Tag: trafficking

Ill-informed legislation under consideration in Maryland

March 25th, 2015 · · Policy Updates No comments - Tags: , , , ,

BREAKING 11:45am, March 25, 2015: We just learned that the Senate Bill has been withdrawn and the hearing cancelled. This is a great victory for human rights!

While lawmakers at the federal level are battling over a largely bad piece of legislation allegedly meant to address human trafficking, a proposal in Maryland to increase criminal penalties related to trafficking and prostitution will have a hearing on March 25. In the name of making human trafficking-related crimes felonies rather than misdemeanors, the Maryland Senate will hear testimony on Senate Bill 904. This is the counterpart to House Bill 241, which had a hearing last month. Aside from the fact that a criminalization approach is not effective in addressing coercion or exploitation, Maryland’s human trafficking law is even more problematic than many others. In 2007 lawmakers essentially amended the state’s pandering laws and renamed them “human trafficking” laws–meaning that human trafficking in Maryland only covers force, fraud and coercion in the sex sector, and trafficking in any other sector is not covered.

The proposed law would make the following, among others, into felony crimes:

  • take or cause another to be taken to any place for prostitution
  • place, cause to be placed, or harbor another in any place for prostitution
  • persuade, induce, entice, or encourage another to be taken to or placed in any place for prostitution

As noted by advocates like Power Inside who are speaking out against these bills (as well as those who have spoken out against similar legislation in other parts of the country) such a law would increase dramatically the criminal penalties associated with important harm reduction practices such as sex workers working together. A friend giving a ride to a sex worker, a boyfriend or a girlfriend acting as a lookout when a sex worker takes a date, or an older sex worker giving advice to a younger sex worker could all be liable for felony crimes under such a law, which would include up to 25 years in jail, a $15,000 fine, and no possibility to expunge the conviction.

If Maryland lawmakers are truly interested in helping people who experience force, fraud or coercion in the course of their work, whether in the sex sector, domestic labor, agricultural sector, or elsewhere, they should revise the law to properly define human trafficking. Even more importantly, they should focus on structural reforms that would make people less vulnerable to exploitation, such as increasing labor protections, raising the minimum wage, ensuring a strong social safety newt, promoting worker organizing among migrants and other vulnerable groups, and removing criminal laws associated with sex work.

Power Inside, Best Practices Policy Project, Sex Worker Project, and other groups are sending the letter below to the Maryland Senate and General Assembly encouraging them to table this bill and reconsider their approach.

TO: The Hon. Bobby Zirkin, Chair, and members of the Senate Judicial Proceedings Committee; Hon. Joseph Vallario, Jr., Chair, and members of the House Judiciary Committee

FROM: The Undersigned Organizations

DATE: March 25, 2015

RE: Opposition to Senate Bill 904 and House Bill 241

As service providers, human rights advocates, and experts working on behalf of victims of human trafficking across the country, we appreciate the zeal with which the Maryland legislature has taken on the fight to end human trafficking. However, we believe strongly that SB 904 and HB241 are misguided and we oppose increasing penalties under subsection (a) of Maryland Criminal Code § 11-303 and urge the committees to release an unfavorable report on each of the respective bills.

Firstly, it is important to recognize that trafficking adults with the use of force, fraud, or coercion is already correctly a felony under MCC § 11-303(b)(2). This is in line with the definition of trafficking used by the federal government, and accepted as a model law by the American Bar Association, the Uniform Laws Commission, the United Nations, and experts in human trafficking. SB 904 and HB 241 are unnecessary to protect adult victims of human trafficking.

As it stands, MCC § 11-303(a) criminalizes activities that fall far beyond the widely accepted definition of human trafficking. If the amendments pass, basic safety techniques that those in the sex trade, including victims of human trafficking, engage in as a means of harm reduction would be considered felony human trafficking. For instance, two trafficking victims driving to and from jobs together would be considered felony human trafficking. This increased criminalization of an overbroad definition of trafficking will inadvertently escalate harm to adult victims of trafficking, as well as homeless and otherwise vulnerable adults involved in prostitution who rely on their peers for basic survival.

