Written By:
- Date published:
6:09 am, February 4th, 2024 - 57 comments
Categories: feminism, sexism, violence against women, women's rights party -
Tags: prostitution, sunil williams
lprent: There is an unsubstantiated assertion of fact in this Guest post that the Green party has been putting pressure to relax section 19 of the Prostitution Law Reform Act 2003. See my comment at the end of the post
weka: The Women’s Rights Party have responded, see the end of the post.
Cross-posted from The Women’s Rights Party website.
Sunil Williams January 31, 2024
It is 20 years since the passing of the Prostitution Reform Act 2003, which fully decriminalised prostitution in New Zealand.
The Women’s Rights Party, New Zealand and the Women’s Declaration International – New Zealand are concerned that women’s rights and safety are not being upheld under the current legislation.
The evidence we have included in our joint submission to Reem Alsalem, Special Rapporteur on violence against women and girls, for her Report to the Human Rights Council on Prostitution and Violence Against Women and Girls, shows that the “New Zealand model” is not working to protect the rights, welfare and safety of women and girls, or to protect them from violence and harm, even though this was a stated purpose of the 2003 legislation.
We are seeking a full review of the legislation, including the consideration of alternatives to the current full decriminalisation approach and for resources to be provided for women to exit prostitution.
TO: Reem Alsalem, Special Rapporteur on violence against women and girls
Submission to the report of the Special Rapporteur on VAWG to the Human Rights Council on prostitution and violence against women and girls.
Submitted by:
The Women’s Right’s Party, New Zealand
Women’s Declaration International, New Zealand
Thank you for the opportunity to make this submission.
The Women’s Rights Party New Zealand is a registered political party that promotes the sex- based rights of women and girls in New Zealand.1
The Women’s Declaration International promotes the sex-based rights of Women and girls in accordance with the principles of the Convention on the Elimination of All forms of Discrimination Against Women. 2 Both organisations stand against all forms of violence against women and girls.
New Zealand legislation
It is twenty years since the Prostitution Reform Act 2003, which fully decriminalised prostitution in New Zealand, was passed. 3
The Women’s Rights Party, New Zealand and the Women’s Declaration International – New Zealand are concerned that women’s rights and safety are not being upheld under the current legislation. The evidence does not show that the “New Zealand model” is working to protect the rights, welfare and safety of women and girls, or to protect them from violence and harm, even though this was a stated purpose of the 2003 legislation. 4
A 2008 Review by the Ministry of Justice showed that decriminalisation has not stopped violence against women in postitution. This is explained in a 2016 report from the Stop Demand Foundation, from which we include material in this submission. We attach a copy of the report.5
A promised 2018 Review from the New Zealand Government never materialised.6
An in-depth review in 2023 revealed similar concerns, and pointed out that brothel inspections, which were mandated by the legislation are not happening.7
We would like a full review of the legislation, including the consideration of alternatives to the current full decriminalisation approach. We urgently call for resources to be provided for women to exit prostitution.
In 2016 the Stop Demand Foundation noted that despite decriminalisation, violence against women in prostitution continues to be rife.
In the attached copy of their report, they note:8
They note, specifically, that in a 12-month period following decriminalisation, a Ministry of Justice Report (2008) found:
Of women engaged in street prostitution
Of women engaged in the managed indoor sector (e.g. brothels)
Of women engaged in the private indoor sector
(eg small owner-operated brothels (SOOB), purportedly the “safest” sector)
Stop Demand summarises the impacts of decriminalisation of prostitution:
A recent evidence-based review by Auckland researcher Tony Pitt and UK-based Helen Johnson from Stand Against Sexual Exploitation (SASE) highlighted several significant concerns:
There has been pressure in New Zealand from the Green Party and others to relax our immigration laws to allow women to come into the country in order to enter the sex trade here. We oppose such a step, which would amount to the encouragement of international trafficking.
Already, in New Zealand, many girls enter prostitution at a very young age, and may be homeless, having fled violent homes. This is often a form of domestic trafficking.1314
The Women’s Rights Party is also concerned that pornography, which includes filmed prostitution, rough sex, strangulation, other forms of violence, and sexual abuse, sends a message that such violence and abuse of women is acceptable.
Some personal stories from survivors of prostitution
These stories illustrate the vulnerability of the young women, the lack of meaningfu
choice or consent, the violence and rape inherent in prostitution, the child abuse, and
the fact that decriminalisation did not stop this and in some ways may have worsened it.
Michelle Mara
“After decrim, nothing changed. The police had never bothered us anyway. If they were going to check, we always got a heads up. I saw a cop maybe twice.”
“But it also did change. I felt less safe. I didn’t know what it was at the time. But looking
back it was a shift in the structure. More responsibility was on us.”
