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UN Human Rights Committee Questions U.S.’s Criminalization of Sex Workers as Method to Fight Trafficking

Yesterday the United Nations Human Rights Committee released its report on U.S. compliance with its obligations under the International Covenant on Civil and Political Rights (ICCPR). Advocates for sex worker rights from BPPP and SWOP-Phoenix were present during the Committee’s review of the U.S. government, and filed a shadow report with the Committee on rights abuses against people involved in commercial sex. The Committee is comprised of eighteen independent human rights experts who monitor states’ compliance with the ICCPR.  The United States ratified the ICCPR in 1992.

The “Concluding Observations” from the Committee included important points on racial profiling, police abuse, and immigrants’ rights. The Committee also called on the U.S. to re-align its anti-human trafficking efforts with human rights norms, which reject criminalizing people who are trafficked. Importantly, the Committee’s report placed the problem of forced labor within a larger framework of economics and immigration policies, and noted its concern “about the insufficient identification and investigation of cases of trafficking for labor purposes.”

Earlier in March, in Geneva, Human Rights Committee members questioned the U.S. Justice Department’s position that criminalizing sex workers (by calling for jail time for sex workers) is a sound way to combat human trafficking, noting the harm criminalization causes. During the hearing, Roy L. Austin, Jr., Deputy Assistant Attorney General with the Justice Department’s Civil Rights Division made clear that criminalization of sex workers is part of the administration’s approach to trafficking. Addressing advocates’ questions on the issue, Mr. Austin stated, “This issue is incredibly challenging, because to get those who exploit women, the only tool is to get those women to testify [by arresting them]. [We] sees those women as victims.

Human Rights Committee Chair Sir Nigel Rodley specifically asked how the government could expect people victimized and targeted by police and prosecutors to help provide evidence on traffickers. “[Mr. Austin] talked about the policy being victim-centered and in relation to sex trade workers, clearly the victims are the sex trade workers. If as I understood the policy is to prosecute them for doing something illegal, and I hope I’ve understood wrongly, then isn’t that going to make it particularly difficult to get the necessary evidence in order to reach effective prosecutions of traffickers, not to mention the double victimization?” he asked.

Advocates from SWOP-Phoenix and BPPP educated Committee members prior to the hearing about ways that U.S. policing practices and anti-trafficking initiatives violate the civil and human rights of arrestees. Specifically, advocates described how Project ROSE, a Phoenix-based ostensible anti-trafficking initiative actually results in mass arrest and imprisonment of people police suspect to be doing sex work, and violates the due process rights of arrestees in the process.

Advocates noted how criminalization harms sex workers, people profiled as sex workers, and people who are trafficked. They also spoke about how there is forced labor in an array of industries, including farm work, domestic work and factory work, but there is no other arena aside from sex work where the approach is to criminalize people who may be trafficked in order to prosecute human traffickers.

During a civil society briefing with the U.S. government delegation attending the review in Geneva, advocates pointed out to the Justice Department official that places like Phoenix, AZ impose mandatory minimum sentences for criminal convictions for sex work, meaning arrestees are imprisoned in Arizona’s notorious detention facilities. In 2009, Arizona’s Department of Corrections killed Marcia Powell, who was sentenced to a 27-month prison term for sex work, by confining her in a metal cage in the desert with no water. As in some other states, escalating penalties in Arizona for additional sex work convictions eventually lead to an automatic felony, depriving arrestees of voting rights and other civil and human rights.

In a statement before the Human Rights Committee, SWOP-Phoenix member Jaclyn  Moskal Dairman asked that the Committee, “call on the US to ensure that sex workers and people profiled as such are afforded their constitutional rights when arrested under ostensible ‘anti-trafficking’ initiatives, and call on the government to monitor anti-trafficking funds to ensure they are not being used to violate civil rights.

