34502-nyi_46-1 Sheet No. 30 Side A 02/26/2014 09:18:43 R R R R R R R R R R R R R ...... 59 ...... 73 ...... 81 * ...... 76 NDUSTRY NDUSTRY I ...... 79 MITH ...... 80 I EORGE ...... 65 NFORCEMENT 55 E R. S R. G RIVATE AW ...... 61 P L RAFFICKING RIKA CARLET T E ...... 76 ...... 71 S EX ...... 69 ...... 60 S ...... 56 Failure to Identify Child Sex Trafficking Victims Failure to Coordinate Failure to Investigate Characteristics that Contribute to Child Exploitation Characteristics Shared by Traffickers and Tricks of the Trade HILD ROBLEMS OF OTENTIAL OF P P C 1. 2. 3. 1. 2. Demand Taking Stock in the Business of Child Sex Trafficking Failures of Law Enforcement Supply AID EFFORTS TO END CHILD SEX HE HE HE TRAFFICKING TRAFFICKING AND MODERN SLAVERY B. C. A. A. It is easier to build strong children than to repair broken [adults]. broken repair to than children strong build to easier is It —Frederick Douglass, Former Slave and Abolitionist I. T RESPONSIBILITY RESPONSIBILITY CAN PROTECT RIGHTS AND * Professor of Law, S.J. Quinney College of Law, University of Utah. II. T III. T IN GOOD COMPANY: HOW CORPORATE SOCIAL NTRODUCTION I \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 1 26-FEB-14 8:32 School. Scarlet R. Smith, B.A., University of Nevada, Las Vegas; M.P.A., Uni- versity of Utah; J.D., S.J. Quinney College of Law, University of Utah. Fund- ing for this Article was provided by the University of Utah The College authors of would Law. like to express their appreciation to Anna Dr. Shavers Alexis and Kennedy. An earlier version of this Fourth Article Annual was Interdisciplinary delivered Conference at on the Human Trafficking at University of Nebraska, Lincoln. The authors would also like to acknowledge the Margaret Vu, John Plimpton, Shruti Bhutani and Oriene Shin for their ex- cellent comments and research assistance. B.A., University of Chicago; M.A., University of Chicago; J.D., Harvard Law 34502-nyi_46-1 Sheet No. 30 Side A 02/26/2014 09:18:43 02/26/2014 A 30 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 30 Side B 02/26/2014 09:18:43 R R R R R R R R R R R R 1 ODERN M [Vol. 46:55 USINESS OF B ...... 108 ...... 107 ...... 105 NSIDE THE AND POLITICS ...... 95 : I ...... 109 ...... 93 ...... 82 86 ...... 90 RAFFICKING NTRODUCTION I T ...... 102 EX , S Consumer Loyalty Employee Satisfaction ...... 82 ARA INTERNATIONAL LAW a. b. Corporate Social Responsibility in the Hotel and Travel Industry Contributing to Change through Codes of Conduct Competitive Advantage Children’s Rights Business Responsibilities with Respect to Children’s Rights K ...... 110 1. 2. 3. 1. 2. Opportunities for Change and Gaining Competitive Advantage Caveats and Concerns Promoting the Protection of Children’s Human Rights Protecting Against Legal Liability and Reputational Risks Corporate Social Responsibility: Creating 2009). D. A. B. C. IDDHARTH 5 ( S Worldwide, thousands of children are forcibly trafficked Much like a legitimate market, the child sex trade oper- 1. ONCLUSION LAVERY into the sex trade. Children around the world across are the trafficked world. America is unfortunately no law, the United States eradicated slavery over a exception. century ago. In By practice, however, enslavement currently exists in America in the form of the domestic child sex trade. As a form of modern day slavery, much like its transatlantic predecessor, trafficking denies human dignity and can leave a deep and lasting legacy of harm that diminishes human capabilities. ates according to the economic laws of supply and demand. mands. Buyers of child sex drive the demand, and vulnerable children are supplied to satisfy preferences. This means children that are bought, sold, and enslaved because a market ex- ists for the sexual services of minors. Moreover, low costs and huge profits have made child sex trafficking one of the most S Unlike a legitimate market, however, the product sold is a per- son. Traffickers supply children to meet marketplace de- C 56 \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 2 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 30 Side B 02/26/2014 09:18:43 02/26/2014 B 30 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 31 Side A 02/26/2014 09:18:43 2 57 30 CNN EPORT , R HILDREN C ATIONAL N HE , T L ROSTITUTED ’ P S NT ’ I OPE H MERICA . : A Such efforts targeting the supply 3 HARED 4 ., S 5 IN GOOD COMPANY RAFFICKING (Apr. 14, 2011, 9:54 AM), http://thecnnfreedom- T Attacking the Demand for Child Sex Trafficking EX MITH ET AL S LOG note 1, at 23. B A. S A. INOR supra M , Child sex trafficking is transient by nature. While INDA ROJECT 6 at 16. L P ARA stating that the average age of entry into prostitution in the United Id. See Id. K By understanding the nature of the market and the fea- Most nongovernmental organizations, policy makers, and OMESTIC 4. Siddharth Kara, 2. 3. 5. 6. D REEDOM F ON (2009) ( ness in particular places. side of the sex trade equation are imperative for tion of exploited the children. However, to protec- move towards eradica- tion of child sex trafficking, both supply and demand must be addressed. More can be done to decrease demand by making access to the “product” difficult for would-be limiting opportunities buyers for and buyers by and sellers to transact busi- States is twelve to fourteen years old) tures that give fuel to the sex trafficking industry, the best pos- sible interventions designed to decrease sex trafficking may be revealed. business transactions are made over the Internet, the sex acts and sexual abuse often occur in commercial Children establishments. are transported between different private commer- cial establishments ranging from hotels and motels stops. Moreover, different to types of tourism, truck such as large con- human rights organizations focus almost “supply-side” exclusively of on child sex the trafficking because these tions organiza- appropriately strive to protect the people from being rights violated. of vulnerable the trade. Today, the modern sex slave enters the trade at an average age of only thirteen. 2013] lucrative business opportunities possible. Generating billion dollars around the over world annually, the sex trade far ex- a ceeds the profit margins of many Profits are other exceedingly high global because the enterprises. children sold in the sex trade come at little or vulnerable no members of society, young cost. children, ultimately pay Unfortunately, the most the highest prices in this lucrative market when they bear the unimaginable and unjust costs of the abuses associated with \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 3 26-FEB-14 8:32 project.blogs.cnn.com/2011/04/14/attacking-the-demand-for-child-sex-traf ficking/. 34502-nyi_46-1 Sheet No. 31 Side A 02/26/2014 09:18:43 02/26/2014 A 31 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 31 Side B 02/26/2014 09:18:43 [Vol. 46:55 AND POLITICS INTERNATIONAL LAW The principal contribution of this Article is to show that, The private sector can move the market in two ways: first, ultimately making access to child sex workers more difficult. forcement, can initiate and implement policies that crease help the likelihood in- that buyers and traffickers are caught— Most commentary regarding child sex trafficking focuses the failures on of local law enforcement to find a solution. How- ever, this Article argues that the effectively private business supplement sector the can efforts of governmental law organizations, enforcement, and international non- human rights cies and commit to practices that could serve to decrease the profits generated by the child sex trafficking market. As con- sumers and investors grow increasingly sensitive to social issues they increasingly regard the reputation of a business as an im- portant element when making decisions. Accordingly, corpo- rate social responsibility is becoming a competitive imperative as it informs the consumers’ decision to patronize an establish- partic- a in shares purchase to decision investors’ the and ment ular corporation. Therefore, conduct consistent with emerg- ing global norms on the responsibility of business human to rights respect is advisable. in many cases, the private sector, in cooperation with law en- nesses to implement a zero tolerance policy against ficking and sex educating traf- the business community on identifying child trafficking may significantly contribute to disrupting the demand side of the trade. by cooperating with law enforcement hood to that buyers and traffickers increase will not evade the detection; and likeli- second, by cooperating with one another to decrease the op- portunities for illegal transactions to take place and for abuses to occur in commercial accommodation establishments. More- over, there is potential for the more proactive members of the private sector to be rewarded in the marketplace. In coopera- tion with law enforcement, the private sector can create poli- 58 ventions or sporting events, are correlated with an increased volume of trafficking. Accordingly, the private sector is well sit- uated to contribute towards ending the suffering of children trafficked into sexual slavery. Arguably, the business commu- nity occupies an especially advantageous position in its ability to put pressure on the bottom line of an has benefited illicit from being overlooked business and misunderstood. that En- couraging hotels, hospitality workers, and other tourism busi- \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 4 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 31 Side B 02/26/2014 09:18:43 02/26/2014 B 31 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 32 Side A 02/26/2014 09:18:43 59 http://www 45 (2012). EPORT Women and girls and Women NDUSTRY 8 R available at I ERSONS P While the majority of traf- 7 RAFFICKING T EX RAFFICKING IN S IN GOOD COMPANY , T HILD TATE C S HE T OF ’ EP I. T U.S. D The problem of modern slavery is international. Accord- 7. 8. Press Release, International Labour Organization, 21 Million People make up the overwhelming majority of sex trafficking victims are trafficked into modern slavery. ficked persons are exploited for labor, an estimated lion people worldwide are exploited for sex. 4.5 mil- ing to 2012 International Labor Organization (ILO) estimates trans- by just not exploitation, by trafficking human define that portation across jurisdictions, up to 20.9 million people today buyers and sellers. By taking a proactive stance to implement codes of conduct that are consistent with the responsibility of business to respect the rights of children, the hospitality indus- try can avoid legal risks and achieve ho- the efforts, collective through that argued is it significantly, financial rewards. Most tel and tourism industries can help protect children’s human rights and end abuse. reviews federal laws enacted to protect exploited children in the sex from trafficking industry and being discusses the fail- ures of law enforcement to properly dren. protect In trafficked chil- Part III, rights initiatives the and policies that Article are designed surveys to strengthen the potential international of the private sector to protect children through human assuming the responsibility consistent with newly international articulated norms that regulate the role of business prises with respect enter- to human rights. In conclusion, the Article argues that the private sector is well existing laws situated and to the efforts supplement of law enforcement with socially responsible policies and specific practices designed to the business of abusing children make a more costly proposition for 2013] initiatives to protect exploited children. In Part I, this Article first introduces the supply-side of the child sex industry by of- fering an overview of the child victims and the traffickers that coerce and control them. Next, the demand-side of the child sex business is introduced by profits and providing the buyers that an drive the demand overview in the child of sex the trafficking industry. Finally, Part I examines transactions implicate the tourism sector. how Part II of the Article trafficking \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 5 26-FEB-14 8:32 are Now Victims of Forced Labour (June 1, 2012), 34502-nyi_46-1 Sheet No. 32 Side A 02/26/2014 09:18:43 02/26/2014 A 32 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 32 Side B 02/26/2014 09:18:43 . T ] ’ HIL- EP ODE C ERSONS C P HE [Vol. 46:55 , U.S. D T ACKGROUND AND ERSONS : B ROTECTION OF P P RAFFICKING IN hereinafter [ T OURISM T http://resources.ecpat.net/ Provided the market for OMBAT 12 RAFFICKING IN AND POLITICS C T ONDUCT FOR THE RAVEL AND available at Supply C T OMBAT A. C 9 ODE OF ROGRAMS TO note 3, at 17. 4 (2006), (2006), 4 P ., C ., Because trafficking is such a complicated supra XPLOITATION IN 10 ONITOR AND ., INTERNATIONAL LAW L ET AL E XAMPLES ’ M E NT EXUAL NTERNATIONAL S , I FFICE TO MITH ET AL Id. O S I ECPAT The problem is present and persistent virtually every- The international community has set standards to guide Globally, children are being trafficked in the sex indus- TATE 9. 11 10. 12. 11. S MPLEMENTATION OF DREN FROM sex with children stays profitable, traffickers will continue exploit to and enslave children in the Too sex often, trafficking trafficking industry. and the children trade are overlooked in the enslaved United States, since Americans as- in the sex sume that such crimes simply cannot occur in the United projects in seventy different countries. United States policy foreign priorities for anti-trafficking projects are implemented and protection; (2) prevention; (1) framework: “3P” a through (3) prosecution. governments in efforts United to Nations combat Protocol modern to Trafficking Prevent, slavery in Suppress, Persons in and (the Palermo the Punish States Protocol). Office to The Monitor and United Combat Trafficking in Persons’ International Programs currently manages over 168 multi-year index.htm. (2012). I .ilo.org/global/about-the-ilo/newsroom/news/WCMS_181961/lang—en/ 60 as ninety-eight percent of those trafficked for sexual exploita- tion are women or girls. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 6 26-FEB-14 8:32 try. challenge, the government’s ability to fully implement policy priorities to meet the challenge will partnership require with cooperation the in private sector With and a view the towards demonstrating general the public. potential for vate the sector pri- to contribute to the prevention of protection abuse of children, and the complexities of the the domestic child sex trade as well as the challenges it presents for law enforce- ment are discussed below. EI/Publications/CST/Code_of_Conduct_ENG.pdf where with over “one million children enter[ing] billion dollar the sex trade every year.” multi- 34502-nyi_46-1 Sheet No. 32 Side B 02/26/2014 09:18:43 02/26/2014 B 32 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 33 Side A 02/26/2014 09:18:43 , 61 257 LAN FFICE U.S., A (2001) USTICE J ) ., O ESPONSES EIL OF XPLOITATION . EHAVIOR TUDY T & N ’ E B S EP XPLOITATION AND U.S. R STES E DAMS ET AL EXUAL HILDREN IN THE IOLENT A S J. E C ATIONAL HILD V , U.S. D 14 , C ILLIAM ICHARD W UNK U.S. N R F OMMERCIAL HALLENGES AND REVENTION C C P OF THE ARKUS GGRESSION AND XPLOITATION OF ( A E LOBAL , 17 G EPORT & T. M EXUAL IN GOOD COMPANY R note 3, at 31. note 3, at iv. ELINQUENCY S D ULL Exploratory Review of Route-Specific, Gendered, and Age- ENDALL EGISLATION ON THE supra supra : F L ., ., M. K XAMINING THE EXICO OMMERCIAL An estimated 100,000 U.S. children are trafficked (2010) (reviewing the leading factors to a child becoming in- USTICE AND C EDERAL M 13 : E J F HE IRGINIA However, traffickers are particularly able to take advan- take to able particularly are traffickers However, MITH ET AL MITH ET AL V , T S S Id. 15 16 Generally, “any child can become a trafficking victim, and Children are the primary supply of the sex trafficking in- Characteristics that Contribute to Child Exploitation HILDREN UVENILE 14. 15. There are a number of additional studies on factors that contribute 13. 16. J C EINER ANADA AND RAFFICKING FFECTS OF C OF OF E to children’s vulnerability. See, for example, domestically trafficked minors are diverse in terms of ethnic- ity, age, socio-economic status, sexual der.” orientation, and gen- T (2011) (discussing the characteristics abuse); Joan that A. make Reid, children Graded vulnerable Dynamics of Exploitation: to Applying Life Course Theory to Sex Victimization Trafficking in in North America W 1. na- still are children because children target Traffickers dustry. ıve with little life experience and usually have systems to help small them once they have support been compromised. As a result, children can be more easily manipulated than adult vic- tims, and traffickers are able to exert control over them more easily. 2013] States. Slavery, after all, has been abolished. Shared However, Hope when International (SHI), an international Christian non-profit organization dedicated to improving the response to sex trafficking, investigated buyers, facilitators, and traffick- ers in four countries including the United States, they discov- ered “the product for sale is most commonly local (domestic) children.” into the sex trade domestically each year. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 7 26-FEB-14 8:32 tage of children with certain characteristics that add to vulnerability, their such as where abuse or neglect already exists, a a young age, a prior ex- dysfunctional home environment volved in commercial sexual exploitation); (2012) (exploring victim vulnerabilities in the context of sex trafficking). (explaining the factors that trade); make children more vulnerable to the sex ¨ 34502-nyi_46-1 Sheet No. 33 Side A 02/26/2014 09:18:43 02/26/2014 A 33 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 33 Side B 02/26/2014 09:18:43 [Vol. 46:55 The insecurity of 20 AND POLITICS 17 Younger girls are desired and in de- girl significantly increases the likelihood 18 young INTERNATIONAL LAW (stating that youth who come from dysfunctional families in at 46 (quoting an assessment from Baton Rouge/ New Orleans at 18 (discussing the danger of sexual exploitation for home- 19 (internal quotations marks omitted). at 30. Survival sex is the exchange of sex for something the Id. See id. See id. See id. Id. 21 In addition to gender and age, other important factors The most critical factors of vulnerability are the child’s 19. 17. 18. 20. 