Abusive
practices of Public Health Services
Chinese law
allows the Ministry of Public Health and the Chinese Center for Disease Control
(CDC) to perform forced testing for HIV/AIDS tests, without requiring them to
communicate the results to those tested. The survey conducted by the American
NGO Human Rights Watch (HRW) reveals breaches of confidentiality of test
results, with results communicated to third persons, and no provision of
appropriate health care services to prostitutes with HIV/AIDS. In addition,
prostitutes have told HRW researchers that they have been mistreated by the
medical staff. In some cases, these abuses have led to the expulsion of
prostitutes from public medical institutions, especially when the prostitutes
are working with the police. All these violations of human rights to health, to
dignity and to confidentiality of medical information are harmful to the health
of prostitutes and the objectives of reducing HIV/AIDS among prostitutes and
the general population.
During
February 2012, in the Guangxi Zhuang Autonomous Region - second most affected
place in China for HIV infection - a bill ending the anonymous testing was
filed, creating a debate across the country. Hunan Province has already
approved the measure. Lawyers and activists immediately protested against the
removal of anonymous testing arguing that people would be less likely to take
the test under such conditions, because of the strong social stigma attached to
the disease. Officials from the Department of Public Health and director of the
CDC were in favor of this measure because, by tracking people who had sex with
or sharing needles with people who tested positive, the fight against the virus
would more efficient (Caixin, June 3rd,
2012).
An
alarming phenomenon of trafficking
In 2012, China
moved to tier 3 in the classification established by the 2013 U.S. Department of
State Report on Human Trafficking. This decline, after nine consecutive years
on the Watch List in tier 2, is explained by the fact that the Chinese
authorities are not doing enough to bring the Chinese legislation against
trafficking to the international minimum standards. It is both a country of
origin, transit and destination. The phenomenon of internal trafficking is
highly developed and particularly affects the migrant worker population, which
is estimated to exceed 236 million people. The situation of girls and
commercial sexual exploitation of North Korean women victims is particularly
alarming. Once adopted by the authorities, they are detained and forcibly
returned to North Korea, where they might be extremely severe penalties up to
the death penalty. In addition, the Chinese government continues to deny access
to North Koreans in northeast China to the UN agency for refugees (UNHCR),
leaving the refugees vulnerable to traffickers.
International
crime syndicates and local gangs, with the help of corrupt officials, play a
key role in the operation of Chinese victims abroad, as well as in the foreign
victims in the China. In July 2012, eight girls of less than 14 years of age
were abducted and forced into prostitution. Local officials and businessmen
were among five people arrested in connection with the case. Although several
press articles indicate a strengthening of anti-trafficking efforts put in
place by the Chinese authorities, it remains difficult to get a clear idea
because the government provides very little information, both about the arrests
and prosecutions.
Prostitution
and gambling in Macau
Returned to China in 1999 by Portugal, Macau enjoys a high degree of
autonomy from the central government outside of foreign policy and defense. The
legal regime for prostitution differs from that enforced on the continent. In
the texts, only prostitution in private premises is legal. Soliciting and procuring
are prohibited by the Penal Code. They are respectively punished with a 5,000
patacas (MOP) maximum fine ($640 USD) and 1 to 5 years in prison (UNDP, 2012).
Being
the only part of China where gambling is allowed, 70% of Macaus economy
depended on income from taxes on casinos in 2012. The profit of Macau casinos
grew to be six times higher than in Las Vegas. In 2012, 28 million people
visited the peninsula, a large majority from mainland China. Despite the
illegality of prostitution in Macau, it takes place in some casinos, massage
parlors, karaoke... The vast majority of sex workers are from mainland China,
especially in rural areas. They enter the territory initially with two week
tourist visas (UNDP, 2012). Other
prostitutes are primarily from Mongolia, Vietnam, Thailand and Russia. Crime
syndicates from China, Russia and Thailand are suspected to be involved in the
recruitment of women victims for commercial sexual exploitation in the
peninsula (U.S. Department of State,
2013).
The
legislation of the Macao Special Administrative Region - Law Number 6 /2008 -
prohibits trafficking in all its forms and provides for imprisonment up to 15
years. As of 2012, Macao made progress in the fight against trafficking in
previous years: 2 cases of trafficking for sexual exploitation have been
brought before the courts, nine traffickers were convicted, 25 victims
identified and assisted. However, 17 other prostitutes associated with these
cases were not recognized as trafficking victims, because of their
"voluntary" association with traffickers. Until the end of legal
proceedings, victims - identified as such - were accommodated in shelters run
by the Social Welfare Bureau. Once the judgment was reached, they were
repatriated without being left with another choice. Macau authorities have made
some efforts in prevention, including seizing 200,000 brochures relating to
prostitution and arresting 423 people distributing them (U.S. Department of State, 2013).
In
2012, a scandal concerning money from prostitution in Macau began in the United
States. Steven Jacobs launched a lawsuit against his former employer Sheldon
Adelson (U.S. billionaire, owner of several casinos in the United States and
Macau) accusing him of allowing free rein of prostitution in his casinos to
increase attendance. S. Adelson is a major contributor to the Republican Party
that massively funded Mitt Romneys campaign in the last U.S. presidential
elections (BBC, August 24th,
2012). In addition, a case of prostitution of a minor in a casino owned by an
American citizen was reported in 2012 (U.S.
Department of State, 2013).
Prostitution
and trafficking in Hong Kong and Taiwan
Within
the Special Administrative Region of Hong Kong prostitution is only legal in
private premises. Soliciting and procuring in any form is prohibited by Section
200 of the Crimes Ordinance. In fact, one observes that prostitution takes
place in private apartments, sublet to prostitutes mainly from mainland China.
Most of them enter the country with short-term visas, or forged identity
documents. The police raids in these apartments often lead to arrests for
offenses of illegal residence. Prostitution also occurs in clandestine brothels
in connection with organized crime, and karaoke, discos... (UNDP, 2012)
With
regard to trafficking for sexual exploitation, Hong Kong remains in tier 2 for
the fourth consecutive year in the 2013 U.S. Department of State Report on
Human Trafficking. The efforts of the Hong Kong authorities to fight against
trafficking are limited by legislation - Crime Ordinance, Chapter 200, Section
129 - which does not take into account all forms of trafficking, provides
unequal application of formal procedures for identifying victims, and lacks of
provisions protecting the victims.
According
to the 2013 U.S. Department of State Report on Human Trafficking, there were
three cases of prosecution under Section 129. 10 people have been convicted
under Section 130, which prohibits forced or organized prostitution and/or for
offenses related to trafficking prostitution, compared to six in 2011. However,
the sentences are very mild. 6 people found guilty were sentenced on average to
6 months imprisonment, while others were placed under parole or sentenced to
community service, which demonstrates that procuring is not considered a
serious offense by the Hong Kong authorities.
Regarding
the Taiwan Province of China, the regime is a regulationist regime. Only the
solicitation is prohibited, prostitution in private places is decriminalized,
and procuring is legal, but only in the official "red light districts.
Prostitution outside these areas is penalized under Article 80 of the Social Order
and Maintenance Act 1991 (recently amended in 2011) which provides for a fine to
a prostitute of 30,000 TWD ($1,026 USD ) and for the customer a fine of 50,000
TWD ($1,700 USD), and the head of the house of prostitution five days of
detention. In addition to the requirement to have a license to brothels and
prostitutes, they must submit to periodic health examinations. Severe legal
constraints on the licensed prostitutes and prostitution establishments allowed[53],
combined with the decision of the capital, Taipei, to suspend the issuance of
new licenses in 2001, which led to a great reduction of legal prostitution[54].
Along with this decline, according to a 2012 report by the United Nations
Development Program (UNDP), one observes an increase in illegal prostitution in
a wide variety of establishments (karaoke bars, massage parlors, etc.).
In the fight against trafficking, Taiwan is an exemplary student. According
to the 2012 U.S. Department of State Report on Human Trafficking, it is located
in tier 1 for the third consecutive year. Taiwanese legislative framework is in
line with international minimum standards. Taiwan is primarily a destination
for victims of trafficking, mainly from mainland China, Southeast Asia and
South Asia. In 2012, the Taiwanese authorities have convicted of trafficking
for commercial sexual exploitation 186 people, compared to only 113 in 2011,
under Taiwan's Human Trafficking Prevention and Control Act with sentences
ranging from 6 months to 7 years imprisonment. On the other hand, still in
2012, authorities have identified and assisted 310 trafficking victims. The
peninsula has 21 shelters for victims of trafficking under the administration
of two government agencies: the National Immigration Agency (NIA) and the
Council for Labor Affairs (CLA) managed by NGO partners of the government (U.S. Department of State, 2013).
Efforts in prevention have also been made. In October 2012, the MTV
EXITs film "Enslaved, which features stories of trafficked victims went
to Taiwanese television. According to estimates, the film was seen by about
200,000 people. In November 2012, the NIA organized a seminar in Taipei about
experiences of trafficking victims and members of NGOs. A total of 220 aid
workers, academics, and Taiwanese officials attended the seminar (U.S. Department of State, 2013).
With two special administrative regions, Hong Kong and Macao as well as
the autonomous region of Taiwan, there are four very different legal frameworks
that have been implemented, both in terms of prostitution that the fight
against trafficking. This naturally results in extremely different situations.
The lack of attention to the victims, their implicitly complicit attitude to
the authorities, and the involvement of organized crime syndicates do seem to be
common factors in these four contexts. Taiwan could be modeled in the fight
against trafficking, as the countrys actions seem effective.
Sources
- Ex-Sands executive
alleges prostitution in Macao casinos , Taipei Times, July 3rd, 2012.
- Prostitution crackdown
, Global Times, July 13th,
2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Edsall T. B.,
Embracing Sheldon Adelson , The
New York Times, August 6th, 2012.
- Grange (de la)
A., Macao, table de jeu de toute la Chine , Le Figaro, August 24th, 2012.
- Human Rights Watch, Swept Away, Abuses Against Sex Workers in
China, May 2013.
- Jeffreys E., Sex and Sexuality in China, Routledge
Ed., 2006.
- Kao E., More sex
workers report abuse by police, survey finds , South China Morning Post, December 17th, 2012.
- Musa Ladu I.,
Women face travel ban to China over prostitution , Daily Monitor, December 13th,
2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- United Nations
Development Programme (UNDP), HIV and men
who have sex with men: Country Snapshot - China, November 2012.
- United Nations
Development Programme (UNDP), Sex work and
the law in Asia and the Pacific, 2012.
- Xuyan F., Qingfeng W.,
Lawyers, Activists Decry Plans for Real-Name Registration in HIV Testing
, Caixin, June 3rd, 2012.
- Yabin J., Police
bust budget hotel hooker service , Global
Times, November 19th, 2012.
- Yin C., Crackdown
on venues suspected of prostitution , China
Daily, June 13th, 2012.
- Zhang L., In China,
sex workers' lack of legal protection fans police abuse , South China Morning Post, December 14th, 2012.
|
Colombia
|
- Population: 47.6 million
- GDP per capita (in US
dollars): 7,752
- Presidential regime
- Human development index
(HDI): 0.719 (91st rank among 187 countries)
- Gender inequality index
(GII): 0.459 (87th rank among 147 countries)
- No official national statistics
on prostitution.
- Prostitution is legal
under the condition that it is consenting and that no minors are involved.
Procuring is sanctioned by article 213 of the Penal Code. Sex tourism of minors
is punished under article 219 of the Penal Code.
- Human trafficking with
the purpose of sexual exploitation is illegal (anti-trafficking law number 985
of 2005, but the decree of victim protection required by said law is still not
enacted).
- Sex tourism is mainly
located on the Atlantic Coast in Cartagena and Barranquilla, as well as in
Medellin or in the capital, Bogota. In Cartagena, nearly 1,500 boys and girls
are victims of sex tourism.
- Each year, close to
35,000 Colombians are victims of human trafficking for sexual exploitation
abroad.
Colombia is
the only South American country still experiencing an armed conflict, which has
lasted since the 1960s. A civil war from 1948 to 1957, caused by the
assassination of leftist leader Jorge Eliecer Gaitan, resulted in an agreement
called the "National Front," which lasted until 1974. Nevertheless,
several armed groups including those with communist tendencies, challenged the
agreement and refused to surrender. Thus, for over 50 years, armed conflict
raged in the country involving different actors such as paramilitaries, Marxist
guerrillas with the Revolutionary Armed Forces of Colombia (FARC) and the armed
forces of the state (Les Amis du Monde diplomatique, June 8th,
2013).
The armed conflict has a negative impact on the
population, including forced displacement to escape the violence, high
unemployment... The poverty level remains high (45%). In this context,
vulnerable, young Colombians are easy prey for sexual exploitation and may be
the preferred targets of armed conflict. Sexual violence against women is a
formidable weapon in the service of terror (Le
Monde, March 2nd, 2013). The violence committed by various armed
actors in the conflict includes rape and prostitution. According to a study
published in December 2010 by Intermon Oxfam, nearly 500,000 people have been
victims of violence between 2001 and 2009. Armed groups have also forced more
than 1,500 women into prostitution during the same period.
Legal
framework in question
Trafficking in persons
Colombia, with law number 800 of 2003 endorsed the United
Nations Convention against Transnational Organized Crime adopted on November 15th,
2000 and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially of women and children (Ministerio
del Interior y Justicia, June 28th, 2013). Colombian law number
985 of 2005 provides that "whoever captures, transfers, harbors or
receives a person, in the country or outside the country, for the purpose of
exploitation shall be punished by imprisonment ranging from 13 to 23 years and
a fine of 800 to 1,500 times the legal monthly minimum wage" (IOM, 2011).
A decree for the protection of victims
required by the Anti-Trafficking Act 2005 was written in 2008, but has not been
enacted to date. Colombia is recommended, by the 2013 U.S. Department of State Report
on Human Trafficking, to issue the decree and to ensure that all victims of
trafficking have access to the protection of specialized services. NGOs are
much more active than the Colombian government. Nevertheless, the government
finances many projects, such the opening an emergency shelter by NGOs for adult
trafficking victims in 2012.
Prostitution
In decision T-620 of 1995, the Constitutional Court
stated that prostitution is not desirable in that it is contrary to the dignity
of the human person. But this does not mean it prohibited prostitution which does
not constitute an offense (Vanguardia,
May 7th, 2012). In decision T-629 of 2010, the same court, citing
the constitutional principle, which guarantees the protection of the rights of
persons belonging to a discriminated group, has traditionally protected the
rights of victims of prostitution in areas such as wages and benefits (Semana, October 6th, 2010). To
summarize, prostitution is legal provided there is consent and no minor is
involved (La Patria, April 22nd,
2012). The Penal Code provides for various offenses including procuring,
pandering of a minor, and sex tourism. A procurer can be punished with
imprisonment from 2 to 4 years and a fine of 50 to 500 times the monthly
minimum wage (Article 213), and imprisonment ranging from 14 to 25 years and a
fine of 67 to 750 times said salary in case of procuring a child (Article 213A
). As for sex tourism, under section 219 of the Code, one is liable to imprisonment
of 4 to 8 years when minors are involved[55]. Prostitution
is not protected by a standard; Senator Armando Benedetti announced that he
will present a bill to regulate prostitution in Colombia, particularly on
issues related to work, health, safeguards, dignity of work and rights (El Espectador, May 6th,
2012).
Internal
and external trafficking in persons for sexual exploitation
Most often, the legal prostitution in
Colombia conceals trafficking for sexual exploitation, even if women decide
voluntarily to prostitute themselves, with no other option to live. This is
particularly the case of Colombian migrants fleeing the violence of Colombia
(guerrilla threats) to neighboring countries like Peru or Ecuador, but also in
Chile and Argentina (Radio Miami,
June 20th, 2012). In Colombia, sexual exploitation represents 68.6%
of human trafficking according to the International Organization for Migration
(IOM). Trafficking in Colombia has two different realities, internal processes
and external trafficking. According to the 2013 U.S. Department of State Report
on Human Trafficking, the Colombian authorities have identified in 2012 128 new
cases of trafficking, most of them concerning Colombian victims of sexual
exploitation abroad. The sentences ranged from 6 to 10 years of imprisonment.
Internal Trafficking for sexual exploitation
Internal trafficking has increased by 140%, from 713
cases in 2008 to 1,708 in 2011. These are the known cases, the phenomenon
remains invisible elsewhere. Internal trafficking networks have stepped up
their actions against young boys and girls and adolescents (La Patria, July 1st, 2012).
These networks, too often perceived as exerting an industry like any other, do
not belong to organized crime and the international mafias. It is, ultimately,
small sex operators that attract young victims (El Pais, September 3rd, 2012). According to the IOM, the
places most affected by internal trafficking are Bogota, Cundinamarca, Putumayo,
Nario, Santander, and Sucre. 83.3% of victims are girls, while 16.7% of boys. According
to the Instituto Colombiano de Bienestar
Familiar (ICBF), two factors contribute to the sexual exploitation of
children: family factors (physical abuse, sexual abuse, family dysfunction,
family abandonment, economic pressure, parents involved in the sale of their
children) and sociocultural factors (school desertion, begging, armed conflict,
living in areas where prostitution is rampant) (El Colombiano, April 30th, 2012). The most effective way
to capture future victims, who often use drugs and alcohol, is lapping near secondary
schools, mostly in poor neighborhoods, where there are a lot of cafes to post
offers encouraging young people to work as a model or football player (El Tiempo, August 30th,
2012). Sex operators try to bond with the friends and family of the future
victim to exert threats, thereafter for refusing sexual intercourse or in case
of escape (El Pais, May 20th,
2012). The person taking the child, a neighbor or a single family friend for
example, may be part of a network or be a mere intermediary. He can get up to 1
million COP ($553 USD) for each victim from cities like Cali, Medellin and
Pereira. If the victim is in a rural area, the price is lower (El Pais, September 3rd,
2012). The police helplessly explain that the victims do not report their
attackers, or claim their attackers are their "husbands," even if the
disclosure may be made anonymously. Their silence makes the application of the
law very complicated. The year 2012 was nevertheless marked by the dismantling
of some sexual exploitation networks. The police succeeded in arresting 91
offenders involved in networks across the country (El Pais, November 20th, 2012).
External trafficking for sexual exploitation
External trafficking is so present in Colombia that a
popular television series "The
promesa" reveals the plight of thousands of people seeking to fulfill
their dreams: a quest that leads some of them to believe in the false promises
of someone they know or of strangers. According to INTERPOL calculations,
35,000 Colombians are victims of sex trafficking abroad each year (El Espectador, November 19th,
2012). Colombia was a country of origin for victims sent to developed
countries, such as Japan, Spain, Hong Kong, and Singapore. But since 2010, the
final destinations also include Latin American countries like Guatemala,
Argentina, Barbados, Trinidad and Tobago, Panama, and the Caribbean. All
strategies are good for attracting future victims who come to most of Pereira,
Bogota, Cali, Medellin, Antioquia, Risaralda and Valle del Cauca. A study by
the University of La Sabana in Bogota has identified three types of victims:
those who are deceived, who are told that they are going to take care of
children, for example, those who know they will enter into prostitution but do
not know the actual conditions of the practice, finally, those who are aware of
everything and do not care (El Universal,
April 28th, 2013). 70% of victims of external trafficking were
victims of a false job offer (El Pais,
September 3rd, 2012). The reality of a trafficking victim is that of
external debt. In order to send a Colombian to destinations where he/she
operates, especially in the Asian market such as Hong Kong, Singapore and
Japan, the network must pay $4,200 to $6,700 USD for transportation. Once
there, the victim must pay a debt to the mafia of $30,000 to $35,000 USD of
"debt," which would take two years to pay (El Universal, April 28th, 2013). Fighting against this
scourge is necessary. The IOM program to fight against human trafficking
responds in principle to all cases and supports victims across the country. The
group against Trafficking in Persons of the Ministry of Interior receives all
files and transmits them to the departmental committees (El Pais, September 3rd, 2012). However, the U.S. Department
of State doubts in its 2013 Report on Human Trafficking, the reality of some of
these committees, which exist only in name, and in particular due to a lack of funds.
Sex
tourism amid scandals
Many foreign tourists, mainly Italian and Spanish, make a
trip to the Atlantic, Cartagena, Barranquilla, Medellin or Bogota Capital Coast
to practice sex tourism involving children. In Cartagena, 1,500 boys and girls
were victims of sex tourism in 2012 (Stop
child sex tourism-Blog, January 29th, 2013). These victims can
be contacted on the internet, in popular brothels or places of independent
practice. Companies put foreign clients in contact with victims (El Universal, April 19th,
2012). Some "tour operators" create packages, where everything is
included (La Patria, April 22nd,
2012). Few statistics exist on the subject, as it is quite illegal activity (El Pas, April 22nd, 2012).
However, several cases have hit the headlines in 2012.
In April 2012, more than a dozen secret agents of U.S.
President Obama were suspended, after being implicated in a case of alleged
prostitution in Cartagena before the arrival of the president (Le Monde, April 15th, 2012).
"Such practices do not happen only once, if they have not already happened
before," said the President of the Commission on the monitoring of U.S.
government departments, Darrell Issa (Le
Monde, April 16th, 2012). This scandal has inspired publicists.
The U.S. airline Spirit Airlines has an ad campaign for flights to Colombia
with a poster depicting a secret agent in the foreground, behind him with four
women in swimsuits and the slogan "More bang for your buck". The
campaign was withdrawn following reactions of Colombian authorities, who
denounced incitement to sex tourism (Americas,
April 23rd, 2012).
A similar case took place a few months later. The
Ambassador of Honduras to Colombia was forced to resign after revelations of an
evening organized December 20th, 2012 by his bodyguard in the
offices of the embassy, with alcohol and prostitutes (Midi Libre, January 6th, 2013).
Sex tourism is a Colombian reality. However, according to
the 2013 U.S. Department of State Report on Human Trafficking, it is clear that
in 2012, there was no investigation, prosecution or conviction for sex tourism offenders.
The
role of NGOs
In August 2012, thanks to the work of Terre des Hommes Foundation in Colombia,
Cartagena court sentenced a trafficker to 9 years in prison for child
pornography and child sexual abuse. Terre
des Hommes organizes awareness seminars and training on the topic of sexual
exploitation of children in partnership with the NGO Aldeas Infantile and Herlinda Madre Foundation. These campaigns aim
to restore public confidence in state institutions, as the distrust of citizens
partly explains the low number of complaints filed related to the number of
victims. Fighting against this lack of trust contributes to the fight against
sexual exploitation.
Sources
- Alcools et
prostitues lAmbassade du Honduras en Colombie : lambassadeur
dmissionne , Midi Libre,
January 6th, 2013.
- Colombia,
segundo pas occidental con las peores cifras de trfico sexual , El Espectador, November 19th,
2012.
- Colombia: la
prostitucin tambin es un trabajo: Corte constitucional , Semana, October 6th, 2010.
- Colombie XXIe sicle : les fusils des
paramilitaires et des militaires aux trousses de la population , Les Amis du Monde diplomatique, June 8th,
2013.
- Colombie : Exploitation sexuelle – dfaut de
confiance pour ngligences , Terre
des Hommes, October 3rd, 2012.
- Con ley
pretenden reglamentar la prostitucin , Vanguardia, May 7th, 2012.
- De que se
encarga? , Ministerio del Interior
y de Justicia, June 28th, 2013.
- Desarticulan red dedicada a la prostitucin
infantil en Bogot , El Pais,
November 20th, 2012.
- Dramticos
testimonios de mujeres, vctimas de la trata de persona , El Pais, May 20th, 2012.
- EE.UU. Reconoce
a Colombia como uno de los pases con ms explotacin sexual , Semana, April 24th, 2012.
- En Colombie, les
femmes cibles privilgies des conflits arms , Le Monde, March 2nd, 2013.
- En la
prostitucin desde 11 anos , El
Colombiano, April 30th, 2012.
- Informe
exclusivo: as se mueven los tentculos de la trata de personas en
Colombia , El Pais, September 3rd,
2012.
- Inmoral, mas no
ilegal , El Espectador, May 6th,
2012.
- Las prostitutas
que vuelven locos a los extranjeros , El
Universal, April 19th, 2012.
- Le voyage
dObama en Colombie entach par un scandale de prostitution , Le Monde, April 15th, 2012.
- O a lieu le
tourisme sexuel ? , Stop au
tourisme sexuel-Blog, January 29th, 2013.
- Paso a paso por
la trata de personas en Colombia , El
Universal, April 28th, 2013.
- Prostitucin
colombiana en Chile , Radio Miami,
June 20th, 2012.
- Scandale de
prostitution : Obama revient en Colombie avec un bilan en
demi-teinte , Le Monde, April
16th, 2012.
- Spirit retire
une publicit incitant au tourisme sexuel , Americas (magazine du tourisme), April 23rd, 2012.
- Trata de
personas se ensaa contra los menores de edad , La Patria, July 1st, 2012.
- Turismo sexual,
problema sin cifras ni control , La
Patria, April 22nd, 2012.
- Victima de trata
de personas relata su drama , El
Tiempo, August 30th, 2012.
- Violencia sexual en contra de las mujeres
en el contexto del conflicto armado colombiano , Intermon Oxfam, September 14th, 2010.
- Turismo sexual, una
problemtica nacional , El Pais,
22 April 22nd, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Organizacin
internacional parla las migraciones (OIM), La
trata de personas – Hecho y Cifras - Ano 2002 a Enero 2013, 2013.
- Trujillo E V., Flores
C. E., Mendoza Simonds L. M., Trata de
personas en Colombia: una aproximacin a la magnitud y comprensin del problema,
Organizacin internacional par la las migraciones (IOM), Universidad de los
Andes, Primera edicin, Bogot, November 2011.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- Alcalda Mayor de Bogot D.C. - Bogota
Jurdica Digital : www.alcaldiabogota.gov.co
- Information on the popular television series (La Promesa) mentions human trafficking: http://www.unodc.org/unodc/fr/frontpage/2013/March/popular-tv-drama-delivers-human-trafficking-message-in-colombia.html.
- The French Ministry of Foreign Affairs – France Diplomatie : www.diplomatie.gouv.fr
|
Congo
|
- Population: 69.6 million
- GDP per capita (in US dollars): 272
- Presidential regime
- Human Development Index
(HDI): 0.304 (186th rank among 187 countries)
- Gender Inequality Index
(GII): 0.681 (143rd rank among 147 countries)
- Member of the African
Union since 1963.
- No official national
statistics on prostitution.
- Over a
hundred ethnic groups.
- Congolese legislation
prohibits forced prostitution as well as prostitution of minors (under the age
of 18).
- Country of origin,
destination, and possibly of transit for trade victims.
The Democratic
Republic of the Congo underwent three successive wars between 1996 and 2008,
which killed over five million people and displaced more then 2.5 million.
A
country ravaged by murderous conflicts and resulting instability
In April 2012,
the security situation in the east of the country deteriorated rapidly.
Hundreds of militiamen of the National Congress for the Defense of the People
(CNDP), who had been integrated in the national army, FARDC, revolted and
formed M23, an armed group supported by Rwanda. The name M23 comes from the
peace agreement signed on March 23, 2009 that, according to the militia, was
not respected. Bosco Ntaganda, who was accused of war crimes and crimes against
humanity in front of the International Criminal Court in 2006, notably directed
the group.
At the end of
November in 2012, the M23 group occupied Goma, in North Kivu, during 11 days.
Due to international pressure, the group left the area, provoking the
displacement of more than 130,000 people around Goma and the flight of 47,000
others toward South Kivu (UN News Center,
December 9th, 2012).
The
governments reallocation of troops in the fight against M23, in both North and
South Kivu, created a security vacuum in the zones without the FARDC. This
provoked an increased activity of other armed groups such as the Lords
Resistance Army (LRA) and the Democratic Liberation Forces of Rwanda (FDLR).
Due to the conflict, and additional 500,000 were displaced. The citizens of
these regions remain particularly threatened by kidnappings, forced enrolment
and forced work in the mines, and by sexual violence.
For this reason, despite the disputed reelection of President
Joseph Kabila in 2011, the east of the country remains scarred by conflict
between government forces and Congolese, Rwandan, and Ugandan rebel forces. In
the east, the government remains unable to fortify, legitimize, and reinstate
its authority.
A
state with worrying areas of sexual violence
According the
2013 U.S. Department of State Report on Human Trafficking, the Democratic
Republic of the Congo (DRC) is a source, transit point, and destination for
human trafficking with the purpose of forced prostitution.
The majority
of this traffic originates in the heart of the Congo. Those responsible are
situated in the east of the country (North Kivu, South Kivu, Oriental
Province). They are often members of armed groups and government forces, who
have escaped the control of the government. Those involved include the M23, the
FDLR, the Coalition of Congolese Resistance Patriots, numerous local defense
groups (Mai-Mai), the Patriotic Resistance Front in Ituri (FRPI), the Popular
Front for Justice in Congo (FPJC), Allied Democratic Forces, National Army for
the Liberation of Uganda, and the Lords Resistance Army. These groups continue
to kidnap and recruit men, women, and children by force to increase their ranks
and serve as sex slaves.
The Secretary
General of the United Nations, in his report on children and armed conflicts,
indicated that 80% of enrollments counted in the DRC in 2012 took place in the
provinces of North and South Kivu. 5,022 child victims of sexual violence
received the help and support of the United Nations.
He reported
numerous instances of gang rapes in 2012, confirmed by the report published by
the U.S. Department of State on Human Rights Practices in the DRC. More
precisely, on the 24th and 25th of June 2012, nearly 100
combatants suspected of membership to Mai-Mai Lumumba attacked the nature
reserve of Okapi in the Mambasa territory.
At least 51 women were raped and 22 used as sex slaves. At the end of
2012, 17 of these 22 women were estimated to still be in the hands of the
Mai-Mai, are sex slaves. An arrest warrant was launched against Moran, the
presumed leader of the Mai-Mai.
In June,
members of the Mai-Mai Simba group raped an additional 28 girls between the
ages of 10 and 17 in Epulu, a city in the Orientale Province.
Between
November 20th and 30th, government security forces
committed acts of violence in Minova and in the surrounding area, near Goma in
North Kivu. Following M23s capture of Goma, the group quickly fled the area.
126 cases of rapes were reported; two soldiers were arrested.
In the meantime,
no progress have been made in the trial of seven individuals accused of
organizing gang rapes of 303 children, women, and men, in 13 villages of
Waliakle, in North Kivu, between July and August 2010. The FDLR, Mai-Mai Cheka,
and FPLC reportedly committed these rapes collectively, alongside the
combatants directed by Colonel Emmnanuel Nsengiyumva. One of those arrested escaped from
prison in Goma, when the city was captured by M23 on November 20th,
2012. The seven accused are therefore still on the run.
Taking into
account the number of armed conflicts and military incidents, full statistics
on rape, and particularly rapes against men, are hard to collect. The director
of protection for the United Nations High Commissioner for Refugees (UNHCR) in
Ituri indicated that more than 1,500 cases of sexual violence were registered
in 2012 in the Orientale Province district (Radio
Okapi, March 23rd, 2013). During the first six months of 2012, Heal Africa, an NGO based in Goma,
counted 178 men and 2339 women, including 745 minors, among the survivors of
sexual violence in 14 clinics throughout North Kivu. The U.S. Department of
States Bureau of Democracy reported in 2013 that among 4,464 survivors of
sexual violence in 2011, 33% were children.
It is
appropriate to note that women who are raped encounter particular difficulties,
given that their spouses and communities frequently reject them for being
pregnant with the child of their aggressor. After the attack, they also
encounter medical issues, and are unable to receive proper treatment. They must
supply for their needs and the needs of their children, abandoned and without a
helping hand.
In addition to
these issues, young Congolese women are forced by criminal networks, gangs, or
brothel directors to become prostitutes in brothels, simple camps, around
markets, or around mines. Girls living on the street are especially vulnerable
to sex trafficking. In Kinshasa, Chinese and Congolese women are victims of prostitution
in massage parlors run by Chinese citizens. According to a report by the World
Bank in 2010, 26% of children living in the street were girls, of whom 9 out of
10 were involved in prostitution and 7 out of 10 were raped (U.S. Department of State, Bureau of
Democracy, 2013).
Congolese
women and children are also the victims of forced work and prostitution in
Angola, South Africa, East Africa, the Middle East, the DRC, and in Europe.
Women from Bas-Congo are also forced by their family to become prostitutes, and
sent to Angola where they become merchandise for sex commerce. Certain reports state
that young Congolese women from Bandundu and from Bas-Congo are attracted to
Angola by the promise of employment. Once they arrive, they are often trapped and
forced into prostitution or other lines of work.
Large
cities and rural commercial centers particularly affected by child prostitution
A memoire in
2012 by Blaise Masirika Irenge, which describes 61 child prostitutes working in
the Kavumu mall in South Kivu, reveals the proliferation of child prostitution
in large cities and rural commercial centers of the DRC. This phenomenon can be
explained by the successive wars, which affected the Republic, and kept the
population in a lengthened period of poverty. This poverty pushed many girls to
abandon their studies early, and to begin as prostitutes. In conflict zones,
notable in the east of the DRC, sexual violence is widespread. Violence and
insecurity provoke the displacement of habitants toward urban areas or
relatively safe rural commercial centers. Having abandoned their work and their
fields, those who flee their homes often find themselves with no means of
survival, and become involved in black market activities such as prostitution.
According to a study in 2011, the commercial center of Kavumu comprises around
40 brothels which house young girls, and more than 10 hotels or nightclubs in
which minors prostitutes. Their presence can be explained by the construction
of the Kavumu airport, the presence of the United Nations Organization
Stabilization Mission in the DR Congo (MONUSCO), the number of nightclubs, the
number of people displaced from local villages, and the existence of numerous
military camps.
In addition,
the author of this study revealed that superstitious beliefs attribute certain
benefits to having sexual relations with minors (presumed to be virgin, or
having had few sexual partners). These beliefs hold that sex with minors allows
one to avoid and cure HIV/AIDS, to gain personal success, to maintain virility,
and to prolong life.
The study
additionally reports that 59% of girls questioned prostitutes due to
difficulties of survival. 27% reported that they practiced the activity in
search of sexual pleasure. 94% had left their home village, most often for
reasons pertaining to insecurity. 77% did not live with their family, due to
their familys poverty. 29.8% lived without their family in order to gain
liberty, and 27.7% stated that their familial homes were a bad environment.
91.8% of all women had stopped their studies prematurely, mostly due to
familial poverty. Nearly one third sell their services to partners of all
professions, while 13.1% only sell their bodies to government workers. 59%
dont undergo medical examinations, but 59% use a condom. The older girls,
between the ages of 15 and 17, are twice as likely to use a condom than the
younger girls who are less than 15 years old.
Significant
legislation to punish prostitution
The DRC
maintain a significant legislative arsenal to punish forced prostitution and
child prostitution. To speak of precise legislation, the DRCs constitution,
adopted in 2006, obliges public powers to reduce violence against women
(article 14) and to eliminate sexual violence (article 15).
Law number
06/018 of July 20th, 2006, pertains to sexual violence, prohibiting inter alia, procuring, force
prostitution, sexual slavery, child prostitution, trafficking or exploitation
of children for sexual purposes. All of these activities are punishable by a
fine and by a prison sentence that ranges between 3 months and 20 years.
Law number
09/001of January 10th, 2009, pertains to the protection of children,
punishing procuring, sexual exploitation, sex slavery, and trafficking
involving children. Enrolling or using children in armed forces or as a police
force is also prohibited. All of
these acts are punishable by a prison sentence of 5 to 20 years. Despite the
text, this law has yet to be fully put in place, due to an absence of certain
decrees hitherto not adopted.
Two decrees,
numbers 09/38 and 09/37, of October 10th, 2009, put a national
agency to reduce violence against women, and a national foundation to promote
women and protect children, into place.
In addition,
the DRC joined the optional protocol of the convention for child rights on
November 11th, 2001. This protocol directly deals with the sale,
prostitution, and pornography of children.
Insufficient
prosecution on the national level
On October 4th,
2012, the Congolese government and the United Nations signed an action plan to
prevent and end the recruitment and exploitation of children, and to end sexual
violence committed against armed forces.
Even though
the government is cooperating with the identification and decommissioning of
child soldiers, the fact that the immense majority of those who violate human
rights remain unpunished is worrying. Out of 185 cases of rapes and forms of
sexual violence committed in 2012, attributable to government forces, only 40
offenders were arrested, and only 4 were sentenced (United Nations, 2013).
Even though
certain programs directly support the victims of sexual violence in urban areas
with medical services, the needs of the victims remain largely underserved.
NGOs continue to supply essential support to victims of sexual exploitation.
The inaccessibility of care remains more devastating in reclusive regions where
infrastructure is weak. Even though provincial and local authorities are
engaged and willing to help, they do not have the necessary resources to meet
the needs of victims of sexual violence.
Moreover, the
government lacks the procedures to proactively identify victims. Without
identifying the rapist, victims are unable to receive legal or financial
redemption. Even though victims can file a claim, they often do not. Tribunals
and courts are perceived as corrupt; many Congolese believe that the outcome of
a trial falls entirely in favor of the wealthiest party. Military courts are
often subjected to political and military interferences. Judges attempting to
investigate high-level officers of the FARDC, who were well connected
politically, were threatened. In the same way, witnesses who supply information
on officers also become the target of numerous threats. Other factors, such as
the costs of justice, the length of procedures, the distance between courts and
victims, fear of humiliation, and the possibility of retaliation, often
dissuade victims. It is often out of familial pressure that victims keep
silent; a case could well result in dishonor. A certain number of victims even
find themselves forced to marry their rapist or to abandon prosecution in
exchange for money or gifts.
Even when
victims successfully prosecute their rapist, many of them escape direct
sentencing, do not serve full prison terms, or avoid paying the victim legal
remuneration. With the authority of the judicial system and witnesses sapped,
the latter often turn to out of court settlements that rarely benefit them.
The absence of
independence and efficacy of the judicial system, which allows sexual violence
to persist, favors the impunity of rapists and those who physically abuse women
and children.
A
difficult and slow repression by international criminal justice
On April 19th,
2004, Joseph Kabila, the President of the DRC since 2001, sent a letter to the
International Criminal Court (ICC), reporting the situation in the whole of the
Republic since the 1st of July, 2004. He asked the court to
investigate the crimes relevant to the Courts jurisdiction, and committed in
the DRC since this date. President Kabila argued that the Congolese authorities
were not suited to investigate or to prosecute these crimes. The Rome Status of
the ICC notably reprimands war crimes and crimes against humanity such as rape,
sexual slavery, and forced prostitution. To date, the attorney general of the
ICC has accused numerous people in the DRC of rape, sexual slavery, but not for
forced prostitution.
Thomas
Lubanga, the former president of the Union of Congolese Patriot (UPC), and its
army the Patriotic Force for the liberation of the Congo (FPLC), was sentenced
in first instance on March 14th, 2012, for the enrollment and
conscription of children under the age of 15. He was condemned for having
forced them to participate in armed conflicts in Ituri between 2002 and 2003.
Throughout the process, witnesses declared that girl soldiers were the victims
of sexual violence and rape. Nevertheless, Th. Lubanga was not charged for
sexual violence. At the end of his trial, on July 10th, 2012, Th.
Lubanga was condemned to 14 years of imprisonment. His lawyers have called for
a retrial.
Bisco
Ntaganda, the presumed former Deputy Chief of the General Staff responsible for
military operations of the FPLC, received two arrest warrants from the ICC in
August 2006 and July 2012. He is suspected of having enrolled child soldiers,
sex slaves, and of committing numerous rapes between 2002 and 2003 in Ituri. In
April 2012, the Congolese government supported his arrest and national
prosecution. However, before his defection from the FARDC in April 2012, B.
Ntaganda was a Commander in the Congolese national army, and acted with
complete impunity. In March 2013, he turned himself in to the American Embassy,
without any intervention on behalf of the Congolese government. He was then
transferred to the ICC. The hearing to confirm charges against him should begin
February 10th, 2014.
Germain
Katanga, the presumed former commander of the FRPI, and Mathieu Ngudjolo, the
presumed formed director of the Nationalist and Integration Front, were accused
of organizing an attack against the village of Ituri in 2003, where children
were raped, enslaved, and used as child soldiers. The charges against them were
disconnected on November 21st, 2012, and M. Ngudjolo was acquitted
on December 18th, 2012, due to insufficient proof. G. Katanga awaits
his judgment.
Sylvestre
Mudacumura, the presume head commander of the FDLR, holds an arrest warrant
since July 13th, 2010. He is suspected to have committed at least
nine war crimes, including rape, in North and South Kivu, between January 2009
and September 2010. He remains on the run.
Callixte
Mbarushimana, the presumed executive secretary of the FDLR, was arrested in
2009 for having committed war crimes and crimes against humanity, including
rape, in Kivu. He was subsequently released. The Pre Trial Chamber I of the ICC
refused to confirm the charges against him, on December 16th, 2011,
due to insufficient evidence.
Sources
- Ituri: more than 1,500 cases of sexual violence recorded in 2012 Radio Okapi, March 27th, 2013.
- UN official stresses civilian protection on visit to areas
affected by DR Congo violence , UN
News Centre, December 9th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Masirika Irenge B., Zaluka Citwara G., Cizungu Mukengere C., Prostitution of Children and the Use of
Condoms in Kavumu, Universit libre des pays des grands lacs, Master 2012.
- U.S. Department of State, Bureau of Democracy, Human Rights and Labor,
2012 Country Report on Human Rights
Practices, 2013.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- United Nations, General Assembly Security Council, Children and armed conflict, Report on the
Secretary-General, Sixty-seventh
session, Agenda item 65, Promotion
and protection of the rights of children, A/67/845-S/2013/245, May 15th, 2013.
- United Nations, Rapport du Panel la Haut Commissaire aux Droits de l'Homme sur les
moyens de recours et de rparation pour les victimes de violences sexuelles en
Rpublique Dmocratique du Congo, March 2011.
- International Criminal Court, situation in the Democratic Republic of
Congo:
|
Croatia
|
- Population: 4.4 million
- GDP per capita (in US
dollars): 13,227
- Parliamentary regime
- Human development index
(HDI): 0.805 (47th rank among 187 countries)
- Gender inequality index
(GII): 0.179 (33rd rank among 147 countries)
- Member of the European
Union since 2013.
-
No official national statistics on prostitution.
- Prostitution is illegal.
Prostitutes and procurers are penalized under articles 114 and 115 of the Penal
Code.
- Country of origin,
transit, and destination for trade victims.
- Foreign victims in
Croatia are from Serbia, Bosnia-Herzegovina, and other Eastern European
countries.
- Croatian victims are
exploited on national territory and in other European countries.
On October 4, 2012,
the Minister of the Interior Ranko Ostojic (Social Democratic party) submitted
a draft amendment to the law on offenses relating to public order. This project
calls for the criminalization of sex clients. Fines from 4,000 to 10, 000 HRK (from
$720 to $1,802 USD) are provided, roughly double the average Croatian salary,
for both customers and the prostitutes. Today, only the prostitutes and procurers
are penalized. The penalty incurred by people is 800 HRK ($144 USD). The draft
amendment to the law also provides for penalizing the attempted purchase of
sexual services by a fine ranging from 1,000 to 5,000 HRK ($180 to $900 USD).
Prime Minister Zoran Milanovic was fairly skeptical about the possible
criminalization of clients, believing that such a legislative scheme was bold,
avant-garde and had to wonder why other very liberal European countries have
not yet adopted this model. The adoption of this law, if it ever takes place, would
be preceded by a lengthy debate on the best way to combat the phenomenon of
prostitution (Vecernji List, October
4th, 2012).
General
inventory of trafficking
Croatia is a
country of origin, transit, and destination for victims for human trafficking
for sexual exploitation. Women and girls are the victims of trafficking within
Croatia and other European countries. Young foreign female victims of sexual
exploitation in Croatian are from Serbia, Bosnia-Herzegovina, other Eastern
Europe and the US. The Adriatic coast is considered a hotbed of commercial
sexual exploitation, especially during the peak tourist season. All agencies,
both institutional and non-governmental, agree that the extent of trafficking
in Croatia is very likely underestimated.
An
adequate anti-trafficking device
Croatia is
part of the UN Convention against Transnational Organized Crime and it has
followed the protocols of the Convention of the Council of Europe for
combatting human trafficking since 2007. The new Croatian Penal Code, adopted
in October 2011 and enacted on January 1, 2013, separates the offenses of human
trafficking from that of slavery. This clear distinction between trafficking
and slavery, which so far was lacking in the Croatian legislation, is a major
step forward for Croatia, which is now in accordance with minimum international
standards on trafficking (European
Commission, 2013).
In February
2012, Croatia adopted a new plan of action to fight against human trafficking
for the period of 2012 through 2015. It is the fourth document of this nature
to be adopted by the Croatian government since 2002. One of the principal
objectives of the new plan is to reinforce the efforts that help victims. In
March 2012, a new national committee against human trafficking was created. Its
manager was appointed in November and the first meeting of the committee took
place in December 2012 (UNODC, 2012).
In their report published in 2011, the Group of Experts on Action against Trafficking in Human Beings (GRETA)
welcomed all measures adopted by the Croatian authorities and provided a solid
base to prevent and fight against trafficking in human beings.
Another piece
of evidence of the good work of Croatia: the country actively participates the
international cooperation in the fight against trafficking. Croatia
participates in most of the conventions of the Council of Europe by cooperating
in criminal matters. In addition, it recognizes several bilateral agreements
with other countries in the Balkans, such as the Cooperation Agreement and
surveillance of borders between states, signed by Croatia and
Bosnia-Herzegovina or the Agreement on police cooperation between Croatia and
Serbia (GRETA, 2011).
but
concrete results are expected
Despite all of
the previously cited positive elements, the few victims that were actually
identified by the Croatian authorities demonstrate the evident failure in the
implementation of these anti-trafficking devices. The number of victims
identified in 2012, according to the 2013 U.S. Department of State Report on
Human Trafficking, remains as low as in previous years with only nine victims
identified as trafficking for sexual exploitation, including three minors. The
Department of Organized Crime of the Ministry of Interior is the government
agency responsible for the identification of victims and the protocol for the
identification, assistance and protection of victims of human trafficking. To
overcome the procedural difficulties, GRETA has highlighted the need for better
coordination between the different actors, and the adoption of a proactive
approach on the part of authorities to more effectively identify victims. It
also noted that no studies on trafficking have been conducted since 2007; the
government has not yet measured the full extent of trafficking in the country.
Identifying major trends in trafficking in Croatia appears to be a necessary
step in establishing broad guidelines to effectively combat this phenomenon (GRETA, 2011).
Another major
problem resides in the judicial treatment of infractions. Very few traffickers
are actually sentenced for the trafficking crimes. In the 2013 U.S. Department
of State Report on Human Trafficking, in 2012, of 9 persons prosecuted, seven
were accused of transnational trafficking in women and only 2 of trafficking
for sexual exploitation, while in all cases, women were forced to prostitute
themselves physically. The traffickers were condemned to more severe prison
punishments than the year before: sentences of 9 months to 10 years of
imprisonment were imposed in 2012 against sentences from 1 to 9 months in 2011.
Despite this improvement, the European Commission considers that the level of
punishments is still weak compared to the amount of organized crime. The fact
that the sentences are not a sufficient deterrent against the crime also
undermines the effectiveness of anti-trafficking on Croatian territory. The
Croatian government has funded numerous training justice personnel and police
during 2012. However, the European Union urged Croatia to the increase their
efforts (European Commission, 2013).
Scandal
in the Zagreb Police
Beginning
December 2012, Mislava Merkas, criminal police inspector of Zagreb, was
arrested. Responsible for the repression of prostitution for six years, he was
suspected of procuring and disclosing information on raids with procurers.
According to some estimates, he pocketed $336,000 USD for his criminal
activities. His wife, also a police officer, was involved. In total, 12 people
have been suspected in this case that could turn if the facts are proven by one
of the greatest scandals of the Croatian police.
Following this
case, the national media was surprised that the actions of M. Merkas have not
been identified and/or reported earlier. One may wonder if the inspector would
not disclose information about other subjects (Vecernji List, December 8th, 2012).
The police
suspected of being "passed to the other side of the law" is not uncommon
in Croatia. In 2012, twenty police officers had been arrested for a wide
variety of offenses such as corruption, abuse of power and authority,
complicity in criminal acts, etc. (Vecernji
List, December 7th, 2012).
For ten years,
the Croatian government has initiated a process of reforms in the legal field.
Through these efforts, Croatia has managed to build a solid foundation in the fight
against human trafficking. Various foreign observers such as GRETA or the U.S. Department
of State did not fail to note. Croatia, however, must improve the
implementation of the various mechanisms provided in the texts. This
necessitates a proactive approach to better identify victims of trafficking
through better training authorities (court personnel and police) and a greater
awareness of the most vulnerable populations. In light of the scandal that
erupted in late 2012 the Zagreb police, it is clear that the fight against
corruption and organized crime go hand in hand with the fight against human
trafficking and procuring. If the bill calling for the criminalization of
sexual services clients is passed, there is good reason to believe that this
will reduce both procuring and trafficking for sexual exploitation.
Sources
- Committee of the Parties
to the Council of Europe Convention on Action against Trafficking in Human
Beings, Recommendation CP (2012)3 on the
implementation of the Council of Europe Convention on Action against
Trafficking in Human Beings by Croatia, adopted at the 7th meeting of the Committee
of the Parties, January 30th, 2012.
- CRIDES/Fondation Scelles, Revue de
lactualit internationale de la prostitution, 2012.
- European Commission,
Monitoring Report on Croatia's accession preparations , March 26th,
2013.
- European Commission, Communication from the Commission to the
European Parliament and the Council on the Main Findings of the Comprehensive
Monitoring Report on Croatias state of preparedness for EU membership,
COM(2012)601 final, Brussels, October 10th, 2012.
- GRETA (Group of Experts on Action against
Trafficking in Human Beings), Council of Europe, Report concerning the
implementation of the Council of Europe Convention on Action against Trafficking
in Human Beings by Croatia, First
evaluation round, GRETA(2011)20, Strasbourg, November 30th, 2011.
- Ivanka T., Kaznezaprostituciju:
Iuličarka
i klijentplatitće 4000 – 10.000 kuna , Vecernji List, October 4th, 2012.
- Jakelić I., Makroimašestgodinajavljaozaracijeiza to
dobio 252.000 , Vecernji List,
December 8th, 2012.
- Jakelić I., Policajac bio načeluskupinekojupovezuju s
prostitucijom , , Vecernji List,
December 7th, 2012.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- United Nations Office on Drugs and Crime (UNODC), Global report on trafficking in persons, Country Profiles, Europe and
Central Asia, 2012.
- United Nations
Treaty Collection: http://treaties.un.org/
|
Cuba
|
- Population:
11.2 million
- GDP per
capita (in US dollars): unknown in 2012 yet – 5,383 (2008)
- Socialist government
with a single party
- Human
development index (HDI : 0.780 (59th rank among187 countries)
- Gender
inequality index (GII): 0.356 (63rd rank among147 countries)
- No official national
statistics on prostitution.
- This is an
underestimate of the reality of the situation. In 2010, Amir Valle estimated
20,000 jineteras (occasional prostitutes) and 40,000 gay prostitutes in La
Havana.
-
Prostitution and procuring have been forbidden in Cuba since 1959. The law of
1998 reinforced the repression of prostitution and procuring by making these
actions punishable by imprisonment.
- In 2012, President Castro called out to the public for the
reinforcement of the fight against sex tourism and prostitution.
- Country of origin, transit and destination for human trafficking.
In spite of the economical problems caused by the end of the soviet
regime and the breaking away from Moscow circa 1992, Cuba remains the richest
island in the Caribbean.
Following the 1959 Revolution and despite the restrictions on freedom,
the country experienced an economic growth and a better quality of life due to
improvements in health and education services.
According to the report
from the Economic
Commission for Latin America and the Caribbean (ECLAC), Cuba is leader of the whole Caribbean and Central America area,
concerning the prevention and risk management policy. Cuban physicians are sent
to help in Haiti, and the Cuban government is thoroughly involved setting a
sustainable development policy, protecting the natural resources of the country
and is investing in social development more than anywhere else in the area. Yet
more than 10% of the population live below the poverty line.
Food shortage (rice, coffee, sugar, oil and so on) drive all social
classes to keep several jobs and use any possible means-including illegal ones
to negotiate privileges, services, preferential treatment or simply daily
products. Crime against property and people is worsening in the country.
Prostitution is becoming more commonplace than ever, and nowadays Cuba is a
source country for human trafficking towards other countries- Mexico, North
America and South Europe.
Yet at first the Revolutionary regime worked hard at eradicating prostitution.
In order to promote womens rights equal to mens, Fidel Castro committed
himself to fighting prostitution, which he considered a social but curable
disease; hence between 1959 and 1998 the government engaged a number of
determining actions. Nowadays, these measures are more often ignored or
forgotten, but they deserve to be known if only for the methods which they
resulted in, whatever their costs to the government may have been.
Castros
experimentations in eradicating prostitution[56]
Looking back up the Cubas History
Under Batistas Presidency and during the prohibition time in USA, Cuba
was an escape hatch to the Americans, while maffiosi nets dealt with alcohol,
drugs and prostitution. This explains the choices of the Revolutionary in the
field of prostitution: to fight corruption, and eradicate mans exploitation
in Cuba, prostitution symbolizing sex inequality and male domination.
Until 1998, the government preferred to persuade, care and educate and the
program went as far as taking charge of the children and the families of the
women volunteering to reconvert. Women who continued to engage in
prostitution clandestinely were subject to terms of re-education camps, but
more stringent operating on the same model, family care and financing less. In
the end, educated (mostly illiterate) formally, employed and relocated
(elsewhere) with their families, women were expected to become models of
"activists of the revolution." From 1962, training and counseling of
women were assigned to an association, the Federacion de las Mujeres Cubanas
(FMC), an offshoot of the Ministry of Interior (MINIT).
Note that the same
proposal was made to the procurers, the majority chose exile or underground.
Efforts, failures, and repression
In 1998, FMC listed 100,000 women prostitutes for the whole island.
However, in 1992 while the country was facing an economic disaster,
Fidel Castro asked Cuban people to fight, imagine and solve and thats how the old excesses reappeared: prostitution,
corruption and all kinds of traffics.
The hectic rush for survival opened widely to jineterismo (occasional
prostitution in return for some facilities or advantages) and to titillerismo
(young girls being laid astray by socially high ranked men in exchange for
plush accommodations among other privileges).
The 1998 law against
prostitution became more repressive going so far as imprisonment.
What other choices?
In 2002, opening the country to mass tourism brought back dollars, mass procuring
and maffia networks, which took hold of hotel chains, sea resorts, leisure
centers and illegal products. The image of the beautiful, perfect Mulatto
woman, who would induce erotic fantasies, which at first was just an image to
attract tourists and that President Castro added on to advertisements to
attract attention of tourists, turned into a call for leisure complexes,
beaches and bars. Neither the country nor its people got any wealthier for it,
yet it benefited to dealers and traffickers of all types, who definitely
enriched themselves.
What
remains of this period?
In 2012, the situation is worse than ever. Miserable women are attracted
by the image reflected in glossy magazines, of jineteras as luxury
products consumers, which in fact conceals the violent, harsh reality, such as
abduction of young women and children from country or urban destitute
districts. Meanwhile, the same mass medias show the dashingly well off young
men living off the money earned from prostituting these young girls.
Prostitution is prohibited by law, "home from home" was
developed to avoid checks and retain customers. This is "B & B"
where customers find the person of their choice, thereby establishing links
with families.
The friendliness and
hospitality that made the reputation of the country, is tainted by dishonesty
and violence which raise suspicion and concern among ordinary travellers.
Forums on the Internet are increasing and allowing us to understand the other
aspect: under the guise of trying to compare the qualities of different
resorts, reporters were open to gather information on prostitution. Similarly,
after reporting on prostitution, some have video clips of the punishment for
prostitutes.
An attempt to open up analysis and actions
In 2012, three millions visitors from North America and Southern Europe
brought more than 3 billions dollars to Cuban tourism. Cuba could soon catch up
with the Dominican Republic as first destination country for tourism. Yet,
Public Treasury and Welfare hardly benefit from such a profitable income, as
most of it controlled by the mafia networks running the facilities and dealing
with prostitution activities, such as providing drugs, alcohol or luxury
products.
The 2012 and the 2013 U.S. Department of State reports on human trafficking
indicate the absence of state policy to fight prostitution and human
trafficking, to protect children, and to engage legal proceedings against procurers
or sexual abusers compared to the high number of complaints.
However, things seem to be moving. It should be recalled that in 1995,
Cuba has acceded to the Stockholm Action Plan against prostitution.
Always in the interests of equality, the FMC and the Cuban National
Center for Sex Education (CENESEX) were created. Vilma Espin, a founder and
director of the FMC is a radical, committed feminist and who enjoys listening
to the government. Mariela Castro, a sexologist, psychologist and director of
CENESEX is the daughter of the current President. In a joint effort, the two
organizations have proposed measures to reduce all advertisements of a sexual
nature, raise educational programs for women prostitutes, take actions to
quickly decrease sex tourism and implement educational programs for men who
consider it "normal" to prostitute their companion (Greenleft
Weekly, October 21st, 2012). Shortly thereafter, President Raul Castro admitted
the excesses of mass tourism.
The 2013 U.S. Department of State Report on
Human Trafficking highlights the growing importance of children and young
people being sex-trafficked, and of all type of traffics taking place in the
country in view of new markets. It underlines how difficult it is to get
information from NGOs as well as from the official services and; one must note
the control exerted by the government. Cuba did not sign the 2000 UN Protocol against
Human Trafficking.
Fighting prostitution is a long term job, moreover when dealing with
human trafficking on an international level. It demands important efforts from
all concerned, mainly politicians and NGOs, to reach a point of assessment and
report results.
Sources
- Cacho L., Trafic de femmes.
Enqute sur l'esclavage sexuel dans le monde, Nouveau Monde Ed., 2011.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Gay-Sylvestre D., Prostitution Cuba (1959-2011) , Dire, n.3, December 20th,
2012.
- Holloway M., Cuba to address sex trafficking
prostitution , Greenleft Weekly,
October 20th, 2012.
- Sauveur P.-E., Hati,
la Rpublique dominicaine et Cuba : Etat conomique et socit,
LHarmattan Ed., 2011.
- U.S. Department of State, Trafficking
in Persons Report, June 2012.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- Valle A., La Havane-
Babylone- La prostitution Cuba, Mtailli Ed., 2010.
- The
French Ministry of Foreign Affairs, France Diplomatie: www.diplomatie.gouv.fr
|
Cyprus
|
- Population: 1.1 million
- GDP per capita (in US dollars): 26,315
- Presidential regime
- Human Development Index (HDI): 0.848 (31st rank among 187
countries)
- Gender Inequality index (GII): 0,134 (22nd rank among 147
countries)
- Member of the Union European since 2004.
- No official national
statistics on prostitution.
- Prostitution is legal.
Procuring and brothels are illegal.
- Law 87(I), adopted in
2007; this law aims to fight against human trafficking and help protect the
victims.
- Prostitution takes place
in bars, nightclubs, private apartments, spas, and massage parlors.
- Country of transit and
destination. Transnational trafficking of adults for sexual exploitation is the
most widespread trading form.
- All victims identified
throughout the last years are of foreign nationality (Greece, Romania,
Bulgaria, and to a lesser extent, Latvia, Lithuania and the Czech Republic).
- The majority of
trafficking victims are women, who are trafficked for the purpose of sexual
exploitation.
At the crossroads of Europe, Africa, and Asia, Cyprus is
a transit point and destination for human trafficking. Often singled out by
international organizations for its unfortunate reputation, the efforts of the
national authorities to curb the problem are highly cited. Cyprus, known as
Aphrodites island, has changed its image. Monumental advancements have been
made, with legislative evolution, activist groups, a special police force, and
housing for female trafficking victims. Nevertheless, the progress that has
been made should not deter the country from dealing with the current reality. A
few individuals who organize prostitution in their apartments have been
arrested, yet nightclub directors remain largely unprosecuted. These venues,
which make up the Cypriot landscape, are the first to recruit young foreign
girls who end up prostitution activity. Closing brothels is mandated by the Penal
Code, but the reality of the situation requires a clearer definition of the
term.
The
consequences of the Rantsev v. Cyprus and Russia
Oxana Rantseva, a 20-year-old Russian woman, who arrived
in Cyprus on an artists visa to give performances in a cabaret fled the
country three days after her arrival. The director of the establishment found
her, and brought her to the police in order to reveal the irregularity of her
stay. The Cypriot police found no legal infraction in her case, and allowed the
director to leave with the girl. The following night, the young girl died after
falling from the 6th floor of an apartment that belonged to one of
the cabarets employees. The penal case, which opened in Cyprus, failed to
establish criminal responsibility for the girls death (ECHR, 2010).
In January 2010, the European Court of Human Rights
condemned the Cypriot state for the ineffective investigation into the death of
a possible human trafficking victim, and for failing to put in place a legal
and administrative system to fight against trafficking. The Council of Europes
Committee of Ministers, which keeps watch on the application of international
laws, must now ensure that the state takes the necessary measures to conform to
the courts legal requirements.[57]
With regard to the investigation of Oxana Rantsevas
death, the Cypriot Attorney General has not yet indicated the best legal timing
for prosecution. For this reason, Cyprus remains under the Committee of Ministers
surveillance, and must keep the Committee up to date on the case.
With what concerns the obligations beyond the facts of
the case, the Committee stated, during its reunion in 2012, that the action
plan presented by Cyprus was sufficient. It considers the Cyprus state to have,
taken the necessary measures to prevent human trafficking and guarantee
judicial prosecution of human trafficking cases. Generally, the Committee only
carries out an in abstracto
examination of adopted legal measures. If legislation is not correctly applied
once written in ink, the European Court may still charge Cyprus.
To deal with artist visas, the Cyprus state heavily
reduced their distribution in order to further comply with legislative
standards. Whether or not these new distribution procedures will help improve
the countrys system of prostitution has yet to be seen. From here on out, all
foreigners who enter Cyprus on an artist visa must show certain criteria to
demonstrate their artistic competence. It remains difficult, however, to
regulate this process effectively. Young women, who are hoping to enter the
country under the pretext of being an artist, can simply demonstrate their
ability to dance. Once granted their visas, these girls are often
insufficiently aware of the risks of being victimized by human trafficking.
Rare
condemnations do not sufficiently account for the dimension of human
trafficking
In January 2012, the press reported that a man and woman
of Greek nationality were arrested in Larnaca for running a brothel. In May,
the police arrested two Vietnamese women and one Slovakian man under the same
charges. In September, in Limassol, four young women around the age of 20 and
one 45-year-old man were arrested and detained. According to the Cypriot Penal
Code, for reasons of public order and morality[58],
brothels (article 156) and procuring (article 157) are prohibited.
Along with these restrictions from the Penal Code, the
government adopted the 87(I) law of 2007, which handles the prohibition of
human trafficking and the protection of victims. After the ratification of
numerous international texts, the Cypriot state passed this law in order to
bring their legislation in line with international standards. According to the
law, those who are charged with human trafficking may serve up to 15 years in
prison (article 5), or up to 20 if they traffic children (article 6). This law
also established punishment for the sexual exploitation of adults (up to 10
years of imprisonment) and of children (up to 20 years of imprisonment). Child
pornography is also punishable (GRETA, 2011).
Rita Superman, the head of The police force for the
prevention and fight against human trafficking counts 33 cases in 2012 which
have been the object of investigation. Among these cases, only 5 are based on
infractions against the law of 2007, for human trafficking or sexual
exploitation. It is therefore clear that the accusations are mostly based on
lenient and inappropriate provisions from the Penal Code. The law of 2007, of
which the Cypriot state is proud, appears to serve as little more than a
looking glass. In practice, the magnitude of human trafficking and sexual
exploitation are not sufficiently taken into account. To this date, sentencing
for these crimes remains rare.
NGOs
associated with the action of public powers
The law 87(I) of 2007 set the foundation for the creation
of the Multidisciplinary Coordinating Group (MCG) to fight against human
trafficking. Presided by the Minister of the Interior, the group aims to
identify and solve national issues. Its first plan of action was adopted to
cover 2010-2012, and further elaborated the work to be done between 2013 and
2015. Given that it follows through directly on these plans, the group plays a
major role in the fight against prostitution (European Migration Network, 2012).
On December 22nd, 2010, the MCG proposed an
amendment to the law of 2007 in order to raise the number of its NGO members.
This proposition, recently approved by parliament, took effect on March 9th,
2012. Today, two additional organizations work on the elaboration and
monitoring of the action plan. The associations Action for Equality Support Anti Racism (KISA) and Cyprus Stop Trafficking are working
alongside the Organization for Protecting
Victims of Sexual Abuse and Exploitation (STIGMA) and Mediterranean Institute of Gender Studies (MIGS).
Progress
must be made on the identification and protection of victims
The Cypriot government has made numerous efforts,
including weekly seminars organized in May 2012, to educate judges, social
workers, and local authorities on the issue of human trafficking. The MCG
planned the implementation of new education programs for public officers in
2013, in order to make their education more systematic. The results generated
from this education program, with regard to human trafficking, will clearly
signal the governments success or failure.
According the 2011 report conducted by the Group of
Experts on Action against Trafficking in Human Beings (GRETA), more must be
done on this front. The definition of a trafficking victim outlined in the
law 87(I) of 2007, does not allow identification or an effective protection of
potential victims. According to the text, the person who demonstrates that
he/she has experienced damage or a financial loss caused by a trafficking
infraction is a victim of human trafficking. Though the Cypriot government
claims that this criterion is not used in practice, GRETA insists on the
necessity of legislative revision. To this day, no modification has been made.
In addition to this legislative difficulty, multiple
factors obstruct the identification of victims. During a conference on
prostitution and violence against women, organized by the European Women's
Lobby (EWL) and the office of the European Parliament, R. Superman stated that
prostitutes do not have confidence in the police (MIGS, November 13th, 2012). For
this reason, prostitutes refuse to cooperate out of fear that they will be
extradited or pushed back into the hands of their procurer. As a direct result,
police authorities are often unable to receive sufficient evidence or
testimonies to conduct proper legal cases.
Toward better media
accountability
On May 7th, 2012 eleven Cypriot NGOs lodged a
complaint against Time Out magazine,
for advertising cabarets and escort agencies. According to the organizations,
these advertisements promote the sex industry and normalize sexual exploitation
(MIGS, July 25th, 2012).
Though the magazine argued that it had no intention of
endorsing illegal activities, the national commission in charge of examining
media-related accusations, found the defendant guilty and condemned the
advertisement. According to the commission, it is known that the girls who work
in these Cypriot establishments are mostly victims of human trafficking. For
this reason, the magazine knew or should have known that such an advertisement
was against the journalistic Codes of Ethics.
This decision, which reminded the media of their
obligation to promote human rights and fundamental freedoms for all, was
warmly welcomed by local organizations. These organizations, in turn, called on
the directors of the magazine to teach their readers the reality of cabarets,
instead of encouraging them to buy sexual services.
On a visit to Cyprus in April 2012, Myria Vassiliadou,
European Union (EU) coordinator for the fight against human trafficking,
underlined the importance of taking measures to reduce consumer demand (MIGS, April 7th, 2012). Within the measures meant to accomplish this goal, organizations must
target the content published by media agencies.
One third of Cypriot
children are exposed to Internet dangers
The law 87(I) of 2007 takes the specificity of minors
into account, and outlines more severe punishments for child prostitution.
Sexual exploitation of a child under the age of 18 carries a sentence up to 20
years of imprisonment. Recruiting or using children in order to produce
pornography is punishable by a heavy fine and/or by a prison sentence up to 10
years.
Though Cyprus was among the first nations to ratify the Council of Europe Convention on Action against
Trafficking in Human Beings in 2008, the country has
yet to ratify the Council of Europe
Convention on the Protection of Children against Sexual Exploitation and Sexual
Abuse (Lanzarote Convention), proposed in 2010 and ratified by 27 of 47
member states. According to article 23, all states agreeing to the convention
must take necessary legislative or other measures to criminalize the
intentional proposal, through information and communication technologies, of an
adult to meet a child who has not reached the age [of maturity] for the purpose
of committing any of the offences established against him or her, where this
proposal has been followed by material acts leading to such a meeting. Today,
more than 30% of Cypriot children read blogs or use social media regularly, whereas
the European average is 23% (UNCRC Policy
centre, 2013).
In 2010, a 38-year-old Greek man was bound by
friendship to a young 11 year-old-girl through social networks. After
proposing a meeting between the two, the man sexually abused the girl in
question. He was consequently sentenced for rape, corruption of a minor under
13, and for sexual exploitation of a minor. This case was the first of its kind
handled by the Cypriot police. The objective of penalizing grooming (as
outlined in article 23 of the Lanzarote Convention above) is to prevent this
type of abuse by calling in the adult and punishing him/her before the
committal of the act.
In 2012, four Cypriot, Greek, Italian, and Portuguese
NGOs developed a partnership (named IMPACT) to prevent human trafficking and
protect child victims of sexual exploitation. Financed by the European
Commission, these organizations must explain the application of separate
international conventions in their own countries, while identifying legal and
practical strategies that could strengthen the fight against child prostitution.
A critical situation in the
Northern Cyprus
The authorities from the southern island have no control
over the northern territory, in which the situation continues to worsen. With
prostitution at a low price, sex tourism is expanding rapidly, while authorities
are adding to the demand rather than fighting against it. Army soldiers
represent an important part of the clientele and regulation is almost
inexistent. Its a true land without laws, in which prostitutes come from Belarus,
Uzbekistan, Kirgizstan, Kazakhstan, Ukraine, Moldova, and Japan. Due to the economic crisis affecting the
southern section of the island, where the cost of sexual services has been cut
in half, many prostitutes are trying to move back into Northern Cyprus (North Cyprus Daily, May 16th,
2013).
Though the situation continues to worsen in the northern
section of the island, southern authorities are making progress. Nevertheless,
the efforts made before and during the Cypriot presidency of the Council of the
European Union (July to December 2012) must be followed by additional action.
The progress left on the front of human trafficking and sexual exploitation
must be accomplished in the long term, in order to bring concrete success
through abolition.
Sources
- Cyprus Media complaints Commission decides Time out magazine
violated journalists code of ethics , Mediterranean
Institute of Gender Studies (MIGS), July 25th,2012.
- Cyprus Womens Lobby organizes conference on prostitution and
violence against women , Mediterranean
Institute of Gender Studies (MIGS), November 13th, 2012.
- Press briefing with Myria Vassiliadou, EU Anti-Trafficking
Coordinator , Mediterranean
Institute of Gender Studies (MIGS), April 7th, 2012.
- Prostitutes
caught while illegally crossing Lokmaci crossing from South Cyprus to
North , North Cyprus Daily, May
16th, 2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- European Court of Human Rights (ECHR), Case of Rantsev v. Cyprus and Russia, Application no. 25965/04,
First Section, Strasbourg, January 7th, 2010.
- European Migration Network (ENM), Annual
policy report 2012 on migration and asylum policy in Cyprus, April 2013.
- European Migration Network, Annual
policy report – Cyprus 2011, 2012.
- GRETA (Group of Experts on Action against Trafficking in Human
Beings), Council of Europe, Report concerning the implementation of the
Council of Europe Convention on Action against Trafficking in Human Beings by
Cyprus, First
evaluation round, GRETA (2011) 8, Strasbourg, September 12th, 2011.
- Hope for Children-UNCRC Policy centre, Online grooming of Children, Experiences to be used in Cyprus,
January 2013.
- Parlement europen, The policy
on gender equality in Cyprus, 2012.
- Rutai Z. (Dr), Online grooming
of Children, Experiences to be used in Cyprus, Hope for Children, UNCRC
Policy centre, 2013.
- U.S Department of State, Trafficking
in Persons Report, June 2013.
- European Commission, Fight against
Human trafficking website, Cyprus file: http://ec.europa.eu/anti-trafficking/NIP/Cyprus
- Project Improving
& monitoring protection systems against child trafficking and exploitation
(IMPACT) :
|
Czech
Republic
|
- Population: 10.6 million
- GDP per capita (in US dollars): 18,608
- Bicameral Parliamentarian regime
- Human development index
(HDI): 0.873 (28th rank among 187 countries)
- Gender inequality index (GII): 0.122 (20th
rank among 147 countries)
- Member of the European Union since 2004.
- No official national
statistics on prostitution.
- The country does not
prohibit prostitution, only its organized activities, such as procuring, and
prostitution networks. Opening brothels is authorized.
- Multiplication of
brothels in the capital and neighboring German or Austrian regions.
- Development of male
prostitution of minors, the victims often belong to the Roma community.
- Country of origin,
transit and destination for human trafficking with the purpose of prostitution.
The Czech
Republic is considered a country of origin, transit and destination as far as
forced prostitution is concerned. The opening of the Czechoslovakian borders in
1989 and the abolition of the communist law that prohibited prostitution in
1990 have allowed the prostitution system to develop such as it is known today.
The number of prostitutes has increased significantly, in particular in Prague
and the border regions with Germany and Austria (ECPG, 2010). The Czech Republic has become in a few years a
destination renowned for commercial sexual activities such as prostitution and
pornography. The country does not prohibit prostitution, only the activities
that organize it: procuring, prostitution networks and, a few years beforehand,
brothels. Considering that prostitution cannot be an evaded phenomenon because
of the high number of prostitutes in the country, and the increase in sex
tourism, some people have planned to regulate prostitution.
From the opening of brothels
to the bill of legalization
A few years
ago, the Czech Republic authorized the opening of brothels, the number of which
kept increasing in the capital and the border regions with Germany and Austria.
In 2012, a brothel opened in Place Wenceslas, which aroused the indignation of
the people of Prague (Czech Position, May
3rd, 2012). This brothel was visualized according to the Dutch
model, with half-naked women dancing behind red-lit shop-windows, a typical
feature of Dutch brothels. The government unsuccessfully attempted to close
this brothel several times. As they were visiting the establishment, the local
authorities realized it had not received the authorization from the Planning
Office to open to the public (Czech Position,
May 24th, 2012). The Prague Municipal Council, therefore
proceeded to close it in May 2012.
The population
seems to have been troubled by the possibility of exploiting brothels to the
extent that they close as soon as they open. In June 2012, a Czech photographer,
Hana Jarklova, exhibited in London the photographs of a brothel called Big Sister which had been closed in
2010. Sexual services were free in this venue as long as the clients agreed to
have the scenes filmed and broadcasted on a website with paid access (Wired, June 14th, 2012). This
example demonstrates the delicate border between pornography and prostitution.
These events
have re-launched the debate on the regulation of prostitution. Since 1993, five
unsuccessful attempts have been conducted by politicians. The point was to
fully consider prostitution as an economic activity, to establish a regular
health check for prostitutes, and to also tax their income. None of the
presented bills were received positively by Parliament, except for the one
concerning the city of Prague[59] in autumn
2012. Its aim was to prohibit prostitution in the street and public spaces (Czech Position, May 24th,
2012).
A national
bill to make prostitution legal has recently been presented. What will become
of this proposition is not clear. However a certain number of international
organizations have asked the Czech Republic to consider regulating
prostitution, instead of extending the ramifications of organized crime.
The development of the
prostitution of male minors
In general, it
is rather difficult, to obtain relevant information on the prostitution of
minors given the underground nature of the activity even though it is an
offense since 2002. Child prostitution in the Czech Republic has decreased
according to the NGO End child prostitution, child pornography and
trafficking of children for sexual purposes (ECPAT) thanks to the enhanced
protection measures. In Prague, however, the situation has practically not
changed, particularly in train stations. The number of young boys prostitutes
is increasing significantly, particularly among those belonging to the Roma
community; some families of this origin sometimes sell one of their children
for 5,000 CZK ($248 USD) so as to pay off a debt. These children are twice as
likely to be sexually exploited, because of their age and their socio-ethnical
background. Honza who works as a prostitute in train stations, began to do so
when he was 15 (Romea, April 28th,
2012). He is now 21 years old and explains that the prostitution of male minors
is linked to an eventual dependency on drugs, which is confirmed by the 2010
ECPAT Report. Many teenagers enter prostitution or pornography in order to
finance their addictions. Traffickers then take advantage of their situation to
integrate them into their networks.
The
prostitution of minors is also practiced in more secluded places such as
apartments and hidden shops. Pedophiles are all the more discreet as the
incurred penalty for soliciting paid sexual services from a minor ranges from 5
to 12 years of imprisonment (ECPAT, 2006).
In December 2012, a documentary was filmed about pedophilia and child
prostitution in the Czech Republic. The journalists infiltrated the city of
Cheb as if they were German tourists. They were offered nine year old girls for
180 ($245 USD) (BBC Radio 4, May 6th,
2011). Others claim to have seen procurers supply babies in exchange for
money to clients who were waiting in their car.
Child
prostitution is problematic, especially in border regions because it is very
easy for German or Austrian clients to cross borders in search of paid sexual
relations with minors. The Czech Vice Squad insists that prices are relatively
high for minors under the age of 15. The purchase of children can amount up to
20,000 ($27,272 USD) (ECPAT, 2004).
Child prostitutes are also used for pornographic pictures or videos. A certain
number of transnational networks of child pornography have been spotted in the
last few years, which reveals a significant increase of the demand for
pedopornographic pictures and videos (ECPAT,
2010).
As a
consequence, it must be admitted that the measures to fight against human
sexual exploitation are too general and do not take into account the
specificity of the minor and his or her exploitation. These measures should be
more adjusted to their target. Public awareness is the priority, especially at
schools, because school-children are the main targets.
Border prostitution: a
sector in crisis
The
prostitution phenomenon has been increasing significantly since the 90s on the
German-Czech border, fueled by the developing tourism. The gap between the two
countries standards of living, as well as the lack of regulation in the Czech
Republic have led to such an explosion of border prostitution that it is
commonly called the Brothel belt
(ECPAT, 2004). The border here is
the institution that allows some sort of sex commerce at the borders of the
Czech Republic, as a result of the juxtaposition of low salaries and few
opportunities for the low-skilled workers on one side of the border with
potential clients who are easily available and comparatively well-off on the
other side (Revue Franaise de
Sociologie, April 1st, 2007). One of the solutions to fight
against this phenomenon was to establish a cooperation between police forces of
the concerned countries. Unfortunately it remains very limited.
Nevertheless,
border prostitution has changed because of the financial crisis. The
prostitution venues along the border are disappearing as there are fewer and
fewer clients and the prostitutes of Romanian and Bulgarian origins are sent
where the economy is thriving, because of the enlargement of the EU (Press Europ, July, 21 2009). According
to the director of the NGO Bliss without Risk, prostitution moved in
2012, it left brothels and moved into residential apartments so as to recover
Czech clients. (Czech position, April
24th, 2012).
Limited beginning of the
penalization of the prostitutions client
In 2012, the
city of Chomutov, which was facing many problems with street prostitution, took
a by-law requiring authorities to fine anyone who is seen soliciting sexual
services from a prostitute (The Czech
Daily Word, January 2nd, 2012). It was a first for the country.
However, it is suitable to insist on the limited scope of this progress as only
the city of Chomutov undertook this step. This by-law was adopted as a more
prohibitive approach of prostitution with the purpose of keeping the order than
to protect the victims of prostitution.
The attempts
at prohibiting prostitution are not isolated and the city of Chomutov has
already taken some measures in the past to decrease the demand and, a fortiori, the supply of prostitution. In
2010, a citizen started to put up posters on the highways showing a girl in a
short dress and a skull. A caption written in Czech and German read: I offer syphilis, gonorrhea, AIDS (Caf Babel, June 3rd, 2010).
The aim was to slow down clients urge. Other posters on the highway warned
about crimes relating to prostitution. Although the process is straight
forward, it is also very stigmatizing for prostitutes. It is worth asking about
the extent of these poster campaigns launched by private initiative. It would
have been more positive to insist on the protection and support of prostitutes,
especially because the police are instructed to question all of these people
for disturbing public order.
In 2008, the
local police decided to show, on a created website, the photos of drivers as
they were soliciting a prostitutes services near the highway (The Czech Daily World, January 2nd,
2012). This initiative was ineffective because the pictures did not allow for
the immediate identification of the clients.
Incrimination of human
traffickers and protection of victims
The provisions
relating to the offense of human trafficking have been amended several times in
order to comply with the international commitments of the Czech Republic,
including the Palermo Convention of 2000. The first draft, dated 2001, only
took into account international trade. The victims had to be transported across
border in order for the trafficker to be charged with human trafficking (EWLA, 2001). Article 232a was modified
once more in 2004 when the foreign element was suppressed. Only trade with the
purpose of benefits from paid sexual relations was mentioned, but this article
does not respect the international definition of human trafficking, which
considers the commercial exploitation of prostitution, pornography and other
forms of exploitation outside all sexual purposes (forced labor or organ
trafficking). Finally, the last modification occurred on January 1st,
2010 when the reform of the 1961 Penal Code took place. The new article 168 integrates
all forms of trade and explicitly mentions child trafficking and other forms of
sexual exploitation.
Although this
definition is adjusted to the international commitments of the Czech Republic,
the implementation of the law by the relevant authorities is a challenge,
considering the lack of interpretation of the terms of the law and the lack of
consensus among the police, the prosecutors, the Ministry of the Interior and
the various international organizations. According to the 2013 U.S. Department
of State Report on Human Trafficking, in 2012 the Czech authorities prosecuted
28 persons suspected of trafficking, only 5 of whom were condemned which is a
low number in view of the realities of human trafficking. The details of the
cases have not been published, so it is not possible to say whether they
implied trafficking with the purpose of sexual exploitation or forced labor
In the same
year, the Czech Republic also adopted its fourth national policy to combat
human trafficking, providing different measures of cooperation and prevention.
The Ministry of the Interior canceled some aid funds to victims whereas the
identification of the latter and their treatment are a fundamental step in the
struggle against trafficking. The difficulties for understanding the issue and
the absence of consensus lead to the failure of the identification of presumed trafficking
victims.
In conclusion,
the question arises, whether the efforts relating to the struggle against human
trafficking and those to diminish prostitution in the Czech Republic are not in
vain, even though the government has drafted a bill to regulate prostitution.
Sources
- Prague authorities shut Amsterdam-style brothel ,
Czech Position, May 24th,
2012.
- Berg S., Paedophilia in the Czech Republic , BBC - Radio 4, May 6th, 2011.
- Bokuvka P., Czech town to fine clients of street
prostitutes , The Czech Daily World,
January 2nd, 2012.
- Burcikova M., The
problem of trafficking in women in the Czech Republic calls for immediate
action, European women lawyers (EWLA), May 2001.
- Bystrý T., Albert G. (traduit par), The
lives of Czech and Romani male prostitutes , Romea, April 28th, 2012.
- Constant S., Madrian C., Capaldi M., Monitoring state progress to protect
children & young people from trafficking for sexual purposes, Stop sex
trafficking of children and young people, ECPAT International, The Body Shop,
January 2010.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la
prostitution, 2012.
-
Darley M., La prostitution en clubs dans les rgions frontalires de la
Rpublique tchque , Revue franaise de
sociologie, Vol. 48, n. 2, April 1st, 2007.
- Dudova R., Prostitutes,
sex workers and honest citizens: politics of prostitution in the Czech Republic,
European Conference on Politics and Gender (ECPG), Budapest, 2010.
- ECPAT, Global
monitoring report on the status of action against commercial sexual
exploitation of children - Czech Republic, 2006.
-
Gebertova A., Rguler la prostitution en Rpublique Tchque , Radio Prague, September 21st,
2010.
- Johnstone C., Amsterdam-style sex sell creates
uproar in Czech capital , Czech Position,
May 3rd, 2012.
- Kenety B., Czech sex industry undergoing sea
change , Czech position, April 24th,
2012.
-
Neumann S., A Chomutov, les prostitues tchques ont des ttes de
mort , Caf Babel, June 3rd,
2010.
- OBriain M., Van den Borne A., Noten T., Joint East West Research on Trafficking in
Children for Sexual Purposes In Europe: the sending Countries, Programme
against Trafficking in Children for Sexual Purposes in Europe, ECPAT Europe Law
Enforcement Group Amsterdam 2004.
- Schiller J., Inside a Prague brothel, where sex is
free if you perform for the web , Wired,
June 14th, 2012.
- U.S. Department of State, Trafficking in Persons Report, June 2013.
-
Vaca J., Dnes M. F., Rpublique tchque : les affaires vont mal pour la prostitution , Press Europ, July 21th, 2009.
- European NGOs Observatory on Trafficking,
Exploitation and Slavery (E-notes) – Czech Republic file: http://www.e-notes-observatory.org/legislation/czech-republic/
|
Denmark
|
- Population: 5.6 million
- GDP per capita (in US dollars): 56,210
- Constitutional monarchy
- Human development index (HDI): 0.91 (15th rank among 187
countries)
- Gender inequality index (GII): 0.057 (3rd rank among 147
countries)
- Member of the European Union since 1973.
- No official national statistics
on prostitution.
- Street prostitution is
especially found in Copenhagen, Odense and Aarhus.
- Prostitution is legal,
but the selling of sex services from a person under the age of 18 is illegal
(law 141, enacted July 1st, 1999). Procuring remains an offense
punishable by four years imprisonment.
- Human trafficking with
the purpose of sexual exploitation, forced marriage, forced labor, slavery and
its equivalent practices, and selling organs are criminalized. In March 2012,
the government decided to increase the convictions.
- Country of transit and
destination for trafficking with the purpose of prostitution.
- Victims are overall
native to Africa, Central Europe, and Eastern Europe.
- 94% of victims are
identified as women, between 20 and 35 years old, living in a precarious
situation and having to financially support their families in their home
countries.
Denmark has not yet adopted a law against the sale of
sexual services, like that of other Scandinavian countries. Law 141, enacted on
July 1st 1999, allows an individual to prostitute oneself, but it
forbids the sale of sexual services of someone younger than 18. Procuring is a
crime punishable by 4 years in jail.
The center-left government, elected in September 2011,
was in favor of the prohibition of prostitution, according to its manifesto.
However, a bill prohibiting the purchase of sexual services has been rejected
on the report of the Committee on the Ministry of Justice in November 2012. The
decision was based on a study commissioned by the Department of Justice by the
government. The study noted that a ban would not help women. Instead, it might
stigmatize and further aggravate the condition of prostitutes.
This decision has amplified the debate about prostitution
and trafficking in women for sexual exploitation. Political parties in power
support a law criminalizing the client. They fear that Denmark may become a
haven for prostitution since the other Scandinavian countries have passed
legislation prohibiting the purchase of sexual services.
In 2009, a report on the Servicestyrelsen prostitution, extension of the Danish Ministry of
Social Affairs, argued that there was no information showing the impact on
Danish territory of the law prohibiting the purchase of sexual services,
enacted in Norway the same year. Since then, no other reports have been
published on the potential impact.
For the organization that assists victims of trafficking Reden International, forced prostitution
and trafficking are two crimes encouraged by the legal prostitution market.
Thus, to combat trafficking in persons for prostitution, one must criminalize
the client. Despite the opposition to this penalty, the government recognizes
that demand drives the market. Several campaigns of public awareness around
this merchant link have been launched in recent years (most recently in
September 2011, with the campaign: Ud
med bagmendene- Lets get rid of the traffickers).
The public stance against
prostitution leading Sweden and Norway to criminalize the purchase of sexual
services, is not as strong in Denmark. A study in 2011 by the Institute of
Wilke shows that 50.9% of the Danish population is against such a law. The
survey revealed a gap between women and men. About 6 out of 10 men were in
favor of legalizing prostitution against only 4 out of 10 women.
Increase
in prostitution inside the country
In recent years, prostitution
has moved from the street to private places. Currently, according to the
observations of the Competence Center for Prostitution, under the Ministry of
Social Affairs, prostitution is concentrated in the massage parlors, making it
less visible. One most frequently encounters Nigerian, Romanian, Hungarian,
Lithuanian, and Thai women and transsexuals from Latin America. According to a
report in 2009 from Servicestyrelsen, the vast majority of prostitutes
in Denmark are from Asia, Central Europe and Eastern Europe.
But in recent years, there has
been strong growth in the number of African prostitutes. This was facilitated
by the opening of borders between member countries of the Schengen area.
Indeed, the victims of trafficking of non-European origin can more easily get
to Denmark. The report is based on observations of Centeret Mod
Menneskehandel (Center against Trafficking in Human Beings). This governmental
organization was created to combat trafficking in the 2007-2010 national action
to fight against human trafficking plan, which collects and publishes
statistics on victims.
Between 2008 and 2009, Centeret
Mod Menneskehandel estimated that there were at least 5,500 people
including 1,141 prostitutes working in the street. Approximately 2,500 were
foreign prostitutes. These figures have been criticized by an organization
defending the rights of prostitutes Sexarbejdernes Interesseorganisation
- Sex workers' Interest Organization (SIO). According to their own report in
2010, there are approximately 2,500 women on average per day on the
prostitution market with about 2,800 purchases of sexual services a day in
Denmark. But some areas of aid and assistance, as well as NGOs have emphasized
the difficulty to provide figures on the number of prostitutes in the country,
as these figures can only be based on observations, not necessarily reflect the
reality.
In 2011, the Centeret Mod
Menneskehandel was in contact with 608 prostitutes in Copenhagen, 119 of
which had recently arrived in the city (48 Nigerians, 7 from African countries,
17 Romanians, 5 Czechs, 4 Bulgarians, 23 other countries in Eastern Europe, 2
in Southern Europe, 2 South American, 9 of unknown nationality and two Danish).
In Odense, the social workers
met 24 prostitutes.
The NGO Reden International,
located in Copenhagen, noted that prostitution carried out on public roads was
higher during the summer and the last quarter of 2012, which would tend to show
that street prostitution is influenced by seasonal variations. The women also
suffered other events such as police operations. In June 2012, two major police
raids took place against Nigerian women. Some chose to leave for another
European country, others have chosen to remain in the country and to be more
discreet.
The Romanians are the most
important day group, and the Nigerians occupy the night. Danish women are
prostitutes in the street, primarily to fund their drug use. Male prostitutes most
often use websites.
Legislation
against human trafficking
A Danish law against human
trafficking (article 262a) was adopted by the government in 2002. The law
criminalizes human trafficking for sexual exploitation, forced marriage, forced
work, slavery and similar practices, and the removal of organs.
In 2011, 14 criminal cases
were launched and 9 people were sentenced for trafficking for prostitution,
against 13 instructions and 11 convictions recorded in 2010. The punishment
ranged from 9 to 30 months in prison. However, services for victims found that
some traffickers, despite their conviction, continued their remote activities
with relative impunity.
In March 2012, the government
decided to use heavier sentences. The maximum penalty is increased from 8 to 10
years in prison for violations of the law 262a. This law is in line with the
European Directive on the Prevention of Human Trafficking. Thus, any Danish
citizen or any person with a permanent residence permit in Denmark can be
prosecuted, even abroad.
A
country of destination
Denmark is a country of
transit and destination for prostitution. Victims are from Africa, Central
Europe, and Eastern Europe. Identified victims are usually female (94% of
victims), between 20 to 35 years old, living in a precarious situation where
they must financially support their families who are back home. They are often
recruited by someone who they know. The traffickers come from the same
countries as the victims. They have also sometimes been victims before becoming
traffickers. Almost all the victims were indebted to their traffickers for
travel, visas... This debt may rise to around 60,000 ($80,520 USD) or more.
This amount often exceeds the actual expenses.
Since the beginning of the
census in 2007, the figures provided by Centeret Mod Menneskehandel show
continued growth in the number of victims of trafficking. But, the center
believes that these estimates are undervalued. Most victims are identified by
the police and organizations working on the ground.
Between 2007 and the first
half of 2012, 246 victims of trafficking were identified (17 in 2007, 28 in
2008, 47 in 2009, 53 in 2010, 60 in 2011), including 227 victims of sexual
exploitation. The most represented group consists of women of African descent,
mainly from Nigeria. According to police, African prostitutes arriving in
Copenhagen are more visible. This trend is also observed in the other
Scandinavian countries.
In 2012, 41 victims of
trafficking were identified. Of the 41, 31 were victims of prostitution-related
crimes, 28 were from African countries (19 from Nigeria, 2 from Cameroon, 1 of
Cape Verde, 1 from Uganda, 1 from Togo, 1 of the Gambia, 1 of the Ivory Coast,
and 1 from Kenya), 1 from Latin America (Dominican Republic), 5 from Europe (3
from Romania, 1 of the Czech Republic, and 1 from Poland), and 8 from Asia (4
from Thailand, 2 from Vietnam, 1 of Nepal, and 1 of the Philippines).
