JRSSEM 2022, Vol. 02, No. 5, 687 707
E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494
10.36418/jrssem.v2i05.326 https://jrssem.publikasiindonesia.id/index.php/jrssem
EXAMINING FEMINIST PERSPECTIVE IN ABOLISHING
SEX TRAFFICKING CASE STUDY: SEX TRAFFICKING IN
THAILAND
Naeli Fitria
Department of International Relations, Universitas Pertamina, Indonesia
*
e-mail: naeli.fitria@universitaspertamina.ac.id
*Correspondence: naeli.fitria@universitaspertamina.ac.id
Submitted
: 20 November 2022
Revised
: 02 December 2022
Accepted
: 09 December 2022
Abstract: Debate between feminist perspectives has become contested both in academic sphere
and policy implementation in addressing sex trafficking. Human rights aspects remain critical either
to liberate or to abolish sex trafficking. Radical feminist perspective defends the argument to
eliminate sex trafficking due to the existence of physical abuses and sexual harassment within the
sex industry and the cycle of sex trafficking. Contrastingly, liberal feminist also making efforts in
liberating the rights of women to seek a job to be sex workers due to womens autonomy and
rational choice as well as the influence of global capitalist system. Such debates, furthermore,
cannot be distinguished from the influence of the rooted theories, for instance, postcolonial
feminism which argue that sex trafficking is inevitable notably for the colonised countries since the
women are triggered to seek for decent income through migrating to another country. In addition,
poststructuralist feminism highlighted the crucial point of womens autonomy and rights. This
study argues that the attempts to abolish sex trafficking and prostitution remain relevant to date
since women who work as sex workers should be acknowledged as the victims of sex trafficking.
Taking sex trafficking and prostitution in Thailand as the case study has eventually found that social
norms and corrupted officials have become major barriers in combating sex trafficking and
prostitution until recently. The government strategies together with the regional efforts hereby the
Association of Southeast Asia Nations (ASEAN) in combating the crime of sex trafficking have
shown that challenges ahead remain exist.
Keywords: Human trafficking; ASEAN; Thailand; Feminism.
Naeli Fitria | 688
INTRODUCTION
The consequence of global economic
development has resulted in the black side
of global migration. The gap between
developed and developing countries has
obviously shaped and affected economic
inequality around the world. Poverty has
revealed as a reflection of the inability of
countries to provide employment field for
their people. Such reason eventually forced
poor people to generate better income by
going abroad.
One of the most compelling reasons
why people migrate is due to the
availability of job offers in another country.
Interestingly, such reason has reflected the
argument of Post-Colonial theory in
addressing global migration and its impact.
As the rooted cause, the link between
global migration and capitalism is
undeniable since the Third World or
developing countries which the majority
are colonised countries become the victims
of global capitalism. Aiming to sustain
economic development around the globe,
the Post-Colonial theory also argues that
global capitalist system has eventually
created a new space for sex trafficking
crime to occur. Such crime, unfortunately,
has become the most appealing fields to
generate income which is preserved by the
operation of the sex industry. Sex
trafficking has been utilised as the source
for recruiting and transporting people to
work in the sex industry mainly prostitution.
In addition, the operation of both sex
trafficking and prostitution have become
trajectories for gross human rights
violations.
Furthermore, Post-Colonial theory as a
rooted theory in addressing sex trafficking
also cannot be separated from the
contested debate in feminism. Women as
subject and targeting party of sex
industries have suffered significant human
rights abuses over the decade. Hence, two
influential feminist perspectives, for
instance, radical feminists and liberal
feminist have involved in an unresolved
debate in addressing sex trafficking in
human rights domain. Liberal feminist
defends themselves through echoing
freedom of choice for women to work as
sex workers. Yet, for radical feminist
abolishing prostitution and sex trafficking is
the best way to decrease the number of
gross human rights violations against
women including the practice of women
subordination.
However, critiques also contested
between those two points of view in
addressing sex trafficking issue. The main
critique of liberal feminist against radical
feminist is that the criminalisation and
abolitionist prostitution are not a solution
for women. They also argue that there is no
one country in this world which immune
from sex trafficking and prostitution since
those fields are provide women with more
significant income. Therefore, women who
work as sex workers need to be respected
as other common professions.
Interestingly, there is a constituent between
liberal feminist and the Poststructuralism
feminist in addressing the notion regarding
autonomy or freedom of choice for women
to migrate and become sex workers.
Poststructuralism feminist attempt to
examine broader perspective notably in
criticising liberal feminist not to solely
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In Thailand
apply freedom of choice idea to legalise sex
workers and prostitution. This perspective
acknowledged that the freedom of women
to migrate to what liberal feminist argue is
acceptable in order to seek more decent
employment. However, the freedom is not
tolerable when they migrate to work in the
sex industry. Such reason furthermore is
reiterated due to sexual exploitation and
other women’s rights violations to occur
notably in the cycle of sex trafficking and
prostitution.
One of the most prominent scholars of
liberal feminist is Kathy Miriam. Her
contribution for the liberal feminist
literature is the concept of “Sexual
Contract” which explain that women who
work as sex workers are legal and once they
agree to work in the sex industry, they
oblige to their employer. Such phenomenal
notion also reiterated that through sexual
contract women are conscious and
voluntary of working as sex workers.