“After decrim there were fees for everything and no mercy. The sense of solidarity was gone between the girls because we worked ‘to appointment.’ We passed like ships in the cold hard daylight. No music, no illusion. Legal was hell.”
“Since decriminalisation was introduced in 2003, the only illusion that’s left is the one women now tell themselves – that it’s real legitimate work. We know it’s not but that’s all that’s left to throw at the world. No woman in the sex trade will be able to say otherwise because you have to survive, and anyone who tries to say you are a victim is attacking the illusion. The vital illusion.”15
Chelsea Geddes
“I am one of those women who are said to be here by choice. No one person groomed me into this choice, granted I was underage when I was first faced with this choice but it was still my own ‘choice’ as you define the word.”
“That element of choice didn’t make the experiences I have had over the years in the industry and with johns any different to the experiences that someone trafficked or tricked into the industry by a Romeo would have had with those same johns.”
“And the fact that a woman’s choice is unequal to a man’s choice in this society is why prostitutes are mostly women and girls, and why johns are nearly always men, and why pimps put their money behind the ‘feminist’ “It’s a woman’s choice” line in media and advertising, and it’s why we need feminism at all.”16
“I wanted to stay in school, and I needed an adult to take me in permanently… A school friend introduced me to Brian…Brian would later be convicted of 47 charges related to sexual assault against 14 boys aged 9-16. I was only 16 at the time of his arrest, but somehow didn’t factor as a victim of rape and abuse by this man, because without him I was homeless. I was without parents and had nowhere to go.” 17 18
Allie Marie Diamond
“My very first client was obese and sweaty. As we walked in the room and he got undressed, and stepped into the shower, I had to stop myself from gagging. The smell, the sweaty, crusty stench filled my nostrils, and as I took a breath in, I could feel my stomach contents hit the bottom of my throat. Not long after he was out of the shower, he picked me up and threw me across the room, yelling I was nothing but a useless black bitch, who couldn’t even get him hard. He slapped me with so much force, the sting on my skin bought me to tears but I fought them back, not wanting to show any weakness.”
“‘Sex work’ is a glorified term for paid rape! Those men never paid me for my time company. They paid to fuck me in every single hole they could find, even when I said no. Getting fucked 20 times or more a day is NOT Work. This is terrorism against women. A sustained international attack on vulnerable women, girls, children.”19
Conclusion
There is strong evidence that decriminalistion has not worked in New Zealand to protect women and girls from violence and harm. Reviews of the 2003 legislation and testimony from survivors suggest that violence and harm may be inherent in prostitution.
We call for a new review of the New Zealand legislation, to assess its success in protecting women and girls from violence, harm, exploitation, and in promoting their health and welfare. The review should include a consideration of Nordic/Equality models from overseas which prosecute those who benefit from the exploitation of prostitutes but do not prosecute the prostitutes themselves and instead, assist them to exit prostitution.
Chimene del la Varis and Jill Ovens, Co-Leaders Women’s Rights Party, New Zealand Janet, Women’s Declaration International- New Zealand contact person
lprent: I can see no evidence of “the Green party pressure” in the post anywhere. I also see no evidence of it on searching the net. I can see discussion in select committee and parliament related to the original act, select committee submissions, and in the light of a UN recommendation in 2018.
I am not interested in operating a site that posts an article using the worst and most effective smear tactics of Whaleoil by using unsubstantiated and probably false assertions of fact to smear others. I am concerned now that The Women’s Rights Party is currently using these tactics.
Unless there is a clear clarification that satisfies me at a legal and political level and a commitment to not put this site at risk, no further cross-posts from The Women’s Right Party will be allowed on this site. I may also start monitoring their material and highlighting any repeated instances that I find with my opinion about such deliberate tactics.
weka: the Women’s Rights Party responded:
We have reviewed the evidence and can confirm that repeal of s19 of the Prostitution Reform Act, which effectively bans temporary Visa holders from working in the sex industry in New Zealand, is being called for and has been on the agenda ever since s19 was added to the proposed legislation.
In fact there was a petition to Parliament reported on Stuff, 17 April 2018 with the intro: “New Zealand must legalise sex work for migrants to prevent human trafficking, sex industry advocates say.” Equal Employment Opportunities Commissioner Jackie Blue is one of several quoted in that article saying the legislation should be amended to include migrants.
Of many Stuff articles on the subject of repeal of s19, Ricardo Menendez March, Green Party Immigration spokesperson, is quoted by Mildred Armah, Stuff, 7 August 2023, as saying the legislation is completely “dehumanising” and that “Politicians are too scared to do what is right for a community that has traditionally been scapegoated by people in power.”
Nevertheless, we have decided to revise our statement, citing the latest Stuff article to the following:
There has been pressure in New Zealand to repeal s19 of the Prostitution Reform Act which bans temporary Visa holders from working in the sex industry.[1] We strongly oppose repeal of the provision, which would amount to the encouragement of international trafficking.
