The recent international efforts to end commercial sexual exploitation of children.

• Author: Jullien, Karene

On February 15 1995, English writer John Stamford faced charges in Belgium for illicit publication and encouraging sexual exploitation of children. (1) How could an ex-Anglican Pastor be involved with child pornography or child prostitution?

Stamford was the publisher and editor of Spartacus, the first tourist guide catering to homosexuals. Available since 1970, the book was an instant success. It was presented in more than 150 countries, translated into five languages and sold more than 60,000 copies per year for 25 years. (2) Even with the original controversy surrounding the publication, it was not apparent that Stamford was involved with commercial sexual exploitation of children until an encoded message, hidden within the guide, was later discovered to be oriented toward pedophiles.

Stamford's indictment was one of the first public legal efforts to deter sexual exploitation of children in the world. However, it took 13 years for the authorities to take action. From 1981, the organization Terre des Hommes had been denouncing Stamford's activities and had repeatedly asked Interpol to investigate. (3) Today, it has been established that Stamford was not only the editor of Spartacus, the tourist guide, but was also the head of "Spartacus," a pedophile organization. With approximately 30,000 members worldwide, the ring shared addresses, home movies, photos, etc.(4) Stamford never lived to be convicted; he died of a heart attack in jail in December 1995. (5) With his death, all investigation on the "Spartacus Organization" ended. Moreover, there is nowadays a new edition of Spartacus, published by Bruno Gmunder Handels, from Berlin, which is available over the Internet or in different bookstores in Europe. (6) We are then inclined to wonder if any real progress has been made in the effort to end the commercial sexual exploitation of children.

Commercial sexual exploitation of children is not a recent problem but it has gained more public interest over the last decade. Up until the late 80's, with a mixture of indifference, apathy, denial, or even cynism, child labor and more specifically child prostitution was not an issue of major concern, at either national or international levels. (7) However, in 1989, the United Nations adopted the Convention on the Rights of the Child ("UNCRC") explicitly prohibiting child prostitution and illegal sexual practices with children under the age of 18. (8) Since then, an increasing number of governmental and non-governmental organizations have been pressuring both governments and the general public to take steps against the commercial sexual exploitation of children. In 1990, the international campaign "End Child Prostitution in Asia Tourism" ("ECPAT") was launched in Thailand. In 1996, the organization arranged the first World Congress against commercial sexual exploitation of children, in Stockholm, Sweden. (9) In 1999, the International Labour Organization ("ILO") adopted the Convention 182, directed against the Worst Forms of Child Labour and child exploitation. (10)

These are examples of international efforts that took place during the last decade to mark an end to the commercial sexual exploitation of children. The subject is not taboo anymore. International organizations have influenced some governments to take actions to protect the children. Many industrialized countries in Europe, the United States of America, and Australia have adopted new laws or extended their existing legislatures to authorize their local courts to prosecute citizens having sexual intercourse with minors (11) outside their home countries. (12) Currently, there are over twenty countries with extraterritorial legislations prohibiting the sexual exploitation of children. (13) Simultaneously, developing countries such as Brazil and Thailand have reinforced their laws and social programs to protect children, to treat them as victims rather than offenders. (14) This paper analyzes how effectively the new legal reforms prevent or deter commercial sexual exploitation of children. Part I summarizes how child prostitution and trafficking have developed. It explains how economic, social, and cultural conditions favored the sexual abuse of children. Part II focuses on specific actions taken by the international community to protect children and prevent sexual abuse. Part III explains how different governments intend to fight and prosecute sex tourism. Finally, part IV raises the limits of national and international laws against child prostitution and makes recommendations.

I--CHILD SEX TOURISM AND OTHER COMMERCIAL SEXUAL USE OF CHILDREN: CAUSES AND CONDITIONS OF THE DEVELOPMENT

Sex tourism, child trafficking, and sexual slavery are all linked to the longstanding issue of child prostitution. Even if the international community has outlawed such form of prostitution since the early 20th century, (15) the phenomenon was spreading. Child prostitution reached the peak of its popularity in the late 50's when foreigners (mostly from rich industrialized countries), addicted to sexual intercourse with young boys and girls under the age of 14, discovered a "market" in Asia. In Sri Lanka and Thailand, children could be bought for a few cents for the night, the week, or the whole length of the business/pleasure trip. (16)

Today, it is almost impossible to pinpoint exactly how many children are used as sexual distractions due to the absence of accurate and reliable data. (17) Governments of the developing world tend to minimize the numbers while child advocacy organizations tend to inflate them. In Asia, UNICEF reported that one million children are involved in prostitution; (18) while the ECPAT reports there are over three million in India alone. (19) One thing is sure; the problem is not located only in Asia. The phenomenon has spread to Latin America, Africa, Eastern Europe, and even to western developed countries such as the United States. (20)

While industrialized nations blame developing governments for their laxism and failure to act against the sexual use of children, developing countries blame industrialized governments for letting their nationals create a large demand. It is true that without a demand there would not be a supply and that some governments allow child prostitution in order to attract the revenue from such tourism. However, the problem is more complex.

Socio-economic background of the supplying countries

Child prostitution is principally present in underdeveloped or developing countries in Asia, Africa, Latin America, and Eastern Europe. It is not a coincidence that such states do not have a stable or strong economy. They share the common traits of high unemployment rates, great discrepancy of revenue between the higher and lower income, absence of a middle class, and a low GDP per capita. A large part of the population is undernourished or malnourished and is dying of the consequences of malnutrition. (21) In addition, the poor level of sanitary conditions increases the high mortality rates. (22)

Still, minors constitute a large percentage of the population. For example, Brazil counts 40 percent of its population as being under the age of 18. (23) Most of the children are not enrolled in school and work legally or illegally to bring revenues to their family. Despite the fact that all countries--other than Somalia and the United States--have signed and recognized the Convention, few can fulfill their responsibility to provide free education for children of age to attend primary and elementary school. (24) Even where free education is available, most children do not have the luxury to attend schools; they have little or no formal academic instruction. (25)

Many live in rural areas where living conditions are sparse. Parents raise their children from a young age to work in the fields and to do domestic work of the family. (26) The number of these children used to labor from an early age amounts to 400 million worldwide. (27) They know of no other style of living. In more urban areas, the poorest part of the population lives in ghettos or in the streets. Some children were even born in the street, not knowing the luxury of a personal house or apartment. To live, they engage themselves in any legal or illegal activities that allow them to acquire money, food, or clothing. (28) This low social-economic background leads children to fight for their survival. In this context, sexual traffic and commerce flourishes by exploiting the misery of famished families. The majority of young boys and girls who, voluntarily or involuntarily, engage in prostitution do so for minimum economic revenues. They are the most vulnerable segment of the social pyramid and easily allured by promises of a job or better opportunities. They believe the "recruiter" is offering great job opportunities but end up in brothels or in the street. (29) Others just discover that selling their body is an easy way to obtain quick and easy money. They are self-employed or work in gangs, sharing the same living quarters. (30)

Cultural background of the children involved in prostitution and governmental overlook

Children are often viewed as assets by their families, as a way to gather some revenue and share the work. It is not uncommon in extremely poor regions that parents sell their sons or daughters, or exchange them for luxuries such as meat, or farm animals. Some parents just do not think of the consequences; others hope for a better life for their children working as maids or handymen in richer households. Whether or not parents are consciously acting for their own benefit or are under the misconception that they are providing greater opportunities for their kids, few ever see or hear about their child again.

The child's self esteem is also undermined by years of abuse suffered at home. Studies indicate that minors engaged in prostitution have often experienced incest and sexual abuse during the first years of their...