3. 3
T
he tourism industry is an important player and a valuable ally in the protection of children from sexual exploitation in tourism. While
tourism industry is not the cause of commercial
sexual exploitation of children, child-sex exploiters make nevertheless use of the facilities offered by tour companies, hotels, resorts, restaurants, airlines and other transportation companies. Some businesses may be directly involved as
well: for example a hotel that turns a blind eye to
child sexual exploitation on its premises or travel
agents that knowingly arrange sex tours with
minors abroad.
Owing to the very negative image associated
with the issue of commercial sexual exploitation
of children, some tourism companies and national tourism authorities may be reluctant to acknowledge the problem, let alone tackle it directly, seeing it as hindrance to tourism or making it
unattractive. There might also be an incorrect
perception that collaborating with NGOs invariably entails only providing financial contri-
butions.
Tourism companies and national tourism
authorities should fully understand the issue, the
negative consequences to tourism that may arise
if child sex tourism is left unaddressed, and the
benefits and long-term gains from acting against
Introduction
it. An essential element of a quality tourism product consumers nowadays expect is that the tourism sector takes action and that companies’
products have no negative effects on children. It
is clear that the tourism industry is not directly
responsible of commercial sexual exploitation of
children and child sex tourism, but that due to
their position tourism companies have the possibility to effectively contribute to the protection
of children from sexual exploitation.
Using the principles of responsible tourism
or corporate social responsibility is the best
strategy for tourism companies and national tourism authorities to join the fight against child sex
tourism. Establishing clear goals, objectives, or
even a memorandum of understanding are
means to strengthen the working relationship
between NGOs and tourism companies and national tourism authorities.
Many travel and tourism organisations have
recognised the key role they can play to better
protect children, and are working together to
combat child sex tourism. Industry associations
and organisations have been increasingly taking
public stances against child sex tourism.
4. 4
What is CSEC?
What is CSEC?
“The Commercial Sexual Exploitation of children is the sexual abuse by the adult for remuneration
in cash or kind to the child or third person, The child is treated as a sexual object and as a commercial object” constitutes a form of coercion and violence against children, and amounts to forced labour and a contemporary form of slavery.”
Declaration and Agenda for Action adopted at the First World Congress Against Commercial Sexual
Exploitation of Children in Stockholm, Sweden, in 1996.„
Commercial sexual exploitation of children must not be confused
with child-sex abuse.
It must be noted that there is a clear link between non commercial sexual
abuse of a child and the increased vulnerability of a victim of abused child commercial sexual exploitation.
The basic forms of CSEC:
aProstitution: The use of a child in sexual activities for remuneration or any other form of consideration.
aPornography: Any representation of a child engaged in real or simulated explicit sexual activities
or any representation of the sexual parts of a child for primarily sexual purposes.
aTrafficking for sexual purposes: The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation shall be considered as ‘trafficking in human beings’.
(Source: Council of Europe Convention on Action against Trafficking in Human Beings)
Other forms of CSEC:
aChild-Sex tourism: The commercial sexual exploitation of children by people who travel from
one location to another and there engage in sexual acts with minors.
5. 5
C
hild-sex tourism is the sexual exploitation of children by tourists and travellers.
While in the 80th the phenomenon was limited to South Asia, today all continents are
affected. This rapid increase in the number
of destinations is above all due to the intensification of mass tourism that can be cross
border or within a country.
Why it happens?
Often, child sex tourists travel from a richer country to one that is less developed, but they may also be
travellers within their own countries or region. Sex tourism preys on sexual and economic inequality, and
fosters other forms of commercial sexual exploitation of children such as child trafficking for sexual
exploitation.
Anonymity,availability of children and being
away from the moral and social constraints that
normally govern behaviour, can lead to abusive
conduct in another country. Child sex exploiters
may try to rationalise their actions by claiming that sex
with a child is culturally acceptable in the place they are
visiting, or that the money or goods exchanged benefit
the child and/or his/her family.
What is CSEC?
Who are the Offenders?
Some child-sex tourists target children specifically, however, most are situational abusers
who do not usually have a sexual preference for
children, but take advantage of a situation in
which a child is made available to them.
Child-sex tourists may be married or single,
male or female, foreign or local, wealthy or budget tourists and from a high socio-economic or
a less advantaged background, and who tend to
be transgressive when they are abroad. Although
they have no distinguishing physical features, patterns of social behaviour or particular mannerisms, it is possible to divide them into three distinct categories:
6. 6
a
Paedophile Child-Sex Tourist
They manifest an exclusive sexual inclination
for pre-pubescent children. Usually considered
as someone suffering from a clinical disorder, the
paedophile may not show any preference for the
gender of children and may not view sexual
contact with children as harmful. Paedophiles, as
well as the ‘preferential’ abusers described above,
are a minority of child-sex tourists.
Child-Sex Tourism
a
Situational Child-Sex Tourist
They abuse children by way of experimentation
or through the anonymity and impunity afforded
by being a tourist. They do not have an exclusive
sexual inclination for children. Often, the situational offender is an indiscriminate sex tourist
who is presented with the opportunity to interact sexually with a person under 18 and takes it.
