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Chapter 1 provides the contextual and conceptual frameworks shaping the book. It explains the sociolegal context in which the book is situated – in particular, India’s Immoral Traffic (Prevention) Act (ITPA) of 1956, the US-led anti-trafficking regime, and the role of anti-trafficking NGOs. Conceptually, Chapter 1 lays out how the book places postcolonial law in a broader field of neoliberal government including state agencies and foreign-funded NGOs acting upon prostitution. It explains how the book pursues new directions in legal anthropology with an attentiveness to multiple scales of governance and law’s implementation by state and nonstate actors, while remaining deeply rooted in the minutiae of legal practices and spaces. Finally, Chapter 1 shows how the book is in dialogue with interdisciplinary feminist scholars who have critiqued anti-trafficking campaigns and provided nuanced ethnographic insights on the complexities of sex workers’ lives. It explains how, unlike these studies, this book is not an ethnography of sex work, sex trafficking, or even of anti-trafficking interventions alone. Instead, it explores how India’s anti-prostitution law and global anti-trafficking campaigns converge and act upon sex workers, and how sex workers navigate and resist them.
Drawing upon ethnographic research and an analysis of judgments at the Special Anti-Prostitution Court in Mumbai, Chapter 4 shows how rescued women’s testimony is only one (albeit significant) factor shaping the outcomes of trials against the accused. The chapter illustrates how these trials are primarily shaped by the priorities of Indian law, its interpretation by the police and prosecutors, and the possibilities that requirements for “respectable” witnesses both in the ITPA and in Indian procedural law open up for NGOs. It reveals that anti-trafficking NGOs’ participation in the Special Court is neither entirely dependent on victim-witness testimony, nor on proving sex trafficking. Overall, the chapter shows how evidence and testimony at this Special Court is presented to prove prostitution rather than sex trafficking, and how NGOs, police, and other witnesses participate in what the author refers to as the choreography of these trials. Beyond victim-witness testimony, it examines how the testimony of other prosecution witnesses (police officers, NGO workers, and decoy customers), forms of material evidence (cash, packets of condoms and tissues), and medical reports shape ITPA cases and their outcomes at the Mumbai Special Court.
The introduction explains the setting of the ethnography at the intersections of law, NGOs, the Indian state, and the global anti-trafficking regime. It explains the sequence of interventions the book will follow, from rescues to courts to shelters, prescribed by Indian law and implemented by legal actors and NGOs. It lays out the sites and processes the book will explore through encounters between those implementing these interventions, and those experiencing them. It outlines the book’s central aims: how it uses the intersections of anti-trafficking and anti-prostitution interventions as points of entry to foreground how sex workers navigate them, critique the prevalent assumptions and preferred solutions of the global anti-trafficking regime, and explore the complex relationship between law and NGOs in India. It discusses the broader concerns and approaches these interventions bring to the governance of prostitution – global humanitarianism, policing and criminal justice, the paternalism of the Indian state and NGOs, neoliberal women’s empowerment programs, and an anti-immigrant sociopolitical climate. The introduction also explains the author’s methods, research design, and positionality, and the organization of the book.
Chapter 5 focuses on NGO-assisted judicial inquiries with rescued women in the magistrate’s chambers at the Mumbai Special Court. These inquiries, prescribed by the ITPA, seek details about rescued women’s backgrounds and entry into the sex trade. Based on the information women provide, magistrates make decisions about their custody – either sending them back to their families or to shelters and economic rehabilitation programs. Per the ITPA, these decisions are based not on the consent or preferences of rescued adult women, but on the evaluations magistrates make. The chapter demonstrates how inquiries do not merely seek information, but use the tactics of counseling and censure to evaluate identity and kinship. It shows how inquiries are framed both by accusations of immorality and by concerns about victimhood, and how women respond with narratives centered on poverty and kinship. By focusing on this site and process, the chapter illuminates how female judges and NGO workers combine state paternalism, moral reform, sexual humanitarianism, and immigration control in the governance of prostitution. The chapter also shows how Bangladeshi women are targeted by, and navigate, a culture of suspicion and regime of documentation that brings anti-trafficking, anti-prostitution, and anti-immigration imperatives together.
