Showing posts with label Trafficking. Show all posts
Showing posts with label Trafficking. Show all posts

Wednesday, July 13, 2016

2015 TRUST WOMEN ACTION: "TrustLaw Litigation for Trafficking"

2015 TRUST WOMEN ACTION: "TrustLaw Litigation for Trafficking"

Whoa this is so cool!!!

See video of the presentation here:
http://www.trustwomenconf.com/actions/i/?id=642109e0-e8fc-4235-b2f7-6faec4e3ed18&utm_medium=email&utm_campaign=TWC%20Actions%20Update&utm_content=TWC%20Actions%20Update+CID_01ad98f0637e79db5e4ce63222cd9665&utm_source=Campaign%20Monitor&utm_term=TrustLaw%20Litigation%20Hub%20for%20Trafficking%20and%20Modern%20Slavery

Or here: https://youtu.be/8VF-4BNTIRI

Presented by Martina Vandenberg - Founder and President, The Human Trafficking Pro Bono Legal Center

Summary: A hub bringing together lawyers and NGOs in the fight for justice by enabling advocates to share best practices in anti-trafficking litigation.



Monday, May 9, 2016

[NYT] Should Prostitution Be a Crime?

To read the entire article and see related photos and videos, go to: http://nyti.ms/26WF0wG


Should Prostitution Be a Crime?
A growing movement of sex workers and activists is making the decriminalization of sex work a feminist issue.

By EMILY BAZELONMAY 5, 2016

Last November, Meg Muñoz went to Los Angeles to speak at the annual West Coast conference of Amnesty International. She was nervous. Three months earlier, at a meeting attended by about 500 delegates from 80 countries, Amnesty voted to adopt a proposal in favor of the “full decriminalization of consensual sex work,” sparking a storm of controversy. Members of the human rights group in Norway and Sweden resigned en masse, saying the organization’s goal should be to end demand for prostitution, not condone it. Around the world, on social media and in the press, opponents blasted Amnesty. In Los Angeles, protesters ringed the lobby of the Sheraton where the conference was being held, and as Muñoz tried to enter, a woman confronted her and became upset as Muñoz explained that, as a former sex worker, she supported Amnesty’s position. “She agreed to respect my time at the microphone,” Muñoz told me. “That didn’t exactly happen” — the woman and other critics yelled out during her panel — “but I understand why it was so hard for her.”

Muñoz was in the middle of a pitched battle over the terms, and even the meaning, of sex work. In the United States and around the globe, many sex workers (the term activists prefer to “prostitute”) are trying to change how they are perceived and policed. They are fighting the legal status quo, social mores and also mainstream feminism, which has typically focused on saving women from the sex trade rather than supporting sex workers who demand greater rights. But in the last decade, sex-worker activists have gained new allies. If Amnesty’s international board approves a final policy in favor of decriminalization in the next month, it will join forces with public-health organizations that have successfully worked for years with groups of sex workers to halt the spread of H.I.V. and AIDS, especially in developing countries. “The urgency of the H.I.V. epidemic really exploded a lot of taboos,” says Catherine Murphy, an Amnesty policy adviser.

Onstage, wearing a white blouse with lace, her face framed by glasses and straight brown hair, Muñoz, who is 43, looked calm and determined as she leaned into the microphone to tell her story. She started escorting at 18, after she graduated from high school in Los Angeles County, picking up men at a dance club a couple of times a week and striking deals to have sex for $100 or so, at a hotel or their apartments. She had a part-time job as a restaurant hostess, but she liked feeling desired and making money on the side to spend on clothes and entertainment. “I really, really did love the work,” she told her Amnesty audience of more than 100. “I was a little reckless.” The same recklessness led her to methamphetamine. When her parents found out she was using, they sent her to rehab. She stopped escorting and using drugs and found a serious boyfriend. When she was 24, the relationship ended, and around that time her parents sold their house. Muñoz started living on her own for the first time. With rent and car insurance to pay, and a plan to save for college, escorting became her livelihood. “I was moving toward a goal, and sex work helped me do that,” Muñoz told the crowd.

A few years later, however, another ex-boyfriend, with whom she was still close, started to take advantage of the underground nature of Muñoz’s work. At first, she told me, he asked her to pay to get his car back after it was towed. Then he started demanding more money and dictating when she worked and which clients she saw. Muñoz didn’t exactly seem like a trafficking victim; she was driving her own car, going to school and paying her expenses. But looking back, she says that’s the way she sees herself. “Because the work I was doing was illegal, he started to hold it over my head. He blackmailed me by threatening to tell everyone, including my family.”

The man was violent, and Muñoz extricated herself with the help of a friend, whom she later married. Haunted by the control her ex-boyfriend had exerted over her, she founded in 2009 a small faith-based group called Abeni near her home in Orange County, to help other women escape from prostitution, as she had. A couple of years later, Muñoz, who now has four children, started letting herself remember the period earlier in her life when escorting served her well, as a source of income and even stability. Struggling internally, she had a “crisis of conscience,” she says, and came to regret her assumptions about what was necessarily best for Abeni’s clients. She stopped taking on new ones, and then turned Abeni into one of the few groups in the country that helps people either leave sex work or continue doing it safely.

At the Amnesty conference, Muñoz told the crowd that she thinks decriminalization would have benefits for many people by bringing the sex trade out from underground. “I believe in the empowered sex worker,” she said. “I was one. But the empowered sex worker isn’t representative of the majority of sex workers. It’s O.K. for us to be honest about this.” She was referring to the social and economic divide in the profession. Activists in the sex-workers’ movement tend to be educated and make hundreds of dollars an hour. The words they often use to describe themselves — dominatrix, fetishist, sensual masseuse, courtesan, sugar baby, whore, witch, pervert — can be self-consciously half-wicked.

Some of their concerns can seem far removed from those of women who feel they must sell sex to survive — a mother trying to scrape together the rent, say, or a runaway teenager. People in those situations generally don’t call themselves “sex workers” or see themselves as part of a movement. “It’s not something people we work with would ever talk about,” says Deon Haywood, the director of Women With a Vision in New Orleans, an African-American health collective that works with low-income women and trans clients. Some of them sell sex, Haywood says, because it’s more flexible and pays better than low-wage work at businesses like McDonald’s.

Human rights advocates tend to focus on people in grim circumstances. “Like many feminists, I’m conflicted about sex work,” says Liesl Gerntholtz, executive director of the women’s rights division at Human Rights Watch, which took a stand in favor of decriminalization four years ago. “You’re often talking about women who have extremely limited choices. Would I like to live in a world where no one has to do sex work? Absolutely. But that’s not the case. So I want to live in a world where women do it largely voluntarily, in a way that is safe. If they’re raped by a police officer or a client, they can lay a charge and know it will be investigated. Their kid won’t be expelled from school, and their landlord won’t kick them out.”

Amnesty and Human Rights Watch, along with other groups that support decriminalization — U.N.AIDS, the World Health Organization, the Global Commission on H.I.V. and the Law and the Open Society Foundations — acknowledge that there can be grave harms associated with the sex industry, but say that they see changes in the law as a precondition to reducing them. Last year, an analysis in The Lancet predicted that “decriminalization of sex work could have the largest effect on the course of the H.I.V. epidemic,” by increasing access to condoms and medical treatment. Governments can free themselves to crack down on trafficking and under-age prostitution, human rights advocates argue, if they stop arresting consenting adults.

It’s a pragmatic argument. But the sex-workers’ movement also hinges on an ideological conviction — the belief that the criminal law should not be used here as an instrument of punishment or shame, because sex work isn’t inherently immoral or demeaning. It can even be authentically feminist. “Once you’ve done it, you always know: When it comes down to it, I have everything I need to survive,” says Anna Saini, a former sex worker who is now a sex-worker activist and law student living in Brooklyn. “That’s powerful.” This view poses a deep challenge to traditional Western feminism, which treats the commercial sex industry as an ugly source of sexual inequality.

The activists themselves are a fractious bunch. They belong to a variety of small and sometimes competing groups and question one another’s bona fides on social media and a blog called Tits and Sass. Women who publicly argue the case for decriminalization tend to be white. Women of color say that it’s harder for them to get an audience; they also don’t want white women to speak for them. Trans women raise similar objections. “Don’t tell my story in support of a cis woman’s story,” Monica Jones, who is black and transgender, cautioned me. She did sex work without qualms to help pay the tuition for her social-work degree at Arizona State University. “If you want to be with me, you’re going to pay me or buy me a ring,” she says frankly of her partners. Two years ago, she accepted a ride to a bar with a man and was found guilty of prostitution; her case became a cause célèbre when she challenged her conviction, saying she was just going out for a beer that night, and won her appeal.

Some opponents of decriminalization call themselves abolitionists, consciously invoking the battle to end slavery as well as the one for equality. “If prostitution is legal, and men can buy women’s bodies with impunity, it’s the extreme sexualization of women,” says Yasmeen Hassan, the global executive director of Equality Now, a women’s rights group that campaigns against trafficking. “They’re sexual objects. What does that mean for how professional women are seen? And if women are sex toys you can buy, think about the impact on relationships between men and women, in marriage or otherwise.”

The United States has some of the world’s most sweeping laws against prostitution, with more than 55,000 arrests annually, more than two-thirds of which involve women. Women of color are at higher risk of arrest. (In New York City, they make up 85 percent of people who are arrested.) So are trans women, who are more likely to do sex work because of employment discrimination. The mark left by a criminal record can make it even harder to find other employment. In Louisiana five years ago, 700 people, many of them women of color and trans women, were listed on the sex-offender registry for the equivalent of a prostitution misdemeanor. Women With a Vision, Deon Haywood’s group, won a lawsuit to remove them in 2013.

