‘GAY’ SEX TRADE CHAIN

BETWEEN USA AND MEXICO

Gaining and Loosing spaces

UNIVERSITY OF WARWICK
 Warwick ID No. 1666129

1. INTRODUCTION
With the liberalization of economies around the world sex tourism has become a sprawling

industry since the last two decades which caters to specific demands of different groups based

on their age, nationality, financial condition, gender and sexuality. Societal structures and

bonds are changed, blurred and reconfigured due to the new spatial, temporal and economic

reconfiguration due to the proliferation of global trade regime. This change has created new

opportunities as well as problems for diverse groups.

In this essay, I analyze the LGBT sex trade chain between Mexico and USA. I will present an

account of the reasons of the growth of the sex tourism industry in Mexico (such as

liberalization of Mexican economy that aligned domestic policies with NAFTA trilateral

agreement) the motives of ‘gay’ men from USA to visit Mexico for tourism and the socio-

economic opportunities and risks it has created for ‘gay’ men in Mexico engaged in sex work.

I will analyse these developments in terms of push-pull factors. Furthermore, I will analyse the

role of international instruments and domestic laws in both countries (trafficking protocols and

ILO conventions, trafficking laws in Mexico and USA, and laws preventing discrimination

against sexual minorities in Mexico and USA) and the ‘biopolitics of sexuality’ in the creation

of the subjectivities, identities and spaces for the facilitation of this trade chain.

While analysing these factors I will also look at their role in the reproduction of hetero-

normativity while changing the economic landscape of ‘gay friendly’ beach towns/cities. On

the other hand, I will also investigate how the engagement of gay men involved in the industry

on both sides of the chain (tourists and the sex workers) and the intermediaries (club, hotel

owners, massage parlours) create the opportunity to ‘queer’ the heteronormative spaces and its

effects on the society at large. Lastly, I will look at the advantages and disadvantages this

specific trade chain generates for the gay men engaged in the sex work industry. I will argue

taking the intersectionality approach that ‘gay’ sex workers are in constant risk and face

1
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multiple disadvantages (social stigma, hate crimes, discrimination and violence) due to their

sexuality, as well as due to the non-recognition of human rights of gay sex workers in domestic

laws, international instruments and moralizing discourse of trafficking. Finally, I will conclude

my essay arguing that instead of privileging trafficking discourse and taking a prohibitionist

approach, a human rights approach should be applied at the international and domestic level

for recognition of the rights of the LGBT sex worker community in Mexico that will help

reduce discrimination and exploitation against them.

2. ENGENDERING MEXICAN ECONOMY, SOCIETY AND

ITS RECONFIGURATION FOR FREE TRADE
In this section I will provide a historical context of the trade and diplomatic relations between

Mexico and USA, the social norms regarding sexuality and the positioning of Mexico in the

global market. This will help me argue that the transition of Mexico from a socialist state to a

neoliberal state in the contemporary context produced new gendered identities of gay men as

well as ‘gay friendly’ spaces1.

If we look at the history of Mexico and USA the relationship between the two countries have

been turbulent since the 1800s because of a war that alienated one half of Mexico’s natural

resources and territories to the USA2. During the Cold War period Mexico was a soviet style

society and had close connections with the communist countries3. Although, till the 1980s

Mexico had tried to maintain a socialist structure of government and trade, but, plunge of oil

prices in 1982 sabotaged the economy as it was heavily reliant on the profits generated from

the extractive oil industry4. This virtually doubled the debt of Mexican government taken from

1
Mendoza C., Beyond Sex Tourism: Gay Tourism and Male Sex Workers in Puerto Vallarta (Western
Mexico), International Journal of Tourism Research (2013) Vol. 15 No. 2, pg. 122-137
2
Merrill T.L. and Miró R., Mexico: A Country Study (Library of Congress, 1997) pg. 172-174
3
Merrill T.L. and Miró R., Mexico: A Country Study (Library of Congress, 1997) pg. 172-174
4
Merrill T.L. and Miró R., Mexico: A Country Study (Library of Congress, 1997) pg. 145-149; Lara F.,
The Role of U.S. Imperialism in Mexico’s Crisis, Liberation News (14 Nov 2010)
<https://www.liberationnews.org/panel-latinamerica-01-us-imperialism-in-mexico-html/>

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USA and the World Bank5. And finally, with the mounting international debt Mexico was

forced to open its economy for free trade which materialized in the form of North American

Free Trade Agreement (NAFTA) in 19946. It restructured Mexico’s economy into an ‘export

based economy’ but at the same time NAFTA also facilitated restructuring of Mexico as an

exotic and ‘open’ space for leisure and tourism7.

