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by Pastor Jerry Marcellino
Answer: This is a favorite passage that is regularlyquoted among many Christians, but it is rarely and correctly understood. In fact, its chronic overuse and abuse is justan example of what many sincere believers have done to numerous other well-knownpassages from God’s Word. Such mishandling of God’s Word reminds me of thequote, “A text without a context is a pretext for a prooftext.” This columnwill aim to engage many of those “prooftext” passages in the months andhopefully years ahead. But, let us begin by reading the context that istypically ignored when one interprets this verse:
“If your brother sins against you go and tell him hisfault, between you and him alone. If he listens to you, you have gained yourbrother. But if he does not listen, take one or two others along with you, thatevery charge may be established by the evidence of two or three witnesses. Ifhe refuses to listen to them, tell it to the church. And if he refuses tolisten even to the church, let him be to you as a Gentile and a taxcollector. Truly, I say to you, whateveryou bind on earth shall be bound in heaven, and whatever you loose on earthshall be loosed in heaven. Again I say to you, if two of you agree on earthabout anything they ask, it will be done for them by My Father in heaven” (Matthew18:15-19).
Now, read “For where two or three are gatheredin My name, there am I among them” (Matthew 18:20) -- please note -- it mustnever be severed from verses fifteen through nineteen, if we are to properly understandits true meaning.
The classic application of this passage uses it to claim the Lord’spresence at a small worship service or prayer meeting where at least two or three believers have gathered in spiritual agreement -- but “Christ is always present with His people, even with a lone believer totallyseparated from fellow Christians by prison walls or by hundreds of miles” (JohnMacArthur). This common misinterpretationignores the context and incorrectly handles “about anything” in verse 19 asbeing prayer (but the Greek word’s actual meaning and the context agree andtherefore should be understood as meaning “about any judicial matter”). The context is clearly about how a Christianshould handle repairing a fractured relationship with another believer, whichcould lead to the church body passing judgment if their conflict is notresolved Biblically (a process which is commonly called “church discipline”). Therefore, we learn from this whole passagethat Jesus is with His church in making a judgment based on evidence Biblicallyattained. That is, heaven agrees withthe decision of the true church when two or three have established the factsand the church passes a verdict in seeking to reconcile a relationship.
So, may our sincere “desired intent” never ever trump “authorial intent,”which is always spiritually unwise:
“And count the patience of our Lord as salvation, just as our belovedbrother Paul also wrote to you according to the wisdom given him, as he does inall his letters when he speaks in them of these matters. There are some thingsin them that are hard to understand, which the ignorant and unstable twist totheir own destruction, as they do the other Scriptures” (2 Peter 3:15-16).
Thank you for your question!
PastorJerry Marcellino, Audubon Drive Bible Church, PO Box 8055, Laurel, MS39441-8000
30 Eylül 2012 Pazar
12 Ways to Pray for Children
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1. Hear the Gospel—Savior, send people to share the good news about Christ with children so they can call on His name for salvation.
“Whoever will call on the name of the Lord will be saved. How then will they call on Him in whom they have not believed? How will they believe in Him whom they have not heard? And how will they hear without a preacher?” (Romans 10:13-14, nasb).
2. Health and Wholeness—Nurturing Father, help children grow strong in every way, as Jesus did – in wisdom, in stature and in favor with God and man.
“And Jesus kept increasing in wisdom and stature, and in favor with God and men” (Luke 2:52, nasb).
3. Love and Understanding for Children with Special Needs—Jesus, help your people see all children as You see them, remembering that what we do for them, we really do for you.
“The King will answer and say to them, ‘Truly I say to you, to the extent that you did it to one of these brothers of Mine, even the least of them, you did it to Me’” (Matthew 25:40, nasb).
4. Love for God’s Word—All knowing God, open children’s eyes to see wonderful things in your word, so it can light their path.
“Open my eyes, that I may behold wonderful things from Your law…Your word is a lamp to my feet and a light to my path” (Psalm 119:18,105 nasb).
5. Hope and Protection for Refugees—God, our refuge, comfort and protect children and families who have had to leave their homes.
“You are my hiding place; You preserve me from trouble; You surround me with songs of deliverance” (Psalm 32:7, nasb).
6. Freedom from Racism and Prejudice—Lord of all nations, give children love for people of all races and protect them from others’ hatred.
There is neither Jew nor Greek, there is neither slave nor free man, there is neither male nor female; for you are all one in Christ Jesus (Galatians 3:28, nasb).
7. Give and Receive Kindness—Gracious God, help children to know Your compassion and forgiveness and to share this grace with others.
“Be kind to one another, tender-hearted, forgiving each other, just as God in Christ also has forgiven you” (Ephesians 4:32, nasb).
8. More Children’s Workers—Lord of the harvest, send workers to reach children who have not yet heard the good news of Jesus.
“The harvest is plentiful, but the laborers are few; therefore beseech the Lord of the harvest to send out laborers into His harvest” (Luke 10:2 nasb).
9. Place to Grow in Faith—Good Shepherd, lead children into church communities that will spur them on toward love and good deeds.
“And let us consider how to stimulate one another to love and good deeds, not forsaking our own assembling together, as is the habit of some, but encouraging one another; and all the more as you see the day drawing near” (Hebrews 10:24-25, nasb).
10. Learn to Love God Wholeheartedly—Loving God, may each child grow to love you with all their heart, soul, mind and strength.
“And you shall love the Lord your God with all your heart, and with all your soul, and with all your mind, and with all your strength” (Mark 12:30, nasb).
11. Place of Belonging for Orphans—Father to the fatherless, send families and workers who will love and care for orphans.
“Pure and undefiled religion in the sight of our God and Father is this: to visit orphans and widows in their distress, and to keep oneself unstained by the world” (James 1:27, nasb).
12. Confidence in God—Faithful God, show children they can trust in You to be their hope and confidence in all things.
“For You are my hope; O Lord God, You are my confidence from my youth” (Psalm 71:5, nasb).
“Whoever will call on the name of the Lord will be saved. How then will they call on Him in whom they have not believed? How will they believe in Him whom they have not heard? And how will they hear without a preacher?” (Romans 10:13-14, nasb).
2. Health and Wholeness—Nurturing Father, help children grow strong in every way, as Jesus did – in wisdom, in stature and in favor with God and man.
“And Jesus kept increasing in wisdom and stature, and in favor with God and men” (Luke 2:52, nasb).
3. Love and Understanding for Children with Special Needs—Jesus, help your people see all children as You see them, remembering that what we do for them, we really do for you.
“The King will answer and say to them, ‘Truly I say to you, to the extent that you did it to one of these brothers of Mine, even the least of them, you did it to Me’” (Matthew 25:40, nasb).
4. Love for God’s Word—All knowing God, open children’s eyes to see wonderful things in your word, so it can light their path.
“Open my eyes, that I may behold wonderful things from Your law…Your word is a lamp to my feet and a light to my path” (Psalm 119:18,105 nasb).
5. Hope and Protection for Refugees—God, our refuge, comfort and protect children and families who have had to leave their homes.
“You are my hiding place; You preserve me from trouble; You surround me with songs of deliverance” (Psalm 32:7, nasb).
6. Freedom from Racism and Prejudice—Lord of all nations, give children love for people of all races and protect them from others’ hatred.
