Banning Sex-Work Backfires

Hostess club sign, Roppongi

Hostess club sign, Roppongi (Photo credit: Susanna Quinn – Book Group Author)

Anonymous student post

In 2004 a newly required Trafficking in Persons Report was released by the U.S. Department of State. The report stated that Filipinas working as hostesses in Japanese clubs constituted the largest group of sex-trafficked persons, making up more than 10 percent of the total worldwide. In response to the deeply embarrassing report, the Japanese government decided to take quick action. New visa requirements and a more rigorous screening process were hurriedly enacted for those seeking the “entertainment visa,” which is how most sex-workers would classify themselves.

The result looked great on paper. The number of Filipina hostesses in Japan dropped 90%, from 82,741 in 2004 to 8,607 in 2006. But in reality sex-workers were still being trafficked into Japan, worse yet they now were rendered “illegal”. The sex workers coming into Japan were coming on their own volition for the most part. But now, they find themselves at the mercy of their employers without any laws to protect them. Since they are no longer legally in Japan, they have little ground to defend themselves from abusive or even dangerous employers. Even though Japan has improved itself in the eyes of the Trafficking in Persons Report, the short-sighted tactic they chose backfired making the matter worse for trafficked workers.

Since required workers are required to prove 2 years of training or internship as performing visual artists, Filipinas have resorted to coming in through illegal means. The new sex-workers are tightly coupled to their employers due to their illegal nature. The problem being they still needed jobs, and there was still a lucrative market to fill. No matter what laws the Japanese government imposes, there will always be loopholes that the illegal market finds around them, and in this case it was at the expense of the victims themselves.

It is no surprise that Japan was at the top of the list of Trafficking in Persons report. As long as the market in Japan for sex-workers exists, the problem with migrant sex-workers will coexist. The market for sex-work in Japan is disproportionately large for a country among the 5 highest in GDP.  If paying for sexual services had the taboo reputation it does in other world powers, the demand for sex-work in Japan wouldn’t be large enough to cause embarrassment. If the Japanese government could convince citizens that paying for sexual services is unpopular, they could do a much more effective job at mitigating the issue, and better yet, it wouldn’t be at the expense of the migrant sex-worker victims themselves. Additionally, new markets for the migrant workers would appear.

Criminalizing migrant sex workers does not aim for the core of the issue. Rather, a reduction of the market for sex-workers needs to take place in order to mitigate the demand. The sexual objectification of women is rampant among males in Japan. Gender inequality in Japan is partly to blame for the sexual objectification of women. The popularity of hostess bars and other payed-for sex work is deeply entrenched in masculine Japanese culture today.  If women were seen equally, the Japanese would begin to see what’s taboo, or even wrong with sex work. Societies view of women leaves migrant workers with little choice outside the uncomfortable opportunity for sex work. The government needs to work from the ground up with education of Japanese youth. The distinct, unbalanced roles of men and women need to be flattened out for society to understand the detriments of objectification of sex.

References

http://www.bloomberg.com/news/2011-10-13/what-i-learned-about-migrant-sex-workers-by-being-one-part-1-parrenas.html

Illicit Flirtation: Labor, Migration, and Sex Trafficking in Tokyo, by Rhacel Salazar Parreñas. 2011. Stanford University Press.

Filipino hostesses in Japan: Volition or Coercion?

Rhacel Parreñas in the field, working as a hostess in Tokyo

by Jonas Horvei

According to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (2013), human trafficking can be defined as:

“[t]he recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.”

In this week’s blog post I would like to examine to whether or not Filipino hostesses working Japan can be considered as victims of human trafficking, especially under the category of sex trafficking. I will also consider whether there is a possibility that this is not the case of human trafficking, but rather an action which they carry out by their own volition.

First of all I would like to examine what kind of typical activities a hostess performs while working in a bar in Japan.

  • Takes on the role as an entertainer
  • Pours her customers drinks, often alcoholic beverages
  • Dances with them
  • Sings for her customers, often karaoke
  • Talks with her customers, being engaged in a conversation, often with a bit of “flirtative” nature, often while at the same time complimenting them.

On the basis of only this, it is naturally impossible to say whether these people working in such establishment are victims of human trafficking or not. Nevertheless if we look a bit deeper and consider if this at the perspective of sex trafficking we can start hypothesizing at least. According to the U.S Code §7102 – (10) sex trafficking can be defined as the following;

The term “sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act”.