The author reflects on some significant legal and policy developments – on the newly expanded scope of anti-trafficking, on the rehabilitation of sex workers, and on the escalated targeting of Bangladeshi migrants – that have emerged since her ethnographic research. Through these updates, she revisits some of the key themes outlined in the Introduction and tracked through the book: the excess of legality around the governance of prostitution and trafficking in India, the central role played by NGOs in these forms of governance, and the impact of these forms of governance on the women they target. It is argued that even as the legal framework of anti-trafficking now exceeds that of anti-prostitution, they continue to remain deeply connected, through the work of anti-trafficking NGOs, and through existing models of intervention established under India’s anti-prostitution law (the ITPA). The author also discusses how the anti-immigrant sentiments against Bangladeshi women that shaped the implementation of anti-prostitution and anti-trafficking imperatives during her research have been greatly magnified and exacerbated by India’s Hindu right wing-led government in the decade since.
This insightful ethnography delves into the complex intersection of India's anti-prostitution law and global anti-trafficking campaigns, and how they impact sex workers in both voluntary and involuntary situations. Immoral Traffic examines the role of legal actors and NGOs in implementing these interventions, revealing the mix of paternalism, humanitarianism, punitive care, bureaucracy, and morality in their efforts. Through a sequence of interventions prescribed by India's anti-prostitution law, the book follows the experiences of sex workers, from rescues to courts to carceral shelters. It sheds light on the ways in which donor-driven NGOs draw upon this law to implement anti-trafficking agendas, and how these interventions are navigated by women removed from the sex trade. Detailed and eye-opening, this book is a valuable resource for scholars and students of anthropology, law and society, gender and sexuality studies, South Asian studies, global studies, and critical studies of NGOs and humanitarianism.
The Geneva Declaration on Human Rights at Sea is a recent initiative of the non-governmental organization (NGO), Human Rights at Sea, and provides an opportunity to examine how an NGO-led initiative may contribute to international law-making. This article compares the Geneva Declaration to other NGO-led endeavours that resulted in the adoption of international treaties, including the Ottawa Convention, Cluster Munitions Convention, and Nuclear Weapon Ban Treaty. It also assesses how NGOs may contribute to the development of informal agreements that influence state decision-making. In doing so, the discussion draws on interviews with the drafters of the Geneva Declaration to further assess the possible trajectory of the instrument in international law-making. The experience of Human Rights at Sea in developing the Geneva Declaration provides a striking example of the current potential and limits of civil society actors in international law-making.
In 2020, amid aggressive and inflammatory political discourse and an unprecedented wave of violent attacks against migration Non-Governmental Organizations and their staff, the Greek Government sought to establish a new legal framework for the registration of Non-Governmental Organizations active in the fields of international protection, migration and social inclusion, and their members. This Article aims at providing an overview of the EU-law based litigation brought by Greek Civil Society organizations to challenge the new framework for breaching fundamental rights, and at exploring its effects beyond the Court proceedings. This Article concludes that, counterintuitively, the existence of pending litigation against the Regulation establishing the NGO Registries hampered advocacy on this issue with the European Commission.
Non-governmental and civil society organizations have long been recognized as crucial players in climate politics. Today, thanks to the internet, social media, satellite, and more, climate activists are pioneering new organizational forms and strategies. Organizations like Fridays for Future, 350.org, and GetUp! have used social media and other digital platforms to mobilize millions of people. Many NGOs use digital tools to collect and analyze 'big data' on environmental factors, and to investigate and prosecute environmental crimes. Although the rise of digitally based advocacy organizations is well documented, we know less about how digital technologies are used in different aspects of climate activism, and with what effects. On this basis, we ask: how do NGOs use digital technology to campaign for climate action? What are the benefits and downsides of using technology to push for political change? To what extent does technology influence the goals activists strive for and their strategies.
This chapter is about the perspectives and experiences that female sex workers in China share across tiers of prostitution. The daily lives of low-tier sex workers, hostesses, and second wives in China differ from each other in important ways. Yet despite relatively fixed boundaries between tiers of prostitution, these women do not exist in unrelated, independent silos. After all, their source of income comes from the same activity: exchanging sex for money or other material goods. The chapter first highlights how movement across tiers of sex work is limited, and how low-tier sex workers and hostesses express a preference for the work conditions in their own tier, rather than voice a desire to move up in the pecking order. It then examines narratives that these women have in common across all three tiers. Lastly, it discusses how sex workers who cross paths with grassroots organizations develop a shared consciousness of their membership in a global community of sex work civil society, and appropriate its language and symbols in their own lives.
