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internationally became self-consciously transnational. This commonly involvedbuilding their operations around globally integrated supplier networks… Thegoal was to eliminate considerations of nationality in an effort to maximize theeconomies of centralized global procurement. 191.2.2 Organised crime syndicatesThere is an alternative private sector that is deeply implicated in CSEC, and which, ifeliminated, would lead to a dramatic decrease in the abuse of children. This is the world oforganised crime. According to law enforcement, sexual exploitation of women and childrenis one of the fastest growing organised criminal activities around the globe, and followsin frequency only the trade in narcotics and weapons. Organised criminal syndicates areestimated to earn billions of dollars annually through, for example, trafficking in humanbeings, management of brothels and production of pornography. Children are at particularrisk of exploitation because these cartels are highly skilled in manipulation and deception.Lured through false promises of jobs, children and their parents are often tricked into, andtrapped by, exploitative conditions.Although the specific details of organised crime are manifested differently in variouscountries or regions, it is clear that the rights of all children are consistently being threatenedby this “alternative” private sector. It is very difficult to speculate as to ways in which crimegroups can become participants in efforts to undermine CSEC. Because of the illegal andillicit nature of their activities, it is not plausible to consider lobbying such organisationsto solicit socially responsible business. Furthermore, because CSEC is often central, ratherthan incidental, to their core activities and the profits from such exploitation are high, anyintervention is unlikely unless it comes with real threats of punishment. Moral or ethicalappeals would not force accountability, nor would consumer pressure, as is often the case inthe “legitimate” private sector. However, other industries can become actively involved inundermining organised crime as it pertains to CSEC. For example, security guards, hotelemployees, transportation services (i.e., airlines, bus companies, shipping firms, etc.) canplay very important roles in identifying suspicious situations. Recognising that efforts todirectly confront organised crime groups about their questionable activities would be doneat great personal risk, these industries might be better suited to monitor and then reporttheir findings to authorities.The reporting of exploitation will only be successful if there are effective responses to thetips made by concerned corporate citizens. It is imperative that the international legaland judicial communities endorse tighter controls, greater accountability and harsherpenalties for organised criminal activity. In light of this, a number of recent UN initiatives10|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children
offer stronger protections against, and responses to, organised crime. The adoption by theUN General Assembly of a new international agreement enhances the focus of worldgovernments on organised crime as it applies to the exploitation of children, and representsimportant steps to mandate stronger sanctions of such activity. The UN Convention againstTransnational Organised Crime 20 and its accompanying Protocol to Prevent, Suppress andPunish Trafficking in Persons 21 are the first legally binding UN instruments concerning suchbehaviours. Their adoption came just a few months after the creation of an Optional Protocolto the Convention on the Rights of the Child enhancing protections from CSEC. 22 All thesemeasures are designed to strengthen international frameworks to undermine organisedcrime, and to aid in the protection of children from the many forms of exploitation thatresult from such activities.1.2.3 Businesses not directly involved in CSECMuch of the discussion of the private sector in this study highlights activities that shouldbe taken by industries that are, or may be, implicated in CSEC. However, there aremany private industries that have no apparent link to exploitation but could neverthelessplay an important role towards its elimination. For example, businesses that choose tooffer young people in difficult circumstances realistic employment opportunities, withreasonable salaries and respectable working conditions will no doubt help prevent CSEC,as this would reduce the amount of children at risk in their own communities. Moreover,many industries can take active preventative measures such as coordinating institute jobtraining programmes for young people, particularly for those at risk of commercial sexualexploitation. Furthermore, as indicated in a study by a UN Special Rapporteur on the sale ofchildren, child prostitution and child pornography, organisations could provide mentoringprogrammes or ensure funding and scholarship opportunities for the education of youngpeople. 23 Other measures that could easily be taken by the private sector are programmesfor employees about CSEC, actively condemning the exploitation of children. “Zerotolerance”policies could be created and enforced by the high-tech industry regarding, forexample, online stalking of children or the possession of electronic child pornography.It has been repeatedly noted that consumers are interested in corporate accountability andin the protection of children’s rights. Therefore, active protection and promotion of suchrights may be represented as a means to enhance business. For example, a UN SpecialRapporteur identified awareness raising regarding the possible monetary benefits of socialresponsibility within the corporate sector to be a successful initiative in promoting corporateaccountability. 24 There is also great potential for preventative work and for the establishmentof “exiting” strategies to be implemented by the private sector 25 . This potential is becomingincreasingly realised internationally.Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children|11
Page 5 and 6: PRIVATE SECTOR ACCOUNTABILITYIN COM
Page 7 and 8: 3. Travel and Tourism Sub-Sector 63
Page 9 and 10: Executive SummarySince the First an
Page 11 and 12: from the sale of child pornography
Page 13 and 14: 1.1 Defining Commercial Sexual Expl
Page 15 and 16: The issue of commercial sexual expl
Page 17: 1.2.1 Transnational and multination
Page 21 and 22: 1.3 Defining Corporate Social Respo
Page 23 and 24: Parliament passed a law requiring a
Page 25 and 26: 2. International Standards and the
Page 27 and 28: In terms of international law, the
Page 29 and 30: alia: establish the grounds for cri
Page 31 and 32: The ILO Convention No. 138, Concern
Page 33 and 34: 2.4 Existing Legal Mechanisms to En
Page 35 and 36: 2.4.2 Existing mechanisms for regul
Page 37 and 38: Governments play an auxiliary role
Page 39: lack of ) monitoring and enforcemen
Page 42 and 43: who follow relevant international l
Page 44 and 45: the Commentary references the rule
Page 46 and 47: 2.4.2.1.2.1 Tripartite DeclarationT
Page 48 and 49: Unlike the preceding sections, whic
Page 50 and 51: A major criticism of the Tripartite
Page 52 and 53: MNEs are asked to respect worker’
Page 54 and 55: Guidelines voluntary, but non-OECD
Page 56 and 57: An alternative to the above is to r
Page 58 and 59: freedom from state interference in
Page 60 and 61: During the Nuremburg Tribunals, Ger
Page 62 and 63: ATCA expanded liability for interna
Page 64 and 65: Pursuant to the holding in Kadic re
Page 66 and 67: The Court could establish jurisdict
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likely come across similar obstacle
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ecognised by customary internationa
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The report draws together a number
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means of fostering international pe
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a resolution, as well, in which it
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The Swedish document was originally
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services are designed to combat chi
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into contact with individuals who c
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children’s perception of the worl
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advertisement. The European adverti
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high-profile case in the US where a
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child actors have gone on in adulth
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5. New Technologies Sub-Sector5.1 C
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North American cases illustrate how
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With the advent of the social netwo
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up to $US 500 if they violate the c
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As the genre is so new, there have
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- children’s rights advocates, go
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law enforcement agencies, but equal
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6. Financial Sub-SectorIt has been
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law enforcement is having trouble u
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encourage cooperation and follow-up
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emedies against all corporations op
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Another important objective of the
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Endnotes1 Mark Erik Hecht is an aca
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35Canada. Industry Canada. Corporat
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84On 31 Jan. 1999, UN Secretary-Gen
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110Norms, D.111Norms, point 5. (Rea
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143Ibid., “General Policies.” P
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179Ibid., Annex, III: Global Report
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of the Guidelines).212Ibid., Part I
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258Ibid.259UNWTO Report to the UN G
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310Ibid., 12.311Council of Europe,
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Germany and South Africa, ISPs are
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The World Congress III against Sexu
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