Authors: Kevin Bales,Ron. Soodalter
Tags: #University of California Press
that rather the pressure of the New York State Assembly was responsi-
ble for the disparity. “We advocated for comparable penalties for labor
and sex trafficking. We wanted to see [the traffickers] punished at the
same level.”118 Says Norma Ramos of CATW, “The truth is, we fought
as hard for labor as for sex trafficking, but the legislators kept saying,
‘You’re never going to get that.’”119 Still, the influence of the antiprosti-
tution group was strongly felt throughout the campaign for the passage
of this law. It’s a chicken-egg question: Would the legislators—and the
governor—have been so disposed toward a sex-weighted law had the
pressure from this group not been so great?
Mark Lagon, Miller’s replacement as ambassador at large and direc-
tor of the TIP office, sees New York’s law as superior to any other state
antitrafficking statutes passed thus far. It is, he states,
without a doubt, the model that I look to. It finds a way of dealing with all
aspects of human trafficking, and in particular on the sex trafficking front,
not being flummoxed by the limits of federalism for dealing with prostitu-
tion. We know—reasonable people know—left and right, pragmatists and
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moralists know—that the sex industry and legal prostitution breed an
enabling environment—a legitimate cover in which sex trafficking can
occur. And [the New York State law] finds a way to . . . look at the ways
that victims are enticed into sex trafficking. . . . It’s a model law for other
states and . . . for other countries.120
The emphasis on sex trafficking is interesting considering that New
York State has seen not only clear examples of agricultural and domes-
tic servitude but such highly visible cases as New York City’s deaf
Mexicans and the dozens of Peruvians trafficked into labor on Long
Island. And now, according to one high-ranking government official
who asked to remain anonymous, “The abolitionists are trying to make
the New York State law the model for the rest of the country.”
At the heart of the debate is whether a woman can freely and truly
choose to become a prostitute and should be allowed to continue under
meaningful protections, or whether all the pressures that drive her into
prostitution should be considered coercion and call for serious correc-
tive legal action. Both sides point to the overarching conditions of
poverty, sexism, discrimination, violence against women, and lack of
education as factors that push a woman toward prostitution. The fight
over this issue is bitter and has been for over twenty years. The aboli-
tionists have said that their opponents represent “pimps and procur-
ers,” whereas their opponents paint the abolitionists as dogmatic and
ideologically rigid propagandists who are willing to ignore the immedi-
ate health and safety needs of “sex workers.” The advocates who see
the legalization or criminalization of prostitution as distracting from the
larger issue of slavery in all its forms, including forced prostitution, are
often caught in the middle. On all sides, the pain and degradation suf-
fered by sexually exploited women drive the intensity of the debate.
Both groups project anger and urgency, and the gulf between them is
wide and perhaps unbridgeable. On at least one point, however, there is
consensus. For those women—and children—who have been kid-
napped, sold, and/or forced into the control of pimps or brothels, no
one questions the absence of free choice. No one disputes the scope, or
the barbaric nature, of true sex slavery.
M O V I N G F O R WA R D
As for the service providers, victim advocates, philosophers, religious
leaders, and partisan intellectuals, they must all recognize that too often
the very trafficking victims they purport to be “saving” are neglected
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when energy goes to dissension and political maneuvering. Any case or
argument can be better made through objective analysis and viable
research than through vilification and fear-mongering. Ultimately, there
must be a common goal and a single, unified effort to reach it.
Otherwise, we will continue to show a failure rate that is as tragic as it
is embarrassing.
Yet the likelihood of détente seems remote at best. Feelings are strong
and often bitter and the players intractable. When asked whether she
envisioned a coming together of the factions or an increased polariza-
tion, CATW’s Dorchen Leidholdt replied, “I don’t think it could get any
more polarized. . . . We can’t gloss over differences that may result in the
denial of services to victims or legislation that provides a loophole to
traffickers. So, honestly—do I think that the people who think the sex
industry is beneficial to women . . . and that prostitution is a job like
any other are going to sit down with organizations like the Coalition
Against Trafficking in Women and break bread and join in a common
effort for legislation any time soon? No. I don’t see it as happening. . . .
These are very different, almost antithetical perspectives, and I don’t
think they could be—or should be—resolved any time soon.”121
Ann Jordan has a different perspective:
I would like to believe that people of goodwill can unite around efforts to
stop the use of unfree labor in prostitution, homes, construction, agricul-
ture or any other site; to prevent the use of minors in the worst forms of
child labor, particularly prostitution and pornography; to prosecute all
acts of violence against sex workers; and to develop further research and
funding to support evidence-based programs to help youth stay out of sex
work and provide sex workers with training for other types of work.
