Vulnerability in Domestic Discourses on Trafficking: Lessons from the Indian Experience

In recent years, rather than addressing the needs of sex workers themselves or of trafficked persons, international anti-trafficking law has been mobilised towards an ideological end, namely the abolition of sex work. The vulnerability of ??third world?? female sex workers in particular has provided a potent image for justifying state intervention backed by the full force of the criminal law. Moral legitimacy has been afforded to this by a radical feminist discourse which views sex workers as nothing but hapless victims. Drawing on the work of Martha Fineman and legal realists like Robert Hale, this article redeploys vulnerability in trafficking debates to depart from its narrative of victimhood and to offer a renewed critique of liberal legalism, which has in the trafficking context been characterised by legal strategies of criminalisation and the attendant rescue and rehabilitation of trafficked persons. Specifically, it examines how three Indian social legislations regulating bonded labour, contract labour and inter-state migrant labour, and targeted at the domestic trafficking of men, conceptualise vulnerability in substantially different ways when compared to the 2000 Palermo Protocol on Trafficking (at least as it has been enforced to date). To the extent that these Indian laws construe the vulnerability of labour as systemic, trafficking is understood as a problem of labour migration to be addressed primarily by labour law. As such, this view of vulnerability, I argue, not only helps to de-exceptionalise trafficking as always equivalent to the trafficking of women for sex work, and therefore sex work, but also to substantively address the vulnerability of both male and female workers in other labour markets.     

Vulnerable Bodies, Vulnerable Borders: Extraterritoriality and Human Trafficking

In this article, I interrogate how the UK government constructs and manipulates the idiom of the vulnerable female, trafficked migrant. Specifically, I analyse how the government aligns aspects of its anti-trafficking plans with plans to enhance extraterritorial immigration and border control. In order to do this, I focus on the discursive strategies that revolve around the UK??s anti-trafficking initiatives. I argue that discourses of human trafficking as prostitution, modern-day slavery and organised crime do important work. Primarily, they provide the government with a moral platform from which it can develop its regulatory capacity overseas. It is not my intention to suggest that the government??s anti-trafficking plans are superficial, and that extraterritoriality is the sole driver. On the contrary, I argue that complex interrelationships exist and while the government??s interest in protecting vulnerable women from sexual exploitation may seem to be paramount, I assert that in fact it intersects with other agendas at key points. I consider how government action to protect vulnerable women in trafficking ??source?? and ??transit?? countries such as development aid and repatriation schemes relate to broader legal and political concerns about protecting the UK from unwanted ??Others??.     

The boundaries of belonging: gender,human trafficking and embodied citizenship

A ‘victim of trafficking’ is an identity that an individual can adopt to access legal resources that would otherwise not be open to them. However, this identity contains certain implicit assumptions about that individual and their experiences. This article analyses 12 applications for a one-year visa, written by women from the former Soviet Union who were trafficked to Israel and forced to sell sex. To apply for a visa as a ‘victim of trafficking’ applicants assert certain narrative tropes to emphasise their desire to belong in Israel. These tropes obscure the complexities of their experiences by emphasising themes of naivety and innocence, a commitment to familial obligations and a lack of agency. They reject the alternative identity of a migrant sex worker and distance themselves from any implication of a desire to illegally cross national borders. When they describe their hopes for the future, they assert normative gendered desires to marry and have children. This article argues that by closely aligning themselves with gender norms, these women seek to respond to conceptualisations of individuals who transgress gender and moral norms and who pose a threat to national borders and integrity.     

Florence Nightingale and the Irish uncanny

Since the collapse of the Berlin wall, women and girls have been trafficked from central and eastern Europe to work as prostitutes in the European Union. This paper looks at the response of the international community to the problem of sex trafficking as it impacts on the EU. The focus is on criminal justice intervention with respect to protection of and assistance to ‘victims’, and a specially witness protection, in the light of the following: the tensions and promises between treatment of trafficked women as ‘victims’ of crime and criminal justice informants; and the need to re-focus on a ‘woman-centred’ approach to criminal justice intervention for trafficked women. Given the diverse nature of law and criminal justice practice between EU Member States, the paper necessarily presents a generic critique of current EU and international ‘best practice’ recommendations, with some commentary on practice based on the author's research, with respect to what ‘gold standards’ of practice offer in theory and what is delivered in reality. The question of ‘victim-centred’ justice and/or ‘woman-centred’ justice is raised in an effort to promote effective policy recommendations.     