The majority of child sex tourists are situational
offenders.
a Preferential Child-Sex Tourist
They display an active sexual preference for
children. He or she may still have the capacity to
experience sexual attraction for adults but will
actively seek out minors for sexual contact. The
preferential child-sex tourist will generally search
for pubescent or adolescent children. It is important to distinguish the preferential child-sex tourists from the paedophiles.
Who are the Victims?
Victims of child sex tourism often come
from socio-economically disadvantaged backgrounds. However, this is not their only characteristic: many come from ethnic minorities, displaced communities and other marginalised social groups.Victims are both girls and boys, some
of whom may also have been victims of domestic
abuse and neglect. Working children, especially
those involved in the tourism industry and who
are dependent on seasonal income, can easily fall
victim to child sex tourism. Sometimes, simply
being born in a tourism destination characterised by major wealth discrepancies between incoming tourists and local inhabitants can be enough
for a child to become exploited in child sex tourism.
7. 7
What are the consequences for
children, society and tourism
destinations?
Regardless of the background of child victims of sex tourism, they all experience severe
emotional, psychological, physical and social consequences as a result of their exploitation.
a
Psychological
They result in guilt, low self-esteem, depression
and, in some instances, suicide. The physical violence involved in the sexual exploitation of a
child results in injury, pain and fear.
a
Physical
Children are more vulnerable to sexually transmitted infections (STI), including HIV/AIDS.
Child-Sex Tourism
a Social
Child victims of child sex tourism are often stigmatised by their communities and have difficulty
obtaining formal or informal education. They do
not receive community support, nor do they experience the same social interaction, or develop
as members of the community in the same way
as other children do.
For these reasons, it is more difficult for
victims of commercial sexual exploitation
of children to support themselves financially or to live independently as adults later in life. The consequences of child sex tourism on children are severe and their health,
well-being and future opportunities are all jeopardised by the exploitation to which they have
been subjected. No tourist should ever think
that sexual contact of any kind
with a child does not gravely affect
the child or that it is acceptable if
money or some other form of
consideration is exchanged with
the child.
8. 8
Child Rights,
Child Rights, Child Protection and Tourism
Child Rights
UN Convention on the Rights of
the Child and Optional Protocol
Child rights and human rights are universal
legal guarantees that protect individuals and groups
from actions and omissions (lack of action) that
affect their freedom and human dignity. However,
while human rights are a recurring theme in the
national and international development debate,
children’s rights do not receive the same amount of
attention despite the fact that these rights recognise the special needs and vulnerabilities of children,
which must be disaggregated from the situation of
adults. Responsible Tourism should always be associated with the issue of child rights as, in fact, the
industry has a tremendous impact on children’s
lives all over the world. Governments or tourism
companies have key responsibilities in protecting
children’s basic rights and, if they do not, there are
ways in which they can be held accountable.
The UN Convention on the Rights of the Child
Children, like adults, enjoy basic human and legal rights which all states
are bound to protect. They enjoy rights to education, food, shelter,
physical safety and health. All these rights are enshrined in the UN
Convention on the Rights of the Child , which is legally binding and has
been ratified by 193 countries. The CRC is the world’s foremost multilateral document on children’s issues and it has many provisions that
protect a child from exploitation. In particular, Articles 32, 34 and 35
protect against sexual exploitation, sale and trafficking. Other specific
rights include ensuring the child’s physical and psychological well-being
(Articles 19 and 27) and the psychosocial, emotional and spiritual development of the child (Articles 31 and 32).
9. 9
Extraterritorial Legislation
Extraterritorial legislation is the extension of
a country’s legislative reach to include crimes committed by a national or/and a national of another
country with residence permit of that country beyond the borders of that country. It is one of the
most important tools in fighting child sex tourism,
as it allows legal authorities to hold tourists accountable for their behaviour abroad, thereby reducing the probability that a traveller can escape
legal punishment after committing a crime in a
country where there may be few resources to
bring anyone, let alone tourists, to justice for crimes
against children.Thus, it sends a signal to all potential child sex tourists that they may be the focus of
more than one legal system.
Child Rights
By the most recent count, 44 countries have
legislation that enables them to prosecute their
nationals for crimes against children committed
abroad, although each body of extraterritorial legislation may vary considerably from one to the
other. Double criminality, which is the requirement
that the offence committed be legally considered a
crime in the country where it took place, in addition to the country which is prosecuting its national, may or may not exist as part of a country’s
extraterritorial legislation.The use of extraterritorial legislation can be quite labour-intensive, as it
often requires police to travel to the country
where the crime occurred. In addition, evidence
and witnesses must then travel to the tourist’s
country to be a part of the legal process and to
secure the conviction of a travelling child sex offender.
Unfortunately, not all countries with extraterritorial legislation actually use it to stop their citizens from exploiting children abroad. In fact, there
are very few countries which have invoked extraterritorial legislation frequently. In the future, as
opportunities for travel continue to grow, with the
expansion of the travel industry, it is of paramount
importance that all major tourist-sending countries such as enact and employ extraterritorial legislation to hold tourists accountable for child sex
10. Tourism Professional
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Child-Sexual Tourism and the Role of the
Tourism Professional
Developing and Enforcing
Child-Protection Policies and
Procedures within a Company
Tourism professionals are pivotal figures in
making sure that their companies’ clients enjoy
their holiday in the best possible way. However,
the pleasure that clients derive from their
holiday should never entail harm or damage to the host community. This principle is
being included in corporate social responsibility
policies that are drafted and adopted not only by
large tourism companies, but also increasingly by
smaller businesses.