Specific rules for people
residing in Denmark that were illegally trafficked are governed by the Danish
Aliens Act. A reflection period of 30 days is offered to victims and may be
extended up to 100 days in cases where the victim cooperates with the
authorities. This period of reflection can be seen as an adjournment of the
return to the country of origin.
Illegal
immigrants or victims of trafficking
During a police operation in
Copenhagen in June 2012, 31 Nigerian prostitutes were arrested, suspected of
illegally staying in the country.
These police actions have
raised concerns of some NGOs on the treatment of trafficking victims,
considered criminal, shared by the Group of Experts on Action against
Trafficking in Human Beings (GRETA) in their report on the implementation of
the Convention of the Council of Europe on trafficking in human beings. The NGO
Sexarbejdernes Interesseorganisation - Sex Workers' Interest
Organization (SIO) reported an increase in repressive measures against
prostitutes since the election of center-left government. The police threatened
eviction of victims if they do not cooperate and street prostitutes regularly
receive fines of about 90 ($120 USD) without explanation.
In Denmark, the identification
of a victim must be made within 72 hours. Beyond this period, the potential
victims often remain incarcerated for violation of immigration law or for minor
offenses.
Few victims are allowed to
stay in Denmark for the time needed to establish a relationship of trust
between them and the authorities, which would facilitate the prosecution of
their traffickers. Indeed, Denmark is the only member of the European Union,
where there is no statutory provision for trafficking victims to seek or obtain
a residence permit. Thus, a permanent residence permit may be granted on the
basis of their status as trafficking victims.
Denmark has improved its
ability to protect and identify victims in recent years and the number of
identified victims is increasing. In its 2011-2014 action plan against
trafficking in persons, the Danish government has been aware of the actual
stress experienced by victims of trafficking when they are identified by the
operations of the police. The country has also acknowledged that the very short
period of qualification as a victim is an obstacle to the identification of
traffickers. The government has finally admitted that the work of NGOs working
in the streets to identify victims is essential.
Sources
- Danmark forbyr ikke sexkjp , Dagbladet, November 20th,
2012.
- Nigerian prostitutes nabbed in red light raid , The Copenhagen Post, June 22nd,
2012.
- Bendix Olsen, M., Dencher Buch, N., Flertal siger
ja til kbesex , Avisen,dk, March
7th, 2011.
- Center mod
Menneskehandel, Statistik 2011, 2012.
- Center mod Menneskehandel, Statistik, Center mod Menneskehandel,
1.halvar 2012, 2012.
- Council of the Baltic Sea States, Hard
data: Data Collection Mechanisms on Human Trafficking in the Baltic Sea Region,
2011.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Gram
Jensen, S., Copenhague renonce interdire la prostitution , Courrier international, November 27th,
2012.
- GRETA (Group
of Experts on Action against Trafficking in Human Beings), Council of Europe, Report
concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by Denmark, First evaluation round,
GRETA(2011)21, Strasbourg, December 20th, 2011.
- Institut for
menneskerettigheder, Menneskehandel
status 2012, May 2012.
- Jensen, B., Sexarbejdets omfang I Danmark, Sexarbejdernes Interesse
Organisation, September 2010.
- Ligestillingsafdelingen, Handlingsplan til bekmpelseavmenneskehandel
2011-2014, June 2011.
- Nordic Network on Prostitution, Prostitution
in the Nordic countries, Report on the meeting of the Nordic Network on
Prostitution, Helsinki, September 2011.
- Reden International,
Statusnotat 2012, 2013.
- Servicestyrelsen, Prostitution i Danmark; Arsrapport 2009, Odense, 2010.
- U.S. Department of State, trafficking
in Persons Report, June 2012.
- UNICEF, Child Trafficking in the Nordic Countries:
Rethinking strategies and national responses, Florence, December 2011.
- United Nations Office on Drugs and Crime (UNODC), Human Trafficking in the Baltic Sea Region: State and Civil Society
Cooperation on Victims Assistance and Protection, New York, 2010.
- Center Mot Menneskehandel (CMM) : http://www.centermodmenneskehandel.dk
- Christians Safe House
: http://www.christians-safehouse.dk/en/index.html
- Hope Now : http://www.hopenow.dk
- Reden International : http://www.redeninternational.dk/
|
Dominican Republic
|
- Population: 10.2 million
- GDP per capita (in US dollars): 5,736
- Presidential regime
- Human development index (HDI): 0.702 (96th rank among 187
countries)
- Gender inequality index (GII):
0.391 (108th rank among 147 countries)
- No official national statistics on prostitution.
- Between 30,000 (according to the MODEMU-HOPE Foundation , 2008) and
100,000 prostitutes (according to the NGO, Center
for Integral Orientation and Investigation - COIN).
- Prostitution is
neither illegal nor prohibited; only the prostitution of minors is strictly
prohibited. Physical, psychological or sexual abuse against minors is
punishable by a sentence of up to 20 years imprisonment.
Hispanola is the second largest Caribbean
island, after Cuba. It is divided into the Dominican Republic in the east and
Haiti in the west. The constant migration between the two countries is not
beneficial to anyone.
An
out of control migration
Haitian laborers, most of whom are
illiterate and without papers, migrate to the Dominican Republic to live and
work in slavery-like conditions, mainly, as sugar cane cutters. Young students
are often subjected to ethnic violence as well. According to Dominican Republic
authorities, at least 500,000 Haitians are staying illegally in the country.
According to the Dominican Residents Association in Haiti, over 10,000 Dominican
natives are living in Haiti, most of whom arrived after the 2010 earthquake
(they were about 6,000 before that). According to the yearly report of the National Office for Statistics (ONE),
1.1% of Dominicans migrated to Haiti in 2011.
With 191,920 people crossing the border in
2012, migration widely surpassed the peak number reached in 2007 of 142,803.
The President of the Dominican
Residents Association in Haiti regrets that most often, Dominican women
tend to be associated with prostitution, and Dominican men with crime and
vandalism. However, men work in various sectors (agriculture, construction,
industrial or computing engineering).
Haitian
children often orphaned or abandoned are the most likely to suffer from this
constant crossing between both countries. These children are bought, rented,
resold, lured with unrealistic promises, and are therefore, the primary victims
of child trafficking and sex slavery.
And
still human trafficking
Organized
crime and procuring networks in the Dominican Republic spread to Haiti,
Venezuela, Colombia, Mexico, even North America, and as far as Europe and Asia.
One can add to that, the beginning of a new progressive trade, which is no less
organized, yet a bit restricted at the moment, towards Guyana and Guadeloupe.
In October 2012, a series of arrests took place in Fort-de-France and in
Guyana, which led to the dismantling of a procuring network. Eight people were
indicted and three were imprisoned. According to the Guadeloupean police
forces, it was a real criminal organization whose leaders recruted female
prostitutes from Venezuela, Colombia and the Dominican Republic. They would
target them and take care of all of the processes of bringing them to
Martinique. They would later, find them clients on the internet, by
word-of-mouth or by gathering them in gambling rooms. In a year, about 30
prostitutes were identified and 15 testified to the police. They practiced at
Terres-Sainville, at Fort-de-France and at private parties in residencies where
there was often cocaine. (France-Antilles,
October 13th, 2012).
Even
worse, this still amateur individual procuring, tends to develop perniciously
in the French Caribbean area. Less than two weeks later, a discreet
prostitution network was also dismantled in Guadeloupe (Maximini,
January 27th, 2013). A Guadeloupean and a
Dominican woman who were managers of a restaurant in Capesterre-Belle-Eau,
would offer young Dominican women, who were brought over with the purpose of
prostitution, to their customers during the evenings and week-ends. This
lucrative side-job seemed to be working thanks to word-of-mouth.
In order to fight against these mafia organizations and increasing
number of individuals, the powers of the Interinstitutional
Committee of Protection for the Migrant Woman (CIPROM) created by the
decree 07-99 had to be expanded. In order to inform, sensitize and protect
people against human trafficking and repressive measures of this multi-rooted
plague, a think tank has been set up.
Ways
and means of approaching the prostitution phenomenon
AIDS and Prostitutes
The U.S. Agency for International Development has followed the
evolution of HIV/AIDS in the Dominican Republic. According to the Kerrigan
report, which describes the situation of HIV-positive prostitutes worldwide,
61,000 women in the Dominican Republic are HIV-positive and AIDS is the first
cause of death among 15 to 49 year old women. 12% of prostitutes are HIV-
positive. Dominican health services and NGOs such as the Center for Integral Orientation
and Investigation (COIN), the United Women's Movement (MODEMU), or lately the COVIH, have set
up a number of plans to facilitate access to medical treatments, care and
support for HIV-positive prostitutes. However, it seems that American funds
have not always directly reached their target. They have passed through intermediary
organizations, which have slowed access to credit for all those concerned.
Two NGOs dealing directly or indirectly with prostitution
COIN,
an American NGO, works at preventing AIDS, improving sexuality and birth
conditions in the Dominican Republic. COIN, which is also a research center,
reports that about 100,000 people practice prostitution in big, urban cities
and tourist resorts, but some do it in a more private matter, by having their
own local clientele. The United
Women's Movement (MODEMU), a women organization, created in 1996 by a
former prostitute, Jacqueline Montero, following the first conference on the
situation of Dominican prostitutes, is made up of former and current
prostitutes. Presided by J. Montero, the association aims to promote the rights
of all those linked to the sex industry, educate them on the prevention of
AIDS, and support those who wish to engage in a different lifestyle. As J.
Montero admits: most of the time a woman
gets into this practice because of a friend, because she was sexually assaulted
as a child, or due to a bad husband. Personally, it was for all three reasons.
A lecturer at the Gender Studies Department of the University of California
Riverside (UCR), J. Montero is also a town council member and is considering
running for Parliament in 2016 in order to legislate for a law ensuring
respect for the rights of her colleagues. In 2012, MODEMU had 6,000 members.
By informing them of their rights, this association permits prostitutes to
regain some self-respect. It also helps women to protect themselves and to find
the means to be safe in a particularly violent environment. Male prostitutes
(called sanky-panky ) joined the organization in 2011 and
since then do the same with their male colleagues. In 2005, MODEMU and the HOPE
Foundation merged into MODEMU-HOPE in the Dominican Republic. The new
organization reinforced their goals and modes of action recommended by their
President, in the fields of human rights and access to care. Nowadays, MODEMU–HOPE
is helped by a number of sponsors (UCR Women Studies Department, UCR American
Latin Studies program, LGTB center...).
Sex
tourism
In 2012, the Dominican Republic hosted about 5 million
tourists, as the primary country for tourism in the Caribbean, before Cuba.
Three types of tourism can be distinguished.
Luxury
Tourism
On the way to Santo Domingo, one
passes La Casa del Campo, in the town of La Romana. The fees to play golf, polo
or to benefit from a private beach, closed off to locals, can reach up to $600
USD per day. Wealthy North Americans can land their jet on a private airfield.
Mass
Tourism
Going along the south-east coast,
one leaves luxury tourism in order to arrive in the mass tourism zone. In order
to develop this tourism, encouraged by the government, hotel networks were
created by wealthy Dominicans, whose funds come from laundering drug money.
Hotel capacity rose from 12,000 rooms in 1995 up to 60,000 in 2012, reaching 5
million tourists. At the same time, sex tourism was developing and no official
census was identified. Charter flights brought in hundreds of British tourists
to large ensembles such as Bavaro Beach; which holds 1,000 rooms. Due to the
low Dominican salaries, low cost vacations are able to be proposed to American
and European tourists. The main tourist zones in the country are Bavaro, Punta
Cana (with many hotel complexes), Santo Domingo (Colonial Zone) and Las Terras
(Samana Peninsula). Tourists are mainly North American or European (German,
British, French, Spanish). Tourist sea-resorts surround poor areas. It is not
rare to encounter a luxury hotel resort right next to sugar cane fields where
Haitian braceros, real slaves, work.
Sex tourism
Sex tourism appears in towns such as Punta Cana, Boca Chica and Sosua,
including Santo Domingo, the capital city. More important cities such as
Santiago are organized sex tourism centers. Wealthy Dominican businessmen
benefiting of tax rebates, create important tourist resorts offering
prostitution services. Soliciting (prostitution; drug or counterfeit goods
sales) is frequent in tourist resorts or on beaches. Canadian or British
clients are the most numerous, but nowadays, one can add more and more Asians
tourists (Chinese, Korean, or Japanese). Besides offering all-inclusive
packages, hotels have also set up a system of fake guides, fake friends in
order to welcome the unaware tourist and trouble him after spending a few days
with a young girl who is actually a disguised prostitute. Many internet chat
rooms demonstrate this reality. On the one hand, tourists are concerned of
being caught in a trap, and on the other hand, there are sex tourists eager for
new experiences who seek information on what is in offer at the best price. The
possession of the smallest quantity of drugs, even for self use, is strictly
forbidden and can be charged with up to 20 years in prison. Despite official
diplomatic warnings, sex tourists do not seem to worry.
Some
hope ahead
The
hotel chain of the Matutes group (GEM), along with the Fiesta Hotel Group,
committed themselves to fight against child sex abuse in the Dominican
Republic, acting against child prostitution and encouraging more appropriate
behavior in tourist areas. The GEM signed a cooperation agreement with
international organizations: UNICEF, World Tourism Organization, and the NGO End child prostitution, child pornography
and the trafficking of children for sexual purposes (ECPAT). The Fiesta
Hotel Group also signed a Code of Conduct protecting children
from sexual exploitation in trips and tourism and committed to respecting this
code in all of their establishments (Resorts Grand Palladium in Punta Cana,
Dominican Fiesta Hotel & Casino in Santo-Domingo). The staff is trained to
become aware of the necessary ways to face the problem. Subcontractors must
agree to a moral clause in order to be accepted. Brochures, catalogs,
videotapes and websites on child sex abuse are available in the hotels for
tourists so that they may enjoy a responsible stay (Rep-dominicaine,
January 7th, 2012).
Sources
- Fiesta Hotel Group luttera en Rpublique
dominicaine contre la prostitution infantile , Rep-dominicaine, January 7th, 2012.
- Un petit rseau de prostitution
dmantel , Maximini, January
27th, 2013.
- Beaulieu L., Lenvers du paradis , Volcans, June 1995.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Del Mundo S., Sex Trade Flourishes in Dominican Republic , Cronkite Borderlands
Initiative, 2012.
- Kerrigan D., Wirtz A., Baral S., Decker M., Murray L., Poteat T.,
Pretorius C., Sherman S., Sweat M., Semini I., NJie ND., Stanciole A., Butler
J., Osomprasop S., Oelrichs R., Beyrer C., The
global HIV Epidemics among sex workers, International Bank for
Reconstruction and Development/The World Bank, Washington D.C., 2013.
- Le
Lamy R., Ils faisaient venir les prostitues par
avion priv , France-Antilles,
October 13th, 2012.
- ECPAT Code of Conduct: www.thecode.org
- The French Ministry of Foreign Affairs – France Diplomatie: www.diplomatie.gouv.fr
|
Egypt
|
- Population: 84 million
- GDP per capita (in US dollars): 3,187
- Presidential regime
- Human development index (HDI): 0.662 (112th rank among 187
countries)
- Gender inequality
index (GII): 0.391 (125th rank among 147 countries)
- Member of the African Union since 1963.
- No official national
statistics on prostitution.
- Egyptian women are victims of summer marriages or temporary
marriages with rich men native to the Persian Gulf.
- Sex tourism in Egypt mainly located in the cities of Cairo,
Alexandria, and Luxor.
- In February 2012 the National Council for Childhood and
Motherhood intended to recognize and identify the victims of human
trafficking.
- Country of origin, transit and destination for human trafficking
with the purpose of sexual exploitation.
-Victims are mainly native to South East Asia, Sudan and Ethiopia.
As a country of transit, many female Ukrainians, Moldavians and
Russians pass through Egypt before being sent to Israel to be sexually
exploited. As a country of destination, many females from Southeast Asia, Sudan
and Ethiopia are smuggled into Egypt (U.S. Department
of State, 2013).
Accounts of men exploited sexually are marginally documented, but men
from Southeast Asia and Africa are often exposed to labor exploitation in
Egypt. As of 2012, Indonesia has been noted to have the largest number of domesticated
servants in Egypt. In addition, around 200,000 (of the one million) street
children are subjected to sex trafficking and forced begging.
Egyptian army doctor cleared
of administering virginity tests on women activists
A controversial headline of 2011 was when army officials forced
virginity tests on seven unmarried women who were protesting Mubaraks
presidency during the Tahrir Square revolution on 9 March 2011[60]. One of the female
victims told Amnesty International that she and the other women were forced to
undress and were strip-searched by a female guard while male guards looked on
and took pictures. The girls were then taken to Dr. Ahmed Adel for virginity
tests (The Guardian, March 11th,
2012) A positive outcome that resulted from this
situation was that forced virginity tests were ruled illegal in Egypt in
December of 2011 (The Guardian, December 27th,
2012).
Dr. Adel was acquitted of carrying out forced virginity tests
following public unrest and protest relating to this issue. However, in March
of 2012, Ahmed Adel was found not guilty of indecency in a military court in
Cairo. This jurisdiction frustrated many activists and feminists in Egypt and
around the globe.
Summer or Temporary Marriages
The end of Dictator Hosni Mubaraks rule in Egypt, after the Tahrir
square protests, has led to an afflux of businessmen from Middle Eastern
countries coming to this country (Slate Afrique, February
1st, 2012). In 2012, numerous wealthy
men from the Gulf, specifically from Saudi Arabia, United Arab Emirates and
Kuwait, travelled to Egypt solely to acquire temporary or summer marriages
with Egyptian females. Pre-marital sex is prohibited under Islamic law and many
hotels and landlords demand proof of a marriage contract. Thus, these temporary
marriages contracts are a way around Islamic law. These marriages arent
legally binding and end when the tourist returns home. Generally, the girls
parents initiate the summer marriage, as they profit from the transaction.
Intermediaries, who link wealthy men with poor families who have young
daughters, usually organize the marriages. The foreign husbands give their
wifes family dowry presents and money ranging from 320 to 3,200 (The Independent, July 15th, 2012). Children in these marriages usually experience forced labor and
sexual subjugation. The Egyptian government does little to address this issue
as the Gulf tourism helps to strengthen the economy (Bikyasr,
January 15th, 2012).
The Egyptian government does prevent foreigners from marrying
Egyptians if there is more than a ten-year age difference. The problem with
this rule is that marriage brokers can easily forge the ages to eliminate the
age disparity issue. Even though the marriages arent legally binding, and
technically end after the tourist has returned to his home country, the
prospects for summer brides girls are bleak. There are three typical paths for
summer brides after her marriage: she either is taken back to the Gulf
tourists home country to work as a slave, or she is shunned by Egyptian
society if she stays in the country after her temporary husband leaves her, or
she is abandoned by her temporary husband in Egypt and is forced to join the
street children (Al Arabiya News, July 15th,
2012).
Egypts Constitution does
little to deter human trafficking
The post-Mubarak October 2012 Egyptian draft constitution has been
criticized for allowing, loosely worded constitutional articles which only
intensify the problem of human trafficking in Egypt. The Director of Human Rights
Watch (HRW) of the Middle East and North Africa, Sarah Leah Whitson, said:
this draft constitution contains many loopholes that would allow future
authorities to repress and limit basic rights and freedoms. These loopholes
stem from a lack of clear language against torture, freedom of religion,
freedom of the press and womens and childrens rights (International
Business Times. October 8th, 2012).
Only in article 10 of the Egyptian constitutional draft is the role of
women in Egypt brought up. Article 10 declares that the State of Egypt will
provide motherhood and childhood services and shall balance a womans
obligations toward the family and public work (Human
Rights Watch News, November 30th, 2012). The
problem with this statement is that the states role should be restricted to
ensuring equality instead of interfering with a womans choice about her family
or professional life. Egyptian womens rights advocate Nihad Abu El Konsam
stated that lawyers have made numerous proposals for constitutional articles
that would make up for the social and cultural problems in our society but the
Islamists ignore it.
Demonstrators and critics of the constitution were brutally attacked
by members of the Muslim Brotherhood outside of the presidential palace on 5
December 2012. President Mohamed Morsi passed the draft constitution in late
December of 2012, despite concerns by human rights groups (Deutsche Welle, December 21th, 2012).
Developments in the battle
against sexual exploitation
Although there are clear constitutional and legal enforcement problems
regarding human trafficking in Egypt, in the year 2012, advancements were made
in this area to reduce human trafficking. The Egyptian Government adopted the International
Organization for Migration (IOM) recommended victim referral mechanism in Feb.
2012, which appointed the NCCM (National Council for Childhood and Motherhood)
as the official network for victim screening and identification. It is a
comprehensive national plan to combat human trafficking by working
co-operatively with international and local NGOs, and developing standardized
victim identification procedures. About 600 government officials and NGO
workers participated in the IOM-funded trainings on identifying trafficking victims.
The IOM and NCCM provided protection and assistance to 122 victims of sex
trafficking from January of 2011 to February of 2012.
Although policies to assist trafficking victims have been initiated by
the IOM and NCCM, most government officials fail to employ proper trafficking
victim identification and referral procedures. As of 2012, there is little
evidence that the Egyptian government has made any real effort to reduce the
demand for prostitution or to raise awareness of sex tourism in its country. Similarly,
there has been no visible reduction in the number of Indonesian domestic and
sexual slaves in Egypt. Political instability, scarce funding, strict Islamic
interpretations and misogyny are hampering the fight against sexual
exploitation.
Sources
- Summer Brides:
Under-age daughters sold as sex slaves in Egypt, report claims , Al Arabiya News, July 15th,
2012.
- A Slap in the
face for Egypts Women , Deutsche
Welle, December 21th, 2012.
- Butt
R., Hussein, A.-R.. Virginity tests on Egypt protesters are illegal, says
judge , The Guardian, December
27th, 2011.
-
Castaignet A., Egypte: quand les pays du Golfe dopent le tourisme
sexuel , Slate Afrique, February
1st, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Human Rights Watch, Egypt: New Constitution Mixed on Support of
Rights, November 30th, 2012.
- Hussein, A.R..
Egyptian army doctor cleared over virginity tests on women
activists , The Guardian, March
11th, 2012.
- Mayton J., Gulf
business in Egypt brings with it sex trade , Bikyasr, January 15th, 2012.
- Reem L., Moving
Backwards , Al-Ahram Weekly,
November 31th, 2012.
- Shwayder M.,
Egypts Constitution Allows for Human Trafficking: Human Rights
Watch . International Business
Times, October 8th, 2012.
- U.S. Department of State, Trafficking in Persons Report, June 2013.
- Vileselinovic M.,
Scandal of summer brides , The
Independent, July 15th, 2012.
|
France
|
- Population: 63.5 million
- GDP per capita (in US dollars): 39,772
- Bicameral presidential regime
- Human Development Index (HDI): 0, 893 (20th
rank among 187 countries)
- Gender Inequality Index (GII):0,083 (9th rank
among 147 countries)
-
Founding Member of the European Union since 1952.
- 20,000 prostitutes (according to estimates based on police sources)
- Abolitionist regime, repression of soliciting and resorting to
prostitution of minor or vulnerable victims.
- Country
of destination from Eastern Europe, Western Africa and Asia.
The year 2012 was marked by the
continuation and expansion of the debate on prostitution initiated the previous
year. The various issues of prostitution and sexual exploitation had rarely been
under such a spotlight.
There are
multiple reasons for this, which can be summed up by
three converging factors:
- First, criminal activities linked to prostitution
worldwide, including France, have been gradually revealed through repeated publicized cases.
- Secondly, the trivialization of sexual exploitation as shown
by the medias fascination for commercial forms of organized prostitution and
student prostitution, which tends to show that
young French people may be of concern.
- Finally, the diverse and sometimes confusing reactions of the
public, the national and local authorities that notoriously lack reference to a
social fact that was up to now largely underestimated.
Understanding the key issues of the current situation requires several approaches.
The legal framework in question
According to the 2011
Geoffroy-Bousquet parliamentary report, the legal framework is unsustainable. Opposing views on
prostitution led to intense debates in 2012. The common factor was noting that
the legal responses to prostitution needed a clarification of political choices
concerning protection of victims, punishment of traffickers and penalization of
clients.
At the beginning of the year, the
electoral campaign allowed for the opportunity to question the candidates on
the measures they would further implement to the 2011 parliamentary report. The
two finalists took similar stances in favor of opening a parliamentary debate
on these issues.
The candidate, Franois Hollande
stated that he was in favor of suppressing the offense of passive soliciting
and of initiating a debate over client penalization.
National coordination, imposed by
the 2011 European Union directive, was created on the eve of the presidential election and the elected candidate charged Najat
Vallaud-Belkacem, Minister of Women's Rights, with monitoring it.
On April 13th, 2012, the
Abolition 2012 group made an appeal following up on
the November 29th, 2011 symposium at the National Assembly
and on the parliamentary resolution of June 9th, 2011. It was also
announced that a bill inspired by the Geoffroy-Bousquet report would be
examined and, Minister Najat Vallaud-Belkacem stated her commitment to abolish prostitution in France and in Europe on
several occasions during June 2012.
However, no progress was
made during the second quarter: the consultations on the goals and terms of the
future bill continued on without any sign of a consensus in the near future.
On December 4th, 2012,
Brussel's call Together for a Europe Free from Prostitution to the European
Parliament, united 200 associations on violence against women, coming from 25
member states and 4 other countries, at the initiative of the European Womens Lobby (EWL), the Fondation Scelles and the Mouvement du Nid, two French
organizations. This appeal emerged from an assessment and comparison of the
contradicting legal frameworks of Sweden and the Netherlands, a European debate
on abolishing prostitution.
The repressive response as an
indicative
A few high-profile cases occupied the limelight, mainly the Carlton de Lille
case with the indictment of Dominique Strauss-Kahn (DSK) for aggravated
procuring, the conviction of Dominique Alderweireld (nicknamed Dodo la
Saumure) in Belgium, and also the Zahia case with two star players of the national
soccer team being sent to a correctional facility.
The almost daily legal cases on
sexual exploitation demonstrated the disturbing progress of the diversity,
violence and trivialization of prostitution nowadays. Three elements marked
2012:
- the confirmation of a mainly foreign prostitution,
increasingly diversified in a mobile and adaptable network of organized crime,
- the extent of trafficking in rural areas, which
appeared unaffected, sometimes leading to unexpected reactions by local
representatives. For instance the anti-prostitution decrees forbidding
prostitutes to park their van along the roads (La
Rpublique du Centre, March
28th, 2012).
- the awareness of a more apparent recourse to
prostitution among the youth, including French, through the facilitation
offered by the internet and social networks, which contribute to making
prostitution more common and virtual.
The debate in the media
favors complementary themes
The current situation has constantly
generated analyses and debates in the media with several subjects generating a
more particular interest in the public. Whether it could be movies or TV shows
where prostitution is present, the publication of records in news or leisure
magazines has invited the public opinion to take an interest in a wide rage of
indicative subjects on the reality of prostitution in France today:
- student
prostitution constantly held the medias attention despite the lack of data;
- internet
use driven by repeated legal cases,
- violence
against prostitutes continuously demonstrated by various cases taking place in
France,
- the
growing phenomenon of Chinese prostitution, mainly investigated by the
magazines Marie-Claire in March, les Inrocks in May and by
the NGO Mdecins du Monde in
December.
- the matter of penalizing clients gave the occasion
to people in favor of prostitution, to be in the media's foreground, such as,
among others, the researcher Marcela Iacub, who states that she is in favor of
a public sex service; a union of sex workers (STRASS) lobbied for a legal sex
market (which would be less profitable if the clients were penalized), Patrick
Bruel, a French singer, declared that prostitution is mandatory as a support
to Dominique Strauss-Kahn and another French singer, Antoine, said he was
outraged by the hypocrisy of the speech on prostitution and added that in
Sweden a wave of rapes followed the implementation of client penalization.
New perspective brought by
the three main reports
More in depth, intense debates on
the reality of prostitution in France and its possible treatments were fueled
by three successive reports.
The report on the hypersexualization
of young girls requested to Chantal Jouanno by Roselyne Bachelot was disclosed
in March 2012 and allowed to engage in a reflection on the dangers of the
misuse of the image of young girls' bodies. Twelve recommendations are intended
to prevent harm to the dignity and the trivialization of sex
The report by the Inspection Gnrale des Affaires Sociales (IGAS
- General Inspection for Social Issues)
presented in December reveals the extent of attempts against prostitutes' health
and physical security, closely linked to social insecurity. This assessment on
the health issues of prostitution highlights its diverse and violent aspects as
well as the need to take a multidisciplinary action.
Finally, after various consultations
in the beginning of 2013, the report on the French situation by the Group of Experts on Action against
Trafficking in Human Beings (GRETA) confirmed the need for a complete
and coherent reform of Frances public policy regarding prostitution. This
reform, which started to take on an institutional form in 2013, is particularly
sensitive in the identification of victims, the training of those concerned and
the effectiveness of public devices which were still modest and poorly
efficient in 2012.
Sources
- Le labour
anti-prostitution du maire de Pressigny-les-Pins , La Rpublique du Centre, March 28th, 2012.
-
Prostitution et violences , Mdecins
du Monde, December 17th, 2012.
- Abolition 2012, Politiques publiques en matire de prostitution, Convention
abolitionniste, Paris, November 29th, 2011.
- Aubin Cl.,
Jourdain-Menninger D., Emmanuelli J. (Dr), Prostitutions
: les enjeux sanitaires, Inspection Gnrale des Affaires Sociales (IGAS),
Rapport RM2012-146P, December 2012.
- Bousquet D.
(President), Geoffroy G. (Rapporteur), Rapport
dinformation par la Commission des lois constitutionnelles, de la lgislation
et de ladministration gnrale de la Rpublique, en conclusion des travaux
dune mission dinformation sur la prostitution en France, French National
Assembly, n.3334, April 13th, 2011.
- Bousquet D.,
Geoffroy G., Ayrault J.-M., Jacob C., Sauvadet F., Cochet Yves, Buffet M.-G.,
Billard M., Zimmermann M.-J., Proposition
de rsolution raffirmant la position abolitionniste de la France en matire de
prostitution, French National Assembly, n.3522, Juner 9th, 2011.
- Bousquet D.,
Geoffroy G., Proposition de loi visant responsabiliser les
clients de la prostitution
et renforcer la protection des
victimes de la traite des tres humains et du proxntisme,
French National Assembly, n.4057, December 7th, 2011.
-
CRIDES/Fondation Scelles, Revue de
lactualit internationale de la prostitution, 2012.
- Dupont P., Belleville : les
Dongbei, entre prostitution et exploitation , Les Inrocks, May 28th, 2012.
- GRETA (Group of Experts
on Action against Trafficking in Human Beings), Council of Europe, Report
concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by France, First evaluation round,
GRETA(2012)16, Strasbourg, January 28th, 2013.
- Jouanno Ch.
(Snatrice de Paris), Contre
lhypersexualisation, un nouveau combat pour lՎgalit, Snat, March 5th,
2012.
- Wascowiski M., Faut-il arrter de
cacher la prostitution ? , Marie-Claire,
March 19th, 2012.
- Abolition 2012
(with more than 50 French abolitionnist organizations) : www.abolition2012.fr
|
Germany
|
- Population: 82 million
- GDP per capita (in US dollars): 41,514
- Federal Republic
- Human Development Index (HDI): 0, 920 (5th
rank among 187 countries)
- Gender Inequality Index (GII): 0,075 (6th
rank among 147 countries)
- Founding Member of the European Union since 1952.
-
No official national statistics on prostitution.
-
Between 12 and 14 billion ($16 to $19 billion USD) generated by prostitution
in Germany.
-
The law of 2002 established prostitution as a job, and as a result made
prostitutes taxable (varied methods of taxation concerning prostitutes).
-
Country of origin, transit and destination.
-
85% of the victims of human trafficking in Germany are native to Europe; 15%
are Nigerians.
Germany occupies a unique place in Europe
because of its 2002 law on prostitution, which recognizes prostitution as a
job, does not consider it immoral, and consequently makes prostitution taxable.
Beyond the large venues, prostitution in Germany is mainly operated by escort
services, in apartments or in the street. This sector handles large amounts of
money, between 12 and 14 billion ($16 to $19 billion USD) each year. In spite
of these huge revenues, many people criticize the 2002 law, considering it to
have turned Germany into the largest brothel in Europe. 2012 celebrates the
10th anniversary of the law, providing reflection on its failure or
its success, the diversification of the methods for taxing prostitutes and the
trivialization of prostitution in society.
Evaluation of the law
One
decade after it was published, politicians are considering once more the issue
of prostitution to evaluate the law without turning to abolitionism. Indeed,
78% of the German people (among whom 76% are women) are against the abolition
of prostitution[61].
Hans-Peter
Uhl, from the CSU (center-right), thinks the law was well thought out but ill
implemented. One of its aims was that prostitutes were supposed to register
themselves in order to have access to social services. This opportunity is
rarely used, since many prostitutes seek to avoid administrative and
contractual complexities. Brothels managers and procurers are the great winners
as, actually, very few things have changed. The manager of the Eros Center Le
Pasha in Cologne explains that, thanks to the law, he may now market or post
an advertisement money back guarantee on his establishment. Their business is
no longer illegal. Advertising for prostitution does not come without problems.
In Nuremberg, leaflets were handed out near a nursery; they invited the fathers
to visit prostitutes in apartments looking onto the yard of the nursery. It was
suggested to the men to go and fetch their children ahead of time so as to
spend some good time before or to watch the children playing in the garden
during the adult games. As a result, the local council prohibited prostitutes
to rent an apartment hourly.
The
Coalition together with the Green Party are consequently discussing changes of
the law so as to have a better control of the brothels. Among the changes hoped
for, compulsory licenses for brothel managers are proposed so that controls are
made easier and prostitutes are obligated to go through a medical examination.
Only 1% of the latter are thought to have medical insurance. In addition, this
would give human trafficking victims an opportunity to meet doctors and social
workers. The law has made it difficult for policemen to act against human
trafficking since they need strong evidence and facts. They are often accused
of corruption by the victims who do not trust them. The debate also dealt with
raising the age of sexual maturity. It had already passed from 16 to 18 years
old in 2008 but some politicians have put forward the idea of fixing it at 21
years old in order to protect some nave young girls.
Good results in the struggle against trafficking
In
2012, 85% of the trade victims in Germany were coming from Europe, 20% of whom
were coming from Germany itself, 20% from Romania and 19% from Bulgaria. The
non-European victims were often coming from Nigeria. Most of them had been
exploited in bars, brothels and apartments. 36% declared they were prostitutes
knowingly. According to the 2013 U.S. Department of State Report on Human
Trafficking, the German government has improved its capacity to identify trade
victims by 75%. The authorities have allowed the identified victims a longer
stay and have sometimes given them working permits particularly during the
juridical proceedings when they agree to bear witness. But one of the problems
is the light punishments for procurers and traffickers, most of them receiving
no prison sentence, which places victims in a dangerous situation after the
trial.
Germany
favors European cooperation for fighting trafficking as revealed by the
trans-border operation in the Meuse and Rhine regions. Indeed, 350 Belgian,
German and Dutch policemen led a series of investigations into private clubs
and bars on September 21st and 22nd; they were
accompanied by members of the Parquet and the inspection services; the aim was
to check whether the foreigners rights, and social legislation were respected,
and to determine cases of human trafficking.
Taxation concerning prostituted persons
In Germany, prostitution is legal. Any registered person has to pay
income tax. In 2011, the city of Bonn instituted a system of parking-meters for
prostitutes[62].
In 2012 the town council decided to renew this tax, which had brought in
250,000 ($399,925 USD) the year before. Although this money amounts to nearly
nothing in the towns budget (1.2 billion - $1.6 billion USD for the year
2011-2012), it has been used to pay for locked-up parking garages where clients
could park their car and for security costs (increased surveillance). Monika
Frmber is a town councillor; she thinks the parking ticket machine is the best
solution since most prostitutes do not speak German and are unable to fill in
their tax-return forms. Besides, as lots of them often do not work a whole
month because they often move out, the daily parking ticket addresses this
mobility quite well. Most prostitutes duly pay their taxes. In one year, some
20 warnings and 7 fines have been delivered. Other cities such as Soltau in
Lower-Soxony have been inspired by this approach. The city council wished to
create a 5 ($7 USD) daily tax for owners of love mobiles, a kind of brothel
which could be seen right on entering the city. Nevertheless justices decided
in November 2012 that only tenants of trailers should pay the tax, exempting
the owners. This judgement sets a precedent.
However
Germany is facing a serious problem. Lots of prostitutes are not registered by
the authorities and do not pay the tax. In 2012, a survey showed there were
only 29 prostitutes officially registered in the city of Hamburg while the red
district is said to have 2,500 residents, perhaps up to 4,000 according to the
associations. Many prostitutes dare not say to the tax services they are
prostitutes and prefer to declare themselves as dancers, masseuses or sports
coaches. Even though they are recognized by the law, they fear stigmatisation
above all. It may also lead to social injustice: for instance, the 2012 case of
a prostitute in Nuremberg who was not registered and had declared no trade and
no income; she was ordered to pay back the government aid she had received
since 2008 (40,000 - $54,392 USD).
Trivialization of prostitution?
The
hockey team of Landshut in Bavaria, called The Cannibals, has chosen the
brothel Lustra as a sponsor. The players jersey is rose, fuchsia-colored
with a symbolical pin-up and a red mouth reading: the world could be so sexy.
The leaders think this sponsor is not an ethical problem since they only deal
with professionals and not with forced women. They claim no negative reaction
from the public opinion. However they lost a paramount sponsor, the fashion
chain Whrl. In Karlsuhe, in the south-east region of the country, two young
people, aged 14, stole their mothers jewels. Once they had gathered 3,000
($4,079 USD), they bought pizzas, kebabs, gambling games and a visit to a
brothel. In Hanover, the exhibition bar-code showed an artistic project
intended to prove that paid-for sex can be genuine, with independent and
self-governing prostitutes. The project shows a prostituted woman in a red-lit
cage, with 4 million stickers on her and around her that read: Discount! Sale!
Special prices! The exhibitions spokeswoman felt the visitors uneasiness and
deplored that this practise was always
associated with constraint and crime, but many women are prostitutes willingly.
The results of the outrage of the Gellrt thermal baths
Since
the June 2007 evening party in Budapest was disclosed[63],
the fame of the Hamburg-Mannheimer has been seriously damaged as it was seeking
to reach the position of a modern insurance company. Since then, the leaders
have recognized that was a mistake, claiming that it was an exceptional case.
Nevertheless, new revelations are emerging and publicized by German media. The
conclusions of the June 2011 internal report about the trip were revealed in
2012. They set forth the various violations of internal rules committed on that
night. Not only did this reward entail a cost of 83,000 ($112,763 USD) but
many expenses were not sufficiently documented and consequently justified:
4,000 for services normally free from a Hungarian agency, 36,000 ($48,952
USD) for flight tickets (twice paid for), a score of people added on the bill
without any justification Even worse are the embarrassing disclosure of a trip
to a brothel in Majorca for 2,428 ($3,301 USD) and the stays in a Jamaican
erotic club in 2009, in 2010 and in 2011. The insurance company lost over 500
clients in 2011 after the Budapest scandal was revealed.
The
2012 year is consequently marked by the diversified modes of taxation
concerning prostitutes and the trivialization of prostitution in society. It is
also clear that Germany is still in search of a system which allows the country
to integrate and improve the working conditions of prostitutes. This is all the
more necessary as, on the occasion of the laws tenth anniversary, analysis
showed clearly the failures of regulation. A new movement is growing, after the
horror induced by the Flatrate Bordell[64] which offered unlimited sexual services
for a set price and happy hours, which questions the difficulties of
authorities to carry on their investigations as they are facing criminals
operating in legal establishments. Germany is most interested in the French
debate on prostitution and in the reflection conducted by its Dutch neighbour,
which will soon be stricter against human trafficking and forced prostitution. Discussion
is not remotely over beyond the Rhine.
Sources
- Kein
Sexsteuer fr Lovemobil-Besitzer , Die
Welt, November 27th, 2012.
-
Mdchenhndel in Deutschland , Die
Welt, December 18th, 2012.
-
Schrfere Gesetze bei Prostitution , Die Welt, December 19th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Hurst F.,
Austellung Strich-Code: Die Hure im Museum , Der Spiegel, September 25th, 2012.
|
Ghana
|
- Population: 25.5 million
- GDP per capita (in US
dollars): 1,605
- Presidential regime
- Human development index
(HDI): 0.558 (135th rank among 187 countries)
- Gender inequality
index (GII): 0.565 (120th rank among 147 countries)
- Member of the African
Union since 1963.
- No official
national statistics on prostitution.
- The
International Organization for Migration (IOM) has identified that child sex
trafficking is rampant along fishing and oil ports near Lake Volta.
- Adoption of
an immigration law in June 2012, which explicitly prohibits human smuggling and
trafficking.
- In 1998, all
types of ritualized labor were banned through an amendment in the Ghanaian
Penal Code .
- Country of
transit and destination for sex trafficking.
As of 2012, there are around 200 brothels in Ghana and 80
to 90% of the victims of sexual exploitation are girls. These girls are often
sold or bonded to the sex trade in order to provide food, shelter, and money
for their families. Ghana is endowed with gold and cocoa as natural resources
and is rising economically in areas such as Lake Volta. Yet, the International
Organization for Migration (IOM) has identified that child sex trafficking is
rampant along fishing and oil ports near Ghanas Lake Volta.
Ghana is considered both a country of transit and final
destination for sex trafficking. Women arrive predominately from: China,
Nigeria, Cote dIvoire, Burkina Faso, and Benin and are either subjected to
sexual exploitation in Ghana or transported to another country. Superintendent
Patience Quaye, director of the Anti-Human Trafficking Unit (AHTU) of the
Ghanas Criminal Investigation Department (CID), explained that Ghana is a
prevalent transit point because it is comparatively easy to obtain traveling
documents in Ghana to travel outside of the country. Consequently, Nigerian
traffickers use Ghana as a transit point to travel outside Africa to places
such as the United States (YouTube, May 2011). As a final destination, trafficking
victims are brought to Ghana and forced into either sexual, domestic (such as
fishing), or mining and quarry work.
Dr. Peter A. Wiredu, director of Ghana Immigration
Service (GIS), noted that between January 2012 and May 2012, immigrant officers
dealt with 124 cases involving migrant smuggling by the interception of
immigrant officers. Kotoka International Airport is a popular location for
immigrant smuggling (Ghana News Agency, July 6th,
2012). Since the AHTU was formed
in 2009, they have been working with other non-profit organizations in Ghana as
well as the International Criminal Police Organization (INTERPOL). The AHTU
sends INTERPOL evidence of foreign sex traffickers in Ghana, in the hopes of
tracking and punishing these perpetrators (YouTube, May 2011).
The anti-human trafficking unit
The AHTU has been working with Ghanaian government this
year to create an anti-trafficking awareness campaign. According to the 2012
Trafficking in Persons Report, the AHTU has identified 409 trafficking victims
in Ghana. In 2012, AHTU received over 117 reports of trafficking cases and
initiated 91 investigations across Ghanas ten regions.
While identification of trafficking victims is at an
all-time high, the AHTU is under-funded and understaffed. Only 16 out of the 91
ATHU investigations were prosecuted.
Police officials of the AHTU division are the only people who are able
to prosecute human trafficking cases (U.S. Department
of State, 2012). In order to
strengthen victim protection in Ghana, the AHTU needs more government funding
and a larger police staff.
Prosecution of offenders
From a legal perspective, the 2005 Ghanaian Human
Trafficking Act was amended in 2009 to adhere the definition stated in the 2000
United Nations Trafficking in Persons Protocol which: prohibits all forms of
trafficking and ensures anywhere from five to twenty years of prison for
trafficking convictions. Before Ghanaian President John Evans Fiifi Atta Mills
died in July 2012, he worked to pass the Immigration Act of 2012; a law that
explicitly forbids human smuggling and trafficking (Modern
Ghana, September 8th, 2012).
A national human trafficking conference, on July 5th
and 6th 2012, focused on the theme of Building Partnerships to
Counter Human Smuggling and Trafficking in Ghana. This conference brought
together anti-human trafficking experts along with several Ghanaian diplomats
and journalists to discuss how to tackle the menace of human trafficking.
Patrice Quaye, superintendent of the AHTU, emphasized the need for collective
international efforts between the Ghana Immigration Service (GIS) and the European
Union (EU) as partners. Claude Maertan, head of the EU delegation to Ghana,
emphasized involving the United Nations Office on Drugs and Crime (UNODC) to
help the anti-human trafficking movement (Ghana
News Agency, July 6th, 2012).
The UNODC did indeed help Ghana in its efforts to reduce
the smuggling of migrants. The EU funded the project Countering Human
Smuggling and Other Irregular Migration which commenced in November of 2011
and finished in March of 2012. The GIS requested the UNODCs Global Programme
against the Smuggling of Migrants to help with the training of officers who
would implement this protocol. The UNODC and GIS thus collaborated and created
an extensive and selective three-stage training course to train future
educators of this program. The training started off with a two-day informative
workshop in November of 2011, in which 60 police officers participated. The
second stage, directly after the first, was a six-day training for 25 of the 60
officers (those with the best training potential). The third stage, in March of
2012, was a workshop for 15 of the 20 officers, and was taught by GIS and UNODC
experts. The 15 officers who passed this 3-tier training are now in charge of
educating the rest of the Ghanaian Human Trafficking and Smuggling Migrants
Units (UNODC, April 4th, 2012).
Protection of victims
Although there needs to be more services to help the
victims of sexual exploitation, especially girls, many efforts have been made.
For example, in May of 2011 AHTU and INTERPOL worked together to search 125
brothels in Ghana. As a result, five brothels were raided and AHTU officers
rescued 55 women and 65 underage girls (Modern
Ghana, September 8th, 2012). Additionally, the International Needs of Ghana (ING) network is taking
action to withdraw children from brothels and rehabilitate, counsel, and test
them for sexually transmitted infections and diseases such as HIV. In 2011, the
ING helped 500 children.
The 2012 U.S. Department of State Report on Human
Trafficking noted that the Department of Social Welfare in Accra has funded the
creation of a shelter for sexually abused children. Jones Owusu Yeboah is the
director of an Accra-based non-governmental organization, which works in
collaboration with the police to rescue and take care of orphans and create
awareness for child trafficking. He has urged parents and guardians of children
not to be influenced by money in terms of handing their children to sex or
labor traffickers (Suhum Kraboa
Coaltar, May 8th, 2010). Furthermore, the
AHTU has created outreach programs in the Volta region with the Ghanaian
Governments Ministry of Women and Childrens Affairs and local NGOs (U.S. Department of State, 2012).
The Ghanaian Anti Human Trafficking and Child Protection
Coalition was established in 2009 in collaboration with international NGO, Free
The Slaves (FTS). This collaboration serves as a platform to address child
labor issues in Ghana. It is comprised of 25 organizations addressing different
types of child slavery: commercial sex, gold mining, fishing, and cocoa. This
coalition tackles the need for rehabilitation centers for children. The
coalition also works to provide trainings to agencies that work in industries
where child exploitation is common.
Sekondi-Takoradi Sea Port: oil revives prostitution
The economic growth of the Sekondi-Takoradi (capital of
the Western region of Ghana) oil port this year has unfortunately corresponded
with the growth of crime, corruption, and sexual exploitation in this area. In
2011, President John Evans Fiifi Atta Mills worked to turn the Sekondi-Takoradi
seaport into an international oil port. As of 2012, the Sekondi-Takoradi oil
port is considered an international center of commerce. As expat oilmen have
come into the region, prostitution and sex trafficking in Sekondi-Takoradi has
increased (Radio Netherlands Worldwide Africa, February
6th, 2012). While
many girls are being internationally trafficked against their will, some junior
high school female students in Sekondi-Takoradi are willingly joining
prostitution rings or social clubs. Fautstina Otabil, Deputy Western Regional
Director of the Department of Women and Children, blames the trend of girls
willingly entering prostitution rings on parental neglect and the lack of
social protection (Modern Ghana,
August 10th, 2011).
Powerful politicians and social figures in Western Ghana
have advocated for the protection and prevention of Ghanaian youth being drawn
to prostitution. Nana Kofi Mbeah, the Sekondi-Takondari Metropolitan Director
of Education (MDE), urges parents to be proactive and let their daughters know
the risks of entering these social clubs (Ghana Business News, January 20th, 2012).
Awulae Attribrukusu, President of the Western Region House of Chiefs, is
working to engage parents in constructive ways to influence the younger
generation. Attribrukusu has mentioned the idea of putting a curfew on children
as a way of keeping them away from nightclubs (Radio
Netherlands Worldwide Africa, February 6th, 2012). Juliana Azumah-Mensah, Minister for
Women and Childrens Affairs in Ghana, urges the combined efforts of parents,
churches, and civil society in combination with the government in order to
combat child prostitution (Global
Times, July 11th, 2012).
Trokosi slave tradition
Trokosi is an Ewe (language
spoken in southeastern Ghana) word, which translates to slave of the gods. In
certain animist villages near the Ghana-Togo border, when a man commits a crime,
such as stealing, he can only receive religious absolution for the crime if he
sends his virgin daughter to the local fetish priest (The
Welles Report, March 29th, 2012). Fetish priests
are magical spiritual medians found in Ghana, Togo, and Benin. They perform
rituals to communicate and seek the favor of the god of the shrine. The
majority of trokosi are taken into slavery before puberty and some are taken to
the shrines as young as four years old (Every Child Ministries, 2011). The cost of this absolution is the daughter becoming the priests trokosi (or slave who works in the field
by day and is frequently raped by the priest by night). Several variations of
the rite of trokosi exist but most consist of being stripped of clothes and
jewelry in front of several old men. These women must serve a lifetime of
enslavement for the alleged crimes of their relatives. When a trokosi slave
dies, her daughter must replace her (The Welles
Report, March 29th, 2012). In 1998, all types of ritualized labor (including trokosi slavery)
were banned through the Criminal Code Amendment Bill. In 1999, International
Needs Ghana (ING) negotiated the liberation of 2,000 trokosi. At the same time,
it was noted that over 3,400 still remained in bondage in Ghana in 1999 (Human Rights Brief, 1999). Over
a decade later, in March of 2010, it was estimated that 2,200 females were
still bonded to shrines as trokosi in Ghana. Without the intervention of
non-governmental organizations, such as Every Child Ministries, this practice
will never be eliminated.
Every Child Ministries, headed by Lorella Rouster, is a
non-governmental organization which has been working to free trokosi slaves and
provide them tools to transition them to the liberated lifestyle. In the past
twelve years, this organization has freed 500 Trokosi slave women and 5,000
slave children. In order to transition the freed women into modern Ghanaian
society, they teach them vocational, life skills, and Bible studies courses.
They also provide counseling and temporary shelter for these women. A current
initiative for Every Child Ministries was the 2012 purchase of a plot of land
on the Ghana-Togo border. Currently, Every Child Ministries volunteers are in
the process of constructing three rehabilitation buildings on this plot of
land. By August 2013, Every Child Ministries hopes to have the rehabilitation
centers up and running. In order to reach the projected goals for 2013, Every
Child Ministries needs to raise an additional $26,000 USD as well as find a
construction team (Mission Network News, June 18th,
2012).
Of the 25 million people living in Ghana, 28% of the
population lives below the poverty line (Feed
the Future). This
high rate of poverty, in combination with limited educational and social
resources for the poor increases the chance of a child being drawn to
prostitution. To combat human
trafficking in Ghana it is recommended, by the 2012 Trafficking in Persons
Report, that Ghana increase its efforts to investigate, prosecute and convict
trafficking offenders and standardize law enforcement data across the Ghanaian
Economic and Organized Crime Office (EOCO), the Anti-Human Trafficking Unit
(AHTU), and the Ghana Immigration Service (GIS) (U.S. Department of State, 2012). It is also necessary for non-governmental organizations, such as Every
Child Ministries, to receive adequate funding to allow for the creation of
rehabilitation centers to aid victims of human slavery.
Sources
- Child
prostitution is a major challenge in Ghana: Minister , Global Times, July 11th,
2012.
- Ghana
criminalises migrant smuggling , Ghana
News Agency, July 6th, 2012.
- Help Stop the Commercial Sexual Exploitation of
Children , International Needs,
December 2011.
- Oil Revives
Prostitution , Radio Netherlands
Worldwide Africa, February 6th, 2012.
- Rehab center to
bring sex slaves hope , Mission
Network News, June 18th, 2012.
- Spate of Prostitution in Takoradi worrying Ms.
Otabil , Modern Ghana, August
10th, 2011.
- Students
in Western Region forming prostitution rings – Education Director , Ghana Business News, January 20th,
2012.
- Tackling Human
Trafficking , Modern Ghana,
September 8th, 2012.
- The
Human Trafficking Situation in Ghana , YouTube, documentary (551), May 25th,
2011.
- UNODC assists Ghana to enhance its response against
the smuggling of migrants , UNODC,
April 4th, 2012.
- Workshop
on Child Trafficking – Ghana , Suhum
Kraboa Coaltar, May 8th,
2010.
- Aird S. C.,
Ghanas Slaves to the Gods , Human
Rights Brief, Vol. 7, Issue 1, Article 3, 1999.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Every Child Ministries, Answers to Questions Frequently Asked about
the System of Slavery Known as Trokosi, 2011.
- Mawusi M., Everyones Problem—The Issue of Shrine
Slavery, Every Child Ministries, 2012.
- Obeng-Odoom F., Political-economic
origins of Sekondi-Takoradi, West Africas new oil city , Urbani Izziv, Vol. 23, n.2, 2012.
- Rittenhouse E., Trokosi: Todays Slavery , The Welles Report, March 29th,
2012.
- U.S. Department of State, Trafficking
in Persons Report, June 2012.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- Free the Slaves – Ghana
: www.freetheslaves.net/ghana/
- U.S. Governments Global Hunger and Food Security Initiative, Feed the
Future – Ghana : http://www.feedthefuture.gov/country/ghana
|
Greece
|
-
Population: 11.4 million
- GDP per capita
(in US dollars): 22,083
-
Parliamentarian regime
- Human development index
(HDI): 0.860 (29th rank among 187 countries)
- Gender inequality index (GII): 0.136 (23rd
rank among 147 countries)
- Member of
the European Union since 1981.
- No official national statistics on prostitution.
- According to the municipality, more than 315 illegal
brothels were identified in Athens in 2011.
- Regulationist regime.
- The law obliges prostitutes to have regular medical exams
by public health doctors. Male prostitution and procuring are illegal.
- The decrease in subsidies for distribution programs of
syringes and preservatives has contributed to the increase of infection cases
of HIV/AIDS by 57% between 2010 and 2011.
- Country of origin, transit and destination for human
trafficking.
- Female victims of trafficking are native to Eastern
Europe- Albania, Belarus, Bulgaria, Lithuania, Moldavia, Romania, Russia,
Ukraine and progressively more, Asia and Africa; including Maghreb.
The
unemployment rate has more than doubled since the 2010 economic crisis. In
fact, it reached 25% in July 2012.
Statistics
show that there are more unemployed women than men, which is not a new
phenomenon. Greece has always been the European country with the widest gap
between male and female unemployment.
It is
interesting to note that despite a decrease in employment rates, less women
than men lost their jobs between 2009 and 2012.
It is,
therefore, no longer uncommon for only the woman in the family to work. This
breaks with the stereotype of the woman at home and the man at work, which to a
certain extent demonstrates a positive evolution in the Greek patriarchal
society. However, the Secretary of State in charge of gender equality in the
2009-2012 administration expressed her concern about domestic violence against
women. During her term she established shelters, counseling centers and a
hotline to end this scourge.
Politically,
there are 63 women in the Greek Parliament which represents 21% of the members
of Parliament. As a matter of comparison,
women represent 27% of the members of Parliament in France (TV5Monde, December 6th,
2012).
A bankrupt State
The Greek
State faces severe economic difficulties since the 2010 crisis. The extreme
austerity measures implemented by the government aimed at cleaning up public
finances caused an increase in suicides and murders (La
Tribune,
April 19th, 2013).
In addition,
as it is liable to repay its huge debt, the Greek state is no longer able to
infuse financial aid to areas that need it, even in the case of its
prerogatives.
In 2012, an
elementary school and an amateur soccer club were victims of this situation.
The elementary school needed a new copy machine, books for the library and
various supplies. The soccer club needed a new sponsor. The answer to their
problems came from the same person: a soccer fan
who was also a client of the lawyer who
chaired the board of the parent and school
association for the elementary school. It
turns out that this woman was the manager of two brothels. She signed a check
for $4,089 USD (3,000 ) for the school and gave $1,363 USD (1,000 ) worth of
jerseys to the soccer team: the jerseys were pink and had the name of the
brothels written on them. She also promised a special moment in one of her
establishments if they won. The reactions made them act quickly. When the
director of the school discovered the source of the funding he refused the
donation declaring that What is legal is not necessarily moral. We must protect
our children. He added that he regretted the downfall of the State (Libration, November 9th, 2012). As for the soccer club,
its organizers forbade the players from wearing the pink jerseys during the
games considering that the contract with the brothel manager opposed sports
ideals and was bad advertising for young fans.
Prostitution
is not suffering from the crisis in Greece. It seems that its revenue,
generated from human trafficking and violence against women, could take place
alongside international aid, now that Greece does not seem capable of
fulfilling its obligations.
Prostitution: the boom of illegal brothels
In Greece,
prostitution is legal, but regulated. The installation of a brothel is done
under the responsibility of local authorities.
The law
mandates medical checkups for prostitutes. Male prostitution and procuring are
illegal, organized prostitution must respect laws on brothel installation. Clients are
not subject to any legislation.
During the
past decades, illegal prostitution has strongly increased because of illegal
immigration and the fall of communism.
Authorities
confirmed that very few brothels are licensed. The number of foreign
prostitutes has multiplied by 20.
Prostitution
revenues in Greece have been estimated to $10 billion USD (7.5 billion ) per
year, which defines Greece as a major hub for human trafficking.
In 2003,
before the Olympics Games of 2004, more than 230 brothels were legally
installed adding to the already existing 600. Since
then illegal prostitution has continued to increase (MyEurop/info, December 5th, 2011). Athens city administration
declares that at least 315 illegal brothels operate in the capital. The city
has pleaded for the national government to soften licensing laws for legal
brothels. (Irish Examiner, May 3rd,
2012).
Eradicating human trafficking: a lack of efficiency
Between 1990
and 2010, more than 200,000 women and children were victims of human
trafficking. The women are often purchased in the Balkans for the price of $600
USD (447 ) and are obliged to have intercourse from 30 to 100 times per day (La Tribune, April 19th, 2013).
Greece is the main transit country for illegal immigration within the European
Union, and thus for human traffickers
transporting women from Eastern Europe. Greece is also a destination country
for female and child victims of sexual exploitation. They come from Eastern
Europe (Albania, Belarus, Bulgaria, Latvia, Lithuania, Moldavia, Russia,
Romania and Ukraine) and more and more from Asia and Africa (including Northern
Africa).
An NGO
observed that some adolescents, especially children from Afghanistan, Pakistan,
Somalia and other African countries are forced into prostitution in Greece.
Police reports
recount the process of traffickers who use the romantic disappointments of
young girls coming from Albania or Romania in order to attract them and promise
them a romantic relationship, but in reality, have the purpose of forcing them
into prostitution in Greece. The police explain that most gangs of traffickers
are often related with bars, clubs, hotels, use restaurants, night clubs and
yacht-renting companies as fronts for money
laundering. According to the 2012 U.S. Department of State Report on Human
Trafficking, the Greek legislation does not fully comply with the international
standards against trafficking. However, the government managed to identify many
trade victims. In 2012, 27 traffickers were convicted (19 in 2011) and 16 were
absolved (14 in 2011).
According to
the 2013 U.S. Department of State Report on Human Trafficking, courts often
alleviate the charges on procurers preferring to fine them instead of
sentencing them to prison. Unfortunately, the report fails to explain as to why
the courts choose to do this. Due to the financial crisis, government funds for
NGOs against human trafficking have completely ceased. However, the Minister of
the National Center for Health and
Social Solidarity (CNSS), in cooperation with several NGOs, established
shelters capable of welcoming 80 victims. The Greek law of 2002 and the
Presidential Decree of 2003 prohibit human trafficking with the purpose of
sexual exploitation and impose sentences of up to 10 years of prison and fines
ranging from $14,178 to $71,164 USD (10,400 to 52,200 ). These fines are
proportional to those applied to other crimes of the same magnitude, such as
rape. Police efforts against human trafficking in 2011 had mixed results, due
to the fact there were many investigations but few convictions. The Greek
Police Union Against Trafficking, whose chief also leads the Union Against
Organized Crime, concentrates on the dismantling of organized crime networks,
especially those in Bulgaria, Romania, Greece, as well as in other countries,
in cooperation with the police forces of these countries. The police led
investigations on 46 human trafficking cases in 2012, of which six concerned
forced labor, this demonstrates an increase compared to the 41 investigations
conducted in 2011. In 2012 the Greek authorities prosecuted 177
traffickers compared to the 220 in 2011. The sentences for trafficking range
from 1 to 18 years in prison. The fines reach $142,464 USD (104,500 ). Many
judges and prosecutors lack knowledge on human trafficking and do not show a
lot of sensitivity towards the victims. Nevertheless, NGOs reported an
improvement in the situation. In addition to their support in convicting
traffickers, they have also played a key role in assisting victims, including
legal and psychological assistance, as well as paying their fees. It has been
suspected that local police officers are guilty of accepting bribes from
traffickers, but the government has not conducted any investigations in the
matter. In 2012, government protection for victims decreased.
AIDS – Prostitutes rights are being violated
Public health
is significantly affected by the crisis. Between 2009 and 2011, the Ministry of
Healths budget decreased by 23.7%. During that same period many unemployed
citizens had to shift from private to public health care, but public health
care has experienced many budget cuts and has become more expensive. According
to the U.S.-Greece study of April 18th, 2012, cutting funds for
syringe and condom distribution programs contributed to a 57% increase in VIH
infections between 2010 and 2011 (La
Tribune, April 19th, 2013).
On May 3,
2012, Greek authorities arrested 16 female prostitutes between 20 and 30 years
old: 13 Greeks, 2 Bulgarians and 1 Russian. After a forced screening they were
diagnosed as HIV-positive and were detained the next day for attempted serious
bodily harm (Le Monde, May 4th,
2012). The young women denied having knowledge of their HIV infection. These
forced screenings were established after a young Russian prostitute was
discovered to be HIV-positive in late April.
Serious
concerns were raised on the stigmatization of those in custody, HIV-positive
and victims of daily sexual violence. The director of Mdecins sans Frontires stated that they are victims and not
criminals. In fact, a prosecutor decided to release the names, photographs, and
HIV test results of those women taken into custody on the Greek polices
website. (Irish Examiner, May 3rd,
2012). This publication's goal was to alert men
who might have had intercourse with one of the women so that they would get
tested as well. According to Positive
Voice, an NGO defending HIV-positive people, many were shocked by this
clear violation of medical confidentiality and of human dignity.
Amnesty International expressed concern about the measures exposing prostitutes to
violence and stigmatization. The Center
for Disease Control and Prevention (CCMP) tested over a hundred
prostitutes that were potentially exposed to HIV. These included regular or
occassional prostitutes, often, drug addicts. The Center also received 1,500
calls from men worried about the health regulations in the brothels they
frequent or who recognized a woman in the photos published.
Some
organizations protecting prostitutes emphasize that many clients and procurers
force women to accept unprotected sex in exchange for more money. Prostitutes
also have clients who are minors and do not know much about sexually
transmitted diseases. (LHumanit,
June 15th, 2012).
The Greek
Minister of Health, Andreas Loverdos expressed concern about the increasing
number of clients who ask for unprotected sex. He declared it as a public
health issue.
The Greek
Minister of Citizen Protection explained that it was a matter of prostitutes'
privacy rights against the general right for public health protection.
Curiously, the acknowledgement of a danger towards public health came a few
days before the local elections in Athens (Le
Monde, May 4th, 2012).
HIV/AIDS
remains a taboo subject in Greece where no youth prevention campaign exists.
This policy led by the government risks causing the opposite effect than
expected. It discourages at-risk people from getting tested due to the fear of
being tracked, a fear that will only expand the epidemic.
According to
the CCMP, 954 new HIV/AIDS infections were detected in 2011, a 57% increase
compared to 2010. The authorities expressed their concern about illegal
prostitution and drug use that are conducive to the spread of the virus.
Elections took
place just after and Andreas Loverdos called to the next administration to
criminalize unprotected sex in brothels. (Irish
Examiner, May 3rd, 2012).
The governments efforts: a prevention campaign
The government
has implemented a campaign against human trafficking on national TV and radio
stations in order to raise awareness by addressing potential victims of human
trafficking. This campaign incites victims to seek help, informs them of their
rights and announces their protection benefits. It also states the penalties
that traffickers are subject to.
With the
cooperation of the United Nations
Childrens Fund (UNICEF), the government launched awareness campaigns to
fight against child sexual exploitation.
However, the
State lacks an organization for central coordination that would be capable of
measuring the efficiency of these campaigns.
Sources
- Grce:
Amnesty proteste contre lincrimination des prostitues sropositives , AFP, May 17th, 2012.
- Grce:
seize prostitues croues pour crime de sropositivit , Le Monde, May 4th, 2012.
- Greek police
arrest HIV-positive women accused of prostitution , Irish Examiner, May 3rd, 2012.
- Quand prostitution rime avec
soccer , RDS.ca, October 18th,
2012.
- Stop
la mise au pilori des femmes sropositives en Grce , LHumanit, June 15th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Gergel P., Largent de la
prostitution, dernier recours face aux dfaillances de lEtat grec , Libration, November 9th, 2012.
- Mac Con Uladh D.,
Prostitutes, migrants rounded up in Greece , Irish Times, May 3rd, 2012.
- Renier R., Suicides,
criminalit, sant... l'austrit engendre un drame social en Grce , La Tribune, April 19th,
2013.
- Sarret C., En Grce, lEmploi fminin rsiste mieux la
crise , TV5 Monde, December 6th,
2012.
- Tixier F.,
Cornet C., Fraleux D., Lefebvre J.S., Delpine L., Lucas G., Darcy M.L.,
Tselikas E., Truc O., Prostitution : De plus en plus de pays pnalisent les clients , MyEurop/info, December 5th,
2011.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
|
Guatemala
|
- Population: 15.1 million
- GDP per capita (in US dollars): 3,368
- Unitary State with a Presidential regime
- Human development index
(HDI): 0.581 (133rd rank among 187 countries)
- Gender inequality index (GII): 0.539 (113th rank among 147
countries)
- No official national
statistics on prostitution.
- 15,000 minors as victims
of commercial sexual exploitation (2008 assessment).
- Prostitution of minors
is prohibited but is not a crime for adults. Procuring is prohibited.
- In February 19th,
2009, a law against sexual violence, exploitation and human trafficking was
established (9-2009 decree)
- Country of origin,
transit, and destination for international human trafficking. Illegal
adoptions, other forms of trafficking remain despite a significant decrease.
According to
official sources, poverty, which concerned 56% of the total population in 2000,
had decreased to 51% by 2006. By 2011 it had climbed back to 54%. 71% of rural
populations suffer from poverty or extreme poverty (ENCOVI). For the year 2012 only, 6,024 murders were registered in
Guatemala, 5,317 men and 707 women (INACIF).
Violence also strikes down children: according to a 2012 survey for the Comision
Nacional contra el Maltrato Infantil (CONACMI), 11,000 children have been
victims of sexual assaults. This figure is considered to be widely
underestimated.
Mirna
Montenegro, the director of the Observatorio en Salud Reproductiva
(OSAR)[65],
draws attention to the rising number of young female
victims of rape and pregnancy at 9 years of age. During the last three years,
mothers between 10 and 17 have given birth to 135,808 babies. Among this group,
40,742 girls have delivered a child after a rape, which represents more than
one third of the total babies- all of whom do not survive. The OSAR establishes
a link between poverty and early motherhood, which is an obstacle for schooling
and reduces access to the labor market: 40% of
these young minors were single mothers, 60% didnt attend school and 80% worked
in the informal sector.
Violence
against women is increasing. The traditionally accepted machismo reduces women
and children to objects, merchandise at the mans disposal. It institutes a
superiority of men over any other family member. It tends to undermine the family
relations of the most vulnerable populations. In January 2013, Sebastin
Elgueta, an Amnesty International researcher for Guatemala, recalled that if
one does not prevent violence nor prosecuting the people responsible for it, it
is like conveying a message saying that it is allowed to murder women. Most of
the time, by fear of retaliations, violence is not followed by complaints and
even less so by penal proceedings.
The worsening
of the situation has led to a major international and national mobilization
against violence, highlighting violence against women. Before 2008, violence
against women was, as far as the law was concerned, private business, thus
tolerated by the State. The April 2008 law against femicide[66]
and other forms of violence against women (22-2008 decree) show an important
shift by the heavy punishment handed out to those responsible for physical,
sexual psychological and economical violence against women. A judge was
specially appointed in 2011 to fight against the murder of women and three
additional judges were added in 2012. However, Amnesty International observes
that: the 2008 law against the murder of women and other forms of violence
against women that created, among other measures, special courts to deal with
this type of violence, seems to have had small impact on reducing violence
against women and on the obligation for those responsible to be accountable for
their actions. These femicides very often come with acts of cruelty and
barbarism reported almost daily by the press.
The multiple causes of commercial sexual exploitation
In
such a context of poverty, unpunished violence and machismo, it is easy to
understand the development of commercial sexual exploitation and of human
trafficking. Trafficking aimed at sexual exploitation is directly linked to
organized crime whose activities, one can imagine, comprise commercial sexual
exploitation.
Guatemala,
like other Central American countries (Salvador, Honduras, Nicaragua), is a
source for international trafficking towards Mexico, the USA, Jordan, Spain, as
well as a transit country and a destination for young girls and foreigners.
Illegal
immigrants who are driven back to the Guatemala-Mexico border, a passageway to
the USA, are easy prey for networks. Networks recruit young women and minors,
mostly girls, in rural areas to sell them in cities in Guatemala or abroad. Sex
tourism is starting to appear in some tourist areas.
Young
girls and women from disadvantaged backgrounds are targeted by networks for
commercial sexual exploitation. The lack of resources in some families drives
boys and girls to engage in activities to earn a living. In the context of
increasing extreme poverty, some discriminated and illiterate families decide
to sell the daughters into prostitution. Because of the armed conflict (1960
– 1996), young, Mayan girls have engaged in prostitution whereas previously
they were not involved in this activity. Some parents leave their daughters
with strangers who lure them with the promise of work, but in fact lead them
into prostitution. Some aging mothers, prostitutes themselves, and hand over
their daughter to this activity as a sort of legacy. Many children grow up in
an environment filled with criminal violence, trafficking and high levels of
drug consumption, so much so that prostitution is considered like any other
means to make a living.
A
man paying for intercourse with men, women or children is broadly accepted by
the people. Yet, after years of silence, the situation is starting to change.
The February 19th, 2009 law aimed at making the national legislation
consistent with international treaties Guatemala ratified has been approved
unanimously by Parliament.
The legal status of prostitution in Guatemala
Prostitution
is prohibited for minors. It is not an offense for adults if it results from an
arrangement between the client and the prostitute; however, procuring
activities are prohibited.
The law of
February 19th, 2009 against sexual violence, exploitation and human
trafficking (9-2009 decree) aims at preventing, repressing, punishing and
eradicating sexual violence, exploitation and trafficking in human beings, and
at taking care of, protecting and compensating the victims of the damage done
(CENADOJ).
The
enforcement measures of this law constitute a major step forward in the fight
against commercial sexual exploitation. The definition of sexual assault has
been broadened and the conviction of culprits according to the victims age has
been toughened.
The 202ter
article of the Penal Code of Guatemala dealing with human trafficking prohibits
abducting, transporting, transferring, locking up, welcoming or receiving one
or several persons with the aim of exploiting them. The sentences range from 8
to 18 years of prison. The delivered sentences are:
- in 2011 - 11 cases, the
Public Ministry had received 206 denunciations
- in 2012 - 12 cases, the
Public Ministry had received 206 denunciations
La Secretara contra la
Violencia sexual, Explotaciόn y Trata de personas
(SVET) was created in 2009 to coordinate the laws provisions. The Restitution of the
Victims Rights Program (PREVET), created by the previous administration,
referred to a fund for compensating victims, but was not given any detail in
the SVET. Within the framework of PREVET, a shelter for victims opened,
dedicated to the victims of trafficking sent by the courts. Very few victims of
human trafficking are recognized each year because very few file complaints for
fear of retaliations and because of a lack of trust in the legal system, which
has very slow proceedings. The PREVET was closed in February 2012 due to too
high operating costs.
The SVET is
now seen as more of an entity in charge of coordinating the different
institutions in order to intensify prevention and strengthen the protection of
the victims of sexual violence and trafficking. It strives to make sure that
each ministry takes on its responsibilities. Its 2012 budget, coming from the
States budget, reached 5 million GTQ (around $680,200 USD).
Financial help
from international organizations to carry out one-time actions, seminars
campaigns, etc. add to that total.
The 2013 U.S.
Department of State Report on Human Trafficking assesses that, despite the
ongoing efforts of the government to fight trafficking, the police and the
public prosecutors lack necessary funds and skilled staff. The National Police
unit specialized in investigating sexual crimes, human trafficking, and missing
children has only four investigators for the whole country. Corruption of
public servants prevents anti-corruption laws from being strengthened and
favors activities linked to trafficking by ID counterfeiting, information leaks
about scheduled police operations, and neglecting to check on commercial
websites involved. According to this report, most NGOs remain critical about
the governments capacity to spot and identify victims of trafficking. Nonetheless,
the Ministry of Foreign Affairs has facilitated the repatriation of 50 victims
to Guatemala as well as the voluntary repatriation of five victims to Colombia.
In December 2012, judges specializing in trafficking
offenses were trained. A specialized police unit has been created and should
start operating in January 2014. Its task will be to improve the investigations
carried out against trafficking and sexual violence offenses. The SVET seeks to
improve the way the victims are taken care of, which is still defective. In
some cases, the victims are taken care of even if the verdict has not yet been
overturned. Since 2011, the victims who require a particularly high level of
protection are guided towards El Refugio or the Fundacion
Sobrevivientes.
The wretched areas of prostitution in Guatemala Ciudad
One can
observe the strong intertwining of crime, drugs and prostitution: they are
developing in some neighborhoods, which are becoming ultra-violent and where
gang confrontations (maras or pandillas), thefts, money
extortion, illegal confinements, severe wounding and murders come one after the
other. In some places, minors are exposed to the propositions of adult clients.
Drugs, legally prohibited, are easily accessible: glue, crack, cocaine,
medicines Most of the prostitutes take hard drugs and drink alcohol. In some
bars, alcohol is part of the activity of the prostitutes: they have to
encourage the clients consumption of alcohol, which brings in more money for
the bar owner. The actions of the police are widely considered as inefficient:
the police pass by, trafficking carries on
This type of
prostitution is a means of survival: the prostitutes earn, depending on their
age and the service they provide the client, between 30 and 50 GTQ ($4 to $7
USD) per trick. They all have to pay those who really benefit from
prostitution: brothel owners, procurers – sometimes women who also
prostitute themselves occasionally - bodyguards who protect them from
extortion. Other considerations for the prostitutes include the feeding of
herself and her children, childcare if the child does not live with its mother
and providing support to the rest of the family in town or back in the village.
Some children are left with a nanny, but this type of child care is not
regulated so does not offer a guarantee of good care.
Many prostitutes have to live in hotels where they pay
rent daily. Out of a sample of 100 mothers who prostitute themselves in the
capital city, 40 keep their children close to them day and night in bars/brothels. Among
them, 55% have three or more children It was too difficult to work on a larger
sample given the impossibility to access some rooms and brothels where children
are kept hidden.
Prostitution
carries major health risks such as HIV/AIDS and other sexually transmitted
diseases. It is feared by this population, which cannot always be protected
from contamination due to a lack of information or to the client who may be
HIV-positive but refuses to use a condom. Some clients look for minors because
they manage to obtain unprotected sex more easily. Prostitutes get paid more
and often accept, because they are unaware of risks or
are under the influence of drugs.
Sketching an assessment
Despite recent
and genuine efforts by the government, most prostitutes remain slaves trapped
in a situation with no exit. Abandoned and vulnerable they do not have the
means to escape from a world of criminal violence of which they are the first
victims. It is necessary to point out that these mothers are incapable, without
exterior support, to give their child a proper future. However, violence
prevents them from finding exterior support. As a result, chances are that the
children will be caught in the same spiral if large scale counter measures are
not implemented. It is a tragedy and a threat to the present and the future of
the country.
Sources
- Amnesty
International, Annual Report 2012,
2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- ECPAT Guatemala, Trata de personas y explotacin sexual, Guatemala, 2010.
- Manz B., Centro
Amrica (Guatemala, El Salvador, Honduras, Nicaragua, Patrones de violaciones
de los Derechos Humanos, Writenet, August 2008.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- Centro Nacional de Anlisis y Documentacin
Judicial (CENADOJ) : http://www.oj.gob.gt
- Comisin Nacional contra el Maltrato Infantil
(CONACMI) :
http://www.conacmi.org/inicio.html
- Instituto Nacional de Ciencias Forenses
(INACIF) : http://www.inacif.gob.gt/ .
- Instituto
Nacional de Estadstica (INE), Encuesta Nacional de Condiciones de Vida
(ENCOVI), http://www.ine.gob.gt/np/encovi/encovi2011.htm
- SVET Guatemala : http://www.vicepresidencia.gob.gt/svet/
|
Haiti
|
- Population:
10.6 million
- GDP per
capita (in US dollars): 771
- Parliamentary
regime
- Human
development index (HDI): 0.456 (161st rank among 187 countries)
- Gender
inequality index (GII): 0.592 (126th rank among147 countries)
- No
official national statistics on prostitution.
- Predominance of survival prostitution. Recent
emergence of prostitution for the least deprived who are attracted by the
immediate consumption and luxury.
- The law-decree of 2005 criminalises rape and sexual
aggression.
- Country of origin, transit and destination for human
trafficking.
Haiti is the poorest
country in the Caribbean. It is also the smallest territory with only 27,750 km², half the size of the
Dominican Republic. As a result of the January 2010 hurricane, public
health has been seriously endangered, farming production drastically
diminished, and poverty aggravated. As humanitarian supports have been reduced,
the country cannot overcome the terrible problems which it is going through,
even more so since every year, new floods and hurricanes hinder developing
urban and rural structures that are adapted to climatic conditions and local
topography.
Camps of displaced citizens
Three years after the earthquake, life in camps hardly
improved and although the government launched a program to close the camps in
summer 2011, the same camps are simply rebuilt elsewhere and becoming shanty
towns on the outskirts or inner suburbs, while their flickering population
suffers from extreme destitution and a severe lack of hygiene and resources.
Social and sanitary services are themselves far too deficient in staff and means to take charge of the
specific needs of these populations and humanitarian organizations are lacking.
According to
the 2013 report from the French Ministry of Foreign Affairs - France Diplomatie, between October 2010 and 2012, cholera accounted
for 7,100 deaths out of the 530, 600 registered. And in the same report, it is
noted that 3/4 of the population live in poverty, half of whom live on $1 USD a
day.
New forms of prostitution
Prostitution
has never been regulated in Haiti. Survival prostitution goes on in the country
and in camps, involving mothers as well as daughters, and more often street
children. From 2012 on, prostitution expanded to a new type of population, less
out of destitution than for want of immediate luxury items.
Even
worse: if, according to the United Nations Development Programme (UNDP), 40% of
Haitians own a cell-phone or are web-connected device, these media make the
prostitution supply-demand easier (Haiti Press Network, January
13th, 2012). This mainly implies that it is
young students who prostitute as a way to pay for their school fees as well as
to buy trendy clothes or attractive items. Hence, to a lesser extent, the North American system of sugar daddies[67]
is recreated, while the risk still remains of being caught up by procurers and
being brought to Cuba. And this type of prostitution, from individual to occasional, is
gradually shifting to procurer nets. The center of the country is badly hit by
this new phenomenon (AlterPresse, December 19th,
2012). At Hinche, capital of the center region, not
only are hostess-bars, restaurants and brothel running at all times of the day
and night, but now female prostitution takes place in private homes in town, in
suburbs and around the Western coast, in places such as Mirebalais, Thomonde or
Thomassique. So much so, that the director of the Journalist Union asked the
authorities to eradicate prostitution in the region.
As
an answer, the government commissioner invited the citizens to inform the
police of prostitution cases. To what a pathetic result! About ten people were
arrested in Hinche for implied juvenile sex trafficking, which did not stop the
phenomenon from expanding.
A new type of sex tourism coming forward
Sex
tourism such as in Cuba or in Dominican Republic, does not seem to exist in
Haiti, nor are there facilities opened to sex tourism, such as sea-resorts,
hotels, bars, discos, or holidays camps. Yet, the dramatic consequences of the
2010 earthquake still go on and occupy the best intentioned official services
for support and protection of civilians.
The increasing number in United
Nations Stabilization Mission in Haiti (MINUSTAH), which grew from 7,000
soldiers in 2009 to 12,200 in 2012 (among whom 2,700 are police forces, coming
mainly from South America), at times lead to serious problems.
In
2011, scandals erupted when young boys and girls were gang-raped by UN soldiers
in camps and villages. Under villagers pressure, the soldiers were sued and
those found guilty were punished by penal and military courts. Meanwhile, the
denunciation of prostitution organized inside military camps, gave rise to an
investigation conducted by the staff of MINUSTAH, but to no avail. Concerning
prevention, orders have been given to the local police to improve the security
of displaced populations and to the MINUSTAH officers to control their mens
behavior.
Apparently
homosexual prostitution seems to be promoted by a discrete organization. Very
young men, often as young as teenagers (toulesbagay,
fewanamache, backchat, Banm afem)
are being used and openly operate in some specific areas in Port-au-Prince.
Hatien official policy
L'Institut de
Bien-Etre Social et de Recherches (IBESR), is an administrative and technical
organization attached to the Ministry for Labour and Social Affairs, and
its purpose is to respond to the
social needs of the poorest classes in the population. It consists of four Departments:
General Affairs, Administrative Affairs, Social Service, Social
Defense, each of which divided in four different sections. Three out of the four sections of the
Social Defense Department deal with minors and their families: le Service
Social Pnitentiaire (SSP), le Service de Protection des Mineurs (SPM), la
Section Accompagnement des Mineurs (SAM). The fourth section is the Service de
Contrle de la Prostitution et de lInspection which deals with the moral code
and the enforcement of social laws, responding to three goals:
-supervision,
management, and attendance inspection of cabarets, dance-clubs, bars, brothels,
and prostitute hotels, all films and published work, porn shows, radio and TV
programs.
-educating, informing, and counseling prostituted
women and organizing campaigns against venereal disease; delivering health
certificates to women; running support groups or social and professional
integration workshops. While on the other side organizing actions directly
targeted towards young and school people or talks in schools to prevent the After School (Zokiki) phenomenon going on.
-field study
with authorities; initiating coordination between charities and all
organizations involved in prostitution; think tank with representatives of
human rights organizations, civil society, local town halls and regional
services, concerning prostitution problems in Haiti. The research offices are
listing all cabarets and prostitute hotels in the country; they are studying
the etiology and geography of prostitution in Haiti; they also do regular
surveys on metropolitan prostitution. This section of ISBER does not work
directly with prostitutes but, their studies and control over prostitution
places and their reports, have a strong impact on the authorities decisions,
and the enforcement of social laws.
Womens Charities to look after the victims
Considering the increasing number of raped
girls drawn to prostitution, the Ministry of Women Condition and Rights
–created in 1995- is promoting information sessions, actions against
violence, and help for victims.
Approved and supported by the authorities,
the charity Komisyon
Fanm Viktim pou Viktim-Commission by female victims and for female
victims (KOFAVIV), runs a call center and organizes frequent campaigns to
inform and make women victims aware.
At the same time, KOFAVIV, operating
directly on the field, organizes actions dealing with the specific needs of
assaulted or mugged women: listening, speech groups, health care, accompanying
victims to the hospital, all this completed by practical help in lodging, job,
and various types of expressed needs.
KOFAVIV is also working together with a
number of womens charities offering specific or punctual services to victims,
such as SOFA- Solidarity with Haitian Women; or CAD- Support Centre for
Development.
Violence
against women and children are so common in Haiti that charities are hardly
able to address all the victims needs and the distressed appeals.
The United
States in the fight against the "gendered violence", has launched a
major program to enhance security, raise, train and organize a cell of the
Haitian National Police, and to directly help victims of violence and sexual
exploitation (care, health, and legal support in the case of prosecutions of
perpetrators).
From a
practical point of view, actions range from logistics, such as settling 800 sun
panels in Port au Prince, St Marc and other towns which are dangerous and
under-equipped in the North of the country, up to training 40 policewomen to
protect children and vulnerable in the University of Columbia.
In June 2012,
over 9,200 people among whom 113 social workers had been made aware of the
problems and more than 2,300 victims had benefited from health care, screening
for HIV-AIDS or psychological support. While, at the same time, the health services
were following up 9,000 people (U.S.
Department of State, 2012).
Yet, these actions can only take place when based on a strong political
will and they demand vigorous coordinating, especially between the health
service, Womens Rights Ministry and of main local NGOs.
Sources
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Institut de Bien-Etre Social et de Recherches
(IBESR) – Prostitution file :
- Laroche A., Hati-Prostitution : Une fausse issue de vraies difficults , Haiti Press Network, January 13th,
2012.
- Odatte R.,
Hati-Socit/Prostitution : Masqu, le phnomne tend ses
tentacules dans le Centre , AlterPresse,
December 19th, 2012.
- The French Ministry of Foreign Affairs – France Diplomatie: www.diplomatie.gouv.fr
- The World Bank : http://data.worldbank.org/country/haiti
http://www.ibesr.net/prostitution.html
|
India
|
- Population: 1.25 billion
- GDP per capita (in US dollars):
1,489
- Federal regime
- Human development index
(HDI): 0.554 (136th rank among 187 countries)
- Gender inequality index (GII): 0.610 (132nd
rank among 147 countries)
- No official national
statistics on prostitution.
- In Mumbai,
there are more than 500,000 victims of sexual exploitation, of which, 40% are
children.
- Many child
abduction victims in India. Thirteen children disappear every hour.
- Article 23
of the Constitution prohibits all forms of human trafficking and forced labor, especially
prostitution.
- Immoral Traffic (Prevention) Act punishes visible prostitution
such as solicitation and the action of prostituting oneself in public places.
Prostitution is tolerated provided that the person is over the age of 18,
consenting and dissimulates the action from the public.
- Country of origin,
transit and destination for human trafficking, especially with the purpose of
sexual exploitation.
India is one of the countries most affected by sexual exploitation in
South Asia. It has become one of the most flourishing sex industries in the
world. Mumbai, Delhi, Chennai and Kolkata are at the epicenter of this traffic.
In Mumbai, for example, according to expert estimates, there could be more than
500,000 victims of sexual exploitation, 40% of whom are children (IBN Live, March 14th, 2012).
In addition, the geographical situation of India - near Nepal and
Bangladesh - facilitates the transportation of victims, probably migrants, as a
result of the porous borders that exist between India and Nepal. Each year,
thousands of Nepalese women are prostituted in brothels to meet the demand of
the ever-growing sex industry in India.
Women and children, victims of sexual exploitation
70% of Indians living below the poverty threshold are women (University of Montreal, August 2010). Women and children are particularly vulnerable and are the first
victims of sexual exploitation. Some families in extreme poverty go as far as
selling their daughters to networks that exploit human beings or to strangers
willing to marry them without dowry.
A significant number of women become victims of sexual exploitation as
a result of human trafficking that originates through fraud or coercion. In
brothels, women are often treated shamefully, forced to offer their services to
no less than 40 men a day (Eurasia Review, 13
mars 2012).
Many children are victims of kidnapping in India. Every hour, 13
children disappear (Deutsche Welle, February 1st,
2012). Women are also reported missing to the
police. This steadily rising phenomenon can inevitably be linked to the
trafficking of children and women. Among the various forms of prostitution, a
new one is emerging: escorts. The latter provide all kinds of
"services" to tourists.
Legal framework
In domestic law, Article 23 of the Constitution of India prohibits all
forms of trafficking in persons or forced labor, especially prostitution. The
country upholds this as a fundamental protection for its citizens. India has
also introduced a special law, the Immoral
Traffic (Prevention) Act, which makes it illegal to exploit and abuse human
beings, to keep a brothel, to take advantage of the prostitution of others, to
enlist someone in prostitution, to force a person to engage in prostitution,
etc.
The law penalizes "visible" prostitution, such as the
solicitation and the act of prostitution in public places, while proclaiming
that the government should rescue and rehabilitate the people suspected of
being prostitutes. In return, the act of prostitution is not a wrongdoing in
India. It is well tolerated provided that the person engaged in this type of
activity is over 18 years old, that it is done voluntarily and in a way that is
hidden from the public.
Moreover, India is a signatory to several international conventions
and protocols to combat human trafficking and, in particular, sexual
exploitation for commercial purposes.
The police, a nonexistent ally
The victims of sexual exploitation fear the police, although the
latter are supposed to guarantee the protection of the victims. It seems that the
police are taking advantage of victims ignorance to extort money from them in
exchange for their freedom after they have been arrested. Police brutality
against women must also be reported. Often, the police do not register their
complaints, considering them to be unfounded. In addition, rampant corruption
prevails in the police, and the phenomenon is still widespread in the field of
justice.
On December 16th, 2012, the savage and collective rape of
Jyoti Singh Pandey, a 23 year old student, who died a few days after receiving
a beating in New Delhi, sparked a wave of indignation and protests in India. A
brutal and inhumane occurrence, this crime ought to achieve a reflection on the
state of Indian society and its institutions. In India, with knowledge of the
system and money, one can escape all punishments, irrespective of the magnitude
of the crime committed. Depoliticizing the police and strengthening their
professionalism are prerequisites to pushing the Indian criminal justice system
towards a more credible and effective state.
Health of the victims
The victims of sexual exploitation are likely to be struggling with
various sexually transmitted diseases, including HIV/AIDS. The use of condoms
is uncommon. Local actions can educate victims of sexual exploitation in this
regard. As an illustration, a brothel mistress, having heard about the
preventive use of condoms working with Sangram, a Sangli (Maharashtra)
association that raises awareness about the dangers of HIV/AIDS, proposed the
idea of asking prostitutes to dispose of used condoms in large buckets in order
to verify that the number of clients who used the services of the girls matched
the number of condoms collected. The aim of this action was to encourage
prostitutes to have safe sex.
The victims of sexual exploitation have usually endured several
abortions. They suffer from physical harm as a result of the daily violence
they face. Victims also display various respiratory disorders and suffer from
malnutrition due to their living conditions and the state of poverty in which
they live. In addition, they are often addicted to alcohol and drugs, which
produce added physical and psychological consequences.
Even though their health is often poor, getting access to health care
services can be difficult. It has been reported that hospital staff takes
advantage of their lack of awareness of their rights to make them pay
unjustified fees. Some prostitutes report having been abused and even forced to
have sex with doctors and social workers.
Rehabilitation work
Rehabilitation is the restoration and socio-economic integration of a
victim of sexual exploitation. This involves placement in a safe environment,
access to reasonable living conditions, physical and mental recovery,
opportunities for personal and economic development, and access to emotional
and social support.
Some NGOs are working on those matters. For example, Sanlaap, an
organization based in West Bengal, owns rehabilitation homes providing care,
protection and reintegration services for survivors (girls aged 5-24 years) in
accordance with the Juvenile Justice (Care and Protection) Act, 2000.
However, the Indian government must be more involved in this
rehabilitation work, which cannot solely depend on the efforts of a few NGOs.
Although the Ministry of Human Resource Development launched a program called
"Swadhar" for women in distress, experts remain skeptical about its
effectiveness. In the fight against human trafficking, the Government of Goa
wanted a greater cooperation with other states and with non-governmental
organizations to help the victims of sexual exploitation. These actions must be
developed more widely at the government level in India.
However, rehabilitation is only possible if the victims of sexual
exploitation have been taken out of their environment, which is not without
difficulties due to the influence and power of procurers. It is also unsure
sure whether that is what they want. Indeed, having experienced disillusionment
and disappointment, it is understandable that they become suspicious and refuse
to integrate into a rehabilitation home. Some of these houses have a poor
record in India and women are aware of that. For example, in Varanasi, one of
the houses turned into a landmark for politicians wishing to take advantage of
victims of sexual exploitation, and this occurred with the complicity of the
police.