Mexico aligned its domestic trade policy with NAFTA which emphasises to promote tourism

as a highly competitive industry in order to revive its economy8. Moreover, gay tourism got

complemented by the cultural tradition of Mexican society. Mexico has been viewed as

culturally open society for non-normative sexual identities and activities, therefore it has been

major attraction for tourists9. Moreover, Mexico receives most of its tourists from USA (85

percent in the year 1993)10. The interplay of a highly promoted tourism industry, marketing of

Mexican society as ‘open’ and the erosion of social welfare created situations for developing

coastal beach towns of Mexico as ‘gay friendly’ spaces to target the ‘gay’ tourists from all over

the world11. Where on one hand, the state was under intense pressure to make tourism highly

commercialized and attractive, the local communities were struggling with the socio-economic

pressures they were facing due to the erosion of social welfare and safety net12.

Therefore, natives of this new ‘gay friendly’ beach towns/cities who were tolerant but not

5
Ibid
6
Ibid
7
Manuel Rodriguez, Tourism and NAFTA: Towards a Regional Tourism Policy, Tourism Management
(1994) Vol. 15 No. 5, pg. 319-322
8
Ibid
9
Cristobal Mendoza, Beyond Sex Tourism: Gay Tourism and Male Sex Workers in Puerto Vallarta
(Western Mexico), International Journal of Tourism Research (2013) Vol. 15 No. 2, pg. 122-137;
Howard Hughes, Juan Carlos Monterrubio and Amanda Miller, ‘Gay’ Tourists and Host Community
Attitudes, International Journal of Tourism Research (2010) Vol. 12 No. 6, pg. 774-786
10
Merrill T.L. and Miró R., Mexico: A Country Study (Library of Congress, 1997) pg. 215; Organization
for Economic Co-operation and Development, National Tourism Policy Review of Mexico (Report)
(October 2001)
11
Howard Hughes, Juan Carlos Monterrubio and Amanda Miller, ‘Gay’ Tourists and Host Community
Attitudes, International Journal of Tourism Research (2010) Vol. 12 No. 6, pg. 774-786; Lara F., The
Role of U.S. Imperialism in Mexico’s Crisis, Liberation News (14 Nov 2010)
<https://www.liberationnews.org/panel-latinamerica-01-us-imperialism-in-mexico-html/>
12
Ibid

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necessarily ‘open’ to non-normative sexual identities accepted it as a part of their social life as

a source of livelihood13.

Therefore, the transition of Mexico from a socialist state to the free market economy

reconfigured the social norms of sexuality and spaces at the micro level which led to the

construction of ‘gay’ sexual service providers in Mexico. Apart from that, in the next section

I will discuss the international, regional, and national legal regimes related to LGBT rights and

sex work to fully analyse the ‘gay’ sex tourism chain and gender relations that creates in this

specific context.

3. LEGAL REGIMES AND ‘TECHNOLOGIES

OF POWER’ SHAPING TRADE CHAIN AND GENDER
IDENTITIES
In this section, I will argue that the intersection of legal regimes related to trade, sex work and

rights of LGBT persons at the international, regional and national level creates

specific situations which shapes the chain and spatiality of ‘genderscapes’. Therefore, I will

discuss the key elements of the three main legal regimes that affect this chain: first, ‘gay rights

as human rights’ which seeks to gain dignity and respect by claiming legitimacy and

recognition in heteronormative society; second, the contradiction and conflict between the

international conventions and domestic laws in Mexico on sex work and trafficking; and third,

the facilitation of sex tourism by NAFTA. After discussing them, I will critically analyse how

these legal regimes at the macro-micro level affect the local norms. Also, I will discuss the push

and pull factors for both service providers and consumers that is created by the interaction of

legal regimes and local norms.

13
Howard Hughes, Juan Carlos Monterrubio and Amanda Miller, ’Gay’ Tourists and Host Community
Attitudes, International Journal of Tourism Research (2010) Vol. 12 No. 6, pg. 774-786

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3.1. ‘Gay Rights are Human Rights?’

