Rethinking Transactional Sex in Humanitarian Settings: Reflections for the way forward

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Transactional Sex (TS) is often used as an umbrella term to encompass a wide range of practices ranging from sex work to sexual exploitation and abuse. TS is typically framed in humanitarian settings through reductive lenses that portray the person engaged in them as without agency, forced into “negative coping strategies” by a larger crisis. Academics and practitioners have challenged these dominant framings in the Transactional Sex in Humanitarian Contexts panel as part of the 6th International Humanitarian Studies Conference. The presentations highlighted both the complexity and the nuanced nature of TS in different contexts, and common trends spanning a broad spectrum of humanitarian and displacement settings, including Bangladesh, the Democratic Republic of the Congo (DRC), France, Greece, Jordan, Lebanon, Pakistan, Sudan, Switzerland, Syria, and Turkey. The panel offered a reflection of the ideologies and frameworks implicit in humanitarian operations, which can blind us to the diverse needs and strategies of those engaged in transactional sex.

Transactional sex in humanitarian contexts: contemporary paradigms and interpretations

Transactional sex is the exchange of sex for cash, goods, services, commodities, or privileges. It is often framed by humanitarians as a form of violence in and of itself. Characterised by victim/saviour relationships and rescue narratives, these problematic and essentialising representations can have real world implications on policy and programming, along with unintended, often negative impacts on the lives of those engaged in them. To further complicate matters, there is a lack of conceptual clarity, and standardised and consistent use of terminology, such that what many describe as “transactional sex” is commonly conflated and used interchangeably with survival sex, sexual exploitation and abuse, sex work or sex trafficking.

Transactional sexual relationships exist on a spectrum encompassing various states of consent, power, emotional attachment, economic compensation, and social acceptability. All panelists highlighted that the lived experiences of those engaged in transactional sex do not align well with these monolithic representations, and are rather shaped by numerous structural factors, relating to historical pathways of patriarchy, conflict conditions, and other social, economic, and individual factors that often intersect with intimate consensual relationships. There is growing recognition that interpretations of transactional sexual relationships are culturally determined and constructed, and that this work involves complex negotiation of strategies of agency. Transactional sex occurs against a backdrop of gendered social norms, which are constantly shifting, and may vary between and within countries and communities.

Limitations and challenges of the current discourse

This is not to say that transactional sex is necessarily a safe or desirable livelihood strategy. Transactional sexual relationships are shaped by various structural drivers and conditions that are often created by migration, and aid policies and politics, among other inherent power disparities that entail risks of gender-based violence, and negative impacts on sexual and reproductive health. However, it is crucial to recognise that individuals weigh such risks in relation to their own lives and define what safety and protection means for them. This is further shaped by other factors relating to sexual orientation, gender identity and expression, social and cultural factors, and disability, for example. Research and empirical insights from practitioners are increasingly challenging the erasures of non-heteronormative experiences of transactional sex and calling for more intersectional approaches in research and programming.

People engaging in transactional sex and civil society groups, including human rights defenders, health advocates, sex worker-led organisations, NGOs, and grassroots movements, have already provided rich empirical insights and recommendations across a wide-range contexts, which, however, have not been taken up meaningfully by the humanitarian community. For example, in the post-panel Q&A it was highlighted how the Women´s Refugee Commission (WRC) Working with Refugees Engaged in Sex Work: A Guidance Note for Humanitarians, issued in 2016, might have been overshadowed by the #Aidtoo movement in 2017, and how a moral panic seldom allows for nuance and complexity. Moreover, we may also need to recognise that not all those who engage in TS identify as sex workers, and humanitarian actors do not necessarily see TS as sex work, which may be why such guidance can be interpreted very narrowly.  More recently, UNHCR and UNFPA launched the operational guideline Responding to the health and protection needs of people selling or exchanging sex in humanitarian settings  (2021) which will hopefully provide a clearer framework going forward in this regard.

The way forward: Rethinking transactional sex policy and programmes.

It is crucial to examine whose knowledge, voice, and power drives policy – or lack of it – on issues around TS, and how people engaged in TS in humanitarian settings, including migrants and refugees, become problematised, supported, and intervened upon by institutions based on vulnerabilities associated with and/or biases regarding gender, sexual behaviour and orientation. It is worth reflecting on why some experiences are omitted or marginalised, and how conditions of vulnerabilities are created by these very same institutions.

