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Delivering decriminalisation of sex work

Delivering decriminalisation of sex work. for the Desiree Alliance Conference, “Working sex: Power, Practice and Politics” Las Vegas Tim Barnett July 2010. Covering. The New Zealand story and results Relevance to the situation in the USA

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Delivering decriminalisation of sex work

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  1. Delivering decriminalisation of sex work for the Desiree Alliance Conference, “Working sex: Power, Practice and Politics” Las Vegas Tim Barnett July 2010

  2. Covering....... • The New Zealand story and results • Relevance to the situation in the USA • 10 “must do’s” for a decriminalisation campaign to succeed • What next?

  3. Who am I?Why am I here

  4. New Zealand • Population 2/3 of the average state in the USA • 66% white (mainly UK origins), 17% Maori (indigenous population), 8% Asian, 5% Pacific Island • Women prominent in politics • Voting system means lots of parties in Parliament, and coalition government • No states – centralised government system • Much of the law originated in the UK • Sex industry comparable to many worldwide

  5. The story of how New Zealand became the first country in the world to decriminalise sex work......

  6. ...creating a situation in which consensual sexual contact in private between adults (aged 18 and over) is legal. (and if the sex worker is under 18, it is the client who is breaking the law). Great parallels with the old laws on people with disabilities and access to sexual relationships, on cross-racial marriage and current laws on same-sex relationships

  7. ....and what then happened. Review Committee • Built into the law • Wide range of members including sex workers and brothel owners. • Reported in 2008, five years after the new law came in • Backed up by significant research • Key findings: numbers police-sex worker relationships need for education use of legal routes NZ Immigration Service reported no cases of trafficking time, time....... See NZ Ministry of Justice website

  8. ....and the reality on the ground • Promotion of rights slow to happen • Gradually increasing and successful use of new laws by sex workers and clients (e.g. removal of condom during sex) • More complaints to police by sex workers • Clean slate law • Sex industry relationship with government transformed from police only to a wide range of agencies.

  9. The New Zealand-USA comparison Similarities • The key moral forces opposing sex work • Hypocrisy in government, media and public attitudes to sex work • Motivations for entering sex work • Concerns about police corruption • High prison populations; punitive public psyche • Gender and race dynamics around sex work

  10. The comparison with the USA Contrasts • Political systems and voting systems • The scale of everything • USA stronger client voice • The deeply punitive approach to sex work, especially in Southern USA • Trafficking debate and lobby • The constitution

  11. Making the links and learning the lessons – the ten key, transferable things which made the campaign for sex work decriminalisation succeed in New Zealand

  12. 1. Sex worker-led...... Who? Resource, information, skills needs How? Organisational arrangements Focus on local, state and federal?

  13. 2. ...and involving many others • Key women’s organisations • Human rights groups • LGBT movement • Public health • Political and religious progressives progressives • Clients (opposed by : some feminists conservatives many religious groups anti-trafficking movement some former sex workers police?)

  14. 3. Media-alert • Young, women and/or African American journalists particularly good targets • Relationship-building crucial • Experiential approach always best • Sex workers need to tell their own stories • Pictorial images vital • Website to deal with Frequently Asked Questions • Key matters – e.g. trafficking, numbers – require strong and clear communication

  15. 4. Equipped with high-impact arguments and research • Range of arguments to be moulded for the situation, including: justice womens’ equality police corruption police discretion police/court resources public health, especially HIV hypocrisy harmful law unenforceable law exposes trafficking • Vital to address opposing religious arguments • Evidence-based points particularly important • Handling opposition arguments crucial, especially religious, anti-trafficking, feminist, “Swedish model”

  16. 5. With political champions From more than one political party With a real understanding of the issue Protected from being accused of an “ulterior motive” With a reason to be championing the law Backed up by a database of the politicians who have the votes

  17. 6. Strategic Focus on the spectrums of: local-state-federal, law-policy-programme, and campaigning-advocacy-lobbying Stage-by-stage may be the only way An initial inquiry could help; or a referendum In some states legal challenges will be vital (right to privacy is crucial)

  18. 7. Well-timed, and always ready to grab the moment Need to plan for the election cycle/s Sex work decriminalisation is budget-neutral or even budget-positive – crucial point An event (sorry to say, quite possibly a tragedy) may open up the moment for action. Need to be ready for that.

  19. 8. Focussed on the target • The political target is straightforward - winning a majority of votes of the elected politicians (or the public if you take the referendum approach). • Don’t bring in other issues unless they are directly relevant and wont deter people who are otherwise supportive. • Run an ethical campaign – especially funding, and without a hint of blackmail. • Use the arguments which work for those you are targetting

  20. 9. With a bottom line...... • Compromises almost inevitable • Sex workers (and lawyers who understand sex work) are the best to judge the real effect of proposed laws • Political champions need to understand this – it is they rather then sex workers who are likely to be in the crucial political discussions • Beware of an apparently positive step along the way which has unforeseen consequences.

  21. 10. .....and ready for the long haul

  22. The ten listed together.... • Sex worker-led...and involving many others • Media-alert • Equipped with high-impact arguments and research • With political champions • Strategic • Well-timed, and always ready to grab the moment • Focussed on the target • With a bottom line...and ready for the long haul

  23. Which are, in summary..... The people The justification, and The plan

  24. A USA sex worker advocacy movement needs - Sex worker leadership and advocacy-focussed agencies • Skills training • Knowledge-building • Capacity building Building the case • Locally relevant lobby products • Story telling – immensely powerful • Media nurturing Creating the catalyst • Legal support and legal challenge • Law, policy, practice, programme reforms and initiatives

  25. So.... • The case is strong • The cause is good • History is on our side • There really are lives at stake and it can be done! GO FOR IT!

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