Notwithstanding the critique of liberal
feminists, radical feminist also points out
the main idea of liberal feminists in
struggling of legalising prostitution has
resulted in preserving women
subordination and men domination in the
practice of it. One of the most influential
radical feminist scholars namely Sheila
Jeffreys argues that prostitution and sex
trafficking are two forms of human rights
violations against women.
From those aforementioned heated
debates, it is argued that despite sex
industry has become a strategic avenue for
generating income both for countries and
sex workers, the human rights violations in
the cycle of sex trafficking is urgent to be
tackled seriously. The gap which uncovered
is that the quarrel over human rights realm
is unequivocal mainly for radical feminist
perspective. In order to enhance the
position in abolishing prostitution and sex
trafficking, radical feminist has to reiterate
the position that giving freedom for
women to be sex workers means not
appreciating and respecting their rights.
Instead, human rights must encompass all
aspects of women including release them
from the sex industry and prostitution
crime because they are oppressed and
become the victims.
Furthermore, since sex trafficking has
resulted in a gross number of victims in the
world, one of the most vulnerable regions
hereby Southeast Asia has become a centre
of international critical attention as the
most susceptible region which prone to
human trafficking related to sexual
exploitation. Due to its poverty, the
majority of people become the victims of
sex trafficking in Southeast Asia. With
approximately 79% of women are trafficked
for sexual exploitation purpose (UNODC,
2018). Particularly in Southeast Asia,
255.000 or 1/3 globally represent women
who become the victims of human
trafficking for prostitution (Holliday, 2016).
Such evidence has become a compelling
reason for Southeast Asia to be examined
further in this research.
As one of the most favourable
countries of destination for prostitution
and sex tourism, Thailand will be examined
as a case study. Thailand remains in Tier 2
which means that this country remains
deficient in implementing policy in
abolishing prostitution and sex trafficking
as well as has become a country of
destination for prostitution in Southeast
Naeli Fitria | 690
Asia. The methodology which will be
utilised to obtain the data is sourced from
government official reports, media and
academic literature. In addition, this
research also using qualitative method in
examining the literature. It is essential to
use qualitative method in this study since it
will be explained by words or verbal
interpretation and examining the
effectiveness of the theory in the policy
implementation through case study,
hereby sex trafficking and prostitution in
Thailand.
Key findings of this research, for
instance, 1). The rooted theory of post-
colonial and poststructuralist feminist
cannot be denied in affecting the contested
debate of feminist perspective notably
related to radical feminist perspective in
abolishing sex trafficking both in academic
sphere and in the policy implementation,
2). The delicate progress of Thailand and
the Association of Southeast Asia Nations
(ASEAN) as a prominent regional
organization has reflected that abolishing
sex trafficking remains a priority agenda of
the Southeast Asian region in struggling for
women’s right, 3). Local norms of the
society and corrupted officials have
become two crucial factors in abolishing
prostitution in Thailand. Therefore, such
cases will be discussed in more detail.
Thus, this research will examine the
radical feminist perspective and its
compatibility in the elimination of
prostitution in decreasing the victims of sex
trafficking. This research will be divided into
six chapter. The first chapter will explain the
background of the study. The second
chapter will discuss sex trafficking debates
between liberal feminists and radical
feminists. Then, steps in abolishing sex
trafficking will be further elaborated in the
third chapter. The fourth chapter
furthermore will examine sex trafficking in
Thailand as the case study. Chapter five will
critically assessed the radical feminist
perspective in affecting policy
implementation in Southeast Asia notably
in Thailand in abolishing sex trafficking.
MATERIALS AND METHODS
The research that the author
conducted uses a qualitative research
methodology. Qualitative research
methodology is an approach used to be
able to find and understand a meaning
(Bakry, 2015). This qualitative methodology
appears to understand a phenomenon or
social issue that exists in society. So, this
methodology is explained as a method
used to explain or find answers to a
phenomenon or issue that occurs in
society. Another opinion explains that
qualitative research methodology is
research that is explained using a natural
point of view (based on facts) and is also
interpretive which aims to explain existing
phenomena (Bakry, 2015). The sources
used in qualitative research methodology
led to case studies, individual experiences,
interviews, observations, and so on.
Research methodology as research
that requires the researcher to go directly
into the social environment where the
subjects involved in the research are
located (Bakry, 2015). So that the research
conducted requires the researcher to
participate in the existing social dynamics
to get answers to the phenomena that are
happening in the social process. This is
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In Thailand
considered by Fiona Devine as a
differentiator against quantitative research
methodologies which do not allow or do
not require researchers to go directly into
the field. So here the author wants to
emphasize that the qualitative research
methodology used in this research is the
author's way of answering research
questions that the author raised. So that
later the author will describe the facts
described based on existing sources. So
that the arguments formed will rely on the
existing facts and explain the answers to
the existing problems using the evidence
that the author uses.
Theoretical Framework
This research uses Radical Feminist as
its research framework. A starting point,
radical feminist reveal with their
perspective. Radical feminist scholar, such
as (Pateman, 2016) claims that men
dominate the majority of the employment
position and at the same time women
acquire fewer opportunity on that matter.
Women subordination also shaped
patriarchy within the working environment
in which turn out women intimidation
related to sexual abuses (Pateman, 2016).
Such a problem has also led women to
become sex workers and trapped in
prostitution (Pateman, 2016). In addition,
(Penttinen, 2008) observed that women in
society are framed to be subordinated
because of their second-class role in the
family and systemic patriarchy. Women
also become inferior in generating income
from their works (Penttinen, 2008).