Among the types of harm that may be facilitated through tourism activities (and are clearly
prohibited by law) is the commercial sexual exploitation of children. With special reference to
this crime against children’s rights, the behaviour
of the tourism professional can have an immediate and far-reaching impact on the life of a vulnerable child.
In addition to the common signs that should
alert any operator to a potential incident of child
sex tourism (especially in places where this phenomenon is known to be fairly prevalent), specific knowledge about the right things to do and to
say is an enormous boost to confidence. Such
confidence, when combined with the awareness
that your company and management are fully
supportive of your actions (as set out in relevant
corporate policy), may be the decisive element
marking the difference between leaving things as
they are or actively protecting a child victim from
exploitation.
The Code of Conduct
The Code of Conduct for the Protection of
Children from Sexual Exploitation in Travel and
Tourism is an initiative led by the tourism private
sector to promote responsible tourism and protect children from sexual exploitation. Created
in 1998 by Swedish tour operators and ECPAT
Sweden, the Code of Conduct differs from the
majority of anti child sex tourism efforts such as
11. 1
1
Tourism Professional
awareness-raising and sensitisation, as it is not
just a campaign but an actual tool with welldefined procedures for action. As of late 2007,
there were approximately 600 members signed
up the Code of Conduct in 26 countries in Europe, Asia, Africa and the Americas. In the last ten
years, the Code of Conduct has become one of
the leading tools for combating child sex tourism
because it is practical and easily implemented.
Most importantly, the six criteria constituting the
Code of Conduct are strategically devised to
counter child sex tourism within the private sector. Thus, by committing to the criteria, member
companies are proactively working to combat
child sex tourism. For instance, the criteria require among other things – the training of staff,
the provision of information to tourists, and cooperation with local authorities and child-protection agencies. In a way, the Code of Conduct
creates a network and mechanism to combat this
phenomenon leaded by the private tourism sector.
The Code of Conduct consists of the following six criteria:
aCriterion 1 - Establishment of an ethical policy regarding CSEC:
The signatory company elaborates and adopts a written corporate policy against commercial sexual
exploitation of children. Furthermore, the company informs all its employees about the Code of
Conduct and the company’s policy in this regard. The introduction of such a policy is due within a
year after the signature of the Code of Conduct.
aCriterion 2 - Training of employees in the country of origin and the travel destination:
The personnel of the signatory company as well as agents, contracted hotel staff, regardless of their
nationality, sector of responsibility and terms of employment, have to be informed and trained in the
Code of Conduct and its contents. As part of the service quality system, employees must be kept
constantly aware of the issue of commercial sexual exploitation of children. In addition, internal information regarding this issue has to be available and shared via the existing communication channels.
In the first year of implementation of the Code of Conduct, this training should reach:
a50% of the employees directly in contact with customers in the company’s country of origin
a20% (40%) of the employees directly in contact with customers in all destination countries
a30% (50%) of the employees directly in contact with customers in the main destination countries
a30% of the employees on the management level.
12. Tourism Professional
1
2
aCriterion 3 - Introduction of a clause in contracts with service providers/suppliers
stating a common repudiation of commercial sexual exploitation of children:
Such a clause in the contract between the signatory company and its service providers/suppliers
stipulates that the contract will be cancelled in the case that the supplier does not meet the commitments regarding the repudiation of commercial sexual exploitation of children in its activities or
on its premises.
Repudiation in this regard means to neither actively facilitate in any way commercial sexual exploitation of children nor to passively tolerate it. If the contracted partner should be found to facilitate
in any way or to tolerate commercial sexual exploitation of children in its activities or on its premises,
the contract will be annulled. If possible, the Code of Conduct has to be made available to each
contracted service provider/supplier and to be translated into the language of each recipient country.
In addition, the retailers of the signatory company need to be informed about the Code of Conduct
and the company’s policy in this regard, therefore a clause will be introduced into the memorandum
of understanding between the signatory company and its retailers where such a memorandum of
understanding exists.
During the first year of implementation of the Code of Conduct, such a clause should be introduced
in contracts with relevant service providers/suppliers (hotels, ground transport, restaurants, bars,
etc.):
In case of new contracting:
ain 50% of the contracts made in the company’s country of origin
ain 60% of the contracts made in all destination countries
ain 75% of the contracts made in the main destination countries
In case of renewed contracting:
ain 50% of the contracts made in the company’s country of origin
ain 60% of the contracts made in all destination countries
ain 75% of the contracts made in the main destination countries
In case of memoranda of understanding with retailers:
ain 30% of new and existing memoranda of understanding with retailers
13. 13
Tourism Professional
Furthermore, the signatory company provides information to its service providers/suppliers (including the ones not contracted) on the Code of Conduct and the company’s policy in this regard and
should reach within a year after the signature:
a90% of suppliers in the company’s country of origin
a75% of suppliers in all destination countries
a80% of suppliers in the main destination countries
aCriterion 4 - Provision of information to travellers by means of catalogues, brochures,
in-flight films, ticket-slips, home pages, etc.:
The signatory company commits to inform the customer (traveller) about commercial sexual exploitation of children in tourism, of the Code of Conduct and the company’s policy in this regard. Furthermore, the signatory company enables the customer to report potential cases of commercial
sexual exploitation of children.
