Asian massage parlours in Malta : the impact of a weak regulatory framework on Asian female workers

Abstract

Asian massage parlours have garnered a poor reputation in Malta, fuelled by a weak legal and regulatory framework of the industry and the presence of stereotypes targeting Asian women. This dissertation thus aims to challenge existing ideas on Asian massage parlours, specifically on Asian female workers. The latter are women subject to particular sexualisation which places them in a vulnerable position, even when they do not offer sex work. In fact, this research explores the gendered racialisation of Asian women as hyper-sexualised individuals. In 2016, the government decided to eradicate the need for licensing of massage parlours. Following this decision, this dissertation questions the impact of the weak legal and regulatory framework of this industry on Asian female workers. This dissertation argues that the removal of licensing has brought about far reaching implications, inter alia, the blurring of the demarcation between licit and illicit massage parlours, health and safety concerns and enforcement leU in the hands of the police. The weak legal and regulatory system of the massage parlour industry allows for abuse and some Asian massage parlours have served as breeding grounds for prostitution and human trafficking. The Criminal Code and White Slave Traffic Ordinance provisions on these offences as well as other related international legal instruments are analysed, in conjunction with the relevant jurisprudence to better understand the legal position of Asian massage parlours in Malta. Shortcomings in these provisions, providing a level of impunity to those accused are highlighted, with recommendations on how to improve the system in place to better safeguard Asian female workers’ rights being proposed. A plethora of research on prostitution and human trafficking is available, yet in such research, Asian massage parlours are merely referred to as a source for such activity. This dissertation thus serves to fill a gap in literature as a study exclusively on Asian massage parlours, the focal point being the Asian female workers, has not yet been attempted on a local level.