Weapons against prostitution
To prevent the prostitution of vulnerable young girls from tribal
communities, the Bharatiya Kisan Sanghtente NGO, with the support of the United
Nations Office on Drugs and Crime (UNODC), identifies those who have expressed
a desire to move to the cities to work. They are then approached by a village
member who invites them to participate in training for cleaning and
maintenance, or to become security guards. Once educated, they are more likely
to perform a job that will allow them to become more independent and avoid
becoming the victims of sexual exploitation.
In India, marriage can be a weapon against prostitution. Women from
the village of Vadia, dubbed "the village of prostitutes", in the
state of Gujarat (in Western India), have sold their bodies for generations and
their wedding aims to break the cycle of exploitation. After young girls are
married or engaged, they are no longer forced to sell themselves.
Sources
- La
double peine des victimes de violences sexuelles dans lInde rurale , Le Parisien, December 30th,
2012.
- Madame
prservatifs , Courrier
International, August 30th, 2011.
- Addison C.,
Bombay a city of sex and sin , IBNLive,
March 14th, 2012.
- Chhetri N.-K.,
Nepalese Minors in India Brothels – OpEd , Eurasia Review, March 13th,
2012.
- Chipaux F.,
Viols, meurtres, avortement des ftus fminins La femme, ce sous
sous-continent indien , Slate.fr,
December 29th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Gauthier
M.-P., Exploitation sexuelle des fins
commerciales en Inde: expriences de femmes prostitues la gare de Varanasi,
Master's thesis in Criminology, School of Criminology, Faculty
of Arts and Sciences University
of Montreal, August 2010.
- Krishnan M.,
Delhis disappearing children , Deutsche Welle, February 1st, 2012.
- Terre des Hommes,
Sanlaap, Our stories, Reintegration
Experiences of Survivors of Trafficking and Exploitation, Kolkata, West Bengal, 2012.
- Thirani N., Meet
Aparna, Mumbais Teenage Sex Educator , International New York Times, June 6th, 2012.
- United Nations Office on
Drugs and Crime (UNODC), National Institute of Mental Health & Neuro
Sciences, Psychosocial Care for Women in
Shelter Homes, 2011.
- United Nations Office on
Drugs and Crime (UNODC), Responses to
Human Trafficking in Bangladesh, India, Nepal and Sri Lanka, April 28th,
2011.
- United Nations Office on
Drugs and Crime, Regional Office for South Asia, Journey of Hope - Prevention
of human trafficking and victim support initiatives, 2011.
|
Iraq
|
- Population: 33.7 million
- GDP per capita (in US dollars): 6,455
- Republic
- Human development index
(HDI): 0.590 (131st rank among 187 countries)
- Gender inequality index (GII): 0.557 (119th
rank among 147 countries)
- No official national statistics on
prostitution.
- Strong development of prostitution and human
trafficking after the 2003 U.S. military invasion.
- Human trafficking is prohibited (Article 35 of
the Constitution). In March 2012, a law was established in order to improve the
fight against human trafficking and develop victim protection but at the same time
increase the number of traffickers' prosecutions.
- Average age of young girls in brothels is
between 10 and 12 years old.
- Country of origin and destination of human
trafficking with the purpose of sexual exploitation.
- Trade of young virgin girls to neighboring
countries (Syria, Jordan, United Arab Emirates).
- Sexual exploitation of Iraqi refugees abroad:
50,000 Iraqi refugees are forced into prostitution in Syria.
The phenomena
of prostitution and human trafficking have grown considerably since the United
States military invasion in 2003, leading to Saddam Hussein's fall. Due to the
extreme violence from military occupation and the rise of sectarian power,
national institutions were destroyed, leaving Iraqis in a more precarious
situation. But prostitution did not come into existence after 2003. In the
1960s, prostitution was tolerated in special areas where women were subject to
health checks. Under the Baas regime, prostitution was declared illegal and
could be punished by 3 months of imprisonment for prostitutes and 6 months for
those acting as intermediaries between the client and the prostitute. During
the period when economic sanctions were imposed on Iraq, numerous widows became
free-lance prostitutes and had to live a hidden life for their own survival and
that of their families (OWFI –
2010). With the rise of radicalism in the region during the early 2000s,
numerous female prostitutes and their procurers were publicly executed.
Nowadays
prostitution is worsened by the ongoing war and by pauperism, which both make
it easier for traffickers who recruit women and children for sexual
exploitation networks.
The prostitution system and the rise of sex trafficking since
2003
Several
factors may explain the development of prostitution and human trafficking for
the purpose of sexual exploitation in Iraq. Firstly, the U.S. military invasion
created a hostile and insecure climate that contributed to the decay of
national institutions, no longer able to secure the main duty of the state,
i.e. the protection of the public.
Additionally, it is important to note the rise of extremism and
sectarianism, forced marriage, and violence against women and children, as
contributing factors that aggravated the situation. Even more alarming, between
2003 and 2007, it is estimated that four thousand Iraqi women have disappeared
from the country without a trace (Rue89,
October 2nd, 2011). Traffickers preyed on lonely women in distress.
Taking advantage of their dependencies and their vulnerability, procurers force
them and lock them into prostitution. In September 2012, the police arrested a
group of people charged with kidnapping Iraqi women – some of whom were
minors – and forcing them into brothels in Baghdad or abroad (U.S. Department of State, 2013).
Methods of recruiting
young Iraqi girls are as different as the places for prostitution. Thus, those
who are sexually exploited are generally located in the Al-Battaween areas,
known for its brothels. It could be anywhere: Gypsy or Kurdish camps, the
streets of main cities, or even in beauty parlors. It's a fact that since
January 2009, nightclubs have been employing young girls as prostitutes,
following legislation that granted them the legal authority to do so (Norwegian Church Aid, 2010).
Procurers
usually spot these girls within the Iraqi borders and then kidnap them in
public places; some taxis drivers are also responsible for spotting vulnerable,
lonely girls, and, under the guise of a helping hand, will force them into
prostitution. Girls, who are already the victims of physical and/or sexual
violence and are running away from their family, are easy targets for these
predators to trap. Naively or consciously hoping for a better living, more and
more parents are willing to sell their children to traffickers who will force
the children to work in the sex trade (Time,
March 7th, 2009).
Children sexual exploitation and worshiping virginity
Since 2003,
due to the prevailing political instability and economic insecurity in the
country, a large number of children from devastated families, found themselves
on the street, completely marginalized and left to fend for themselves. This
massive marginalization of Iraqi children steered them into criminal gangs,
already involved in drug trafficking and prostitution. According to Ali
Mussawi, President of the NGO Keeping Children Alive, many homeless children
quickly turned to drug addiction, with procurers supplying them glue in
exchange for sexual favors (IRIN, February
12th, 2007). Taking advantage of their vulnerable situation, the procurers
do not hesitate to force the children into prostitution in exchange for their
daily dose of glue or other drugs.
Sometimes,
these children are subject to strong pressure from members of their family to
enter prostitution in order to escape economic insecurity, and even at times to
solve conflicts between two families.
It is
necessary to note, when talking about the Iraqi model, that many young girls
who are practicing in brothels are between 10 and 12 years old, and
considered too old when they reach the age of 20 (SCEME, 2011). Procurers look for young virgins to increase their
profits: a virgin might sell for a few thousand dollars. Indeed, a number of
virgin girls are sold for $5,000 USD (approximately 4,000 ) and then sent to
border countries such as Syria, Jordan or the United Arab Emirates,
particularly popular destinations for procurers to search for wealthy clients (Le Grand Soir Info, August 30th,
2011). Generally, the Arab clients, especially when they are devout Muslims,
particularly value virgin girls. It is not only a symbol of purity and virtue,
but it is also a token of family honor in conservative Middle Eastern society.
In our days,
it is sad to state that sex traffickers do not hesitate to force girls into
surgery to reconstruct the hymen, in order to re-sell their bodies for a higher
price, corrupting the cult of virginity. Virginity, once a symbol of dignity
and honor, has become nothing more than a means to earn extra money at the
expense of sexually exploited, abused and humiliated young girls.
In addition,
it appears that some U.S. soldiers sexually exploit children in Iraq. Young
girls are said to have been kept captive for this specific end in a house in
the Al-Jihad neighborhood in Baghdad. These houses were for the exclusive needs
of American soldiers with the Iraqi interpreters acting as intermediaries
between them and the girls. Several scandals related to prostitution of Iraqi
minors have tarnished the image of the U.S. army. An American soldier who was
interrogated by the Integrated Regional Information Networks Agency reported
that it was possible to have a prostitute for one hour for $1 USD (Amnesty Magazine, May 2008).
Besides, two
former employees of Blackwater[68]
asserted that the firm regularly turned to the use of child prostitution within
the fortified Green Zone in Baghdad and that the boss knew perfectly well what
was going on but did nothing to prevent it[69].
Iraqi refugees as targets for sexual trafficker
Iraq is the
source and the destination of human trafficking for prostitution. The crisis in
the country only exacerbates things. A number of families left the country to
take refuge in the neighboring countries[70].
Human trafficking for sexual purpose is a sad reality, and many people without
the means to survive are forced into prostitution. According to the NGO SCEME,
the refugee population from Iraq is particularly affected by trafficking.
Reports estimate that up to 50,000 people were forced into prostitution out of
1.5 million Iraqi refugees living in Syria. They are unable to work in Syria
due to the governments continued refusal of residence or working licenses
since 2007. Their vulnerability combined with unrecognized legal status in
Syria leads them to a higher exposure to sex trafficking. Benefiting from the
extremely lucrative aspect of the activity, criminal organizations have
developed in order to support the sex trade in Syria and in other destination
countries of the region.
However, there
are few official statistics to accurately assess the number of women and
children kidnapped and sold to human trafficking networks. Two explanations can
be put forward. On the one hand, it remains difficult to analyze the phenomenon
of trafficking due to its illegality and the fact that it implies a certain
amount of secrecy. On the other hand, victims are reluctant to talk and
complain because of the emphasis on the virtue of women in these societies and
the social stigma that would result, leading the women to social
marginalization or death (CFC, May
2012). The creation of sexual exploitation networks in Iraq is also made easier
and more productive than in other countries, with underpaid civil servants
eager to help falsify documents in exchange for cash.
Moreover, it
is worth noting a practice that is becoming increasingly frequent in the Middle
East, especially in Syria and the United Arab Emirates. The "zawaj
mut'a"[71]
or temporary marriages, are abused by traffickers who, under the pretense of
marriage, sexually exploit young girls. Initially reserved for the Shiite
community, these false marriages are spreading to a vast extent. In exchange
for a fee, the daughter will be sold to wed for a short time and will be
repudiated a few days later. It is a highly secret form of sexual exploitation,
but it is affecting more and more Iraqi refugees; these abuses come to a peak
during the summer months when tourists are coming from the Gulf to neighboring
countries. These young girls, sexually exploited by their husbands, are then
left to their own devices, having been sold by their own families for a few
thousand dollars.
Inadequate protection of victims
Victims of
sexual exploitation are not granted any protection in Iraq or in any other
country where they are sent for prostitution. Yet, article 35 in the Iraqi
Constitution, prohibits human trafficking; a situation made even more
paradoxical, given that no law against human trafficking has ever been enacted.
The protection of victims of prostitution is extremely inadequate for several
reasons. First, prostitutes are liable to three months imprisonment. In this
way, after being victimized, they are seen as guilty by the state. Second, the
Iraqi government is reluctant to recognize them as victims of sex trafficking.
They are neither protected by public authorities nor by the police who keep
silent in exchange for sex. More than half of the women in the Al-Kadimiyah
Baghdad prison are in for prostitution (Le
Grand Soir Info, August 30th, 2011), which shows that
reintegrating of these women into society is clearly not a priority for the
government. In addition, there are very few shelters for female victims of sex
trafficking, except those provided by NGOs ASUDA and OWFI in Baghdad.
Rehabilitation
efforts are reduced to naught, especially when stigmatization and
marginalization of victimized prostitutes remain prevalent in the conservative
Muslim society. Being a prostitute means social suicide (Amnesty International, May 2008): society believes that there is no
place for tarnished women without honor or dignity. Although victims, they find
themselves completely rejected by their families who refuse to accept them, and
marginalized by the authorities that do not protect them.
Feeling
excluded, they have no choice but to stay in prostitution as a means of
survival. Feyrouz, 27, was kidnapped and forced into prostitution. A few years
later, the police found her and her captors who were then sentenced to death.
However, she did not dare return to her family for fear of reprisal:
"They would have killed me. They would never understand that I am a
victim. So I went from brothel to brothel" (Libration, February 17th, 2004).
However, the
government is trying to identify victims of human trafficking by directing them
to NGOs. The Ministry of Human Rights has retroactively identified 16 victims
of sex trafficking out of 49 people sentenced to prison for prostitution (U.S. Department of State, 2013). It
should be noted that this is the first time that the identification of victims
in Iraq has occurred.
A significant breakthrough in human trafficking
On March 23rd,
2012, the Iraqi government passed a law to fight against human trafficking,
which has grown considerably in recent years. It is undeniable progress in the
matter, given that before this law there was no specific legal punishment for
human traffickers. The Iraqi Penal Code n.111, dated 1969, had a range of penalties
and criminalized many types of behaviors such as engagement in prostitution,
rape, kidnapping, and child sexual abuse, but was not specifically aimed at
human trafficking. Consequently, the authorities faced a real problem when
prosecuting trafficking networks: since the offense had never been defined,
traffickers were acquitted. Moreover, the absence of any legal framework
greatly complicated the task of the authorities in their efforts to support
victims through campaigns of prevention and protection.
From now onward, in Article 5 of the Iraqi Penal Code, the law clearly
defines human trafficking. It provides a wide range of aggravating
circumstances according to which sentences may reach life imprisonment in the
cases of kidnapping and torture. The penalties are relatively high given the
seriousness of behavior, which shows determination on the part of the Iraqi state
to fight against sexual exploitation of the Iraqi population.
Human
trafficking |
5 to 10
Millions IQD (3,118 to
6,500 - $4,291 to $8,583 USD) |
Temporary
imprisonment |
Human
trafficking with restraint |
Up to 10
millions IQD (6,500 -
$8,583 USD) |
Up to 15 years
of prison |
Human
trafficking committed by organized gangs |
At least 15
millions IQD (9,355 - $12,875 USD) |
Life
imprisonment |
Human
trafficking committed by person of authority (family member) |
At least 15
millions IQD (9,355 - $12,875 USD) |
Life
imprisonment |
Source : Human
Trafficking in Iraq : 2003 and Beyond ,
Civil-Military
Fusion Center Mediterranean, May 2012.
Besides the definition and penalties for human trafficking, the law also
provides a legal framework for the establishment of coordination mechanisms,
support and assistance to victims, and a High Level Committee to fight against
human trafficking. As a result, one conviction took place in 2012. The Iraqi
government has set up an Anti-Human Trafficking Department in order to collect
data on the matter and to use a newly opened hotline for victims (U.S. Department of State, 2013). An Inter-Departmental
Committee in charge of national coordination on human trafficking has also been
set up for the implementation of the anti-trafficking law.
Henceforth
Iraq has become the 13th nation in the Middle East to adopt
legislation against human trafficking. This legislation is an important step in
the protection of victims as well as in the prosecution of people involved in
human trafficking. This is a major turning point that requires total commitment
from the government in the prosecution of those involved in sexual exploitation
and in the protection of exploited victims. Serious efforts are required in
this field in order to encourage the authorities to reveal the extent of the
phenomenon and to find full and meaningful solutions.
Sources
- Blackwater Used
Child Prostitutes in Iraq , Constantine
Report, August 9th, 2009.
- Iraq: Children
lured into drugs and prostitution , Integrated
Regional Information Networks (IRIN) Middle East, February 12th,
2007.
- Abdelkamel K.,
Irak: prostitution ou mariage de jouissance, Femmes Mditerranennes, January 18th, 2007.
- Abouzeid R.,
Iraqs Unspeakable Crime: Mothers Procuring Daughters , Time, March 7th, 2009.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Despic-Popovic
H., Les prostitues, proie
faciles en Irak , Libration,
February 17th, 2004.
- Hassan N., 50.000
Iraqi refugees forced into prostitution , The Independent, June 24th, 2007.
- Human rights Office of
the High Commissioner for Human Rights, Mission for Iraq Human Rights Office
(UNAMI), Report on Human Rights in Iraq
2011, May 2012.
- Lavender L., Human Trafficking in Iraq: 2003 and Beyond,
Civil-Military Fusion Center (CFC), Mediterranean Basin, May 2012.
- Macaud M.-C.,
Irak : ces oublies de la guerre, forces de se prostituer , Rue89, Octobre 2nd, 2011.
- Marcovich M., Trafficking,
sexual exploitation and prostitution of women and girls in Iraq, Norwegian
Church Aid, April 2010.
- Murray R.,
En Irak, le trafic des femmes bat de tristes records , Le Grand Soir Info, August 30th,
2011.
- Organization of Womens
Freedom in Iraq (OWFI), Prostitution and
trafficking of women and girls in Iraq, March 5th, 2010.
- Smith-Spark L.,
Silent victims: Iraqi women trafficked for sex, report says , CNN, November 10th, 2011.
- Social Change through
Education In The Middle East (SCEME), Karamatuna. An Investigation into the Sex
Trafficking of Iraqi Women and Girls in Syria and Jordan, Paper prepared for the Women Solidarity for an Independent and Unified
Iraq Conference, April 9th, 2011.
- U.S. Department of State, Trafficking in Persons Report, June 2013.
- Wreford J.,
Le trafic oubli des femmes irakiennes , Amnesty Magazine, n53, Amnesty International Suisse, May 2008.
|
Ireland
|
- Population: 4.6 million
- GPA per capita (US
dollars): 45,836
- Parliamentary regime
- Human development index
(HDI): 0.916 (7th rank among 187 countries)
- Gender inequality index
(GII): 0.121 (19th rank among 147 countries)
- Member of the European
Union since 1973.
- No official national statistics on prostitution.
- Since 1998, there has
been an increase in escort sites: 80,000 profiles created online.
- Prostitution is legal in
private places but prohibited, such as its solicitation, in public places.
- Procuring and publicity
for prostitution are illegal.
- Clients are not
penalized.
- Country of destination,
origin, and transit for women, children, and men that are victims of human
trafficking.
- Identified victims of
human trafficking come from Nigeria, Cameroon, the Philippines, Poland,
Albania, Bulgaria, Brazil, Romania, Pakistan and other African, Asian and
Eastern European countries.
In May 2012, the NGO Ruhama,
who fights against human trafficking and prostitution, launched a flash campaign
designed to raise awareness on how some women are forced into prostitution. The
posters and ads played on the radio used the slogan, Women sell sex because
they have to, not because they want to. The posters showed a silhouette of a
woman with a barcode on her abdomen illustrating the reductive nature of the
sex trade.
Sarah Benson, the director of Ruhama,
explains that the silhouette can represent women of all ages and of all
nationalities. The posters aim to break the glamorous image that is generally
associated with prostitution, which is really nothing more than a monetary
transaction used to access the body of someone in a sexual purpose.
The slogan was chosen to illustrate the fact that prostitution is not a
choice of career, but a means to survive (Irish
Examiner, May 15th 2012).
The evolution of legislation to penalize the clients
The Sexual Offences Act of 1993
authorizes prostitution in private places.
Soliciting and street prostitution are prohibited. This is a crime that can be
committed by the prostitute, the customer or a third party.
It is equally forbidden to organize prostitution, to force someone into
prostitution, or to live off the revenues and possess or manage an
establishment where prostitution is practiced. Further, advertisements for
prostitutions and brothels are illegal.
Since the Criminal Law Human
Trafficking Act of 2008, soliciting a person to prostitution knowing that
he/she is a victim of human trafficking is a crime punishable by a fine of
unlimited amount and imprisonment up to 5 years in prison (Department of Justice and Equality, 2012).
In December 2012, the local authorities of Limerick adopted a motion to
operate a legislative change designed to penalize the purchase of sex in
Ireland. In fact, the director of the Local
Migrant Group highlighted the fact that in Germany, there has been a
marked increase in cases of human trafficking following the legalization of
prostitution in 2002. Contrarily, in Norway and in Sweden, where it is
criminalized, it had an effect of reducing the sex industry and trafficking.
Prostitutes normally live in conditions of exploitation and of violence.
Their papers and their revenues are often confiscated.
When the prostitute is led to a foreign country and their relatives stay
in their country of origin, it is threatening and intimidating. This climate of
fear imposed by traffickers will keep victims under control and increase
profits. It is therefore in favor of tougher laws prohibiting the purchase of
sex because it is the application that is permitting the industry.
The Minister of Justice, Alan Shatter, recognized that current
legislation needs to be reviewed. A report on future legislation governing
prostitution was published by the Department of Justice in June 2012 (Limerick Leader, December 21st,
2012).
Geraldine Rowley, of Ruhama,
believes that the legislation must be updated as the internet and mobile phones
have revolutionized the way prostitution is organized by procurers. Since the Sexual Offense Act of 1993,
prostitution on the internet has developed, following the decrease in street
prostitution. Advertisements for prostitution, even on the internet, are
illegal, so procurers use servers in foreign jurisdictions.
According to Geraldine Rowley, the criminalization of buying sexual
relations would help to reduce the demand for this highly lucrative business of
prostitution. This would also serve to change attitudes and, in the longer term,
behavior.
However, Ruhama is against legislation that would penalize prostitutes
because the relationship between a prostitute and her client is not balanced.
Most of these women are vulnerable and do not have the same power as those who
buy their services (The Irish Times, January
23rd, 2012).
The middle of prostitution: in between fantasies and reality
Nusha Yonkova, coordinator of the project Anti-Traffic, expressed serious
reservations about all of the publications that reference prostitution as an
easy way of life. This is the case with a book that sparked lots of debate in
2012. The associations that help prostitutes feared that this book will incite
young, impressionable girls to enter into prostitution.
The reality is there is almost no middle aged women, no middle class
women, and very few Irish women in the prostitution. It is, for the most part,
immigrants from Northern Europe, Eastern Europe, and the poor countries of
Central America and of Africa. They all need money to survive. In certain
cases, they are under the influence of traffickers and indebted to them. The
women, about which Nusha Yonkova speaks, finish with less money in their hands
than when they started.
Police inspector Browne led investigations in the middle of the
prostitution ring in Dublin and declared that he is wary of any impression that
might be given of a prostitute as safe or as a life of choice. He confirms
having discovered a large number of women serving as prostitutes who came from
poor backgrounds and from countries where there is no work (The Independent, January 29th,
2012).
An ex-prostitute argued for the penalization of clients while addressing
those who think that the legislation of prostitution would make it safer. She
compares this idea to that legalizing rape and beatings would make it safer: an
aberration. According to her, one cannot pass legislation in favor of
dehumanization, physical traumas, and psychological traumas inherent with
prostitution. And if one passes this legislation, it would be to accept that
there is a category of women who do not have access to the human rights that
are taken for granted by all (Irish
examiner, February 15th, 2012).
A shocking documentary on procuring through escort sites
Paul Maguire, an investigative journalist, produced a documentary Profiting from prostitution for Irish
television on the proliferation of prostitution in Ireland and the manner in
which procurers organize the prostitutes on the internet. Prostitution on the street
is considerably diminished, since soliciting in public places is a crime.
Today, procurers use internet sites containing the word escort to avoid
mentioning prostitute since procuring is forbidden.
In its Irish version, Agency XXX,
acts fraudulently towards the law, as it
is forbidden to publicize prostitution. The procurers who control these sites
often base them in another country, such as England.
Since 1998, Irish escorts began to settle and 80,000 profiles have been
created on the internet. In one day, more than 700 women are advertising for
sex on escort sites, and they claim to work completely independently. The
report shows the opposite. One day of advertising on these sites is $95,000 USD
of profit.
Paul Maguire and his team carried out a six month investigation of the
heart of organized prostitution. They uncovered the faces and the techniques of
procurers at the heads of criminal networks that cover the country.
They also used high-tech technology to follow the trace of one hundred
females displaced daily throughout Ireland to let in confusion and to make the
presence of procurers harder to detect.
The myth of the woman who independently serves as an escort is now
broken. This documentary proves that escorts are threatened, constrained, and
put into slavery by procurers.
The investigators created their own database which mirrors the site Irish
Agency XXX owned by the
"e-designers limited" company. For four months, they have copied all
the changes in the situation regarding women who are advertising on the site.
They found that the names, phone numbers, and locations of women that are
constantly modified by traffickers so they can neither monitor the movements of
prostitutes, or keep track of them.
The site boasts the availability of women in each county. One prostitute
interviewed with a hidden camera says that they are constantly displaced
because customers like the new girls. Investigators were able to see through
their database, that 451 girls move each week from one city to another. The
question therefore arises: how do 451 women who are exercising independently of
each other and procurers decide to change places in a week and the number of
girls remains the same in each place? The stranglehold of procurers to organize
these trips is indisputable.
On internet sites, the girls, reportedly independent, have papers in
perfect English, but when they are speaking to hidden cameras, rarely can they
speak English. They are told not to flee because of threats and violence, as
well as dependence on various drugs.
Prostitution is a multi-million dollar industry in Ireland. In fact,
according to the calculations of local investigators based on the data they
obtained, every day 700 girls publicized ads on the escort sites that were
analyzed. If a woman sees just two clients a day, that represents 10,000
clients every week. If a client stays around thirty minutes and pays on average
$135 USD, that represents a final profit of $1.35 million USD every week or $70
million USD a year.
The situation of prostitutes is a catastrophe. On the Agency XXXs site, many girls are
available 24 hours a day, 7 days a week. The number of girls under 23 years of
age continues to grow; one girl out of four, who is published on the site, is
21 or younger. One of the girls who agreed to testify recounted that she was
twenty years old when she was led to Ireland by an African trafficker to whom
she already owned a large debt. She explained that a girl, having more than one
client a day, earns $40 USD, but she only receives $27 USD. The producer of the
documentary found a book showing profits by procurers. Over a period of about 5
months for 4 young women, a procurer made a profit of more than $135,000 USD.
When shooting, one of the journalists created a fake profile with a phone
number on one of the sites. She received 350 calls in five days –70 calls
per day. Investigators therefore also realized the staggering profits of phone
companies, knowing there are more than 4,000 mobile phone numbers on escort
websites, such as Agency XXX.
The alarming increase of sexual exploitation of children
A report published by Cork College University at the request of Childrens
Rights Alliance (CRA) showed that the
number of Irish children that fall victim to trafficking in Ireland is
increasing.
Experts have explained that trafficking and prostitution of minors does
not only concern immigrant children, and they call on the government to make
efforts to address this problem more seriously. In fact, according to the
director of CRA, one must avoid that Ireland falls prey to traffickers who take
advantage of vulnerable children due to inadequate suppression (Breaking News, September 13th,
2012).
According to Sexual Offenses Act
of 1993 and amendments in 1997, the act of soliciting a child with the
objective of sexual relations is a crime. The Criminal Law Act of 2006 specified that for one person to have
sexual relations with a child of less than 17 years is punishable by
imprisonment for more than five years. If the child is younger than 15 years of
age, the person guilty of this crime risks life in prison (Department of Justice and Equality, 2012).
In a report of a representative of the Organization for the Security and
the Cooperation in Europe (OSCE), the
efforts of the government to reinforce the system of protection for child were
positively noted.
The efforts of the government in the fight against human
trafficking
Certain criminal gangs use voodoo rituals to make young Africans come to
Ireland, where they can be exploited as prostitutes. Black magic is useful for
them to convince young women that their families will suffer if they refuse to
go to Ireland. The Irish police confronted this practice during wide scale
investigations of human trafficking.
Women are targeted by "witches" paid by local gangs to act as
recruiting agents in areas where voodoo rituals are part of the culture. The
victims are then forced into prostitution in brothels to bring large sums of
money for gangs.
The Irish police celebrate having identified the heads of one of the
largest networks of prostitution and human trafficking, who has operated in
Ireland for many years. Following an investigation led by the police, it turned
out that it was the first prostitution ring organized jointly by Irish and
Nigerian criminals. Police rescued 12 victims. Other than the voodoo trick, the
Nigerian prostitutes were also victims of debt bondage (IOL June 25th, 2012).
Ireland is a country of destination, of origin, and of transit for women,
children, and men of human trafficking for sexual exploitation.
Other victims of trafficking can be identified from Cameroon, the
Philippines, Poland, Albania, Bulgaria, Brazil, Romania, Pakistan and other
parts of Africa, Asia and Eastern Europe countries.
Unfortunately, the funds allocated by the government to NGOs helping victims
declined in 2012, but government funding for the anti-trafficking fight
increased.
Many victims have difficulty obtaining protection because, in
some cases, the authorities are not able to quickly select victims that meet
the criteria for support services. Sometimes, potential victims get no response
from the government for their official victim status that would allow them
access to all the services in place to help them.
The authorities have initiated 32 new investigations of
trafficking cases in 2012 while the figure was 53 in 2011. 97 ongoing
investigations from previous years continued in 2012. During this same year,
the police have identified 48 potential victims of human trafficking, nine
fewer than in 2011. Of these 48 victims, 19 were Irish minors used in the
commercial sex industry.
In 2012, the government has provided approximately $1.2
million USD in government programs and services as well as funding for NGOs
that provide support services to victims of trafficking. It provides free legal
assistance to all potential victims, but in fact, only nine potential victims
have received this assistance for the year 2012. In addition, the government
organized a photo contest and videos for college students with the aim to raise
awareness of the existence and the issues of trafficking in human beings. In
the curricula of schools at the secondary level, courses were added to
understand how to combat trafficking. According to the 2013 U.S. Department of
State Report on Human Trafficking, training has been developed jointly with
border guards and police in Britain and in Northern Ireland in order to take
note of the evidence indicating the existence of traffic of human beings.
Everything seems to indicate that Ireland will change its
legislation on prostitution shortly. The report published in 2012 by the Department
of Justice and Equality on future legislation governing prostitution,
establishes the context of the current law and highlights four different
legislative approaches to prostitution (prohibitionism, abolitionnism,
legalization and regulationism). The question to which model Ireland will tend...
Sources
- Calls
to review prostitution law , Limerick
Leader, December 21th, 2012.
- Child trafficking
on the increase , Breaking News,
September 13th, 2012.
- The harsh
realities of being raped for a living , Irish examiner, February 15th, 2012.
- Brady T., Voodoo
gangs target women for prostitution , IOL,
June 25th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Cusack J.,
Prostitution memoir could
lure young women to enter the trade , The
Independant, January 29th, 2012.
- Department of Justice and Equality, Discussion Document on Future Direction of prostitution legislation,
Ireland, June 22th, 2012.
- Duncan P., Call for prostitution to be updated , The Irish Times, January 23th,
2012.
- Maguire P., Prime Time:
Profiting from prostitution, Dcoumentary, 52 min., http://www.rte.ie/news/player/2012/0207/1135148-media/
- Rogers S., Harsh realities of prostitution to be focus of
campaign , Irish Examiner, May 15th,
2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
|
Israel
|
- Population: 7.7 million
- GDP per capita (in US
dollars): NA (2012) - 31,281 (2011)
- Parliamentary regime
- Human Development Index
(HDI): 0.900 (16th rank among 187 countries)
- Gender Inequality Index
(GII): 0.144 (25th rank among 147 countries)
- 15,000 prostitutes of
which 5,000 are minors (according to Kayla Zecher, project manager for the Atzum association)
- Between 250 and 400
private apartments or establishments of prostitution in Tel Aviv (Police[72])
- Prostitution is legal,
but all forms of organized prostitution are prohibited.
- In 2006 a law was
established against organized human trafficking, bearing the penalty of a
maximum 16-year sentence
- In 2011 an amendment was
enacted to repress all forms of promotion or solicitation of prostitution
- In 2012 a legal project
aiming to penalize the purchase of sex services was approved by the
Inter-Ministerial Committee, it was adopted in a preliminary vote, and is
currently awaiting a vote from congressmen. (Knesset)
- Legislation represses
child prostitution (both clients and procurers).
- There are 1 million
prostitution clients each month. (Atzum
Justice Networks, October 2013)
- Sex industry revenue:
between $500 million and $2.4 billion USD (407 million and 1.9 billion )
annually, (according to sources Atzum,
Knesset)
- 80% of women in the sex
industry are victims of human trafficking.
-Procurers control an
estimated 90% of prostitutes. 80% are women. 82% of them have been victims of violence
and 55% of injuries inflicted by clients (according to the Ministry of Social
Affairs).
The fight
launched by Orit Zuaretz, a member of the Knesset for Kadima, to criminalize
the purchase of sex services, won its first battle in February 2012. The legal
project, supported by the Inter-Ministerial Committee, which aimed to penalize
the clients of prostitution, was successfully passed by a vote of parliament.
Numerous members of Knesset, from different parties, spoke out together in
favor of the project, during its first vote. For Orit Zuaretz the law is
revolutionary, because it punishes the clients and forces them to assume
responsibility for their behavior. Zevulun Orlev, a representative for the
Jewish House party, adds, that it does not suffice to punish procurers and
traffickers, we must also deal with the clients. For Tzipi Holovely, of Likud,
this law is historic. However not everyone, it seems, is convinced. Nissim Zeev,
a member of the highly orthodox Shas party, did not hesitate to affirm that,
women are the only guilty party in the prostitution industry. At the end of
2012, the definitive vote to adopt the law had yet to be scheduled, even though
many Israelis believe the text has already been adopted.
Evolutions
After
reinforcing its legislative arsenal in 2006 by prohibiting all forms of
trafficking with prison sentences reaching up to 16 years for human
traffickers, the government took its first step toward ending sexual
exploitation after years of indifference. Soon after, the estimated flow of
victims strongly diminished: 500 to 600 people in 2007, compared with 3,000 to
5,000 between 2003 and 2006 (Aztum-TFHB
Website). This reducing trend has
been confirmed since (U.S. Department of
State, 2013). The annual statistics on the number of illegal immigrants
(17,175 in 2011, compared to 9,879 in the end of September, 2012) (Knesset, 2012) reinforces the argument
in favor of this downward trend. In 2011, a supplementary legislative amendment
strengthened the penalties related to all activities involved in organizing and
promoting prostitution. Nevertheless, recent reports conducted by the U.S.
Department of State and numerous NGOs in the country, showed that traffickers
have adapted to work around these measures, and that the profile of exploited
victims has evolved. Though those who come from ex-USSR countries remain the
majority, and Chinese and South American women are also among the countrys
prostitution population, the sex industry has invested in local Israeli women,
who come from disadvantaged economic backgrounds and among whom one third are
under the age of maturity (5,000 out of 15,000).
The application in question
The United
Nations protocol on the prevention of human trafficking proposed in 2000 that
States Parties shall adopt or strengthen legislative or other measures, such
as educational, social or cultural measures, including through bilateral
andmultilateral cooperation, to discourage the demand that fosters all forms
ofexploitation of persons, especially women and children, that leads to
trafficking. Israel quickly received the message, with the Knesset immediately
taking its position against prostitution, a negative and serious phenomenon,
bringing serious injuries to those who engage in the activity. To obtain equal
rights for women in Israeli society, the parliament realized that it had to
reduce market demand. From that point forward, it was imperative to reconsider
the role of an actor hitherto untouched: the client. The subcommittee that
fights against prostitution and human trafficking, and its active member Orit
Zuaretz, undertook this project with the support of numerous NGOs in the
country. Despite the work carried out by the committee, the social context
remained unfavorable. Estimations put the number of monthly clients somewhere
near 10,000. Between 25-35% are believed to be from the Haredi community, an
ultra orthodox group. 25-35% are believed to be Arab, and 8-10% are foreign,
expatriate, or traveling workers (Aztum-TFHT Website). In a poll requested by
Knesset in 2012, carried out by the Dahaf institute, 34% of respondents were in
favor of the law to punish clients, whereas 59% were opposed. Half of those who
responded believed that men will continue to use prostitutes with the same
frequency if the law is adopted, while 42% believe the law will diminish the
number of sex solicitations (The
Jerusalem Post, February 22nd 2012).
In practice,
the purchase of sex services has become a commonplace activity. Despite
legislation that penalizes the client of a child prostitute, the law is rarely
applied on the ground. In the same line of thought, the real sentences for
traffickers appear weak and inappropriate. According to the 2013 U.S.
Department of State Report on Human Trafficking, in 2012, sentences were
between 8 months and 3 years of imprisonment. In an article of the Jerusalem Post on February 12th,
2012, Yoav Kotler, a high level officer of the Tel Aviv police force, affirmed
proudly that, 99% of prostitutes in Israel had chosen this activity Numerous
tolerant areas remain in the country, in which prostitution takes place. These
zones are generally the poorest districts, in city peripheries, in which police
turn a blind eye on the legality of sex commerce. On the other hand, for those
who fiercely support penalizing clients, the law is necessary. For Rebecca
Hughes, of the ATZUM association, saying that prostitution is a choice is like
saying that a person who jumps off a building chose to do so, without
mentioning that the building was on fire.
Content
What does this
legal proposition say? It proposed a system of awareness training for
clients, which contains educational elements on health, legislation,
punishments, and testimonies read by former prostitutes. These training
programs would be carried out by NGOs in partnership with the Ministry of
Social Affairs. In the cases of recidivism, clients run the risk of receiving a
prison sentence of up to 6 months. The first step to put the text into effect
was carried out on February 12th, when the Inter-Ministerial Committee
approved it. The legal project is currently in its revision and correction
phase in parliament, before being submitted to a definitive vote and put into
legislation. But if the recommendation of the Committee was unanimous,
previsions for the parliaments votes are not necessarily favorable, which has
provoked stagnation before the final steps of implementation. For the
Department of Justice, the law requires a meaningful change in the mentality
and behavior of Israeli society.
Lobbying
Lobbying in
favor of penalizing the client has been active since 2011. A certain number of
events were organized by associations in Israel (in front of Knesset) and in
front of embassies and foreign consulates (New York, London, and Washington
D.C.). The 119 project, put in place by the ATZUM NGO with the Task-Force on
Human Trafficking (TFHT), currently includes close to 130 volunteers dedicated
to pass the law. Each week, at least, every member of the Knesset receives one
e-mail inciting him or her to vote in favor of the text, arguing the social
necessity of such a choice. The organization is also at the helm of numerous
initiatives (meetings, reunions, debates) involving the public and political
figures. In September, the Task-Force organized a meeting with the media to
discuss the manner in which the media handles prostitution, maintaining clichs
of prostitution as a glamorous occupation.
Doubts and warnings
The sex
industry brings in nearly 2 billion annually according to recent estimations
(The Jerusalem Post, February 12th,
2012). A few rare voices call for the surveillance of prostitution and a
reinforcement of current laws against constraint and procuring. Other voices
have advanced the fact that the diminishing number of clients would
automatically bring a higher level of competition among prostitutes, lower
prices, a higher number of unprotected sexual relations, and a concealment of
the activity. Those who support punishing the client have noted that conditions
are already difficult: they are already threatened. If, in the beginning, the
situation ran the risk of becoming worse, lowering demand even further will
lead prostitutes to quit their line of work.
During a media
firestorm, a resident of Ashod turned himself into the police: I solicit prostitutes, arrest me!
Radically opposed to the legal project that he describes as totalitarian and
contrary to fundamental democratic principals his exaggerated actions were
heavily covered by the press. With a more serious voice, Isha LIsha, a
feminist association that helps victims of prostitutions, claims that even if
the law is welcomed and desired, it focuses too heavily on the penalization of
the client rather than reintegration and protection programs for witnesses. We
are worried about what will happen to these women, and we demand that the
government protects them, and puts treatment and reintegration centers into
place (JSSNews, February 13th,
2012). If prostitutes decide to quit their work, the institutions currently in
place, given their limited capacities, will not be of sufficient help. But Orit
Zuaretz promises that those who wish to leave prostitution will receive a
sufficient amount of help and tools in order to reintegrate them into society
and respond to their personal needs. In order to pass the law, an information
campaign may be necessary within the country, given that the dark face of
prostitution is not yet fully understood by the public at large.
Cases and repression
The U.S.
Department of State Report on Human Trafficking mentions that 17 traffickers of
prostitutes were pronounced guilty in 2012, though 28 investigations into facts
of sex trafficking were open during the same year. A child prostitution network
was dismantled in Tel-Aviv following a police raid: 10 houses of clients were
searched and the director of the network was arrested. The victims were 12
minors between the ages of 14 and 16 (The
Times of Israel, January 7th, 2013). The clients were all men
between the ages of 20 and 60. The network appeared to have existed for many
years. According to the police, between 250 and 400 apartments in Tel-Aviv are
used for prostitution. In May, the verdict on a large case against a prostitution
network was pronounced: between 3 and 10 years in prison for the three
accomplices, with 18 years and 7 months for Saban, the head of the network
charged for trafficking hundreds of women for prostitution in Israel. For the press, it was one of the most
important cases of trafficking discovered in the country. The victims were
brought in from Russia, Ukraine, Belarus, Moldova, and Uzbekistan, transported
through Egypt and the Sinai desert, and sold for 3,800 to 5,300 ($5,229 to
$7,293 USD) to escorting networks depending on their physical appearance. The
accused also directed a dozen prostitution establishments in Tel Aviv and Ramat
Gan, the eastern ghetto of Tel Aviv, and ran a phone sex service.
In June, one
hundred citizens marched in the streets of Tel Aviv to protest against the
proliferation of advertising cards distributed everywhere, marketing sexual
services. Since 2011, an amendment prohibiting all forms of promotion for
prostitution had been adopted. Called upon by the group of demonstrators, the
municipality stated that it was up to police to enforce the law, while
recognizing the illegal characteristics of distributing cards. The police noted
that they had already, from their side of the issue, destroyed more than 15,000
copies of newspapers with sexual advertisements and closed numerous websites.
It is difficult to go further. Card distributors change regularly and are not
generally the creators. The U.S. Department of State Report on Human
Trafficking also mentions that nearly forty police investigations began in
2012, concerning the advertising of sex services.
Tel Aviv,
where the Tel-Baruch beach is a highly frequented area for prostitution badly
placed in a high-class neighborhood, had to undergo a series of
anti-prostitution operations between the police and the municipality. These
operations modified the areas geography, condemned certain vehicle passages
and levied fines on undesirable drivers. Using a law against public
disturbance, the police questioned all prostitutes, and took pictures of them.
According to an article published by Jssnews
on January 1st, 2012, only a half dozen remain today, though
there were over 70 beforehand who worked on the Tel-Baruch beach. But the
pressure from residents in favor of police intervention has only displaced the
problem. Prostitutes now frequent the neighborhood of the citys central bus
station, making it another popular area for street prostitution in Tel Aviv.
Aiding the victims
According to
the 2013 U.S. Department of State Report on Human Trafficking, even if the
capacity of shelters and the care of trafficking victims remain inadequate for
the needs of involved migrants, the government continues to develop its aid
capacity. Its two principal shelters welcomed nearly one hundred victims in
2012, of whom 58 were women. In relation to 2011, the number of women receiving
help has increased. Given that many victims are found in the illegal immigrant
population, the authorities have developed an effective identification system
that allows social workers to spot them among other migrants and begin an aid
procedure. Six years ago, the program implemented by the National Authority for
the Promotion of Women began to create a trusting relationship between those who
wish to leave prostitution and the authorities. In addition, two shelters in
Tel Aviv and Haifa, that depend on the Health and Social Affairs Ministries,
run a vehicle that works in hot spots for prostitution, offering medical
serves, condoms, and consultation for clients. The program is to be extended in
the cities Beersheba and Eilat, followed by an aid center for male victims of
prostitution.
In the
beginning of 2013, the law penalizing the purchase of sexual services had yet
to be put to vote. For Rabbi Levi Lauer, the executive director of AZTUM, once
the proposition is validated, we will see a step back from prostitution, and
even more females trafficked to Israel. He adds, however, that if the efforts
in this direction have failed thus far, it is because too many important
people use the services of female prostitutes or because too many people in
high positions have friends that could be caught with their pants down (The Jerusalem Post, February 5th,
2012). More simply, an editorialist of The
Jerusalem Post underlined the fact that as long as the conservative
tendency of legislators dominates the government, this law has no chance of
passing. However, if the anti-trafficking law of 2006 quickly toppled the
number of victims of human trafficking for prostitution, it is possible that a
law focused on the purchase of sex services could lower demand. This will only
be accomplished, however, if sufficient means to help prostitutes leave their
work are implemented alongside a system that does not force them into the
shadows.
Sources
- 59% oppose bill to punish prostitution clients ,
The Jerusalem Post, February 22th, 2012.
- Report: 1 Million Visits to Prostituted Women in
Israel Monthly , Atzum Justice Networks, October 2013.
- Stopping prostitution , The Jerusalem Post,
February 12th, 2012.
- Amsellem B.,
Isral adopte en vote prliminaire la loi criminalisant les clients de
prostitues , JSSNews, February 13th, 2012.
- Bertash K., From
Natasha to Rebecca : shifting narratives of sex trafficking and
prostitution in Israel , Lights,
The Messa quarterly, Issue 2, Vol.1, Winter 2012.
- Chaikin R., Report on
locating and transferring court-ordered compensations to women trafficking
victims who left Israel, Isha L'Isha – Haifa Feminist Center, January
2011.
- Chatrier A.,
Opration anti-prostitution sur les plages chics du nord de
Tel-Aviv , JSSNews, January 1st, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Fiske G., Teenage prostitution ring busted in Tel
Aviv , The Times of Israel,
January 7th, 2013.
- Friedson F., Proposed Israeli law would jail
prostitute clients , The Jerusalem
Post, February 5th, 2012.
- Hacker D. (Dr), Cohen O.
(Dr), The Shelters in Israel for
Survivors of Human Trafficking - Research
report, Tel Aviv University, March 2012.
- Hughes R., Prostitution in Israel: Myth vs
reality , The Jerusalem Post, February 12th, 2012.
- Nathan Gilad (Dr), The OECD Expert Group on Migration (Sopemi)
Report, Immigration in Israel 2011-2012, Research and Information Center,
Israeli Parliament (Knesset), November 2012.
- Prime Ministers Office
(The), The Authority for the Advancement of the Status of Women, Ministry of
Immigrant Absorption, No one has the
right to hurt you, Information Booklet, 2011.
- U.S. Department of State, Trafficking in Persons Report, June
2013.
- NGO ATZUM – Task Force on Human Trafficking (TFHT):
http://atzum.org/projects/task-force-on-human-trafficking/
|
Italy
|
- Population: 61 million
- GDP per capita (in US dollars): 33,049
- Parliamentary regime
- Human development index
(HDI): 0.881 (25th rank among 187 countries)
- Gender inequality index (GII): 0.094 (11th
rank among 147 countries)
- Founding member of the European
Union, since 1952.
- Between
50,000 and 100,000 prostitutes, of which, 8,000 to 20,000 are Nigerian.
- Between
19,000 and 26,000 trade victims.
- Sex
industry revenue: estimated to be between 2 and 6 billion ($2.7 and $8.2
billion USD).
-
Prostitution in private residences or apartments is authorized (no more than
two prostitutes).
- All forms
of organized prostitution have been prohibited since the 1958 Merlin law and
its amendments: procuring, establishments of prostitution.
- Since the
establishment of law 228 in 2003, all forms of human trafficking have been
prohibited (sentences of 8 to 20 years of imprisonment). The victims benefit
from assistance (article 18 of the Law 286 - 1998 and article 13 of Law 228 -
2003).
- Country of destination and transit
for human trafficking with the purpose of sexual exploitation.
Italy remains
a country of destination and transit for victims of sexual exploitation and forced labor. These are mostly young women from Romania,
Nigeria, Morocco, Albania, Ukraine, Bulgaria, China, Belarus, Brazil, Peru,
Colombia, Kazakhstan, Kirghizstan, Pakistan, Bangladesh and Ecuador.
Some
minors happen to be Italian but are generally from Romania, Nigeria, Brazil and
Morocco.
In
2012, 263 infractions linked to prostitution led to penal proceedings which
represent 0.5% of the total of recorded infractions, in other words, a downfall
from 17.81% compared to the previous year (Corte
Suprema di Cassazione, Ufficio di Statistica, 2013).
Sex
tourism is still a major issue due to the fact that it is closely linked to the
phenomenons of pornography, prostitution, human trafficking and early marriage.
According to the estimates, at least 80,000 Italians travel to Asia, Latin
America and Africa seeking sexual relations with minors. Italy is allegedly one
of the European countries with the most people departing for sex tourism, along
with Germany, France, Belgium, Spain, the Netherlands and the United Kingdom (ECPAT Italie, 2010).
Efficient police operations against prostitution
In 2012,
several police operations allowed for the dismantling
of important prostitution and human trafficking networks. For instance, in
January 2012, 55 people were arrested for being part of a human trafficking
network with roots in Africa and with a turnover of 25 million ($34.3 million
USD). Another organization for procuring Nigerians was dismantled in July 2012
after a young prostitute filed a complaint; she had entered Italy illegally and
was deceived by a fake job offer.
Just
like drug trafficking and illegal immigration, the activities linked to
procurement are monitored and managed by Italians, as well as foreign networks
of organized crime. Investigations reveal that these criminal networks are
characterized by a growing cross-border dimension with a precise division of labor following the nationality of each clan.
Furthermore, the foreign networks often benefit from the fact that the Italian
mafia neglects this activity to focus on other domains such as commerce and
finance, particularly in the northern part of the country.
There
is an ongoing debate as to whether it is relevant to replace prohibition orders
and fines imposed on prostitutes and clients by a regulation of prostitution,
as is the case in Germany and Greece. Indeed the approach adopted up to now seems to cause
the deplacement of prostitutes from one neighborhood to another, from one town
to another and even from the street to inside apartments. The year 2012
confirmed the emergence of new venues for prostitution: beauty salons and arcades.
This geographical shift is accompanied by a decrease in prices for sexual
services, which can be as low as 5 ($6.8
USD) for Chinese and Nigerian prostitutes.
Finally, one
may acknowledge a growing number of Italian prostitutes and escorts who
advertise their services on the Internet and in specialized magazines. In most
cases, these are students, housewives or unemployed women who resort to
prostitution to supplement their income in a period when the country is going
through an economic and financial crisis. This new category of prostitutes
seems to be practicing within private apartments or inside specialized
structures.
Jurisprudences contribution
Several rulings
by the Court of Cassation have provided some specifics regarding complicity of
prostitution and procurement. Thus, anyone who works to make sexual
advertisements more appealing and to favor contact
between a prostitute and a client is guilty of complicity of prostitution
(J49461/2012). On the other hand, publishing sexual ads on the Internet
represents a service offered to a person and is not an act favoring
prostitution itself (J201384/2013, J4443/2012). Complicity is not recognized in
the presence of prostitution acts usually tolerated in private venues, whereas
it is in public ones (J7076/2012). Finally the retribution of a person for
erotic phone services is not enough to convict for complicity of prostitution
when there is no proof of a genuine sexual service (J33546/2012).
An
aggravating circumstance occurs every time the diverse activities linked to
trafficking are connected in different countries (J19443/2012). In line with
previous jurisprudence, the Court of Cassation also specified that the notion
of juvenile prostitution covers any sexual activity with a financial
compensation, even if there is no actual physical contact between the
protagonists, the mere possibility of interaction between them is sufficient
(J7368/2012). Concerning the power of the mayors, the Council of State has
censored the decree of a mayor banning the possibility for pedestrians and
vehicles to stop in the streets of the town in order to make contact with
prostitutes (J75/2012). The prostitution of a sexual violence victim does not
justify the application of an extenuating circumstance to the benefit of the
person who committed the offense as the principle of sexual freedom applies to
any person implicated (J12836/2012). At last, it is legitimate to refuse the
extension of a residence permit for a convicted foreigner, even if its not definitive,
that he recruited persons for prostitution (TAR Piemonte 1282/2012).
Silvio Berlusconi still has not escaped justice
Since
January 2011, a Penal Code proceeding has targeted the former President of the
Council (Head of Government), Silvio Berlusconi. He is accused of abuse of power and
under-aged prostitution for having paid for sex with a young prostitute named
Ruby who was, at the time, under 18. He is also
accused of having applied pressure on public servants from the prefecture of
Milan, in order to free the young woman who was held in detention as part of an
investigation for theft. Neither one of the two protagonists has admitted to
having had sexual relations.
During the 2012
hearings, Silvio Berlusconi once again stated that the whole trial was a large
and mediatized smear campaign against him and indicated that the young women,
who participated in the parties he organized at his personal residence of
Arcore, were only doing burlesque shows in a tranquil and friendly atmosphere.
As for the money they got paid, it was only a financial aid to compensate the
financial difficulties they were going through at the time. Silvio Berlusconi
reiterated that he had thought Ruby was Egypts former President Moubaraks
niece and that was why he had asked the policemen to free her.
At the end of
2012, despite being summoned to appear in trial as witnesses, Ruby and several
other young women did not show up at the courthouse. The reaction of the
prosecutor was immediate: Silvio Berlusconi seems to have voluntarily tried to
postpone the verdict due to the upcoming elections in February 2013, in order
to minimize the negative outcomes of a hypothetical conviction. At the end of
2012, his trial has yet to come to an end and will carry on in 2013.
Towards a more efficient protection of minors
Prostitution
of minors in the streets has been continuously increasing over the past years.
According to the direct testimony of Save the
Children, Romanians are the most exposed to the threat of trafficking and
sexual exploitation, since they can move without constraint within the European
zone, as they are citizens of the European Union. There are also many unaccompanied
Nigerian minors who arrived by sea between 2011 and 2012. This flow decreased
during the period of January-August 2012, which should lead to a reduced number
of Nigerian girls prostituting themselves compared to 2011.
An
important step towards a more efficient protection of minors was taken at the end of 2012.
Complying with the recommendations provided by the Parliamentary Commission on
childhood and adolescence published in July 2012, Italy has ratified the
Council of Europes Convention on the protection of minors against exploitation
and sexual abuse finalized in Lanzarote on October 25th, 2007 by
voting the law 172 of October 1st, 2012 which came into effect on
October 23rd, 2012. Following the ratification of this international
instrument, the Penal Code has been substantially modified. It now acknowledges
the incitement to pedophilia and pedopornography as a crime and soliciting
those under the age of 16 as a crime, even on the Internet or by other means of
communication. The notion of prostitution of a minor has been extended to
include any activity linked to recruiting, managing, monitoring and organizing.
It is worth mentioning that the sentences have been hardened concerning the offense
of corrupting a minor and that the limitation period for sexual abuse and
sexual exploitation of minors has doubled,
as well as the number of circumstances where ignoring the victims age is not
excusable. Henceforth, a psychological treatment is planned for the victims and
the authors of the offenses so as to reduce the risk of a repeated offense and
in favor of social rehabilitation.
The
associations fighting against human trafficking such as Gruppo Abele and the
European Network for HIV/STI Prevention and Health Promotion among Migrant Sex
Workers-TAMPEP are worried and highlight the constant reduction of public
funding allocated to implementing social policies in this domain, from almost 1
billion to 10 million ($1.3 billion to 13.7 million USD) within a few years.
This caused the teams specialized in human trafficking working for the Public
Prosecutors Department to close down.
Unachieved developments in the fight against trafficking
In January
2012, the Minister of Labor and Social Policies announced the launch of a
national action plan to fight against human trafficking as well as the creation
of a national Observatory ad hoc. The
elaboration of the action plan remains unachieved for
now but it should lead to a clear identification of how the resources of each
region are allocated to implement programs of assistance and social
rehabilitation of victims (Presidenza
del Consiglio dei Ministri, Dipartimento per le Pari Opportunit,
2013).
Italy
is bound to transpose the European directive 2011/36/UE passed on April 5th,
2011 concerning the prevention of human trafficking and the fight against this
phenomenon, as well as the protection of the victims. A bill was drafted and
presented on June 16th, 2011 but was not voted into law. Nonetheless
the implementation of this directive is crucial, as it aims to ensure a more efficient
protection of victims, more restrictive sentences against traffickers and to
designate a national spokesman in charge of
collecting the data concerning human trafficking in each member State.
The
efforts on preventing trafficking have decreased compared to previous years
mostly because of the decrease in the resources reserved for public awareness
programs to the benefit of programs helping the victims. Despite this trend,
the Italian government has launched an initiative in Angola to prevent human
trafficking in this country and provide assistance to unaccompanied minors.
Moreover, several NGOs have carried on with their awareness campaigns on the
local level aiming at reducing the demand for paid sex.
The assistance programs for victims
The Italian
authorities assisted 2,018 foreign victims in
2012. More or less, 70% were women, 10% minors and 1.5% transsexuals. According
to NGOs testimonies, identifying people exposed to a high risk of human
trafficking among refugees and migrants coming from Libya and Tunisia often
appeared irrelevant. Many asylum seekers and unaccompanied minors, who arrived
in the Italian ports of the Adriatic sea after going through Greece were sent
back to their home country based on the Dublin II Regulation, although the
Italian authorities were careless in checking their claims for protection, the
risk of human trafficking to which they were exposed, and the best interests of
the children.
Besides, the
proceedings and the quality of the programs helping the victims vary noticeably
following the different regions as the police officers are not always willing
to comply with the guidelines. Nonetheless, nearly every region has implemented
the article 13 of law n228 of 2003 regarding measures to fight against human
trafficking and slavery and the article 18 of the legislative decree n286 of
1998 regarding the immigration regulation and foreigners statute. It is worth
to mention the ConTraTo program,
implemented by the Tuscany region in July 2012. It comprises different
sections, some of which are the activation of a 24/7
regional toll-free number against trafficking coordinated with a national toll-free
number; health care, psychological, linguistic and legal assistance for the
victims; the implementation of individualized training and socio-professional
rehabilitation programs, of monitoring systems, of victims identification, of
public awareness, prevention and health protection campaigns.
In
2012, the Veneto region voted the law n48 to fight against prostitution and
help the victims, the Marche region launched the Oltre il soffitto di vetro (Beyond the Glass Ceiling)
and Percorsi donna (Womens Itineraries) projects and the Lazio region
ratified the Agar I (AGire e Assistere in Rete contro la tratta nel Lazio:
programma regionale di emersione e prima assistenza) and Agar II (AGire
e Assistere in Rete contro la tratta nel Lazio: programma regionale di
assistenza e di integrazione sociale) projects previously approved by the
Department of Equal Opportunities of the Council of Ministers and co-funded by
the region. Agar I aims at identifying the victims and providing them with emergency
assistance. Its implementation stands on a close cooperation between regional
institutions and local associations, the latter being in charge of identifying
victims and providing them with immediate assistance
in anti-violence centers. The goal of Agar II is rather to help victims on the
legal and medico-social levels and to facilitate their social rehabilitation
through professional training programs.
It
appears that although Italy is globally complying with the minimum standards of
the fight against trafficking and prostitution, improvements have to be made. It
would be good to better collect and diffuse the data on implemented measures.
Better identification work is necessary –more specific and careful
monitoring regarding migrants and asylum seekers liable to become victims of
trafficking and sexual exploitation. More harmonization of the proceedings
implemented by police officers and other competent organizations on the
national level is also essential.
Moreover,
the continuation of policies to assist victims remains crucial; it is necessary to emphasize the strategies of prevention against
this phenomenon. This aspect was highlighted by the European Commission in its
document regarding European Strategy Towards the Eradication of Trafficking in
Human Beings 2012-2016 published in June 2012, which Italy is expected to be
taking into account as is any other Member State. It is also expected to
fulfill its international commitments resulting from the European Councils
Convention on the fight against human trafficking that it ratified on November
29th, 2010. Italy is therefore subject to the monitoring activities
of the Group of Experts on Action
against Trafficking in Human Beings (GRETA), instituted by the
Convention in order to make sure its clauses are being implemented. In this
framework, the first questionnaire will be sent in February 2013 to the implicated
national institutions and they will have to answer no later than June 1st,
2013. A field survey will also occur in the next few months.
Therefore, it
is with great interest that one waits for the final evaluation report and the
recommendations of GRETA concerning the measures implemented up to now and the
improvements yet to be made.
Sources
- Tratta: entro il
2012 il Governo varer il Piano nazionale antitratta e verr attivato losservatorio nazionale sul fenmeno , Immigrazione Oggi, February 8th, 2012.
- Bellavia E., Polchi V., Schiave del
sesso, un business da cinque miliardi di euro l'anno , La Repubblica, February 16th, 2012.
- Commissione parlamentare
per l'infanzia e l'adolescenza, Indagine
conoscitiva sulla prostituzione minorile, July 31st, 2012.
- Corte Suprema di
Cassazione, Ufficio di Statistica, Rapporto
statistico del settore penale, periodo:1/1/2012-31/12/2012, et Relazione di Ernesto Lupo
sull'amministrazione della giustizia nell'anno 2012, January 25th,
2013.
- Corte Suprema di Cassazione, Ufficio di
Statistica, Rapporto statistico del settore penale, periodo:
1/1/2012-31/12/2012, 2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Crivellini G., Regolamentare la
prostituzione. La ragionevole proposta radicale , Notizie Radicali, March 15th, 2012.
- ECPAT Italie, Il turismo sessuale a danno dei minori, 2010.
-
Ministero della Giustizia, Relazione del Ministero sull'amministrazione
della giustizia anno 2012, Inaugurazione dellAnno Giudiziario, January 23rd,
2013.
- Paola P., Prostituzione in Italia:
la crisi ha aggravato il fenomeno (inchiesta), Rights Reporter, December 30th, 2012.
- Presidenza del Consiglio dei
Ministri, Attivit del Dipartimento per
le pari opportunit. Novembre 2011-Marzo 2013, March 19th, 2013.
- Redazione, Tratta di trans dal Sud
America. Decine di arresti e perquisizioni , La Repubblica, October 8th, 2012.
- Redazione, Compravano donne dalla
Nigeria. Stroncata tratta di esseri umani , La Repubblica, July 11th, 2012.
- Rinaldi L.,
Reclutate in Romania, vendute come prostitute in Italia , Linkiesta, March 7th, 2013.
- Sacchettoni I., Moleste e violenze:
allarme per i minori , Corriere della
Sera, January 29th, 2012.
- Save the Children, I piccoli schiavi invisibili, August,
2012.
-
Torsello F. E., Prostitute? No, sono schiave , L'Espresso, February 20th, 2013.
- U.S. Department of
State, Trafficking in Persons Report,
June, 2013.
- European Commission, Fight against Human
trafficking website, Italy file:
http://ec.europa.eu/anti-trafficking/showNIPsection.action?country=Italy.
|
Japan
|
- Population: 126.4 millions
- GDP per capita (in US dollars): 46,720
- Constitutional monarchy – Parliamentary
democracy
- Human Development Index (HDI): 0, 912 (10th
rank among 187 countries)
- Gender Inequality Index (GII):0,131 (21st
rank among 147 countries)
- No official
national statistics on prostitution.
-
Prohibitionist regime with a restrictive definition of prostitution (limited to
vaginal coitus)
-
Prostitution or purchasing its services is prohibited by the Anti-Prostitution
Law of 1956, but no penalty is provided.
- The
production, sale and possesion of pornographic documents which use virtual
minors are legal.
- Age of
sexual consent: 13 years old.
- Country of
transit towards North America and destination for trade victims.
- Victims on
Japanese soil are native to China, Indonesia, the Philippines, Vietnam, Russia,
Eastern Europe, and South America.
Japanese proverb:
「臭い物に蓋をする」
Kusai mono
nifutawosuru
Literally: Put a
lid on ill-smelling things
Figuratively:
Rather than solve a problem at the source, ensure that no one notices it for a
period of time
Child pornography and child prostitution: an alarming
assessment
In 2012, the situation regarding child pornography was
extremely worrying. Throughout the year, there has been an increase in both the
number of cases (+ 9.7% compared to 2011, 1,596 cases reported) and the number
of victims (+ 24.8% compared to 2011, 1,268 identified victims). On the whole,
victims are getting younger: in 2012, 56.3% of the 1,268 identified victims
were under the age of 6 (Nihon Keizai Shimbun,
March 7th, 2013). The fact that close relations of the
victims of both child pornography and the prostitution of minors seem to be a
prominent proportion among those convicted is another concerning trend.
Numerous press articles report cases involving educational staff, house
employees or teachers. Figures published by the Ministry of Justice reveal a
strong implication of family members of the victims, mainly of the father or
stepfather, in violence against minors (Ministry
of Justice). Additionally, the Japanese press reports
several cases of minors charged with procuring other minors (Yomiuri Shimbun, February 19th, 2013). According to
the declarations of these schoolgirls who procure their classmates, their
motivations are purely economic. This can be partly explained by the very
pronounced climate of consumerism in Japanese society.
Japanese police struggle to fight against this kind of
crime for which the use of internet is widespread. The system of blocking
implemented by Japanese police in order to identify people selling child
pornography seems to be easily circumvented via file sharing software or
foreign servers. Blocking has a limit: the simple possession of pornographic
materials staging minors is not penalized in Japan (Mainichi
Shimbun, May 26th, 2010). This non-penalization
makes Japan a unique case among members States of the Organization for Economic
Cooperation and Development (OECD) and brings it harsh criticism on the
international stage (The Independent, October 12th,
2012).
The Japanese legislation has another serious gray area.
It distinguishes pornography staging real minors from that which stages virtual
minors, contained especially in manga and anime,
animated films of which, production, sale or possession is not penalized (Harata, 2012). This state of Japanese legislation far
below international standards, is often justified by the fear that the police
might abuse their new prerogatives and jeopardize freedom of expression of
manga and anime illustrators (Japan Daily Press,
September 20th, 2012). Yet, it is easy
to realize that the huge financial windfalls generated by the sale of these
materials from the manga and anime industries weigh on authorities otherwise
often involved in corruption (UNAFEI, 2000). In short,
protection of children against this kind of crimes does not seem to be a clear
and delineated priority for the authorities (The
Independent, October 12th, 2012).
The fact that the sentences given in the case of
conviction are often light and non-dissuasive confirms this idea. For both
child pornography and procuring of minors, guilty parties often risk nothing
more than fines. For instance, in 2011, less than 16% of the convictions for
the procuring of minors led to prison terms. In the cases of direct conviction,
jail sentences ranged from less than one year up to three years (U.S. Department of State, 2012). In
2012, the Japanese press has only reported arrests without reporting the
conviction or sentencing of those involved in the sex trade.
Despite
the sombre picture that illustrates the situation of sexual exploitation in
Japan, the proactive approach of several Japanese prefectures gives hope for
future improvements. Since late 2011, the prefectures of Kyoto, Nara, Osaka and
Tochigi successively took the initiative to penalize any form of possession of
child pornography. To the dismay of those who support a unified front,
legislation recently adopted by these prefectures are not homogeneous. At this
time, the Kyoto Prefecture has distinguished itself as the most severe punisher
of sexual exploitation and the possession of child pornography with sentences
up to one year of imprisonment (Japan Daily Press,
September 20th, 2012), while the Nara Prefecture enforced
fines of 300,000 yens (about $3,035 US dollars). Meanwhile, the Tochigi Prefecture
has decided to criminalize only the possession of pornographic materials
involving minors under the age of 13 (Yomiuri Shimbun,
October 11th, 2012). If more and more prefectures follow this move
toward the penalization of the possession of child pornography, a positive
national impact to align the country with minimum international standards of
enforcement and regulation would evolve from an abstract ideal to a legitimate
possibility.
The controversy over comfort women or the scathing
indifference to the victims
Described
euphemistically as comfort women, some 200,000 women from China, Korea, and
Taiwan served as sexual slaves in the brothels of the Japanese Imperial Army
during the Second World War (Canoe, August 15th,
2012). The comfort stations, according to the official terminology of the
time, were widespread in mainland Asia and largely under Japanese rule.
The
Japanese government recognized its responsibility through the Kono statement of
1993[73].
On one hand, it recognized the involvement of the Imperial Army in this case of
human trafficking for sexual exploitation purposes unmatched in the 20th
century. On the other hand, it expressed remorse for the suffering, both physical
and mental, caused to the victims. However, the statement has a significant
limit: it does not provide any system of government compensation to the
victims. From 1995 to 2007, the Asian Womens Fund – a private
organization based in Japan – gave compensation to the few surviving victims
(Le Monde, January 7th, 2013); but some
women refused it in order to continue their advocacy on behalf of proper
compensation from the Japanese government itself (Japan
Times, February 15th, 2013).
The
controversy over comfort women arose from statements of the current Prime
Minister of Japan, Shinzo Abe, a few days after his taking office in December
2012. For this ultraconservative, the evidence that the Japanese army
implemented and exerted direct coercion is nonexistent. S. Abe soon expressed
his will to retract the Kono statement, a position he has maintained since
2007, during his first term as Prime Minister (Le
Monde, January 7th, 2013).
The
overall trend of calling for revision is equally worrisome among other Japanese
politicians. The populist mayor of Osaka, Tru Hashimoto, has made multiple
statements cast in the same mold. He stressed the need to discuss the matter a
historical context (Shimbun Akahata, August 23rd,
2012). In other words, his statement directly implied that the facts could be
considered acceptable under the circumstances of the time. However, under
international law, that had banned slavery long before 1939, this allegation is
without foundation. According to Kazuhiko Togo, a former Japanese senior
official, this would be equivalent to saying today in the United States that
slavery was unavoidable or acceptable given its time frame. The government
considers all matters of war compensation to have been already set by various
treaties signed after 1945. An ambiguous position, the standing of the
government raises indignation and anger among the citizens of many Asian
countries. Since 1992 until today, more than one hundred activists gather
weekly in front of the Japanese embassy in Seoul to demand official
compensations (Japan Times, February 15th,
2013). In early January 2012, a Chinese national whose grandmother was a
former comfort woman was arrested by the South-Korean police for throwing a
Molotov cocktail at the exterior walls of the Japanese embassy (Libration, January 8th, 2012).
The
reaction of the Japanese civil society in relation to this matter is almost
non-existent. According to a Japanese press article, VawwRac, a research and action center focused on war-time violence
against women, organized a symposium in September 2012. The theme of the
symposium was the responsibility of Japan toward comfort women but only one
hundred people attended (Shimbun Akahata, September
30th, 2012).
Shinzo
Abes statements have not come without an impact on the already tense relations
that Japan has with China and South Korea (Le
Monde, January 7th, 2013). The criticism from the other side
of the Pacific was also very sharp. The government of the United States has
urged Japan to be cautious. It also highlighted the fact that to withdraw the
Kono statement would lead to a worsening of Japans relations with its neighbors
and jeopardize stability in Asia-Pacific (Nihon
Keizai Shimbun, January 6th, 2013). In addition, following the
first revisionist statements from the Japanese Prime Minister in 2007, the U.S.
Congress passed a resolution urging Japan to apologize to the victims of this
mass sexual exploitation system (Japan Times, February
15th, 2013).
The
attitude of the Japanese government, reluctant to take on its responsibilities,
helps to better understand the current situation regarding the fight against
human trafficking.
Lack of progress in the fight against human trafficking for
commercial sexual exploitation purposes
In
2012, there was no improvement in the fight against trafficking of human beings
for the purpose of commercial sexual exploitation. Japan is still ranked on tier
2 of the classification established by the 2013 U.S. Department of State Report
on Human Trafficking. So far, Japan is the only G8 member State that has not
ratified the Palermo protocol, the only international instrument which aims to
fight against human trafficking. In addition, Japan has not made any effort
since 2012 to improve its legislation on trafficking. The National Plan of
Action of 2009 has not been updated either.
The
figures released by the National Police Agency for the first half of 2012 are
difficult to analyze due to the fact that human trafficking cases are not
reported separately from kidnapping cases (National Police Agency, 2012). Once again, this proves the
lack of interest of Japanese authorities on the issue. However, the U.S.
Department of State Report on Human Trafficking reported 27 women, including 11
Japanese victims of human trafficking for the purpose of commercial sexual
exploitation in 2012, whereas in total there were 45 in 2011. To date, the
protection granted to the victims is incomplete. There are shelters where the
victims can be accommodated, but these are not specifically dedicated to them.
Although medical aid and psychological support are available to them, according
to some associations and government representatives, these services are
inappropriate and incomplete for victims of trafficking. Moreover, some victims
are reluctant to seek government protection. First and foremost, they fear the
authorities; they are afraid of being convicted for violation of Japanese law
due to their role in their own exploitation. To this date, no official shelter
is provided for male victims (ECPAT, 2011).
Regarding
prevention, the government has only made modest efforts. The National Police
Agency and the Immigration Bureau distributed multilingual pamphlets which included
phone numbers to call in case of emergency. But according to several NGOs, the
impact has been modest, with few pamphlets reaching the victims (U.S. Department of State, 2012).
The
situation relating to sexual exploitation in Japan demands critical attention,
especially as the authorities seem unwilling to take the measures urgently
required. Opportunities to improve the situation are still very numerous. In a
report released in 2011, ECPAT drew up a two-page list of priority
recommendations to the Japanese government. Authorities inaction toward the
issue reveals not only corruption among senior officials but a lack of
consideration by the authorities towards the victims of commercial sexual
exploitation in Japan whatever their age, gender or nationality.
Sources
- 13歳未満の画像所持も対象栃木県警が条例案 , Yomiuri Shimbun, October 11th,
2012.
- Abe risks much
with sex slave issue Revisiting '93 apology would spark anger worldwide ,
Japan Times, February 15th,
2013.
- Des
excuses pour lexploitation sexuelle , Canoe, August 15th, 2012.
- First half of the year of Criminal statistics , National
Police Agency, Japan, 2012.
- Un
Chinois jette des cocktails Molotov sur lambassade du Japon Soul , Libration, January 8th,
2012.
- 児童ポルノ、被害深刻 低年齢化や長期間流出摘発、過去最多 12年 ,
Nihon Keizai Shimbun, March 7th,
2013.
- 同級生に売春させる、高2女子ら逮捕 , Yomiuri Shimbun, February 19th,
2013.
- 日本人「慰安婦」実態迫る市民団体シンポ「低い人権感覚」指摘 , Shimbun Akahata, September 30th,
2012.
- 社説:児童ポルノネット上のまん延防げ ,
Mainichi Shimbun, May 26th,
2010.
- 米、日本政府の歴史認識見直しをけん制 ,
Nihon Keizai Shimbun, January 6th,
2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Donald B.,
Possession of Child Pornography deemed normal in Japan , Japan Daily Press, Septembre 20th,
2012.
- ECPAT International, Global monitoring: status of action against
commercial sexual exploitation of children – Japan, Second edition,
2011.
- Falletti S.,
Lultime combat des femmes de rconfort corennes ,
Le Figaro, July 6th, 2012.
- Harata S., Legal Regulation and Morality about Virtual
Image of Child Abuse, March 31th, 2012. (in Japanese)
- Hasegawa T., Investigation of corruption in Japan,
Resource Material Series n 56, United Nations Asia and Far East Institute for
the Prevention of Crime and the Treatment of Offenders (UNAFEI), December 2000.
- Hasegawa T., Investigation of corruption in Japan,
United Nations Asia and Far East Institute for the Prevention of Crime and the
Treatment of Offenders (UNAFEI), Resource Material Series n.56, December 2000.
-
Mc Neill D., Japan's child porn addiction , The Independent, October 12th, 2012.
- Mesmer P.,
Au Japon, Shinzo Abe envisage de rcrire l'histoire impriale , Le Monde, January 7th, 2013.
- U.S. Department of
State, Trafficking in Persons
Report , June 2012.
- U.S. Department of
State, Trafficking in Persons
Report , June 2013.
- 橋下・大阪市長の「慰安婦」暴言「河野談話」も国連報告書も「強制」
認定安倍発言の蒸し返, Shimbun Akahata, August 23rd, 2012.
- Immigration Bureau of Japan: http://www.immi-moj.go.jp/english/index.html
- Ministry of Justice – Japan: http://www.moj.go.jp/
- United Nations Treaty Collection: http://treaties.un.org/
|
Kenya
|
- Population: 42.7 million
- GDP per capita (in US
dollars): 862
- Republic
- Human development index
(HDI): 0.519 (145th rank among 187 countries)
- Gender inequality index
(GII): 0.608 (129th rank among 147 countries)
- Member of the African
Union since 1963.
- No official national
statistics on prostitution.
- Around 200,000 people
are victims of prostitution in Kenya, of which 15,000 are men.
- The most affected
provinces by prostitutions are the Rift Valley and Nairobi.
- Prostitution, procuring,
and establishments of prostitution are prohibited.
- All forms of human
trafficking are prohibited. Penalties of 30 years to life imprisonment, and/or
a fine of at least 30 million KES ($335,834 USD).
- In 2012, the City
Council of Nairobi launched a plan to legalize prostitution in the capital with
the creation of red light zones.
- Country of origin,
transit and destination for human trafficking especially with the prupose of
sexual exploitation.
- Sex tourism is primarily
based in Mombasa, nicknamed the collapsed.
- Sex tourists primarily
come from the United States, Switzerland, Sweden, Norway, and Germany.
- In 2010, close to 15,000
children were victims of sex tourism in Kenya.
Kenya, a country in East Africa, is surrounded from south to north by
Tanzania, Uganda, South Sudan, Ethiopia and Somalia. The country was for a long
time considered the model on political stability and democratic transition.
Kenya, which has been independent since 1963, faced a political crisis from
December 2007 to January 2008 that led the country to the brink of a civil war,
causing more than 1,300 deaths and displacing 600,000 people. Suspected fraud
on the presidential election results was the cause of the crisis. Kenya,
maintaining the largest refugee camp in the world (Dadaab) with 593,000
refugees of which 513,000 are Somali, is confronted with a real security
challenge particularly with regard to human trafficking. Although Kenya benefits
from the first economic growth in East Africa with over 5.1% in 2012, the
country is affected by poverty. Nearly 40% of the population lives below the
poverty line. According to 2013 U.S. Department of State Report on Human
Trafficking, economic inequality mixed with corruption created an environment
conducive to sex tourism and the prostitution that affects women, children, and
mostly homosexuals in Kenyan society.
Evolution of legal framework
Kenya is a signatory to a number of international conventions including
the International Convention on the Rights of the Child, the Convention on the
Elimination of All Forms of Discrimination against Women, and the Convention
against Torture and other Cruel, Inhuman or Degrading Treatments.
As a result of the national regulatory framework, prostitution, procuring,
and brothels are forbidden. According to the provisions of articles 147 through
154 of the Penal Code, prostitution is a crime. Article 155 authorizes
magistrates to deliver mandates to allow the police to enter houses, where
prostitution is suspected and detain the prostitutes who are there. Articles 14
through 18 of the Sexual Offenses Act
of 2006 forbids the child trafficking, child sex tourism of children, child
prostitution, exploitation of prostitution, and human trafficking for sexual
exploitation. These infractions are punishable by 5 to 15 years in prison, or a
fine of 500,000 to 2 million KES ($5,745 to $22,989 USD)[74].
In 2012, President Mwai Kibaki signed the Counter
Trafficking in Persons Act, a law that was published in the Gazette in
September 2012. All forms of human trafficking are forbidden with a punishment
of 30 years to life in prison, or a fine of at least 30 million KES ($344,834
USD). However, according to the 2013 U.S. Department of State Report on Human
Trafficking, it is clear that in practice some authorities rarely use this
normative framework.
Legalizing prostitution?
The Nairobi City Council has launched a plan to legalize prostitution in
the capital with the creation of red light districts. In practice, the
municipality would allow prostitutes to freely operate in some neighborhoods
with the payment of a tax (Ahram/AFP,
March 6th, 2012). A committee of experts has been established to
harmonize the various laws on prostitution, according to the Mayor of Nairobi
George Aladwa, on February 3rd 2012 (Standard Media, February 4th, 2012).
There are some who have voiced their opinion against the Mayors
initiative, such as the religious head of the Kenyan Muslim Advisory Council for whom prostitution itself is
considered a sin (AllAfrica, February
7th, 2012).
Contrarily, other representatives support the legislation towards
legalized prostitution. On March 6th 2012, a group of masked
prostitutes (men and women) marched through the streets of Nairobi in favor of
legislation legalizing prostitution. They had written on their masks, sex
workers rights are human rights and my body, my business (News24, March 6th, 2012). In
December 2012, the World Health Organization
(WHO) published a report explaining different recommendations on the best
way to fight against HIV/AIDS that is contracted by victims of prostitution.
One of the recommendations was to legalize prostitution, stating that this
would allow prostitutes to no longer be stigmatized and have free access to
health care as well as condoms (Consultancy
Africa Intelligence, February 4th, 2012).
Prostitution in Kenya
According to an article in the Irin
News on March 27th, 2012 around 200,000 people are victims of
prostitution in Kenya, of which 15,000 are men. Reportedly, around 40% of
prostitutes are married or cohabitating, and their partners ignore the prostitution
activities in which his companion, spouse, or partner engages. The most
affected provinces are the Rift Valley and Nairobi. The rapid increase in the
cost of living has promoted prostitution to survive against poverty. Between
2010 and 2011, the price increased more than 100% in Kenya. For many Kenyans,
prostitution is a way to earn money in addition to another salary (Thomson Reuters Foundation, May 26th,
2011), in a country where unemployment is estimated to be 40%[75].
Many foreigners are also victims of prostitution in Kenya. For the most
part, they are Ethiopian, Eritrean and Somali, as these three nationalities
seem to attract Kenyan citizens (Wordpress,
November 11th, 2011).
In addition, students of Kenyan universities, attracted by the easy money,
are accused of selling their bodies to peers and teachers. Most of these
students come from different towns in Kenya to study in Nairobi. The students
enjoy the good life at the beginning with a change of lifestyle and to maintain
it, they decide to become prostitutes (Kenya
Forum, August 2nd, 2012).
Prostitutes also suffer from harassment by the police, who remain
unpunished. They are often forced to pay bribes to avoid spending the night in
jail. Generally, prostitution is dangerous, as shown by the murder of a young
21 year-old prostitute, whose body was found in a tank on June 5th, 2012
in Nanyuki. She was killed by two British soldiers. Indeed, the city is known
for hosting British soldiers each year, who come to train before leaving for
Afghanistan (Sky News, August 14th,
2012).
Prostitution and health
Reportedly, one and a half million Kenyans are affected by HIV/AIDS. The
national prevalence of HIV decreased from 7.1% in 2007 to 6.3% in 2012. Access
to an antiviral treatment has also progressed. In December 2011, more than
500,000 living with HIV in Kenya had been placed under antiviral treatment,
compared to only 3,000 people in 2001. On August 10th 2012, the
government announced that it would allocate more funds to this fight (UNAIDS, August 15th, 2012).
The most vulnerable people to sexually transmitted diseases (STDs) are between the
ages of 15 and 24 (MSF, 2012).
Sexually transmitted diseases affect a large portion of the victims of
prostitution. In Nairobi, one out of three prostitutes is HIV-positive. They
are called "twilight women." According to a 2012 report by the World
Bank and the UN, 37% of victims of prostitution in Kenya are living with HIV (Vice France, September 2012).
The spread of STDs in prostitutes is a result of the poor usage of
condoms during sexual intercourse. In fact, only 50% of prostitutes use condoms
(Irin News, March 27th,
2012). The difference of earnings is very influential since sexual intercourse
with a condom pays 200 KES ($2.30 USD), while sexual intercourse without a
condom pays 500 KES ($5.74 USD). Some prostitutes are arrested for simply
having condoms on them, which can discourage their possession (Vice France, September 2012).
In addition, a majority of male victims of prostitution have sex with
other men, which makes them more vulnerable to HIV/AIDS, as the spread of this
disease is greater in the case of anal intercourse. Moreover, the fact that
many prostitutes are married lends itself to the spread of HIV/AIDS, as spouses
are unaware of the prostitution activity of their spouse (Irin News, March 27th, 2012).
Because of the stigma attached to prostitution, prostitutes are often
being denied access to health services as well as treatment, even for minor
health problems (Consultancy Africa Intelligence,
February 4th, 2013).
Human trafficking for sexual exploitation: homosexuals as the
newest victims
The Kenyan women from poor backgrounds are easy preys, especially if they
are from rural areas. Thus, there are many stories of women from Kamba, an ethnic
group in Kenya that is established in the semi-arid Eastern Province of the
country, where there are few job opportunities and there is a general lack of
development. The stories of those women who respond to job offers in Nairobi
and after a job interview, disappear forever, are unfortunately frequent (South World, March 1st,
2012).
Cases involving women and Kenyan children are not new. Now, the new
victims of trafficking for sexual exploitation are homosexuals. Homosexual
students in Kenyan universities, especially that of Kenyatta University (Huffington Post, March 1st,
2012), are particularly targeted. They are offered jobs abroad with visas and
find themselves victims of sexual exploitation. Homosexuality is illegal in
Kenya, as well as in countries where these men are brought, so they cannot
report the abuse they suffer to the authorities (Advocate, January 2nd, 2012). According to the 2013 U.S.
Department of State Report on Human Trafficking, they are most often led to
Africa, Europe, the Middle East (especially in Saudi Arabia, Kuwait, the United
Arab Emirates, Lebanon and Oman), South Sudan and the United States.
Aware of the trafficking of Kenyan women and men to Arab countries, Kenya
announced in June 2012 a prohibition to work in some Arab countries, including
Saudi Arabia, Kuwait, the United Arab Emirates and Qatar (JSSNews, August 12th, 2012).
Children of Burundi, Ethiopia, South Sudan, Tanzania and Uganda are
victims of human trafficking for sexual exploitation in Kenya. Trafficking also
affects many Somali women and children who are in refugee camps in Kenya (U.S Department of State, 2013).
Sex Tourism
Sex tourism of young girls on Kenyan coast
Of all the countries in Eastern Africa, sex tourism is most popular in
Kenya. The Kenyan city most affected by this phenomenon is Mombasa, nicknamed
the collapsed which is located 500 km southeast of Nairobi (Slate Afrique, February 14th,
2013). Reportedly, in 2010, close to 15,000 children were victims of sex
tourism in Kenya[76].
Sex tourists mainly come from the United States, Switzerland, Sweden, Norway,
and Germany. They are trying to find children in places such as clubs, casinos,
massage parlors, beaches, and hotels close to the Kenyan coast. The children,
boys and girls, are victims of sex tourism to men and women. This plague
usually involves a third party such as hotel workers, procurers, brothel
owners, or even members of their own family. In addition, offenders are
difficult to identify because the abuse often occur in private places (ECPAT UK, 2012).
In April 2011, the government launched a code of
conduct concerning tourism with the goal of reducing sex tourism whose victims
are children. In the same month, the police announced the arrest of four
suspects from Spain, the Netherlands, and U.K. (U.S Department of State, 2012). In 2012, the government filed
lawsuits against three foreign tourists, presumed to have had sex with minors.
The common settlements for tourists are to pay the families of child victims to
avoid lawsuits (U.S Department of State, 2013).
Sex tourism of the beach boys presented at the Toronto
Festival
Sex tourism in Kenya has affected as many men as women. This fact was
revealed by Australian director, Ulrich Seidel, in his film, Paradis: Amour (Paradise: Love), which debuted at the Toronto International Film
Festival (Ghafla, September 11,
2012). Actor, Peter Kazungu, one of the beach boys in the film, felt obligated
to clarify that Cest bien plus dgotant quand il sagit de vieux blancs
qui vont dune fille knyane lautre (it is more disgusting when old,
white men move from one young Kenyan girl to the next) (Slate, May 18th, 2012). A beach boy can receive from 500
to 20,000 KES ($5.75 to $230 USD) for each female tourist. He must also pay a
commission to the person who put him in contact with the tourist (Standard Digital News, March 18th,
2012).
Insufficient government initiatives against sexual
exploitation
According to the 2013 U.S. Department of State Report on Human
Trafficking, corruption is everywhere in Kenyan institutions, which makes the
application of laws concerning human trafficking for sexual exploitation or sex
tourism very difficult. The Kenyan authorities are not making true efforts to
combat this corruption, or to follow through with agents and condemn them.
In 2012, the government took some initiatives, which may still seem
inadequate given the scale of the phenomenon. The government funded an
anti-trafficking training for 30 officers. In October 2012, it established an
advisory committee for the fight against human trafficking, who is now in
charge of implementing the national allocation of funds to help victims of
trafficking. Nevertheless, the committee had not yet been convened in 2012.
Concerning the identification of victims of human trafficking, it is
evident that the authorities put forth more effort to identify children than
adults. A system set up by the Ministry of Gender and a local NGO set up a free
phone line available 24 hours a day to report cases of child trafficking. In
2012, only 21 cases of child prostitution and 59 cases of child trafficking were
reported.
Sources
- 100
Countries and their prostitution policies , Procon, December 22nd, 2011.
- Gay men
being trafficked in Kenya , Advocate,
January 2nd, 2012.
- Kenya Prostitutes in
City Protest , Ahram/AFP, March
6th, 2012.
- Kenya
prostitutes march the streets , News24,
March 6th, 2012.
- Kenya:
Prostitutes Need Help, Says Ngao , AllAfrica,
February 7th, 2012.
- Kenyas
Gay, Bisexual Men Being Trafficked in Arab Gulf Sex Trade. Report , Huffington Post,March 1st, 2012.
- Kenyan
prostitutes pushed out of business by Ethiopians, Eritreans and Somalis ,
Wordpress, November 11th,
2011.
- Kenyan
university life: joint honour degrees in sex and sin? , Kenya Forum, 2 aot 2012.
- Le Prsident kenyan engage davantage de ressources pour la riposte au
sida , ONUSIDA, August 15th, 2012.
- Many sex
workers in Kenya are married, new report reveals , Irin News, March 27th, 2012.
- Aarhus P., Une discussion
avec les filles du crpuscule de Nairobi , Vice France, September 2012.
- Act No. 3 of 2006 – Sexual Offences Act, www1.chr.up.ac.za
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Dupaquier F., Delle Piane
L., A contrecur : enfants victimes
du tourisme sexuel, ECPAT
France, Frontview productions,
documentary (1506), November 27th, 2010.
- ECPAT UK, Child sex tourism in Kenya, November 14th,
2012.
- Kennedy M.,
Kenya – Trafficking is a reality , South World, March 1st, 2012.
- Kiarie J.,
Where boys trade sibling as sex slaves , Standard Digital News, March 18th, 2012.
- Koskas Z., Aprs le Kenya, le Npal interdit ses femmes daller
travailler dans les pays arabes , JSSNews,
August 12th, 2012.
- Mabona M. O., The Counter-Trafficking in Persons Bill,
2010, Kenya, 2010.
- Mbog R., Les grandes destinations du tourisme sexuel en
Afrique , Slate Afrique, February 14th, 2013.
- Mwivano I.,
High cost of living in Kenya forces women into prostitution , Thomson Reuters Foundation, May 26th,
2011.
- Noonan M.,
The push to decriminalise sex work in Kenya , Consultancy Africa Intelligence, February 4th,
2013.
- Ombati C.,
Council plans to legalise prostitution , Standard Digital, February 4th, 2012.
- Omondi J.,
Kenyas Sex Tourism Film Aired at Toronto International Film
Festival , Ghafla, September 11th,
2012.
- Pudlowski C., Paradis : Amour : Les femmes, des
touristes sexuels comme les autres , Slate,
May 18th, 2012.
- Stone M., UK soldiers linked with death of prostitute , Sky News, August 14th, 2012.
- U.S. Department of State, Trafficking
in Persons Report, June 2012.
- U.S. Department of State, Trafficking
in Persons Report, June 2013.
- The French Ministry of Foreign Affairs – France Diplomatie: www.diplomatie.gouv.fr
|
Lebanon
|
- Population:
4.3 million
- GDP per
capita (in US dollars): 9,705
- Parliamentary
regime
- Human
development index (HDI): 0.745 (72nd rank among 187 countries)
- Gender
inequality index (GII): 0.433 (77th rank among 147 countries)
- No official
national statistics on prostitution.
- Main
locations of prostitution: Bourj Hammoud, Maamaltein, Sabra-Shatila and
highways in Khald-Naame and Dbay-Jbeil.
- Ambiguous
judicial treatment of prostitution. Two different realities: the authorities
who prohibit prostitution/the authorities involved in visa regulations of artists,
and the health control of prostitutes.
- Prohibition
of all forms of human trafficking since 2011.
- Country of
transit and destination of human trafficking with the purpose of sexual
exploitation.
- The
majority of victims of prostitution in Lebanon are native to the Middle East,
Eastern European countries and from Africa.
Lebanon is a country of many religions. It is
considered as one of the most liberal among its surrounding countries in the
Middle East. The political system is based on a proportional distribution of
power, depending on the weight of each religious community in the country.
