Australia’s first Modern Slavery Bill passed through the NSW Legislative Council earlier this month. MLC Paul Green, who lead the charge for the new legislation praised the NSW state’s upper house for their support:
“In Australia there is well over 4000 cases of human trafficking with many remaining hidden in plain sight. The evidence is in,” he said after the bill passed.
The Modern Slavery Bill 2018 confronts slavery and slavery-like practices such as servitude, forced labour, debt bondage, organ trafficking, deceptive recruiting as well as forced marriage and childhood brides. If the new law is passed by the Legislative Assembly, it will require businesses with a turnover of more $50 million to monitor their supply chains and report to a new Anti-Slavery Commissioner.
We were pleased to be able to provide evidence of the existence of sex trafficking in Australia (see our submissions for more information):
Campaigning group Collective Shout provided evidence that [women] are being trafficked into Australia, citing the case of a brothel in the Sydney suburb of Willoughby that forced workers on student visas to work 20-hour days to pay off so-called “debts”.
Collective Shout also pointed to a US State Department report finding that in Australia: “Women and girls are sometimes held in captivity, subjected to physical and sexual violence and intimidation, manipulated through illegal drugs and obliged to pay off unexpected or inflated debts to their traffickers.”
Most people recognise sex trafficking as a serious human rights violation, but what about prostitution?
There is sometimes a perception of sex trafficking and prostitution as two separate and unrelated issues, with trafficking being viewed as forced, and prostitution as freely chosen. However, the two are intrinsically connected- the demand for prostitution fuels sex trafficking.
A study of 150 countries found that legalised prostitution leads to an expansion of the prostitution market, increasing human trafficking, and that on average, countries where prostitution is legal experience larger human trafficking inflows. Essentially, legitimising and normalising the sex industry leads to a rise in trafficking, as women must be brought in to meet increased demand.
German Detective Superintendent Helmut Sporer described the devastating impacts of legalising the sex industry in Germany, including worsened conditions for women, greater power to pimps and organised crime gangs and a significant increase in trafficking:
“What is very important here is the awareness of the fact that prostitution and trafficking are a joint phenomenon. There is no such thing as clean, good prostitution on the one hand and quite separate from this the bad trafficking with pimping on the other.”
One prostitution survivor highlighted some of the commonalities between supposedly ‘forced’ and ‘free’ sexual exploitation:
“Prostitution and sex trafficking are intrinsically linked: you have one because of the other. For the last 18 months of my time on the Burlington Road, I stood alongside a trafficked woman. She became my closest friend, and I have never seen a human being so broken down. The conditions in which she lived were inhumane, and, although we had arrived at the same place through different means, we were connected because we were bought, used, exploited, humiliated and raped by the same offenders. One night I would be bought, and, a few nights later, the same man would buy her. On a couple of occasions, we were bought together. That connection can never be broken by anyone at any time in any country.”
In 2003 Dorchen Leidholdt, Co-Executive Director of Coalition Against Trafficking in Women International summed up the connection between prostitution and trafficking as follows:
“Prostitution and sex trafficking are the same human rights catastrophe, whether in local or global guise. Both are part of a system of gender-based domination that makes violence against women and girls profitable to a mind-boggling extreme. Both prey on women and girls made vulnerable by poverty, discrimination and violence and leave them traumatised, sick and impoverished. Both reward predators sexually and financially, strengthening both the demand for criminal operations that ensure the supply.
“The concerted effort by some NGOs and governments to disconnect trafficking from prostitution- to treat them as a distinct and unrelated phenomena- is nothing less than a deliberate political strategy aimed at legitimizing the sex industry and protecting its growth and profitability.”
Pic: Dorchen Leidholdt
Sweden’s solution to prostitution and trafficking, the ‘Nordic model’
The Nordic model was implemented in Sweden in 1999 after extensive research, and it is based on the view of prostitution as a form of men’s violence against women.
The Nordic model criminalises the demand for sexual exploitation, decriminalises those exploited, and provides exit pathways for individuals in prostitution who wish to leave the industry. As Swedish lawyer Gunilla Ekberg explains:
“One of the cornerstones of Swedish policies against prostitution and trafficking in human beings is the focus on the root cause, the recognition that without men’s demand for and use of women and girls for sexual exploitation, the global prostitution industry would not be able to flourish and expand.”
Various human rights organisations, academics and prostitution survivors advocate for the implementation of the Nordic model, which has been adopted in a growing number of countries around the world, including Sweden, Norway, Iceland, Northern Ireland, Canada, France and Ireland.
Progress under the Nordic model
Since Sweden's legislation criminalising the buying of sex, considerable progress has been made. According to research out of the Nordic Gender Institute, the number of men buying sex has decreased from 13.6% in 1996 to 7.9% in 2008. Street prostitution in Sweden has halved while in neighbouring countries such as Norway and Denmark it is estimated to be three times higher. Police have intercepted phone correspondence between pimps and traffickers who now regard Sweden as an unattractive market and suggest Denmark, Germany or Holland (where prostitution is legal) as more profitable alternatives. Reportedly, there has been a cultural shift in Sweden where it is no longer considered acceptable to purchase another person.
As proponents of the Nordic model attest, we cannot oppose sex trafficking of women and children and simultaneously support the commercial sexual exploitation of women and children in prostitution. Sex trafficking would cease to exist if men stopped buying women. There can never be gender equality while women are commodities to be bought and sold.