Doing Love in the Borderland of Transnational Sex Work: Female Thai Migrants in Denmark

By bringing love to the fore as an unfixed category, this article analyses the highly complex lives of female Thai migrants who sell sex in Denmark. In doing so, the article challenges the static and rather normative binary categories of “sex work” versus “prostitution” and “empowered woman” versus “victim of human trafficking” that are produced in the literature on sex work and prostitution. This binary approach is likely to portray the lives and subject positions of female migrants who sell sex in a rather one-sided way. The article argues that the category of love is highly relevant in studies of transnational sex work if we want to grasp the complexity of the lives of female migrants who sell sexual services.     

Stopping the Traffic: the National Vigilance Association and the international fight against the ‘white slave’ trade (1899–c.1909)

The National Vigilance Association was the most prominent organization to take on the fight against sex trafficking in turn-of-the-century Britain. In 1899, it established and presided over the first global multidenominational anti-trafficking task force, the International Bureau for the Suppression of the White Slave Traffic (later Traffic in Persons). This article focuses on the configuration of the National Vigilance Association's anti-trafficking work during the formative years of the Bureau, paying particular attention to the relationship between the Association and the state. It sheds new light on the nature and significance of both the Association's role in the Bureau and the Association's domestic anti-trafficking operations. It exposes the way in which, while making notable advancements in the fight against trafficking, the Association brought an assumption of British superiority to its international work, and operated on the basis of a misdiagnosis of ‘sexual exploitation’ informed by a gender- and class-biased xenophobia, such as to detract from its commitment to the suppression of trafficking.     

Secret Things and the Confinement of Walls

This article explores the under-examined issue of sexual abuse of children by women. It asks what are the conditions under which such things become knowable or when are they rendered unthinkable? The private sphere, marked by domestic walls, has been identified as the space most influenced and shaped by women. Its walls symbolise shelter and protection, and they are associated with the safety of all within. At the same time, however, the walls which constitute the private also enable a space within which women's actions can take place with limited oversight by others. Walls foster secrecy and what happens within can include elements of transgression. The sexual abuse of children by women—either their own or those entrusted into their care by others—is one such transgression. This article analyses a series of case studies derived from different historical sources in order to highlight how walls and the understandings of privacy that they support help to perpetuate a widespread belief that women can be unquestioningly trusted in their relations with children.     

rethinking the boundaries: towards a Butlerian ethics of vulnerability in sex trafficking debates

Feminist debates on sex trafficking have become entrenched and polarised, with abolitionists producing images of helpless abused victims, while sex worker advocates work hard to achieve some recognition of the agency of migrant sex workers. This article explores constructions of embodiment, subjectivity and agency in the debate, showing how abolitionist views, in spite of their efforts to challenge liberal pro-sex perspectives, rely on a familiar vision of the body as a singular, bounded and sovereign entity whose borders must be secured against invasion. The result is a vision in which victimisation is taken to epistemically compromise the subjectivities of sex workers, forcing them and their advocates to argue for recognition of their agency according to familiar liberal models of consent in order to be able to enter the debate. Drawing on the recent work of Judith Butler on consent and vulnerability, this article argues that what is needed is a rethinking of bodily ontology so that the vulnerability of sex workers is not opposed to their agency, but rather seen as an inevitable aspect of embodied sociality, constituting a call to ethical engagement and a recognition of the inequitable global distributions of precarity that produce sex trafficking as part of contemporary geopolitics. From this perspective, the alignment between radical feminist efforts to secure women’s bodily borders and global efforts to secure national borders no longer appears as coincidence.     