This chapter captures the current state-of-play of the West Line hub in a continually turbulent region, speculating on how things might and should go in the future – both in the West Line and in other e-waste hubs that share many dynamics and predicaments. The future of the West Line and its long-standing e-waste industry teeter in the balance, buffeted by geopolitical currents. The West Line waste flows and burning emerged from the Israeli-Palestinian conflict and have embodied it for decades, in a way that is increasingly salient in the recent years of a right-wing coalition government, and intensified conflict after October 7, 2023. The politics of waste is now explicit, with Palestinian municipal rubbish collection trucks blocked by military checkpoints, and Israelis calling for a creeping “green” annexation of Area C and whittling away of Palestinian authority in Areas A and B as the only way to prevent the “chemical terrorism” of waste burning. While these regional politics, which have so frustratingly frozen our promising hub-driven efforts, are surely sui generis, the underlying challenges are instructive globally for the interfaces between the e-waste hubs, environmental NGOs, and national e-waste policies, and this chapter closes in teasing out these broader lessons.
Chapter 3 addresses the suggestion that for a special regime to exist, there must be a mutual engagement of community members. As the chapter argues, in the context of international law, a mutual engagement among a group of international law specialists can be inferred from their participation in a distinct legal discourse, and from their further specialization and distinct way of ascribing functions to legal agents. More specifically, it can be inferred from: the publication of specialized international law journals; the way of organization of conferences and workshops; the creation of inter-governmental organization; the work of NGOs; the specialized research profile of international scholars and description of chairs; their separation of tasks and division of labour; and the function that they ascribe to the judiciary and to the international legal scholar.
The conservation sector increasingly values reflexivity, in which professionals critically reflect on the social, institutional and political aspects of their work. Reflexivity offers diverse benefits, from enhancing individual performance to driving institutional transformation. However, integrating reflexivity into conservation practice remains challenging and is often confined to informal reflections with limited impact. To overcome this challenge, we introduce co-reflexivity, offering an alternative to the binary distinction between social science on or for conservation, which respectively produce critical outsider accounts of conservation or provide social science instruments for achieving conservation objectives. Instead, co-reflexivity is a form of social science with conservation, in which conservation professionals and social scientists jointly develop critical yet constructive perspectives on and approaches to conservation. We demonstrate the value of co-reflexivity by presenting a set of reflections on the project model, the dominant framework for conservation funding, which organizes conservation activity into distinct, target-oriented and temporally bounded units that can be funded, implemented and evaluated separately. Co-reflexivity helps reveal the diverse challenges that the project model creates for conservation practice, including for the adoption of reflexivity itself. Putting insights from social science research in dialogue with reflections from conservation professionals, we co-produce a critique of project-based conservation with both theoretical and practical implications. These cross-disciplinary conversations provide a case study of how co-reflexivity can enhance the conservation–social science relationship.
This Element traces the history of and recent developments in the unstable relationship between global civil society (GCS) and China. It analyses the normative impacts GCS has had on China – including the Chinese state and domestic civil society – and the possibilities created by Beijing's new 'going out' policies for Chinese civil society groups. It examines the rhetoric and reality of GCS as an emancipatory project and argues that 'universal values' underpinned by principles of human rights and democracy have gained currency in China despite official resistance from the government. It argues that while the Chinese party-state is keen to benefit from GCS engagement, Beijing is also determined to minimize any impact outside groups might have on regime security. The Element concludes with some observations about future research directions and the internationalization of Chinese civil society.
This chapter focuses on the specific role of social movements and NGOs in energy policy-making in the CEE region. This is structured through a series of case studies that highlight contemporary energy policy issues, specifically with relation to energy pricing, issues of equity and energy poverty, nuclear energy, shale gas and renewable energy. The chapter examines how these issues are framed, justified and legitimised, and the extent of broader societal participation and support. To provide context this chapter considers the developing role of civil society in the region, including legacies of socialism, the historical and contemporary role for societal input into general policy-making, changes in state-civil society relations and the development of NGOs and interest groups and their influence on climate and energy policy. It studies these issues in four sub-sections: energy poverty, the shale gas debate and the role of opposition on environmental grounds, nuclear energy and public participation, and local and community energy initiatives.
