RSS Feed

Monthly Archives: August 2014

To them, we are nothing but vessels

A young non-Irish woman with limited English and precarious residency status, discovered she was eight weeks pregnant as a result of what the Sunday Times have reported as a “traumatic rape.” Due to her legal status in Ireland she could not freely travel abroad in order to access an abortion so immediately applied to have a termination in Ireland under the new legislation, stating that she was suicidal at the prospect of carrying the foetus to term. Like Savita Halappanavar and Bimbo Onanuga, she is another woman from outside of Ireland who has been completely failed by the Irish medical system.

Three doctors declared that the woman was suicidal under the panel formed under the Protection of Life During Pregnancy Act in January. The legislation states that medical practitioners may authorise an abortion where “there is a real and substantial risk of loss of the pregnant woman’s life from a physical illness or by way of suicide” but they must have “regard to the need to preserve unborn human life as far as practicable.” The Act does not set out timelines during which decisions should be made by these panels, or when abortions should be performed if granted under this law. To insert a timeline in that law, giving the applicant some clarity, would have been too generous a gift for the women of Ireland by the Irish government. The panel of three doctors said that despite the fact she was suicidal, it would be better to wait until the foetus was viable for delivery instead of performing an abortion. She went on hunger and liquid strike in response. People do not enter in to hunger strike lightly; It is a last resort attempt by people seeking redress when the politics of despair have left them with nothing else to fight with but their own bodies.

The HSE in turn, sought an emergency order at the High Court on the 2nd of August which would allow it to forcibly hydrate the woman on the grounds that they wanted to protect her life and the life of the foetus which she did not wish to carry. It further sought orders that would allow them to carry out other procedures related to her pregnancy. The woman was represented by her lawyers, and the foetus was also represented by its own legal team. The Irish courts have already stated that it is a medical practitioner who is entitled to make decisions concerning the pregnancy, and not the woman herself. The law goes far beyond preventing a pregnant woman from having an abortion in circumstances where her life is not at risk. The Irish law is designed so that a person who is pregnant no longer has any say over what happens their body whether it concerns continuing the pregnancy itself, the location in which you wish to give birth or whether you will hydrate yourself or not.

Last month in Geneva, the chair of the UN Human Rights Committee said that Irish law on abortion treats women as a “vessel and nothing more.” Once you are pregnant in Ireland, you become property of the state and your own wishes are irrelevant.

On the 3rd of August, this young, suicidal rape victim, having gone through two court hearings seeking an abortion and an unknown number of medical interrogations by a panel of three doctors, underwent a caesarean section in an Irish hospital at approximately 24-26 weeks gestation. Preserving human life as far as practicable in their eyes required performing a c-section on a woman while she was around six months pregnant, despite the fact that she had been raped, was suicidal, had gone on hunger and thirst strike and had asked for an abortion repeatedly from eight weeks on.

The implications of this are horrifying. It has sent a clear message to women in Ireland that if you are suicidal and seek an abortion which you are constitutionally entitled to, you run the risk of medical practitioners compelling you to wait until the foetus is viable and then having a c-section forcibly performed on you. This woman was in a very vulnerable position given the multiple traumas she had endured. It is the stuff of nightmares. There are other women who are suicidal as a result of pregnancy and access abortion services because they have the means and support to travel. Some contact Women on Web and some contract the Abortion Support Network. Some will borrow money from friends. Those who don’t have internet or phone access to make appointments or ability to leave the country, or money to pay, and will take other steps. Some will borrow from money-lenders, others might throw themselves down stairs. But those who are pregnant and suicidal will not go to these panels, the risk is too great.

We do not know the full facts of this particular case because the media are restricted from reporting in full. However, we do know that the Protection of Life During Pregnancy Act has not resolved the issue of not being able to access an abortion even if you are suicidal in Ireland. Three doctors said this woman was suicidal, but apparently this was not the right kind of suicidal for the purposes of the Act, and because a c-section was available then she could have that instead of a lawful termination.

It begs the question of what type of ‘suicidal’ will allow you to have a legal abortion in this jurisdiction and as long as the Eighth Amendment remains in the Constitution, there will be women travelling, dying and undergoing forced c-sections for want of an abortion within Ireland. There is no clarity as to what the scope of “practicable” actions are in order to prevent a woman from having an abortion under the cloak of “protecting the life of the unborn.”

Years ago, I had a conversation on facebook with someone who was anti-choice and was quite forthright in his views that women should be prevented from having abortions at all costs, even if they were suicidal and it required locking them up in specially designed pregnancy gulags under 24 hour suicide watch. It is a frightening vista but not totally unrealistic. Those on the anti-choice side will of course say the term “gulag” is hysterical, but if you were a pregnant suicidal rape victim, who wanted an abortion, and was in hospital on a court-ordered drip having an effectively forced c-section under threat of a court order, faced with the prospect of a 14 year jail sentence if you induce your own miscarriage, it just might feel pretty gulag-esque. You just might even etch “Nolite te bastardes carborundorum” on a wall.