Consequently, it seems that in so far as the Sharia does not fully apply, the
matters related to sexuality are less taboo. However, the country is really
conservative on some aspects, especially sexuality.
Having certain attractiveness, due to its
atypical geographical landscape, its culture and its gastronomy, Lebanon acts
as a hub of prostitution in many ways. Prostitution has developed not only in
quantitative terms through multiples places of frequentation such as night
clubs, hotels, apartments, and cars, but also qualitatively, with a
prostitution activity that differs in accordance to the place of prostitution
and the categories of prostitutes.
An uncertain legal treatment of prostitution
Prostitution is a phenomenon whose
apprehension seems rather difficult, as a result of the lack of a clear
definition of the term and the ambiguity of the legal treatment that is granted
to it. Indeed, according to a law of 1931, prostitution was legal under the
condition that it was practiced in regulated brothels, located in specific
places and completely separated from nearby buildings. However, since 1975, the
government stopped issuing licenses to brothels. Commander Eli Asmar, chief of
the protection office, affirmed that brothels had closed since the war – prostitution becoming thus illegal apart from the
granting of these licenses (LOrient le Jour, May 3, 2011). This
resulted in the displacement of the prostitution to more clandestine places,
whereas it is supposed to be prohibited. However, prostitution is known to the
authorities and even allowed in the super nightclubs, where the government
intervenes to regulate the prostitutes activity. Politics uncovers two
realities: on the one side authorities ban prostitution, but on the other they
take part in the regulation of artists
visas and in the health check of prostitutes by subjecting them to monthly medical
exams. In the absence of any legal provision on this matter, it is an
established practice.
View of the Lebanese prostitution landscape
Prostitution has been among the most organized
and profitable markets of Lebanon, ranking in third after the sale of arms and
drug trafficking. In 2012, Jad, head of a super nightclub, assessed his
monthly profit to a maximum of $30,000 USD (LOrient Le Jour, March 11th, 2012). It must be noted that resorts for
transactional sex is a growing problem, which continues to be ignored by the
majority of civil society. Prostitution has also seen a tremendous expansion
due to the extreme poverty present in Lebanon; 28% of the Lebanese population
lives below the poverty line and 8% in conditions of extreme poverty, unable to
meet their vital needs, such as purchasing food or living in decent housing.
Prostitution appears to constitute the only means of survival for these men and
women, in view of a labour market that no longer employs due to the
long-established economic crisis.
The migration phenomenon constitutes an
important component of the Lebanese sex industry, but more generally, it is
also a component of human trafficking concerning forced labour. Indeed, the
vast majority of prostitutes practicing in Lebanon are of foreign origin; they
often come from countries of the Middle East such as Syria, Egypt, Morocco, and
countries of Eastern Europe or Africa. In this way, Lebanon is seen as a
transit and destination country for female and child victims of human trafficking
for the purpose of sexual exploitation in other Middle Eastern countries. The
Lebanese government contributes to this phenomenon by issuing a 3-month artist
visa, facilitating the entry of these young women into the country to work as
dancers in the Lebanese sex industry. In 2012, 5,934 women entered Lebanon with
this visa. In general, they are recruited in their country of origin, where
they sign an employment contract, holding with them the illusion of being a
waitress, hairdresser, or secretary, but the reality is much different. These
young women are maintained in a hostile climate, characterized by fear and
violence and emphasized by the confiscation of their passport.
Prostitution also affects the children, sold
by their family or husband. There is no need to count the number of children
who have been sold by their parents, no longer able to feed them or married at
a very early age. Under the guise of marriages, certain men do not hesitate to
marry several minor girls and then force them into prostitution (LOrient le Jour Junior April
2011).
Student prostitution favoured by the development of Internet
The sex industry is widespread in many
different places: hotels, cabarets, pubs, and nightclubs. It seems to have left
the main public roads for more discrete locations on the outskirts of the
capital.Some neighborhoods have become places where prostitution is prevalent,
in particular Bourj-Hammoud, Maamaltein, Sabra-Chatila or even the highways of
Khald-Naam and Dbay-Jbeil. Not only are the places developing, but also the
forms of prostitution. Internet and social network development highly
contributed to the emergence of a more clandestine form of prostitution. More
and more students become prostitutes via telecommunication networks, finding a way
to monetize their sexual services anonymously and more discreetly. Prostitution
on the Internet attracted these young girls because the operating conditions of
this activity are easier than street prostitution and the prices of the
services are more attractive. This occasional activity does not facilitate the
action of the Lebanese morality police, who are already having difficulties
apprehending the facts of prostitutes caught red-handed. It is, therefore, a
prostitution that is almost impossible to notice, especially because it is
practiced in apartments or hotel rooms. These students seem to practice their
activity without the protection of a procurer and without consistency in order
to avoid the attention of authorities. Usually, these prostitutes develop in
higher social spheres than those who work in nightclubs or on a public road.
They have very wealthy clients, sometimes
involved in political life. So, it is not surprising that they are protected
when corruption exists.
Some Lebanese model agencies play a central
role in this student prostitution. Indeed, the intermediation operated by these
fake agencies allows them to find their clients more easily and target those
who are quite wealthy. In 2012, a Lebanese businessman was sentenced for
procurement in France because he supplied young women to many Arab princes and
a son of Muammar Gaddafi. In order to achieve this, he took advantage of his
leadership position in the model agency, as one of the branches was located in
Beirut, and he made the women believe that they would be in the parade at the
festival of Cannes (Le
Monde/AFP, October 23rd, 2012).
That demonstrates the extent of the
prostitution system in Lebanon through these model agencies that place the
young women with clients for the sole purpose of having paid sexual relations.
As such, a 23 years old Lebanese prostitute confided to a magazine: When I
entered the university, a local model agency proposed me to work for it. I
accepted. In no time, it turned out that we could sleep with some clients if
desired, in return of a very significant sum of money. I did not hesitate (LHebdo Magazine, February 22nd,
2013). This prostitution becomes common, along with
its share of violence and its contributions to the sexual exploitation of women
in Lebanon.
Escorting Internet sites demonstrate the
difficulty of apprehending the Lebanese prostitution system due to the fact
that they take advantage of the loophole in the judicial treatment of
prostitution. Escort service sites slip through the cracks of the government,
as it cannot control them, as it can with artist visas and all of the
regulations that go with it. Another difficulty concerns the means of
telecommunication employed: the Internet helps to maintain a certain anonymity
and discretion researched by both the clients and the prostitutes, making the
action of police services more difficult. Although these activities are
illegal, cybercrime services experience real difficulties with closing these
websites, due to the fact that every time such a site is closed, others are
created to replace it (Al Bawaba, March 18th,
2012).
Super nightclubs in the service of sex tourism explosion
Sex tourism constantly increases in Lebanon.
According to Markus Marktanner, an economist at the American University of
Beirut, the expansion of tourism is linked to the tourists of Middle East and
mainly of the Gulf countries, who benefit from the good climate, permissive
attitudes and the availability of alcohol in Lebanon. Prostitution is thus
tolerated because it constitutes a highly profitable market that handles
millions of dollars each year. It is a booming industry that plays a role so
important in the Lebanese tourism that the authorities sometimes accept to turn
a blind eye to certain behaviours.
The rise of sex tourism could be also
explained by the existence of super nightclubs, atypical places in Middle East,
which are halfway between a stripclub and a brothel. These places are
developing in Lebanon, with a total of 130 super nightclubs that have the
particularity of being unique in the region, considering habits and
sociocultural taboos of the country. In 2012, Kamal, boss of a super nightclub,
emphasized the fact that demand increases in the summertime. There is a mutual
aid in the different nightclubs in case a girl is missing. They do not hesitate
to exchange some girls if needed. The latter are considered as merchandise to
exchange in case of need or by specific request.
Prostitution being banned, super nightclubs
must use complex methods to circumvent the law. In principle, a client cannot
have paid sexual relations with a dancer but it sometimes occurs hidden from
the public. A client who wants to talk to an artist buys a bottle of
champagne and chooses the dancer that suits him. Kissing is allowed, but any
more advanced contact is forbidden, at the risk of receiving a fine and the closure of
the establishment by immigration services.
The purchase of a champagne bottle comes close to $70-$80 USD and entitles
clients to see the girl again within one week from the date of purchase in
order to obtain the sexual service sought. For that matter, these locations are
very popular in the summertime with Gulf tourists, looking for alcohol and paid
sexual relations forbidden in their country and who can spend up to $400 USD
per hour for a female companion.
This is an industry tolerated by the
government to the extent that it is taxed (10% of the purchase price of a
champagne bottle is paid back to the tax authorities). The government wants
prostitution to be regulated and strictly controlled rather than have it spread
across the country. Lebanese law requires work and rest hours for the artists[77], within which they cannot, under any circumstances,
leave the hotel. The Lebanese law somehow organizes this sexual exploitation, becoming in some ways an
accomplice of the phenomenon of human trafficking by imposing a restriction to
their freedom of movement and by keeping them in this prostitution system.
In 2012, Tony, a regular client of super
nightclubs, insisted on the fact that it is a Lebanese characteristic, with
certain advantages but remains, nevertheless, very prejudicial for the dancers.
These clubs would not last a day in any other country. It constitutes a
category in itself. It is true, it is all very formal – we cannot even
take a girl for the evening. But it works here, perhaps because of the culture,
which is open in many ways but still very conservative in some others. The
super nightclub sector supports its own redemption. This system has benefits.
The girls have to be tested and are generally well protected. But there are
also some drawbacks. Briefly, they live in a prison. Locked up most of the time
in their hotel, they never go out, except if they have a client. All of the
girls I have met in these clubs are completely depressed. It is not really
exciting. (LOrient Le Jour, March 11th,
2012).
Efforts are required in regards to incrimination of human
being trafficking
In August 2012, 80 female prostitutes of
Tunisian origin working in Lebanese super nightclubs were arrested at the
Tunis-Carthage airport by Interpol, at the request of Lebanon (Alter Info, August 18th, 2012). These young women were recruited in Tunisia in order
to become prostitutes in Lebanon. Traffickers made them sign a contract that
stipulated they would be employed as dancers. One week later, they received
their artist visa to go to Lebanon. Usually, prostitutes are prosecuted and
sentenced, because prostitution is forbidden whereas clients and traffickers
are not affected by it. This type of case, far from being an isolated one,
attested to some gaps in the protection of victims and especially the
incrimination in human trafficking.
Indeed, Lebanon does not fully comply with the minimum
requested standards concerning the fight
against human trafficking, especially for the purpose of sexual exploitation.
Protection of the victims of trafficking seems incomplete in many aspects even
if Lebanon is making important efforts on this matter, such as a law against
any form of human trafficking, which was enacted in August 2011. It is a
considerable legislative advance given the complete absence of the
incrimination of human trafficking in Lebanon. According to the Public
Prosecutor, in 2012, 9 cases of human trafficking for sexual purposes led to
investigations (U.S.
Department of State,
2013).
Lebanon ratified the United Nations Convention
against transnational organized crime and the additional protocol prohibiting
trafficking under the obligation that human trafficking is clearly identified
as such in the legislation of the State parties (CARIM, 2011). However, human trafficking was not incriminated in a
specific way, but the components of this offense were visible and sanctioned in
other offenses: kidnapping, indecent assault, deprivation of freedom, and
incitement to debauchery.
Henceforth, individuals contributing to these
traffics risk penalties ranging from 5 to 15 years of imprisonment, as regards
to sex trafficking and forced labor. However, it should be noted that the
prosecutors office is reluctant to sue the individuals in light of this new
qualification and settle for using the old, available offenses. The 2013 U.S.
Department of State Report on Human Trafficking mentions 16 investigations involving trafficking for
sexual purposes, led by the Internal Security Forces and the General Security.
Nevertheless, there is nothing to show that these investigations had led to
conviction for human trafficking. So, many efforts still remain to be made in
this field. Important work is also required to change magistrates minds and
encourage them to pursue the reprehensive behavior falling within the scope of
the offense of human trafficking.
Actions supplied by protection of victims associations
present an undeniable interest in the fight against trafficking for sexual
purposes. NGOs like Caritas Lebanon, and Dar al-Amal are helping victims of prostitution
by accommodating them and helping with their reintegration process. In June
2012, Lebanon undertook an action to fight against trafficking. The country is
also about to become a member of the Mediterranean Network Against Trafficking
in Women, created by the NGO Coalition Against Trafficking in Women (CATW) (LOrient Le Jour, June 28th, 2012).
Therefore, this would conduct awareness-raising campaigns so that cultural
tourism would not be sex tourism anymore. In order to achieve this, media
cooperation is necessary to the extent that this is a phenomenon whose
existence is known but ignored and that benefits from a degree of impunity.
Sources
- La police
arrte des prostitues tunisiennes sur requte dInterpol , Alter Info, August 18th,
2012.
- Le Libanais
Elie Nahas au cur dun procs pour proxntisme en France , LOrient Le Jour, October 22nd,
2012.
- Mondialise,
la prostitution est un march conomique porteur , AFP, November 21st, 2012.
- Prostitution in
Lebanon: tourism or exploitation!? , Beirut
Night Life, October 16th, 2013.
-
Proxntisme : le pourvoyeur de Moatassem Kadhafi condamn 8 ans de
prison , Le Monde/AFP, October
23rd, 2012.
- The even darker side
of prostitution in Lebanon , B-side
Beirut, September 16th, 2013.
- Anderson S.,
Les super night clubs libanais : entre bordels et bars
strip-tease. Plonge dans les
coulisses de la vie nocturne beyrouthine , LOrient Le Jour, March 11th, 2012.
- Brophy Z., Vice:
regulating Lebanons darker side , Executive,
August 3rd, 2012.
- CRIDES/Fondation Scelles,
Revue de lactualit internationale de la
prostitution, 2012.
- El-Hage A.-M., Le Liban, bientt membre dun rseau
contre lexploitation sexuelle des femmes ? , LOrient Le Jour, June 28th, 2012.
- Fakhoury M.,
Entre sexe et argent, la prostitution, vritable flau au
Liban ! , Dossier Liban, LOrient
le Jour, May 31st, 2011.
- Gerges
D., Tmoignages sur une double vie. Etudiante et call-girls , LHebdo Magazine, February 22nd,
2013.
- Gilbert B.,
Lebanons sex industry: hidden in plain sight , Global Post, June 17th, 2013.
- Jabre S.,
La prostitution des enfants, une triste ralit , LOrient le Jour Junior, April 2011.
- Jouni H., La
traite des personnes au Liban, CARIM,
Notes danalyse et de synthse, 2011.
- Moussaoui R.,
Sexe et misre, la face cache du tourisme au Liban , La Presse, September 2nd, 2009.
- Slemrod A.,
Lebanon-s Online Escort services fall through government
loopholes , Al Bawaba, March 18th,
2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
|
Madagascar
|
- Population: 21.9 million
- GDP per capita (in US dollars): 447
- Presidential regime
- Human development index
(HDI): 0.745 (72nd rank among 187 countries)
- Gender inequality index (GII): 0.433 (77th
rank among 147 countries)
- No official national staistics on prostitution.
- There are 29,000 prostitutes in Toamasina, main port town
(2012 estimate).
- 78.4% of prostituted population are between 11 and 22 years
old.
- Prostitution is illegal (articles 330 and 335 of the Penal
Code and modifications with the law number 2007-038 which represses human
trafficking with the purpose of human trafficking and sex tourism especially
all that involve minors).
- The most
affected cities by prostitution and sex toursim: Antananarivo (capital) –
Nosy Be, Diego Suarez, Majunga, Tamatave (suburbs).
Even though it is difficult to measure the
extent of sexual exploitation in Madagscar due to the lack of data, it is
evident that the phenomenon intensified after the 2009 State Crisis. Since
then, the country has been strictly anchored in a political crisis. The
economic sanctions imposed to Madagascar after the crisis have led to a
decrease in international aid. Malagasy newspapers sum up the situation well:
increase in poverty, scarce schooling, increasing corruption and young girls as
victims of sexual exploitation.
According to the NGO, Groupe
Dveloppement Madagascar, prostitution is
particularly high along the coast (Nosy Be, Diego Suarez, Mahajunga or
Tomasina), around mining sites, as well as in urban zones such as the capital
city, Antananarivo.
According to the U.S. Department of State
Report on Human Trafficking, most prostitution clients are Malagasy. Meanwhile,
sex tourism clients are mainly French, there are also others from Western
countries, as well as Comorians. For a foreigner, the price varies from 40,000
to 200,000 MGA ($17.15 to $85.76 USD - 15 to 75 ) while those who are Malagasy
pay prices ranging from 3,000 to 10,000 MGA ($1.28 to $4.29 USD - 1 to 3 ) (Newsmada, May 25th,
2012).
Legal Aspects
In 1991, Madagascar signed the International
Convention for Children Rights (ICCR) and its optional protocol in 2000
concerning the trafficking, prostitution and pornography of children.
As for child labor laws, the country has ratified both basic
conventions of the International Labor
Organization (ILO) i.e. the 1998
Convention n138 on minimum age, and n182 which states that using,
recruiting or offering a child for prostitution or pornography, are the worse
means of child work.(art. 3b C182)
The Malagasy Penal Code completed by law
n2007-038 of January 14, 2008, takes into consideration different types of
sexual explooitation such as procurement and the exploitation of brothels,
indicated in articles 330-335. The same law prohibits all forms of human
trafficking and imposes sentences which range from two years to life in prison.
(U.S. Department of State,
2013)
Sex tourism is supervised by law n 2007-038;
penalties vary from 5 to 10 years of imprisonment, and may be accompanied by
fines ranging from 4,000,000 to 20,000,000 MGA ($1,715 to $8,576 USD - 1,400 to
7,000 ) (La
Gazette de la Grande le, May 4th, 2012). Regardless of the strict laws expressed on paper, no
tourist has yet to be caught for such a crime, even though, according to Slate
Africa classification, Nosy Be is among the ten main destinations for sex
tourism in Africa (La
Gazette, 29 aot 2012).
As an additional and final provision, the law
n 2007-023 of August 20th
2007, guarantees every child with every fundamental right and security measure
against any and every type of abuse.
In 2012, a scandal was highly publicized. A
French night club owner and a Malagasy employee were condemned to 5 years of
imprisonment for the corruption of children and incitement to the sexual
abuse of children with the purpose of facilitating child prostitution. Having
partly served his sentence, the Frenchman in question was released and expelled
from the country (U.S. Department of State, 2013).
Despite the rigor of judiciary texts, the laws
they evoke are scarcely applied since
the authorities do not maintain a budget dedicated to fighting against child
trafficking. In addition, the complicity of civil servants in human
trafficking remains a significant problem. The U.S. Department of State Report
indicates that civil servants purchase child sexual services in Antananarivo
and in Nosy Be. Im not afraid of policemen, since they too are my clients, Nadine, a 15 years old prostitute,
declared (Indian
Ocean Times, November 8th, 2012).
Malagasy law imposes penalties for the corruption of civil servants. However,
the government did not efficiently practice this law and corruption highly
increased after the 2009 State Crisis (United
States
Mission to Madagascar, 2013).
Young girls as foremost victims
Within Madagascar, a wide range of factors
lead the most vulnerable to prostitute themselves; poverty, family unsteadiness
or pressure, neglecting parents, school tuition or simply the temptations of
fashion. (LExpress
de Madagascar, May 15th, 2012).
Prostitution is increasing everywhere in the
country. In the main harbor Toamasina, which contains a population of 200,000,
the number of prostitutes grew from 17,000 in 1993 to 29,000 in 2012 (Agenzia Fides, November 6th,
2012).
While young girls are the first to suffer from
the growing problem of prostitution, boys within the country also suffer grave
consequences. According to the report by NGO, End Child Prostitution, Child
Pornography and Trafficking of Children for Sexual Purposes (ECPAT), 98.9% of child
prostitutes within the country are girls, while 1.1% are boys between the ages
of 15 and 17. Considering this alarming level of prostitution, Malagasy
teenagers are largely threatened: 78% of prostitutes are girls between the ages
of 11 and 22, and those who are 17 compose the highest rate, 41.4%. Youth prostitution mainly concerns those
aged 14 to 16 (La Gazette de la Grande Ile, March 23rd, 2013), although younger girls
around the age of 12 are also involved within the market (La Nation, November 29th,
2012). For many of the girls and boys, it is often their
first sexual experience, and youth
prostitution exists largely as a means of survival: 5% of those cited claim
their prostitution as a personal decision, whereas 95% are forced into it (La Gazette de la Grande Ile,
February 9th, 2012).
Victims of prostitution suffer from various
health and security problems. They are confronted by all types of sexually
transmitted diseases, including HIV/AIDS, due to the extortion of clients who
pay higher rates for unprotected sexual relations (LObservateur, February 9th,
2012). According to the National Committee for the
Fight against HIV/AIDS (CNLS) the Malagasy population continues to run a
very low risk for HIV/AIDS (<1%) (UNESCO, 2013). Given the pervasive nature of prostitution within the
country, this statement has been met with skepticism from representatives of
the United Nations (LExpress
de Madagascar, June 24th, 2013).
In addition to the threat of STDs, prostitutes
of Madagascar are also victimized by mental and physical abuse, sexual
violence, and gang rapes (Newsmada, February 9th, 2012).
Under the veil of night clubs or parties,
prostitution is practiced in illicit enterprises, of which the number is
rapidly increasing in the North-West (Madaplus.info, March 22nd, 2013). Moreover, indirect prostitution is reaching an
unprecedented level. In Antananarivo, 3 out of 10 girls working in massage parlors admit to having practiced
prostitution (La
Gazette de la Grande Ile, December 4th, 2012).
Prostitution networks
The capital city of Antananarivo has
various procurement networks composed of loyal clients and providers who are
responsible for recruiting from schools or underprivileged families according
to precise characteristics such as age, ethnicity, apparent physical beauty,
and health (Tananews,
February 9th, 2012).
In September 2012, an important youth
prostitution network in the capital was dismantled. Out of the 45 arrested, 25
were minors. A number of the parents received, in turn, police summons from the
state to determine whether or not they could be held guilty for the forced
labor of minors and incitement to debauchery. Other unexpected proceedings
are due to take place explained a statement by the police (LExpress de Madagascar,
September 27th, 2012).
From a statistical point of view, most prostitution victims in La
Runion are Malagasy. Every year about a
hundred girls arrive from Madagascar. The Malagasy Connection, a procuring
network, allows Malagasy girls to get short stay visas in La Runion. Girls recruited from La Runion are then put in the hands of
a procurer or an auntie who want to cover, in the most extreme cases, the
cost of travel. Cutting down the prices, the Malagasy overran the market.
The price fell from 40 ($55 USD) down to 15 ($20.6 USD), sometimes even to
10 ($13.75 USD). They charge 30 ($41.2
USD) for unprotected intercourse as one of them declared (LExpress
de Madagascar, April 15th, 2013). On December 10th 2012, a number of people, mainly Malagasy, suspected
with belonging to a prostitution network, were arrested in St Denis de la
Runion.
Measures against prostitution
The Malagasy society is gradually becoming
aware of the situation, as proved by the national symposium on child protection
which took place in 2012, entitled Lets
protect our children from ill-treatment and debasing forms of work. Its
aim was to break the political and social silence around the countrys fragile
system of child protection and to offer solutions for numerous problems faced
by the countrys children, including sexual exploitation (Newsmada, September 27th,
2012).
In addition, in December 2012, the Ministry of
Tourism together with ECPAT-France, The International Board of Work and the
network for child protection in Nosy Be, agreed on a precise code. A monumental
step toward a better system of awareness and enforcement, the code calls for
the strict application and adherence to laws, the exclusion of unaccompanied
minors from the purchase of hotel or hostel rooms, and numerous additional
measures to protect those at risk (La Tribune de Diego et du Nord de Madagascar, March 12th,
2013).
Finally, a number of NGOs are deeply involved
in the fight against prostitution in Madagascar. To give only one example, the
Groupe Developpement Madagascar took charge of 146 children at risk of sexual
abuse in the capital of Antananarivo in 2012. In order to carry out canvassing
in separate neighborhoods
and schools, numerous community structures have been organized in
underprivileged sectors, raising awareness of the issue for both parents and
children who run the risk of exploitation (Tribune de Madagascar, November 20th,
2012).
Sources
- 50 %
des prostitues sont mineures , Newsmada,
February 9th, 2012.
-
Afrique/Madagascar – Une femme sur sept exploite sexuellement –
augmentation vertigineuse de la prostitution du fait de la pauvret , Agenzia Fides, November 6th,
2012.
-
Boeny : un tourisme sexuel rampant auprs des mineurs , LExpress de Madagascar, May 15th,
2012.
-
Dbauche des mineures, des jeunes filles de 12 17 ans se livrent dj la
prostitution ! , La Nation,
November 29th, 2012.
-
Lexploitation sexuelle des enfants , Tribune
de Madagascar, November 20th, 2012.
- La
Runion, une filire malgache de prostitues , LExpress de Madagascar, April 15th, 2013.
- Le
Sida devient une pidmie concentre , LExpress de Madagascar, n.5556, June 24th, 2013.
-
Lutte contre lexploitation sexuelle des enfants : quen est il dans le
nord de Madagascar ? , La
Tribune de Diego et du Nord de Madagascar, March 12th, 2013.
-
Madagascar – Rapport 2012 sur les droits humains – rsum
analytique , United States Mission
to Madagascar, Press Release, April 20th, 2013.
-
Madagascar : 25 prostitues mineures arrtes , LExpress de Madagascar, September 27th, 2012.
-
Madagascar : la prostitution et la dlinquance explose dans le Nord Ouest
cause des bars clandestins , Madaplus.info,
March 22nd, 2013.
-
Madagascar : recrudescence de la prostitution pour fuir la
pauvret , Indian Ocean Times,
November 8th, 2012.
- Massage :
face cache de la prostitution , La
Gazette de la Grande Ile, December 4th, 2012.
-
Prostitues mineures : les trangers sont les plus preneurs , Tananews, February 9th, 2012.
-
Prostitution Antananarivo, 34% des clients frquentent des mineures , LObservateur, February 9th,
2012.
-
Prostitution des enfants : les clients sont responsables , La Gazette de la Grande Ile, March 29th,
2013.
-
Prostitution des mineures, 95% des filles obliges , La Gazette de la Grande Ile, February 9th, 2012.
-
Prostitution des mineurs : les jeunes filles de 14 16 ans sont les plus
exposes au risque , Newsmada,
May 25th, 2012.
-
Prostitution juvnile, 41.4% des jeunes de 17 ans se prostituent , La Nation, March 23rd, 2013.
-
Protection des enfants : le symposium brise le silence sur les
difficults , Newsmada,
September 27th, 2012.
- Tourisme
sexuel Madagascar : les rgions ctires trs concernes , La Gazette de la Grande le, May 4th,
2012.
- Tourisme
sexuel : la faute lajustement structurel du FMI , La Gazette, August 29th,
2012.
-
Travail des enfants et prostitution infantile : la monoparentalit,
linsuffisance budgtaire et la culture freinent la lutte , Newsmada, April 15th, 2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
-
UNESCO, Document UNESCO de programmation
pays Madagascar 2012-2013, BSP/UCPD/2012/MDG, January 2013.
- NGO Groupe
Dveloppement Madagascar : www.gdmadagascar.org
|
Mexico
|
- Population:
116.1 million
- GDP per
capita (in US dollars): 9,742
-
Presidential regime with a federal organization
- Human development index
(HDI): 0.775 (61st rank among 187 countries)
- Gender inequality index (GII): 0.382 (71st
rank among 147 countries)
- Estimate of 450,000 and 500,000 prostitutes.
- There are 25,000 child prostitutes according to
authorities, but according to witnesses this number should be doubled or indeed
tripled.
- Prohibitionist regime but in certan tourist zones,
prostitution is tolerated and seems to be regulated.
- The main locations of prostitution are Acapulco, Cancun;
Merida; and Mexico City.
- Domestic and foreign trade of women and girls as well as
migrants.
- Victims of domestic trade come from migrations from Latin
America, especially from El Salvador, Honduras, Nicaragua, Ecuador, Brazil,
Colombia, via the Dominican Republic and Cuba. Traffic from Africa, China
(often in the direction of Canada) and India, also develops.
- Human trafficking is closely related to drug and arms
trafficking controlled by international and border mafia cartels.
- Country of origin, transit and destination for human
trafficking.
Situated
between North and South America, Mexico is a country of origin for migrants
going towards the North. Around 400,000 people, mostly Central Americans and
Mexicans cross the south Mexican border and head towards the United States,
suffering through dangerous and inhumane conditions during their journey. They
easily become the prey of human and drug traffickers.
Social and
economical inequalities reach such a high level that a wide gap seems to exist
between extreme wealth and extreme poverty. Added to the economic instability,
the political fragility of the country does not leave room for improvements in
the population's living conditions.
Place of mafia cartels in politic and economic fields
Entire sectors
of the economy are run by mafia cartels, (tourism, leisure activities,
exclusive clubs, bars, nightclubs). On the contrary, the education sector
leaves a lot to desire, which gives way to the appeal of the easy and immediate
money-making culture offered by sex tourism, drugs, and local or mass
prostitution.
President
Calderons administration had to do a lot to try to control these cartels. The
cartel, Los Zetas has more men than the Mexican army, which indicates
their financial power but, above all, their ramifications all over the country.
Cartels can rely on a native underlying crime born out of the extreme poverty
in these populations. These cartels maintain an atmosphere of violence and
terrorize citizens and official authorities who become corrupted and
accomplices.
Lastly, the
country does not have a strong or repressive enough law to counter these
methodologically organized mafia organizations.
Inland prostitution and procuring
In Europe, the
loverboys system, procurers trained
to romantically seduce fragile young girls is established. In Cuba, the jineteras, luxurious young female
prostitutes are successful. In Mexico, boys dream of becoming procurers, a
practice which makes money (Courrier International/New York Daily News, June 20th, 2012).
According to a report from the University of Tlaxacala, 44% of boys (13 years
and older), admit to having a friend who wishes to be a procurer, while 16% of
them indicate of having this plan in mind. This was not surprising because the
town of Tenanciago, in the state of Tlaxacala, shelters the most important
human trafficking cartels. The men of the family, Los Carretos, have been procurers for many generations and pass on
their knowledge on the subject. These families usually live in New York and
have various properties in Tenanciago, where they go once a year for the
carnival in February. They parade around town, holding a whip, with the women
that they prostitute. According to Oscar Montiel, an anthropologist, their
large residences are named calcuilchil (sex-houses)
by the locals. The young women are locked in and raped before being disposed
of, by a simple call, to American clients in Queens. How many of them are
there? How do they survive after more than 30 men a day? People from Tenanciago
tend to condemn their way of life and marginalize them without
further information. Once they are back in their country, procurers ride around
in beautiful cars and lavishly spend their money. In any case, no one feels
able to oppose them.
According to
Rosi Orozxo, a member of the Mexican Congress and President of the Special
Committee Against Human Trafficking, child pornography brings in about $42
billion USD a year (33,97 billion ).
A wide scale sex tourism
As Catherine
Montmagny-Grenier; from Montreal University, emphasizes in her research on sex
tourism in Mexico, presented to the members of the Association canadienne francophone pour les savoirs (ACFSAS) on May 11th, 2012 (cited
by Matthieu-Robert Sauv), Colombia, Cuba, the Dominican Republic and
Brazil are becoming famous for sex tourism, but in Mexico, the new Bangkok, and
in Argentina, the sex business has been flourishing for a long time.
The Mexican
newspapers have a significant role in sex tourism and publish announcements
from prostitutes aiming to attract tourists. Single or lonely tourists are not
discouraged by the frequently broadcasted announcements on the internet or the
direct solicitation from young girls in bars or beaches.
At the same time, the frequent abductions of boys under the age of 10, or
even under the age of 6, seem to confirm Eway's article (an NGO working for responsible tourism) on the supply of
young boys around airports or in taxis in order to provoke curiosity and
temptation for tourists.
This proves the powerlessness of authorities, since, apart from one or
two publicized cases, almost no procurer has ever been sanctioned. Various
reasons can be discussed such as, fear or corruption...
Girls and children disappearance
In April 2011,
the U.S. Department of Justice Initiative launched the AMBER program in
Mexico. A training program was proposed to child professionals, police, judicial
and social services and child protection charities in order to prevent child
abduction- (an average of 500 a year) and to undertake urgent investigations.
In April 2012,
the First Lady, Margarita Zavala, became President of the Direccion de Desarrollo Integral de la
Familia (DIF) and created the National Child Abduction Service in
Mexico. The initiatives taken by the Southern
Border Initiative of Fox Valley
Technical College were multiplied in order to allow trained individuals
to become trainers. Since then, charities have set up national branches in
order to alert on missing children.
Together with the Instituto
Nacional de las Mujeres de Mexico, the website Coalicin contra el Trfico de Mujeres y Nias en Amrica Latina y el
Caribe (CATW-LAC), have listed and published the names and photos of
young women and girls (14 years old and up) and children (under 13) who have
disappeared since the early 2000s, on one of their tabs called Alerta Roja (Red Alert).
Paradox and concerted action program
The AMBER
program is a first step towards common and joint actions between countries,
especially the United States and Mexico. It responds to Catherine Montmagny-Grenier's remark, reminding that Mexico is an
official commercial partner of Canada and the United States, linked together by
NAFTA. At the same time, it points out the paradoxes of governments and
concerned services. The two Carribean islands serve as recruiting and transit
locations of young women and children sent to Mexico. They provide the
sidewalks of New York and California with young migrants. One must question
the meaning given to free trade , to the United States'
indifference towards the goods and, on this precise case, to the extreme
tolerance or blindness of American authorities controlling the Mexican border.
To the same
effect, on April 3, 2012, the President of the UN General Assembly encouraged
its members to forge partnerships to fight against human trafficking.
Thenceforth, a partnership with the particularly active areas on the subject
may be worth discussing: the Carribbean Islands (Cuba, Dominican Republic,
Haiti, Jamaica) and Mexico, along with the main suppliers of human
trafficking such as Brazil, Argentina and Colombia, and the consuming
countries, such as Canada and the United States. Along the same lines, but
contrary to the free trade agreement, a coordination of migration policies
serving to control the flow of people may be created and would support long
term projects against human trafficking. Both common and multilateral
strategies could form barriers to the cartels, those of which are already
masters in these international strategies.
Only the
highest authorities can make choices and set up structural and cultural
reforms. It implies planning programs over the course of many years, heavy
financing and investing in equipments and staff in many sectors: economic,
judicial, police, education, sanitary (health) and social nevertheless, a
brave attempt to experience.
Sources
- Amnesty International, Annual
Report 2013 – The state of the worlds human rights, 2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Ebrard Casaubon M. (Lic.), Diagnstico de causas estructurales y sociales de la trata de personnas
en la Ciudad de Mxico, Coalicin
contra el Trfico de Mujeres y Nias en Amrica Latina y el Caribe (CATWLAC),
Instituto de las Mujeres del Distrito Federal (INMUJERES-DF), November 2012.
- Montmagny
Grenier C., Quels sont les facteurs menant la commission d'un dlit dans un
contexte touristique l'tranger : le cas du tourisme sexuel au
Mexique , in : Domaine de
recherche 401 – Dveloppement et fonctionnement des personnes et des
communauts et vie sociale, 80th Congress, Association francophone
du savoir (ACFAS), Montreal, 7-11 may 2012.
- Pearson E., La ville o les maquereaux sont
rois , Courrier international/New
York Daily News, June 20th, 2012.
- Sauv M.-R.,
Le tourisme sexuel est florissant au Mexique , UdeM Nouvelles (Universitt of Montreal),
April 23rd, 2012.
- U.S. Department of State, Trafficking in Persons Report, June 2013.
- United Nations Office on Drugs and Crime (UNODC), Global report on trafficking in persons, December 2012.
- Vigna A., Homos et htros, un mme got pour l'enfance , Echoway, 2012.
-
Coalicin contra el Trfico de Mujeres y Nias en
Amrica Latina y el Caribe (CATW-LAC): http://www.catwlac.org/inicio/
- Southern Border
Initiative (SBI):
https://www.ncjtc.org/AmberAlert/Projects/SouthernBorderInitiative/Pages/default.aspx
|
Morocco
|
- Population: 32.6 million
- GDP per capita (in US dollars): 2,925
- Constitutional monarchy
- Human development index
(HDI): 0.591 (130th rank among 187 countries)
- Gender inequality index (GII): 0.444 (83rd
rank among 147 countries)
- No official national statistics on prostitution.
- Prostitution and male pedophilia are progressively more
visible.
- Articles 497-507 of the Penal Code condemn prostitution
with 2 to 10 years of imprisonment and a fine of 5,000 to 1 million MAD ($611
to $122,389 USD).
- Premature forced marriages induce high divorce rates and
push young isolated mothers into prostitution.
- Female luxury prostitutes charge up to 1,500 MAD ($183
USD) per day while the inexpensive prostitutes can charge between 15 and 20 MAD
($1.83 and $2.46 USD).
-
Development of sex tourism.
- Country of origin, transit and destination of human trafficking
victims.
Between 2011
and 2012, the number of foreigners in Morocco has drastically increased. The
kingdoms relative stability in the midst of the Arab Spring led to its
increased popularity as both a tourist and refugee destination, with the former
flowing in from Europe and the Gulf countries, and the latter fighting for
asylum or passage from Mali, Algeria, and numerous Sub-Saharan states. The
increase in traffic to, and through, Morocco corresponds with an increase in
human trafficking and prostitution, on both the supply and demand sides. The
vulnerable trans-migrants are the goods, which the wealthy tourists demand.
Considered a tier
2 state by the 2012 U.S. Department of State Report on Human Trafficking,
Morocco is primarily a transit state, although increasingly stringent border
controls in the EU (the primary destination of smuggled and trafficked persons
traveling through Morocco) have led to migrants becoming stuck in Morocco,
where they often run out of funds and are forced to prostitute themselves to
survive or continue their travels. In addition, Moroccan women have been
trafficked, or forced into prostitution in the EU, Bahrain, Jordan, Libya, Syria,
Kuwait, the UAE, and the Philippines.
Within
Morocco, urban prostitution has become more visible, and more lucrative. The
big tourist cities such as Casablanca, Rabat, and Marrakech have seen an
increase in male prostitution, child prostitution, and prostitution de luxe.
Whereas the rural areas, particularly in the Mid-Atlas region where low-income,
poverty induced, prostitution once prospered, has increasingly seen
civilian-run movements to eliminate prostitution.
Increase in prostitution de luxe
Although
prostitution is not a new phenomenon in Morocco, in recent years it has
reportedly transitioned from solely a matter of necessity for the poorest of
women, to a lucrative activity. While the majority of prostitutes still act out
of necessity and not choice, the cities, in particular tourist destinations
such as Casablanca, Rabat, and Marrakech, have developed a so called
prostitution de luxe. Working outside the bousbir or red light district,
operating instead in high-end nightclubs, bars, and hotels, these girls, charge
around 1,500 DH per night ($433 USD - 315 ), and may operate through a procurer,
an intermediary, or alone (La Vie Eco, April 6th,
2012). In
Rabat, the high-end girls are generally students from the multitude of
universities around the campus of Madinat Al Irfane, many of whom operate once
or twice a month, either to pay their tuition, or simply to enjoy a more
luxurious life (Lobservateur, June 18th, 2012).
On the other
hand, most prostitutes in Morocco still do so only out of desperation. For
example, the Blvd. Mohammed V in Casablanca has cheap rooms above the street
level cafes, which are used by prostitutes from all over the city and the
surrounding area. Many women working in the cafes and nearby markets live
outside the city in crowded group apartments and come in to look for any sort
of work, agreeing to paid sex only if propositioned by a customer or
intermediary. For these women, the price is low, ranging from 15-20 DH ($2.48
USD - 1.8 ) (La
Vie Eco, April 6th, 2012).
In rural
areas, particularly the Mid-Atlas region, once a permissive zone for
prostitution, prostitutes are being driven out of their villages. A group
calling itself The Islamists (although it denies any political or religious
affiliation) wiped Ain Leuh, once known as the place to go for sex, clean of
prostitution. The group claimed that they were acting to restore the dignity of
the town, and protecting their daughters from accidental solicitation by sex
tourists. However, others believe that they acted too harshly, using violence
and terror to scare the women out of their homes (New York Times, October 29th,
2012). Some residents
have suggested that scaring the women away had a negative effect on their
economy, as they had been bringing in tourists, and were the primary customers
for many local businesses (Slate Afrique, November 5th,
2012).
Stuck in transition
According to the
2012 U.S. Department of State Report on Human Trafficking, Moroccos location
on the Mediterranean makes it a popular state of transit for Sub-Saharan
migrants (legal and illegal) looking for passage to Europe. However, as the
European Union continues to tighten its borders, more and more migrants become
stuck in Morocco. An estimate of Sub-Saharan migrant populations in Morocco
for 2012 suggests that out of the 45,000-100,000 Sub-Saharans present in
Morocco, around 30% are women. Many of these trans-migrants enter Morocco
voluntarily, but illegally, either with the help of smugglers, or in small
groups. The smuggling costs can be high, and many willing migrants soon become
the victims of trafficking upon reaching the Moroccan-Algerian border when they
are unable to pay for the next part of their journey. Smugglers often keep the
migrants in camps in the desert until they are able to pay to be brought over
the border; some women are forced into prostitution to pay their debts to the
smugglers and some of those who cannot pay are sold to traffickers (Ethnic and Racial
Studies, 2012).
Women who
enter the Oriental region (containing the Algerian border as well as the
border of the Spanish territory of Melilla) are particularly vulnerable to
getting stuck. Many trans-migrant women travel through the border between
Maghnia, Algeria, and Oujda, Morocco, with their husband, or adopt a travel
husband to protect her on the journey. However, smuggling fees for women are
often higher than those for men ($206 USD compared to $69 USD – 150
compared to 50 ) and upon reaching the border, women may be left behind when
they are unable to pay. Between this financial stress and isolation, these
women are often subject to beatings and rape or forced into prostitution or
temporary marriage with their smugglers in order to continue on (MSF, 2013).
The
trans-migrants that manage to enter Morocco may attempt to get to Oujda, or
live in illegal camps in the surrounding forests. Those who cannot afford
smuggling costs may attempt to enter Melilla by swimming or climbing fences.
The border patrols on both the Spanish and Moroccan sides are notoriously
brutal, Mdecins Sans Frontires (MSF) reports hundreds of brutal beatings by
border control every year. In 2012, they reported that 63% of Sub-Saharan trans-migrant
women in Morocco had experienced sexual violence, out of those, 64% were
perpetrated by Moroccan security, 21% by Moroccan bandits or smugglers, and 7%
by Spanish border guards. These vulnerable trans-migrant populations that
manage to live illegally in Morocco are often unable to find work, especially
those from Sub-Saharan countries as many report employers unwillingness to
hire blacks. Thus, many of the women and children are forced into
prostitution in whichever city they are trapped in, notably Marrakech, and
Oujda. In addition, those women who became pregnant during their journey often
give birth to mixed-race children which are ostracized by both the Arab-Moroccan
community and the Sub-Saharan communities, leaving them vulnerable to
trafficking and prostitution.
Male prostitution and pedophilia on the rise
Although both
prostitution and homosexuality remain taboo in Morocco, male prostitution is
becoming increasingly visible in the large tourist cities. Boulevard Rachidi,
and the neighboring Parc de la Ligue Arabe, in Casablanca, contain the largest
male prostitution network in Morocco. Men and boys sell themselves there for
varying prices, to a mainly masculine foreign clientele, although some
Moroccans clients have been reported. The prostitutes are often young boys
forced to make money any way they can, and are not necessarily homosexual.
Although many are indeed homosexual, bisexual, transgender or transsexual, some
are heterosexual simply in search of any form of income (Slate Afrique, July 9th, 2012).
In April 2012,
the Moroccan Minister of Justice announced a condemnation of pedophilia and
prostitution, but then enraged childrens rights groups when he visited a Koran
School in Marrakech which had issued a fatwa
(religious Islamic decree) authorizing the marriage of girls as young as 9
years old (Yabiladi, April 2nd, 2012).
Pedophilia is
also becoming an increasingly large problem in Morocco. Pedophilia scandals
have appeared more and more often since 2005, and 2012 saw two of international
importance.
In September,
a French luxury hotel developer, working for the hotel chain Mandarin
Oriental was accused of pedophilia and of the production of pornography in
Marrakech. While developing a luxury complex, Patrick F., under the online
alias Louis 14, abused dozens of young boys (Afrik, September 26th,
2012), and
also used up to 30 of the riads (housing
units) for prostitution purposes (Le Monde, September 26th,
2012). Police
found 15,526 photos and 30 videos of young boys aged 14-20 on his computer.
This followed the 2011 trial of a Spanish tourist, who was sentenced to 30
years in prison for pornography and child abuse, just one of 40 tourists who
have been charged with pedophilia in Morocco since 2001 (Yabiladi, September 18th, 2012).
Improved awareness, improved action
Moroccan law
denounces prostitution, pedophilia, and adultery, which are addressed in
articles 497-507, and 491 of the Penal Code respectively. However, these
generally punish the prostitutes as well as the procurers and clients,
regardless of their status as victims of trafficking or forced sexual acts.
Additionally, as many prostitutes are illegal trans-migrants, many acts of
abuse or violence towards sex workers go unreported; any person in Morocco
without proper documentation is considered a criminal, and subjected to
deportation to the desert borders (MSF,
2013). However, many NGOs have increased their activity in Morocco, and there
has been improved public awareness of the dangers of prostitution and human
trafficking. For example, between 2010 and 2012, MSF treated 697 survivors of
sexual violence in Oujda and Rabat alone and worked to improve awareness about
the dangers of forced, and early marriages.
Sources
-
Etudiantes le jour, prostitues la nuit , Lobservateur, June 18th, 2012.
-
La chasse aux prostitues est ouverte au Maroc , Slate Afrique, November 5th,
2012.
-
Les hommes prostitus sortent de lombre Casablanca , Slate Afrique, July 9th,
2012.
- Maroc: Plusieurs Franais
impliques dans une nouvelle affaire pdophilie Marrakech , Yabiladi, September 18th,
2012.
- Maroc: Un Franais jug pour
pdophilie , Europe1.fr,
September 26th, 2012.
- Pdophilie au Maroc: 2
associations de protection de lenfance condamnent les propos de Ramid , Yabiladi, April 2nd, 2012.
- Pdophilie: le Maroc va juger
un htelier franais , Le Monde,
September 26th, 2012.
- Prostitution de luxe: ce
systme o il faut payer une commission tous , La Vie Eco, April 6th, 2012.
-
Scandale au Maroc: un htelier franais jug pour pdophilie , Afrik, September 26th, 2012.
-
Villagers in Morocco Drive out Prostitutes , New York Times, October 29th,
2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Mdecins Sans Frontires (MSF), Violence, Vulnerability, and Migration:
Trapped at the Gates of Europe, March 2013.
-
Stuck, I., Gender and the Dynamics of Mobility: reflections on
African migrant mothers and transit migration in Morocco , Ethnic and Racial Studies, Vol.35, Issue
9, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
|
Nepal
|
-
Population: 31 million
- GDP per capita (in US dollars): 707
- Federal Democratic Republic
- Human development index
(HDI): 0.463 (157th rank among 187 countries)
- Gender inequality index (GII): 0.485 (102nd
rank among 147 countries)
- No official national statistics on prostitution.
- About 40,000 Nepalese prostitutes between 20 and 30 years
old are estimated in the capital city, Kathmandu.
- Around 7,500 child victims of trade belong to ethnic
minorities.
- About 500 transgender prostitutes are estimated to be in
the country.
- The interim constitution of 2007 ensured the right against
exploitation and officially prohibited human trafficking, especially that of
women – The Human Trafficking and Transportation (Control) Act
2064 of 2007 prohibited the solicitation of prostitutes' services.
- Country of origin, transit and destination for human
trafficking with the purpose of sexual exploitation.
- Approximately 200,000 Nepalese prostitutes in India of
which 100,000 are in Mumbai. Each year, 10,000 to 15,000 Nepali from 7 to 24
years old (average age: 15) are sold in Indian brothels.
The scourge of
sexual exploitation increasingly poisons Nepalese society, as seen by the
extremely worrying state of the country's political and economic situation
Almost six
years after the signing of a peace agreement between the Maoist guerilla and
the government, ending 10 years of civil war (1996-2006), the country is still
infected by political instability. The peace process in force since 2006 has
allowed the country to make various changes, in particular, abolishing the
monarchy. The Constituent Assembly, elected in 2008, has elaborated a new
constitution after only a four year mandate. Its dissolution on March 29, 2012,
has led the country into a constitutional crisis, the Interim Constitution does
not consider the possibility of change. The political instability has worsened
the Nepalese economy which was already in a bad state. According to the World
Bank estimates, approximately half of the 30 million Nepalese are living under
the poverty line (Agenzia Fides,
September 19th, 2012). Nepal is one of the poorest Asian countries.
Unemployment there is endemic. The exodus of the population toward the cities,
toward the Gulf countries and most of all toward India, where 6 to 8 million Nepalese
live, is increasing.
Poverty, the
low level of school enrollment, corrupt agents, a patriarchal society, a caste
system, are all elements exposing the most vulnerable Nepalese to sexual
exploitation.
A legal frame strangely enforced
Nepal has
signed a number of international and regional conventions, such as the 1997
Convention on the Elimination of all Forms of Discrimination Against Women,
ratified in 1991, and its additional protocol in 2007; the 1989 Convention on
the Rights of Children, ratified in 1990; and the 2002 SAARC Convention on
Preventing and Opposing the Crime of Women and Children Trafficking with the
Purpose of Sexual Exploitation, ratified the same year.
Under national
law, the temporary constitution of 2007 guarantees the right against
exploitation and formally prohibits human trafficking, particularly that of
women (Article 29). The Human Trafficking and Transportation (Control) Act
2064 of 2007 prohibits resorting to the sexual services of a prostitute.
The associated penalties toward clients are one to three months of imprisonment
and a 200,000 NPR fine ($2,200 USD) The person forcing someone into
prostitution is liable for 5 to 10 years imprisonment and a fine from 50,000 to
100,000 NPR ($500 to $1 000 USD). The law provides that the victim's
compensation must not be less than half of the exploiter's fine. The burden of
evidence lies on the accused who must prove that he did not commit the
infraction.
It is clear
that the reality of the situation is very different. In fact, victims of
prostitution are twice victims as they are arrested, detained and harrassed by
the police in accordance with 1970 laws on public order, tranquility and
obscenity (Shukla, 2010). Impunity is
very present and public servants prefer protecting the exploiters rather than
the exploited. Traffickers have deals with members of the government in order
to facilitate their trafficking. Some Nepalese officials are bribed into
setting up false information in real Nepalese passports. According to the 2013
U.S. Department of State Report on Human Trafficking, there was not a single
case against members of the government for being accomplices to the infractions
linked to human trafficking in 2012. In addition, condom possession in the
street is often used by the police as proof of prostitution, victims are thus
falsely arrested, and then raped by the police[78]. This
encourages them to not use condoms anymore, which contributes to the spread of
HIV/AIDS in Nepal. In 2011, the prevalence of HIV in adults, was 0.3 %.
The awareness
of society on sexual exploitation is limited as stated by Chapter 14 of the Country
Code, providing a smaller penalty if the victim of rape is a prostitute. In
2002, the Supreme Court of Nepal overturned this provision, declaring it
unconstitutional because "prostitution is a practice regardless of
whether it is legal or illegal". It recognized constitutional rights to
victims of prostitution: equality to choose his/her practice without being
discriminated (Shukla, 2010).
According to
the 2013 U.S. Department of State Report on Human Trafficking, 189 perpetrators
of sex trafficking were condemned by Nepalese courts in 2012, opposed to the
229 in 2011. However, 2012 allowed for a judicial record, as a district court
sentenced a perpetrator of sex trafficking to 170 years in prison, the longest
sentence registered in Nepalese history, and imposed a substantial fine.
The most vulnerable populations, first victims
Young girls
and women
The trafficking of young girls and women is due to their weak cultural
status (Women Out Cry - blog, January
27th, 2012). Nepalese society is patriarchal. Young women are often
considered as a burden to their family, especially in rural zones. (Share Foundation, October 31st,
2012). They do not have a lot of access to education. A demographic and health
survey conducted in 2011 found that only a third of the women from 20 to 24
years old had been to secondary school, and only half of them had finished
their studies. Approximately a fourth of these young women had never received
any sort of education (The Guardian
Unlimited, May 8th, 2013). All in all, they are vulnerable to
sexual exploitation, even more so if they are virgins. The fear of HIV/AIDS
leads men to look for virgins, because, according to a Nepalese cultural myth,
having sexual relations with a virgin, will heal HIV/AIDS infected men. As a
consequence, 8 to 12 year old girls are desired prey (Women Out Cry - blog, January 27th, 2012).
The
"Untouchables"or the "Dalits"
The caste system dominates Nepalese society. This system is inseperable
from the notion of purity. The highest castes are deemed to be "pure"
and the lowest to be less "pure". At the end of the scale, are the
people "out of caste" called the "untouchables" considered
to be the "pariahs" of society. People from the lowest castes are the
easiest preys for traffickers. For example, the Badis, the Nepalese "Untouchables"
where prostitution is a cultural phenomenon. (Anti-caste, May 7th, 2012).
Low income
populations
Current trends of sexual trafficking highlight the fact that women from
upper castes can equally be bought or sold by traffickers because of the
national degree of poverty (Amplify your
voice, March 15th, 2012). According to UNICEF studies, the
estimate of people living under the $1.25 USD (1 ) poverty line from 2006-2011
was 25%. Due to poverty, many people prostitute themselves in order to survive.
Moreover, the role of family is crucial. Parents, in order to protect their
daughters, prefer to send then to "friends" who promise to find them
a job and enroll them in school in Kathmandu, in India or to even marry them,
as arranged marriage is cultural in Nepal. Parents' trust towards their
counterparts and the lack of public awareness campaigns, most particularly in
rural zones, on human trafficking with the purpose of sexual exploitation, are
factors in favor of sexual exploiters benefitting from the parents' credulity (Share Fondation, October 31st,
2012). Furthermore, in a desperate attempt to earn extra money, some parents
are willing to sell their daughters in exchange for food or shelter (Women Out Cry - blog, January 27th,
2012).
Transgenders
In 2007, the
Supreme Court of Nepal recognized a third gender on identification documents.
This decision remained unenforced. These ID documents are mandatory to obtain a
job. Up to 500 transgender people are forced to prostitute themselves in Nepal
due to the lack of employment possibilities. About 200 of them live in
Kathmandu (Global Press Institute,
January 29th, 2013).
Prostitution in Nepal with
sex tourism
Prostitution
is particularly present from Thamel, a neighborhood of the capital Kathmandu,
to Pokhara from the Kaski district and to Itahari from the Sunsari district. Furthermore,
there are many other less known areas that are exposed to prostitution. The
number of victims from domestic human trafficking is unknown, but some 40,000,
12 to 30 year old Nepalese practice in close to 1,200 dance restaurants and in
massage parlors, only in the capital, Kathmandu. According to the local NGOs
estimates, each year, at least 7,500 children will be victims of human
trafficking with the purpose of sexual exploitation in the country. The
official statistics on missing women in Kathmandu indicate that, on average,
500 Nepalese will be reported as missing each year (Xinhua, September 7th, 2012).
The sex
industry in Nepal is managed by organized crime. This industry generates 2% to
14% of the GDP and strenghtens the vulnerability of prostitutes, because even
the public servants in charge of protecting them are, for the most part,
corrupt.
Nepal is more
and more a top destination in South Asia for sex tourists. NGOs, of which ECPAT Luxembourg is included, have
observed the increase of sex tourism. This tendency concentrates in urban zones
of Kathmandu, in Pokhara and in cities of the Terai region (World Press, April 14th,
2012), and develops in places such as massage parlors, dance bars, and
restaurants.
The
organizations on child rights are worried by the rise of pedophiles in Nepal.
In November 2010, the Assize Court of Paris condemned a French citizen to a one
year jail sentence due to the action of the NGO Plante Enfants, which brought the case to the Brigade de Protection des Mineurs
(BPM - Minors' Protection Unit).
He was managing a house for children in Kathmandu in the 1980's-1990's and
sexually abused 8 children during almost 13 years (IANS, January 9th, 2011). Most of sexual abuses cases on
children remain unreported, especially when young boys are involved. According
to the Child Workers in Nepal
Concerned Center (CWIN), some pedophiles have created orphanages and
shelters for poor abandoned children. It is only thanks to organizations
defending child rights that during the period of 1995-2001, 8 pedophiles were
arrested and sentenced, with the most recent arrest of a British pedophile in
February 2011 for hosting and sexually exploiting children in a guest house (Salem News, August 19th,
2012).
India, a global hub for Nepalese
sexual exploitation
The ascendency
of India over Nepal was formalized in the Treaty of Peace and Friendship,
signed by both countries on July 30, 1950. While recognizing Nepal's
independence, New Dehli imposed its government with the duty to inform of all
interventions or disagreements which could jeopardize their neighborly
relations. For both populations, the treaty, which is still in force provides
for the absence of visas, or even real borders, and a total freedom of
establishment and property. (Le Monde
Diplomatique, March 2012). The Nepalese economy relies heavily on its trade
with India. Almost two thirds of Nepalese goods and services are sent to India.
Under these conditions, Nepalese citizens are very vulnerable to sexual
exploitation in India due to geographical, social, economical and political
reasons (World Pulse, November 29th,
2012). According to the Coordinator of the Fighting against Women Trafficking Project of the Family Planning Association of Nepal
(FPAN), there are 200,000 Nepalese within Indian brothels. (The Guardian Unlimited, May 8th,
2013) among which 100,000 are located in Mumbai (International Business Times, July 12th, 2012). Each
year 10,000 to 15,000, 7 to 24 year old Nepalese (average age: 15) are sold to
Indian brothels. They are generally taken to Kathmandu, then to the border
between Nepal and India. As they reach their final destination, they are told
that they are to become prostitutes in brothels. Most are raped, beaten and
held in cages. They are forced to have at least 40 clients a day. If they
protest against this or make any attempt to escape, they are beaten or
tortured. They must repay their buying costs, even though in many cases, they
are not paid. They are frequently forced to abort in the brothels as most men do
not use condoms. Many of them become HIV-positive (Tiny Hands International).
In the last
decade, India has become a transit country used for the Gulf countries and
South East Asia (The Guardian Unlimited,
May 8th, 2013). These women are often sexual exploitation victims in
countries such as Saudi Arabia, Malaysia, Hong-Kong, the United Arab Emirates,
and other Gulf countries (Women Out Cry -
blog, January 27th, 2012).
Islam does not
forbid the slavery of infidels, sexual slavery included. To solve such tragic
situation, the Nepalese government wants to block any migration to Iraq, Kuwait
and Afghanistan where most sexual exploitation cases have been reported. Many
identified victims were prostitutes in brothels or sexually abused by their
"employers". Nepal has thus prohibited women under the age of 30 from
working in the Middle East (Asia News,
June 9th, 2011).
NGOs' essential role for
helping the victims
In addition of
being victims of sexual exploitation, prostitutes are stigmatized by society
and ostracized by their family, especially if they are HIV-positive. Even if
some succeed in escaping, it is difficult for them to return home. They are
generally held as criminals (Huffington
Post, May 5th, 2012).
Nepalese
authorities do not make a strong effort to protect the victims. They are
scarcely able to identify them and when they do, they take them to court, for
example, for possessing false documents. According to the 2013 U.S. Department
of State Report on Human Trafficking, some victims are arrested and then given
back to traffickers. Others are accused on the grounds of dispositions of
"public outrage" as provided by the 1970 law.
In such
context, victims of sexual exploitation need help more than ever, and NGOs have
a crucial role to play in order to protect them and raise public awareness on
human trafficking with the purpose of sexual exploitation. As such, Anarudha
Koirala from the NGO Maiti Nepal was
elected in 2010, CNN Hero of the Year to honor her job in fighting
against human trafficking. (Human Dignity
Forum, April 4th, 2013)
Finally, it
appears that there is a rising awareness from within the police. A two day
training on human trafficking was organized on August 30/31, 2012, at the
Training Center of Metropolitan Police in Maharajgunj.
Sources
- Asie/Npal
– Prs dun quart de la population dans un tat dextrme
pauvret , Agenzia Fides,
September 19th, 2012.
-
Women trafficking and prostitution in Nepal , Women Out Cry (blog), January 27th, 2012.
-
Nepal struggles to contain human trafficking problem , The Guardian Unlimited, May 8th,
2013.
-
Nepals untouchable prostitute caste confined to their traditional role
and repressed for it , Anti-caste,
May 7th, 2012.
- Sex in Kathmandu
City , World Press, April 14th,2012.
- Sex tourism in Nepal lands
3 Indians in jail , Indias Largest Independent News Service (IANS),
January 9th, 2011.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Descamps P., LInde un voisin
encombrant , Le Monde Diplomatique,
March 2012.
-
Ghosh P., Thousands of Nepali girls trafficked to India as sex workers
every year , International Business
Times, July 12th, 2012.
-
Kamal N., Child sex tourism: Nepal focus , Salem News, August 19th, 2012.
-
Khatri P., Human trafficking still rampant in Nepal , Xinhua, September 7th, 2012.
- Parajuli
K., Nepali women victims of prostitution and slavery in Arab countries , Asia
News, June 9th, 2011.
-
Schaeffer J., Human trafficking in Nepal , Share Foundation, October 31st, 2012.
-
Seaver J., Educating girls to stop girl trafficking
in Nepal , Huffington Post,
May 5th, 2012.
-
Shukla R., Sex work and laws in South
Asia: a monograph, Center for Advocacy on Stigma and marginalization
(CASAM), Sampada Gramin Mahila Sanstha (SANGRAM), April 2010.
-
Surendra B., Challenging the humanity: girl trafficking in Nepal ,
Amplify your voice, March 15th,
2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
-
Umaiyal, Sex Trafficking, Reintegration of returnee victims and role of
NGOs in Nepal , World Pulse,
November 29th, 2012.
- United Nations
Development Programme (UNDP), Sex work
and the law in Asia and the Pacific, 2012.
- Usha KC, Citizenship for Third-Gender Nepalese
Expands Job Prospects for Sex Workers , Global Press Institute,
January 29th, 2013.
-
Wrede K., Roland Berger Stiftung, Anuradha Koirala – The woman who
fights human trafficking in Nepal and beyond , Human Dignity Forum, April 4th, 2013.
- Forum for Protection of Peoples Rights (PPR)
Nepal (Training for police on combating human trafficking): http://pprnepal.org.np/?p=340
- Tiny Hands International: http://www.tinyhandsinternational.org/human-trafficking
|
Netherlands
|
- Population: 16.7 million
- GDP per capita (in US
dollars): 46,054
- Constitutional monarchy
with a parliamentary system
- Human Development Index
(HDI): 0.921 (4th rank among 187 countries)
- Gender Inequality Index
(GII): 0.045 (11th rank among 147 countries)
- Founding member of the
European Member since 1952.
- The Netherlands has an
estimated 20,000 to 30,000 prostitutes (full time), two thirds of them are
foreigners. 50 to 80% of prostitutes are subject to financial, physical or
emotional stress.
- Amsterdam has 8,000
prostitutes and welcomes nearly 220,000 consumers each year.
- Regulationist regime. A
revision of the law has been in preparation since 2007.
- Prostitution in
Amsterdam generates a profit of nearly 800 billion ($1.1 billion USD) each
year.
- 16% of identified
victims between 2007 and 2011 were under the age of 18; 40% were between 18 and
23 years old at the moment of their identification.
- Victims of sex
trafficking are mostly Dutch, Nigerian, Hungarian, Bulgarian, Romanian and
Polish.
The myth of the Fokkens
sisters
The Fokkens
sisters, twins, have accumulated between them nearly 100 years of prostitution
and 350,000 sex partners. Picturesque and kind, Martine and Louise Fokkens
became well known after the documentary Ouwehoeren (Old Whores), which was
widely acclaimed at the 2011 Documentary Film Festival in Amsterdam. Two books
were published after the film, translated into seven languages, and have sold
over 70,000 copies in the Netherlands. Since October 2012, the two sisters star
in their own Dutch television show.
As true stars
in their home country, the Fokkens sisters have become the image of the good
old times of prostitution. In reality, the image they portray is nothing more
than a myth desperately clenched by the Dutch in face of a failing regulationist
regime.
An incontrollable situation?
According the
annual report from Coordinatie Mensenhandel (CoMensha), 1,711 victims of human
trafficking were identified in 2012, compared to 1,222 identified in 2011.
Among the 1,711, 1,223 were victims of trafficking for the purpose of sexual exploitation.
1,117 were women or young girls. In the previous year, only 782 were trafficked
for the purpose of sexual exploitation (716 were women or young girls, and 66
were men)
As in 2011,
CoMensha notes that an important number of victims are Dutch: 428 or 25%. It
also notes a rising number of victims coming from Central Europe: 303
Bulgarian, 217 Hungarian and 129 Romanian[79].
This global
rise is also noted by the statistics presented in December 2012 by the National
Rapporteur on Human Trafficking. Between 2007 and 2011, the number of
identified victims rose from 716 to 1,222[80].
This rise could be due to three different factors: an increase in human
trafficking, a better method of identification, or a greater awareness among
public authorities. For Corine Dettmeijer-Vermeulen, a national rapporteur, the
answer is simple: the estimates are rising because of an increased focus on the
fight against human trafficking. We are
seeing human trafficking more and more. This doesnt mean that we must assume
an actual increase of the phenomenon in the Netherlands.
Despite the
numerous debates surrounding the causes of the estimates, all parties agree
that the real number of victims affected goes beyond the known numbers.
CoMenshas spokesman stated, What we see
is only the visible part of the iceberg.
Further diversified areas
for prostitution
The number of
legal areas for prostitution (clubs, display windows, etc.) is beginning to
diminish in all Dutch villages. Since 2007, the municipality of Amsterdam has
been working to tame the legendary red light district (Project 1012), and many
other cities are following its example. In 2011, the city of Alkmaar decided to
close more than 65% of its display windows parlors (Radio Netherlands Worldwide, June 11th, 2012). In
May 2012, the citizens of the city put forward a petition to the municipal
council in order to shut down all display windows. Their claims were as follows:
Prostitution generates problems in public spaces, and creates an insecure
atmosphere that the police are unable to control.
Alongside the
closing of display windows, different forms and areas of prostitution continue
to develop. The Internet, private apartments, escorting services, massage
parlors, are all included. According to a study on the city of Amsterdam (Indoors Project, 2012), prostitution
(licensed or not) takes place in display windows (33.9%), apartments (19.9%),
brothels (14%), bars (6.4%), massage parlors (5.9%), clubs (5.5%), saunas
(3.4%), and other types of areas such as private escorting, sex clubs, gay
bars, and the internet (8.5%).
In November,
the national police KorpsLangelijkePolitieDiensten (KLPD) published the results
of a two-year study on the phenomenon of human trafficking in the Chinese
beauty industry. It was revealed that nearly 50% of massage parlors, nail
salons, and restaurants were used as illegal brothels.
A political scene focused
on the protection of minors
According to
the 2012 report conducted by CoMensha, out of the 1,711 victims of human
trafficking identified that year, 209 were minors and 141 were Dutch minors.
For the same year, CoMensha also counted 278 victims[81]
of loverboys (242 such victims were identified in 2011). 237 out of those counted in 2012 were
less than 23 years old when they were identified, while 104 were less than 17
years old. The finding from the national rapporteur is even more alarming:
while 16% of victims found between 2007 and 2011 were less that 18 years old,
nearly 40% were between 18 and 23 years old when they were first identified. If we consider the age of the victims at the
beginning of their exploitation, rather than their age when they were
identified, I fear that the number (of minors) is much more important
declared C. Dettmeijer-Vermeulen.
The fight
against sexual violence of any form toward children (sex tourism, child
pornography, loverboys) was a major priority of the government throughout 2012.
Multiple plans of action were put in place in order to stop each of these
phenomena.
In April 2012,
a European program to prevent sexual violence against children Stop it Now!
was established in the Netherlands under the direction of the Ministry of
Health. This program includes a toll-free number and an Internet site (https://www.stopitnow.nl)
In October 2012, the Ministry of Justice and the
Lieutenant General of the police launched an awareness campaign about sex
tourism involving children in the Schiphol, Rotterdam-The Hague and Eindhoven airports (Government of the Netherlands, October 24th, 2012). The goal of the
program was to reach potential clients and to encourage Dutch citizens to
report suspicious activity.
After the
publication of the first report on child pornography (2011), numerous measures
were put into place, under the authority of the Ministry of Justice and Health,
to fight against prostitution. Among the measures proposed and put in place in
2012, the Ministries accomplished the creation of a specialized police force on
October 1st, 2012.
Prostitution reform kept
on the back burner
Since 2009,
the Netherlands has been discussing the application of a law, regulating
prostitution and the abuses of the sex industry, (Wet regulering postitie en bestrijding misstande seksbranche
– WRP) to reform the current system. Numerous components are included:
- The creation of a
national licensing program for all types of prostitution;
- An increase in the
minimum legal age for prostitutes from 18 to 21;
- Government registration
of all prostitutes; criminalization of unregistered prostitutes;
- Obligation of the
clientele to verify the registration and legality of the prostitutes they purchase.
The lower
chamber of parliament (Tweede Kame)
adopted the text in 2011, with the hope of implementing it in January 2013.
However, in 2012, the higher chamber (EersteKamer) rejected the proposition
twice and asked the Minister of Justice, Ivo Opstelten, to edit numerous
articles. The controversy mainly focuses on the idea of government
registration, considered as an attack against privacy, and the new
responsibilities of the client, considered contrary to the spirit of Dutch law.
The text will be presented for a third time to the high chamber in 2013.
Amsterdam, the spearhead
in the fight against sexual exploitation
Moving forward
without a decision from the high chamber, the municipality of Amsterdam adopted
a plan of action for prostitution in June 2012 (Gemeente Amsterdam, December 2012). Within the plan, many measures of
the national law above are included: the governments registration of
prostitutes; the responsibility of sex industry establishments to produce plans
to help protect victims and fight against abuse; the obligation of prostitutes
to take a language test in order to evaluate their level of autonomy in
relation to their employers. These measures, adopted by the municipal council
of Amsterdam, took effect on January 1st, 2013.
Beyond these
new measures, the municipality of Amsterdam is going forward with its plan,
Project 1012, launched in 2007 to clean up the red light district. Some
objectives have already been met: 192 of 482 display windows were closed (by
2015, the municipality aims to close 239). The efficacy of these measures
remains under debate. Establishment owners would happily leave the city and
continue to send women into the city to prostitute themselves (The Amsterdam Herald, May 9th,
2012). In March 2012, after a police operation in the hotels of Amsterdam, the entrepreneurs
of the red light district, as members of the most important union of display
windows owners, [Stichting Samenwerkend Overleg Raamexploitanten (SOR)] who
represent 60% of the citys legal establishments, expressed their good
intentions. To help eliminate the hidden sector of the market, they established
a code of conduct and began to collaborate with the police and the justice
system in the fight against trafficking.
In June, the
Ministry of Justice, and the Meld Misdaad Anoniem (Signal a Crime Anonymously)
association, launched a campaign alongside the municipality of Amsterdam to
raise awareness of human trafficking for sexual exploitation. Through a short
film demonstrating the violence and restrictions suffered by victims of sex trafficking,
the campaign teaches clients how to identify the signs of human trafficking
(fear, bruises or scars). Previous campaigns of this sort have allowed close to
120 tips of forced prostitution/human trafficking, and more than 150 tips of
illegal prostitution.
Police and justice against
human trafficking
As in 2011,
large-scale police operations were carried out in 2012 in The Hague. Eindhoven
in particular saw the mobilization of over 300 police officers and 50
government workers (interpreters, social workers, etc.). The citys red light
district was closed off, prostitutes and clients were interviewed, and
establishments were inspected.
Numerous
networks were also dismantled. In April, two Hungarian men were arrested in The
Hague; they were believed to be the key actors of a prostitution network for
Hungarian women between 18 and 25 years old, which shipped to the Netherlands,
Belgium, and Germany. In May, four individuals were accused of organizing a
trafficking network with Romania, and of exploiting numerous young Romanian
girls, whom they contacted through homosexual meet-up sites. Brought to the
Netherlands under many different pretexts, the young women had their passports
confiscated and were forced into prostitution.
Though the
police are active, the remaining work of the justice system is much more
difficult. In 2012, the government prosecuted and convicted 141 traffickers
(all of whom worked together), though only 108 were sentenced in 2011. C.
Dettmeijer-Vermeulen, national rapporteur, underlined the difficulty of getting
convictions. Out of 220 cases handled by his administration between 2007 and
2011, nearly 20% of them were dropped. Only 56% received convictions. Compared
to the gravity of the crime, most convictions were light and inappropriate. In
2011, the average sentence was 25 months in prison. In 2010, the average
sentence was 21 months. It is for this reason that, in March 2012, the Minister
of Justice, Ivo Opstelten, presented legislation to the lower chamber of Parliament,
in order to increase the sentences for human trafficking to be between 8 and 12
years in prison (Government of the
Netherlands, March 1st, 2012).
The debate around B-9
regulation: Helping victims and tracking illegal immigrants
The law that
handles human trafficking may also evolve in a different manner. At the end of
2011, Gerd Leers, the Minister of Immigration, Integration, and Asylum Affiars,
concerned with multiple abuses, put forward a legal provision to limit access
to B-9 benefits and to asylum. B-9 designated a procedure to allow potential
victims of human trafficking access to a 3-month residency permit accompanied
by financial aid and government protection. The goal of B-9 is to give victims
a period of rehabilitation before cooperating with the justice system. In its
entirety, the system has been beneficial. Instilling
confidence is the most important thing, stated HenkWeson, a police officer
specialized in the fight against human trafficking, who published the history
of his experience, De Fatale Fuik
(The Fatal Error). Female victims must
be kept peacefully. We can not force them to declare of what has happened to
them (Radio Netherlands Worldwide,
May 19th, 2012).
The
possibility of a revision to the B-9 regulation has incited heated reactions. Human rights are not a priority for the
Dutch government, claimed the news site Dutch News.nl on January 31st, 2012. The regression that
would come with such a change to the rights of victims of human trafficking was
denounced as well. For C. Dettmeijer-Vermeulen, this legal project infringes on the fight against human traffickers
(Radio Netherlands Worldwide, June 11th,
2012). The victims of human trafficking
are considered as foreigners in an irregular situation that demands asylum,
protection, and support, explains Connia Rijken, an expert from Tillburg
University.
November 2012 and
legislative changers that could help the situation evolve
With uncertain
estimates, minors increasingly exposed to sexual exploitation, and a reform
continually on the back burner, 2012 appears to have been a negative year for
the Netherlands in the fight against human trafficking.
Nevertheless,
the year is not without a positive note. At the end of the legislative
elections, a coalition government was put together in November 2012. Lojdewik Asscher
(PvdA – Dutch Workers Party), was named Vice-Prime Minister and Minister
of Social Affairs and Employment. As a former municipal councilor of Amsterdam,
he is at the source of the revision of the red light district and one of the
foremost defenders of the project to punish clients. An evolution and
potentially a great legal change, may be in the works for 2013.
Sources
- Alkmaar
residents: ban all hooker windows , Radio
Netherlands Worldwide, May 19th, 2012.
- Illegal brothels
move to edge of Amsterdam to dodge city crackdown , The Amsterdam Herald, May 9th, 2012.
- New Dutch law
undermines fight against people trafficking , Radio Netherlands Worldwide, June 11th, 2012.
- Soeurs
jumelles, les deux plus vieilles prostitues dAmsterdam sont devenues des
clbrits , Le Progrs, December 6th,
2012.
- CoMensha
(Coordinatie Mensenhandel), Jaaroverzicht
2012, 2013.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Gemeente Amsterdam, Nota van Uitgangspunten Prostitutiebeleid
2012-2017, Programma Prostitutie Amsterdam, December 2012.
- Government of the
Netherlands, Maximum punishment for human trafficking to be
increased , Press release, March 1st, 2012.
- Government of the
Netherlands, Start of the campaign against Child Sex Tourism , Press
releases, October 24th, 2012.
- Indoors Project (Support
and empowerment of female sex workers and trafficked women working in hidden
places), Outreach in indoor sex work
settings. A report based on the mapping of the indoor sector in nine European
cities, Autres Regards NGO (Marseille), October 2012.
- Korps
Landelijke Politie Diensten (KLPD), Bottenberg
M., Janssen M.-L., De positie van Chinese
masseuses in de Chinese beautybranche in Nederland, 2012.
- National Rapporteur on
Trafficking in Human Beings, Child
Pornography. Summary Report, The Hague, 2012.
- National Rapporteur on
Trafficking in Human Beings, Trafficking
in human beings : Visible and Invisible. A quantitative report 2007-2011, The
Hague, BNRM, 2013.
- Rijken C.,
Victims of human trafficking: human rights not a priority for Dutch
government , Dutch News,
January 31st, 2012.
- U.S. Department of State, Trafficking in Persons Report, June 2013.
- Van Bommel M.,
Le traumatisme des victimes de trafic humain aux Pays-Bas , Radio Netherlands Worldwide, February 3rd,
2012.
|
New
Zealand
|
- Population: 4.4 million
- GDP per capita (in US
dollars):32,620 (in 2010)
- Parliamentarian monarchy
- Human development index
(HDI): 0.919 (6th rank among 187 countries)
- Gender inequality index (GII): 0.164 (31st
rank among 147 countries)
-
According to sources there are between 2,400 and 3,500 prostitutes.
-
Prostitution is legal (venues, streets, massage parlors, and at a private
level) according to the Prostitution Reform Act (PRA) of 2003. Some
restrictions exist in certain residential zones. Forced prostitution is
sanctioned.
-
Prostitution for those under the age of 18 is prohibited.
-
Cases of prostitution of minors have been reported.
-
Increasing conflicts between inhabitants of residential zones and street
prostitutes.
-
The Chinese currently represent a third of the 1,500 and 1,700 prostitutes in
Auckland exceeding the natives (mainly Maori and the Pacific Islands).
-
Cases of illegal Asian prostitutes (China, Malaysia, South Korea, Fiji).
Tense relations around
street prostitution
Protests
against street prostitution and the incurred nuisance convey the increasing
irritation felt by the residents of Hunters Corner, a district of Papatoetoe in
the south neighborhood of Auckland, reached a new level in 2012. After having
installed security cameras, introduced walking police patrols, increased
lighting to facilitate spotting anti-social behavior, and attempted to calm
down the residents anger towards prostitution, the local authorities still
keep receiving complaints. Violence, loud noises, public sexual acts,
soliciting, damage to personal assets, drugs and alcohol make cohabitation very
difficult. According to a report presented by the local council in May,
prostitution has been increasing in the Papatoetoe and Manurewa neighborhoods
since its legalization in 2003. While the implemented measures first seemed to
have eased the tense relations, the report insists that it is too early to clearly
estimate their impact. Annah Pickering, spokeswoman for a group of prostitutes
in Auckland, believes that dialogue and cooperation are necessary for efficient
compromises. Agreements have been made between the local authorities of
Papatoetoe and the group of prostitutes on the prohibition of occupying certain
places; however, some representatives have a different interpretation of the
results: S. Grey, who is in charge of the Otara-Papatoetoe Council, believes
that the actions undertaken have already led to a decrease in street
prostitution in the district, whereas J. McCracken believes that the phenomenon
is still very visible.
The aggravation
of the residents of the south suburbs of Auckland has found an unexpected echo
among the residents of Christchurch who suffer from the same phenomenon, in
particular since the increase of prostitution due to the presence of many construction
workers after the 2011 earthquake. The increasing complaints of Manchester
Street residents also pushed authorities, at the beginning of the year, to
undertake a police operation which resulted in the arrest of 14 people under
the charges of disturbance and inappropriate behavior without ever
mentioning prostitution. The local authorities held a meeting with several
prostitutes in Christchurch who expressed the desire of available bathrooms and
emphasized the need for better public lighting, more hygiene and more safety.
Aaron Keown, a representative of the authorities, has reminded that the bill in
preparation is meant to make prostitution safer, but, also, and above all, to
limit its practice in areas that would not affect residents (The Press, January 20th, 2012).
As for the police, who do not want to cast doubt over their relations with
prostitutes, do not believe that repression is the solution. Officials of
Auckland and Christchurch met at the beginning of the year in order to share their
experiences with street prostitution management and to persuade the
representatives of the two cities to support the bill from the Council of
Manakau, a major city in the Auckland region.
Battle over legislation
Up until now, there
has been no change at the federal level: the 2003 Prostitution Reform Act (PRA) is still applied in all of the
decisions made by authorities concerning local initiatives in favor of
particular amendments to local rules. Several elected representatives,
supported by residents who are sometimes organized into neighborhood committees,
try to redistribute some cards without questioning the freedom of prostituting
oneself but by limiting places where prostitution would be authorized. Between
cooperations, contradictions and difference of interests, the situation still
remains tense.
The
legislative approach, which aims to modify the existing texts, makes these tensions
concrete. The bill presented by the Manakau Council regulating prostitution in
specific places set fire to the situation. It clearly intends to limit the
prostitution areas by keeping it away from residential zones, schools and
churches. It recommends a fine of up to 2,000 NZD ($1,653 USD) for prostitutes
and clients caught outside the permitted zones. In March, the local Parliament
agreed by 105 votes against 5 to send the Manakau bill to the Selection
Committee, which is the next step of the validation process in New Zealand.
For S. Grey, the communitys action has had at least the
merit of acknowledging the issue of street prostitution (Auckland Now, May
7th, 2012). The actions,
which have been taken until now, have only resulted in displacing the problem.
The stake is significant because, if the law is approved, the specificity of
the Manakau Council, which would allow the definition of street
prostitution-authorized zones, could then be extended to the whole Auckland
region. Other elected representatives take a position, such as D. Newman, from
the Council of Manurewa, who declares that he will support the bill even though
he believes that it would be braver to
amend the Prostitution Reform Act in order to make street prostitution illegal
throughout the territory (Auckland
Now, March 6th, 2012).
In
Christchurch, people hope that the Auckland bill will be extended to other
cities. The local Council has written to Aucklands mayor and to the
administration to express their intention to support the bill. A few months
later, three decision-makers of the South Auckland government sent a letter to
the mayors and to all of the local representatives. They asked them to support
this law in order to control street prostitution, to cope with the increasing
number of those concerned and the increasing outrageous behaviors. In
their mail, they claimed that it was not an issue of banishing prostitution from the streets of Auckland but to drive
away clients as well as prostitutes from practicing out of the permitted zones
and to give fines as high as those inflicted
for other minor offenses (Auckland Now, November 9th, 2012).
Those in
opposition to the bill are not silent. Several local elected representatives express
their disagreement, particularly on the philosophy of a text, which is in
contradiction with the 2003 PRA. The main association of prostitutes is, of
course, against this proposition: why plan to inflict fines on them that they
will not be able to pay? Those who already are street prostitutes cannot afford
a rent allowing them to practice in a closed place; such a bill will only push
them further toward insecurity and secrecy. On the contrary, other councils are
worried that the law will only be valid in the Auckland region. For C. Wilson,
Palmerston Councilmember, a law applied only to one Council will not be a good
one as it would lead the local Council to ask that the bill be applied on the
national level.
Legal brothels but not
wished for
Street
prostitution is at the origin of most of the problems incurred in public
spaces; a survey conducted in 2011, showed that even if a great majority of
people do not call into question the existing brothels, 66% of them wish that
they were not allowed in residential zones. Here lies the paradox of the
majority of citizens who favor the regulation of prostitution within
specialized places, but, above all, not in their backyardsetc. In other
words, the ideal balance between living together without questioning the
legal system is still to be found, assuming that such balance exists. In the
meantime, the sex industry is not short of ideas and plans to make money in
the happy world of prostitution: establishments for women, floating brothels,
a representative renting his premises to a massage parlor, an Olympic champion
investing in an Auckland brothel (The New
Zealand Herald, January 17th, 2012) etc. The industry
progresses: the Chow brothers, sex industry barons in New Zealand[82],
have successfully persuaded the authorities. Their 15-story venue will be built
in spite of the 220 received objections and the numerous protests from future residents
who could do nothing as they were faced with the sacred freedom to enterprise
(Auckland Now, December 31st,
2012). Nothing worked. Not even the accidental collapse of the preceding
building, however historical it may have been, all facing the Sky Tower, a
major tourist place of the city. Moral objections and indignations were not
followed up in court. The Chow brothers lawyer was very clear: the focus is on the building permit, not on
prostitution, which, let me remind you, is perfectly legal.
While the
local Councils have the ability to regulate this industry through the choice of
placement, most of the prohibitive measures were nullified, because they did
not cope with the 2003 PRA. Up until now, the High Court has dismissed all of
the measures that the Councils have tried to assert. The owners of prostitution
establishments almost always win, even though, the elected representatives keep
receiving complaints and some do not hesitate to broadcast them. Up until now,
the anger only existed in the big cities (Auckland, Christchurch, d Wellington)
but it is now spreading to the suburbs and smaller towns. In Auckland, once
more, several hundred residents of Puketapapa have signed a petition demanding
the prohibition of brothels in their district (Auckland Now, February 8th, 2012). In Hamilton, an
average-sized town, where a 2004 law limited the authorizations for
prostitution establishments to settle in commercial and industrial zones, the
Council has received sixteen complaints during the year, ten of which concerned
presumed brothels in residential flats and seven in motels (The New Zealand Herald, February 5th,
2012). In Lyttelton, the residents have multiplied the motions in order to
modify the local rule, which allowed setting up sex supermarkets (The Press, July 2nd, 2012) in
specific areas. In Christchurch, an establishment had to close its doors due to
the residents pressure to do so, those of which had formed an association (The Press, February 27th, 2012).
Some residents have asked for the creation of a buffer zone between the
residential zones and those where prostitution establishments would be allowed
(The Press, July 28th, 2012).
Sex
entrepreneurs are disturbed, above all, by the competition from soobs, Small Owner-Operated Brothels, establishments of less than four people
which are completely auto-managed and take place in apartments or residences, which resulted as appealing to clients
and lower prices. Even if Auckland estimates about twenty registered
prostitution establishments (Auckland
Now, February 8th, 2012), the number of soobs is estimated to have increased. Even sometimes in the heart
of residential zones, without the knowledge of their neighbors, they were
founded on the idea that more independence and security should be provided to
prostitutes. The problem is that they soon became disguised brothels, some of
which do not respect the rules. The clients comings and goings pose problems
to the neighbors in residential areas. This pseudo-discretion has received some
criticisms, in particular from the concerned prostitutes who argue isolation, insecurity
and racket risks.
Merry prostitution or
constraints carefully ignored?
By rapidly
scanning the New Zealand press, one could believe that there exists a free,
happy prostitution with no trafficking, no networks or violence. One might
imagine charming clients, a happy father who is proud of seeing his daughter
sell her body, magnanimous bosses inviting their daughters to witness and
equally share in their gains... As bright and smooth as a travel agency
leaflet. Something to forget about and simply enjoy. Just listening to C.
Healy, the national female coordinator of the group of prostitutes: We have the best laws on prostitution in the
world. Our legislation is a model that other countries should follow; or taking
the word of M. Brennan, a brothel manager in Wellington, who talks about
worried parents asking him to find a compassionate prostitute to take care of
their childs needs. (National, January
21st, 2012). A fascinating
job, gentle, smiling and respectful clients, the perfect job (The Dominion
Post, September 15th, 2012) Even though the sex industry keeps
boasting the look of things, their realities are, undoubtedly, very different.
Nowadays, the
police can no longer come into an establishment without a warrant. S. Beard, an
inspector, admits that bad practices and trafficking still exist: It would be nave to think that no woman is
trafficked in New-Zealand nowadays (National, November 9th, 2012).
The 2013 U.S. Department of State Report on Human Trafficking claims that if no
trafficking in 2012 was recognized, it does not mean that there are no victims.
The government has not effectively launched a pro-active identification process
for trade victims and the latter are too traumatized to seek help. Some witnesses
mention harassment and threats from brothels owners when a prostitute has too
many claims. Since the Rugby World Cup, 21 illegal prostitutes have been found
in brothels during raids by the Central Immigration Office (The New Zealand Herald, April 21st,
2012). Among these 21 who were arrested, none
had a valid visa, 10 were coming from Hong-Kong, 7 from China, the others from
Malaysia, India, Korea, Fiji (National, November 9th, 2012).
Another
reality is the prostitution of isolated minors which is controlled by gangs even
though it is forbidden for those under the age of 18. According to the 2013 U.S.
Department of State Report on Human Trafficking, most of these minors are
descendants of the Maori community or of the Pacific Islands. The police try to
identify them and work in collaboration with several associations including the
group of prostitutes. Their number is estimated to have decreased since the Rugby
World Cup although a female minor was rescued and two prostitutes were arrested
for obstructing the law. In June 2012, in Manurewa, a sixteen year old
prostitute was kidnapped, raped and threatened with a knife in a zone frequented
by street prostitution clients. In October, a man who had raped a prostitute of
Christchurch was sentenced to nine years in prison; the group which represents prostitutes
rejoiced: No means no, prostitutes have
the same rights as anybody else (The Press, October 30th, 2012).
When reading
the whole range of the 2012 press, it must be admitted that the New Zealand legal
system is not approved unanimously by the population. While a majority is in
favor of legal prostitution, the requests for restrictions relating to street
prostitution and establishments in residential areas are gradually becoming
more insistent. Even if there has been no prosecution for human trafficking in
the last two years, cases are still in progress and illegal residents are often
discovered in the course of police raids.
Sources
- Aucklands big stories in 2012 , Auckland Now, December 31st,
2012.
- High-fliers who turn to escorting , The Dominion Post, September 15th,
2012.
- Local board
chairs lobby on street prostitution , Auckland
Now, November 9th, 2012.
- Auckland City Council, Controlling the location of Brothels in Auckland City, 2003.
- Clarkson D., Sex workers welcome sentence , The Press, October 30th,
2012.
- Cooke M., Disabled seek sex life choice , National, November 9th, 2012.
- Cooke M., Sex,
conditions safer but prostitute stigma remains , National, January 21st, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Glazebrook J. S., Human Trafficking and New Zealand, Auckland, August 13th, 2010.
- Harper P., New Zealands biggest brothel
controversies , The New Zealand
Herald, January 17th, 2012.
- Maas A., Community combats prostitution , Auckland Now, May 7th, 2012.
- Mathewson N., Residents want sex buffer , The Press, July 28th, 2012.
- McKenzie-McLean J., Brothel driven from upmarket
suburb , The Press, February 27th,
2012.
- Ministry of
Justice, Prostitution Reform Act 2003,
Public Act 2003 no 28, Date of assent 27 june 2003, Reprint as at 29 november
2010.
- Morgan S., Street prostitution move , Auckland Now, March 6th,
2012.
- New Zealand Government, Department of Labour,
Plan of Action to Prevent People
Trafficking, Crown, 2009.
- New Zealand Parliament, Manukau City Council (Regulation of Prostitution in Specified Places)
Bill - Frequently Asked Questions, 2011.
- Prostitution Reform Act 2003
(PRA),
New Zealand Legislation, Public Act 2003, n.28, June 27th, 2003.
- Sachdeva S., Lyttelton in revolt over new
brothels , The Press, July 2nd,
2012.
- Tan L,
Immigration raids catch 21 illegal sex workers , The New Zealand Herald, April 26th,
2012.
- Tan L., Cumming G., Brothels : sex in the
suburbs, The New Zealand Herald,
February 5th, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- United Nations
Development Programme (UNDP), Sex work
and the law in Asia and the Pacific, 2012.
- Whittaker E., Fed up with brothels , Auckland Now, February 8th,
2012.
- Young R., Prostitutes meet city councilors , The Press, January 20th,
2012.
|
Nigeria
|
- Population: 166.6 million
- GDP per capita (in US dollars): 1,555
-
Federal regime
- Human development index
(HDI): 0.471 (153rd rank among 187 countries)
- Gender inequality index (GII): NA
-
Member of the African Union since 1963.
- No official
national statistics on prostitution.
- Up to 10,000
Nigerian victims are forced into prostitution in Italy (UNICRI).
- Prostitution
is illegal.
- Sentence for
sex trade offenders are 10 to 15 years of imprisonment or a fine of around
$1,250 USD.
- In 2011,
there were 279 new investigations and 15 prosecutions of which 13 were sex
related.
