{"title":"The Sexual Politics of Anti-Trafficking Discourse.","authors":"Prabha Kotiswaran","doi":"10.1007/s10691-020-09447-x","DOIUrl":null,"url":null,"abstract":"<p><p>20 years since the negotiation of the Palermo Protocol on Trafficking in 2000, the anti-trafficking field has gone from an early, almost exclusive preoccupation with sex work to addressing extreme exploitation in a range of labour sectors. While this might suggest a reduced focus on the nature of the work performed and a greater focus on the conditions under which it is performed, in reality, anti-trafficking discourse remains in the grip of polarised positions on sex work even as the carceral effects of anti-trafficking law become evident and the Swedish model of criminalising the purchase of sexual services spreads. In this article, I demonstrate how despite the recent discursive shifts to 'modern slavery' and 'forced labour', the anti-trafficking transnational legal order itself reinforces, rather than diffuses cultures of sex work exceptionalism. The growing international sex workers' movement has offered resistance, yet a closer look at the movement and the widespread support that it has garnered for decriminalisation from international organisations, while valuable, helps reveal the greatest cost yet of anti-trafficking discourse, namely, the inability of the sex workers' movement to produce a sophisticated theory of regulation to reduce levels of exploitation within sex work, one which is commensurate with the informality and heterogeneity of sex markets the world over. Finally, to the extent that neoabolitionist projects derive legitimacy from interventions abroad, especially in the global South, I chronicle the edifice on which it rests in one such context, namely India, to demonstrate how countries in the global South are not merely conduits for the global North's preoccupation with moral gentrification through neo-abolitionism, but rather, that the circuits of global governmentality while influential, are highly contingent, thus producing opportunities for creative forms of mobilisation by sex workers.</p>","PeriodicalId":45822,"journal":{"name":"Feminist Legal Studies","volume":"29 1","pages":"43-65"},"PeriodicalIF":2.0000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s10691-020-09447-x","citationCount":"6","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Feminist Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1007/s10691-020-09447-x","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2021/2/1 0:00:00","PubModel":"Epub","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 6
Abstract
20 years since the negotiation of the Palermo Protocol on Trafficking in 2000, the anti-trafficking field has gone from an early, almost exclusive preoccupation with sex work to addressing extreme exploitation in a range of labour sectors. While this might suggest a reduced focus on the nature of the work performed and a greater focus on the conditions under which it is performed, in reality, anti-trafficking discourse remains in the grip of polarised positions on sex work even as the carceral effects of anti-trafficking law become evident and the Swedish model of criminalising the purchase of sexual services spreads. In this article, I demonstrate how despite the recent discursive shifts to 'modern slavery' and 'forced labour', the anti-trafficking transnational legal order itself reinforces, rather than diffuses cultures of sex work exceptionalism. The growing international sex workers' movement has offered resistance, yet a closer look at the movement and the widespread support that it has garnered for decriminalisation from international organisations, while valuable, helps reveal the greatest cost yet of anti-trafficking discourse, namely, the inability of the sex workers' movement to produce a sophisticated theory of regulation to reduce levels of exploitation within sex work, one which is commensurate with the informality and heterogeneity of sex markets the world over. Finally, to the extent that neoabolitionist projects derive legitimacy from interventions abroad, especially in the global South, I chronicle the edifice on which it rests in one such context, namely India, to demonstrate how countries in the global South are not merely conduits for the global North's preoccupation with moral gentrification through neo-abolitionism, but rather, that the circuits of global governmentality while influential, are highly contingent, thus producing opportunities for creative forms of mobilisation by sex workers.
期刊介绍:
Feminist Legal Studies is committed to an internationalist perspective and to the promotion and advancement of feminist scholarship in all areas of law. It aims to publish critical, interdisciplinary, theoretically engaged feminist scholarship relating to law (broadly conceived) and has a particular interest in work that extends feminist debates and analysis by reference to critical and theoretical approaches and perspectives, including postcolonial, transnational and poststructuralist work. Although the focus of the journal is law, the editorial board encourages the submission of papers from people working outside the academy, as well as academics other than lawyers as well as interdisciplinary work addressing the concerns not only of lawyers but others, women and men, interested in feminist work. The editorial board is a collective drawn from feminists working at leading law schools across the UK. A full list of the editorial board can found on the Journal’s website: http://www.springer.com/law/international/journal/10691?detailsPage=editorialBoardAlongside traditional articles and book reviews Feminist Legal Studies is committed to publishing material that challenges conventional forms of academic writing/knowledge and encourages creative approaches to scholarship, analysis and debate. Such material is normally published in our “Creative Content” section (see Instructions for Authors for more details). The board also welcomes proposals for themed issues of the journal.