Tag: Human Rights

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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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.

Washington, D.C. passes bill to repeal discredited “Prostitution Free Zones”

On October 7, 2014, the District of Columbia Council voted on a bill to repeal the District’s “Prostitution Free Zones” law as well as the “Drug Free Zones” law that it was based on. After an initial unanimous vote, the Council revisited the topic at the request of Councilmember Yvette Alexander (D-Ward 7) who claimed that the Prostitution Free Zones (PFZs) were an important tool to address concerns about sex work in neighborhoods she represents, despite testimony from police that the PFZs have not been used for over two years. “The Prostitution Free Zones have had a major impact on prostitution,” said Councilmember Alexander. The Metropolitan Police Department had stated at previous hearings that police were no longer using the law due to the concerns about its constitutionality as well as lack of evidence that the PFZs were effective in reducing street-based sex work in areas where the zones were declared. While acknowledging the constitutional concerns regarding the PFZs, Councilmember Alexander asked her colleagues to vote against repeal on the grounds that she felt there are reasons to implement the zones.

The D.C. Council passed the law authorizing police to declare PFZs in 2006 over objections from community members who said the zones would legitimize long-standing discriminatory police practices. Community-based research by the Alliance for a Safe and Diverse D.C. revealed the negative effects of D.C.’s approach to sex work, and a more recent review of police-community relations by the MPD-appointed Hate Crimes Response Task Force found high levels of distrust of police among transgender communities in the city, due to patterns of discrimination and abuse. Councilmember David Grosso (I-At Large) introduced the bill to repeal the PFZs in response to the Task Force report and accompanying recommendations by community groups.

Chairman of the Committee on Judiciary and Public Safety Tommy Wells (D-Ward 6) pointed out that the zones are not being used by the police, and that to say to constituents that the zones would help address prostitution would be a false statement. Councilmember Jack Evans (D-Ward 2) asked why Councilmember Wells wanted to repeal the law, “Why do you want to repeal this? We have a lot of laws that we don’t use, why do you want to remove this one?” Councilmember Wells pointed out how the PFZs discriminate against trans communities or people based on what they are wearing and being with two people or more. Despite evidence to the contrary, the Chairman of the Council, Phil Mendelson (D-Chairman), claimed that the PFZs were effective, but that the law must be repealed because of the constitutional concerns. “As much as some of us would like for them to come back,” said Chairman Mendelson, “because I think there was value in the police using it to disrupt prostitution markets, it cannot be used. It is unconstitutional.” But Councilmember Grosso noted that the constitutional concerns are not the only reason for repeal. “This is also about human rights in the District of Columbia,” said Grosso. “These zones were used not necessarily to address prostitution or sex work, but to discriminate against people walking down the street that we didn’t want walking down the street.”

After a period of debate which rehashed stigmatizing arguments regarding sex work, the Council voted 10-2 to repeal the Prostitution Free Zones law. All laws under consideration by the full Council must be voted on twice–a second vote on the bill will be taken on October 28th, but in light of the vote tally, it is likely to pass. Although a largely symbolic gesture, since the police have already acknowledged not using the zones for the past two years and no plans to use them in the future, the debate over the bill shows the importance of removing laws targeting sex workers, and those profiled as such, for increased criminalization. Best Practices Policy Project, which assisted the Alliance for a Safe and Diverse D.C. in its community-based research in 2007 and 2008, applauds this step forward for D.C. and encourages the D.C. Council to consider implementing other recommendations from that report.

U.S. POLICING REFORM MUST ADDRESS ABUSES AGAINST PEOPLE IN SEX TRADES

This week Attorney General Eric Holder announced a new initiative to address police misconduct and abuse. Days before this announcement, sex workers, people in the sex trades and advocates submitted a report to the United Nations (UN) on human rights violations committed in the U.S. against sex workers, people in the sex trades, and those profiled as such. The abuses documented in the report make clear that no effort to reform policing in the U.S. can be effective without addressing mistreatment by law enforcement of these highly marginalized communities.

In the report to the UN Human Rights Council, Best Practices Policy Project (BPPP), Desiree Alliance and Sex Worker Outreach Project-NYC (SWOP-NYC) documents extensive violations of the right to equal protection before the law, the right to be free of cruel and inhuman punishment, and the right to health. Across the country, anti-prostitution laws and policies, coupled with discriminatory practices, create an environment in which police profiling and mistreatment of communities of color, transgender people, young people and immigrants occurs with impunity. In many U.S. jurisdictions, arrestees face harsh sentencing laws and receive inadequate legal defense. Due process violations are also rampant. Laws that criminalize a person’s HIV status—found to be a cruel and unusual punishment by the UN—are applied to sex workers across the country, while health care and other social service providers routinely mistreat people who have traded sex for money. Policy and funding shifts have undermined the work of important harm reduction and human rights groups working with people involved in sex trade, including forcing some critical organizations to close.

Citing examples from Baltimore to Phoenix, from New Orleans to Chicago, the report draws on the most recent research and media reports on human rights abuses against people in sex trades as well as interviews with sex workers and advocates. The report’s list of recommendations starts by calling on the U.S. government to make good on a commitment it made in 2011 to the UN to address discrimination and violence against sex workers.

As the country grapples with abuses by law enforcement in the aftermath of the high profile events in Ferguson, Missouri, it would be a mistake to leave certain communities out of the discussion on policing and discrimination. The recommendations from the report give Attorney General Holder and the Justice Department plenty of ideas to work on as they move forward with addressing the problems with law enforcement in the U.S.

BPPP, Desiree Alliance and SWOP-NYC submitted the report to the UN as part of the Universal Review Period (UPR), a periodic process by which the UN Human Rights Council examines the human rights record for UN member states. Other countries will make their recommendations to the U.S. about ways to improve human rights during the UPR session in Geneva, Switzerland in April 2015.

Groups representing sex workers and people in sex trades have recently submitted reports to the UN regarding the U.S. obligations under international treaties such as the International Covenant to Eliminate Racial Discrimination and the International Covenant on Civil and Political Rights. The UPR report was endorsed by Power Inside (Baltimore), BreakOUT! (New Orleans), Casa Ruby (D.C.), Solutions Not Punishment Coalition (Atlanta), Sex Workers Outreach Project (SWOP) USA and chapters in Phoenix, Tucson, Seattle, and Tampa Bay, Woodhull Sexual Freedom Alliance, Monica Jones/Stand with Monica Campaign (Phoenix), Red Umbrella Project (NYC), and St. James Infirmary (San Francisco).