21. the average age of entry into prostitution is thirteen-years old; however, children as young as eight have been arrested for so- licitation. mand. Younger girls are also tional more manipulation susceptible tactics used to by traffickers. the Consequently, emo- poverty and the instability of homelessness dren drive to trade some sex chil- in exchange for stance, according basic to subsistence. SHI, For “one in- form of domestic ficking minor that traf- is frequently overlooked is referred to as survival sex.” that contribute to a child’s vulnerability to the tactics used by traffickers are homelessness and poverty. age and gender. Although child sex trafficking is not limited to girls, being a cent had a history of physical or sexual abuse. The majority of the girls iden- tified with a history of prostitution were recruited between the ages of twelve and thirteen years old, however those girls were not identified as trafficking victims on average, until approximately fifteen years old. Each girl revealed that she had been exploited by a pimp.). which there was abuse or trauma are particularly vulnerable to a trafficker’s/ a to vulnerable particularly are trauma or abuse was there which pimp’s method of recruitment and control). area in Louisiana where a clinical supervisor at a runaway youth shelter re- viewed computer records and reported that fifty-seven percent youth that came into the shelter in 2006 were domestic minor sex trafficking of the 157 victims pursuant to the federal through definition. April 2005, Additionally, WestCare Nevada from tracked April 64 girls 2004 these of neither though programs, diversions probation and abuse through substance both their programs were designed specifically to treat domestic minor sex trafficking victims. WestCare Nevada found that seventy-two percent (fourty-six of the sixty-four girls) had a history of prostitution. Of those girls, ninety-eight per- 62 perience with abuse, a parent who drugs, or abuses homelessness. or is addicted to \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 8 26-FEB-14 8:32 souri told the police that she had run away from her grandpar- child needs such as food, shelter, or clothing. For example, a fourteen-year old girl enslaved at a Holiday Inn in Joplin, Mis- of being trafficked. less youth). 34502-nyi_46-1 Sheet No. 33 Side B 02/26/2014 09:18:43 02/26/2014 B 33 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 34 Side A 02/26/2014 09:18:43 63 , 46 The (Jan. 4, 25 IMPS P OICE V Homeless and run- ILLAGE 23 V HE T , 26 (Jan. 9, 2013), http://villagevoicepimp note 3, at 18, 31 (describing how these Trafficking, Prostitution, and Inequality IMPS P supra note 3, at 31 (discussing the mental vulnerabil- IN GOOD COMPANY ., OICE 271 (2011). supra . V ., EV The police also discovered that the girl was 22 Case # 207–Online Prostitution Stings in Joplin Turning Up ILLAGE MITH ET AL S V HE See MITH ET AL T S Consequently, traffickers target locations that they , See Alleged Sex Trafficking at Amherst Inn Id. 24 A child’s youth, homelessness, or state of mental and Furthermore, mental or behavioral disorders can also . C.R.- C.L. L. R 22. Jeff Lehr, 25. 26. 23. 24. Of the 1.6 to 2.8 million children that run away from home each at 18. For a discussion of how inequalities factor into vulnerability see ARV mental health of children trafficked in the sex industry is very complicated; many suffer from low self-esteem, physical emotional and abuse, and addiction. Traffickers choose children with mental and behavioral disorders or problems with addic- tion in order to manipulate the They also children encourage with the use greater of drugs ease. and alcohol to impair further children. For instance, a seventeen-year old child trafficking sex victim told authorities that her trafficker gave her free cocaine to prostitute herself. from a different state and had run away several because times before she lacked a stable home life. emotional health influences her ability to access support tems. sys- Absent sufficient support, a child is almost defenseless away children are already vulnerable and depend on others to provide them with basic needs. Thus, their lack of support and homelessness make it much easier them. for traffickers to exploit Runaways H 2013] ents’ house and that her trafficker transportation. had offered to give her \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 9 26-FEB-14 8:32 32% of youth who had been victimized . . .perpetrator.” adult [an] by solicited and out sought been had they that cated [most of those children] indi- Id. children are manipulated into thinking they are in loving relationships with their buyers, many of whom are adult perpetrators). “A and survey homeless of youth runaway in Salt Lake City in February 2008 found that of the know runaway youth will homes, and be, public transportation. such as malls, parks, shelter contribute to a child’s chances of being trafficked. ities of children trafficked in the sex industry). generally, Catherine McKinnon, 2013), http://villagevoicepimp.com/alleged-sex-trafficking-amherst-inn-0. .com/case-207-online-prostitution-stings-joplin-turning-runaways. year, many are coerced and manipulated by adults who are not traffickers to secure sex. 34502-nyi_46-1 Sheet No. 34 Side A 02/26/2014 09:18:43 02/26/2014 A 34 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 34 Side B 02/26/2014 09:18:43 OICE V One 27 For ex- [Vol. 46:55 Alterna- 29 ILLAGE 31 V HE T , According to the 30 . AND POLITICS 32 note 3, at 31 (discussing how children from note 3, at 20. supra ., supra INTERNATIONAL LAW Consider the implications of such a rate of 33 Traffickers will often invest a vast amount of effort MITH ET AL S 28 See Id. Id. Id. Id. Lauderhill Man Convicted of Pimping Young Girls The fate of sexually exploited children is grim. Children (Dec. 14, 2012), http://villagevoicepimp.com/lauderhill-man-con 27. 31. 32. 33. Smith et al., 28. 29. 30. IMPS trial evidence, the girls gave him the exchange money for they promises earned in of love and “protection.” common and effective manipulative tactic traffickers can use to attract a young child is to “secure caring a relationship seemingly with loving the and youth to establish trust and giance.” alle- ample, a Florida man was able to persuade three girls ranging from twelve to fourteen years old to prostitute themselves and to give him all the proceeds they earned. tively, a trafficker can use threats and humiliation to push chil- dren to prostitution. For instance, a twelve-year old girl earn- her of all him give to her required trafficker her that testi- fied ings, and when she herself, “he beat her and attempted stripped off her clothes in front of to a keep hotel room twenty full of people.” dollars for become ill due to sexually transmitted diseases and malnour- ishment. Trafficked children are treated as disposable ucts prod- that are expected to produce a profit According for to SHI, the “[c]hildren exploited trafficker. through prostitution report [that] they are typically ficker/pimp of 10 to 15 buyers given per night, though some service a quota by providers their report girls having been sold to as many as 45 buyers traf- in a night at demand times, such as convention.” during a sport event or abuse: if a girl is sold for sex up nights to per five week, times for an per average night, of five five years, she may be vio- are beaten and humiliated. Sexually exploited children often P 64 against the trafficker’s techniques of manipulation. to establish this foundational relationship so that will be more the psychologically bound victim to them and remain loyal when the relationship deteriorates to exploitation. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 10 26-FEB-14 8:32 victed-pimping-young-girls. dysfunctional families are especially vulnerable) 34502-nyi_46-1 Sheet No. 34 Side B 02/26/2014 09:18:43 02/26/2014 B 34 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 35 Side A 02/26/2014 09:18:43 . 65 EN ex- ARIQ ’ K ; T CIENCE OF IMPIN S (2007) ( ; P WEET AME The Pimp Game S G IBLE OR THE AWS OF THE B S ’ teaching men how to be “players”) IMP 48 L To the extent these character- these extent the To P HE 36 HE : T , T , (2000) ( IN GOOD COMPANY note 3, at 25. ACKIN HOLSON IMPOLOGY note 1, at 15. G M supra , P Moreover, victims often fail to seek help for ., 35 supra For example, one excerpt from LFRED RT OF , A UNTER A 37 (stating that most of the victims that the author met in the , describing the world of pimps and prostitutes) ARA H HE K Sometimes, their families shun them and they often , T MITH ET AL AREN See id. S See, e.g. See, See 34 There are several books written by traffickers and pimps According to SHI, traffickers or pimps have psychopathic Even for those children who are fortunate enough to es- Characteristics Shared by Traffickers and Tricks of the Trade K (2001) ( 36. 35. 37. 34. ASHEED IN WITH istics of traffickers are accurate on average, it difficult for a would vulnerable child be to identify potential very risks or es- cape the coercive nature of their pimp or trafficker once en- snared. as instructional guides to aspiring pimps that demonstrate the coercive nature and mindset of a trafficker during their course of business. employment or any form of self-sufficiency upon departure from ters, which the invariably resulted shel- in limiting their duration of residence due to resource shortages”). behavior, and irresponsibility. and behavior, victim shelters “had been shunned by families, and had little prospects for their victimization, because they are afraid abused, of afraid of being stigmatization, further or simply afraid no believe one them. will 2. behavioral indicators, which include superficial charm, patho- logical lying, grandiose sense of self-worth, callousness, lack of remorse or guilt, lack of long-term goals, promiscuous sexual S N AIDS. 2013] lated 6,000 times over the course of her enslavement. Traffick- ers pay little, if any, regard for children they prostitute the because there is a health ready supply of vul- or welfare of the nerable youth for traffickers to turn to the sex trade. cape the sex trade, the effects of the experience with them can indefinitely. Survivors remain will often suffer drug and al- cohol addictions, mental illness, and health problems, such as \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 11 26-FEB-14 8:32 have little prospects for regular employment or self-sufficiency. any form of plaining the unwritten rules to follow in order to be a pimp) 34502-nyi_46-1 Sheet No. 35 Side A 02/26/2014 09:18:43 02/26/2014 A 35 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 35 Side B 02/26/2014 09:18:43 64–65 [Vol. 46:55 UIDE G NSTRUCTIONAL I N AND POLITICS : A AME G IMP P note 3, at 23. HE , T supra Moreover, these manifestos demonstrate the ., INTERNATIONAL LAW 39 OYAL R 38 ICKEY MITH ET AL M S The language used by this author “recaptures the raw sex. She’ll start to crave the intimacy and be will- ing to get back into your good graces. After you have broken her spirit, she has no sense of self-value. Now pimp, put a price tag on the item you have manufac- tured. You’ll start to dress her, think for her, own her. . . If you and your victim are sexually active, then slow down. it . . After sex, take her shopping for one Hair item. and/or nails are fine. She will develop a feeling of accomplishment. The shopping after a month will be replaced with cash. The love making turns into Child sex trafficking is a low-risk business because traffick- 38. 39. 1998). these children are simply a supply for their business or prop- ( debilitating psychological and physical manipulation used by slave masters.” 66 demonstrates the manipulation that a trafficker uses to groom children for sex work: \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 12 26-FEB-14 8:32 of organizations committed to end child prostitution, pornog- raphy, and trafficking, hotels are the primary mercial sexual exploitation of children, “accounting for scene 93.3% of com- ing them, especially without an increased risk of detection and prosecution. ers have developed effective techniques for forcement. evading First, traffickers law are en- transient and remain move on to the avoid detection. Traffickers will not stay place in for any any sustained amount one of time. Accordingly, traffick- ers and their child sex workers often stay in hotels and motels. According to a comprehensive surveys report on child based sex tourism on by the worldwide Campaign Prostitution, Child to Pornography, End and Trafficking Child of Children for Sexual Purposes (ECPAT) International, a global network trafficker’s view of child sex trafficking as just deavor with a no emotional regard for business the children or victims— en- erty. Accordingly, traffickers are not likely to refrain from traf- ficking vulnerable children simply to avoid violating and hurt- 34502-nyi_46-1 Sheet No. 35 Side B 02/26/2014 09:18:43 02/26/2014 B 35 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 36 Side A 02/26/2014 09:18:43 , 67 EC- 41 ASE See, S C ATIONAL at http:/ EPORT TO N RIVATE R P HE UTREACH 13 (2001). note 30 (noting : T O available , OTEL supra HILDREN , ONGRESS C C 33 (2010) XLVI H NVOLVEMENT OF THE I EPORT TO REVENTION UPERBOWL P XPLOITATION OF S , A R OLE AND E R HE http://ecpatusa.org/wp/wp-content/uploads/ IN GOOD COMPANY Super Bowl a Magnet for Under-age Sex Trade note 3, at 22. USTICE EXUAL , T J S XPLOITATION NDIANAPOLIS supra I T OF ECHT E 45 As a result, “[t]he transient nature of the traf- ’ ., 40 H EP available at , HILD RIK C OMMERCIAL E describing the transitory nature of sex trafficking revolving The traffickers go to local hotels, sell the girls C OR U.S. D at 16. Feb. 2, 2011, 2:55 PM), http://www.reuters.com/article/2011/ ] ( These large events allow traffickers to conveniently ARK F 43 Then, along with thousands of other tourists leaving MITH ET AL ( M S Id. See 42 2 (2011) 44 While traffickers will not remain in any one place for Lauderhill Man Convicted of Pimping Young Girls 41. 42. 40. 44. ECPAT USA, 45. 43. Mickey Goodman, , ONGRESS EUTERS TUDY TRATEGY TOR IN THE that the pimp would make his victims engage in sexual activities with custom- with activities sexual in engage victims his make would pimp the that ers at hotels). tions. Annual festivals and sporting championships are particu- are championships sporting and festivals Annual tions. chil- trafficked in trading merchants for markets attractive larly dren. long, traffickers will frequent places with population a and revolving cities with tourist large sporting events and conven- S S C R 2013] of incidences.” \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 13 26-FEB-14 8:32 around major events). through online ads, and never leave the hotel properties days. for for home following the event, they move on to inconspicuously. the next city and easily get their products to market and make a profit in a short period of time before moving on to the next event. Fur- thermore, the large influx of tourists that attend these events, allows traffickers to hide among the only crowds. anticipate an increased Traffickers demand, but also not can expect less risk of being caught by law larger enforcement because population there to is oversee. a For Bowl—the these largest sporting reasons, event the in Super the “one U.S.—is of considered the States.” biggest sex trafficking events in the United ficking markets keeps traffickers/pimps below most law the enforcement as they radar move their victims of from city to city evading detection and preventing the girls from becoming identified minors to law enforcement or service providers.” 02/02/us-nfl-superbowl-sex-idUSTRE71183220110202. e.g. 2013/08/ecpat_superbowl_documented_press_1.pdf. /www.justice.gov/psc/docs/natstrategyreport.pdf [hereinafter 34502-nyi_46-1 Sheet No. 36 Side A 02/26/2014 09:18:43 02/26/2014 A 36 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 36 Side B 02/26/2014 09:18:43 Even if [Vol. 46:55 It is diffi- is It 49 Moreover, 51 53 AND POLITICS note 45, at 34 (discussing how pimps Furthermore, traffickers and 48 46 , supra Consequently, while the victim’s testi- note 3, at 26. 52 ONGRESS supra C ., INTERNATIONAL LAW EPORT TO at 23. at 34–35. at 35. at 34. R at 23–24. For example, an area known for prostitution is a “cir- MITH ET AL The transient nature of trafficking makes it difficult for S Id. Id. Id. Id. Id. Id. Id. See 54 47 Because traffickers and pimps usually evade detection and In addition to its transient nature, the business of traffick- 50 50. 51. 52. 47. 46. 53. 48. 54. 49. traffickers are arrested, “they often serve a minimum amount of time in prison or have their cases reduced to ors.” misdemean- thermore, when police arrest children for rarely prostitution, identify their trafficker they or testify against them “because [they have] become dependent on the trafficker or [they are] fearful of retaliation.” cult for law enforcement to effectively trafficker will take the child next and equally difficult anticipate to deter- where the mine where the trafficker has been to collect evidence. Fur- avoid prosecution). mony or cooperation is not necessary to convict the case a against them trafficker, is much weaker without it. even if the trafficker is function and children continue to arrested, be exploited because other the business continues pimps to or traffickers will often maintain the arrestee’s tions. opera- guage and vocabulary that can be tions. used to facilitate transac- others in the child sex industry have developed their own lan- arrest, they also avoid prosecution and punishment. ing is an environment of sophisticated rules and organization that facilitates effective communication that enables the trade to evade law enforcement. These used among those rules in the business to effectively “communicate are established and with one another and warn each other of places to avoid due to high police presence.” 68 \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 14 26-FEB-14 8:32 cuit” or “track,” and the “kiddie stroll” is an area of the track featuring kids under sixteen. them. against case solid a build to enforcement law 34502-nyi_46-1 Sheet No. 36 Side B 02/26/2014 09:18:43 02/26/2014 B 36 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 37 Side A 02/26/2014 09:18:43 , 69 XAMINA- E ETHERLANDS N Regrettably, This means For example, “Additionally, 58 THE 60 , 56 57 OMPARATIVE APAN , J http://www.sharedhope.org/ Clearly, there could be no AMAICA J 59 , DEMAND: A C L ’ Demand available at NT I B. OPE IN GOOD COMPANY RAFFICKING IN note 3, at 16. note 3, at 27. note 3, at 27. H T 93 (2008), note 1, at 33 (discussing the demand for sex slaves). supra supra supra HARED ., ., ., S TATES supra S , OURISM AND . ARA T While taxi drivers, hotel workers, airline employees NITED K see also ; EX 55 MITH ET AL MITH ET AL MITH ET AL U S S S S Id. Id. See Where the vulnerability of children and the sophistication By hiding behind legitimate businesses, minor sex traffick- sex minor businesses, legitimate behind hiding By 56. 57. 59. 58. 55. 60. in part by access and opportunity. and access by part in there is no indication that these facilitators are held accounta- ble for their parts in trafficking minors. of traffickers continue to contribute to the supply of children for sexual exploitation, the demand for child sex is facilitated TION OF sex trafficking industry without the buyer and the buyer’s de- mand for child sex. Whether the buyer purchases sex from a child for entertainment, violence, sexual desires, or other pur- poses, they ultimately increase the sale of children for sex by simply demanding it. “In a sexually charged society that both encourages promiscuity and covets the innocence of youth, it follows that the demand for young victims will rise to meet the cultural glorification of underage sexuality.” that while it is estimated that less males than over only eighteen one years percent old of purchases commercial sex on “[t]axi drivers in Las Vegas receive commissions for bringing buyers to illegal suburban house there are institutional brothels.” facilitators”, such as motels, that enable the operations of traffickers to receive a profit. ing becomes more complex and less more visible, difficult for law enforcement to protect which against child sex makes it trafficking. Unfortunately, facilitators or accomplices to fickers traf- also avoid crimes. direct responsibility for sex trafficking AND THE 2013] \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 15 26-FEB-14 8:32 from and make possible child sex trafficking. and owners of adult entertainment venues create from a the distance immediate criminal activity, they often still profit Portals/0/Documents/DEMAND.pdf (describing facilitators of commercial sex markets) 34502-nyi_46-1 Sheet No. 37 Side A 02/26/2014 09:18:43 02/26/2014 A 37 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 37 Side B 02/26/2014 09:18:43 OPE 2008) ROSTI- H LLIANCE P EN WHO [Vol. 46:55 56 ( A M HARED Some buy- . TAH , S Particularly, 66 , U HICAGO HICAGO 63 EMAND FOR NOW ITY S C D , C C AKE ELISSA Similar to tactics used L M OSWAMI 65 ALT G AND POLITICS : S see also NTERVIEWS WITH AMIR I ECONSTRUCTING THE & S , D RAFFICKING T showing a majority of Chicago men who pur- note 3, at 17. note 3, at 18; EX S NSIGHTS FROM URCHSLAG supra I supra note 1, at 33. ., INTERNATIONAL LAW INOR D ., XPLOITATION M E Part of the appeal in purchasing sex for the 15 (2008) ( The diversity of buyers is what allows them to supra 64 ACHEL , EX R 62 61 at 17–18. EXUAL RELIMINARY S ARA MITH ET AL MITH ET AL OMESTIC S S K S Id. Id. Id. See : P However, similar to traffickers, the risk of a buyer being Buyers will try to justify their purchase by arguing that the Buyers of child sex are very diverse: they can be anyone, , D L ’ 67 63. 