During the first year of implementation, such information should reach the following percentage of
all signatory company’s customers:
a50% of the ones travelling to all destinations
a75% of the ones travelling to the main destination countries
a90% of the ones travelling to destinations known to be affected by child sex tourism
aCriterion 5 - information provision on the Code of Conduct and the company’s policy
in this regard to “local key persons” at the destinations:
An efficient way in which the signatory company can contribute to the protection of children from
commercial sexual exploitation in travel and tourism is through information provision to “local key
persons”. “Key persons” are considered to be those at the travel destination with whom the signatory company cooperates without having a contract.These persons/parties include individuals, which
usually have substantial contact with customers (e.g. restaurant and bar owners, taxi drivers) as well
as persons having an influence in the community (e.g. decision makers, politicians, the local Code
representative, child rights organizations). Furthermore, the police and labor unions are identified as
key persons in the fight against commercial sexual exploitation of children. The signatory company
informs these key persons at the destinations on the Code of Conduct and the company’s policy
14. Tourism Professional
14
with regard to child sex tourism.
The implementation of the criteria 5 is one of the most important for the protection of children from
sexual exploitation and at the same time the most challenging one of all six criteria, especially for
companies operating in the majority of destination countries.When signatory companies put energy
in the networking in the destination countries, the protection of children in their companies stands
a greater chance of success. Also, stronger cooperation between different signatory companies at
one destination would improve the effectiveness of the common efforts. Signatory companies commit to start each year the information provision to local key persons at one more of their main
destinations (e.g. country, region, city).
aCriterion 6 - Annual reporting on the level of implementation of the Code of Conduct
for the protection of children from sexual exploitation in travel and tourism:
Signatory companies report on an annual basis on the level of implementation of the first five criteria.
The elaboration of such an annual report allows the signatory company to take stock of the efforts
made and the corresponding results achieved. This evaluation also reveals the necessary measures for
improvement in the implementation of the Code of Conduct. Finally, the annual report fulfills a central
role in the overall international Code of Conduct context as the annual report:
aallows sharing of experience and achieving improvement of the tourism sector’s skills on implementing the Code;
ahelps local Code representatives and the Executive Committee of “The Code”-organization to monitor and to follow the implementation of this project, based on practical experiences so far, challenges
met and inputs made by signatory companies.
The preparation phase and the implementation process of the Code of Conduct in the company are
completed in collaboration with the local Code representative. The same happens in the evaluation
phase: on the basis of the annual reporting process, the signatory company does an ongoing-monitoring
of the implementation of the Code of Conduct in close cooperation with the local Code representative.
Each year, the signatory company is asked to complete an annual standard report form and to organize
a meeting with the local Code representative for the ongoing-monitoring.
15. 15
Tourism Professional
The importance of Public
Awareness and Advocacy
Child sex tourism requires intervention on
several levels by all relevant actors, such as lawenforcement officials, NGOs, travellers, tourism
authorities, hotels, tour operators, taxi drivers,
and other tourism professionals. As an illegal and
socially damaging problem that uses the facilities
of the tourism industry, child sex tourism requires that these stakeholders intervene to prevent it from occurring. By working together,
members of these different sectors can unite to
combat child sex tourism with more comprehensive action. Collaboration between stakeholders should result in better awareness-raising
and sensitisation of the general public, tourists,
and tourism professionals in both ‘sending countries’ and ‘destination countries’. The main message is to encourage people to be aware of child
sex tourism, of its illegal nature and of the severe
impact it has on child victims. Useful materials for
awareness-raising information can include travel
brochures, ticket-holders, luggage tags, publicservice announcements, video and radio spots
(for example showed during long range flight)
and various other methods. Industry associations
and organisations have been taking an increa-
singly more public stance against child sex tourism. Most importantly, the private tourism sector can support advocacy and help to pressure
governments and national tourism authorities to
create or modify policies concerning the commercial sexual exploitation against children in
travel and tourism.This approach is welcome and
encouraged. Companies can bring the viewpoint
of the industry to the process and offer their
specific recommendations.
Working with National Tourism
Authorities
As said before, the tourism industry is not
the cause of commercial sexual exploitation of
children and child sex tourism, but it has a responsibility arising from their influence within
the Tourism Authorities to protect children effectively from sexual exploitation.
Involving Tourism Authorities means demonstrating the value of child-friendly tourism;
providing support and technical expertise, working closely and professionally together, offering
to be a force for child-friendly yet profitable tourism, promoting responsible tourism should be
forceful, positive and empowering; socially and
environmentally responsible tourism is central
16. Tourism Professional
to protecting children from commercial sexual
exploitation and safeguarding children’s rights.
1
6
This is the only way to ensure stable tourism
growth and long-term socio-economic stability.
Child sex tourism gives to destination a negative image. Tourism companies then loose
customers. It is in their long term profit to combat child sex tourism.
Case Study:
A Brit in Thailand
(Source: Return to Sender, 2008)
Maurice is 77 years old and was arrested in Thailand in March 2008 for abusing an eight year old boy. He denied
the charges. However, since the 1990’s Maurice has been arrested by the Thai authorities six times for child
sexual offences and in one case was sentenced to fourteen years imprisonment. In March 2007 Maurice walked
out of court on bail of £8,000 on charges of abusing two Thai girls aged nine and eleven. He was already on bail
waiting for an appeal of sentence for raping two girls in 2001 when this arrest was made.
