Amnesty, human rights and the criminalisation of sex work

A controversy involving a bill before the Scottish Parliament and a rogue submission by its Paisley Branch has forced Amnesty to clarify its position on the criminalisation of sex work.

There's a bill up for consideration in Scotland to criminalise the purchase of sex. It's part of an international wave of laws that purport to "help" people in the sex trade by arresting their source of income - their customers. Rhoda Grant MSP has now released the results of her public consultation on the bill, including mentions of Amnesty International. Only: Amnesty International hasn't taken any position on the bill, and in fact has demanded their name be withdrawn. They don't want to be associated with a law that stands to do great harm to sex workers.

These kinds of laws, variously called the “Nordic model” or “end demand”, claim that by arresting and prosecuting men who hire sex workers, they are taking a more woman-friendly or even feminist approach to sex work. In truth, using the police in this way creates fear and a greater potential for violence for sex workers: customers are reluctant to participate in negotiations around fees and safer sex, for fear of risking arrest, and sex workers find their power on the job even further curtailed. Never mind that the enforcers of “end demand” are the police, who sex workers the world over report present are a far greater threat of violence to them than customers. These laws pass because lawmakers ignore sex workers. Rhoda Grant's bill is following the same pattern.

This controversy over Amnesty's supposed endorsement, while upsetting to sex workers and advocates when first discovered, is actually an opportunity to question this entire bill's premise. The endorsement, which was submitted by a local chapter of Amnesty International called Paisley Branch, is careful to state it "does not reflect the policy of Amnesty UK", though its appearance in Grant's consultation summary is hard not to read as an Amnesty International endorsement. This Amnesty chapter has in fact defied Amnesty International in supporting Grant's bill, which senior staff at Amnesty must now publicly resolve or risk being misunderstood as supporting such a criminalisation of sex workers.

First, they've had to explain how this chapter has gone rogue. "Every group has to work within Amnesty's policy," explains Marianne Mollmann, a senior policy advisor with Amnesty International's headquarters in London. "I work for the International Secretariat, who has asked Amnesty UK to demand this group withdraw their support."

In an email written for Amnesty UK, Mollmann went further:

…though we do not take a detailed position or engage in campaigning on this issue, any public stance would, at a minimum, have to be in line with international human rights standards. In this case, this means:

1. No criminalisation of the sex worker herself or himself.

2. No criminalisation of consensual sex between adults.

3. No conflating trafficking and sex work (trafficking has a very specific definition in international law, which does not equal sex work).

Prior to this directive, Amnesty UK contacted the Paisley Branch, asking them to withdraw the submission, or, if they wished, to resubmit it with all reference to Amnesty removed. The Paisley Branch responded that they refused to withdraw support for the sex work criminalisation bill.

Since, Amnesty has also instructed the bill's originators in the Scottish parliament that the Paisley Branch's submission is not representative, eroding any appearance of a respected human rights organisation signing on to such a dangerous bill. "To reduce any scope for confusion, our office in Scotland has reiterated to Rhoda Grant's office and the Scottish Parliament Bill's Office that the submission does not reflect the views of Amnesty International and should in no way be interpreted as representative of the position of the organisation," says Amnesty UK's head of nations and regions Patrick Corrigan.

On Twitter, Amnesty UK and Amnesty Scotland also distanced themselves from the anti-sex work submission and clarified their position:


The Paisley Branch submission has since been amended on both the Scottish Parliament website (pdf) and Rhoda Grant's website (pdf).

While initially going rogue from Amnesty – and refusing to withdraw an anti-sex work position when instructed to do so by Amnesty UK – the Paisley Branch's endorsement of the sex work criminalisation bill also reveals a dangerous attitude at the heart of these “end demand” policies: when sex workers come forward to tell the public about their experiences in sex work, they ought not to be believed.

The Paisley Branch submission states:

One of our members works in a prison with women offenders, and she relates to a conversation she had with a young woman who had experienced prostitution of her own volition. The young woman was adamant that she was not a victim and that it had been her choice. Without wishing to patronise her in any way, her forearms were covered in so many scars it was impossible to see any unmarked flesh. To those of us who have been fortunate to have had a (fairly) stable childhood, where abuse has not damaged our understanding of bodily boundaries, her defence of ‘not being a victim’ has a hollow ring.

This is the only testimony from a sex worker cited in the Paisley Branch submission.

Sex workers and allied activists in Scotland and the UK have expressed much outrage at this justification, which – in a consultation process attempting to really understand what will happen when sex workers' customers are made criminals – appears to absolve anyone from actually speaking to sex workers, as they – like the Paisley Branch – have already decided what sex workers mean and what sex workers need. This should be an outrage to anyone who upholds women's rights and human rights.

"Amnesty International Paisley Branch robbed this young woman of her agency, re-invented her experience of her life and started shouting on her behalf over her head," wrote Jewel, a private companion in Edinburgh. "Organisations that care about human rights," wrote Jem, a sex worker rights advocate in the UK, "understand that sex workers deserve equal protection under the law, and that stigma prevents them being treated equally." Molly, a sex worker in Glasgow working with the Sex Workers' Open University, observes of the Paisley Branch: "Using a woman’s appearance to discredit what she’s telling you about her own life is totally a feminist act, because reasons."

The Paisley Branch's support of Rhoda Grant's bill departs even further from recognisable human rights advocacy. They recommend that, as a deterrent, men who buy sex should be "subject to notification requirements under the Sex Offences Act" (a sex offender registry, of the type for which Human Rights Watch has urged reform). They also urge public shaming of men who buy sex: "Most men who choose to behave in this way, do so because they can. If they knew their families, friends and work colleagues could find out what they were doing, we believe that would be sufficient deterrent."