There is neither Jew nor Greek, there is neither slave nor free man, there is neither male nor female; for you are all one in Christ Jesus (Galatians 3:28, nasb).
7. Give and Receive Kindness—Gracious God, help children to know Your compassion and forgiveness and to share this grace with others.
“Be kind to one another, tender-hearted, forgiving each other, just as God in Christ also has forgiven you” (Ephesians 4:32, nasb).
8. More Children’s Workers—Lord of the harvest, send workers to reach children who have not yet heard the good news of Jesus.
“The harvest is plentiful, but the laborers are few; therefore beseech the Lord of the harvest to send out laborers into His harvest” (Luke 10:2 nasb).
9. Place to Grow in Faith—Good Shepherd, lead children into church communities that will spur them on toward love and good deeds.
“And let us consider how to stimulate one another to love and good deeds, not forsaking our own assembling together, as is the habit of some, but encouraging one another; and all the more as you see the day drawing near” (Hebrews 10:24-25, nasb).
10. Learn to Love God Wholeheartedly—Loving God, may each child grow to love you with all their heart, soul, mind and strength.
“And you shall love the Lord your God with all your heart, and with all your soul, and with all your mind, and with all your strength” (Mark 12:30, nasb).
11. Place of Belonging for Orphans—Father to the fatherless, send families and workers who will love and care for orphans.
“Pure and undefiled religion in the sight of our God and Father is this: to visit orphans and widows in their distress, and to keep oneself unstained by the world” (James 1:27, nasb).
12. Confidence in God—Faithful God, show children they can trust in You to be their hope and confidence in all things.
“For You are my hope; O Lord God, You are my confidence from my youth” (Psalm 71:5, nasb).
Pastor Hsi (One of China's Christians)
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The book, “Pastor Hsi (Oneof China's Christians),” was first published in 1900 by Mrs. HowardTaylor. My wife, Margaret, and I read a copy owned by her 98-year-old fatherwhich was printed in 1905, making it 107 years old! Reprint editions are stillavailable.
I am reading it again notingquotes and illustrations to share with others.
The book is possibly one ofthe most practical, spiritually encouraging, inspiring, challenging and lifeand ministry instructive biographies ever written! It is a book, which wouldgreatly help missionaries, Christian workers and pastors in life and ministrytoday.
This very practical book willhelp readers learn from godly men and women from the past so as not to reinventthe wheel of life and ministry. Reading this book will also help not to makemistakes which could be avoided by simply reading and then applying godlyprinciples such as the following:1. Pastor Hsi (pronounced"she") prayed about “everything”.2. He prayed and fasted fordays at a time, especially during difficult times.3. He was a man of great“trust in God”.4. The book gives excellentillustrations on how to deal with “difficult relationships”.5. There are many guidelinesfor growing in grace.6. Encouragement forpersevering under trials.7. How to shepherd and trainleaders.8. Pastor Hsi was verypractical in ministry.9. He developed a verysuccessful income-generating ministry which completely supported the work andmany full-time Christian workers.10. Pastor and Mrs. Hsiworked very hard and lived sacrificial lives.11. The young Chinese churchwas exceptional in hospitality.12. The Chinese leaders andchurch had a great vision for the lost and worked well with the China InlandMission (CIM) and constantly asked and prayed for more CIM missionaries forinland China.13. The church prayed andpleaded for single women missionaries to work with women.14. Pastor Hsi and his manydisciples had a burning passion for the millions of Chinese without Christ andwere continually praying and planning for advancement of the gospel!
In reading this excellent book, I was especially challenged to grow in graceand godliness and to renew my "passion for expansion," not to expandjust for growth but for the sake of people without Christ!
For example, in my belovedadopted country the Philippines, even with the growth of the church, there isstill an estimated 95% of the population of 100 million without Christ. This is95 million people! Throughout the world there are 145 million orphans and 100million street children most never having heard the gospel.
Therefore, should we not allpray that the ministry of our church,, mission and organization will expand toreach more for Christ and discipled?
To pray, "Oh Lord,please be gracious to us Your people, Your church and raise up many more menand women like Pastor and Mrs. Hsi of China. Please do it Lord for Your gloryand the salvation of many!"
“ . . . Christ in you, thehope of glory. We proclaim Him, admonishing every man and teaching everyman with all wisdom, so that we may present every man complete in Christ. For this purpose also I labor, striving according to His power, which mightilyworks within me” (Colossians1:27-29).
Let’s pray for one anotherand for a great advancement of the gospel!
The book, “Pastor Hsi (Oneof China's Christians),” was first published in 1900 by Mrs. HowardTaylor. My wife, Margaret, and I read a copy owned by her 98-year-old fatherwhich was printed in 1905, making it 107 years old! Reprint editions are stillavailable.
I am reading it again notingquotes and illustrations to share with others.
The book is possibly one ofthe most practical, spiritually encouraging, inspiring, challenging and lifeand ministry instructive biographies ever written! It is a book, which wouldgreatly help missionaries, Christian workers and pastors in life and ministrytoday.
This very practical book willhelp readers learn from godly men and women from the past so as not to reinventthe wheel of life and ministry. Reading this book will also help not to makemistakes which could be avoided by simply reading and then applying godlyprinciples such as the following:1. Pastor Hsi (pronounced"she") prayed about “everything”.2. He prayed and fasted fordays at a time, especially during difficult times.3. He was a man of great“trust in God”.4. The book gives excellentillustrations on how to deal with “difficult relationships”.5. There are many guidelinesfor growing in grace.6. Encouragement forpersevering under trials.7. How to shepherd and trainleaders.8. Pastor Hsi was verypractical in ministry.9. He developed a verysuccessful income-generating ministry which completely supported the work andmany full-time Christian workers.10. Pastor and Mrs. Hsiworked very hard and lived sacrificial lives.11. The young Chinese churchwas exceptional in hospitality.12. The Chinese leaders andchurch had a great vision for the lost and worked well with the China InlandMission (CIM) and constantly asked and prayed for more CIM missionaries forinland China.13. The church prayed andpleaded for single women missionaries to work with women.14. Pastor Hsi and his manydisciples had a burning passion for the millions of Chinese without Christ andwere continually praying and planning for advancement of the gospel!
In reading this excellent book, I was especially challenged to grow in graceand godliness and to renew my "passion for expansion," not to expandjust for growth but for the sake of people without Christ!
For example, in my belovedadopted country the Philippines, even with the growth of the church, there isstill an estimated 95% of the population of 100 million without Christ. This is95 million people! Throughout the world there are 145 million orphans and 100million street children most never having heard the gospel.
Therefore, should we not allpray that the ministry of our church,, mission and organization will expand toreach more for Christ and discipled?
To pray, "Oh Lord,please be gracious to us Your people, Your church and raise up many more menand women like Pastor and Mrs. Hsi of China. Please do it Lord for Your gloryand the salvation of many!"
“ . . . Christ in you, thehope of glory. We proclaim Him, admonishing every man and teaching everyman with all wisdom, so that we may present every man complete in Christ. For this purpose also I labor, striving according to His power, which mightilyworks within me” (Colossians1:27-29).
Let’s pray for one anotherand for a great advancement of the gospel!
