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Gender, Exploitative Migration, and The Sex Industry - A European Perspective (ART, 2003)
Gender, Exploitative Migration, and The Sex Industry - A European Perspective (ART, 2003)
Gender, Exploitative Migration, and The Sex Industry - A European Perspective (ART, 2003)
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THANH-DAM TRUONG
This article weaves together three dimensions of sex trafficking, notably commercial sex
as violence against women, as a livelihood option, and as part of the social formation of
an inter-state system of transaction of sex as a commodity. Based on data from Europe,
the article shows how analysis of violence against women in commercial sex must be
taken beyond the workplace and located in social processes that precede it—economic
policy of transition and intra-state violence that undermine women’s human insecurity in
their daily lives. Diverse forms of violence at the workplace are outcomes of the treatment
of women as a commodity on the labor market through unethical self-regulating recruitment
systems, as well as an ineffective regulation of migration and commercial sex. Responses
to this problem at EU level could benefit from a human security framework sensitive to
existing sex/gender systems and their dynamics.
Introduction
Europe’s experience in the trafficking of women and young girls for the
purpose of exploitation is not new. Historical records show that sex traf-
ficking as a form of trade was found in Western Europe as early as the
14th century. With colonial expansion, some countries in Western Europe
also had the experience of ’exporting’ young women to the Americas,
Middle East and Pacific Asia (Commission of Inquiry, 1933). In con-
temporary history, Western Europe has become a well-known ’importing’
avenue in the services of commercial sex workers and professional
housewives through commercial arrangements such as mail-order-brides,
and other forms of market-based matchmaking.
Three main waves in the contemporary history of sex trafficking in
Europe may be identified. The first wave was from 1978 through the
1980s, and involved adult women from Asia, Latin America, the Carib-
bean, and West Africa, destined for the Netherlands, Germany, Italy,
and Spain. In the 1990s, a second wave involving women from China,
the Baltic States, Central and Eastern Europe (CEE) and the Common-
wealth of Independent States (CIS) became visible, involving younger
women, sometimes under-aged (Europol, 2000a; IOM, 2001 a; Brussa,
1999). In this wave, new destinations such as the Scandinavian countries
have also been added. In the late 1990s and early 2000, women from the
Balkans have also emerged as victims as well as agents in sex trafficking
activities, and a number of countries in CEE and the Balkans have
assumed the role of transit points’ (IOM, 2000, 2001 b, 2001 c; UNMIBH,
2000).
It is, therefore, important to identify and locate the causes, conse-
quences, and structural variations of sex trafficking, which seems to be
integral to the of
history global capitalism but still remained under-
researched until recently.
are either not representative, or are unable to adequately show its mag-
nitude.’ Nevertheless, some dimensions of the magnitude of sex traf-
ficking may be comprehended through an estimate of the percentage of
migrant workers in the sex industry. A 1999 survey conducted by
TAMPEP (Transnational AIDS/STD Prevention among Migrant Prosti-
tutes in Europe Project) shows that the percentage of migrant women in
the commercial sexual service sector has increased despite repressive
measures introduced between 1997 and 1999 (Brussa, 1999: pp. 25-
Germany, Spain, the Netherlands, and the United Kingdom have shown
more national diversity than others.
It is not known a priori why some countries serve as attraction poles
for migration. Europol (2000a, 2000b) suggests that strategies of organ-
ized crime may be an explanatory factor. Such strategies tend to target
countries with easy entry regulations, flexible and/or weak laws on
prostitution and sex trafficking, which are then turned into transit points
for further distribution in the EU. Moreover, the lack of uniformity in
legal regulatory system within the EU as a community has created the
conditions for ’forum shopping’ by criminal gangs, who evaluate the
market situation by looking at the situation of law enforcement as well
as the supply and demand sides. These gangs exploit the differences in
who sustain that system. Current legislation that targets illegal migrant
women in the sex sector as violators of immigration law indirectly but-
tresses the power of sex-capitalists,4 and turns sex trafficking into a crime
of low risks and high profits. Over time, activities in the sex sector affect
patterns of consumption and investment that sexualize leisure activity
more broadly, creating a proliferation of sex-related conspicuous con-
sumer services for which a regular supply of fresh labor must be ensured.