According to Foucault, the ‘technologies of power’ became a source of regularizing

populations as populations after the formation of modern nation states in Europe14. The

‘technologies of power’ comprise of various disciplines, authority and expertise (such as,

surveillance, identification and differentiation based on sex, race etc., policing)15. During the

Industrial Revolution, capitalistic forms of economic production created the demand for regular

supply of labour force which could be supplied only by regularizing and normalizing society

on heteronormative norms for constant production of labour force16. To normalize the

heteronormative sexual encounter within wedlock, all other forms of sexual encounters were

named as ‘homosexuality’ or ‘bestiality’ or ‘prostitution’ and identified as ‘abnormal’,

‘unnatural’, ‘immoral’ and ‘illegal’ through the use of law, science, philosophy and religion to

produce a certain kind of knowledge about these identities so that the population self-

regularizes itself by repressing these identities17. These ‘technologies of power’ and laws which

criminalized homosexuality were also imported to the colonies and many post-colonial states

even today uphold those laws. Both USA and Mexico that have colonial past also inherited

laws from their colonizers which criminalized and put surveillance on homosexuality.

But, after the Second World War, the Universal Declaration of Human Rights

(1948); International Convention on Economic, Social and Political Rights (1976) and

International Convention on Civil and Political Rights (1976) were adopted,

which recognize the human rights of all persons and denounces discrimination based on sex,

class, religion, nationality etc18. But given the widespread discrimination against LGBT

14
Michel Foucault, Societies Must be Defended : Lectures at the College De France (1 st edn, St.
Martin's Press 2003)
15
Ibid
16
Ibid
17
Ibid
18
Office of The United Nations High Commissioner of Human Rights, Born Free and Equal: Sexual
Orientation and Human Rights in International Human Rights Law (Report) (December, 2012)
HR/PUB/12/06

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communities worldwide the transnational LGBT movement has been pushing forward for

the recognition of their sexual identity and protection against discrimination at the international

level and in the international conventions19. In the year 2011, the UNHCR came out with its

first ever report on the Human Rights of LGBT community which points out the use of law for

persecuting LGBT community and recommends decriminalization of homosexuality20.

At the national level, USA and Mexico have showed a progressive attitude towards the

protection and promotion of right of LGBT community. At the United Nations General

Assembly address, Hillary Clinton, the then United States Secretary of States recognized ‘gay

rights as human rights’ in her speech21. Moreover, many states in USA have decriminalized

homosexuality and ensured ‘formal’ legal protection to LGBT community against any form of

discrimination. This gives legitimacy to the sexual identity of LGBT community ‘formally’ in

USA22. But, the biopolitics of power which ‘others’ homosexuals also creates self-regulated

populations which is constantly involved in this process of ‘othering’. Therefore, in USA it can

be seen that despite the ‘formal’ recognition and protection to LGBT community

discrimination, hate crimes against them are wide spread and go unaccounted23.

19
Aziza S., Mexico’s LGBT Community Rallies for Action this Fall at National Gathering Waging Non-
Violence (30 August 2016) <https://wagingnonviolence.org/2016/08/mexico-lgbt-gathering/>; Capece
B., ‘The Catholic Church and Mexico: The Struggle for LGBT Equality’ COHA (Latin America 23
April, 2017) <http://www.coha.org/the-catholic-church-and-mexico-the-struggle-for-lgbt-equality/>
20
Office of The United Nations High Commissioner of Human Rights, Discriminatory Laws and
Practices and Acts of Violence against Individuals Based on their Sexual Orientation and Gender
Identity (Report) (17 December 2017) A/HRC/19/41
21
Amnesty International, Clinton to United Nations: "Gay Rights Are Human Rights" (USA 8 December
2011) <http://blog.amnestyusa.org/us/clinton-to-united-nations-gay-rights-are-human-rights/>
22
Office of The United Nations High Commissioner of Human Rights, Discriminatory Laws and
Practices and Acts of Violence against Individuals Based on their Sexual Orientation and Gender
Identity (Report) (17 December 2017) A/HRC/19/41
23
Ibid

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On the other hand, in Mexico homosexuality was decriminalized in 187124. Mexico has also

amended relevant provision of its Constitution (Article 1) to prevent discrimination based on

sexual preference as well as an anti-discrimination law (Article 1, 2, 4 of Federal Law to

Prevent and Eliminate Discrimination, 2003) for the protection of sexual minorities against

hate crimes and discrimination based on sexual identity25. Moreover, some indigenous cultures

in Mexico are tolerant towards homosexuality, but the mainstream catholic population regards

it as a taboo26. Therefore, the LGBT community faces hate crimes, bullying in schools and

discrimination in jobs in the mainstream27. But, they have gained some space in the social

because of the legalization of sex work and rise of gay tourism (I have built on this more in the

following section).