Because abolitionists see these women as victims, they generally oppose arresting them. But they want to continue using the criminal law as a weapon of moral disapproval by prosecuting male customers, alongside pimps and traffickers — though this approach still tends to entangle sex workers in a legal net.

Last July, the Coalition Against Trafficking in Women, an abolitionist group, accused Amnesty of supporting “a system of gender apartheid,” in which some women are “set apart for consumption by men,” in a letter with 400 signatories, including Gloria Steinem, Lena Dunham, Kate Winslet and Meryl Streep. Anna Saini, the Brooklyn sex-worker activist, went from feeling betrayed by the celebrities to feeling victorious. “They threw all this fame and name recognition at us, and Amnesty is still doing what’s right,” she said. “That was super exciting.” The fight has become, Liesl Gerntholtz of Human Rights Watch says, “the most contentious and divisive issue in today’s women’s movement.”

The battle lines among American feminists over selling sex were drawn in the 1970s. On one side were radical feminists like the writer Andrea Dworkin and the lawyer and legal scholar Catherine MacKinnon. They were the early abolitionists, condemning prostitution, along with pornography and sexual violence, as the most virulent and powerful sources of women’s oppression. “I’ve tried to voice the protest against a power that is dead weight on you, fist and penis organized to keep you quiet,” wrote Dworkin, who sold sex briefly around the age of 19, when she ran out of money on a visit to Europe.

Other feminists, who called themselves “sex positive,” saw sex workers as subverters of patriarchy, not as victims. On Mother’s Day 1973, a 35-year-old former call girl named Margo St. James founded a group in San Francisco called Coyote, for “Call Off Your Old Tired Ethics.” Its goal was to decriminalize prostitution, as a feminist act. In its heyday, Coyote threw annual Hooker’s Balls, where drag queens and celebrities mixed with politicians and police. It was a party: In 1978, a crowd of 20,000 filled the city’s Cow Palace, and St. James entered riding an elephant.

By the 1980s, Dworkin’s argument condemning prostitution moved into the feminist mainstream, with the support of Gloria Steinem, who began rejecting the term “sex work.” St. James and the sex-positivists were relegated to the fringes.

The abolitionists moved into the fight against global labor trafficking in the 1990s, focusing on sex trafficking, though most estimates suggest that the majority of trafficking victims are forced into domestic, agricultural or construction work. The abolitionists wanted to erase the traditional legal distinction between forced and consensual prostitution by cracking down on all of it as trafficking. In 1998, they tried to persuade President Bill Clinton — and Hillary Clinton, who was the honorary chairwoman of the Clinton administration’s council on women — to adopt their broad definition in an international crime treaty and a federal trafficking bill. It was a striking effort to expand and stiffen criminal punishment, a strategy Elizabeth Bernstein, a Barnard anthropologist who studies sex work and trafficking, termed “carceral feminism.” Abolitionists “have relied upon strategies of incarceration as their chief tool of ‘justice,’ ” she wrote in 2007. They lost the fight to define all prostitution as trafficking during the Clinton administration. “Those were depressing years,” Donna Hughes, an abolitionist researcher and women’s studies professor at the University of Rhode Island, said in an interview in National Review in 2006.

When George W. Bush was elected in 2000, Hughes and other abolitionists formed a coalition with faith-based groups, including evangelical Republicans, to lobby the new president. The Bush administration funded Christian groups, like the International Justice Mission, to rescue girls and women abroad. I.J.M. helped to raid brothels in Cambodia, Thailand and India, working with local police officers who broke down doors while American TV cameras rolled. Donations poured in to I.J.M. from the United States.

But local human rights and women’s groups complained about the tactic. After some raids by police forces in India and Indonesia, girls and women were deported, detained in abusive institutions and coerced into sex with the police, according to a 2005 bulletin by the World Health Organization and the Global Coalition on Women and AIDS. Two years earlier, when I.J.M. reported that there were minors in a brothel in Thailand, the police raided it and locked the women who were working there in an orphanage. The women strung together bedsheets to escape from a second-story window.

Françoise Girard was director of the public-health program at the Open Society Foundations when she met with Gary Haugen, the leader of I.J.M., and Holly Burkhalter, a senior adviser, in 2007. “I.J.M. said, ‘If we can save one girl, it’s worth it,’ ” says Girard, who is now president of the International Women’s Health Coalition. “I said, ‘What happens to the girls?’ And they couldn’t answer.” Burkhalter says she doesn’t remember Girard’s question, but the police did not permit I.J.M. to go on the raid in Thailand. “If we had, it would have gone much better,” she says, adding that now, when I.J.M. helps with raids, “each victim has a case worker.”

The Bush administration also funded abolitionist research on the harmful effects of prostitution, prominently featuring references to that work on the State Department’s website. Hughes, the abolitionist women’s-studies professor, denounced strip clubs and lap-dancing in a 2005 report on trafficking that was funded with more than $100,000 from the State Department. Melissa Farley, a psychologist who received Bush funds, wrote in 2000 in the journal Women and Criminal Justice that any woman who claimed to have chosen prostitution was acting pathologically — “enjoyment of domination and rape are in her nature.” Non-abolitionist researchers criticized her for presenting the brutal harm of some experiences of prostitution as the near-universal reality without solid evidence.

In part as a response to lobbying by feminist abolitionists and evangelicals, in 2003 Congress barred groups that aided trafficking victims from receiving federal funds if they supported the “legalization or practice of prostitution.” The same year, President Bush committed $15 billion to the international fight against AIDS, but required all recipients of the funding to sign an anti-prostitution pledge. The result was a head-on collision between AIDS prevention and abolitionist ideas. Brazil turned down $40 million in American funds. Sangram, a public-health and human rights organization that was distributing condoms in Sangli, a red-light district in rural southern India, refused to sign the pledge and returned American funds in 2005, at a time when U.N.AIDS cited it as a trusted source on H.I.V. and human rights. “We were distributing 350,000 condoms a month,” says Meena Seshu, the director of Sangram, who has a master’s degree in social work and has published in The Lancet and won an award from Human Rights Watch. “Do you actually work with people, or do you give them morals? That was the choice.”

The Obama administration continues to fund organizations involved in rescue missions. In 2013, the Supreme Court struck down the anti-prostitution pledge for groups in the United States, ruling that it violated their free-speech rights. But the decision didn’t apply to foreign groups, which still cannot receive federal funding to fight AIDS if they support the sex-workers’ rights movement.

The current debate over sex work in the United States is often framed as a choice between international legal systems. Abolitionists embrace what they call the Swedish (or Nordic) model. In 1999, at the urging of feminists, Sweden’s Parliament passed the Sex Purchase Act, making it a crime to buy sex. Prostitution itself had not been a crime, but the new law deemed it “a serious harm both to individuals and to society,” giving the legislation a moral underpinning and aiming to “flush the johns out of the Baltic,” as a media campaign declared. A decade later, Sweden announced a reduction in street prostitution by as much as 50 percent and proclaimed the law a success. Though no one had recorded data on street prostitution before the law passed, the claimed drop became the chief selling point for a system that punished men. Yet online advertising for sex increased in Sweden, leading researchers to conclude that the small market was shifting indoors. Norway and Iceland adopted the Swedish model in 2009, and in the last two years, Canada and Northern Ireland enacted modified versions.

Sex-worker activists reject this model. “People think the Swedish state criminalized clients, and not us, because they cared about us, but that was not the case,” says Pye Jakobsson, a Swedish sex worker who is the president of the Global Network of Sex Work Projects. “The law is about protecting society, and we’re seen as a threat.” Some sex workers say that criminalizing male behavior pushes them to take greater risks. “Women who worked on the street used to have safe spots where they would tell the client to drive,” Jakobsson explains. “Now clients say no, because of the police. They want to go someplace else remote. How can the woman be safe there?” In December, a Bulgarian sex worker was found brutally murdered in a deserted parking lot at the harbor in Oslo. Her friends — also migrants from the Baltic States, like many women selling sex in Sweden and Norway — looked for her when she went missing. But they did not go to the police until they found her body.

When the police investigate whether a man has bought sex, “they use it as a reason to check women’s documents,” says May-Len Skilbrei, a criminology and sociology professor at the University of Oslo. She says that these inspections can lead to deportations. Sex workers also face the possibility of losing custody of their children and being evicted. “If the police tell the landlord they think you’re escorting out of your apartment, he has to evict you, or he could be prosecuted,“ Skilbrei says. The Norwegian police called a long-running Oslo crackdown on prostitution Operation Homeless.

The Swedish government has been clear that it considers the problems the law causes for sex workers an acceptable form of deterrence, reporting in 2010 that the negative effects “must be viewed as positive from the perspective that the purpose of the law is indeed to combat prostitution.” When France adopted the Swedish model in April, the bill’s sponsor in Parliament said one goal was to “change mentalities.” On social media, American sex workers poured out their sympathy for their French sisters, who were marching in protest.

