Social_justice_for_sex_trafficked_female.pdf - Edith Cowan...

Unformatted text preview: Edith Cowan University Research Online Theses: Doctorates and Masters 2018 Social justice for sex trafficked females and sex workers in Jordan Nora Tawfiq Samoudi (Dekaidek) Edith Cowan University Recommended Citation Samoudi (Dekaidek), N. T. (2018). Social justice for sex trafficked females and sex workers in Jordan. Retrieved from This Thesis is posted at Research Online. Theses Edith Cowan University Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorize you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Where the reproduction of such material is done without attribution of authorship, with false attribution of authorship or the authorship is treated in a derogatory manner, this may be a breach of the author’s moral rights contained in Part IX of the Copyright Act 1968 (Cth). Courts have the power to impose a wide range of civil and criminal sanctions for infringement of copyright, infringement of moral rights and other offences under the Copyright Act 1968 (Cth). Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. SOCIAL JUSTICE FOR SEX TRAFFICKED FEMALES AND SEX WORKERS IN JORDAN This thesis is presented for the degree of Doctor of Philosophy Nora Tawfiq Samoudi (Dekaidek) Edith Cowan University School of Business & Law 2018 I USE OF THESIS The Use of Thesis statement is not included in this version of the thesis. Declaration I certify that this thesis does not, to the best of my knowledge and belief: (i) incorporate without acknowledgement any material previously submitted for a degree or diploma in any institute of higher education; (ii) contain any material previously published or written by another person except where due reference is made in the text; or (iii)contain any defamatory material Signed: . .............................................. Dated: 16-03-2018 III Acknowledgements I thank the Australian Government for granting me an Australia Awards scholarship to enrol in a PhD at an Australian university. Australia Awards grant scholarships to scholars from different countries including my country, Palestine. I thank them for giving me the opportunity to do postgraduate research dedicated to advancing feminist criminal justice research in the Middle East. I also thank the Jordanian Government and other agencies that work together to combat trafficking of persons, for assisting me in interviewing service providers in Jordan. I also thank the Minister of Economic and Social Development for allowing me to do the interviews that were essential for my research. I thank civil society institutes and clinics, including service providers for agreeing to participate in this research. Although my research analyses whether the protection of sex-trafficked victims in Jordan is appropriate or not, I must acknowledge the Jordanian Government’s efforts to amend their laws, and develop their policies for abolishing sex trafficking and human trafficking crimes. I particularly thank the seven interviewees who gave me information that formed the basis of my thesis. I would like to express my gratitude to my supervisors Dr Ann-Claire Larsen and Dr Margaret Giles for their exceptional support. I would like to say many thanks to Ann-Claire Larsen for her trust in my abilities, and for supporting me in how to write better research; as Ann-Claire was continuously assisting me and guiding me through my experience for the last four years by giving me constructive feedback. I also thank Margaret Giles who has given me brilliant feedback on my chapters; I also thank her for her appeal on my behalf for the School of Arts and Humanities to sponsor the tuition and fees for the second semester 2017. I would also like to thank Dr John Hall, the writing consultant of the School of Business and Law, for his valuable feedback on earlier drafts of my qualitative research. I appreciate his arranged postgraduate students’ gatherings for discussing our research experiences. I would also like to acknowledge his guidance in doing social science research. I thank Josephine Smith – WordSmith WA - for her valuable feedback and editorial comments on a draft of my thesis. I would also like to thank Edith Cowan University and its community, including the ECU Women’s Community, the Student Connect officers and Student Activities for their support. IV Many thanks are extended to every staff member at the School of Business and Law, particularly in the law school for welcoming me as part of the academic research community. Thanks also extend to my loyal friends and colleagues who were my second family in Australia, I thank Vanessa Uiari, Layla Al Hameed, Mayyada Mhanna, Phyllis Ngugi, Shwe Zin Ko, and Nadia Chubko. I acknowledge the importance of having colleagues and friends to discuss our doctoral research, and help each other along our academic journey. Finally yet importantly, I would like to thank my husband, Bader, who supported me along my journey. I acknowledge his help, as he was my guardian-gatekeeper; he accompanied me during my data collection in Jordan. I acknowledge his efforts and patience through my journey; he waited in Palestine for me for almost three years, until I finished my studies. I am proud of him and thank him from all of my heart. He was my rock during my studies and enabled me to do research considered too sensitive for an Arab female to perform. V Published conference paper Nora Samoudi and Ann-Claire Larsen, ‘Exploring feminist concerns in a cultural context: The voices of service providers for sex trafficked females in Jordan’ (Paper presented at 3rd KANITA Postgraduate International Conference on Gender Studies, Malaysia, 16-17 November 2016) 317. < > VI ABSTRACT This thesis explores social practices, policies and laws constituting criminal and social justice approaches to providing services and amenities for the sex trafficked females in Jordan. As the discussion of sex trafficked females overlaps with sex workers, this research explores the human rights of both groups who experience different forms of gender-based violence. To understand the protection, care and support that Jordan provides, I interviewed seven service providers offering protection for victims of sex trafficking. Also, I analysed the semiprohibitionist Jordanian Penal Code and the Human Trafficking Legislation that criminalise sex trafficking perpetrators and sex-related actions. This research relies on insights from