3.2. ‘Sex Slave’ Discourse and In-visibilization of the LGBT Sex Workers
The discourse on sex work has been dominated by the construction of sex work as a morally

degraded activity and sex workers as ‘feminized passive victims’28. Therefore, in the year 2000

the debates about human trafficking were couched in the rhetoric of sex slavery, which led to

the adoption of prohibitionist approach to sex work on international level29. The international

convention, domestic laws in USA and Mexico does not recognize sex work as a work at all

because the prohibitionist approach on trafficking at the international level has always been

24
Capece B., ‘The Catholic Church and Mexico: The Struggle for LGBT Equality’ COHA (Latin
America 23 April, 2017) <http://www.coha.org/the-catholic-church-and-mexico-the-struggle-for-lgbt-
equality/>
25
Center for International Human Rights of Northwestern University School of Law, Human Rights
Violations Against Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) People in Mexico: A
Shadow Report Submitted for Consideration (Shadow Report) (June 2014)
26
North American Project, Mexico: Update on Treatment of Homosexuals (Report) (May 2000)
QA/MEX/00.001
27
Baruch-Dominguez R., Infante-Xibille C. and Saloma-Zuniga C.E., ‘Homophobic Bullying in
Mexico: Results of a National Survey’, Journal of LGBT Youth (2016) Vol. 13 No. 1-2, pg. 18-27
28
Doezema J., ‘Sex Slaves and Discourse Masters: The Construction of Trafficking’ (Zed Books 2010)
pg. 107-144
29
The Protocol to Prevent, Supress and Punish Trafficking in Persons, especially Women and Children,
Supplementing the United Nations Convention against Transnational Organized Crime, 2000
(approved on 23 October 1953)

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pushed forward by the USA through ‘speech act’ of political leadership and its diplomatic

policies30. For instance, the 2003 National Presidential Directive given by George W. Bush that

identifies sex work as degraded moral act and relates it to trafficking which is referred as

transnationally organized crime (in human as well as drugs), legitimizes the prohibitionist

approach31. Moreover, if we look at the domestic and foreign policy of USA it is quite

extensively prohibitionist in nature32. The laws in USA on sex work and trafficking (Victims

of Trafficking and Violence Protection Act of 2000; Trafficking Victims Protection

Reauthorization Act of 2003/5) do not only put surveillance on sex work within the US borders,

but, specific laws about ‘foreign aid’ (William Wilberforce Trafficking Victims Protection

Reauthorization Act of 2008) that puts pressures on other countries to reconfigure their

domestic policies and laws in line with USA's prohibitionist approach on sex work33. Mexico

has aligned its policies and legal framework (Anti-Trafficking Law, 2012 and National Action

Plan for 2014-2018) in line with the USA’s prohibitionist approach and the trafficking protocol

and penalizes all forms of trafficking while it does not provide adequate support to the

trafficked persons34. But, at the same time sex work is not illegal in many states and state

governments also maintain a regularized sex trade industry by operating the state run brothels

30
Doezema J., ‘Sex Slaves and Discourse Masters: The Construction of Trafficking’ (Zed Books 2010)
pg. 107-144
31
The U.S. Department of State Archive, Trafficking in Persons National Security Presidential
Directives (Report) (The White House, Washington D.C. 25 February, 2003)
32
Doezema J., ‘Sex Slaves and Discourse Masters: The Construction of Trafficking’ (Zed Books 2010)
pg. 107-144
33
Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations Convention against Transnational Organized Crime, 2000 (approved
on 23 October 1953) <http://www.osce.org/odihr/19223?download=true>; Justice for Victims of
Trafficking Act, 2015<https://www.gpo.gov/fdsys/pkg/BILLS-114s178enr/pdf/BILLS-
114s178enr.pdf>; Trafficking Victims Protection Reauthorization Act, 2005
<https://www.state.gov/j/tip/laws/61106.htm>; Trafficking Victims Protection Reauthorization Act,
2003 <https://www.state.gov/j/tip/laws/61130.htm>; Victims of Trafficking and Violence Protection
Act of 2000 <https://www.state.gov/j/tip/laws/61124.htm>; William Wilberforce Trafficking Victims
Protection Reauthorization Act, 2008 <https://www.state.gov/j/tip/laws/113178.htm>
34
U.S. Department of States, Trafficking in Persons Report (Report) (June 2016)

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(but mostly for women engaged in sex work)35. The legalization and regularization of sex work

plays an important role in constructing the chain by making it accessible to the ‘gay’ tourists.