[1] Sex workers ‘afraid’ of reporting abuse, fearing deportation | Stuff
Wff ????
Some times the greens just make me shake my head with disbelief!
I notice there are plenty of references in the article but nothing to back up that particular claim.
I couldn't find anything about it online in a quick check including in the Greens immigration policy.
Yeah, I think that claims needs a
*citation needed
It is in their women's policy https://www.greens.org.nz/womens_policy in the strategic priorities part at the end.
thanks Dawn, that's a good start. It doesn't however read to me as if the Greens are using pressure to relax immigration law in order to allow women to immigrate here to do sex work.
While I agree there are serious problems with their position, it reads to me more like they are pro-immigration generally, and within that they want to protect sex workers who are migrants. ie they want to protect migrant women in NZ who are doing sex work by removing criminality (which is obviously an additional issue for migrant women).
For reference, the quote from the post,
from the full policy doc,
https://assets.nationbuilder.com/beachheroes/pages/9637/attachments/original/1683326641/Policy-Greens_Womens-Policy-2014-2023.pdf?1683326641
FFS: I have no idea what the TWRP reads when they read legislation
I will give the short version. What they say is that they support the existing Prostitution Reform Act – the one that has been here for 20 years. That the TWRP appears to not want to support it is a point of difference. But in this case it means that the TWRP are the radicals.
You know, the one that made sex work legal and mostly governed by civil law.
There are certain parts of the sex industry still under criminal law. The problem is that they are pretty much the same laws that everyone is under.
From memory, they have to do with not making people under the age of 18 do sex work (no-one is allowed to force people to work and no-one is allowed to become a soldier before certain ages), not having unprotected sex in sex work (requirement on both the worker and the client), requiring a operators license for operating a brothel (just like having a gun shop and other activities), makes it criminal to force sex (it is called rape), and requiring consent at all times, and the usual criminal laws.
Payment and service are civil matters.
The majority of people with temporary visas here also have to conform to the conditions on their visa or they can face deportation. This again is exactly the same as any visitor. One of those is about numbers of hours of work on a visitors visa (20 hours a week?), which appears to be the one used most often to deport sex workers.
Another is that a visa may not be issued for being involved in sex work. Any visa can be removed if it can be shown that it is being used for sex work.
The Greens didn't say that they want to get rid of s19. They said that they want better support for migrant sex workers.
The illegality about visas isn't criminal law. Violating the immigration act isn't a criminal offence – it just gets you deported and makes it very difficult to get a visa again.
When you reduce it down, based on Dawns' comment, she seems to be saying that the Greens simple statement …
… is somehow a statement of intent to remove s19. Which wasn't said as being the solution. It was a statement identifying a problem that they wanted to help to fix.
BTW: from what I know and the material I have read today, it would be extremely hard to find anyone who would say that statement by the Greens was incorrect.
It would be like saying that sex work brings absolutely no problems with it. Or that we eradicate eliminate sex work entirely. Or that the Swedish model of sex work (prosecuting clients) stops road side prostitution. None of those things are true either.
So far I haven't seen anything that indicates that the TWRP has any better alternatives.
Jill clarified below. It's about repeal of s. 19. Green MP Menendez is quoted in a Stuff piece supporting repeal.
https://thestandard.org.nz/the-new-zealand-model-for-prostitution-liberalisation-doesnt-work/#comment-1988066
As the Green Party differing view said in "Report of the Education and Workforce Committee Petition of Pandora Black: Repeal Section 19 of the Prostitution Reform Act 2003"
….
The arguments for repealing s19 on the first quote would probably pass through parliament without much of stir today. Essentially Pandora Black proved her case about the issues with s19. As she pointed out
But repealing or changing s19 won't pass parliament (or for that matter gain my support) because of the immigration problems. The kicker is that it would make little to no difference. The second quote from the Green Party differing view makes no sense at any level apart from compassion – it is a wishful fantasy and simply won’t solve anything.
I can't see a lot of support for cutting work visas for other industries to provide room for commercial sex work. It'd raise a fire storm from employers desperate for labour in a constrained market. It'd probably resurrect the false offshore student scam that so distorted our educational institutions that most are still in dire straits years after a pandemic cut the guts out of that financial lifeline. etc..
So what we will get is what MoBIE states in their submission to the committee
I can't see any immediate obvious way around this conundrum. We can't change out immigration system to accommodate just one sector with a issue. The horticultural sector is bad enough for exploitation and it is largely legal operations that have been the worst offenders.
I'm unconvinced by the MoBIE solution of a phone line and a spreading awareness. These are mostly people on short term visas. They are going to get scammed by exploiters feeding them invalid information and delivering them into fear of INZ.