Judging from this definition, there does not seem to be any particular aspects that resembles a commercial sex act, and thus I argue that such kind of cannot be considered a case of sex trafficking. Although occasionally acts such as masturbating the customer did occur, nothing was mentioned whether this was carried out by their own volition or not. Looking at the culture of south-east Asian countries though, such “happy ending” customs are fairly normal in especially massage establishments such as in China and Thailand, which might explain why this is not necessarily  considered prostitution. While there are Filipinos working as prostitutes in Japan, at least on the surface it seems to me at first glance that the Filipino who come to serve as hostess, are mainly not victims of sexual trafficking.

For the meantime, let us go back to the case of human trafficking and see if there is any evidence that these workers can be considered victims of such a phenomenon. While indeed, it is likely that some of the Filipinos who migrate to Japan are forced to go against their own volition, and thus can be defined as victims of human trafficking, I argue that this is the exception rather than the norm. According to Parreñas (2011 p.3) no conclusive evidence exists that these workers are victims of human trafficking, but rather research indicates that most of the workers take this decision by themselves, and migrate by their own volition. Yet again according to Parreñas (2003 p.199), as much as 34 to 54 percent of the Filipino population is sustained by remittances by migrant workers. Such numbers tells exactly how much of an importance overseas Filipinos workers affect the homeland economy.

Nevertheless despite most of these people not being victims of human trafficking, there is no question that especially for migrants in such vulnerable occupations the working conditions can be lackluster, and that they might be victims of forced labor. This is something which needs to urgently be addressed, preferably in collaboration between the Philippines and the Japanese government.

Since 1999, Japan’s immigration policies have made it considerably more difficult, ultimately forcing many bars to shut down and many having difficulty coming over to work as hostesses (National University of Singapore, 2012). However, imposing restrictions on entertainer visas is in my opinion not a solution to combat human trafficking, or rather it is not a solution to improve the labor conditions for Filipino hostesses. Rather, I think such restrictions are what actually promotes and can actually be the trigger to human trafficking in the first place.

These migrants cannot work in their own country, the wages are either not enough to support a family, or simply they cannot find a jobs. Then naturally the next step is to seek work elsewhere, a different city, or a different country. Suddenly these options start to dwindle, and one is only left with the options of either living a life full of poverty or as a last resort they become victims or sexual trafficking, or become prostitutions out of their own volition to take care of their family.

I argue that hostess is a harmless job, and as long as this work is carried out of their own volition, restrictions should be lessened on entertainer visas, back to the way they used to be. Still, these people will continue to be exploited due to their resident status and so on, and therefore I believe the most important step to take now is rather than imposing more and more restrictions, a step in the right direction would be to protect these people by giving them more rights to them being victims of forced labor, and to collectively come up with a solution which can benefit all parties involved.

As summarized by the United Nations Global Programme against Trafficking in Human Beings report, a lot of the responsibility lay at the hands of the Japanese and Filipino government to improve this situation (Cameron and Newman).

References

“Human Trafficking.”  United Nations Office on Drugs and Crime. Accessed 17 Nov. 2013. http://www.unodc.org/unodc/en/human-trafficking/what-is-human-trafficking.html

“U.S Codes – USC§ 7102 Definitions” Cornell University Law School. Accessed 17 Nov. 2013., http://www.law.cornell.edu/uscode/text/22/7102

Parreñas, Rhacel Salazar. Illicit Flirtation; Labor, Migration, and Sex Trafficking in Tokyo. Stanford University Press (2011).

Parreñas, Rhacel Salazar. 2003. “The Care Crisis in the Philippines: Children and Transnational Families in the New Global Economy.” Pp. 39-54 in Global Woman: Nannies, Maids, and Sex Workers in the New Economy. New York: Metropolitan Books

“Filipino in Hostess Clubs.” National University of Singapore, 29 Apr. 2012. Accessed 17 Nov 2013 http://wiki.nus.edu.sg/display/JPE2012/Filipino+in+hostess+clubs

Cameron, Sally, and Edward Newman. “Trafficking of Filipino Women to Japan: Examining the Experiences and Perspectives of Victims and Government experts” United Nations University. Online-only journal. Accessed Nov 17. 2013. http://www.unodc.org/pdf/crime/human_trafficking/Exec_summary_UNU.pdf