But at the same time, it does not promise any protection to the gay sex workers engaged in the

sex tourism industry against any homophobic hate crime or forced sex work, due to the non-

recognition of sex work as a legitimate form of labour and the discourse of sex trafficking

which in-visibilizes them.

3.3. Regional Trade Agreement Facilitating ‘Gay’ Sex Tourism

The sex tourism industry has become global in the past decades and provides employment

opportunities for a large population all over the world36. Mexico has aligned their laws and

policies with the global trade regime for regulating their sex tourism industry. In Mexico the

adoption and enforcement of the conditions and provisions of NAFTA through the adoption of

National Program of Tourism (2001-2006) created sustainable spaces for tourism, provided

competitive environment and emphasized on consumer sovereignty to attract the tourists37.

Moreover, since 1990s the Mexican government started promoting its beach towns/cities such

as, Zihuatanejo, Ixtapa, and Puerto Escondido and Cancun by marketing the cultural

component of ‘openness’ and tolerance for non-normative sexual identities as their unique

selling point38. As I have discussed earlier largely the mainstream Mexican society is

heteronormative but the indigenous cultural values do not regard homosexual identity as a

35
Didier A.M., Prostitution, Pimping, and Pandering Laws in New Mexico (Criminal Defense
Lawyer)<http://www.criminaldefenselawyer.com/resources/criminal-defense/state-crime/pandering-
laws-new-mexico.htm#>
36
Howard Hughes, Holidays and Homosexual Identity, Tourism Management (1997) Vol. 18 No. 1,
pg. 3-7
37
Organization for Economic Co-operation and Development, National Tourism Policy Review of
Mexico (Report) (October 2001)
38
Manuel Rodriguez, Tourism and NAFTA: Towards a Regional Tourism Policy, Tourism Management
(1994) Vol. 15 No. 5, pg. 319-322; Merrill T.L. and Miró R., Mexico: A Country Study (Library of
Congress, 1997) pg. 215

9
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taboo39. So, the state and industry cash on these values to attract gay tourists 40. Also, the

legalization and regularization of sex work has helped Mexico develop its tourism industry.

Thus, favourable environment created by the intersection of regional (NAFTA) and national

policies on trade (National Program for Tourism 2001-2006), regulation of sex work and

cultural norms attract gay tourists (especially from the USA)41. As I have already discussed

earlier that historically, the tourists Mexico receive are mostly from the USA origin42. But after

development of tourism as a competitive enterprise in the neoliberal scenario and creation og

‘gay’ friendly spaces in the beach town/cities Mexico became a popular destination for the gay

tourists since the 2000s43.

4. ANALYSIS OF THE PUSH AND PULL FACTORS

In this section, I will try to tease out the ‘push and pull’ factors (the factors that motivate actors

to engage with the chain) for both sides of the chain ‘service providers’ and ‘consumers’ based

on the interaction and intersection between the various legal regimes that define and configure

sexuality and sex work in conjuncture with the choice of the gay men engaged in sex work as

well as local norms and values. And, I will also discuss the role of intermediaries (such as club

and hotel owners, and massage parlours) in formation of this chain.

First, I will consider the ‘push and pull’ factors that motivate the service providers (gay men

engaged in sex work) to constitute the chain. Although homosexuality has not been criminal

act in Mexico from long ago (1871), and Mexico has also enacted the anti-discrimination laws

(Federal Law to Prevent and Eliminate Discrimination, 2003) for the protection of sexual

39
North American Project, Mexico: Update on Treatment of Homosexuals (Report) (May 2000)
QA/MEX/00.001
40
Ibid
41
Organization for Economic Co-operation and Development, National Tourism Policy Review of
Mexico (Report) (October 2001)
42
Merrill T.L. and Miró R., Mexico: A Country Study (Library of Congress, 1997) pg. 215
43
Mendoza C., Beyond Sex Tourism: Gay Tourism and Male Sex Workers in Puerto Vallarta (Western
Mexico), International Journal of Tourism Research (2013) Vol. 15 No. 2, pg. 122-137

