GAATW Logo

Global Alliance Against Traffic in Women

Human Rights
at home, abroad and on the way...

GAATW Logo

Global Alliance Against Traffic in Women

Human Rights
at home, abroad and on the way...

GAATW-IS Comment: Amnesty International calls for the decriminalisation of sex work

GAATW-IS congratulates Amnesty International (AI) for adopting a decision to develop a policy in support of the decriminalisation of sex work at its International Council Meeting in Dublin, Ireland, in August.

In doing so, Amnesty joins a growing list of international organisations, such as Human Rights Watch, the World Health Organisation, UNAIDS, UNDP, and The Lancet medical journal, who all recognise that decriminalising sex work is the best policy to protect the human rights of sex workers and improve their access to legal and health services. The decision comes after two years of consultations with AI’s national chapters and with sex workers rights organisations, feminist and other women’s rights organisations and activists, LGBTI groups, anti-trafficking agencies and HIV/AIDS organisations. Amnesty also conducted research on the sex industry and the rights of sex workers in four countries. 

Since its inception more than two decades ago, GAATW has recognised the distinction between sex work and trafficking and advocated that policy makers and activists do not conflate the two. We have worked in solidarity with the sex workers rights movements in various parts of the world and indeed, the Alliance has some sex workers rights organisations within its membership. GAATW has always maintained that rights of sex workers and rights of trafficked persons can and should go hand in hand and that ‘only rights can stop the wrongs’ that sex workers routinely experience from both state and non-state actors. Regardless of their organisational position (or lack of it) on the issue of sex work, all GAATW members respect the rights of sex workers to organise and advocate for the realisation of their rights. All GAATW members also recognise sex workers rights groups as allies in the movements against human trafficking.

Our members and colleagues in the sex workers rights movements strongly believe that decriminalisation offers sex workers the possibilities to work together for safety, to screen and refuse clients, to access health and social services, and to turn to the police and the courts should they fall victim to crimes. Often, sex workers are best positioned to detect and report cases of human trafficking or exploitative labour situations. In a decriminalised environment, clients of sex workers can and do report suspicions of abuse without fear of prosecution.

On the other hand, criminalisation of the sex industry or aspects of it, such as clients and third parties, increases the stigmatisation and marginalisation of sex workers and reduces their opportunities to claim their rights. Although there is no conclusive evidence that criminalisation reduces human trafficking and exploitation, this is often taken as a policy measure to address human trafficking. GAATW has documented extensively the harmful impacts of anti-trafficking initiatives on the rights of (migrant) sex workers around the world and the limitations of simplistic ‘end demand’ approaches to human trafficking.

What, if any, are the implications of the AI policy for sex workers? Kay Thi Win, Coordinator of Asia Pacific Network of Sex Workers, puts it clearly in her piece in the Guardian:Nothing will change immediately – this new policy is not a UN convention that states must implement.... Our global movement is stronger than ever, and with this debate and decision we are more visible than ever. Perhaps in the future it will become unacceptable for the media to write an article or host a panel discussion about sex work without including sex worker voices advocating for human rights? (Perhaps, too, it will become unacceptable to publish the words of celebrities who know nothing of the reality of our experiences but feel qualified to preach on our behalf?)”

Are there any implications of the AI policy for the human rights community in general and for the anti-trafficking groups in particular? As we all know, the AI policy is internal and will primarily help the members and staff of the organisation to carry out their human rights advocacy with greater clarity. However, as the polarised discussions in the run up to this policy decision clearly showed, the issue of sex work continues to divide the human rights community, especially the feminist activists. So the disagreements will continue and this policy decision may win and lose allies for AI.

Debates, dialogues and disagreements are hallmarks of every society and they are most welcome on the issue of sex work too. But what we have often missed in the past and would like to see in the future are respectful dialogues and debates around the issue of sex work informed by the lived experience of sex workers. We would also like to see inclusion of sex workers rights groups in any future policy discussion on sex work and human trafficking. At this stage it is important for all colleagues doing anti-trafficking work, especially those who are just starting their work, to have some conceptual clarity regarding various legal frameworks around sex work and human trafficking and their human rights impacts on the lives of sex workers. There is a body of credible research on sex work and trafficking available now which clearly explains the issues. We have listed some of those in the resource section of our e-Bulletin.

It may not be possible or even necessary for all anti-trafficking activists to develop a position on sex work. But it is important that we understand the difference between human trafficking and sex work. It is also crucial that  all of us practice a ‘Do no Harm’ policy and respect the rights of every human being, including sex workers, to represent themselves and advocate for the realisation of their rights.