As early as 1991 Maurice paid £800 to a Thai couple for their twelve year old daughter so he could marry her.
The girl ran away after a few weeks. In Thailand, like elsewhere in Asia, the elderly are highly respected and he
had used this to get access to children.The British authorities knew about his record in Thailand.Although claims
about corruption and bribery inevitably place foreign authorities under scrutiny ECPAT UK also asked the
question about why the UK authorities had been slow in taking action to prevent reoffending when the
offender was known to both countries. Maurice was not a Thai national – he was a British national and he could
leave and come back to the UK any time, or go elsewhere. He was not employed in Thailand and he may even
be getting a pension from the British government. For over twenty years the British authorities have spent vast
resources on training foreign police forces on combating child sexual abuse. This contribution to global efforts
is welcome, however to think of it as our country’s main strategy to combat the problem is to ignore the landscape of international sex offending where poverty, corruption, contacts and power are not simply diminished
by the participation of hand picked individuals attending training workshops. ECPAT UK questions the role of
British diplomatic missions such as Embassies and Consulates and why the Foreign and Commonwealth Office
does not have a consistent policy around the globe on pro-active liaison with foreign governments at the time
of arrest on cases of child sexual abuse. To expect that the Thai, and other, authorities spend their limited resources over and over again on surveillance and monitoring of British offenders is disingenuous and counter to
the spirit of international cooperation on child protection. If Maurice was in the UK he would be placed on the
UK Sex Offenders Register and be subject to stringent risk assessment and management under the UK MAPPA
system (Multi-Agency Public Protection Arrangements).
17. What to do?
1
7
What Can Tourists and Travellers Do?
What can be done to combat
child sex tourism?
Child sex tourism is a serious violation of children’s
rights.Whether he/she is a traveller, a tourist, a tourism
professional or simply a concerned individual, there are
steps that they can be taken to combat commercial sexual exploitation of children in tourism.
1. Child sex tourism is a serious violation of children’s
rights.Whether he/she is a traveller, a tourist, a tourism
professional or simply a concerned individual, there are
steps that they can be taken to combat commercial sexual exploitation of children in tourism.
2. If their regular travel agents or tour operators do
not have such a policy, encourage them to develop one.
3. Consult the ECPAT website to find out more
about the situation of children in certain tourism destinations (www.ecpat.net).
4. Avoid places where children are sexually exploited.
5. Speak out against child sex tourism to your
peers.
6.Contribute to local organisations working against
commercial sexual exploitation of children.
7. When travelling, do not hesitate to report any
suspicion of sexual exploitation to local authorities (a list
of hotlines is available at http://www.unwto.org/protect_
children/). If this is not possible, please report to a local
NGO or to ECPAT International (protect@ecpat.net),
and when back home, to your travel agency or tour
operator.
What to report?
a. A tourist sexually abusing a child
b. A person selling a child
c. A tourist trying to buy a child for sexual exploita
tion
d. A hotel or travel company allowing exploitation
of children on the premisis.
If possible, provide:
a. Name of offender
b. Country of origin or even passport number
c. Physical description of offender
d. Date and location of exploitation
e. Hotel or other type of accommodation
When you see child sex tourism,report it.Unless
everyone takes an active stance against child sex tourism, children will continue to be victims of sexual
exploitation by tourists.
18. Appendices
1 - Where does this happen?
2 - List of Countries with Extra
Territorial Legislation against
child sex tourism
Appendice 1
Where does this happen?
1
8
3 - Template for reporting actual
or suspected child abuse cases
4 - The Code of Conduct
19. 1
9
Appendices
Appendice 2
List of Countries with Extra Territorial Legislation
against CST
Algeria
Andorra
Australia
Austria
Belgium
Bulgaria
Canada Chile
China
Costa Rica
Cyprus Denmark
Ethiopia Finland
France
Germany Iceland Indonesia
Ireland Italy
Japan
Kyrgyzstan Laos
Luxembourg
Mauritius* Mexico Morocco
Netherlands New Zealand Norway
Portugal Singapore
Slovenia
South Africa Spain
Sudan
Sweden
Switzerland Taiwan
Thailand
Togo Ukraine
UK USA
(*) Mauritius has passed extraterritorial legislation covering only the crime of child
trafficking, but not child prostitution and child pornography.
20. Appendices
2
0
Appendice 3
Template for reporting actual or suspected child abuse
cases
If you believe that a child’s safety might be in danger, please complete this form to
the best of your knowledge and send to:
(Fill in name of local authority or referral agency)
……………………………………………………………………………………………………
(Fill in contact details)
……………………………………………………………………………………………………
……………………………………………………………………………………………………
Date of referral:
The referral made to (the person’s name and organisation):
Head of Department’s Signature:
A b o u t Yo
About you u
Your name:
Your job title:
Workplace:
Contact details:
About your concern n c e r n
A b o u t Yo u r C o
What is your concern?
Is this concern based on first-hand information or information divulged to you by someone else?
(If so, who?)
Was this abuse observed or suspected?
