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Endnotes1 Mark Erik Hecht is an academic, a lawyer and a human rights advocate. Professor Hecht’s primary researchinterest is international child law, specifically the role and involvement of the private sector in the commercialsexual exploitation of children. Professor Hecht sits on the Canadian government’s Committee against theCommercial Sexual Exploitation of Children and Youth and the Patron Board of the Alliance for the Rightsof Children. He is the national coordinator for CINCYR. The Canadian Information Network on Child andYouth Rights, based in Ottawa and Senior Legal Counsel to Beyond Borders: Ensuring Global Justice forChildren based in Winnipeg. From 1999-2005, he was a member of the Executive Committee of ECPATInternational.2Although limited research has been conducted on the topic of the private sector’s involvement in CSEC, thatwhich has been produced concludes that the private sector is certainly involved in the activity. For a reviewgenerated by the United Nations see: UN Commission on Human Rights. Report of the Special Rapporteur onthe Sale of Children, Child Prostitution and Child Pornography (E/CN.4/2001/78). 2001; and UNICEF. Profitingfrom Abuse: An investigation into the sexual exploitation of our children. New York: 2001. For a cursory investigationfrom the non-governmental sector see UNICEF. The Role and Involvement of the Private Sector: A contributionof ECPAT International to the 2nd World Congress Against Commercial Sexual Exploitation of Children. New York:2001. Many industries have gone on record as acknowledging the use of their products or services in CSECrelatedactivities. For example, see International Hotel & Restaurant Association. Resolution adopted by 34thCongress. Mexico City: 30 Oct., 1996 that states, “The IH & RA and its member associations … recognize that,unfortunately, some child sex abusers may attempt to use our hotels as the location where they commit theircrimes;” and Microsoft. Report on On-Line Safety and Security, which states: “Microsoft cooperates with lawenforcement authorities around the world to help combat the distribution of illegal content using our onlineservices. We do not knowingly tolerate anyone using our services to endanger children in any way.” Accessedon 14 Oct. 2008 from: http://microsoft.ninemsn.com.au/protectyourkids.aspx. More examples will be providedthroughout this report.3First World Congress against Commercial Sexual Exploitation of Children. Declaration and Agenda for Action.Stockholm. 27-31 Aug., 1996. Article 5.4Ibid. Articles 1-6.5ECPAT International. “How Many Children are Victims?” Frequently Asked Questions about CSEC. Note alsothat UNICEF does not keep statistics on victims or survivors of commercial sexual exploitation of children; itsclosest variable would be child labour data.6For example, UNICEF has consistently stated that an estimated two million children – mainly girls but asignificant number of boys – are believed to be part of the multi-billion dollar commercial sex trade. However,UNICEF has not published its definition of “commercial sex trade”. Presumably it is consistent with theOptional Protocol to the Convention on the Rights of the Child, but this is narrower than the ECPAT Internationaldefinition, which is broader than Interpol’s definition.7For example, a child who has been sexually exploited by a family member at home may not know that thefamily member had videotaped the violation and traded it on the Internet. Some cases have been reportedto Interpol where children have been drugged and the images of the abuse were taken while the child sleptunknowingly. See: Interpol. Report of the 20th Meeting of the Interpol Specialist Group on Crimes against Children.Thun, Switzerland; 22-24 Oct., 2002.8See: ECPAT. Report on the ECPAT Regional Consultation on the Commercial Sexual Exploitation of Children inNorth Africa. Rabat, Morocco: 12-13 June, 2003. The Executive Summary, by Dr. Najat M’jid, explains thatCSEC in the region is still poorly understood because, “it is taboo is many countries; there are too manydifferent definitions and concepts; sexual exploitation of children is treated as ‘violence and trauma’ and nationalstudies based on strict methodology and harmonised standards are lacking”.9The International Society for the Prevention of Child Abuse and Neglect provides data on the “gross108|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children
underreporting” by governments of crimes against children, including sexual offences. See ISPCAN. WorldPerspectives on Child Abuse: The Fifth International Resource Book. Carol Stream, Illinois: 2004.10See: AIM: Accuracy in Media. “The Child Rapist Next Door.” Children, Youth and Media around the World: AnOverview of Trends and Issues. S. Gigli, ed. New York: UNICEF and Intermedia, 2004.11Frontline: Defenders of Human Rights Defenders maintains an extensive database of attacks on thoseconducting research into human rights violations, including sexual crimes against children.12Vitit Muntarbhorn is a Professor of Law at Chulalongkorn University in Thailand. As the former UN SpecialRapporteur on the sale of children, child pornography and child prostitution, he was appointed GeneralRapporteur to the First World Congress in 1996 and again to the Second World Congress in 2001.13First World Congress against Commercial Sexual Exploitation of Children. Declaration and Agenda for Action.Stockholm: 27-31 Aug., 1996. Article 5.14Second World Congress against Commercial Sexual Exploitation of Children. The Yokohama Global Commitment.Yokohama: 17-20 Dec., 2001.15See: UN 57th Commission on Human Rights. Report of the Special Rapporteur on the Sale of Children, ChildProstitution and Child Pornography (E/CN.4/2001/78). 