- 64% of the
population, of which 40% are under the age of 14, lives under the poverty line.
- Nigerian
main states of origin: Oyo, Ogun, Akwa Ibom, Cross River, Bayelsa, Ebonyi, Imo,
Niger, Edo , and Kwara.
- Country of
origin with destination to most of the European countries (Italy, Spain, the
United Kingdom, the Netherlands, Germany, Belgium, Bulgaria...), Africa (Mali,
Burkina Faso, Gabon, Cameroon, Ghana, Chad, Benin, Togo, Niger and Gambia) and
of the Middle East (Saudi Arabia, United Arab Emirates).
Although prostitution has a long history in Nigeria, its
characteristics have changed in recent decades. The upsurge in migratory
prostitution, and human trafficking for commercial sexual exploitation of
Nigerian girls and women both in the domestic and global setting has led to
international concern. According to the 2012 UNDOC Global Report on Trafficking
in Persons, during the reporting period, Nigerian trafficking victims accounted
for 11% of all recorded victims in 16 countries throughout Central and Western
Europe. The relentless expansion of Nigerian organized crime has led the
country to become a source, transit, and destination country for international
human trafficking, with a great number of victims found throughout the West
African region as well as Europe, and to a lesser extent, Southern Asia (IJCYFS,
2012).
Trafficking victims from the rural areas of Nigeria, as
well as other West and Sub-Saharan African countries have been found in the
larger Nigerian cities, working as forced laborers, beggars, or becoming prostitutes.
Nigerian victims of sexual trafficking and exploitation,
both in domestic and international destinations, come more frequently from
rural areas, and increasingly as minors. Currently an estimated 30% of families
in the state of Edo (South-Southern region) have experienced some form of
trafficking (Overseas Development Institute, February 2012), and
sex trafficking victims as young as 8 years old have been reported in some
Nigerian cities (The Daily Sun, January 9th,
2012).
While prostitution is illegal in Nigeria, not all of the
36 states take significant measures to fight against it. The majority of state
efforts are put into the National Agency for the Prohibition of Traffic in
Persons and Other Related Matters (NAPTIP) established in 2003. However, most
victims aid comes from various NGOs.
Domestic trafficking
Over the past
decades, human trafficking within Nigeria has increased, with victims from the rural
communities of Oyo, Osun, Ogun, Akwa, Ibom, Cross River, Bayelsa, Ebonyi, Imo,
Benin, Niger and Kwara states being taken into cities such as Lagos, Abeokuta,
Ibadan, Kano, Kaduna, Calabar and Port Harcourt (UNESCO, 2006). A study by Sympathy Foundation Worldwide found that
in Lagos, in 2008, an estimated 13,600 prostitutes, aged 10-45, worked in
brothels, hotels, and nightclubs per night, not including street prostitution
(The Daily Sun, January 9th,
2012). In the case of Lagos, along with the other large cities in Nigeria, this
population is largely made up of university students struggling to pay their
tuition (often the case in Port-Harcourt), and trafficked girls from other
states or neighboring countries forced into commercial sexual exploitation.
Even though
prostitution in these cities is not a new problem, it has traditionally been
the work of older, widowed, or divorced, women generally from within the
community. For example, for centuries, the sex trade in Kano (Northern region)
was the trade of the Bori cult, made up of women who chose the independence and
mobility of prostitution over the seclusion and dependence of Purdah marriage (Islamic practice of
wife-seclusion). However, in recent years, Kano as well as other areas of
Nigeria, have seen that older women, while still participants in prostitution,
are more commonly the so-called mamas
who procure, train and exploit younger victims (International Journal of Offender
Therapy and Comparative Criminology,
October 2002). In fact, a 2009 study of sex trafficking victims in
Ibadan (Oyo State, south-west region) showed 43.8% of the subjects as under the
age of 20 (Journal of Social Sciences, 2009).
Such was the case of a 13 year old girl from the Akwa Ibom state (South-Southern
region) who was rescued in January 2012 by the Lagos State police from a hotel
where she had been held for 6 months, forced to sleep with up to 10 clients a
day for 500 NGN ($3.01 USD) each in order to pay her exploiter a monthly sum of
150,000 NGN ($909 USD) (PM News, January
23rd, 2012).
With over 40%
of the Nigerian population under 14 years old and 64% of the population under
the poverty line (UNICEF, 2010), many
families create foster arrangements, in which they send their children to
live with a family member or friend to perform domestic services. This practice
is deeply rooted, especially in rural communities (WHO, 2011). A 2006 UNICEF study found that children sent into
domestic servitude in Nigeria were a group, most at risk for sexual abuse and
trafficking (IJCYFS,
2012). In addition, the International Labour Organization (ILO)
estimated that in 2000 up to 40% of Nigerian street children were trafficking
victims.
A 2011 World
Health Organization (WHO) study of domestic workers in Ibadan found that 55%
were victims of soft trafficking (the family knew the trafficker), 31%
through fosterage (the child was given away or sold within the extended
family), and 13.5% through hard trafficking (where the sale was made by a third
party to an unknown buyer). The same study found that 37.8% were recruited
before they turned 10 years old, and 50.7% between the ages of 11 and 15 (Mediterranean Journal of Social Sciences,
September 2012). In 2012, NAPTIP-Sokoto (North region) rescued 35 children from
a trafficker operating between Kano, Kaduna, and Zamfara (Vanguard, June 15th, 2012).
International trafficking
Nigerians now represent the most trafficked African
nationality in the world. While Kano is a major origin point for victims headed
to other African countries, or cities within Nigeria, Benin City has
established itself as a trafficking hub between Africa and Europe. This
international trafficking of Nigerian girls and women for sexual exploitation
has spread due to Nigerian organized crime. From 2008-2009 the Italian
anti-trafficking operation VIOLA made 35 arrests with connections to the
Nigerian Criminal Matrix in Italy, Nigeria, Turkey, Bulgaria, the Netherlands
and Colombia (Bonifazi, March 2012). In 2012, the United Kingdom
National Referral Mechanism (established to identify victims of trafficking
and provide aid) added Nigeria to a list of organized crime syndicates
considered a great threat to the UK (The Huffington Post UK, September 18th, 2012). EUROPOL considers Nigerian organized
crime, particularly human trafficking for commercial sexual exploitation, one
of todays most significant law enforcement issues for European states (U.S. Department of State, 2012).
The United Nations Inter Regional Crime and Justice
Research Institute (UNICRI) in Italy, in collaboration with the United Nations
Office on Drugs and Crime (UNODC) in Nigeria established, in a 2010 study, that
between 2001 and 2009 somewhere between 8,000 to 10,000 Nigerian girls and
women living in Italy were forced into prostitution. The same study estimated
that in the years 2006-2007, 12.6% of those victims were minors (UNICRI, 2010).
UNICRI determined four common factors used in the
exploitation of Nigerian victims in Italy, which applies to most other
international cases as well. The victims are generally recruited by a family
member, or acquaintance, who then exploits their existing migratory push
factors (i.e. poverty, and unemployment) through promises of economic or
educational opportunities in the destination country. The traffickers then
offer to contact the mama who will
arrange pay for their travels and the creation of fake travel documents (as
high as $103,147 USD - 75,000 ) (La Libre Belgique,
April 12th, 2012) in
exchange for work. The victims are asked to perform a voodoo rite to solidify
the bargain and ensure that they will repay their debt. Upon arrival, the
victims are sold to the mama who
confiscates their travel documents and often informs them that they owe much
more than originally agreed upon, either by threatening the girl and her family
or by exploiting her ignorance of exchange rates. For example, if 30,000 NGN ($182
USD) was the agreed price, the trafficker may demand 30,000 (6.8 million NGN -
$41,000 USD) rather than the actual 150 conversion (33,977 NGN - $205 USD) (UNICRI, 2010). The girls, with no identification documents, no
contacts in the new country, and fearful of the voodoo curse they believe binds
them to their debt, are at the mercy of the exploitative mamas.
Nigerians have also increasingly become the victims of
foreign organized crime. An Irish man in April 2012 had his sentence doubled
after refusing to turn over money obtained from a trafficking and forced
prostitution network in the UK. The victims reported that the traffickers used
similar tactics as the Nigerian-based networks, including the voodoo rites (Irish Examiner, April 27th, 2012).
Exploitation of culture
The voodoo rites that have become characteristic of
Nigerian human trafficking exploit a fear of witchcraft and voodoo that
plagues much of the country and leads to forms of other exploitation as well.
In 2011, a hospital in Aba (Abia State, South-East region) was raided and the police
rescued girls aged 15-17 who had been held there and forced to produce babies
for sale for use in witchcraft rituals. Infants for use in voodoo rites can
sell for upwards of a million NGN or $6,000 USD (HRW, 2012). In April 2012, another
baby factory was found, with seven girls aged 18-20, three of whom were
pregnant (IOL News, April 13th, 2013). In addition, NAPTIP suggests that
children abandoned from witchcraft stigmatization are in extreme risk of
being trafficked (SSRN, September
16th, 2012).
Domestic protocol
While prostitution is illegal in Nigeria, each of its 36
states handles prosecution differently. For example, while the Constitution generously
highlights the rights and privileges of the adolescent according them to protection
from abuse such as prostitution (International
Journal of Offender Therapy and Comparative Criminology, October 2002), the Sharia law Penal Code that rules in the Northern state of Zamfara
considers child victims to be offenders of obscene acts, and thus treats them
as criminals (U.S. Department of State, 2012). In 2010, a Zamfara Senator, Sani Ahmed Yerima, demonstrated the
divergent nature of his states laws when he paid a dowry of $100,000 USD to
marry a 13 year old Egyptian girl, and argued that according to Sharia law he had not committed a
crime, he was not charged (HRW, 2012). In Ikeja State the task force on Environmental
and Special Offenses arrested 52 prostitutes from the Gowon Estate area of
Lagos and jailed 32 of them in August 2012, while no clients or procurers were
arrested. Some states on the other hand have taken steps beyond federal
compliance. For example, the Abia state enacted the Abia State Childs Right
Law (2006), which placed restrictions on fosterage and domestic servitude for
children under the age of 18 in order to fight against abuse and trafficking (HRW, 2012).
While the national 2003 anti-trafficking laws have worked
to an extent with the creation of NAPTIP (estimated budget of $11.2 million USD),
in the 2012 Trafficking in Persons Report, there were 279 new investigations
during the research period, with 15 prosecutions, 13 of which were sex related.
This number is surprisingly low in comparison to the 949 victims reported
within the country, 563 of whom were sex trafficking victims, and 467 were
children. NAPTIP also reduced its holding capacity for victims by 50% from
2010, and is now only able to hold 210 victims in eight shelters across the
country.
The year 2012 did see some improvements, with the
creation of the I Am Priceless campaign, aimed at convincing law and policy
makers to fight against human trafficking (UNODC
News, October 10th, 2012). The government also formally inaugurated the formerly mentioned
Sympathy Worldwide Foundation after its twelfth year of action (National Mirror, November 29th,
2012).
International cooperation
Nigeria is a signatory to several international
instruments working against human trafficking and sexual exploitation. These
include the Conventions on the Rights of the Child (CRC) Optional Protocol on
the Sale of Children, Child Prostitution and Child Pornography, the Palermo
Protocol on Trafficking in Persons, the African Union Commission Initiative
against Trafficking (AU.COMMIT) campaign, and the Ouagadougou Action Plan. 2012
fell under the AU.COMMIT phase: Campaign on Prosecution of Criminals Involved
in Trafficking and Related Crimes. In addition, NAPTIP has reported recent
collaboration with Germany, the United Kingdom, Greece, Sweden, France,
Slovakia, Belgium, the Netherlands and Italy on issues of the trafficking of
Nigerian victims (U.S. Department of State,
2012). In his 2012
independence-day speech, Nigerian President, Goodwin Jonathan, stated that his administration
would remain committed to border security and anti-smuggling measures (Vanguard, October 1st, 2012).
While, in theory, Nigeria has made advances in fighting against
prostitution and sex trafficking, in practice, there is still much to be done.
The launch of the I Am Priceless as well as increased international
cooperation in 2012 increased domestic and international attention, however
victim protection remains sparse and the prosecution mechanisms are
inconsistent and poorly funded. If NAPTIP is to increase its efficacy, the
federal government must increase its control over the states in regards to
trafficking and sexual exploitation.
Sources
- 13,680
prostitutes operate in Lagos every night , The Daily Sun, January 9th, 2012.
- 52nd
Independence Day Speech by President G E Jonathan , Vanguard, October 1st, 2012.
- Brothel Boss has
sentence Extended , Irish Examiner,
April 27th, 2012.
- Girl forced into
prostitution pays N150,000 monthly , PM
News, January 23rd, 2012.
- Human Trafficking
in the UK as children and adults brought to Britain for sex, crime, and
slavery , The Huffington Post UK,
September 18th, 2012.
- Nigeria launches
anti-human trafficking campaign, as two Goodwill Ambassadors are named , UNODC News, October 10th,
2012.
- Nigerian Baby
Factory Bust , IOL News, April
13th, 2012.
-
Prostitue dfenestre Nice: le suspect sous surveillance
lectronique , Nice Matin,
September 27th, 2012.
- Agbu O.,
Corruption and Human Trafficking: The Nigerian Case , West African Review. Vol. 4, n.1, 2003.
-
Bamgbose O., Teenage prostitution and the future of the female
adolescent in Nigeria , International Journal of Offender Therapy and
Comparative Criminology, Vol. 46, n.5, October 2002.
-
Barberi M., Candia G., Carchedi F., de Benedectis A., Dolente F., Guisti
Macioni A., Labbrozzi V., Mossino A., Mezzeti E., Serughetti G., Trafficking of Nigerian girls in Italy: The
data, the stories, the social services - Rome, United Nations Interregional
Crime and Justice Research Institute (UNICRI), April 2010.
- Bonifazi A., The fight against trafficking in human
beings, Special Operations Group of Italian Carabinieri, Rome, March 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Duru Chukwuna E. J.,
Ogbonnaya U. M., Combating Human Trafficking in Nigeria: An Evaluation
of State Policies and Programmes , Mediterranean
Journal of Social Sciences, Vol. 3(3), September 2012.
- Duru O., The Issue of Human Trafficking and the
welfare of Young Persons in Akwa Ibon State, Social Science Research
Network (SSRN), September 16th, 2012.
- El-kurebe A.,
Human Trafficking: NAPTIP nabs woman with 35 children , Vanguard, June 15th, 2012.
- Human Rights Watch (HRW), World report 2013
– Events of 2012, Country Summary: Nigeria, 2013.
- Huon P.,
Prostitution: du Nigeria aux trottoirs dici , La Libre Belgique, April 12th,
2012.
- Jones N.,
Presler-Marshall E., Cooke N., Akinrimsi B., Promoting synergies between child protection and social protection in
Nigeria, Overseas Development Institute, February 2012.
- Okachie L.,
Foundation against prostitution, trafficking inaugurated , National Mirror, November 29th,
2012.
- Olufayo O.-O., Omotosho B. J., Women trafficking and women prostitution in selected local
government areas in Mid-West Nigeria , Journal of Social Sciences, Vol. 20, Issue 3, 2009.
- Tade O., Adeyinka A., Factors
Influencing the Demand for Domestic Servants in Oyo State, Nigeria ,
International Journal of Child, Youth and Family Studies (IJCYFS),
Vol.3, n.4.1, 2012.
- U.S. Department of
Labor, Bureau of International Labor Affairs, 2012 Findings on the Worst Forms of Child Labor Report,
September 2013.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- United Nations
Childrens Fund (UNICEF), Annual Report
for Nigeria, 2010.
- United Nations
Educational, Scientific, and Cultural Organization (UNESCO), Human Trafficking in Nigeria: Root Causes
and Recommendations, Policy Paper poverty series, n.14.2 (E), 2006.
- United Nations Office on Drugs and Crime (UNODC), Global report on trafficking in persons, December 2012.
- United Nations Office on Drugs and Crime (UNODC), Global report on trafficking in persons – Executive summary, V.12-56527, December
2012.
- World Health
Organization (WHO), Child-Fosterage
Promises and Trafficking in Children for Domestic Work in Nigeria: Issues and
Implications for Policy, Research Summary, Geneva, WHO/RHR/HRP/11.05, 2011.
- Yishau O. et al.,
The Prostitution Ring , The
Nation, November 5th, 2011.
- Launch of the African
Union Commission Initiative against Trafficking (AU.COMMIT) Campaign,
Department of Social Affairs site:
http://www.africa-union.org/root/ua/Conferences/2009/juin/SA/16juin/sa/aicomite.html
|
Norway
|
- Population: 5 million
- GDP
per capita (in US dollars): 99,558
- Constitutional monarchy
with a parliamentary system
- Human Development Index
(HDI): 0.955 (1st rank among 187 countries)
- Gender Inequality Index
(GII): 0.065 (5th rank among 147 countries)
- No official national
statistics on prostitution.
- In the four main
Norwegian cities, there are 1,500 prostitutes in closed spaces and 1,200 street
prostitutes.
- Between September 2011
and September 2012, street prostitution increased by 28%.
- 94% of prostitutes are
foreign (2012 estimate).
- The purchase of sex
services including abroad is prohibited (Janury 1st, 2009).
- Human trafficking is
criminalised by article 224 of the Norwegian Penal Code.
- Since August 2012, an
unaccompanied minor who is identified as a trade victim can be placed in a
closed institution for the period of maximum six months, with or without
consent, in order to be protected from traffickers.
- Country of transit and
destination for human trafficking with the purpose of sexual exploitation.
- Countries of origin for
victims exploited on Norwegian soil: Nigeria, Eastern Europe (Lithuania,
Romania, Hungary, Bulgaria), Africa (Algeria, Ghana, Eritrea, Cameroon, Kenya,
Somalia, Democratic Republic of the Congo), Brazil, China and the Philippines.
The penalization of the
client: a measure to fight human trafficking
The law
(Article 202a), which prohibits the purchase of sexual services, came into
effect on January 1st, 2009. It penalizes, in particular, Norwegian
clients who purchase sex while abroad. After Sweden, Norway was the second
country to adopt such a law. All offenders are punished by 6 months of
imprisonment and/or a fine similar to that of procuring (Article 202). In the
action plan against human trafficking, the Norwegian government recognizes the
prostitute as the victim. Human trafficking is a crime motivated by profit
which depends on market demand. The clients therefore indirectly support human
trafficking for the purpose of sexual exploitation. Before the adoption of this
law, only the purchase of sexual services from a minor could be punished
(article 203). The prison sentence for doing so, fell between 2 years, and 3 in
the case of aggravating circumstances, with or without a fine.
Beforehand,
contrary to the Swedish system, the Norwegian law provided a solution to the
problem of trafficking rather than to the problem of gender equality. Norway
had become an attractive destination for traffickers. According to those who
supported an abolitionist regime, this could be explained by the absence of
firm legislative on prostitution. Opening the borders of the Schengen Area
facilitated human trafficking into Norway from countries outside of the area, and
contributed to an increased number of Nigerian victims in the capital, judged
to be more visible and aggressive. In 2003, the capital held only 2 Nigerian
prostitutes. In 2006, 400 were estimated to work in the city. Since then, they
have become the object of extensive media coverage, provoking a public debate
on prostitution. This debate, in turn, facilitated the implementation of laws
to fight against human trafficking and to reduce demand by penalizing the
purchase of sexual services.
Application of the Law:
the number of arrests increases each year
The two
special police units working on human trafficking for the purpose of sexual
exploitation, Stop in Oslo, and Exit in Bergen (the two largest citites),
were created as part of a government program against prostitution and for the
punishment of clients[83].
In Bergen, the unit was created in 2009, a few months after the law took
effect. Between January and April 2009, only 7 men were arrested and convicted
for purchasing sexual services in the city. Nevertheless, an increasing number
of offenders are being arrested. During the first half of 2012, the police
remanded 160 people; in contrast to the 91 remanded in 2011. In total, 368
arrests were made in 2012, 164 of which took place in Trondheim (the fourth
largest city). Prostitution remains, nevertheless, more widespread in Bergen
and Oslo. According to the Trondheim police, reducing the demand for
prostitution is a main priority for the authorities. In Bergen, fines range
from 15,000 to 25,000 NOK ($2,500 to $4,200 USD). The profile of the average
client is a 40 year old man, married with children, working in the private
sector, who is often well off and traveling.
The full
report on the action of police forces in large cities shows that the demand of
sexual services diminished after the implementation of the law, even if the effects
are difficult to measure. This affirmation is not confirmed by the observations
of Prosentret, a state-controlled center working with prostitutes in Oslo,
which showed that street prostitution increased 28% between September 2011 and
September 2012. Prosentret estimates that this increase can be explained by the
economic crisis affecting other European countries.
Deteriorating conditions
for prostitutes
According to
the observations of organizations and help centers focused on prostitutes, the
working conditions of prostitutes have deteriorated throughout the last few
years[84].
Nevertheless, the law is not the only factor that affects the market of
prostitution. Among the other factors which may contribute are intensified
police actions and the financial crisis in Europe.
Prostitution
became a market favorable to buyers, given the decrease in demand. The debate
centered on aggressive prostitutes in Oslo also appeared in the media during
2012. According to Prosentret, the decrease in remands reinforced the competition
between prostitutes. This growing competition, in turn, gave clients the
ability to negotiate prices, additional sexual services, or the usage of
condoms. The organization explained that the prostitution community has seen an
increased prevalence of Sexually Transmitted Infections (STI). Relations
between prostitutes and clients have changed. Women must now help clients
protect themselves from the police. They are forced to go into unsecure areas
where they become more vulnerable (in the clients home, in a hotel). The
clientele has changed as well. A large part of nice clients disappeared, and
prostitutes are becoming increasingly dependent on mean clients, who are
generally more likely to disregard the law. According to those who oppose the
new legislation, the law generates violence toward prostitutes, since the
business of sex is moving toward the shadows, and is gradually more organized
by criminal organizations.
The number of
women asking the police or other organizations for help has diminished due to a
growing lack of confidence in the authorities. This has happened after an
increased number of actions taken by the police against human trafficking and procuring.
Women are often the target of the police, in order to arrest traffickers and procurers.
In this way, women are increasingly stopped and questioned by the authorities,
and feel criminalized. The Husls (Homeless) operation, led by the police
since 2007, to fight against procuring, has affected numerous prostitutes,
obliging them to leave their apartments without an effective means of finding
housing. The owners are prosecuted as procurers, under article 202, if they
dont annul the housing contracts for the apartments in which sexual services
are sold. The result has been a reduction in the number of massage parlors. In
2010, a few hotels in the city of Stavanger were criticized by the local aid
center for prostitutes Albertine for having created black lists of
prostitutes. The hotels cooperated with the police in order to identify the
women and refuse them access to the hotel. The state-controlled institution
that deals with protection of personal data (Datailsynet) also judged this
practice to be problematic.
Dangerous liaisons, a
report on the violence done to female prostitutes
The widespread
nature of violence against this vulnerable group in society is worrisome. Three
surveys were carried out by Prosentret between 2007 and 2012, showing that
violence against female prostitutes increased after the adoption of the law.
Women are often stigmatized. They lack education and working skills. Excluded
and isolated, they become easy targets. According to Prosentret, degrading life
conditions for prostitutes can be linked to the law, but also to changes within
the market: an increased number of foreign prostitutes, a development of police
action, and a changing attitude toward prostitution. The rising negative
attitudes toward the sex industry and prostitutes, since the application of the
law, may have contributed to the increasing harassment and discrimination
against women in the streets.
In a survey
from 2012, 59% of 123 women questioned who sold sex services in the street or
in private, had been victims of violence since 2009. From the period of
2007-2009, 52% of women questioned were victimized. The abuser is, in most
cases, a male stranger. Women working on the public road are more often
victimized (76%) than those who practice in a closed space (43%). The group
most heavily exposed to violence is Nigerian women, with 83% reportedly being
the victim of violence in 2012 versus 33% between 2007 and 2008. According to
Prosentret, the reasons are linked to the fact that they are more visible due
to their skin color, and that most of them work in the street. Since they are
more visible in the public debate, they are often treated as undesirable and
aggressive women.
To respond to the
measure 7 of the government action plan against rape, Prosentret organized
workshops in 2012 for prostitutes to share their experiences, help prevent, and
protect themselves from violence.
Rising prostitution of
foreign women
Nigerian women
often have a short-term stay permit in another European country such as Italy or
Spain, and come from Norway on a tourist visa. Asian women often have a permanent
residence permit, for familial reunification, and most often work in massage
parlors.
The national
newspaper Dagbladet, using numbers from NGOs and the police, estimate that in
the four largest Norwegian cities, there are 1,500 prostitutes working in private
spaces and 1,200 prostitutes working in the streets. In 2008, the number of
street prostitutes in contact with Procentret was the highest it has ever been:
1,600 in 2008, followed by 1,000 in 2009 and 1,130 in 2012.
Before 2000,
foreign prostitutes represented a small part of the prostitution market in
Norway. In 2001, according to Prosentret, they were 19% of the prostitute
population identified in Oslo. In 2012, they were 94%.
The
prostitution of foreign women divides into two categories: the first includes
victims of human trafficking, while the second includes immigrants who arent
directly forced into prostitution but find themselves without any other
alternative. Both phenomena are tied to poverty. Very few Norwegian women are
street prostitutes, and most of those who do, suffer from drug addiction. According
to numbers published by NGOs in 2010, street prostitution is 40% of the total
market for sex services.
In 2009,
prostitution in closed spaces also decreased strongly. In 2012, after the
application of the law, the number of advertisements and posted telephone
numbers highly increased. Nevertheless, a small decrease in advertising took
place in Oslo.
Nadheim,
another aid center for prostitutes in Oslo, established contact in 2012 with
639 street prostitutes and 281 prostitutes working in private, of whom 38 were
men and 10 were transvestites. On public roadways, they noted an increase of
Albanian female prostitutes.
According to
the observations of state-run organizations and NGOs working with prostitutes
in Bergen (Utekontakten, Kirkens Bymisjon),
80% of street prostitutes are Nigerians. Other nationalities represented are
Romanian, Bulgarian, Russian, Peruvian, Columbian, and numerous other countries
from South America.
In Trondheim,
the police noted that street prostitution became less visible after the new law.
Prostitution was practiced most often at the clients home, in bars, or in
restaurants. The police do not maintain any statistics on prostitution, but are
observing an increase in prostitutes coming from Albania and other countries
affected by the economic crisis.
In Stavanger,
the aid center for prostitutes had contact with 444 female prostitutes, in 2012,
which shows a 44% increase since 2011. The prostitutes that work in public
spaces are most often Nigerian. For private prostitution, Russian women and
those from Eastern European countries dominate the market.
The problem of
male prostitution is often neglected, and aid centers are poorly adapted to the
needs of male victims. In September 2011, Prosentret established the Pro Mann
project, aimed to help men selling sex services. Male prostitutes often sell
their services through the Internet. For this reason, it is often the most
difficult group to reach out to.
The client
In addition to
male prostitutes, aid services to clients are largely ignored. The last
national action plan against human trafficking (2011-2014) recognized that the
prevention of prostitution is linked to the reduction in demand. However, it is
equally neccesary to know the reasons which incite the client to buy sex
services. Reform launched the project KAST (Kjpav Seksuelle Tjenester –
Purchase of sexual services) in 2011, providing information and counseling to
clients and their partners.
Human trafficking for the
purpose of prostitution
Human
trafficking is punishable by law, under article 224 of the Norwegian Penal Code,
established in 2003. The definition of human trafficking is founded on the
Palermo protocol, ratified by Norway the same year and covering all forms of
exploitation. Prison sentences can range up to 10 years for aggravating
circumstances. The first national action plan against human trafficking was
elaborated in 2003, by highlighting female trafficking for prostitution.
Norway is a
transit and destination country for trafficking, given the wealth of the
country and its high buying power. At the time of the first action plan, few
traffickers were pursued or sentenced. Female prostitution constituted a major
part of human trafficking in Norway. The main countries of origin for these
women are Nigerian, Eastern European countries (Lithuania, Romania, Hungary,
Bulgaria), Algeria, Ghana, Eritrea, Cameroun, Kenya, Somalia, the Democratic
Republic of Congo, Brazil, China, and the Philippines. Victims often possess a
Schengen visa, given to them by a European country. According to the police,
human trafficking networks usually work in other criminal sectors, such as drug
trafficking.
African procurers
often force their victims to sell their bodies for sex by threatening their
family and by threatening women with voodoo. Procurers from Eastern Europe are
often members of small family mafias. They seduce young women in their origin
country and manage to convince them to come to Norway, where they end up forced
into prostitution.
Statistics on
human trafficking are difficult to obtain, given that it takes place in the
shadows. However, censuses conducted by NGOs, the Norwegian police, Europol,
and Interpol, show that human trafficking and organized prostitution are
increasing in Norway. Criminal networks are often established in the country,
in direct cooperation with Norwegian citizens. Norway gives a large definition
of a trafficking victim, which allows the state to identify a large number.
The Koordineringsenheten for Offre for
Menneskehandel (Cooperation unit for human trafficking) is the main
state-controlled body for the collection of data on trafficking. According to
their report, 292 presumed victims were identified in 2009. 198 people were
sexually exploited, of whom 22 were men. Nigeria is the origin country most
represented (121 persons) with Romania as the runner up (25 persons). For the
last few years, an increase in the number of victims from Algeria and the
Philippines has been noted.
The
observations made by aid centers additionally show that the number of African
victims, mostly Nigerians, continued to rise in 2012. The Nadheim center in
Oslo identified and followed 99 victims of human trafficking, of whom 36 were
new cases for the year of 2012. 34 of the cases dealt with women, one with a
man and one with a female minor. The majority was victims of trafficking, and
came from Nigeria. Prosentret was in contact with 74 victims of human
trafficking for the purpose of sexual exploitation in 2012. They were Nigerian,
Romanian, or came from other African countries. 146 new potential victims
contacted the ROSA project[85]
of whom 16 were men. 42 women, and not a single man, received direct aid from
ROSA in 2012.
Aid to the victims of
trafficking
Since 2006, a
reflection period is accorded to presumed victims of human trafficking in the
case that they are illegally in the country. During this period, they benefit
from a 6-month residency card, which may be extended. Since 2010, trafficking
victims who testified against their traffickers are eligible to obtain a
permanent residency permit. The number of victims who have applied for the
reflection period has diminished since 2009. 46 applications were sent in
during 2012 (29 were accepted), though 73 were sent in for 2009, with 50
accepted. Few of those who benefited from a reflection period obtained
permanent residency, but many of them sent in an application for asylum. The 2012
report from the Nadheim Center notes that few victims of human trafficking are
given protection of a residency permit due to their status as victims.
Children: a vulnerable
group
The last two
action plans to fight against human trafficking (2006-2009, 2011-2014)
particularly focus on child trafficking. The first case of trafficking of minors
took place in 2004, and was tied to prostitution. According to different
reports from the police, and other organizations working in the domain, 25% of identified
trafficking victims were minors between 2005 and 2007. Among the victims of
human trafficking for prostitution in 2009, 14 were less than 18 years old (2
boys and 12 girls). A report from the Norwegian Save the Children-Redd Barna
revealed that 237 children disappeared from welcoming centers for asylum
applicants between 2008 and August 2012. It is especially worrisome that, in
the same time frame, the number of child applicants for asylum decreased while
the number of missing children increased.
A large number of these children are estimated to have become trafficking
victims. The welcome Center for Asylum applicants Hvalstad Ankomsttransitt in
the Asker region is the first place where minors between the ages of 15 and 18,
who are applying for asylum, arrive after entering Norway. In 2011, the center held
26 presumed victims. Two received assistance services for children. One boy was
helped for drug addiction and one girl was helped for sexual exploitation.
In August
2012, a new legal disposition was adopted, allowing an unaccompanied minor,
identified as a trafficking victim, to be placed in a closed institution for up
to 6 months. This placement can be done with or without consent, in order to
ensure that those who trafficked the child into the country cannot contact him
or her.
Lithuanian traffickers and
sentencing procurers
According to
the Norwegian and Lithuanian police, who work together against organized crime
between the two countries, Lithuanian traffickers are particularly violent
toward their prostitutes, in order to gain firm control over their bodies. The
recruitment and exploitation of Lithuanian girls are extremely organized, and
victims often come from poor familial backgrounds. In 2012, the story of Eva, a
25-year-old Lithuanian woman, appeared in the Dagbladet newspaper. Traffickers made her believe that she would
easily find work in Norway. When she arrived in Oslo, she was raped and forced
into prostitution. Two months later, she finally managed to escape.
In 2011, two
Lithuanian men were sentenced for having taken part in trafficking in Norway.
Norwegian police also work in direct collaboration with other European police
forces in order to fight against organized crime and procuring.
Among all of
these cases of trafficking victims, very few traffickers were sentenced.
Between 2003 and June 2012, 25 have been sentenced and punished under law. Even
more worrisome, this number is the highest among all Nordic countries. In 2011,
32 investigations into trafficking for the purpose of sexual exploitation
initiated, and 6 people were condemned. In 2010, 26 investigations took place,
and 11 people were condemned under article 224 concerning human trafficking for
the purpose of prostitution. At this point in time, police efforts are
concentrated on the two largest Norwegian cities, Bergen and Oslo.
The police
believe that Norway must implement a more national strategy, since very little
information is collected on traffickers. Though the country has implemented
legislative reform, the number of victims who receive help and the number of
traffickers who receive prison sentences remains unacceptably low.
Sources
-
Alsaker-Nstdahl E., Jrgensen M., Nordby B., Utheim E.B.,
Gateprostituerte florerer i Oslo- fire p etter sexkjpsforbudet ,
Verdens Gang, Octobre 23rd,
2012.
-
Andersen I., Johansen N., Ruud T.T., Ravndal D., Slik reiser nigerianske
prostituerte til Norge , Verdens
Gang, June 9th, 2008.
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Arntsen, E.O., seb,
S., 1 av 2 sexkunder tas i Trondheim , Verdens Gang, 6 mai 2013.
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Schaffer, J.K., Why Norway banned the
purchase of sexual services: Ideas and prostitution policy, The Swedish
Political Sciences Associations Annual Meeting, 2010.
-
Christiansen T.W., Thorenfeldt G., -Evas historie er bare toppen av
isfjellet , Dagbladet,
September 11th, 2012.
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Christiansen T.W., Thorenfeldt G., Norge var et land hvor kriminelle
kunne gjre hva de ville , Dagbladet,
September 11th, 2012.
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Christiansen T.W., Thorenfeldt G., Slik kontrollerer Mafiaen
sexmarkedet , Dagbladet, September
13th, 2012.
- Council of the Baltic
Sea States (CBSS), Hard data: Data
Collection Mechanisms on Human Trafficking in the Baltic Sea Region, 2011.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
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Dagbladet, Hoteller svartelister prostituerte , Dagbladet, August 27th, 2010.
- GRETA (Group
of Experts on Action against Trafficking in Human Beings), Council of Europe, Report
concerning the implementation of the Council of Europe Convention on Action
against Trafficking in Human Beings by Norway, First evaluation round GRETA(2013)5, Strasbourg, May 7th,
2013.
- Kirken
Bymisjon Nadheim, Arsmelding 2012.
- Koordineringsenheten
for ofre for menneskehandel, Rapport fra
Koordineringsenheten for ofre for menneskehandel 2009, April 2010.
- Nordic Network on
Prostitution, Prostitution in the Nordic
countries, September 2011.
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Norwegian Ministry
of Justice and the Police, Plan of
Action: United against human
trafficking. The Governments Plan of Action against Human Trafficking
(2011-2014), May 2011.
- Norwegian Ministry of
Justice and the Police, Stop Human
Trafficking - The Norwegian Governments Plan of Action to Combat Human
Trafficking [2006-2009], January 2007.
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Nyflt H., Grnning T. K., Utnyttelse av unger helt forferdelig. De
enslige mindrerige er ekstra srbare , Dagbladet, December 19th, 2012.
-
Politiet, Den organiserte kriminaliteten
i Norge- trender og utfordringer i 2011-2012.
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Prosentret, farlige Forbindelser: En
rapport om volden kvinner i prostitutsjon i Oslo Utsettes for, Oslo, 2012.
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Redd Barna PRESS, Savnet- en rapport om
enslige asylskende barn som forsvinner fra mottak, January 2013.
- Rosa sentret, rsrapport 2012, 2012.
- Sidoti B., Human Trafficking in the Baltic Sea Region:
State and Civil Society Cooperation on Victims Assistance and Protection, United
Nations Office on Drugs and Crime (UNODC), Council of the Baltic Sea States (CBSS),
CBSS Task Force against trafficking in human beings (CBSS TF-THB), April 2010.
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Stokke O. Et Strm-Gundersen T.T., Norge har flest menneskehandel
dommer , Aftenposten, June 17th,
2012.
- Strm, A. A glimpse of 30 years of struggle against
prostitution by the womens liberation movement in Norway, The Womens
Front in Norway, 2011.
- Thorenfeldt G., Hva kjper
du- et ligg til egen nytelse eller voldtar du en tvangsprostituert? , Dagbladet, December 5th,
2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- UNICEF Innocenti
Research Centre, Child Trafficking in the
Nordic Countries: Rethinking strategies and national responses, December
2011.
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Resource Center for Men, projet KAST (Kjp
av Seksuelle Tjenester – Purchase of sexual services:
http://www.reform.no/index.php?option=com_content&view=article&id=59&Itemid=10
|
Pakistan
|
- Population: 180 million
- GDP per capita (in US
dollars): 1,290
- Multiparty federal
republic
- Human development index
(HDI): 0.515 (146th rank among 187 countries)
-
Gender inequality index (GII): 0.567 (122nd rank among 147
countries)
- No official
national statistics on prostitution.
- Around
40,000 prostitutes identified in Lahore, of which 9,000 are children.
-
Prostitution is illegal (Constitution of Pakistan).
- Non-marital
sexual relations are prohibited (The Offence of Zina (Enforcement of
Hudhood) Ordinance, 1979). In fact, criminalization of married prostitutes
and married clients as well.
- In the Federally
Administered Tribal Areas (FATA), prostitution is prohibited. Offenders are
liable to the death sentence.
- The
purchase and sale of a person with the purpose of sexual explitation are
prohibited. (Penal Code, Section 377).
- Significant
presence of male prostitution (hijras), but homosexuality is illegal.
(Penal Code, Section 377).
- Developped
practice of forced marriage of minors.
- Country of
origin, transit, and destination for trade victims.
-
Destinations of Pakistani victims: United Arab Emirates, Middle-Eastern
countries and a minority to Western countries.
Pakistan
is a fertile ground for commercial sexual exploitation. The combination of
several factors such as poverty, lack of education, financial insecurity,
natural disasters, and social discrimination, leads to an increased
vulnerability of entire parts of Pakistani society. Besides women and children,
the most vulnerable people are Afghan refugees, religious minorities, eunuchs
and nomadic populations (ECPAT, 2011). Faced with
the scale of the problem – difficult to quantify – Pakistani
authorities have shown a significant lack of interest, in favour of other
issues such as the fight against terrorism and the reconstruction following
natural disasters. In addition, as an Islamic State, the country does not
consider itself largely affected by this kind of problem.
Pakistan
is a source, point of transit and destination for victims of human trafficking
for commercial sexual exploitation purposes. Pakistani victims are mainly
trafficked to the United Arab Emirates, the Middle East and, to a lesser extent,
to Western countries. Foreign victims of trafficking in Pakistan are from
Afghanistan, Iran and, in a smaller number of cases, Bangladesh (U.S. Department of State, 2012). Within national borders, commercial
sexual exploitation has many forms to which the authorities and the media turn
a blind eye. Only few NGOs fight actively. By dint of limited resources, their
impact is minor in relation to the magnitude of the phenomenon.
Boys prostitution
Studies
have demonstrated that in Pakistan children between the ages 11 and 15 are the
most vulnerable to sexual exploitation. Boys and girls are equally vulnerable.
But unlike the prostitution of girls, the prostitution of boys is visible.
Places
where prostitution of Pakistani boys occurs are varied. Research has shown that
transport terminals are hotspots for commercial sexual exploitation of
Pakistani boys. Seen as a part of the transport industrys work, it could
largely be considered institutionalised.
The
Madrassas (Islamic schools) are also
places of risk for boys. Some teachers abuse students and blackmail them in
order to force them into prostitution.
Cases
of male prostitution have also been reported in places of worship. The temple
of Baba Shah Jamal in Lahore is
renowned for its easy access to young male prostitutes and drugs (U.S. Department of State, 2012).
Paradoxically
the beginning of 2012, a religious group launched a campaign against
homosexuality, calling for an end of the activities of two American
organisations (Gay and Lesbians in Foreign Affairs (GLIFAA) and Lesbian and Straight
Education Network (GLSEN) campaigning for the rights of homosexuals in Lahore,
Karachi and Islamabad (Pak Tribune, February
13th 2012).
Moreover,
the bachabazi, the fact that young
boys are supported by wealthy men in exchange for sexual services, is a common
practice in some parts of the country, in particular in the Federally
Administrated Tribal Areas (FATA).
Sexual
exploitation of boys is largely immeasurable on a national scale; however the
issue remains largely pervasive. According to a press article released August
26th, 2011 by Dawn, a
Pakistani newspaper, there are more than 170,000 children living on the street.
During their first night outside, over 90% of them are sexually abused. Police
officers are implicated in 60% of these cases. Moreover, 40,000 prostitutes,
among whom 9,000 are children, have been identified in Lahore (ECPAT, 2011).
Forced marriage of young
girls and human trafficking
Forced
marriage is a common practice in Pakistan. Many cases of forced marriage lead
to the phenomenon of human trafficking for sexual exploitation purposes, both
internally (to the major cities) and externally (particularly to Iran and
Afghanistan). NGOs and Pakistani police have reported the existence of a real
market of women (UNICEF, 2012). In 2012
according to statistical studies, forced marriage was the most common crime
against women in Pakistan, before honour killings, offenses related to
marriage, and rape. At least 341 cases of forced marriage were reported in 27
districts in May 2012 alone (Daily Times, August
31th, 2012).
The
majority of girls married by force are estimated to be between 13 and 16 years
old, which raises the issue of underage marriage. Even if section 4 of the
Child Marriage Restraint Act of 1929 prohibits marriage of girls under 16 and
of boys under 18, underage marriage remains a common and persistent practice.
Poverty, the burden of tradition, the low status of women in Pakistani society,
weak law enforcement, a lack of protection for minors, and a lack of awareness
with regard to the negative consequences of this practice are largely to blame.
The
forced marriage of minors is made easier by the low rates of birth and marriage
registration. The absence of a centralised system of marriage registration
explains why there is no official data to quantify underage marriage of young
girls (ECPAT, 2011). A study
released in March 2012 by the NGO Action
Aid Pakistan establishes a link between underage marriage of girls and
violence against women such as human trafficking for the purpose of sexual
exploitation (Daily Times, March 9th, 2012). 74% of
girls under 16 living in the districts of Charsadda and Mardan, in the province
of Khiber Pakhtunkhwa, are estimated to be married. The birth registration rate
of these girls is largely considered low, as is their enrollment rate in school.
Meanwhile the extent of human trafficking in these districts is considered
substantial.
A legislation below
international standards and weakly implemented
The
Pakistani legal framework related to the fight against commercial sexual
exploitation is inexpedient. First, laws penalising prostitution do not
distinguish between the prostitution of minors and that of adults. Thus, no
specific protection is granted to children. Furthermore, there is no law which
offers specific protection for boys. The reality of male prostitution is denied
by the Pakistani State since its recognition would signify the admittance of
homosexual practices in conflict with Islam (ECPAT,
2011). As a direct result, young male prostitutes in Pakistan are excluded
from any form of protection.
Although
there are several laws on human trafficking, none are comprehensive enough to
comply with international standards. Pakistan is an abiding member of the
Palermo Protocol and is ranked in second tier of the 2013 U.S. Department of
State Report on Human Trafficking. The multiplicity of Pakistani laws is
confusing to the judicial authorities. In many cases, people incriminated were
tried imprecisely for human trafficking and forced labour.
In
addition, the laws which the set the age of majority are not standardised.
Whereas the Majority Act 1875 defines a child as a person under 18 regardless
of gender, under the Offence of Zina 1979 a man becomes an adult at the age 18
and a woman at the age of 16. In the case of marriage, the laws regarding age
differ again, where men may marry at 18 and women may marry at 14 (ECPAT, 2011). In all of these cases, the age of maturity in
Pakistan is not in line with international standards, most clearly at the
expense of girls.
Moreover,
the laws on human trafficking and prostitution are not evenly implemented at
different levels – federal, provincial and territorial. Since 2012,
Pakistan has initiated a process of decentralisation of power, thus the need
has arisen for provinces to develop and implement action plans to fight against
sexual exploitation (U.S. Department of State,
2012). Laws protecting the rights of children are lacking in the provinces of
Khiber Pakhtunkhwa, Baluchistan and Azad Kashmir, in the administrative region of
Gilgit-Baltitanand, and in the Federally Administered Tribal Areas (FATA).
Although an integral part of Pakistani territory, the FATA are not under the
juridiction of the Supreme Court, and the Penal Code exerts no legal imperative
(ECPAT, 2011).
Finally,
the identification process of human trafficking victims for the purpose of
sexual exploitation is inadequate. This often leads to the conviction of
victims for crimes committed while exploited. The authorities do not provide
legal support to the victims so that they can participate in the investigations
against their traffickers and procurers. The protection and rehabilitation
system of victims, both children and adults, is insufficient and inadequate.
Whereas there are governmental shelters, the number of people housed in these
centres is unknown. Within the shelters themselves, abuses and the deprivation
of freedom of movement have been reported. The staff of these centres and
police officers have been accused of selling, under the guise of marriage,
women who were not recuperated by family members (U.S. Department of State, 2013). In addition, because of the
lack of space in shelters, some victims would be housed in detention centers (U.S. Department of State, 2012).
In
matters of prevention, the efforts of the Pakistani government remain limited
and focused on the supply rather than the demand for commercial sex; it is
also worth noting the absence of preventative measures targeting sex tourism (ECPAT, 2011).
Commercial
sexual exploitation and issues related to sexuality are, in general, taboo in
the Islamic Republic of Pakistan – the Land of the Pure – which
partly explains the limited efforts of the authorities. A real awareness of the
phenomenon in all its magnitude is an essential prerequisite for the
development of an effective struggle against human trafficking as well as a
worthy protection system for the victims in question. In this respect, the
media has a key role to play. Nevertheless it should be noted that the
Pakistani media remains relatively inactive on this issue as of 2012. Press
articles reported almost exclusively cases of extreme external human
trafficking, where victims are all women or young girls from the most educated
families taken in by attractive job offers or kidnapping.
Internal
trafficking, sexual exploitation of boys and of girls under the guise of forced
marriage are all major issues of which Pakistani society has yet to become
aware. Some local NGOs such as Sahil, SACH and Rozan fight actively against
human trafficking and organize awareness campaigns. However, their means are
clearly insufficient to face the scale of the phenomenon.
Sources
- Underage marriages leading to violations of womens
rights , Daily Times, March 9th,
2012.
- Children sexually abused on Pakistans
streets , Dawn, August 26th,
2011.
- Crimes against women increase by 7pc: report ,
Daily Times, August 31th,
2012.
- Group of clerics launches campaign against
homosexuality , Pak Tribune,
February 13th, 2012.
-
CRIDES/Fondation Scelles, Revue de
lactualit internationale de la prostitution, 2012.
- ECPAT, Global
monitoring report, Status of action against commercial sexual exploitation of
children, Pakistan, 2011.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- UNICEF, Situation
Analysis of Children and Women in Pakistan, National Report, June 2012.
- United Nations
Treaty Collection: http://treaties.un.org/
- Transparency
International : http://www.transparency.org/country#PAK
|
Philippines
|
- Population: 96.5 million
- GDP per capita (in US dollars): 2,588
- Presidential regime
- Human development index
(HDI): 0.654 (114th rank among 187 countries)
-
Gender inequality index (GII): 0.418 (76th rank among 147
countries)
-
Member of the Association of Southeast
Asian Nations since 1967.
- No official
national statistics on prostitution.
- Prostitutes
between the ages of 9 and 60.
- Article
202(5) of the Penal Code defines prostitution as a form of vagrancy and
therefore as a crime.
- The sale of
sex services and procuring are prohibited by the Penal Code.
- Significant
location of sex tourism and phenomenon of domestic human trafficking.
- Country of
origin for trade victims.
-
Destinations of Filipino victims: Malaysia, South Korea, Japan, and Middle-Eastern
countries.
As
of 2012 the Philippines remain a hotspot for commercial sexual exploitation in
the world. Minors and women are particularly affected, and sex tourism within
the country is highly developed[86].
In
2010, 39% of the countrys population was under 18 years. The capital, Manila,
holds an estimated 1.5 million children living on the streets (ECPAT, 2011). Living in the street can be considered as an
aggravating factor of vulnerability for children in all forms of commercial
sexual exploitation such as child prostitution, child pornography, and human
trafficking for the purpose of commercial sexual exploitation.
Regarding
the general phenomenon of human trafficking, the Philippines are ranked in the second
tier of the classification in the 2012 U.S. Department of State Report on Human
Trafficking. It is mainly a source country for victims. The destinations of
Filipino women who are victims of commercial sexual exploitation are not only
Asian countries such as Malaysia, South Korea and Japan, but also countries of
the Middle East such as Syria. The Philippines have signed and ratified the
Palermo Protocol. By and large, its legislation appears consistent with
international minimum standards. However an important number of elements within
the country prevent an effective fight against human trafficking. Regardless of
the significant scope of internal trafficking, which affects hundreds of
victims daily, the phenomenon remains largely ignored by the authorities.
New forms of prostitution
and traffickers new operational mode
In
the Philippines, prostitution is a phenomenon which encompasses a large portion
of the population, given that the age of prostitutes ranges from 9 to 60.
Moreover, prostitution, adapting to new communication technologies, has begun
to take different forms. To give one example, textitution– a portmanteau made up from the fusion of text
and prostitution – has become an increasingly popular service delivered
via mobile phones. Prices for the service vary between 7 and 12 US dollars.
Alongside this new form of prostitution, there is also the phenomenon of swap-lat which means to exchange sexual
services for methamphetamines or glue, commonly used as a cheap alternative to
drugs (Davao Today, October 8th,
2012).
In
2012, the Criminal Investigation and Detection Group (CIDG) discovered a new
operational means of human trafficking called: Sex tiangge[87]
in Nasugbu of the Batangas province. Women, including minors, were gathered in
small huts where clients would come to choose the girl(s) of their preference.
Once inside, the men also had the opportunity to negotiate prices, to purchase
the merchandise immediately, to schedule delivery, or to buy retail or
wholesale (starting at four women). This means of operation also exists in
other parts of the country where there is a high concentration of resorts and
private swimming pools such as those which exist in Laguna province for example
(Manilla Bulletin, July 2nd,
2012).
Efforts of the Filipino
government
In
September 2012, the authorities decided to ban cybersex. The new law defines
cyber sex as the voluntary commitment, control, maintenance, or exploitation,
direct or indirect, of any exhibition of sexual organs or sexual activity, through
the use of an IT system (Clubic, September
20th, 2012). One of the main objectives of this law is to fight
against commercial sexual exploitation of women and girls via webcams and/or
chats. Fines up to 4,600 (6,112 US dollars) and possible prison sentences up
to six months are levied on customers. In 2011, for the first time, two Swedish
nationals who ran a network of cybersex in the Philippines were sentenced to
life imprisonment by the Filipino justice system[88].
Progress
has been made regarding the prevention of external human trafficking. In
January 2012, the Bureau of Immigration began implementing the New Guidelines
on Departures Formalities for International Bound Passengers in all Airports
and Seaports. These measures intend to screen potential victims before their
departures and to prevent them from leaving the territory. From January to
March 2012, 66 potential victims were identified as a result of this process (U.S. Department of State, 2012).
The
Filipino authorities have been proactive during conferences of the Association
of Southeast Asian Nations (ASEAN) in Manila from June 19th to 21st,
2012. The latter urged to strengthen cooperation at a regional level in
the fight against pornography and prostitution through the internet. The
representative of the Philippine Department of Social Welfare and Development
stressed the importance of ASEAN members states in the fight against the
growing number of cases of cyber pornography and cyberprostitution in the
region. Unfortunately, to date the Philippines call for a comprehensive approach
within the ASEAN member states has not provoked any reaction from its neighbours
(GMA Network, 3 juillet 2012).
The limits of the
Philippines anti-trafficking plan
The
first element that jeopardizes the fight against commercial sexual exploitation
by the Filipino authorities is endemic corruption in its midst. Within its 2012
ranking of perceived corruption, the NGO Transparency International ranks the
Philippines 105th out of 176 countries (Amnesty International, 2012). There is corruption at every level of
governance: among officials of the Bureau of Immigration, the Ministry of
Justice, as well as the National Police. Corruption may be active with agents
who help traffickers by providing them necessary documentation among other
forms of support. Corruption may also be passive, where officials decide to
turn a blind eye. Despite a fairly complete legal system, the implementation of
many laws remains difficult. First, the question of whether free prostitution
falls under human trafficking or not is debated among legislators and
prosecutors. The lack of provisions which grant immunity to people reporting
human trafficking cases is also a major problem (AHRC,
UNGIFT, 2012). With regard to human trafficking, the Filipino
judiciary system has many shortcomings. Filipino courts are estimated to have
around 680 pending or ongoing human trafficking cases. And 129 cases await
deliberation by the Department of Justice. The number of prosecutors dedicated
to human trafficking cases thus seems clearly insufficient (U.S. Department of State, 2012). The
inefficiency of the Philippines judiciary is caused by a lack of political will
coupled with a lack of resources.
The
victim identification system remains inadequate, resulting in abandoned victims
condemned to pay fines or even jailed for vagrancy. Moreover, victims of
trafficking suffer from a cruel lack of assistance and protection once back
home. Furthermore, no information on the legal remedies available is provided
to them (AHRC, UNGIFT, 2012).
Focus on women and
children victims of trafficking from ZAMBASULTA to Sabah
Map of the Philippines – http://www.your-vector-maps.com/countries/-philippines/-philippines-free-vector-map/?image=l-philippines
The
term ZAMBASULTA refers collectively to the regions of Zamboanga, Basilian,
Sulu and Tawi-Tawi, which are parts of the Muslim autonomous region of Mindanao
located in the southwest of the Philippines. These are known to be hotspots for
human trafficking. The case of ZAMBASULTA is not representative of the
situation of human trafficking in the country. However, the extent of human
trafficking is wide enough to merit specific consideration. In 2012, a study
released by the United Nations Global Initiative to Fight Human Trafficking
(UN.GIFT) is completely devoted to this topic.
The
fact that, for nearly 40 years, an internal armed conflict has raged in
Mindanao between the Moro Islamic Liberation Front and the regular army is
connected to the exceptional scale of human trafficking in ZAMBASULTA. First
and foremost, the authorities are disposed to allocate more resources to the
fight against terrorism than to the fight against human trafficking. Moreover,
as in every internal armed conflict, the local population is the most
vulnerable, because of the violence and fighting, which causes a high number of
civilian casualties, the near absence of employment opportunities, and forced
displacement. In addition, on December 4th, 2012 the typhoon Bopha
hit the region, affecting the lives of over 6.2 million people. According to
the Office for the Coordination of Humanitarian Affairs (OCHA), 1,146 people
died and 834 others were declared missing. While 8,925 people were housed in
evacuation centers, 925,412 were still looking for a place to take refuge. More
than 230,000 homes have been damaged or destroyed. All these elements added to
the ranks of those willing to immigrate voluntarily and illegally. Those who
went immigrated mainly to Sabah (one of the two states of Eastern Malaysia
located in Borneo) because of its close proximity.
An
analysis of the roads used by traffickers and their victims indicates Zamboanga
Island as the most common point of transit to reach Malaysia. In some cases,
Malaysia is only a pit-stop before traveling to a third country.
Finally,
the study released by UN.GIFT shows that 80% of those who hope to go to
Malaysia to work feel no fear due to the positive information received from
their relatives. 52% of these people do not know what human trafficking is (AHRC, UNGIFT, 2012). Thus, it seems essential to intensify efforts
to raise awareness among these high risk populations.
In
2012, the scope of prostitution in the Philippines did not decrease in any
meaningful measure. Current events prove a certain diversification of
commercial sexual exploitation methods: textitution, swap-lat, Sex Tiangge.
These evolutions reveal the extreme vulnerability of victims, mainly women and
children. Regarding the magnitude of the phenomenon, the government is
proactive in the legislative field. Nevertheless, corruption, the inefficacity
of the judicial system, and a lack of assistance to or protection of victims
are obstacles to an effective fight against commercial sexual exploitation in
the Philippines. The case of ZAMBASULTA is particularly worrisome, given that
more than anywhere else in the Philippines, its people face extreme hardship.
They live without the prospect of improving of their situation, due to ongoing
internal armed conflicts and natural disasters. Given their particular
vulnerability to human trafficking for commercial sexual exploitation purposes
they, along with other members of the Philippine population, ought to receive
international attention.
Sources
- PHL pushes ASEAN
partnership vs online porn, prostitution , GMA
Network, July 3rd, 2012.
- Politicians urged
to join fight vs child sex tourism in Cebu , Sun Star, October 10th, 2012.
- Ateneo Human Rights
Center (AHRC), United Nations Global Initiative to Fight Human Trafficking
(UNGIFT), Trafficking in Women and
Children in Zamboanga, Basilian, Sulu and Tawi-Tawi (ZAMBASULTA), 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- ECPAT, Global monitoring report, Status of action
against commercial sexual exploitation of children, Philippines, 2011.
- Gutierrez A.M.S.,
Preventing Human Trafficking in the Philippines, Overview and Current
Activities , UNAFEI, Resource
Material Series n.87, 2012.
- Lopez A.D., New prostitutes go for phone sex,
sex for drugs , Davao Today,
October 8th, 2012.
-
illet A., Les Philippines interdisent le cybersexe sous peine
damende , Clubic, September 20th,
2012.
- Recuendo A.B., CIDG Uncovers Batangas
SexTiangge , Manilla Bulletin,
July 2nd, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- Vidyamali S.,
Female sex trafficking in Asia, the Resilience of Patriarchy in a
Changing World , Ed. Routledge,
2008.
- Office for the
Coordination of Humanitarian Affairs (OCHA) : http://reliefweb.int/disaster/tc-2012-000197-phl?f[0]=field_source%3A1503
- United Nations Treaty Collection: http://treaties.un.org/
-Transparency
International : http://www.transparency.org/country#PHL
|
Poland
|
- Population: 38.3 million
- GDP
per capita (in US dollars): 12,708
- Republic
- Human Development Index
(HDI): 0.821 (39th rank among 187 countries)
- Gender Inequality Index
(GII): 0.140 (24th rank among 147 countries)
- Member of the European
Union since 2004.
- No official national
statistics on prostitution.
- Prostitution is legal
but not regulated. Brothels, procuring, forced prostitution and child
prostitution are prohibited.
- The sex industry in
Poland reports between 5 and 10 billion PLN ($1.6 and $3.3 billion USD) per
year.
- Sex tourism destination.
- Many illegal
establishments and prostitutes along the German border and major roads.
- Country of origin,
transit and destination for women and children who are intended for sexual
exploitation.
In the
beginning of the 1990s, like many countries formerly part of the Soviet Union,
Poland experienced a large increase in the activity or visibility of
prostitution, which had been kept hidden by the communist regime. For a long time, Poland, known for the
trafficking of white women and affordable sex, was considered a source country for
female victims.
The rise of
tourism, business development, and the arrival of foreign money helped to
develop the sex market. The
situation evolved further with Polands entrance into the European Union. A
country which is, at the same time, a destination and a transit point to
Western European, young women destined for sexual exploitation come from
Bulgaria, Romania, and from former soviet countries (Ukraine and Belarus).
Around one-third of the prostitutes in Poland are immigrants, whereas 14% of
foreigners exploited in Poland are exploited sexually. Polish women are also sexually exploited
outside of their country, principally in Germany, Austria, the Netherlands,
Italy, and the United Kingdom.
A strong demand on
highways and border areas
Poland is a
true crossroads between Western Europe, the Russian Federation, and Eastern
Europe. Prostitution is therefore concentrated along the main transit roads,
such at those between Varsovie and Berlin or around the area of Zielona Gora
with Ukranian and Bulgarian women. Young women are rarely identified as victims
of human trafficking, but as people who have entered the territory illegally.
Nevertheless, 90% of prostitution put in place along highways for semi-truck
drivers, is controlled by criminal organizations. According to the police, the
majority of women is likely to be between 16 and 20 years old, and come from
disadvantaged economic circumstances. They are under the control of criminal
groups or small networks that control, in general, everything from recruitment
to transportation.
This type of
prostitution is not recent, but is becoming a larger problem. For example, in
the Mrkisch-Oderland region, near the German border, residents concerned over
the regions image are working to eliminate the existence of prostitutes.
According to the Belladonna association, nearly 80 brothels operate along the
Oder-Neisse line and employ 1,500 female prostitutes (Mrkische Allgemeine, June 7th, 2011).
What is even
more worrying is the increased exploitation of young boys for German, Danish,
or Swedish tourists. Unaccompanied children run a higher risk to become
prostitutes. Even when secured and placed in housing centers, they escape with
the help of procurers.
Efforts increasingly
supported by the government to eliminate human trafficking and sexual
exploitation
The first Polish
national action plan against human trafficking was launched in 2003. An
extension of the program was adopted on June 10th, 2011. The main
goal of the program is to create the necessary conditions to prevent and fight
against trafficking in Poland, while providing protection to the victims and
bettering the countrys legal instruments. Four groups of experts were
designated to work on child trafficking, prevention, victims, and the
collection of statistics. The fight against human trafficking took a new
dimension when the borders with Germany and Austria opened to Polish workers on
May 1st, 2011.
The country
congratulated itself on the application of the proposition relative to child
exploitation, sexual abuse, and pornography. This measure was achieved while
Poland presided the European Council, during the second semester of 2011. The
directive provides better judicial prosecution in inter-border affairs, the
deletion and blocking of child pornography sites, and a system of assistance
and protection to victims and their families. This common legislation aims to
increase the severity of penal sanctions within the Union: forcing a child to
perform a sexual activity or engage in prostitution is punishable with up to
ten years in prison; those charged with the possession of child pornography may
be punished for up to three years; those who watch child pornography may be
sentenced for one year.
Sex tourism and the Euro
Cup 2012
The European
football championship took place in Poland and Ukraine between June 8th
and July 1st, 2012. Many associations organized communication and
prevention operations in order to reduce prostitution. Founded in Kiev in 2088,
the FEMEN group heavily increased the level of action in the fight against
prostitution and sex tourism in Ukraine and Poland. During the protests in
Varsovie against the 2012 Euro Cup, women marched topless, chanting Neither Poland
nor Ukraine is a brothel.
This type of
international event largely increases the risk of child sexual exploitation.
Minors, tempted by the adventure, head to the country alone, without money, in
a foreign city, and become the prey of procurers and criminal networks. The
awareness campaign, entitled Nie Przegraj,
launched by the Dzieciniczyje Foundation (The Nobodys Children Foundation),
put forward slogans such as Ty
niemaszceny (You dont have a price), and was launched during the 2012
Euro Cup. The poster below was representative of a new form of child
prostitution in Poland, which involved children selling their body in exchange
for presents. The campaign was meant to reach, additionally, foreign
supporters, potential clients, reminding them that commercial sexual relations
with minors remain illegal in Poland.
A younger and younger population affected
According to a
study of 400 female prostitutes in Poland, 35.8% of them were between the ages
of 20 and 25. 78% considered prostitution as their only source of income. 60%
began the activity due to difficult financial circumstances.
Four principal
categories of child prostitution have been identified in Poland:
- Prostitution from
misery, in which minors are unable to fulfill their nutritional or additional
needs.
- Prostitution by
aspiration in which prostitution is a means to better social or material
status. This mindset is generally created by the aspiration to belong to a
higher social class. According to this hypothesis, sexual services are obtained
in exchange for money or luxury products (clothing, jewelry, electronic
gadgets, rent payment). This form of prostitution is well known in Poland, due
to numerous feature films such as Galerianki
from Katarzyna Roslaniec (2009), or Swinki
from Robert Gliński (2012).
- Sponsoring, which is the general exchange between financial support
and sexual services
-Cybersex, which is a new
form of child sexual exploitation that consists of obtaining photos and videos
of minors, naked or in lingerie, erotic text messages or erotic online
conversations, in exchange for money or other remuneration such as a telephone
charge.
According to a
study of 100 teenagers between the ages of 15 and 18, lead by the Dzieci Niczyje
Foundation in 2010, 24% claimed to have had at least one sexual relation during
the last year, in exchange for financial support or material compensation.
According to the report, the principal reasons why people fall into
prostitution are familial or personal financial problems.
In Polish law,
there is no definition of child prostitution. The country has not ratified the
convention of the European Council on the protection of children from sexual
abuse and exploitation, which clarified the notion. In Poland, any sexual
contact with a minor below the age of 15 is prohibited. Concerning children
between 15 and 18 years old, only the act of convincing the child to have
sexual contact for remuneration is prohibited. Sexual relations with minors
between the ages of 15 and 18 are not illegal.
Legalization or
penalization of prostitution?
Are brothels
truly prohibited?
The number of
sex tourists who do not know that brothels are illegal in Poland is staggering.
For this reason, brothels hidden behind a faade of legal activity fill
touristic cities such as Cracovie to the brim. Behind the shop windows of
tanning salons, massage parlors, and saunas, prostitutes offer their services.
For the most part, taxi drivers are well aware of where these shops can be
found. The city authorities appear blind to this type of activity, given the
important affluence of city tourists. A recent report on prostitution in Poland
explained that prostitutes of the city give money to corrupt police agents and
organized crime networks, in order to guarantee their own protection.
A tax on prostitution
In the current
state of legislation, prostitutes in Poland are not required to pay taxes on
their income. By imposing a tax on prostitution, the Polish state would be able
to collect important information concerning the revenue of prostitution in the
country, which could represent between 5 and 10 billion PLN ($1.7 and $3.1
billion USD). This question was tackled during the 2012 Euro Cup, which heavily
increased the countrys sex tourism. Given that prostitution remains a taboo
topic within the country, with respect to conservative values, it appears
unlikely that such a tax will see the light of day.
Sources
- Any idiot can
find a brothel in Krakow , Krakow
Post, May 11th, 2012.
- Gegen
Brandenburgs einzigen Strassenstrich an der Bundesstrasse 1 regts sich
Widerstand , Mrkische Allgemeine,
June 7th, 2011.
- Constant S., Madrian C., Capaldi M., Monitoring state progress to protect
children & young people from trafficking for sexual purposes, Stop sex
trafficking of children and young people, ECPAT International, The Body Shop,
January 2010.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Glowny Urzad statystyczny (donnes chiffres pour lanne 2012),
Polska w liczbach (Poland in figures),
http://www.stat.gov.pl/cps/rde/xbcr/gus/F_polska_w_liczbach_2013.pdf
- Komercyjne wykorzystywanie seksualne dzieci
I mlodziezy, Postawy wobec problem, Raport z badan, Fundacja Dzieci
Niczyje, 2011.
- Ministry of Interior,
Poland, National Action Plan against
Trafficking in Human Beings for 2011-2012, 2011.
- Schuster M., Slzle A.,
Zimowska A., Discourse on prostitution
and human trafficking in the context of UEFA EURO 2012, First report,
December 2010.
- Szymanowska
M., Pologne : le groupe Femen sinvite lEuro 2012 , Le Point, June 11th, 2012.
- Zjawisko
handle ludzmi, w odniesieniu do cudzoziemcow przebywajacych w Polsce, Rapport
2011/2012, Centrum Pomocy Prawnej.
- Dzieci Niczyje
Foundation: http://fdn.pl/pl
- European Commission, Fight against
Human trafficking website, Poland file:: http://ec.europa.eu/anti-trafficking/showNIPsection.action?country=Poland
- Polish Presidency of the
Council of Europe: http://pl2011.eu/fr/content/succes-pour-la-presidence-polonaise-suite-l-adoption-par-le-parlement-europeen-de-la-directi
|
Romania
|
- Population: 21.4 million
- GDP per capita (in US
dollars): 7,943
- Parliamentary regime
- Human development index
(HDI): 0.786 (56th rank among 187 countries)
- Gender inequality index
(GII): 0.327 (55th rank among 147 countries)
- Member of the European
Union since 2007.
-Official estimate: 2,000
prostitutes. NGO estimate: between 23,000 and 47,000.
-Prostitution is illegal.
-An anti-trafficking law
of 2001, law number 687/2001 on the prevention and fight against trafficking
was adopted on November 21st, 2011.
-The new Penal Code of
2009 went into effect in 2013.
-Essentially a country of
origin for the victims, and to a lesser extent, a country of transit and
destination.
- Romanian victims usually
exploited in Belgium, Cyprus, Finland, France, Germany, Greece, Hungary, Malta,
the Netherlands, Portugal, Slovenia, Spain, Sweden, and Switzerland.
In 2012, like
previous years, many cases of sexual exploitation, in which Romanians were
heavily involved, have been recorded. Examples of this would be the dismantling
of a Romanian prostitution ring in Spain during the month of March, a network
of Romanian prostitutes in the region of Bziers camps in May, or a network of Romanian
prostitution in Nantes in December 2012
Although the current
events above refer only to Romanian expatriates, even within Romania, the
sexual exploitation facts are not rare. Indeed, sexual exploitation is one of
the main problems affecting the country. Despite the undeniable efforts of the
government and NGOs, the situation remains alarming.
Romania, a highly exposed country, despite its efforts for
betterment
Thanks to a
number of programs established by the government, Romania is known for a strong
growth over the last decade. Despite the financial crisis that stunted this
growth trajectory, the country has cut its deficit by 6.1 percentage points of the
GDP over four years (2009-2012), which allowed it to leave the EU excessive
deficit procedure, with a budgetary deficit of 2.9% of GDP in 2012.
Despite the
growth efforts, Romania nevertheless remains one of the poorest countries in
the European Union, and one of the most affected countries by the scourge of
sexual exploitation. According to the UN 2012 Report on Human Trafficking, one
estimates 1,041 victims of human trafficking, against 1,043 in 2011. Among the
victims, 526 are victims of sexual exploitation. According to the 2013 U.S. Department
of State Report on Human Trafficking, the figures are slightly increased,
compared to 2011, where 488 victims were registered.
Sexual
exploitation in Romania presents a large transnational character. Indeed,
although prostitution is rampant in the country, the majority of Romanian
prostitutes are exploited abroad. This expatriation of victims makes Romania
one of the main countries of origin of victims of sexual exploitation in the
European Union. These Romanian victims are usually exploited in destination
countries such as Belgium, Cyprus, Finland, France, Germany, Greece, Hungary,
Malta, the Netherlands, Portugal, Slovenia, Spain, Sweden, and Switzerland.
However, before their expatriation, said victims are first exploited in Romania,
before being transferred to their country of destination.
Although
Romania provides a significant percentage of victims, it is noted that the
country is also a country of transit and destination for a minority of victims
such as Moldavians, Colombians, and French. Some Romanian victims are also
exploited in Romania. In 2012, of the 1,041 victims of trafficking identified,
492 were victims exploited within their own country.
Vulnerable victims increasingly affected
Among the
victims, the most concerning are the women. According to the NGO Not for Sale, women represent 68% of the
victims of human trafficking in 2012. In 2012, 57% of these women had not
received formal education. In addition, 60% of victims are from developing
countries or geographically isolated regions. 95% of victims, who were older
than 18, were unemployed. From these statistics, one can deduce that the
victims are extremely exposed people, as result of their economic
vulnerability. Given their precarious financial situation, they are more likely
to believe promises, usually false, that their traffickers propose in the hope
of a better future.
Prostitutes are
generally attracted by procurers, who trick the girls into believing their
false promises of employment and very attractive wages. Having only the
guarantee of good faith of the procurers, they engage in a face to face
contract, despite the risks to their dignity.
According to
the 2012 UN report, in the majority of cases, the traffickers have a certain
closeness with their victims. They are usually Romanian nationals seeking their
victims in their same ethnic group or their family. This proximity, social as
much as familial, creates a bond of trust between the victim and the
trafficker, which leads to the victim being deceived and enticed by proposals of
traffickers.
Once lured by
traffickers, prostitutes are generally maintained within prostitution by
coercion. Procurers generally use physical and moral violence, sexual abuse,
deprivation of liberty, or confiscation of their papers. Within the network,
they are considered the property of their procurers, who do not hesitate to use
different methods to "mark their property." For example, members of a
prostitution ring in Spain tattoo barcodes on the wrist of their victims to
mark their ownership.
The strong presence of minors and handicaped victims
In Romania,
one of the alarming elements, which is certainly noteworthy, is the strong
growth of juveniles and young adults in the scourge of sexual exploitation,
increasingly exposed to trafficking because of their vulnerability due to their
youth and their credulity. The most vulnerable children include those whose
parents are working abroad. There are two age categories of victims: 14-17
years and 18-25 years. In 2012, there was an increase in the number of child
victims from 319 identified victims in 2011 to 370 in 2012. In addition,
according to the association Not for Sale,
in 2012, 25% of victims of human trafficking victims were young adults, aged
between 18 and 25 years. These figures are similar to those published by the
UN, which considers that in 2012, children accounted for at least one third of
victims of sexual exploitation in Romania.
Government action in the fight against prostitution in
Romania
In Romania,
exploitation of human beings is a criminal offense punishable by a prison
sentence of 3-15 years. In this country, the struggle for the eradication of
sexual exploitation is the prerogative of the government and NGOs.
Government
actions occur both domestically and internationally. Romania has ratified many
conventions calling for the abolition of prostitution. At the outset, one could
cite the Convention of the Council of Europe Convention on Action against
Trafficking in Human Beings, adopted by the Council of Ministers of the Council
of Europe on May 3rd, 2005, entered into force on February 1st,
2008 and ratified by Romania on August 21st, 2008. The overarching
objectives of this agreement are the prevention of trafficking, the protection
of victims, and the prosecution of traffickers. Romania has also ratified the
Convention and the UN Protocol against Transnational Organized Crime. To comply
with these agreements, the Romanian government has adopted numerous measures
against prostitution. This is the case with the adoption and updating of the anti-trafficking
law, the establishment of a national mechanism for the identification and
referral of victims, and the provision in the Romanian law of non-sanctions of victims
of trafficking for taking part in illegal activities by stress. The
ratification of international conventions also helped promote cooperation among
States and therefore, increases the likelihood of arrests of traffickers in
third party countries. According to the 2013 U.S. Department of State Report on
Human Trafficking, throughout 2012, the Romanian Police participated in 94
investigations in partnership with other officers of the European Union.
On the
national level, sexual exploitation is prohibited by the anti-trafficking law
of 2011, law number 678/2001 on the prevention and fight against trafficking,
adopted on November 21st, 2011 and put into place on December 11th,
2011. Although the Romanian government does not conform to the standards for
the elimination of trafficking, their efforts in terms of prevention, the fight
against prostitution, and the repression of traffickers are considerable.
Throughout
2012, the number of prosecutions was one of the highest in Europe: the Romanian
authorities instructed 867 cases of human trafficking, compared to 897 in 2011.
667 offenders were prosecuted and 427 convicted, compared to 480 prosecutions
and 276 convicts in 2011. Among those convicted, three-quarters have been sentenced
to prison terms ranging from 1 year to 15 years. These statistics do not
distinguish the proportion of sexual exploitation.
While the
government continues to implement programs for the punishment of traffickers,
efforts to support victims remain insufficient. Indeed, for the fourth
consecutive year, the government provided no funding to NGOs against
trafficking. However, its victim identification system remains one of the best.
Assistance and care of victims arrangements have been put in place by the
government. When the situation required it, some victims received psychological
care, and assistance with school reintegration (352 people in 2012). Despite
the desire to perfect the system of assistance to victims, it remains that the
psychological care is still insufficient.
Shelters for
victims have also been introduced, where 112 victims of trafficking were
received during 2012. To facilitate reports of trafficking victims, the
Romanian law does not criminalize victims for unlawful acts arising out of
their activities. One point to be deplored on is that minor victims do not
receive special care in emergency shelters. In addition, foreign victims, who have
a cooling off period of 90 days to decide whether to stay in the area, do not
have the right to work during their period of residence.
To educate the
wider public, the government has conducted many campaigns across the country.
In 2012, six campaigns were conducted in collaboration with NGOs. In terms of
prevention, the government has also set up a national strategy against human trafficking
for 2012-2016.
Apart from
government action, it is important to recognize the actions of different NGOs,
in the fight against trafficking in Romania. One of the most important
associations is Agentia Naţională
mpotriva Traficului of persoane (National Agency for the Fight against Trafficking
in Human Beings - NATP). Founded in 2006 and with the status of special public
administrative institution, the NATP aims to coordinate, supervise, and
evaluate national policies against trafficking, measures of protection, and
assistance to victims. One should also mention the Interdepartmental Working
Group on the fight against trafficking in human beings, created in 2003. It is
also worth noting the strong involvement of the police, which has a specialized
branch who fights against organized crime. Many NGOs fight against human trafficking
and sexual exploitation in Romania, in the example of Anti-Traffic, which
specializes in the prevention of trafficking.
The various
actions of the State and public entities to eradicate the scourge of
prostitution and to assist victims, while laudable, have not yet abolished this
phenomenon.
Sources
- Committee of the Parties
to the Council of Europe Convention on Action against Trafficking in Human
Beings, Recommendation CP(2012)7 on the
implementation of the Council of Europe Convention on Action against
Trafficking in Human Beings by Romania, adopted at the 8th
meeting of the Committee of the Parties, June 11th,
2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- GRETA (Group of Experts on Action against
Trafficking in Human Beings), Council of Europe, Report concerning the
implementation of the Council of Europe Convention on Action against
Trafficking in Human Beings by Romania, First evaluation round, GRETA(2012)2, Strasbourg, May 31st,
2012.
- Not For Sale, Impact Report, Annual report, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- United Nations Office on
Drugs and Crime (UNODC), Global report on
trafficking in persons, December 2012.
- United Nations Office on Drugs and Crime (UNODC), World Drug Report, June 2012.
|
Russian
Federation
|
- Population: 142.7
million
- GDP per capita (in US
dollars): 14,037
- Presidential
regime with a federal organization
- Human development index
(HDI): 0.788 (55th rank among 187 countries)
- Gender inequality index
(GII): 0.312 (51st rank among 147 countries)
- No official national
statistics on prostitution.
- Between 150,000 and
270,000 prostitutes. 80,000 to 130,000 in Moscow, 20,000 to 30,000 in St-Petersburg.
- Current legislation
prohibits prostitution and procuring (Code of Administrative Offenses-Criminal
code), the clients remain unpunished.
- Country of origin,
transit and destination for human trafficking victims.
- Foreign victims native
to: Israel, Turkey, Greece, Cyprus, South Korea and China.
- Russian victims sent to
Europe, Mumbai, Buenos Aires, Thailand and Japan.
The context
for the human trafficking in Russia is set: the penalty is falling. Indeed, for
the first time since 2002, the U.S. Department of State placed Russia in the tier
3 (lowest level) in its 2013 Report on Human Trafficking. The Russian
government has not provided enough effort in 2012 to fight against trafficking,
protect and guide victims. Recall that Russia has one highest crime rates in
the world, since the United Nations Office on Drugs and Crime (UNODC) lists
Russia as committing 10.2% of murder, one of highest rates in the world, in
2011.
Sexual exploitation in Russia: A growing phenomenon
In the context
of such a varying and omnipresent crime as human trafficking, its
proliferation, notably in regards to sexual exploitation, is not stopping in
Russia. Prostitution today seems to be a growing phenomenon and the laws
prohibiting it seem entirely obsolete. Sexual exploitation in Russia is
governed by the Code of Administrative Offenses, which provides a sanction of
1,500 to 2,000 RUB ($47.6 to $63.3 USD) for people selling others into
prostitution. The Criminal Code prohibits activities related to procuring and
organizing brothels with sentences ranging from 8 to 10 years in prison. Being
a "customer" is totally innocent and unpunished.
Current Russian
legislation prohibits prostitution and procuring, but the penalty for these
activities may be about to change. Indeed, Deputy Joseph Kosban, member of the
United Party, aims to legalize prostitution in order to better manage it. He is
not the only official wishing to modify the terms of the Russian criminal code,
as Andrey Dunayev, president of the Party of the Right Cause (fusion of the
Party of the Union of Right Forces, the Civil Power and the Democratic Party of
Russia) wants to mobilize the population and form different groups to give
their opinion on new legislation.
The Right
Cause insists that it does not wish to facilitate global access to
prostitution, but rather to protect the prostitutes from the many evils that
surround them, such as being treated like slaves, or not being medically
treated properly when one knows that STDs proliferate. Currently, in the region
of Svetlogorsk alone, 4,000 people have reported being infected with HIV/AIDS. Andrey
Dunayev claims the establishment of brothels controlled by the state would
allow prostitutes to be regularly monitored by physicians and to contribute to
their retirement.
Though Right
Cause and the United Party seem to favor legalizing prostitution in Russia, the
opinion seems to be divided in Duma, since the communist party KDRF rejects
prostitution at 70% and the Liberal Democratic Party of Russia does not even
dare to comment on the subject. The opinions are divided, within political
parties and the population, but one must act quickly as this phenomenon is
still growing and crossing all borders.
Who are they? Where do they come from? Where are they going?
Olga, Maria,
or Ivana, their stories all seem the sameonly women, since no sources mention
male prostitution. They come from provinces in Russia or eastern countries in
the hopes of finding a better life with a more comfortable financial situation.
While some girls face abduction to be recruited, the most frequent cases are
mostly false contracts that promise jobs as a dancer, housekeeper, or waitress.
Once in the trap of the traffickers, their papers are confiscated. The entry
paths into this torture are made irreversible by states of dependence and
threats to the families of the victims. This submission is further perpetuated
by debt (cost of transportation, accommodation, etc.). Most of the women are
then led to training camps, where they are tortured to destroy any bit of
resistance.
Once the young
Russian girls are ready to be sold on the prostitution market, they are sent
all around the world: in Europe, but also in Mumbai, Buenos Aires, Thailand, or
Japan. In November 2012, one network was dismantled. Presented by the police as
responsible for 70% of the trafficking of Russian girls to Spain (around 8,000
victims since 2005), 18 people (most of which were Russian) were arrested. The
operation, led conjointly with the Russian secret service (FSB), led to the
freezing of several bank accounts and seizure of property for an estimated
total of 3.5 million ($4.7 million USD).
Young Russian
girls are often led into prostitution in parts of Europe, a destination very infrequently
mentioned in the news, which without a doubt perpetuates a taboo. Israel also
seems to be a very popular destination for what one calls the trafficking of
whites. According to the Amnesty Internationals annual report of 2000,
thousands of young Russian girls are forced into being prostitutes in brothels
all over Israel. According to the weekly Rivarol (a French journal with views
of the extreme right), procurers operating in Israel collaborate with the
police, leaving the victims with very few chances of escaping. Along these
lines, a report of a commission of inquiry of the Israeli parliament on March
23rd, 2005 points out the weaknesses of the justice regarding this
subject. One learns that judges are often bribed by procurers (BBC News, March 24th, 2005).
As Europe,
Israel, and Asia greet Russian prostitutes, Russia also seems to be a welcoming
center for prostitution. Two recent cases of dismantling (in Amurks and in the
Sretensky Monastery) witnessed this terrible scourge. According to The Daily Telegraph on October 30th,
2012, the Russian police discovered a brothel steps away from a monastery and
they arrested two prostitutes. The installation of the brothel was precisely in
a hotel rented by the monastery where one could arrange one room at a time. The
suspect nature of these components did not lead the religious authorities to
admit any connection with the activities of prostitutes, although the proximity
between institutions is perplexing An article in the United Press International on January 31st, 2012
reported that two Russian procurers, residents of Amursk, were arrested as
suspected of having recruited 51 young girls with promises of jobs, such as
dancers or maids, with higher wages. They have mainly been spotted in
nightclubs in Israel, Turkey, Greece, Cyprus, South Korea and even China. These
two recent cases illustrate that Russia is still considered an area with a high
level of prostitution.
Most of the
time, young prostitutes work in strip clubs that contain multiple rooms. For
the least lucky", after talks with their procurers, customers come back
in underpasses and then bring the prostitutes into their cars. These girls all
have one thing in common: they never know who they are going with or what
happens to them...
When a network
is partially or entirely dismantled, the prostitutes, often weak, are welcomed
into rehab centers. Russia has only one center where it provides care for
victims of prostitution, and it is funded by the European Union. Unfortunately,
in addition to being overcrowded, it does not offer sufficient protection to
these young girls, who are at risk for being found by other members of the
network.
Despite prohibitionist
legislation, one estimates the number of prostitutes to be in between 150,000
(according to the Ministry of Internal Affairs) and 270,000 (according to the
Commissioner of the Council of Europe on Human Rights). Reportedly, there are
between 80,000 to 130,000 in Moscow, and between 20,000 to 30,000 in St-Petersburg.
The statistics continue to grow. This is not surprising when one considers the
level of corruption in the Russian police, who seem to turn a blind eye to procurers.
Despite the statistics, the government is not ready to change its methods for
combatting sexual exploitation. As evidence of this stubbornness, Sergei
Gerasimov, Deputy Minister of the Interior validates, "Certes, tout ne marche pas trs bien chez
nous, mais au moins, la voiture avance (certainly, not everything works
very well with us, but at least the car continues onward) (Le Figaro, March 27th, 2012).
Between 17,000
to 50,000 minors are prostitutes in Russia. This situation of child
prostitution is facilitated by the lack of legislation forbidding pornography.
According to United Nations Childrens Fund (UNICEF), the number of crimes linked
to child exploitation for pornography and sex has multiplied 10 fold in Russia
in between 2000 and 2011 (20 Minutes, August
12th, 2012). In August of 2012, the Russian Senator Lioudmila Naroussova,
announced that he is in favor of the adoption of stronger penalties for internet
hosts of pornographic sites. According to the Russian NGO ЛигаИнтернета-
Ligainterneta (League of Internet), 9,500 pornographic sites and web pages
were detected in Russia in 2011. According to the UN, pornography is defined as
"the staging of children explicitly engaged in actual or simulated sexual
activities or any representation of the sexual parts of a child for primarily
sexual purposes." Russia still has not joined the optional protocol to the
UN Convention on the Rights of the child concerning their sale, child
prostitution and child pornography, which has been dedicated to this scourge
and child prostitution since 2002.
According to
Denis Davydox, director of ЛигаИнтернета-Ligainterneta
(League of Internet), this new legislation against child pornography should
significantly reduce the number of sexual crimes against children.
Whether it is
a child or an adult, the sale of a body persists in Russia, and although the press
attempts to display a liberated prostitution, the reality is much different. In
fact, the phenomenon of this journalistic fashion that excludes the real issue
of sexual exploitation, while focusing on a desired prostitution, in reality
remains extremely rare. Certain speak of women occasionally selling their
bodies to supplement their monthly pays. They evoke a Russia that openly
acknowledges that it has more than 150,000 prostitutes, justifying this
practice by solving the economic crisis and countering the decline of morality.
Drowned by the information in a written or digital press too far from reality,
the 2013 U.S. Department of State Report on Human Trafficking reminds one that
Russia remains one of the biggest torturers in sexual exploitation.
Sources
- Israel women
trafficking soars , BBC News,
March 24th, 2005.
- La
pdopornographie prospre en Russie , 20
minutes, August 12th, 2012.
- Russian pro-business
party plans legalization of prostitution- leader , RT, November 26th, 2012.
- Two to be tried for
sex trafficking in Russia , United
Press International, January 31st, 2012.
- Amnesty
International, Annual Report 2000 –
Israel and Occupied Palestinian Territories, 2001.
- Avril P.,
La Russie confronte une violence policire endmique , Le Figaro, March 27th, 2012.
- Bukker I., New
Russianmotto : Legalize prostitution-collect taxes , Pravda, December 7th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Korolyov A.,
Russia Lawmaker Wants Pot, Prostitution Made lgal , RiaNovosti, January 19th, 2012.
- Lekarev P.,
Prostitution may be legalized in Russia , The Voice of Russia, December 5th, 2012.
- Nukari J.,
La pdopornographie prospre en Russie , Le Parisien, August 12th, 2012.
- Parfitt T.,
Moscow police discover brothel on monastery premises , The Daily Telegraph, October 30th,
2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
|
Rwanda
|
- Population: 11.3 million
- GDP per capita (in US
dollars): 620
- Republic democratic
constitution
- Human development index
(HDI): 0.434 (167th rank among 187 countries)
- Gender inequality index
(GII): 0.414 (75th rank among 147 countries)
- Member of the African
Union since 1963.
- No official national
statistics on prostitution.
- Approximately 16,000
victims of prostitution.
- The average age of
prostitutes are between 17 and 22 years old.
-Prostitution is illegal
(article 206 and the following of the Penal Code of 2012); human trafficking is
prohibited (chapter 8 of the Penal Code 2012).
- In 2012, 18 prostitutes
were the targets of serial murders in the capital, Kigali.
- Country of origin,
transit, and destination for human trafficking with the purpose of sexual
exploitation.
- Destination for Rwandan
victims: Uganda, Kenya, Zambia, China, and, more broadly, European countries.
Rwanda,
surrounded by the Democratic Republic of Congo, Uganda, Tanzania and Burundi,
is notorious for its genocide, recognized by international institutions, as the
fourth of the 20thcentury. Strained relations between the two ethnic
groups in the country, the Hutu (majority) and the Tutsi (minority), ignited
when the Hutu president, Juvenal Habyarimana, was killed during an attack on
the presidential plane April 6th, 1994 (Freedom House, 2012). From April to July 1994, between 800,000 and
1 million Tutsis were killed by Hutus. At least 250,000 Tutsi women were raped
and suffered worse atrocities. Their sexual organs were mutilated horribly and
some had their breasts cut off. In recent years, the International Criminal
Tribunal for Rwanda (ICTR), sitting in Tanzania, began to recognize another
kind of horror left in the dark: rape as a method of genocide (Courrier International/The New York Times,
November 14th, 2002).
Nearly 20
years after the genocide, Rwanda is a rebuilt country with an unstructured
population, composed of orphans and displaced people from neighboring nations.
The November
2011 United Nations Program for Development (UNDP) revealed that more than
58.5% of Rwandans live below the national poverty line, including 76.8% who
live on less than $1.25 USD per day (Jambonews,
February 20th, 2012).
The reality of
post-genocide is multiple: the return of Rwandan refugees, the generation of
children born of rape, the stigma surrounding sexual violence and sexually
transmitted infections (Courrier
International/The New York Times, November 14th, 2002).
In addition,
Rwanda is accused of supporting the rebels of the Movement of the 23rd of
March (M23) in the eastern Democratic Republic of Congo by providing them with
weapons. However, the M23, in addition to being guilty of trafficking in
persons, have children who violate women and girls (Le Potentiel, July 23rd,
2013).
In this
context, more than ever, young Rwandans are vulnerable to the scourge of sexual
exploitation. Rwanda is both a country of origin, transit and destination for
trafficking in persons for sexual exploitation.
Legal framework
Rwanda is a
signatory to many international conventions such as the Convention on the
Elimination of All Forms of Discrimination against Women, the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
and International Convention on the Rights of the Child.
At the
national level, Rwanda enacted a new Penal Code in June 2012, replacing that of
1977. In articles 363-376 it prohibits prostitution, and in article 390, it
prohibits slavery. Chapter 8 of the new Penal Code prohibits trafficking in
persons and prescribes penalties ranging from 7 to 10 years imprisonment and
fines of $7,900 to $15,900 USD for internal trafficking, and up to 15 years
imprisonment for external trafficking. Sections 206 and the following prohibit
prostitution, including incitement to prostitution.
Rwanda has
also established a legislative framework in this area. Article 28 of law
59/2008 (Law on Prevention and Punishment of Gender -Based Violence) prohibits,
but does not define sex trafficking. It prescribes penalties ranging from 15 to
20 years imprisonment (New Times,
June 26th, 2012). The Rwandan government has enacted in June 2012,
the Law Relating to the Protection and Rights of the Child, which prohibits
child trafficking, child prostitution and child slavery. The penalties range
from six months to life imprisonment. According to the 2013 U.S. Department of
State Report on Human Trafficking, child trafficking is punishable by a minimum
sentence of 5 years imprisonment, while child slavery is punishable by a
sentence of 3 years up to 12 years imprisonment. In February 2012, the Rwandan
government instituted a court to deal withonly international crimes. The court
uses foreign judges to conduct judicial proceedings and to encourage foreign
governments to extradite suspects to Rwanda.