Leaders are not pulled from the air
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Leaders are developed from people. Unless you have people,you cannot develop leaders. This is especially true of missions. There isconcern over the lack of leadership in missions, and yet missions need torecruit additional missionaries to have men to train for leadership.
For example, I am praying with a mission of 265 missionariesfor additional missionaries. There is a lack of missionaries to train asleaders. There are 171 mission opportunities listed by the mission. If each ofthe 265 missionaries would simply pray for and recruit one missionary over thenext two years, this would be 265 additional missionaries. If they prayed forand recruited two additional missionaries to work with them or another neededministry of the mission, this would be 530 additional missionaries! This would,therefore, allow more to be mentored and trained in servant leadership.
So, rather than moaning over lack of leadership, perhaps weshould concentrate on recruiting for the Great Commission, out of which newmissionaries would be trained for all aspects of ministry in evangelism,discipleship, development and leadership to the glory of God!
Leaders are developed from people. Unless you have people,you cannot develop leaders. This is especially true of missions. There isconcern over the lack of leadership in missions, and yet missions need torecruit additional missionaries to have men to train for leadership.
For example, I am praying with a mission of 265 missionariesfor additional missionaries. There is a lack of missionaries to train asleaders. There are 171 mission opportunities listed by the mission. If each ofthe 265 missionaries would simply pray for and recruit one missionary over thenext two years, this would be 265 additional missionaries. If they prayed forand recruited two additional missionaries to work with them or another neededministry of the mission, this would be 530 additional missionaries! This would,therefore, allow more to be mentored and trained in servant leadership.
So, rather than moaning over lack of leadership, perhaps weshould concentrate on recruiting for the Great Commission, out of which newmissionaries would be trained for all aspects of ministry in evangelism,discipleship, development and leadership to the glory of God!
Is the day of sending missionaries over?
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The answer to this question is, “Absolutely not!” There is an estimated 3 billion without a Christian nearbyto tell them the gospel. If you dividedthis 3 billion into groups of 5000, this would mean a need of 600,000 moremissionaries!
Even in a small mission like ACTION, working in twenty-sixcountries with only 265 missionaries, has need for many additionalmissionaries: ministry to Seafarers; workers on the streets taking the gospeland compassion to street children, prostitutes and other children in crisis;vocational instructors for street children and prisoners; teachers in schoolsfor missionary children; workers in prison; mentors for needy pastors; bookpublication and much more.
So, perhaps you would pray about possibility of taking thegospel to those who have never heard (or repeat it to those who have heard!).
The answer to this question is, “Absolutely not!” There is an estimated 3 billion without a Christian nearbyto tell them the gospel. If you dividedthis 3 billion into groups of 5000, this would mean a need of 600,000 moremissionaries!
Even in a small mission like ACTION, working in twenty-sixcountries with only 265 missionaries, has need for many additionalmissionaries: ministry to Seafarers; workers on the streets taking the gospeland compassion to street children, prostitutes and other children in crisis;vocational instructors for street children and prisoners; teachers in schoolsfor missionary children; workers in prison; mentors for needy pastors; bookpublication and much more.
So, perhaps you would pray about possibility of taking thegospel to those who have never heard (or repeat it to those who have heard!).
29 Eylül 2012 Cumartesi
A Handy Reminder Sheet Highlighting the Differences Between Smuggling and Trafficking
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http://www.unodc.org/unodc/en/human-trafficking/faqs-migrant-smuggling.html#Overlaps_and_differences
What is Migrant Smuggling?
What are the overlaps and differences between migrant smuggling and human trafficking?
What is the role of consent in migrant smuggling?
How widespread is migrant smuggling?
Which countries are affected by migrant smuggling?
Who are the smuggled migrants and who are migrant smugglers?
What is the role of transnational organised crime groups in migrant smuggling?
Is there a legal instrument to tackle migrant smuggling?
What is the status of people who have been smuggled in respect of the Migrant Smuggling Protocol?
What are the major challenges faced in the battle against migrant smuggling?
Do many smugglers get caught and convicted?
What Is Migrant Smuggling?
Article 3 of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (the Migrant Smuggling Protocol) defines migrant smuggling as:
"..the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national".
Article 6 of the Migrant Smuggling Protocol requires the criminalization of this conduct.
In addition, Art. 6 requires states to criminalize the following conduct:
"enabling a person to remain in a country where the person is not a legal resident or citizen without complying with requirements for legally remaining by illegal means" in order to obtain a financial or other material benefit.
To summarise, Art. 6 requires states to establish as an offence or as offences the following conducts:
the procurement of the illegal entry
+
of a person into a state party of which the person is not a national
+
in order to obtain, directly or indirectly, a financial or other material benefit
enabling a person to remain in a country
+
where the person is not a legal resident or citizen without complying with requirements for legally remaining
+
in order to obtain, directly or indirectly, a financial or other material benefit
In short, the combination of the following elements constitutes 'migrant smuggling and related conduct':
1. Either the procurement of an illegal entry or illegal residence of a person; and;
2. Into or in a country of which that person is not a national or permanent resident; and
3. For the purpose of financial or other material benefit.
Furthermore, Article 6 of the Migrant Smuggling Protocol requires states to criminalize producing, procuring, providing or possessing fraudulent travel or identity documents when done for the purpose of enabling smuggling of migrants.
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What Are The Overlaps And Differences Between Migrant Smuggling And Human Trafficking?
The distinctions between smuggling and trafficking are often very subtle and sometimes they overlap. Identifying whether a case is one of human trafficking or migrant smuggling and related crimes can be very difficult for a number of reasons:
Some trafficked persons might start their journey by agreeing to be smuggled into a country, but find themselves deceived, coerced or forced into an exploitative situation later in the process (for instance, being forced to work for extraordinary low wages to pay for their transportation).
Traffickers may present an 'opportunity' that sounds more like smuggling to potential victims. They could be asked to pay a fee in common with other people who are smuggled. However, the intention of the trafficker from the outset is the exploitation of the victim. The 'fee' was part of the fraud and deception and a way to make more money.
Smuggling may not be the planned intention at the outset but a 'too good to miss' opportunity to traffic people presents itself to the smugglers/traffickers at some point in the process.
Criminals may both smuggle and traffic people, employing the same routes and methods of transporting them.
In short, what begins as a situation of migrant smuggling may develop into a situation of human trafficking.
Simply put, there are four main technical differences between human trafficking and migrant smuggling.
Consent - migrant smuggling, while often undertaken in dangerous or degrading conditions, involves consent. Trafficking victims, on the other hand, have either never consented or if they initially consented, that consent has been rendered meaningless by the coercive, deceptive or abusive action of the traffickers.
Exploitation - migrant smuggling ends with the migrants' arrival at their destination, whereas trafficking involves the ongoing exploitation of the victim.
Transnationality - smuggling is always transnational, whereas trafficking may not be. Trafficking can occur regardless of whether victims are taken to another state or moved within a state's borders.
Source of profits - in smuggling cases profits are derived from the transportation of facilitation of the illegal entry or stay of a person into another county, while in trafficking cases profits are derived from exploitation.
To learn more about migrant smuggling, click here.
To learn more about human trafficking, click here.
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What Is The Role Of Consent In Migrant Smuggling?