Date and location of the alleged incident:
21. 2
1
Appendices
About the allegedl abuser a b u s e r
About the al eged
Name:
Description:
Nationality:
Passport number:
Home address:
About the child:
Name:
Description:
Nationality:
Please use space below to fill out any other relevant information
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
Appendice 4
The Code of Conduct
The tourism professionals‘ networks, their knowledge and high skills in interacting with
the customers can make a difference at the destinations in the way the child-tourism phenomenon is prevented and combated! As the tourism industry provides travellers with
transport, accommodation and services, those working within the tourism industry have
unique possibilities to observe, increase awareness of and report on the commercial sexual
exploitation of children. Committing to the implementation of this Code of Conduct, demonstrates that your company puts values and ethics above marginal profits, by actively
promoting a socially responsible, child-wise tourism!
The work of the travel and tourism industry regarding promotion of a child-wise tourism
22. Appendices
2
2
has been starting relatively recently. Even though the media reports on child sex tourism
have been hitting the headlines in the last couple of years, the information linking tourism
with the phenomenon of children commercial exploitation remains rather scarce.
Overview e w
Over vi
Since the early 1990‘s, various measures in combating child sex trade have been taken
by the tourism industry.At the international level, tourism industry associations are developing policies for their members. The Universal Federation of Travel Agents‘ Associations
(UFTAA) was the first tourism industry association who has adopted The Child and Travel
Agents‘ Charter (1994). Following the WTO Statement on the Prevention of Organised Sex
Tourism (1995) and the Stockholm Congress, other tourism industry organisations have
adopted their tourism policy documents or codes of conduct against child sex tourism.They
include:
The Code of Conduct against the Sexual Exploitation of Children of the International
Federation of Tour Operators (IFTO);
• The Resolution against the sexual exploitation of children of the International Hotel
and Restaurants Association (IH&RA);
• The Final Resolution condemning commercial sexual exploitation of children of the
International Air Transport Association (IATA);
• The Resolution against Sex Tourism of the International Federation of Women‘s
Travel Organisations (IFWTO);
• The Resolution to combat Child Sex Tourism of the Federation of International Youth
Travel Organisations (FIYTO);
• The Declaration against child sex tourism of the Group of National Tour Operators‘
Associations within the European Union (ECTAA);
• The Declaration against the Sexual Exploitation of Children of the Confederation of
the National Associations of Hotels, Restaurants, Cafés and Similar Establishments of
the European Union and the European Economic Area (HOTREC);
• The Resolution on Prostitution Tourism and Standard Agreement of the International
23. 2
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Appendices
Union of Food, Agricultural, Hotel, Restaurant, Catering,Tobacco and Allied Workers‘
Association (IUF/UITA/IUL).
Some initiatives, all of them condemning child sex abuse, have been taken at national
level and include staff training, distribution of information, presentation of posters and establishment of codes of conduct. Of particular relevance as well are the efforts of the World
Tourism Organization, the International Hotel and Restaurant Association and the European Commission.
W TO
WTO is the leading international organisation in the field of tourism.The development
of tourism where children are exploited is in manifest opposition with the directives contained in WTO‘s „Tourism Bill of Rights and Tourism Code“, adopted by WTO‘s General
Assembly in 1985. In 1995, the eleventh General Assembly of WTO held in Cairo adopted a
policy document „The Statement on the Prevention of Organised Sex Tourism“, which in
the first place „denounces and condemns in particular child sex tourism, considering it a
violation of Article 34 of the Convention on the Rights of the Child and requiring strict legal
action by tourist sending and receiving countries“.
In its Statement the WTO defines „organised sex tourism“ as „trips organised from
within the tourism sector, or from outside this sector but using its structures and networks,
with the primary purpose of effecting a commercial sexual relationship by the tourist with
residents at the destination“, bringing about „the grave health as well as social and cultural
consequences of this activity, especially when it exploits gender, age, social and economic
inequality at the destination visited“.
The statement defines as well the responsibilities of the governments of both tourist
sending and receiving countries and of the tourism industry which are recommended to
adopt preventive policy measures and corrective norms, such as self regulation and professional codes of conduct.
A WTO initiative at the Stockholm Congress against Commercial Sexual Exploitation
of Children resulted in the creation of an international Task Force against child sex tourism,
24. Appendices
2
4
with representatives from governments, NGOs and the tourism industry.
At its first meeting in March 1997 (Berlin/Chantilly), the Task Force agreed to adopt and
use an uniform logo for the international campaign and activities against child sex tourism.
The selected logo was originally designed by EMBRATUR, Brazil, and used by this country in
its own national campaign against child sex tourism. At the request of WTO, the Brazilian
government agreed to cede the logo to the international campaign.
International o n a l & Restaurants Associationn t s A s s o c i a t i o n
I n t e r n a t i Hotel H o t e l & R e s t a u r a
The efforts of the International Hotel & Restaurants Association have marked an important step ahead in the campaign against sexual exploitation of children. As hotels and other
accommodation facilities are often the place where children are sexually abused, hotel owners around the world are in a position where they can effectively, and in a very visible way,
support the campaign.
The International Hotel & Restaurants Association (IH&RA), adopted in 1996 a resolution in which they „recommend to all their members „…to consider measures to prevent
the use of their premises for the commercial sexual exploitation of children“ and „to prevent
ease of access to child prostitution or child pornography“.