Because of
this legal framework, prostitutes are found underground. "We do not know
how to claim our rights as are not recognized by law" (Slate Africa, September 8th,
2012). Voices rise to reform the legislative framework of prostitution. Thus, a
team of the Rwandan society Civil Society Organization (CSO) has launched a
petition to the government to consider the decriminalization of prostitution.
They do not promote prostitution but believe that its penalty is not the
alternative. Indeed, a member of the CSO, Alfodis Kagaba, considers that
criminalizing prostitution is harmful to prostitutes who work in private and
difficult to identify. In addition, Ihorere-Munyarwanda
Association (AIMR) considers the criminalization of prostitution is a form
of discrimination that is contrary to the constitution (Together Rwanda, June 25th, 2012).
Prostitution in Rwanda
There are
approximately 16,000 victims of prostitution in the country (New Times, October 22nd,
2012). These victims suffer mostly from poverty. In 2010, 80% of respondents
admitted prostitutes have entered into prostitution in order to survive. It is
clear that, for socio-cultural factors related to gender inequalities, the
first victims are women and children. According to a study from 2010, the
average age of prostitutes is between 17 and 22 years, most of them lacking
family support.
Victims of
prostitution are often discriminated against by the police and the judicial
system. While the system is supposed to break the cycle of prostitution, it has
the opposite effect in stigmatizing. Thus, prostitutes, often looking for
another way to live, cannot find another job.
Furthermore,
sexual exploitation is not just the poor. Indeed, Transparency International
Rwanda (TI-Rwanda) has warned banks that their employees can be victims of
sexual exploitation by their superiors. Francine Umurungi, head of the
Institutional Development and Advocacy TI-Rwanda, said that most women who
intended to improve their careers were victims of this form of sexual
exploitation, which is itself a form of corruption linked to gender
inequalities. According to TI-Rwanda, corruption in the form of sexual
exploitation is higher in private institutions (58.3%) than in public (51.4%) (New Times, June 20th, 2012).
Trafficking in Rwanda for the purpose of sexual exploitation
According to
the International Organization for Migration (IOM), due to the lack of
statistics and research done on human trafficking in Rwanda, it is difficult to
measure the extent of the phenomenon in the country, and it would appear it is
quite limited (Media Global News,
June 28th, 2012).
Trafficking in
Rwanda for the purpose of sexual exploitation affects countries such as Uganda,
Kenya, Zambia, China, and Europe more broadly (New Times, June 26th, 2012). The increase in cases of
trafficking of young Rwandans to neighboring countries was confirmed by the
National Police (News of Rwanda, July
10th, 2012).
In April 2012,
Theos Badege, a spokesperson of the Rwandan police, announced that two people
suspected of exploiting girls and exporting them to Asian countries, were
arrested. Their trial began in early July at the Intermediate Court of
Nyarugenge in Kigali (New Times, June
26th, 2012). Three Rwandans were found victims of sexual slavery in
China. Everything started when one of them met a man, who promised her a job in
Kigali in a bar or a shop in China (The
Rwanda Focus, April 23rd, 2012).
In August
2012, the Rwandan police detained a Ugandan suspected of having exploited the
Rwandans and Ugandans by forcing them prostitution (Uganda Radio Network, August 30th, 2012).
The same
month, the Intermediate Court of Nyarugenge in Kigali sentenced two Rwandans to
5 years imprisonment for slavery, under the provisions of Article 390 of the
Criminal Code of 1977. These men were members of a network that trafficked in
Rwanda towards China through Uganda so they could prostitute themselves under
the guise of fake jobs (U.S. Department
of State, 2013).
Prostitution and health
Although
condoms are freely accessible in the health services, it is clear that because
of the stigma surrounding victims of prostitution, access remains only in
theory for this part of the population (CNLS
Rwanda, 2010). In sum, the hidden nature of prostitutes forces them to have
unprotected sex. As a direct result, many fall victim to HIV. Thus, according
to a study published in September 2012, more than half of the prostitutes are
infected with HIV/AIDS. The rate of prevalence is highest in the capital
Kigali, where 56% of prostitutes are HIV positive while in the Eastern Province
of the country, the rate is 33% (Great
Lakes Project Suite, December 10th, 2012).
It is urgent
to address these alarming figures. Thus, on June 7th, 2012, a
meeting was held in the district of Nyamasheke to discuss health problems of
prostitutes (Rwanda Express, June 11th,
2012). On November 6th, 2012, victims of prostitution in Nyamasheke were
trained to prevent the spread of HIV/AIDS and to encourage them to do testing.
This training was given by the Rwandese Association of Local Government with
the assistance of United Nations Fund for Population Activities (UNFPA) (Ubuzi Mabwacu, November 10th,
2012).
Prostitutes, target killings
2012 news is
tragic for the Rwandan prostitutes. 18 of them have been the target of serial
killings in different parts of the capital Kigali. In this context, a special
investigation team was set up by the Rwanda National Police (RNP). Eight
suspects were arrested according to the spokesman of the RNP (The Rwanda Focus, November 19th,
2012). The concordance of evidence suggests that the killers strangled or
stabbed the victims by posing as clients (Slate
Africa, September 8th, 2012).
The most
publicized killings were, first of all, the three prostitutes killed on August
28th in broad daylight in Nyamasheke. Then the murder of Clementine
U., whose belly was scarified with the inscription "I will stop once I
have killed 400 prostitutes, marked the spirits, even if RNP is reluctant to
say that these women were killed because of their work (The Rwanda Focus, November 19th, 2012).
Aside from
these serial murders, it is clear that there is not a day without Rwandan
newspapers publishing news items across the country reporting the violence and
even murders of prostitutes. Thus, in the region of Muhanga, a number of
machete attacks took place during summer 2012. While these attacks and murders
seem to be organized and planned, the authorities and the police have not taken
any specific measures –victims of prostitution are obviously not a
priority (The Rwandan, August 30th,
2012).
The fight against sexual exploitation
Fighting
against sexual exploitation in Rwanda requires greater awareness of this
scourge of the authorities, including police officers. This awareness must
happen through training.
In 2012, 58
border police officers in Rwanda were trained by the RNP to sensitize
transnational crime, including trafficking in persons (Living in Rwanda, August 25th, 2012).
Another
training organized by the police took place in Kigali on August 22nd,
2012, over a period of four days, to combat trafficking in persons for sexual
exploitation. According to the 2013 U.S. Department of State Report on Human
Trafficking, the IOM and the United Nations Office on Drugs and Crime (UNODC)
have trained 133 police officers, immigration agents, labor inspectors, and
local officials to identify victims of trafficking for sexual exploitation.
On June 20th,
2012, Rwanda's Media High Council (RMHC) made a statement strongly encouraging
journalists to contribute to the fight against human trafficking in the
country. According to the RMHC, writing about human trafficking allows the
public to become aware of this problem and fight it. The declaration of RMHC
came two days after the agreement between IOM and UNODC to fight against
trafficking in persons for sexual exploitation, promoting the exchange of
information and increasing joint actions.
Sources
-
Rwanda – Les prostitues cibles de meurtres en srie , Slate Afrique, September 8th,
2012.
- Rwanda -
Nyamasheke: commercial sew workers take voluntary HIV/AIDS tests , UbuziMabwacu, November 10th,
2012.
- Rwanda: civil
society want prostitution decriminalized , Together Rwanda, June 25th, 2012.
- Rwanda: New bid to tackle
human trafficking , New Times,
April 24th, 2012.
- Rwanda: Police warns of
human trafficking , News of Rwanda,
July 10th, 2012.
- Rwanda:
Prostitutes asked to stop spreading Aids , Rwanda Express, June 11th, 2012.
- Agutamba K., Sex
trade: China tightens visa rules , The
Rwanda Focus, April 23rd, 2012.
- CNLS Rwanda, National Accelerated Plan for Women, Girls,
Gender Equality & HIV 2010 – 2014, 2010.
- CRIDES/Fondation Scelles, Revue
de lactualit internationale de la prostitution, 2012.
- Cyiza C., 45% ou 58,5% de la population rwandaise vivant sous le
seuil de pauvret ? , Jambonews,
February 20th, 2012.
-
Freedom House, Freedom in the World Report: Rwanda, 2012.
- Kaneza
F., Rwanda : les prostitues dcimes par le sida , Sifia Grands Lacs, December10th,
2012.
- Karuhanga J., MPs
call for protection of sex workers , New
Times, October 22nd, 2012.
- Kushaba A.,
Ugandan National Held in Rwanda for Alleged Human Trafficking , Uganda Radio Network, August 30th,
2012.
-
Landesman P., Le viol comme mthode de gnocide au Rwanda , Courrier International/Yhe New York Times,
November 14th, 2002.
- Matabaro M.,
Rwanda: Untold Stories: Prostitutes Massacres , The Rwandan, August 30th,
2012.
- Matshi, Nord-Kivu : HRW accuse les rebelles du M23 de tuer
des civils et commettre des viols , Le Potentiel, July 23rd,
2013.
- Nsanzimana J.-C.,
Mystery still surrounds prostitutes murders , The Rwanda Focus, November 19th2012.
- Nziza A., Rwanda: Rwanda
opens police training , Living in
Rwanda, August 25th, 2012.
- Rwembeho S.,
Employers warned against sexual exploitation , New Times, June 20th, 2012.
- Schwarz S.,
Rwanda asks journalists to help to fight human trafficking , Media Global News, June 28th,
2012.
- Tasamba J., Human
trafficking rampant , New Times,
June 26th, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- Human Rights Library,
University of Minnesota : http://www1.umn.edu/humanrts/Findex.html
|
Saudi Arabia
|
-
Population: 28.7 million
- GDP per capita (in US dollars): 20,778 (2011)
- Authoritarian
Monarchy
- Human development index
(HDI): 0.782 (57th rank among 187 countries)
-
Gender inequality index (GII): 0.682 (144th rank among 147
countries)
- No official national statistics on prostitution.
- Prohibitionist regime: prostitution is prohibited, same as
adultery. The penalties for prostitutes, clients and procurers can go up to the
death sentence.
- An anti-trafficking law of 2009 defines human trafficking,
prohibits said trafficking and repression.
- Different forms of prostitution: the practice of temporary
marriages in exchange of a compensation and sexual exploitation of migrants.
Few Saudi women are prostituted.
- Country of destination for human trafficking, especially
with the purpose of sexual exploitation.
- In 2012, there was a dismantling of prostitution networks
exploiting young girls of Asian or Indian origins.
The Kingdom of
Saudi Arabia is an absolute monarchy run by the Al Saudi family; their wealth
comes from the production of oil, which is sold on the international market.
The political and legal regime is founded on the Islamic law called the Sharia.
The appearance of the Wahhabite movement, which was influenced by Salafism[89]
in the 18th century, is the origin of the religious strictness found
throughout the kingdom. Since all sexual relations outside of marriage are
strictly forbidden- offenders risking corporal punishments or even the death
penalty- Saudi Arabia has adopted prohibitionism. Prostitution in Saudi Arabia
is totally forbidden, as comparable with adultery. It is very seriously
suppressed; prostitutes as well as clients and procurers are equally
prosecuted.
The well-concealed prostitution phenomenon
Although
prostitution is forbidden, the phenomenon has developed, mainly in terms of
sexual exploitation concerning foreign workers. The 2012 U.S. Department of
State Report on Human Trafficking states that Saudi Arabia is a destination
country for human trade fueling forced work and, to a lesser extent, the sexual
exploitation of migrants. The prostitution phenomenon is so well concealed that
it is very hard to dismantle the exploitation rings, which often operate in
extremely discreet places or are likely to implicate some of the royal familys
relations. Wikileaks has recently revealed that a member of the royal family is
said to have celebrated Halloween with guests consuming large quantities of
alcohol and drugs. For that matter, paid sexual relationships most often occur
in that kind of celebration according to several civil servants of the American
Consulate in Jeddah. The guests are not even questioned; they are protected by
the king who keeps the vice- squad, called the muttawa, away from these
places. These secret parties, only reserved to well-off people, clash with the
conservatism and the extreme strictness which rule over the country.
Prostitution
in Saudi Arabia is operated primarily through temporary marriages in exchange
for money and the sexual exploitation of migrants who seek a lucrative
activity. In 2012, several cases were publicized by the press; they mentioned prostitution
rings that exploited young women of Asian or Indian origin. However the
Committee for the Promotion of Virtue and the Prevention of Vice is highly
present through the work of the religious police. Cases of prostitution are
often reported to this committee. Offenders receive severe sentences as,
according to the Islamic law, prostitution is a form of adultery; the penalty
varies depending on the existing links. If they are married, they incur stoning
until death, if they are not, they are whipped.
Migration results in the sexual exploitation of women
The population
who is the most vulnerable to prostitution is migrants. The number of foreign
workers is 9 million; they are all dependent on the patronage system or on
sponsoring, as it is the case in all the neighboring countries which recruit
foreign workers. Without the Iqama or work permit, nobody is allowed to work
on Saudi soil, nor in any other country in the region. Foreign workers are the
most threatened by sexual exploitation. According to the 2012 U.S. Department
of State Report on Human Trafficking, many women coming from Asia and Africa
are forced to become prostitutes. It should be noted that the operating system
is much the same in almost all the Middle-East countries or, a fortiori, in the countries whose
economy depends on foreign workforce. Most of the time, women come willingly to
Saudi Arabia to work as servants or unskilled workers.
An article in Emirates 24/7 dated January 24th
2012 reports that the Saudi vice-squad arrested a Filipino citizen for running
a prostitution ring. Surveillance operations had been conducted by the muttawa and discovered that several
persons of Filipino and Indonesian
origins visited him regularly at night.
These foreign
female workers are abducted and forced to become prostitutes once they have
fled from their employer. They have to work under the harshest conditions. They
are enslaved by their sponsor who is so bold as to confiscate their passport
and inflict various sexual abuses on them. This migration system that operates
through patronage concerns the great majority of migrant workers in Saudi
Arabia; these people are at the mercy of their employee or patron, who keeps
their passport and deals with the required procedures concerning the work permit.
They are consequently easy prey for the procurers who host them and urge them
to flee from their former employers so that they join them.
Very few Saudi
women are prostitutes. Most prostitutes of foreign origin come to work in Saudi
Arabia to support financially the members of their families who have stayed in
their native country. Some cases of human trafficking with purposes of sexual
exploitation are said to have been operated by several men who are close to the
royal power or are VIP. For example, the vice-squad dismantled a prostitution
ring and arrested 10 women of Asian origin who were prostitutes in an apartment
in Jeddah (Bikyamasr, January 23rd
2012). This network is said to be run by a member of the royal family. No man
was found in the apartment, but 10 women were there and are punishable by a
death sentence for prostitution. A woman who prostitutes herself is not
considered to be a victim in the Saudi legislation but to be a criminal, like
the client and the procurer.
The Ethiopian Review dated March 29th
2012 quotes an example which is more symbolic of the trade and the links
maintained by people close to the authorities: one of the kings relatives
named Mohamed Al Amoudi had planned to bring 45,000 Ethiopian women from Amhara
and Oromo into the Saudi kingdom. These women were to serve the rich Saudi
families and to fuel a prostitution ring.
The exploitation of begging leads to child prostitution
Some criminal
networks have become specialists of begging in the last few years. Lots of
young children are kidnapped in their origin country and forced to beg in the
kingdoms streets. According to the 2012 U.S. Department of State Report on
Human Trafficking, a 2011 study showed that the majority of beggars in Saudi
Arabia were Yemeni aged between 16 and 25.
Religious
background has a decisive importance in child trafficking. Islam encourages
families to take their children[90] with them on pilgrimages such as the Haj and the Umra. These periods of time are perfect opportunities for
recruiting children into begging channels. Traffickers resort to methods as
various as kidnapping, coercion, sale and purchase of children. Another
explanation for the increasing number of young beggars lies in the lack of legal
status for foreign workers children. As these workers cannot take their
children to Saudi Arabia, they have them enter the country illegally. Procurers
take advantage of these childrens vulnerable situation to exploit them.
The exploitation
of begging may, in some cases, lead to prostitution. A UNICEF consultant
reports that foreign traffickers develop operations in Jeddah so as to
facilitate child prostitution. Begging often covers up the street prostitution
of minors. A certain number of young foreign teenagers have been seen in the
streets or on the roads: they use begging as a pretext for being prostitutes
for the sake of their family or of their procurer. Begging is an activity which is half way between legality and illegality;
it covers up appropriately other illegal activities including the prostitution
of minors.
The connection
between these two activities can be easily understood since it is well known
that trafficker-operated exploitation preys on vulnerability. The arrival in a
foreign country, violence and other methods used by these criminal groups to
achieve their aim are some of the many factors which result in making the
trafficked person vulnerable. Procurers and other traffickers take advantage of
this vulnerability made possible by the absence of a legal mechanism ensuring
the protection of victims.
The client and his relations with women in the Saudi society
Lots of Saudi
men travel to countries which are acknowledged prostitution hubs. It is
necessary to consider the relations with women within the Saudi society if one
wants to understand the strong demand from Saudi clients. In Salafist
communities, particularly when they are under the Wahhabite influence, women
have no status. They are kept apart from men and enjoy no rights comparable
with mens. They remain under a mans guardianship in their lifetime, whether
he is their father, their husband, their brother or even their uncle. They
cannot decide their own destiny, which is reminiscent of the potestas (power) of the Pater Familias (head of the family) in
Roman antiquity and the cum manu[91] marriage when the girl passed from her
fathers power to her husbands. Nowadays this ancestral practice is still in
force in the Saudi kingdom.
Sexual
relations outside of marriage are strictly forbidden and severely punished up
to the death sentence. Women are considered an object of desire and a provocation
to be concealed from mens sight so that it does not arouse loose and lewd
manners among the society. Any woman who does not comply with the norms set by
the Islamic Saudi community may be labeled as prostitute. It was the case for
the female judoka, Wujdan Shahrkhani who was called prostitute by a religious
academic of the kingdom because she had taken part in the 2012 London Olympic
Games. According to the religious authorities of the country, she had brought
disgrace on herself for fighting in front of men. According to a report by a
famous religious academic, Kamal Subhi, to
grant women with the right to drive would entail moral decay in Saudi Arabia,
the loss of female virginity and increasing homosexuality, pornography and
prostitution (All Voices, August 15th 2012). This is a
widespread mentality in Saudi Arabia, which accounts for the behavior of Saudi
clients, seeking sexual pleasures.
The explosion
of sex tourism in the neighboring regions originates in men from the Gulf
States who support this sexual exploitation by increasing the demand. This growing
sex industry is quite relevant in view of the banning of prostitution in the
Saudi Arabian kingdom and the penalties incurred by offenders. The clients
visit the countries where they run fewer risks and where they benefit from the
best advantages in terms of prostitution.
Another aspect
of Saudis sex tourism, and not the least important one, is a form of disguised
prostitution- becoming more and more used- through temporary marriages. Saudi
men travel to neighboring countries including Syria, Iraq or Egypt to get
married with underage girls for a certain lapse of time. This type of marriage
is quite common and is not meant to give girls any rights. Under the cover of
this marriage, they are sexually exploited in exchange for a payment set from
the beginning and allotted to their family.
Anti- human trade legislation insufficient in terms of
victims identification
In 2009, the
Saudi Council of Ministers passed a new anti-trade law which is stricter on
many points. Trafficking is more precisely defined and is banned under all its
forms; penalties reach a 5-year imprisonment and a $267,000 USD fine (206,668 ).
Penalties are even heavier if the victim is a woman, or a minor or
requiring special cares in case the offender has authority over the victim.
Text of the 2009 Saudi law on human trafficking Human trafficking is defined as
coercion of a person, threat, deception, deceit or abduction, misuse of
position, influence or authority against a person, taking advantage of their
weakness, or giving or receiving money or enticements to gain the approval a
person for sexual acts, work, coercive service, begging, slavery, practices
similar to slavery, organ removal or performance of medical tests on a person. Thomson
Reuters Foundation for the Trust Women Conference, Overview of trafficking and prostitution laws in the Middle East and
Africa, novembre 2012. |
The promulgated law has the merit of criminalizing human trade.
Nevertheless it could be clearer and more consistent. It is a pity that the
definition does not include the regular practice of confiscating passports and exit
visas. It would also be appropriate to consider if the law is actually
efficient, particularly in regard to legal proceedings against trade and procuring
networks. According to the 2012 U.S. Department of State Report on Human
Trafficking, only 11 condemnations were pronounced for cases of human trade, in
view of the 2009 law. The offence is not characterized: nobody can tell if it
is a case of human trafficking with purposes of sexual exploitation, or of
forced labor, modern slavery or even organ trafficking. According to the 2013 U.S.
Department of State Report on Human Trafficking, two cases of human trade with
sexual purposes ended up in condemnations, only inflicting a one year
imprisonment sentence on the traffickers.
Further
initiatives are required in terms of the identification of the trade and procuring
victims. There are no devices to ensure the reception of the women and children
who are victims of sexual abuse and exploitation. The prostitutes are
considered by the Saudi society as criminals to be harshly prosecuted and
punished and not as victims to protect and reintegrate. It would be appropriate
to have more official statistics on trade victims and on womens and childrens
sexual exploitation. In 2012, INTERPOL organized a workshop on human
trafficking in Tunisia, in cooperation with the Nayef Arabian University for
Security Sciences in Riyad. This workshop focused on the best practices in
regard to the identification of trade victims so as to reinforce the regional
actions in Arabic countries.
In conclusion,
in order to comply with the demand of suppression of human trafficking and
prostitution, Saudi Arabia should alter its anti-trade law so that it is
clearer and more easily understood. Above all, it is of the upmost importance
to stop penalizing prostitutes as deviant persons and to start protecting them
as victims, who they genuinely are. Last of all, it is necessary to prosecute
more efficiently the heads of networks responsible for human trafficking and
sexual exploitation.
Sources
- Arabie
Saoudite: Des mauritaniennes de 5 12 ans sexuellement asservies ,
Al Akhbar, October 18th,
2011.
- Filipino-run vice busted in Saudi , Emirates 24/7, January 24th, 2012.
- Maid
prostitutes ring busted in Saudi Arabia , Emirates 24/7, August 18th, 2010.
- Sarah,
14 ans aurait t enleve en vue dՐtre vendue pour une maison close saoudienne
, Oumma, September 29th,
2010.
- Saudi Arabia Announces
Increased Penalties for Human Traffickers , Royal Embassy of Saudi Arabia, Public Affairs, Washington DC, July
14th, 2009.
- Saudi woman arrested for procurering ,
Emirates 24/7, September 27th,
2010.
- Traite
des tres humains : 4 pays du Golfe sur la liste noire , LEconomiste, June 5th, 2008.
- Un atelier Interpol sur le trafic dՐtres humains vise renforcer les
actions rgionales dans les pays arabes ,
Interpol, May 21st, 2012.
- Un lien
entre prostitution et droit de conduire pour les femmes , Agence QMI, December 2nd,
2011.
- Un
rseau de prostitution avec des htesses de lair dmantel Djeddah ,
Air journal, April 12th,
2011.
- Wikileaks dans lintimit des princes saoudiens : drogue, alcool, sexe , Seneweb
News, December 9th, 2010.
- WikiLeaks
dcrit des ftes avec alcool, drogue et prostitues en Arabie saoudite ,
La Dpche, December 8th,
2010.
- CIF International Association, Legalized prostitution in Saudi
Arabia , 2012.
- Coalition Against Trafficking in Women-Asia Pacific (CATW-AP), The
Human Trafficking Project: Filipinas trafficked as sex slaves for Saudi
Arabian prince, November 6th, 2007.
- CRIDES/Fondation
Scelles, Revue de lactualit
internationale de la prostitution, 2012.
- Ghanem S., Saudi
morality police bust vice ring, hold 10 women on prostitution , Bikyamasr, January 23rd,
2012.
- Khalil Ushari A. M., Trafficking in children and child
involvement in beggary in Saudi Arabia, UNICEF Gulf Area Office, 2006.
- Kifle E., Al Amoudis human trafficker in Ethiopia
identified , Ethiopian
Review, March 29th, 2012.
- Manual S.,
Lifting ban on women driving to increase prostitution, pornography in
Saudi Arabia , All Voices,
August 15th, 2012.
- Mattar M.Y., Trafficking in
Persons, Especially Women and Children, in Countries of the Middle East: The
Scope of the Problem and the Appropriate Legislative Responses , Fordham International Law Journal, Vol
26, Issue 3, article 7, 2002.
- Protection Project (The),
A Human Rights Report on Trafficking in Persons, Especially Women and Children:
Saudi
Arabia ,
March 2002.
- Thomson Reuters Foundation for the Trust Women Conference, Overview of trafficking and prostitution
laws in the Middle East and Africa, November 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
|
Serbia
|
- Population: 9.8 million
- GDP per capita (in US
dollars): 5,190
- Parliamentary regime
- Human development index
(HDI): 0.769 (64th rank among 187 countries)
- Gender inequality index
(GII): NA
- Candidate for the
European Union.
- No official national
statistics on prostitution.
- Prohibitionist regime.
The Serbian law on order and public peace prohibits prostitution, which is
contrary to human dignity and to the public moral.
- Country of origin,
transit, and destination for victims of sexual human trafficking.
-Serbian victims are
exploited in the north of Italy, in Germany, in Montenegro, in
Bosnia-Herzegovina, in Austria, and in Sweden.
- Foreign victims come
mainly from Montenegro, Bosnia-Herzegovina, Bulgaria, Romania, and Moldavia.
During
the military occupation of the international forces in Kosovo between 1999 and
2005, cases of prostitution and trafficking in women and children increased
considerably. According to Amnesty International, during this period, 20% of
clients of prostitution in Kosovo were NATO soldiers and officers from the
United Nations Mission. They were the source of 70% of revenues in the sex
industry. Kosovo was then a Serbian province that declared independence in
2008, but is now recognized as a state by a part of the international
community.
In
these ancient Serbian provinces, the sex trade is well developed and has been
maintained for many years by international forces that are there to restore
peace and to help rebuild the country. The stationing of armed troops amplified
the infrastructure related to prostitution, human trafficking, and local
clientele.
In
1999, in northern Bosnia and Herzegovina, women and girls were sold as slaves
by the representatives of the military authorities led by the U.S. authorities
and international institutions. Indeed, it was the young women were dancing on
bar tables, who were then auctioned, after buyers inspected their bodies. A
minor rescued by the International Organization for Migration, (IOM) aged 14
years was sold 22 times in this manner (Le
Devoir, May 26th, 2004).
In
2003, the IOM estimated that 250,000 women and children were victims of human
trafficking in Serbia and other Balkan countries. A large number of these
victims were found at the disposition of soldiers, police, and members of
NGOs in Bosnia and in Kosovo. UN reports, published only in Bosnia, demonstrate
the implication that the local police, the soldiers of OTAN, and the
International Police Task Force are involved in a number of affairs of
trafficking and procuring. The protection of this type exploits money made from
bribes, kickbacks, or free passes.
In
Kosovo, the international forces for peacekeeping and police officers,
allegedly involved in the trafficking of women and children, have not been
prosecuted or investigated. The leaders of the international organizations in
question were amenable to enacting a code of conduct and distributing condoms
to their troops.
According
to the sociologist Richard Poulin, "Western powers have governed
protectorates of the region as the former colonial masters ran their empires(...)
Kosovo became a hub of human trafficking(...). The international community
has, during this period, been complicit in the considerable growth of
trafficking and prostitution (Le Devoir,
May 26th, 2004).
The absence of an arsenal of effective legislation for the
repression of sexual human trafficking of children
It
was not until 2010 that Serbia ratified the Convention of the Council of Europe
on the protection of children against sexual exploitation and abuse, which was
created in 2007.
The
international NGO ECPAT noted that it would be wise to provide a clear
definition of child pornography in the current national legislation in order to
be in conformity with this Convention. Indeed, Article 185 of the Serbian
Criminal Code, which deals with child pornography, has been amended for the
last time in 2009 so that the legislative framework is harmonized with
international standards. This article stipulates that anyone who uses a minor
to take photographs, audio-visual, or any other objects of pornographic content
to produce pornographic film materials, faces up to eight years in prison. The
sale, distribution, public exhibition, obtaining, and possession of
pornographic materials depicting a minor is prohibited and criminally
repressible. The fact that possession of pornographic material depicting a
minor is prohibited by the Serbian legislation is consistent with international
standards. However, the law does not include the offense under the 2007
Convention relating to knowingly accessing child pornography through the
technologies of communication and information. This lack is critical to a child
sexual abuse growing demand, in real time, through the use of technologies.
The
Committee of Childrens Rights (CRC) recommended that Serbia combats child
pornography on the internet, by informing the children and their parents, in
collaboration with the media, of the dangers of the internet, and to adopt a
specific legislation on the obligation of providers to prevent the
dissemination and access to child pornography on the internet (CRIN, 2012).
The
trafficking of children for sexual exploitation, in Serbia or in foreign places
with Serbian children, is one of the major manifestations of the commercial
exploitation of children in the country.
The
Penal Code does not contain a specific article forbidding human trafficking of
children in the country, but a general disposition against human trafficking,
explicitly including children. According to article 388 of the Penal Code, the
recruitment, the transport, the transferring, the sale, the purchase, playing
an intermediary role in the sale, concealment or participation of a person in
an exploitative purpose, including prostitution and pornography, is an offense
of trafficking in children, regardless of the means used. The age of victims is
considered an aggravating factor. If the victim is a minor, the client can
suffer a punishment of 5 to 12 years in prison.
CRC
has repeatedly expressed its concern that trafficking victims for sexual
purposes in Serbia are often treated as criminals and prosecuted for the crime
of prostitution, rather than as victims.
In
March 2012, the Minister of Justice adopted a protocol on the trafficking of
victims, trying to find a way to better the situation. The protocol also tries
to protect victims during the judicial process. Article 180 of the Criminal
Code prohibits sexual intercourse or touching of children and provides a
penalty of 3 to 12 years of imprisonment. However child prostitution or the use
of children for sexual activities with financial compensation or other
consideration is not explicitly prohibited.
The
lack of definition and prohibition of child prostitution leaves children
unprotected. A precise definition should be rapidly introduced into national
legislation.
Procuring
or soliciting a minor to have sexual intercourse or any other sexual act is
also prohibited and punishable by up to 8 years of imprisonment.
The
Serbian government has not identified sex tourism involving children as a
problem. There is no information available regarding the importance of sex
tourism in Serbia. Given the extent of sexual exploitation of children for
commercial purposes, it is striking that the problem was not elevated to a
political level.
The
National Action Plan for the prevention and protection of children against
violence (2010-2015) does not include all forms of sexual exploitation of
children for commercial purposes. ECPAT urges the Serbian government to develop
a national plan devoted specifically to the sexual exploitation of children.
There
is no comprehensive data available on the sexual exploitation of children in
Serbia, or any central agency to monitor investigations and prosecutions
carried out against the sexual exploitation of children.
In
addition, research conducted in the field of sexual exploitation of children
for commercial purposes is very limited, which makes an estimate of the
magnitude of the problem difficult. Support services support trafficking victims,
but they are not specifically trained to accommodate minor victims. There is
almost no program for the reintegration and rehabilitation for these young
victims.
NGOs
provide specialized rehabilitation services to trafficking victims with very
limited funds from the government.
To
avoid the stigma and trauma of child victims of sexual exploitation, support
services and adequate assistance need to be further developed (ECPAT, 2013).
Transsexual and transvestite prostitutes: victims of
relentless police violence
Serbian
women have become victims of trafficking in prostitution for purposes that are
not recognized as victims of trafficking and, instead, authorities continue to
see the purposes as prostitution and therefore find the victims guilty of an
offense against the public order and peace.
Paragraph
14 of the Serbian Law on Public Order and Peace (Zakon o javnomredu i
miru)
prohibits prostitution which is contrary to human dignity and public morality.
A
person in prostitution or person facilitating prostitution by providing
premises to house such activities shall be sentenced to 30 days in jail at
most. In the event that someone leases space to a minor, he/she incurs a
penalty of 60 days imprisonment.
If
a foreign woman is caught as a prostitute in Serbia, the Misdemeanors Act
provides that this woman is deported off of Serbian territory.
Two
Serbian transsexual prostitutes have created a piece of theater titled
"Behind the Mirror. In the piece, they recount their lives in the streets
of Belgrade. Unable to stand the beatings and rape inflicted by the police, as
well as the continuous harassment and isolation from the rest of the Serbian
society, they decided to tell their story on stage. Revealing a part of life in
Belgrade that is usually left in silence, the protagonist recounts his chance encounters
with the police. He explains how transsexual prostitutes are regularly beaten,
humiliated, and threatened with arrest or fines if they refuse to have sex with
the police. For the latter, sexual blackmail is seen as a form of moral
punishment inflicted on transgenders (B
Turn, June 11th, 2012).
A
recent joint study by the University of London and the University of Belgrade
entitled "Police violence and sexual risk among female and transvestite
sex workers in Serbia: qualitative study" describes the sexual abuse
perpetrated by the police against this population. The police operate with
complete impunity. In this study, transvestite prostitutes explain that
"the police want sex more than anyone," in exchange for their
freedom. They do not pay and they refuse to stop beating –they beat the
victims violently.
Serbia
is a country known for its intolerance towards sexual minorities in which the offenders
are blessed by Orthodox priests in their action of killing homosexuals and
their friends as they parade through the streets. The warm welcome and ovation
reserved for "Behind the Mirror" may be a sign of awareness on the
part of a section of Serbian society.
The limited Serbian government efforts to fight against human
trafficking
Serbia
is a country of origin, transit and destination for men, women and children
victims of sex trafficking. Women victims from Serbia are controlled by Serbian
criminal groups, particularly in the north of Italy, Germany, Montenegro,
Bosnia and Herzegovina, Austria, and Sweden. Foreign victims of trafficking
identified in Serbia in recent years come mainly from Montenegro, Bosnia and
Herzegovina, Bulgaria, Romania, and Moldova.
The
authorities have increased the funds dedicated to identify and protect victims.
They also improved specialized care for child victims of sexual exploitation by
forming adoptive families in collaboration with NGOs. However, these government
funds are insufficient to cover the cost of rehabilitation of victims. NGOs
rely heavily on donors to successfully provide legal assistance and
rehabilitation services to victims of trafficking.
While
the courts are taking steps to reduce the length of trials, the problem of the
protection of victims remains. Indeed, according to the 2013 U.S. Department of
State Report on Human Trafficking, victims do not benefit from protection; they
are frequently the objects of harassment and intimidation.
The
National Action Plan for Countering Trafficking in Human Beings is a very
important document that puts in place mechanisms and specific actions to fight
against human trafficking, in terms of the repression, protection, and
prevention. The plan contains, by example, measures against the corruption
which is an enormous obstacle in the fight against human trafficking, the betterment
and development of mechanisms to protect judges and magistrates against
political pressures; the installation of adequate protection of victims before
trial, a safer deposit of their testimony, or the education of school children
and more vulnerable groups of children at risk of trafficking (Law and Politics, 2012).
The
trafficking of people is equally linked to organize crime. Article 388 of the Penal
Code defines and forbids human trafficking. It is about, concerning sexual
exploitation, the fact of hiding or holding a person for the purpose of
prostitution, or the use of sexual or pornographic purposes. The prescribed
penalty is 2 to 10 years imprisonment.
When
the crime is committed against a minor, the perpetrator shall be sentenced to
the penalty even if he did not use force or threats. If a means of coercion
(force, threats or other) was used, the perpetrator shall be punished by a
minimum sentence of three years in prison.
If
the trafficking is committed by an organized criminal group, the punishment is
imprisonment for a minimum 10 years (Law
and Politics, 2012).
Section
390 prohibits "slavery or similar relationship to slavery" and
imposes a penalty ranging from 1 to 10 years imprisonment.
In
2012, the government conducted 45 court cases to visa section 388 compared to
36 in 2011. The courts sentenced 47 people convicted of human trafficking on
the basis of Article 388, which is the same number as in 2011. Of these 47
people, only one is of Serbian nationality. All punishments were sentences of
imprisonment, except one punishment with suspension.
The
Ministry of Interior has brought charges against 42 traffickers for sex
trafficking.
The
government has made no investigation or prosecution against officials for
alleged complicity in an offense related to trafficking in human beings for the
year 2012. It has provided assistance and protection to victims, but punished
some for prostitution when it was a consequence of sustained traffic. The
government identified 79 trafficking victims in 2012 against 88 in 2011. Of the
79 victims, 42 were prey to sex trafficking. The government has increased the
amount of funds dedicated to the fight against trafficking $54,700 USD in 2011 to
$81,400 USD in 2012.
Victims
of trafficking are eligible for temporary residence permit (from 3 to 6 months,
renewable up to a year) regardless of cooperation with law enforcement. In
2012, one victim of trafficking received a temporary residence permit.
NGOs
noted that the length of trials has decreased, but the courts fail to implement
tools, such as evidence by video or written statements, in order to reduce the
risk of harassment or violence against the victims.
The
government worked with NGOs to prepare foster families to meet the specific
needs of child victims of trafficking and raise awareness of the impact of
trauma on the development of these children.
The
principal state counsel signed a "Memorandum of Understanding" with
the NGOs fighting against the traffic in order to improve the quality of
services for trafficking victims and improve operational procedures to combat
human trafficking.
The
authorities continue to develop means of prevention against human trafficking,
through public service campaigns and billboards in public transport, to educate
young people about the risks of this type of traffic. They also sponsored a
poster competition, with international support, to raise awareness of the wider
problem that remains taboo in Serbian society (U.S. Department of State, 2013). It remains to be seen whether the
legislature will amend the laws relating to trafficking and prostitution in
order to make them more effective in the struggle against the exploitation of
human beings, especially children.
Sources
- Child Rights International
Network (CRIN), Serbia: Children's Rights
References in the Universal Periodic Review (Second Cycle),
December 19th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- ECPAT international, Universal
Periodic Review - Republic of Serbia, 15th UPR Session, 2013.
-
Kostić M., Mihajlović A., Counteracting and preventing human
trafficking in the Republic of Serbia , FactaUniversitatis – Law and Politics, Vol. 10, n.2, 2012.
- Lynch L., Behind
the mirror: the invisible lives of Serbian transvestite sex workers , B Turn,
June 11th, 2012.
- Poulin R., Occupations militaires
Kosovo - La prostitution rige en systme , Le Devoir, May 26th, 2004.
- Rhodes T., Simic M.,
Baros S., Platt L., Zikic B., Police violence and sexual risk among
female and transvestite sex workers in Serbia: qualitative study , BMJ, 2008.
- U.S. Department of State, Trafficking in Persons Report, June 2013.
|
South
Africa
|
- Population: 50;7 million
- GPA per capita (in US
dollars): 7,508
- Parliamentary regime
- Human development index
(HDI): 0.629 (121st rank among 187 countries)
- Gender inequality index
(GII): 0.462 (89th rank among 147 countries)
- Member of the African
Union since 1994.
- No official national
statistics on prostitution.
- The statistic of 100,000
prostitutes was mentioned multiple times in press articles.
- According to the latest
evidence of association leaders, there are 20,000 child prostitutes.
- In Cape Town, the police
released a database citing close to 1,300 prostitutes.
- Major destination for
sex tourism.
- According to the
countrys Sexual Offenses Act,
prostitution is illegal. Procuring is repressed and owning a brothel is
prohibited.
-There are many
establishments of prostitutions in the big urban city centers (Pretoria,
Johannesburg, Cape Town, Durban).
- New legislation to fight
against the trafficking: Prevention and
Combating of Trafficking in Persons Bill (2010) is still being discussed.
- Country of destination
for victims of human trafficking in southern Africa.
- Victims are mostly South
African or from other neighboring African countries (primarily Zimbabwe),
Southeastern Asia (China and Thailand), and Eastern Europe (Ukraine, Bulgaria,
and Russia).
The Bill of
2010, Prevention and Combating Trafficking
in Persons Bill, which would allow the South African authorities to have a
specific text in the fight against trafficking, to punish traffickers, and to
more heavily to protect victims is still waiting a presidential signing as of
late 2012. This legal standstill, which discourages police officers and judges,
does not facilitate investigations against suspected traffickers. Far from
slowing down, sexual trafficking and prostitution continue to draw in many
nationalities in both victims and drug traffickers. NGOs are ringing the sirens
on prostitution, as there are more and more child victims, which reaches
heights of critics in a country, where a customer orders a boy or girl with a
simple phone call. If overwhelmed police multiply raids against brothels already
banned, they are closing their eyes to a large part of the trade and the
majority of brothels continue to operate without punishment. No major network
has been dismantled during the year of 2012. But what occupies a large part of
the media is the debate surrounding the decriminalization of prostitution
supported by a large portion of the public opinion, and the prostitutes who are
exhausted from police arrests that are then repeated by the African National Congress (ANC), South
Africas leading political party. Texts, studies, and declarations are all
putting pressure on the South African Law
Reform Commission, the sector charged with proposing a vast legislative
reform (bill 107) redefining prostitution and sexual crimes. Contrarily, many
movements and associations (often Christian) are fiercely against the idea of
any form of decriminalization as it would not diminish the trafficking, nor
would it help the exploited people.
Trafficking and prostitution, a cruel reality
The sex
industry in South Africa represents a market that profits close to 1 billion
annually ($1.3 billion USD) (The Daily
Voice, January 21st, 2012). Networks, gangs and other organized
crime syndicates dedicate themselves completely to their work. Rarely worried,
the traffickers are specialized and share the territories by sectors and by
nationalities of the victims. The Nigerians operate gangs and mainly organize
the trafficking of adult Africans and the prostitution of children. The
Russians and the Bulgarians control Cape Town. The Chinese control the Asian
market. The Zimbabweans prostitute girls of their nationality that have just
crossed the border. South Africans are left without brothels. All these
traffickers are also involved in the export of victims to Europe and the Middle
East.
At the other
end of this sordid commerce, the victims pay a harsh price. It is frightening
to see the list of all the countries of origin cited in the 2013 U.S. Department
of State Report on Human Trafficking: China, Taiwan, Thailand, Cambodia, India,
Russia, Ukraine, Moldova, Bulgaria, Democratic Republic of Congo, Rwanda,
Mozambique, Lesotho, Swaziland, and Zimbabwe. Many local representative NGOs
agree on the fact that it is nearly impossible to measure the magnitude of this
phenomenon, as every indictor shows that number of victims is growing. For
Barbara Ras, founder of the movement Atlantis
Women, les trafiquants ciblent
les femmes des zones rurales, les font venir avec de fausses offres d'emploi
() elles sont drogues, leur insu, les vtements et chaussures confisques...
(traffickers
target women in rural zones, who they lured with fake job offers they are
drugged and their clothing and shoes are taken). Held against their will,
they only leave for meetings with their clients. Traffickers supply brothel
owners. Victims are sold from one hand to the next, transferred from
establishment to establishment so they do not attach themselves to place or
acquire hideout dens. Physical and psychological evidence is frequently used by
traffickers to constantly make the victims feel insecure. Because prostitution
is illegal in South Africa, very few women come forward to testify their
hellish stories, because the first reflex of the police is to arrest them. Even
with the statute of protection of witnesses from which they can benefit, few
victims go to the authorities: de nombreux cas n'aboutissent pas, faute de
preuves, d'enqutes, de coopration des victimes, de lenteur du processus (many cases do not carry through because of foul evidence,
investigations, cooperation of victims, and the long length of the entire
process) recalls the association MoloSangololo.
Durban, Cape Town, Johannesbourg, all cities are affected more and more, drug
consumption facilities are in the same building as prostitution rooms, and
young girls are forced into serving as mules[92]
for the traffickers. Often young girls are sold by their families into the
network for the equivalent of several months salary.
Not
forgetting, there are also South African victims who are exploited abroad. For
proof, if any were needed, diplomatic tensions long led the Nigerian government
to expel South Africans; last March, 67 South African prostitutes were forced
to leave (Nigeria Films, March 8th,
2012). In February, the moving story of a South African woman, who was deceived
by a job as a dancer and forced into prostitution in Turkey before being
rescued and repatriated eventually, was picked up by several media outlets.
Children at the simple dial of a telephone?
In Durban,
many report an alarming number of child prostitutes, both boys and girls.
According to the Daily News Reporter
of September 9th, 2012 some children are forced into prostitution by
their parents, sometimes for the pitiful amounts (less than $5.40 USD). A young
girl of 14 years of age was sold by older lady for a little less than $310 USD
per hour before being saved by the police during a raid on South Beach. There
were dozens of girls, who were proposed to clients after being handpicked by
traffickers that reviewed their lists of references. Throughout the year,
dozens of children are saved by the police forces during these operations. In
March, the Organized Crime Unit of the Durban police discovered 16 young girls,
between the ages of 12 to 16 during a search of a brothel. Some of the girls
were drugged and the youngest was pregnant. Several groups have reported an
increasing number of children, both boys and girls as young as 11 or 12 years.
Some customers are willing to pay more to have "young skin and this young
age is demanded of both sexes. The findings are overwhelming and the
testimonies leave no room for doubt. Cara Rencken, of the NGO Red Light Organization, remarks in IOL News on January 28th, 2012,
recruteurs envoys dans les zones rurales (recruiters go into the rural zones) to find victims and agir en
boyfriend (act like boyfriend) to finally control them and then supply
them to customers. The Child Protection Unit of the Durban police talks
about children who are locked in apartments, and only leave to meet with
clients. If there are lots of children, it is because there is a high demand
and the clients are not worried. In a report in the Daily News Reporter
on September 9th, 2012 Kyle
Ballard, of the Centre pour les Droits de lEnfant (Center for the
Rights of Children), said il y a une demande particulire Durban Nord et
Durban Central pour les garons et pour les filles (there is a
particular demand in north and central Durban for young girls and boys).
Children are often set up with a client by a simple phone call. Most cases of
trafficking of children involve prostitution. According to Patric Solomons, of
the Molo Sangololo association,
thirty investigations into allegations of prostitution of minors were opened in
2011. They children can be sold directly to brothel owners and serve as sexual
merchandise. In the towns of Cape Town, children are recruited, taken, and sold
into prostitution every day (The Citizen,
January 27th, 2012). According to the programme detudes sur les migrations forces (Program of studies
on forced migration) of the University
of the Witwatersrand, there are thousands of children who are exploited
in South Africa.
Police are
concerned with the frequent combination between places of drug consummation and
brothels. During many police raids throughout the year, the police were faced
with two main problems. Drugs were used by traffickers, not only for their
business, but also to render the children dependent on them: les jeunes ont
de plus en plus tendance considrer la prostitution comme un ticket repas (children
are developing a tendency of seeing prostitution as a meal ticket) (SABC December 26th, 2012).
During an operation in May 2012, the police found a dozen minors some in a
state of dependency, as they did not want to leave. Four brothels were closed
by the authorities following this operation.
Brothels dismantled, prosecuted, and after?
Police
operations against brothels have continued throughout the year in major cities,
unforunately without reducing the presence of the traffickers. Despite a desire
to clearly display the authorities struggle, doubt exists on their willingness
to make it effective. All reported or known brothels are not very concerned. In
terms of the arrests made during these operations, the extent of organized
sexual exploitation seems important. In Durban during February 2012, a raid
following a tip received by the police resulted in the arrest of seven people,
including three for acts of trafficking, brothel managers (a "keeper"
and his son) and four prostitutes. This raid was followed by another into a
brothel last week, where 16 victims were recovered, the youngest (of which was
12 years old) was drugged and forced into prostitution (The New Age, February 27th, 2012. The four organizers
(three of which were men) have been charged with trafficking, prostitution and
possession and trafficking of drugs. These victims were retenues contre leur gr
(held against their will) (City Press, February
25th, 2012). In May of the same year, the police discovered 5 Thai
victims in an illegal situation, but they are still looking for the brothel
owner who had left the establishment close to the center of Durban (IOL News, May 16th, 2012).
In Cape Town,
the vice squad launched a massive operation to dismantle brothels during the
end of December 2012. Police estimated here would be around sixty brothels.
During the year, 13 brothels were closed by this unit and 66 fines were
inflicted not only to owners of institutions, but also of prostitutes (IOL News, December 21st,
2012). A large number of the places visited by the vice squad had been
previously reported by the neighborhood. In July, this same unit arrested a
Nigerian trafficker for acts of trafficking and saved two South Africans (23
and 19 years of age), who were forced into prostitution, drugged and starving (City of Cape Town, July 4th,
2012). In September, two women who directed a brothel were also arrested. According
to the head of security of Cape Town, les maisons de prostitution sont diriges
par des personnes de toutes nationalits (the brothels were directed by
people of all different nationalities) (Peoples
Post, October 23rd, 2012). This diversity is also seen within
the victims. Nevertheless, it seems very difficult, even for the authorities,
to know the extent of this phenomenon, where violence and exploitation are
common. In a study of prostitutes published in 2008 by Chandre Gould, a quarter
of respondents (964 working in enclosed spaces) said they had already been
threatened by their brothel or massage parlor manager. The women reported only
having kept between 40% and 60% of each transaction.
In
Johannesburg during December of 2012, a large police operation led to the
closing of two brothels and the arrests of 23 people: in Malven, 7 people
including 4 Thai, 2 Chinese, and the manager; in Edenvale, 16 people including
14 Thai, 1 South African, and the assumed manager who was a 47 year-old Balkan
man (News24/Sapa, December 1st,
2012).
The question
regarding treatment is reserved for the prostitutes, who are arrested as
criminals (prohibitionist regime), but a large majority, who locked and
constrained, seem to be a victim of trafficking networks and more or less
extensive treatment. Obviously it seems easier to prosecute people for acts of
"illegal immigration" than arrest traffickers and dismantle criminal
groups. However, the awareness of the dangers of trafficking and sexual
exploitation is changing attitudes and people involved increasingly through
denunciations. The head of the community police did not hesitate to invite
residents to "intimidate" leaders and managers of brothels by
photographing the comings and goings of customers and their vehicle
registrations.
Finally, even
if the Sexual Offences Act can
convict a trafficker in prostitution to 20 years in prison, and the Children's Amendment Act to life
imprisonment, only one trafficker was convicted of acts of trafficking for
sexual exploitation in 2012. He was sentenced to 10 years in prison for a minor
prostitute of 11 years of age (U.S. Department
of State, June 2013).
Decriminalize it or not?
Throughout the
year, lobbyists have clashed on the issue of "pour oucontre la
dcriminalisation (for or against the decriminalization)" of
prostitutution, while they try to influence the thinking of the Commission for the South African Law Reform
on the requalifications of prostitution and sexual crimes in 2013. The first
burst came from the ANC, the party of Jacob Zuma, who chose to denounce the
violence very tightly linked to prostitution in a society still largely
characterized by patriarchy, claiming the right to dignity for women and gender
equality. In a country, where estimates indicate a rape every 46 seconds, the
number of convicted perpetrators pales in comparison. The ANC believes that
"l'approche idale serait de supporter une position qui respecte la
dignit de la femme (the best approach would be to support a position
that respects the dignity of women)" (The
Star, March 30th, 2012). Following an interview with an official
at the Star newspaper, the media perceived a deliberate intention on the part
of the party to advocate a "dcriminalisation des personnes prostitues
mais pas de leurs clients (decriminalization of prostitution but not for
their clients)," though current law condemns, in theory at least, all the
actors (prostitutes, clients, procurers and/or traffickers). In May, the
spokesman of the ANC Women's League stated: "Nous ne pensons pas que la
prostitution devrait tre lgalise. Quoiqu'il en
soit, nous pensons qu'au lieu d'arrter ces femmes, on devrait leur donner des
possibilits d'acqurir d'autres comptences pour se dvelopper et saisir
d'autres opportunits (We do not think prostitution should be
legalized. Nevertheless,
we believe that instead of stopping these women, we should provide them with
opportunities to acquire other skills to develop and pursue other
opportunities" (The Big Issue South
Africa, April 23rd 2012).
Contrary to
the ANC, Cheryllyn Dudley, representing the Christian-democratic African party,
believes that whether prostitutes should be able to benefit from a program of
reintegration assistance, "l'industrie du sexe dans son ensemble doit rester
criminalise et la legislation contre les clients, les proxntes et les
trafiquants doit tre renforce (the sex industry as a whole must remain
criminalized and legislation against the customers, procurers and traffickers
must be strengthened)" (The Star,
March 30th, 2012). An intermediate point of view, that of the
partial decriminalization, is advocated by others, such as the association Embrace Dignity, which believes that
prostitution is a violent crime against women, it perpetuates patriarchy, and
that prostitutes should not be criminalized, as opposed to the customer and all
those who exploit them, who should be criminalized.
Among
prostitutes, one also hears lots of arguments. The arguments that come up most
often are those of a recognition of the activity that allows them to have the
same rights as anyone in business, avoid concealment, and thus be more
protected and detached from the sex industry and its dealers. Oratile Moseki of
the Sex Worker Education and Advocacy
Taskforce (SWEAT), explains "d'autres pays comme la
Nouvelle-Zlande qui ont fait le choix de la decriminalization ont montr que ce
systme amliorait les relations entre les personnes prostitues et la police
(other countries, such as New Zealand, that have opted for decriminalization
have shown that this system improves the relationship between prostitutes and
the police" (IOL News, June 26th,
2012). But Zachary Smit, a former prostitute and founder of the association Revive your life, believes prostitution
is "lauto-destruction (self
– destructive) and decriminalization will bring nothing good. The police
also believe that it would disrupt the fight against human trafficking and
although the current system is not perfect, it saves people from the clutches
of traffickers.
Laws are always in preparation
At the end of
2012, a bill was still awaiting presidential signature. The Prevention and Combating of Trafficking in Persons Bill,
written in 2010 and intended to enable the authorities to fight more
effectively against all forms of trafficking, was still not validated. The text
has been finalized and found to comply with the Palermo Protocol. Today,
legislators still uses the Sexual
Offences Act (1957) to prosecute traffickers. The final signing is planned
for 2013.
Along with
this text on trafficking, the South
African Law Reform Commission had also prepared a report for the Government
with a view to a possible redefinition of prostitution and sex crimes through
bill 107. The 1957 text no longer corresponds well with current news, according
to the committee who evaluated all situations. Four options were discussed: the
decriminalization of prostitution, controlled and regulated prostitution,
partial or complete decriminalization criminalization of all stakeholders.
The Committee
wished to emphasize, at a press conference in March 2012, that its position is
not yet determined, but that in terms of current laws, it preferred to use the word
"prostitution" in writings rather than the term "sex
worker," which would imply that the choice of decriminalization has
already been made. In addition, the Commission insisted that the text, which is
open to discussion, and which distinguishes several types of sexual crimes, has
received close to 2,600 contributions. On prostitution, the Commission considers
that the public debate has had a considerable echo, and the socio-economic
determinants are essential to explain its current size. The main question posed
by the Commission is to understand "why prostitution is now subject to
criminal law and what is the purpose of this Act" (COSATU, March 28th,
2012). The Commission solicits various public actors and civilians to answer
the following questions: how prostitution should be defined? How does the
chosen option help reduce demand, abuse, violence, and exploitation? How does
it improve the right to equality, and access to health care for prostitutes?
Once the report, discussions, and recommendations are completed, it is the
Department of Justice who decides whether or not to consider and act.
The weight of NGOs in the aid of victims
Dozens of
local and international organizations in South Africa work to help prostitutes,
especially those who are minors. The 2013 U.S. Department of State Report on
Human Trafficking stated that 13 accommodating homes are officially accredited.
These homes welcomed 87 people this year, a figure rising for several years. 17
other temporary sites managed by NGOs have increased the arsenal of aid to
victims.
Between New
Zealand temptation and the historic weight of the omnipresent Catholic
religion, South Africa has not yet chosen its stance on prostitution or the
manner in which it must determine legislation in the years to come. While
waiting, the networks continue to prosper and victims, who are growing in
number and decreasing in age, are exploited.
Sources
- Brothel raid
uncovers missing kids , City Press,
February 25th, 2012.
- Child
prostitution is rife in Durban , Daily
News Reporter, September 9th, 2012.
- Hawks crack down
on brothels , News24 (Sapa),
December 1st, 2012.
- Prostitution and
drugs worry police , SABC,
December 26th, 2012.
- Vice Squad rescue
human trafficking victims in Brooklyn , City of Cape Town, Media release No. 561/2012, July 4th,
2012.
- Bermudez L.G., M.S.W., No Experience Necessary: The Internal
Trafficking of Persons in South Africa, International Organization for
Migration (IOM) Regional Office for Southern Africa, Pretoria, South Africa,
October 2008.
- Congress of South African Trade
Unions (COSATU), Current status of the South African
Law Reform Commission: Project 107 (Sexual Offences/Adult Prostitution, March 28th,
2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Dudley C., SA
should not decriminalise prostitution , The Star, March 30th, 2012.
- Farish L., South Africa's fight
to expose human traffickers , The
Big Issue South Africa, April 23rd, 2012.
- Gould C., Fick N. (in
collaboration with), SWEAT, Selling sex
in Cape Town - Sex work and human trafficking in a South African City, Institute for Security Studies, Pretoria, 2008.
- Jadoo Y., Forced
child prostitution shows on increase , The Citizen, January 27th, 2012.
- Jassiem N.,
Crawford brothel raided , Peoples
Post, October 23rd, 2012.
- Jewkes R.,
Morrell R., Sikweyiya Y., Dunkle K., Penn-Kekana L., Men, Prostitution
and the Provider Role: Understanding the Intersections of Economic Exchange,
Sex, Crime and Violence in South Africa , PLoS One, Vol.7, Issue 7, July 20th, 2012.
- Jewkes R.,
Morrell R., Sikweyiya Y., Dunkle K., Penn-Kekana L., Transactional relationships
and sex with a woman in prostitution: prevalence and patterns in a
representative sample of South African men , BMC Public Health, 12-325, May 2nd, 2012.
- Kinnear J., Brothels
in the firing line , IOL News,
December 21st, 2012.
- Madlala-Routledge N.,
Should SA decriminalize prostitution? , The Star, March 30th, 2012.
- Mama S., SA sex
worker plea for equality , IOL News,
June 26th, 2012.
- Mhlana Z., Second
brothel burst in Durban , The New
Age, February 27th, 2012.
- Minister of Justice and
Constitutional Development, Republic of South Africa, Prevention and
combating of trafficking in persons bill , Gazette, no.32906, January 29th, 2010.
- Mkamba L., Another
brothel bust in a posh suburb , IOL
News, May 16th, 2012
- Ogbuna E.,
Deportation of 67 South African prostitutes from Nigeria, a good move? , Nigeria Films, March 8th, 2012.
- Pudifin S., Bosch S.,
Demographic and social factors influencing public opinion on
prostitution: An exploratory study in Kwazulu-Natal Province, South
Africa , PER, PER/PELJ
2012(15)4, Vol.15, n.4, 2012.
- South African Law Reform
Commission, Sexual Offences Adult
Prostitution, Discussion Paper 0001/2009, Project 107, June 30th,
2009.
- Sylvester W.,
Shocking reality of SA human trafficking , The Daily Voice, January 31th, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- Waterworth T.,
Fight for the children of the night , IOL News, January 28th, 2012.
- South African Law Reform
Commission :http://salawreform.justice.gov.za/
|
Spain
|
- Popuation : 46.8
million
- GDP per capita (in US
Dollars) : 29,195
- Constitutional monarchy
-Human development index
(HDI): 0.885 (23rd rank among 187 countries)
- Gender inequality index
(GII): 0.103 (15th rank among 147 countries)
- Member of the European
Union since 1986.
- No official national
statistics on prostitution.
- According to diverse
NGOs, there are close to 300,000 prostitutes, of which 10% are in Catalonia
(non-official statistic).
- Sex tourism in the north
of Catalonia.
- Due to the econmic
crisis, there has been a development of youth prostitution, for those native to
Spain.
- Country of transit and
destination for trade victims with the purpose of sexual exploitation.
- Most victims come from
Central America, Southern Europe, as well as Sub-Saharan Africa.
Spain is a country of transit and destination for trafficking victims for
sexual exploitation, mainly women from Central America, Southern Europe, and
sub-Saharan Africa. Currently, over 90% of prostitutes in Spain are trafficking
victims. Prostitution is exercised primarily in enclosed spaces. According to
the 2012 U.S. Department of State Report on Human Trafficking, women are from
Romania, Ukraine, Russia, Croatia, Bulgaria, Brazil, Colombia, Ecuador,
Paraguay, Venezuela, China and Nigeria. According to data from the Unidad
Contra las Redes de Inmigracin Ilegal y Falsedades Documentales (UCRIF),
there are nearly 300,000 women in prostitution in Spain, of which 10% are
located in Catalonia.
Throughout
2012 the north of Catalonia has continued to become a popular place for the
European sex industry, particularly for the French. A Spanish law, that is more
permissive than French law, encourages a younger clientele to enjoy
prostitution, remaining the third country in the world for prostitution usage (APRAMP, 2011).
Insignificantly
in the last five years, the number of women prostitutes from China is constantly
growing.
In general,
women who are led to Spain have a debt to mafias that they must reimburse upon
their arrival. According to lUCRIF, this debt can oscillate between $2,700 and
$8,100 USD for women from South America, between $5,400 and $13,500 USD for
European women, between $54,000 and $81,000 USD for African women, and around
$27,000 USD for Asian women.
Inspector Ali
Mohammad explains that the higher the debt, the more rigid the control will be
because the mafia wants to recuperate their investment immediately and they do
not hesitate to submit the women to violence, sexual abuse, or kidnapping to
maintain their control.
According to the
Asociacin, para la Prevencin, Reinsercin y Atencin de la Mujer Prostituida
(APRAMP), in 2012, the procurers gathered younger girls, of 18 years of age
or less, to satisfy the demands of the clients. This association stated that a
large number of the young prostitutes often do not use any contraceptives or
any protection to satisfy the demands of the clients, and frequently end up
pregnant.
In September 2012, Soledad
Becerril, a defender of the people, presented an important report to different
Spanish public administrations, international organizations, and unions and
entities of Red Espaola Contra la Trata de Personas. According
to the data of the Secretario
de Estado de Seguridad (secretary of state for security) concerning 2009 and
2012, it was possible to establish a typical profile of a person in a risky
situation of becoming a victim of trafficking for sexual exploitation in Spain.
It is a woman from Eastern Europe, between 18 and 32 years of age or a woman
from Latin America, between ages 33 and 42 years of age. The analysis of the
figures reveals a greater involvement of security forces in the fight against
this scourge. 6,157 people were identified in risky situations in 2009, more
than 15,075 people in 2010, and 14,370 in 2011.
Despite the statistics, it is still difficult to
identify victims. According to the United Nations, only one person out of
twenty will be identified as a victim of trafficking for sexual exploitation.
This theory is confirmed in Spain.
The report of the public defender explains that the
analysis of the statistics created by Centro de Inteligencia contra el Crimen Organizado
(CICO) results in a small number of people at risk: in 2011, only 1,082 victims
were identified in situations of risk from 14,730 victims, against 1, 641 from
15,075 in 2010.
In this report, the defender of the public
recommended a collaborated effort between the authorities and the specialized
NGOs to improve the process of identifying victims.
Prostitution as a result of the
economic crisis
The current economic crisis and unemployment in
Spain that affected more than 50% of young people contributed to the rise in
prostitution, with a new sexual offers: younger people and from Spain.
Prostitution is presented as an accepted activity
to face a precarious situation that many young people are dealing with (lack of
work, difficulties to pay school and university fees). The price of public
education at a university has significantly grown in the last two years; the
number of scholarships for students has also significantly diminished. More and
more, Spanish students cannot pay for their studies and a number of young
Spanish women turn to prostitution, not only to pay for their studies but also
to finance their families, whose members are also affected by unemployment.
The current Spanish economic situation has also
favored the emergence of Spanish women in the prostitution market for new
patterns. Women who are ex-prostitutes return to their former activity as a
result of a lack of work and resources. Some women also end up in prostitution
to escape unemployment and provide for their families. According to Mdecins du
Monde, almost 10% of women helped by the organization are Spanish. Many have
been forced to lower prices for services, and even not to use condoms in order
to enter the market. Despite this reality, very few Spanish women were victims
of sexual exploitation networks.
A sexual offer
becoming increasingly more important
Each year in Spain there
is a greater normalization of prostitution with a very strong offering of
sexual services in newspapers, on posters in the streets, and on the internet.
The debate around prostitution has been virtually non-existent in 2012.
An article from the New York Times on April 6th,
2012 presents Spain as the paradise of prostitution and the sex market. This
article demonstrates how, while the Spanish economy suffers from recession, the
business of prostitution expanded through its development in small towns rather
than in large cities. In the past, the majority of clients were middle-aged
men. Today, it is rather young men, traveling in Spain, often in groups or
organized trips who came to buy sex (such as the La Jonquera, on the
French-Spanish border). Now, young people who once frequented the clubs, go to
brothels as an attraction like any other.
In April of 2012, an
agency in Valencia proposed prostitution classes, in its Academy of Pleasure. This establishment promoted the class by distributing
little cards in the popular university zones. The class, which costs $135 USD,
would last one week. It addressed practices and theory, accompanied by a manual
and study materials. The government of Valencia had to address this affair. One
of the defenders of the program insisted that the classes were not degrading
or illegal. I teach people to self-respect, informing them in a private room,
one cannot do all that we are asked, simply because it is an enclosed space. Finally,
in July 2012, following a judicial inquiry, the judges determined that there
was no evidence of crime. It has not been proven that these courses were aimed
at minors or inciting prostitution. So, they were finally allowed in September.
Another activity developed
in Spain in 2012. Les Foros de puteros
(Johns Forums) are forums of discussions where clients can give their opinions
on the prostitutes, exchange their experiences, or find advice and information
for their specific intentions. The prostitutes are put in classes and noted on
their appearance, their beauty, and the quality of their presentations. The
clients can freely express themselves and receive lots of information on
existing sexual offers. Their judgments and evaluations can have a large
determining influence on the future relations of the women with their clients.
They are forced to provide unwanted services or to accept all kinds of
customers for fear of getting bad judgments on these forums and losing
customers.
A global plan to fight against the human trafficking for
sexual exploitation
Spain launched the first Plan integral de lucha contra la trata de seres humanos con fines de explotacin sexual on December 12th, 2008 for a period of three
years. By Ministerial Agreement in June 2011, it has been reinstated throughout
the year 2012 to guarantee more effective action.
On
October 18th 2012 the third Informe de
seguimiento del Plan Integral
de Lucha
contra la Trata
de Seres
Humanos con fines
de explotacin
sexual was presented. This report followed the Integral Plan against
trafficking addressed in the report of 2011 and the measures put in place. It
did appear that, despite the efforts made with 8.4 million dollars dedicated to
the Plan, there was still a lot of work to do in 2012, particularly in terms of
research, advocacy, prevention, the assistance and protection of victims. The
report also stressed the need to improve data collection systems to better
understand the extent of the problem and find the answers toit.
Sources
- Asociacin, para la Prevencin, Reinsercin y
Atencin de la Mujer Prostituida (APRAMP), Guia La trata con fines de explotacin
sexual, 2011.
- Becerril S.
Defensor del Pueblo, La trata de seres
humanos en Espaa: Vctimas invisibles, Madrid, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Daley S., In
Spain, Women Enslaved by a Boom in Brothel Tourism , New York Times, April 6th, 2012.
- Ministerio de Sanidad,
poltica social e igualdad, III Plan de
accin contra la explotacin sexual de la infancia y la adolescencia - ao 2011,
October 28th, 2012.
- Montserrat
Garca Villa, Guadalupe Rodrguez Nez, Mara Eugenia Zamorano Calero, La prostitucin en el siglo XXI: Prcticas
emergentes en Internet, 2012.
- Muoz L., Informe de la Ponencia sobre Prostitucin en
nuestro pas (154/9). Aprobada en sesin plenaria de 13 de marzo de 2007,
Cortes Generales, Comisin Mixta de los Derechos de la Mujer y de la Igualdad
de Oportunidades, Madrid. March 13th, 2007.
- Spanish Government,
Attorney General of the State and General Council of the Judiciary, Framework Protocol for the protection of
victims of human trafficking,
October 28th, 2011.
|
Sweden
|
- Population: 9.5 million
- GDP per capita (in US
dollars): 55,245
- Parliamentarian monarchy
- Human development index
(HDI): 0.916 (8th rank among 187 countries)
- Gender inequality index (GII): 0.055 (2nd rank
among 147 countries)
- Member of the European Union since 1995.
- No official national
statistics on prostitution.
- Development of male
prostitution: In 2012, 2.1% of Swedish men between the ages of 16 and 25 are
prostitutes (0.8% for women of the same age range).
- Young clients: about a
half of those who are clients of prostitutes under the age of 26, are
themselves under the age of 26.
- First country to
penalize the client of prostitution without penalizing the prostitutes,
considered as victims. Sweden contemplates the possibility of expanding the
penalty to Swedish nationals who purchase sex services abroad.
- Decrease in prostitution
without any prison sentences having to be imposed on those who violated it.
- Alarming development of
child trade with the purpose of sexual exploitation.
- Country of origin, destination, and to a lesser
extent, country of transit for human trafficking networks coming from Central
and Eastern Europe, Africa and Asia.
Sweden, an evolving model country
Sweden, as the
first country to establish the criminal penalization of prostitution clients in
1999, has emerged as the model leader for the fight against prostitution.
This approach, adopted in late 1998, criminalizes the purchase of sexual
services without penalizing prostitutes. Under this law, the latter are
considered the victims of a system of domination that is inherently violent and
unjust.
Ten years
after the implementation of the law, its effects were evaluated by a government
commission, headed by the Chancellor of Justice (Justitiekanslern), Anna Skarhed (SOU, 2010). The final report concluded that the law produced its
intended effects: in particular, a 50% reduction of street prostitution, as
well as a significant decrease in human trafficking. In addition, the report
indicated that the reduction of street prostitution had not been accompanied by
a commensurate increase in other areas, including the market of prostitution
that exists online. Additionally, the survey revealed a profound social
transformation, noting that the percentage of people who support the
penalization of clients increased from roughly 30% to over 70% of the total
population within the 10 years that followed the enactment of the law.
Since it was
implemented, the Swedish model has been closely monitored by the
international community. The pronounced success of the law has helped its
supporters, primarily the Swedish government, to promote this new abolitionist
approach on the international scene. However, anxious to not see their country
rest on its laurels, and aware of the work that remains to be done to achieve a
world without prostitution – an ideal that will not happen without the
concerted efforts of the international community and abolitionist organizations
- many Swedish civil and political groups have started to think about what must
be done next. With regard to prostitution, 2012 was a year of progress
characterized as much by the continuity and strengthening of the legal system
as by innovation in the face of a persistent and evolving phenomenon.
Legislative changes of 2012
Since the law
was enacted, reports indicate that prostitution has decreased even though no
prison sentence was ever imposed on those who violated the statute (The Local, January 27th,
2011). However, following the observations made by the Minister of Justice,
Beatrice Ask, that prison sentences prescribed by law were loosely enforced,
they were significantly tightened in July 2011. This change did not lead to
more incarcerations, given that courts remained reluctant to fill Swedish
prisons with individuals convicted of a first offense. Instead, they
theoretically reserve incarceration to repeat offenders and those convicted of
aggravated assaults.
A solution to
dissuade recalcitrant clients would be to apply prison sentences more
frequently, while modulating them to further penalize those who buy sexual
services from trafficked individuals. This approach is supported by Johan
Linander, a member of the centrist party and vice-chairman of the parliamentary
committee of justice (Justitieutskottet),
and by the social-democrat MEP Anna Hedh, who is currently drafting a European
directive to combat human trafficking (The
Local, May 27th, 2010).
Regarding
prostitutes rights, the law is moving towards a greater integration into the
social security system. Indeed, in July 2012, the National Swedish Social
Insurance Agency (Frskringskassan)
proposed that prostitutes be entitled to the same benefits as other citizens,
such as the reimbursement of sick leave and parental leave (The Local, July 5th, 2012).
Prostitutes registered as sole proprietorships would thereby be able to receive
benefits of up to 80% of their annual income within the limit of 330,000 Krona
(about 38,000 ) a year for diseases lasting more than 14 days, the first seven
days of sickness not being refunded (Bloomberg,
July 5th, 2012). This change should remove prostitutes from a 'gray
zone' with regard to their right to social benefits. Indeed, the lack of legal
recognition of prostitution does not preclude its taxation since the principle
of taxation in Sweden exists independent from the legality of the
income-generating activity (French Senate,
2000). Under no circumstances are prostitutes excluded from the universal
social security system since Sweden offers a minimum coverage to all residents,
regardless of their occupation. However, many prostitutes in Sweden who report
their income do not report their activity, preferring to be registered as
working in personal care. This complicates the identification process of
prostitutes rights to benefits, particularly with regard to the terms of
reimbursement for sick leave (The Local,
July 5th, 2012). As a result, the solution is not so much the
recognition of prostitution as a profession but rather the clarification of the
taxation system as it would apply to prostitutes in order to better support
their rights.
The persistent problem of trafficking
Prostitution
is comparatively less prevalent in Sweden than elsewhere. An estimate from 2006
published in an American scientific journal puts Sweden in the top group of
countries in Europe and in the world that has the smallest number of prostitutes
(only 0.1% of the population) (Sexually
Transmitted Infections, 2006). However, it remains an entrenched problem,
particularly with regard to the victims of human trafficking. Annually, between
400 and 600 people are victims of trafficking (U.S. Department of State, 2012). However, since 2011, the number of
victims of trafficking for sexual exploitation has been lower than that of
victims trafficked for forced labor, thanks partly to the law criminalizing the
purchase of sexual services that made the Swedish territory inhospitable to
numerous criminal networks.
Sweden is a
source country, a destination and, to a lesser extent, a country of transit for
networks trafficking from Central and Eastern Europe, Africa and Asia. The
origins of the victims vary due to changes in migration and political relations
between Sweden and its neighbors and the vagaries of economic conditions in
countries that influence the development of trafficking. Representative of the
current trend, a Lithuanian network of human trafficking for prostitution was
dismantled in spring 2012. In total, six men between the ages of 21 and 28 were
arrested for recruiting Lithuanian women in situations of economic hardship for
prostitution on the streets of Stockholm. The women victimized had no control
over their customers and were paid very little or not at all (United Press International, April 4th,
2012).
The
development in Sweden of trafficking children for sexual exploitation, labor,
begging and forced crime is also worrying. According to the executive committee
of Stockholm, more than 150 children, some younger than three years old, have
been trafficked from 2009 to 2011, as stated by a report released in November
2012. The victims were forced into begging, prostitution or stealing. Despite
the large number of victims, police reported only 68 cases of child
trafficking. For one of the researchers, Ingrid kerman, the solution will
necessarily require improvements in the training of social workers, so that
they can improve the identification of children at risk, as well as a
reinforcement of the Swedish legal framework of trafficking to allow young
victims to come forward and to better exert their rights: Children find it difficult to register their
complaints in court proceedings. An assessment of the current legislation is
required, and it will be necessary to clarify why such a limited number of
children complaints result in legal procedure. (The Local, November 14th,
2012)
One proposal would be to incorporate the UN Convention on the Rights of
the Child in Swedish law. These progressive solutions are not supported by
everyone, given the development of a security-related rhetoric aimed at
cleaning the Swedish sidewalks of immigrant populations and, in particular,
beggars and prostitutes. Despite the fact that the majority of prostitutes in
Sweden are victims of trafficking, these speeches try to impose a conception of
prostitutes as dishonest and immoral individuals, who do not have a place in
the Swedish society. To this end,
in October 2012, the parliamentarians from the far right Swedish Democratic
Party (Sverigedemokraterna), David
Lng and Mikael Jansson, asked the Parliament to amend the law on immigration,
arguing that the principle of expulsion for dishonest lifestyles should be
applied to foreign beggars and male/female prostitutes:
In recent years, the
enforcement officers of several countries have chosen to repatriate foreign
beggars and prostitutes on the grounds that their life is dishonest. The
preamble to the Swedish Aliens Act states, inter alia, that prostitution is a
form of dishonest livelihood, which means that anyone who is guilty can be sent
home.
The Swedish model 2.0
However,
wishing to remain faithful to the identity of Sweden as a haven for immigrant
populations and searchers of asylum, civil and political abolitionists seek an
approach that respects human rights and deals with the problem of trafficking
and prostitution in its international context. On September 26th,
2012, members of feminist and abolitionist organizations met in Stockholm to
attend the conference Sex trade without frontiers – How can the Swedish
sex purchase law be strengthened?, organized by the Swedish Womans Lobby within the framework of the campaign
"Together for a Europe without prostitution" of the European Women's
Lobby (EWL).
The primary
objective of the conference was to revive the debate on the legislative
framework for prostitution in Sweden and, in particular, to discuss the
possibility of extending the current law, which applies only to clients of
prostitution on the Swedish territory, to target Swedish expatriates. The idea
was directly inspired by the Norwegian model adopted in 2008, which not only
penalizes the clients of prostitution in Norway, but also Norwegians who buy
sex abroad.
Thus, in view
of Swedens pioneer status in the fight against prostitution, the ramifications
of a wider application of the law against the purchase of sexual services are
vast. Indeed, beyond improving the consistency of the current system, and
therefore of the educational and normative aim of the Swedish model to
demonstrate that the purchase of sexual services is unacceptable wherever it
happens, this development could also serve as an example to other countries,
such as France and Ireland, which are currently considering the criminalization
of purchasing sexual services.
It is with the
aim to combat sex tourism and to advance the European debate on prostitution
that many stakeholders, including MEPs Mikael Gustafsson and Pierrette Pape,
responsible for policy at the EWL, spoke of the concrete legal developments at
a European level during the conference. In particular, the growing mobilization
of members of the European Parliament to support the EWL abolitionist campaign
was highlighted.
This growing
understanding of prostitution as a fundamental violation of women's rights and
as a barrier to gender equality at the European level has been presented as a
means to the influence of norms and ideas underlying the Swedish model while
being conducive to the development of a European abolitionist movement.
It is in this
context that the Swedish Women's Lobby,
in cooperation with Sveriges och
Kvinno-Tjejjourers Riksfrbund (Association of Shelters for Women and
Girls) and Riksorganisationen
kvinnojourer och fr tjejjourer i Sverige (National Association of Shelters
for Women and Girls of Sweden), announced in December 2012 plans to launch a
campaign to convince the Swedish public authorities to extend the reach of the
law. The campaign will be entitled Sexkpslagen
2.0 (Act on the Purchase of Sexual Services 2.0). Several political parties
(the Social Democrats and the Centre Party) also support this project, given
that this line of thought is already on the Social Democratic Partys agenda.
Male prostitution is booming
The current
effort to rethink the Swedish model reflects the need perceived by some to
address the persistence and changes in the phenomenon of prostitution. Indeed,
the Swedish prostitute population is getting younger and more diverse.
According to a survey conducted by the National Youth Council on 2,254 young
Swedes, published in November 2012, 2.1% of young Swedish men between 16 and 25
years and 0.8% of young Swedish women reported having sold sex in 2012. In total,
there could be nearly 20,000 people in dire need of help (Le Nouvel Observateur, 2012). The report also found a strong
correlation between prostitution and violence, with 78% of those who admitted
selling sex indicating that they also had been victims of sexual violence (The Local, November 13th,
2012). In addition, young people are also customers, with half of the clients
of prostitutes under 26 years old themselves under than 26 years old. This age
group is therefore particularly tolerant to prostitution with 21.9% of
respondents, especially young men, finding it acceptable that their peers sell
sex.
In a reversal
of historical trends, more young men are involved in the sale and purchase of
sexual services. Indeed, this study found that in Sweden twice as many young
men as young women are prostitutes. This phenomenon remains poorly understood,
given the rarity of countries which can provide dispose clear estimates of male
prostitution. The exact reasons for this disparity among young men, both for
those who sell sexual services and for those who buy them, remain unclear. One
hypothesis focuses on the sexual orientation of the individuals concerned: "A pure and simple speculation is that
young homosexual men (...) can more easily accept their sexuality if they get
something in return for sex: a few beers, a phone recharge." (Le Nouvel
Observateur, November 12th, 2012).
The political
debate on prostitution in Sweden has been dominated by a conception of
prostitution as violence from men against women. This has largely overshadowed
consideration of male/homosexual prostitution. However, the Swedish law,
although primarily driven by the need to eradicate the belief that the purchase
of women's bodies is acceptable, relies nonetheless on a universal conception
of human dignity. Extending the operating principle of the law to educate
customers on the harm of the commoditization of the human body regardless of
the gender or sex of the prostitute – all the more given that the law
does not specify that only clients of prostitutes are the target –
follows the same logic.
A model still disputed
While an
ambitious abolitionist project seems to be taking root in Europe, the extension
of the model penalizing the customer remains challenged by neo-regulationist
movements at the international level. They consider it possible to distinguish
between voluntary prostitution – presented as a form of atypical work
– and forced prostitution.
In keeping
with this trend, in July 2012, the Global
Commission on HIV and the Law, supported by the United Nations Development
Program (UNDP), published an overall assessment of legislation that may have an
impact on the global HIV-AIDS epidemic and the rights of individuals affected by
the virus, in which it alleged that the criminalization of prostitution clients
in different countries actually had
serious consequences for workers.
The report
also states that Swedish law has not
improved the lives of sex workers, but on the contrary has worsened them.
The report's authors conceptualize prostitutes as 'sex workers', and
distinguish between forced prostitution and voluntary prostitution. At the core
of the accusation is the thorny and recurring issue of consent, the
consequences on the ability to take charge, and the safety of individuals who
buy and sell sexual services. However, the report deals only superficially with
the Swedish case to demonstrate the harmful effects (insecurity, stigma,
greater invisibility) induced by the criminalization of purchasing prostitution
in other countries. In this sense, the study creates confusion between the
criminalization of purchasing prostitution as provided in the Swedish model
– that is to say, as a measure to raise awareness, symbolizing the
inadmissibility of prostitution – and one that operates alongside the
criminalization of prostitutes.
Thus, the
charges of an alleged ineffectiveness of the law, deduced from a relatively
small number of cases and convictions of customers obviously ignore the
educational objective and normative scope of this model. The law, in the case
of countries which already apply it (Sweden, Norway, Iceland), and those that
are considering its implementation (France, Israel, Ireland, Scotland), has
never claimed to be part of a punitive regiment but instead, should be seen
within a system of education and awareness of gender inequalities and systemic
violence against women.
Regarding its
role in the global fight against HIV/AIDS, Sweden remains an essential ally by
adopting a sensible and pragmatic approach to the financing of associations
working to contain the epidemic, even in cases where the association undertakes
to defend the position of those it considers as 'sex workers.' Sweden therefore
differs de facto from political
regimes that are criticized by the Commission, that carry a disguised promotion
of prostitution prohibition through grant contracts to NGOs, which require them
to pursue explicitly anti-prostitution policies, such as the U.S. President's
Emergency Plan for AIDS.
Indeed, in
late 2012, a political debate about the financial support to the association
Mama Cash erupted with respect to the associations favorable position
regarding sex work. Established in 1983 in the Netherlands, the Mama Cash
association is the oldest international women's fund, distributing more than
37,000,000 since its inception to advance the cause of women worldwide.
Sweden provides considerable amounts of money to the association to help
finance its activities. However, contrary to the Swedish governments
conception of prostitutes as victims, the association considers them as sex
workers and makes the recognition of their rights, as such, one of its primary
objectives .
Moreover, the
position of Mama Cash on the Swedish model of criminalizing clients of
prostitution is very critical, seeing in it a system that regulates neither the
issue of prostitutes rights recognition, nor their de-stigmatization. This
conflict of interests and ideals pushed Amineh Kakabaveh, a member parliament
from the Left Party (Vnsterpartiet),
to file a complaint against the organization in the form of a question to the
Swedish Parliament.
Noting that
the agreement between the government and the association contained a clause
which prohibited the use of Swedish funds to finance measures targeting
prostitution – a condition constantly reiterated by the government
– Gunilla Carlsson, Minister of Development and International
Cooperation, responded in a pragmatic way. Indeed, the Minister explained that
the high value of the association, particularly with regards to the support of
female victims of violence or discrimination, is compatible with the
governments priorities to contribute to poverty reduction and to greater
respect for human rights in the world.
Sources
- 6 charged in
Swedish trafficking ring , United
Press International, April 4th, 2012.
- Children sold for
sex and crime in Sweden: report , The
Local, November 14th, 2012.
- Fr ett Europa
fritt frn prostitution , Sveriges
Kvinno-och Tjejjourers Riksfrbund, December 5th, 2012.
- La
prostitution plus masculine que fminine chez les jeunes Sudois , Le Nouvel Observateur, November 12th,
2012.
- More men in
Sweden sell sex than women: study , The
Local, November 13th, 2012.
- No jail time for
Swedens sex buyers: report , The
Local, May 27th, 2010.
- Sweden –
Prostitution put back on the agenda , Lobby
Europen des Femmes (LEF), 28 September 2012.
- Sweden to offer
prostitutes sick pay , The Local,
July 5th, 2012.
- Sweden unveils
tougher penalties for buying sex , The
Local, Janvier 27th, 2011.
- Swedens
tax-paying prostitutes win right to paid sick leave , Bloomberg, July 5th, 2012.
- Carlsson G., Rponse la question au gouvernement
n 2012/13: 181, December 13th,
2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Global Commission on HIV
and the Law, Risques, Droit & Sant
- Rapport 2012, PNUD, HIV/AIDS Group,
New York, July 2012.
- Lng D., Jansson M., tgrder mot tiggeri och prostitution, Motion parlementaire
2012/13:Sf365, October 4th, 2012.
- Statens Offentliga
Utredningar (SOU) Government Offices of Sweden, Frbud mot kp av sexuell tjnst: En utvrdering 1999–2008
(rapport en sudois), Evalation of the ban on purchase of sexual services
(English summary), July 2010.
- The French
Senate, European Affairs Department, Le
rgime juridique de la prostitution fminine, Les Documents de travail du
Snat, Srie Lgislation Compare, n.LC 79, october 2000.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- Vandepitte J., Lyerla
R., Dallabetta G., Crabb F., Alary M., Buv A., Estimates of the number
of female sex workers in different regions of the world , Sexually Transmitted Infections, 2006.
|
Switzerland
|
- Population: 7.7 million
- GDP per capita (in US
dollars): 79,052
- Federal regime with a
semi-direct democracy
- Human development index
(HDI): 0.913 (9th rank among 187 countries)
- Gender inequality index
(GII): 0.057 (4th rank among 147 countries)
- The estimates of the
number of prostitutes vary from 10,000 and 25,000.
- Geneva: 800 prostitutes
in 2004, 4,100 declared in 2012 ; Zurich: 4,000 prostitutes (1,050 more than
the preceding year) ; Canton of Fribourg: 58 massage parlors in 2012.
- Regulationist regime.
The right to prostitute oneself is legally recognized since 1942 (Article 27).
Certain legal disparities remain between the cantons (minimum legal age, terms
of control, absence of regulation).
- Sexual restraint
(Article 189), the promotion of prostitution (Article 195) and illicit practice
of prostitution (Article 199) are repressed. All forms of trafficking are
punishable under section 182, which went into effect in 2006 and abides by
international standards.
- Sex industry revenue:
between 2,8 and 4,4 billion ($3.8 and $6 billion USD) per year according to
sources.
-Between 75% and 80% of
prostitutes come from other countries (Eastern Europe and Latin America mainly,
but also Asia, Western and Northern Africa).
Prostitution of minors in between 16 and 18 years of age, the
quibbling continues
The
adhesion of the Swiss to the Council of Europe on the protection of children
could suggest a rapid change of the Penal Code. Unfortunately, bureaucratic
realities and parliamentary dithering are responsible for curbing the hope of a
quick European harmonization. Although some cantons have taken, without delay,
provisions to prohibit, even indirectly, the prostitution of minors 16 to 18
years of age, an agency was still escorting in the end of 2011, this
prostitution a marketing tool to attract customers (L 'Express.be, April 17th, 2012).
In
an official statement issued in July 2012, the Federal Council had a
"future" criminalization of clients of prostitutes from 16 to 18
years (up to three years imprisonment), together with other measures, including
suppressing the encouragement of prostitution, and to extend the age limit of
protection in the field of child pornography. But the case drags on and no
amendment to the Penal Code had been made in late 2012. Two cantonal
initiatives (Geneva, Valais) and two parliamentary initiatives (Gallad,
Barthassat) tried in vain to expedite the process and make these measures
happen, but the Commission of the Council of States[93]
are not followed[94].
A bill is currently being validated in the Federal Parliament. Meanwhile, the
prostitution of minors aged 16 to 18 is still allowed as long as it is not
constrained.
It
is difficult to know the number of children actually involved. Although the
spokesman of Aspasie said "in thirty years in Geneva, we have never met
children in prostitution or in the street, or in the lounges," the MP Luc
Barthassat states that "when Geneva banned the practice (in 2010), the
Zurich numbers increased" (Le Matin,
March 16th, 2012). In fact, earlier this year , the canton of Zurich
put in place a regulation stating that allowing prostitution on the street or
in a facility could be granted only to civil adults, excluding that minors 16
to 18 years. Another cantonal initiative filed by Zwahlen Pierre in the canton
of Vaud also tried to ban prostitution of minors under 18 years of age,
including the criminal prosecution customers (Canton of Vaud, 2012). The government reiterated in June that the
criminal sanction of a client of a minor prostitute exceeded the cantonal
skills and needs to be reported to the federal law. The State Council has been
specified that the cantonal police should be able to inform parents of a minor
16 to 18, who declares herself to the authorities as engaging in prostitution
in this township.
Desire
to give meaning to the democratic process to implement a comprehensive law that
protects minors or status quo maintained in order to provide clients and
contractors an economic market: what does Switzerland really want?
Crisis and competition, glamour and pretense
In
a report published in June of 2012, the Federal Police indicated that the
number of prostitutes is rising in Switzerland in the last few years (FEDPOL-FDJP, 2012). In Gevena, the French,
in Zurich the Hungarians its a question of geography Regularly Switzerland
continues to be cited as an example of management of a free and happy
prostitution, unconstrained (the contradiction of independent status - used).
And that brings billions of dollars each year. A trifle... Geneva had a
thousand prostitutes reported in 2004 now has a little over 4,100 and received
nearly 900 applications in 2011. The French, the majority, represent 28% of people
officially registered (+75% since 2010) in the canton. Reportedly, street
prostitution increased by 24% in one year (Le
Matin, April 3rd, 2012) while 75% of the reports are held in the
salon. Competition is fierce, prices are falling... Police tempers: of the
4,100 registered in the end of 2011, not all are active. Nonetheless, all are
not reported either. Calvin's city alone count no less than 110 "sex
centers," 40 companies escorting a growing business, making Switzerland
appear as a paradise for foreigners, who come from France, Spain, Eastern
Europe (Hungary, Romania, and Bulgaria in the lead), South America, and Asia
(Thailand). The morals brigade of Geneva ensures with confidence that
"this increase will stop," and refers to "a process or medium
without criminal networks." One is almost assured ... Yet, when a
prostitute mentions the Pquis (Geneva Headquarters), she speaks of a
"no-go area. With all these dealers, fights, attack(...) "(Le Matin, April 3rd, 2012).
In
the canton of Neuchtel, the number of massage parlors grew from 35 in 2006 to
58 today, with 145 prostitutes reported. In the canton of Fribourg, 250
prostitutes declare themselves to the authorities each year, but for the month
of December alone, thirty criminal orders were made against persons who have
not requested permits. One can legitimately cast doubt on the supposed scale of
the controlled phenomenon, since cases of illegal prostitution multiply. A city
study, which did not investigate street prostitution, of Zurich in 2012 showed
a majority of Romanians from Hungary practice in appalling conditions,
sometimes up to 70 hours per week and are regularly subjected to violent
customers or insults of those who pass by. Procurers are not there. They simply
receive the money quietly. Some are responsible for monitoring the others.
Zurich, also referred to as a hot-spot" of male prostitution in Europe,
counts 700 people from all over Europe and Latin America. Many young Romanians
have arrived in 2012 and, after working illegally in saunas or porn movies, are
moved to other cities. How many cases are unreported? For the victims, the
pressure is enormous, constant threats. Although, according to the Federal
Office of Police (FEDPOL), trafficking for sexual exploitation is a large
majority over all other forms of trafficking (including forced labor), there is
little or no evidence and estimating the actual number of victims is very
difficult to do.