64. 67. 61. 62. 66. 65. GAINST URCHASE NT by traffickers, these men actively seek the company of children young by searching for vulnerable children. exchange helps the victim by providing income. purchase child sex because they were presented with the op- portunity. These buyers may simply not care the or prostitute is ask a child. whether For example, tourists visiting an area where a large event is taking place, such may simply be presented as with the option to purchase sex from the Super Bowl, a child. This exploitation can go relatively unnoticed by those around them. Another type of buyer is a systematic abuser of children or pedophile. an opportunistic thrill seeker, such as a buyers can often be merely situational buyers, thrill seekers, or they can be systematic abusers. Situational buyers only TUTION ers even argue that children sell sex because they choose to do so. including teachers, fathers, students, military, or even a family member. buyer is the fact that the victim is homeless a youth shelter in child. Salt Lake City, girls For report receiving instance, at a regular solicitations by men at least twenty years their simply senior because they were underage. I A P chased sex consider prostitution equivalent to any other job) 70 any given day, their purchase still promotes the sex trafficking industry. blend in and makes them difficult to identify. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 16 26-FEB-14 8:32 caught and prosecuted is low. Even if they are arrested, buyers of child sex usually receive inconsequential penalties, if they (discussing reports of statutory rape by significantly older men). 34502-nyi_46-1 Sheet No. 37 Side B 02/26/2014 09:18:43 02/26/2014 B 37 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 38 Side A 02/26/2014 09:18:43 71 For in- 69 note 24 (describing 24 note Lauderhill Man Convicted supra , For instance, traffick- Essentially the only sig- 74 75 note 45, at 34. Thus, traffickers are incentivized to , supra IN GOOD COMPANY 72 In fact, the child victim is much more note 3, at 20. While some buyers are more conspicu- 68 70 note 1, at 214 (outlining the profit margins for traf- note 4 (discussing the large return on investment for supra ONGRESS note 1, at 34. ., 71 C supra note 1, at 25, 33–37 (discussing the minimal effort supra supra , , Alleged Sex Trafficking at Amherst Inn Amherst at Trafficking Sex Alleged As a result, traffickers incur very little cost for , supra 73 ARA , ARA K Taking Stock in the Business of Child Sex Trafficking K Kara, ARA EPORT TO MITH ET AL Id. K S R See See, e.g. See, See See Child sex trafficking has a simple cyclical formula: in- Similar to any legitimate business, the quickest and most C. 70. 71. 75. 69. 72. 68. 73. 74. stance, “a 2005 study for Congress showed that in Boston, 11 female prostitutes (adult and child) male were client arrested arrest.” for each and costs associated with maintaining sex slaves). a seventeen year old girl who was paid in cocaine); creased demand for child sex increases profits for traffickers, which in turn incentivizes traffickers to supply the increasing demand with more child sex workers. Moreover, if there more child sex are workers, the trafficker can charge less for each child. Consequently, when the costs for children are cheaper, buyers are better able to purchase child sex because the “prod- uct” is cheaper. ous when they actively seek out sex with minors, overall buyers are still often difficult to identify. ers avoid paying the costs of labor, such incurred as minimum by wages, legitimate businesses. In fact, traffickers children pay very little, if the anything at all. efficient way to increase net profits in the child sex industry is to maintain low costs. minimum. maintaining the children that they traffic because they rarely pay for anything more than the child’s most basic needs, such as food and clothes, which are often poor quality at best. One large reason trafficking children for sex is so profitable is that there are very little operational costs. coerce more children into the business and keep costs to a 2013] are penalized at all. likely to be arrested and prosecuted than the buyer. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 17 26-FEB-14 8:32 traffickers). fickers). 34502-nyi_46-1 Sheet No. 38 Side A 02/26/2014 09:18:43 02/26/2014 A 38 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 38 Side B 02/26/2014 09:18:43 77 The 80 at tbl.B19, [Vol. 46:55 id. , See, e.g. More specifically, the aver- AND POLITICS 78 note 45, at 32. note 1, at 202–03 (“The only associated cost Consequently, these traffickers can note 28 (explaining how teenage girls ranging , supra 79 supra , supra , ARA ONGRESS note 1, at 214 (Although Kara’s statistics include adult INTERNATIONAL LAW K note 4. C However, the movement and accommodation of supra supra 76 , ARA EPORT TO K R Id. See generally For their businesses to remain profitable, sex traffickers With such low costs, the return on investment for a traf- 77. Kara, 78. 79. 76. 80. age price per sex act was $30, whereas the average operating expenses were roughly $9.03 and the average cost caught of getting was only $0.53. numbers alone demonstrate why there is an immense demand among traffickers to reproduce these high profits. must move children to places where buyers are more likely to purchase them. This means, to efficiently sell children in the sex trafficking industry, traffickers also frequently encounter hospitality workers, hotel workers, and other employees on a regular basis. Without a strong stance against sex trafficking or the awareness to recognize the problem, these employees new people. ficker is staggering, with just under a 70% net profit margin. generate several thousand dollars a night, as make each child over can a thousand dollars on a weekend night. trafficked children is often inexpensive, easy, and undetected. The traffickers keep them in hotels or rented houses to make it more convenient for the children to complete numerous sex acts with several clients. Moreover, the traffickers often work in an insular network, in which they are capable of negotiating low accommodation rates and remaining inconspicuous to of exploiting the product is to move it from its place of origin to the place of exploitation, where the consumer can consume it.”). tbl.B20. of Pimping Young Girls According to Siddharth Kara, an expert on sex trafficking and advisor to the United Nations on anti-trafficking research, in 2010 the average net profit America per was trafficking $130,000, victim whereas in the North worker average was roughly only cost $1,900. of the sex 72 nificant costs of exploitation are the cost of and travel. accommodation \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 18 26-FEB-14 8:32 from twelve to fourteen years old were trafficked in exchange for protection and promises of love). victims of sex trafficking, they still demonstrate the high with profits sex associated trafficking.). 34502-nyi_46-1 Sheet No. 38 Side B 02/26/2014 09:18:43 02/26/2014 B 38 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 39 Side A 02/26/2014 09:18:43 73 In 82 NFORCEMENT E AW L IN GOOD COMPANY ROBLEMS OF P HE Generally, if hospitality workers, hotel work- note 1, at 201. 81 supra II. T , at 37. ARA K Id. A review of the profits of sex trafficking and the lack of The trafficking industry continues to thrive in the United 81. 82. guests—maybe potential buyers of child sex—about the poor quality of life child sex victims endure. The private sector can also educate their customers about the penalties that buyers of child sex could face. Moreover, if buyers were aware of the fact that the hotel they were staying at was on alert and looking for signs of child exploitation, they may be even less purchase inclined child sex. to cally, these workers may be able to simply refuse to accommo- date the traffickers. They also may be able to identify the traf- fickers and report the problem to law enforcement, creating even more costs for the traffickers. awareness regarding the risks and detrimental conditions child sex work reveals that hotels and other tourism businesses of in the private sector can effectively help decrease the demand for child sex shines by a light creating on the problem awareness. of child increases sex Increasing trafficking, the which likelihood awareness of detection and educates the buyers abuse and to maltreatment suffered by children exploited in the trafficking industry. Hotels can preemptively educate their ers, and other employees are aware of the child sex trafficking problem and know how to report it, they may be able to effec- tively disrupt the business making it less profitable. Specifi- an effort to protect the victims of human trafficking, in Octo- ber 2000, Congress made United human States when trafficking it passed illegal the Trafficking in Victims Protec- the bating trafficking, law-enforcement, and media attention. States despite federal and state laws, policies, coalitions com- 2013] often fail to report the problem when they see it. Arguably, an of incentives the and profits the cut collectively to way effective child trafficking is to create unified efforts, resources, and in- fluence to make the costs of operating a sex trafficking opera- tion increase. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 19 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 39 Side A 02/26/2014 09:18:43 02/26/2014 A 39 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 39 Side B 02/26/2014 09:18:43 8 ., , U.S. , [Vol. 46:55 MITH ET AL S note 84, at 581. § 2251 (providing the 22 U.S.C. § 7106(a)(2) id. supra see also 577, 581 (2011) (internal quota- AND POLITICS . Fact Sheet: Human Trafficking Pierce, http://www.acf.hhs.gov/trafficking/ UST 8; ., note 3, at 5 (stating, “a child under 18 & J ERVS ACE supra S Prosecutors need only demonstrate 98, 104 (2008); Social Responsibility and Innovation on Trafficking R ., 22 U.S.C. § 7102(9) (providing the definition of . note 7, at 87 ES UMAN The TVPA carries heavy penalties for the R Generally, the definition of sex trafficking , Turning a Blind Eye: U.S. Corporate Involvement in Mod- in Involvement Corporate U.S. Eye: Blind a Turning , ENDER supra see also 85 83 , Moreover, because children under eighteen INTERNATIONAL LAW J. G & H MITH ET AL 84 S TATE , 14 S OSPITALITY C. Pierce C. EALTH 18 U.S.C. § 1591 (2012) (providing the punishment for sex traf- The TVPA has eliminated “the element of transporta- T OF H ’ & H ARAH 86 S See EP note 3, at 14 tbl.2 (The penalties for the sex trafficking of children D T OF ’ 83. Trafficking Victims Protection Act of 2000, Pub. L. No. 106–386, 114 84. 87. Trafficking Victims Protection Reauthorization Act of 2003, Pub. L. 85. Camelia M. Tepelus, 86. EP OURISM (stating that where sex trafficking involves meaningful “a consent,” child punishment is should incapable be “commensurate of with giving that grave for crimes”); T D that the crime affects interstate commerce or foreign com- trafficking of child victims, including life imprisonment if the trafficking is accompanied by kidnapping or aggravated sexual abuse. under TVPA includes “the recruitment, harboring, transporta- tion, provision, or obtaining of a person for the purpose of a commercial sex act, in which fraud or traffickers coercion, or induce in the which the act years victim of by is age.” under eighteen purpose of exploitation is a form of trafficking the regardless means used.” of years old cannot give valid consent, “any portation, recruitment, transfer, trans- harboring, or receipt of children for the Stat. 1464 (codified as amended 22 U.S.C. §§ 7101–7112 (2008)) [hereinaf- ter TVPA]. supra ranges from a minimum of 10 years to a sentence of death if the victim dies in the course of the crime.). No. 108-193, § 5(a), 177 1591 of title Stat. 18, United States Code, is 2875 amended—. . .(3) [hereinafter in subsection (b), TVPRA by 2003] striking ‘the person transported’ each (“Section place it appears and inserting ‘the person recruited, enticed, harbored, transported, provided, or obtained.’”); U.S. severe forms of trafficking in persons); 74 tion Act (TVPA). \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 20 26-FEB-14 8:32 tion from the crime.” ern Day Slavery tion marks omitted); about/fact_human.html (last visited Dec. 13, 2012) (providing tion the of sex defini- trafficking under the TVPA). and Child Sex Tourism: Morphing of Practice into Sustainable Tourism Policies? years of age is automatically considered a victim of ‘severe forms of traffick- ing’ due to age alone”). ficking of children or by force, fraud, or coercion); punishment for the offense of sexual exploitation of children); 34502-nyi_46-1 Sheet No. 39 Side B 02/26/2014 09:18:43 02/26/2014 B 39 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 40 Side A 02/26/2014 09:18:43 93 75 HEET The OLARIS S P 89 ACT Notably, 91 note 89. More specifi- supra 92 This means that , For instance, the 88 (TVPA) – F 90 CT note 89 (stating that the ROJECT P A supra , OLARIS P ROTECTION ROJECT note 89. ’ P P IN GOOD COMPANY supra , ICTIMS OLARIS V P note 3, at 5. ROJECT P supra ., RAFFICKING TVPRA 2003 (describing the enhancements of the protection for OLARIS P , T See Since 2000, the TVPA has been reauthorized three times 88. 18 U.S.C. § 1591(a) (explaining that anyone who knowingly affects 93. 18 U.S.C. § 1595(a) (2012) (“An individual who is a victim of a viola- 90. 89. TVPRA 2003; Trafficking Victims Protection Reauthorization Act of 92. 18 U.S.C. § 1583(a) (2012) (Section 1583 protects against entice- 91. TVPRA 2003 (providing for the “termination of certain grants, con- ROJECT MITH ET AL and enhances victim services provisions. under the federal anti-trafficking law, prosecutors can convict a trafficker without even be can child or adult an TVPA, the under Thus, place. to place physically moving a person a victim of from trafficking while remaining in one area. to extend greater protections for U.S. citizen reauthorization victims. provides for new human trafficking crimes the 2008 reauthorization expands criminal and civil liability to those that have benefited financially from human trafficking crimes, including obstruction or conspiracy. cally, this includes the victims’s right to sue their traffickers. 2003 reauthorization requires that the U.S. government termi- nate contracts with foreign contractors who are known to en- gage in commercial sex trafficking or forced labor. interstate or foreign commerce by engaging a person under eighteen years in a commercial sex act shall be punished for the trafficking of a child); P (2008), http://www.polarisproject.org/resources/resources-by-topic/anti- trafficking-efforts (describing the enhancements for the protection for traf- ficking victims). trafficking victims); S 2013] merce to convict traffickers under TVPA. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 21 26-FEB-14 8:32 tion may bring a civil action against the perpetrator (or whoever knowingly benefits, financially or by receiving anything of value from participation in a act an in engaged has known have should or knew person that which venture in violation of this chapter)”); TVPRA 2003. 2005, Pub. L. No. 109-164, 119 Stat. 3558 (2006) [hereinafter TVPRA 2005]; Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. No. 110- 457, 122 Stat. 5044 [hereinafter TVPRA 2008]; Trafficking Victims tion Protec- Reauthorization Act of 2013, H.R. 898, 113th Cong. (2013); ment into slavery and provides that whoever “obstructs, or struct, attempts or in to any way ob- interferes with or prevents the enforcement of this sec- tion, shall be fined under this title, imprisoned not more than 20 years, both.”); or reauthorizations included greater protection for victims who zens, are U.S. enacted citi- new trafficking crimes and enhanced sions). victims services provi- tracts and cooperative agreements”); 34502-nyi_46-1 Sheet No. 40 Side A 02/26/2014 09:18:43 02/26/2014 A 40 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 40 Side B 02/26/2014 09:18:43 [Vol. 46:55 The key findings 97 Each location produced 96 AND POLITICS note 3, at v. Failures of Law Enforcement supra A. ., INTERNATIONAL LAW This misidentification problem becomes even (finding that a system wide lack of training causes the misiden- 98 at iv. at v. In an attempt to gain a comprehensive understanding MITH ET AL The joint project conducted 297 interviews with profes- S Id. Id. Id. See id. 95 Research conducted by SHI and the U.S. Department of Unfortunately, despite Congress’s efforts to combat child Failure to Identify Child Sex Trafficking Victims 94 95. 94. 96. 97. 98. more compounded for those children suffering from mental the crime. strongly indicated a lack of awareness among the professional groups, including the first responder law enforcement agents, which led to misidentification of child sex trafficking victims and a lack of coordination that led to a failure to prosecute information that was area-specific, including information on the scope of the problem, and sessed” or how “labeled” victims by were law enforcement. being “as- 76 \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 22 26-FEB-14 8:32 of the local situation, SHI in cooperation with the U.S. Depart- ment of Justice human trafficking task forces conducted their research in ten U.S. Antonio, TX, Fort Worth, locations, TX, Las Vegas, including NV, Salt Lake Dallas, City, UT, Buffalo, N.Y., TX, Baton Rouge, LA, San New Orleans, LA, Inde- pendence, MO, and Clearwater, FL. 1. Justice on the commercial exploitation of American children in the United States found a glaring lack of train- for need the highlighted and victims trafficking sex child identification of ing. sional groups that were likely to come into contact with victims of child sex trafficking including federal, state, and local enforcement, law prosecuting attorneys, juvenile court employees, public defenders, social services, vices. and child protective ser- sex trafficking, inadequacies in law enforcement ered are one of consid- the biggest barriers to eliminating child exploita- tion. Among the central shortcomings in law enforcement ef- forts is the failure to identify trafficking victims, the failure to coordinate interventions across enforcement authorities, and the failure to investigate traffickers. tification, arrest, and mislabeling of victims). 