Generally, smuggled migrants consent to being smuggled and provide those who smuggle them with a financial or material benefit in exchange for being smuggled. However, just because a person consents to being smuggled, does not necessarily mean that he or she consents to their treatment during the process of being smuggled or the conditions that they are made to endure. Smuggled migrants may retract their consent throughout the process of being smuggled upon discovering the nature of the process; they may still be forced to continue on with the journey. Smuggled migrants may fall victim to crimes by those who smuggle them, for instance, by violence being used or threatened against them or their families. Thousands of people have lost their lives as a result of the indifferent or even deliberate actions of migrant smugglers.
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How Widespread Is Migrant Smuggling?
It is difficult to assess the real size of migrant smuggling because it is a crime that takes place underground and is often not identified or is misidentified. Information currently available is too scattered and too incomplete to be able to show accurately the numbers of people smuggled each year and the routes and methods used by those who smuggle them. However, the evidence available reveals that criminals are increasingly providing smuggling services to irregular migrants. As border controls improve, more migrants are diverted into the hands of smugglers. Further, not all persons who migrate have the legal opportunities to do so; as more and more people seek to migrate in search of a better life for themselves and their families, sometimes fleeing lack of employment opportunities, sometimes fleeing extreme poverty, natural disaster or persecution, a demand is created for services to help them. Profit-seeking criminals take advantage of this.
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Which Countries Are Affected By Migrant Smuggling?
Virtually every country in the world is affected by the smuggling of migrants, either as a country origin, transit or destination for migrants smuggled by crimals. Migrant smuggling and the activities related to it not only cost many people their lives, but also generate enormous profits for the criminals involved, fuelling corruption and organized crime in the countries travelled from, through or to during the smuggling process.
Not only does the crime of migrant smuggling seek to circumvent the border controls that sovereign states have put in place, it also has a negative impact on communities in countries of origin, transit and destination. In countries of origin, migrants and their families are often pushed further into destitution by profit seeking smugglers who may or may not deliver the services they sell. Where families and communities pool their resources to facilitate the migration of a key income-earning family member, who does not successfully migrate - or does not return - the negative impact on them is immeasurable.
Smuggled migrants and those who smuggle them can remain for long periods of time in transit countries, often under conditions of extreme hardship. Smugglers may recruit actors for their criminal activities among local or migrant communities, spreading the criminal impact of their business along the routes they use. The strain placed on destination country resources in attempts to intercept and process situations of migrant smuggling is significant; where they are under-resourced to appropriately resond to smuggling situations the crime may continue unchecked. Destination country communities are also impacted, with criminals being fed with a new supply of extremely vulnerable people to exploit. In short, migrant smuggling affects countries of origin, transit and destination - and therefore requires the collaborative response of all.
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Who Are The Smuggled Migrants And Who Are Migrant Smugglers?
There may be a range of different actors performing a range of different roles in the smuggling process. Small-scale smugglers would generally not employ other actors in the process but arrange all aspects of the actual operation themselves. Within larger smuggling networks there will be a division of work among the actors involved. Often, those individuals at the top of migrant smuggling networks are the most difficult to identify and bring to justice. Unless their activites are stopped, migrant smuggling will continue.
It is also difficult to generalize about the people using the services of smugglers since their profile constantly evolves with changing circumstances. Smuggled migrants can be men, women and children. Some studies from different parts of the world have shown that the first migrants who are smuggled are young men. This is often due to the expectations placed on males to provide for their families; often such men will have to risk their own life in order for a chance to make remittances to send back home in support of those they leave behind. However, research has also revealed that there is a feminization of migration, with more women migrating than before.
Many smuggled migrants are escaping poverty, lack of opportunity, natural disaster or conflict. Others may be seeking asylum. Many smuggled migrants (though not necessarily all) are poor and uneducated. Others may be middle class people who are educated. Perhaps the only generalization that can be made about migrants who are smuggled is that they are all on a quest for a better life.
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What Is The Role Of Transnational Organised Crime Groups In Migrant Smuggling?
In the case of migrant smuggling, without some element of cross-border movement there is neither smuggling, nor migration. The definition of migrant smuggling provided in the Migrant Smuggling Protocol provides for a crime that by its nature involves transborder activity. However, according to the Protocol domestic offences should apply even where transnationality and the involvement of organized crime groups does not exist or cannot be proved. In other words, prosecutors should not be required to prove either transnionality nor organized crime in order to obtain a conviction of migrant smugglers.
As with other forms of organized crime, groups formerly active in specific routes or regions have expanded the geographical scope of their activities to explore new markets. Some have merged or formed cooperative relationships, expanding their geographical reach and range of criminal activities. For some crime groups, migrants are viewed simply as one of many commodities to be smuggled along with drugs and firearms for instance.
Since the smuggling of migrants is a highly profitable business with a relatively low risk of detection, the crime is becoming increasingly attractive to criminals. Smugglers of migrants are becoming more and more organized, establishing professional networks that transcend borders and regions.
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Is There A Legal Instrument To Tackle Migrant Smuggling?
The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (the Migrant Smuggling Protocol) supplementing the United Nations Convention against Transnational Organized Crime entered into force on 28 January 2004.
Article 2 of the Migrant Smuggling Protocol sets out the three basic purposes of the Protocol;
To prevent and combat the smuggling of migrants
To promote cooperation among States Parties to that end
To protect the rights of smuggled migrants
To learn more about the United Nations Convention on Transnational Organized Crime and its supplementary Protocols, click here.
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What Is The Status Of People Who Have Been Smuggled In Respect Of The Migrant Smuggling Protocol?
It must be stressed that the Migrant Smuggling Protocol is concerned with the smuggling of migrants, not migration itself. In this sense it is important to note that the Migrant Smuggling Protocol does not intend to criminalize family members or other groups who smuggle a person (or enable or facilitate their stay) for non-profit reasons. The Migrant Smuggling Protocol also in no way criminalizes the involvement of the migrants themselves for having being smuggled. Article 5 of the Protocol reads that 'Migrants shall not become liable to criminal prosecution under this Protocol for the fact of having been the object of conduct set forth in Article 6 of this Protocol'. In other words, a person cannot be charged with the crime of migrant smuggling, only for having been smuggled. However, as Article 6(4), explains, this does not mean that they cannot be prosecuted for having smuggled others or for the commission of any other offences against domestic law.
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What Are The Major Challenges Faced In The Battle Against Migrant Smuggling?
Migrant smuggling is a complex, ever-changing crime that takes different forms in different parts of the world. It is easily adaptable to shifting circumstances of supply and demand, as well as different criminal justice capacities in countries of origin, transit and destination. Despite the wide-spread nature of smuggling in migrants, the global efforts in curbing this phenonemon have largely focused on apprehending and deporting individual migrants with very little done to dismantle the organized crime behind this deadly business. Unless the organized crime groups who smuggle migrants are dismantled, migrant smugglers will continue to operate and quickly adapt their methdos and routes to changing circumstances such as improved border controls or changes in visa regimes. Similarly, where efforts are focused primarily on strengthening border controls, the effect is often to increase demand for smuggling services to enter countries illegally.