The tourism project, dubbed „Grande Cause Nationale 1997“, by the French Government, has summarised in a constructive way what hotels can do to join the fight against the
commercial sexual exploitation of children.
• The hotel‘s policy shall clearly state the hotel‘s position with regard to the trade in
child sex.The hotel shall also make this understood among its staff and provide them
with knowledge on how to handle problems should they arise.
• Hotel management shall provide information to its personnel and guests regarding
national laws and the penalties imposed for the sexual abuse of children.
• The hotel‘s security staff shall be trained to handle guests or personnel who sexually
abuse a child, particularly on the hotel‘s premises.
• Co-operate with the relevant labour unions.
• Prevent children from entering the hotel via bars, restaurants, lobby or reception.
25. 2
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Appendices
• Work actively. As a precautionary measure, build up links with police, social
authorities and other organisations that may be involved with an encroachment.
• Personnel, who observe anything that suggests that the commercial sexual
exploitation of children may be taking place, must report immediately to the police or
some other authority with the right to intervene (Grande Cause Nationale, 1997).
The E u r o p e a n P a r i a m e n t a n d E u r o p e
T h eEuropean Parliamentland European Commission a n C o m m i s s i o n
At a political level, the European Parliament and European Commission have realised
the gravity of the problem of the commercial sexual exploitation of children.The Commission‘s
point of view is that, among other things, this is a matter of „...encouraging the drawing up
of norms of conduct which can then eradicate that conduct, which is in line with ethics within
the tourist industry“ (The European Commission KOM (96) 547 final, p.3. 1996).The Commission feels that the contribution of the tourism industry should be integrated into a comprehensive action programme that combines contributions from the countries involved,
relevant international organisations and private initiatives.The Commission seeks to:
• to penalise persons who exploit children sexually
• to discourage the demand for and supply of the commercial sexual exploitation of
children
• to encourage member countries to adopt a common standpoint against the sexual
exploitation of children within the tourism industry
The Commission also seeks better European co-ordination of information campaigns
targeted at tourism where children are sexually exploited (KOM 96547, p.9, 1996).
The following concrete measures have been taken by the European Commission so far:
• preparation of label folders for tourists
• preparation of a training kit for tourism staff
• preparation of an in-flight video.
Between 2000 and 2003, the Code of Conduct development has been co-financed by the European Commission. Since August 2004 the Code Steering Committee Secretariat is funded by
UNICEF from the contribution of the Japan Committee for UNICEF.
26. Appendices
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6
Procedure for adopting the Code of Conduct:
Any travel and tourism company - tour operators, hotel, travel agency, airline, excursion
organizer, airline carriers, sea-born carriers etc. - can sign up for the Code.
Signing-up for implementing the Code involves:
aAccepting the 6 criteria of the code,
aInitiating the process of their implementation in the day-to-day activity of the company
aAccepting annual visits regarding the code implementation process
In order to have more details regarding your possibilities of signing up for the code,
please contact:
Code Secretariat Coordinator
Camelia Tepelus
c/o ECPAT USA, 157 Montague Street,
New York, NY 11201, USA
Ph: + 1 718 935 9192, Fax: + 1 718 935 9173
Email: camelia.tepelus@thecode.org
Generic steps in the procedure for adopting the Code for large companies (tour operators and hotels):
aInformation (see attached Information Sheet)
aApplication and Action Plan (see attached Application form and Action plan)
Review and approval by the Code national partner and Executive Committee
aSignature (see attached draft generic Agreement)
aAnnual reporting (see attached Standard report form for the first year of reporting,
and Short Standard Report Form for subsequent reporting cycles)
aOngoing monitoring and implementation of the Code (Annex Minimum Standards)
27. 2
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Appendices
Adjusted forms are also available for other types of tourism companies:
aAssociations and Federations
aAirlines and Ferry lines
aBars and Nightclubs
aLocal Service Providers & Incoming Agencies
aRestaurants
aSmall hotels and other accommodation providers
aTravel Agencies
Please contact the Code Secretariat if your company is interested in pursuing signing
of the Code.
Key elements when adopting and setting up a functional Code of Conduct for tour operators:
aThe fact that a tour operator has adopted the Code of Conduct does not mean that
the tour operator guarantees that sexual exploitation does not occur at a specific travel
destination.The Code of Conduct states that the tour operator is aware of the problem
and that he takes active measures to prevent the child sex trade on his premises.
aCo-ordination with other similar measures such as the corporate business ethics and
corporate codes of practices is important.
aVarious countries‘ laws and regulations stipulate how to deal with commercial sexual
exploitation of children (from a strictly legal point of view).
aThere is a lack of numerical data relative to the incidence of child abuse related to
the tourism sector.
aIt is important that the tour operator working with the Code of Conduct is trained
and is able to answer questions regarding their position with respect to the child sex
trade and the Code of Conduct.
aIt is important that the tour operator, when he has adopted the Code of Conduct,
plans for, and takes part in, both individual and joint actions against child sex trade.
28. Appendices
2
8
THE SECRETARIATa t
The Secretari
The Secretariat Coordinator of the Code was established in 2001 hosted at the offices
of UNWTO in Madrid with EU funding. From 2004 it relocated to New York being funded by
UNICEF and housed at ECPAT USA.