Sweden may not be a relevant model for the United States, where the kind of hardship that often pushes people into street-level sex work is more widespread and the safety net much weaker. The difference is relevant, says Rachel Lloyd, the founder and C.E.O. of Girls Educational and Mentoring Services (GEMS), based in Central Harlem, which helps about 400 girls and young women in New York annually who have been involved in prostitution. She opposes legalization, because she thinks it will increase trafficking. She visited Stockholm two years ago and found it significant that there are so many family services, that few teenagers are in foster care and that most have access to state-funded universities. “I came away thinking: In the U.S., we’re not there,” she says about adopting the Swedish model. “We don’t have the social services.” Lloyd says that not enough of the tens of millions of dollars in government funds and donations in the United States that go to fight trafficking are used for services, like housing for teenagers leaving foster care; 70 percent of GEMS members have been in that system. “When you’re trying to move forward, you need an apartment,” Lloyd says. “You need to go to school.” (In Sweden, she was also surprised to learn that men who are caught buying sex are fined rather than arrested, paying an amount that depends on their income and generally ranges from $300 to $4500, according to a news report.)

Australia has adopted a very different legal model from Sweden’s. In 1999, the Australian state of New South Wales repealed its criminal laws against prostitution, freeing consenting adults to buy and sell sex and allowing brothels to operate much like other businesses. (Other Australian states have a variety of laws.) Four years later, New Zealand implemented full decriminalization. Abolitionists predicted explosive growth of prostitution. But the number of sex workers stayed flat, at about 6,000 in New Zealand and somewhat more in New South Wales. Condom use among sex workers rose above 99 percent, according to government surveys. Sex workers in brothels in New South Wales report the same level of depression and stress as women in the general population; rates are far higher for women who work on the street, who are also often intravenous drug users. While the New Zealand government has found no evidence that sex workers are being trafficked across the country’s border, last November, the Parliament of New South Wales gave the police more power to monitor brothels, after reports that some were linked to organized crime and prosecutions for “sexual servitude” and exploitation. One involved a Thai woman who was recruited in Bangkok and told she would learn to be a hairdresser.

A couple of years ago, a Seattle dominatrix and outspoken activist who goes by the name Mistress Matisse flew to Australia for three weeks and spent a week working. “I just had to see what it was like,” she says. At home, she writes for The Stranger, Seattle’s alternative weekly, and frequently tweets about the practice and politics of sex work to her 27,000 Twitter followers.

In Australia, Matisse worked at a small brothel called the Golden Apple (small bar, six bedrooms) in Sydney, which is in New South Wales, and a larger one called Gotham City. “I thought: I won’t be Mistress Matisse. I’ll just be a girl doing full service” — intercourse — “which I hadn’t done for years,” she says. She saw three or four clients a night and then went to the beach.

Matisse contrasted working in Australia with working in a brothel in Nevada several years ago. She much preferred Australia. Nevada limits legal prostitution to a small number of brothels in rural areas, and they are subject to strict licensing requirements. “In Australia, you go home every night, and you can have a cigarette, go on a date, stay in a normal head space,” Matisse said. “In Nevada, you had to be in the brothel 24/7. It was like a cross between summer camp and a women’s prison.” Most prostitution in the state takes place illegally outside the brothels, in Las Vegas and Reno, with more freedom but also more risk.

Germany has a similar two-tiered market. The country became a growing destination for sex tourism after introducing in 2002 new regulations for the legal sex trade, with an estimated 400,000 sex workers. Migrant women working underground, some of whom are lured into crossing the border, face the same threat of deportation as in Sweden. Meanwhile, licensing requirements raised the cost of setting up brothels, favoring chains and big businesses, including a 12-story, neon-lit brothel in Cologne. “What’s strange is how industrial the brothels are,” says Skilbrei, the professor at the University of Oslo. “They control the women, for example with health checks.” That’s not the model sex workers are fighting for, because it diminishes their autonomy.

Amnesty distinguishes the laws in Germany (and the Netherlands, where sex work is legal but regulated by local authorities) from those in New Zealand and Australia, which place “greater control into the hands of sex workers to operate independently, self-organize in informal cooperatives and control their own working environments,” the human rights group states. Melissa Farley, the psychologist and abolitionist researcher, rejects all of these models. “The state functions as a pimp, collecting taxes, which I consider blood money,” she wrote in an email last December. In the most recent government research, a 2008 survey of 770 sex workers by the New Zealand government, most reported that they were not likely to report violence to the police, which the government attributed to their sense of stigma. Farley sees this as proof that “wherever prostitution exists, the harm goes with it, regardless of legal status.”

To Amnesty, the lesson is that decriminalization isn’t like flipping a switch — it takes time for attitudes to shift. There are signs that this has begun: In the 2008 New Zealand survey, 40 percent of sex workers also said they felt a sense of camaraderie and belonging, suggesting that their relationships with one another may provide an antidote to stigma. Annah Pickering, who does street outreach for the New Zealand Prostitutes’ Collective, describes a more recent dynamic with the police that would be unthinkable almost anywhere else. “We used to wave the police down for help, and they’d keep driving, but now they take sex workers’ complaints seriously,” she said. She told me about an incident in South Auckland last year. “One client negotiated with a street worker; she did the act, and he refused to pay. She waved a cop down, and he told the client he had to pay and took him to the A.T.M. to get the money.”

Sixty years ago, after Gloria Steinem graduated from Smith College, she spent two years in India on a fellowship observing village-based land reform. Returning to the country in 2014, she called prostitution “commercial rape,” making headlines. Until recently, Indian feminists shared Steinem’s views of prostitution, but many have gradually shifted their thinking. In 2014, Lalitha Kumaramangalam, the chairwoman of India’s National Commission on Women, came out in favor of decriminalization, saying it would help protect sex workers from violence and improve their health care. Reaction within India was mixed. But the refusal of Americans like Steinem to rethink their broad-brush condemnation of sex work, or the wisdom of rescue tactics, angers some feminists there. “Why have you locked yourself into saving sex workers in India and not engaged with the larger women’s movement?” asked Geeta Misra, who runs the human rights group C.R.E.A. in New Delhi, which tries to build feminist leadership and expand sexual and reproductive freedom.

The debate shifted in India largely because of the role of the country’s sex-worker collectives, which are among the largest in the world, and which exert a social and political force that has no parallel in the United States. Founded in the early 1990s, the collectives first proved adept at helping to slow the spread of H.I.V. Melinda Gates went to Sonagachi, the red-light district in the city of Kolkata, in 2004 and wrote in The Seattle Times about a sex worker named Gita and her peers, who “have helped to increase condom use from zero to 70 percent in their district, and to reduce H.I.V. infection rates to 7 percent — compared with rates as high as 66 percent among sex workers elsewhere.” Gates concluded by announcing that the foundation she created with her husband, Bill Gates, would spend $200 million to fight H.I.V. in India, an amount later raised to $338 million.

The sex-worker collective in Sonagachi, the Durbar Mahila Samanwaya Committee (D.M.S.C., the “Unstoppable Women Committee”), now has 65,000 members and runs schools for the children of sex workers, who often face discrimination, and has established banks where sex workers can open accounts. In rural Sangli, 6,000 people belong to Veshya Anyay Mukti Parishad (or VAMP, “Sex Workers Fight Injustice”), an offshoot of Sangram, the public-health group.

. . . .

To read the entire article and see related photos and videos, go to: http://nyti.ms/26WF0wG

Saturday, May 9, 2015

The real story behind Nail Salons in NYC

Who’s really paying the price for those beautiful nails?
(PBS News Hour, May 8, 2015 at 6:35 PM EDT)
http://www.pbs.org/newshour/bb/whos-really-paying-price-beautiful-nails/

The Price of Nice Nails
New York Times, MAY 7, 2015
By 
Manicurists are routinely underpaid and exploited, and endure ethnic bias and other abuse, The New York Times has found.
http://nyti.ms/1Ijf0RI

Perfect Nails, Poisoned Workers
New York Times, MAY 8, 2015
By 
Some ingredients used in nail products have been tied to cancer, miscarriages, lung diseases and other ailments. The industry has long fought regulations.
http://nyti.ms/1IlVVya

3 Ways to Be a Socially Conscious Nail Salon Customer
By SARAH MASLIN NIR 
The New York Times, May 7, 2015

Friday, February 6, 2015

[NYT] Promise of Europe Lures Syrians and Smugglers

이런 상황에서 나는 무엇을 할 수 있을까?

http://nyti.ms/1vuUzfM

Promise of Europe Lures Syrians and Smugglers
by CEYLAN YEGINSU Feb. 5, 2015

SIDE, Turkey — He left his home in Syria over a year ago and set out more than a dozen times, he said, on perilous and ill­fated seaborne journeys to the promised lands of Western Europe. He never made it. In his last attempt, the fishing boat he was on capsized, killing 44 people, including one of his best friends.

“I swam for 11 ½ hours before I was rescued by the Turks,” the man said. “That’s when I realized that I would never make it to Europe. So I decided to stay and help people get there myself.”

The decision proved to be profitable for the man, who is known as Abu Mohammed, a pseudonym he chose to protect his identity because of the illegal nature of his work and the fact that he is wanted by Interpol, he said.

Abu Mohammed, a charismatic former heart surgeon’s assistant, is now a crucial operative in a sprawling migrant smuggling operation based in Turkey that has grown by the year as the Syrian civil war grinds on. He makes about $500 per passenger by organizing large cargo ships supplied by Egyptian businessmen to transport other Syrians to Europe. He works with three partners in Turkey and said they had transferred thousands of Syrians to Europe over the past four months.

Despite the lucrative nature of his business, he insisted that he and his associates were motivated by a desire to help his fellow Syrians, even placing some of their own relatives on ships bound for Europe. Abu Mohammed said he made sure the ships were seaworthy. And for a reporter who spent a week observing his operations, he appeared more cautious than other traffickers,refusing to let small boats go out to the container ships when conditions were dangerous.

