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PAPM 4000 Group Presentation - Sexual Exploitation

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Innah Gaspar

on 19 November 2012

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Transcript of PAPM 4000 Group Presentation - Sexual Exploitation

Questioning the Nordic Model Creating
the
Human Rights
Context By Emma Crawford, Innah Gaspar, Chris Neumann,
Bailey Poredos, Kienan Webb The articles which are explicitly or implicitly violated are as follows:

Article 3 - “life, liberty and security of the person;”

Article 4 - “No one shall be held in slavery or servitude;”

Article 5 - “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;”

Article 9 - “No one shall be subjected to arbitrary arrest, detention or exile;”

Article 13 (1) - “(1) Everyone has the right to freedom of movement and residence within the borders of each state;”

Article 23 (1) - “ Everyone has the right to work, to free choice of employment, to just and conditions of work and to protection against unemployment;”

Article 24 “Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay;”

Article 25 (1) “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing..., and the right to security in the event of unemployment, sickness, disability...” UDHR Canadian Charter of Rights and Freedoms
Equality Rights (s. 15)
Criminal Code of Canada
279.01-279.4
Immigration and Refugee Protection Act
S. 118
United Nations Convention Against Transnational Organized Crime and the Protocols Thereto,
Art. 5 & 13 Duties of States The sections within the Charter are as follows:

Section 6 (1) “Every citizen of Canada has the right to enter, remain in and leave Canada;”

Section7 “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice;”

Section 9 “Everyone has the right not to be arbitrarily detained or imprisoned;”