To them, we are nothing but vessels.

Repeal the 8th.

Journalists’ Ongoing Human Trafficking Problem

Guest post by Matthias Lehmann

More often than not, advocacy for sex workers’ rights and the acceptance of sex work as work puts one at odds with members of that part of the anti-human trafficking movement that rejects these ideas, considers prostitution as inherently harmful, and brands anyone disagreeing with them as a member of some imaginary pimp lobby. Another group one finds oneself at odds with are journalists who report about – and, like the former, conflate – human trafficking and prostitution, as their articles frequently include false, inaccurate or misrepresented information.

Chimpanzee Typing - Image by New York Zoological Society (1907)

As sex workers and their allies will confirm, one could easily spend all day writing rebuttals to counter the influence on public opinion of the many sensationalist reports, but one has to pick and choose. The following is a response to Kyla Ryan’s article “Cambodia’s Ongoing Human Trafficking Problem” in The Diplomat. Before I start, however, I would like to state that I am not an expert on the situation in Cambodia, although I previously conducted research and field work in the Greater Mekong Sub-region. I can read, however, and my rebuttal of Kyla Ryan’s article will for the most part analyse one of the very sources she used in writing her article.

Far, very far indeed, be it from me to deny that children are being sexually exploited and, as German politician and human rights activist Volker Beck once put it, “every trafficking victim is one too many”.

However, a quick glance at the source of Kyla Ryan’s alarming statements, a report by ECPAT-Cambodia, reveals that what she should have focused on is the rape of children in settings that are not related to human trafficking.

Let’s look at the data and let’s assume, for argument’s sake, that the research conducted is methodologically sound and all of the findings accurate.

Rape

The report by ECPAT-Cambodia states that in 2011, “658 cases of rape were referred to the 33 participating NGOs, involving 671 victims”, 483 of whom were minors (71.5%).  While about half of these 483 victims were teenagers, 169 were aged between 7-12 (35%) and 77 between 1-6 (16%).

The report continues to state that the next highest age group, those aged 18-25, which ECPAT labels as ”young people”, accounted for the majority of adult victims, meaning that grouped together, victims aged 0-25 accounted for 90.5%.

I am not going to dismiss the fact that such an overwhelming majority of rape victims was rather young or even very young, but one should not overlook the fact that ECPAT-Cambodia labels youth here as “children” and adults as “young people”. It doesn’t take a conspiracy theorist to see that the organisation’s self-interest plays a role here, regardless of how honourable its goals might be. The report does emphasise that “the majority of victims (approximately 1 in 3) were in the 13-17 years age group”, but I’ll come back to that later.

The report found that, “consistent with all previous Database Annual Reports”, “rape offenders in Cambodia are generally not total strangers to the victims, and usually know the victim fairly well”. The report suggests “that police and judicial investigations, as well as authorities and NGOs, should consider parental and neighborhood relations as key elements in preventing and protecting children (and adults) from rape”.

In the year 2011, 98.8% of the offenders were Khmer, with 0.9% foreign and 0.2% Cham/Muslim. (No further details are provided.) The total number of offenders was 770, therefore, the 0.9% correspond to 7 foreign offenders (rounded up) in the cases referred to the participating NGOs.

Trafficking for Sexual Exploitation

Looking at the data about trafficking reveals that in 2011, “71 cases of sexual trafficking were referred to the participating NGOs, involving 88 victims”, 66 of whom were minors (75%). While 55 of these 66 were teenagers, 10 were aged between 7-12 (15.2%) and 1 was aged between 1-6 (1.5%).

The report continues to state that “the number of child victims in the very young age groups of 1-6 years and 7-12 years was relatively high, with nearly 17% of the total child victims belonging to these two age groups”. As above, the report also states that, when grouping victims aged 0-25 together, they accounted for 92%.

Once again, every trafficking victim is one too many and I am not going to dismiss the fact that 11 children under 12 years of age were trafficked for sexual exploitation. One should not overlook the fact, however, that in the text of the report, ECPAT-Cambodia uses percentages rather than the number of cases and again joins age groups together, since, obviously, 17% is a more useful number than 11 to raise awareness – and funds! – and the same goes for anything in the 90% range.

The report does not provide details on the offenders who exploited the trafficking victims as customers but only on the 76 recruiters involved in the 71 cases.

Again, the report found that, “consistent, in general terms, with all previous Database Annual Reports”, “recruiters of sexual trafficking in Cambodia are generally not total strangers to the victims, and usually knew the victim fairly well” and suggests that “police and judicial investigations, as well as authorities and NGOs, should consider parental and neighborhood relations as key elements in preventing and protecting children (and adults) from sexual trafficking”.

Listing percentages only, the report states 50% of the recruiters were Khmer, 10.5% Vietnamese, 7.9% Thai, Other Asian 5.3%, European 10.5%, and American 3.9%. The report states that “there is limited consistency across the years in regards to the nationality of recruiters” and that “it is too soon to determine whether the drastic increase in European/American recruiters in 2011 constitutes a new trend”.