“A lot of the traffickers here are Syrian and we all fear God,” he said. “On each ship there is an extended family member or a mother, or a child. We don’t want to send people to their death.”

More than three million Syrians have fled their country’s civil war over the last four years, and experts have called it the largest mass migration since the end of World War II. Most of the refugees have fled to Turkey, Jordan and Lebanon, countries that have struggled to cope with the demands of so many newcomers. As the war continues with no end in sight, an increasing number of refugees are turning to human smuggling operations as a way to reach Europe.

The European Union has criticized Turkey for not doing enough to crack down on the smuggling. The issue has taken on new importance in the wake of the terrorist attacks in Paris, as European officials worried about their own citizens, who were joining militant groups in Syria and Iraq and returning home among groups of refugees to carry out attacks. Abu Mohammed said that he did not allow militants onboard his ships and that he required references from all potential passengers.

Last year, 200,000 migrants — over half of them from Syria and Eritrea — arrived in Europe, up from 63,000 in 2013, according to the United Nations High Commissioner for Refugees. Thousands died as they tried to cross the Mediterranean on decrepit boats supplied by smugglers. Abu Mohammed said that none of the ships he runs had suffered any casualties. It was not possible to verify his assertion, but former passengers said they chose him because he had a reputation for taking care of refugees and getting them safely to Europe.

In recent months, smugglers have begun loading migrants into steel-hulled cargo ships from locations that can be reached relatively easily from Turkey’s eastern Mediterranean coastline. The smugglers then set them on a course for Europe and abandon them, confident that European coast guards will feel morally and legally bound to rescue the huge ships. The ships are more seaworthy than the rickety small boats previously favored by thetraffickers, but it is still a dangerous passage for the migrants.

Tactics employed by the smugglers to mobilize search-­and-­rescue operations include throwing motors overboard and allowing ships to run out of fuel. Last month, two battered freighters carrying almost 1,000 migrants were abandoned by their crews during a storm and were rescued by vessels operating under a European Union mission called Triton before they could hit the Italian coastline.

Some of Abu Mohammed’s passengers said he had a reputation for using less risky tactics for getting the ships rescued. His crews often just turn off the motor and send out emergency signals. The more dangerous side of the operation, according to Abu Mohammed, is transferring the refugees from the Turkish coast to international waters.

These days, Abu Mohammed dispatches his customers from the secluded coves around Side, a small coastal resort town. On a recent evening, with the help of his Turkish partners, who provide small fishing boats, he managed to get about 200 Syrian refugees, many of whom had been staying in hotels and resorts, to a repurposed cargo ship in international waters, about 35 miles from the shore. There, they waited for another group before setting off for Italy.

One of the refugees, Mohammed al-­Nasir, 24, waited with his cousin and another passenger before boarding one of the small boats. He had spent the past year in Istanbul, working as a cleaner, but he managed to save enough for the trip. The prices for the trips are high, and many of the mostly middle­class Syrians have to sell their houses and possessions to buy tickets.

“With everything we have seen and been through, we are prepared to sacrifice everything just to get to a better place,” said Mr. Nasir, who had been sleeping in restaurants and buses for more than a week waiting to get on the ship. “We are indifferent to safety on the sea because we face a bigger risk of death at home. We just want to get there now.”

The flow of refugees like Mr. Nasir into Turkey has accelerated in recent months as the scope of European efforts to target traffickers and rescue migrants has been scaled back. In October, an Italian search­and­rescueinitiative called Mare Nostrum was replaced by the European Union­led Triton mission, which has a more limited mandate and finances. The Italian mission ran patrols along the Libyan coast, forcing many trips to abort before they could reach Europe and rescuing up to 100,000 migrants in one year.

Turkey has become a new hub for smugglers, many of whom operate out of Mersin, a major port city on the southeastern Mediterranean coast. Smugglers employ brokers to find customers in Turkish cities where there are large refugee populations; the refugees then make their way to ports like Mersin and wait for their passage to Europe.

Social media platforms are also widely used to advertise the services of traffickers. Smugglers post colorful advertisements with pictures of famous European sights on Facebook. “Trips from Mersin to Italy: $5,000 per person,” read one post with a backdrop of the Leaning Tower of Pisa. “Cargo ship” was printed on a small banner below. Migrants also use Facebook groups to vet the best smugglers, sharing phone numbers and comparing prices, which run from $4,000 to $6,000 per person.

The increased activity in Turkish ports like Mersin has caught the attention of the authorities, and in recent weeks Mr. Mohammed and other smugglers have reported seeing stepped up patrols by the Turkish coast guard and inspections of the small boats used to ferry migrants out to the container ships. The increased vigilance came after the European Commission questioned Turkey last month about the steady stream of cargo ships coming from the area around Mersin.

Turkey, for its part, said that it had been overwhelmed by refugee arrivals and that stopping the flow of migrants was impossible.

“We have taken in nearly two million Syrian refugees while Europe has taken in a bare minimum,” said a government official, speaking on a condition of anonymity under government protocol. “It’s only natural that the refugees seek illegal routes to get there.”

“We do everything in our capacity to try and stop them, but the numbers are so vast now that it is impossible to monitor all smuggling activity,” he added.

In Mersin, Abu Mohammed sits in his home and fields phone calls from passengers who have made it to Italy. For one call, he puts the phone on loudspeaker and smiles as a man thanks him for getting his family to Italy.

“People have grown to trust me,” he said.

Karam Shoumali contributed reporting.
A version of this article appears in print on February 6, 2015, on page A4 of the New York edition with the headline: "Promise of Europe Lures Syrians and Smugglers"
http://nyti.ms/1vuUzfM

Monday, January 26, 2015

[EBS Documentary] 하나뿐인 지구 시리즈

People Tree: Sustainable and Fair Trade Fashion
http://www.peopletree.co.uk/

Ethical Fashion OrgDot 오르그닷
http://www.orgdot.co.kr/

패스트 패션이 말해주지 않는 것 (1)
http://youtu.be/n0H4l5UOGl8

당신의 겨울 외투, 알파카와 라쿤 (1)
http://youtu.be/NVLFQe5fLQw
*Warning: This one gets pretty graphic at times
(와우 이거 진짜 너무 끔찍해서 다시는 모피 안입겠다, 양모나 캐시미어도 되도록이면 자제하겠다고 마음먹게 됨ㅠㅠ)

우유, 소젖을 먹는다는 것에 대하여 (1)
http://youtu.be/Edhvc3fWOkQ

당신은 개를 키우면 안된다 (1)
http://youtu.be/VBT-r1aD0PA

세바시 435회 강형욱 반려견 훈련사
http://youtu.be/ecUWKU_v318

당신은 반려동물과 이별할 준비가 되었나요? (1)
http://youtu.be/o634QEtjx1Y
하 내가 진짜 이것땜에 동물 못키우겠어ㅠㅠㅠㅠ

동물원 월요병
http://youtu.be/nPzY08PvyxU

어느날 갑자기, 로드킬
http://youtu.be/zv2RB6HTKlI

돌고래와 당신의 이야기
http://youtu.be/ri2F98ituNI

Tuesday, January 20, 2015

[공감] 해외진출 한국기업과 사회적 책임 - 박영아 변호사

http://withgonggam.tistory.com/1566

해외진출 한국기업과 사회적 책임 - 박영아 변호사



  2014. 12. 29. 서울시 NPO지원센터에서 좋은기업센터, 민주노총, 국제민주연대, 공익인권변호사모임 희망법, 공익법센터 어필, 공감 등 여러 시민ㆍ노동단체, 학자, 연구자 등의 연대체인 기업인권네트워크 주최로 필리핀, 방글라데시와 베트남 해외진출 한국기업들의 인권보장 현지실태조사결과 보고회가 열렸다.

  베트남의 경우, 1990년대 초반부터 2013년까지 누계로 3천여개에 이르는 한국기업들이 진출해 약 290억4,148달러를 투자하였다. 방글라데시의 경우, 1987년 (주)대우에서 방글라데시 정부와 봉제합작투자를 한 것을 시초로 의류산업 중심으로 투자가 이루어지고 있는 것이 특징이다. 필리핀의 경우 한진중공업, 현대자동차, 삼성전기, LG전자, 한화 등 한국의 주요 기업들이 진출해 있으며, 제조업을 중심으로 기업들의 진출이 지속적으로 증가하는 추세다. 베트남과 방글라데시는 연초 한국계 기업에서 발생한 노사분규 과정에서 노동자가 사망에 이르게 된 사건이 조사를 결정하게 된 주된 이유였고, 필리핀은 한국기업의 투자역사도 길고, 투자가 지속적으로 늘고 있지만 인권침해사례가 꾸준히 보고되고 있어 조사가 필요하다고 판단되었다.

  해외 진출 한국 기업들은 진출한 나라의 법제도, 사회적 환경, 업종에 따라 문제되는 인권침해의 유형이나 모습이 다소 다른 양상을 보이기도 했다. 베트남의 경우 노동자들에 대한 법제도적 보호수준은 높았으나, 법이 잘 지켜지지 않는 문제가 있는 것으로 드러났다. 2009년부터 2014년까지 베트남에 진출한 한국기업에서 약 800여건의 파업이 일어났는데, 이는 대만 다음으로 높은 것으로 대부분의 경우 노동법 미준수가 파업의 원인이었다.

