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Through a Euro Lens: Exploring the Roles of NGOs and non-NGOs and the impact they have on child sex tourism in Thailand A thesis in fulfilment of the requirements of the Degree Of Master of Arts in European Studies National Centre for Research on Europe by Fadia Rafiek University of Canterbury 2018 Table of Contents Acknowledgements ……………………………………………….........................................i Abstract ………………………………………………………………………………….......ii Acronyms ……………………………………………………………………………………iii Chapter 1……………………………………………………………………………………..1 Introduction …………………………………………………………………………………1 Child Sex Tourism and Child Trafficking in Southeast Asia …………………………...........1 Literature Review ………………………………………………………………………….....4 Child Sex Tourism in Thailand ……………………………………………………………. ...4 Overview: Child Sex Tourism in sub-region areas of Thailand ………………………….......8 EU’s Response to Child Sex Tourism in Thailand ……………………………………….....11 Why is the EU interested on the topic of child sex tourism in Thailand? ………………..11 What sort of impact can the EU have on combating child sex tourism in Thailand? ……12 The Role of the EU in combating child sex tourism and child trafficking ……………….....14 EUs impact and Thai Government jurisdiction on Child Sex Tourism and Child Trafficking in Thailand and Southeast Asia …………………………………………………………… 20 What impact does the EU have on child sex tourism and child trafficking in Thailand and Southeast Asia? ………………………………………………………………………….20 What jurisdiction does the Thai Government have on child sex tourism and child trafficking in Thailand? .………………………………………………………………………………. 27 Methodology ………………………………………………………………………………. 31 Limitations ………………………………………………………………………………… 32 Outline of Study …………………………………………………………………………… 32 Chapter 2 ………………………………………………………………………………….. 34 Normative Power Europe (NPE) and how the EU might influence child rights for child sex tourism in Thailand…………………………………………………………………… 34 Overview: Diffusion of Mimicry and Normative Power Europe (NPE) ……………………36 Normative Power and Southeast Asian Values on child rights with sex tourism ………...... 47 Normative Power and the Rights of the Child ………………………………………………53 EUs take on how they spread Normative Power to countries within Southeast Asia………. 56 ASEANs view of human rights and how it may be viewed in the concept of Normative Power………………………………………………………………………………………... 57 Normative Power and the EUs take towards child trafficking in Thailand and Southeast Asia………………………………………………………………………………………….. 61 Conclusion ………………………………………………………………………………….. 62 Chapter 3 …………………………………………………………………………………... 64 The relationship between the EU and NGOs for child sex tourism and child trafficking…………………………………………………………………………………... 64 Overview: How does the EU provide assistance for child trafficking within and outside the EU?.......................................................................................................................................... 67 Normative Power and why Civil Society and the Role of NGOs, the EU and its Member States are important for child sex tourism and child trafficking in Southeast Asia?...............75 EU, ASEAN members, and Civil Societies interpretation of child sex tourism......................80 How legislation with EU Member States and the EU is used to tackle child sex tourism domestically and internationally?......................................................................................82 How child sex tourism is dealt with as an internal issue in the EU / member states (at the source of the tourism)?.............................................................................................................84 Conclusion……………………………………………………………………………………90 Chapter 4………………………………………………………………………………….....94 Case Study: ECPAT………………………………………………………………………. .94 Introduction…………………………………………………………………………………94 Overview: ECPAT/EU Relations on child sex tourism in Thailand………………..........97 History of ECPAT as an NGO……………………………………………………………..97 Who is ECPAT?..................................................................................................................97 What do they do?.................................................................................................................98 Advocacy and Campaigns conducted by ECPAT……………………………………………99 What is ECPAT’s relationship with the EU?...........................................................................99 Summary of the 3 projects on child sex tourism in Thailand……………………………… 102 Table 1: ‘Don’t Look Away: Report Child Sex Tourism’ Project………………………… 102 Table 1: Summary for ‘Don’t Look Away: Report Child Sex Tourism’ Project………….. 102 Table 2: ‘ECPAT SERIOUS GAME!’ Project……………………………………………..103 Table 2: Summary of ‘ECPAT SERIOUS GAME!’ Project……………………………….104 Table 3: ‘Protection of children against sexual exploitation in tourism: Capacity building and awareness raising activities in Thailand, Cambodia, Philippines, Gambia and Dominican Republic’ Project……………………………………………………………………………105 Table 3: Summary of ‘Protection of children against sexual exploitation in tourism: Capacity building and awareness raising activities in Thailand, Cambodia, Philippines, Gambia and Dominican Republic’ Project……………………………………………………………….105 Discussion of the three tables from Chapter 4 results………………………………………106 Donor-relationship between ECPAT and the EU……………………………………….107 Normative Power Europe and it’s relation to the EUs 3 Ps………………………………...111 Conclusion and future recommendations…………………………………………………...119 Chapter 5…………………………………………………………………………………...123 Thesis Conclusion………………………………………………………………………….123 Future Recommendations…………………………………………………………………...133 Protect……………………………………………………………………………………134 Prevent…………………………………………………………………………………...134 Prosecute…………………………………………………………………………………135 References………………………………………………………………………………….137 Appendix 1…………………………………………………………………………………157 EU Law…………………………………………………………………………………….157 Table 1. EU Law, Directives, Policy and Report Documents on Child Sex Tourism…………………………………………………………………………………..157 Table 2. EU Law, Directives, Policy and Report documents on Child Trafficking…………………………………………………………………………….....162 Thai Law…………………………………………………………………………………176 Table 3. Thailand Law (Title IX of the Thai Criminal Code) and Government Acts that centre on the protection, prevention, and prosecution of child sex tourism in Thailand……………………………………………………………………………….....176 Acknowledgements Firstly, I would like to thank the National Centre for Research on Europe (NCRE) academics, staff and students. I cannot express how grateful I am for getting the opportunity to research a topic that is as intense as this one. If it was not for the department encouraging me to take a leap of faith and researching this topic I would not have done it in the first place. I have definitely learnt quite a lot since I became a postgraduate student with NCRE. Since I have been with NCRE for the past three years, I would not have been able to do the things that I wanted to do without the financial support I had received from this department. I would also like to thank my co-supervisors Dr Katharine Vadura and Dr Serena Kelly. Without both of your constant support for the past 2 years and 4 months I would not have been able to get this far. You both have been amazing as supervisors and I really do appreciate you both for your guidance throughout this whole research topic. I would also like to thank my flatmate Damian for being my rock when I needed someone to bounce off ideas to. I would also like to thank my very good friend Jules for being the most understanding person on the side of this Earth. If it was not for your constant pushing and encouragement, I would not be finishing this thesis. And lastly, I cannot forget to mention a big thank you to my family in Sydney, Australia and Cairo, Egypt. Even though we all live so far from one another you all have been a major support in my academic career. I would also like to thank my friends as well as you all have been my major support network when I needed you all the most. Without the support from everyone, I would not be here today finishing one of the biggest milestones of my career. i Abstract As the child sex tourism industry in Thailand has increased in the last 30 to 40 years, so too has the demand for trafficking children from other parts of Southeast Asia and into Thailand for prostitution. This research aims to examine the impact in which the European Union (EU) can normatively have on the Thailand Government, Non-Government Organisations (NGOs) and Civil Society Organisations (CSOs) when it comes to child rights and their relation to the Child Sex Tourism (CST) industry in Thailand. As child sex tourism has grown in popularity, there has been added pressure towards the Thai Government from other international actors to strengthen prosecution laws towards traffickers and brothel owners that coerce unsuspecting child victims for sex work and the local and foreign clientele who make use of those services. This study used a comparative analysis that looked into three projects that used the normative values of the EUs 3 Ps (Protect, Prevent, and Prosecute). Secondly, NGOs such as End Child Prostitution and Trafficking (ECPAT) and their involvement with the EU and its Member States was also analysed to determine if their association with these three projects had an impact on clamping down child sex tourism in Thailand. Thirdly, this analysis also investigated to see if these three projects were able to increase the promotion of raising awareness on the
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