We have now had 20 years of people arriving to be sex workers on mainly on tourist visas which didn't allow any work, and they still come in thinking that it is legal to work – which it isn't. Student visas and partner visas also have restrictions on the amount of work. They'll just get exploited to induce debt slavery – just ask half of Auckland's Uber drivers.
I agree with Pandora Black. But I don't think that repealing s19 will do anything productive on its own because it won't change the issue. So it isn't the problem. Have to at least partially solve the problem first. We do have a basis in that even if they are illegals they have legal protections built into legislation, and hopefully generally a willingness by MoBIE and the police to focus on the problem people rather than the victims. Problem is that they don't know that what protections are there or how to access them.
I'll have a think about it. Currently hard labour for exploiters in the horticultural, construction, and sex worker industries being sent to clean up the Auckland Island habitats is coming up very high in my thoughts.
//——————
Incidentally, the Nordic model that the TWRP has been pushing was interesting to me at a economic level 20 years ago. However it has proved to be a complete pile of obscene shit in practice. That got really interesting when I dug down a little.
It is a travesty of an approach and is in my opinion far far more dangerous to societal corruption than what we have here. It looks like a classic case for how to drive a industry without diminishing demand from both customer and suppliers with a prohibition and then making it uglier, sleazier and more violent.
I must dig out the old Economist articles I read then, and then compare them with the reports I just read now.
As someone who used to be an Immigration Officer, my particular concern would be student visa holders with work conditions (usually 20 hours/week).
Migrants being brought here on work visas get a good range of information and there is a requirement for new migrant employees to be given paid work time to go through MBIE modules for new employees. However, even despite that, there are problematic employers who badly exploit workers anyway.
Students don't even get that level of protection and many have large loans back home to cover tuition etc. so can easily end up in a desperate financial situation where they end up being coerced into this type of work. It would also be a simple trafficking model (find potential students, fund tuition, make this part of getting the loan/tuition funding).
Agree with you that likely would continue to be the case even if any changes came about.
Generally visitors can't work while on a visitor visa for any number of hours per week (maybe you are thinking of students who often can work 20 hours/week on a student visa?), and work is defined as activity for gain or reward. Even with a legislative change, temporary visa holders would still need a condition that allowed work either generally (e.g. working holidaymakers) or specifically (e.g. accredited employer work visas).
More than happy for my original comment to be removed as it's looking like a load of bs sold as fact to a gullible fool with a jersey knee
Not sure if you saw them, but the updates are here
https://thestandard.org.nz/the-new-zealand-model-for-prostitution-liberalisation-doesnt-work/#comment-1988015
https://thestandard.org.nz/the-new-zealand-model-for-prostitution-liberalisation-doesnt-work/#comment-1988066
Can't speak legalize, did the greens want migrant sex workers to be given visas?
they want to repeal the legislation section that currently prohibits sex workers from getting visas to work here. That section also allows people with temporary visas already here to be deported if they do sex work.
I can see why the Greens want to repeal it, but I can't see how this wouldn't lead to sex trafficking.
I'm against it, the problem is people will game it to import workers and inslave them ,
Make life better for the locals yes, don't import more.
Jersey knee? An internet search leads me to many links for women's fashion.
When the knee jerks it short circuits the proof reading function.
How does sending the girls to jail help in any if this? It seems the best thing is the same anywhere else, actually fund a public regulatory body to actually enforce the rules and ensure that women and girls in these situations can actually get justice for crimes committed against them.
Criminalizing prostitution harms women more… men raping women is a crime regardless, so work on ensuring those scum are locked up… paying for sex doesn't give you full rights to do what you please…
The post says,
You can read about it here
https://en.wikipedia.org/wiki/Nordic_model_approach_to_prostitution
Citation needed, eh.
The submission was pointing out that even in a very liberal/progressive country like NZ, decriminalisation doesn't work. Who are these people that are going to step up and ensure women are safe from overt violence?
And even if they do, how do you envisage women's wellbeing in an economy where women are economically coerced into prostitution?
And what does?
We have laws against rape. That no particular set of rules works well is no reason not to have legislation.
One problem is we do not monitor standards/regulations well – not for rental homes or the oversight of the circumstanced of migrant workers etc and we now have a government that wants to reduce the number of people employed in the government sector.
'And what does?'
Teach your sons that women are not commodities.
Teach your sons of the fiction, that prostitution is a woman's choice, therefore a legitimate occupation.
No one is suggesting criminalising "the girls" as you put it. The argument is about stopping the demand as in the Nordic model.
From what I have read, the Nordic model hasn't showing any indications of stopping demand. It has probably increased the exploitation of sex workers.
Try reading Wikipedia's summary of its efficacy.
