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
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