  반면 방글라데시는 해고 사유에 따라 1-3개월치의 임금만 주면 해고가 가능하여 노동자들의 법적 지위가 특히 열악했다. 특히 근로감독관이나 노동법원의 절대적 부족으로 근로감독을 통한 법집행이나 사법적 구제가 노동자들의 권리를 실효성 있게 보장하지 못하는 것으로 나타났다.

  필리핀에서 오래된 투자역사에도 불구하고 유독 한국 기업의 경우 노동자에 대한 비인간적 대우가 많이 있다는 증언이 잇따르는 등 현지에서의 한국기업들에 대한 전반적 이미지부터 좋지 않은 것으로 나타났다. 안전장비 미지급, 그리고 심지어 해외 바이어 감사기간 동안에만 안전장비를 지급하는 행태 등이 고발되었다. 이번 실태조사로 특히 대외경제협력기금 지원이나 공기업 투자형태로 공적자금이 투입되어 진행되는 다목적 댐 건설 등 대규모 개발사업 추진과정에서 환경파괴와 강제이주를 비롯한 인권침해 논란이 발생하고 있음이 확인되기도 하였다.

방글라데시, 필리핀과 베트남의 사회적, 문화적, 법적, 그리고 역사적 환경이 다르고, 한국으로부터의 투자역사나 진출업종도 차이가 있지만, 공통적으로 나타난 문제도 있었다.

  그 중 가장 두드러진 점은 한국기업 대부분이 극도의 반노조적 성향을 보이고 있다는 것이었다. 필리핀의 경우 한국기업들은 노조결성 자체를 방해할 뿐만 아니라, 적법하게 결성된 노조를 협상파트너로 인정하지 않고 적대시하며 탄압한 사례들이 지속적으로 보고되어 왔으며, 이번에도 마찬가지였다. 한 예로, 한국계 기업인 SH는 2013년 여름 주문량 감소를 이유로 폐업을 예고하고, 퇴직금 지급 조건으로 사표를 요구하였는데, 사표수리 후 며칠만에 공장을 재가동하면서 992명 중 100명만 재고용하여 노조 와해 목적으로 위장폐업을 했다는 비난을 받고 있다. 방글라데시의 경우 노동자들의 열악한 법적 지위로 인해 노조결성 및 활동 자체가 어렵다. 특히 수출가공공단(Export Processing Zone)에서는 노동조합 결성이 아예 금지되어 있고, 대신 노동자들을 대표할 조직으로 노동자복지협회라는 조직이 허용되고 있다. 이러한 환경에서 한국계 기업에서 노동조합이 결성되지 않는 것은 그다지 놀라운 일은 아니나, 방글라데시 의류업계에서 독보적 위치를 점하는 (주)영원무역의 계열사들은 그러한 노동자복지협회조차 허용하지 않을 정도로 노동자단체에 부정적 태도를 보이는 것으로 알려져 있다. 영원무역의 현지 자회사에서 2010년에 이어 2014년에도 최저임금 인상을 계기로 노사분규가 발생하여 평화롭게 농성 중이던 20세 여공이 경찰이 발포한 총에 맞아 숨지고, 노동자 십수명이 다쳤다. 영원무역은 위와 같은 사태의 원인으로 ‘의사소통’ 문제를 지목해왔는데, 노동자와의 협상이 가능한 구도 자체를 거부하고 있는 영원무역의 위와 같은 해명이 실로 역설적이라고 하지 않을 수 없다.

  방글라데시, 베트남, 필리핀 모두에서 최저임금이 실제 생활임금에 미치지 못하여 노동자들이 최소한의 생계비를 벌기 위해 연장근무를 할 수 밖에 없는 것으로 나타났다. 위 3국 모두 낮은 임금이 주된 투자요인 중 하나라는 공통점을 가지고 있다. 이처럼 전반적 임금수준이 낮음에도 불구하고 노동자들은 최저생계비에 미치지도 못하는 임금을 받고 일하고 있었다. 특히 필리핀의 경우 일을 주지 않고 연장근무를 하지 못하도록 하는 것이 노조탄압의 한 수단으로 활용되는 사례도 있었다. 방글라데시의 경우 법정근로시간이 주 48시간이지만, 하루에 14시간씩 일하는 것이 일반적이라는 증언이 나왔다. 초과근무의 강제성도 문제였다. 베트남에서는 긴 노동시간이 파업의 원인이 될 정도로 한국기업의 과도한 초과근무가 문제되고 있었다.

  자본의 국제화가 진행되면서 노사관계 등 자본의 우월적 지위로 인한 역학관계에서 발생하는 인권침해 또한 국제적 양상을 띠기 시작하였다. 하지만 영토에 묶여 있는 기존의 국내법 체계는 위와 같은 상황을 염두에 두고 있지 않고, 관련 국제규범 또한 구속력과 집행력 측면에서 완전하지 않아 법적 공백이 발생하는 문제가 있다.

  기업인권네트워크의 이번 실태조사는 위와 같은 문제를 해결할 실마리를 찾기 위한 하나의 발걸음에 불과하지만 한국기업들의 해외활동으로 인해 발생하는 인권문제들을 국내적으로 알리고, 그 과정에서 각국의 현지 시민ㆍ노동단체 및 활동가와 연대할 수 있는 계기를 제공하여 주었다는 점에서 의미가 크다.

  2014. 12. 29. 있었던 보고대회는 짧은 홍보기간에도 불구하고 일부러 찾아온 사람들로 발표회장은 자리가 모자랄 정도로 가득 메워졌다. 국내 기업들의 해외활동이 현지에 미치는 영향에 대한 사회적 관심이 점점 커지고 있음을 짐작할 수 있는 대목이다.

글_박영아 변호사


Thursday, January 15, 2015

[NYT] Why a Generation of Adoptees Is Returning to South Korea

http://nyti.ms/1zaMKMH

MAGAZINE
Why a Generation of Adoptees Is Returning to South Korea
By MAGGIE JONES JAN. 14, 2015

     Laura Klunder’s newest tattoo runs down the inside of her left forearm and reads “K85-­160,” a number that dates to her infancy. Klunder was 9 months old when her South Korean mother left her at a police station in Seoul. The police brought her to Holt Children’s Services, a local adoption agency, where a worker assigned Klunder the case number K85-­160. It was only two weeks into 1985, but she was already the 160th child to come to the agency that month, and she would go on to be one of 8,800 children sent overseas from South Korea that year. Klunder became part of the largest adoption exodus from one country in history: Over the past six decades, at least 200,000 Korean children — roughly the population of Des Moines — have been adopted into families in more than 15 countries, with a vast majority living in the
United States.
     Klunder, who is 30, has a warm goofiness and a tendency toward selfdeprecation.
(“I was the chubby kid with glasses wearing Lisa Frank T­shirts,” she said, shaking her head at the memory of her middle­school self.) But she also resonates intensity. She chose the tattoo of her case number as a critique of adoption, she told me. “I was a transaction. I was a number in the same way that people who are criminalized and institutionalized are given numbers.”
     Klunder, who was raised in Wisconsin, moved back to South Korea in 2011, which is where I met her one night last February along with three of her friends, all adoptees from the United States. We were at a restaurant in the Hongdae section of Seoul, known for its galleries, bars and cheap restaurants.
     Outside, the streets teemed with university students, musicians, artists and clubbers. The neighborhood is also a popular spot for the approximately 300 to 500 adoptees who have moved to South Korea — primarily from the United States but also from France, Denmark and other nations. Most lack fluency in the language and possess no memories of the country they left when they were young. But they are back, hoping for a sense of connection — to South Korea, to their birth families, to other adoptees.
     That night, Klunder and her friends passed plates of bibimbap (rice topped with meat and vegetables), soondubu jjigae (tofu stew) and pa jun (scallion pancake) around the table and ordered bottles of beer and soju. Everyone there was a member of Adoptee Solidarity Korea, or ASK. It was started as a reading group in 2004 by a handful of politically progressive Korean female adoptees (and one man) in their 30s, who began to discuss why Korean single mothers felt pressure to give away their children — 90 percent of those who place their children for adoption are not married. They talked about a culture in which single mothers are often ostracized, one in which
employers typically ask women about their marital status in job interviews; parents sometimes reject daughters who raise their children alone; and the children of single mothers are often bullied in school. They also questioned why the government offered little aid to mothers to help keep their families intact. At an adoption conference organized a year after the group was created, members handed out fliers that read, in part, “ASK stands in opposition to international adoption.” They sold T­shirts, designed by Kimura Byol­ Nathalie Lemoine, an early adoptee activist, that depicted a wailing baby with a large stamp on its rear end: “Made in Korea.”
     Over time, ASK backed away from its message of ending adoption. It was too polarizing, adoptees said, and “hard for people to hear anything we said after the word ‘stop,' ” Jenny Na, one of the group’s founders, wrote in a history of ASK. But in recent years, members — along with other Korean adoptee activists — have built an improbable political campaign, lobbying for legislation that has helped reduce the flow of Korean children overseas. In the process, they have emerged as leaders in a movement to question the very concept of international adoption, one that has galvanized other adoptees around the world.
     Some of those leaders, including Klunder and her friend Kim Stoker, who was also at dinner that night, want to stanch the flow of Korean children entirely. “I get parents’ desperation to have children,” said Stoker, who at 41 was the oldest of the group at the table. “Accepting diverse families is great,” she said. But, she added, “I don’t think it’s normal adopting a child from another country, of another race and paying a lot of money. I don’t think it’s normal to put a child on a plane away from all its kin and different smells. It’s a very modern phenomenon.”
     Neither Klunder nor Stoker believes international adoption will stop in South Korea any time soon. But ending it is what they want. As Klunder put it, “Our goal is to make ourselves extinct.”

