How the Open Society Foundations Promotes the Liberalization of Prostitution

Every year, the profits from global sexual exploitation generate more than $170 billion.^[1] In 2022, the number of victims of this exploitation was estimated at 6.5 million, including 5 million women and 1.5 million men.^[2] Among these victims, Interpol identified more than 40,000 minors.^[3] Despite these figures, many actors continue to defend the liberalization of prostitution and call for "the total decriminalization of sex work",^[4] convinced that this activity is a matter of sexual freedom, the freedom to exercise a professional activity and the right to personal autonomy. These players are currently represented before international and European bodies responsible for reviewing the regulation of prostitution. They are present before the European Court of Human Rights (ECHR) in the case of M.A and others v. France, involving 260 applicants (sex workers); they are also present before the bodies of the Council of Europe, drafting a resolution to "Protect the human rights and improve the lives of sex workers and victims of sexual exploitation"; and at the UN, through Mrs. Tlaleng Mofokeng, Special Rapporteur on the right to health, who recently published a Guide on the Human Rights of sex workers in March 2024. By providing substantial financial support to these players, Open Society is at the core of the discussions. Its presence raises fears that European and UN bodies will soon recognize prostitution as legal work.

1. OPEN SOCIETY’S DISCOURSE

The Open Society defines a "sex worker" as a person earning money in exchange for consensual sexual or erotic services, and prefers the term "sex work" to "prostitution" because they find the latter "demeaning and stigmatizing, which contributes to their exclusion from health, legal, and social services."[5] Furthermore, the Open Society distinguishes prostitution as sex work from human trafficking, insofar as prostitution is a "consensual transaction between adults."[6]

For the majority of "sex workers", Open Society notes that they choose this "work" as the best option open to them to "fight against poverty and destitution", prostitution appearing to be the "best option they have."[7] For only a minority, prostitution would enable these people to "explore and express their sexuality."[8]

Like the European Parliament, Open Society therefore recognizes that people in prostitution want to do other things, and are subject to economic and other forms of coercion.[9] But, rather than offering them exit programs as MEPs do,[10] Open society prefers the creation of prostitutes' unions, advocate the total decriminalization of prostitution and call for the "recognition of sex work as work."[11] Open society believes that criminalizing the clients of prostitution would be an obstacle to the health and safety of prostitutes, as anti-client laws would perpetuate "stigma against sex workers, leading to discrimination in social services, housing, and health care, and does not address the fundamental problem of criminalization, driving sex work underground and pushing sex workers away from safety and services. "[12]

2. THE STRATEGIC ACTION OF OPEN SOCIETY WITH STAKEHOLDERS

The Open Society's action to impose its ideal consists in financially supporting the actors who promote "sex work" as a legitimate job, notably those who are currently involved in discussions on the implementation of new regulatory standards on prostitution at the ECHR, the Council of Europe and the UN.

At the European Court of Human Rights

The ECHR declared admissible on June 27, 2023 the cases of M.A and others v. France, M.C. v. France, T.S v. France, C.D v. France and M.S v. France, following its referral by 260 sex workers on December 6, 2019. In these cases, the applicants are seeking condemnation of the French law of April 13, 2016[13] as it punishes clients of prostitution; they are supported by various associations intervening in the cases and committed to supporting prostitutes, but also in favor of the liberalization or legalization of prostitution, these associations are largely funded by Open society. These include Act Up Paris, Act Up, Acceptess-T, Aides, Collectif des femmes de Strasbourg Saint Denis, Arcat, Autres Regards, Bus des femmes, ELCS, Fédération Parapluie Rouge, Grisélidis Action de santé communautaire, Inter-LGBT, Paloma, Le Planning familial, Les Roses d'acier, Médecins du monde, Sidaction, Trans Inter Action and STRASS, the sex workers' union.

On July 25, 2024, the European Court of Human Rights (ECHR) rejected this application and validated France's so-called "abolitionist" approach to prostitution.

At the Council of Europe

The Parliamentary Committee on Equality and Non-Discrimination is working on a draft resolution, initially entitled "The reintegration of people trapped in prostitution and human trafficking survivors". Since a new rapporteur took charge of the project, Mr. Ben Chikha, general rapporteur on the rights of LGBTI people, the project has radically changed direction. It is now entitled: "Protecting the human rights and improving the lives of sex workers and victims of sexual exploitation". As part of the discussions on this current project, associations in favor of the decriminalization of prostitution financed by Open Society, such as the European Sex Work Alliance (ESWA), Amnesty International and Médecins du Monde, have been heard.

The text will be debated and subjected to a vote on October 3, 2024.