Transactional sex will continue to be a coping strategy for many individuals who make complex decisions and tradeoffs in humanitarian and displacement settings. Sometimes it may be the least risky option compared to the available alternatives. Bringing in the perspectives from and lived experiences of people engaging in transactional sex offers a crucial step in understanding their lives, decision-making process, desires, needs, or wants, and understanding. This includes, for example, the structural conditions and policies imposed by governments and humanitarian institutions that drive people into this practice, as well as considerations about whether they want to continue to engage in transactional sex safely or find other strategies. Ensuring sustainable and inclusive programming, and refraining from causing harm by perpetuating stigma and exclusion, centres on this more holistic reimagining of the issue of transactional sex as a complex social phenomenon.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the authors:

Clea Kahn has nearly 25 years of experience in the humanitarian sector in Africa, South Asia, and Southeast Asia. She holds an LL.M. in international human rights law, an MSc in psychology, and is currently pursuing a doctorate in counselling psychology. Clea focuses on protection of civilians, gender-based violence and migration/refugee issues, and is a member of the ListenH project: Livelihoods and transactional sex in Humanitarian Crises. She can be contacted at cleakahn@cleakahn.com.

Michelle Alm Engvall is a cultural anthropologist with a specialty in sex work and humanitarian action. Her research focuses on how framed understandings of transactional sex influence policy and programming and how this can lead to unintended consequences for affected populations. She can be contacted at michelle.a.engvall@gmail.com

Shirin Heidari is a senior researcher at the Global Health Centre, and research affiliate at the Gender Centre, Graduate Institute of International and Development Studies in Geneva. She is the principal investigator of a multi-country multi-disciplinary research on transactional sex and health repercussions in forced displacement. She can be contacted at: shirin.heidari@graduateinstitute.ch

Megan Denise Smith is a humanitarian worker and gender-based violence specialist with ten years of experience working with migrants and refugees in Bangladesh, Egypt, Lebanon, Rwanda, and the UK. She is currently based in Cox’s Bazar, Bangladesh with the International Organization for Migration (IOM) where she has managed IOM´s GBV programming as part of the Rohingya refugee response since 2017. She can be contacted at megandenisesmith@gmail.com

Dorothea Hilhorst

Dorothea Hilhorst is professor of Humanitarian Studies at the International Institute of Social Studies of Erasmus University. Her focus is on aid-society relations: studying how aid is embedded in the context. She coordinates the ListenH project: Livelihoods and transactional sex in Humanitarian Crises. Email: hilhorst@iss.nl Twitter: @hilhorst_thea

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More legal flexibility needed for Syrian refugees living in Jordan and elsewhere by Dina Zbeidy

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Painting of a refugee

Jordan is home to some 700,000 Syrian refugees who are trying to adapt to Jordanian laws and customs, including the legal requirement and social expectation to register a marriage. Dina Zbeidy argues that while the precarious legal and economic status of Syrian refugees in Jordan plays a part in preventing them from registering their marriages, development organizations can play an important role by shifting their focus to addressing structural obstacles Syrian refugees face and by challenging the problematic legal system.

Marriage registration is mandatory in many countries, including Jordan, and its importance is inscribed in various international conventions.[1] The non-registration of a marriage has a number of grave consequences in Jordan specifically, since, here, lineage and nationality pass through the father. Therefore, marriage registration is needed in order for children born in Jordan to receive a legal identity and gain access to various rights and services. Indeed, one of the main concerns among organizations and officials revolve around the fact that non-registration can lead to children lacking a recognized national identity[2].

In Jordan, development organizations and Jordanian officials debate the negative implications of the non-registration of marriages among Syrian refugees. However, they often miss the point and their argumentations diverge from the concerns and daily experiences of Syrians themselves. In 2016, I conducted over ten months of fieldwork as part of my PhD research on marriage practices among Palestinian and Syrian refugees in Jordan and the work of development organizations on the topic. I noticed that Syrian refugees were often concerned with navigating the legal and social obstacles they faced due to their recent displacement. While most of my respondents were aware of the legal obligation to contract a marriage through court, they often did not have the means to do so, and were worried about the negative image Jordanians held towards Syrians because of their different marriage practices.