     In 1954, a couple from Oregon, Bertha and Harry Holt, went to a local auditorium to watch a presentation by World Vision, the Christian relief organization, on Korean War orphans. At the time, South Korea was hobbling to recover from its brutal war with North Korea. “We had never seen such emaciated arms and legs,” wrote Bertha, a nurse and fundamentalist Christian who wore round wire glasses, “such wistful little faces looking for someone to care.” Federal law prohibited families from adopting more than two children from abroad. But in 1955, the two senators from Oregon sponsored the Bill for Relief of Certain Korean War Orphans, which Congress passed specifically to allow the Holts to adopt four boys and four girls. Reports of Harry Holt, a farmer and lumberjack, coming home with eight children appeared in newspapers around the country, and soon prospective parents flooded the Holts with letters, saying that they, too, wanted to adopt war orphans. Within a year, the couple had established the Holt Adoption Program in the United States (followed later by a Holt agency in South Korea), the first and still one of the biggest international­ adoption agencies.
     During the ’50s, most children available for adoption were of mixed race — “the dust of the streets,” as they were called — whose fathers were American and U.N. soldiers. Some of them had turned up at orphanages, lost or abandoned; in the postwar chaos, it was unclear if their parents were still alive. But in other cases, mothers relinquished their mixed­ race babies because they feared that their families would be treated as outcasts.
     By the 1960s and 1970s, the country had industrialized and urbanized rapidly; divorce and teenage­ pregnancy rates climbed. Poor and working­ class single women with babies struggled with little, or no, support from the government. Most of the children placed for adoption at the time were fully Korean. In the meantime, the number of babies available for adoption in the United States in the 1970s dropped, as birth­ control was more readily available, abortion was legalized and single motherhood became more socially acceptable.
     South Korea, by this point, had passed the Special Adoption Law, which created a legal framework for adoptions and approved four agencies to process those adoptions. From the beginning, though, there were problems. Adoption paperwork was sometimes fraudulent — a grandmother or an aunt might give up a baby without the mother’s consent (while she was working or looking for work), because they thought the mother and the child would be better off.
     Agency workers often didn’t verify information — about a child’s health or age,
or whether the mother had truly consented to adoption — in order to expedite
the process. Eleana Kim, associate professor of anthropology at the University
of California, Irvine, and author of “Adopted Territory: Transnational Korean
Adoptees and the Politics of Belonging,” explained that though most women
weren’t directly paid, adoption agencies set up homes for unwed pregnant
women and took care of medical expenses with the expectation that the
women would agree to have their babies sent overseas. Workers at adoption
agencies sometimes told mothers that they would be selfish to keep their
children, who would thrive in affluent, two­parent households in the United
States. In the 1980s, adoption became big business, bringing millions of
dollars to Korean agencies. The government benefited, too. For each child
South Korea sent away, it had one fewer child to feed.
By 1985, the year Klunder arrived in the United States, South Korea had
earned the reputation as the Cadillac of adoption programs because of its efficient system and steady supply of healthy babies. The number of adoptions
reached unsettling heights, with an average of 24 children leaving South Korea
each day. The continued growth was all the more striking because South
Korea’s economy had improved significantly. That year, its G.D.P. ranked 20th
globally, just below Switzerland’s, and continued to climb over the next
decade. During NBC’s coverage of the 1988 Seoul Olympics, when the world
saw a newly democratic country lined with skyscrapers and freshly paved
highways, Bryant Gumbel noted that South Korea preferred to keep quiet
about its “exportation” of babies. North Korea also criticized its neighbor for
its liberal adoption policies.
Embarrassed, the South Korean government promised to reduce
international adoptions, in part by providing subsidies and extra health care
benefits to South Korean families who adopted. But the government showed
far less interest in helping single mothers keep their babies.
People in the United States, meanwhile, began adopting from all over the
world. Though only 7,000 children were adopted into the United States in
1990, by 2004 — the peak of international adoption — that number had risen
to 23,000, with children arriving from China, Russia, Guatemala, South Korea,
Ukraine, Colombia, Ethiopia and dozens of other countries.
I was among that wave of adoptive parents. After several miscarriages, my
husband and I adopted two children — one domestically, one internationally.
We chose domestic adoption initially because we longed for a newborn and
wanted an open adoption, in which children and birth families can remain in
contact. (Studies suggest that open adoption — far more common in the
United States than in international adoptions — is psychologically more
healthful for adoptees and birthparents.) In 2003, our older daughter, who is
part Japanese and part African, was born in California, where we lived.
But by the time we signed up to adopt again a couple of years later, my
husband and I were in our early 40s, and we feared that another domestic
adoption could take years. Instead we looked to Guatemala, where adoptions
often occurred more quickly and most children lived in foster homes, receiving
more one­on­one attention than in orphanages. Unlike in China and many other countries, in Guatemala, adoptive families could also meet birth families
during the process and stay connected afterward through photos, letters and
visits.
I began scouting agencies with the most ethical reputations. I heard
repeatedly — though mostly from agencies and other parents — that there
were safeguards (DNA tests of mothers and children; social­worker interviews
with birth mothers) to protect adoptive and birth families. But almost as soon
as I arrived at the Westin Hotel in Guatemala City to finalize the adoption of
our daughter, I felt queasy. Everywhere, it seemed, there were lawyers and
agency representatives handing over brown­skinned babies, born to
impoverished mothers, to white, wealthy parents — some of whom might
never return to Guatemala again, who might make no effort to encourage a
link between their adopted children and their country or their birth families.
My husband and I were eager not to be “those parents.” When the adoption
was complete, instead of leaving the country, we drove with our daughters to a
nearby city, where we spent several days. One night at a restaurant, a welldressed
Guatemalan man in his 50s or 60s passed my new daughter and me
and muttered, “There goes another baby taken from our country.”
His comment might have referred to corruption: It would become
increasingly clear that Guatemala’s adoption system was, like those in
Ethiopia, Vietnam, Cambodia and elsewhere, plagued with illegal payments,
coercion of birth mothers and in some cases outright stealing of babies.
(Guatemala’s program shut down seven years ago.) Or maybe he was thinking
about the fact that birth mothers, typically indigenous women who faced
discrimination, had little access to counseling and no official waiting period
after birth during which to change their minds. He may have been imagining
what would happen if the thousands of dollars each family handed over to
their adoption agency was used instead to help children stay in Guatemala.
And then there was the issue that Kim Stoker has since raised: Should adopted
children be brought up by people of a different race?
“No parent wants their child to be discriminated against,” Stoker told me
one night in Seoul. “But I think as a white parent in a white society — even if you’re in a multicultural neighborhood — you can’t protect your child when
your child walks out the door. You provide all these economic resources, but
there are all these other things that you haven’t experienced as a white
person.”
My husband and I are of a generation that is supposedly savvier and
better educated about raising adopted children. We have done some of the
“right things”: traveled with our kids back to Guatemala and to Japan (where
my older daughter’s birth mother lives). We’ve advocated for open adoptions
(with mixed success) so our daughters would have access to their records and
contact with their families. Our daughters’ friends and their school are diverse.
And my husband and I try not to shy away from talking about the complexities
of adoption and race.
Still, my daughters don’t see themselves reflected in my and my husband’s
faces. They will confront racism in their lives, which neither my husband nor I
ever have. My children are happy and deeply attached to us. But while the
predominant narrative of adoption focuses on what is gained, each adoption
also entails loss for both the child and her biological family. It’s a loss I can’t
fully know and one I can never entirely heal.
Perhaps that’s what the Guatemalan man meant when he saw me with my
daughter. I had love and financial advantages to offer her. But she was yet
another child who, through no choice of her own, was leaving her biological
family, her country and her culture behind.
Before Laura Klunder left South Korea as a child, she lived with a
foster family with whom she learned to take tentative steps holding an adult’s
hand. She could say “omma” (mommy) and understood other Korean words.
Then on April 27, 1985, nine days after her first birthday, she boarded a
Korean Airlines flight with an escort provided by the Holt agency and flew
6,500 miles to Chicago’s O’Hare Airport.
In Franklin, Wis., a largely white suburb of Milwaukee, Klunder attended
a Lutheran school where she was taunted by one boy for years: “Why is your
skin so dirty?” “You look like a black Barbie.” “Did you fall in the mud?” Her
parents had good intentions and, Klunder says, “were loving in more ways than they were not.” But they didn’t acknowledge how central race was in their
daughter’s life. “My parents told me they didn’t see color,” Klunder said. “They
couldn’t engage on that level.”
When I recently talked to her mother, she said: “I could see how upsetting
certain things were to Laura. But I said, ‘You can’t let these things bother you
so much; there will also be people like that in the world.' ” When the issue of
adoption came up, Klunder’s mother told her that her birth mother loved her
very much but that God had a different plan for her. As a teenager, furious that
her parents didn’t understand her feelings and experiences, Klunder
repeatedly lashed out at them. They were angry, too. When she was in high
school, Klunder told me, her father would say: “I didn’t sign up for this. Send
her back.” (He says he remembers saying something like that only once.)
This was in the late 1990s and early 2000s, when adoption experts had
already shifted from telling parents to “assimilate” their adopted children,
instead encouraging them to talk openly about adoption, to acknowledge racial
differences and to embrace their children’s birth culture. Some parents signed
up for “homeland tours” to Korea or sent their children to Korean summer
“culture camp,” where kids gathered in the woods of Minnesota or California
to study the Korean alphabet, dance to Korean pop music and learn
taekwondo.
Klunder’s family occasionally ate dinner with friends who had adopted
Korean children, and they attended an annual Korean adoptee picnic near
Chicago. Klunder felt ambivalent about it. The food was delicious, and the
Korean women who danced in their hanboks were beautiful, but she didn’t
identify as Korean. “They were telling me this is my culture, but I didn’t see
myself in that traditional dress and tight bun.” And though she knew one other
Korean adoptee as a child, by the time Klunder was a teenager — when
difference is a stigma most kids work to avoid — “I wanted nothing to do with
adoptees.”
In a 2009 survey of adult adoptees by the Donaldson Adoption Institute,
more than 75 percent of the 179 Korean respondents who grew up with two
white parents said they thought of themselves as white or wanted to be white when they were children. Most also said they had experienced racial
discrimination, including from teachers. Only a minority said they felt
welcomed by members of their own ethnic group. The report recommended
that parents do more than just celebrate multiculturalism or sign up for
culture camp. Adoptees should have “lived” experiences related to adoption
and race: traveling to birth countries, attending racially diverse schools. Those
things might have helped, Klunder says, but only if she had parents who were
willing to be honest about racism. “You need parents who can talk about white
privilege, who can say: ‘You might experience some of this. I’m sorry. We are
in this together.' ”
In college, at the University of Wisconsin, Madison, Klunder found a
group of like­minded friends and joined the multicultural student coalition.
After receiving a master’s degree in social work, she took a job at Macalester
College in Minnesota, advising minority and feminist groups and working on
the school’s response to sexual assault. Her immersion in those issues served
only to make fights with her parents more disheartening. “I knew that I was
the only person of color in their life, and it was too easy for them to invalidate
my point of view as another ‘anger issue.' ” At some point, she said, “I felt
hopeless to create change in my adoptive family.”
Eight years ago, she stopped talking to them, though she says she hopes
that will change one day. Her mother, who misses her daughter, said: “I’m
sorry for anything we didn’t do correctly for her. But we didn’t know how she
felt. I couldn’t get her to talk about anything important or what was inside
her.”
In the summer of 2010, when Klunder was 26, she went to Seoul to join
more than 500 other Korean adoptees from around the world for an annual
event known as the Gathering. For many — some of whom never had Korean
adopted friends before — it was a heady experience. They ate together, drank
together; some stumbled back late at night into hotel rooms together. They
spoke in shorthand about their American lives, sharing their stories about
being told by strangers that their English was very good and about meeting
men who assumed that Asian women were up for anything in bed.