intersectionality theory to enquire into how better to protect and support women who face intersecting social disadvantages and the threat of honour-based killing that impede them from accessing social and criminal justice. This thesis explores three themes, cultural context, feminism and human rights, and argues for social justice for sex trafficked victims and sex workers including those who neither want to exit sex work nor raise a complaint to the administrators of criminal justice. This thesis found that sex trafficked victims and sex workers were not offered appropriate assistance as the service providers were disempowered. It also found that failure to understand honour and morality reinforces the stereotyping of sex workers. VII Abbreviations and frequently used terms 1. Abbreviations CEDAW: Convention on the Elimination of all Forms of Discrimination Against Women CID: Criminal Investigation Directorate (Jordanian Criminal Justice Administration) CTU: Counter-Trafficking Unit (Jordanian Criminal Justice Administration) CDA: Critical Discourse Analysis DHAA: Disorderly Houses Amendments Act GR: General Recommendation HREC: Human Research Ethics Committee HTL: Human Trafficking Legislation (Jordanian legislation) IDF: Ideological-Discursive Formation ICCPR: International Covenant on Civil and Political Rights IHRL: International Human Rights Law ILO: International Labour Organisation JPC: Jordanian Penal Code LEC: Land and Environment Court MENA: Middle East and North Africa MOU: Memorandum of Understanding MSED: Ministry of Economic and Social Development NGO: Non-Governmental Organisation NSW: New South Wales UK: United Kingdom UN: United Nations UNODC: United Nations Office of Drugs and Crime UNGA: United Nations General Assembly UNSG: United Nations Secretary-General US: United States of America WA: Western Australia 2. Short titles VIII Bill of Human Rights: Bill stands for three international documents; they are the International Covenant for Civil and Political Rights, the International Covenant for Economic Social and Cultural Rights and the Universal Declaration of Human Rights. Trafficking Protocol: United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crimes. Trafficking Principles and Guidelines: Recommended Principles and Guidelines on Human Rights and Human Trafficking. 3. Glossary of terms Arabic terms from findings and analysis Al sett el kebireh: The old grandmother, the head of a matriarchal order. The woman who has married sons and grandchildren, and she advises her sons and grandchildren in family matters. Ardh: Physical honour Baghaa’: Prostitution Baghiya: Prostitute Bint\banat: In the Arabic language, bint means a young girl; in customs and traditions of the Middle East, bint is a virgin, regardless of age. Banat is plural of bint. Dallaleh\khattabeh: A marriage broker. A dallaleh or a khattabeh is a cultural nickname given to an old women who is knowledgeable about single females in a city or village; she provides the assistance for the future husband or the future mother in law in looking for a bride. The assistance in looking for a bride is either in return for money or for free, depending on the customs in her town, village or country. Hassab: The good prestige of a family or tribe. The prestige may reassemble the number of males, money, honour and reputation. Hijab: An Islamic dress that is worn by Muslim women, which covers her body excluding the face and hands. Kafeel: A sponsor. Kafeel may refer to any person including a working agent who sponsors the migrating worker in another country. The sponsor may also have the duty of requesting the visa arrangements for the foreign worker. Kholo’a: A petition made by the wife who requests a divorce from her husband. For the divorce to take effect, the woman is ought to return the given mahur. Maghreb: Sunset Mahur: A value or a gift given to the bride upon marrying her. The customs of a village city or country defines the customary rules regulating the amount of mahur; however, the bride and her family has the right to decide the value of the mahur. IX Mara: In certain Arabic dialects in the Middle East, mara refers to a mature woman. It is also used to describe any female who lost her virginity before or after marriage, regardless of her age. Mo’akhar: The part of mahur that is usually not due to be paid upon marriage. The husband is not obliged to pay the mo’akhar unless requested by the wife or upon husband’s divorce of his wife. The Mo’akhar is a custom that was established to keep the wife married and avoid divorce. Mojalaset al zaba’en: sitting with the customers. It refers to the artists working in a nightclub or a cabaret by sitting with the customers of the nightclub as a form of work. Nafaqat: in Arabic language, it means expenses or stipend. In Shariaa’law, it refers to the stipend that the husband ought to provide his wife and his sons\ daughters who are under the age of 18. The Nafaqat is a Shari’a law term used in courts to refer to a request made by the wife against the divorced ex-husband to provide a stipend for their sons and daughters. Orfi: Soft law, or customary law. This thesis refers to the orfi marriage, which is the marriage that is unwritten or unapproved by civil or religious courts. Seegha: The golden jewellery given to the bride as part of her mahur. Sharaf: Honour\reputation. Sharif: An honourable man. Sharifa: An honourable female. Sharafha: Her honour. Sheikh: An old man or a religious leader. In this thesis, it is a name of a person who is authorised by the Sharia’ Courts to arrange legally binding marriages for Muslims. Wasmest al ‘aar: The mark or the stigma of shame. English terms In the following, I included terms that were explicitly used to have a particular meaning for this thesis. Artist: in this thesis, the artist refers to women that work in nightclubs, belly-dancing cabarets by providing dancing acrobats and other sexual commodities for clients attending the nightclub or cabaret. Anti-categorical: an approach to analyzing the intersections of discrimination, by deconstructing the categories of discrimination, and reconstructing the understanding of discrimination from the studied context. Arab Gulf: Arab Countries located in the Arab Gulf region. Actus reus: Actions of the perpetrator, which complete the other elements of a crime. Cabaret: in this thesis, a cabaret refers to the artists, which perform belly-dancing for customers. Belly-dancing cabarets