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ecognised by customary international law and jus cogens norms; and finally the challengesbefore the court in establishing personal jurisdiction over an MNC defendant in light offorum non conveniens. This will be revisited at the conclusion of the paper.62|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children
3. Travel and Tourism Sub-SectorWithin the private sector the travel and tourism sub-sector has clearly taken the leadtowards eliminating CSEC. At the First World Congress, the travel and tourism industrieswere well represented and their delegates introduced several high profile agreements andresolutions. In the years since, many new initiatives have been further developed. Despitethis trend there is still concern among child advocacy groups and law enforcement agenciesthat not enough is being done by this group to monitor and report instances of childabuse.In 2001, the first comprehensive report on the issue of sex tourism was completed by aresearch firm based in France called Groupe Developpement. The report provides an overviewof the state of the global campaign against child-sex tourism. 250 ECPAT Internationalcommissioned the report called Child Sex Tourism Action Survey in response to concerns thatactivities on the issue following the First World Congress demonstrated a lack of progressin the area. Worldwide surveys were conducted on child-sex tourism with the objective ofusing this information to develop a strategy to further promote its elimination. Analyticalstudies were conducted both on the outputs of the tourism industries, identifying “bestpractice models”, and on the implementation of non-government initiatives.A number of tasks are articulated in the report, including, inter alia: development of a toolto quantify the volume of child-sex tourists; design of a methodology to monitor childsextourism arrests and convictions; assembly and circulation of best practices; creation ofsupport or assistance programmes for partners in Asia, Latin America and the Caribbeanworking to end sex tourism in their regions; and establishment of an information andtraining programme in cooperation with the North American tourism industry.The report identifies sectors involved in child-sex tourism and highlights some of thework that remains to be tackled. The report notes that children are procured for sexthrough various means. Implicated industries and individuals include hotel staff, taxidrivers, transport terminals, panderers, brothels and escort agencies, and sidewalk agents.It is further noted that CSEC takes place in many locales, including hotels, guest houses,holiday flats, parents’ homes, brothels and public places; hotels however are the primescene of CSEC, accounting for 93.3 per cent of incidences. 251 The report states that thereis a division between formal and informal sectors in this area, and that further research isneeded to distinguish between the two and to identify the unique areas of each needing tobe addressed.Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children|63
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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
Page 19 and 20: offer stronger protections against,
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
Page 68 and 69: likely come across similar obstacle
Page 72 and 73: The report draws together a number
Page 74 and 75: means of fostering international pe
Page 76 and 77: a resolution, as well, in which it
Page 78 and 79: The Swedish document was originally
Page 80 and 81: services are designed to combat chi
Page 82 and 83: into contact with individuals who c
Page 84 and 85: children’s perception of the worl
Page 86 and 87: advertisement. The European adverti
Page 88 and 89: high-profile case in the US where a
Page 90 and 91: child actors have gone on in adulth
Page 92 and 93: 5. New Technologies Sub-Sector5.1 C
Page 94 and 95: North American cases illustrate how
Page 96 and 97: With the advent of the social netwo
Page 98 and 99: up to $US 500 if they violate the c
Page 100 and 101: As the genre is so new, there have
Page 102 and 103: - children’s rights advocates, go
Page 104 and 105: law enforcement agencies, but equal
Page 106 and 107: 6. Financial Sub-SectorIt has been
Page 108 and 109: law enforcement is having trouble u
Page 110 and 111: encourage cooperation and follow-up
Page 112 and 113: emedies against all corporations op
Page 114 and 115: Another important objective of the
Page 116 and 117: Endnotes1 Mark Erik Hecht is an aca
Page 118 and 119: 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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