Klunder skipped the bars. She was too nervous to perform at nori bong
(Korea’s version of karaoke) or to get naked with other adoptees at the
jjimjilbangs (Korean saunas). Instead she stayed up late talking with a couple
of other women. During the day, conference sessions delved into everything
from searching for birthparents to the isolation of single mothers. Then
Klunder heard Kim Stoker give a lecture about learning the Korean language
as an avenue to “belonging” in South Korea. Raised in Utah, Stoker has lived in
South Korea for 15 years and has the maternal presence of someone who has
held the hands of many 20­something adoptees during their first months in
Seoul. Living there is the most meaningful thing she has done in her life, she
says. “We didn’t have a choice about what happened to us,” she told me,
referring to adoptees being taken from their country. “So to come back, to live
on your own terms. . . .” she said. “I do really feel like these are my kin.” By the
end of Stoker’s talk, Klunder felt, as she put it, “invited to come back.” And
before leaving South Korea that week, she decided that she would return to
live there.
Over the year that followed in Minneapolis, Klunder was anxious about
her impending move to a country where she had no friends, no employment
and no fluency in the language. Still she quit her job and said goodbye to the
boyfriend she loved (“an anti­racist white man,” as she described him). She
packed one large suitcase with clothes and two carry­ons with shoes, handbags
and books, including works by Gabriel García Márquez, Saul Alinsky, Bell
Hooks, along with South Korean adoption memoirs. Then she flew back to her
birth country on a one­way ticket.
By the time Klunder moved in 2011, Seoul had become home to
hundreds of returning adoptees. The Global Overseas Adoptees’ Link, the
largest and longest­running adoptee group in Korea, made it easier for
adoptees to live in the country — helping them find language classes and
translation services and organizing social events. Most important, GOA’L, as
the group is known, successfully lobbied the government to offer adoptees F­4
visas, which allow them to live and work in the country indefinitely. Now
adoptees can also apply to become dual citizens.

