Thursday, August 11, 2022

New Zealand decriminalisation model

I have just been reading a blog written by a sex worker in New Zealand. I think that what she has to say is so important I want to repeat it here. This comes from the post What the NZ model cheer squad get wrong on the Dollar Girl Diaries blog.

If what she is saying is true then it seems that the decriminalisation of sex work has succeeded even better than expected. Sex workers are turning away from pimps because they don't need them. I have always said that sex workers don't need pimps, they can work for themselves.

"So, what happened when we introduced decriminalisation? Something totally unexpected. The paradigm shifted and it shifted radically. The brothels and agencies got wiped out, they were forced out of business. Nobody predicted it. But why did it happen? Despite decriminalisation, the casual independent contractor model for brothel work stayed. The owners had no reason to change it, there was a lot of very good employment case law from around the world saying this was legal and changing would both increase their costs and reduce power over the workers. So they didn’t change it. Decriminalisation however meant you could work outside the brothel system without fear of arrest of police harassment. Suddenly independent work was every bit as safe from arrest as the brothel work. The PRA also includes a provision allowing up to four sex workers to work out of a single location and share the costs equally without a license. Only restriction is all have to control their income independently, you can’t pool the takings and share them out. Gives the safety benefits of a brothel without the exploitation of a manager. Of course this means you’re self employed, with all the issues that brings, but without half your income going into somebody else’s pocket, you can put aside for those things.

Now for the first time, brothel workers had a choice. They no longer needed the brothels and agencies to be safe from arrest. They could stay on in the brothels as self employed independent contractors, with the owners taking around half of what they earned and imposing shift fees, late penalties, controlling their shifts to keep them from complaining, pressuring them to take clients they didn’t want etc. Or they could cut out on their own as an independent worker, maybe get together with a couple of other workers and form one of those new fangled small worker collective brothels. Of course that meant facing the perils of self employment, but they were being treated as self employed in the brothel system anyway. Unsurprisingly, the vast majority elected to cut out on their own. The old brothel system very simply collapsed as the workers found they no longer needed it’s protection. The entire industry paradigm changed. The sex industry in New Zealand is now dominated by independent workers and small worker collectives. Before 2003 there were over 400 hundred brothels and agencies in New Zealand, there are 45 left."

This shows that the proponents of the Nordic model have got it wrong when criticising the New Zealand model. Finn Mackay in her book Radical Feminism on page 211 writing about the English Collective of Prostitutes (ECP) and the International Union of Sex Workers (IUSW). "Both groups commend the approach taken in New Zealand, where brothels of varying sizes from small owner-operated ventures to larger chains are allowed to operate legally, though the ECP favour small owner-operated ventures over larger big business brothel chains. The latter are thriving however under this regime."

Mackay also writes that there had been plans for a 15-storey brothel in Auckland that didn't go ahead. Three brothels in Queensland closed complaining about unfair competition. That doesn't sound as if big business is thriving.

People who believe in decriminalisation are not the pimp lobby. The last thing that pimps want is the decriminalisation of sex work just like the last thing that drug dealers want is the decriminalisation of drugs.

There are some people who will tell you that the amount of prostitution increased in New Zealand after decriminalisation. Mellissa Farley has said this, and so has Samantha Berg. They are both wrong, and I shall show why below. In the case of Samantha Berg, she doesn't seem to understand how statistics work. Just as with her examination of the statistics to do with Norway, she doesn't understand you have to compare like with like. If you have two statistics related to different time periods then they are not comparable. Christchurch had 100 street prostitutes in 2006 and 121 street prostitutes in 2007. However, we're talking about different time periods and different times of year.

1 comment:

Anonymous said...

Many of the commercial brothels which still survive rely heavily on the dread Section 19 of the PRA. This was inserted at the last moment supposedly to stop trafficking. It was the abolishionists pound of flesh to get the law passed.

S19 limits sex work to NZ citizens and permanent residents. Anyone who's in the country on a visa will have it instantly revoked if they engage in sex work, regardless of the kind of visa. It's an absolute, no if buts or maybes, if you're here on visa and engage in sex work, the law requires you to be deported.

What happens is brothel owners will recruit migrants, often those on student visas, preying on their lack of understanding of the law and frequently poor English. Then once they're in the brothel, the managers have more power over them than pre decrim. If these workers report any kind of abuse or exploitation, it means instant deportation.

Reform advocates fough against S19, but the PRA passed by just one vote and section 19 was her demand to vote in favour.