At your service madam! the globalization of domestic service

This article deals with the question of new domestic servants. It sets out to describe a ‘new’ phenomenon manifesting itself all over Europe, that is the comeback of domestic workers and carers for children and the elderly in many households. It then proceeds to explain the establishment of an informal labour market in the private sector, which arises amid today's revolution of information technology.Research sources on the current situation are scarce compared to historical studies. This is particularly true for Germany and even more for the Netherlands. The present situation differs from its earlier appearance mainly in that domestic workers today are migrant women from Eastern Europe, from Asia or South America.The article aims to show how studying this phenomenon raises relevant questions both on an empirical and a theoretical level for gender studies as well as for migration studies. It pleads in favour of an intersectional analysis by taking into account class, gender and ethnic differences within the context of globalized labour markets and transnational migration movements.     

Beyond Liberalism: Marxist Feminism,Migrant Sex Work,and Labour Unfreedom

In this article, I use a Marxist feminist methodology to map the organisation of migrant sex workers’ socially reproductive paid and unpaid labour in one city and country of arrival, London, UK. I argue that unfree and ‘free’ (sexual) labour exists on a continuum of capitalist relations of (re)production, which are gendered, racialised, and legal. It is within these relations that various actors implement, and migrant sex workers contest, unfree labour practices not limited to the most extreme forms. My analysis reveals that many migrant sex workers have very limited ‘freedom’. This is in stark contrast to the classical liberal claim of sex worker rights activists and academics that the vast majority of migrant sex workers are free, and therefore not coerced, exploited or trafficked. I then consider whether the emerging labour approach to trafficking could help achieve ‘freedom’ for migrant sex workers. Advocates argue that anti-trafficking efforts must, and can, be refocused on extending minimum labour and social protections to all vulnerable workers. I argue that this approach is disconnected from material interests and history. Rather, migrant sex workers, sex worker rights activists, and all migrant and citizen workers and activists globally must collectively organise against ‘labour unfreedom’ and hence for meaningful control over their labour and lives.     

“Excuse Me,But Are You Raping Me Now?” Discourse and Experience in (the Grey Areas of) Sexual Violence

In feminist research on sexual violence and victimization, the relationship between discourse and experience has often been at the forefront of intense debates. Poststructuralist scholars have emphasized that the discourses used to name sexual violence may in fact perpetuate the very problem they set out to describe, by freezing women into powerless positions of rapability. Others have likened this sort of argument to anti-feminist trivialization of the pervasively gendered experiential reality to which such discourses refer, highlighting that women’s victimization is not a discursive problem. In this article, I seek to carve out a path that cuts through such polarization by exploring the multifaceted dialectical relationship between, on one hand, gendered discourses on sex and sexual violence and, on the other, people’s reported experiences of these phenomena and, in particular, of the “grey area” between sex and sexual violence. I do this by analysing autobiographical stories from the influential Swedish campaign #prataomdet (#talkaboutit), which emphasized the need for a new language that can do justice to people’s experiences of sexual violence and the grey area between sex and sexual violence.     

Women's Micro-Entrepreneurial Homeworking

Enabled by the global distribution affordances of the Internet, increasing numbers of creative producers of the handmade—the majority of whom are women—are working from home as sole traders. Selling their wares via online marketplaces such as Etsy, such women often do so as a means by which to balance caring responsibilities with paid employment. In this article I argue that rather than seeing the exponential growth of an online craft economy as a ‘back to the future’ moment for the status of women, these business practices are best seen as part of the process of the folding of the economy into society, a process which Lisa Adkins has located as positioning the home as an increasingly productive space for both men and women.     

Feminists and femininity: A case-study of WSPU propaganda and local response at a Scottish by-election

This article examines the attitudes towards femininity expressed by the WSPU speakers at the 1907 Aberdeen by-election and the response these attitudes elicited from Aberdonians. Although the evidence suggests that a majority of the local population accepted the WSPU's demand for votes (for tax-paying women only) on the grounds of equality, the WSPU felt a need to emphasize the expediency of its proposal. In order to argue that such an extension of the franchise would benefit all women WSPU speakers emphasized the priority of sex over all other social divisions but deliberately accepted the specific differences assumed in popular concepts of ‘femininity’ rather than drawing attention to the male ideology and social institutions in which such definitions originated. Some of the imputed feminine attributes which led Aberdeen men and women of all classes to accept the popular stereotype of domestic woman are examined, as are the difficulties the WSPU encountered because its campaigning activities clashed with its own concept of woman, a difficulty shared by other women's association in Aberdeen.     