Like many before her, Klunder spent some of her early days at KoRoot, an
adoptee­only guesthouse in Seoul with cheap rooms and communal meals, run
by Pastor Kim Do­hyun, along with his wife, Kong Jungae. At the two­story
brick­and­stone house, Kim encourages new arrivals not only to explore Seoul
but also to think about the larger political issues around their adoptions. In the
’90s, as a pastor in Switzerland, Kim began working with adoptees after one
committed suicide, leaving a note that said, “I’m going to meet my birth
mother.” Later, as a grad student in theology, Kim wrote his master’s thesis on
birth mothers.
In 2008, Kim and his staff from KoRoot joined forces with the
organization Truth and Reconciliation for the Adoption Community of Korea
and one of its founders, Jane Jeong Trenka, to try to amend South Korea’s
adoption law to help discourage overseas adoption. Kim and Trenka, who was
raised in rural Minnesota and returned to South Korea in 2004 to be closer to
her birth family, spent three years meeting with public­interest lawyers,
government officials, nonadoptee activists and a member of Parliament, Choi
Young­hee, who agreed to sponsor the amendment. ASK and two other
groups, Dandelions (a group of Korean birthparents who had placed their
children for adoption) and Kumfa (an organization for single mothers), joined
the effort as well. They lobbied government officials, wrote and rewrote the
proposal’s language and drew attention to their cause by installing a piece of
artwork in a government building, featuring 60,000 hanging paper price tags
inscribed with the names of Korean adoptees.
In August 2012, they succeeded in enacting an amendment to the
adoption law, implementing curbs on adoption that would have seemed
unthinkable decades ago. Women must now receive counseling and wait seven
days before placing a child for adoption. All adoptions must be registered
through the courts, which gives adoptees, who often struggle to make contact
with their families (only a small percentage of Korean adoptees who search for
birth families ever find them), an avenue for tracing their history.
Detractors say the law now creates too many hurdles for women who
genuinely want to put their babies up for adoption and slows the process. Since the law was passed, the number of abandoned babies has increased —
though whether that’s a direct result is unclear. They also note that Koreans
are generally not comfortable “raising another’s child,” as Koreans say, and
finding adoptive families can be difficult. (Some Korean families who are
willing to adopt keep it a secret.) Adoption supporters in the United States and
elsewhere question the very idea of making adoption more restrictive around
the world, especially in deeply impoverished countries, where birth control
and abortion are taboo and there is little government will to help children,
including those who languish in orphanages.
For better or worse, the amendment seems to be having its desired impact
in South Korea: Adoptions to other countries, already on the decline since the
1980s — hovering around 1,000 a year between 2007 and 2012 — dropped to
263 in 2013. The activists also see the amendment as an acknowledgment that
their views matter. “The law incorporates the opinions of the people actually
affected — adoptees, unwed mothers,” said Trenka, who is 42 and now a
mother herself; she and her partner, Luke McQueen, a 43­year­old Korean
adoptee from Colorado, have a 3­month­old daughter. “And it’s proof that
Korean adoptees can be taken seriously and effect change.”
For Trenka and other Korean activists, their engagement with these issues
extends beyond Korea’s borders. In the aftermath of the earthquake in Haiti in
2010, Trenka publicly warned that adoptions from Haiti were vulnerable to the
same sorts of problems — fraudulent paperwork; children designated as
orphans when their parents were alive — that existed in postwar Korea. Kim
Stoker joined other adoptees from around the world issuing a statement
protesting the “fast tracking” by the U.S. government of Haitian adoptions.
More recently, Trenka, along with Vietnamese, Indian, Ethiopian and
Colombian adoptees, criticized a bill before the United States Congress last
year that aimed to make international adoption easier. They argued that
adoptees were not consulted about the bill and said — along with Holt
International Children’s Services, which publicly opposed it — that it would
eliminate adoption safeguards and reallocate foreign aid from international
programs that help children.
Trenka has also met with activists from other countries, including Jenna
Cook, an adoptee from China. Last year, she came to South Korea for a
conference and talked to Trenka about adoptee rights. A recent graduate of
Yale, Cook is one of more than 100,000 children adopted from China since the
early ’90s, the second­largest group of international adoptees. She and other
adoptees want the Chinese government to respond the way South Korea has
and offer F­4 visas so they can return for the long term. “It’s important that we
are recognized as a diaspora,” Cook says. “We are going to come back as highly
educated middle­class Europeans and Americans, with brain power and
economic capital.”
While some Chinese adoptees are now in their 20s, those from other
countries tend to be much younger. Since the late 1990s, roughly 29,000
children from Guatemala and 14,000 from Ethiopia have been adopted into
the United States. Most of them have yet to reach high school. Compared with
Korea — a democracy and a developed country — Guatemala, China and
Ethiopia may prove less welcoming, at least for now. But as adoptees grow up,
Korean activists hope that they will demand more information about their
histories and the adoption process from agencies and governments. Perhaps
cities like Beijing, Antigua in Guatemala or Addis Ababa in Ethiopia — already
popular destinations for adoptees and their families — may become their own
mini­adoptee communities and centers of activism against international
adoption.
Around 8 p.m. on a chilly Saturday night last February, more than a
dozen adoptees gathered at several pushed­together metal tables at Hongik
Sutbul Kalbi, a Korean BBQ restaurant in Seoul. The room filled with
conversation and smoke from meat sizzling on open grills. Nights like this are
a fixture of adoptee life in South Korea, flowing from BBQ or bibimbap
restaurants to a bar for soju and beer, to another bar, culminating with singing
at a nori bong — till 2 or 3 or 4 a.m. That night the gathering included a
woman in her 20s, who moved to Seoul a week earlier, and others — from
California and Utah, from New York and Massachusetts — who had lived in
South Korea anywhere from six to 10 years. Several at the table weren’t involved in adoption politics — or even especially interested in it. Adoptee
socializing in Seoul often divides along political lines. Hollee McGinnis, whom
I met the day before, was one of several people who told me that the most
ardent adoption critics make some adoptees uncomfortable. “If you’re proadoption,
you can feel Pollyannaish,” said McGinnis, a former policy director
at the Donaldson Adoption Institute, who is researching her dissertation in
Seoul on mental health and educational outcomes for children growing up in
orphanages. “I’m not an advocate or detractor of adoption. I see it as a choice
and a trade­off with relative losses and gains.”
At the barbecue dinner, Benjamin Hauser said he shared this view. “I
understand there could be potential problems with adoption, but I know
positive cases too.” Hauser, who is 36 and has lived in South Korea since 2004,
is a manager at an English­language school and is writing a children’s
adventure book featuring Korean adoptees. Unlike many adoptees, he
remembers his early life in South Korea: He lived with a foster family for five
years and spent two years in an orphanage before being adopted by a couple in
Rochester. His parents then adopted two more boys from South Korea.
Throughout their childhood, he and his brothers had a fairly diverse
group of friends, and their father, a professor of Japanese history, cooked
Korean food and took the kids to Korean restaurants. At the end of high
school, when his parents asked Benjamin if he would like to go to Paris or
Seoul for his graduation, he picked Paris. “I grew up as an American,” said
Hauser, who wears a small earring and has spiked hair that juts out in several
directions. “My parents are Caucasian. I didn’t identify as Korean. I wasn’t
mature enough to realize I could explore that side.” Before moving to Seoul, he
never had an Asian girlfriend. “It was part of my feeling of wanting to be
white.”
Ten years ago, when he was working as a manager at Otis Elevator
Company in Albany, he realized “this job would be the rest of my life — and
something was missing.” He remembered his goal when he was in the
orphanage — to return to the dairy farm where he lived with his Korean family.
(He later learned that it was his foster family; he has never found his birth family.)
But he feared that searching for his Korean roots was a betrayal of his
adoptive parents. “I thought they might say, ‘We were the ones who took care
of you; why do you feel like you need to look for your foster family?' ”
Eleana Kim, the author of “Adopted Territory,” says it’s a common anxiety
among adoptees who often dread “coming out” to their parents — whether it’s
in the form of birth­family searches, returning to birth countries or criticizing
the adoption system.
In Hauser’s case, his parents were not upset. “I was mostly worried that
he might get hurt,” his mother, Susan Hauser, told me, referring to adoptees
who can’t find their families or discover the families don’t want to be found.
“But he was an adult, and it was his decision.” She and her ex­husband also
supported his move to South Korea. Benjamin’s father, William Hauser, said:
“I understand how parents feel it’s a rejection, but I don’t feel it at all. In a
sense I’m much closer to him since he’s been in Korea.” He and Susan Hauser
are in a tiny minority of parents who visit their children each year — their son
Zack also lives in Seoul, where he’s a chef.
Instead it was Benjamin’s middle brother, Aaron, who was offended — at
least at first — by how much his brother loved South Korea. “I thought Ben’s
Korean pride diminished his American pride,” he told me recently. That
changed when Aaron visited Seoul, took Korean classes and hung out with
Benjamin’s friends. He realized that spending more time there made him feel
“more Korean,” and that was gratifying.
Though Benjamin and his brothers feel close to their parents, many
adoptees told me that closeness isn’t the only relevant issue. “It’s not just
about me and my personal experience,” said Amy Mihyang Ginther, a voice
coach who wrote and starred in a one­woman play that she performed in Seoul
and other cities, taking on personas of adoptees and birth mothers.
Growing up near Albany, Ginther attended playgroups with other Korean
adoptees and culture camp, which she loved. When Ginther was bullied in
school — kids called her Chinese and Japanese and said her parents couldn’t
be her “real” parents — her adoptive mother came to speak to the class about Korean culture and adoption, with Amy as her co­teacher. But her love for her
parents didn’t keep her from longing to connect to her birth family and to
South Korea. In 2004, she reunited with her birth mother (her adoptive father
came with her on the trip). Then two years later, she visited again, living with
her birth family for a month. (Her Korean mother was so protective, she barely
let her outside the house.) In 2009, she moved to South Korea and has lived
there on and off since. Ginther, who is 31, now sees her birth mother about
every other month in Seoul or in her birth mother’s hometown, Gimcheon, a
couple of hours south of the city.
“My life in the United States, no matter how good it was,” she told me one
day over lunch, “never made up for my omma’s grief.” As Ginther understands
the story, her parents were struggling financially when she was born, the
youngest of three daughters. Her father told her mother that he would leave
her if she didn’t relinquish Amy. (He later left anyway.) “Her choice,” Ginther
said of her birth mother, “was no choice at all.”
Adoptees, of course, also had no choice, and many resent the idea that
they should simply be grateful — that they are somehow better off than they
otherwise would be. As Trenka writes in her memoir, “The Language of
Blood”: “How can I weigh the loss of my language and culture against the
freedom that America has to offer, the opportunity to have the same rights as a
man? How can a person exiled as a child, without a choice, possibly fathom
how he would have ‘turned out’ had he stayed in Korea? How many
educational opportunities must I mark on my tally sheet before I can say it was
worth losing my mother? How can an adoptee weigh her terrible loss against
the burden of gratitude she feels she has for her adoptive country and
parents?”
As I talked to dozens of adoptees in Seoul about what drew them back,
the conversation, inevitably, shifted to what might push them to leave. For
many, the experience of living in Seoul veers between warm familiarity and
occasional alienation. (A different version of growing up as an Asian adoptee
in a white family in the United States.) “Korea is home,” Amanda Eunha
Lovell, told me. “But it’s not one I’m completely comfortable in.”

Lovell, who is 36, teaches English to elementary­school children and is a
graduate student working on a documentary about adoptees returning to
South Korea. She grew up in Ipswich, Mass., and has lived in Seoul for six
years. She has an advantage over many adoptees: She speaks Korean fairly
well, which makes her feel more at home. But like every other adoptee, she has
had to adjust to different social norms, including Koreans’ well­intentioned
bluntness, especially when it comes to women: How old are you? Are you
married? Are you tired? Why don’t you wear more makeup?
Lovell doesn’t know if she’d be willing to raise children in South Korea,
with its hypercompetitive school system. In addition, many women told me
that they may leave because of the dearth of romantic partners. Male adoptees
have it easier — they are seen as more masculine than they are in the United
States — and live in a “frat culture,” as one woman told me, filled with drinking
and a wide choice of women: adoptees, other expats and “Korean Koreans,” as
native Koreans are called.
Lovell was one of the very few female adoptees I heard about with a
Korean boyfriend. He’s a musician who tells her he is “not a typical Korean
guy.” Still, “he scolds me, saying, ‘You should be doing this,' ” she said,
imitating a paternal voice. Laura Klunder also pointed out the various ways
gender roles are ingrained in daily life: Female adoptees are often viewed as
masculine when they wear clunky shoes and carry their own bags of groceries
— a sharp contrast to the young Korean women in high heels, short skirts and
meticulously applied layers of makeup. Koreans also consider it unladylike for
women to smoke in public. And if a handyman arrives at a woman’s apartment
to fix something, he will often ask to speak to the husband. “In the U.S., I feel
my race,” Lovell said. “Here I feel my gender. This is what it must have been
like in the United States during the ‘Mad Men’ era.”
For many adoptees, those cultural divides — coupled with the fact that
they can’t speak the language, a frustrating and often heart­wrenching obstacle
in their own birth country — solidifies the feeling that they hover in between:
not fully American, not fully Korean. Instead, they live in a third space: Asian,
Western, white, adopted, other. It’s a complicated place but not always a bad one. “I am, maybe, in a way, proud of my in­betweenness,” Lovell recently
wrote me in an email.
It is a space I expect my children will share with Lovell, and with so many
other adoptees. Both of my daughters’ birth families and their roots tug on
their hearts. If they eventually decide to live in the countries of their birth
mothers for a year or five years or more, I hope to support — even encourage
— them. If living there fills some void, creates some peace, fosters a sense of
belonging, how could I not want that for them?
In the years ahead, I also expect my kids will have tough questions for me.
Perhaps they will ask why my husband and I thought we were equipped to
raise a child of a different race. My youngest may ask why we chose
international adoption. Did we understand its failures? Did we do anything to
fix them?
I hope to answer without defensiveness — and with candor and empathy.
I hope, too, that I remember two things may be true simultaneously: Our
daughters’ love for us and their need to question why and how we became a
family.
Maggie Jones is a contributing writer for the magazine. She has written about
adoptive parents searching for their children’s birth mothers.

A version of this article appears in print on January 18, 2015, on page MM30 of the Sunday Magazine with the headline: The Returned.

© 2015 The New York Times Company