Responsibility
- Day-to-day administration of the Code
- Providing information to allTravel andT
ourism Companies and Steering Committee members
- Preparing and executing Steering Committee meetings
- Preparing training and education materials
- Conducting research, etc.
An important role of the Secretariat is also that of serving as a focal point for all types
of travel and tourism companies that would like to adopt and implement the Code of Conduct.
For further information please contact:
Code Secretariat Coordinator
Camelia Tepelus
c/o ECPAT USA, 157 Montague Street,
New York, NY 11201, USA
Ph: + 1 718 935 9192, Fax: + 1 718 935 9173
Email: camelia.tepelus[a]thecode.org
29. 2
9
ECPAT International
What is ECPAT International?
The ECPAT acronym stands for End Child Prostitution, Child
Pornography and Trafficking of Children for Sexual Purposes.
E
CPAT International is a global network of organizations and individuals working together to eliminate
the commercial sexual exploitation of children.Presently,
81 ECPAT affiliates and national groups are present in 75
countries, undertaking a variety of programmes against
commercial sexual exploitation of children.They seek to
encourage the world community to ensure that children
everywhere enjoy their fundamental rights, free and
secure from all forms of exploitation.
The issue of child sex tourism has been a central
focus of the ECPAT network since its inception in 1990
and launched a campaign entitled ‘End Child Prostitution
in Asian Tourism’ (ECPAT).
By 1996, ECPAT had extended in Asia, Europe and
America.Although the acronym remained the same, the
full name became End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes.
Since the First World Congress against Commercial Sexual Exploitation of Children, in Stockholm, Sweden in
1996, ECPAT has collaborated with the United Nations
Children’s Fund (UNICEF) and the NGO Group for the
Convention on the Rights of the Child.
Five years later,in 2001,the SecondWorld Congress
took place inYokohama, Japan. It was successful in mobilizing partners from different sectors and bringing together multi-stakeholder partnerships: governments,
NGOs,law enforcement,the travel and tourism industry,
international development agencies, and representatives
of the civil society.
In 2008 on the occasion of the World Congress III,
which took place in Rio de Janeiro, Brazil, an “Action Plan
to Prevent and Stop the Sexual Exploitation of Children
and Adolescents” was developed. It points out new strategies to counter increased forms of sexual exploitation,
such as pornography in the Internet, child trafficking and
growing migration around the world.
Today, the ECPAT International Secretariat and the
ECPAT International network continue to work actively
against all forms of commercial sexual exploitation of
children.The network partners collaborate with appropriate agencies and organizations around the world to
ensure that there is continuous and effective protection
of children from all forms of commercial sexual exploitation.
30. Glossary
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aThe United Nations Conventions on the
Rights of the Child (CRC): It is one of the most important multilateral documents addressing the human rights
of children worldwide. It was approved by the United
Nations General Assembly in 1989, and has been signed
since by 193 countries (all countries except the United
States and Somalia)
aThe Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography: It
supplements the Convention on the Rights of the Child
and was adopted by the United Nations GeneralAssembly in 2000.Article 1 of the protocol asserts that states
must protect the rights and interests of child victims of
trafficking, child prostitution and child pornography, child
labour and especially the worst forms of child labour.
According to the preamble, this protocol is intended to
achieve the purposes of certain articles in the Convention on the Rights of the Child, where the rights are defined with the provision that states should take “appropriate measures“ to protect them.
aChild: The United Nations defines a child as a
person under the age 18,unless national laws state otherwise. Many countries however, have laws that define individuals younger than 18 as adults
(Convention on the Rights of the Child,Article 1, 1989).
aChild Sex Abuse: It can be defined as contacts
or interactions between a child and an older or more
knowledgeable child or adult,such as a stranger,sibling or
parent, when the child is being used as an object of gratification for the abuser’s sexual needs.These actions are
carried out using force, threats, bribes, trickery or pressure.
aPedophilia: Paedophilia is a clinical term for
adults who are primarily sexually attracted to prepubertal children.The Diagnostic and Statistical Manual of Mental Disorders describes paedophilia as “the act or fantasy
of engaging in sexual activity with prepubertal children as
a repeatedly preferred or exclusive method of achieving
sexual excitement. Isolated sexual acts with children do
not warrant the [clinical] diagnosis of paedophilia”.The
manual adds that a person who fits this diagnosis would
have to be at least 16 years old and five years older than
the child to whom their sexual fantasies are directed.
Only a qualified psychologist or psychiatrist could be
expected to diagnose paedophilia.
aSustainableTourism:Sustainable tourism development meets the needs of present tourists and host
regions while protecting and enhancing opportunities for
the future. It is envisaged as leading to the management
of all resources in such a way that economic, social and
aesthetic needs can be fulfilled while maintaining cultural
integrity,essential ecological processes,biological diversity
and life support systems. Closely related to this concept
and largely overlapping with it, responsible tourism focuses more on the industry’s behaviour (both companies
and tourists) towards practicing sustainable tourism.
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Bibliography
ECPAT-International, Combating Child Sex Toursim: FAQs, Bangkok 2008
ECPAT-International, Protecting Children from Sexual Exploitation in Tourism:
An ECPAT Training Resource Kit, Bangkok 2008
Kindly supported by the European Commission
