Memorandum submitted by Glasyn Gibson (PC 43)

 

 

I am a concerned Post Graduate Human Rights activist who would like to air my views on the proposed Policing and Crime Bill and in particular S13 and 20. (1) It appears that s 20 of the Bill is well intentioned however it does not distinguish between trafficked persons as defined under International law,(2) and persons who exercise their right to freely choose employment as a sex worker. The former has elements of slavery, deception psychological coercion violence, and the latter include elements of dignity, freewill, values that are Fundamental in our society. The proposed closing of premises where more than one (usually woman) carry on a legal profession, on mere suspicion that "persons are controlled for gain" goes against the long standing tradition of the rule of law and the need for "reasonable suspicion". The proposed law will do very little to protect the real victims of trafficking who if one thinks about it rationally is unlikely to be found in a place where more than one woman is trying to make a living as sex worker, this should not be trivialised however the British woman and as a matter of fact any other woman who is working as sex worker of their own freewill with competition who is likely to provide services at a lower rate or offer services that they themselves do not provide in order to make large amount of money for the trafficker will soon be found out and not tolerated. Women in the sex trade in the UK are open and unwilling to tolerate trafficking as it is slavery, and exploits women. Hence it is logical that traffickers will not risk putting their victims in such places. This theory is borne out in the number of trafficked victims found in brothels raided in 2 years,1,337 raids 255 victims of trafficking found. This demonstrates that the victims are not working in brothel type environments. The proposed Bill does nothing to reflect the seriousness of trafficking it carries no elements of slavery a crime against humanity under international law, coercion, deception. The Council of Europe Convention Action against Trafficking in Human Beings, (COETC) to which the UK is a signatory State makes Trafficking a specific offence which includes elements of slavery, and psychological coercion. s 20 of the proposed Bill does not require lack of freewill to be proven. Hence this section of the Bill should be scrapped as it has the potential if made law to hinder the fight against traffickers, and put the livelihood of freewill sexworkers sharing premises at risk, and deny them their rights to work and other fundamental social political and economical rights. The Council of Europe in Resolution 1579 requires member States such as the UK to provide safe working environments to consensual adult sex workers, and to respect their rights to have a say in policies concerning them. Alas it must be said that the UK up until now has not done so and furthermore the proposed law will do nothing to bring it closes to adhering to the spirit of human rights when it comes to the rights of sexworkers this Bill discriminates against persons in the UK. to conclude on s20 I would advise the UK government to take this opportunity before ratifying the Council of Europe Convention Treaty Action Against Trafficking in Human Beings (COETC) to make trafficking the serious offence it is in Domestic law and include the elements that are now missing from the proposed law such as slavery servitude, psychological coercion. "The control for gain" element of trafficking under s20 is too broad and will not achieve the fight against trafficking, but will make it less safe for persons working within the sex industry as they would not be able to employ others to make them safer. I propose that the government allow premises where more than one sex worker work to become safe and and favourable to the workers, this is more in keeping with a healthy society where workers rights are protected. The education, counselling support of women or persons who may enter the sex industry for a short or long time should be the concern of our society This will also help with the policing of trafficking and help with the fight against such a trade.

I also propose that S13 of the Bill should also be scrapped it is irrational to make it a strict liability offence for the those who may pay or promise to pay for sex with a sexworker who is working in premises where there is more than one person working at the same . This section hinders the fight against trafficking as defined under International law as the clients are a good source of information to the monitoring bodies if they believe someone is the victim of trafficking it is is an insult to clients to believe that they are more likely to want sex with someone they know to be a victim of this horrendous crime If encouraged it is likely that such victims would be brought to the attention of the authorities. This section also impacts on the right of the individual to choose to pay for consensual sex, this section if made law will breach the rule of law and the right to be deemed innocent until proven guilty. In January 2006 the UK government itself admitted the difficulty in identifying victims of trafficking, and at the time felt they could not sign the (COETC) as they thought it may lead to abuse of the system. (See BBC report on that day ) Then how more difficult for a client to know such a victim. This section will also impact on the right of sexworkers to employment as it would frighten off the clients I propose that s13 be scrapped and the government provide safe environment for clients and sex workers alike. The education, health care advise and protection of the rights of both client and sexworker in the UK is fundamental.

 

February 2009