2001. 7, para. 20.16See: International Labour Organization (ILO). Tripartite Declaration of Principles Concerning MultinationalEnterprises and Social Policy (3rd Ed.) 2001. 2, para. 6.17The OECD groups 30 member countries that have declared a shared commitment to democratic governmentand the market economy. With active relationships with some 70 other countries, non-government organisationsand civil society, it has a global reach. Best known for its publications and its statistics, its work covers economicand social issues from macroeconomics, to trade, education, development and science and innovation. TheOECD also produces internationally agreed instruments, decisions and recommendations to promote “rulesof the game” in areas where multilateral agreement is necessary for individual countries to make progress in aglobalised economy. Dialogue, consensus, peer review and pressure have been the traditional pillars of work forthe OECD. The OECD will be reviewed later in this report.18See: OECD. The OECD Guidelines for Multinational Enterprises: Revision 2000. Paris: OECD Publications,2000. 17, para. 3.19D. Korten. When Corporations Rule the World. San Francisco: Kumarian Press Inc., Berrett-Koeler Publishers,Inc., 2001. 12720UN General Assembly. Convention against Transnational Organised Crime (A/RES/55/25). 15 Nov. 2000.21UN General Assembly. Protocol to Prevent, Suppress, and Punish Trafficking in Persons (A/RES/55/25). 15 Nov.2000.22UN General Assembly. Optional Protocol to the Convention on the Rights of the Child on the involvement of childrenin armed conflict (A/RES/54/263). 25 May 2000.23UN Commission on Human Rights. Rights of the Child: Report submitted by Juan Miguel Petit, Special Rapporteuron the sale of children, child prostitution, and child pornography (E/CN.4/2004/9). 5 January 2004.24Ibid.25“Exiting strategies” are programmes targeted to young people involved in commercial sexual exploitation. Theyare offered through a partnership between NGOs and the private sector to offer survivors the opportunity toleave their “trade” and seek other employment opportunities.26R.D. Richards, C. Calvert. “Untangling Child Pornography from the Adult Entertainment Industry: An insideLook at the Industry’s Efforts to Protect Minors.” California Western Law Review, 4 (2), 2008, 526.27F.S. Lane. Obscene Profits: The Entrepreneurs of Pornography in the Cyber Age. New York: Routledge, 2000.28Canada. Industry Canada. Corporate Social Responsibility. 23 Nov. 2007. Accessed on 13 Oct. 2008 from: www.ic.gc.ca29Ibid.30The FTSE-350 stock market index incorporates the 350 largest corporations, by capitalization, which has theirprimary listing on the London Stock Exchange.31“CSR on the rise.” Financial Management. 1 Mar. 2008. 8.32“Assessing the impact of societal issues: A McKinsey global survey.” The McKinsey Quarterly. 1 Nov. 2007.33“Corporate Social Responsibility: Going Global.” The Economist. 17 Jan. 2008.34Harvard Kennedy School. Corporate Social Responsibility Initiative. 2008.Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children|109
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PRIVATE SECTOR ACCOUNTABILITYIN COM
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3. Travel and Tourism Sub-Sector 63
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Executive SummarySince the First an
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from the sale of child pornography
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1.1 Defining Commercial Sexual Expl
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The issue of commercial sexual expl
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1.2.1 Transnational and multination
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offer stronger protections against,
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1.3 Defining Corporate Social Respo
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Parliament passed a law requiring a
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2. International Standards and the
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In terms of international law, the
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alia: establish the grounds for cri
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The ILO Convention No. 138, Concern
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2.4 Existing Legal Mechanisms to En
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2.4.2 Existing mechanisms for regul
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Governments play an auxiliary role
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lack of ) monitoring and enforcemen
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who follow relevant international l
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the Commentary references the rule
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2.4.2.1.2.1 Tripartite DeclarationT
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Unlike the preceding sections, whic
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A major criticism of the Tripartite
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MNEs are asked to respect worker’
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Guidelines voluntary, but non-OECD
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An alternative to the above is to r
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freedom from state interference in
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During the Nuremburg Tribunals, Ger
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ATCA expanded liability for interna
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Pursuant to the holding in Kadic re
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