Collaboration breaks down, however, around the question of whether
adults have the right to choose to engage in sex work (and to expect their
rights to be protected at work) or whether sex workers are, by definition,
victims who do not have the right or ability to choose, from among good
or bad options, the type of work they will do. The “anti–right to choose”
advocates believe that no woman freely consents to sell sex. They insist
that criminalizing prostitution and clients is the means to stop women
from selling sex and to stop trafficking into the sex sector. The pro-rights
advocates note that all human beings have the same rights, including the
right to make choices that others might not like. Even the International
Labour Organization recognizes the reality that some “adult individuals”
may “freely choose sex work” and calls for the application of human
rights protections: “the policy concerns should focus on improving their
working conditions and social protection and on ensuring that they are
entitled to the same labour rights and benefits as other workers.” It may
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be that the only way to move forward, despite our differences, is for policy
makers and advocates to agree that policies and programs must be based
upon objective, apolitical, peer-reviewed, evidence-based research and
not on anyone’s opinions or anecdotes.122
The Los Angeles–based NGO Coalition to Abolish Slavery and
Trafficking (CAST) recently put out a position paper that takes a broad
view: “We are at a pivotal point in this still early stage of America’s
modern abolitionist movement. What is needed now, more than ever, is
a holistic, human rights-based framework, to guide our next steps to
ensure that
all
victims—including those forced into commercial or non-
commercial sex, sweatshops, agriculture, domestic servitude, hotels or
restaurants, construction, even boys’ choirs—have access to assistance
that is equitable, non-paternalistic, survivor-centered, and client-
driven.”123 Heather Moore, CAST’s social services director, adds, “We
need an approach that’s reasonable, and responsible—an approach
based on integrity.”124 Amen.
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N E W B U S I N E S S M O D E L S
I T S O U N D S L I K E A J O K E
What do acrobats, naked gardeners, hair braiding, boy’s choirs, deaf
Mexicans, and the shirt on your back all have in common? In a word:
slavery. While most slaves in America today fall into three categories—
agricultural labor, forced prostitution, and domestic servitude—there is
no lack of ingenuity on the part of traffickers in exploiting their victims.
Slave traffickers are imaginative and innovative businessmen. Where an
opportunity exists for exploitation, however strange or unlikely, there’s
a good chance there is a hidden slave.
Ashley’s Salon
Ashley’s Hair Braiding Salon looked like any one of hundreds of similar
establishments across America. Located on Central Avenue in East
Orange, New Jersey, it offered hair care at a reasonable price, primarily
serving the needs of African American women. Service was good, and
the braiders were authentic West Africans with the lovely French accents
of their native Togo. The irony was that they had made their own middle
passage into slavery.
In late 2007, federal agents arrested the two men and a woman who
ran Ashley’s Salon and another braiding shop in Newark. All were
charged with harboring illegal aliens, and the woman was charged with
smuggling illegal aliens for financial gain. Immigration and Customs
Enforcement (ICE) agents stated that at least twenty young women had
been smuggled into the country and put to work with no pay. The
scheme rested on fraud linked to existing U.S. visa procedures. Some
Togolese citizens had participated in the U.S. Diversity Immigrant Visa
Program. This congressionally mandated program makes available fifty
thousand permanent resident visas each year, drawn by a random selec-
tion from applications, submitted by people from countries with low
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rates of immigration to the United States who meet strict eligibility
requirements. After arriving as part of this program and becoming a
permanent resident or citizen of the United States, a person is allowed
to apply for admission for his or her close relatives as well. So far, so
good, but some of the Togolese lottery winners began to have surpris-
ingly large families, made up primarily of young women.
After posing as relatives of visa recipients, the young women were
excited about a chance to build a new life in America, but the reality
was not what they had expected. On arrival their passports were taken,
and they were put to work for up to fourteen hours a day, six or seven
days a week. They were not paid. Once freed, the women told officers
that if they complained or did not follow the rules they were beaten.
The special agent in charge of the investigation, Tom Manifese,
explained, “This is a case of modern-day slavery. These women were
promised a better life in the U.S. but instead ended up becoming victims
of human trafficking.”1 All twenty young women were taken into care
and provided with emergency housing and counseling. Meanwhile, the
son of the woman who had enslaved them offered the classic rationali-
zation for human trafficking when interviewed by reporters. “They got
everything they needed and it was better than Africa,” he said.
“Everybody was treated well. We helped them.”2 How strange that this
young man, himself an African American, would so closely follow the
logic of Thomas R. Dew, key southern apologist for American slavery
before the Civil War: “The condition of the negro slave in the South is
far better than that of the native African.”3
Viva Las Vegas!
There’s a moment in the lives of most Americans, possibly a moment of
maturity, that comes when, while watching performing animals in a
circus, one suddenly thinks, “They’re fun to watch, but I wonder if
they
are having fun?” Interestingly, the same thought rarely occurs to us
when it comes to the
human
circus performers; after all, they chose this
glamorous if grueling profession, right? So it is not surprising that
people in and around Las Vegas were shocked to discover that a locally
based troupe of Chinese acrobats was, in fact, enslaved.
The break in this case came when one of the enslaved women, who
also served as interpreter for the troupe, escaped and went to the police.
She told them that she and others were being held against their will in a
suburban home in Las Vegas. After a short investigation federal agents
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raided the house and arrested three men. The ringleader seemed to be
You Zhi Li, aged thirty-eight. Immediately after the raid, agents inter-
viewed fourteen people, five of them juveniles. Talented acrobats, they