Granted, a combined 14.4% for European and American recruiters is quite a marked increase from 0% the year before. Once again, the use of percentages is somewhat conspicuous, however. Converted into actual numbers, the 14.4% correspond to ten recruiters/traffickers. All foreign recruiters listed in the table accounted for 38.1% or 29 recruiters/traffickers.

It is interesting to note that in 2011, 51.6% (or 39) of the recruiters/traffickers were female, while 48.4% (or 37) were male.

Misrepresenting the Problems

Let’s look at Kyla Ryan’s article at The Diplomat then.

Ryan (or her editor) chose as the headline “Cambodia’s Ongoing Human Trafficking Problem”, when in fact, the ratio of rape to trafficking victims in Cambodia in 2011 was roughly 7.5:1 (671:88), at least according to the very source Ryan’s article is based on.

The byline states that “the country still sees a trade in girls as young as five years old”. While that may be true, the report this statement is based on lists a single victim aged 1-6 years old and doesn’t actually reveal the gender of the two-year-old victim.

Speaking of gender: nearly 20% of the overall trafficking victims in 2011 – the report doesn’t provide figures broken down by age groups – were male, and the report does state that the “data is a reminder that boys and men are also victims of sexual abuse and exploitation … although this may often be contrary to popular belief”. Articles such as Ryan’s are one of the main reasons why such popular beliefs exist.

Ryan is also guilty of perpetuating the common “male foreign perpetrator, female local victim” paradigm when she writes that Phnom Penh is “where foreign men come to seek sex with young girls”. While I cannot deny that men, foreign or local, may seek sex with young girls, the data on which Ryan bases her article says nothing at all about foreign men who bought sex from young girls. Instead, the report does say a lot about rape, but Ryan chooses to mention rape only in connection to brothels. The only foreigners mentioned in the report are the 29 recruiters/traffickers in 2011, eleven of which were European or American.

While Ryan does allude to the “complicated” situation where family members are involved in human trafficking, she curiously writes that “many young girls are not forced into the trade by criminals, but by family members”. I never knew that being a family member and being a criminal were mutually exclusive. One may disagree with me here, but it appears that Ryan prefers to blame “foreign men” for the crime, with family members merely being complicit in it.

Nobody should dismiss or trivialise sexual violence against children, youth, young adults, or adults in general. My issue with articles such as the one by Kyla Ryan is that they misrepresent the problems and fuel the rampant, and harmful, anti-trafficking panic while largely ignoring the actual problems.

Ryan fails to mention the fraudulent and exploitative activities of Somaly Mam – her organisation AFESIP was one of the NGOs contributing to the ECPAT-Cambodia report – and the underlying problem that more often than not, only lurid stories make for effective fundraising for anti-trafficking organisations, a problem which also seems to affect the way ECPAT-Cambodia wrote its report. Ryan also leaves out ECPAT-Cambodia’s recommendation to give greater consideration to “parental and neighborhood relations as key elements in preventing and protecting children (and adults) from sexual trafficking”. I must assume it didn’t fit into the narrative she wanted to engage in.

The report by ECPAT-Cambodia states that 1 in 3 rape victims and 2 in 3 trafficking victims were in the 13-17 years age group. Where rape was concerned, all offenders were male and nearly all were Khmer, but where trafficking was concerned, a slight majority was female and the majority was Khmer, though 38.1% (or 29 people) were foreign.

To summarise: according to ECPAT-Cambodia’s report, the bigger problem in Cambodia is rape, not trafficking; the main victims of both rape and trafficking are youth aged 13-17; and the offenders are overwhelmingly locals – where rape is concerned this is entirely the case, and where trafficking is concerned they comprise the majority.

Kyla Ryan’s article paints another picture. “Read The Diplomat, know the Asia-Pacific?” Hardly.

Epilogue

I said above that for argument’s sake, I would assume that the report by ECPAT-Cambodia is accurate, but I strongly recommend anyone truly interested in the subject to read further, because regardless of its wording or use of percentages, the report does provide a number of interesting facts, e.g. who was classified as recruiter/trafficker – included were owners or employees of brothels or massage parlours – or the reasons why “92% of victims agreed to go with the recruiter” – 29.2% stated they “wanted money to buy things” – or that “the majority knowingly entered sex work”. Admittedly, 42.1% said they were promised other occupations and then forced into sex work. One mustn’t discount, however, that some respondents might well have hesitated to admit they knowingly entered sex work, for fear of the stigmatisation they would face as a result of that. By suggesting that, I certainly do not mean to dismiss any actual cases of sexual exploitation. But equally, one must not ignore that due to the stigma attached to sex work, people selling sex frequently experience discrimination and violence, which even extends to their children and other family members, exacerbating their health risks and isolation and depriving them of their basic human rights.

Matthias Lehmann is a doctoral researcher at Queen’s University Belfast. His prior research and field work dealt with human trafficking in the Greater Mekong Sub-region and human rights violations against sex workers in South Korea. His current research focuses on prostitution legislation in Germany. His blogs can be found here and here.