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a resolution, as well, in which it “recommends that all members….consider measures toprevent the use of their premises for the commercial sexual exploitation of children [and]prevent ease of access to child prostitution or child pornography”. 267Although all charters and resolutions should be considered positive steps in the effort tocombat CSEC, they are voluntary in nature. If a member chooses to ignore the resolution,at worst it will be disassociated. Further, the language in these texts is often drafted afterintense negotiations with multiple partners, including both trade unions and management.As a result, many of the words chosen are not as forceful as they could be. For example,terms such as “encouraged” and “recommended” permeate the literature distributed bythese international networks, rather than phrases such as “must” or “required”. As well,these charters and resolutions can only target very precise forms of CSEC, such as thoseperpetrated by members of large organisations or networks. Finally, it is important to notethat these obligations are very difficult to monitor.3.3 Regional and National ProgrammesAs outlined above, the international travel and tourism industry has concentrated its effortsto combat CSEC in its own environment by educating its regional and national membersand offering them guidance as to how they can contribute to the fight. In turn, there havebeen many projects undertaken at the local level that have met with positive results.A series of successful initiatives have been generated by European travel organisations. TheGroup of National Travel Agents and Tour Operators Association within the EuropeanUnion (ECTAA) passed a “Declaration against Child Sex Tourism” in which groupscommitted themselves to excluding “without delay” any member proven to be engagedin sex tourism. 268 In 1997, the Confederation of the National Associations of Hotels,Restaurants, Cafés and Similar Establishments (Hotrec), based in Brussels, voted positivelyon a “Declaration against the Sexual Exploitation of Children”. 269 The Hotrec declarationis unusual as it states “regret” for the use of the term “child-sex tourism”: “[The expression]is highly damaging to the image of the tourism industry. Such crimes occur because ofchild sex abusers and, unfortunately, they occur in all sorts of circumstances which are notrelated to tourism activities”. 270National governments have also been instrumental in assisting or mandating privateenterprises in the tourism industry to address the issue of CSEC. In 1999, the EuropeanParliament, the Council, the Economic and Social Committee and the Committee ofthe Regions issued a “Communication on the Implementation of Measures to Combat68|Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children
Child Sex Tourism”. Apart from the practical interest of identifying concrete elementsin response to the problem of CSEC, the main purpose of the Communication is to“provide a reference framework for community action on combating child-sex tourism”. 271The Communication outlines many successful partnerships between European privatecompanies and the non-profit sector, including a video campaign by Terre des Hommes andLufthansa, and a luggage tag initiative with European tour operators. The Department forInternational Development and the Foreign and Commonwealth Office of Britain has alsoundertaken several joint initiatives with local travel agents and travel training companies,as well as recommending the introduction of a tourism industry code of conduct. 272The European Commission has conducted several important studies on regional measurestaken to combat child-sex tourism. In the Communication noted above, the Commissionprovides the results of a survey it conducted on Europeans’ views on the phenomenaof sex tourism. The report provides many statistical outcomes from the research it hadundertaken, including the fact that 63 per cent of Europeans think the problem is“widespread”. The report concludes that there is one obvious consequence to these results,the need to step up efforts to find tangible responses to the concerns clearly expressed byEuropean citizens regarding the perversion of tourism which child-sex tourism represents.Organisations working in the EU have found this “Eurobarometer” on child-sex tourismto be useful as a reference tool in various situations, such as negotiating with tour operatorsand other representatives of the travel and tourism industry for tighter regulation of theirbusinesses.Several countries have independently adopted national codes or programmes for theirtravel and tourism industries. The most comprehensive code of conduct for tour operatorswas first developed in 1998 by ECPAT Sweden. ECPAT Sweden had requested inputfrom a number of organisations that would be affected by such a code. These includedUFTAA, ECTAA, UNWTO, ECPAT national groups and Scandinavian tour operators.Following a collaborative process in finalising the document, a number of “compliancecontracts” were then signed with the travel industry. Such contracts represent 95 per centof the Swedish travel market, and 75 per cent of the Nordic market. In November 1999,Germany and Austria joined the coalition. In January 2001, Italy, the Netherlands andthe United Kingdom also agreed to participate. By 2005, a total of 241 companies from21 countries had signed the Code. 273 Funding over the period 1999-2004 was providedby countries’ respective governments and from the European Commission. As of October2008, there are 989 companies, from 34 countries, implementing the Code in 53 countriesin Europe, North and Latin America, Asia and Africa. Although, since August 2004,UNICEF also joined the project as a co-funder, there is strong support for the view thatfinancing should come from the tour operators as well.Private Sector Accountability in Combating the Commercial Sexual Exploitation of Children|69
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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
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 70 and 71: ecognised by customary internationa
Page 72 and 73: The report draws together a number
Page 74 and 75: means of fostering international pe
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
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Page 86 and 87: advertisement. The European adverti
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Page 90 and 91: child actors have gone on in adulth
Page 92 and 93: 5. New Technologies Sub-Sector5.1 C
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Page 96 and 97: With the advent of the social netwo
Page 98 and 99: up to $US 500 if they violate the c
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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
Page 120 and 121: 84On 31 Jan. 1999, UN Secretary-Gen
Page 122 and 123: 110Norms, D.111Norms, point 5. (Rea
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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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