After reading that, I really don't want it here. It reads like the worst possible failure of a ill-conceived compromise between demand and supply imaginable. Guaranteed to force a prohibition and a more exploitative and violent underground market.
Decriminalisation needs to be coupled with adequate wages, welfare and social support for women, to be effective.
The ongoing culture of mean spiritedness in all these areas, forces women into choices that they wouldn't otherwise make.
The Green Party is influenced by the advocacy of others. In this instance the advocacy of the Prostitutes Collective.
This is similar to other "unions", that advocate for seasonal workers or migrant workers that are not citizens.
While I do not support them on this, because of the risk of trafficking, one should at least note the context of the advocacy.
I assume the rationale is the same as for legalisation in the first place. They are coming in anyway and remain unknown and unregulated.
In fact a quick search shows this to be the case.
In a 2018 report, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) recommended the government amend Section 19 of the Prostitution Reform Act 2003, which prohibits non-citizens or residents to engage in the sex industry.
The Committee said Section 19 "may have a negative impact on migrant women" and that "migrant women engaged in prostitution may be exposed to exploitation and are at risk of trafficking, owing to the ban on engaging in prostitution imposed on migrants, which prevents them from reporting abuse for fear of deportation".
https://www.rnz.co.nz/news/national/500839/migrants-still-prohibited-from-sex-industry-despite-un-report
The opposing point of view is that the section currently prevents exploitation by not allowing.
Prior to RSE there were massive numbers of illegal workers in orchards, etc. Regulation and RSE reduced this but did not stop all exploitation. We've seen the same with the recent regulations for essential workers – exploitation didn't stop.
I think it is not useful to consider exploitation as ceasing as the end goal – it is a fundamental part of capitalism. I'd support the change even if it meant only a proportion of sex-workers from overseas were safer than they are now.
Like other legislation it likely relies on the tracking and enforcement by the quite useless, unwilling to administer, employer captive and under-resourced MBIE and immigration.
I'm not sure either position is right or wrong in this case – both have their pros and cons.
What is interesting is the position of the immigration department.
Migrants still prohibited from sex industry, despite UN report
Somewhere this morning I also saw a quote from INZ saying that they only do a very limited number of removals due to s19. Something like a few dozen. Most deportations have to do with violations of visa requirements… ummm interesting paper.
Unfinished Decriminalization: The Impact of Section 19 of the Prostitution Reform Act 2003 on Migrant Sex Workers’ Rights and Lives in Aotearoa New Zealand
The rest of the interviews in the paper were interesting counterpoint to the quotes by sex workers in the TWRP article above. It makes the question about s19 much clearer about if it protects or causes problems for foreign sex workers who are coming here. s19 put them outside the bounds of the legal protection that resident sex workers have. It clearly makes them vulnerable to exploitation as they feel that they have to hide from INZ and police.
Similarly there is a paper at the natlib on legal issues that was pretty interesting. p277 / p281 of PDF. “Sex work in New Zealand A case for repeal of section 19 of the Prostitution Reform Act 2003”
In some ways you get the cobra effect and we are seeing this in the exploitation of students and other workers.
If once here you offer too much protection eg you have been exploited to get here (such as paying massive fees for semi-existent jobs and putting family back home in debt to get you one the the list to come here or to be accepted as a student) so we will give you residency then that encourages further the exploitation. On the other hand if you have a strict rule that you will always be deported to discourage such exploitation then no one will tell.
https://ourworld.unu.edu/en/systems-thinking-and-the-cobra-effect
This is of course the problem with much right-wing and religious thinking – they too often see simple cause and effect e.g. anyone can be wealthy if they just make the effort, if I escaped poverty then anyone can, young people need bootcamps to sort them out.
Yep. There is a problem about how not to have that effect happen, but still have the access into migrant communities to have an ability to deal with the real exploitative issues.
One way of course is to allow the police and immigration latitude to ignore when it isn't a blindingly obvious issue. Which is pretty much what we have done and why it doesn't appear to have spiralled out of control into either wide trafficking or total silence about problems. I haven't read or heard anything about seeing injuries and bodies turn up at hospitals and morgues or passports being held or debt slavery. I don't know for sure about that.
What is obvious is the studies that I have glanced through is that there is a reluctance for visa holders to be visible to either the police or immigration.
It wouldn't surprise me if there isn't a informal watchdog network going on around the sex worker industry to deal with the more egregious abuses.
A quick search shows this is Family First political material. Family First is a NZ political organisation focused on Christian morals in our society. The authors of the report are retired engineer and UK migrant Pitt, and Johnson, a UK researcher who runs an organisation to transition exploited women out of prostitution.
Aspects of prostitution, such as pimping, brothel keeping and sex trafficking are criminalised in the UK. There is also a radical feminist movement in the UK pushing to criminalise all sex work and to prosecute clients, rather than sex workers.
