Oireachtas Joint and Select Committees

Wednesday, 12 December 2012

Joint Oireachtas Committee on Justice, Defence and Equality

Review of Legislation on Prostitution: Discussion

4:20 pm

Ms Jennifer DeWan:

I thank the Chairman and committee for inviting us today. We welcome the review process and the opportunity for organisations and individuals to have a say in the development of new legislation that reflects the changing nature of prostitution.

Nasc, the Irish Immigrant Support Centre, is a non-governmental organisation working for an integrated society based on the principles of human rights, social justice and equality. Nasc, the Irish word for "link", works to link migrants to their rights by protecting human rights, promoting integration and campaigning for change. Nasc was founded in 2000 in response to the rapid rise in the number of asylum seekers and migrant workers moving to the city of Cork. It is the only NGO offering legal information and advocacy services to immigrants in Cork. Nasc's legal team assists some 1,000 immigrants annually in navigating Ireland's protection, immigration and naturalisation systems. We also assist migrants and ethnic-minority Irish people who encounter community-based and institutional racism as well as discrimination.

Nasc is a member of the Turn Off the Red Light campaign and supports its call to criminalise the purchase of sex. The information we present today is based on our written submission to the committee, which is in turn based on our experiences working with migrants, particularly in cases in which migrant women and children have been trafficked into Ireland for sexual exploitation. We are especially concerned with how any new prostitution legislation will affect victims of trafficking and sexual exploitation as well as addressing their long-term needs for support and protection.

As an NGO working with migrants, we focus our presentation on the situation of migrants in trafficking for sexual exploitation as it relates to the review of prostitution legislation. Migration has had a significant impact on the sex industry globally and in Ireland. The existing legislation does not reflect this global reality. Migration and sexual exploitation are structurally linked. Woman and children bear the brunt of this exploitation worldwide. Numerous studies have shown that human trafficking for the purpose of sexual exploitation is a means of supplying the sex industry, as up to 80% of people trafficked worldwide are destined for the sex industry.

In Ireland, between 83% and 97% of people engaging in prostitution are believed to be migrant women and children. At Nasc, we have provided support to victims and suspected victims of trafficking and sexual exploitation. We also have extensive anecdotal evidence of the relationship between trafficking and sexual exploitation among migrant women and children in Ireland, particularly in Cork. From this work, we are well aware of the limitations of the current legislation in combating trafficking and sexual exploitation and in providing the necessary supports and protections for victims.

Depending on their cultural and ethnic backgrounds and their previous experiences, migrant women and children, both trafficked and non-trafficked, can be particularly vulnerable to poverty, social exclusion and sexual exploitation. Victims of trafficking and sexual exploitation often do not know where to seek support, are fearful of disclosing their identities or situations and, in many cases, go underground rather than seek out help from the authorities or support services. We believe the current conditions are not facilitating or promoting opportunities for identification and disclosure. Accordingly, extremely vulnerable women and children are not receiving the appropriate protection and support. Any changes to legislation must take these most vulnerable women and children into account and prioritise their needs, health and well-being.

Nasc recommends in the review of the prostitution legislation the criminalisation of the purchase of all forms of sexual services along the lines of the Swedish model, with the corresponding removal of any legislation which targets the prostitute or victim of trafficking and sexual exploitation. We also recommend that any changes relating to the criminalisation of prostitution be victim-centred and provide any other necessary reforms to trafficking legislation. Trafficking must be dealt with as a human rights issue, not as an immigration issue, particularly with regard to residency, repatriation, co-operation in criminal investigations and so on. Comprehensive victim-centred support and protection for victims of sexual exploitation and trafficking must be provided, and there must be ongoing consultation directly with victims of sexual exploitation, trafficking and sex workers.

Perhaps the greatest success in the criminalisation of the purchase of sex in Sweden to date has been the apparent shift in public attitudes to prostitution and trafficking. Prostitution and trafficking are not inevitable, unchangeable aspects of our society. We can and must make changes in legislation, support services and attitudes with regard to the inhuman and degrading treatment of people that comes from turning a blind eye to the trading and purchase of people's bodies. Any changes in legislation must be part of a comprehensive, victim-centred approach that provides support and protection for victims of sexual exploitation, especially victims who have been trafficked into this country illegally and who have likely experienced tremendous physical, mental and emotional suffering.

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