Thursday, August 13, 2009
LINDA'S STORY
I answered an ad in a Cape Town newspaper for a masseuse/receptionist. The advertisement stated I would be a staff member, would receive a salary of R8100 per month and receive an incentive bonus. During the interview I was told that the job involved answering the telephone and that I would be trained to do simple Swedish massages. She said to me this was a straight forward massage salon and there was “no funny business”. I was going to get a cut of each massage I did – which (I understood) was over and above the offered salary. On my second day, I was trained to do a back massage. When I started on the Monday, I went straight into doing back massages. I was confused when a client asked me for “extras” and did not understand what he meant. After a few days the owners asked me to “get more involved” and handed me a slip of paper which had the services I could offer. These were itemized and varied from “full house” R450 to Blow jobs R270 to “body to body” to “touching” at lower rates down to some R120. I then only realized what was really happening in this “beauty salon”. I needed the salary and decided to stay on, without doing any of the extras. Girls told me how they often did not use condoms, how married men are telling their wives they are in business meetings whilst having sex and how girls used drugs with their clients. The pestering from both the clients and management became so bad, that I could no longer take it. I decided to leave, which I could do because I had the support of my family. This was a very bad experience for me. The advertisement was a “con”. I was told they always had the best girls and I realize why, they got the young girls who never intended to be prostitutes but wanted a decent job. The pressure and the money got to them. They could earn up to R10 000 a week I realized too the salary was a “con” as well. I would never have received the R8100. No one ever did.
Example of job ad
RECEPTIONIST/TRAINEE MASSEUSE
Our salon is looking for a presentable, energetic and open-minded lady to join our team. Full training provided. To start immediately. This is not and escort agency. Total package R 9000 +pm. MMS Photo & Details
Our salon is looking for a presentable, energetic and open-minded lady to join our team. Full training provided. To start immediately. This is not and escort agency. Total package R 9000 +pm. MMS Photo & Details
Why parents don't know
In the case of many of these "beauty salons" every step is taken to assist the girl to keep the work secret. Each establishment has a secret number parents etc can phone and use her real name and the child can be called to the phone unless she is busy having sex in which case the parent will be told she is attending to a customer and will call back.
UN PROTOCOL ON TRAFFICKING
The definition of trafficking in the Protocol is the first international definition of trafficking.
"(a) ' Trafficking in persons' shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability [interpretative note (63)] or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation [interpretative note (64)], forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;" Interpretative note (63): "The travaux preparatoires should indicate that the reference to the abuse of a position of vulnerability is understood to refer to any situation in which the person involved has no real and acceptable alternative but to submit to the abuse involved." Interpretative note (64): "The travaux preparatoires should indicate that the Protocol addresses the exploitation of prostitution of others and other forms of sexual exploitation only in the context of trafficking in persons. The terms 'exploitation of the prostitution of others' or 'other forms of sexual exploitation' are not defined in the Protocol, which is therefore without prejudice to how States Parties address prostitution in their respective domestic laws." "(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used [interpretative note (68)];" Interpretative note (68): "The travaux preparatoires should indicate that Subparagraph (b) should not be interpreted as imposing any restriction on the right of accused persons to a full defence and to the presumption of Innocence. They should also indicate that it should not be interpreted as imposing on the victim the burden of proof. As in any criminal case, the burden of proof is on the State or public prosecutor, in accordance with domestic law[...]."
Commentary on Definition of Trafficking in the UN Protocolfrom the Global Alliance Against Trafficking in Women
The Trafficking Protocol contains the first international definition of 'trafficking in persons'. It takes a different approach to trafficking from that contained in the 1949 Convention, which focused only on prostitution and considered all prostitution, voluntary and forced, to be trafficking. The Protocol recognises the existence of voluntary prostitution and forced prostitution. It intentionally does not define the phrase "exploitation of prostitution of others or other forms of sexual exploitation" because government delegates to the negotiations could not agree on a common meaning. All delegates agreed that involuntary forced participation in prostitution would constitute trafficking, but the majority of governments rejected the idea that voluntary, non-coercive participation by adults in prostitution constitutes trafficking. In order to ensure the greatest number of signatories to the Protocol, delegates agreed to leave the phrase undefined and add the following explanation: "The travaux preparatoires should indicate that the Protocol addresses the exploitation of the prostitution of others and other forms of sexual exploitation only in the context of trafficking in persons. The terms 'exploitation of the prostitution of others' or 'other forms of sexual exploitation' are not defined in the Protocol, which is therefore without prejudice to how States Parties address prostitution in their respective domestic laws." Thus, the Trafficking Protocol expressly permits states to focus only on forced prostitution and other crimes involving force or coercion and does not require governments to treat all adult participation in prostitution as trafficking. Governments that want to focus on crimes involving force or coercion in prostitution and other forms of labour do not even need to include the phrase "exploitation of prostitution of others or other forms of sexual exploitation" in their domestic law. The terms "forced labour or services, slavery or practices similar to slavery, servitude" will cover all situations including forced participation in the sex industry. Furthermore, forced labour, slavery and servitude are defined in international law and those definitions can be incorporated into domestic legislation. As "exploitation of prostitution of others or other forms of sexual exploitation" are not defined in international law, governments would have to develop clear definitions for their criminal codes. If they do not define the phrase or define it unclearly, then convictions will be difficult because prosecutors will not know what they have to prove. Clear criminal law definitions are essential to the rule of law and the rights of the defendant. Definition of Sexual Exploitationfrom the Global Alliance Against Trafficking in Women If a government insists on using language such as 'sexual exploitation', we should encourage them to use the following definition so that sexual exploitation, like any other form of labour exploitation, requires the use of force or coercion etc.: "'sexual exploitation' means the participation by a person in prostitution, sexual servitude, or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage or fraud. Even in the absence of any of these factors, where the person participating in prostitution, sexual servitude or the production of pornographic materials in under the age of 18, sexual exploitation shall be deemed to exist."