Not only is Amnesty International Paisley Branch's actions out of line with Amnesty International, they're out of step with human rights organisations globally, who are coming around in what looks like quick succession to support sex workers' rights and to oppose criminalisation.

"Human Rights Watch has concluded that ending the criminalisation of sex work is critical to achieving public health and human rights goals," they stated in a report published with the Journal of the International AIDS Society this May. United Nations Special Rapporteur on extreme poverty and human rights Magdalena Sepúlveda Carmona recently recommended that criminal provisions related to sex work be repealed during a mission to Namibia. She joins several other UN and UN-affiliated bodies – including UNAIDS  and the Global Commission on HIV and the Law – who urge lawmakers to end the criminalisation of sex work.

We still must ask, how does this “end demand” approach have any influence at all? "This is like any issue that has to do with non-reproductive sex," said Amnesty's Marianne Mollman. "And it's also like abortion: people get uncomfortable. But as far as human rights are concerned, the harm reduction-based groups are on-board. That's the direction governments will go: with the evidence."

What Amnesty International Paisley Branch have done – perhaps entirely despite themselves – is to push Amnesty International to state their opposition to the criminalisation of sex workers and of adult consensual sex more clearly. It should be understood as a loss for the Rhoda Grants of this world, who continue to claim despite evidence to the contrary that it's of benefit to sex workers to use law enforcement to regulate their work, and who ally themselves with those who are happy to speak for – and contradict – sex workers.

So here's to you, Paisley Branch, on behalf of sex workers in Scotland and around the world, who can absolutely speak for themselves, and who can now claim Amnesty International in their corner.

You can read an article by Rhoda Grant MSP, making the case for the Criminalisation of the Purchase of Sex Bill here

Editor's note: This article originally stated that the Paisley Branch submission remained unchanged on the Scottish Parliament and Rhoda Grant MSP's websites. This was incorrect, and has been amended.

A couple wrapped in the Scottish flag look down on the Scottish Parliament. Photograph: Getty Images
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The government needs more on airports than just Chris Grayling's hunch

This disastrous plan to expand Heathrow will fail, vows Tom Brake. 

I ought to stop being surprised by Theresa May’s decision making. After all, in her short time as Prime Minister she has made a series of terrible decisions. First, we had Chief Buffoon, Boris Johnson appointed as Foreign Secretary to represent the United Kingdom around the world. Then May, announced full steam ahead with the most extreme version of Brexit, causing mass economic uncertainty before we’ve even begun negotiations with the EU. And now we have the announcement that expansion of Heathrow Airport, in the form of a third runway, will go ahead: a colossally expensive, environmentally disastrous, and ill-advised decision.

In the House of Commons on Tuesday, I asked Transport Secretary Chris Grayling why the government is “disregarding widespread hostility and bulldozing through a third runway, which will inflict crippling noise, significant climate change effects, health-damaging air pollution and catastrophic congestion on a million Londoners.” His response was nothing more than “because we don’t believe it’s going to do those things.”

I find this astonishing. It appears that the government is proceeding with a multi-billion pound project with Grayling’s beliefs as evidence. Why does the government believe that a country of our size should focus on one major airport in an already overcrowded South East? Germany has multiple major airports, Spain three, the French, Italians, and Japanese have at least two. And I find it astonishing that the government is paying such little heed to our legal and moral environmental obligations.

One of my first acts as an MP nineteen years ago was to set out the Liberal Democrat opposition to the expansion of Heathrow or any airport in southeast England. The United Kingdom has a huge imbalance between the London and the South East, and the rest of the country. This imbalance is a serious issue which our government must get to work remedying. Unfortunately, the expansion of Heathrow does just the opposite - it further concentrates government spending and private investment on this overcrowded corner of the country.

Transport for London estimates that to make the necessary upgrades to transport links around Heathrow will be £10-£20 billion pounds. Heathrow airport is reportedly willing to pay only £1billion of those costs. Without upgrades to the Tube and rail links, the impact on London’s already clogged roads will be substantial. Any diversion of investment from improving TfL’s wider network to lines serving Heathrow would be catastrophic for the capital. And it will not be welcomed by Londoners who already face a daily ordeal of crowded tubes and traffic-delayed buses. In the unlikely event that the government agrees to fund this shortfall, this would be salt in the wound for the South-West, the North, and other parts of the country already deprived of funding for improved rail and road links.

Increased congestion in the capital will not only raise the collective blood pressure of Londoners, but will have severe detrimental effects on our already dire levels of air pollution. During each of the last ten years, air pollution levels have been breached at multiple sites around Heathrow. While a large proportion of this air pollution is caused by surface transport serving Heathrow, a third more planes arriving and departing adds yet more particulates to the air. Even without expansion, it is imperative that we work out how to clean this toxic air. Barrelling ahead without doing so is irresponsible, doing nothing but harm our planet and shorten the lives of those living in west London.

We need an innovative, forward-looking strategy. We need to make transferring to a train to Cardiff after a flight from Dubai as straightforward and simple as transferring to another flight is now. We need to invest in better rail links so travelling by train to the centre of Glasgow or Edinburgh is quicker than flying. Expanding Heathrow means missing our climate change targets is a certainty; it makes life a misery for those who live around the airport and it diverts precious Government spending from other more worthy projects.

The Prime Minister would be wise to heed her own advice to the 2008 government and “recognise widespread hostility to Heathrow expansion.” The decision to build a third runway at Heathrow is the wrong one and if she refuses to U-turn she will soon discover the true extent of the opposition to these plans.

Tom Brake is the Liberal Democrat MP for Carshalton & Wallington.