Increasingly, young transvestite men are also found in the sex industry,
particularly in England and Spain (Brussa, 1999). The combination of
dynamics on the demand side with those on the supply side has created
an economy of sex based on predatory principles, violence, and primitive
accumulation.
Based on available evidence, Figure 1 distills the essential features of
organized crime in sex trafficking. Despite the diversity of practices and
actors involved, it is clear that sex trafficking constitutes an interface
between two types of services provided on a semi-legal and illegal basis.
One is the provision of information and arrangement of facilities for
would-be migrants as part of recruitment. The second is the allocation
of migrants as laborers to commercial institutions providing asexual
.
Source: Compiled from various IOM reports and Amy O’Neill Richard (1999).
instilling the fear that if they denounced the perpetrators, they and their
family would be destroyed by that magic. In contrast, citizens of countries
which have a formal economic association with EU, or are in the process
of applying for membership, benefit from bilateral agreements with re-
gard to ease of entry and work permit. They can enjoy ease of entry for
non-sexual purposes, and can be deployed thereafter to work for sexual
purposes and claim their rights. However, this does not imply that citi-
zens from countries with formal economic associations with EU are less
exploited than citizens from other countries. What is clear is that the
legal space for them to maneuver is greater than for others without such
rights.
An illustrative example is the case of a Czech woman who challenged
the Netherlands state for refusing to grant her a residence permit to work
as a self-employed sex worker. According to an association treaty be-
tween Poland, the Czech and Slovak Republics, and the European Union,
citizens from these transition countries may enjoy the right to self-
employed labor in the European Union. The Czech woman, whose means
of entry to the Netherlands is not known, applied for a residence permit
to work in prostitution in the Netherlands. The Ministry of Justice denied
this application on the grounds that prostitution could not be seen as
labor in the sense of the treaty. The woman took the Dutch state to court,
and on 18 July 1997 the court in The Hague overruled the decision of
the immigration office, making it clear that prostitution is labor in its
full juridical meaning. It concluded that if citizens from countries under
the association treaty could prove to the Dutch administration that they
could support their own living costs by working in the sex trade as self-
employed rather than under wage-labor conditions, then they must be
given a residence permit (Visser, 1997).
A Regulatory Framework
This case raises the controversial issues as to whether a regulatory frame-
work that recognizes commercial sexual services as work enhances the
protection of commercial sex workers or promotes the integration of
the sex trade in the world economy. The new Dutch law that recognizes
prostitution as labor seeks to protect women in the sex trade by creating
an opportunity for them to be separated from the control of organized
persons.
Unable to resolve these differences, many countries now turn to the
protection of the human rights of victims as an area where consensus
has been achieved. In several countries, notably the Netherlands, Belgium,
and Italy, civic groups have lobbied and succeeded in reforming legis-
lation that permits a temporary stay for a victim of trafficking while she/
he decides whether or not to participate as a witness in criminal proceed-
ings. During this time she/he is provided the necessary support mediated
through NGOs, and in some cases may be allowed to study or work and
regain her/his autonomy. Cooperation with the law enforcement and judi-
cial authorities will provide victims with a residence permit until the
criminal proceedings are completed. Other EU governments may ’infor-
mally tolerate’ trafficked persons for a period of time as long as they
cooperate with law enforcement (OSCE, 1999). For example, one condi-
tion is that victims of trafficking who come forward must leave the coun-
try after the criminal investigation and prosecution are completed.
Legal and social protection of victims seems to have worked. Belgium,
the Netherlands and Italy all report a significant increase in witness testi-
mony and successful prosecution of traffickers, although restitution or
civil remedy to and protection of the victims after repatriation remain a
weak area (ibid.). The problem is that there is no mechanism to monitor
returnees or provide additional support so far. Therefore, the vulnerabil-
ity of returnees to re-trafficking remains open to inquiry. As pointed
out, in countries where trust does not characterize the relation between
law enforcers and the victims, even NGOs who are on the side of the
victims are reluctant to cooperate with law enforcement agencies (ibid.).