"(a) ' Trafficking in persons' shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability [interpretative note (63)] or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation [interpretative note (64)], forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;" Interpretative note (63): "The travaux preparatoires should indicate that the reference to the abuse of a position of vulnerability is understood to refer to any situation in which the person involved has no real and acceptable alternative but to submit to the abuse involved." Interpretative note (64): "The travaux preparatoires should indicate that the Protocol addresses the exploitation of prostitution of others and other forms of sexual exploitation only in the context of trafficking in persons. The terms 'exploitation of the prostitution of others' or 'other forms of sexual exploitation' are not defined in the Protocol, which is therefore without prejudice to how States Parties address prostitution in their respective domestic laws." "(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used [interpretative note (68)];" Interpretative note (68): "The travaux preparatoires should indicate that Subparagraph (b) should not be interpreted as imposing any restriction on the right of accused persons to a full defence and to the presumption of Innocence. They should also indicate that it should not be interpreted as imposing on the victim the burden of proof. As in any criminal case, the burden of proof is on the State or public prosecutor, in accordance with domestic law[...]."
Commentary on Definition of Trafficking in the UN Protocolfrom the Global Alliance Against Trafficking in Women
The Trafficking Protocol contains the first international definition of 'trafficking in persons'. It takes a different approach to trafficking from that contained in the 1949 Convention, which focused only on prostitution and considered all prostitution, voluntary and forced, to be trafficking. The Protocol recognises the existence of voluntary prostitution and forced prostitution. It intentionally does not define the phrase "exploitation of prostitution of others or other forms of sexual exploitation" because government delegates to the negotiations could not agree on a common meaning. All delegates agreed that involuntary forced participation in prostitution would constitute trafficking, but the majority of governments rejected the idea that voluntary, non-coercive participation by adults in prostitution constitutes trafficking. In order to ensure the greatest number of signatories to the Protocol, delegates agreed to leave the phrase undefined and add the following explanation: "The travaux preparatoires should indicate that the Protocol addresses the exploitation of the prostitution of others and other forms of sexual exploitation only in the context of trafficking in persons. The terms 'exploitation of the prostitution of others' or 'other forms of sexual exploitation' are not defined in the Protocol, which is therefore without prejudice to how States Parties address prostitution in their respective domestic laws." Thus, the Trafficking Protocol expressly permits states to focus only on forced prostitution and other crimes involving force or coercion and does not require governments to treat all adult participation in prostitution as trafficking. Governments that want to focus on crimes involving force or coercion in prostitution and other forms of labour do not even need to include the phrase "exploitation of prostitution of others or other forms of sexual exploitation" in their domestic law. The terms "forced labour or services, slavery or practices similar to slavery, servitude" will cover all situations including forced participation in the sex industry. Furthermore, forced labour, slavery and servitude are defined in international law and those definitions can be incorporated into domestic legislation. As "exploitation of prostitution of others or other forms of sexual exploitation" are not defined in international law, governments would have to develop clear definitions for their criminal codes. If they do not define the phrase or define it unclearly, then convictions will be difficult because prosecutors will not know what they have to prove. Clear criminal law definitions are essential to the rule of law and the rights of the defendant. Definition of Sexual Exploitationfrom the Global Alliance Against Trafficking in Women If a government insists on using language such as 'sexual exploitation', we should encourage them to use the following definition so that sexual exploitation, like any other form of labour exploitation, requires the use of force or coercion etc.: "'sexual exploitation' means the participation by a person in prostitution, sexual servitude, or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage or fraud. Even in the absence of any of these factors, where the person participating in prostitution, sexual servitude or the production of pornographic materials in under the age of 18, sexual exploitation shall be deemed to exist."
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