The fact that some Syrian couples in Jordan do not register their marriages stems from a variety of factors. One factor is the different legal system they were used to in Syria. While according to Syrian law marriages should also be concluded through the court, in practice most Syrians concluded what they term a zawaj sheikh, that is a marriage concluded by a sheikh and fulfills the Islamic requirements of a marriage, but is not officially registered at court. The couple usually registered the marriage at a later stage, often after the birth of their first child.

In addition, many Syrians in Jordan faced difficulties obtaining the necessary legal documents. Especially young Syrian men were reluctant to seek the assistance of the Syrian embassy as they were wanted in their country for military service. Moreover, for the majority of Syrians who struggled financially, the high costs in documentation and transportation formed another obstacle.[3]

While most Syrians were aware of the requirement to register a marriage, the obstacles they faced did not lead them to refrain from getting married. Having lost loved ones due to war, and away from family members dispersed around the region, marriage provided them with one way through which they could build a new life in displacement. Respondents stressed the desire to start their own families and make a home for themselves amidst their precarious conditions. Therefore Syrians have tried to find ways to circumvent the legal obstacles to ensure that they can still get married.

Structural obstacles must be addressed

Syrian refugees thus face a number of challenges when it comes to complying with Jordanian laws on marriage registrations. But what development organizations and Jordanian officials fail to highlight is the problematic legal system itself. Interventions of organizations focus on spreading awareness around the legal requirement of marriage registration through workshops and explaining the consequences of failing to do so. By doing this, they place the responsibility for change on the shoulders of refugees themselves instead of addressing the structural obstacles refugees face, or calling for Jordanian officials to facilitate marriage registration for refugees who lack the means to do so according to the current regulations.

Moreover, harsh laws related to the recognition of newborn infants pending marriage registration status are particularly problematic. Bearing children outside of an official marriage is still a taboo issue on which organizations choose not to publicly campaign, leaving the patriarchal legal system unchallenged. In order to alleviate the burden placed on refugees, it is necessary to place the focus for finding a solution on the Jordanian legal system itself. This can be done both by taking into account the specific obstacles refugees face due to their displacement, and by addressing women’s vulnerable legal status in Jordan when not officially married.

Dina Zbeidy will hold a seminar about the Marriage Registration in Jordan at the ISS on November 26.

[1] See for example Article 3 of the UN General Assembly Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, and Article 16.9 of the Convention of Elimination of Discrimination against Women (CEDAW).

[2]In my interviews with employees of Jordanian development organizations, the scale and impact of unregistered marriages became apparent. I was told about a case of a Syrian couple living in Jordan who had concluded  a marriage according to Syrian custom. When the wife went to the hospital to deliver her baby, she was asked by hospital staff for her marriage contract. When she was unable to provide them with one, social services took her newborn baby away and the husband was arrested. While the law discusses the status of an ‘illegitimate child’, it does not mention the removal of a child. Nevertheless, this practice seems to be a regular occurrence.

[3] As mentioned by my respondents and according to the Registering Rights Report (2015).

References:
Nimri, Nadeen. 2017, February 28. To Give Birth to a Child outside of Wedlock in Jordan. Raseef22 (Arabic).
Norwegian Refugee Council (NRC) and International Human Rights Clinic (IHRC). 2015, October 15. Registering Rights: Syrian Refugees and the Documentation of Births, Marriages, and Deaths in Jordan. Cambridge: IHRC, Harvard Law School
Part of the arguments and ethnographic data in this piece were discussed and published in the following article:
Zbeidy, Dina. 2018. “Marriage Registration among Palestinians and Syrians in Jordan: Debating Identity, Society, and Displacement.” Sociology of Islam, 6(3), 359-380.

Image Credit: DFID – UK Department for International Development on Flickr. The image was cropped.

dina-zbeidy.jpgAbout the author:

Dina Zbeidy is a PhD candidate at the University of Amsterdam in the Netherlands. Her PhD research focuses on marriage practices and discourses among civil society and refugee communities in Jordan. She has over eight years of professional experience in non-profit work in Palestine and the Netherlands. She currently teaches social sciences and conducts research on topics related to law and justice at the Leiden University of Applied Sciences.