34502-nyi_46-1 Sheet No. 40 Side B 02/26/2014 09:18:43 02/26/2014 B 40 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 41 Side A 02/26/2014 09:18:43 77 . 100 IN GOOD COMPANY With so little awareness of the problem, chil- 99 at 20 (describing how police arrested a twelve year old girl for at 6. Id. See id. Despite being too young to consent to the sex acts they Without the awareness or training regarding the nature of nature the regarding training or awareness the Without familiar with the TVPA and its subsequent only two reauthorizations, professionals and of 25 interviewees were aware that an trafficking law anti- had been added to the Louisiana Criminal Code in 2005. In Atlanta, six roundtables organized cluding for superior professionals, court in- judges, revealed that knew not that there a was a human single trafficking law person that existed. For example, only three of likely 25 to interviewees come in from contact with 17 domestic professions minor sex tims trafficking or vic- at-risk youth in the Baton Rouge/New Orleans area were at 62. 99. 100. dren as young as eleven years old are more likely to be prose- from protected than enforcement law by prostitution for cuted their traffickers or buyers. are being paid for, many of the child victims are arrested be- cause law enforcement cannot recognize them child as sex victims trafficking. There of are a number of reasons law en- Id. tion; in 20 months, 226 juveniles from across the country were adjudicated.” these problems surrounding child sex trafficking, law enforce- ment may not even know that the larger crime of human traf- ficking is being committed. Further tion, law complicating enforcement and others, the such as hospitality situa- industry employees, that may be in a position to disrupt transactions or otherwise intervene to prevent crime needed training to are identify a situation of not sex trafficking as de- receiving the fined by the TVPA. Instead, cases of child sex often trafficking mislabeled are as prostitution of a minor in which enforcement officer the applies traditional law pimping laws to arrest the minor instead of the buyer or trafficker. For instance, Las in Vegas, NV, “an entire court docket is scheduled each one week to hear day the cases of juveniles charged with prostitu- 2013] illness, behavioral disorders or substance abuse. Children with mental and behavior disorders or substance abuse issues can seem less credible or less trustworthy to law enforcement, in- creasing the likelihood of being misidentified as a delinquent. Therefore, this mental and behavioral illness can often create a large hurdle for these children to get away from ficker and their receive traf- the protection they need. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 23 26-FEB-14 8:32 prostitution, but let the buyer go) 34502-nyi_46-1 Sheet No. 41 Side A 02/26/2014 09:18:43 02/26/2014 A 41 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 41 Side B 02/26/2014 09:18:43 [Vol. 46:55 Therefore, 103 note 24 (“The [victim] Moreover, verification 102 AND POLITICS When she was ultimately found, 101 note 3, at 22. supra ., note 22. INTERNATIONAL LAW supra MITH ET AL See Alleged Sex Trafficking at Amherst Inn, supra S Another reason law enforcement fails to identify a victim 101. Lehr, 102. 103. the girl told authorities that her trafficker had told her to go by another name to avoid detection. of a minor’s age can be spread use of fraudulent identification provided to the further girls by complicated by the the traffickers to establish their age as an adult.” “wide- without proper identification, law enforcement and services juvenile fail to identify and prosecute traffickers because the teen told authorities that at the residence, Willis and St. Denis both tried to convince her to prostitute herself name.”). and Willis told her to go by another chological abuse inflicted by their trafficker. children have no Many identification to confirm of their minor status. these Some children are runaways and never obtained any identifi- cation, or traffickers often get rid of the identification of the children to better manipulate them. For instance, after local Joplin, Missouri authorities failed to locate a missing teenage to police Missouri Springfield, neighboring the asked they girl, help them locate the girl. seem much more similar to solicitation. Then, based similarities, on the law enforcement officers and usually apply arrest the children for their “crime” instead of rec- solicitation laws ognizing them as victims signed and to protect them. This applying misunderstanding regarding the trafficking laws definition of human trafficking is de- one of the main reasons law enforcement across the country fail to identify and arrest traf- fickers rather than the victims. of child sex trafficking is because the child does not hold her- self out as a child, rather, a adult. child Trafficked may children will present often deny herself being as a minor an or a psy- and physical potential the of afraid are they because victim 78 forcement officers cannot adequately identify child victims of mistak- and law the misunderstanding however, trafficking, sex ing children for adults are central reasons. Either law enforce- ment is entirely unaware of the TVPA or they mistakenly lieve transportation be- is required to charge a person with child sex trafficking under the statute. Consequently, when a law of- ficer catches the child in a sex act on the street or room, in a hotel they are not being “transported”, and their sex acts \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 24 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 41 Side B 02/26/2014 09:18:43 02/26/2014 B 41 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 42 Side A 02/26/2014 09:18:43 79 at 41–45. Id. Whereas, the 105 note 3, at 13. supra ., MITH ET AL S ; 3 IN GOOD COMPANY 104 note 63, at supra , NOW S A lack of coordination among different law enforcement Finally, a large barrier to identifying child victims of the Failure to Coordinate 105. 104. Victims of child sex trafficking are not likely to identify themselves as cally abused by their trafficker for asking for help. As part of the trauma and manipulation inflicted by the trafficker, the victim suffers a loss of identity. Traffickers will create a false sense of perception choice that for they are the “choosing” child, to validating prostitute the themselves. To this reinforce view, traffickers usually give the children a with their own symbol. Additionally, traffickers often encourage cultural atti- new name or brand them tudes, which view prostituted children as delinquents. This serves to isolate them and make them believe that seeking help is “a waste of no time one because would believe them since they are ‘just prostitutes.’” “victims.” These children are often afraid of being physically and psychologi- inconsistencies between state and federal standards. law enforcement Even recognizes the if signs of child sex trafficking, the combination of each state’s law and federal laws create patchwork a that can be confusing to law enforcement. Without proper coordination, local law enforcement may elect to apply more familiar state laws—many of which carry smaller penal- ties than TVPA. For example, in Salt Lake City, using state ex- ploitation laws, the average sentence for traffickers convicted of child sex trafficking was just six months. at coffee shops and public libraries. will Additionally, often keep traffickers children hidden for several days raise so suspicion. as With to the not business transactions conducted co- vertly on the Internet or behind closed doors difficult in for law hotels, enforcement to it spot is these child victims. 2. agencies also contributes to the failure to prosecute traffickers under the TVPA. In those cases where sex crimes against chil- juris- between cooperation lines, jurisdictional across spill dren dictions is crucial. Yet, efforts trated to by coordinate conflicts are and confusion often where frus- there are perceived sex trafficking industry is the covert nature of sex trafficking. With the help of technology, such as the Internet, traffickers and buyers can easily conduct their business “off the and streets” in more discrete areas. For instance, traffickers often ad- vertise and sell children through Internet ads using computers 2013] child victims often pose as adults and simply do not admit to being victimized. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 25 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 42 Side A 02/26/2014 09:18:43 02/26/2014 A 42 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 42 Side B 02/26/2014 09:18:43 106 [Vol. 46:55 Consequently, 107 Law enforcement often Traditional investigation 111 AND POLITICS 108 note 3, at 22. supra ., INTERNATIONAL LAW Thus, traffickers are more capable of evading law However, “[t]raffickers/pimps with small and large at 21. at 29. at 21. 110 MITH ET AL 109 S Id. Id. Id. Id. The lack of innovative investigative methods and tools fur- Failure to Investigate 106.§U.S.C. 18 offense an for penalty the that (providing (2012) 1591(b) 107. 108. 109. 110. 111. state laws to sex trafficking crimes. 3. ther complicates efforts to combat crime. A patchwork of con- flict and confusion over legal standards greater has protection generated gaps for even children and ever more traffickers ways for to evade prosecution. the deterrence value of harsh penalties and the benefits that the TVPA provide are not fully deployed against traffickers be- cause state law enforcement commonly applies less stringent methods used to capture traffickers involve the use of under- cover law enforcement officers placed in known prostitution zones. uses an undercover officer acting as a prostitute to catch buy- ers in the act of solicitation. However, law enforcement cannot legally or ethically use a minor as bait for buyer. Thus, law en- forcement never actually catches the buyer soliciting sex from children with the traditional undercover method. “This per- involving a victim under fourteen years is not less than 15 years or for life, or an offense involving a victim who has attained the age of fourteen years but not yet eighteen years is a penalty of not less than ten years or for life). 80 TVPA’s penalty for child sex trafficking is at least ten years. Many law enforcement agencies report that due to knowledge a of lack the federal of law and lack of communication be- tween local and federal agencies, they have never pursued fed- eral charges in child sex trafficking cases. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 26 26-FEB-14 8:32 enforcement through cooperation with others in the network and avoiding the more obvious prostitution zones where enforcement law is likely located. Another challenge presented by traditional investigative methods and training is the “inability to legally place a minor as a decoy.” works.” operations are now accessing larger, more complex net- 34502-nyi_46-1 Sheet No. 42 Side B 02/26/2014 09:18:43 02/26/2014 B 42 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 43 Side A 02/26/2014 09:18:43 : 81 IGHTS , supra ATIONS R N UIDE NTERPRETIVE I G UMAN NITED H , U NDUSTRY ESPECT IGHTS I R NTERPRETIVE R I http://www.ohchr.org/Docu UMAN RIVATE H See also P Consequently, without the 114 The sexual exploitation of chil- R FOR available at ’ 112 ESPONSIBILITY TO The selling of child sex occurs on R 116 OMM 113 C IN GOOD COMPANY OTENTIAL OF IGH 9 (2012), P ORPORATE H HE C UIDE HE G , T Each human, regardless of “race, color, sex, lan- III. T at 22. IGHTS FFICE OF THE 115 R Id. Id. O Id. . ] The underlying impetus for universal human rights pro- Another hurdle to investigating traffickers, and subse- NTERPRETIVE I 113. 114. 115. 112. 116. Universal Declaration of Human Rights, G.A. Res. 217 (III) A, Doc. UMAN UIDE N A other evidence that links the buyer or trafficker to the minor’s sex act, there is likely no case. child’s testimony about the buyer’s exploitations or some tection is simple: all human beings deserve to be treated with dignity. removed from the actual sex acts. Consequently, traffickers are traffickers Consequently, acts. sex actual the from removed not often nearby when arrests occur, making it especially diffi- cult to connect them to the crime. Additionally, investigating the crime of child sex trafficking is further complicated by the anonymity of the buyers. quent prosecution, is the anonymity inherent in the nature of sex trafficking. Although traffickers reap the profits sex, of they child are often very distant and removed from the process. By actual selling children via the Internet and communicat- ing with girls over the telephone, traffickers can effectively stay A/RES/217(III), art. 2 (Dec. 10, 1948). H G a cash basis, which lacks a financial trail for law enforcement to trace the purchase to the victim or buyer. Buyers can often use a fake name that leaves even less evidence for law enforce- ment to use in identifying the trauma crime. of Moreover, exploitation due or to the the result of remem- can or know rarely victims trafficker, the of techniques evasive manipulation ber the buyers’ real names. 2013] mits an automatic legal defense by a buyer who can claim that he solicited an adult decoy.” \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 27 26-FEB-14 8:32 guage, religion, political or other opinion, national or origin, social property birth or other status,” enjoy is these human equally rights. entitled to ments/Publications/HR.PUB.12.2_En.pdf [hereinafter note 115, at 9 (discussing human rights). 34502-nyi_46-1 Sheet No. 43 Side A 02/26/2014 09:18:43 02/26/2014 A 43 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 43 Side B 02/26/2014 09:18:43 119 [Vol. 46:55 note 112. supra International legal instru- AND POLITICS Increasingly, international 117 118 supra note 115, at 9. , UIDE note 85, at 103 (discussing how sex tourism violates G The scope of the Declaration can be under- supra INTERNATIONAL LAW 121 NTERPRETIVE Promoting the Protection of Children’s Human Rights I at 10–11. Tepelus, drafted in the aftermath of World War II era atrocities See Id. Id. See 120 The Universal Declaration of Human Rights (Declara- The child sex trade implicates both the human rights of A. Children’s Rights 117. 119. 120. Universal Declaration of Human Rights, 121. 118. ments and general principles of guidance express a range of universal human rights, among them the right to bodily integ- rity to be free from violence. and to refrain from adversely affecting human rights. norms are emerging alongside existing legal instruments and outline the obligations of businesses to respect human rights stood to encompass individuals, business enterprises, and state 82 dren associated with sex trafficking is not only criminal, but it is also a clear and human rights unambiguous guaranteed to violation all. of the universal \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 28 26-FEB-14 8:32 officials are obligated to provide. emerging norms concerning the Moreover, responsibility of business en- we argue that terprises to respect human rights, as Framework expressed and Guiding in Principles the on U.N. Business and Rights, Human could inform private sector initiatives to combat child sex trafficking and contribute to protecting children. 1. tion) children and the responsibilities of the business community. To fully appreciate the opportunities for industry to intervene and aid efforts to end the abuses inherent in child sex traffick- ing, a basic understanding of both and children’s business human rights obligations with Both respect are discussed to below. In rights this section, is we argue dren that essential. who chil- are trafficking victims have a range of their human rights violated. Children are victimized because they have not enjoyed the protections to which they are entitled and public these rights.” provides that “every individual and every organ of society . . . shall strive by teaching and education to promote respect for human rights). 34502-nyi_46-1 Sheet No. 43 Side B 02/26/2014 09:18:43 02/26/2014 B 43 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 44 Side A 02/26/2014 09:18:43 83 124 122 note 119, art. 31–37. supra yet traffickers routinely 127 Article 32 recognizes the 125 IN GOOD COMPANY note 12, at 5. The CRC provides comprehensive protec- comprehensive provides CRC The supra note 40, at 7. 123 , Work in the sex industry is inherently unsafe ODE supra 126 C , HE T art. 32. art. 33. ECHT Id; Id. Id. H To ensure that the child matures into a responsible and With particular attention to the plight of children, in 1989 in children, of plight the to attention particular With 124. 125. Convention of the Rights of the Child, 126. 127. 123.A/ Doc. U.N. 44/25, Res. G.A. Child, the of Rights the of Convention 122. to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social de- velopment.” right of the child to be “protected from economic exploitation or hazardous be to likely is that work any performing from and ficking as a crime, the United States is not a party to the UNCRC. As a result, UNCRC is not legally binding on the United States. U.N. Treaty Collection, Convention on the Rights of the Child (Sept. 11, 2013, 05:12 treaties.un.org/Pages/ViewDetails.aspx?mtdsg_no=IV-11&chapter=4&lang ET), http:// =en (providing status of the ratification of the Convention on the Rights of the Child, where U.S. has signed the treaty but has yet to ratify it). RES/44/25 (Nov. 20, 1989). Although the UNCRC recognizes child sex traf- use drugs to keep children enslaved by exploiting addictions. specifically directed towards protecting children tion in of the recogni- fact that “the child, by reason of mental his immaturity, needs physical special and safeguards and care.” autonomous adult who can function in society, the CRC con- tains both development entitlements that children should en- joy access to, such as education, healthcare and play, as well as protections against abuses that children should be free from, such as sexual exploitation. Specifically, Articles which pertain 32 to and economic 33, and sexual lated exploitation, when are a vio- child is trafficked. the United Nations adopted the Convention of the Rights of Childthe (CRC). tion of children’s rights. Ratified by 191 countries, the CRC is and is by definition exploitation. Trafficked children suffer sig- suffer children Trafficked exploitation. definition by is and nificant physical and mental abuse that often severely impacts social development if untreated. Article 33 provides that chil- dren should be protected drugs and psychotropic substances,” from “the illicit use of narcotic 2013] actors. The Declaration’s appeal to individuals and “organs of society” to strive to promote respect for rights suggests that the private sector has a role to play and a measure of responsibility to ensure that human rights are protected. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 29 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 44 Side A 02/26/2014 09:18:43 02/26/2014 A 44 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 44 Side B 02/26/2014 09:18:43 [Vol. 46:55 Like educa- 130 A trafficked child la- 129 AND POLITICS 128 note 3, at 20. supra , . INTERNATIONAL LAW art. 34. art. 31. MITH ET AL Id. Id. S cion of a child to engage in any unlawful sexual activ- ity; (b) The exploitative use of children in tion prostitu- or other unlawful sexual practices; (c) The ploitative ex- use performances and materials. of children When children are not protected from the sex trade they in pornographic Article 34, the CRC provision most explicitly relevant to States Parties undertake to protect the child from all forms of sexual exploitation and sexual these purposes, abuse. States Parties shall For in particular take all appropriate national, bilateral measures and to prevent: multilateral (a) The inducement or coer- 128. 129. 130. can see as many as forty-five clients in a night. boring in the sex industry does not enjoy play, recreation, or rest. Some girls see as many as ten to fifteen clients a day, but manity is not valued through the lived experience of the trade, a lesson likely sex to impede development. Article 24 recog- nizes the right of the child to “the enjoyment attainable standard of health and to facilities for of the treatment the highest of illness and rehabilitation of health.”trade routinely risk exposure Children to sexually transmitted in infection the sex and the abusive conditions of sex work can contribute ness to and ill- injury. Traffickers do not seek health dren care for who chil- become ill; sought. Article 31 recognizes rather, the right of the child a to rest, lei- replacement sure, child play, and will recreational activities. be cannot enjoy the basic entitlements Article development. enshrined human to essential are that rights human as children’s 28 recognizes the right of the child to education. The aim of education as articulated in Article 29 is to enhance “develop- ment of the child’s personality, talents and mental and physi- children keep Traffickers potential.” fullest their to abilities cal hidden and out of school. Children also learn that their hu- the obligations governments must assume to protect children from the sex trade provides: 84 \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 30 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 44 Side B 02/26/2014 09:18:43 02/26/2014 B 44 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 45 Side A 02/26/2014 09:18:43 in 85 , 136 RAFFICK- T OPERATION - O Article 35 note 119, art. C UMAN ORDINATOR FOR - 132 O H AND ORTURE AND OTHER . C supra T EC 5 (E.U. Savona & S. AW OF S L FOR . RG , O The Importance of Play in Promoting describing how sex trafficking can MOUNTING TO A EPRESENTATIVE AND EINGS NTERNATIONAL B I 204, 205 (2012) (explaining the benefits R EINGS HE B T UMAN IN GOOD COMPANY PECIAL 131 Human Trafficking: A Crime Against Humanity H UMAN S 20–27 (2013) ( EDIATRICS Finally, Article 37(a) provides that States H P . 133 , 129 , Regina M. Milteer et al., TREATMENT - RAFFICKING IN FFICE OF THE Some commentary suggests that sex trafficking of T LL O art. 37(a). RAFFICKING IN Anne T. Gallagher, art. 36. I 134 See See, e.g. Id. See Id. Some legal scholars argue that trafficking subject to cer- ., T The CRC has been the inspiration and foundation for Several other CRC articles further specify the obligations UR 135 214 (citing F. Pocar, E 136. 131. 132. U.N. Convention on the Rights of the Child, 133. 135. 134. OMBATING ORMS OF ING must ensure that: “[n]o child shall be subjected to torture or other cruel, inhuman ment.” or degrading treatment or punish- all forms of exploitation child’s welfare.” prejudicial to any aspects of the imposes an obligation upon States to “prevent the abduction, the sale of or traffic in form.” children for Article 36 requires any States to purpose “protect the or child against in any many subsequent human rights and socially responsible initia- tives designed to protect child victims of sexual exploitation. Although the United States is not a party to the CRC, legisla- tion to combat trafficking is consistent with the CRC’s call for of States to protect children from the abuses most commonly associated with commercial sexual exploitation. C F 2013] role important an plays recreation and rest care, health or tion in child development. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 31 26-FEB-14 8:32 IN children and the associated abuses should be constitute understood to a form of torture because dure trafficked cruel, children inhuman en- and degrading and treatment are from punished by buyers the people who sell ity. them with regular- tain specific conditions can constitute a crime against human- ity that all nations are obligated to prevent and to punish. be considered torture) Healthy Child Development and Maintaining Strong Parent-Child Bond: Focus Children in on Poverty of play to child development contributing to both physical health and cogni- tive abilities). Measuring Human Trafficking: Complexities and Pitfalls Stefanizzi eds., 2007)) (explaining the implications of sex trafficking being considered a crime against humanity). 34–37. 34502-nyi_46-1 Sheet No. 45 Side A 02/26/2014 09:18:43 02/26/2014 A 45 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 45 Side B 02/26/2014 09:18:43 [Vol. 46:55 USINESS AND ORPORATIONS B C ULTINATIONAL RAMEWORK FOR ” F : M AND POLITICS However, with strong oppo- 138 EMEDY USINESS R B UST , J (2013). http://www.reports-and-materials.org/Ruggie-pro- ESPECT AND , UGGIE note 40, at 7. at xviii , R R , INTERNATIONAL LAW 2010) and tasked him with clarifying the “roles and ( supra 139 ERARD IGHTS , ROTECT G R IGHTS ECHT OHN 137 R H UN “P J UMAN Subsequently, the then U.N. Secretary-General and Nobel Early efforts in the 1990s sought to impose binding obliga- binding impose to sought 1990s the in efforts Early Although, the CRC does not explicitly hold corporations Business Responsibilities with Respect to Children’s Rights H 138. 137. 139. UMAN sition from businesses, the Commission draft failed norms. to adopt the Laureate Kofi Annan appointed Harvard Professor John Rug- gie as the “Special Rights Representative and on Transnational the Corporations Issue and Enterprises” of Other Human Business AND tions on businesses under when the Sub-commission of the U.N. Commission on Human international human rights law, Rights produced the “Draft Norms on the Responsibilities of Transnational Corporations and Other Business with Regard to Human Enterprises Rights.” H responsibilities of states, companies and other social actors in responsible for the rights of children, recent developments in international forums have given rise to a gime new normative that re- requires Sparked corporations in large part to by debates concerning the respect responsibili- ties human of rights. business in global supply relation chains and to abuses associated with poor extractive in- working dustry environmental damage, conditions there have been in a series of in- ternational efforts to better appreciate the role of business in human rights abuses and to establish standards for the proper scope of private sector responsibility with rights. respect to human 86 the rights and welfare of children to be protected against ex- ploitation. For the reasons outlined above, however, child sex trafficking continues to present significant challenges to enforcement, and state and federal officials have law failed to fully protect children from sexual slavery. 2. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 32 26-FEB-14 8:32 tect-respect-remedy-framework.pdf (providing a brief Framework by Special explanation Representative Ruggie). of the 34502-nyi_46-1 Sheet No. 45 Side B 02/26/2014 09:18:43 02/26/2014 B 45 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 46 Side A 02/26/2014 09:18:43 87 145 http:// Dec. 19, , ( USINESS AND LOG B OMPACT B C AW L In June 2008, after LOBAL 140 G RAMEWORK FOR Rather the Special Rep- ” F 144 ATIONS To provide a focal point, the N EMEDY 141 R NITED ESPONSIBILITY AND THE U R Business and Human Rights: A Convergence of Ex- IN GOOD COMPANY note 140 (quoting Professor John Ruggie). ESPECT AND OCIAL note 136. S , R supra supra The U.N. Human Rights Council unanimously , See also UN Framework and the Global Compact: Guiding Principles ROTECT 142 ORPORATE C IGHTS 143 , http://www.csrandthelaw.com/2011/12/articles/human-rights/busi R Id. Id. Id. UN “P , In recent years, independent of the Special Representa- 141. 142. 143. 144. Sarah A. Altschuller, 140. 145. Altschuller, UMAN resentative on Business and Human Rights has the Framework and Guidelines are to be the “authoritative UN stressed that standards around which the articulated expectations of many public and private institutions have already converged.” clarify the relevant actors’ responsibilities. The Special Repre- sentative hoped to provide a foundation upon which to build over time. extensive research and consultations with businesses governments around and the world, Special “concluded Representative that Ruggie one reason cumulative progress in the ness busi- and human rights area had been difficult to achieve was the lack of an authoritative focal point around which expectations could converge.” actors’ Special Representative presented a framework designed to “not just another set of voluntary standards vying for attention in an increasingly crowded space.” tive’s process, there has been a proliferation of codes promul- gated in the private sector across a range of existing industries regulatory to gaps and fill address rights issues. However, it has been argued that the U.N. Framework and Guidelines are H 2013] the business and human rights sphere.” \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 33 26-FEB-14 8:32 approved the framework and it gained support from Norway, Argentina, India, Nigeria, and Russia—countries U.N. regional from group. Moreover, each “a number of individual gov- assess- policy own their conducting in it utilized have ernments ments.” ness-and-human-rights-a-convergence-of-expectations/ (quoting John Ruggie). Professor on Business and Human Rights, pectations www.unglobalcompact.org/issues/human_rights/The_UN_SRSG_and_the_ UN_Global_Compact.html (last updated Apr. Guiding Principles). 24, 2012) (discussing the 2011) 34502-nyi_46-1 Sheet No. 46 Side A 02/26/2014 09:18:43 02/26/2014 A 46 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 46 Side B 02/26/2014 09:18:43 & UID- Ac- NITED The , G U 151 147 USINESS [Vol. 46:55 B USINESS AND IGHTS The Guid- Under the , B R 149 146 UMAN 13 (2011). H 148 MPLEMENTING THE : I ATIONS RAMEWORK FOR N RAMEWORK note 143, at 16. ” F IGHTS AND POLITICS To put the Guiding Princi- ” F R NITED , those rights expressed in the supra 150 EMEDY , , U http://www.business-humanrights.org/ R R EMEDY , R UMAN ’ note 115, at 2. ’ R H OMM OMM ENTRE C C , supra C IGH ESPECT AND IGH UIDE note 136. at a minimum H ESPECT AND H , R USINESS AND G INTERNATIONAL LAW , R ESOURCE B supra R , ROTECT ROTECT IGHTS IGHTS FFICE OF THE FFICE OF THE “P NTERPRETIVE R R O I O UN “P Id. UN Guiding Principles on Business and Human Rights The “Guiding Principles on Business and Human Rights: The U.N. Framework rests on three pillars: (1) the State’s RINCIPLES ON P 151. 147. 146. 148. 149. 150. UMAN UMAN ATIONS H ples into operation business enterprises must be in a position to “know and show that they respect human rights.” ING cordingly, to meet their responsibility to respect human rights, business enterprises are encouraged to adopt and implement “policies and processes appropriate to their size and stance” circum- to ensure that there is: (1) “a meet the policy responsibility to respect human rights”; commitment (2) a human to rights due diligence process to identify issues and account for human rights that business enterprises must fined respect to include, are de- International Bill of Rights as well as the rights the contained International in Labour Organization’s Declaration on Fun- damental Principles and Rights at Work. blueprint for companies and States to manage the risk of ad- versely affecting human rights. ing Principles set a benchmark for companies assess and States business to respect for human rights and provide a on the human rights human of rights impacts others”; with and which they (2) are involved.” “address adverse Framework, the corporate responsibility rights includes to the dual respect obligations to: human (1) “avoid infringing Implementing the United Nations ‘Protect, Respect, and Rem- edy’ Framework” were adopted by the Human Rights Council as the way to put the Framework into operation. duty to, within its jurisdiction, fulfill human rights and funda- mental freedoms and protect against human rights abuses by responsibil- corporate the (2) business; including parties, third to victims by access greater (3) and rights; human respect to ity effective remedy, both judicial and non-judicial. N H 88 \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 34 26-FEB-14 8:32 Documents/UNGuidingPrinciples (last updated Mar. 1, 2013). 34502-nyi_46-1 Sheet No. 46 Side B 02/26/2014 09:18:43 02/26/2014 B 46 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 47 Side A 02/26/2014 09:18:43 89 154 , http://www.unglobal OMPACT C 152 See About Us: Overview of the UN Global LOBAL See generally About Us: Overview of the UN G IN GOOD COMPANY ATIONS N note 40, at 8. Specifically, the Global Compact explains note 40, at 8. NITED 153 U supra supra note 149 (explaining the Global Compact). , , at 15–16. ECHT ECHT Id. H H Relatedly, the United Nations’ “Global Compact,” an initi- Therefore, by adopting a policy commitment to combat 152. 153. 154. that businesses should respect the protection of human rights and “ensure they are not complicit in human rights abuses.” they operate.” sponsibility to respect rights through putting policy ments into commit- practice. Furthermore, the implementation of pol- icy commitments would entail conducting the necessary diligence due to determine the actual or potential impact rate conduct corpo- has on children trafficked into the sex trade. Due diligence findings assessing the trafficking tourism could be integrated into sector’s developing more effective impact on traf- rescue to efforts enforcement law aid could that responses ficked children and catch and convict traffickers. ative that is independent “busi- that encourages also Principles, Guiding and Framework from but complementary to nesses show good the ‘global citizenship’ in the nations in which human trafficking and modern could demonstrate slavery, progress towards showing responsibility the to tourism sector respect human rights. The private sector could aid the State in its duty to protect children’s human rights by assuming re- tions and “core business activities, strategic social investments The Global Compact in cooperation with the United Nations Children’s Fund (UNICEF) and Save the Children have pre- pared The Children’s Rights and Business Principles vide to pro- a comprehensive framework for understanding and dressing the impact of business on the rights and ad- well-being of children. Like the Guiding Principles, the Children’s ples include the Princi- corporate responsibility to protect but also ar- ticulate a “corporate commitment to support.” In addition to respecting human rights, the Children’s Principles call upon businesses to advance children’s rights through voluntary ac- 2013] how the business can address adverse impacts; and (3) a pro- cess to remedy any adverse rights have impacts contributed to or the caused. business may \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 35 26-FEB-14 8:32 Compact, supra compact.orgAboutTheGC/index.html/ (last visited Mar. 9, 2013) (provid- ing an overview of the Global Compact). Global Compact, 34502-nyi_46-1 Sheet No. 47 Side A 02/26/2014 09:18:43 02/26/2014 A 47 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 47 Side B 02/26/2014 09:18:43 5 [Vol. 46:55 RINCIPLES 155 P USINESS B AND POLITICS IGHTS AND R S ’ HILDREN ., C INTERNATIONAL LAW ET AL Protecting Against Legal Liability and Reputational Risks UNICEF Under federal and state laws, corporations can be held Generally, none of the international human rights treaties rights human international the of none Generally, Despite the increasingly complex nature of hotels and B. 155. Victims Protection Reauthorization Act (“TVPRA”) provides, in pertinent part, that “whoever knowingly benefits, financially or by receiving anything of value, from participation in a ven- ture which [that person knew or should have known] has en- gaged in any act in violation of [TVPRA]” will face fines or through complying with the responsibility to respect rights set forth in the text of the human U.N. Framework and Guiding Principles on Business and Human Rights. There are also risks associated with being perceived as a business that the disregards plight of trafficked children by doing nothing to against protect the parasitic use of tourist properties by child sex traf- fickers. civilly and criminally liable for sex trafficking. The Trafficking enterprises will meet the responsibility to respect vary rights according to size, sector, may or operational context of a busi- ness, among other factors. It is in any corporation’s best inter- est to ensure that their business dealings are not contributing to the human rights violations caused by child sex trafficking. The private sector is converging around a soon it set will no longer of be the norm for norms businesses to sit and by idle while they contribute to the rights. violation of children’s human explicitly imposes direct, legally binding obligations on busi- nesses on the face of the text. However, there are opportuni- ties for businesses to benefit a broad range of constituencies tourism businesses and challenges to their ability to monitor their actions across the country and around the world, it is in a corporation’s best interest to comply with widely international business norms. recognized The Guiding Principles appreci- ate that the scale and complexity of the means through which (2012). 90 and philanthropy, advocacy and partnership with public a range of relevant policy” stakeholders. working in \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 36 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 47 Side B 02/26/2014 09:18:43 02/26/2014 B 47 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 48 Side A 02/26/2014 09:18:43 . 91 EM U. M note 84, at , 43 1 (2004). Those who supra L.J. Nevertheless, S ’ 157 159 OMEN W 18 U.S.C. § 1593A (stating, see TVPRA 2008, sec. 213 (ensuring ASTINGS H , 16 see also Justice for Victims of Human Trafficking and IN GOOD COMPANY note 84, at 579 (stating that many hoping to file suit note 84, at 586; Specifically, “under [TVPRA], even some- Human Trafficking Private Right of Action: Civil Rights for However, due to the low number of traffick- 156 supra 158 supra There are also state initiatives to create incentives Pierce, Naomi Jiyoung Bang, 160 1047, 1048–50 (2013) (noting the small number of cases being See See . In addition to the TVPRA, corporations may be held lia- EV 160. 156. 18 U.S.C. § 1593A (2012); 159. 