Other radical feminist scholars, for
instance, (Jeffreys, 2008) also argue that
prostitution is an avenue for men in
dominating power against women in which
it affects hazardous effects for women. She
also highlighted that prostitution creates a
detrimental effect on women due to men's
authority to access women's body for the
sake of men's pleasure. (Jeffreys, 2008)
highlighted that prostitution also means
that such practice reflects women's
inequity. Besides, women in prostitution
practice become disadvantaged because
their rights such as emotions and
psychological conditions are deprived and
unnoticed (Jeffreys, 2008).
Sex Trafficking in Thailand
Thailand has become an international
attention for its contentious sex industry.
The running and growing number of
prostitution have triggered this country to
be a country of destination for sex
trafficking crimes. Historically, the increase
of the sex industry in Thailand was
beginning when Thailand became a place
of leisure for the U.S. army during the
Vietnam War. The municipalities become
more compelling for women from the
urban area to move due to poor economic
condition. Then, in 1980 Thailand faced a
boost sex entertainment which profitable
for the country (Reyes, 2015).
Furthermore, it has become
undeniable since Thailand has become a
significant tourist destination in Southeast
Asia. (Bernstein & Shih, 2014) claimed that
tourism to date remains a cornerstone for
economic growth in Southeast Asia. The
attractiveness of beaches, authentic sites,
the harmonious of local people as well as
conducive political situation are the key
factors which have led Thailand to become
an ultimate tourism place for many years
Naeli Fitria | 692
(Bernstein & Shih, 2014). In addition, the
triumph of Thailand as the most favourite
tourism place in the world is also supported
by infrastructure development in the
country. (Bernstein & Shih, 2014) observed
that the public amenities, for instance,
international airport, luxury and world-class
hotel, English sign direction across the
cities and less criminality are the most
essential factors for boosting tourism in
Thailand.
The expansion of the sex industry and
prostitution in Thailand, moreover, has led
to the crime of sex trafficking to occur in
this country. The cycle of sex trafficking
itself also become worse due to the human
trafficking which involving transnational
organized crimes in Southeast Asia.
Therefore, several aspects, for instance,
economic, social and security within the
region reveal as a severe threat not only for
the country but also the stability of the
Southeast Asian region.
Interestingly, the cycle of sex
trafficking in Thailand has caused by mass
migration of migrant workers within the
Southeast Asian region. Immigrants
coming from states in which close based on
geographical proximity, for instance,
Cambodia, Laos and Myanmar move to
Thailand aiming to gain more decent
employment. Unfortunately, the most
available field of job offering in Thailand is
highly related to the sex industry (Sallee,
2012).
More significant economic
opportunity and delicate community
restriction are two main components which
attracts women in Thailand to work in the
sex industry (Niamvanichkul, 2013). The
number of hotels and leisure places provide
sex workers to boost their income. The
practice of this illegal prostitution is
through the request from the hotel guests
then the prostituted women will be
available for them (Niamvanichkul, 2013).
The more harsh reality is also proven by the
data which show that approximately
425.500 persons currently being victims of
human trafficking in Thailand (Yi, 2017). In
addition, the majority of them are women
from neighbouring countries from Laos
and Cambodia who work in the sex industry
(Yi, 2017).
Furthermore, the common practice of
sex trafficking crime, for instance,
confiscated documents, debt bondage,
fraud and physical violence also occur in
the cycle of prostitution in Thailand. It is
evidenced by the experience of a woman
from Uzbekistan who was guaranteed by
her neighbour to work in a decent job in
Thailand. She confessed that she did not
understand the detailed regarding her job
until she approved the offer then flew to
Thailand. Upon her arrival in Thailand, her
documents were confiscated and the
traffickers violated her rights by forcing her
to work in the sex industry (Kobler, 2017).
From such evidence, it is apparent that the
crime of sex trafficking in Thailand has a
contribution from the broader scale of the
world. In addition, the cycle also
commenced with the closest neighbour.
Due to the high number of people who
migrate to Thailand, this country has
become the country of destination for sex
trafficking crimes. Interestingly,
(Niamvanichkul, 2013) argue that Thailand
social norms and the ability of men to
purchase sex services, as well as the loose
of law enforcement, has attracted many
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In Thailand
tourists to come and experience sex in
prostitution are across Thailand. It is also
related to the income which can be
generated by women who work as sex
workers in Thailand (Niamvanichkul, 2013).
For such reasons, I would argue that
Thailand has a complicated situation in
dealing with sex trafficking. On one side,
the sex workers are those who work to
attain more appropriate income, on the
other hand, the typical situation also
shaped the environment of prostitution to
be acceptable to operate in Thailand.
In relations to the above, the reality
which remains exist within the sex industry
in Thailand is sexual abuses against the sex
workers. The consequence of being
trafficking to the sex industry is being
oppressed. It is argued that the nature of
prostitution in Thailand is due to the ability
of wealthy men to buy sex services of
impoverished women because the men
acknowledged that they need money and
they must obey the request of men (Pulitzer
Center, 2009). Feminist scholar Catherine
MacKinnon also points out that the sexual
abuses against sex workers in Thailand is
due to the inadequate power between the
sex purchasers and the sex workers
(Pulitzer Center, 2009). Therefore, women
subordination is undoubtedly has become
an integral part of prostitution.