Another
constant, abusive rents. Rents are another means of pressure used against
prostitutes. The Aspasie Association mentions that there are no less than 200
victims of unfair rents in Geneva in 3 years. Most leases available are owned
by half a dozen people who pull the prices up. A case is pending in this
regard. In Zurich, Hungarians are crammed into several rooms which can cost up
to 2,200 .
Organized networks, but a traffic difficult to quantify
The
FEDPOL also said in its annual report that "the sex trade, which is a
lucrative business, attracts many criminals." Trafficking networks are
characterized by their country of origin, which are large enough to be
differentiated in procedures. Thus Hungarian networks are a family business
(father – son), Bulgarian networks more professionalized and split according
to their specialization (abduction, recruitment, transportation), collaborating
with other criminal groups and their activities are not confined to the only
human trafficking. Dozens of Thai women are trafficked into prostitution in
different cantons; criminal groups lie to them about the type of activity,
confiscate their passports upon arrival, and force them to repay their travel
debt. But it is "impossible to estimate the actual extent of the
phenomenon" (FEDPOL-FDJP, 2012).
According to the 2013 U.S. Department of State Report on Human Trafficking, the
Federal Police cites the number of potential victims of trafficking residing in
Switzerland between 2,000 and 3,000, emphasizing that women and minor asylum
seekers are particularly vulnerable to sex trafficking. The government has
officially recorded 60 victims trafficked for prostitution in 2012.
Drive-In or Parking Meters
To
make the prostitution phenomenon presentable, it is arranged, hidden,
attenuated, and moved away. In Zurich, the city held a referendum for or
against the installation of a "sex drive" to the prostitutes of
Sihlquai (Zurich area), in order to calm the discontent of people exasperated
by the comings and goings of customers. Project cost: 2 million ($2.6 million
USD), plus 240,000 ($322,247 USD) of maintenance. Private activity therefore
funded by taxpayers' money. This drive-in prostitution with individual boxes
and parking will, of course, be well monitored by the nearby police, each
individual location will be equipped with an alarm/emergency button in case
things do not go as planed... The project was approved by 52.6%. Of course, it
is the districts most affected by street prostitution, which largely supported
these developments (approval votes accounted for 65%) which are scheduled to
open in August 2013. On the contrary, it is in the district, where the boxes
will be installed, that most people have disapproved this project (rejection
votes accounted for 64%). Eventually everyone or almost everyone was for these
measures, but especially not in front of their houses. The centuries pass,
behaviors remain ... These boxes will be open from 7 pm to 5 am in line with
similar experiments carried out previously in Germany. Mixed experiences, like
those in Dortmund from 2011, where these facilities were dismantled because
they attracted serious crime. Around the main station of Zurich, the city has
installed parking meters for prostitutes who must pay a night tax to perform in
a limited space: 4 ($5.36 USD) for the whole night, in addition to the
registration fee (33 , $44 USD) to the municipal authorities.
There
are countless escorting sites promoting the "sex tours" with stays or
prefixed services to order that can be added to the itinerary: 6,000 Swiss
francs for the trilogy Germany, Switzerland, Austria (The Morning, January 1st, 2012) or any other form of
commercial promotion as institutions that perform "all-inclusive"
services for transient guests, businessmen, or tourists interested. Geneva
alone counts a dozen upscale agencies.
Convictions in a mess
On
one side, the organization of prostitution is a flourishing business, on the
other side, however, the crime is present. Police and justice are still faced
with some high-profile cases during the year 2012. Thus, an international
network was dismantled: fifty women and transgenders from Thailand were forced
into prostitution in several German-speaking cantons of Bern, Lucerne,
Solothurn, Thurgau, and Zurich. Seven people were arrested, including the head
of the network, a 42 year-old Thai who had a permanent residence permit in
Switzerland and exploited victims since 2008. It is thanks to the testimony of
one of the victims that police were able to complete their investigation. There
were multiple charges, including that of incitement to prostitution." The
network operated in a well-known fashion: part of sexual services was used to
repay debt travel of victims and another part returned to the owner - operator
of the shop.
Another
case, more modest in size but equally revolting, includes two Hungarian procurers,
the father and son, who were sentenced to 7.5 years and 3.5 years in prison for
incitement to prostitution, human trafficking, forced sexual behavior, and
bodily harm. They exploited three Hungarian victims who were forced into
prostitution on the streets of Zurich.
In
Ticino, the "domino" operation conducted by the police and the Public
Prosecutor has led to the closure of establishments. With twelve closings
alone, nearly 170 prostitutes were found in an illegal situation. 89 of them
were from Romania, but victims from South America, the Caribbean, or from
moving operations that past first through Spain and Italy were also identified
during the operation. The owners of these establishments were all from Ticino...
Of 32 in this district, the number of brothels closed was nine, while five of
them were placed under observation and 11 "closed" by themselves. We
cannot mention here, as the list is long, the number of establishments or
owner-operators closed or worried about the facts of encouraging prostitution.
In
March, the director of two Fribourg cabarets appeared in court for trafficking
and encouraging prostitution of 305 young "artists," most of them
originating in Eastern Europe. Paid according to the number of bottles sold to
customers, papers confiscated, the excessive rents, and fines galore, some
victims found themselves with "negative earnings" at the end of the
month. Only convicted of incitement to prostitution, the innkeeper was
sentenced to 22 months of imprisonment. The court verdict is puzzling:
"(...) prostitution is only slightly encouraged in its facilities, but not
obligated of anyone, artists were systematically cheated of wages, metered and
sneaky (...)." Worse, the presiding judge has strongly criticized an
instruction to "only charge" and granted the accused a compensation
of approximately 5,000 ($6,719 USD) in moral damages following accusations
that have "destroyed" the reputation of the tavern. For the
prosecutor in charge of instruction, the lack of victim in court, as the
Ukrainian victim returned home, weighed heavily in the court verdict.
Towards the end of the cabaret artist status
The
Federal Office for Migration, in a letter earlier this year to the authorities
of the cantons and cities, said that "trafficking in human beings for
sexual exploitation is a phenomenon that occurs in the erotic environment. It
is therefore possible that victims of trafficking... are forced into prostitution...
in our country." The Federal Council was considering removing the special
status of entertainers, which seems to open doors to trafficking for sexual
exploitation, for foreign nationals from outside the European Union. Though 11
cantons have already repealed this statute, nearly a thousand licenses have
been granted in 2011 (403 for Ukraine, 272 for the Dominican Republic, and 98
for the Russia). The government believes that status no longer protects
trafficking victims mainly because of the debts accumulated by individuals, who
are then forced into prostitution to repay debts. Many associations are opposed
to this measure, which they believe will promote illegal prostitution and put
people in a situation of greater vulnerability. The cantons that have already
abolished the status seem to be praised. This government project was still
under discussion in late November.
Aid to victims and initiatives
According
to the report of the 2013 U.S. Department of State Report on Human Trafficking,
the protection of victims of trafficking, who testify in court cases against a
network, is developed. 155 victims were assisted by associations during the
past year. In addition, the government launched in October a plan of action
against trafficking with a number of new measures to fight against this
scourge, such as programs to identify and protect victims, practical guides etc.
It
has now been three years since the process for penalizing customers of
prostitutes aged 16 to 18 was launched, but it remains without fruition at the
federal level. If the cantons have well changed their laws to ban directly, the
signal sent by the authorities remains unclear. The U.S. Department of State report
does not fail also to classify Switzerland in tier 2, the group of countries
that do not meet the "minimum standards" to eradicate human
trafficking in their territory. Although the state supports many NGOs and
victims where necessary, the networks continue to bring young women, including
Eastern European women, for the purpose of prostitution.
Sources
- Bailat L., La
Suisse va interdire la prostitution des mineurs , Le Matin, March 16th, 2012.
- Bugnon G.,
Chimienti M., Chiquet L. (avec la coll. de), March du sexe en Suisse :
Etat des connaissances, best practices et recommandations – Volet
1 : Revue de la littrature, Sociograph, n.5a/2009, Geneva :
University de Geneva, 2009.
- Bugnon G.,
Chimienti M., Chiquet L., Eberhard J. (with the collaboration of), March du
sexe en Suisse : Etat des connaissances, best practices et recommandations
– Volet 3 : Mapping, contrle et promotion de la sant dans le
march du sexe en Suisse, Sociograph, n.7/2009, Geneva : University de
Geneva, 2009.
- Bugnon G., Chimienti M., Chiquet L., March du
sexe en Suisse : Etat des connaissances, best practices et recommandations
– Volet 2 : Cadre lgal, Sociograph, n.6a/2009, Geneva :
University de Geneva, 2009.
- Canton of Vaud, Expos des motifs et projets de loi –
08_MOT_057, June 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Duby V.,
C'est la crise chez les prostitues , Le Matin, April 3rd, 2012.
- Duperron A.,
La Suisse, ce pays o l'on peut se prostituer 16 ans , LExpress.be, April 17th,
2012.
- Federal
Council of the Swiss Confederation, Prostitution des 16 18 ans : les
clients bientt passibles de poursuites pnales , Federal Department of
Justice and Police (FDJP), Statement,
July 4th, 2012.
- Federal Office
Police (FEDPOL), Federal Department of Justice and Police (FDJP), Swiss
Confederation, Lutte de la Confdration
contre la criminalit - Rapport annuel 2011, June 2012.
- Fldhzi A., "Traite des femmes" et
prostitution, Djeuner sociologique, January 21st, 2009.
- Fldhzi A., Chimienti
M., Bugnon G., Favre L., Rosenstein E. (with the collaboration of), March
du sexe et violences Genve , Sociograph,
n.2/2007, University of Geneva, Faculty of Economics and Social Sciences, Department of Sociology, 2007.
- Fldhzi A., Prostitu.e.s, migrant.e.s, "victimes
de la traite" : analyses de la construction du march du sexe en Suisse,
Doctoral thesis, University of Geneva, N.SES 724, 2010.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
-Maurisse M., Des sex-tours passent par la Suisse , Le Matin, January 1st, 2012.
|
Tanzania
|
- Population: 47.7 million
- GDP per capita (in US dollars): 609
- Republic
- Human Development Index
(HDI): 0.476 (152nd rank among 187 countries)
- Gender Inequality Index
(GII): 0.556 (118th rank among 147 countries)
- Member of the African Union
since 1964.
- No official national
statistics on prostitution.
- Average age of victims
of prostitution is between 12 and 17 years old.
- Prostitution is
particularly present in Dar es Salaam, Arusha, Tanga, Mtwara and Iringa.
- There are at least 15,000
clients each evening in Dar es Salaam.
- The anti-trafficking Law
of 2008 prohibits all forms of trafficking, including those for the purpose of
sexual exploitation or prostitution.
- Sex tourism is located
mainly in Zanzibar and Pemba, two islands of the Indian Ocean.
- Country of origin,
transit and destination for human trafficking, especially with the purpose of
sexual exploitation.
Tanganyika
obtained its independence from U.K. peacefully on December 9th,
1961. Zanzibar Island received its own liberation in December of 1963. In April
1964, Zanzibar came together with Tanganyika in order to form the United
Republic of Tanzania. With eight international borders and a wide coastal strip
along the Indian Ocean, the United Republic of Tanzania is a source country
that serves as both a point of transit and destination for victims of human
trafficking for the purpose of sexual exploitation.
Few statistics
or reliable information on the nature or the pervasion of sexual exploitation
is readily available, due to cultural taboo surrounding the subject. In Dar es Salaam,
Arush, Tanga, Mtwara, and Iringa, prostitution remains nevertheless
particularly present (Daily News, April 7th, 2012). According to research done
by the Ministry of Health and Social Affairs, at least 15,000 clients use the
services of prostitutes each night in Dar es Salaam. Sex tourism is heavily
present in Zanibar and Pemba, two islands situated in the Indian Ocean (Tanzania
Daily News, April 7th, 2013). The prices vary by night, and
range between 20,000 and 50,000 TZS ($13 to $30 USD) (AllAfrica, 6 aot 2012).
In large
cities, prostitution takes place in cars or in hotel rooms, while in rural
zones, prostitution is practiced openly on street corners, in construction
sites, or in fields. The main clients, who are often aggressive or violent, are
a mix of tourists, entrepreneurs, police officers, and bureaucrats. By and
large poverty appears as the main cause of prostitution in Tanzania, even
though the Tanzanian economy has been experiencing a period of continued growth
for the last few years. Despite this growth, the countrys Human Development
Index stood at a low 0.476, which placed it 152nd out of 187
counties analyzed.
The legal framework
On the
international level, Tanzania has adopted multiple legal conventions. In 1991,
the country ratified the Convention of the United Nations relative to the
rights of children. Twelve years later, the country began to adhere to the
facultative protocol concerning the sale of children, child prostitution, and
child pornography. The country also ratified the African Charter on the rights
and well being of children.
In 2006,
Tanzania ratified the United Nations Convention against transnational organised
crime, including the Protocol to prevent, suppress and punish trafficking in
persons, especially women and children.
The most
important Tanzanian law against human trafficking dates back to 2008.
Prohibiting all forms of trafficking, including the transport or accommodation
by third parties, the law allows for legal infractions up to twenty years of
imprisonment and a maximum fine of 150 million TZS ($9,000 USD) (Protection Project,
2010).
Though it is
often difficult to find direct proof that those who stopped by police sell
sexual services, prostitution itself remains illegal in Tanzania (SAHRINGON, 2012).
Even though
the law has been on the books since February 2008, Tanzania has yet to fully
apply the law in its full force due to poor communication between ministries
and incomplete understanding of the human trafficking phenomenon. The law of
2008 aimed to create a committee for the fight against human trafficking, as
well as a governmental secretary, but a lack of complete understanding stalled
the project three years. Within this system, in addition to problems of
communication and understanding, bureaucratic complexity adds an additional
barrier to progression. In June 2010, the Chair of the Committee against human
trafficking was transferred from the Ministry of Foreign Affairs to the
Ministry of Social Affairs. To complicate the situation even further, the
minster of the Interior continues to hold the responsibility of applying the
law against human trafficking. By 2011, the committee against human trafficking
and the Secretariat remained disjointed. In practice, those ministries in
charge of fighting against human trafficking are starved of funding to fulfill
the initiatives they were set out to achieve (U.S. Department of State, 2012).
Beside the
landmark legislation of 2008, the Tanzanian government has not adopted much
additional legislation. The law dealing with sexual infractions passed in 1998
prescribes sentences for those involved in sexual exploitation of children
under 18. A clause of the law regarding the treatment of children passed in
2009 explicitly prohibits the acquisition of a child for the purpose of sexual
exploitation, whether it be acquisition inside or outside of Tanzania.
Prostitution in Tanzania
Tanzanian
victims of human trafficking for the purpose of sexual exploitation are most
often in their current situation due to other Tanzanians. They can also be
victims in other countries such as Mozambique, Ethiopia, South Africa, Uganda,
Yemen, Oman, the United Arab Emirates, Saudi Arabia, the United Kingdom,
France, and the United States (U.S.
Department of State, 2012). Internal cases of human trafficking in Tanzania
are more prevalent, according to the 2012 report conducted by the Legal and
Human Rights Centre (LHRC) (AllAfrica, August 6th, 2012).
Those who are
trafficked into Tanzania for the purpose of sexual slavery may originate from
Burundi, Kenya, Malawi, Bangladesh, Nepal, Yemen, or India (U.S.
Department of State, 2013). A majority of the victims are nevertheless of
Tanzanian nationality, who come from Mwanza, Ingida, Kilimanjaro, Iringa,
Mbeya, Mara, Shinyaga and Karega, according to a report published by the
International Labour Organization (ILO). While it has become an option for
divorced, childless women, prostitution within the country affects girls
between the ages of 12 and 17 to the largest extent (Daily News, April 7th, 2012).
Tanzanian
victims of prostitution are for the most part illiterate; many among them have
never been to school. They generally come from poor families, with parents who
are separated or divorced. Before their abduction, many of them live in rural
zones affected by alarmingly high levels of financial destitution.
According to
the 2012 report from LHCR, family members or the friends of the victims, who
promise a better education or working situation, facilitate prostitution (AllAfrica,
August 6th, 2012). Multiple parents will encourage
young daughters to move from rural areas into city life, in order to find a job
that can help financially support the family. When they arrive in the city, and
are unable to find opportunities for employment[95],
with low levels of education and high levels of social pressure, many turn to
the work of selling their bodies.
Cultural factors directly influence this decision as well, with many
young girls brought waiting marriage to an older man in exchange for a dowry;
the hands of young girls, taken between 12 and 16 years old for marriage, exist
as a bargaining chip for a financially secure life within the country. In this
light, the brutality of prostitution, covered by the cultural mask of early or
forced marriage, exists under the surface of Tanzanian society as a
quasi-legitimate relationship (ILO-IPEC, 2001).
Health and prostitution
Sexual
minorities and victims of prostitution remain the most vulnerable to the
increasingly prevalence of HIV/AIDS. It is estimated that more than 30% of
people who make up these groups have contacted the virus (Tanzania
Daily News, June 19th, 2013). According to the 2012 HIV/AIDS Progress Report, close to
one third of all prostitute victims in Dar es Salaam would test HIV-positive. In
2012, according to a study done by the Tanzania Commission for AIDS (TACAIDS)
the prevalence of HIV/AIDS touches 5% of the population. Close to 1.6 million
people are living with the virus, a number close to 6% of the entire
population. The magnitude of the issue varies widely with respect to one region
or another. The Iringa region is estimated to be have the highest volume of an
infected population, with roughly 14% of all people HIV positive, followed by
Dar es Salaam (8%), and Mbeya (7.9%). Arusha, Manyara, Kigoma, and Kilimanjaro,
have the lowest percentage of an infected population, each below 2% (Business
Times, April 20th, 2012).
Though the
epidemic is generally present in continental Tanzania, affecting all sectors of
the population, the prevalence of HIV/AIDS on Zanzibar Island is much lower
than in the general population (0.6%). On Zanzibar, the epidemic largely
affects vulnerable sections of the population, such as the victims of
prostitution.
According to
the clauses of the 2008 law, it is illegal to discriminate against someone due
to their HIV positive or negative status, and to discriminate against a member
of his or her family. In reality, this clause is often ignored; having
contracted HIV is a basis for large-scale discrimination and marginalization.
Many unscientific beliefs persist on the subject. For example, a person who is
HIV positive may be believed to be cursed by witchcraft. The fear of
stigmatization thus remains the most formidable obstacle to overcome. Numerous
HIV-positive citizens refuse to take antiretroviral drugs, while others refuse
to be tested.
According to a
study released by the International Program for the Elimination of Child Labor
(IPEC) and the International Labor Organization (ILO), 54% of women and young
girls victimized by prostitution admit to not regularly using condoms. However,
at least 80% of those surveyed claimed to be aware of the risks surrounding the
contraction of HIV (Tanzania Daily News, May 22nd, 2013). This is the case
of a victim of prostitution who stated, AIDS isnt the only deadly disease on
the planet. There are so many causes of death. Its better to die of AIDS than
hunger anyways (Tanzania Daily News, April 7th, 2013). Women are
frequently beaten or raped by clients who can include the ranks of police
officers. It has been noted that officers may occasionally use firearms to
threated women with death if they are unwilling to forgo the use of condoms (HRW, 2013).
The state and NGOs against prostitution
On September
10th, 2012 the Tanzanian president qualified human trafficking as a serious
crime (Sabahi,
September 20th, 2012). Nevertheless, according to the 2013 U.S.
Department of State Report on Human Trafficking, the Tanzanian government has
yet to demonstrate the existence of sufficient efforts in the fight against
trafficking and the protection of victims as of 2012. The government is accused
of not taking proactive measures to identify victims within the countys
vulnerable population. It has also not successfully put in place its national
action plan to combat human trafficking. In addition, no public awareness
campaigns regarding the subject was supported or put together by the government
in 2012. The governments anti-trafficking offices have been left without
sufficient financial resources. Due to corruption, government funds have been
redirected (U.S. Department of State,
2013). The index of corruption in 2012 concerning Tanzania stood at 39.1%, as
the highest index level in the East African region after Uganda (40.7%) (Freedom House,
2012).
The legal
system has not adapted to the Tanzanian population. For victims of
prostitution, who may be illiterate, poorly educated, or fear speaking in
public, access remains difficult. Legal documents are written in English, which
presents a language barrier for numerous victims who speak only Swahili. At the
same time, lawyers are often much too expensive for the victims to afford.
These different obstacles, when added together, present a pervasive difficulty
for victims to charge their assailants. In this context, the role of NGOs is
essential; certain organizations aide victims through interpretation services,
by filling our legal documents, or by offering legal counsel during procedures.
At this point, the Tanzanian government heavily depends upon NGOs for providing
help to victims. This help includes prevention, reintegration, education, health
services, and legal advice.
The Kiota
Womens Health Development Organization, working in 10 separate districts in
Tanzania, put numerous structures in place in order to identify and signal
cases of child sexual exploitation.
In the same
way, the Program for Withdrawal, Rehabilitation and Reintegration of Children,
in three regions of Tanzania, aims to prevent child sexual exploitation. After
only four years of existence, the program as helped save 1,200 children from
sexual exploitation.
Sources
- Commercial sex
business flourishes in Dar es Salaam , Tanzania Daily News, April 7th, 2013.
- Human trafficking
takes root in Tanzania , Daily News,
April 7th, 2012.
- Report: a third
of female sex workers in Dar HIV-positive , Business Times, April 20th, 2012.
- Tanzania: Dar es
Salaam leads in human trafficking , AllAfrica,
August 6th, 2012.
- Balile D., Human
trafficking elevated to serious crime in Tanzania , Sabahi, September 20th, 2012.
-
CRIDES/Fondation Scelles, Revue de
lactualit internationale de la prostitution, 2012.
-
Freedom House, Freedom in the World Report: Tanzania, 2012.
- Human Rights Watch
(HRW), Treat us like human beings –
Discrimination against sex workers, sexual and gender minorities, and people
who use drugs in Tanzania, June 2013.
- Kamala E., Lusinde E.,
Millinga J., Mwaitula J., Tanzania
Children in Prostitution: A Rapid Assessment, Investigating the worst forms
of child labour n.2, International Labour Organization (ILO), International
Programme on the Elimination of Child Labour (IPEC), November 2001.
- Mwita S.,
Tanzania: Prostitution – a Growing Menace , Tanzania Daily News, May 22nd,
2013.
- National Network of
Organizations Working with Children (NNOC), NGOs
Report on the CRC on the Sale of Children, Child Prostitution and Pornography
in Tanzania, May 2008.
- Protection Project (The), A Human Rights Report on Trafficking in
Persons, Especially Women and Children : Tanzania, 2010.
- Saiboko A.,
Commercial sex workers fuel HIV/AIDS prevalence – study , Tanzania Daily News, June 19th,
2013.
- Tanzania Commission for
AIDS (TACAIDS), Zanzibar AIDS Commission (ZAC), National Bureau of Statistics
(NBS), Office of Chief Government Statistician (OCGS), ICF International, Tanzania: HIV/AIDS and Malaria Indicator
Survey 2011-2012, March 2013.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- Womens Legal Aid
Centre, Southern Africa Human Rights NGOs Network (SAHRINGON), Tanzania NGOs Shadow Report to CEDAW: the
Implementation of the Convention on the Elimination of All Forms of
Discrimination Against Women, December 20th, 2012.
- HIV and AIDS in
Tanzania, www.avert.org
|
Thailand
|
- Population: 69.9 million
- GDP per capita (in US
dollars): 5,747
- Constitutional monarchy
- Human development index
(HDI): 0.690 (103rd rank among 187 countries)
- Gender inequality index
(GII): 0.360 (66th rank among 147 countries)
- Member of the Association of Southeast Asian Nations
since 1967.
- No official national
statistics on prostitution.
- The practice of
procuring is prohibited for anyone over the age of 16. Committing any indecent
act unto a child under the age of 15 is prohibited. Having sexual relations
with a young girl under the age of 15 is legally considered the same as rape,
even if she is consenting (Penal Code).
- It is prohibited for
prostitutes to solicit a client (law of 1996).
- Prohibition of
prostitution in entertainment establishments, even if the owners of such places
are, in fact, not worried (law of 2003).
- Prohibition of human
trafficking (Law B.E. 25551 enacted in 2008).
- Major destination of sex
tourism.
- Country of origin,
transit, and destination for victims of human trafficking, especially with the
purpose of sexual exploitation.
Thailand
is the best known country internationally in terms of sex tourism, although in
recent years, neighboring countries, such as Cambodia and Vietnam, are also
starting to see foreign visitors flock to indulge in this countrys illegal
activity, thereby contributing to a negative dynamic in Southeast Asia (UNODC, 2013).
Many
prostitutes sell themselves into this activity in order to escape the difficult
conditions linked to low-paid jobs in sectors such as fisheries, textiles, or
ones dedicated to household chores.
Women,
especially young girls from northern Thailand, who come from rural zones where
they do not have sufficient education, are very exposed to prostitution.
Networks
also promise Thai women job opportunities abroad. Brokers, who make proposals
of this kind, use the debt to force the women into selling their bodies in
order to repay it.
Although
the most vulnerable are women and children, studies also show that men and
people with disabilities may also be victims. Others are being administered
illicit drugs and are then removed to end up in a prostitution ring.
In
Thailand, children and adolescents are also involved in sex tourism, as
witnessed by the traffic moved in recent years between Thailand and Burma. For
2012, it is estimated that on average, 20 children per month are victims of
such trafficking. 10% of these children are trafficked and forced into
prostitution in Thailand by their buyers (Mizzima,
December 15th, 2012).
On
September 7th, 2012, four 17 year old high school students were
arrested in a hotel in Bangkok by the police, who are in charge of the
protection of women and children. They explained that they had been encouraged
by friends to enter into prostitution in order to have enough money to go out
at night (Pattaya Daily News,
September 2012).
Thais
are not the only ones to be victims of prostitution. Thailand is a country of
transit and destination for immigrants, notably from China, Vietnam, Russia and
Uzbekistan, trying to escape poverty. These foreign immigrants are particularly
vulnerable because they are undocumented and without money. They often end up
being recruited into prostitution rings. In 2012, three Uzbek women procurers
were arrested. The police were informed by the staff of the United Nations Office
on Drugs and Crime (UNODC), as Uzbek women were forced into prostitution in the
hotel "Grace" in the Soi Nana in Bangkok. Upon their arrival, their
passports were confiscated by the three women at the head of the network, who salvaged
most of the money from the passes with customers (Pattaya Daily News, August 18th, 2012).
The judicial regime applicable to prostitution, establishments
of prostitution, and human trafficking
Thailand has created many laws that render prostitution
illegal.
The Thai Penal
Code
The first is law 17 B.E. 2547, installed in 2003. This law
modified the Thai Penal Code by forbidding a person of more than 16 years of
age to live off of the revenue of prostitution. All violations of the law lead
to punishments of 7 to 20 years of imprisonments to life in prison, and fines
of 14,000 to 40,000 THB ($467 to $1,332 USD) (Title 9 Section 286 of the Thai Penal
Code). The Penal Code also prohibits, in a general manner, all indecent acts
committed against a child of less than 15 years (title 9 section 279), without
clearing defining what an indecent act is. The penalties are imprisonment not
exceeding 10 years and/or fines of 20,000 THB ($665 USD) or less. These
penalties are increased if a threat or act of violence is perpetrated. In such
cases, imprisonment may be up to 15 years and fines amounting to 30,000 THB
($999 USD) are charged. Title 9 Section 277 of the same Code provides that
having sex with a girl under 15 years of age is legally tantamount to rape even if it
is consensual and shall be punished by imprisonment ranging from 4-20 years and
fines of up to 40,000 THB ($1,331 USD). If rape is committed against a girl
under 13 years of age imprisonment is 7 to 20 years up to life imprisonment
and/or a fine of 14,000 to 40,000 THB ($467 to $1,332 USD).
Laws on
prostitution
In Thailand, prostitution has been illegal since 1960. In
1996, a new law was adopted which replaced the 1960 law. It is the main legal
framework in this area. This law defines prostitution. It is forbidden for
prostitutes, under section 5 of the law, to solicit a customer, with a penalty
of being fined more than 1,000 THB ($35 USD). Therefore, the fines to which prostitutes
are exposed are modest. Thus, in the course of a dramatic operation in August
2012 by the police, on the beach in Pattaya Beach Road, 50 prostitutes were
arrested and sentenced to a fine of 100 THB (about $3.38 USD) each. In fact,
according to the police, these periodic arrests function as preventive measures
to prevent sex tourism and to restore the image of Thailand for tourists who
visit the leading holiday resorts (Pattaya
Daily News, Aug. 23rd, 2012). In contrast, the 1996 law imposes
harsher punishments for all those who incite minors under 18 years of age to
engage in prostitution acts. Section 8 of the law states that a customer who
has sex with a prostitute under 15 years shall be liable to penalties of 2 to 6
years imprisonment and fines of up to 120,000 THB (approximately $4,062 USD). Section
9 of the 1996 law increases the penalties for procurers and brothel owners. It
includes convictions for anyone involved in human trafficking for prostitution.
In such cases, the sentences range from 1 to 10 years and fines from 20,000 to
200,000 THB ($666 to $6,656 USD). The penalties are increased by a third if the
victim is a minor. In addition, for the first time, the law provides that
parents who push their children into prostitution are also exposed to
convictions. They may be deprived of parental authority. Customers who engage
in prostitution are not spared by the 1996 law. This is particularly severe in
cases involving prostitutes under 18 years. Customers may face sentences
ranging from 4 to 20 years imprisonment. Fines from 200,000 to 400,000 THB
($6,656 - $13,312 USD) may also be imposed on anyone caught in a sexual
relationship with a prostitute under 15 years (legal age in the country)
(Article 279 of the Thai Penal Code). Thai law is not only a repressive measure.
The courts have, in fact, the possibility of ordering the rehabilitation of the
person who engages in prostitution. In particular they may offer assistance to
be provided by the Department of Social Protection (UNDP, 2012). The legal landscape would not be complete if we did
not say that foreign customers visiting Thailand to practice what is commonly
called "sex tourism" can also be prosecuted in their own country, if
the legislation of the latter provides. Example: a French man traveling to
Thailand to have paid sex is punishable up to 5 years imprisonment and a fine
of 75,000 ($101,467 USD) and 7 years imprisonment and a fine of 100,000
($135,290 USD) if it is with a minor (The
Post, October 9th, 2009).
Laws on
entertainment establishments
Thai law of 1966 on the entertainment was amended in 2003 to
cover a wider range of institutions. The law applies to massage parlors,
karaoke bars, saunas, but also to any place where they sell food, alcohol, tea
or other beverages. The law requires, firstly, that these places are not close
to locations related to religion, education, or health (e.g. hospitals). In
addition, the owners of entertainment venues, as defined in the 2003 law, must
declare their employees to the police. The owner of a place of entertainment
must be at least 20 years and have never been convicted of a sexual offense. In
fact, although the law prohibits prostitution in entertainment venues, the
owners of such sites are, in fact, little worried since there is a corrupt
system of police. It is estimated that only 30% of entertainment establishments
have the necessary licenses and permits (UNDP,
2012).
Laws
concerning human trafficking
In
2008, the law B.E. 25551 was promulgated in Thailand. The law designates the Minister
of the Department of Social Development and Human Security (MSDHS) as the body
responsible for cooperation between national agencies to fight against human
trafficking. Thus two national committees were set up to combat trafficking in
persons. A fund was created to support the prevention and suppression of
trafficking. These provisions have not prevented Thailand from being placed in tier
2 in the 2012 U.S. Department of State Report on Human Trafficking. If the
country was allowed to pass tier 3, it could create tensions in diplomatic relations
between the two countries. Deputy Prime Minister of Thailand, aware of the
issues, informed the U.S. ambassador in Bangkok that Thailand was determined to
do everything possible to eradicate this crime against humanity of human
trafficking. The government has organized on March 29th, 2012 a
meeting with the organization in charge of Social Development, the Ministry of
Human Security, the Ministry of Foreign Affairs, and police officers to discuss
measures to prevent this phenomenon (Pattaya
Mail, March 29th, 2012).
Recent initiatives to curb prostitution in Thailand
In
2012, the Thai police strengthened the controls during holiday periods in
tourist areas with the help of volunteers. Police warn girls about the risks of
HIV/AIDS by selling their bodies to tourists and alert the public opinion about
this phenomenon. Greater action was implemented by the same police to identify
the leaders of prostitution (Pattaya
Daily News, September 8th, 2012).
To
eradicate human trafficking, police cooperated in 2012 with other countries in
order to implement large-scale operations, to fight against trafficking in
human beings and prostitution. For example, in March 2012, Thai and Australian
police cooperated to stop an Iraqi and a Thai in Bangkok, as well as four other
people in Sydney and Melbourne. They had organized a prostitution ring among
several Asian countries, which was made possible through false passports
provided to victims, who were forced into prostitution (Gulf News, March 27th, 2012).
The
country has taken steps to improve the conditions of prostitutes. A national
strategic plan on AIDS was established for the period 2012-2016. They aim to
help people with HIV and inform others of the particular risks. The aim is that
these people can receive adequate social protection and access to medical
facilities. Prostitutes are affected by the plan and benefit from it.
Private
initiatives should also be noted. The worlds largest tourism companies do not
remain inactive. Some have launched with the international NGO ECPAT a joint
project to fight against sex tourism involving children. The partners of the
initiative (Company TUI Travel, Accor, Kuoni Group, and ITB[96])
chose Thailand as a pilot country for the implementation of this project. The
project was produced with the implementation of "A Code of Conduct for the
Protection of Children against Sexual Exploitation in Travel and Tourism"
to take action against the commercial sexual exploitation of children. This
document was signed by more than 1,000 individuals and worldwide organizations.
Voluntarily adhering to this Code of Conduct, members of the tourism industry
are committed to meet the following six criteria: establish an ethics policy,
train staff, introduce a clause related code in contracts with suppliers,
inform travelers on sex tourism, inform key people to the destination, write an
annual report.
Thus,
the initiatives taken by the Thai government and other countries, whose
nationals traveling to Thailand, were established in 2012 on the fight against
sex tourism. Real awareness has been developed both for travelers and hosts of
travellers in Thailand. This sensitization has an awareness of what needs to be
done. Operations in which the Thai government cooperated with other countries
show a willingness to achieve real objectives in the fight against prostitution
and human trafficking in Thailand.
Sources
- Bangkok Schoolgirls Caught for Prostitution , Pattaya
Daily News, September 2012.
- Deputy PM : USA ready to cooperate in
intelligence , Pattaya Mail, March 2012.
- Police Clear Out 50 Sex Workers From Beach Road , Pattaya
Daily News, August 2012.
- Thai, Australia police bust human trafficking ring , Gulf
News, March 2012.
- Tourisme sexuel: que dit la loi? , Le
Post, October 9th, 2009.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Foreign Madams Busted For Sec Trafficking In Bangkok , Pattaya
Daily News, August 2012.
- Thazin M., About 20 children trafficked per month across
Thai-Burmese border , Mizzima, December 15th, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- United Nations
Development Programme (UNDP), Sex work
and the law in Asia and the Pacific, 2012.
- United Nations Office on Drugs and Crime (UNODC), Transnational
Organized Crime in East Asia and the Pacific: A Threat Assessment, April
2013.
- ECPAT Code of Conduct: www.thecode.org
- International Models Project for Womens Rights (IMPOWR): http://www.impowr.org/
|
Turkey
|
- Population: 74.5 million
- GDP per capita (in US dollars): 10,666
- Parliamentary government
- Human Development Index:
0.722 (90th rank among 187 countries)
- Gender Inequality Index:
0.366 (67th rank among 147 countries)
- Current candidate for
admission to the European Union
- No official national
statistics on prostitution
- 3,000 prostitutes in 56
licensed brothels. 100,000 prostitutes on the streets, of which 50% are
foreigners.
- Prostitution is legal in
licensed brothels.
-The Penal Code represses
the incitement to prostitution (article 227), but does not mention the
presumption of consent to prostitution; it insists on the notion of travel,
crossing borders and does not prohibit the explicit form of human trafficking
that takes place within Turkey (article 80).
- Country of origin,
destination and transit for sexually exploited women and children.
- Central point for
prostitution, due to its geographical location: Istanbul as an entry point for
prostitutes coming from Eastern Europe: Belarus, Lithuania, Moldavia, Russia
and Ukraine.
Turkeys
geographical location is a significant factor in the human trafficking for the
purpose of sexual exploitation. Estimated by the 2013 U.S. Department of State Report
on Human Trafficking, Turkey remains an essential source, destination, and
point of transit for sexually exploited women and children. Situated between the East and the Middle
East, the countrys location facilitates internal and external human
trafficking. As a regional hub of prostitution, humans who pass through the
country also end up in Western Europe, in countries such as Germany or France.
Within the black market, criminal networks organize into separate sectors of
illegal activity. Mafias are involved at all level, trafficking drugs, arms, or
prostitution. The money earned from these activities is then reinvested to
promote more effective criminal networks (Armenia
News, February 16th, 2012). Due to the violence of these mafias,
numerous Eastern European networks, including those from Albania, will bring
girls into Turkey in order to break them. Mafias systematically gang rape,
starve, imprison, and beat them into submission (French National Assembly,
2011). After going through this form of torture, girls are more likely
to consider their livelihoods in Western Europe bearable.
Despite a
Muslim majority, prostitution is tolerated in licensed brothels. With the rise
in power of the countrys Justice and Development Party (AKP), headed by the
Prime Minister Recep Tayyip Erdogan, who supports the reintegration of Islam
into the countrys politics, the government has stopped distributing licenses
to brothels.
Turkish brothels and hidden prostitution
Though
prostitution has been legal in licensed brothels since 1923, article 227 of the
Penal Code punishes incitement to prostitution with 2 to 10 years of
imprisonment, depending on the circumstances of each case. In 2012, the Turkish
Ministry of Health revealed that an estimated 3,000 prostitutes work legally in
licensed brothers, while an estimated 100,000 work illegally. In addition to
this finding, the Ministry estimated that half of all illegal prostitutes are
of foreign origin. The image of a moderated and pious Islamism, which the
government hopes to show, does not coincide with the brothels along Zrafa road
in Istanbul. The Ministry of Health continues to refuse granting licenses,
under diverse pretexts. Susan, who is 50 years old, found herself obliged to become
a prostitute, after leaving her alcoholic husband. After having 6 children with
her husband, she was unable to feed them without selling her body. In 2012, she
submitted an application to the Turkish Ministry of Health, in order to open
her own brothel. Refused due to a lack of space her case represents the
governments will to clean up the country by eliminating brothels and
repressing prostitutes without offering them protection or proper
identification. For the last few years, the AKP has targeted the sex industry,
as shown by the 1994 election of Ibrahim Melin Gokcek, the mayor of Ankara.
Since 2008, the mayor of Ankara successfully closed more than half of the
brothels which were operating in the city (Pulitzer
Center, May 16th, 2012). With prostitutes having no other place
to carry out their activities, prostitution moved to more hidden locations,
such as hotels, massage parlors, night clubs, villas, and boats. In this
context, it is interesting to note The Savarona yacht affair, in which a
prostitution network was housed and directed by Tevfik Arif, a partner of
Donald Trump in 2011 (7 sur 7, September 30th, 2010).
When the police raided the yacht, agents found 10 Ukrainian and Russian
prostitutes, 8 men involved in prostitution networks, and 4 clients. Of the
clients, the police arrested Russian, Kazak, and Kyrgyz businessmen.
The prostitution of minors
Child
prostitution has grown significantly in Turkey. Children, who run away from
their homes due to violence and abuse, are found by procurers on the street,
and forced into prostitution. Though inciting children to prostitution remains
illegal, the legislative protections offered to minors are incomplete, most
notably when they are tried under the countrys previous Penal Code. In 2006,
the Turkish Penal Code was modified, to include a definition of human
trafficking. At this time, there existed a presumption of consent to
prostitution from the minor, which was difficult to legally fight, giving way
to highly criticized judicial decisions. Under this code, clients could be
freed of all charges, including rape, as long as the victim could be presumed
consenting. It was in this context that the Turkish Supreme Court judged a
13-year-old prostitute to have given consent to sell her body in 2012. During 7
months, working for two employers situated in Mardin (The Human Rights Brief,
February 10th, 2012), 26 men purchased sex from the girl in
question. Tried under the Penal Code that existed before the revision of 2006,
each of the 26 men in question were given reduced prison sentences ranging from
1 to 6 years. Within a majority of countries, these acts would have been
considered rape. The Supreme Court decided otherwise, judging a 13 year old
capable of giving consent for prostitution. Thanks to the tireless effort of
the Turkish parliament, following international critique, the countrys new Penal
Code eliminated doctrines that presumed consent to prostitution.
Prostitution and transsexualism
Although
homosexuality is not legally punished in Turkey, discrimination toward
homosexual and transsexual persons, and homophobia, have risen considerably
since the AKP came into power. They are often rejected and stigmatized by
Turkish society, left unable to find a job that can sustain a decent living. In
order to eat and survive, transsexuals are often forced into prostitution as a
result. Without protection or legal rights, they often become the victims of
violence carried out by police or everyday citizens. Throughout the last few
years, with the government making no effort to curb the violence, the level of
assault and murder of transsexual prostitutes has risen steadily. In February
2012, according to Şevval Kilic, a militant and member of Kadn Kaps
(The Womens Door), a place of welcome and assistance for Turkish prostitutes, most
of whom are transsexual, since the beginning of the 2000s, violence towards
sex workers has increased drastically, with a specific increase in the number
of murders of transsexuals, which has reached a level unseen in the 1980s or
1990s (Article 11, February 29th,
2012). This phenomenon of violence toward transsexuals in Turkey becomes
apparent when reading the news from 2012, which reported multiple instances of
transsexual prostitutes turning up slaughtered, stabbed, dismembered, or
decapitated. In March 2012, in the Izmir region, police found a transsexual
decapitated and dismembered. In the month of October, Sehap Gunesar, a
25-year-old transsexual, was found dead in Antalya. Throughout 2011, more than 40
transsexual prostitutes were slaughtered for their work. Given that no action
has been taken, prostitutes continue to suffer from verbal and physical
violence. Police take part in the scandal as well, and will beat or arrest
prostitutes for disturbing the peace. If the police do not assault them
physically, they often force prostitutes to pay a 179 TRY ($60 USD) fine, even
though the girls often earn only 50 TRY ($22.6 USD) per client (Al-Monitor, December 27th,
2012). A situation of extreme violence which further marginalizes them, these
incentives drive prostitutes to accept a wide range of services in order to pay
potential infractions. Police have put themselves into the position of procurers,
taxing prostitutes under the guise of maintain public order.
The Natacha phenomenon
Istanbul remains the principal point of entry for Natacha a name given
to prostitutes from Eastern Europe. Since the fall of the Soviet Union,
countries such as Belarus, Lithuania, Moldova, Russia, and Ukraine have become
the principal supply of women and children, to states with a demand for
sexual services (OSH, 2011).
Graphic
1:
Origin countries of sexually
exploited women in Turkey (September 15th, 2011)
Source:
International Organization for Migration, 2011
As victims,
these women are often young adults or minors.
Graphic
2:
Profile of victims by age (September
2011)
Source:
International Organization for Migration, 2011
With the difficulties posed in finding a truly accurate number, the true
number of young women affected is much higher than that published by human
rights organizations.
In 2012, Ric
Esther Bienstock, a Canadian director, put together a report in Ukraine and in
Turkey on human sex slave trafficking between the two countries (Turquie Europenne, Second quarter 2012).
Horrible conditions push numerous women to try their luck in foreign countries,
most notable Turkey. Hoping to gain better work and a better future, these
women often have their passports confiscated once they enter Turkey. After they
are beaten and raped, they are sold as prostitutes and dispersed across the
entire country. This type of human trafficking is estimated to be common in
Turkey, and to take place with the complicity of Turkish police. Filmed with a
hidden camera, the video shows the director of a large procuring network,
Pasha openly selling girls in full view of the police. Katia, a pregnant
woman, was sold in Turkey, though she had only entered the country with a
friend of her husband to buy cheap goods for her business. It became clear that
the trafficker regreted his decision to sell the woman, contacted her husband,
and gave him direct information on how to find her. The indifference on behalf
of the police is striking, considering the abuse these women undergo, and the
legal extradition that results when victims from Ukraine are caught. In order
to appear active in the fight against prostitution, Turkey has put in place
numerous education and training programs with regard to human trafficking. In
2012, the authorities investigated and arrested a member of the military, a
sergeant, and a police office for their work in human trafficking (U.S. Department of State, 2013). When
compared to the past system, this cases appears as a direct advancement in the
fight against government involvement in the business of selling humans. In
order to raise awareness in the Turkish population, a toll-free hotline and a
public campaign have been launched. The telephone number 157 is there to alert
authorities of the existence of forced prostitution. Even with this line to
call, few victims decide to call the number for help. Most often, those who
call are the clients who, out of pity, want to help free young girls from their
sexual confinement. In 2012, the government put forward $150,000 USD in order
to fund the telephone line, and its marketing campaign throughout the country.
Today, 157 appears on Internet sites, in airport terminals, and on numerous
national television programs. Dr. İlknur Altuntaş,
a Turkish judge, launched a similar awareness campaign entitled Have you seen
my mother? In this program, 4 children from eastern countries are looking for
their mothers, who have been sold as sex slaves in Turkey. To be effective, Dr.
İlknur Altuntaş campaign strives to show
the real world effects of prostitution on the countrys most vulnerable
population. According to the IOM, 1 woman for every 3 who works in prostitution
has a child.
In
Turkey, certain prostitution networks take part in espionage to obtain
information on a country that they often consider as an enemy. Within the
Turkish armed forces, a gang of spies is believed to have used the services of
a prostitution network in order to obtain classified defense information. In
2012, an investigation into the Turkish armed forces allowed the government to
compile an updated list of infiltrated spy organizations, who had themselves
compiled a list of the personnel for the Turkish Scientific Research and
Technology Counsel (TUBITAK) (Nouvelles dArmnie,
February 9th, 2012). Colonel Ibrahim
Serzer and a 25-year-old student were organizing parties for high-level Turkish
government officials, and had directly invited prostitutes. Those who took part
in the party were specially imported from Eastern countries. Paid sexual
relations were filmed, which allowed the networks to sell the videos back to
the clients in exchange for classified information. 300 government workers were
involved in the affair, and 51 people were arrested, including 22 prostitutes (Kawkaz Center, June 21st,
2012).
Ineffective protection for human trafficking victims
Considered
criminals rather than victims, those trafficked into the country receive
minimal social or legal protection. The women who are caught are often arrested
and sent directly back to their country of origin. In order to understand the
extent of this practice, a quick glance at the Turkish press from 2012 will
suffice. In November 2012, Susanna and Karine, prostitutes from Armenia, were
arrested in a brothel in Focha Fethiye (News from Azerbaijan, November 13th, 2013). Outside of an associate that handles the victims of
forced prostitution, there are no social accommodation or reintegration
programs. Once the association is unable to handle additional prostitutes in
need, the women are left to themselves, and will often turn back to the
brothels they escaped.
Even
though article 80 of the Turkish Penal Code incriminates human trafficking,
prosecutions are not carried out well enough by the Public Ministry. In 2012,
the government claimed to have prosecuted 409 persons suspected of human
trafficking, acquitting 232 (U.S.
Department of State, 2013). Judges are nevertheless beginning to condemn
those charged with human trafficking more severely. 47 people were condemned to
prison sentences ranging from 7 to 21 years, a clear rise in severity when
compared to the previous year, 2011. During this time frame of relaxed judicial
punishment, the most severe sentence for human trafficking was 8 years of
incarceration.
Article 8 insists on the notions of transport and border
crossing, but does not explicitly prohibit human trafficking that takes place
inside the countrys borders.
Those
who recruit, abduct, transport, or transfer or harbor persons for the purpose
of subjecting to forced labor or service, prostitution, enslavement or for
removal of body organs, by getting their consent by means of threat,
oppression, coercion or using violence, persons shall be sentenced to
imprisonment up to eight to twelve years and a fine correspond to 10,000 days.
Source : Turkish legislation, Counter trafficking : www.countertrafficking.org/laws.html
Despite the wording of the article, certain efforts are being carried out
in order to protect victims inside the country. In order to make the fight
against human trafficking more effective, the Minister of the Interior
authorized the issuing of a humanitarian visa for trafficked victims. These
visas are issued if the women do not wish to immediately return to their home
country, or if they agree to testify against their procurer in court. An
association was established to house victims, and a toll-free number (111) has
been opened to receive the calls of victims who need help. In 2012, the Turkish
branch of the European Womens Lobby (EWL) came together to promote and develop
their unified position on prostitution to the European community. In order to
raise awareness of the issue numerous campaigns have been launched in the
Turkish community. Moreover, the government invested $570,000 USD in 2012 in
order to finance associations that aid victims. This aid was given, despite the
fact that help services and lodging accommodations remain financially unstable
(U.S. Department of State, 2013).
By offering
the victims the possibility of integration and amnesty, Turkey can further
strengthen its fight against human trafficking. A revision of the Penal Code is
also necessary, in order to include internal human trafficking as a punishable
offence. From that point forward, the judicial system would be able to increase
its prosecution of human traffickers, and rein in the growing number of
criminal networks ravaging the country.
Sources
-
A Istanbul, les travailleuses du sexe sont des cibles vivantes , Article 11, February 29th,
2012.
- Armenian prostitutes arrested in Turkey , News from Azerbaijan, November 13th,
2013.
-
Esclaves sexuelles en Turquie : un reportage qui drange , Turquie Europenne, 2nd
quarter 2012.
- Le yacht dAtatrk utilis par un rseau
de prostitution , 7 sur 7,
September 30th, 2010.
- Turkey.
Large spy network with predominantly prostitutes unmasked , Kawkaz Center, June 21st,
2012.
-
Un gang despions militaires en
Turquie qui recensait les Armniens , Nouvelles dArmnie, February 9th, 2012.
- Bousquet D. (President), Geoffroy G. (Rapporteur), Rapport dinformation par la Commission des
lois constitutionnelles, de la lgislation et de ladministration gnrale de
la Rpublique, en conclusion des travaux dune mission dinformation sur la
prostitution en France, French National Assembly, n.3334, April 13th,
2011.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la
prostitution, 2012.
- Curtis R., The Case of N..: A Turkish Childs Presumed Consent to Prostitution ,
The Human Rights Brief, February 10th,
2012.
- Hayrapetyan T., Turkish
drug mafia conquers Europe, Armenia
News, February 16th, 2012.
- Johnson G., Transgender Killings rise in Turkey , Al-Monitor, December 27th, 2012.
- Sussman A., Turkey :
the brothel next door , Pulitzer
Center, May 16th, 2012.
- U.S. Department of State, Trafficking in Persons Report, June 2012.
- U.S. Department of State, Trafficking in Persons Report, June 2013.
- Yildiz F., The Scopes of Human trafficking in
Turkey from the past to the present, Observatorio Segunrana Humana (OSH),
September 12th, 2011.
- European Women Lobby (EWL) : http://www.womenlobby.org/?lang=fr
- Turkish legislation, Counter trafficking : www.countertrafficking.org/laws.html
|
Uganda
|
-
Population: 35,6 million
- GDP per capita (in US dollars): 547
- Presidential
republic
- Human development index
(HDI): 0.456 (161st rank among 187 countries)
- Gender inequality index (GII): 0.517 (109th
rank among 147 countries)
- Member of the African Union since 1963.
- No official national statistics on prostitution.
- Close to 18,000 child prostitutes, average age of victims
is between 14 and 17 years old (2011).
- The Penal Code prohibits prostitution.
- The Prevention of Trafficking in Persons Act of
2009 prohibits all forms of sex trade and tourism.
- Sex tourism mainly located in Kampala nicknamed the
resourceful.
- Country of origin and destination for human trafficking
with the purpose of sexual exploitation.
- Trade of Ugandans with purpose of sexual exploitation
towards many countries: India, Thailand, China, Malaysia, Afghanistan,
Indonesia, United Arab Emirates, the United Kingdom, Greece, Poland, Iraq,
Egypt, Qatar, South Sudan, Kenya, South Korea, and the United States.
Surrounded by
Rwanda, the Democratic Republic of Congo, and Sudan, all countries that have
been ravished by civil war, Ugandans have experienced few years of calm since
their independence in 1962. Milton Obote, who took power in 1980 after the
dictatorship of Idi Amin Dada, triggered 6 additional years of civil war. In
1986, Yoweri Museveni, who was reelected continuously up until the elections of
2011, took control of the nation by force. Since the beginning of his post,
despite a peace agreement signed in 2008, Uganda experienced direct conflict
with the Lord Resistance Army (LRA) in the north of the country. The
International Penal Court has, since 2005, targeted the commander of the LRA,
Joseph Kony, for crimes against humanity. Konys organization is estimated to
have kidnapped, to this day, 30,000 children to become the sex slaves of
soldiers. During the hunt for Kony and the LRA, the Uganda Peoples Defense
Force charged the organization with numerous sexual exploitations of Ugandan women
(Centre dEtudes de Recherches
Internationales, March 2nd, 2012).
For a country
on the path to reconstruction, the long civil war remains a strong impediment.
72% of the population lives on less than $1.25 USD per day, despite an average
annual GDP growth of 6.3% since 2011. In 2010, the unemployment rate stood at
7%, a number comparable to OECD members (Word
Press, May 4th, 2012).
Though it
remains difficult to measure the pervasiveness of sexual exploitation in
Uganda, it must be concluded that the problem of prostitution has become more
severe over the last few years, most notably for child workers. Shown by a study
conducted by the NGO Uganda Youth Development Link (UYDL), child prostitution
continues to increase steadily. While it was estimated in 2004 that the number
of children involved in nation-wide prostitution stood at 12,000, by 2011 this
number had grown to 18,000 (Africa Review,
October 10th, 2011). In addition to this growth within the industry,
the study also concluded that 88% of victims forced into prostitution were not
attending school, and had stopped before finishing primary education (New Vision, March 24th, 2012). Closely related to
this finding, most victims working on the streets of Uganda are between the
ages of 14 and 17, and 80% of all children were living without parental
supervision. With an extraordinary number of children living as the victims of
criminal networks, child prostitution exists as an integral part of the
countrys system of sexual trafficking. As most are transferred from rural
areas, destitute of a decent living, toward urban areas, with the hope of
bettering their economic standing, these children become the victims of the
black market, in which the demand for child sex is increasing (Africa Review, October 10th,
2011).
The legal framework
As a general
overview of legal agreements, Uganda has signed both the Convention of
Elimination of All Forms of Discrimination with Respect to Women, the
International Pact of Civil Rights, and the African Charter of Human
Rights.
The Ugandan Penal
Code allows for up to 7 years imprisonment for those who participate in
prostitution. According to article 138 of the Penal Code, only those who are
prostitutes can be charged for committing a crime, regardless of whether or not
they are the victims of human trafficking. In this manner, the Penal Code frees
all clients of legal responsibility, and does not consider them to be taing
part in criminal activity. According to article 136, procurers, owners of
brothels, human traffickers, and all those totally or partially dependent on
revenues generated from prostitution, are liable to indictment (BBC News, March 25th, 2008). What this shows is
that all those who stand to benefit financially from prostitution, including
the parents or children of the sexually exploited, run the risk of criminal
punishment under the current Ugandan system (Tamale, 2011).
As the
enforcers of this legal framework, the Ugandan police often apply the law in an
unorthodox manner. Even though the arrest of prostitutes is not the main objective
of most criminal investigations, those who are arrested are often subject to
police brutality. Such violence from the authorities toward exploited victims
occurs daily, and can take the form of rape or direct application of pepper
spray onto the victims genitals (Thomson Reuters Foundation, September 13th, 2012).
When regarding the practical impacts of the countrys legal system, the
law appears as a tool for harassment and abuse on the part of the police,
rather than a means of protection for Ugandas most vulnerable. (RH
Reality Check, July 16th,
2012)
In addition to
these abuses of the law, the Countrys Immigration Act prohibits foreign female
prostitutes from working in the national territory. As a direct result of this
legislation, women and children who are forced into the country in order to become
sex slaves can be convicted for their situation, forced to spend time in prison
or pay a fine (Daily Monitor, May 30th, 2007).
The Ugandan
government adopted in 2009 the Prevention of Trafficking in Persons Act (PTIP),
prescribing to all forms of trafficking a sentence between 15 years and
lifelong incarceration. Compared to 4 proceedings in 2011, the number of
citizens charged under this act rose to 28 by the end of 2012. Nevertheless, it
must be noted that the last judicial conviction occurred in 2009 (U.S. Department of State, 2013).
Ugandan women as foreign prostitutes
Human
trafficking with the aim of sexual exploitation involving Ugandan women is a
stark and worrying reality. In 2010, the main countries known to receive women
from Uganda were India, Thailand, China, Malaysia, Afghanistan, Indonesia, the
United Arab Emirates, the United Kingdom, Greece, Poland, Iraq, Egypt, Qatar,
South Sudan, Kenya, South Korea, and the United States (U.S. Department of State, 2013).
A report
conducted by the International Organization for Migrations (IOM) reported with
scorn the heavy trafficking of Ugandan women into Asian countries. According
the Ugandan Council in Malaysia, 10 to 20 victims are estimated to arrive each
week in Malaysian territory (Slate
Afrique, February 14th, 2013). The director of
INTERPOL in Kampala underlined the near-perfection organization of
international prostitute organizations (Le
Petit Journal, March 27th, 2012). Traffickers go through local
universities and hair salons in order to find their future female victims. By
tempting them with the offers of domestic work and maid work in high-scale
Malaysian hotels, with the possibility of earning over $1,000 USD monthly, many
of them are duped into buying tickets. Once outside of Uganda, the girls find
themselves obligated to become sex slaves in order to repay the costs of their
travel, which can easily exceed $7,000 USD.
Given the poor
economic situation of the Ugandan population, trafficking profit from the
situations of attractive, educated women who are unable to find a job. By
helping them acquire tourist visas in order to move to Malaysia, many cling on
to the false promises of work on behalf of human traffickers. In 2012, a police
unit arrested 60 Ugandan women for having broken national laws. After their
convictions, each of these women was left to fester in Malaysia prison (Slate Afrique, February 14th,
2013). In the south of Pattaya in Thailand, 7 Ugandan women between the ages of
20 and 28 were arrested in the same year. Before their encounter by
authorities, these women earned between $60 and $100 USD per hour. Accused of
roaming with the intention of committing a penal infraction, each was forced to
pay a fine of 1,000 THB ($30 USD) (Pattaya
Daily News, February 7th, 2012).
Despite laws,
which mandate legal punishment of prostitutes, the Ugandan authorities have
demonstrated the desire to help combat human trafficking of Ugandan women for
the purpose of sexual exploitation. In order to help prevent the growth of
prostitution networks, the government put forward a measure to prohibit those
under 35 years old from traveling to China (The
East Africa, December 13th, 2012). In September of 2012, a
petition was presented to the Ugandan parliament by congressman Elijah Okupa,
to expose the plight of more than 150 young Ugandan women who were lured to Iraq
by the promise of employment. 5 young women who were saved from sexual slavery
in Iraq testified in front of the parliament in order to recount the outrageous
abuses they suffered (sexual, psychological, physical) (Make Every Woman Count, December 6th, 2012). In addition
to this measure, in November and December 2012, a delegation of members from
the Committee of Equality of Opportunity within the Ugandan parliament visited
China, India, and the UAE, in order to establish legal mechanisms that would
better the process of identification and repatriation of human trafficking
victims (U.S. Department of State, 2013).
Health and prostitution
Attached
closely to the problem of prostitution is the major problem of HIV/AIDS. The
prevalence of the disease is estimated to be large enough to affect 7.3% of the
Ugandan population. A 2011 study carried out by the American Sexually
Transmitted Diseases Association concluded that close to 37% of the 1,000
prostitutes sampled were HIV-positive. Across the county, the probability of
new cases of infection among prostitutes rests at 15% (IRIN Plus News, November 14th, 2012).
These
alarmingly high numbers are most notably due to infrequent use of condoms. The
fear of legal punishment and the general stigmatization around prostitution
leaves the victims of these transactions unable to negotiate effectively safe
sexual transactions (New Vision, March 24th, 2012). These women are often
unwilling to undergo physical examinations or to follow proper treatment
guidelines. As soon as they are declared HIV-Positive, they will be regularly
refused access to health services. With respect to the Ugandan government,
legislators have yet to put forward a public health program to directly target
those at high-risk for HIV, including those who are prostitutes (IRIN Plus News, November
14th, 2012).
Sex tourism in Uganda
Despite the
law of 2009 that criminalized sex tourism and pedophilia, Kampala has become a
highly frequented pit stop for numerous westerners on the search for foreign
sex. Hundreds of thousands of Ugandans have been victims of sex tourism,
including a considerable number of children. The issue has become so pervasive
that a blog was developed online for tourists to describe their, travel
souvenirs, which included multiple photos of sexual encounters with Ugandan women
(Slate Afrique, February 14th,
2013).
The Activists
for the Federation of Women Lawyers (FIDA), denounces the sex tourism
destroying the lives of many citizens, and continues to prod the Ugandan
government to implement measures to prevent and condemn those who come into the
country for sex tourism. Their cause gained widespread support following the
arrest of Emin B., a 53 year old, serial pedophile, Macedonian man. Stopped on
his way out of the country, Emin B. was found to be in possession of
pornographic materials, including images of children. During his trial, his was
accused of luring young girls to perform sexual relations with him on camera,
in exchange for $1 to $2 USD. These films were soon posted on the Internet. On
March 29th, 2012, the government charged him with inappropriate use
of the Internet and condemned him to serve either 2 years of imprisonment or to
pay a fine of roughly $2,000 USD (The
Independent, April 9th, 2012). Following the conviction, Anselm
Wandega, the program coordinator for the African
Network for the Prevention and Protection Against Child Abuse and Neglect
(ANPPCAN) denounced the insufficiency of the sentence.
The dangerous struggle against prostitution
Directly
combatting prostitution in Uganda remains legally dangerous, as those who fight
against the phenomenon are often accused of living off of prostitution. Under
the strict legal definition given in article 138 of the Penal Code, these
people remain under legal threat of condemnation. For this reason, the Ugandan
Minister of Ethics and Integrity prevented the NGO Womens Organization Network for Human Rights Advocacy (WONETHA)
from organizing a workshop in Kampala to benefit victims of prostitution under
the pretext that It was time for WONETHA to stop advancing the argument of
human rights in order to justify the crimes of these women. In this legal
context, on the 7th of May 2012, police officers physically
assaulted members of the NGO and arrested 2 who were present. For the
International Coalition of female defenders of human rights, this event stands
as a violation of international and regional human rights legislation, to which
Uganda remains legally bound to adhere (AWID,
2012).
In 2012, the
national media reported multiple different accounts on women and young girls
lured in by false promises of work to find themselves the victims of sexual
slavery. On December 6th, 2012, a 16-day awareness campaign against
gender violence was launched. This initiative aimed to gain support in the
fight against the rising epidemic of human trafficking (Make Every Woman Count, December 6th, 2012).
In August
2012, the government organized educational events for local police in both May
and August, alongside multiple NGOs. With 40 magistrates and 20 police workers
taking part, the event aimed to help educate them on their role in the fight
against human trafficking for sexual exploitation, to bring the countrys PTIP
law of 2009 into full effect (U.S.
Department of State, 2013).
Sources
- 37% Ugandan sex workers are HIV positive , New Vision, March 24th,
2012.
- 7 Ugandan hookers
caught with loitering for prostitution , Pattaya Daily News, February 7th, 2012.
- Uganda prostitute workshop banned , BBC News, March 25th,
2008.
- Uganda: Punished Because There is No Law
to Protect Them , Daily Monitor, May 30th, 2007.
- Uganda: Sex workers missing out on HIV
care , IRIN Plus News, November 14th, 2012.
-
Emergence conomique dans la pauvret : le cas de la Tanzanie,
Ouganda, Rwanda et Kenya , Word
Press, May 4th, 2012.
-
Larme ougandaise de pillage et de viol dans la traque de Kony , Centre dEtudes de Recherches Internationales,
March 2nd, 2012.
-
Les grandes destinations du tourisme sexuel en Afrique , Slate Afrique, February 14th,
2013.
-
Ouganda – Des proxntes malaisiens font main basse sur les
Ougandaises , Slate Afrique,
February 23rd, 2012.
-
Prostitution – des rseaux ougandais en Malaisie , Le Petit Journal, March 27th,
2012.
- Prostitution
soars amid weak laws , New vision,
Octobre 27th, 2012.
- Report:
18 000 Uganda children involved in prostitution , Africa Review, October 10th,
2011.
- Uganda women face
travel ban to China over prostitution , The East Africa, December 13th, 2012.
-
Association for Womens Rights in Development (AWID), Dfendre Les Dfenseurs – Les Femmes Dfenseures Des Droits
Humains en Ouganda, traites arbitrairement comme des criminelles de guerre,
August 17th, 2012.
- Bangi P., Uganda: Combating human trafficking of women
and girls in their search for better economic opportunities: a growing in the
East African Nation, Make Every Woman Count, December 6th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Duran L.
A., Women Human Rights Defenders
(WHRDs) in Uganda charged with "living on the earnings of prostitution , Thomson
Reuters Foundation, September 13th, 2012.
- Macklean K., It's Getting Harder and Harder to Defend
Sex Workers' Rights in Uganda ,
RH Reality Check, July 16th,
2012.
- Makuma R., Child
sex tourism , The Independent,
April 19th, 2012.
- Tamale S., Paradoxes
of sex work and sexuality in modern-day Uganda, 2011.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- The French Ministry of
Foreign Affairs – France Diplomatie : www.diplomatie.gouv.fr
|
Ukraine
|
- Population: 44.9 million
- GDP per capita (in US
dollars): 3,867
- Semi-presidential regime
- Human development index
(HDI): 0.740 (78th rank among 187 countries)
- Gender inequality index
(GII): 0.338 (58th rank among 147 countries)
- Statistic from the
Department of Homeland Security: 60,000 prostitutes in Ukraine.
- Statistic from the NGO Aids Alliance: 100,000 prostitutes.
- 1.1 billion ($1.5
billion USD) of illegal revenue from prostitution in 2010.
- Prohibitionist regime.
- Country of origin, transit,
and destination for victims of human trafficking.
- Destination for
Ukrainian victims: Russia, Poland, Iraq, Spain, Cyprus, Portugal, Czech
Republic, Turkey, and the Seychelles.
The current
Ukrainian president, Viktor Yanukovych, and some of his Ministers held on to
sexist comments that violate the guarantees of equal rights enshrined in the
constitution.
The President
encouraged his counterparts at the Davos Forum in 2011 to visit Ukraine in the
spring "lorsque les femmes commencent
shabiller de manire lgre (when women start to dress so lightly)".
Prime Minister
Mykola Azarov, meanwhile, stated in particular that: "conduire des rformes nest pas une affaire de femmes (conducting
reforms is not women's business)."
In May 2012,
the Minister of Education, Dmytro Tabachnyk, publicly said that the best
university students "sont les filles qui sont les moins intelligentes,
les moins attirantes et qui ne ressemblent pas des mannequins (are girls who are less
intelligent, less attractive and do not look like models)." He refused to
apologize for these words (U.S.
Department of State, Bureau of Democracy, 2013).
Since the
arrival of the new government in February 2010, considered by many as
reactionary and authoritarian, the political landscape of Ukraine has changed
dramatically, according to the will of the new government to ban public
meetings, restrict the freedom of the press and freedom of speech. In addition,
police brutality has increased significantly (European Journal of Women's Studies, February 2012).
The elections
of the parliament on October 28th, 2012 was also a step backward for
democracy in Ukraine.
In a 2012
report on the implementation of human rights in Ukraine, it is stated that the
elections were not consistent with international standards of fairness and
transparency.
Concerning the
situation of equality between men and women, discrimination remains very
important, whether in terms of rights, salary or promotions. Women are often
victims of sexual harassment.
Only 8% of
parliament is females and the current government does not have any (Le Monde, February 22nd,
2012).
The
deterioration of conditions of life for women is flagrant. For example,
according to the law, a husband who is found guilty of domestic violence and
rape against his wife may be held up to 5 days. According to the Minister of
the Interior, during the first ten months of the year, the police recorded 451
cases of rape or attempted rape.
Prostitution and procuring
In Ukraine,
the prohibitionist system prohibits prostitution and implies that all actors -
prostitutes, procurers and customers - are punished.
Prostitution
was decriminalized in 2005. Until then, it was punishable under the Penal Code,
but it made the fight against trafficking in women extremely difficult because,
when they returned to Ukraine, they were being punished instead of helped.
Now,
prostitution is punishable by a fine of 800 ($1,088 USD) or works of public
interest, rarely used. However, government policy remains much more repressive
than protective of prostitutes.
Procuring or
keeping of a brothel is still considered a crime under article 303 of the Penal
Code. This offense is punishable by 3 to 5 years of imprisonment.
There are several
aggravating circumstances. Especially if it is committed "by an employee
who takes advantage of his official position or by a person on whom the victim
was physically dependent," the offense may be punishable by 4 to 7 years
in prison (EAHR, 2007).
According to
statistics from the NGO Aids Alliance, Ukraine has over 100,000 prostitutes,
half of which are less than 20 years old. Among them, many are casual,
part-time prostitutes (teachers, civil servants, and mothers looking for money
before school starts) looking to make ends meet in a country where the average
monthly salary is 200 ($272 USD) (RFI,
May 5th, 2012). This is encouraged by sex tourism. In Kiev, 73% of
girls between 18 and 23 say they have already received sexual proposals by
foreigners, according to a survey of the Kiev International Institute of
Sociology (KIIS). Poverty is the main cause of prostitution. Indeed, according
to the KIIS, many Ukrainian prostitutes, despite a university education, have a
job as a waitress or a teacher that pays up to 225 ($306 USD) per month,
which is not enough to meet their needs and those of their families (Cafbabel, June 28th, 2012).
In 2010, 24% of Ukrainians live below the poverty line (The World Factbook). The Ministry of the Interior lists 60,000
prostitutes in Ukraine with 10,000 in Kiev, but there are many unknowns and the
numbers could be doubled (Courrier International
/DagensNyheter, June 26th, 2012).
Police and Justice: their actions hampered by corruption
Despite the
prohibition of prostitution and procuring, very few cases reach the courts
because the corruption of police is so rampant. Procurers financially negotiate
their protection with the police who turn a blind eye to their activity or who
benefit from this activity.
According to
the index of perception of corruption rankings of the NGO Transparency
International, this plague remains the bane of the Ukrainian state, which is at
the 144th spot of 176 countries for the year 2012, which illustrates
no improvement over 2011.
These
arrangements have the effect of complicating the efforts of prostitutes when
they try to break the cycle of prostitution or denounce a procurer. Prostitutes
are very easy prey for officials in that they are often unaware of their rights
and have a fear of reprisals. They are therefore subject not only to the wishes
of their procurers, but also those of the police.
Indeed, the
police openly take advantage of prostitution and contribute to its existence by
regularly fining prostitutes which they can pay with their bodies.
This latter
practice has a name: the "soubotniki", as in Soviet regime, when
people were volunteering on Saturdays.
Today, this
practice remains for prostitutes who must be available to the police throughout
the day in order to be protected by them or at least to escape the common
police violence (Courrier International /DagensNyheter,
June 26th, 2012).
The fight against human trafficking
Ukraine has long
been a country of origin, transit and increasingly destination for victims of
sex trafficking.
The Ukrainian victims
are sent to Russia, Poland, Iraq, Spain, Cyprus, Portugal, Czech Republic,
Turkey and the Seychelles.
Women and
children of Uzbekistan, Pakistan, Cameroon, Moldova, Germany and the Czech
Republic are, in turn, subject to sex trafficking on Ukrainian territory.
The number of
cases where Ukrainians have been exploited by their fellow patriots increases,
promoting sexual slavery.
Ukraine ratified
the Palermo Protocol against human trafficking in 2004, but the Ukrainian legal
system still does not match the minimum international standards to fight
against the elimination of trafficking. Indeed, the 2013 U.S. Department of
State Report on Human Trafficking notes that the government has not made
significant efforts to curb human trafficking. It has not allocated funds in
this fight in 2012, either to investigate crimes related to trafficking or to
protect victims.
In addition,
the police unit specialized in the anti-trafficking fight was dismantled in
2011; the number of investigations, prosecutions and convictions decreased in
2012 (U.S. Department of State,
2013).
The major
cause of human trafficking is the extreme poverty that exists in Ukraine, in
particularly due to a dramatically high rate of unemployment, which makes women
vulnerable (Regards de femmes, 2012).
The vast majority of women live in poverty, often in rural areas and to support
their families, are willing to accept any job (waitress, dancer, house maid...).
The jobs proposed are most often abroad and poorly paid.
In reality,
these jobs are often associated with prostitution and the sex trade. These
women are desperate, unsuspecting of what lies behind such proposals.
This phenomenon
is particularly visible in the "Sex Slave" documentary shot by Ric
Esther Bienstock, Canadian director, in 2005 denouncing the techniques used by
the Ukrainian networks procuring "selling" of women in Turkey,
especially under the guise of alleged job offer ads that are published in
newspapers or relayed by acquaintances of the victims whom they trust (European Turkey, June 24th,
2012).
According to a
report by the International Organization for Migration (IOM) of October 14th,
2011, human trafficking is governed by many organized crime groups. These
groups often have links with state authorities.
According to
the report, Ukraine is one of the countries in Europe where there is the most
labor exploitation. Since 1991, the Ukrainians have exploited over 110,000
people. Traffickers, including Ukrainians, work with the Germans, Russians and
Poles. Regarding their status, it is primarily prosecutors, border guards, and
judges who participate in crimes related to trafficking in persons (IRBC, 2012).
According to
the 2013 U.S. Department of State Report on Human Trafficking, the Ukrainian
government has greatly reduced the resources allocated to the police in the
fight against human trafficking. This is felt on the number of investigations
carried out on trafficking crimes, decreased from 257 in 2010 to 197 in 2011,
and finally 162 in 2012. As for convictions, they decreased from 158 in 2011 to
115 in 2012. Of these 115 people, only 65 were sentenced to prison.
Regarding the
legal framework, the offense of human trafficking, a criminal penalty since
1998, is now provided for by article 149 of the Ukrainian Penal Code, which
entered into force in 2006.
This article
criminalizes trafficking or any other unlawful transaction with a person, as
well as the recruitment, transportation, confinement, transfer or receipt of a
person, when such acts are committed for purpose of exploitation.
The term
exploitation is understood broadly and includes the concept of sexual
exploitation, use in the pornography industry, forced labor or services
provided under duress, slavery, serfdom call for debt, organ removal, forced
pregnancy, and more. This article 149 prescribes penalties of 3-15 years in
prison.
Government
complicity in some cases of trafficking remains a serious problem in 2012, and
local corruption interferes with the investigation and prosecution of
trafficking cases. This is a major obstacle in the exercise of the right to a
fair trial for the victims of human trafficking (La Strada, 2012). Concretely, this means that the government has
made no investigations or prosecutions against government employees for crimes
related to human trafficking.
The 2013-2015
action plan requires annual funding of about 120,000 dollars in principle from
the state budget, but it is the international donors who continue to provide
the majority of funds, since the Ukrainian state has not invested money in the
anti-trafficking fight in 2012. According to the 2013 U.S. Department of State Report
on Human Trafficking, the government has taken no specific action to reduce the
demand for sexual acts through taxes.
The absence of a concrete fight against child sexual
exploitation
Nearly 30% of
prostitutes in Ukraine are girls aged between 11 and 18 years (New Europe, July 27th, 2012).
According to section 303 of the Penal Code, anyone who puts children on the
prostitution market is subject to 5 to 10 years in prison. However, the sexual
exploitation of children remains a serious problem. A significant amount of
child pornography comes from Ukraine, according the officials of domestic and
foreign policy.
The IOM says
that children from socially disadvantaged families and wards of the state are
those at risk, in most cases, to be victims of trafficking and sexual
exploitation in the country known for commercial sex and the production of
pornography.
In an October
2012 report, the NGO End Child Prostitution, Child Pornography and the
Trafficking of Children for Sexual Purposes (ECPAT) focused on the lack of
concrete prevention to fight against the sexual exploitation of children. In
addition, no policy to fight the growing problem of sex tourism involving
children and no program to assist sexually exploited children.
According to
official statistics from the Ministry of the Interior, 43 cases of child
victims of prostitution were recorded by the police between 2009 and 2011.
During the same period, 479 children between 16 and 18 were arrested by the
police because they practiced prostitution.
Adolescents 16
to 18 years of age are often not protected as victims, but rather treated as
criminals (U.S. Department of State,
Bureau of Democracy, 2013).
The government
has made no specific effort to reduce child sex tourism, utilized by the
Ukrainians (U.S. Department of State,
2013).
The fight of FEMEN, an active and visible feminist
The FEMEN
feminist group, founded in 2008, denounced the inequality and discrimination
against women such as the disparity in wages (27% lower for women), sexual
harassment, corruption, sports competitions like Euro 2012, and sex tourism (Paris -Match, February 18th, 2012).
The concept of
this group is to be highly visible through actions that attract attention -
exhibition of their breasts or their naked bodies staged in the streets
creating debates.
It is an
unprecedented activism in a patriarchal society, where there is inaction.
Ukrainian women are seen as mothers and it is extremely difficult for them to
attain positions of responsibility (Le
Monde, February 22nd, 2012).
For these
feminists, nudity is a political weapon as a naked woman incites fear. It is
also a peaceful weapon. But the reaction of the political system is violent.
They have already been tortured following their actions (Paris Match, February 18th, 2012).
According to a
study by KIIS, one Ukrainian prostitute in eight is a student or schoolgirl.
Given the dire economic situation, many of these students are forced to resort
to prostitution. The FEMEN fear that this phenomenon is amplified with Euro
2012 and have not stopped asking for a competition "without prostitution."
Illegal income
from prostitution is estimated for the year 2010 to be $1.5 billion USD, while
it ranged between $750 million and $1 billion USD in 2008. Given the extreme
corruption prevailing in Ukraine, it is clear that some politicians are taking
advantage of this income (Le Monde,
February 22nd, 2012).
FEMENs slogan
is, "Ukraine is not a brothel!" For them, even if their actions are
extreme, undressing is the best way to attract attention to their cause, to
make the public reflect, and to mobilize others to address the problems faced
by women as words alone are not enough. The FEMEN protest against sexual
exploitation in institutions of higher education. Indeed, many students have
been asked for sexual favors in exchange for admission to the university, a
scholarship, housing, or good test results.
The FEMEN also
fight against the discrimination of Ukrainian women abroad. Indeed, India has
recently issued a directive requiring that all visa applications for women aged
between 15 and 40 years old from Ukraine are examined with the greatest care
lest they go to India to enter prostitution.
The FEMEN
responded by recalling that all Ukrainian women are not prostitutes, and that
the Directive is insulting to them (International
Business Times, February 19th, 2012).
Euro 2012, mixed results
The European
Football Championship (Euro 2012) was held in Kiev, and as with any major
sporting event, prostitution rings were prepared to accommodate a large number
of clients (RFI, May 5th,
2012. In the eyes of foreigners, Ukraine is a country of women that are
"cheap and available" (Reuters,
May 22nd, 2012).
Procurers have
anticipated this great sporting event "involving girls," putting
older and damaged women aside, for the benefit of young and beautiful girls
coming from the countryside, where living conditions are difficult by
increasing poverty.
Prostitutes
fear public supporters of sports events as alcohol and defeats are sources of
increased violence towards them (Keek,
May 24th, 2012).
To fight
against the competition from other countries in Europe especially for the Euro
2012, many Ukrainian prostitutes will not hesitate to have unprotected sex and
open themselves up to the risks transmission of AIDS (Xalima News, May 25th, 2012).
In 2010, the
FEMEN had anticipated the risks of Euro 2012 on sex tourism by proposing that
the European Union of Football Associations (UEFA) implements an outreach
program entitled "Do not buy a woman." The purpose of this program
was to inform tourists of the illegality of prostitution in Ukraine and remind
them that women are not consumer goods. But their proposal was ignored... (JOLPress, May 31st, 2012).
Salus, an NGO
operating in Ukraine for 90 years to act for the prevention of AIDS, had also
proposed municipal authorities to implement a campaign of installing condom
vending machines and information booths on prostitution and its problems. Their
proposal was rejected by the Ukrainian authorities (Caf Babel, June 28th, 2012)
Ukrainian
police received an order from the authorities to "cleanse" the
streets of prostitutes, but also to show "tolerance" to foreign
tourists.
This double
discourse might increase corruption, a domestic issue, by implicitly allowing
police officers to monetize their protection of prostitutes or tourists (Libration, June 6th, 2012).
These fears were justified because the police took many repressive measures
against prostitutes under the guise of protecting the football players and the
fans.
The report of
sex tourism generated by the Euro 2012 seems rather positive, although many
foreign prostitutes moved. Indeed, there was no net increase in the demand for
sexual services during this period according to non-governmental organizations
and the prostitutes themselves.
This can be,
on the one hand, the result of actions taken by the group FEMEN, but also the
prejudices of health- which were made about the risks of HIV infection.
AIDS, the scourge of sanitation
Ukraine is the
most affected country by the virus of Europe. 14-31% of prostitutes are HIV-positive,
according to studies conducted by UNAIDS (Les
Nouvelles News, May 23rd, 2012).
Between 2000
and 2010, Ukraine was the victim of one of the highest prevalence rates of AIDS
increases in Europe (Courrier International
/DagensNyheter, June 26th, 2012).
The infection
rate increased 1.1% and 350,000 Ukrainians are contaminated.
The most
recent statistics from AIDS infection rates for Ukraine show that at the
beginning of 2012, 216,977 people aged between 15 and 49 were infected.
24% of
prostitutes in Kiev are positive according to a study in 2011 by the Alliance
HIV/AIDS. This is due, among other things, to the desire of some customers to
have unprotected sex, which prostitutes appease in order to earn more money.
This situation is the result of increasing competition in the strong market of
prostitution in Ukraine.
Judicial news
At the end of
2012, two Israelis and a Ukrainian were arrested in Israel for human
trafficking and running a brothel in which Ukrainian women, who had been
persuaded to come to Israel to become prostitutes, were employed. They were
young women on dating sites or through contacts in Ukraine and offered them to
come to become prostitutes in Israel. They told them they could make lots of
money through prostitution and those that did it before them happily returned
home in Ukraine (Haaretz, February 8th,
2013).
Efforts by
Ukraine to curb the scourge of human trafficking have collapsed with the
reorganization of the Ministry of the Interior in 2011, when the
anti-trafficking unit was subordinated to the Department of General Crimes.
There were 70 inspectors in 2010 in this unit and they were only 16 in 2012.
Inspectors who replaced the old ones have very little experience in this field
and the time spent on investigations of trafficking crimes decreased
significantly. The lack of interest of the Ukrainian government in the fight
against humn trafficking risks to perpetuate the presence of traffickers
attracted to places where impunity reigns.
Sources
-
Esclaves sexuelles en Turquie : un reportage qui drange , Turquie Europenne, June 24th, 2012.
- Euro
2012-Match entre prostitues ukrainiennes et trangres , Xalima News, May 25th, 2012.
-
LUkraine face aux Moulins vent de la
prostitution , Les Nouvelles News,
May 23rd, 2012.
- Agir ensemble
pour les droits de lhomme (AEDH), La
traite des femmes des fins dexploitation sexuelle - Le cas de lUkraine,
Projet Action et concertation contre le trafic sexuel et lesclavage sexuel -
A.C.T.E.S., June 2007.
- Balmforth R., Ukraine
plans Euro crowd control, prostitution a problem , Reuters, May 22nd, 2012.
- Barthet E.,
Anna Hutsol, la face cache de Femen , Le Monde, February 22nd, 2012.
- Barthet E.,
Est-ce que le public y voit autre chose que des seins nus ? ,
Le Monde, February 22nd,
2012.
- Barthet E.,
Femen, les activistes aux seins nus , Le Monde, February 22nd, 2012.
- Chan J.,
Prostitution et Euro 2012 : coup franc des FEMEN , Caf Babel, June 28th, 2012.
- Duch G.,
Bogalska-Martin E., LEurope la recherche
de son projet social, LHarmattan Ed., 2013.
- Fauconnier J.,
Beauts fatales et pauvret : la prostitution, la face cache de
lEuro 2012 , Keek, May 24th,
2012.
- Geslin L.,
Ukraine : la prostitution oulenvers du dcor de lEuro 2012 de football ,
RFI, May 5th, 2012.
- Geslin L.,
Euro 2012 : LUkraine, aguicheuse ferme , Libration, June 6th, 2012.
- Guriaux C., Le prix de l'homme en Europe : la traite des tres humains
(TEH) et le crime organis , Nouvelle
Europe, July 27th, 2012.
- Hovel R., Three Israelis Indicted For
Importing Prostitutes From Ukraine , Haaretz,
February 8th, 2013.
- Immigration
and Refugee Board of Canada (IRBC), Ukraine : information sur la
criminalit, y compris le crime organis; les mesures prises par la police et
l'tat; la disponibilit de mesures de protection des tmoins,
UKR104176.EF, September 17th, 2012.
- Jacob J.,
India-Ukraine Prostitution Row: Who should apologize? , International Business Times, February
19th, 2012.
- Leleux A.,
LUkraine nest pas une maison close , JOLPress, May 31st, 2012.
- Levchenko K., Kovalchuk
L., Cherepakha K., Kyzym V., Yevsyukova M., Implementation
by Ukraine of paragraph 31 of CEDAW Committee concluding observations, based on
consideration of the combined sixth and seventh periodic report of Ukraine in
2010, La Strada, 2012.
- Nevus I.,
Plonge avec les prostitues de Kiev , Courrier International/DagensNyheter, June 26th, 2012.
- Olive F.,
Femen, Les fministes venues du froid , Paris-Match, February 18th, 2012.
- Regards de femmes, Le systme
prostitueur : violence machiste archaque - 2me table ronde : Le systme
prostitueur dans le monde, Quinzaine Egalit femmes-hommes de la rgion
Rhne-Alpes, October 8th, 2012.
- Rubchak M.,
Seeing pink: Searching for gender justice through opposition in
Ukraine , European Journal of
Womens Studies, Vol.19, n.1, February, 2012.
- Transparency
International, Corruption perceptions
index 2012.
- U.S. Department of
State, Bureau of Democracy, Human Rights and Labor, 2012 Country Report on Human Rights Practices, April 2013.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
http://www.transparency-france.org/e_upload/pdf/cpi2012_mapandcountryresults.pdf
- CIA, The world factbook, Ukraine:
https://www.cia.gov/library/publications/the-world-factbook/geos/up.html
|
United
Arab Emirates
|
- Population: 8.1 million
- GDP per capita (in US dollars): 40,363 (2011)
- Federation of seven Emirates under
a monarchy regime
- Human development index
(HDI): 0.818 (41st rank among 187 countries)
-
Gender inequality index (GII): 0.241 (40th rank among 147
countries)
- No official
national statistics on prostitution.
- More than
80% of the population are foreign workers, often exploited into slavery or
prostitution.
- Forced
prostitution and the exploitation of establishments of prostitution are
prohibited (articles 364 and 165 of the Penal Code)
- Human
trafficking with the purpose of sexual exploitation is prohibited by Federal
Law number 51 of 2006. However, the identification process of victims, foreseen
by the law, have not been established. - In 2012, a new strategy for fighting
against human trafficking was established. This strategy is based on 5 pillars:
prevention, prosecution, penalty, protection and promotion.
- Country of destination and transit
for human trafficking, especially with the purpose of sexual exploitation.
The United
Arab Emirates is a federal state composed of seven emirates, which include
Dubai, Abu Dhabi, Sharjah and Ajman. Benefitting from a strong and prosperous
economy, the United Arab Emirates is one of the richest countries in the Golf,
after Saudi Arabia[97],
and it attracts numerous foreign workers searching for lucrative employment.
The uniqueness of the Emirates resides in the fact that nationals represent a
very small part of the population while foreigners represent 80%. The supply of
labor, therefore, is numerous and inexpensive. Many workers who find themselves
in a vulnerable state are exploited in the form of slavery or prostitution. In
a country where to have sexual relations outside of a marriage is strongly
punished, the act of paying for sex is an even greater offense. Although
Articles 364 and 365 of the Penal Code forbids forced prostitution and the
operation of a prostitution establishment, certain
practices persist due to the weakness of the sentences.
From the promise of employment to forced prostitution
According to the report in 2012 from the U.S. State Department Report on
Human Trafficking, 47 cases of human trafficking have been brought to court. 37
people were accused and 19 people were found guilty, according to the report in
2011. These cases involved 75 victims. 80% of those who were supported by the
Dubai Foundation for Women and Children (DFWAC), were promised work or a
productive activity. Of the 25 victims who were supported by Ewaa, another
association located in Abu Dhabi, 16 came to the United Arab Emirates with a
work visa. The modus operandi of
traffickers is almost identical for all the victims of trafficking resulting in
prostitution. In general, the procurer promises work in the United Arab
Emirates and says that she can earn a lot of money in a small amount of time.
Once the victim arrives at her destination, however, she finds herself forced
into prostitution. For proof one must simply read the press from 2012. A number
of consecutive articles reported on people who were promised work as a cleaning
woman or a servant, but in reality were forced to prostitute themselves. In
this way, in June 2012, a man originating from India was accused of human
trafficking for having promised a recently widowed mother a job in Dubai, and
then locking her in an apartment. Once she arrived, he forced her into having
paid sexual relations. The procurer and his accomplices took advantage of her
need to support her children in India and forced her to prostitute herself.
According to M.F., 31 years old, They
intimidated me and threatened me so that I would prostitute myself. They forced
me to have sexual relations with more than seven clients each day (Gulf News, June 1st, 2012). In
the majority of cases reported by the police, the victims and their procurers
come from the same country and even from the same village. These procurers are
aware of the distress in which their victims live, and do not hesitate to take
advantage of their need to work and to feed their families. They exploit their
victims hopes for decent work and then force them into prostitution. The most
cited affair is far from an isolated case. In 2012, a prostitution ring led by
a woman in Dubai was dismantled for having forced cleaning women into
prostitution. She encouraged them to leave their sponsor[98],
locked them into apartments in several emirates and forced them to have paid
sexual relations (Emirates 24/7,
April 30th, 2012).
Methods of Subjecting Victims to Human Trafficking |
Number of Occurrences |
Percentage % |
Promise of Work |
28 |
80% |
Abduction |
1 |
3% |
Threats |
1 |
3% |
Unknown Motive |
5 |
14% |
Total |
35 |
100% |
Source :
National Committee to combat human trafficking
(NCCHT), Combatting human trafficking in
the UAE – Annual report 2012-2013, 2013.
The development of telecommunication networks in the
prostitution business
Telecommunication
networks seem to be used by procures in the United Arab Emirates. However, it
is not the case, as it is in France and in other countries, that websites are
created to sell the sexual service of young women. It is illegal to host
prostitution sites in the UAE and even if a site is made in another country, it
is strongly prohibited to access them. The National Committee on the Struggle
against Human Trafficking reported in 2012 two cases involving the internet to
force young women into prostitution. One man was arrested by the police for having
forced three Latin American women to prostitute themselves. He used online
dating sites to promise them a long term relationship and a new life with him
to lure them to Dubai, and then he kept them captive in his apartment.
According to Colonel Abdul Rahim bin Shafiel from the organized crime division,
this was the first case of social networking being used to lure victims to the
United Arab Emirates (Al Bawaba, February
6th, 2012).
In a second
affair, a Filipino woman was forced into prostitution after meeting, via
Facebook, a compatriot who moved to Dubai to work as a salesman. Upon her
arrival, the procurer took her passport and demanded that she pay him 20,000 AED
(about $5,700 USD). Not being able to acquire this sum, she was obligated to
prostitute herself. SDB, 31 years old, testified, When I refused, he threatened to stop me from going home and from
seeing my children. He forced me to prostitute myself and to collect money from
the clients (Emirates 24/7, July
26th, 2012).
It should be
noted that the UAE government has made a real effort in the struggle against
human trafficking and is spreading awareness of the extent of human trafficking
in all its forms. International cooperation has been put in place to prevent
the delivery of visas that ambassadors and consults assess as doubtful.
The implanting of a new strategy by the National Committee
against Human Trafficking
In 2012, the
United Arab Emirates adopted a new strategy to combat the problem of human
trafficking, which replaced the old strategy called 4 Pillars[99].
