Category: Campaigns

Press Release: U.S. Sex Worker Rights Activists to Advocate Before UN Human Rights Council

March 12, 2015

FOR IMMEDIATE RELEASE

CONTACTS: Geneva team- Monica Jones 602-575-9332, J.M. Kirby: jm.kirby@law.cuny.edu;

United States- Janet Duran- 973-900-4887, Penelope Saunders- 917-817-0324, penelope.saunders@gmail.com

 

U.S. Sex Worker Rights Activists to Advocate Before UN Human Rights Council

Advocates Call for Justice as the UN Reviews the U.S. Human Rights Record

Geneva– Representatives of U.S.-based sex worker rights organizations will travel to Geneva, Switzerland next week, March 15-21st, to meet with members of the United Nations Human Rights Council (HRC), and to call for greater human rights protections. As the HRC prepares for a review of the U.S.’ human rights record later this spring, civil society organizations from throughout the U.S. are traveling to Geneva to educate members about violations of civil, political, economic and social human rights in the U.S.

For Monica Jones, a human rights advocate and transgender woman of color from Phoenix, AZ, the issues she will raise while in Geneva have directly impacted her own life. The target of discriminatory police profiling, Monica Jones was wrongfully arrested under an anti-prostitution police sweep program in Phoenix, called Project ROSE. After a long fight and an appeal, a judge dismissed Monica Jones’ charges earlier this month. However, like many transgender and gender non-conforming people of color, she is threatened by regular harassment by police, who use anti-sex work laws to intimidate and harm members of communities already vulnerable to discrimination. “As long as the police can target my community using these anti-sex work laws,” Ms. Jones notes, “we will never be safe from violence, including the violence of incarceration.”

Sex worker rights advocates participated in the prior review of the U.S. via the UN Universal Periodic Review (UPR) process, through which countries’ human rights records are submitted to scrutiny every four years. As a result, the U.S. adopted Recommendation 86, obligating it to increase human rights protections for sex workers. In advance of the review this year, advocates with Best Practices Policy Project, Desiree Alliance, and Sex Workers Outreach Project-NY submitted a report to the HRC, demonstrating that the U.S. has failed to live up to the promises of Recommendation 86.

The report, written in consultation with sex workers and their allies throughout the country, shows that criminalization and stigmatization of sex workers, and those profiled as such, exposes them to rape, extortion, assault, harassment, and discrimination at the hands of law enforcement. Criminalization and stigma can also lead to denial of housing, healthcare, parenting and other reproductive rights, education, incomes, and employment. The report demonstrates that the legal system frequently fails to recognize that sex workers can be victims of crime, and thus denies justice or support to sex workers who seek help. At a recent civil society meeting organized in advance of the UPR by the U.S. State Department, New Jersey Red Umbrella Alliance member Janet Duran told officials that “most of the violence [sex workers] fall victim to is at the hands of the very people who should be protecting them.”

Advocates are concerned that the U.S. exports stigma and discrimination through policies such as the “anti-prostitution loyalty oath” attached to development funding. “We will ask the world to hold the U.S. accountable for making sex workers vulnerable to human rights abuses,” said J.M. Kirby of the Best Practices Policy Project. “Our country should be promoting human rights for all, including sex workers, not shaming people because of the work that they do.”

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“our lives do matter”: pressuring the State Dept to end rights abuses faced by US Sex Workers

On February 20, 2015 Janet Duran–a representative of the New Jersey Red Umbrella Alliance and a network of organizations using international human rights strategies to bring attention to rights abuses faced by sex workers–traveled to the District of Columbia to present a statement during a meeting organized by the US State Department. This “civil society consultation” was held in advance of the Second Universal Periodic Review of the United States, that is scheduled for May 11 at the United Nations in Geneva, and included representatives from various United States government agencies. In  its prior Universal Periodic Review process,  the US accepted Recommendation  86,  requiring it to “undertake awareness raising  campaigns  for  combating stereotypes  and  violence  against  [LGBT  people], and  ensure  access  to  public  services, paying  attention  to  the  special  vulnerability  of sex  workers  to  violence  and  human  rights abuses.” Even though Recommendation 86 is considered a very important step forward in global acknowledgement that the United States should improve its policies and actions to protect the rights of sex workers, the US government has taken no action since that time to do so. Janet Duran addressed the State Department and other government agencies to make clear the reality of the rights violations faced by sex workers across the United States:

I stand before you today to bring to your attention to the numerous ways in which sex workers’ human rights continue to be violated due to criminalization. The biggest problem is that most of the violence which they fall victim to is at the hands of the very people who should be protecting them.