The increased penalties of these common harm-reduction activities have far-reaching consequences beyond longer and more costly sentences. Many Maryland residents who enter into prostitution have been disproportionately impacted by the criminalization of homelessness, health conditions, and survival related behaviors such as trading sex for shelter. As such, they may have lengthy criminal records for crimes that may eventually be expunged or sealed.  Human trafficking is not eligible for sealing or expungement. As such, anyone arrested and convicted under MCC § 11-303 for prostitution-related activities that fall short of the commonly understood definition of human trafficking will face life-long stigma and discrimination when seeking employment, housing, and education. This is especially true when considering that most employers, landlords, and other gate-keepers will not understand the broad range of survival activities that are considered “human trafficking” under Maryland state law. This unfortunate consequence of criminalization forces people to rely on the sex industry, even when seeking to escape it. This problem is only compounded if non-violent trafficking charges are increased to felonies.  Passing this law could wreak havoc on the lives of the most vulnerable, and we are deeply concerned about the implications.

We, the undersigned, oppose SB 904 and HB 241.

JOIN MONICA JONES ON APRIL 11: TAKE ACTION FOR THE RIGHTS OF TRANS PEOPLE AND SEX WORKERS

April 4th, 2014 · · Campaigns, Uncategorized No comments - Tags: , , , , , ,

The Best Practices Policy Project, the Desiree Alliance, Global Action for Trans* Equality and INCITE! are calling for US-wide and international action on April 11, 2014 to support Monica Jones’ campaign for the rights of transgender people and sex workers.

Monica Jones, a human rights defender in Arizona and an advocate for the rights of transgender people and sex workers, was profiled and wrongfully arrested for “manifestation of prostitution” by a police sting operation and anti-prostitution diversion program known as “Project ROSE”. Ms Jones had been a speaker at a rally protesting Project ROSE—which is run by Phoenix police and Arizona State University’s School of Social Work—the day before. At the time of her arrest, she was not engaging in sex work, but was in fact walking down her street to the local bar.

On April 11 at 8.30 am (US Mountain Standard Time) Monica’s case will go to trial at Phoenix Municipal Court. She will plead not guilty and an action is planned outside the court to show the City of Phoenix Prosecutor that we won’t tolerate the systematic profiling and criminalization of transgender people of color and sex workers. The court date was postponed after Monica’s defense filed a motion challenging the constitutional basis of the manifestation law, and Monica promised to return with “twice as many people.” Last month, two sex worker rights advocates went to the United Nations in Geneva to bring international attention to Monica’s trial and the ongoing human rights violations occurring in Phoenix and across the United States.

We call on people and organizations across the United States, in the region and internationally to show your support for Monica Jones and the issues she cares about. We encourage individuals, organizations, and communities to acknowledge the day in whatever way they feel safe in doing to raise awareness, to learn and share about the issues (it could be through social media action, by sharing a meal, organizing a public action, writing a letter to the press, through art and so on).

Please email us at bestpracticespolicyproject @ gmail.com and director @ desireealliance.org to tell us about the action you plan and if you would like us to highlight your action on our websites. If you wish to add your organization’s name to this call, email us and we would be happy to do so.

More information about the case, Monica’s trial can be found at:

https://www.facebook.com/events/477216822384806/

http://www.swopphoenix.org/monica/

http://www.bestpracticespolicy.org/2014/01/10/phoenix-calling-the-united-nations-new-iccpr-report/

Since refusing to plead guilty to the charges she is innocent of, Ms. Jones has been targeted four additional times by police officers while walking around her neighborhood carrying out everyday activities such as bringing groceries home or heading to her local bar. Each time, the police use insulting and transphobic language and threaten her with arrest, despite the fact that she is doing nothing more than simply walking outdoors. Across the U.S. and in Phoenix, transgender people of color are routinely targeted for harassment and hate-motivated violence, by both police and the public, and are frequently profiled as sex workers by police. Transgender people are also targeted for cruel treatment in prisons, including by guards.

Ms. Jones states, “I believe I was profiled as a sex worker because I am a transgender woman of color, and an activist. I am a student at ASU, and fear that these wrongful charges will affect my educational path. I am also afraid that if am sentenced, I will be placed in a men’s jail as a transgender woman, which would be very unsafe for me. Prison is an unsafe place for everyone, and especially trans people.”

Monica Jones should not have to go to court to fight wrongful charges resulting from a discriminatory and arbitrary arrest stemming from a department in which she studies. Sign the petition to have the charges against Monica dropped.

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

March 28th, 2014 · · Campaigns, Policy Updates, Uncategorized No comments - Tags: , , , ,

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

March 14th, 2014 · · Campaigns, Press Release, Uncategorized No comments - Tags: , , , , , ,

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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