10
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minorities, discrimination and hate-crimes against LGBT community are widespread due to

the social norms which see non-normative sexual identities as taboo44. Research shows that

young gay men that work as service provider in the ‘gay’ sex tourism industry in Mexico face

discrimination45. Therefore, to escape psychological trauma, stigma and the situation of

dependency and vulnerability they leave their home town to explore the ‘gay’ sex tourism

industry46. Moreover, because the coastal city/towns in Mexico are marketed as ‘gay friendly’

by the state as well as highly competitive ‘gay’ sex tourism market, gay men from small towns

or villages get motivated to enter the industry in order to live in a liberal space where their

sexuality is recognized as acceptable47. Apart from that, some gay sex workers also desire to

explore other professions/ or same profession in other countries, or desire to travel to other

parts of the world by developing good relations with their customers48. Intermediaries also play

an important role in constituting pull factors, sometimes persuading gay men by informing

them about the monetary benefits and safety element in the sex industry49.

Now dealing with the gay tourist from USA it is important to note that there are variety of

factors that motivate them to travel to Mexico. Although, the USA has shown progressive and

liberal stances by passing anti-discrimination laws and decriminalizing homosexuality (in some

states), social norms that operate on the micro-level in communities and families do not

approve of this non-normative sexual identity50. So, gay men and LGBT community at

44
Center for International Human Rights of Northwestern University School of Law, Human Rights
Violations Against Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) People in Mexico: A
Shadow Report Submitted for Consideration (Shadow Report) (June 2014)
45
Mendoza C., Beyond Sex Tourism: Gay Tourism and Male Sex Workers in Puerto Vallarta (Western
Mexico), International Journal of Tourism Research (2013) Vol. 15 No. 2, pg. 122-137
46
Ibid
47
Ibid
48
Ibid
49
Ibid
50
Office of The United Nations High Commissioner of Human Rights, Discriminatory Laws and
Practices and Acts of Violence against Individuals Based on their Sexual Orientation and Gender
Identity (Report) (17 December 2017) A/HRC/19/41

11
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large extra-legal persecution in the form of social stigma, discrimination and hate crimes51.

These social conditions constrain them spatially, emotionally and psychologically as they have

either to hide their sexual preferences or to live as ‘others’ in the heteronormative society52.

These work as the push factor which motivates their travel. Further, there are some important

pull factors also such as legal policies and frameworks (NAFTA, tourism focused national

policy and immigration controls) that encourage tourist visits and elite

business visitors53. Moreover, competitive tourism industry in Mexico markets, Mexican

beach towns/cities as ‘gay friendly’, ‘exotic’, ‘liberal open’ space which attracts gay tourists

from USA to visit these spaces in Mexico as they desire to explore their sexuality in conducive,

safe and open space54.

On one hand, the demand generated by the interaction of regional trade agreement between

USA and Mexico (NAFTA), national policies and private businesses and the co-option of

cultural norms create a ‘genderscape’ which creates the chain partially. On the other hand,

agency and choice exercised by the gay men providing sexual services are also important for

this chain.

5. GAINING AND LOOSING SPACES: RISKS AND BENEFITS

In this section I will argue that ‘genderscapes’ created by this chain offers many opportunities

as well as risks/disadvantages for the gay men engaged in the sex tourism industry. Also, the

intersection of legal regimes, local social norms and agency exercised by gay men challenge

some conventional norms and framework, while reproducing other.

51
Ibid
52
Mendoza C., Beyond Sex Tourism: Gay Tourism and Male Sex Workers in Puerto Vallarta (Western
Mexico), International Journal of Tourism Research (2013) Vol. 15 No. 2, pg. 122-137; Manuel
Rodriguez, Tourism and NAFTA: Towards a Regional Tourism Policy, Tourism Management (1994)
Vol. 15 No. 5, pg. 319-322
54
Mendoza C., Beyond Sex Tourism: Gay Tourism and Male Sex Workers in Puerto Vallarta (Western
Mexico), International Journal of Tourism Research (2013) Vol. 15 No. 2, pg. 122-137

12
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On one hand, the sex tourism industry in Mexico challenges the heteronormative cultures and

creates safe and liberated zones for queer encounters55. Gay men who exercise their agency to

enter into this industry to gain an option of livelihood put a resistance to the cultural norms that

places a taboo on their sexuality by their very engagement56. It not only gives them financial

independence but the socially reproductive labour involved in the work also creates a

transnational solidarity between the gay men providing sexual services and their clients which

cannot be measured in monetary terms but is certainly an added value57. On the other hand, gay

men engaged in providing sexual services in the ‘gay friendly’ beach towns/cities are

ghettoized and ‘othered’ by the very geo-politics and biopolitics of bordering spaces as well as

bodies58. Very naming, monitoring, control and regulation of these spaces as ‘gay spaces’ by

the state and private businesses demarcates the territory as different and out of the bounds of

the mainstream heteronormative society59. Therefore, it can be seen that due to the proliferation

of capital in the form of tourism industry has created various global assemblages which creates

transnational ties. These assemblages reconfigure/challenge and reproduce border and norms

at the same time.