I have been a witness to law enforcement and people in positions of security and power allowing fellow law enforcement brethren to engage in said illegal activities with no recourse for their actions.

This is where criminalization makes things even more dangerous because at any time we can become victims of sexual assault or other violence and know full well if an attempt is made to report any act of violence during the alleged commission of an “illegal sex act,” we become vulnerable to retaliation and even more violence and even death.

If we do try and report it’s not only the police that further makes us victims but also at the hands of attorneys on both ends. We will not go report if we know that prosecutors will question our motives and yell at us when we question the corruption and misconduct the arises from trying to report.

The constant harassment of repeated and constitutional rights violations further make us distrust police. Misconduct manifesting itself as lost statements and police reports falsified to protect the accused by their law enforcement comrades. The prosecutorial misconduct we face when we are treated as criminals when we are victims.

When that pertinent fact, according to the attorney general’s office, is left out of the report but it’s not important enough to be investigated because according to various victim rights attorneys, who were also former prosecutors, no prosecutor will ever prosecute a case involving sex workers because no real crime is committed because they say we don’t matter.

But our lives do matter.

In this spirit, I call on you all to implement  Recommendation  86  to ensure the human  rights  of sex  workers  including  the rights  to  healthcare,  education  and housing;  and  the right   to  be  free  from  violence  by  government  and non-government  actors. I call on you to take  measures  to  decrease  violence towards my community by  implementing  campaigns  to  end  the  harms  of  stigmatization  and  criminalization.
Preparing to enter the State Department Civil Society Consultation in D.C.

Preparing to enter the State Department Civil Society Consultation in D.C.

 

Update on the United Nations’ UPR process

Best Practices Policy Project and other groups working for the human rights of sex workers and people in sex trade has been engaging with the latest round of the United Nations’ Universal Periodic Review (UPR). This is a continuation of excellent grassroots community organizing around the last round of the UPR in 2010/2011. We submitted a shadow report along with our friends at Desiree Alliance and SWOP-NYC.

You can view the United States’ assessment of its own human rights record as reported to the Human Rights Council here. Now that the government has submitted their report, the next steps for grassroots advocacy are to contact the US government about our shadow reports, as well as contact the diplomatic missions of other countries to encourage them to submit recommendations to the US to support the human rights of people in sex trades. We are participating in several upcoming opportunities for these activities

If you would like to contact policy makers in the US or in the diplomatic missions of other countries, this one-page summary may be helpful.

Monica Jones Prevails #standwithMonica

Today an Arizona Superior Court Judge ruled that the guilty verdict against Monica Jones be reversed because of procedural errors during her trial earlier last year. Monica is elated and in a telephone interview earlier today noted that, “this is a win and the truth has come out. It has taken many months for the appeal to rectify a decision that the first judge announced in less than a minute.” At the April 2014 trial, when Judge Hercules–in the absence of clear evidence–found Ms Jones guilty of “manifesting prostitution,” he stated she was not a “credible” witness because of  having a prior conviction for prostitution. His abrupt decision shocked a packed court room of observers and supporters of Monica Jones.

Judge Mclennan–who vacated the ruling today–found that the trial court had erred in “considering the Defendant’s potential punishment in assessing her credibility.” Judge Hercules had argued that because Monica Jones had acknowledged having  a prior conviction that she had a “motive [to lie] to avoid a mandatory 30-day sentence.” Today’s reversal shows that a defendant who is innocent also has motive to deny having carried out the act in question and the “fact that a defendant testifies that he or she did not commit the crime is not a valid indicator whether the defendant is testifying truthfully or falsely.” The reversal, however, did not draw any conclusions in regards to the Constitutional arguments to invalidate the “manifestation statute” brought by Monica Jones and her legal team.

And so while Monica has prevailed, her quest to end the profiling of so many in the community under the vague and discriminatory statute of “manifestation of prostitution” has not yet ended. “Today is a only small step for women, trans women and sex workers who have been convicted under this law, there is still so much more to be done to end the injustice of the arrests,” Ms Jones said. “I hope that my case is an inspiration for others. I hope this is a precedent for sex workers who have been charged to stand up and fight for their rights. I hope we see more and more individuals fighting against these types of charges.” Monica is currently in discussions with her legal team about how further constitutional challenges to the manifestation statute can be made.

The future is seems much brighter for Monica now that the guilty verdict has been reversed. “I’m really excited that I’ve won this case,” she said with relief, “Its been a long journey but the love and support that I got along the way kept me strong. I want to send my thanks to all who helped me on this journey.” Monica Jones plans to continue her studies and her human rights work for sex workers, women of color and the transgender community.