Section 12 “Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.” Canadian Charter of Rights of Freedoms No gender equality as women are only seen as victims who need our help
Continuously stigmatized, especially if they do not “take advantage” of the exit strategies
Discriminated against by landlords or “rent pimps” and forced to lie in order to rent premises Problems with the Nordic Model Continued Only aimed at street-level prostitution (only 5-20% of overall sex work) forcing street prostitutes underground into even less safe conditions
More competition=less money for street based workers
Can no longer refuse potentially dangerous clients (and those who do not want to wear a condom) and have less time to determine how safe the clients are
Many women now advertising online Problems with the Nordic Model Street prostitution: the prostitute solicits customers while waiting at street corners or walking alongside a street
Brothels: establishments specifically dedicated to prostitution, often confined to special red light districts in big cities
Masseuses: similar to brothels but not presented as places of prostitution
Escort/Out-call prostitution: an agency which the customer calls and the act takes place at the customer’s place of residence or more commonly, in a hotel room Types of Prostitution Combating prostitution oriented around social initiatives
Previous prostitution in inquiries emphasized value of such initiatives
Unlike other countries, such as Germany, where focus is on harm reduction, Nordic countries aim fighting prostitution by helping people to leave it or to stop purchasing sex Nordic Model Ideals Prostitution: Description, Analysis, Solutions (1980)
Prostitution in Sweden: Background and Solutions (1981)
Sex Trade (1995)
None of the reports wanted to criminalize only the customers
1st inquiry believed in not victimizing any parties (both sides are victims of patriarchal society)
2nd wanted to criminalize both parties as you need both a buyer and a seller for prostitution to take place
All were harshly criticized by women’s movements which called for criminalizing buyers only. Previous Reports Laws governing matters, such as prohibitions against public pornography performances, and regulations with respect to communicable diseases, aliens, compulsory care of young or addictive persons, could be used in a prostitution context
the Care of Abusive Persons (Special Provisions) Act could be used to force compulsory care on an addicted adult prostituted person. This might be done in an institutionalized setting, even against their will, if there was “an extraordinarily severe situation, where the addiction patently endangers, i.e., next to thwarting the substance abuser's possibilities to live a humanly dignified life during a long time ahead.”
the Legal Aliens Act at the time was said, inter alia, to enable the state to refuse a non-citizen to enter, or revoke their residence permit when having conducted, or could be presumed to conduct, a “dishonest living” that might include “procuring” and “prostitution” (the latter, assumingly, meant being prostituted) Before the 1999 Legislation In 1999, after years of research and study, Sweden passed legislation that a) criminalizes the buying of sex, and b) decriminalizes the selling of sex.
A third and essential element of Sweden's prostitution legislation provides for ample and comprehensive social service funds aimed at helping any prostitute who wants to get out, and additional funds to educate the public.
The legislative proposal stated that it’s shameful and unacceptable that, in a gender equal society, men should obtain casual sexual relations with women in return for payment Sweden’s 1999 Legislation Increase in emotional stress of prostitutes
More worried about being found out and also worried about future income possibilities
Not seen as a real profession therefore they do not know how they will support themselves once they retire
Greater feelings of powerlessness and resignation. No one supports them or speaks for them (did not consult prostitutes when making the laws) Other Problems It is seen as a variant of rape and abuse
Close connection between drug abuse and prostitution. drug addicts who try to finance their abuse by selling sex, and the fact that the environment prostitutes are exposed to can lead to drug abuse
People assume that prostitutes are the victims of the sex industry; they are abused by other who want to satisfy their sexual needs
Prostitutes are part of an exposed group in need of help Nordic Mindset towards Prostitution Proposal to criminalize the purchase of sexual services was part of the Government Bill on Violence Against Women
It proposed a large number measures in different social sectors to combat violence against women, prostitution and sexual harassment in working life Sweden Government Bill on Violence Against Women Prevention
Protection and Assistance for Victims
Detection, Investigation and Prosecution of Traffickers
Partnership and Knowledge (Domestic and International) National Action Plan to Combat Human Trafficking Increase in organized crime
No reduction in street-level prostitution
No decrease in violence
No evidence of trafficked persons in legal brothels or among regulated sex workers outside brothels
Almost no trafficked persons in underground
No change in size of underground industry since liberalization
Underground sex industry supported by migrant women from Asia Pacific countries – not necessarily being trafficking but of Asian descent
Government information corroborated by NGO’s and advocacy groups Australia ¾ of prostitutes wish to access exit programmes
Increase in organized crime
Increase in child prostitution (15 000) (5000 are foreign)
Legalization excludes street prostitution – further margianalizes most vulnerable and exploited women
Majority of sex workers are foreign
No decrease in sex worker violence
Social taboo still exists – majority believed it was not a desirable occupation
Brothel ban – created rift between local and federal enforcement Trafficking in Netherlands 80 % are foreigners
50% are from countries outside Europe
Tolerance zones for the purposes of pristitution are dominated by foreigners and run by eastern european organized crime
Increase in child trafficking sinze liberalization
Forced to publicly adknowledge problem and seek to limit it
Creation of Human Trafficking Rapporteur
Rollback tolerance zones
Top destination for sex tourism and trafficking victims Trafficking in the Netherlands National Action Plan to Combat Human Trafficking (2012)
Intergovernmental Working Group on Human Trafficking (1999)
CIC, Justice, RCMP, PCO, Passport Canada, PSEPC, AANDC, Health Canada, DFAIT, CSIS, CIDA, PCH, CBSA
Criminal Code
IRPA
Human Trafficking Natioanl Coordination Center (RCMP) 2005
Two officers and one analyst
Information campaign (2004)
Brochure and posters
Regional roundtable
Law enforcement training, Anti-Trafficking in Canada RCMP says between 600-800 people trafficked every year in Canada
Some NGO’s say up to 15,000
USDS – 2000 and 2000 transited
Between May 2006 and May 2008 only 31 foreign nationals identified as victims
2009 – only 5 human trafficking convictions – belgium had 223 in 2007
May 2006 – Temporary Residency Permits (120 days)
Given access to work permits, health care
Victims have option to return home at their own cost
Longer permits need cooperation and higher burden of proof
43 people given permits in 2009
