DISCUSSION: New Ukrainian Law

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Jyothi Kanics (jkanics@igc.apc.org)
Mon, 27 Apr 1998 07:10:24 -0700 (PDT)

Dear List,

We will be very interested to see how many convictions this new law
actually results in.

We also are concerned that someone who consents to travel to another
country for the purpose of taking part in a pornographic movie or sex work
will now be a "trafficked" person.

The partner, friend or business associate that facilitates such consensual
travel can be subjected to severe penalties. This can easily create a
scenario where anyone with a conviction for prostitution or other related
offense could not travel abroad in the company of any other person, in case
such a person might be accused of "trafficking" them, furthermore
authorities will be able to presume a right to prevent sex workers from
leaving the Ukraine so as to prevent possible "trafficking".

Ukrainian women travel to Budapest on a regular basis to take part in legal
pornography video productions. Pornographic movies are not illegal in many
parts of Europe, so for the Ukrainians to make it illegal for agents to
recruit women who consent to participate in such productions is moralising
nonsense. It just criminalises the processes that surround consensual
migration for sex work, and causes women to associate with people willing
to risk several years in prison rather than allowing the women to easily
engage with open agents or legitimate foreign businesses.

The articles as regards coercion have merit, but will be difficult to
enforce. We believe that coerced migration can best be dealt with by
offering support and acceptance for victims in receiving countries. If
victims could be given support and incentives to seek assistence in
receiving countries it could prevent coercion from being profitable and
thus it would no longer be sustainable.

If arrested or detained migrant sex workers could be interviewed by local
authorities and given viable alternatives to deportation in exchange for
evidence against coercive traffickers, there would be more prosecutions. At
present they are often just fed back into the system by being returned to
their country of origin. Removing a women from the sphere of influence of a
coercive group is a severe financial loss to the group, keep doing it and
you will start to make coercion unprofitable and increase the risk of
prosecution in the country that the coercive group wants to be able to live
and work.

Which Ukrainian pimp in Germany cares if he is wanted in the Ukraine ?
Being wanted in Germany ... that is a problem.

Best regards

John Davies
Salamon Alapitvany.

text from previous message:

In particular, there is a new version of Article 124(1) in it, "Trafficking
in people":
Open or hidden power over a person, connected with the transition of that
person, with or without his or her consent, over Ukrainian border, or
without it, with subsequent trafficking, or any other paid transition of
the person, with the intention to exploit him or her in sex business, porno
business, crime,
claiming debts, adoption with the intention of getting financial revenue,
using the person in armed conflicts, exploitation of his or her labour -is
prosecuted by imprisonment for the term of up to eight years, with or
without the confiscation of personal possessions.

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