Apart from that, the regulation of sex work by the state, the discourse on sex trafficking and

the granting certain rights (such as, right to marriage, sharing relationship, equality of

opportunity) to LGBT community does not necessarily benefit gay sex workers as they operate

in a highly-regulated environment which erodes their independence and autonomy somewhat60.

Also, the rise in hate crime against LGBT community shows that legal policies promising

55
Ibid
56
Ibid
57
Ibid
58
Howard Hughes, Juan Carlos Monterrubio and Amanda Miller, ‘Gay’ Tourists and Host Community
Attitudes, International Journal of Tourism Research (2010) Vol. 12 No. 6, pg. 774-786
59
Ibid
60
North American Project, Mexico: Update on Treatment of Homosexuals (Report) (May 2000)
QA/MEX/00.001

13
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protection do not always guarantee the realization of rights because of the conflict and

intersection of various legal norms and cultures.

Thus, I would conclude that, through the engagement in the chain gay individuals at both sides

of the chain (consumers and service providers) have reclaimed some spaces in the socio-

economic structure and formed some new assemblages (transnational ties with clients). But,

specifically gay men providing sexual services have also got bordered in the process by their

very engagement with the structures that produces inequalities.

6. CONCLUSION
The global value chains are the result of hegemonic neoliberal trade regime that has

reconfigured the spatial and temporal landscapes in a society as well as the genderscapes. In

this essay, I argued that due to hegemonic conduct of the USA and the global capital order,

Mexico changed its policies and aligned itself with the neoliberal logic of competition and free

trade. These changes at the macro-level also affected the societal structures at the micro-level

as society at large was co-opted in the process of neoliberal agenda. Also, the economic and

political restructuring affected different people and communities differently as well as it eroded

some benefits while created avenue for new ones.

In this particular context, the LGBT sex tourism chain between Mexico and USA is unique in

itself because of various elements that constitute the chain. This chain has mainstreamed the

gay community in Mexico within the structures of neoliberal trade regime due to the adoption

of trade policies on bilateral level. But, economic mainstreaming does not necessarily mean

guaranteed protection of = rights or to begin with recognition of the right to protection,

especially to the service providers because the mainstream cultural norms are always not in

line with the legal norms. Moreover, sometimes these mainstream cultural norms that puts

taboo on the non-normative sexual identities and encounters are more effective than the legal

guarantees. Apart from that, the legal regimes I analysed only provide guarantees to the

14
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heterosexual norms which automatically ‘others’ the gay men engaged in providing sexual

services.

So, the domestic policies and laws in Mexico that are informed by global neoliberal policy

framework is driven by the logic of profit and do not account for the reproductive labour of the

service provider. In fact, the intersection of global neoliberal regime, domestic laws and

policies on trade, sex work, and tourism invisibilizes the gay service providers as these policies

only account for and promote consumer sovereignty. Therefore, I argue that these legal

regimes are partially responsible for the (in) justices, discrimination and othering of the gay

service provider as it reproduces structural injustices by the very exclusive-inclusion (although

they get included in the economy and provide reproductive labour, that labour is not valued

and recognized as reproductive labour is seen as feminine in the neoliberal regime as it cannot

be quantified). Therefore, I argue that despite economic independence gay men engaged in

providing sexual services face multiple marginalization because of their sexuality, occupation

and their located-ness in the global structure. So, I suggest that sex work should be formally

recognized as legitimate form of labour in the international conventions as well as the discourse

on sex trafficking and LGBT rights should be human rights focused, in order to address the

issue of multiple marginalization while keeping the ‘target group’ centered approach.