According to Wikipedia 'global human rights organizations like Human Rights Watch, Amnesty International, and committee of the United Nations …call for the decriminalization of sex work.
The legislation in NZ came about due to collective action by sex workers, including Georgina Beyer, with the aims of destigmatising sex work and improving worker safety by prosecution of assaults and workplace safety violations (NZ Prostitute's Collective research reports).
The issue is not that current legislation is bad, but that, like other work safety legislation, monitoring is clearly inadequate. To be a sex worker here you must be over 18 and a NZ or Oz citizen or resident.
That covers accusations above that the NZ law supports underage sex work and sex trafficking. It clearly doesn't. However, it relies on careful migrant monitoring, where the job for a supported migrant is falsified. It also requires strong community policing for the addictive drug trade and for criminal exploitation of vulnerable people.
I do think it is sensible to upgrade the current functioning of protective features of the legislation. It may be useful to look at brothel owners, vs houses run collectively by sex workers themselves. However, online sites have revolutionised how sex work is carried out to some extent. Updating this aspect of NZ sex work will be important also.
[lprent: sigh It would be helpful when making claims like “A quick search shows this is Family First political material.” that you showed what on or more of the phrase matches are. That is why you are in provisional moderation. In the absence of little details like that, what you have expressed is an unsubstantiated assertion of fact, and a possible smear on two other parties.
Repeating this deliberate mistake under any handle (I have my suspicions) tends to be dangerous for first time commenters. Read the policy about not wasting moderator time and understand I’m giving you a temporary benefit of the doubt. ]
We are not related to Family First and our submission was prepared independently though the reference to the recent research did come from their source. I agree that the provisions of the Prostitution Reform Act regarding monitoring which allowed for inspectors to enter premises and to prosecute are inadequate and as we have said, a review of the Act is well overdue.
What is the connection between this post and Family First? You need to spell it out clearly.
I was in a twitter Space earlier today, run by radical feminists, and this exact issue was discussed. How do feminists deal with the fact that on prostitution we share some broad, superficial agreement with conservatives? What happens when the fundamentalist right use this against radical feminist and liberal feminist positions? What happens when liberals like yourself use the shared broad position to undermine feminists?
Thanks for providing links, but I think here you need to explain why you believe that the post is Family First material. Do you think WRP and Women's Declaration are not capable of coming up with these ideas themselves? Or that feminists are secretly religious conservatives?
You appear to be conflating the two superficial positions and ignoring the important differences between feminist positions on prostitution and those of the religious right.
I'm heading out shortly, because of your history on TS, I'm popping you into premod to make it easier to moderate while I'm on my phone.
The positions of religious conservatives and some feminists do converge, the "Nordic" strategy is based on opposition to prostitution – both taking away clients and helping women leave this work.
In that, it is not just the British model of women operating outside an industry as independent sex workers.
There is a similar strategy in opposition to pornography, expressed as opposition to the industry that exploits women and then opposition to the means by which women operate independently (such as on-line platforms).
tWiggle has been around awhile.
Yeah I see. I didn’t look for handle matches. I was looking at IP sub-net matches which have matching issues but get quite indicative to my paranoid eye.
What caught my eye of course was the lack of a pattern match to support the assertion of fact. I couldn’t find one myself (outside of the references) on a quick pass through. To make the assertion tWig(gle) needed to substantiate it otherwise it gets caught on my bullshit sensors. The fastest way is to just insert a google search link.
The alternate way would be to do what any sane person would do here, and express it as an opinion of “it sounds like” or “it reads like”. No real reason for someone to risk being skewered on an assertion of fact issue here using a new handle unless they were just trying to break our bounds of expected behaviour.
There was no deliberate tactic to include unsubstantiated material or to smear others. I have referred the issue about the Greens position to the original author. We will remove the reference if it cannot be substantiated and we will advise Reem Alsalem. We are always open to challenge on factual grounds. Thanks for pointing this out.
thank-you Jill, much appreciated.
Hi Jill. One of the problems with pulling material from other sites is that we don’t treat it as ‘our’ material. So we don’t amend the content outside of formatting and presentation issues. That is particularly the case for something that appears to have been a submission made to Parliament, and is therefore held as part of the official record.
At best we either remove the content in its entirety (which in this case would leave the comments and reasons for its removal), or we write around the content as I did.
This includes any amendments from the author. That was the base cause of my irritation and why it required a rapid and very irritated response to cover our arses. Otherwise it would have stayed up for longer and caused me and potentially the site even more issues.
I very nearly just dumped it despite the comments already made on it. But despite my basic disagreement with the tenor, limited levels of substantiating data, and obvious levels of selection within the contents, I thought it was worth retaining as a topic of discussion despite that significiant flaw.
