In contrast to using expert interviews merely to gain insight into, or systematise expert knowledge on a certain topic, the theory-generating form of expert interviews intends to both develop and scrutinise certain sociological or other theoretical concepts and explanations. For the study of knowledge production and governance practises in the social arena of prostitution and trafficking for sexual exploitation, Bourdieu’s conception of habitus, which refers to patterns of perception, thought, and action, served as a heuristic and theory-sensitising concept.23 Applied as professional habitus, the main research questions were how frontline actors in relevant public administration and civil society organisations refer to prostitution and trafficking, and in which ways prostitution and trafficking are governed in their institutional and organisational contexts. In order to reconstruct their structures of meaning and action, all expert interviews were digitally recorded, and most of them fully transcribed. Hereafter, the data was systematically analysed in accordance with the method of interpretation suggested, as well as by coding it in line with grounded theory methodology.24 The case analyses and comparisons served to develop theoretical and empirical conceptions of knowledge production and governance practices of governmental and civil society actors dealing with prostitution and THB. As a result, the theoretical sensitising concept of professional habitus was refined and, equally important, proved to be beneficial for gaining a deeper understanding of governance processes and structures at the executive level.
Research findings concerning governance on human trafficking: patterns of perception and action among frontline actors
The rest of this chapter presents the results of the study exploring governance of prostitution and THB for the purpose of sexual exploitation from a bottom-up perspective. It gives insight into how social actors at the level of executive agencies make sense of their organisational task, what kind of knowledge is produced, and to what extent such sense-making and knowledge production impact upon governance practices. Firstly, the theoretical dimensions and categories that emerged from the empirical analyses and that were used to systematise the governmental and civil society members’ issue-and task-related interpretations, orientations, and strategies are introduced. Then, a comparison of two contrasting cases of police detectives is presented in order to demonstrate the theoretical and practical significance of the framework concept of professional habitus, which was further developed and differentiated on this basis.
Following in-depth interview analysis, it became apparent that the governmental and non-governmental actors’ schemes of perception, thought, and action encompass three different dimensions: the ‘definition of the issue’, the ‘definition of the self’ and, the ‘definition of the environment’ (see Figure 31.1).25 These aspects of their everyday mode of governance practice build on one another and are mutually dependent and interlinked. The definition of the issue as the first element consists of public officials’ and non-governmental executives’ social frames, social categorisations, and social problematisations concerning prostitution and trafficking for sexual exploitation.26 This means it contains their (individual and organisational) response to the matter, how prostitution and trafficking is perceived and interpreted, who or what is problematised, and in which ways the people involved – for instance, sex workers, clients, pimps, traffickers, and persons affected by trafficking – are categorised. The second dimension of professional habitus formation comprises their primary working approach and working methods, as well as their issue-related self-conception. It informs us which areas and objects they focus on in their daily practice, which strategies and policies they employ, and, finally, on which professional or occupational self-concept their actions are based. The third element, definition of the environment, involves relationships with other organisations within the governance arena, as well as their underlying principles of collaboration or demarcation.
Overall, the case analyses, and comparisons of the expert interviews with social actors governing prostitution and trafficking for sexual exploitation, unearthed not only striking institutional and professional differences, but also major individual variations. In regard to the practice of criminal investigation departments, the analyses found two diverging patterns of perception, thought, and action among the persons in charge within the same policy framework of one and the same State: a “law and order enforcer oriented towards the interests of the middle and upper class”, on the one hand, and a “criminal investigator with a protective habitus”, on the other – even though both are qualified, trained, and serve as officers of criminal investigation departments. Their knowledge production and ‘law-in-action’ clearly shape reality and policy at the local level.27
Figure 31.1 Theoretical model of professional habitus formation
Before portraying the different habitus formations in terms of experience-based expert knowledge and administrative action, let us take a closer look at the local situation, and the appearance of the prostitution scene in the cities where the CID officers are working. What is crucial to notice is that these descriptions and situational reports are already part of their knowledge production based on interpretations and administrative practices, rather than objective depictions of social and criminal phenomenon. In the larger city of A, with a population of 500,000, where the law-and-order-oriented police officer is responsible for criminal investigations, the prostitution scene is significantly larger, and encompasses outdoor as well as indoor prostitution. The police officer estimates that there are about 500 domestic and foreign sex workers in the city. Since the police have only limited access and insight into the non-public sphere, this estimate is based on registered businesses, apartments listed by the police, and advertisements in newspapers and magazines. In the end, he himself characterises it as guesswork with little empirical evidence to support it. Nevertheless, in contrast and contradiction to such statements of uncertainty and partly nescience, he also claims that there is no problem with crime related to the smuggling and trafficking of human beings. Furthermore, he emphasises that the “absence” of this type of crime results from the development of the local prostitution scene, without reflecting upon the fact of low surveillance and, consequently, the existence of relative uncertainty.