Does not address domestic trafficking
Demographics
Asian and eastern european
Some from africa, latin america and the carribean Trafficking in Canada 32 billion dollar a year industry
Average of 13,000$ a year/victim
15 billion of which is made in industrialized countreis
Asia Pacific region generates highest profits – 9.7 Billion
$13,000 to $67,000 USD/year/victim
Cost of coercion – 20 Billion a year
Between 400 000 and 2 million people trafficked annually
64-87% of individuals trafficked are trafficked for sexual exploitation
UNODC estimates 79% of trafficking is for sexual exploitation
Between 92-98% of individuals who are trafficked are women or girls
Increase in foreign nationals involved in sex work
Increase in sex tourism Trafficking Statistics Young, female, poor, socially or culturally excluded, undereducated, dysfunctional families or institutions – limited economic opportunities
Movement under duress
Social, cultural and legal frameworks that reinforce power imbalances
Legalization of prostitution is a pull factor for traffickers
Political and economic instability What leads to trafficking Three parts (Recruitment, coercion/deception, exploitation) (UNODC)
The act – recruitment, transportation, transferring, harbouring, receipt
The means – threat or use of force, coercion, abduction, fraud, deception, abuse of power, giving, receiving payments or benefits
Purpose of exploitation Trafficking IRPA
(s. 118). No person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion
For the purpose of subsection (1) organize, with respect to persons includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons
Penalties – life imprisonment, and fine of 1 million, or both
Criminal Code of Canada
S. 279.01 – Trafficking in persons
S. 279.02 – Receiving a financial or other material benefit for the purpose of committing or facilitating trafficking in persons
279.03 – withholding or destroying a person’s identiy documents for the purpose of committing or facilitating trafficking of that person
Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children (2003) to the Convention Against Transnational Organized Crime
The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others o other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organ
Protocol Against the Smuggling of Migrants by Land, Sea and Air (2004) What is Trafficking Trafficking and the Nordic Model Create system of reliable, evidence based collection about number of trafficking victims, investigations and prosecutions
Develop national action plan to combat trafficking
Involve trafficking victims
Promote national action plans to reduce violence against women
Examine contextual factors which make victims more vulnerable and address them
Understand the vulnerability of segments of the Canadian population
Create national rapporteur – independent – similar to PBO
Increase Canadian international role in trafficking
National Referral Mechanism – link individuals to services
Maybe if nordic model was applied universally – global application
RCMP has Human Trafficking National Coordination Center
Federal Interdepartmental Working Group on Trafficking in Persons Recomendations Problems
Federal vs. unitary state
Constitutional law
Women’s equality may benefit
Reduced demand
Costly public information campaigns – change public opinion over years Nordic model in Canada Evidence suggests that street-level prostitution decreased in sweden
Some evidence of reduction in trafficking (less favourable conditions for traffickers) but this focuses on street-level prostitution
No evidence of reduction in off-street sex work trafficking
Most of sex work in Canada is not street-level
Moving trafficking elsewhere doesn’t eliminate the problem – might make it worse – instread of sweden which has victim services move to other states
Innefective if neighbouring states have increase in trafficking and prostitution
Increase sex tourism
No internationally coordinated anti-trafficking efforts
Gender equality approach – money spent on education
Legal definitions means convictions are difficult Nordic model and trafficking Claim decrease in prostitution
Claim reduced sex trafficking
Legal definitions make convictions dificult
Limited penalties
Increased attention on labour exploitation at the expense of sex trafficking
200-500 trafficked to sweden – 17000 to finland trafficked
35 traffickin investigations in 2011 – 30% involved children
Increased recruitment over the internet
Increasingly hidden and underground prostitution
Increased number of prostitutes in denmark and norway after 1999 – in 2008 it was estimated that three times more women were engaged in prostitution than in sweden Trafficking in Sweden Red – Prostitution is illegal – Prostitutes are criminal charged
Pink – Nordic model – the clients are criminally prosecuted, but not prostitutes
Blue – prostitution legal but not regulated, brothels are illegal
Light green – prostitution legal and regulated, but brothels are illegal
Dark green – prostitution legal and regulated, brothels are legal and regulated Prostitution Laws in the EU Generally
Poverty
Gender
Age
Limited economic and educational opportunity
Poor governance
Lack of the rule of law
Violence and political conflict
Domestic violence
Social exclusion
Social structures – entrenched power dynamics
Mental health
In Canada
Drug use
Aboriginal women are more likely to be exploited
Organized crime Risk Factors Foreign Nationals
Organized crime
Regional demographics matter
More likely to be underground
Massage parlours, escort agencies, modeling etc
Western provinces – influence of Asian organized crime
Centered around urban centers Canadian Nationals
Aboriginal women
More street-level sex work
Urban centers
Gangs – trafficking of individuals between gangs
Street-level – survival sex
Drugs and sex work
homelessness Trafficking in Canada Questioning the Nordic Model: INTERNATIONAL CONVENTIONS A Policy Report on Sex Trafficking
and Prostitution in Canada Sex Work
in
Canada Profile of
Sex Work
in Canada In-Call Sex Worker provides services at home or work space Out-call Sex Workers meet clients at selected location Street-based workers solicits customers in a public space. Canadian Criminal Code:
1. The Bawdy- Laws
A. Section 210(1) [formerly s.193], who keeps a common bawdy-house
B. Section 211, transport
2. Section 212 criminalizes anyone who benefits or manages from the practice of sex work
3. Section 213 (1) criminalizes communication for the purposes of sex work and results in the majority of prostitution-related chargers. CANADIAN
PROSTITUTION
LAWS
challenged s. 210, 212 and 213(1) on the basis that they violated s.2 and s.7 of the Charter.
Ontario Superior Court of Justice ruled in favor, concluding that the laws were unconstitutional
Court of Appeal in 2012, determined
s. 210 as unconstitutional and gave the parliament 12 months to amend the law
Amended s.212, except in the case of exploitation
Section 213 was interpreted as a violation of the right to freedom of expression, however was justified under s.1 as a reasonable limit. SWEDEN`S
NORDIC
MODEL Increase in emotional stress of prostitutes
More worried about being found out and also worried about future income possibilities
Not seen as a real profession therefore they do not know how they will support themselves once they retire
Greater feelings of powerlessness and resignation. No one supports them or speaks for them (did not consult prostitutes when making the laws) Other Problems