Tackling migrant smuggling necessitates a comprehensive, multi-dimensional response, which begins with addressing the socio-economic root causes of irregular migration to prevent it, and goes through to prosecution of criminals who commit smuggling-related crimes. From a UNODC perspective, the challenge is to dismantle the smuggling networks by strenghtening the criminal justice response, while protecting rights of smuggled migrants with strong multi-agency cooperation in all responses.
Read more about UNODC's response to migrant smuggling.
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Do Many Smugglers Get Caught And Convicted?
The absence or the inadequecy of legislation means that often migrant smugglers can continue their crime with little fear of being brought to justice. Only a limited number of governments have specific policies and mechanisms in place to address the crime. Lack of capacity to investigate and prosecute migrant smuggling means that criminal justice systems are often inadequate to meet the challenge of combating migrant smuggling. Beyond this, failure to secure smuggled migrants as witnesses to migrant smuggling crimes means that prosecutions are often difficult and opportunities to convict are missed. Key to combating migrant smuggling, is the need to increase international cooperation to ensure that actors in countries of origin, transit and destination work together to ensure that migrant smugglers do not have safe havens in the commission of their crime.
What is Migrant Smuggling?
What are the overlaps and differences between migrant smuggling and human trafficking?
What is the role of consent in migrant smuggling?
How widespread is migrant smuggling?
Which countries are affected by migrant smuggling?
Who are the smuggled migrants and who are migrant smugglers?
What is the role of transnational organised crime groups in migrant smuggling?
Is there a legal instrument to tackle migrant smuggling?
What is the status of people who have been smuggled in respect of the Migrant Smuggling Protocol?
What are the major challenges faced in the battle against migrant smuggling?
Do many smugglers get caught and convicted?
What Is Migrant Smuggling?
Article 3 of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (the Migrant Smuggling Protocol) defines migrant smuggling as:
"..the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national".
Article 6 of the Migrant Smuggling Protocol requires the criminalization of this conduct.
In addition, Art. 6 requires states to criminalize the following conduct:
"enabling a person to remain in a country where the person is not a legal resident or citizen without complying with requirements for legally remaining by illegal means" in order to obtain a financial or other material benefit.
To summarise, Art. 6 requires states to establish as an offence or as offences the following conducts:
the procurement of the illegal entry
+
of a person into a state party of which the person is not a national
+
in order to obtain, directly or indirectly, a financial or other material benefit
enabling a person to remain in a country
+
where the person is not a legal resident or citizen without complying with requirements for legally remaining
+
in order to obtain, directly or indirectly, a financial or other material benefit
In short, the combination of the following elements constitutes 'migrant smuggling and related conduct':
1. Either the procurement of an illegal entry or illegal residence of a person; and;
2. Into or in a country of which that person is not a national or permanent resident; and
3. For the purpose of financial or other material benefit.
Furthermore, Article 6 of the Migrant Smuggling Protocol requires states to criminalize producing, procuring, providing or possessing fraudulent travel or identity documents when done for the purpose of enabling smuggling of migrants.
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What Are The Overlaps And Differences Between Migrant Smuggling And Human Trafficking?
The distinctions between smuggling and trafficking are often very subtle and sometimes they overlap. Identifying whether a case is one of human trafficking or migrant smuggling and related crimes can be very difficult for a number of reasons:
Some trafficked persons might start their journey by agreeing to be smuggled into a country, but find themselves deceived, coerced or forced into an exploitative situation later in the process (for instance, being forced to work for extraordinary low wages to pay for their transportation).
Traffickers may present an 'opportunity' that sounds more like smuggling to potential victims. They could be asked to pay a fee in common with other people who are smuggled. However, the intention of the trafficker from the outset is the exploitation of the victim. The 'fee' was part of the fraud and deception and a way to make more money.
Smuggling may not be the planned intention at the outset but a 'too good to miss' opportunity to traffic people presents itself to the smugglers/traffickers at some point in the process.
Criminals may both smuggle and traffic people, employing the same routes and methods of transporting them.
In short, what begins as a situation of migrant smuggling may develop into a situation of human trafficking.
Simply put, there are four main technical differences between human trafficking and migrant smuggling.
Consent - migrant smuggling, while often undertaken in dangerous or degrading conditions, involves consent. Trafficking victims, on the other hand, have either never consented or if they initially consented, that consent has been rendered meaningless by the coercive, deceptive or abusive action of the traffickers.
Exploitation - migrant smuggling ends with the migrants' arrival at their destination, whereas trafficking involves the ongoing exploitation of the victim.
Transnationality - smuggling is always transnational, whereas trafficking may not be. Trafficking can occur regardless of whether victims are taken to another state or moved within a state's borders.
Source of profits - in smuggling cases profits are derived from the transportation of facilitation of the illegal entry or stay of a person into another county, while in trafficking cases profits are derived from exploitation.
To learn more about migrant smuggling, click here.
To learn more about human trafficking, click here.
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What Is The Role Of Consent In Migrant Smuggling?
Generally, smuggled migrants consent to being smuggled and provide those who smuggle them with a financial or material benefit in exchange for being smuggled. However, just because a person consents to being smuggled, does not necessarily mean that he or she consents to their treatment during the process of being smuggled or the conditions that they are made to endure. Smuggled migrants may retract their consent throughout the process of being smuggled upon discovering the nature of the process; they may still be forced to continue on with the journey. Smuggled migrants may fall victim to crimes by those who smuggle them, for instance, by violence being used or threatened against them or their families. Thousands of people have lost their lives as a result of the indifferent or even deliberate actions of migrant smugglers.
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How Widespread Is Migrant Smuggling?
It is difficult to assess the real size of migrant smuggling because it is a crime that takes place underground and is often not identified or is misidentified. Information currently available is too scattered and too incomplete to be able to show accurately the numbers of people smuggled each year and the routes and methods used by those who smuggle them. However, the evidence available reveals that criminals are increasingly providing smuggling services to irregular migrants. As border controls improve, more migrants are diverted into the hands of smugglers. Further, not all persons who migrate have the legal opportunities to do so; as more and more people seek to migrate in search of a better life for themselves and their families, sometimes fleeing lack of employment opportunities, sometimes fleeing extreme poverty, natural disaster or persecution, a demand is created for services to help them. Profit-seeking criminals take advantage of this.
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Which Countries Are Affected By Migrant Smuggling?
Virtually every country in the world is affected by the smuggling of migrants, either as a country origin, transit or destination for migrants smuggled by crimals. Migrant smuggling and the activities related to it not only cost many people their lives, but also generate enormous profits for the criminals involved, fuelling corruption and organized crime in the countries travelled from, through or to during the smuggling process.
Not only does the crime of migrant smuggling seek to circumvent the border controls that sovereign states have put in place, it also has a negative impact on communities in countries of origin, transit and destination. In countries of origin, migrants and their families are often pushed further into destitution by profit seeking smugglers who may or may not deliver the services they sell. Where families and communities pool their resources to facilitate the migration of a key income-earning family member, who does not successfully migrate - or does not return - the negative impact on them is immeasurable.
Smuggled migrants and those who smuggle them can remain for long periods of time in transit countries, often under conditions of extreme hardship. Smugglers may recruit actors for their criminal activities among local or migrant communities, spreading the criminal impact of their business along the routes they use. The strain placed on destination country resources in attempts to intercept and process situations of migrant smuggling is significant; where they are under-resourced to appropriately resond to smuggling situations the crime may continue unchecked. Destination country communities are also impacted, with criminals being fed with a new supply of extremely vulnerable people to exploit. In short, migrant smuggling affects countries of origin, transit and destination - and therefore requires the collaborative response of all.