In the meantime, I am happy for that paragraph to be removed from the Standard post.
We have reviewed the evidence and can confirm that repeal of s19 of the Prostitution Reform Act, which effectively bans temporary Visa holders from working in the sex industry in New Zealand, is being called for and has been on the agenda ever since s19 was added to the proposed legislation.
In fact there was a petition to Parliament reported on Stuff, 17 April 2018 with the intro: "New Zealand must legalise sex work for migrants to prevent human trafficking, sex industry advocates say." Equal Employment Opportunities Commissioner Jackie Blue is one of several quoted in that article saying the legislation should be amended to include migrants.
Of many Stuff articles on the subject of repeal of s19, Ricardo Menendez March, Green Party Immigration spokesperson, is quoted by Mildred Armah, Stuff, 7 August 2023, as saying the legislation is completely "dehumanising" and that "Politicians are too scared to do what is right for a community that has traditionally been scapegoated by people in power."
Nevertheless, we have decided to revise our statement, citing the latest Stuff article to the following:
There has been pressure in New Zealand to repeal s19 of the Prostitution Reform Act which bans temporary Visa holders from working in the sex industry.[1] We strongly oppose repeal of the provision, which would amount to the encouragement of international trafficking.
[1] Sex workers 'afraid' of reporting abuse, fearing deportation | Stuff
[link added for first quote: https://www.stuff.co.nz/national/crime/103129627/no-trafficking-in-nz-sex-industry-but-migrant-abuse-is-widespread-report-finds%5D
Thanks Jill.
It's a real shame that we can't have a public conversation about how to do right by migrant women in NZ as well as prevent trafficking.
Which was a statement of Ricardo's opinion and a statement of the long held opinion of the Greens. They and many MPs from other parties said that s19 is and would be a problem because it was essentially unenforceable. I heard Labour MPs and members at the times also said that it would be a problem.
The 2005 lit review on pre-PRA that was delivered in 2005 to the Ministry of Justice effectively pointed out the pre-existing exploitative problem prior to 2003 in pp47-49 and the reluctance to engage with police or immigration and why. pp75-76 give an overview that offers a interesting perspective including this sex worker as she argued to the select committee.
From what I know, and what I see in the various documents that I have been looking at today, I'd say that many of the issues with the pre-PRA have diminished or gone. The s19 has caused one area to persist primarily with a reluctance to contact or use the police.
Note that s19 wasn't in the original bill (see report from select committee). The migration issue was strongly raised by the police report attached.
S19 was added during the committee phase
That s19 would cause problems and has caused problems has been obvious since the bill was first introduced. If you are just catching up on the pressure to change it, then you are about 20 years too late. It has been used as a cover for what are effectively trafficking operations, effectively do what bad actors in the sex industry worker industry want, or they will sic immigration on to you. Exactly as the police described in the pre-PRA days.
However I can't see any good way to not have s19 because the trafficking legislation in the Crimes Act is like a blunt axe. It only works on a large slow-moving target. It can't slow growth from people who are more vulnerable than our own citizens.
Removing s19 (as the Greens would prefer) won't work either. .
It is a issue of work
You need a work visa to work in NZ. But work visas are often hard to get or have conditions that are hard to do when working as a sex worker. That is because they are targeted to particular skills or limited in size. It sounds like most of the people arriving to be a sex worker come in on tourist visas – which have no right to work.
That is because we have a lot of tourists (about 3.89 million visitor arrivals in 2019) and limit the number of people allowed to work. In 2019 it peaked at 0.243 million.
To add people who can work in a commercial sex industry, we'd have to either increase the number of people on work visas or immigration – or reduce to add the number of builders, pickers, tourism hospitality workers, computer programmers etc etc for a new category. That is a hard sell.
It is also not that likely to reduce the number of people coming in to do sex work on tourist visas – which would still result in deportation if caught.
//——-
BTW: reading the advocates of the Nordic model in Hansard back in 2003 tonight was a distressing experience. The nays procrastination of doom if the police weren't going to run the sex worker industry seem quaint now, just like Peter Brown's predictions that were archaic in the day and now just seem to me to be the misogynist ravings of a madman. The other side seems like they were floating a wind to the future.
The only person who really captured the future was Sue Bradford who said in the second reading
The Nordic model that was repeatably raised in Hansard debates by members in 2003 simply doesn't work as its proponents thought it would. If introduced in NZ it would have been extremely unlikely to slow either customer demand or sex workers to provide services. In my opinion, it is a dumb prohibition without an ability to block demand from both providers and clients. It'd just push it underground and in all likelihood simply increase various kinds of debt slavery and trafficking.
The Nordic model has been tried in many states now, with variations, and shows no sign of any promise of viability.
Which is exactly what Sue Bradford said.
To bed….
