2. the Link Between Child Sex Tourism and Child Trafficking
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Foreword International child sex tourism, a truly global phenomenon, and one which affects some of the most vulnerable members of our societies – children and adolescents, has received significantly less attention on the international arena than have other related phenomena, such as child pornography and trafficking in children for commercial sexual exploitation. While these crimes are all closely linked, and demand concerted action, child sex tourism deserves significantly more attention than it has been receiving as a stand-alone concern. In this regard, the United States Department of State Office to Monitor and Combat Trafficking in Persons (TIP Office) has taken the lead in placing emphasis on child sex tourism as an issue that deserves improved understanding and greater levels of intervention. Child sex tourism is mentioned in numerous country narratives in the 2006 Trafficking in Persons Report, and the TIP Office is clearly committed to including countries’ efforts to combat child sex tourism, especially as connected to the creation of demand for child sex tourism, in its consideration for tier placements. The report, based on exhaustive research conducted by The Protection Project (TPP) regarding the issue of child sex tourism, was made possible by a generous award from the TIP Office seeking to improve understanding of the global phenomenon of international child sex tourism and existing interventions to combat it. The report provides a description of the scope of the problem of child sex tourism and illustrates different responses adopted in several countries where child sex tourism is emerging or significant, especially Cambodia, Costa Rica, Honduras, Philippines, Thailand, and Vietnam. In addition, I believe that it is critical to focus on countries that serve as origin countries for child sex tourists, and therefore the report examines the cases of child sex tourism that have been prosecuted in accordance with the PROTECT Act, as the United States is an important origin country for child sex tourism. The report also includes a model law which I believe should serve as a legislative guide for countries in taking the appropriate legislative measures to protect children from commercial sexual exploitation, especially child sex tourism. I hope that you find this report informative. Mohamed Mattar Executive Director The Protection Project Acknowledgements In gathering information for this report, TPP is indebted to its partner NGOs for their invaluable assistance in meeting with key actors addressing the issue of child sex tourism in their respective countries, in conducting field research on the issue, and in compiling and drafting sections of this report. These are: COSECAM (NGO Coalition to Address Sexual Exploitation of Children in Cambodia) in Phnom Penh, Cambodia; Third World Movement Against Exploitation of Women in Quezon City, Philippines; CEFACOM (Research Center for Family Health and Community Development) in Hanoi, Vietnam; and Fundación Paniamor in San Jose, Costa Rica. TPP is also grateful to The Royal Thai Embassy in Washington, DC, for its assistance in facilitating TPP’s meetings in Bangkok, Thailand. The preparation of this report was a truly collective effort, and would not have been possible without contributions by TPP staff and TPP research associates. TPP is grateful to Anna Koppel, who guided and managed the implementation of the research work that went into preparing this report, analyzed findings, edited the report, and prepared it for publication. TPP is also thankful to staff members who were instrumental in getting the research off the ground and supporting the project at its every step, especially Marina Elefante and Leslie Hess, Miroslava Obdrzalkova, and Lorine Ghabranious. TPP thanks its research associates, especially Erin Williamson, Doug Wink, Jillian Blake, Kelly Powers, and (in alphabetical order): Sheela Ahluwalia, Elver Ariza Silva, Ali Donat, Elizabeth Edmondson, Eveline Endler, Pam Frontino, Martyna Gawrych, Devon Geraghty, Caitlan Greene, Whitney Grey, Mary H. Kalemkerian, Cindy Kim, Ian Kitterman, Biljana Meskovska, Mona Moayad, Robin O’Neill, Reena Patel, Marie Paicache, Carin Rodehed, Ashley Smith, Amy Quinn, Alex Scherbatskoy, Laura VanVoorhees, and Mandy Venuti. Original design and layout for the report were provided by Kashka Kisztelinska of KMK Studio. TPP thanks all those persons that agreed to meet with our researchers and to share their insight and knowledge on this important issue. Table of Contents CHAPTER I 4.3. U.S. Military Prohibition on the Patronizing of Prostitutes The United States’ Legal Framework Addressing the Commercial by U.S. Servicemen . 14 Sexual Exploitation of Children: Child Sex Tourism, Enforcement of 5. United States Government Efforts to Combat Child Sex the PROTECT Act, and Other U.S.