Efforts to Abolish Sex Trafficking in
Thailand Since Thailand has become a
country of destination for human
trafficking-related sex tourism and
prostitution, the reputation of Thailand
Government has become critical regarding
their efforts to combat this crime. When the
state is unable to resolve the problems
related to the eradication of human
trafficking, especially the sex trafficking, the
position and condition of the country will
potentially bring criticism and action from
the international community.
As one of the signatories of the
Palermo Protocol, Thailand has shown their
commitment to combat sex trafficking with
compliance to the international agreement.
Thailand became one of the 169 countries
which agreed to obey the protocol in
preventing, penalising the perpetrators and
safeguard the victims due to their
responsibility as receiving country
(Robinson et al., 2016). In addition, the
consequence of the operation of the sex
industry within the country has put
Thailand to become the centre of
international consideration related to the
implementation of the Palermo Protocol.
Palermo Protocol is undoubtedly has
become a significant milestone as a strong
instrument in encouraging international
cooperation in combating human
trafficking notably pertaining to sexual
exploitation. In order to strengthen the
obligation of the states, the Palermo
Protocol has put the priority on sex
trafficking crimes (Robinson et al., 2016).
Meanwhile, I would argue that the vague
point in the protocol prevails debatable
among the decision makers and lobbying
group. The debate arises due to the
distinction between human trafficking
related to labour and sexual oppression.
Therefore, every single signatory must obey
the law and tackle such crime to the
maximum level to decrease the number of
victims.
Thailand has been cautioned due to its
precarious status as a part of sex trafficking
crime. Thailand’s status in combating sex
Naeli Fitria | 694
trafficking is on Tier 2 Watch List which
means that this country is attempting to
abolish sex trafficking and prostitution, yet,
remain facing gross number of victims and
not compelling enough to show the
evidence (European Court of Auditors,
2017). In addition, the peak number of
human rights violations in Thailand
regarding sex trafficking has attracted
international scrutiny. The world leaders
also remain questioning the commitment
of Thailand in tackling this crucial problem
due to its low rank in achieving progress
based on the US Tier.
In the relations to the above, Thailand
government has expressed their serious
pledge in overcoming the situation and
respecting human rights in Southeast Asian
region. In this regard, Thailand government
has taken one step ahead by ratifying the
ASEAN Convention against Trafficking in
Persons, Especially Women and Children
(ACTIP) in July 2016 (Parameswaran, 2016).
This agreement in line with the primary
instrument hereby the Convention on
Transnational Organised Crime and the
Palermo Protocol and which also concern
on the prevention, protection and the
prosecution in tackling human trafficking
related to sexual exploitation (Segrave et
al., 2017). Such strong and legally binding
agreement aims to strengthen the
cooperation between ASEAN Member
States (AMS) in combating human
trafficking notably sex trafficking both for
women and children.
The significance of ACTIP itself remains
in progress as a reflection of ASEAN human
rights protection and promotion within the
region. The ACTIP was applied since March
2017, and it means that the improvement
regarding the implementation will be
gradual to date. However, (Gallagher,
2001), a specialist on human trafficking
argue that the Palermo Protocol has
remarked as a breakthrough and one step
ahead in addressing human trafficking
crimes related to sexual exploitation. She
also believes that notwithstanding its
shortcoming, it reflects a significant
development in setting international
regulation (Robinson et al., 2016).
Notwithstanding the implementation
of set instruments and agreement in the
international stage, Thailand government
also has undertaken several legal
instruments in order to combat the cycle of
sex trafficking. Abolishing sex trafficking
has passed an extended period in Thailand,
and it has become a chronicle in addressing
this grievous crime. It is proven by the fact
that in the national level, Thailand
government has tackled sex trafficking
through several developments of
regulations, for instance, 1928 Royal
Decree on Trafficking in Women and
Children, 1921 International Convention on
Trafficking of Women and Children
(Segrave et al., 2017). However, those set of
regulations have become obsolete due to
the growth of human rights violations, the
more severe condition of the sex industry
in Thailand and undetected the cycle of the
transnational organised crime.
After constant law enforcement during
70 years (Segrave et al., 2017), Thailand
government eventually expanded the
national law in order to attain more
efficacious effect in combating sex
trafficking. The development of the
national law of Thailand in dealing with sex
trafficking, such as, the Measures in
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In Thailand
Prevention and Suppression of Trafficking
in Women and Children Act 1997 which
concern in targeting and punishing the
perpetrators. Then it was substituted with
the Anti-Trafficking in Persons Act (ACTIP
Act) which much broader than sex
trafficking itself. This law also encompassed
all forms of human trafficking including
human rights violations against migrant
workers notably in the fisheries
manufacturing (Segrave et al., 2017).
Despite the above mentions law,
Thailand government to date has
undertaken major steps in overcoming and
tackling this problem. Several endeavours,
for instance, prevention, persecution and
protection of the victims are seriously
implemented.
RESULTS AND DISCUSSION
Contribution to Radical Feminist
Perspective
The existing and perplexing debate in
international fora remains crucial for the
future of the sex trafficking problem. A
heated debate between radical feminist
perspective which concern in abolishing
prostitution and sex trafficking is still facing
a challenge from the liberal feminists view
which focuses on women liberation and
legalising prostitution and sex trafficking.
Yet, the gap between those two
perspectives exists between the ideal
stance and the implementation.