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Who Are The Smuggled Migrants And Who Are Migrant Smugglers?
There may be a range of different actors performing a range of different roles in the smuggling process. Small-scale smugglers would generally not employ other actors in the process but arrange all aspects of the actual operation themselves. Within larger smuggling networks there will be a division of work among the actors involved. Often, those individuals at the top of migrant smuggling networks are the most difficult to identify and bring to justice. Unless their activites are stopped, migrant smuggling will continue.
It is also difficult to generalize about the people using the services of smugglers since their profile constantly evolves with changing circumstances. Smuggled migrants can be men, women and children. Some studies from different parts of the world have shown that the first migrants who are smuggled are young men. This is often due to the expectations placed on males to provide for their families; often such men will have to risk their own life in order for a chance to make remittances to send back home in support of those they leave behind. However, research has also revealed that there is a feminization of migration, with more women migrating than before.
Many smuggled migrants are escaping poverty, lack of opportunity, natural disaster or conflict. Others may be seeking asylum. Many smuggled migrants (though not necessarily all) are poor and uneducated. Others may be middle class people who are educated. Perhaps the only generalization that can be made about migrants who are smuggled is that they are all on a quest for a better life.
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What Is The Role Of Transnational Organised Crime Groups In Migrant Smuggling?
In the case of migrant smuggling, without some element of cross-border movement there is neither smuggling, nor migration. The definition of migrant smuggling provided in the Migrant Smuggling Protocol provides for a crime that by its nature involves transborder activity. However, according to the Protocol domestic offences should apply even where transnationality and the involvement of organized crime groups does not exist or cannot be proved. In other words, prosecutors should not be required to prove either transnionality nor organized crime in order to obtain a conviction of migrant smugglers.
As with other forms of organized crime, groups formerly active in specific routes or regions have expanded the geographical scope of their activities to explore new markets. Some have merged or formed cooperative relationships, expanding their geographical reach and range of criminal activities. For some crime groups, migrants are viewed simply as one of many commodities to be smuggled along with drugs and firearms for instance.
Since the smuggling of migrants is a highly profitable business with a relatively low risk of detection, the crime is becoming increasingly attractive to criminals. Smugglers of migrants are becoming more and more organized, establishing professional networks that transcend borders and regions.
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Is There A Legal Instrument To Tackle Migrant Smuggling?
The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (the Migrant Smuggling Protocol) supplementing the United Nations Convention against Transnational Organized Crime entered into force on 28 January 2004.
Article 2 of the Migrant Smuggling Protocol sets out the three basic purposes of the Protocol;
To prevent and combat the smuggling of migrants
To promote cooperation among States Parties to that end
To protect the rights of smuggled migrants
To learn more about the United Nations Convention on Transnational Organized Crime and its supplementary Protocols, click here.
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What Is The Status Of People Who Have Been Smuggled In Respect Of The Migrant Smuggling Protocol?
It must be stressed that the Migrant Smuggling Protocol is concerned with the smuggling of migrants, not migration itself. In this sense it is important to note that the Migrant Smuggling Protocol does not intend to criminalize family members or other groups who smuggle a person (or enable or facilitate their stay) for non-profit reasons. The Migrant Smuggling Protocol also in no way criminalizes the involvement of the migrants themselves for having being smuggled. Article 5 of the Protocol reads that 'Migrants shall not become liable to criminal prosecution under this Protocol for the fact of having been the object of conduct set forth in Article 6 of this Protocol'. In other words, a person cannot be charged with the crime of migrant smuggling, only for having been smuggled. However, as Article 6(4), explains, this does not mean that they cannot be prosecuted for having smuggled others or for the commission of any other offences against domestic law.
Top of Page
What Are The Major Challenges Faced In The Battle Against Migrant Smuggling?
Migrant smuggling is a complex, ever-changing crime that takes different forms in different parts of the world. It is easily adaptable to shifting circumstances of supply and demand, as well as different criminal justice capacities in countries of origin, transit and destination. Despite the wide-spread nature of smuggling in migrants, the global efforts in curbing this phenonemon have largely focused on apprehending and deporting individual migrants with very little done to dismantle the organized crime behind this deadly business. Unless the organized crime groups who smuggle migrants are dismantled, migrant smugglers will continue to operate and quickly adapt their methdos and routes to changing circumstances such as improved border controls or changes in visa regimes. Similarly, where efforts are focused primarily on strengthening border controls, the effect is often to increase demand for smuggling services to enter countries illegally.
Tackling migrant smuggling necessitates a comprehensive, multi-dimensional response, which begins with addressing the socio-economic root causes of irregular migration to prevent it, and goes through to prosecution of criminals who commit smuggling-related crimes. From a UNODC perspective, the challenge is to dismantle the smuggling networks by strenghtening the criminal justice response, while protecting rights of smuggled migrants with strong multi-agency cooperation in all responses.
Read more about UNODC's response to migrant smuggling.
Top of Page
Do Many Smugglers Get Caught And Convicted?
The absence or the inadequecy of legislation means that often migrant smugglers can continue their crime with little fear of being brought to justice. Only a limited number of governments have specific policies and mechanisms in place to address the crime. Lack of capacity to investigate and prosecute migrant smuggling means that criminal justice systems are often inadequate to meet the challenge of combating migrant smuggling. Beyond this, failure to secure smuggled migrants as witnesses to migrant smuggling crimes means that prosecutions are often difficult and opportunities to convict are missed. Key to combating migrant smuggling, is the need to increase international cooperation to ensure that actors in countries of origin, transit and destination work together to ensure that migrant smugglers do not have safe havens in the commission of their crime.
Ending Demand Won't Stop Prostitution
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OPINION
A Misguided Moral Crusade
By NOY THRUPKAEW
Published: September 22, 2012
http://www.nytimes.com/2012/09/23/opinion/sunday/ending-demand-wont-stop-prostitution.html?pagewanted=2&tntemail1=y&emc=tnt
BEATEN. Burned. Branded with a bar code or with a pimp’s name carved into her thigh. Thrown into the trunk of a car for punishment. Forced to provide sexual services for countless callous and violent men. This is the dominant image of young people in the sex trade, and it is fueling deeply flawed campaigns against prostitution.
Galvanized by public outrage and advocacy groups, policy makers have started to push to eradicate all prostitution, not just the trafficking of children into the sex trade. Under the catchphrase “no demand, no supply,” they advocate increasing criminal penalties against men who buy sex — a move they believe will upend the market that fuels prostitution and sex trafficking.
These tactics have gained significant momentum, prompting an initiative by the National Association of Attorneys General, law-enforcement stings and sweeps across the country, and even attempts to prosecute clients as traffickers. The problem is that the “end demand” campaign will harm trafficking victims and sex workers more than it helps them.
In a ballroom at Boston’s upscale Westin Copley Place Hotel this spring, more than 250 law-enforcement officers, advocates and survivors of the sex trade, sat riveted, some openly weeping, as they watched a video of a young woman in a dreary motel room, taking her clothes off, telling her grim life story to one uncaring, unhearing man after another. The videos’s final message: If men didn’t buy her, pimps couldn’t sell her.