-Based Initiatives . .9 Tourism . 15 5.1. Law Enforcement Activity under the PROTECT Act . 15 1. Legislative Framework Against the Commercial Sexual Exploitation of Children . .9 5.1.1. Lead Investigating Agencies . 15 1.1. Principal Legislative Instruments Covering Commercial 5.1.2. Cooperation with NGOs . 15 Sexual Exploitation of Children. .9 5.1.3. Cooperation with Domestic and Foreign Law 1.2. Expansion of Criminal Liability. .9 Enforcement Agencies . 15 1.3. Extension of Territorial Jurisdiction. 10 5.1.4. Training Programs . 16 5.2. Efforts of the U.S. Department of Justice Office of Overseas 2. Criminalizing Child Sex Tourism: Legislative History of the Prosecutorial Development, Assistance and Training PROTECT Act . 10 (OPDAT) . 16 2.1. Child Sex Tourism as part of the Violent Crime Control 5.3. Efforts of the U.S. Department of State Office to Monitor and Law Enforcement Act . 10 and Combat Trafficking in Persons . 16 2.2. Sex Tourism Prohibition Improvement Act . 10 5.4. Bilateral Initiatives . 17 2.3. PROTECT Act . 11 6. Non-Governmental Efforts Originating in the United States to 3. Obstacles to Successful Implementation of the PROTECT Act . 11 Combat Child Sex Tourism . 17 3.1. Difficult Choices . 11 6.1. World Vision . 17 3.2. The Confrontation Clause . 11 6.2. ECPAT-USA . 18 3.3. Challenges Associated with Child Victim and Witness 6.3. International Justice Mission . 18 Testimony, and Evidence Collection . 12 6.4. Shared Hope International . 18 3.3.1. Difficulties Obtaining Testimony from Child Victims . 12 7. Private Sector Initiatives Originating in The United States . 18 3.3.2. Difficulties Obtaining Evidence . 12 3.4. Enhancing Implementation of the PROTECT Act. 12 3.4.1. Building Law Enforcement Capacity in Countries of CHAPTER II Destination . 12 Findings on Child Sex Tourism Originating in the United States: 3.4.2. Strengthening U.S. Law Enforcement Presence in Scope of the Problem, Primary Countries of Destination, and Countries of Destination . 13 Emerging Countries of Destination . 21 3.4.3. Engaging in Prevention Efforts . 13 1. The Scope of the Global Problem of Child Sex Tourism . 21 4. Supplementary Legislation Related to Child Sex Tourism 1.1. Origins of Child Sex Tourism . 21 Offenses . 13 1.2. Factors Fueling Growth of the Global Sex Tourism 4.1. End Demand for Sex Trafficking Act . 13 Industry . 21 4.2. The U.S. Trafficking Victims Protection Act and 1.2.1. Tourism Development and Lack of Effective Child Reauthorization Acts . 13 Protection . 21 1.2.2. Demand . 22 2. Southeast Asia Case Studies . 50 1.3. Significant and Emerging Child Sex Tourism Destinations 3. Europe Case Studies . 57 Around the World. 23 4. Africa Case Studies . 58 2. Child Sex Tourism Originating in the United States . 24 2.1. Overview of Arrests and Prosecutions of American Child 5. Pacific Case Studies . 58 Sex Tourists in the United States . 24 6. North America Case Studies . 59 2.2. Independent Planning of Child Sex Tourism Trips . 26 7. Foreign Citizens Apprehended in the United States for 2.3. Child Sex Tourism and Residence in Country of Child Sex Tourism Offenses . 59 Destination . 26 2.4. Organized Child Sex Tourism: Involvement of Travel Section C. Statistical Analysis: Case Proceedings and Outcomes . 60 Agencies and Sex Tour Operators . 27 Appendix 1. 61 2.4.1. Operations Uncovering Organized Sex Travel . 27 Appendix 2. 66 2.4.2. U.S.-Based Sex Tour Companies . 27 3. Primary and Emerging Countries of Destination for Child Sex Tourists from the United States . 28 CHAPTER IV 3.1. Primary Countries of Destination . 28 Countries of Destination Studies Central America: Costa Rica . 77 3.1.1. Primary Countries of Destination Based on the Record of U.S. Law Enforcement Activity . 28 1. Tourism, Sex Tourism, and Child Sex Tourism in Costa Rica . 77 3.1.2. Primary Countries of Destination Based on U.S. 1.1. Tourism . 77 Government Insight . 29 1.2. Sex Tourism . 77 3.1.3. Primary Countries of Destination Based on Record 1.3. Child Sex Tourism . 78 of Arrests and Prosecutions in Countries of 1.3.1. History of the Problem of Child Sex Tourism in Destination . 29 Costa Rica . 78 3.1.3.1. Cambodia . 29 1.3.2. Child Prostitution, Child Sex Tourism, and Child 3.1.3.2. Philippines . 30 Trafficking . 78 3.1.3.3. Thailand . 31 1.3.3. Locations of Sex Tourism and Child Sex Tourism 3.1.3.4. Costa Rica . 31 Activity in Costa Rica . 79 3.1.3.5. Mexico . 32 1.3.3.1. Popular Establishments for Sex Tourism. 79 3.2. Emerging Countries of Destination . 32 1.3.3.2. Geographic Areas where Sex Tourism and 3.2.1. Dominican Republic . 33 Child Sex Tourism Are Prevalent . 80 3.2.2. Honduras. 33 1.3.4. Local and Foreign Demand for Child Prostitution . 80 3.2.3. Guatemala . 34 2. Initiatives to Combat Child Sex Tourism . 81 3.2.4. Kenya . 34 2.1. Historical Context and Current Trends . 81 3.2.5 Russia and Eastern and Southeastern Europe . 34 2.1.1. “Policy of Denial” . 81 3.2.6. Vietnam and Laos .