Sex trafficking as a consequence of
blind and black side of globalisation is
arguably has become an undeniable
profitable sector for the sex industry
worldwide. Data obtained by (Seckan,
2012) that since 2000 with approximately
29.210 USD have been generated from the
sex industry including the cycle of sex
trafficking and prostitution. Such
compelling income notably for countries
income has, however, resulted in the
detrimental effect on gross human rights
violations.
Several countries, for instance, New
Zealand, Australia, the Netherlands,
Germany and so on which legalised
prostitution (Bhattacharya, 2015) reflected
that sex trafficking has become the main
engine in contributing income for
sustaining economic growth in the country.
However, the reasons why those countries
attempt to liberalising sex trafficking as
what refers to the perspective of Liberal
feminist is vague since the source of the sex
workers who work in the prostitution and
sex industry are rooted from the sex
trafficking cycle (Blake, 2000). In addition,
the moral hazard which also created the
situation becomes worse is due to the
corruption by the officials.
In relations to the above, such betrayal
of the officials means that the country is
consciously violated the rights of women. It
is evidenced by the fact that the authority
or governments of the countries are
frequently not well informed regarding
statistical data even not alert to their
renown in the eyes of world leaders
(Seckan, 2012). I would argue that it has
also become unfortunate if the prostitution
and sex trafficking are not abolished
because the legalization of them means
that the corruption of the government is
also legal and permitted. Even though
liberal feminist defend that the rights of sex
workers will be well protected due to the
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government supervision, it apparently does
not eliminate the abuses against the sex
workers. It is supervised, yet, the practice
remain occurs.
The most prominent radical feminist
scholar, Sheila Jeffreys, emphasises that the
decision made by the governments of
several countries in decriminalising
prostitution is not a solution to combat sex
trafficking (Jeffreys, 2008). Jeffreys’s ideal
perspective also reflects that the existing of
the sex industry means preserving
patriarchy value in women sub-ordination
regarding the demand of men in
purchasing sex services. Women’s rights
violations, for instance, sexual assault and
physical abuses remain to prevail when the
sex workers attempt to fight against the
need of the sex buyers notably the use of
contraception. For that reason, targeting
and penalising the sex purchasers are
essential strategies to undertake. (Cho,
Dreher and Neumayer, 2013) reported that
as a country which abolishes prostitution
and the sex industry, Sweden has
implemented a strict law in punishing the
sex buyers. The operation of the law namely
the Act on Prohibiting the Purchase of
Sexual Services was executed in 1999
(Blake, 2000). Such finding has shown that
since 2000 the number of prostitution has
been decreased in Sweden up to 50% from
2.500 prostitutions to 1500 (Cho, Dreher
and Neumayer, 2013). However, in this
particular case, instead of facing the
resistance from the society to caught and
warn the sex buyers within the prostitution
area, applying the law and strict regulations
in Sweden becomes the most effective
strategy in decreasing the demand and
making sex industry becomes less
attractive is effective. The law enforcement
in Sweden has depicted that national law
has power in punishing the sex buyers
through giving significant amount of fine.
This success also contributed by the police
officers who caught then penalise them.
Moreover, a complicated stance in
feminist debates in combating sex
trafficking is the “human rightsvalue. This
domain seems to unresolved debate.
Liberal feminist pleads for the idea that
being sex workers is a freedom of choice
and every person should respect that right.
Contrastingly, even though women
decided to be sex workers and working in
prostitution, human rights violations
including sexual abuses and physical force
remain to exist pertaining to women
discrimination when they cannot fulfil
men’s need. Legalizing prostitution at the
same time means smoothing the crime of
sex trafficking and the women
subordination within the sex industry
means that women are discriminated.
In relations to the above, I would argue that
human rights cannot be simplified merely
as a freedom of choice for women. The
explanation of the importance of human
rights in abolishing prostitution seems
rarely discussed. Criminalizing of sex
purchasers and the perpetrators including
brothels and pimps as well as treating sex
workers as victims is often misunderstood
as repression of human rights. However,
such argument apparently equivocal since
the sex trafficking and prostitution
themselves are obviously forms of human
rights violations.
As an additional point, I would suggest
that radical feminist perspective is possible
to be more appealing if the domain of
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human rights has an unequivocal position.
The explanation should encompass all
aspects of protection of women because
endeavour to abolish prostitution and sex
trafficking also uphold human rights value
in respecting women’s dignity. One of the
most fundamental value is protecting
women’s chastity by avoiding them to be
sex workers. (Doezema, 2002) argue that
for the sake of protecting their honour and
virginity, women are conscious not to work
as sex workers. By working as prostituted
women, they are trapped in sub-ordination
and discriminated system which more
preserve men’s domination (Doezema,
2002).
Human rights realm will always be
contested and complicated because there
is no universal agreement in dealing with
prostitution and sex trafficking. However,
the attempts of the international
community through signing and ratifying
several influential conventions by all
accounts signify human rights protections
for women. Align with the Palermo
Protocol, the Convention on the
Elimination of All Forms of Discrimination
against Women as a part of principal
instrument in abolishing prostitution and
sex trafficking also aiming to respect
women’s pride and dignity (United Nations
General Assembly, 2017). Such passed
agreement urge all states to undertake all
possible strategies to combat sex
trafficking for sexual exploitation (United
Nations General Assembly, 2017).
Thus, the justifications mentioned
above are consequential for strengthening
stance against prostitution and sex
trafficking mainly pertaining to echoing
human rights value in protecting and
respecting women. In addition, several
explained strategies and the implications in
decreasing number of prostitution and sex
trafficking has shown that the abolishing of
such crimes has resulted in the positive
outcome.