BREAKING: Monica Jones’ Trial Postponed due to Constitutional Challenge

Trans Activist Monica Jones’ Trial Postponed due to Constitutional Challenge of ‘Manifestation of Intent to Prostitute’ Statute

Contact: Margie Diddams, Sex Worker Outreach Project, 480-553-3777, swop.phx@gmail.com

PHOENIX, AZ— Dozens of supporters packed the courtroom this morning in support of ASU student and anti-SB1062 activist Monica Jones. Ms. Jones is facing unjust charges of “manifestation of intent to prostitute,” a vague and discriminatory law that criminalizes activities like waving at cars, talking to passerbys, and inquiring if someone is a police officer. Ms. Jones’ lawyer filed a motion to challenge this statute on constitutional grounds, resulting in the trial being postponed until April 11th. Ms. Jones states, “We will be back with twice as many people.”

In Arizona and across the country, trans women of color like Ms. Jones are routinely profiled and swept up in the criminal justice system on prostitution-related charges, due to a phenomenon many call “Walking While Trans.” An unjust lack of community and legal support leads most people to take please against their best interest. That’s why Ms. Jones decided she was going to fight the charges, so that no more trans women, sex workers, or people profiled as sex workers will have to face these injustices.

Sex Workers’ Outreach Project (SWOP) of Phoenix is continuing to build momentum for Monica Jones’ case with the support of the ACLU motion against the ‘manifestation’ statute. If the statute is overturned, it will be a victory not only for Ms. Jones, but for trans women, sex workers, and people profiled as sex workers throughout Arizona and the nation.

Ms. Jones states, “It’s time that we end the stigma and the criminalization of sex work, the profiling of trans women of color, and the racist policing system that harms so many of us.”

Nationally and internationally, over 1,000 individuals and numerous organizations have publicly declared support for Ms. Jones; organized solidarity protests around the country and participated in a campaign to demand that Phoenix city prosecutor Aaron Carreon-Ainsa drop the charges against Ms. Jones. Advocates from SWOP Phoenix are currently in Geneva, Switzerland at the UN sharing Ms. Jones’s story as emblematic of how police in the U.S. routinely violate human rights.

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Phoenix Update: Monica Jones interviewed on MSNBC’s “All In with Chris Hayes”

Tonight Monica Jones got to speak about her fight for justice to an nationwide TV audience via an appearance on the MSNBC show “All In with Chris Hayes.” It was a very short segment, but she did a great job. To have a mainstream media TV show feature Monica’s efforts and conversations about sex worker rights, walking while trans, and police mistreatment of people of color feels like quite a victory!

Prior to Monica’s interview, our friend Sienna Baskin from the Sex Worker Project at Urban Justice Center discussed sex work legal policy issues. You can see her segment here.

Huge victory for human rights–Canada high court strikes down prostitution laws

This morning sex workers, people in the sex trade, and allies around the world were moved to cheers and tears by the decision of the Canadian Supreme Court in the Bedford case. In a unanimous ruling, the high court struck the entirety of Canada’s prostitution laws from the books, finding that the

“provisions, primarily concerned with preventing public nuisance as well as the exploitation of prostitutes, do not pass Charter muster: they infringe the s. 7 rights of prostitutes by depriving them of security of the person in a manner that is not in accordance with the principles of fundamental justice.”

The sex workers who brought the case were visibly overjoyed and emotional on television after the decision was released.

The justices gave the Canadian government a year to react to the judgment–and already anti-sex worker rights groups have discussed introducing the so-called Nordic system of criminalizing clients. But human rights groups in Canada have already rejected that approach, and the Bedford plaintiffs and their lawyers strongly cautioned the government against such laws as well.

While it takes time for laws, and society, to change, meaning many folks involved in commercial sex will not immediately benefit from the Court’s ruling, the decision is nonetheless momentous. It has the potential to affect the fight for recognition of sex workers’ rights well beyond the borders of Canada. We send a salute to the tireless advocates and activists who fought this battle and won.