Can no longer refuse potentially dangerous clients (and those who do not want to wear a condom) and have less time to determine how safe the clients are
Many women now advertising online Problems with the Nordic Model It is seen as a variant of rape and abuse
Close connection between drug abuse and prostitution. Drug addicts who try to finance their abuse by selling sex, and the fact that the environment prostitutes are exposed to can lead to drug abuse
People assume that prostitutes are the victims of the sex industry; they are abused by other who want to satisfy their sexual needs
Prostitutes are part of an exposed group in need of help Nordic Mindset towards Prostitution Combating prostitution oriented around social initiatives

Previous prostitution in inquiries emphasized value of such initiatives

Unlike other countries, such as Germany, where focus is on harm reduction, Nordic countries aim fighting prostitution by helping people to leave it or to stop purchasing sex Nordic Model Ideals Sweden’s 1999 Legislation No gender equality as women are only seen as victims who need our help
Continuously stigmatized, especially if they do not “take advantage” of the exit strategies
Discriminated against by landlords or “rent pimps” and forced to lie in order to rent premises Problems with the Nordic Model Continued Prostitution: Description, Analysis, Solutions (1980)
Prostitution in Sweden: Background and Solutions (1981)
Sex Trade (1995)
None of the reports wanted to criminalize only the customers
1st inquiry believed in not victimizing any parties (both sides are victims of patriarchal society)
2nd wanted to criminalize both parties as you need both a buyer and a seller for prostitution to take place
All were harshly criticized by women’s movements which called for criminalizing buyers only. Previous Reports Laws governing matters, such as prohibitions against public pornography performances, and regulations with respect to communicable diseases, aliens, compulsory care of young or addictive persons, could be used in a prostitution context
the Care of Abusive Persons (Special Provisions) Act could be used to force compulsory care on an addicted adult prostituted person.