Policy Implementation in Combating
Sex Trafficking
It is irrefutable that socio-cultural
factors contribute to the success of policy
implementation at the national level. As a
part of parties who ratified and
implemented the international agreement
in abolishing prostitution and sex
trafficking, the operational and
enforcement of the law in Thailand also
facing shortcoming and challenges. As a
paradise for tourism destination, Thailand
has served its best to entertain all the
tourists and foreigners. However, human
rights violations as a consequence of the
existence of the sex industry revealed and
threatened the rights of migrant workers
there.
The operation of the sex industry in
Thailand has attracted international
attention to take actions in combating sex
trafficking as the main lane in supplying sex
workers to work in the sex industry. One of
the major influential factors which has led
women in Thailand working in the
prostitution sector is the value of the
society. It is worth noting that prostitution
is acknowledged and permitted by the
society. Women in Thailand should have
self-esteem before they have a spouse
through prostituting themselves, so that,
they are capable of getting married
(Niamvanichkul, 2013). In addition, the
practice of the local norm in Thailand in
Naeli Fitria | 698
which women work as sex workers will be
paid if they can do their job accordingly, so
that, the society accepts them because they
are able to generate income for themselves
(Niamvanichkul, 2013). The situation also
becomes worse due to the practice of Mail
Order Brides in which the perpetrators
purchase the women to be sex workers and
remunerate the money to their parents and
retailers (Niamvanichkul, 2013). Therefore,
the local value remains challenging and
becomes a burden for policy
implementation.
In relations to the above, it apparently
that Thailand government will constantly
face friction with the local belief of women
self-esteem through prostituting them in
the sex industry. (Tarancon, 2013)
suggested that endeavours of Thailand
government in creating parent awareness
pertaining to the severe risk of prostitution
and sex trafficking should be maximised. In
addition, the role of media is absolutely
fundamental in echoing the consequence
of prostitution and sex trafficking especially
targeting young people as the audience. A
television program, for instance, “MTV’s
End Exploitation and Trafficking (EXIT) has
been transmitted across Thailand
(Tarancon, 2013). She also found that such
step remains protracted in creating a more
positive atmosphere to abolish sex
trafficking and prostitution. Therefore,
integrated cooperation both Thailand
government and local media should be
strengthened since press or media also
require freedom and protection from the
government in reporting the sex industry
and echoing justice message to the
international community.
Interestingly, the government of
Thailand is also reinforcing national law and
regulations by involving airlines. (Yi, 2017)
found that since Thailand has a position as
Tier 2 Watch List based on the government
performance in combatting human
trafficking for prostitution purposes,
Thailand government has bolstered their
commitment and cooperation. It is
evidenced by the strategy in echoing and
campaigning the consequence of human
trafficking by targeting the tourists. In
addition, warning and caution board
“Human Trafficking is Illegal and Destroys
Our Countryare also promulgated in the
airport mainly in Suvarnabhumi Airport as
the main gate to enter Thailand as well as
raising passenger awareness through the
in-flight video before landing in Thailand
(Yi, 2017).
In relations to the above, the airline has
become the central prevention doorway in
preventing people to be trafficked. (Patrick,
2018) observed that the campaign called
#EyesOpen created by the International Air
Transport Association (IATA) has been
spread in social media as a part of the
global effort in combating human
trafficking between stakeholders, airline
staffs and passengers. Such strategy seems
become a milestone and marked as one
step forward due to the role of airline and
flight staffs are crucial in avoiding
passengers who possibly are trapped to be
the victims of human trafficking as well as
protecting them from the feasibility of
deportation and criminal conviction.
Moreover, regarding the steps in
abolishing prostitution and combating
human trafficking, for instance, prevention,
protection and persecution, the Thailand
government’s performance remains
699 | Examining Feminist Perspective In Abolishing Sex Trafficking Case Study: Sex Trafficking
In Thailand
delicate. (Human Rights Watch, 2017)
reported that Thailand still deteriorated
concerning effective policy implementation
in abolishing prostitution and human
trafficking. The observation proves that
migrant workers in Thailand remain
experience violations and trafficking both
by the perpetrators and fraudulent
government officials. In addition, the
endeavours to end such kind of modern
slavery were prevail inadequate (Human
Rights Watch, 2017).
Another observation by (Human Rights
Watch, 2017) also revealed that migrant
workers feel scared in reporting their cases
to the officer. Such burden remains occur in
Thailand due to futile protection (Human
Rights Watch, 2017). Therefore, I would
argue that the protection scheme and
strategy formed by the government
apparently ideal and ambitious, yet, the
implementation and the field report remain
are contrastive. It might also be the
influence of the law enforcement personnel
and knowledge regarding protecting the
victims is unsupervised, or even they
neglect the above mention fact.
In terms of international agreement
compliance, the dynamic and instability
remain embedded in the real field. (Reyes,
2015) reported that the Thailand
government has obeyed the international
agreement namely 1996 Prevention and
Suppression of Prostitution Act to abolish
the prostitution and sex entertainment. The
authority penalises the brothels for 20.200
baht ($555), and they will be detained up to
ten years. Heated debates also occur
among the government in order to
decriminalised both sex workers and sex
purchasers (Reyes, 2015). However, there is
no agreement from the debate. Yet, the
government remain to abolish prostitution
and at the same time, nothing can control
the expansion of the sex industry and sex
entertainment in this country (Reyes, 2015).
