The ILO and the Oldest Non-profession

In June 2010, the International Labour Organization (ilo) approved the first labor standard on hiv and aids in the world of work, and the ratification of Recommendation No. 200 has been hailed as a step forward by various sex workers’ organizations. As activists from the Global Network of Sex Work Projects write on their webpage, sex work is not specifically mentioned in the ilo recommendation, but they refer to the discussions during the drafting process and to subsequent meetings concerning hiv to emphasize the labor approach of the Geneva organization.1 The ilo, too, stresses that the recommendation “reaches out to all workers” and highlights its community-based initiatives to train sex workers.2 The use of the term “sex worker” instead of “prostitute” in its policy papers and communication on its hiv programs is also a clear indication of the ilo’s recent approach to prostitution. Sex work, however, remains in limbo in international labor law. In spite of its recognition in some national legal contexts (e.g. Germany, New Zeeland, and the Netherlands) and the increased worldwide activism of sex workers from the 1970s onward, the ilo has never advocated the legalization of prostitution. This paper provides a historical overview of the ilo’s stance toward prostitution. It argues that the ilo’s refusal to put forward an international labor standard that would place sex workers on an equal footing with other workers is linked to the generalized condemnation of commercial sex, which has deep roots. Furthermore, it highlights the divisions within the ilo that make the recognition of prostitution as a form of work difficult. The analysis unfolds in two sections. In the first part, I take the reader on a conceptual tour from