The
Greater Toronto Workers’ Assembly hosted a panel on Sex Workers Solidarity on
March 4th. The speakers on the panel were members of Maggie’s: TheToronto Sex Worker’s Action Project, run by and for local sex workers.
Kathryn
Payne started the talk by reading a recent motion passed by the GTWA in
solidarity with sex workers. Part of the motion states:
Increased services
for the health and safety of sex workers, including services that provide
assistance for those who want to exit the trade.
Kathryn
pointed out that the GTWA would not have a statement on assistance to exit
other types of work that could also be dangerous and exploitative, like in the
manufacturing sector.
All
the speakers stress the importance of looking at sex work as work and that
there are different experiences in the trade. The focus should be on improving
working conditions through a union and the decriminalization of sex work rather
than trying to end the work. Kathryn says sex work is a way for unskilled women
to make a lot of money. However, there is a different level of privilege within
the industry with street-based workers being the most vulnerable to poor
working conditions.
The
GTWA motion highlights the ongoing stigmatization sex workers face. The discourse around human trafficking further
adds to this stigmatization. On a separate occasion, I spoke to Keisha Scott
who says that human trafficking gets conflated with sex work and as a result
sex work becomes further criminalized.
Anti-human
trafficking advocates want to further laws that end sex work or make it more
difficult to do. For example, there has been a campaign in the states to
pressure newspapers such as the Village Voice from allowing ads for exotic
services in their back pages. A previous campaign had forced Craiglist from
accepting ads for sex. But there have
been numerous horror stories of mistreatment and violence towards domestic
workers or farm workers, yet no calls are made to end these types of work. Instead
the focus is on increasing the rights of these workers and ensuring employers
face criminal charges.
Keisha
says liberal feminists get behind anti-trafficking campaigns and advocate for
anti-trafficking under the rubric of violence against women. Further
criminalization of sex work does not end violence against women. Nor do
anti-trafficking laws actually help women.
Victoria
Love likened anti-trafficking laws to anti-terrorism laws where there is
increase policing, surveillance, and tougher border security. She feels
anti-trafficking legislation restricts the mobility of female migrants.
Trafficking
legislation passed by the Liberals under Paul Martin in 2005 amended the
Criminal Code to criminalize the facilitation of movement of people across borders.
The Criminal Code had already covered kidnapping, assault and forced labour,
but this legislation is meant to tighten borders. The Conservatives claim Bill
C-4 is meant to clamp down on human smuggling and trafficking, but it will
automatically detain refugees, including children, for up to a year before
their case is heard and they may face deportation afterwards.
These
laws do nothing further to assist those who may be victims of violence, instead
making it more difficult and dangerous for migrants. Bill S-222, which amended
the Immigration and Refugee Act , gave victims of trafficking a temporary visa
for up to 120 days and the possibility of extending their visa for another
three years if they agree to assist in the prosecution of their trafficker.
There is no guarantee that they will receive permanent status. Canada’s
immigration laws makes it virtually impossible for low-skilled workers to enter
Canada through the points system. Anti-trafficking laws do not improve working
conditions for workers; they are another means to criminalize migrants. It is
the precarious status of migrants that makes them vulnerable.
Decriminalization
is one way to make working conditions safer for sex workers. The problem with
the trafficking discourse is that it creates a dichotomy between those who are
seen by the public as victims of violence and those where violence is seen as
inevitable part of engaging in a dangerous activity. Anti-trafficking advocates
feel they are saving women from violence and in the media the police portray
themselves as saving women from traffickers. But yet little is done for the 500
missing or murdered aboriginal women, some of whom are sex workers such as the
women murdered by Robert Pickton.
Is
a woman only worthy of support if she is
a victim of trafficking, whereas women who chose to do sex work not worthy of
this if she faces violence? The
criminalization of sex workers makes it difficult to report violence and the
stigmatization and shame placed on sex workers by some feminists, by
anti-trafficking advocates, and by the public in a way validates the violence
of sex workers.
Solidarity
with sex workers means listening to the voices of sex workers and having them
take the lead. Through Maggie’s three year Aboriginal Sex Workers and Education
Project, Aboriginal sex workers, including trans and two-spirited peoples, women and youth, were able to connect, share their stories and
work around issues such as safe sex, decriminalization, and fighting against
the legacy of colonization. Here is an excerpt from their statement:
There
is no better time to work around decriminalization, but it is only a step
towards (de)colonizing. This will push forward Aborginal sex workers out of the
darkness, oppressions, and bring more empowerment. It will bring more support
to our choices of work and the lives we chose to lead. Aboriginal sex work is
an act of self-determination and an act of empowerment – a valid act of
supporting ones basic necessities of life. We are aware of the choices we make,
and we are tired of people controlling our ideas, bodies and voices. The ‘we
need saving process’ repeats a historical narrative of saving in the history of
Aboriginal peoples. Feminism is playing out in a way that does not support our
choices of self-determination over our bodies as Aboriginal Peoples.
For further reading on how anti-trafficking laws are not beneficial to women or sex workers, check out this post from The Naked Anthropologist:
Thai sex workers: Anti-trafficking Rescues are Our Biggest Problem.
Update: On March 26th, the Ontario Court of Appeals decided to partially uphold a ruling made by Ontario Superior Court Justice Susan Himel in 2010. The decision permitted the running of brothels and hiring body guards. It also struck down laws around living off the avails of prostitution with an amendment prohibiting such acts under circumstances of exploitation. The decision did not include laws around communicating for the purposes of prostitution. This is a disappointment for Maggie's whose members are mostly street-based workers. They are more vulnerable to violence because of laws against communicating.
For further reading on how anti-trafficking laws are not beneficial to women or sex workers, check out this post from The Naked Anthropologist:
Thai sex workers: Anti-trafficking Rescues are Our Biggest Problem.
Update: On March 26th, the Ontario Court of Appeals decided to partially uphold a ruling made by Ontario Superior Court Justice Susan Himel in 2010. The decision permitted the running of brothels and hiring body guards. It also struck down laws around living off the avails of prostitution with an amendment prohibiting such acts under circumstances of exploitation. The decision did not include laws around communicating for the purposes of prostitution. This is a disappointment for Maggie's whose members are mostly street-based workers. They are more vulnerable to violence because of laws against communicating.
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