In the smaller town of B, with 70,000 residents, where the criminal investigator with protection habitus deals with prostitution, the scene is smaller. The number of sex workers is estimated to be 50 nationals and women of migration background. Moreover, the prevailing forms of sex work are limited to apartment prostitution and brothel-like operations. According to the police officer, only a small number of related criminal offences, such as coercion, personal injury, illegal residence, or trafficking for sexual exploitation have been recorded. Although he does claim to have the situation in this relatively small town under control, he does not deny that crime does occur in the local prostitution scene.
The following remarks provide an illustrative example of the theoretical concept of professional habitus formation; yet they first and foremost give insight into the varying everyday governance practice of criminal investigation departments.
Professional habitus of a criminal investigation officer in the city of A: “middle-and upper-class-oriented law and order enforcer”
On the definition of the issue
The criminal investigation officer in A perceives prostitution and trafficking for sexual exploitation predominantly within the frame of regulatory rather than criminal law. From this point of view, public visibility of prostitution is constructed as the major issue and moves to the centre of his attention and, consequently, his intervention strategies. In defining the problem, he adopts the selective perspective of the privileged social classes and characterises prostitution as a “burdening environmental factor” that disturbs a “higher quality living atmosphere”. By distancing himself through this disparaging description of “proletarian living”, he marks his own social distinction and self-positioning. Interestingly, but corresponding wit
h the former, the “middle-and upper-class-oriented law and order enforcer” stigmatises only sex workers and customers involved in street prostitution in a very outspoken and offensive way. By contrast, African women working in indoor businesses are categorised in a subjectively positive, although still sexually discriminatory, manner as “cherry on the cake”, expressing either presumed customer interest or his own male viewpoint. Moreover, such a social typification indicates a lack of awareness of, and sensitisation to, THB for the purpose of sexual exploitation, either as a serious violation of criminal law, or as a human rights issue.
On the definition of the self
In accordance with his primary perception of prostitution as a matter of law and order, his everyday governance practices focus on implementing and enforcing regulatory law. The police officer is strongly engaged in investigating and sanctioning street prostitution. In order to displace the inner-city outdoor prostitution, he develops a variety of strategies, such as changes in the built environment and in traffic regulation. He even initiates that the legal and operational framework for fining street prostitutes is extended and implemented to punish their clients as well. Nevertheless, criminal offences such as THB for the purpose of sexual exploitation are only pursued in cases where there is concrete information and evidence thereof. As an example, he refers to a notification received from a criminal investigation department in another big city that provided information on the transfer of a group of African women who were to work temporarily for the local prostitution scene. In contradiction to this story, the significance of THB is downplayed as singular cases outside the knowledge and control of his police department. Instead of following common expert recommendations by conducting routine inspections, the police officer considers indoor prostitution and potentially related criminal acts as a marginal area of operation. His explicit approach, based on the principle reflected in the German proverb “no plaintiff, no judge”, is inappropriate in his role as a criminal investigator – which he in fact performs in the sense of an enforcer of law and order.
On the definition of the environment
In addition to his professional engagement, the criminal investigation officer is not only involved in, but also a co-founder of, a civic association committed to fighting local street prostitution, which he sees as a means of increasing his effectiveness. With this alliance, he intends to raise citizens’ “awareness” and their willingness to support intervention and to influence local policy accordingly. For this purpose, he also strategically manipulates the media and public by distributing evidently polemic statements on the actual situation – for instance, on the alarming risk of spreading sexually transmitted diseases – which are not backed by any evidence from the health authorities or street workers who are in contact with the women offering sex services in the street prostitution scene. In this strategic process of knowledge production, he is taking advantage of the expert role that derives from his leading position in the criminal investigation department.
The professional habitus of the criminal investigation officer in the town of B: “criminal investigator with a protective habitus”
On the definition of the issue
As opposed to the criminal investigation officer in A, his counterpart in B refers to prostitution primarily from a criminal law perspective. He is aware of globalisation in the sex business, and related crime issues such as trafficking for the purpose of sexual exploitation and illegal immigration. He perceives the foreign prostitutes with no legal residence status as both potential offenders and victims at the same time. His descriptions of his interrogation and investigation work reflect an awareness of, and sensitivity to, their feelings of distrust and resentment towards the police. Moreover, he problematises their corresponding lack of willingness to give evidence, testify, and collaborate, which limits the opportunities and outcome of criminal investigation. However, overall, his representation of, and professional relationship with, sex workers is characterised by a respectful attitude and the ability to take their perspective, on the one hand, and by professional scepticism and distance, on the other.