If the GP and/or others like to make it poss for women/men (non residents/citizens) to work in the sex industry on a tourist/student-visa.
Than surely any person coming into the country on a non-working visa should also be able to do the same and work if they find it.
IOW we can do away with work-visa application, because there is no longer a difference between the two categories…
Maybe you should read the post responses before commenting.
It's about decriminalising those who are here already so they can report exploitation with less fear.
mmhh, yes it is a discussion about decriminalising those that are on a tourist/student visa. In other words giving them the right to work.
So no longer will there be a difference between those that apply for a work-visa and those on any other kind of visa.
I don't think anyone is suggesting work should be legal on a general visitor visa, sex work or otherwise, just that sex work shouldn't automatically be banned for those on temporary visas. The temporary visa categories would still have to have the issue worked through.
Ok, lets see "sex shouldn't be automatically banned for those on a temporary Visa"
How about replacing -sex work – with: temporary IT/ project /cleaning/farming,etc on a non work- visa – should also not be banned?
NZ Temporary visa are: Student, Tourist or Work.
If you would allow work on a non-work visa, then what is the difference between somebody going through the right channels and apply for a work visa (even a temp one) and somebody working on a non-working visa – and not automatically be banned for doing so.. (after being caught by authorities?)
Either you apply for a work permit (if need be after arrival) and adhere to the rules of the country.
Stop mis-characterising what is being suggested. Unsure what your motive is in continually doing so.
Currently under existing conditions women are coming here and engaging in prostitution and being exploited. In doing so they are both in breach of their visa and illegal.
While migrants in occupations other than sex work are also deported for breach of their visa conditions, sex work is the only occupation prohibited in law, making it specifically illegal for migrants to work in the sex industry in New Zealand, and thus making them liable for deportation solely on the basis of their involvement in sex work. No other occupation is targeted in this way, even where considerable exploitation is documented.
All that is being asked that it not specifically be made illegal to encourage them to come forward and complain. That does not mean that approval be given for sex workers to come here and work and immigration have quite rightly pointed out that it would still be highly unlikely to give approval for sex workers to come here to work as they effectively are self employed and self-employment doesn't not qualify for work visas.
Can you please explain this a bit more? Repealing s.19 would allow sex workers to apply for visas. If they were to be turned down because that would make them self-employed, what is to stop them working for an employer doing sex work?
And what is to stop sex workers coming in on a working holiday visa and doing sex work once they are here?
section 19 of the Prostitution Reform Act 2003
https://www.legislation.govt.nz/act/public/2003/0028/latest/DLM197871.html
Immigration simply would not approve them just like they do not approve many others for other occupations. It isn't compulsory for applications to be approved and I can't ever imagine any government allowing a policy that would allow sex workers to be granted permits to come to New Zealand to work.
The question to ask is why is sex work singled out and made specific in the legislation as illegal and is that really needed?
And what is to stop sex workers coming in on a working holiday visa and doing sex work once they are here?
This is what is happening now or a student visa or a tourist visa and so on. Not having specific permission to come in and do sex work isn't preventing it occurring.
There is also some evidence that it may be harmful and increase the risk of exploitation.
“She also believed migrant sex workers were specifically preyed upon due to their vulnerable status.
“Rapists are not exclusively stupid, rapists are aware of the law, so they explicitly target migratory workers.””
https://www.nzherald.co.nz/nz/lives-can-be-overturned-is-deporting-migrant-sex-workers-causing-more-harm-than-good/ZO3HUHQAGCIACDUXC4UR7QN7UI/
I think people are really arguing thin end of the wedge fallacy.
https://en.wikipedia.org/wiki/Slippery_slope
Some more background
http://www.nzlii.org/nz/journals/NZPubIntLawJl/2021/2.html
While work visas are the main way to give temporary visas allowing people the ability to work in NZ, there are other visas granted with conditions allowing work.
Student visas commonly allow 20 hours/week of work during term time and full time work during holidays for tertiary students studying a course which meets the criteria (mostly two years full-time study, or Masters or PhD) and secondary students aged 16+ (I am aware that workers have to be 18 to be sex workers, but there are migrant secondary students who are 18 so would meet that criteria).
Guardians of students aged under 18 can be granted work conditions on their visitor visa to work between 9:30am-2:30pm.
Visas granted under the RSE scheme are limited visas, not work visas (not that this category is likely to be an issue).
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Thanks Lynn for pointing that out to Former.
"making it specifically illegal for migrants to work in the sex industry in New Zealand, "as as they effectively are self employed and self-employment doesn't not qualify for work visas."
Ah ok, first time I see this added info.
"No other occupation is targeted in this way,"
this mean: illegal workers are not deported when found out? I don't think so
It is not "illegal" to complain, but what one is asking at the same time for the authorities to not pass it on to immigration.