Victims are seen primarily as instruments for criminal investigation, hence
their role as witnesses is more emphasized. Obliterated are their real
needs such as psychological security (regaining self-respect and auton-
omy), and financial security. Thus, in the absence of a legislative frame-
work and procedural mechanism to ensure the safety and fair treatment
violence during the militarized ethnic conflicts, both by the military and
armed rebels (Bellamy, 1997). In the post-conflict era, the tacit tolerance
of such violence by power structures and communities has led to organ-
ized prostitution catering to the UN Peace-keeping forces (MacKinnon,
1994), showing how women and children in conflict zones are sexually
vulnerable and insecure-even from their own ’protectors’. Prolonged
post-conflict economic and social destabilization of the region has
induced massive population movements and facilitated the formation of
trafficking networks, targeting refugee populations who are uninformed
and eager to search for a secure life space (IOM, 200 lc).~
With regard to the forms of human insecurity that are linked with eco-
nomic policy, a comparison between the gender effects of different types
of economic and social crisis and their recovery strategies is useful in
the search for common grounds for an explanation of processes that in-
duce women’s international migration for employment. Despite their
different nature and structural determinants, Structural Adjustment Pol-
icies (SAPs) in developing countries and the transition from communism
to market-led societies share similar gender dimensions. SAPs introduced
in the 1980s in most developing countries is essentially a process of
market-oriented economic reforms that aim at restoring the balance of
payments, reducing inflation, and creating conditions for economic
growth. However, as pointed by a feminist economist Elson (1995), SAPs
constitute a switch of gears in the economy through a change in resource
allocation that uses price mechanisms rather than direct controls.
The gender effects of SAPs have been documented by many studies
(Rowbotham and Mitter, 1993; Elson 1995). Most notable is the in-
tensification of women’s labor time in non-tradable activities of care-
providing, as well as in the production of specific export-oriented goods
and services. Suffice to say here that despite policy packages to help
cushion social effects at a later stage of SAPs, some key consequences
on gender may be found in the market economy and the sex/affective
and care-giving economy. While the market economy has offered more
employment for women, the labor market has also become de-regulated
and feminized from the standpoint of labor rights. The informalization
of production relations in industrial work has been accompanied by a
semi-formalization of work in the sex/affective and care-giving economy
which, traditionally, was governed by non-monetary and gender-based
norms rather than the market. In many countries in East and South-East
Asia, the sex sector emerges next to other industrial activities including
tourism, leisure-related services, textiles, and electronics as an engine
of growth (Lim, 1998). Rampant sex tourism gradually shaped and di-
versified the demands for commercial sexual services; and sex trafficking
became another way to bring such services to the consumers in their
country of origin.
Two features of SAPs make it possible to consider this reform process
as masculine, i.e., predominantly serving male interests. These include
the neglect of the care-giving economy, the burden of which is carried
by middle-aged women, and the emergence of a sexualized service sector
benefiting mainly young and middle-aged men as consumers. A shift of
incentives in resources allocation based on price, without paying due
attention to the ways in which care relations and sexual relations are
organized, has led to a serious structural distortion of values, i.e., pro-
duction in the sex sector yields higher returns than the care sector. As no
control is placed on the market for sexual services, employment oppor-
tunities for the economy of sex become widened, whereas options for
the care economy narrow. In other words, care systems based on trad-
itional norms of kinship, or friendship and neighborhood, have come
under threat while commercial sex systems based on market norms have
been strengthened. The combination of government neglect of the care
domain and market interests in the sex domain has led to what may be
regarded as a gross exacerbation of existing imbalances in the gender
order of societies. Notably, to continue to care for their families, many
women must consider the sex trade as a means of livelihood.
Similar trends may be observed in the CEE and CIS countries. Al-
though the outcomes of the ’Big Bang’ market-oriented reforms have
been more dramatic than SAPs, the gender dimensions may be observed
in many areas. The transition under the ’Big Bang’ has brought an abrupt
shift from a model of gender equality based on sameness derived from a
communist ideology, to a new bipolar sex/gender system characterized
by difference (Holzner and Truong, 1997). In this shift, women’s identity
as relentless workers in the construction of communism along with men
became diversified into mothers, wives, mistresses, escorts, models, and
objects of male desire. As pointed out by Vaknin (2001 ), women in the
European transition countries experienced a shift from ’equal’ labor par-
ticipation secured by a quota system, to a new system that was restructured
on the basis of old principles which were patriarchal, discriminatory,
and iniquitous. The female labor market has been restructured from many
Figure 2
Unemployment in European Transition Countries in 1999
untary emancipation’, must continue to care for themselves and their fam-
ilies very limited means.