157. Pierce, 158. For a discussion of legal recourse for victims to seek remedy from L. R establishment. risks to commercial actors implicated in human trafficking re- main. ble for human against trafficking corporations because alleged to plaintiffs be human may engaged trafficking or either file complicit by in suit action state or statutes and traditional tort omission claims; this presents a using risk of other liability. knowingly benefit from trafficking can face fines or imprison- a victims trafficking afforded has TVPRA the 2003, Since ment. private right of action. This means that if child sex trafficking occurs in a hotel and the occurred, hotel the victim is should entitled to bring have a civil suit known against the the act brought under this section of the TVPRA). against corporations use the strategies of tort claims or the Fair Labor Stan- dards Act). ing cases filed in federal district courts under the date, it is difficult to assess TVPRA how prevalent cases brought pursu- to corporate of theories whether or become will statute the to ant liability will result in large damage awards. one who does not act to further the trafficking but merely con- sciously benefits from its existence is liable.” 2013] imprisonment. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 37 26-FEB-14 8:32 for corporate actors to cooperate in combatting the crime of assistance to victims of sex trafficking); H.R. (2003) (discussing the amendment to Rep. the TVPRA); Pierce, No. 108-264, pt.1, at 2 Kusia Hreshchyshyn, Trafficked Persons in the United States 585 (describing the private rights of action in the TVPRA). “[w]hoever knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in any act in violation of section 1581(a), 1592, or 1595(a), knowing or in reckless disregard venture has of engaged in the such violation, shall be fined under this title or im- prisoned in the same manner as a completed violation of such section.”). those who knowingly benefit from trafficking, see generally, Kathleen Kim & Forced Labor: Why Current Theories of Corporate Liability Do Not Work 34502-nyi_46-1 Sheet No. 48 Side A 02/26/2014 09:18:43 02/26/2014 A 48 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 48 Side B 02/26/2014 09:18:43 in , 166 XPECTA- E [Vol. 46:55 EW : N Another example MPACTS I 162 39, 51 (2012) (arguing that . US IGHTS ) (providing that victims of traf- AND POLITICS R L. & B & L. L ’ UMAN Human Trafficking, the Rule of Law and Cor- NT H 39-13-311 (2008) (providing that a corpora- . § S.C. J. I For example, Minnesota adopted a cor- NN Influencing the Impact of Business on Human Rights , 9 A 161 (Lara Blecher, et al., eds.) (forthcoming 2014) (on file INTERNATIONAL LAW ODE 164 . § 609.284, 609.322 (2005 It provides that “[a] corporation may be prose- . C The TVPRA includes a provision that permits a TAT CCOUNTABILITY FOR 163 165 . S ENN ARADIGM A T at 592 (“A few states have adopted explicit provisions holding cor- P Erika George, Anna Williams Shavers, INN Id. M See Id. Cf. See Beyond the risks of exposure to legal liability, businesses Accordingly, these laws demonstrate that hotels and other 161. 162. 166. 164. 165. 163. ORPORATE includes Tennessee’s anti-trafficking corporate which explicitly describes the ways liability a court may find a corpora- law, tion liable. TIONS AND federal department or agency to terminate contracts with busi- nesses that engage in human trafficking or use forced labor. porations liable for the crime of human trafficking.”). porate liability provision that explicitly holds corporations lia- ble for human trafficking and lays out the penalties for corpo- rations convicted of human trafficking. held liable for their part in the problem simply because they should have known it was occurring. Businesses may lose po- tentially lucrative contracts with public agencies. Therefore, it that are implicated in human trafficking run the risk of losing business from public agencies. ment contracting and procurement policies Increasingly, are sensitive to so- public govern- cial issues. travel businesses can no longer turn a blind eye to lem of the child sex trafficking, prob- because they run the risk of being with authors) (discussing public procurement policies linked to respect for human rights and living wages). C 92 human trafficking. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 38 26-FEB-14 8:32 or omission . . . [that] constituted a pattern of illegal that activity an agent of the company knew or should have was occurring.” know[n] cuted for a violation of [the sex trafficking statute] for an act tion may be prosecuted if an agent of the corporation acting within his offi- cial scope authorized or performed sex trafficking or if the should agent have knew known or the act was occurring). ficking may bring a cause of receives action profit against from knowingly a or person having or reason to corporation know from that that prostitution or it trafficking). is derived the actions of any party that a corporation corporation is federal government responsible contracts). for can cost the porate Social Responsibility 34502-nyi_46-1 Sheet No. 48 Side B 02/26/2014 09:18:43 02/26/2014 B 48 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 49 Side A 02/26/2014 09:18:43 93 As discussed above, this low 167 IN GOOD COMPANY note 1, at 37–38. supra Change and Gaining Competitive Advantage , ARA Corporate Social Responsibility: Creating Opportunities for K Increasing accountability in the private sector through the through sector private the in accountability Increasing Having detailed the implications for children’s rights and C. 167. employees would be better equipped to report the problems to law enforcement when they encounter them. There are sev- eral features unique to the private sector that the capacity to endow disrupt buyer it demand and with facilitate the subse- quent prosecution of traffickers many tourism properties often and have security cameras that can buyers. For instance, coordination among law enforcement and other who individuals frequently encounter child sex traffickers. Therefore, stands it that one way to overcome these challenges and the fill gaps in created by failures in niques traditional due to investigative the tech- nature of the sex trafficking involve the industry private is sector. to adoption and implementation of corporate codes with consistent the responsibility to respect human rights outlined in the U.N. Framework and Guiding Principles could forcement help officials law identify en- traffickers, buyers, and victims of child sex trafficking. By training hospitality workers, hoteliers, and other employees to identify signs of child sex trafficking, risk can often be attributed to a lack of awareness and lack of the risks to business where responsibility is now not turn assumed, to we opportunities to create constructive change and contribute to protecting human rights through meeting obli- gations to respect human rights. Sex trafficking is illegal in al- most every country in the world, but the absence of risk of detection and prosecution contributes to the expansion any real of the sex trafficking industry. 2013] cor- adopt to businesses travel other and hotels for beneficial is porate social responsibility (CSR) policies trafficking because against it child helps them sex avoid the legal socially implement to choosing By exploitation. child with ated risks associ- responsible policies, hotels and other tourism businesses can avoid the legal risks associated with child sex trafficking. Fail- ure to assume a proactive position with respect to the issue of human trafficking is increasingly ill advised. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 39 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 49 Side A 02/26/2014 09:18:43 02/26/2014 A 49 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 49 Side B 02/26/2014 09:18:43 Busi- available ELATIONS ), 168 [Vol. 46:55 R UIDELINES FOR Businesses com- NDUSTRIAL Moreover, where I Apr. 21, 2004 169 OECD G ( 173 AND POLITICS For example, UNICEF advo- EPORT ON THE MPLOYMENT AND R 172 NNUAL 2008: E A note 164, at 237 (discussing private CSR initiatives). note 85, at 100. These CSR initiatives are defined as an ex- INTERNATIONAL LAW supra 170 NTERPRISES supra E , Porter & Kramer CSR discussion at Part III.C.3 (discussing Overview of Selected Initiatives and Instruments Relevant to Corpo- (“In the recent years, [CSR] has been institutionalized politi- . Press Release, United Nations Children’s Fund, Launch of “Code OECD, Notably, most CSR initiatives currently implemented OECD, See id. See infra See See 171 The general obligations of a responsible business are to ULTINATIONAL 168. 171. Tepelus, 172. 169. 170. 173. http://www.unicef.org/media/media_20445.html (announcing the (announcing http://www.unicef.org/media/media_20445.html municate their response to social and environmental issues by engaging in socially responsible activities CSR and initiatives. incorporating aging businesses in the travel industry to adopt Conduct for the the Protection of Children Code from Sexual Exploita- of tion in Travel and Tourism (the Code). nesses require a “social license to operate.” plicit and voluntary implementation of environmentally, ethi- cally, and socially conscious standards of conduct by the busi- ness. encour- actively by rights children’s for protection the for cates rate Social Responsibility, in M 237 (2009) businesses entails responding to societal expectations. 94 capture the images of trafficking transactions in process such as those of the buyer and child together. buyer If rents the the trafficker room or in a hotel, they identification and may pay with a credit card, be creating a paper trail asked to show for law enforcement to follow. obey laws and regulations and to supply market. the However, demand of another the major expectation of responsible \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 40 26-FEB-14 8:32 the “social license to operate”). in the private sector are a direct response to the demand for greater social responsibility from international trade unions, nongovernment organizations, human rights and environmental organizations, groups. at UN. . . The [European] Commission . . . emphasizes four relevant aspects” of CSR amongst which the first one is that “CSR covers both social and envi- ronmental issues.” Furthermore, “[t]he United Nations important is role also in playing promoting the an CSR agenda through framework Global for businesses Compact, to align a their operations and strategies within ten universally accepted principles of human rights, labor, environment and an- ticorruption”). cally in the international context both by the European Union and by the of Conduct” to Protect Children from Sex Tourism 34502-nyi_46-1 Sheet No. 49 Side B 02/26/2014 09:18:43 02/26/2014 B 49 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 50 Side A 02/26/2014 09:18:43 A- 95 177 176 N note MPR , NITED U In addition Part III.C.1 for a 178 http://unwto.org/ For instance, the infra 175 See . available at . 174 238 (Oct. 9, 2003), note 85, at 107 (discussing the UNWTO’s task . IN GOOD COMPANY note 85, at 107 (explaining the UNWTO’s involve- RG at 107 (discussing UNICEF’s role as a supporting note 12, at 5. O 179 id. supra note 85, at 104. note 164, at supra Law Enforcement, Hoteliers Join Against Sex Trafficking Sex Against Join Hoteliers Enforcement, Law supra , supra OURISM supra ODE T Tepelus, C Tepelus, HE ORLD Aug. 24, 2012), http://minnesota.publicradio.org/display/web/ T OECD, Indicators of Sustainable Development for Tourism Destinations, supra Indicators of Sustainable Development for Tourism Destinations, Tourism for Development Sustainable of Indicators Generally, there are several ways of implementing socially There have been a number of initiatives that highlight the highlight that initiatives of number a been have There W ( Corporate Social Responsibility in the Hotel and Travel Industry See also . See also 174. 178. 175. Tepelus, 176.Yuen, Laura 177. 179. EWS Radisson hotel in Roseville, Minnesota, began training its em- ployees to know “what to look suspect for that their guest rooms are being used for illicit sex.” and what to do if [they] TIONS N to developing directives the UNWTO created an international task force made up NGOs, and of the tourism representatives industry to from awareness engage campaigns governments, in for international the prevention child and exploitation. eradication of responsible policies within a company, but each share at least two key elements. First, the general aim of social responsibility is to create awareness within the industry. 1. links between hotels and other travel businesses and the social launch of the Code); agency of the Code). Second, these civil society prevention programs aim to guide businesses in developing their own policies and guidelines. The United Nations World Tourism Organization (UNWTO), for example, developed a task force that meets bi-annually to educate stakeholders in tourism development. 2013] some CSR initiatives address a wide range of concerns, includ- ing human rights and labor rights, other CSR initiatives take an in-depth focus on one issue specific to issues related to spe- cific organizations or sectors. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 41 26-FEB-14 8:32 discussion of how a leading hotel brand chain has taken proactive confront steps the to challenge of human trafficking. 2012/08/24/crime/hotels-fight-sex-trafficking en. ment in promoting sustainable tourism). 173 force). 34502-nyi_46-1 Sheet No. 50 Side A 02/26/2014 09:18:43 02/26/2014 A 50 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 50 Side B 02/26/2014 09:18:43 180 [Vol. 46:55 Education 185 AND POLITICS Many tourism organizations have unique possibilities to 182 183 There were nineteen arrests for juve- (Aug. 23, 2012), http://roseville.patch.com/ 186 ATCH P Stopping Sex Trafficking: A Roseville Hotel Showed How it 184 INTERNATIONAL LAW In its Declaration and Agenda for Action, the OSEVILLE R 181 , within the tourism industry at 4. at 5 (quoting The Swedish Draft Plan of Action 1997). at 7. Id. Id. Id. Id. Id. Id. Several of these initiatives require members to initiate Since the first World Congress in Stockholm, various vol- 180. 181. 182. 183. 184. 185. 186. Scott Carlson, observe, increase awareness of and report on the commercial sexual exploitation of children.” ploitation of Children of the International Federation of Tour Operators (IFTO); The Resolution against the sexual exploita- tion of children of the International Hotel and Restaurants As- sociation (IH&RA); The Resolution against the Sex Tourism International of Federation of tions (IFWTO). Women’s Travel Organiza- have since adopted tourism policy documents or codes of con- duct against commercial child among exploitation. others: These The Code include, of Conduct against the Sexual Ex- can influence outcomes for trafficked children. For example, hotel employees in Minnesota have received training on how to spot sex trafficking. staff training, distribution of information, and establishment of codes of conduct within their organizations. untary measures have been taken to eliminate child sex ficking in the tourism industry. traf- World Congress against Commercial Sexual Children. Exploitation of 96 issue of child sex trafficking. In 1996, the Child Prostitution, Child Pornography and Trafficking in Chil- Campaign to End dren for Sexual Purposes (ECPAT), an international nongov- ernmental organization with representation in over fifty coun- tries and founded by social South-East workers Asia, in called the various first open countries international forum in on child exploitation and the global economy Representatives in Stockholm. from 122 countries participated in this first \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 42 26-FEB-14 8:32 Congress concluded the private tourism sector could contrib- ute to eradicating child exploitation stating, “[p]rofessionals working Can be Done 34502-nyi_46-1 Sheet No. 50 Side B 02/26/2014 09:18:43 02/26/2014 B 50 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 51 Side A 02/26/2014 09:18:43 , 97 N.Y. , IMOUSINE L AXI AND At least one prose- 190 187 NYC T , The Code has become the become has Code The 191 IN GOOD COMPANY In addition to hotels, some training pro- Hotel Employees Get Training in Spotting Sex Trafficking note 10, at 5. The Travel Industry Takes on Human Trafficking 189 Still, too many corporations are missing the supra 192 (Jan. 8, 2013), http://www.startribune.com/local/minneapo Code, at 3. http://www.nyc.gov/html/tlc/html/industry/training_video_sex_ HE Nov. 8, 2012), http://www.nytimes.com/2012/11/09/giving/the- , Employees that staff the font desk are encouraged to T Id. See Sex Trafficking Awareness Training Id. RIBUNE N ’ ( Particularly, the Code designed in 1998 by ECPAT, T 188 191. 192. 190. 187. Rochelle Olson, 189. Tanya Mohn, 188. OMM IMES TAR cution was the result of a hotel manager reporting suspicious behavior. The hotel industry can make a difference in combat- ting trafficking. Hotel workers are taught to recognize cious suspi- conduct and to Guests who pay tip cash, come without luggage, off or repeatedly re- law fuse enforcement the hotel room to be cleaned are practices authorities. of sex traffick- ers. T ple criteria, the Code creates transparency and accountability in the corporation’s CSR initiative. To date, the Code has only been implemented by those forty forty companies are estimated to reach 30 companies million tour- globally; ists per year. however, gold standard for CSR in the travel and tourism industry as it builds upon the previous initiatives. Through its clear and sim- trafficking.shtml (last visited Oct. 11, 2013) (describing New York City Local Law 36). grams target the transportation industry. For example, licensed every driver in New York City must watch a training on video sex trafficking awareness their before new or renewal they license application. can proceed with UNICEF, and the UNWTO to prevent sexual the exploitation of children at tourism destinations, and travel agencies, is unique such in its explicit and early appeal to as hotels, airlines, the rights contained in the CRC. travel-industry-takes-on-human-trafficking.html?pagewanted=all&_r=0. C opportunity to contribute to the change. By adopting the groups/politics-and-elections/p/roseville-hotel-host-to-initiative-against-sex- trafficking. S 2013] nile sex trafficking in the state in 2012. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 43 26-FEB-14 8:32 look for visual cues, such as youth who made look fearful. to appear older or lis/186103701.html. 34502-nyi_46-1 Sheet No. 51 Side A 02/26/2014 09:18:43 02/26/2014 A 51 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 51 Side B 02/26/2014 09:18:43 [Vol. 46:55 AND POLITICS 193 INTERNATIONAL LAW Id. Through its implementation, the Code stands to benefit Generally, the six criteria of the Code require that tour- of children; (4)cata- through travellers to information provide to logues, brochures, in-flight films, sites, etc.; ticket-slips, web- (5) to provide information to local “key destinations persons” [,including at law enforcement]; and (6) to report annually. (1) to establish commercial a sexual exploitation of children; corporate ethical policy against (2) to train the personnel and travel in destinations; the country of origin (3) to introduce clauses in contracts stating with a common suppliers, repudiation of sexual exploitation 193. work to prevent child sex trafficking. international and national tourism organizations that conduct business consistent with the requirements of the Code. Consis- tent with the call for business to respect human forth rights in the as U.N. Framework set and Guiding Principles on Busi- quality system. The Code specifies that businesses must require must businesses that specifies Code The system. quality sex- the against commitments the to stipulate to suppliers their ual exploitation of children in relation to their activities. Addi- tionally, the Code requires that organizations provide informa- tion to guests and employees by means such as catalogues and brochures, to inform them of any tips and hotlines to report suspicions of child sex trafficking to local key people. Finally, the Code encourages the business to report on an annual basis to their local ECPAT partner the ways they have implemented the Code of Conduct. The report is especially monitoring important purposes but it for also serves to share the challenges and achievements that businesses have encountered in their ism organizations set up a company policy against commercial sexual exploitation of children. Specifically, businesses it train all requires personnel on that the contents of the code conduct of to bring awareness to the staff as part of the service 98 Code, organizations voluntarily commit themselves to imple- ment the following six measures: \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 44 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 51 Side B 02/26/2014 09:18:43 02/26/2014 B 51 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 52 Side A 02/26/2014 09:18:43 99 196 USTAINA- FFORTS TO S available at E S ’ 4 (2012), ARLSON 197 NITIATIVE IN I : C EST TUDY HILDREN : B note 190, at 4. S C http://hospitality-on.com/filead Initially, Carlson struggled ASE WARDS supra , C 194 , However, the company decided A OW OW 195 N N available at IN GOOD COMPANY XPLOITATION OF OSPITALITY E , H (2011), RAFFICKING RAFFICKING N T T -O 4 UMAN UMAN H H RAFFICKING AND OSPITALITY ND ND T E H E Id. EVELOPMENT The Carlson company is comprised of such brands includ- In order to adopt the Code, businesses must follow a As the first global hotel and travel company based in the D 194. 196. 197. 195. OMBAT with the decision to associate its name with the sensitive topic pub- bad create would it that fear of out trafficking sex child of licity towards the company. BLE ing Radisson, Country Inn & Suites By Carlson, Park Inn by it was more important to leverage its ability to impact the issue and the outcome was “just the opposite of what was feared.” C travel and hospitality industry. Instead of criticism, Carlson has been applauded by stakehold- ers and in 2010, the former the with Gift U.N. and Now” Trafficking Human “End by nized CEO and chairman was recog- “Business Leader” award for her leadership. beds practices that help prevent abuses throughout the busi- ness enterprise. three-phase procedure. First, the business must declare to the national ECPAT its interest in the Code of Conduct. Second, in preparation of adopting the Code, the business must estab- lish a policy against commercial sexual for information the prepare program, training a prepare dren, exploitation of chil- Finally, persons. key inform to way a find and organization, the the business implements the six criteria of the Code United States to sign the Code, Carlson has had an especially proactive approach to combating child sex trafficking in the 2013] ness and Human Rights, adopting nesses with the a policy Code commitment to provides identify and busi- prevent violations the of children’s rights associated with trafficking. instance, For by adopting the Code, businesses are not associated with the child sex trade, but preventing it. Adopting the Code rather provides clear guidelines for are actively engaged in the company’s employees and customers. ness’s It expectations states with respect the to busi- children’s rights and em- \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 45 26-FEB-14 8:32 min/imported/pdf/WHA2011-Carlson-3.pdf. http://www.endhumantraffickingnow.com/wp-content/uploads/2012/08/ Carlson-Case-Study.pdf. 34502-nyi_46-1 Sheet No. 52 Side A 02/26/2014 09:18:43 02/26/2014 A 52 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 52 Side B 02/26/2014 09:18:43 No- RAFFICK- 199 T [Vol. 46:55 Joly said, Joly OMBAT Next, in 2010, C 203 202 Finally, as the pres- the as Finally, 204 FFORTS TO E note 194, at 7. S ’ AND POLITICS Under the leadership of supra (on file with authors). 205 , 200 ARLSON As Ms. Nelson has stated, “Sim- 4 OW : C 201 N For instance, Carlson bans all movies all bans Carlson instance, For TUDY Moreover, Carlson has adopted an ex- HILDREN S 206 C 207 ASE (discussing the three leaders’ efforts to combat sex RAFFICKING , C T INTERNATIONAL LAW EMKE Z UMAN This means that, as a global leader in the travel and H (quoting Marilyn Carlson Nelson, Chairman). at 10 (quoting Hubert Joly, Carlson’s President and CEO). at 5–6. XPLOITATION OF at 2. at 4. . at 5. VELYN ND 198 E E E Id. Id. See generally id. Id. Id. Id Id. Id. Through their leadership, the company works to protect 198. 207. 199. 200. 201. 202. 203. 204. 205. 206. “[s]igning the Global Compact . . . builds on [Carlson’s] rich legacy as an organization that seeks to conduct its business in a fashion.” caring and responsible socially tably, three people that are each dedicated to combating child sex trafficking lead Carlson. ident of the Curtis L. Carlson Gage, Carlson oversees Family the Foundation, foundation’s involvement Barbara protection of in children’s rights. the company to sign the Code. Marilyn Carlson Nelson, chairman and former CEO of son, the company was the first U.S. based travel and hospitality Carl- ING AND ply put, we committed ourselves to be a and ears, which is one of the very best weapons that global we have to army of eyes combat this injustice forced upon children.” press policy to immediately terminate any employee and refer that involve sexual exploitation of a minor and the use of any company equipment for the viewing, storage, or distribution of child exploitation. Hurbert Joly, Carlson President and CEO, signed the Global Compact on behalf of the company Carlson’s to further demonstrate commitment to human rights. human rights with a Carlson trains employees to recognize the risks associated with very hands-on approach. exploitation. sex child Specifically, 100 Radisson, Park Plaza, T.G.I. Travel. Friday’s and Carlson Wagonlit \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 46 26-FEB-14 8:32 hospitality industry, Carlson provides service to over 150 coun- tries with nearly 170,000 employees around the world. trafficking). 34502-nyi_46-1 Sheet No. 52 Side B 02/26/2014 09:18:43 02/26/2014 B 52 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 53 Side A 02/26/2014 09:18:43 101 Specifi- Moreover, 210 212 In an instance 214 note 194, at 15. supra , The training also includes a OW 211 Some companies are concerned N 216 IN GOOD COMPANY 208 note 182. RAFFICKING T The training involves two modules: a modules: two involves training The supra 209 UMAN 215 H at 8. For example, posters that have pictures of vulnerable . . ND Id. Id. Id Id. Id. Id. Id E 213 Despite Carlson’s successes, many companies are hesitant The company’s training program has evolved over the 216. 208. 209. 210. 211. 212. 213. 214. 215. Carlson, closer to home, a hotel manager in Minnesota benefit of training to who identify trafficking victims had tipped off law the enforcement and the trafficker is sentence. serving a twenty-one year video featuring various scenarios that could identify help suspicious employees activity involving children and about how to properly report discussion suspicious activity. sion for all employees and a companion training managers that session is an additional for one and half hours. cally, the training includes a ten-minute film clip from a docu- mentary by Robert Bilheimer about trafficking and tion exploita- that was partially funded by the Carlson Family Founda- tion, titled “Not My Life.” mandatory three and a half hour comprehensive training ses- Carlson supplements the training program with posters raise that awareness and helps tions. employees identify critical situa- to publicly associate their name with such a topic as appalling as child sex trafficking. years to a comprehensive Responsible Business training gram pro- where employees around the world are provided with a better understanding of how they can community. positively impact the 2013] the incident to the police if ploitation they of a are child. involved in sexual ex- \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 47 26-FEB-14 8:32 minder of who they should Belize in manager hotel a when off paid efforts Carlson’s 2009, report suspicious activity to. In reported suspicious activity in a hotel and the suspect was ap- prehended by local States, and authorities, imprisoned for child trafficking. extradited to the United children on them provide information to employees as re- 34502-nyi_46-1 Sheet No. 53 Side A 02/26/2014 09:18:43 02/26/2014 A 53 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 53 Side B 02/26/2014 09:18:43 ROSTITU- P [Vol. 46:55 ND Carlson’s commit- 217 ECPAT – USA: E AND POLITICS note 64, at 2. What We Do, supra Of 113 men, 87% of them said that , 220 OSWAMI , http://ecpatusa.org/wp/what-we-do/tourism-child- note 40, at 9. INTERNATIONAL LAW & G supra , RAFFICKING 218 T ECHT URCHSLAG If business enterprises within the tourism sector put Id. H D An estimated one out of every sixteen workers in the First, awareness among the tourism industry—the Contributing to Change through Codes of Conduct 219 220. 217. 218. There are at least twelve North American based corporations signed 219. persistence to participate in the fight against the commercial sexual exploitation of children by adopting and implementing the Code. ment to eradicate child sex trafficking stands as an example to other U.S. companies where companies tend to be less aware of the fact that child sex trafficking is not only happening developing in countries. Using Carlson’s example, other compa- nies should recognize the urgent need for action and find the TION AND on to the Code Worldwide, and Carlson including Hotels. Delta Airlines, Hilton Worldwide, Wyndham being recognized as someone who purchases sex would effec- 2. world works to house, feed, transport, or ers. entertain consum- 102 their association with the sexual exploitation of children may damage their reputation, while other companies have merely refused to acknowledge the problem. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 48 26-FEB-14 8:32 tives. thousands of individuals employed by their customers—may these be used businesses to deter and buyers from purchas- ing child sex by creating a employees real in risk the of tourism sector being are caught. able to When identify ficking the victims and traf- are encouraged to report problems to law enforcement, a potential abuser reassesses the risk tion. of For detec- instance, the Chicago ploitation Alliance (CAASE) initiated a research Against project in Chicago, Il- Sexual Ex- linois to investigate the cognitive and behavioral men who purchase sex. patterns of into practice sufficient CSR policies, millions of workers world- wide would be equipped to enable the travel industry to com- bat the exploitation of children. Measures developed by these organizations can be effective if people who work within their structure know about the program and believe in the objec- protection-code-of-conduct/ (last visited Mar. 9, 2013). 34502-nyi_46-1 Sheet No. 53 Side B 02/26/2014 09:18:43 02/26/2014 B 53 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 54 Side A 02/26/2014 09:18:43 224 103 If hotel staff hotel If By promoting 223 226 . 16 If buyers were aware that (July 30, 2013), http://www.freep 221 note 64, at RESS P supra REE , (July 16, 2013), http://www.metro.us/new F IN GOOD COMPANY -N.Y. Child Sex Trafficking Bust Rescues 10 Youths, Arrests 18 Arrests Youths, 10 Rescues Bust Trafficking Sex Child OSWAMI ETROIT D ETRO In one reported incident, a sex slave was im- , Florida Woman Forced into Prostitution by Brooklyn Man She note 172. Moreover, 62% of the men interviewed & G , M 222 225 supra at 24 (finding that 87% of men interviewed would be deterred Tresa Baladas, URCHSLAG D See id. See Id. Trafficked children are frequently held in hotel rooms In addition to alerting law enforcement about abuses, the 221. 222. 224. Yuen, 225. 223. Laura Shin, 226. awareness about the realities of trafficking, including the ex- tent of violence and harm suffered, buyers may be further de- terred from buying child sex. and hospitality workers are trained in problems and associated with child exploitation, they are could have a aware of the better chance at recognizing it when it occurs, resulting in bet- ter outcomes for exploited children. For instance, after a man- ager at a Days Inn Motel reported her suspicions that a guest was running an escort service, the man was arrested and is now serving 21 years in prison for prostituting a 17-year-old girl. their hotel was on the alert stances of child for exploitation and sex trafficking, buyers may be and was able to identify even in- less inclined to risk the transaction in the first place. against their will for long periods of time and form forced sex acts. to per- from buying sex if the consequence was appear in that the their local newspaper). name or photo would prostitution. tourism sector is well situated to educate potential purchasers about the dangers of buying sex and the rights abuses associ- ated with buying sex from children. Of the men who had ad- mitted to purchasing sex in the CAASE that study, 87% sex believed workers, including children, freely chose to enter thought that the majority of girls working in prostitution were fully informed about the sex trade before they entered, includ- ing the dangers and risks associated with it. 2013] sex. buying from them deter tively weeks. two almost for room hotel a in prisoned \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 49 26-FEB-14 8:32 cents forced into the sex trade and held in hotels). Met on Instagram york/news/2013/07/16/florida-woman-lured-to-nyc-by-brooklyn-man- forced-into-prostitution/ (reporting on trafficking victim locked in a hotel room and forced to have sex with multiple men for nearly two weeks). .com/article/20130729/NEWS05/307290075/ (reporting rescue of adoles- Pimps in Metro Detroit 34502-nyi_46-1 Sheet No. 54 Side A 02/26/2014 09:18:43 02/26/2014 A 54 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 54 Side B 02/26/2014 09:18:43 For 229 [Vol. 46:55 meaning- any Clearly, the lack 227 AND POLITICS http://www.gbcat.org/?page_id=34 BCAT, , http://www.gbcat.org/res/gbcat.pdf. G , A particular point of emphasis for the BCAT Beyond the promulgation of codes, col- G 228 , 230 note 1, at 213. http://www.gbcat.org (last visited Oct. 18, 2013) (identi- INTERNATIONAL LAW supra , BCAT, G ARA See K Mission, Approach, Focus Corporate Brochure Global brands beyond the tourism sector have recently Collectively, hotels and other tourism businesses can lev- 230. 227. 228. 229. example, in addition to Carlson, gBCAT members include the Manpower Group, Microsoft, Coca Cola, Delta Airlines, Ford, and Exxon Mobil. of efficiency or operational losses crease the demand may for child sex not trafficking, but significantly de- ful decrease in profits will work against the primary incentive that drives child sex trafficking. teamed up in the fight against human trafficking and modern slavery. The Global Business Coalition Against ficking (gBCAT) was launched in 2012 to “mobilize the power, Human Traf- resources and thought leadership of the business community to end human trafficking, including all forms of forced labor and sex trafficking.” fying these companies as “Members”). organization is sex trafficking, raising awareness of policies company to combat sex trafficking most notably in tourism. However, travel gBCAT’s membership and is made up of more than businesses in the travel and tourism sector as the organi- zation “seeks to end forced labor by leveraging resources and engaging large-scale collective action against slavery.” sharing solutions can offer constructive operational guidance to industry actors that are committed to becoming a part of laborations through coalitions that are working to end traffick- ing through multi-stakeholder initiatives that tions foster between connec- businesses, governments, international organi- zations, nongovernmental organizations, and civil society for the net profit by only 10%, a trafficker would need to increase his prices by 24% to maintain their profits. erage their available resources and cooperate with law enforce- law with cooperate and resources available their erage ment to make it more difficult and expensive for traffickers to travel and find places for transactions to take place. Fewer ac- commodation options and higher costs can translate into de- creased efficiency, operational pimps. For losses, instance, if the collective work of businesses and in the lost travel industry were able to increase operational cost and drop profits for 104 \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 50 26-FEB-14 8:32 (last visited Mar. 9, 2013). 34502-nyi_46-1 Sheet No. 54 Side B 02/26/2014 09:18:43 02/26/2014 B 54 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 55 Side A 02/26/2014 09:18:43 105 For in- 236 81 (2006) (cit- . 78, Third, the argu- the Third, EV 234 . R US . B The Link Between Competitive Ad- ARV H , This perspective “asks that its 232 Consequently, corporations must meet must corporations Consequently, IN GOOD COMPANY 235 Second, the sustainability argument empha- 233 at 81–82. at 82. First, the moral argument states that companies Id. Id. Id. Id. Id. 231 According to scholars Michael E. Porter and Mark R. Competitive Advantage 231. Michael E. Porter & Mark R. Kramer, 232. 233. 234. 235. 236. ment for license to operate derives from the notion that every corporation needs permission from government and commu- nities to do business. stance, corporations such as Ben & Jerry’s, Patagonia, and the members ‘achieve commercial success in ways that honor ethi- cal values and respect people, communities, and the environment.’” natural vantage and Corporate Social Responsibility sizes a community stewardship, needs of defined the present without as compromising the “[m]eeting ability of ture generations to meet their own needs.” fu- the the needs and expectations of external stakeholders shareholders beyond simply to retain the privilege to remain in busi- ness. Finally, the reputation argument maintains that CSR ini- tiatives are worthy endeavors on en- brand, its strengthen image, company’s a “improve to serve the grounds that they will liven morale, and even raise the value of its stock.” Kramer of Harvard Business School, there are generally four arguments offered to justify CSR initiatives: (1) moral obliga- tion, (2) sustainability, (3) license to operate, and (4) reputa- tion. 2013] the solution. Business enterprises across that sectors and elect regions to to combat find collaborate human themselves in good company. trafficking To the extent that will industry engages in corporate social responsibility efforts that fulfill the responsibility to respect and support the human rights of chil- dren, it may reap rewards. 3. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 51 26-FEB-14 8:32 should “do the right thing.” ing the mission statement of Business for Social Responsibility as “the lead- ing non-profit CSR business association in the United States”). 