In addition, (Gugić, 2014) the shortcoming
of targeting the purchasers and the
perpetrators also due to the connection
between them with the family members of
the sex workers or victims who benefited
the income. Therefore, this more complex
cycle of sex trafficking in Thailand has
reflected the undeniable factors from the
closest people around the women or sex
workers. This tranquil reality also
apparently will become a significant barrier
for the policy implementation except if the
police officers are able to act forcefully
even though its related to family members.
Therefore, the operation and
implementation of Thailand government as
explained above remain to require more
critical assessment. The real condition of
victims and the cycle of sex trafficking and
prostitution in Thailand has put this country
in more serious human rights violations. In
addition, the examination of the human
rights condition within the region of
Southeast Asia since the sequence and lane
of the perpetrators not merely exist inside
the country but also outside.
In examining the existence of sex
trafficking and prostitution in Thailand, I
would suggest that the influence of the
rooted theory, for instance, post-
colonialism and poststructuralism has
shaped an argument that this crime is
inevitable. Migrating to another country, in
this case Thailand, for the sake of getting
decent income and better employment has
become a characteristic of women
Naeli Fitria | 700
originated from colonised countries. It is
evidenced by the fact that
poststructuralism theory highlights that it is
common for women to do so since they
experienced suppression due to
colonialism as their countries historical
background and discrimination (Hinger,
2010). In addition, I would argue that
abolishing the sex trafficking and
prostitution in Thailand which remain
highly essential will still face friction.
Radical feminist understanding in
attempting to abolish such crimes will face
continuously face unresolved cycle notably
when it needs to be implemented
accordingly in the field.
In the relations to the above, efforts in
abolishing sex trafficking also will
encounter the hegemony of global
economic capitalism which resulted in
preserving the sex industry itself. It is
proven by the fact that sex trafficking is a
form of new imperialism in which poverty
cannot be seen as a single factor which
triggered women to work as sex workers. It
is even more is acknowledged as a normal
impact of global capitalist system (Reinares,
2014). Therefore, I would suggest that the
correlation with post colonialism view’s in
addressing sex trafficking should put into
consideration and concern to create more
implementable strategy in abolishing sex
trafficking.
Human Rights Development in
Abolishing Sex Trafficking in Southeast
Asia
It is argued that the 1948 Universal
Declaration on Human Rights (UDHR) has
become a referral instrument for the
implementation of human rights around
the world. It is also often assumed that
human right is possible to be universal or
culturally relative which is rooted from local
values and norms. Yet, it should be agreed
that in abolishing prostitution and sex
trafficking which resulted in gross human
rights violations the perception of human
rights should be universal. In international
fora, debates in addressing human rights
cases prevail exist. Therefore, it is
indispensable to scrutinise the different
capacity building of the countries in dealing
with this misfortune.
Prostitution and sex trafficking in
Thailand which has become an
international spotlight is arguably because
of the powerless and protracted
development of human rights in Southeast
Asia. To date, with approximately only four
countries, for instance, Indonesia, Malaysia,
the Philippines and Thailand have a
national human rights institution
(aseanhrmech.org, 2007). I would criticize
that such a milestone depicted the reality
that Southeast Asian remain in ongoing
progress to be settled in implementing
human rights value in the region. This
development apparently also demands
stronger commitment from other member
states due to the urgency of human rights
protection. It is because the major influence
country, for instance, Singapore and Brunei
Darussalam are not taking a part to be
solemnly combating transnational
organised crimes. The circumstances,
however, has reflected that upholding
human rights body within national
boundaries for the rest of ASEAN member
states remain not necessary notably for
those aforementioned two major countries.
For that reason, it seems slightly common
701 | Examining Feminist Perspective In Abolishing Sex Trafficking Case Study: Sex Trafficking
In Thailand
for the countries which do not respect
human rights as one of the caused human
rights violations prevail exist within the
region.
In dealing with human trafficking issue
particularly sex trafficking and sexual
exploitation within Southeast Asian
boundaries, the human rights body namely
ASEAN Intergovernmental Commission on
Human Rights (AICHR) has become a
breakthrough for human rights
development in ASEAN. AICHR which was
established in 2009 has reflected the
progress of ASEAN’s commitment to
tackling human trafficking problem
seriously (aichr.org, 2012). As a part of the
strong commitment in combating sex
trafficking cycle in Southeast Asia, AICHR
has pioneered the ASEAN Convention
Against Trafficking in Persons (ACTIP)
Especially Women and Children which
already entry into force in 2015 (ASEAN
Secretariat, 2017).
Moreover, it is argued also that the
compelling point of ACTIP is due to its
legally binding instrument. (Yusran, 2018)
points out that the creation of ACTIP should
be regionally since its dealing with
transnational organized crimes in the
region. Such a way is also undertaken in
order to strengthen the cooperation and
consensus as the “ASEAN Way to be
enforced accordingly. Therefore, to
implement effective and targeted policies
and agreement, ACTIP is designed to
ensure that all ASEAN member states
comply with and adhere to the prevailing
rules and respect the promotion and
protection of human rights in the region.