At the UN

The decriminalization of prostitution is mainly promoted by the Working Group on Discrimination against Women and Girls, established by resolution 15/32 of the Human Rights Council (HRC) and Mrs. Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental standard.[14]

The Working Group on Discrimination against Women and Girls, following the publication of a European Parliament resolution on the regulation of prostitution in the EU[15] on September 14, 2023, published a report in a press release without official approval from the UN General Assembly, promoting "sex work". In December, the UN General Assembly officially published this report, in the form of a guidance document,[16] entitled "Eliminating discrimination against sex workers and securing their human rights". Surprisingly, this guidance document was published in December, well before the Working Group's thirty-ninth session in Geneva on January 15-19, 2024, which is mentioned as such in the document's symbol. Furthermore, the document states that "Agreement was reached to publish the present document after the standard publication date owing to circumstances beyond the submitter’s control.". In its haste to respond to the European Parliament, the Working Group has disregarded official publication rules. The main author of this report is the group's former president, Ms Ivana Radacic. Her current areas of research and teaching are women's rights, gender equality, human rights and gender.[17] As of today, the Working Group is made up of five members: Ms Dorothy Estrada-Tanck (Mexico), Chair of the Group, whose academic and professional activities focus on international human rights law, women's rights, gender equality and violence against women, the human rights of migrants and refugees, people with disabilities and indigenous peoples; Ms Ivana Krstic (Serbia), who is involved, among other things, in implementing the Istanbul Convention on preventing and fighting against violence towards women; Ms. Haina Lu (China), whose work focuses on women's rights, gender issues in law, labor law, employment discrimination and migrants' rights; Ms. Claudia Flores (United States), whose professional activity focuses on human rights; Ms. Laura Nyirinkindi (Uganda), specialized in women's rights, gender equality, governance and the rule of law.

In 2023, through the Office of the High Commissioner for Human Rights, Mrs Claudia Flores received US$180,000 from China and Mrs Haina Lu, Mrs Laura Nyirinkindi, Mrs Ivana Krstic and Mrs Dorothy Estrada-Tanck received US$31,645.57 from Spain.[18]

Ms. Tlaleng Mofokeng, Special Rapporteur on the right to health, published a book in 2019 entitled "A guide to sexual health & pleasure", in which she devotes a section to "Sex work is work", recalling that the term "sex work" was first used in the 1970s by the International Labor Organization (ILO), a UN agency; that human rights and physical safety and integrity cannot be separated from sex work; that sex work is a woman's right, a right to health; that the global demand to decriminalize sex work must be supported, and rights-based programs for sex workers and their clients funded.[19] She even declares "basically, I am a sex worker", justifying that the services she offers as a doctor, namely counseling and treatment "for sex-related problems, therapy for sexual performance, counseling and therapy for relationship problems and treatment of sexually transmitted diseases" and for which she receives money, are practiced in the same way as prostitutes who offer services ranging from "companionship, intimacy, counselling, non-sexual role-play to dancing, escorting and stripping."[20] She concludes by saying that "facts, not morals, should guide legislative reform and policy on sex work, with a view to its total decriminalization. Sex work is a real job."[21] Furthermore, in July 2022, in her second report to the General Assembly, she recommended the "the removal of all laws and policies criminalizing or otherwise punishing [...] sex work." [22] A few months earlier, she had already stated that the criminalization of sex work represented a "structural violence[23] " that is, according to her, "a subtle and quite often invisible form of violence normalized through laws, policies and the institutionalization of certain practices127 that have their roots in legacies of colonialism, racism, apartheid and structural socioeconomic inequalities."[24]

In addition, through its OurEquity NPC fund, she received $200,000 in 2020 from the Open Society.[25]

Recently, in March 2024, "A guide on the human rights of sex workers"[26] was published. It was co-authored by Ms. Mofokeng, the aforementioned Working Group on Discrimination against Women and Girls, and Mr. Graeme Reid, independent expert on protection against violence and discrimination based on sexual orientation and gender identity.

3. FINANCING

Open Society funds the most active players in promoting the liberalization of prostitution. These include the Red Umbrella Fund, the European Alliance for Sex Work, the Global Network of Sex Workers and many others.

The Red Umbrella Fund

The Red Umbrella Fund, the first global fund for "sex workers" was officially created through the Open Society in 2012. It defines itself as the first and only global fund dedicated to "supporting the rights of sex workers". The Red Umbrella Fund has 30 beneficiaries, including the European Sex Workers' Rights Alliance (ESWA), which is currently being heard at the Council of Europe as part of the draft resolution on the rights of people in prostitution. In 2022, the budget of the Red Umbrella Fund was 1,300,000 euros. Since 2012, total grants have amounted to 7,886,500 euros in 68 countries.[27]

The Open Society finances the Red Umbrella Fund through Mama Cash, the first donor to the Red Umbrella Fund. Mama Cash received from the Open Society $200,000 in 2022 and $100,000 in 2021 to support the Red Umbrella Fund in its mission with "sex worker" organizations; $100,000 in 2020 (one-year program), $200,000 in 2018 (two-year program), $200,000 in 2017 (one-year program) and finally $200,000 in 2016 (one-year program) as part of its financial backing to the Red Umbrella Fund.[28] Donors to the Red Umbrella Fund also include the American Jewish World Service (AJWS), which has received several grants from Open Society: $292,000 in 2022, $465,000 in 2021 and $160,000 in 2020 as part of its financial support, along with $200,000 in 2022 to aid its advocacy on inclusivity, gender and sexuality.