This might be done in an institutionalized setting, even against their will, if there was “an extraordinarily severe situation, where the addiction patently endangers, i.e., next to thwarting the substance abuser's possibilities to live a humanly dignified life during a long time ahead.” Before the 1999 Legislation Proposal to criminalize the purchase of sexual services was part of the Government Bill on Violence Against Women
It proposed a large number measures in different social sectors to combat violence against women, prostitution and sexual harassment in working life Sweden Government
Bill on Violence Against Women In 1999, after years of research and study, Sweden passed legislation that a) criminalizes the buying of sex, and b) decriminalizes the selling of sex.
A third and essential element of Sweden's prostitution legislation provides for ample and comprehensive social service funds aimed at helping any prostitute who wants to get out, and additional funds to educate the public.
The legislative proposal stated that it’s shameful and unacceptable that, in a gender equal society, men should obtain casual sexual relations with women in return for payment Bedford v. Canada (2010) The Legal Aliens Act at the time was said, inter alia, to enable the state to refuse a non-citizen to enter, or revoke their residence permit when having conducted, or could be presumed to conduct, a “dishonest living” that might include “procuring” and “prostitution” (the latter, assumingly, meant being prostituted) Only aimed at street-level prostitution (only 5-20% of overall sex work) forcing street prostitutes underground into even less safe conditions More competition=less money for street based workers and the Nordic Model IRPA
(s. 118). No person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion
For the purpose of subsection (1) organize, with respect to persons includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons
Penalties – life imprisonment, and fine of 1 million, or both
Criminal Code of Canada
S. 279.01 – Trafficking in persons
S. 279.02 – Receiving a financial or other material benefit for the purpose of committing or facilitating trafficking in persons
279.03 – withholding or destroying a person’s identity documents for the purpose of committing or facilitating trafficking of that person
Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children (2003) to the Convention Against Transnational Organized Crime
The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others o other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organ
Protocol Against the Smuggling of Migrants by Land, Sea and Air (2004) What is Trafficking Young, female, poor, socially or culturally excluded, undereducated, dysfunctional families or institutions – limited economic opportunities
Mental health issues
Drug dependency
Movement under duress
Social, cultural and legal frameworks that reinforce power imbalances
Legalization of prostitution is a pull factor for traffickers
Political and economic instability What leads to trafficking $32 billion USD/year industryAverage of $13,000 a year/victim$15 billion of which is made in industrialized countriesAsia Pacific region generates highest profits – 9.7 Billion $13,000
to
$67,000 USD/
year/
victim ILO:
Cost
of
Coercion – $20 billion/
year Between
600 000 (USDS)
and 2.45 million
(ILO)
people trafficked annually Sexual
Exploitation
USDS: 66%
UNODC: 87%
ILO: 43%
IOM: 81% 80-83% are female and
13-50% are minors Increase in foreign nationals involved in sex work since 1990’s Increase in sex tourism since 2000 Foreign Nationals
Transnational organized crime
Regional demographics matter
More likely to be underground
Massage parlours, escort agencies, modeling
Western provinces – influence of Asian organized crime
Centered around urban centers Canadian Nationals
Aboriginal women
Young women between 15-25 years old
More street-level sex work
Urban centers
Growing in resource rich regions (Oil Sands)
Gangs involved in prostitution
Street-level – survival sex
Drugs and sex work
Homelessness Trafficking in Canada Prostitution legal, brothels legal*, communicating illegal