‘No girl wants to be called a slut!’: women,heterosexual casual sex and the sexual double standard

Recent shifts in the western cultural landscape mean that practices such as casual sex are contradictory terrains for women. Although permissive and liberal discourses construct women’s casual sex as acceptable, and even desirable, traditional discourses and a sexual double standard, do not. This article examines 15 young women’s negotiation of the sexual double standard in their talk of heterosexual casual sex. Interviews were analysed using thematic analysis, with borrowed insights from discourse analysis, within a constructionist framework. All 15 women in this study gave accounts of an agentic and desiring sexuality, yet talked about casual sex and a sexual reputation in contradictory and contested ways. Three main themes were identified: the (un)acceptability of casual sex, a sexual reputation is what other girls have, and the making of a slut. Although an enduring sexual double standard was identified, all participants challenged its relevance and appropriateness. However, a sexual double standard also seeped into women’s accounts when talking about other women and the threat of garnering a negative sexual reputation was linked to women’s silencing of their own casual sex experiences. This work supports the continued need to dismantle un/changing codes of gendered heterosexuality.     

‘Immorality’, Nationalism and the Colonial State in British Malaya: Indian ‘coolie’ women's intimate lives as ideological battleground

ABSTRACT

Cases settled by colonial courts in British Malaya often revolved around issues of gender, class, race and colonial law. This article uses official and non-official archival records to explore the realities hidden behind the gender stereotypes conveyed in accounts given by colonial authorities and Indian nationalists of immorality and domestic violence. It makes a detailed investigation of alleged offences committed by husbands or partners of ‘deviant’ women, and illustrates factors influencing the attitudes of colonial courts, newspapers, members of the coolie community and Indian nationalists towards such incidents. Coolie women lived under oppressive conditions arising from colonial rule, capitalist exploitation and patriarchal control. In seeking to escape unsuitable marriages or oppressive relationships, women exhibited fleeting signs of agency, but neither colonial administrators nor nationalist leaders acknowledged the agency of women. The image of coolie women as passive victims allowed colonial administrators to present themselves as protectors of social order, and nationalist leaders to accuse colonial administrations of failing to preserve the social and moral welfare of their subjects. Illustrating the importance of gender in the political struggle between colonialism and nationalism, this article suggests the need for a sensitive understanding of how subjugated individuals, especially coolie women, reacted to such socio-political situations. In so doing, the article provides a nuanced and complex interpretation of social control as well as agency of subjugated individuals in colonial plantation contexts.     

Murder,cruelty and sexual assaults

As more and more political institutions stress the significance of gender equality policies, it becomes important to investigate the different interpretations and meanings attached to the concept of gender equality in diverse policy contexts. In this article we are interested in problematizing visions of gender equality by studying the challenges that the growing amount of paid domestic work performed within European households poses for gender equality policies and practices in two European countries. The aim is to reveal normative assumptions and silences in relation to gender equality by comparing how “paid domestic work” has been framed in policy debates in Sweden and Spain. As welfare states, Sweden and Spain are generally considered to be very different, and in policies on care for children and the elderly the differences are perhaps most apparent. In both countries, however, paid domestic work in the home has become more and more common in the last two decades. The rise of paid domestic services in European households has been interpreted as due to the limitations or decline of welfare states, the ageing populations, and the increasing numbers of dual-earner families. These services are most often provided by women, predominantly of immigrant background, and involve a wide range of tasks, including care work. The phenomenon of an increasing sector of domestic (care) work poses a theoretical and methodological challenge to gender and welfare studies. This article argues that the analysis of debates surrounding domestic service in private households is a useful starting-point for an intersectional analysis by means of revealing the normative assumptions and marginalization embedded in gender equality policies. It uses a comparative frame analysis in combination with intersectional analysis to assess how interactions between gender, class, race, and sexuality have been articulated in the policy debates on domestic services in Spain and Sweden.     