For these modern-day abolitionists, ending all prostitution is the only solution. As Lina Nealon, director of Demand Abolition, told the gathered participants through tears, “Because of the work you are doing, my 2-year-old daughter and my soon-to-be-born daughter will find the idea of buying people for sex as incomprehensible as separate water fountains are to me.”
End-demand advocates’ prototypical victim — an abused teenage girl raised in the blight of the inner city and forced into the sex trade by an older man — does exist. But they disregard the fact that individuals, including boys, men and transgender people, enter the sex trade for a variety of reasons. The pimped girl who has inflamed the public’s imagination needs government services and protection, not to be made into a symbolic figure in an ideological battle to eradicate the entire sex industry, which, like many other sectors, includes adults laboring in conditions ranging from upscale to exploitative, from freely chosen to forced.
Unfortunately, despite their righteous anger, the end-demand crowd is quick to dismiss what many sex workers actually have to say. Some activists have gone so far as to brand those who criticize their campaign as “house slaves” unable to recognize their own oppression.
The end-demand crusade is premised on the idea that all prostitution is inherently exploitative. Some end-demand advocates came to their position from their work against pornography in the 1980s; others worked with a coalition of conservatives and evangelical Christians during George W. Bush’s presidency to abolish prostitution. Not surprisingly, these abolitionists ignore the legal distinctions between prostitution and human trafficking. Federal law states that trafficking for forced prostitution occurs only when a commercial sex act is induced through force, fraud or coercion, or when the person induced to perform it is under 18. Indeed, not all prostitution is trafficking, and not all trafficking — as those exploited and sexually assaulted in homes, fields and factories across our nation know too well — is prostitution.
Although it emerged out of anti-trafficking rhetoric, the end-demand campaign is actually a movement to change prostitution policy from our current legal framework — the criminalization of both buying and selling sex — to the “Swedish model,” in which selling sex is not illegal, but buying sex is a criminal offense. (Two other models exist: full legalization with government regulation and registration of sex workers, as in the Netherlands, and full decriminalization of both buying and selling sex with minimal state oversight, as in New Zealand.)
Based on an appealing, proactive vision of gender justice, the Swedish model has caught on in Iceland and Norway — even though it hasn’t panned out as planned in Sweden, where street-level prostitution dropped temporarily after the law took effect in 1999, only to climb again. Sweden’s sex workers say they are forced to rush negotiations and have to rely more on intermediaries to access wary clients. Prostitution hasn’t gone away; it’s simply gone underground.
Translating Swedish laws into an American context presents even more problems. America lacks the extensive services of Sweden’s social welfare state, which are vital to anyone leaving the sex trade. And American politicians don’t want to be seen as soft on crime or morally lax, making it unlikely that selling sex could ever be decriminalized here.
In this environment, any uptick in law-enforcement actions aimed at buyers inevitably results in increased criminalization of those selling sex. New York City’s “Operation Losing Proposition” earlier this year resulted in nearly 200 arrests; the operation allegedly targeted the demand side of prostitution, but it netted 10 individuals who sell sex as well. Attempting to implement the Swedish law in our punitive environment would most likely mean the criminalization of even more of those it’s intended to help — without a Scandinavian-style safety net for those leaving the life.
“You will see that in any country, when you criminalize both parts, the police go for the women,” said Kasja Wahlberg, a Swedish detective and the country’s rapporteur on human trafficking. According to Meagan Morris, a Colorado researcher who has studied law-enforcement approaches to prostitution, even so-called “victim-centered” approaches disproportionately hurt women, leaving them more vulnerable to trafficking and exploitation because they have criminal records, which limit their access to affordable housing and sustainable-wage jobs.
End-demand strategies could also lead to more pressure on sex workers from pimps and traffickers. “Pimps don’t accept the rationale that there’s a new law and fewer johns now,” said Paul Holmes, a counter-trafficking expert and former Scotland Yard official. “So if a girl is working 16 hours, she’ll have to work 20, and under more brutality. You’ll also drive the trade underground, which makes it more dangerous for them and more difficult for us.”
However well-intentioned law-enforcement strategies might be, they have been engineered with little attention to the wants and needs of sex workers — and to the violence many of them have faced from government employees.
A study in Illinois found that police account for 30 percent of all reported abuse, compared with just 4 percent arising from pimps. According to one young person cited in the Young Women’s Empowerment Project’s study: “I was going to meet a new john. It turned out to be a sting set up by the cops. He got violent with me, handcuffed me and then raped me. He cleaned me up for the police station, and I got sentenced to four months in jail for prostitution.”
In New York, a woman who was trafficked into the sex trade as a minor told me sometimes “the cops are the ones abusing you, taking your money, beating you up” and they offer no help “even if I get raped” by a john. “I’ve had to provide services more than once in exchange for not being arrested,” she added. “Who is really going to hold them accountable?”
THE best law-enforcement strategy to prevent trafficking into forced prostitution is not an end-demand campaign that harms current sex workers. What’s needed instead is a commitment to seriously investigate and prosecute traffickers and impose harsh punishment on those who rape and assault sex workers. Police departments also need public ombudsmen, tough internal-affairs bureaus and vigorous monitoring to combat corruption and abuse. If those in the sex trade felt comfortable reporting rape to the police rather than running from them, police departments would have a much easier time discovering cases of trafficking.
But law enforcement is only one part of the solution. Many young people living on the streets turn to “survival sex” in exchange for food or shelter — and many do so without an intermediary. “I ran away from all the drug activity at home at 11,” one woman in Chicago told me. “I had to do it just to have somewhere to sleep, something to eat.”
Nearly 90 percent of the minors profiled in a John Jay College study indicated they wanted to leave “the life” — but cited access to stable housing as one of the biggest obstacles. In New York City alone, almost 4,000 homeless youths lack stable housing, yet there are barely more than 100 long-term shelter beds to serve them.
Starting in 2008, staff members at the Queens County AIDS Center could barely get the door open on cold days: the office was packed with young people sleeping on the floor. One of them was Donna, a transgender 25-year-old who started selling sex at 13 after running away from abusive foster and group homes.
For people like Donna, ending demand for prostitution is not the answer; satisfying the demand for basic social services is. Shelter, job opportunities and a responsive and sensitive law-enforcement system are vital to those who want to leave the trade. “People call you a survivor after you leave the life,” Donna told me. “But I was a survivor when I was in it.” She added: “I didn’t really like prostituting. But then, I had no other way out.”
OPINION
A Misguided Moral Crusade
By NOY THRUPKAEW
Published: September 22, 2012
http://www.nytimes.com/2012/09/23/opinion/sunday/ending-demand-wont-stop-prostitution.html?pagewanted=2&tntemail1=y&emc=tnt
BEATEN. Burned. Branded with a bar code or with a pimp’s name carved into her thigh. Thrown into the trunk of a car for punishment. Forced to provide sexual services for countless callous and violent men. This is the dominant image of young people in the sex trade, and it is fueling deeply flawed campaigns against prostitution.