From now on, the latter will give way to the 5 Pillars strategy: prevention,
protection, prosecution, punishment and promotion of international cooperation
(NCCHT, 2013). The UAE, through the
establishment of these five principles, hopes to improve the tools available to
police officers and to achieve greater public awareness on the issue of human
trafficking (Emirates News Agency WAM, April
16th, 2012). Thus the Federal Law n.51, voted on in 2006, created a
legal base to prosecute procurers and other traffickers involved in forced
prostitution and human trafficking, which results in prostitution. The Federal
Law n.39 meanwhile, allows international judicial cooperation to actively fight
against trafficking and to potentially extradite those are suspected of this
offense.
In addition to
increased criminal prosecution of forced prostitution, public authorities have
focused on prevention and public awareness of the problem. Preventing is a
major public asset in the fight against human trafficking resulting in sexual
exploitation, insofar that it allows for the joint action of the authorities
and the public, and promotes an anti-trafficking culture in the United Arab
Emirates. To accomplish this, one prevention campaign was created in 2006 in
Abu Dhabi and Al Ain in hope of achieving greater awareness in workers arriving
in the UAE airports. This has proven effective as there is now a genuine
awareness of the problem in the conscience of the public. The year 2012 was
successful in terms of prevention, with the distribution of informational
pamphlets on forced labor and sexual exploitation, as well as the production of
commercials on this topic. Similarly, The National Committee to Fight against
Human Trafficking has created a hotline to assist trafficking victims. In this
way, a better public understanding of the problem allows for a more effective
response.
Finally,
support for victims has been reinforced by putting in place several
organizations to provide material and financial support to trafficking victims.
The Committee was thus able to give 36,340 AED (about $9,500 USD) in 2012. The
associated work of DFWAC and Ewaa were
equally essential in providing support to human trafficking victims. During the
year 2012, DFWAC was put in charge of 44 victims, ages 13 to 33 including 4
minors. All the victims were directed to the organization by the police.
This financial
aid has come from private sector businesses who wish to contribute to the fight
against human trafficking. The program New Beginnings is a unique and very
interesting group that allows companies to participate in victim support by
establishing financial assistance and employment opportunities in these
companies. This contribution from the private sector is perceived as part of
these companies social responsibility to the public. It is considered normal
that these companies contribute to the rehabilitation of human trafficking
victims by providing them with decent career opportunities and some financial
support. Some companies such as Unilever, Emirates Airlines, Al-Futtaim Group,
KEO International Consultants, and the American Association of Women are already involved in this program.
This model has become an inspiration to certain countries where the reinsertion
of victims into society is often incomplete.
The absence of victim identification and of effective
recourse despite the effective application of Federal Law n.51
Federal law
number 51 and the creation of the National Committee on the Fight against Human
Trafficking in 2007 has contributed to the significant progress in criminal
prosecutions of procurers. This law was amended in 2009 to conform to the
international standards created by the United Nations Convention against
Transnational Organized Crime (November 15th, 2000) together with
the Protocol (called Palermo) supplementing the United Nations Convention
against Transnational Organized Crime in the hopes to prevent, suppress and
punish human traffickers, especially those who deal in women and children.
The penalties are sever and comparable to the penalties of a similar
severity threshold. The penalties for traffickers who are convicted, depending
on the circumstances, can be sentenced to a maximum of life in prison and
subject to fines ranging from 100,000 to 1 million AED ($28,700 USD to $287,000
USD) as appropriate (NCCHT, 2013). In
Sharjah, out of the 34 traffickers tried, 31 were found guilty. For Dubai the
conviction rate is relatively weak compared to the other Emirates: 37%
conviction rate in 2012. Still, the progress made by the UAE has been quite
significant in the past six years as the convictions for the heads of
trafficking networks has increased from 5 to 31 since 2007. According to Dr
Anwar Gargash, Minister of State Foreign Affairs, the measures adopted by the
UAE to fight against human trafficking are based on judicial mechanisms and
social support implemented in coordination with a number of institutions. The
progress made in the criminal proceedings of procurers are due to the Federal Law
n.51 with the prevention and public awareness of the issue, the judicial and
political institutions play an equal role. By way of illustration, it should be
noted that the establishment in November 2010 by a special court to try cases
of human trafficking, which testifies to the real consideration of the
specifics of this crime and the importance that it should be granted specific
legal treatment practices. In addition, the 2013 U.S. Department of State Report
on Human Trafficking states that the Ministry of the Interior has established
31 schools to provide training on human trafficking to more than 1,000 senior
police officials.
Origin |
Cases |
Procurers Implicated |
Procurers Convicted |
Victims |
Abu Dhabi |
5 |
8 |
6 |
10 |
Duba |
22 |
81 |
30 |
34 |
Sharjah |
13 |
34 |
31 |
16 |
Aman |
3 |
8 |
8 |
3 |
Ras Al-Khaimah |
3 |
17 |
15 |
11 |
Fujairah |
1 |
1 |
1 |
1 |
Total |
47 |
149 |
91 |
75 |
Source :
National Committee to combat human trafficking
(NCCHT), Combating human trafficking
in the
UAE – Annual report 2012-2013, 2013.
The efforts are still needed in the identification of victims and in
guaranteeing the right to an effective recourse. During the month of April
2012, the UAE received a visit the UN Special Reporter on Human Trafficking,
Joy Ngozi Ezeilo, who urged the authorities to give more attention to the
plight of trafficking victims. The market for foreign workers has become a very
lucrative market the organized crime networks who deal in the sex trade and
forced labor, thereby increasing the vulnerability of these people to risks of
trafficking. For the UN expert, one of the major tasks ahead will be to reduce
the vulnerability of people to trafficking through the arrangement of safe and
legal migration, to ensure that the strong demand for cheap foreign labor,
unskilled or semi-skilled, is not exploited by traffickers (Centre dactualits de lONU, April 18th,
2012).
Highlighting
the efforts made in their campaign against human trafficking, J. Ngozi Ezeilo
regretted the failure to identify some human trafficking victims and to ensure
the right to an effective recourse, causing an increased risk for trafficking
victims to fall back into the hands of the traffickers. While, in 2012, 57
people were identified as trafficking victims for sexual exploitation and were
directed to health centers, certain questionable practices remain, such as the
confiscation of passports (U.S.
Department of State, 2013). In this respect, the government has implemented
a short term program where domestic workers with an expired visa, can stay in
the territory until the renewal of their documents without the risk of being
convicted.
In Federal Law
n.51 and even in the criminalization of human trafficking, there gaps in the
protection of victims. The law contains no provision concerning the
protection, relief, recovery, rehabilitation and the right to compensation for
victims (Centre dactualits de lONU, April
18th, 2012). Compensation for the violations of human rights, to
which trafficking victims are subject, is likely to help them in their
rehabilitation process and paves the way for a normal life. In the case of
child prostitution, it must be noted that the UAE government has made no
attempt to recognize the demand or to prosecute citizens who use child
prostitution abroad.
Sources
- Diminution marque des cas de traite de
lhomme en 2011 , Emirates
News Agency WAM, April 16th, 2012.
- Emirats arabes unis : un expert de
lONU appelle protger les victimes de la traite , Centre dactualits de lONU, April 18th,
2012.
- Les Emirats adoptent une vaste stratgie pour lutter contre la
traite des tres humains , Emirates News Agency WAM, April 18th,
2013.
- Prostitution dmantele Duba ,
Le Figaro, December 5th,
2007.
- Prostitution ring smashed in Abu Dhabi ,
Emirates 24/7, January 25th,
2012.
- Al Amir S., Woman force into prostitution, court told ,
The National, March 19th,
2012.
- Al Amir S., Woman who came to UAE to take up maids job
forced into prostitution ,
The National, August 12th,
2012.
- Al Baik E., Brothel Manager forcing woman into
prostitution jailed , Emirates
24/7, July 26th, 2012.
- Al Baik E., Man forced compatriot into prostitution ,
Emirates 24/7, February 10th,
2012.
- Al Baik E., Pak couple jailed for human trafficking ,
Emirates 24/7, July 12th,
2012.
- Al Baik E., Prostitute tricks jobless compatriot into
racket. Awarded two-and-a-half year jail followed by deportation ,
Emirates 24/7, November 27th,
2012.
- Al Baik E., Two accused of human, trafficking and
prostitution , Emirates 24/7,
March 8th, 2012.
- Al Khoori A., Woman denies prostitution, claims she was
gang-raped , The
National, December 26th, 2012.
- Al Sadafy M., Gang busted for luring maids into
prostitution , Emirates 24/7,
April 30th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Dajani H., Friend forced woman into prostitution,
UAE Court hears , The National,
December 30th, 2012.
- Dajani H., Man used dating websites to lure Latinas,
force them into prostitution , Al
Bawaba, February 6th, 2012.
- Issa W., Women jailed for forcing compatriot into
prostitution in UAE , The
National, December 12th, 2012.
- National Committee to
combat human trafficking (NCCHT), Combatting
human trafficking in the UAE – Annual report 2012-2013, 2013.
- Sultan N., 9 rescued from prostitution , The Gulf Today, January 7th,
2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- ZaZa B., Dubai court: Three Uzbek women cleared of
sexually exploiting countrywoman , Gulf News, December 15th, 2012.
- ZaZa B., Servant accused of enticing widow to UAE and
into prostitution , Gulf
News, June 1st, 2012.
- United Arab Emirates
Ministry of Foreign Affairs, Human Trafficking:
http://www.mofa.gov.ae/mofa_english/portal/5b8a314e-750b-4f70-b75c-b3a71687b828.aspx
|
United
Kingdom
|
- Population: 62.8 million
- GDP per capita (in US
dollars): 38,514
- Constitutional monarchy
- Human development index
(HDI): 0.875 (26th rank among 187 countries)
-
Gender inequality index (GII): 0.205 (34th rank among 147
countries)
- Member of the European
Union since 1973.
- No official national
statistics on prostitution.
- There are between 80,000
and 100,000 prostitutes according to estimates.
- In 2008, the United
Kingdom criminalized the purchase of sex services from forced prostitutes.
Afterwards, England, Scotland and North Ireland proposed to expand this law and
to criminalize the purchase of sex services according to the Scandinavian
model.
- Increase in domestic
child trade with purpose of sexual exploitation.
- In 2012, there were
23,097 cases of sexual violence against children. Conviction rate: 10%.
- 69 sex trafficking cases
were processed in 2012.
- Country of destination
for victims of sexual exploitation.
- Victims of sex
trafficking mainly come from Nigeria, Vietnam, Albania, Romania and China.
In January of
2012, a pastry chef discovered a Roman brothel token in the mud along the
Thames River, documenting a more than 2,000-year existence of prostitution in
the United Kingdom (IOL News, January 4th, 2012).
Although sexual exploitation and prostitution in the U.K. has become more
complex than in the times of the Roman Empire, it is no less present. Today, in
London alone, there are an estimated 2,103 brothels, employing some 51,000
prostitutes (Boff, March 2012).
Although prostitution is legal in the U.K., operating a brothel is not,
according to the Sexual Offences Act of 2003, an amended version of the Sexual
Offences Act of 1956, which set the groundwork for the current legalized
regulation of prostitution (Politics,
2012). Reports from various government offices and NGOs suggest that the
100,000 prostitutes in the U.K. today are comprised mainly of willing
participants, however sex trafficking within and into the U.K. appears to be
increasing (U.S. Department of State, 2009).
The UK is a
destination for victims from 36 documented countries. The majority of victims
come from Nigeria, Vietnam, Albania, Romania, China and increasingly, Latvia (U.S. Department of State, 2013). All forms of trafficking
are prohibited in the UK under the 2009 Coroners and Justice Act, the 2003
Sexual Offences Act and the 2004 Asylum and Immigration Act, which mandate
maximum sentences of 10, 14 and 14 years respectively.
In 2012 there
were several improvements to the legislation surrounding trafficking and sexual
exploitation, as well as an increase in successful prosecution. For example the
first successful conviction under section 71 of the Coroners and Justice Act,
which put away 4 trafficking offenders in Bedfordshire, England, for subjecting
homeless men to labor without pay. Furthermore, new legislation in England and
Wales was passed in order to comply with the European Directive on Trafficking (U.S. Department of State, 2013).
These events
are consistent with increased prosecution and changes in legislation over the
past decade. The Sexual Offences Act, which covers sex trafficking in sections
57 through 59, was created in 2003 and amended in 2007 to allow the Crowns
prosecution of crimes committed overseas (CPS, 2012). The 2008 Policing and Crime Bill criminalized purchasing a
sexual act from a person acting under coercion even if the customer is
unaware that the victim is acting under duress (Politics, 2012). In 2010, Specialist Crime Directorate 9 (SCD9):
the Human Exploitation and Organized Crime Command was created, along with its
subdivision, the Trafficking and Prostitution Unit (TPU), to centralize police
efforts in regards to sexual exploitation (Boff,
March 2012). Furthermore, Section 57 of the Sexual Offences Act 2003, which
addresses human trafficking into the UK for sexual exploitation is up to be
amended in 2013 (CPS, 2012).
Increasing concern over trafficking
According to
the Interdepartmental Ministerial Group on Human Trafficking, from 2010 to 2011
the number of reported human trafficking victims increased from 710 to 946 (BBC News, October
18th, 2012). The actual number of undetected victims,
however, is estimated to be much higher. The National Referral Mechanism was
established in 2009 to detect and provide aid to human trafficking victims in
the United Kingdom. 1,186 victims were referred to the NRM in 2012, although
only 148 trafficking offenders were prosecuted, with a 70% conviction rate (U.S. Department of State,
2013).
While many of
the victims referred to the NRM did not receive the conclusive positive
grounds necessary to be considered a human trafficking victim, many NGOs
believe that the NRM is flawed, and misses large groups of trafficking victims.
For example, in his report to Mayor Boris Johnson of London, A.M. Andrew Boff
described how even though NGOs report Nigerians to be the nationality most
frequently trafficked into the U.K., they are rarely, if ever, reported by the
NRM. This, he suggested may be a structural flaw. In sex trafficking cases, SCD9,
and the TPU in particular, focuses on brothel raids, based on the assumption
that prostitutes working the street are generally U.K. nationals, where as the
brothel workers are generally foreign. These wide sweeping brothel raids turn
up the greatest number of potential victims. However, brothels are
predominantly run by Eastern European or Chinese gangs, meaning that Eastern
European or Chinese trafficking victims make up the majority of referred
cases (Boff, March 2012). On the
other hand, West African trafficking victims, Nigerians in particular, have
been found to be more likely exploited in small, close knit, communities, with
transactions often taking place before transit to the U.K. This keeps them out
of the eyes of the SCD9, and thus makes them less likely to be referred to the
NRM.
With few
statistics on the most frequently trafficked nationality, it is hard to tell
exactly how many victims of human trafficking are in the U.K. at any given
time. The estimates vary greatly; one NGO, The Poppy Project, suggested that
81% of prostitutes in London in 2004 were foreign nationals, whereas The
Economic and Social Science Research Council claimed the number of foreign
women to be working in street prostitution in England and Wales to be as low as
6-8.7% (Boff, March 2012).
Even more
difficult to discern than the number of victims, is the number of traffickers.
Although there are an estimated 700 sex trafficking victims in Scotland,
Scottish courts had their first successful trafficking conviction in 2012,
after two offenders were sentenced to 40 and 38 months in prison, under section
22 of the Criminal Justice (Scotland) Act of 2003 for forcing 14 women into
prostitution across Scotland and Northern Ireland. Scottish police believe that
9 major gangs traffic people into Scotland for prostitution and forced labor (Herald, Scotland,
June 14th, 2012), just a small part of the estimated 92
organized crime groups involved in human trafficking throughout the rest of the
U.K. (BBC News, October 18th, 2012). In 2012 one of the most
prolific of these organized crime groups were the Triads, a Chinese snakehead
gang, which established pop-up brothels across Northern Ireland, where they
forced, mainly Chinese, women into prostitution in one location for 2-4 weeks,
before moving them somewhere else (Belfast Telegraph, April 23rd, 2012).
Organized crime in the U.K. makes around $235 million USD (180 million ) per
year from prostitution and trafficking alone (The Journal, August 17th, 2012).
Trafficking
operations throughout the U.K. often work on a smaller scale, for example, in
April of 2012 a couple was sentenced for forcing women from Latvia and
Lithuania to become prostitutes in massage parlors, and in October one offender
was sentenced to two years in prison for trafficking over 25 Nigerian girls.
Child sexual exploitation
A case that
brought international attention to U.K. sex trafficking was the story of a
young, deaf, Pakistani girl who had been trafficked to Britain at 10 years old,
where she was kept in a cellar by an elderly couple (husband aged 83 and wife
aged 66 at the time of the report) who repeatedly raped and beat her for almost
a decade (USA Today/AP, February 13th, 2012). Unfortunately,
this case was not a unique one. In June of 2012, four men were sentenced to
life in prison, and two others for seven years, for running a pedophilic sex
ring in Oxford for over 8 years (The Malaysian Insider, June 28th, 2012).
Around 50 girls, under 16 years old, were repeatedly raped and exploited (Cherwell, April
19th, 2012). According to the Child Exploitation and Online
Protection Center, there are around 300 child trafficking victims in the U.K.
every year (BBC News, October 18th, 2012). Even more children are the
victims of other sex crimes. There were 23,097 reported child victims of sex
crimes in 2012 in England, the equivalent of 444 attacks per week. Over 1,500
of those victims were under 5 years old (EDP24, April 4th, 2012).
The Olympic Effect
With London
set to host the 2012 Summer Olympics, many in the media and government
speculated the effects of the games on human trafficking and prostitution. In
the months leading up to the games SCD9 was given an extra 600,000 GBP ($915,000
USD or 700,000 ). Many speculated that the influx of tourists would bring an
increase of sex trafficking to London, and thus, the SCD9 began to crack down
on prostitution in the 5 Olympic boroughs. In the 7 months leading up to the
games each London borough had an average of 1.16 brothel raids, while the 5
Olympic zones had an average of 14 raids each (Boff, March 2012). There were 80 raids in the areas located near
game sites, versus 29 in unaffected boroughs. Additionally, sex workers
operating in those zones were given extra bail conditions when they were found
in breach of brothel laws, including curfews and orders to move their work to
other locations (IOL News, January 4th, 2012).
However, the
increase in raids failed to find any evidence that trafficking or prostitution
increased during the games (Boff, March
2012). In fact, it was suggested, by a study of the Vancouver Winter Games (National Post,
January 4th, 2012), as well as the work of various NGOs, that
prostitutes were actually more at risk during the Olympics, not because of the
influx of tourists or an increase in trafficking, but because of police action (The Telegraph,
February 4th, 2012). According to the Vancouver study, which
surveyed around 100 prostitutes working before and after the winter games, the
increased police action in the Olympic zones pushes sex workers away from their
usual safety nets, into areas that may be more dangerous, and towards clients
they dont know and who may be violent (National Post, January 4th, 2012).
According to Miriam Merkova from the charity Toynbee Hall, during the London
Games prostitutes were forced to take more risks in order to make money, and
were less likely to report crimes for fear of arrest (The Telegraph, February 4th, 2012).
Systematic flaws
The increase
in brothel raids during the Olympic Games highlighted a structural flaw in the
way the United Kingdom handles prostitution and sex trafficking. Many NGOs
criticized not only the increase in raids, but the raids themselves, stating
that they stretch police resources, displace vulnerable sex workers and make it
less likely for them to report crimes. Although active sex workers are 18 times
more likely to be murdered than the average woman, they are statistically much
less likely to report assault or violent crime with 56% of assaults on sex
workers in the U.K. believed to be unreported (Boff, March 2012). SCD9 routinely targets non-exploitative
brothels or charges sex workers with brothel law infractions for harmless acts
such as sharing an apartment with another prostitute, which shows, as stated in
A.M. Boff,s report, that enforcement of brothel laws is now taking priority
to these womens safety. For example, in 2011, 5 men assaulted and robbed 3
women in a brothel, the men were not arrested, even after they were caught on
CCTV raping and robbing another woman, the police instead threatened the
victims with arrest for violating brothel laws (IOL News, January 4th, 2012).
The 2012 U.S.
Department of State Report on Human Trafficking stated that the U.K. had
continued problems with inadvertent deportation and prosecution of victims, and
criticized a 2011 law that prohibited all migrant workers from changing
employers. In August of 2012, the University of Cambridge did a study that
reported on the penalization of migrant women. The study showed that even when
victims referred to the NRM received the conclusive positive grounds, 25%
spent an average of 4 months in custody. Additionally, the NRM only allows for
45 days of government support for victims.
Legislation in process
In recent
years the U.K. has actively worked to improve its sexual exploitation
legislation, prosecution, and prevention tactics. The 2011-2015 National Action
Plan outlined four strategy areas in regards to sexual exploitation and human
trafficking: to improve victim care arrangements, increase the ability to act
early by stopping traffickers before they reach the U.K., create a
multi-agency border cooperation, and improve coordination between law
enforcement within the U.K. It stated an aim to: identify victims and improve
the National Referral Mechanism, deter and disrupt trafficking overseas, target
traffickers before they reach the U.K., educate potential victims, and create
the National Crime Agency and Organized Crime Coordination Center (UNODC, 2012). To improve border
coordination, the U.K. opted into the EU Directive on Trafficking in Human
Beings in 2011 (2011/36/EU). Also in 2011, the Home Office launched the Ugly
Mugs campaign to protect sex workers by providing 108,000 GBP ($177,271 USD
– 129,631 ) over 12 months to create a network where sex workers and law
enforcement can make each other aware of violent individuals. The system is run
by the U.K. Network of Sex Work Projects (NSWP) (Politics, 2012). In Northern Ireland, the Blue Blindfold Campaign
works to raise awareness about sex trafficking (U.S. Department of State, 2012), while the Turn Off the
Red Light Campaign works to criminalize buying sex, with tactics including a
billboard campaign that began august 2012 (The Journal, August 17th, 2012).
To fight trafficking at the borders an e-learning package was created to
educate border officials on the identification of human trafficking victims (U.S. Department of State,
2013).
Additionally,
a trend which began in Merseyside, England, has grown in popularity in the U.K.
Beginning in 2006, crimes against prostitutes in Merseyside have been
considered hate crimes, which forces the prostitute to be considered a victim
first and foremost (Boff, March 2012).
Legislation has been suggested in England and Wales that would criminalize the
buying of sex, following the Nordic Model (IOL News, January 4th, 2012),
similar to the Purchase of Sex Bill, which is currently under consideration in
Scottish Parliament.
Sources
- Belfast and Derry Triads behind Northern Ireland sex slave
pop-up brothels , Belfast
Telegraph, April 23rd, 2012.
- British madam loses bail bid , The Telegraph, April 10th, 2012.
- British Asian paedophile gang jailed for life , The Malaysian Insider, June 28th,
2012.
- Change in prostitution laws sought , The Journal, August 17th, 2012.
- Dil committee to discuss Irish prostitution
legislation , The Journal,
December 11th, 2012.
- Deaf Pakistani girl describes ordeal as sex slave , USA Today/AP, February 13th,
2012.
- Over 870 sexual assaults on children reported to police last
year , This is the West Country,
April 6th, 2012.
- Prostitution law plea rejected by Scottish Parliament , BBC News, June 19th, 2012.
- Prostitution ring head Thomas Carroll to hand over 1.9
m , BBC News, March 23rd,
2012.
- Six men remanded over child sex charges , Sky News, March 24th, 2012.
- Triads force women into sex slavery:
DOJ , London Sentinel, April 24th,
2012.
- Adams L., Law change to tackle sex trafficking , Herald, Scotland, June 14th,
2012.
- Blackwell T., Prostitutes at Risk during the Olympics,
Vancouver-based Study Says , National
Post, January 4th, 2012.
- Boff A., What is
prostitution ? , Politics,
2012.
- Boff A., Silence on Violence -
Improving the safety of women, March 2012.
- France A., Child sex offence every 20 minutes , The Sun, April 4th, 2012.
- Furness H., Prostitutes cleaned off the streets ahead of the
olympics , The Telegraph,
February 4th, 2012.
- Harding E., Bawdy token used to pay for pleasure , IOL News, January 4th, 2012.
- Human Trafficking and Smuggling, The Crown Prosecution Services (CPS), 2012.
- Leszkiewicz A., Oxford sex ring is larger than feared ,
Cherwell, April 19th,
2012.
- Lohan D., Think about sex trafficking. Do Irish people come to
mind? , The Journal, June 21st,
2012.
- Symonds T., Human Trafficking to UK rising , BBC News, October 18th, 2012.
- Topping A., Government under pressure to review prostitution
laws in England and Wales , The
Guardian, December 26th, 2012.
-
U.S. Department of State, Human Rights
Report, United Kingdom, 2009.
-
U.S. Department of State, Trafficking in
Persons Report, June 2012.
-
U.S. Department of State, Trafficking in
Persons Report, June 2013.
- United Nations Office on Drugs and Crime
(UNODC), Global report on trafficking in
persons, December 2012.
- Walsh P., Shocking Scale of Child Sex Victims in Norfolk
Revealed , EDP24, April 4th,
2012.
- Willis J., Sold for Sex , The Northern Echo, April 11th, 2012.
|
United
States
|
- Population: 315.8 million
- GDP per capita (in US dollars): 49,965
- Presidential regime with a federal organization
- Human development index
(HDI): 0.917 (3rd rank among 187 countries)
-
Gender inequality index (GII): 0.256 (42nd rank among 147
countries)
- No official
national statistics on prostitution.
- Every year,
100,000 minors are victims of sex trafficking and 4,000 minors are trafficked
through New York City.
-
Prohibitionist regime, except in 12 counties of Nevada, of which only 8 of
these counties have brothels. In Nevada, about 500 women are practice prostitution in about
30 brothels.
- During the Super Bowl Weekend of 2012, a national police raid in institutions
of prostitution, took place and culminated in the arrests of 314 clients
(johns) accused of soliciting.
- According to
the Advanced Interactive Media (AIM) Group, 80% of online prostitution revenue
in February 2012 was attributed to Backpage, a classifieds website.
In 2012, the
United States has taken many legal strides forward in terms of protecting the
victims of sexual exploitation and punishing the traffickers. Nevada remains
the only state where prostitution is legally protected in some rural districts.
This year, sexual exploitation problems represented in the media stemmed from
the Super Bowl weekend, N.Y.C. taxi trafficking, California condom
controversies, and sexual advertisements on Backpage.
President Obama
announced in September of 2012, that the U.S. government needs to concentrate
on: stopping and spotting trafficking, turning the tables on traffickers, and
helping victims recover through T-visas which enable victims with a
nonimmigrant status to reside in the United States and apply for U.S.
citizenship after five years (Chicago Tribune, February 3rd, 2012). The Federal Government
of the United States reauthorized the Trafficking Victims Protection Act (TVPA)
of 2008, which defines a human trafficking victim as a person who is made to
perform labor or commercial sex act through force, deception, or coercion.
Incongruities in state law
While the TVPA is enforced on a national level, state
legislature is not uniform. State law cannot undermine the responsibilities of
the federal government. Prostitution is considered illegal in forty-nine out of
the fifty states. In Nevada, it is legal under the form of regulated brothels
in eight districts, but it is illegal in the majority of Nevada including the Clark
district, (which contains Las Vegas) and the Washoe district (which contains
Reno). In Nevada, about 500 women are legal independent contractors in just
under 30 brothels (The New York Times.
April 19th, 2012).
2012 State Ratings Map |
Polaris Project |Combating Human Trafficking and Modern-day Slavery.
Most states are actively passing laws to combat human trafficking.
Wyoming is an exception to this trend. It has yet to pass any legislation
against human trafficking. The Faltering
Four states or the states with the least amount of legislature protecting
victims and punishing traffickers are: Wyoming, Arkansas, Montana and South
Dakota (see map above).
Super Bowl and sex trafficking
Even though
many consider it an urban legend, statistics show that the American football
Super Bowl Weekend is also considered a sex trafficking event. In 2011, the
Dallas Super Bowl resulted in 133 underage arrests for prostitution. In
February of 2012, the Super Bowl football match was held in Indianapolis,
Indiana. During week of the Super Bowl 2012, over 1,000 listings were posted on
Backpage, and over a quarter of these
listings made references to the Super Bowl.
Indiana
Governor Mitch Daniels, Attorney General Greg Zeller and child advocate of Shared
Hope International, Linda Smith,
banded together to evaluate the legal and social services in place to help the
victims (Forbes, February 2nd,
2012). In
February of 2012, Indiana State Human Trafficking legislature was altered, as
the repercussions for trafficking a child under the age of 16 was increased
from 20 to 50 years in jail. Volunteers played an important
role in trafficking surveillance during the Super Bowl. The Indian Prevention
of Abused and Trafficked Humans task trained nearly 3,400 volunteers prior to
the Super Bowl. Volunteer partners included 60 government, non-profit, faith,
and community groups. In result, law enforcement made 68 commercial sex
trafficking arrests and recovered two human trafficking victims (Chicago Tribune, February 3rd, 2012).
Nationwide prostitution stings
The Cook
County Police Department of Illinois State coordinated the National Day of Johns Arrests movement in October of 2011, which organized a nationwide
prostitution sting.
In
February of 2012, Super Bowl Weekend,
there was a second nationwide prostitution sweep. It consisted of ten days of
surveillance (28 January to 6 February 2012), which culminated in the arrest of
314 johns (sex buyers) being booked on solicitation charges. The states
involved in this sweep were Illinois (Aurora, Cook, Elgin, Kane and Orland Park
counties),
Indiana (Indianapolis), Massachusetts (Boston), California (Los Angeles),
Arizona (Phoenix) and Nevada (Las Vegas).
Likewise, the
F.B.I. organized a nation-wide prostitution sting called Operation Cross Country (22 June- 24 June 2012) with more than
2,500 state, local, and federal officers operating in 27 U.S. cities. This
three-day law enforcement sweep, targeting the problem of teenage prostitution,
resulted in the arrest of 104 alleged johns as well as the rescue of 79
children (Chicago
Tribune, February
3rd, 2012).
N.Y.C. targeting taxi drivers
It
is estimated that about 4,000 minors are trafficked through New York City, NY
annually. In June of 2012, New York City council legislation addressed this
problem through legal action against the transportation of human trafficking victims
in taxis.
Along with previous legislation punishing drivers who operate un-registered
taxis, a driver now faces a $10,000 USD fine and the loss of his/her license if
convicted of transporting a victim of human trafficking. David S. Yassky, the
N.Y.C taxi commissioner said that educating new taxi drivers on the
repercussions of trafficking as well as training them to spot victims would be
applied to all drivers renewing or applying for a taxi license (Chicago Tribune, February 3rd, 2012).
California condom controversies
There is a
disaccord between promoting public health and promoting the porn industry. As
of January of 2012, there is a mandatory condom regulation for all adult film
stars in Los Angeles.
The Los
Angeles City Council has decided to apply this measure, but the Free Speech Coalition (FSC), lobbying
for the porn industry, said that this insistence on condom regulation would
negatively impact the lives of 1,500 adult film stars and force the porn
community to leave Los Angeles, where about 90% of legally distributed
pornographic movies are produced (Chicago Tribune, February 3rd, 2012).
Another
controversy is that condom seizures from sex workers are undoing years of
struggle against HIV/AIDS. In 1994, San Franciscos district attorney Arlo
Smith signed a law stating that condoms should not be used as evidence for
prostitution and that police condom arrests are jeopardizing public safety. In
order to protect the health of prostitutes, the prostitutes should not feel
like condom usage can get them in legal trouble. Despite Smiths nearly
twenty-year-old legislation, some police officers continue to point fingers at
women who carry more than three condoms. Instead of seizing condoms, San
Franciscos police have been taking photos of condoms as evidence of sex work.
This however, can discourage condom use and increase the risks of unprotected
sex. Meanwhile, condom seizures still exist in New York, Washington D.C., and
Los Angeles. These condom seizures can create a dishonest belief among sex
workers that there is a legal limit on the number of condoms that they can
carry at any given time (Chicago Tribune, February 3rd, 2012).
Backpage: Will censorship of sex advertisements eliminate the
problem?
The United
States online sex trade is prosperous, despite efforts to prevent it. The sale
of women online through sex advertisements is prevalent on several sites (The New York Times, March 16th, 2012). The most frequented sex advertisement site since 2010, when Craigslist was forced
to shut down its adult services section, is called Backpage. As of 2012, Backpage
(owned by Village Voice Media) is the leading U.S. website for prostitution
advertising. According to Advanced Interactive Media (AIM) Group, 80% of online
prostitution advertising revenue for the month of February of 2012 was
attributed to Backpage. These advertisements usually market escorts and body rubs (an
implied code for prostitution). Between February of 2011 and February of 2012, Backpage
made a 26 million dollar net profit from these ads (Daily Mail, December 24th, 2012).
According
to Polaris Project, it is estimated that 100,000 minors are involved in sex
trafficking every year in the United States. Currently, Rob McKenna, Attorney
General of Washington State is heading the legal attack of Backpage, specifically against the sexual advertisement of minors.
McKenna is pushing for a bill (Senate Bill 6251) that would require states to
obtain documentation that advertised escorts are at least 18 years old (The New York Times, April 2nd, 2012). In addition, in March of
2012, 19 United States Senators signed a letter to Village Voice Media C.E.O.
Jim Larkin, which stated: there is only one option to keep our children safe
from exploitation on your advertising network—shut down the adult
services section of Backpage (The Daily Caller, March 26th,
2012)
Elizabeth
McDougall, the lawyer defending Backpage, claims that shutting down Backpage would be counterproductive
because it would push the sex advertisement industry to operate offshores,
outside the reach of US authorities. McDougall warns that if they close their
adult services section, prostitution advertisements will move underground (Washington State Office of the
Attorney General, July 12th, 2012). McKenna is counter-acting this
through a moral and ethical prerogative. McKenna is determined to fight against
the fact that Backpage is allowing
girls and women to be sold on a legitimate website in 21st century
America.
Medias emphasis on sex scandals
Scandalous
sexual exploitation stories of 2012 may not be applicable in terms of attacking
the issue of ending sexual exploitation. Nevertheless, as shocking media
releases, they provide an eye-catching story for the general public.
One
popularized scandal that surfaced in March 2012 was that Goldman Sachs
(American multinational banking firm) held a significant stake in Village Voice
Medias Backpage. Goldman Sachs had a 16 percent stake in the Backpage. When
attacked by the media, Goldman Sachs Group Inc. agreed to sell back its stake
in Backpage because they did not want to be affiliated with sex trafficking (The New York Times. March 31st, 2012). While Goldman Sachs
received negative associations in this media explosion in terms of womens
rights, many articles did not touch on Goldman Sachs initiative. 10,000 Women
is a $100 million USD global initiative which was created to assist local
economies grow by providing 10,000 disadvantaged women with business and
management education.
In March of 2012, a highly mediatized scandal was the
surfacing of a $10 million USD elite prostitution ring in New York City.
Scottish Madam Anna Gristina directed this ring. This escort service had
alleged liaisons with high profile bankers and political figures. While
Gristina denied selling sex or running an escort agency, she claimed that she
was responsible for connecting wealthy men with beautiful women. In November
of 2012, Gristina was sentenced to a six months imprisonment after ultimately pleading
guilty to a sole count of facilitating prostitution (New York Daily News, November 20th, 2012).
A scandal,
which disgraced the White House as well as the United States reputation
abroad, was when eleven United States Secret Service agents were caught hiring
prostitutes in Colombia, in April of 2012. Right before President Obama arrived
in Cartagena, Colombia for a conference (the Summit of the Americas) it
surfaced that certain agents of the United States Secret Service hired
prostitutes. While prostitution is legal in that area of Colombia, the scandal
still reflects poorly on the United States. In result, the eleven agents were
disbanded from United States Secret Service (New
York Daily News, April 14th,
2012).
Legal progressions
An
over-arching theme in 2012 legislature is the protection of sex trafficking victims
and the punishment of sex traffickers. The Washington State Senate Bill 6251(SB
6251), pushed by McKenna against underage sex advertisement was passed in April
of 2012 but McKenna continues to fight to shut down sex advertisements on
Backpage (The Stranger, June 5th, 2012).
Ohio State
passed the Safe Harbor Act (HB 262), which entails a ten-year mandatory
sentence for offenders caught preying on children or using them as sex slaves,
and a path for victims to have their records expunged if they have a
prostitution or solicitation charges. Florida has also adopted this Safe Harbor
Act (Toledo Blade, June 28th, 2012).
Hawaii passed
the Senate Bill 2576 (SB 2576) in June of 2012 which allows sex trafficking
victims to clear prostitution convictions from their criminal record by proving
that they were sexually enslaved (Hawaii News, June 26th, 2012).
Texas passed
the Senate Bill 94 (SB 94), which allows victims of human trafficking to sue
for civil damages from both traffickers and advertisers of sex trafficking (The Texas Tribune, November 21st, 2012).
California
passed Proposition 35 which increased
prison terms for labor trafficking from five to twelve years, sex trafficking
of majors from five to twenty years, and sex trafficking of minors from eight
years to life (Time,
November 5th, 2012).
Preventative action
The fight to
reduce sexual exploitation in the United States is progressing, but it has a
long way to go. The average entry into prostitution in the United States is 13
years old and it has been noted that 300,000 American youth are at risk for
being exploited in the sex industry (Forbes, February 2nd, 2012). There are currently over
240 programs in over 100 cities in the United States that specialize in
providing assistance to survivors of prostitution. These nation-wide programs
are composed of community service, religious, and non-profit organizations. Under-cover
operations or reverse-stings (on the street, web and brothel), shaming
sex-traffickers by publicizing their identities, and suspending drivers
licenses to those who are caught soliciting sex, are widespread ways that the
police counteract sexual exploitation. In addition, May of 2012 was the website
launch for DemandForum.net which
organizes many resources for the prevention of sex trafficking and the creation
of initiatives in the United States (The
National Institute of Justice, April 30th, 2012).
Celebrity
intervention is an important part of sexual exploitation awareness reaching the
public. The DNA (Demi Moore and Ashton Kutcher) Foundations campaign, Real
Men Dont Buy Girls was created to educate the public about the sexual
exploitation of minors. This campaign involves many celebrities in its
awareness videos such as: Sean Penn, Drake, Jessica Biel, Eva Longoria, Jamie
Foxx, and Justin Timberlake. The Real Men Dont Buy Girls videos surfaced in
April of 2011, but are gaining more popularity this year (Technology, Business, and
Anti-Human Trafficking Innovation, January 4th, 2012).
Celebrity
documentary Half the Sky: Turning Oppression into Opportunity for Women
Worldwide, is a four-hour documentary based on the book by New York Times journalists
Nicolas Kristof and Sheryl Wu Dunn. It focuses on the brave stories of
sexually, religiously, and politically oppressed women in the United States,
Asia, and Africa.This documentary premiered in the United States in October of
2012 and will be internationally broadcasted in 2013. It stars Meg Ryan, Eva
Mendes, Gabriel Union, America Ferrera, and Olivia Wilde.
From a
domestic and international perspective, Google and Microsoft have both
identified anti-trafficking initiatives in 2012. Google announced that the
search engine would be providing $11.5 million USD in grants to 10
organizations fighting to end modern-day trafficking (Technology, Business, and
Anti-Human Trafficking Innovation, January 4th, 2012).
While the
United States Federal Government has reauthorized the Trafficking Victims
Protection Act of 2008 and many state governments are taking strides to prevent
sexual exploitation and sex trafficking, there is room for improvement. The
TVPA seeks to combat trafficking by endorsing the policy of 3 Ps: prosecution
of exploiters, protection of victims, and prevention of the trafficking trade. On
the contrary, there are weaknesses in the TVPA according to the 2012 U.S.
Department of State Report on Human Trafficking. For example, the U.S.
Government was not able to integrate all federal data on federally prosecuted
human trafficking cases. Likewise, NGOs reported that the victim funding levels
were insufficient to provide complete long-term victim care and key legal
services. On the federal, state and local level, the data collection analysis
of human trafficking can be improved as well as the enforcement of the
government-wide zero-tolerance policy of sexual exploitation.
Sources
- Hawaii 6th State to Enact Vacating Conviction Law for
Trafficking Victims , Hawaii
News, June
26th, 2012.
- Human Trafficking and the Super Bowl , Chicago Tribune, February 3rd, 2012.
- Senate Demands Village Voice Remove Prostitution Ads
as Part of Child Sex Trafficking Crackdown , Daily Mail, December
24th, 2012.
- Super Bowl 2012: Volunteers Played 'Key Role' in
Deterring Human Sex Trafficking , Indianapolis Star, March 13th,
2012.
- Trafficking Monitor , Technology, Business,
and Anti-Human Trafficking Innovation, January 4th, 2012.
- Washington State Attorney General, County
Prosecutors File Response to Backpage Suit , Washington State Office
of the Attorney General, July 12th,
2012.
- Brents B. G., Nevadas Legal Brothels Make
Workers Feel Safer , The New York
Times, April 19th, 2012.
- Casserly M., Sex And The Super Bowl: Indianapolis Puts
Spotlight On Teen Sex Trafficking , Forbes, February 2nd, 2012.
- Chammah M., Lawmakers
Expect Fight Against Anti-Trafficking Bill , The Texas Tribune, November 21st, 2012.
- Cratty C., FBI: Nationwide Child Prostitution Sweep
Leads to 104 Arrests, 79 Children Rescued , CNN, June 26th, 2012.
- Craw H., While world focuses on Super Bowl, police nab
hundreds of sex buyers nationwide , Examiner,
February 8th, 2012.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Fisher J., Soccer Mom Madam' Anna Gristina out of
Jail, but Could Be Deported , New York Daily News, November 20th,
2012.
- Gendar A., Lemire J., Secret
Service Agents Busted Because They Refused to Pay Hooker: Source , New
York Daily News, April 14th, 2012.
- Gould J. E., Californias Prop 35: Why Some Oppose
an Anti-Sex-Trafficking Initiative , Time, November 5th, 2012.
- Hodgson N., Condom Seizures from Sex Workers Are
Undoing Years of Progress on HIV/Aids , The Guardian, July 20th, 2012.
- Kristof, Nicholas D., Financiers and Sex Trafficking , The New York Times, March 31st, 2012.
- Obama B., Remarks by the President to the Clinton Global
Initiative , The White House, Office of the Press Secretary, New York, September 20th,
2012.
- Polaris Project, 2012 State Ratings Map, July 2012.
- Sanders E. Backpage.com
Takes Rob McKenna to Federal Court Over Washington's New Underage Sex Trafficking
Law , The Stranger, June
5th, 2012.
- Shively M., Kliorys K., Wheeler K.,
Hunt D., A National Overview of
Prostitution and Sex Trafficking Demand Reduction Efforts, Final Report,
Abt Associates Inc., The National Institute of Justice, April 30th,
2012.
- Troy T., Human Trafficking Law Signed , Toledo
Blade, June 28th, 2012.
- U.S. Department of State, Trafficking in Persons Report, June 2012.
- Walter S., The Bay Citizen; Online Sex Trade Is
Flourishing Despite Efforts to Curb It , The New York Times, March
16th, 2012.
- Whetstone T., Senators, state AGs:
Backpage sex-trafficking ads enrich Village Voice Media , The Daily Caller, March 26th, 2012.
- Williams M., Los Angeles to porn
industry: wear a condom , The
Guardian, January 17th, 2012.
- Yardley W., Washington is first State to take on
escort sites , The New York Times, April 2nd, 2012.
- Yee V., City Takes Aim at Cabbies in Sex
Trafficking , The New York Times,
June 13th, 2012.
- Advanced Interactive Media Group: http://www.aimgroup.eu/
- Goldman Sachs 10,000 Women
Entrepreneurs Certificate Program: http://www.goldmansachs.com/citizenship/10000women
- Half the Sky Movement - Turning Oppression into Opportunity
for Women Worldwide: http://www.halftheskymovement.org
- Polaris
Project, Human
Trafficking - Combating Human Trafficking and Modern-Day Slavery, http://www.polarisproject.org/human-trafficking/overview
- Shared Hope International: http://sharedhope.org/.
- The National Center for
Missing and Exploited Children: http://www.missingkids.com/SiteSearch.
- U.S. Department of State: Diplomacy
in Action. U.S. Laws on Trafficking
in Persons: http://www.state.gov/j/tip/laws/
|
Venezuela
|
- Population: 29.9 million
- GDP per capita (in
US dollars) 12,767
- Federal republic
- Human development index
(HDI): 0.748 (71st rank among 187 countries)
- Gender inequality index
(GII): 0.466 (92nd rank among 147 countries)
- No official national
statistics on prostitution.
- Child and male
(particularly transsexual) prostitution are increasing.
- Prostitution is not
explicitly forbidden (the client is not punished) and it does not constitute as
a crime as it is not clearly prohibited. It is required for prostitutes to fill
out a form for additional information and pay 20,000 VEF (about $3,252 USD)
every 15 days.
- Prohibition of female
trafficking for sexual exploitation or forced labor (Law against organized
crime in 2005). In 2007, this prohibition was extended to most forms of
exploitation. In April 2012, legislative reform extended the crime of
trafficking to everybody regardless of gender.
- Second most violent
country in Latin America with the number of homicides multiplied by four
between 1999 and 2012.
- Country of origin,
transit, and destination for human trafficking with the purpose of sexual
exploitation.
- Victims of human
trafficking come from Venezuela, Colombia, Peru, Haiti, China, and South
Africa.
- Venezuelan victims of
prostitution are sent to the Caribbean islands, in particular Aruba, Curaao,
and Trinidad and Tobago.
Hugo
Chavez, President of the Bolivarian Republic of Venezuela for over 13 years,
was re-elected as head of government for the third consecutive term on October
7th, 2012. The country who claims the "21st century
socialism" has been widely recognized for its social policy. And for good
reason, since the Economic Commission for Latin America and the Caribbean
(ECLAC), a regional commission of the United Nations, stated in its report in
January 2012 that Venezuela was the South American country to have the smallest
the poverty rate between 1996 and 2010 (Le
Monde, October 4th, 2012).
However,
this social progress must not conceal one of the major problems that Venezuelan
society knows and has continued to worsen since more than a decade: the
pervasive violence. The homicide rate displayed by the country, one of the
highest in Latin America, has quickly darkened the balance (France Info, October 6th,
2012).
A country plagued by violence
Venezuela
is a country marked by extremely high insecurity and violence. There were, in
fact, a very large number of homicides in 2012. The Venezuelan Ministry of
Interior puts the figure at 55.2 deaths per 100,000 inhabitants in 2012, a
total of 16,000 homicides in the year (Le
Monde, March 6th, 2013). However, NGOs recognized as
Observatorio Venezolano de Violencia (OVV), dispute this data and put the
figure at 21,692 homicides in 2012, 73 deaths per 100,000 inhabitants. Thus,
the number of homicides has increased fourfold between 1999 and 2012,
coinciding with the arrival of Hugo Chavez in power (Le Figaro, April 10th, 2013). It is also important to
note that there has been an increase in violence of 12% in 2012, the year of
presidential elections. These figures make Venezuela Latin Americas second
most violent country, after Honduras (85.5/100,000 ) (Le Monde, March 6th, 2013). It is far ahead of its
neighbor, Colombia (34/100,000) (L'Express,
April 14th, 2013) and occupies fifth place in the ranking of the
most violent countries in the world, according to the UN. The number of murders
by firearms is particularly high in Venezuela, accounting for 92% of all
homicides.
In
addition, 583 kidnappings were reported in 2012 in Venezuela. The express
abductions, a few hours in order to extort money from victims' families, affect
the wealthy middle class. This figure is actually higher since most victims do
not complain (Le Monde, March 6th,
2013).
The
Dibise, special force that deals with
kidnappings, is also in charge of the fight against drug traffickers. Problems
of security and violence in poor neighborhoods are often drug-related. And
because of this, the country is a hub from South America to the North. This is
also the fourth consecutive year that Venezuela is on the "black
list" of the American anti-drug (La
Presse/AFP, September 14th, 2012).
Security,
although a major problem, has however been mentioned during the presidential
campaign in October 2012. However, one considers that the authorities have
taken some positive steps to reduce security problems, including by launching a
plan to destroy guns (6,000,000 weapons circulate in Venezuela) (RFI, December 28th, 2012).
Gender issues at the heart of daily violence
Although
a large proportion of homicides, notably including firearms, are related to
drug trafficking or weapons, it remains that there is daily violence affecting,
among others, the lesbian, gay, bisexual and transgender (LGBT) community, and
women. In 2012, 86 murders were recorded whose motives were related to the
gender of the Venezuelan victims (Infobae,
May 23rd, 2013).
On
the 25th and the 26th of October 2012, organizations protecting
human rights denounced the fact that the staff Cuerpo de Investigaciones Cientificas, Penales y Criminalisticas
(CICPC, Body of Scientific, Penal and Criminal Investigations) arbitrarily
detained 23 transsexuals in Caracas. In particular, they used guns to
intimidate the victims. 4 victims were tortured with the use of electric shock
and suffered physical and verbal abuse because of their sexual identity. The
Inter-American Commission on Human Rights (IACHR) has learned that 6
transsexuals were murdered in 2012 in Venezuela, and serious acts of violence
were committed against lesbians, gays and transsexuals in the year.
Domestic
violence is also important in Venezuela. In 2012, 33 women died after being
beaten by their spouse (Noticiasdeaqui,
December 11th, 2012). More telling still, Amnesty International
believes that one out of three Venezuelan women suffer from domestic violence.
National
organizations fighting against violence against women estimate that in 2005, a
Venezuelan woman was beaten every fifteen minutes. Elida Aponte, Vice-Minister
for the transversality of gender policy and coordinating the network against
violence against women, notes that these figures have increased from 2007, when
the Law on Women's Rights was enacted. This figure remained at a constant level
in 2012 (Notizulia, March 7th,
2012).The law Ley organic sobre el
derecho de las mujeres a una vida Libre de violencia (2007) still does not
have a regulatory framework providing the authorities withhow to handle cases
of violence, including domestic, against women. Hearings were held in the
Alexandra Hidalgo case, a Venezuelan raped and tortured by a group of men,
including her husband in 2004. It was only in October 2012 that it was decided
that the husband would appear in court for rape and abduction (Amnesty International, 2013).
Women's exploitation and new forms of prostitution
The
reasons that may lead Venezuelans to find themselves in conditions of
trafficking for sexual purposes are many. This includes evoking the desire to
flee the poorest regions within the country to join the urban and tourist
centers such as Caracas, Maracaibo, Margarita Island. Most victims are
recruited through false job offers. In June 2011, victims of trafficking also
came from other countries such as Colombia, Peru, Haiti, China, and South
Africa.
According
to the 2013 U.S. Department of State Report on Human Trafficking, some
Venezuelan women are sent to the coastal islands of the Caribbean, especially
in Aruba, Curaao, Trinidad and Tobago, where they are forced into
prostitution. Venezuela is one of the obligatory passages to move women into
the Caribbean.
The
networks of prostitution and trafficking of women are also by land. This is the
case of the border between Brazil and Venezuela, through the roads BR-174
(Brazil) and Troncal 10 (Venezuela). Brazilian women, without a passport or
with false papers are sent in the direction of Venezuela, Guyana, and Suriname.
During the journey, the various stops lead victims to the tourist areas where
they prostitute themselves to arrive at their final destination: Europe,
particularly Portugal, Spain, and the Netherlands (Espacio Abierto Cuaderno Venezolano de Sociologa, April-June
2012).
Sex
tourism in Venezuela allows these northern customers to come directly to find
local Venezuelan women. Monica Garnseys documentary, "My Boyfriend, the
Sex Tourist" presents customers of a Venezuelan brothel, which represents
a real "vacation club," who can choose the girl they want, only to
change the next day and have two girls for the price of one, if they remain one
week. Most portraits depicted in this documentary are young women whose
families live in poverty. They have resorted to prostitution to help their
families, some have even been forced to stop their studies.
Between
June 2011 and January 2012, 111 cases of sexual exploitation were reported in
Venezuela, according to the lAsociacin de Mujeres por el Bienestar y Asistencia Recproca (AMBER),
an NGO whose aim is to improve the quality of life for women, girls and
adolescent victims of sexual exploitation in Venezuela (Vitrina of Reportajes (blog), July 7th, 2012). Today,
beyond the prostitution of women, there is a wide variety of forms of
prostitution. Male prostitution and child prostitution are steadily rising.
Male prostitution largely concerns transsexuals. The most concerning part of
child prostitution in Venezuela is often the mistreatment of parents. Estrella,
a 16 year old prostitute says: "I started at the age of 12 years because
my parents separated. I lived with my father who beat me and that's why I went
out into the street." This child prostitution is organized in some cases
under the guise of other economic activities, such as selling flowers.
Canelita, a Colombian prostitute in Venezuela, described prostitution as
observed in everyday life: "there are children who are in the streets at
night with a pretext to sell flowers, but this is not the case. These children
are prostitutes because of their parents" (CPIU, December 23rd, 2011).
Legal regime on sexual exploitation
Prostitution
is not a crime in Venezuela, as it is not clearly prohibited. "We assume
that it is not openly lawful, but it is not prohibited either. As it is a
taboo, there are no clear rules" explains Moira Martnez, lawyer specializing
in the protection of children and adolescents (Vitrina deReportajes (blog), July 7th, 2012).
The
client is also not tried in Venezuela. One could even say that the client is
protected because the state, concerned with ensuring health, forces prostitutes
to always have a "rosado"
book. This book brings together various information such as age, identity and
regular health checks (Observatorio Venezolano
de los Derechos Humanos de las Mujeres, November 2009). In addition, within
the country, prostitutes are forced to fill out a form for additional
information and must pay 20,000 VEF (about $3,252 USD) every 15 days (Reeditor, October 22nd,
2012). The system of prostitution in Venezuela is still abolitionist, but with
a trend toward regulationist in favor of the client via the "rosado" book.
However,
Venezuelan law prohibits most forms of human trafficking through the law Ley orgnica sobre el derecho de las mujeres a una vida Libre de violencia
(2007). Article 56 prohibits,
among other things, trafficking in women and girls for sexual exploitation.
Penalties range from 15 to 20 years in prison for such an offense. Articles 46
and 47 prohibit, meanwhile, forced prostitution and sexual slavery with
penalties ranging from 10 to 20 years in prison.
In
addition, there is a law against organized crime, enacted in 2005, which
prohibits trafficking in persons from one country to another for purposes of
sexual exploitation or forced labor. Penalties range from 10 to 18 years in
prison. However, trafficking of men and boys is not addressed.
According
to the 2013 U.S. Department of State Report on Human Trafficking, in April
2012, the National Assembly adopted a reform of the law against organized crime
and terrorism (Ley Orgnica contra la y el Delincuencia organiza da financiamiento
al Terroristas). This reform does not limit the definition of trafficking for
women and girls and extends to all persons regardless of gender. The penalties
shall be 20 to 25 years in prison and 25 to 30 years if minors are involved.
Legislation against trafficking in persons with the implementation of
provisions for the protection of victims, written in consultation with civil
society, was also presented to the National Assembly. This project has not yet
been approved.
Advanced and drawbacks in governmental actions relating to
sexual exploitation
The
Venezuelan government has made some efforts to prevent human trafficking for
sexual exploitation and sex tourism involving minors through public awareness
campaigns, mainly for tourists. A hotline has been set up especially to report
cases of trafficking. However, NGOs reported that its use was limited. There
was no significant action to reduce demand for commercial sex in 2012 (U.S. Department of State, 2013).
In
addition, a number of obstacles to the improvement of the situation related to
violence and sexual exploitation are reported.
The
Venezuelan police are guilty of violations of human rights by the various
physical, verbal attacks and torture. Most of these violations are not then
investigated. In 2012, members of the police Chacao Caracas attacked a
transsexual prostitute: death threats, derogatory remarks in connection with
his sexual identity, and physical attacks with toxic gas (IACHR, 2013).
There
is also dysfunction in the justice system. Indeed, 90% of crimes go unpunished
in Venezuela (RFI, December 28th,
2012). One example is the murder of Lulu (registered under the birth name of
Jos Antonio Surez Garca) who was killed June 3rd, 2012.
Transsexual Lulu, prostituted herself, perhaps by force, in Caracas. It seems
that justice has proved ineffective in this case and the Comisin Interamericana de Derechos Humanos (IACHR) in particular
urged the Venezuelan state to open an investigation to determine whether the
murder was committed because of the gender identity of the victim (IACHR, 2013).
Finally,
human rights defenders are themselves victims of physical, unfounded
accusations made by the government and state media (Amnesty International, 2013).
Sexual
exploitation and gender-based violence are not improving in Venezuela, mainly
because of police impunity and a weak legal system. The question is whether the
government will grow to implement corrective and proactive measures to improve
the situation.
Sources
-
33 mujeres murieron en Venezuela durante 2012 vctimas de la violencia , Noticiasdeaqui,
December 11th, 2012.
-
La
Bolivie, la Birmanie et le Venezuela en checdans la lutte anti-drogue, selon
les E-U , La
Presse/AFP, September 14th, 2012.
-
La desinformacin mantiene
cautiva la prostitucin infantil , Vitrina de Reportajes (blog), July 7th, 2012.
-
La prostitucin en la Adolescencia , Prostitucion de las jvenes (blog), April 20th, 2012.
- Venezuela:
10 mil casos de violencia contra las mujeres ,
Infobae, May 23rd, 2013.
-
Amnesty International, Rapport annuel
2013 – La situation des droits humains dans le monde, 2013.
- Ble P., La socit
vnzulienne
gangrene
par la violence , Le Figaro, April 10th,
2013.
- Bnis O.,
Hugo Chavez, l'homme qui voulait rester prsident , France Info, October 6th,
2012.
- Berson P-P., Venezuela : Caracas, capitale la plus
dangereuse du monde , RFI, December
28th, 2012.
-
Codetta C., Prostitucin
y trfico de mujeres y nias: un problema global, Mdulos/ Prostitucin y trfico de mujeres y nias,
Documento de trabajo, Observatorio Venezolano de los Derechos Humanos de las
Mujeres, November 2009.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
-
Da Silva Oliveira R., Las redes de prostitucin y trfico de mujeres en
la Frontera Brasil-Venezuela por las Carreteras BR-174 y Troncal 10 , Espacio Abierto Cuaderno Venezolano de
Sociologa, Vol. 21, No. 2, April-June 2012.
- Garnsey M., My Boyfriend,
the Sex Tourist, Twenty Twenty Television, documentary 120 min. in
two parts, 2007.
- Gonzalez M.,
Venezuela: Red de prostitucin infantil se esconde detrs de ventas de
flores , CPIU, December 23rd,
2011.
- Gouset C., Le Venezuela accabl par la violence , LExpress, April 14th, 2013.
- Graux A., Linscurit et la
corruption au Venezuela, Blog, May 19th, 2013.
- Inter-American Commission on Human Rights (IACHR), Annual Report
for 2012, April 2013.
-
Ley orgnica sobre el derecho de las
mujeres a una vida libre de violencia, La Asemblea nacional de la Repblica
bolivariana de Venezuela, G.O. (38.668), April 23rd, 2007.
-
Mlenchon J-L., Ramonet I., Hugo Chavez, un homme diffam ,
Le Monde, October 4th,
2012.
-
Paranagua
P. A., Le Venezuela est devenu le deuxime pays le plus meurtrier au
monde, aprs le Honduras , Le Monde, March 6th, 2013.
-
Pereira J., Son personas las
trabajadoras sexuales? , Reeditor,
October 22nd, 2012.
-
Pirela G. Una de cada tres mujeres sufre violencia a manos de su pareja en
Venezuela, Notizulia,
March 7th, 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
|
Vietnam
|
- Population: 89,7 million
- GDP per capita (in US
dollars): 1.596
- Single party Republic
- Human development index
(HDI): 0.617 (127th rank among 187 countries)
- Gender inequality index (GII): 0.299 (48th
rank among 147 countries)
- Member of the Association of Southeast Asian Nations since 1995.
- No official
national statistics on prostitution.
- Selling sexual
services is prohibited by Administrative Law. Procuring is illegal under the
Penal Code (2000).
- A national
Program of Action Against Prostitution was adopted in 2011 (2011-2015).
- Significant
phenomenon of domestic trafficking.
- Country of
origin and destination for trade victims.
-
Destinations of Vietnamese victims: China, Cambodia, Laos, South Korea,
Indonesia, Taiwan, Thailand, Malaysia, Singapore, Russia and, to a lesser
extent, Western Europe and the Middle East.
According
to the authorities, both female and male prostitution is on the rise in 2012.
The major cities of the country are especially affected. According to the
Department of Culture, Sports and Tourism, the capital city, Ho-Chi-Minh-City
has approximately 25,000 service establishments employing 20,000 women. These
include around 90 discotheques, 3,000 hotels and 13,000 massage parlors, hair salons
and coffee shops (Vietnam News, January 7th,
2012). As elsewhere in South-East Asia, these businesses are often used as
fronts for brothels.
In
2012, a study conducted by the Ministry of Labour, Invalids and Social Affairs
(MoLISA) of 189 male and 199 female prostitutes in the three biggest cities of
the country – Hanoi, Haiphong and Ho-Chi-Minh-City – showed profits
to be among the highest of Vietnam. Moreover, the majority of them would
receive other sources of incomes (Vietnam Net Bridge,
March 16th, 2012). On average, a prostitute would earn $410 USD per
month. These sums of money, attractive for the average citizen, constitute the
main motivation for people entering prostitution. Other motivations would be
the need for money to help their family, a lack of luck in love, drug
addiction, and so on. For homosexuals, the study points out that the search for
sexual satisfaction is also one of the most influential factors. Moreover, more
than 25% of prostitutes are estimated to work voluntary and more than 60%
work independently, according to the study conducted by the MoLISA.
The
results of this study, largely circulated by the Vietnamese press in 2012, give
a largely distorted view of the reality of prostitution. This can be explained
by the fact that in Vietnam prostitution is generally seen as a social evil
similar to drug addiction. Until recently, prostitutes were sent to re-education
centers for periods ranging from three to eighteen months. According to the
Human Rights Watch, these centers resemble forced labour camps more than
rehabilitation centres (HRW, 2011). The
conditions of detention are poor and the detainees are forced to work a
near-nothing salary. Cases of torture have even been reported, with the use of
electroshocks to punish those who refuse to work or act in accordance with the
rules of the camp.
On
June 20th 2012, the Law Handling Administrative Violations, which
aimed to stop the detention of persons convicted for prostitution in
re-education centers, was passed. This is a major progression important to
underline. It could be interpreted as a sign of a shift in the perception of
prostitution by Vietnamese legislators. The release of all detained prostitutes
should take place by July 2013 (Thanh Nien News, June
20th, 2012). Nevertheless, the new law does not guarantee the
removal of all punishment for prostitutes. Indeed, they will remain obliged to
pay fines up to 240 US dollars (LCI, October 11th,
2013), an amount of money found to be insufficient by MoLISA, given the
relatively lavish incomes of prostitutes (Gay
Star News, December 5th, 2012).
General assessment on human trafficking in Vietnam
The
main routes for human trafficking in Vietnam are in the North - those which
lead from Vietnam to China (UNIAP, 2008) - and in the
South, from Vietnam to Cambodia. In the first case, both young and adult women
become prostitutes in brothels or are married by force to Chinese farmers.
Vietnamese brides are especially requested in China for two reasons. The first
is economic: the high price of arranged marriage with Chinese women. The second
one is demographic: the imbalance of the sexes in China resulting from the
one-child policy and abortions of baby girls (Le
Monde, December 3rd, 2011).
The
route from Vietnam to Cambodia mainly leads Vietnamese women and girls into the
sex industry. Studies have shown that 15% to 33% of prostitutes in Cambodia are
Vietnamese (The Asia Foundation, 2006). But Cambodia
can also be a stop for women who are traveling to a third country such as
Thailand, Lao PDR, Malaysia and, to a lesser extent, Western Europe and the
Middle East. Official Vietnamese newspapers release statistics, but it is very
difficult to measure the exact scale of these migrations. Published information
is partial or even contradictory (UNIAP, 2011).
Transnational
criminal organisations do not seem to play a key role in the human trafficking
phenomenon taking place in the Great Mekong Sub-region of which Vietnam is a
part. Human trafficking is generally considered to be the result of informal
social networks.
Belonging
to an ethnic or religious minority can be added to the list of factors such as a
lack of education, economic instability, or being young woman, which increases
the likelihood of becoming a prostitute. In Vietnam, these people are victims
of discrimination, arbitrary arrests or, in certain cases, land grabs (Amnesty International, 2004).
In
addition, according to the study of the NGO Oxfam, victims are not necessarily
the poorest or the least educated. The economic liberalisation reform (Doi Moi) passed in 1986, while reducing
extreme poverty, has contributed to the deepening wealth gap in Vietnamese
society between the urban and rural populations. This situation leads some
people to migrate both to the cities and abroad where opportunities to increase
their wealth are greater, even if it implies considerable personal risks.
A legal framework that remains incomplete
In
the 2012 U.S. Department of State Report on Human Trafficking, Vietnam was
ranked in the second tier for a second consecutive year. This low ranking of
Vietnam is first and foremost due to the fact the legislation against human
trafficking does not comply with international minimum standards. Although
Vietnam has signed the Palermo Protocol, to date, it has not ratified it,
directly harming international cooperation efforts.
In
addition, the age of adulthood set by the Vietnamese Penal Code is different
from the one set by the international community. While the international
community sets the age of adulthood at 18 in the Palermo Protocol (Article 3, Paragraph
D), Article 12 of the Vietnamese Penal Code sets it at 16. In other words, a
young 17 year old Vietnamese girl who is a victim of trafficking would not be
considered a minor forced into her current situation. By contrast, she is
likely to be convicted for prostitution or illegal immigration, even though the
Palermo Protocol would immediately recognize her as a legal victim of human
trafficking.
In
January 2012, the first Vietnamese anti-trafficking law (Law No. 66/2011/QH12 on human trafficking prevention and combat) came into
effect. However, this new law does not give a clear and precise definition of
human trafficking. In addition, it has not yet been transposed into the Penal
Code. Thus, traffickers continue to be sentenced under Articles 119 and 120 of
the Penal Code. These Articles provide for prison sentences from 2 to 20 years.
According to the U.S. Department of State, these penalties are commensurate
with penalties prescribed for other serious crime such as rape and thus, are
sufficiently stringent. Nevertheless, some NGOs estimate these penalties are
not severe enough, considering that those who traffic drugs may face the death
penalty (CEOP, 2011). In December
2012, the Appeals Court of Ho-Chi-Minh-City sentenced a Justice Department
official of Can Tho to life-imprisonment for his complicity in human
trafficking. The official in question allegedly received bribes of an
approximately 195,000 US dollars between May 2009 and October 2010. In
exchange, he registered marriages of Vietnamese women with foreign nationals in
order to facilitate human trafficking (U.S.
Department of State, 2013). It was the
first time that a Vietnamese official had been convicted for human trafficking.
Nevertheless, the penalty provided appears exceptionally severe compared to the
one prescribed for human traffickers.
Despite
the shortcomings outlined above, the new law has the advantage of focusing on
prevention while improving cooperation between different ministries and NGOs (Voice of America, November 29th, 2011). In
addition, the law allocates a budget of 13.5 million US dollars and guarantees
the renewal of the anti-trafficking National Action Plan.
In
the past few years, Vietnam has signed many bilateral agreements with its
neighbours (Cambodia, China, Laos and Thailand). In 2004, the Coordinated
Mekong Ministerial Initiative against Trafficking (COMMIT) was created, and the
six governments of the Great Mekong Sub-region committed themselves in a
memorandum to comply with international minimum standards. They also emphazised
the importance of bilateral and multilateral cooperation as well as cooperation
between governments and NGOs. Nevertheless, other declarations of intent have
been signed in the framework of ASEAN[100].
Insufficient protection of victims
Temporary
reception centers have been established by the MoLISA with the financial
support of the International Organisation for Migration (IOM). The length of
stay in these centers may not exceed one month. Medical care, psychological
support and legal assistance are provided to the victims. Currently, there are
three temporary reception centers throughout Vietnam: two located near the
Chinese border and one near the Cambodian border. Other centers can accommodate
victims for longer periods. These are run by a governmental agency called
Vietnam Womens Union. There, free vocational training is offered to the
victims in order to ease reintegration into their communities. At the moment,
40 such centers are estimated to be functioning (OXFAM
Quebec, 2005). However, their resources are surprisingly underused.
In fact, many victims do not benefit from this assistance, because they are not
legally recognized as victims and, once back home, are left to their own
devices.
Multiple problems related to the identification of victims
Several
obstacles stand in the way of the identification of victims. First and
foremost, victims often do not possess identification, as it is often confiscated
by those who trafficked them. When victims are arrested, the authorities may
face difficulties to ascertain their age or nationality. Moreover, victims lack
confidence in police services because of the strong perception of corruption
among Vietnamese people, which makes victims reluctant to explain what they
have experienced.
The
lack of training of border guards and police officers working at district and
provincial levels is another factor which affects the identification of
victims. Indeed, this leads to the application of inadequate investigation
methods and a poor monitoring system for cases of human trafficking (U.S. Department of State, 2013). In
addition, the current identification process is complex and requires effective
cooperation between the different responsible authorities. According to the
U.S. Department of State and NGOs, this system has several shortcomings and
lacks substantial efficacy.
Repatriation
of trafficked victims by foreign authorities is also a decisive step in the
identification process. Bilateral agreements signed by Vietnam and neighbouring
countries mandate the transfer of people who have been identified as victims of
trafficking. Nevertheless, these agreements do not provide assistance to
victims which would enable them to go back home. Cases of victims abandoned at
the border and trafficked again have been reported (CEOP,
2011).
Finally,
certain victims go back to Vietnam without passing through official borders
because they fear being identified as trafficked victims, which would bring
social stigmatization in their home community. These victims remain, a majority
of the time, unable to access assistance services provided for them; opening up
the means for victims to obtain assistance remains the greatest challenge for
the government.
Despite
efforts made by the Vietnamese authorities to fight against human trafficking
for the purpose of commercial sexual exploitation, the scale of the phenomenon
remains considerable. In 2012, Vietnam, for the first time, adopted a law
against human trafficking. Even though this stands as a monumental legal
development, the effective implementation of the law is pending. Vietnam should
pursue the necessary efforts to ensure that its anti-trafficking legislation
aligns with international minimum standards. Under this point, much work
remains to be done in the identification process of victims, the training of
police officials and border guards, the protection of victims, and the
effective cooperation between different governmental bodies and NGOs and
between Vietnam and neighbouring countries. Regarding prostitution, a
distortion of perception is obvious between deputies and the MoLISA. In any
case, the law passed in June of 2012 which prohibits the detention of
prostitutes in re-education centres is undoubtedly a significant step forward.
Sources
- City official
calls for greater efforts to tackle prostitution , Vietnam News, January 7th, 2012.
- Gay male sex
workers on rise in Vietnam , Gay
Star News, December 5th, 2012.
- Trafic
de femmes en hausse vers la Chine depuis lAsie du Sud-est , Le Monde, December 3rd, 2011.
- Vietnam scraps
regulation forcing prostitutes into rehabilitation centers , Thanh Nien News, June 20th,
2012.
-
Vietnam : des prostitues libres des centres pour flaux
sociaux en 2013 , LCI,
11 October 11th, 2013.
-
Vietnam : peine capitale pour trafic dhrone , Europe 1, December 31st,
2011.
- Amnesty
International, Rpublique socialiste du
Vietnam, les Montagnards: une minorit qui suscite nouveau des inquitudes,
April 2004.
- Amnesty
International, Rpublique socialiste du
Vietnam, les Montagnards: une minorit qui suscite nouveau des inquitudes,
ASA 41/005/2004, April 2004.
- Brown M., New Law
in Vietnam to Tackle Changing Face of Human Trafficking , Voice of America, November 29th,
2011.
- Child Exploitation and
Online Protection Centre (CEOP), British Embassy of Hanoi, The trafficking of women and children from Vietnam, 2011.
- CRIDES/Fondation Scelles, Revue de lactualit internationale de la prostitution, 2012.
- Derks A, Roger H., Vanna
L., Review of a Decade of Research on Trafficking in Persons, Cambodia,
The Asia Foundation, 2006.
- Đinh T.
H, Vraies et fausses vierges au Vit Nam. La falsification corporelle en
question , Extrme-Orient
Extrme-Occident, n.32, 1/2010.
- Hoa M., Monthly
income of prostitute workers very high , Vietnam Net Bridge, March 16th, 2012.
- Human Rights Watch
(HRW), The rehab archipelago - Forced
labor and other abuses in drug detention centers in southern Vietnam,
September 7th, 2011.
- Law No. 66/2011/QH12 on human trafficking prevention and combat,
The National Assembly, Socialist Republic of Viet Nam, n.66/2011/QH12, Hanoi,
March 29th, 2011.
- Marshall P., Globalization, migration and trafficking:
some thoughts from the South-East Asian region, UN Inter-Agency Project on Trafficking in Women and Children in the
Mekong Sub-region, Occasional Paper n.1, May 8-10, 2001.
- Marshall P., Globalization, migration and trafficking:
some thoughts from the South-East Asian region, UN Inter-Agency Project on Trafficking in Women and Children in the
Mekong Sub-region, Kuala Lumpur, 2001.
- Pouille L., Souchet F.-X.,
Sakulpitakphon P., Pimonsaengsuriya K., Upadhyay J., Berardi G., Bose A.,
Lucchi J., Nevitt T., Capaldi M., Global
monitoring: status of action against commercial sexual exploitation of children
– Vietnam, ECPAT International,
2011.
- Socialist Republic of Viet Nam, Law No. 66/2011/QH12 on human
trafficking, prevention and combat, The National Assembly, Hanoi, March 29th,
2011.
- U.S. Department of
State, Trafficking in Persons Report,
June 2012.
- U.S. Department of
State, Trafficking in Persons Report,
June 2013.
- United Nations
Inter-Agency Project on Human Trafficking (UNIAP), SIREN human trafficking data sheet: Myanmar, March 2008.
- United Nations
Inter-agency Project on human trafficking (UNIAP) Trafficking Estimates,
Strategic Information Response Network (SIREN) Trafficking Estimates, A quantitative analysis on human
trafficking, the case of an Giang province, An Giang University, January
2011.
- United Nations
Inter-Agency Project on Human Trafficking (UNIAP), SIREN human trafficking data sheet: Vietnam, 2008.
- United Nations
Inter-agency Project on human trafficking (UNIAP), Strategic information
response network (SIREN) Trafficking Estimates, A quantitative analysis on human trafficking, the case of An Giang
province, January 2011.
- Wang Y., Trafficking in women and children from
Vietnam to China, legal framework and government responses, Anti-Human
trafficking program in Vietnam, Oxfam Quebec, August 2005.
- Ministry of Labour, Invalids and Social
Affairs : http://english.molisa.gov.vn/
- Office of the High Commissioner for Human Rights
(OHCHR) : http://www.ohchr.org/FR/Pages/WelcomePage.aspx
- Transparency International : http://www.transparency.org/country#VNM
- United Nations Treaty Collection: http://treaties.un.org/
The Fondation
Scelles, officially recognized in 1994, was created in 1993 by Jean and Jeanne
Scelles, Christian Democrats, who donated their fortune to the project.
Jean Scelles,
a member of the French Resistance, was imprisoned in 1941 in Algiers. There he
discovered prostitution while listening to a procurer – a fellow prisoner
– explain how he would tame and punish rebellious girls. Narrowly
rescued, Jean Scelles promised to dedicate his life, alongside his wife, to the
protection of human dignity by improving public awareness, lobbying within the
political sphere, and enforcing the prosecution of traffickers.
Between 1953
and 1973, 40 lawyers associated with the Equipes dAction Contre le
Proxntisme (Action Teams against Procuring) filed more than 300 lawsuits
against procurers. These teams continue to fight tirelessly against procuring,
filing an average of 15 lawsuits per year.
When Jean
Scelles died in 1996, his nephew Philippe Scelles, who had helped him create
the foundation, became President. Since then, the foundation has developed
consistently, thanks to the dedication of numerous collaborators and
volunteers.
Yves
Charpenel, Deputy General Prosecutor of the Supreme Court of France, has been
President of the Foundation since 2010.
Prostitution,
human trafficking, sex tourism, and pornography are all cause for outrage. The
commercial sexual exploitation of children and adults is insufferable.
Our duty and
mission is to uncover, understand, and fight against this terrible scourge and
to create a world free of any form of commercial sexual exploitation.
Our goals:
Increase public awareness of the
magnitude of this challenge. Prostitution affects us all. Values as fundamental as the
respect of others, equality, and development are infringed upon by sexual
exploitation. Refusing the use of prostitution as a system of human
exploitation preserves our respect of these values.
Change the perception of prostitution. We call on public
opinion to acknowledge the reality of this system and to disapprove of what may
seem to be a certain and everlasting fact. We want prostitution to be seen as a
consequence and cause of socio-economic, as well as gender disparities, in
order to incite a true change in public opinion.
A coherent global policy. The only way to
effectively fight against sexual exploitation is through the coordination of
social services, health care, police, and judicial services.
Obtain the harmonization of European
policies.
In Europe, as borders disappear every day, the harmonization of national
legislation based on the clear principles of respect, equality and the
disapproval of any kind of legalized procuring, is essential.
Introduce a sense of
responsibility into the minds of the client. Clients of prostitution represent a
very important part of the system of violence endured by sex workers. Their
responsibility should be at the center of public debates and policies
regulating prostitution. The Fondation Scelles does not exercise any moral
judgment, and it does not question the prostitutes free will. We fight on
behalf of all prostituted persons for whom the choice to be a prostitute is
nothing but an illusion.
Fondation SCELLES
14 rue Mondtour – 75001 Paris
(France)
Tl. 00 33 1 40 26 04 45 – Fax. 00
33 1 40 26 04 58
E-mail : fondationscelles@wanadoo.fr
Prostitution concerns us all.
We need your help to fight against it
Yves Charpenel,
President
For the third year, the Fondation Scelles presents an
overview of sexual exploitation around the world. This past year has been
particularly fruitful for traffickers and the various analyses in this report
confirm the variety, intensity and adaptability of criminal networks in France
and around the world, which are becoming more and more present in all observed
forms of prostitution.
The studies, country by country, focus on the main
trends of sexual exploitation today, and confirm the growing threats to our
societies.
What
is particularly focused on in this new report is the establishment of the facts
concerning effective responses, and more generally, demonstrating that
effective campaigns are those that are done together. Beyond the different
looks worn by legislators, governments, and associations confronted with the
globalization of sexual exploitation, the Fondation Scelles continues to search
for all partnerships to stop this crime from becoming commonplace. In this
context, the draft legislation currently being debated in France, along with
the 3rd Global Report, offers our country, as well as the world, an
opportunity for informed debates on the development of prostitution.
*
* *
The Fondation Scelles, an acknowledged association of public utility since 1994,
aims to ensure that every human being may prosper without resorting to
prostitution. Through analysis and awareness campaigns aimed towards the policy
makers and the general public of France and Europe, the Fondation Scelles, in
partnership with several other associations, fights to uncover, understand, and
combat this form of violence.
Cover photo: Elise Legrand
(http://www.eliselegrand.com)
[1]
Fondation Scelles, Charpenel Y. (Under the Direction of), Rapport mondial sur lexploitation sexuelle – Prostitution au
cur du crime organis, Paris, Economica Ed., 2012.
[2] See the work of Freud, including Cinq leons sur la psychanalyse and Au-del du principe de plaisir.
[3] See Bourdieu P., La Distinction. Critique sociale du jugement, Les Editions de
Minuit, 1979.
[4] Plato uses the image of an individual observing the shadows reflected on the walls of a cave much like our everyday perceptions we have the illusion of a world being only a shadow of reality. It therefore considers that the ideas, authentic knowledge objects are accessible only by exceeding our empirical perceptions, which are their pale reflection.
[5] Ensemble pour Soutenir les Projets et les
Programmes en faveur des Enfants des Rues (ESPPER), NGO Helping Create Programs
towards Street Children.
[6] For a larger discussion of
this confusion, see the article on the French press and prostitution.
[7]Legardinier
Cl., Prostitueurs, tat des lieux , Prostitution et Socit, n.163, October 2009.
[8]Les Clients, a documentary by Hubert Dubois and
Elsa Brunet, 2006.
[9] Numerous studies show
differences provided to babies at birth by sex treatments - and throughout life
- in order to enroll in a well-defined gender identity, in this regard, see in
particular the work of Franoise Hritier, Elena Belotti, Christian Baudelot
& Roger Establet, LIntroduction aux tudes sur le genre, L. Bereni , S. Chauvin , A. Jaunait
, A. Revillard , De Boeck , Brussels, 2012, or Article Franoise Vouillot Construction
et affirmation de lidentit sexue et sexuelle : lments danalyse de la
division sexue de lorientation , L'orientation scolaire et
professionnelle, 31/4 | 2002 , 485-494 :
The construction of sexual identity is the result of the interaction between
biological, cultural normative influence(mediated by education and
socialization) and structuring activity of the subject that involves its
ability but also its desire to be expected as it is.
[10]See the work of Claude
Levi-Strauss.
[11]See the work produced by
Fabrique Spinoza, whose conclusions show that Work towards a rebalancing of
relationships between men and women, so it's working for the collective
well-being. Men are equally beneficiaries of the proposed measures.
http://www.fabriquespinoza.org/2012/07/rapport-40-propositions-pour-une-amelioration-des-relations-femmes-hommes/
[12] Zahia was the young female prostitute that several players from the French Soccer team used while she was still a minor. They will be on trial on 2014.
[13] Scne 7, acte II (v. 549-550).
[14]A total of 747 press
articles of 2012 were studied and reviewed by Fondation Scelles. The articles
are gathered daily from hundreds of French and English news sites from a number
of keywords related to prostitution. These items come from major national and
regional newspapers, as well as several news sites online. This massive and
diverse sample allows a glimpse of how the issue of prostitution is treated in
the French press.
[15] UNODC, Estimating illicit financial
flows resulting from drug trafficking and other transnational organized crimes
– Research report, October 2011.
[16] Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, especially Women and Children,
supplementing the United Nations Convention against Transnational Organized
Crime., New York, November 15th, 2000.
[17] Fondation
Scelles, Charpenel Y. (Under the Direction of), Exploitation sexuelle - Prostitution et crime organis, Economica
Ed., Paris, 2012.
[18] Prostitution is defined by
the optional protocol CRC on the sale of children, prostitution and pornography
involving children of May 25th, 2000 as using a child, a minor, in
sexual activities in exchange for remuneration or other advantages.
[19] Appeals Court of Paris,
Ple 6, Chamber 10, Decision 07/0172, March 12th, 2012.
[20] Decree of July 9th,
2008 relative to the organization of the French Ministry of Justice.
[21] Appeals court of Rouen,
chamber of minors: decision 10/03711 of November 9th, 2010.
[22] Appeals court of Paris,
Ple 2, Chamber 4, decision 12/05235, December 6th, 2012.
[23] Trajectoires et prise en charge de
mineurs roumains , Revues-plurielles, n. 20.
[24] Rape, Sexual assault,
Corruption of Minors, Involvement in Child Prostitution, Provocation of Child
pornography.
[25] See
chapter on Sweden.
[26] Centre
de Recherches Internationales et de Documentation sur lExploitation Sexuelle (International
Research and Documentation Center on Sexual Exploitation).
[27] The entire collection of
articles, in relation to this topic, are available from Fondation SCELLES/CRIDES.
[28] The classification in the
Watch List of tier 2 is a warning of the eventual degradation into tier 3.
[29] EROS (Australias national adult retail and entertainment association) : http://www.eros.org.au
[30] The National Coordinator
against human trafficking at the Austrian ministry of Foreign Affairs.
[31] See
Austria , Fondation SCELLES, CHARPENEL Yves, Exploitation sexuelle - Prostitution et crime organis, Economica
Ed., 2012.
[32] From a more general view,
the group enhanced the importance of the combat against trafficking in children
and of the collaboration among NGOs, embassies and experts. A reinforced
cooperation (programs of prevention for populations at risk, activities, and
development aid) with Nigeria, Moldavia, Bulgaria and Belarus has been planned.
[33] Procurers make the best of
the fact that prostitutes cannot be expelled, as long as the asylum request is
going on.
[34] The plan renews the goals
of the preceding one such as described in the 2012 report, for the 2012-2014
period: (inter)national cooperation and coordination, protection of the victims,
legal proceedings and assessment.
[35] See
Autriche , Fondation SCELLES, CHARPENEL Yves, Exploitation sexuelle - Prostitution et crime organis, Economica
Ed., 2012.
[36] The MR is a francophone
Belgian political cartel of the right and center right, from the coalition of
several parties.
[37]A room within a house that
has a large glass window and the prostitute stands behind the window.
[38]Facebook site of de Freddy Thielemans (Bourgmestre-Prsident of
Bruxelles): https://www.facebook.com/Thielemans.Freddy/posts/170599453066154
[39] Institution whose goal is
to better the quality of life of workers.
[40] Mapeamento dos Pontos Vulnerveis Explorao
Sexual de Crianas e Adolescentes nas Rodovias Federais Brasileiras 2011-2012 (Disque direitos humanos 100), Childhood
Brasil, Organizao Internacional do Trabalho, Polcia Rodoviria Federal,
Secretaria de Direitos Humanos da Presidncia da Repblica, 2012.
[41] Statistics announced by
the President of the Commission, the Brazilian senator PT-DF Erika Kokay.
[42] Sentencing Regional Labor
Court of the 11th Region, November 6th, 2012.
[43] The chalga is a Bulgarian folk music combining Bulgarian, Roma, Turkish, Arabic and Greek influences.
[44] Rehabilitation centers are
designed to treat "social evils" (drug addiction and prostitution).
The reality of these centers is not documented at present.
[45] Project Childhood has been
initiated by the Australian Agency for International Development against
childrens sexual exploitation in Mekong.
[46] UNODC, Cambodia fights sexual exploitation of children
with more female police and by training all police on gender-based violence, November
12th, 2012.
[47] In 2012 he was
sentenced to 5 years imprisonment,
yet he hadalready been
sentenced to 2 years in jails in
2010, for abusing four boys aged 11 to 13, which he served for 10 months.
[49] Amely-James KOH BELA
doesnt give however any precision on the extent of these practices in Cameroon
itself.
[50]No more recent source was
available when this article was written.
[51] See Canada,
Fondation SCELLES, CHARPENEL Yves, in Exploitation sexuelle –
Prostitution et crime organis, Economica
Ed., 2012.
[52] Named after
the judge who abolished the three rules of the Criminal Code restricting
prostitution.
[53] The death of a brothel
owner leads to the closure of the facility with the exception of a resumption
of the license by a member of his immediate family.
[54] In 1973, Taipei had over a
hundred licensed brothels, about 1,000 prostitutes. In 1997, there were more
than 18, 128 licensed establishments and prostitutes. In 2011, the number of
licensed brothels was only 10.
[56] According to the study
published in a journal DIRE N3/2012: Relations of gender and social practices,
the situation in Cuba, by Dominique Gay-Sylvestre (University of Paris VII)
[57] For the execution of the Rantsev case, see the Council of Europe website :
[58] The provisions of the
Criminal Code relating to prostitution
are inserted in Part
IV entitled "The offenses
harmful to the public interest" and, more
precisely, within a sub-section
entitled "Offences affecting
ethics ".
[59] Each local council may present a bill concerning its own city.
[60] See Egypte, Fondation
SCELLES, Charpenel Y. (Under the Direction of), Exploitation sexuelle – Prostitution et crime organis, Economica
Ed., 2012.
[61] Figures from Gnther Jauchss talk-show on
human trafficking, December 2012.
[62] See Germany, Fondation SCELLES,
CHARPENEL Yves, Prostitution et crime organis, Economica Ed.,
2012.
[63] The company had invited its best clients to an
evening party in the thermal baths in the company of prostitutes, see Germany , Fondation SCELLES,
Charpenel Y. (Under the Direction of), Exploitation
sexuelle – Prostitution et crime organis, Ed. Economica, 2012.
[64] See Germany , Fondation SCELLES, CHARPENEL Yves, (Under the Direction of), op. cit.
[65] OSAR Statistics are established from data gathered in national hospitals.
[66] Law defines femicide as the murder of a woman within the context of unequal relations of power between men and women. Sentences range from 25 to 50 years of imprisonment.
[67] An elderly man (sugar daddy) or woman (sugar mummy) who keeps a much younger
female or male lover.
[68] Blackwater is an American military firm private
working in Iraq and Afghanistan.
[69] According to the Lebanese TV channel Al Manar :
the two employees explained that
Blackwater would give one dollar to the children in exchange for their services to the
male employed by the Firm .
[70] Women Iraqi refugees are mainly sent to Syria,
Jordan, Lebanon, Koweit, Saudi Arabia and the United Arab Emirates.
[71] A type of non-written wedding contract between
a man and a woman for a determined duration which can be interrupted at any
time.
[72] http://www.haaretz.co.il/news/law/1.1639895, February 12th, 2012 (in Hebrew).
[73] The name of the spokesman for the government
at the time: Yohei Kono.
[74] Act Number 3 of Sexual Offenses Act, www1.chr.up.ac.za
[75]www.indexmundi.com
[76]Dupaquier F., Delle Piane L., A
contrecur : enfants victimes du tourisme sexuel, ECPAT France, Frontview
productions, documentary (156), November 27th,
2010.
[77] Young women remain in
the club from 8pm to 5am, then are forced to
stay at the hotel between 5am and 1pm, hours of
rest are between 1 pm and 8pm.
[78] A survey conducted by Jagriti Mahila-MahaSang (JMMS) and Blue Diamond Society (BDS) indicated that about 79% of the 75 male and transsexual interrogated prostitutes had been victims of violence from police authorities (44% raped, 51% sexually abused). In the same matter 89% of 75 female interrogated prostitutes, declared of having been victims of violence from police authorities (7% raped, 19% sexually abused).
[79] However, according to the U.S. Department of State report on human trafficking, the first in the ranking countries of origin of victims of trafficking in the Netherlands are quite different: The Netherlands, Hungary, Nigeria, Romania, Bulgaria, Sierra Leone and Poland.
[80] included all forms of exploitation, because Dutch law on human trafficking treats prostitution as forced labor.
[81] This term refers to procurers who seduce young women, often minor, cut them off from their family and friendly environment for prostitution.
[82] See New-Zealand, Fondation Scelles, Charpenel Y. (Under the Direction of), Exploitation sexuelle-Prostitution et crime organis, Economica Ed., Paris, 2012.
[83] In 2012, the unit of Oslo was dissolved and incorporated into the unit investigating organized crime.
[84] Group of prostitutes in Norway PION, ROSA Project, Prosentret and the Red-Cross in Bergen.
[85] State project that provides housing and monitoring for victims of trafficking.
[86] Fondation Scelles, Charpenel Y. (Under the direction of), Exploitation sexuelle - Prostitution et crime organis, Economica Ed., Paris, 2012.
[87] Tiangge indicates a covered area where
products are sold at the lowest price.
[88] See
Philippines , Fondation Scelles, Charpenel Y. (Under the Direction
of), Exploitation sexuelle - Prostitution
et crime organis, Economica Ed., Paris, 2012.
[89] This radical movement recommends a return to sources and a strict, literal interpretation of the Koran, which leads to certain extremist positions.
[90] Conditions are rather restrictive since, among others, the child must have reached puberty age and be financially independent.
[91] The cum manu marriage has a special characteristic which consists in removing definitively the wife from her fathers authority, to make her obey her husband or her father in law if he is still alive.
[92] The term mule refers to someone who bring drugs across borders while transporting them.
[93] The Council of States is the Higher House of the Swiss Federal Assembly. It represents the cantons.
[94] Fall Session 2012 - 12th Meeting – September 25th, 2012.
[95]Women have few opportunities in terms of education and employment, with the national literacy rate at 78% for men versus 62% for women (The Protection Project, 2012).
[96] International Tourism Bourse (ITB) Travel Fair (The Worlds Leading Travel Trade Show).
[97] According to the Treasury Department, the United Arab Emirates economy is dominated by the capital Abu Dhabi (just over 60% of total GDP) providing the bulk of the oil production, while Dubai (nearly 35% of total GDP) relies on the development of their service industry.
[98] Sponsoring is a restrictive patronage system used in certain Middle Eastern countries where migrant workers are under the guardianship of foreign businesses.
[99] The 2011 strategy called The four-pillar anti-human trafficking strategy was based on four essential aspects of the fight against human trafficking, namely, legislation, implantation of the law, support for victims, bilateral agreements and international cooperation.
[100] A complete list of the Vietnamese anti-trafficking legal framework and of bilateral and multilateral agreements signed by Vietnam is available on the internet: http://www.no-trafficking.org/vietnam_action.html