The human rights movement is by no means uniform and a series of challenges, both within the movement and in respect of its role as a political actor, have become more pronounced with the increasing power of human rights and its advocates. This development has cast the light on human rights advocates, such as NGOs, and has raised questions both of legitimacy – who are you to make claims in the name of human rights or on behalf of certain people? Are you living up to human rights principles in your own practice? – and effectiveness – are you really making the positive difference in people’s lives you claim to make? Responses to these challenges testify to a growing self-awareness and critical assessment of the nature of human rights work, which includes an evaluation of the efficacy of strategies used to promote and protect human rights. Inevitably, human rights advocates are increasingly drawn into the political domain and are faced with the difficult task of marrying principle with pragmatism. This chapter explores the tensions arising in these contexts and assesses the strategies used by human rights actors, namely documentation, human rights reporting, advocacy, awareness-raising, training and education and, where relevant, litigation
This chapter introduces a self-development theory of the nonprofit sector, informed by alternative development and basic-needs theory. The theory presented in this chapter suggests that nonprofit law plays a role in creating a legal framework that allows people to participate in the improvement of their own lives and communities through self-development. With a nonprofit-friendly legal environment in place, individuals have greater economic incentive to work within their own communities to create organizations that help individuals, families, and communities to meet their own needs. This paradigm stands in contrast to views of nonprofit organizations as facilitators of rescuing behavior, in which one group of people seeks to uplift another. Based on cases in Nigeria and South Africa, this paper describes the role and importance of nonprofits in facilitating the development of individuals, institutions, and communities from within.
Charities are long-established and increasingly prominent non-state actors in social policy. However, these organisations remain understudied within social policy research, particularly their presence in the delivery of global social policy. This paper provides new cross-national evidence about charities operating internationally. It makes use of a comprehensive administrative dataset covering the country of operation of every overseas charity registered in England and Wales, Australia, and Canada. The international connections of charities are extensive, and these organisations are much more likely to work in countries with shared colonial and linguistic ties, and less likely to work in those with poor governance or high levels of corruption. This paper goes beyond a binary focus on either “developing” or “developed” country contexts, and provides insight into the international connections of “non-elite” as well as “elite” social policy actors.
European States have adopted policies to push back not only against migrants fleeing across the Mediterranean Sea but also against those individuals and NGOs who act in solidarity with them. This article seeks to demonstrate how the activities of maritime NGOs in solidarity with migrants may be protected from States’ interferences within the framework of international human rights law. In a novel inquiry, we submit that both monitoring as the gathering of information and even search and rescue operations may be considered forms of the freedom of expression. Furthermore, as State measures, ranging from intimidation to criminalization, undoubtedly serve to counter migration to Europe, we argue that Article 18 ECHR may be violated if the interferences’ ulterior purpose is exposed. By showing solidarity, at times we also express ideas. Think of those who hid Jewish people during the Nazi regime, the NGOs who organized private aircrafts to save Afghans after the Taliban’s takeover, and those who today go to the Ukrainian border to collect people fleeing the war. This article is based on the authors’ conviction that human rights law must adapt to remain viable in the face of unprecedented human rights challenges and the resourceful civic actions to meet them.
As Bernhard Harms pushed demanded a more global League trade policy, Lucien Coquet tried to establish firmer European substructures. Coquet embraced regional trade policy as a means to address unresolved Franco-German tensions over security. In effect, he was trying to reimpose the temporary constraints that had been placed on German commercial rights through the Treaty of Versailles by applying them to the rest of Europe as well. To advance this goal, he helped rally French politicians and business leaders in a new organization that was simply called the European Customs Union (Union Douanière Européenne, or UDE). Working in close partnership with the French Ministry of Foreign Affairs, Coquet built out national branches of the UDE across Europe. Coquet and Riedl joined forces in 1929 to promote a proposal for European federation from the French Minister of Foreign Affairs, Aristide Briand, and a parallel plan for a League-sponsored tariff truce. This marked a brief moment of unity when diverse League collaborators tried to work together to respond to the onset of the Great Depression through concerted European tariff reduction. This cooperation quickly lost momentum as the Great Depression advanced, however.