are popular in countries of the Middle East. X Dar al baghaa: house of prostitution, known in English as a brothel. Deception of good intention: it refers to the act of misleading or tricking a female, by claiming that a person is willing to marry her and love her. Good intention to marry: The intention of a lover or a fiancé to marry a girl. Hospitality establishment: The hospitality establishment stands for the hospitality premises that I stayed at in Jordan. I prefer not to define whether it was a hostel, a motel, a hotel or short-stays apartments for confidentiality. Nightclub: in the cases study, a nightclub refers to a bar, a nightclub or a belly dancing cabaret, used to entertain the customers. Entertaining the customers may include belling dancing, acrobat or other intimate relationships with the females who work at the nightclub. Service Providers: Government or non-government persons who supply victims of genderbased violence and sex trafficking with amenities, sheltering options counselling services for helping them exit the exploitative environment. The services may include health, social, psychological, legal, financial services. The service providers may include criminal justice staff that provide protective measures and rescue missions. Sex worker: a sex worker in the cases study refers to women and girls who work in the nightclub industry, brothels and private premises for providing sexual services. Sexual services are not limited to sexual intercourse; it may also include sitting with the customers, kissing, stripping or other sexual entertainment to be provided for the customers of nightclubs or brothels. Sharia’ Courts: are Jordanian courts that enforce the Jordanian Personal law (family law). Shari’a courts regulate family matters of Muslims, including matrimonial regulations, custody, fostering, heritage and wills. Summer marriages: temporary marriages that are usually popular in the summertime. The temporary marriage is a contract between the temporary groom and the parents of the bride, the bride, the marriage broker, or the pimp. The groom pays an amount of money in return for marrying the bride for a few days, weeks or months. The purpose of the temporary marriage is to avoid social scrutiny or prosecution for sex outside marriage. XI I CONTENTS Acknowledgements ............................................................................................................... IV Published conference paper ................................................................................................. VI Abstract ................................................................................................................................. VII I Introduction .................................................................................................................... 15 Introducing the research and its significance to Jordan ................................................ 18 Thesis question and the scope of research .................................................................... 28 Introducing the Qualitative Methodology..................................................................... 31 1 Triangulated methods of data collection ................................................................... 37 2 Explaining how the information was analysed ......................................................... 70 B Summary........................................................................................................................... 75 II Arab Discourse on Women: Intersectionality as a Framework ................................. 80 A The Arab-women context ................................................................................................. 80 1 The code of honour and honour killing ..................................................................... 80 2 Criminal Justice Approaches to Prostitution and Sex Trafficking Crimes in Arab contexts ............................................................................................................................. 91 B Approaching Feminist Concerns: Introducing Intersectionality .................................... 101 Summary ..................................................................................................................... 112 Human Rights are Women’s Rights: Sex Trafficking Victims and Sex Workers 114 III Human Rights Law treaties on the rights of women and sex trafficked victims and the obligation to protect ........................................................................................................... 120 Effectiveness of Human Rights and Trafficking Treaties ........................................... 145 Summary ..................................................................................................................... 149 IV Feminism, the Sex Work Debate, Sex Trafficking and Gender-Based Violence 151 The sex work debate ................................................................................................... 151 1 Legal Reform of Sex Work in Light of the Sex-Work Debate ............................... 162 Governing and Policing Sex Work and Domestic Violence in Light of Criminal and Social Justice Approaches .................................................................................................. 171 1 Administrating and mediating justice ..................................................................... 172 XII 2 The stigma of identification as victim ..................................................................... 175 3 Can sex trafficking be related to domestic violence? .............................................. 175 Revisiting the sex work and sex trafficking debate .................................................... 178 Summary ..................................................................................................................... 179 V Legal Discourses on Female Victims and Offenders in Jordan: A Kind of Double Jeopardy................................................................................................................................ 181 A Introduction .................................................................................................................... 181 B Crimes that Breach Morality and Public Decency ......................................................... 186 C Sex Work Related Crimes ..........
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