Galvanized by public outrage and advocacy groups, policy makers have started to push to eradicate all prostitution, not just the trafficking of children into the sex trade. Under the catchphrase “no demand, no supply,” they advocate increasing criminal penalties against men who buy sex — a move they believe will upend the market that fuels prostitution and sex trafficking.
These tactics have gained significant momentum, prompting an initiative by the National Association of Attorneys General, law-enforcement stings and sweeps across the country, and even attempts to prosecute clients as traffickers. The problem is that the “end demand” campaign will harm trafficking victims and sex workers more than it helps them.
In a ballroom at Boston’s upscale Westin Copley Place Hotel this spring, more than 250 law-enforcement officers, advocates and survivors of the sex trade, sat riveted, some openly weeping, as they watched a video of a young woman in a dreary motel room, taking her clothes off, telling her grim life story to one uncaring, unhearing man after another. The videos’s final message: If men didn’t buy her, pimps couldn’t sell her.
For these modern-day abolitionists, ending all prostitution is the only solution. As Lina Nealon, director of Demand Abolition, told the gathered participants through tears, “Because of the work you are doing, my 2-year-old daughter and my soon-to-be-born daughter will find the idea of buying people for sex as incomprehensible as separate water fountains are to me.”
End-demand advocates’ prototypical victim — an abused teenage girl raised in the blight of the inner city and forced into the sex trade by an older man — does exist. But they disregard the fact that individuals, including boys, men and transgender people, enter the sex trade for a variety of reasons. The pimped girl who has inflamed the public’s imagination needs government services and protection, not to be made into a symbolic figure in an ideological battle to eradicate the entire sex industry, which, like many other sectors, includes adults laboring in conditions ranging from upscale to exploitative, from freely chosen to forced.
Unfortunately, despite their righteous anger, the end-demand crowd is quick to dismiss what many sex workers actually have to say. Some activists have gone so far as to brand those who criticize their campaign as “house slaves” unable to recognize their own oppression.
The end-demand crusade is premised on the idea that all prostitution is inherently exploitative. Some end-demand advocates came to their position from their work against pornography in the 1980s; others worked with a coalition of conservatives and evangelical Christians during George W. Bush’s presidency to abolish prostitution. Not surprisingly, these abolitionists ignore the legal distinctions between prostitution and human trafficking. Federal law states that trafficking for forced prostitution occurs only when a commercial sex act is induced through force, fraud or coercion, or when the person induced to perform it is under 18. Indeed, not all prostitution is trafficking, and not all trafficking — as those exploited and sexually assaulted in homes, fields and factories across our nation know too well — is prostitution.
Although it emerged out of anti-trafficking rhetoric, the end-demand campaign is actually a movement to change prostitution policy from our current legal framework — the criminalization of both buying and selling sex — to the “Swedish model,” in which selling sex is not illegal, but buying sex is a criminal offense. (Two other models exist: full legalization with government regulation and registration of sex workers, as in the Netherlands, and full decriminalization of both buying and selling sex with minimal state oversight, as in New Zealand.)
Based on an appealing, proactive vision of gender justice, the Swedish model has caught on in Iceland and Norway — even though it hasn’t panned out as planned in Sweden, where street-level prostitution dropped temporarily after the law took effect in 1999, only to climb again. Sweden’s sex workers say they are forced to rush negotiations and have to rely more on intermediaries to access wary clients. Prostitution hasn’t gone away; it’s simply gone underground.
Translating Swedish laws into an American context presents even more problems. America lacks the extensive services of Sweden’s social welfare state, which are vital to anyone leaving the sex trade. And American politicians don’t want to be seen as soft on crime or morally lax, making it unlikely that selling sex could ever be decriminalized here.
In this environment, any uptick in law-enforcement actions aimed at buyers inevitably results in increased criminalization of those selling sex. New York City’s “Operation Losing Proposition” earlier this year resulted in nearly 200 arrests; the operation allegedly targeted the demand side of prostitution, but it netted 10 individuals who sell sex as well. Attempting to implement the Swedish law in our punitive environment would most likely mean the criminalization of even more of those it’s intended to help — without a Scandinavian-style safety net for those leaving the life.
“You will see that in any country, when you criminalize both parts, the police go for the women,” said Kasja Wahlberg, a Swedish detective and the country’s rapporteur on human trafficking. According to Meagan Morris, a Colorado researcher who has studied law-enforcement approaches to prostitution, even so-called “victim-centered” approaches disproportionately hurt women, leaving them more vulnerable to trafficking and exploitation because they have criminal records, which limit their access to affordable housing and sustainable-wage jobs.
End-demand strategies could also lead to more pressure on sex workers from pimps and traffickers. “Pimps don’t accept the rationale that there’s a new law and fewer johns now,” said Paul Holmes, a counter-trafficking expert and former Scotland Yard official. “So if a girl is working 16 hours, she’ll have to work 20, and under more brutality. You’ll also drive the trade underground, which makes it more dangerous for them and more difficult for us.”
However well-intentioned law-enforcement strategies might be, they have been engineered with little attention to the wants and needs of sex workers — and to the violence many of them have faced from government employees.
A study in Illinois found that police account for 30 percent of all reported abuse, compared with just 4 percent arising from pimps. According to one young person cited in the Young Women’s Empowerment Project’s study: “I was going to meet a new john. It turned out to be a sting set up by the cops. He got violent with me, handcuffed me and then raped me. He cleaned me up for the police station, and I got sentenced to four months in jail for prostitution.”
In New York, a woman who was trafficked into the sex trade as a minor told me sometimes “the cops are the ones abusing you, taking your money, beating you up” and they offer no help “even if I get raped” by a john. “I’ve had to provide services more than once in exchange for not being arrested,” she added. “Who is really going to hold them accountable?”
THE best law-enforcement strategy to prevent trafficking into forced prostitution is not an end-demand campaign that harms current sex workers. What’s needed instead is a commitment to seriously investigate and prosecute traffickers and impose harsh punishment on those who rape and assault sex workers. Police departments also need public ombudsmen, tough internal-affairs bureaus and vigorous monitoring to combat corruption and abuse. If those in the sex trade felt comfortable reporting rape to the police rather than running from them, police departments would have a much easier time discovering cases of trafficking.
But law enforcement is only one part of the solution. Many young people living on the streets turn to “survival sex” in exchange for food or shelter — and many do so without an intermediary. “I ran away from all the drug activity at home at 11,” one woman in Chicago told me. “I had to do it just to have somewhere to sleep, something to eat.”
Nearly 90 percent of the minors profiled in a John Jay College study indicated they wanted to leave “the life” — but cited access to stable housing as one of the biggest obstacles. In New York City alone, almost 4,000 homeless youths lack stable housing, yet there are barely more than 100 long-term shelter beds to serve them.
Starting in 2008, staff members at the Queens County AIDS Center could barely get the door open on cold days: the office was packed with young people sleeping on the floor. One of them was Donna, a transgender 25-year-old who started selling sex at 13 after running away from abusive foster and group homes.
For people like Donna, ending demand for prostitution is not the answer; satisfying the demand for basic social services is. Shelter, job opportunities and a responsive and sensitive law-enforcement system are vital to those who want to leave the trade. “People call you a survivor after you leave the life,” Donna told me. “But I was a survivor when I was in it.” She added: “I didn’t really like prostituting. But then, I had no other way out.”
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