Another interesting value from ACTIP
is because this legally binding agreement
has reflected the strategy in abolishing
human trafficking notably for sexual
exploitation. (Yusran, 2018) argue that
ACTIP is an agreement under two main
umbrella of ASEAN that is Human Rights
and Security. Reflecting that this agreement
will serve as a guard for targeting and
punishing the perpetrators while at the
same time undergoing functions as well to
protect victims of human trafficking. In
addition, this progressive regional legally
binding agreement has also become a
translation of embodiment of international
agreement along with the United Nations
Convention against Transnational
Organized Crime and the TIP Protocol due
to the constant growth of the crimes as well
as the victims of human trafficking in
Southeast Asia (Yusran, 2018). However,
such milestone which has been achieved by
the ASEAN apparently becomes a
significant endeavour of ASEAN in
bolstering its bargaining power in the
international stage. Such reason is due to
the insignificance of ASEAN’s power in
international fora and its slow progress in
human rights development.
The more unequivocal advancement of
ACTIP also proven in its operation of the
instrument. It is proven by the distinction
made in the agreement which altered with
the TIP Protocol to merely urge the
signatory states to deem in giving support
and facilitation for the victim protection. It
has been transformed into more clear
instruction that the states must compel the
agreement to take care of the human
trafficking victims (Yusran, 2018).
Notwithstanding the progress which
has been achieved by ASEAN in designing
ACTIP, the protracted process of ratifying
Naeli Fitria | 702
and implementing the ACTIP remain
questionable. I would argue that the
constant movement of other ASEAN
member states is because of the influence
of AICHR’s role as an overarching body of
human rights in ASEAN. In one side, AICHR
has moved one step forward to the
promotion and protection of human rights.
On the other hand, (Munro, 2011) points
out that unfortunately AICHR only becomes
an institution in which the mandate merely
to set the guidelines and not able to receive
a report or complaint of human rights
violations.
In relations to the above reason, it
apparently that the coverage realm of
AICHR in enforcing human rights remain
limited. It is also affected due to the
character of ASEAN namely non-
interference. The style that reflects the
value to respect the sovereignty of other
countries precisely in the realm of its
practice becomes a major obstacle mainly
in dealing with human rights problems.
(Yusran, 2018) points out that the loose
point of ASEAN in preserving such value
has resulted in a more vulnerable situation
of human rights development due to each
member state should solve their domestic
problem individually.
Thus, shortcomings mentioned above
of the ASEAN human rights body notably
AICHR has reflected that the further major
change and improvements should be done
in order to address human rights problems
in Southeast Asia accordingly.
CONCLUSIONS
The contribution of two influential
feminist perspectives both liberal feminist
and radical feminist has affected the
policymakers around the world in
addressing sex trafficking problem.
Contested debate remains exist due to the
dispute concerning human rights value
either to echo freedom of choice for
women to be sex workers or abolish the sex
industry itself which has trapped a high
number of women to be the victims of sex
trafficking.
Liberal feminist perspective which
struggle for women’s rights to be sex
workers is apparently vague since the
practice of prostitution has resulted in
sexual abuses against women. In addition,
the operation of prostitution itself means
preserving women subordination and men
domination. The rational choice of women
to work in the sex industry also becomes
the primary argument of liberal feminist.
The rooted theory, for instance,
postcolonial feminism which highlighted
that women originated from colonised
countries are inevitable to migrate and face
the cycle of sex trafficking since they
situation which embedded the country has
forced them to seek for decent work. In
addition, poststructuralist feminist also
countering liberal feminist perspective in
which seeing freedom of women to be the
sex workers. The autonomy of women has
been misused due to the sexual abuses and
physical violence which exist both in the
cycle of sex trafficking and prostitution.
Radical feminist furthermore has
attempted to echo the rights of women to
escape from the prostitution and the cycle
of sex trafficking. Radical feminist has
achieved significant movement
internationally through influencing the
debate and lobbying in the international
703 | Examining Feminist Perspective In Abolishing Sex Trafficking Case Study: Sex Trafficking
In Thailand
for a which resulted in the agreed
international agreement namely the
Palermo Protocol.
The Global Alliance against Trafficking
in Women (GATW) has influenced countries
in the world to combat sex trafficking and
to abolish prostitution.
Moreover, the implementation of the policy
in the country which abolishes sex
trafficking and prostitution is apparently
challenging. Taking Thailand as the case
study, the deficient of this country has
revealed since the local norms accept and
acknowledge that women who work as sex
workers are normal. In addition, a more
severe condition which occurs is that the
perpetrators and the family of the sex
workers have a connection in benefiting
income from their job. Regarding
protection and persecution, Thailand has
shown that the law enforcement is still
loose.
As a part of the country in Southeast
Asia in which this region prone to be the
most vulnerable area of sex trafficking,
Thailand has complied with the regional
agreement namely the ACTIP. This
milestone of the ASEAN human rights
development has reflected its commitment
to align with the Palermo Protocol.
However, the real condition of protracted
progress of ASEAN mainly AICHR has
obviously shown that protection and
promotion of human rights in this region
remain premature.
Therefore, the more appropriate
strategy along with the goal of radical
feminist in abolishing sex trafficking is
urgently required. The suggestion for
Thailand government is to cooperate
stronger with relevant stakeholders,
increasing funding to protect and promote
human right both in national and regional
level as well as educating local people to
understand the dangers of sex trafficking
and stronger law enforcement in penalising
the perpetrators through collaborating
with airlines and harbour. Thus, it would be
more appealing for further research if the
position of radical feminist in abolishing sex
trafficking will be suitable for the
implementation in real life. Further research
also needs to positioning unequivocal
stance, so that, the reasons for abolishing
sex trafficking will be unquestionable.
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