RCMP says between 600-800 people trafficked every year in Canada
Some NGO’s say up to 15,000
USDS – 2000 and 2000 transited
Canadian nationals
More likely to be young aboriginal
More likely to be involved in survival sex
Foreign nationals
More likely to work in underground sex industry
Link to transnational organized crime
Between May 2006 and May 2008 only 31 foreign nationals identified as victims
2009 – only 5 human trafficking convictions – Belgium had 223 in 2007
May 2006 – Temporary Residency Permits (120 days)
Given access to work permits, health care
Victims have option to return home at their own cost
Longer permits need cooperation and higher burden of proof
43 people given permits in 2009
Does not address domestic trafficking Trafficking in
Canada
Transnational organized crime
Regional demographics matter
More likely to be underground
Massage parlours, escort agencies, modeling
Western provinces – influence of Asian organized crime
Centered around urban centers
Aboriginal women
Young women between 15-25 years old
More street-level sex work
Urban centers
Growing in resource rich regions (Oil Sands)
Gangs involved in prostitution
Street-level – survival sex
Drugs and sex work
Homelessness VS. Canadian Nationals Foreign Nationals Prostitution legal (criminalizes buyers but not sellers) – Brothels and communicating for the purposes of prostitution illegal

Claim decrease in prostitution
Claim reduced sex trafficking
Legal definitions make convictions difficult
Limited penalties – initial intent matters
Increased attention on labour exploitation at the expense of sex trafficking
200-500 trafficked to Sweden – 17000 to Finland trafficked
35 trafficking investigations in 2011 – 30% involved children
Increased recruitment over the internet
Increasingly hidden and underground prostitution
Increased number of prostitutes in Denmark and Norway after 1999 – in 2008 it was estimated that three times more women were engaged in prostitution than in Sweden – previously Norway, Denmark and Sweden were equal Trafficking in Sweden Evidence suggests that street-level prostitution decreased in Sweden
Some evidence of reduction in trafficking (less favourable conditions for traffickers) but this focuses on street-level prostitution
No evidence of reduction in off-street sex work trafficking
Doesn’t address increase in foreign nationals involved in sex trade
Most of sex work in Canada is not street-level
Moving trafficking elsewhere doesn’t eliminate the problem – might make it worse – instead of Sweden which has victim services move to other states
Ineffective if neighbouring states have increase in trafficking and prostitution
Increase sex tourism
No internationally coordinated anti-trafficking efforts
Gender equality approach – money spent on education
Legal definitions means convictions are difficult Nordic model and trafficking Prostitution, and brothels legal, communicating for the purposes of prostitution restricted to certain zones
80 % of sex workers are foreigners
50% of whom are from countries outside Europe
Tolerance zones for the purposes of prostitution are dominated by foreigners and run by Eastern European organized crime
Increase in child trafficking since liberalization
Forced to publicly acknowledge problem and seek to limit it
Creation of National Human Trafficking Rapporteur
Rollback tolerance zones for communication Trafficking
in the Netherlands Top destination for sex tourism and trafficking victims
¾ of prostitutes wish to access exit programmes
Increase in organized crime
Increase in child prostitution (15 000) (5000 are foreign)
Legalization excludes street prostitution – further marginalizes most vulnerable and exploited women
Social taboo still exists – majority believed it was not a desirable occupation Prostitution legal, brothels legal, communicating legal but limited eg. “private” sex workers can only advertise in print/online

Increase in organized crime involvement in sex trade
No reduction in street-level prostitution
No decrease in violence
No evidence of trafficked persons in legal brothels or among regulated sex workers outside brothels
Almost no trafficked persons in underground
No change in size of underground industry since liberalization
Underground sex industry supported by migrant women from Asia Pacific countries – not necessarily being trafficking but of Asian descent
Government information corroborated by NGO’s and advocacy groups Queensland, Australia POLICY RECOMMENDATIONS: (Did the Swedes do it right?)
Full transcript