Trafficking

Republican Senator John Isakson urges the Senate to pass the Justice for Victims of Trafficking Act in March. (Screenshot of Youtube video released by Isaskson)

Republican Senator John Isakson urges the Senate to pass the Justice for Victims of Trafficking Act in March. (Screenshot of Youtube video released by Isaskson)

On Wednesday,the Justice for Victims of Trafficking Act of 2015 [S. 178] passed through the Senate by a unanimous vote of 99-to-0. It is being celebrated as a heroic example of bipartisan cooperation for humanitarian advancement. However, if the bill continues to pass through the House, it will be delivering its system of protection over tapped wires, via an increasingly militarized police force.

Introduced by Senator John Cornyn (R-TX), the majority whip, the Justice for Victims of Trafficking Act of 2015 is nothing short of a carceral mandate. Its primary function is to allocate funds and special privileges to law enforcement and immigration control and to legitimize the adoption of new surveillance technologies, purportedly in order to combat child exploitation.

Democratic opponents delayed the bill in committee for six weeks, debating over whether fines collected from criminal offenders could go towards funding abortion services for trafficking survivors. They argued that Republican lawmakers were trying to throw an anti-abortion rider into the bill, extending the Hyde Amendment of 1976 (which prohibited federal funding of abortion), to apply to non-taxpayer funds. To break the stalemate, Senate majority leader Mitch McConnell (R-KY) put pressure on Democrats to pass the bill by asserting that until the legislation has gone through the Senate, he would not schedule the confirmation of Loretta Lynch, the first black woman to be nominated for Attorney General.

On Tuesday, given much pressure on both sides to move the bill along, a compromise was reached in which a separate pool of money would be created for survivor health services, in addition to money collected from criminal offenders for non-health-related services. The fund stream for survivor health services would already be covered by the Hyde Amendment, and thus could not be used for abortions for trafficking survivors. However, the language of the bill as it was passed ensures that the Hyde Amendment’s reach will not extend further to private funding.

While Democrats in support of reproductive justice and civil liberties have been vocal on the legislation’s language about abortion, they have paid less attention to the ways in which this bill also promotes the militarization of police, expands the carceral system, and funds the use of wiretapping and other surveillance technologies by immigration control, with little transparency or oversight. The amended legislation contains some benevolent provisions for increasing victim compensation and funding social services for survivors of human trafficking. However, in addition to these victim-centered services, there is a clear law-enforcement-centered strategy in the bill for addressing human trafficking, which prioritizes the expansion of funding for law enforcement and immigration control.

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Hillary Clinton in 2009. (Official photo from Department of State page)

Hillary Clinton in 2009. (Official photo from Department of State page)

For our second installment of Big Mother Is Watching You, a guide to prominent anti-sex worker activists and officials, we’d like to remind you of a few salient facts about Hillary Clinton and her relationship to Somaly Mam, after the formal launch of Clinton’s second presidential bid on Sunday. 

While U.S. Secretary of State (2009-2013), Hillary Clinton was responsible for the continuation, from the Bush Administration, of trafficking-related foreign policy harmful to sex workers in the Global South. Under her tenure, the U.S. Department of State continued enforcing the Anti-Prostitution Loyalty Oath, a policy that led to the defunding of a number of very effective anti-HIV/AIDS organizations operating in the Global South who were were unwilling to condemn the sex workers receiving their services. The U.S. government defended that policy to the U.S. Supreme Court, who ruled 6-2 against them in 2013 on free speech grounds (Justice Elena Kagan recused). Unfortunately, that ruling only applies to organizations based in the United States, though it was recently reinterpreted to also apply to organizations based in the U.S. but working in affiliates or offices abroad.

During Clinton’s administration, the Trafficking In Persons Office, a division of the U.S. Department of State, also continued to reward Cambodia with an improved TIP Report ranking for its 2008 criminalization of prostitution, a Bush administration move that led to the imprisonment of sex workers in Orwellian “rehabilitation centers” and other horrors, including beatings, extortion, and rape.

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Cindy McCain speaking at an event hosted by The McCain Institute in Phoenix, Arizona on November 22, 2013. (Photo by Flickr user gageskidmore)

Cindy McCain speaking at an event hosted by The McCain Institute in Phoenix, Arizona on November 22, 2013. (Photo by Flickr user gageskidmore)

Welcome to Big Mother Is Watching You, a guide to prominent  anti-sex worker activists, most of them women. This new feature is brought to you by Robin D.,  veteran activist with SWOP-Denver. Today’s Mothers are a pair of powerful heiresses and philanthropists who, of late, have focused their efforts on influencing policy affecting sex workers. 

Cindy McCain

Cindy Hensley McCain is an American beer (Anheuser-Busch) heiress with an estimated 2007 net worth of $100 million dollars, plus an income of at least $400,000 per year and at least $2.7 million in stock from Hensley & Co., one of the largest Anheuser-Busch beer distributors in the United States. Hensley & Co. was founded by her father Jim Hensley in 1955. McCain’s fortune was a major driver of her husband Senator John McCain’s failed Presidential bids in 2000 and 2008. In addition, she serves on the boards of a few well-funded charity NGOs, and is currently the chair of Hensley & Co..