on
Beingless mobile than men, and owing to their double burden, re-
trenched women workers face a more limited range of options in the job
market. Prolonged crisis in daily survival has led to the disintegration of
the family in many areas. Migratory husbands have left women with
children behind in search for work and remittances. Evidence in several
reports suggests that many families in crisis are obliged to leave their
children under institutional care, evidence clearly manifested in the crisis
of orphans in Russia. According to the Human Rights Watch ( 1998),
since the collapse of Soviet rule in 1991 and the subsequent economic
turmoil, the number of abandoned children in Russian society has been
rapidly increasing. According to the Ministry of Labor and Social Devel-
opment, the number of children defined by the state as ’without parental
care’ shot up from 67,286 in 1992 to more than 600,000 in 1997.
There is also evidence of under-aged mothers abandoning their chil-
dren. The social stigma attached to teenage mothers is so acute that many
Figure 3
Change in Women’s Share of Seats in National Parliament, 1987-2000
Communist Party (Holzner and Truong, 1997), and the fact that feminism
bears many negative and contradictory meanings in the post-communist
states (Watson 1996; Molyneux, 1996). According to Molyneux (1996),
feminism in the post-communist states bear the usual stereotypes of the
’man-hating lesbian’, the ’foreign’ communist-imposed, and the unnat-
ural world of’forced emancipation’. Anti-feminist sentiments based on
widespread ignorance of the history of feminism, its diversity, and current
concerns expressed in the media certainly had intimidating effects. For
Conclusion
NOTES
Melody Lu and Yu Kojima are warmly acknowledged for their research assistance, facili-
tated by a small grant from the Toyota-funded project on ’Gender and Human Security: A
Trilateral Comparison’, coordinated by Seiko Hanochi and Kinhide Mushakoji. Revision
of the project report into the current article is my own responsibility.
1. These include debt bondage, illegal confinement, slave-like practices, and abuses of a
sexual and physical nature, often with the state as a complicit agent (Human Rights
Watch, 1993, 1995a, 1995b).
2. Bosnia, Albania, and Serbia are often used as transit countries for other destinations in
Western European countries and Scandinavia, and within Balkan countries themselves.
For trafficking routes, see the IOM report (2001c).
3. Most of the statistics are derived from small-scale research. Incomparability and gaps
are found in national data derived from the different definitions and monitoring indi-
cators of ’trafficking’ at national levels. In many CEE and CIS countries, sex trafficking
was an unknown crime while in some EU countries, sex trafficking might have existed
for some time but was not recognized. The current data from the police and border
control on human trafficking does not address sex trafficking in particular. Women
who are trafficked for purposes unrelated to commercial sex may later enter into the
sex industry out of compulsion, manipulated consent, or of their own choice.
5. For example, Swedish legislation aims at penalizing the buying of sex, and eliminating
the whole sex industry. However, since the law was passed in 1998, Nordic countries
have increasingly become a popular destination of migrants from Baltic states and
Russia (IOM, 2001a, 2001 b; Foundation for Women’s Forum, 1998), and the percentage
of migrant sex workers in prostitution has increased from 5 to 15 percent between
1997 and 1999 (Brussa, 1999: p. 25). A survey conducted in Sweden in 1998 shows
that most people think that such law may effectively end prostitution, but it actually
will be further pushed into the underworld. Indirectly, such a law may make the sex
industry more organized, and enhance the degree of exploitation and dependency of
prostitutes behind closed doors.
6. A report from an IOM counter-trafficking project in Kosovo suggests that 82.25 percent
of the women seeking assistance from the project went abroad to seek jobs; 71.25
percent went with false job promises and 83.13 percent ended up in the sex industry;
50.63 percent did not have any relation with the recruiters; and 45.75 percent left the
countries of origin without an international passport because they were told that they
did not need one (IOM, 2001c: pp. 7-8). Many have been found to return home to re-
cruit new victims, i.e., they have chosen to become pimps as one option to earn money
and avoid the brutality of unwanted sex by multiple men each day (Hughes, 2000).
7. This is confirmed by the findings in Western Europe that the majority of victims from
transition countries are much younger than the ones from Asia, Latin America, and
Africa. Trafficked victims from Asia, Latin America, and Africa tend to have families
and children to support (Europol, 2000a).
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