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Reports

1. Center for International Human Rights of Northwestern University School of Law,

Human Rights Violations Against Lesbian, Gay, Bisexual, Transgender and Intersex

(LGBTI) People in Mexico: A Shadow Report Submitted for Consideration (Shadow

Report) (June 2014)

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S_MEX_17477_E.pdf

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2. Ministry of Justice New Zealand, International Approaches to Decriminalising or

Legalising Prostitution International Approaches to Decriminalising or Legalising

Prostitution (October 2007)

http://prostitution.procon.org/sourcefiles/newzealandreport.pdf

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2000) QA/MEX/00.001

http://www.worldpolicy.org/sites/default/files/uploaded/image/1999-Mexico-

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Review of Mexico (Report) (October 2001)

http://www.oecd.org/cfe/tourism/33650486.pdf

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Equal: Sexual Orientation and Human Rights in International Human Rights Law

(Report) (December, 2012) HR/PUB/12/06

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6. Office of The United Nations High Commissioner of Human Rights, Discriminatory

Laws and Practices and Acts of Violence against Individuals Based on their Sexual

Orientation and Gender Identity (Report) (17 December 2017) A/HRC/19/41

http://www.ohchr.org/Documents/Issues/Discrimination/A.HRC.19.41_English.pdf

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Directives (Report) (The White House, Washington D.C. 25 February, 2003)

https://www.state.gov/documents/organization/258880.pdf

https://www.state.gov/j/tip/rls/tiprpt/countries/2015/243492.htm

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International Conventions & Legislations

1. Justice for Victims of Trafficking Act, 2015

https://www.gpo.gov/fdsys/pkg/BILLS-114s178enr/pdf/BILLS-114s178enr.pdf

2. Protocol to Prevent, Supress and Punish Trafficking in Persons, Especially Women and

Children, Supplementing the United Nations Convention against Transnational

Organized Crime, 2000

http://www.osce.org/odihr/19223?download=true

3. Trafficking Victims Protection Reauthorization Act, 2005

https://www.state.gov/j/tip/laws/61106.htm

4. Trafficking Victims Protection Reauthorization Act, 2003

https://www.state.gov/j/tip/laws/61130.htm

5. Victims of Trafficking and Violence Protection Act, 2000

https://www.state.gov/j/tip/laws/61124.htm

6. William Wilberforce Trafficking Victims Protection Reauthorization Act, 2008

https://www.state.gov/j/tip/laws/113178.htm

Online News Articles and Other Sources

1. Amnesty International, Clinton to United Nations: "Gay Rights Are Human Rights"

(USA 8 December 2011)

http://blog.amnestyusa.org/us/clinton-to-united-nations-gay-rights-are-human-rights/

2. Americas Quarterly, ‘LGBT Rights in the Americas’, Spring 2012

http://www.americasquarterly.org/node/3565

3. Aziza S., Mexico’s LGBT Community Rallies for Action this Fall at National Gathering

Waging Non-Violence (30 August 2016)

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https://wagingnonviolence.org/2016/08/mexico-lgbt-gathering/

4. Capece B., ‘The Catholic Church and Mexico: The Struggle for LGBT Equality’ (Latin

America 23 April, 2017)

http://www.coha.org/the-catholic-church-and-mexico-the-struggle-for-lgbt-equality/

5. Criminal Defence Lawyer, ‘Prostitution, Pimping, and Pandering Laws in New Mexico’

http://www.criminaldefenselawyer.com/resources/criminal-defense/state-

crime/pandering-laws-new-mexico.htm#

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Visibility (Seattle 2 April, 2013)

http://mexmigration.blogspot.co.uk/2013/04/lgbtq-struggles-in-mexico.html

7. Lara F., The Role of U.S. Imperialism in Mexico’s Crisis, Liberation News (14 Nov

2010) https://www.liberationnews.org/panel-latinamerica-01-us-imperialism-in-

mexico-html/

8. Latin American News Dispatch, ‘Mexico’s LGBT Community Faces Violence Despite

Major Gains in Civil Rights’, 4th August 2011

http://latindispatch.com/2011/08/04/mexicos-lgbt-community-faces-violence-despite-

major-gains-in-civil-rights/

9. Park H. & Mykhalyshyn I., ‘L.G.B.T. People Are More Likely to be Targets of Hate

Crimes Than Any Other Minority Group’ (New York 16 June, 2016)

https://www.nytimes.com/interactive/2016/06/16/us/hate-crimes-against-

lgbt.html?_r=0

10. Waging Non-Violence, ‘Mexico’s LGBT Community Rallies for Action this Fall at

National Gathering’, 30th August 2016

https://wagingnonviolence.org/2016/08/mexico-lgbt-gathering/

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