Cindy McCain has been stoking sports event-related trafficking hysteria since at least late 2013, using the occasion of Super Bowl XVIII in her home state of Arizona to attach her name to the cause. She has campaigned for End Demand-style anti-trafficking legislation both in Arizona and at the federal level.  She began her human trafficking work in conjunction with The McCain Institute, a Washington, D.C. think tank funded in part by Walmart Stores, FedEX, and Paul E. Singer, a hedge fund manager and vulture capitalist implicated in the collapse of the Argentine economy in 2012.

Sports-event-related trafficking hysteria harms sex workers in a few ways. Unfortunately, law enforcement have started using these occasions as opportunities for ramped up stings and other arrests. Sex workers often expect that large sports events might bring increased business, only to find that not only is this not the case, but they’re at higher risk for arrest during these events. The harmful effects of “End Demand”-style legislation are well-documented, especially in the US, where no attempts are ever made by proponents to remove penalties against sex workers, and where penalty increases often target actions that sex workers take to stay safe, as well as prostitution itself. [READ MORE]

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via flickr user STML

(via Flickr user STML)

Have you ever wondered what’s taught in university social work classes about sex trafficking? Several sex worker activists recently decided to go forth and find out by taking the online Human Trafficking course offered by Ohio State University’s Social Work program through Coursera, an education platform that partners with universities to offer online classes.

Course grades were based entirely on starting and responding to discussion forum topics and the students’ creation of human trafficking public service announcements. Although Coursera claimed that the class had 30,000 participants, in the end only 97 completed the class and received a certificate. Those who completed the class have not received the certificates yet. As activist Bella Robinson, put it, “God knows what it will say.”

The forum discussion, according to one sex worker student who posted on Facebook, was “about 99.99% about forcing women to stop doing sex work.” There was little or no moderation, with students up or down voting each other’s posts similarly to the way Reddit users do. The instructor, Dr. Jacquelyn Meshelemiah, an associate professor at Ohio State’s College of Social Work, rarely interacted with students and never corrected misinformation or addressed abusive comments. [READ MORE]

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The RedUP gang at yet another conference. (Photo courtesy of Red Umbrella Project.)

The RedUP gang at yet another conference. (Photo courtesy of Red Umbrella Project.)

When I accepted the chance to go the International Human Trafficking, Prostitution, and Sex Work Conference in Toledo, Ohio, I wasn’t sure what to expect. The organization I work for, Red Umbrella Project, attended the conference to present our report on New York’s new Human Trafficking Intervention Courts. Just the fact that they accepted us—a sex worker-run organization—to speak threw me for a loop. When I saw that members of SWOP (Sex Worker Outreach Project) and Miriam Weeks (AKA Belle Knox) were also speaking, I wondered if this conference might prove an exception to the usual anti-sex work stance of the rescue industry. After all, “sex work” was right there in the title. Someone in charge must have understood the complex reasons people get into sex work better than to assume that everyone everywhere within the sex industry is being exploited and trafficked, right? But as a sex worker, I also knew what the rescue industry—and what seems like most of the world—thinks of me and my job.

Our organization has just completed an eight-month study on New York’s Prostitution Courts, now known as Human Trafficking Intervention Courts (HTICs). Now, in 11 jurisdictions within New York state, anyone charged with prostitution is assumed to be a victim of human trafficking and instead of being charged as a criminal can choose to do five to six sessions in a diversion program.

It felt to me like we were pretty well received. We didn’t deliver an impassioned speech about the plight of American sex workers, we instead explained the trafficking courts of our city, pointing out how they aren’t meeting the needs of the people they’d taken a seemingly more compassionate legal stance for. Our study found that the racially motivated arrest tactics of the NYPD were very visible within the courts, and that due to a shortage of capable interpreters, defendants who spoke English as a second language were progressing through the system at a third of the speed of native English speakers. We also suggested that the six weeks of therapy the diversion programs provided did little to address the needs of people doing sex work for survival. After a defendant charged with prostitution completes their mandated diversion program, they have an open record for six months, which can be a barrier when trying to find other work. They also cannot be re-arrested during this period or they have to start the process from the beginning again.There are more and more new court systems in the US that are similar to New York’s, and the idea of using “human trafficking” as a term that refers to all people in the sex trades is becoming more popular. And most of the time, the fight to end human trafficking is led by people who make no distinction between someone who is forced or coerced into the sex industry, someone who enters it by choice or curiosity, and the myriad scenarios in between the two. We saw a lot of this in the Toledo conference.

The best example might be the woman who, after finding out what Red Umbrella Project does, asked us, “But if your organization is made up of current and former sex workers, how do you keep the current ones from recruiting the former ones?” The member who she asked was floored as he tried to explain that that has never been a problem. How could you explain to someone with that view of sex work that no, our organization is not partially made up of unscrupulous hookers lurking around trying to sucker recovering trafficking victims back into a life of drug-addled degradation? We all tried to explain, taking varying tacks with forced cordiality. We explained that RedUP is made up of sex workers from all walks of life and varying circumstances, that our main goal is to give our members the tools to tell their own stories and advocate for themselves, and would you like to take a look at our literary journal of sex worker memoirs? It was exhausting, but it felt important for us to be there, no matter how much teeth-gritting it took.

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