34502-nyi_46-1 Sheet No. 55 Side A 02/26/2014 09:18:43 02/26/2014 A 55 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 55 Side B 02/26/2014 09:18:43 Rep- WARD TO 242 EPUTATION A good [Vol. 46:55 A 237 . R . 243 ORP EADERS C L , 7 , Indeed, “it would 1, 1 (2006). . 1528 (2011). 241 USINESS Corporate Social Responsibility, B KTG , , Exploring the Financial Value of a Rankings and indices that AND POLITICS J. M . 1528, 238 CI Consequently, CSR has be- , 70 . S 239 GMT note 231, at 78 (“Myriad organizations rank M http://businessleaderaward.org/backinfo.htm 57 , supra Corporate Social Responsibility and Competitive Advantage: Competitive and Responsibility Social Corporate INTERNATIONAL LAW Presumably, being associated with the child RAFFICKING 240 T at 83 (“A few corporations, such as Ben & Jerry’s, Newman’s 329 (2005). UMAN See id. Background Info on Human Trafficking Id. H Corporate social responsibility in the hotel and tourism The commitment to an anti-trafficking policy could en- . 327, 237. 238.al., et Du Shuili 239. Porter & Kramer, 241. 242. 243. Karen E. Schnietz & Marc J. Epstein 240. For an analysis of how CSR affects financial outcomes of firms, see EV IGHT build trust and develop good working relations, especially con- tacts between multinationals and local communities.” measure CSR performance attract consumer attention decision-making. and influence petitors by increasing revenue or reducing costs. utation as a trustworthy business and a facilitates more complex good and long-term stakeholders communicator and may enhance a corporation’s ability to outperform against its com- reputation can be enormously important to a company’s suc- cess. A 2009 study that analyzed 400 of America’s top corpora- tions found that the company’s reputation generally ac- Own, Patagonia, and the Body Shop, have distinguished themselves through an extraordinary long-term commitment to social responsibility.”). pact profits and consumer choices to buy perceptions. are influenced by industry is a strategic imperative. come a priority for these businesses. The relative esteem general consuming the public has for a business or brand can im- F R sex trade could adversely impact the reputation of a business and its returns. irreproachable the and company the of operation safe the sure conduct of its personnel at all levels, in turn demonstrating a high distinction of its business image. 106 Body Shop, have set themselves apart from their competitors through their commitments to social responsibility. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 52 26-FEB-14 8:32 Reputation for Corporate Social Responsibility During a Crisis a During Responsibility Social Corporate for Reputation Overcoming the Trust Barrier, generally, Xueming Luo & C.B. Bhattacharya, Consumer Satisfaction and Market Value companies on the performance of their [CSR], and, despite sometimes ques- sometimes despite and, [CSR], their of performance the on companies tionable methodologies, these rankings attract considerable publicity.”). (last visited Nov. 8, 2013) (describing the quire if gains they adopt corporations an anti-trafficking stand policy). to ac- 34502-nyi_46-1 Sheet No. 55 Side B 02/26/2014 09:18:43 02/26/2014 B 55 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 56 Side A 02/26/2014 09:18:43 107 http:// Consumers 249 available at http://digitalscholar (Apr. 1, 2010) (professional , app. 2, available at NDEX I For instance, “[t]hirty hospi- Moreover, a good reputation is reputation good a Moreover, How Corporate Social Responsibility Influ- 246 244 note 243. EPUTATION 247 IN GOOD COMPANY R The child sex trade in the United States , supra Additionally, research demonstrates that note 238, at 4–5. 251 250 This indicates that consumers who trust a In short, “reputations have considerable hid- 248 ORPORATE supra 245 C at 4 (explaining that in social psychology research, “trustworthi- (internal quotation marks omitted). at 13. LOBAL Id. G Id. Id. Id. Based on focus groups and a quantitative field survey, Consumer Loyalty 248. Du et al., 249. 244. 246. 247. Chia-Chun Saprina Chiang, 250. 251. 245. Schnietz & Epstein among consumers. have a choice when it comes to travel and may their business choose with businesses to that are do dedicated to protecting CSR a developing by that indicates also research This children. policy, businesses get more favorable behavioral reactions is an emerging issue around which there is growing awareness. Taking action today could yield reputational returns to- business are more likely to be loyal customers. tation Index have reported a strong correlation between CSR and their bottom-line.” tality and travel brands listed in the Fortune Corporate Repu- ship.unlv.edu/cgi/viewcontent.cgi?article=1599&context=thesesdisserta tions. good for stock prices because it that allows the business is capable of delivering stakeholders valued outcomes and to trust competitors cannot imitate having stakeholders. a good reputation with a. companies with a CSR initiative that engages its employees or consumers result in a greater consumer trust—even leading in brands. non- 2013] counted for 16% of it value. den value as a form of insurance” by providing competitive ad- vantage among competitors. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 53 26-FEB-14 8:32 “a brand’s CSR initiative offers a competitive advantage when it addresses a key concern of the brand’s consumers and cessitates their active participation rather than having ne- them be passive beholders.” ences Employee Job Satisfaction in the Hotel Industry paper, University of Nevada, Las Vegas) 4, ness . . . has been shown to be the single most important interdependent characteristic” relationships). in old.fas.org/Index/Summary.aspx (last visited Nov. 15, 2013). 34502-nyi_46-1 Sheet No. 56 Side A 02/26/2014 09:18:43 02/26/2014 A 56 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 56 Side B 02/26/2014 09:18:43 Moreo- [Vol. 46:55 254 Therefore, Therefore, it 253 256 AND POLITICS Moreover, researchers estimate 252 note 247, at 10. INTERNATIONAL LAW This increase in employee satisfaction creates a supra 255 at 4. at 19. at 4. Id. Id. Id. Id. People want to work for companies that care about their Additionally, having a trustworthy and socially responsible Employee Satisfaction 253. 254. 255. 256. 252. Chiang, and collaborating with stakeholders, businesses who set a tone rale and organizational commitment, greater CSR profit and growth. can help create is important to understand that by improving employee mo- ver, when businesses fulfill their employees’ expectations as a socially responsible organization, it encourages employees to have better work attitudes, an increased sense of purpose, and a pride in the organization. sense of CSR belonging among can employees and enhance also their self- help the in others help to opportunity an them providing by esteem generate a community. that the cost of turnover in the hospitality industry is approxi- mately $5,000 in lost productivity and earnings. the sense that they are being valued and respected. to avoid costs associated with employee turnover and decrease employee turnover rates, it should be essential for industry to the prioritize CSR hotel in its business. customers, employees, and the community because they want stronger commitment to the organization, which increases re- tention and productivity. Moreover, that a corporation’s commitment to CSR has become a benefi- research demonstrates employees. prospective recruiting in factor cial brand can likely increase employee employee turnover. Indeed, satisfaction “[i]t is widely recognized that and the reduce hotel industry has a relatively higher employee turnover rate than other industries do.” 108 morrow. By adopting a code of conduct—such as the Code— that is committed to respecting and rights of supporting children the will stand human in good company gain a competitive advantage in over those businesses that lag be- position to hind. b. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 54 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 56 Side B 02/26/2014 09:18:43 02/26/2014 B 56 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 57 Side A 02/26/2014 09:18:43 109 Similarly, 257 note 231, at 82. Caveats and Concerns IN GOOD COMPANY supra note 238, at 1. D. note 247, at 4. supra supra 258 at 83 (“[F]or these companies, the social impact achieved, Therefore, businesses can likely avoid these draw- In line with this perspective, more and more corpora- more and more perspective, this with line In at 92. 260 Similar research suggests that many top hospitality 261 See id. Id. 259 To the extent there are any drawbacks associated with the Indeed, as one commentator has stated, “[p]erceiving so- For any business, the commitment to long-term economic 261. Du et al., 257. Porter & Kramer, 258. 259. 260. Chiang, the types of CSR initiatives that merely make consumers aware of the social issue, but do not offer garding the business’s role in eliminating any that issue yield mini- real information re- mal benefit. much less the business benefit, is hard to determine. Studies of the effect of a company’s social reputation on consumer purchasing preferences stock or market on performance have been inconclusive at best.”). rations demonstrating sustained commitment. adoption and implementation of the Code, the primary chal- lenges seem to include producing only minimal social impact and receiving skepticism from consumers rather than loyalty. In the literature, these drawbacks have been associated prima- rily with those corporations that have metic fixture or public relations stunt rather treated than those corpo- CSR as a cos- cial responsibility as building shared value rather than as dam- age control or as a PR campaign will require dramatically dif- ferent thinking in business. We are convinced, however, that CSR will become increasingly important to cess.” competitive suc- 2013] \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 55 26-FEB-14 8:32 backs by being clear about the hotel’s role in eliminating child sex trafficking, engaging consumers in the process, and adopt- ing a policy that creates such as the accountability Code. in the corporation, well-being is imperative, and one major strategy to accomplish this is to have a competitive advantage over rival corporations. Thus, for many leading businesses, CSR is not merely an ethi- cal response to society, but it is a business strategy to achieve objectives certain while world. at the same time bettering the websites. companies including Marriott, Hilton, Starwood, and Choice Hotels often share their CSR information on their company 34502-nyi_46-1 Sheet No. 57 Side A 02/26/2014 09:18:43 02/26/2014 A 57 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 57 Side B 02/26/2014 09:18:43 VE- : E [Vol. 46:55 RAFFICKING T The business com- UMAN 262 ., H AND POLITICS http://www.unglobalcompact.org/ OMPACT ET AL 264 These statistics clearly demonstrate ONCLUSION C C available at 263 LOBAL G note 247, at 4. INTERNATIONAL LAW (2009), ATIONS supra N (discussing how “the connection between human trafficking USINESS NITED B S U See id. ’ One reason businesses in the travel industry have not ap- No corporation can solve society’s problems alone, but 263. 262. Chiang, 264. leadership, there are still too committed to the many Code or laggards joined in the that efforts of gBCAT. have not of appreciation of lack their is consistently initiatives CSR plied the myriad of issues associated with child sex trafficking. In a 2009 ‘Private Sector Survey on Human Trafficking’ conducted by the U.N. Global Compact and UNGIFT, “less than 20% of participants indicated that human trafficking posed a serious threat . . . and only 31% identified being motivated to address human trafficking in order to manage risk and maintain company’s the reputation.” munity can create an inhospitable environment for those en- some While trafficking. sex child of business illicit the in gaged in the tourism and travel industry have demonstrated strong RYBODY docs/news_events/9.1_news_archives/2009_03_27/Story_Survey_Final.pdf. and business has yet to be sufficiently recognized by most the companies” consequences and that result from this). sential test that should guide CSR is not whether a cause is each company can help to promote human rights protection by identifying those issues that intersect with its core business and work toward solving those problems. This means each cor- poration needs to account for the social issues that most have potential the impact and set clear goals. Indeed, “[t]he es- tent with business responsibility to respect human rights as set forth in the U.N. Guiding Principles. More critically companies examine must the relationship between child sex traffick- ing and business activities. that there needs to be more education enable of them industry to identify actors adverse human to rights impacts consis- 110 tions are engaging in CSR their initiatives business dealings. Businesses have begun to realize that a that are connected to competitive advantage and growth in profitability are depen- dent upon their reaction to the social and environmental con- sequences of how business is conducted. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 56 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 57 Side B 02/26/2014 09:18:43 02/26/2014 B 57 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 58 Side A 02/26/2014 09:18:43 111 This demon- Accordingly, it 268 266 During the game, two victims 267 note 231, at 84. Accordingly, many leading compa- IN GOOD COMPANY 265 note 3, at 64. note 42. supra supra supra ., MITH ET AL S Id. As long as individuals in the community are willing to 265. Porter & Kramer, 266. 267. ECPAT USA, 268. trafficking; (2) increase employee satisfaction; and gain a competitive (3) advantage with a good business help reputation. strates that with a clear and consistent plan, the private sector can successfully supplement law enforcement’s efforts through their CSR initiatives. If corporations were to analyze their pros- pects for socially responsible business practices using core bus- iness strategies, they would discover that CSR could be more than just a public relations tactic or charitable obligation. CSR can be a great opportunity for innovation and competitive ad- vantage. By adopting a socially responsible policy against child sex trafficking, such as the Code, hotels and other travel busi- nesses can (1) avoid the legal risks associated with child sex were rescued and reunited with their families, including one victim that had been trafficked for five years. dius of the football stadium. sector can gain a good business reputation. In turn, they may giving consumers, from commitment and trust further develop them a competitive advantage among competitors. purchase sex from children, must be these overcome. Law investigative enforcement challenges officers first to detect or are come in contact with child rarely sex trafficking vic- the tims. Successful training initiatives are those that involve multi- ple disciplines and a variety of professionals. is imperative that all that encounter these children cated. For example, are in preparation of edu- the 2011 Super Bowl in Indianapolis, human rights organizations ment together and reached out to law 220 hotels within enforce- a 50-mile ra- nies, such as Carlson, are starting intangible assets to such as a good reputation or trust in the com- recognize the value of munity. By developing a transparent CSR policy against child sex trafficking that engages communication consumers with and the community, develops the good hotel and tourism 2013] worthy but whether it presents an opportunity to create shared valu- also is value—thatthat society for benefit meaningful a is, able to the business.” \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 57 26-FEB-14 8:32 34502-nyi_46-1 Sheet No. 58 Side A 02/26/2014 09:18:43 02/26/2014 A 58 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 58 Side B 02/26/2014 09:18:43 In- 272 Many demand [Vol. 46:55 274 business to In order to and any 269 Moreover, there quoting Jody Raphael, 271 5 ( AND POLITICS note 216, at supra , This means the travel and tourism Although the hotel and tourism indus- 273 note 40, at 4 (discussing the travel industry’s role in 270 OSWAMI INTERNATIONAL LAW note 4. & G supra , (discussing the need to decrease demand). supra ECHT H URCHSLAG See id. Id. Id. D See Accordingly, it follows that hotels and the travel industry Child sex trafficking is a business, and for While globalization contributes to the increased supply of 270. 271. 272. 273. 269. Kara, 274. needs to be an aggregate effort to attack the demand created by the buyers to begin eliminating child sex trafficking. upset the business of sex trafficking, the supply must be decreased. deed, “if we don’t work to men’s stem bodies in the the sex demand trade industry, that for demand will young con- wo- tinue to be met by coercion, violence, and exploitation of vul- nerable young girls.” travel businesses, especially hotels, can take active measures to condemn the exploitation of children ensuring while their simultaneously business complies with rights norms. international Even with human no clear link to the private sexual tourism exploitation, and travel sector could play an important role in its elimination because it can help strengthen its brand and improve employee satisfaction. child sex slaves, it may also be utilized in the efforts to elimi- cause whether by commission or omission, the travel industry is involved in the sexual exploitation of children. industry has an especially advantageous position to help com- bat child sex trafficking because of the vast number of employ- ees working in the hotel and tourism industry. should develop CSR initiatives against child sex trafficking, be- traffickers, particularly with severe economic penalties that ne- gate the underlying purpose of the crime. try cannot change the sexual desires of buyers, they can help decrease the demand by decreasing the number of buyers and to needs There police. by caught getting of risks the increasing be a more collective effort to investigate and punish child sex be successful, it requires a supply and demand. 112 \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 58 26-FEB-14 8:32 former executive director of search). the Chicago-based Center for Impact Re- undermining the first World Congress against the Commercial ploitation Sexual of Children). Ex- 34502-nyi_46-1 Sheet No. 58 Side B 02/26/2014 09:18:43 02/26/2014 B 58 Side No. Sheet 34502-nyi_46-1 34502-nyi_46-1 Sheet No. 59 Side A 02/26/2014 09:18:43 113 Implementing awareness 275 note 3, at 45 (noting the importance of devel- IN GOOD COMPANY supra ., MITH ET AL S See 275. ble people, there could be increased reporting and tion prosecu- of child sex trafficking. campaigns and codes of conduct within national and interna- to necessary efforts united the create could corporations tional educate and teach people to recognize the crime of child sex trafficking when it occurs. Accordingly, with policies in place, increased awareness, and the availability of more knowledgea- 2013] nate child sex trafficking. Children at risk may and be identified better protected by developing awareness procedures and that educate create people. \\jciprod01\productn\N\NYI\46-1\NYI102.txt unknown Seq: 59 26-FEB-14 8:32 oping identification procedures). 34502-nyi_46-1 Sheet No. 59 Side A 02/26/2014 09:18:43 02/26/2014 A 59 Side No. Sheet 34502-nyi_46-1