On the definition of the self
The criminal investigation officer considers his main task to be the close monitoring of the structures and development of the local prostitution scene, as well as the preparation of reports on the situation. His everyday governance practices focus on enforcing and prosecuting criminally relevant offences such as coercion, extortion, and assault, as well as suspected THB. Taking the complex and plurivalent role of a criminal investigation officer, he reports strong efforts to reconcile crime fighting and victim protection in dealing with both domestic and foreign women in the sex industry, and sees this as being an important part and concern of his daily business. Accordingly, his course of action in implementing regulative law is characterised by a relatively permissive and non-judgemental approach.
On the definition of the environment
The inter-organisational relationships that criminal investigation establishes and maintains are based on the principle and nature of functionally differentiated collaboration. His joint work with the municipal department of public order consists of routine inspections in the prostitution scene, which is determined by a clear division of tasks and roles: the regulatory authority is responsible for matters of regulation, while the criminal investigation department focuses on issues related to criminal law. Against the background of his awareness of THB for the purpose of sexual exploitation, he seeks to develop and maintain co-operation with a non-governmental organisation that is active on issues of prostitution and THB. He seeks their assistance whenever there is a need for counselling and supporting persons affected by trafficking or experiences of violence. The officer’s professional patterns of perception, thought, and action are in line with his institutional role and mission. His protective habitus is appropriate in that it is crucial to any effective criminal law enforcement in the context of prostitution and human trafficking for the purpose of sexual exploitation.
Conclusion
In recent years, or even past decades, THB has gained increasing importance, both from a knowledge-production as well as a governance point of view. It has become a central topic in public and expert discourses, and a major issue of national and international policy and politics. Scientific and political debates have paid much attention to narratives and legislation at the social and political macro level. However, there are hardly any studies focusing on knowledge production at the organisational meso-and micro-level, despite their theoretical and, in particular, their practical relevance. On this account, the traditional approach of the sociology of knowledge, in connection with the framework of actor-centred institutionalism, opens a worthwhile perspective and sheds new light on the governance of human trafficking.
This chapter has presented the findings of a research project that examined the professional habitus of governmental and non-governmental frontline actors dealing with prostitution and trafficking for the purpose of sexual exploitation on a daily basis. The project employed expert interview methodology to capture and reconstruct their professional habitus formations, including patterns of perception, thought, and action. The results of the data analysis show how processes of knowledge production in terms of the interpretations and social constructions of the professionals involved in the field impact upon administrative practices and the consequent policies and governance structures at the local level.
The case studies of the activities of criminal investigation departments have not only affirmed the relevance of this heuristic concept of the professional habitus, but also provided a basis for its further theoretical differentiation in terms of three dimensions: ‘definition of issue’, ‘definition of self’, and ‘definition of environment’.28 The comparative case analysis has demonstrated how, and to what extent, ‘individual’ social frames, categorisations, and definitions of problems are capable of guiding governance practices, even in an institutional setting bound by law. The
se findings are not limited to the area of police work: they also apply to other governance sectors and actors, such as regulatory authorities, public health, and social work.
The significance of micro-level knowledge production in this respect has led to developing the concept of an ‘individualised governance practice’, which is caused and explained by its underlying process character and the logic of casework. This is to say that public officials and civil society actors have to perform their professional and organisational tasks within a certain context and situation. More precisely, in their everyday work they need to define the situation, the case, and the problem, as well as how to address and deal with it. In doing so, they also have to handle and balance specific difficulties and ambivalences in the following three respects.
First, there are the challenges posed by the issue of prostitution and THB for sexual exploitation itself, which is marked by considerable social and legal complexity, as well as by difficulty of identification. Moreover, the heterogeneous and partially clandestine nature of the sex-work business results in limited knowledge and, last but not least, gives rise to heterogeneous discourses on the issue. These difficulties and ambiguities also create opportunities, but above all, they make it necessary to develop an interpretation of, and take a stance on, prostitution and trafficking. In the process of knowledge production, involving the definition of the problem and the social categorisation of clients and target groups, the development of complexity-reducing representations, characterised by oversimplifications and overgeneralisations, overemphasis of some (and neglect of other) aspects is more than likely to occur, especially under circumstances of pressure to take action.
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