Ouch! Western Feminists' ‘Wounded Attachment’ to the ‘Third World Prostitute’

‘Trafficking in women’ has, in recent years, been the subject of intense feminist debate. This article analyses the position of the Coalition Against Trafficking in Women (CATW) and the writings of its founder, Kathleen Barry. It suggests that CATW's construction of ‘third world prostitutes’ is part of a wider western feminist impulse to construct a damaged ‘other’ as justification for its own interventionist impulses. The central argument of this article is that the ‘injured body’ of the ‘third world trafficking victim’ in international feminist debates around trafficking in women serves as a powerful metaphor for advancing certain feminist interests, which cannot be assumed to be those of third world sex workers themselves. This argument is advanced through a comparison of Victorian feminist campaigns against prostitution in India with contemporary feminist campaigns against trafficking.The term ‘injured identity’ is drawn from Wendy Brown's (1995) States of Injury, Power and Freedom in Late Modernity. Brown argues that certain groups have con.gured their claims to inclusion in the liberal state in terms of ‘historical ‘injuries’. Antoinette Burton (1998) extends Brown's analysis to look at Victorian feminists’ relationship to Empire, arguing that the ‘injured identities’ of colonial ‘others’ were central to feminist efforts to mark out their own role in Empire. This paper builds on Burton's analysis, asking what role the ‘injured identities’ of third world sex workers play in the construction of certain contemporary feminist identities. The notion of ‘injured identities’ offers a provocative way to begin to examine how CATW feminists position the ‘traficking victim’ in their discourse. If ‘injured identity’ is a constituent element of late modern subject formation, this may help explain why CATW and Barry rely so heavily on the ‘suffering’ of ‘third world traficking victims’ in their discourses of women's subjugation. It also raises questions about the possible repressive consequences of CATW's efforts to combat ‘traficking in women’ through ‘protective’ legislation.     

Gender,Nationalism and Colonial Policy: prostitution in the Jewish settlement of Mandate Palestine, 1918–1948

The aim of this article is to discuss the way prostitution was perceived during the British rule in Palestine (1918–48), analyzing the differing perspectives of the British colonial authorities and the Jewish national community. The major concerns of the civil and military colonial authorities were focused on issues of ‘social hygiene’ and the trafficking in women and children. This often involved the transfer of both legislation and discourse from the metropolis. The Jewish community, on the other hand, was concerned mainly with the evolving national project. Prostitution was seen as a ‘mixing ground’ of Jewish women and British and Arab men, thus threatening the boundaries of the national collective. Whilst the article is attentive to the importance of studying prostitution in its historical specificity, it also considers the many ways in which this case study illuminates the complex series of relationships between both colonialism and prostitution, and gender and nationalism. Women were important to the imagining of the nation not only for their symbolic power—as ‘mothers of the nation’, for example; the construction of nationalist discourses also involved focusing on ‘negative’ gendered phenomena, such as prostitution. In these ways, the article seeks to contribute to our understanding of the multiple significance of gendered categories in the process of nation-building.     

Remotely sensed: a topography of the global sex trade

Voluntarily or not, women are moved in great numbers from Manila to Nigeria, from Burma to Thailand, and from post-socialist countries to Western Europe: female geobodies in the flow of global capitalism. The recently released 53-minute video essay Remote Sensing by the Swiss artist and video director Ursula Biemann traces the routes and reasons of women who migrate into the global sex industry. Taking a geographical approach to trafficking, the video develops a particular visual language generated by new media and satellite technologies, which traces the migration of women in the age of digital images.All stills are taken from the video that was shot in the Philippines, Thailand, California, and the German–Czech border.     

Woman Ikat Raet Long Human Raet O No? Women's Rights,Human Rights and Domestic Violence in Vanuatu

There has been much recent debate about women's rights and their relation to human rights. Debates about domestic violence in Vanuatu are situated in this global frame but also in a regional and historical context dominated by the relation between kastom (tradition) and Christianity. This article depicts the dynamics of a conference on Violence and the Family in Vanuatu held in Port Vila in 1994, in terms of the competing claims of universal human rights and cultural relativism. The allegedly western character of human rights which focus on the individual and civil and political rights is often contrasted with the non-western stress on collectivities and the rights to economic development and self-determination. These sorts of ideological oppositions in international politics reverberate in domestic politics as well, and especially in those which situate women and men as subjects in conflict, as they are in many domestic disputes.