Several members of the Red Umbrella Fund are former members of associations funded by the Open Society: Luca Stevenson, member of STRASS (sex workers' union, present in the application before the ECHR) and former director of ESWA (heard as part of the draft resolution at the Council of Europe), Javid Syed, director of the Open Society-funded AJWS, Chantelle de Nobrega, funding manager of Mama Cash since 2022, funded by the Open Society, Ankit Gupta, program officer of the Global Fund for Women, which received $825.000 in 2022 from the Open Society, Iris, founding member of STRASS and Stella Kawira, member of the African Sex Workers Alliance, which received $110,000 in 2021 and $212,800 in 2020 from the Open Society. Several former members of the Red Umbrella Fund are now Open Society members: Sebastien Köhn, Anne Gathumbi and Stacey-Leigh Manuel.

Global Network of Sex Work Projects (NSWP)

NSWP is an organization whose aim is to "uphold the voice of sex workers globally and connect regional networks advocating for the rights of female, male, and transgender sex workers."[29] This network is present in Europe (ICRSE and SWAN), Africa (ASWA), Southeast Asia (APNSW), South America (PLAPERTS), North America and the Caribbean (CSWC). In 2016 and 2018 it received $149,926 and $150,000 from the Open Society for its health programs. NSWP donors include Mama Cash, the Robert Carr Fund, Count me In!, Awid, Crae, JASS just power, Urgent Action Fund and the Red Umbrella Fund (RUF).

European Sex Workers Alliance (ESWA)

ESWA is one of the largest sex worker networks in Europe. In 2021, its annual income was 275,326 euros, and the subsidies it received were 27,300 euros.[30] Ms. Sabrina Sanchez, as representative and director of ESWA, was heard by the bodies of the Council of Europe as part of the proposed resolution on "sex work in Europe", alongside Amnesty International and Médecins du Monde. ESWA also supports the application of 260 sex workers to the European Court of Human Rights.

________

[1] "ILO: Criminals making billions a year from sex trade,slavery," AfricaNews, August 13, 2024.

[2] Statista, Number of victims of forced sexual exploitation worldwide by gender in 2022.

[3] Interpol, International database on the sexual exploitation of children, 2018.

[4]Guidance document of the Working Group on Discrimination against Women and Girls, December 7, 2023.

[5] Open Society Foundations, "Understanding Sex Work in an Open Society: why use the term 'sex worker' rather than 'prostitute'?", April 2019.

[6] Open Society Foundations, "Understanding Sex Work in an Open Society: what is human trafficking, and how is sex work different?", April 2019.

[7] Open Society Foundations, "Understanding Sex Work in an Open Society: why do some people do sex work?", April 2019.

[8] Open Society Foundations, "Understanding Sex Work in an Open Society: why do some people do sex work?", April 2019.

[9] "Sex workers in many settings [report] extreme levels of violence and harassment in connection with their work, including from clients, managers and police" Open Society Foundations, "Understanding Sex Work in an Open Society: why shouldn't sex work be a crime?", April 2019.

[10] European Parliament Resolution of September 14, 2023. P9_TA (2023)0328, §§ 38 et 47.

[11] Open Society Foundations, "Understanding Sex Work in an Open Society: what is decriminalization of sex work?", April 2019.

[12] Open Society Foundations, "Understanding Sex Work in an Open Society: what's wrong with laws that target only the clients of sex workers?", April 2019.

[13] LOI n° 2016-444 du 13 avril 2016 visant à renforcer la lutte contre le système prostitutionnel et à accompagner les personnes prostituées.

[14] Dr Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental standard.

[15] European Parliament Resolution of September 14, 2023. P9_TA (2023)0328.

[16] Since 2017 the Working Group has published position papers, which have been transformed into guidance documents since 2023 and aim to contribute to clarity and standard setting in areas relating to the rights of women and girls.

[17] Working Group on discrimination against Women and Girls.

[18] A/HRC/55/69/Add.1, Facts and figures with regard to the special procedures in 2023, March 21, 2024, p.60 and 61.

[19] Mofokeng’s book, "A guide to sexual health & pleasure" p. 241.

[20] Mofokeng’s book, "A guide to sexual health & pleasure" p. 242.

[21] Mofokeng’s book, "A guide to sexual health & pleasure" p. 243.

[22] A/77/197, §92, July 20, 2022. Report on racism and the right to health.

[23] A/HCR/50/28, §70, April 14, 2022. Report on violence and its impact on the right to health.

[24] Idem.

[25] Open society, "to explore decolonial, anti-racist, and intersectional framework that can reshape the global public health architecture".

[26]United Nations, A guide on the human rights of sex workers, March 14, 2024.

[27] Grantee-partners map, year 2022, Red Fund Umbrella. 

[28] Open society, Awarded grants, 2022.

[29] https://www.nswp.org/who-we-are

[30] Annual Report, p. 3 et 7.