THE FORCED PROSTITUTION OF GIRLS INTO THE CHILD SEX TOURISM INDUSTRY

In Cambodia, the red light district at Svay Pak proudly claims to be home to the largest concentration of brothels in the country.⁽¹⁾ The village was designed with the intent of catering to the sex tourist.⁽²⁾ Voidee San is 15 and came to the brothel as payment to the brothel keeper for her family's debt.⁽³⁾ Vinh is probably about 13 years old.⁽⁴⁾ She stands in the door way of the brothel with an oversized red dress and heavy make-up on in an attempt to drum up business.⁽⁵⁾ She is trying to earn her passage back to Vietnam.⁽⁶⁾ These two girls are among estimated thousands of such girls in Cambodia.⁽⁷⁾ They are brought to brothels as household help until they are about 13, then they are sold as "cherry girls" due to their virginity.⁽⁸⁾ Virgins are sold from between 200 and 350 British pounds. Once a girl has lost her virginity she brings in less than half those amounts and risks being sold as a private sex slave.⁽⁹⁾ What is being done? Law enforcement is meager, some of Vihn's best customers are the police.⁽¹⁰⁾

Rosario Baluyot, a 12 year old girl, died an elongated and agonizing death due to broken bits of a vibrator lodged in her cervix by an Austrian sex tourist.⁽¹¹⁾ Rosario and another Filipino child, a boy, went to Dr. Heinrich Stefan Ritter's hotel room where he proceeded to bathe with both children.⁽¹²⁾ Dr. Ritter then focused on Rosario and forced an electric vibrator into Rosario's vagina.⁽¹³⁾ The device broke, leaving a five inch long screw in Rosario's cervix.⁽¹⁴⁾ She carried that screw in her body for nearly seven months before she was found on the street with green bile oozing from her mouth.⁽¹⁵⁾ She had initially sought medical help, yet fled the doctor's office, possibly afraid of being sent to jail.⁽¹⁶⁾

Rosario died alone and in the streets of her native Phillippines.⁽¹⁷⁾ She was deserted by her father after her mother died, four years earlier.⁽¹⁸⁾ While the story of Rosario is both shocking and disturbing, it is not the only one of its type, nor the last. In the Philippines alone, it is estimated that approximately one hundred thousand girls and boys are participants in the child sex tourism industry.⁽¹⁹⁾ The Philippines is second only to Thailand for child sex tourism, and even this dubious status is precarious -- according to the United Nations Children's Emergency Fund, the Philippines may actually take the number one status from Thailand.⁽²⁰⁾

What became of Dr. Ritter? He was sentenced to life imprisonment for the statutory rape of Rosario, but was acquitted when the Philippine Supreme Court reversed on evidentiary grounds.⁽²¹⁾ The reversal was based on reasonable doubt as to the evidence, where the issue was whether Rosario's age fell within the jurisdiction of the statutory rape statute.⁽²²⁾ In order do so, the prosecution was required to prove that Rosario was under the age of 12 years.⁽²³⁾ Since she was a street child there was some dispute over her actual age.⁽²⁴⁾ The Supreme Court reversed due to reasonable doubt as to the evidence of Rosario's age, despite Dr. Ritter's own admission of being with Rosario on the night the fragments lodged in her cervix.⁽²⁵⁾ The case of Rosario and Dr. Ritter is just an example of the way that laws fail to address the atrocities of the child sex trade industry. The term child sex tourism accurately describes the activity in which tourists participate, yet it falls short in conveying the situation of the children trapped in the industry. A more accurate phrase, this authors suggests, is forced prostitution of children into the child sex tourism industry. This Note will focus primarily on the struggle of girls and young women, up to the age of 18 years old. This is not to ignore the plight of the boys and young men also involved in this despicable industry, but merely to remain in keeping with the course for which this Note was written. Part II of this Note will explore some of the contributing factors of the forced participation of girls in the child sex tourism industry. Part III of this Note will set forth the relevant legal framework, in the context of international, regional, and national laws by which the state or individual may seek relief from the child sex tourism industry. The conclusion will set forth whether there is a viable solution to this troubling suppression of the world's females, given the preceding discussion of contributing factors and legal framework.

II. Factors That Cause Girls to be Forced into Prostitution in the Child Sex Tourism Industry: History, Economics, Discrimination, and Disease.

In 1989, the United Nations Working Group on Contemporary Forms of Slavery⁽²⁶⁾ concluded that possibly millions of children around the globe are involved in prostitution.⁽²⁷⁾ In 1994, the United Nations Children's Fund (UNICEF), stated that in Asia, approximately one million children were participants in prostitution.⁽²⁸⁾ Asia, while predominating the child sex tourism market, is no longer alone: there are now growing industries in Latin America, Africa, and Eastern Europe.⁽²⁹⁾ The above figures should be viewed with alarm, and the reader should be cautioned that due to the nature of the problem, it is very difficult to accurately estimate how many girls are forced into prostitution in a particular country.⁽³⁰⁾ This is not to say that the numbers are not significant; many non-governmental agencies have gathered large bodies of information which relate to the vast number of tourists involved with forced child prostitutes.⁽³¹⁾ The countries primarily involved as receiving countries⁽³²⁾ are: Sri Lanka, Thailand, Taiwan, and the Philippines.⁽³³⁾ For purpose of this Note, these countries will be the primary focus of discussion and it can be assumed that any general principles discussed apply to these countries.

A. The Historical Roots of Prostitution: Military Presence In Asia.

The history of forced prostitution of girls in Asia provides the first contributing factor. In the Philippines, Thailand, and Taiwan, large scale prostitution of girls is rooted in the Vietnam War.⁽³⁴⁾ Soldiers were either stationed in these countries or went there for rest and recreation.⁽³⁵⁾ In response to demand, brothels, bars and massage parlors, often staffed by girls, were established in ports and areas surrounding those countries.⁽³⁶⁾ In the post-war era, the governments of Thailand and the Philippines used the sex tourism infrastructure as a means to promote tourism.⁽³⁷⁾ The governments of these countries did not outlaw prostitution, in fact quite the opposite: the governments advanced the sex tourism industry by promoting sex tours.⁽³⁸⁾ Accordingly, it is no surprise that if such an industry were to develop, as it has, that it would develop there. The situation is analogous to having a type of soil which has the precise nutrients required by a particular type of fungus. Asia's prostitution infrastructure exploited by the government is the soil and the child sex tourism industry is the fungus. Without the nutrient-rich soil the fungus withers and dies. While simplistic, this analogy helps to illustrate the point that without this fundamental contributing factor, the child sex tourism industry may not have taken as strong a root hold as it has.

B. Economics: Poverty, Consumerism and Profits.

Economics is in large part, the most critical contributing factor to girls being forced into prostitution. The economic factor is multi-faceted: it encompasses not only the economics of a lucrative child sex tourism industry, but also the economics of a family desperate to feed and clothe itself. Poverty is defined as "the state or condition of being poor. See also Indigent."⁽³⁹⁾ Indigent is defined as "one who has not sufficient property to furnish him a living nor anyone able to support him to whom he is entitled to look for support."⁽⁴⁰⁾ This author has determined that such a lack of resources and financial means creates a very unique and disparate economic condition which leads people to commit acts which may be extremely difficult to fathom for those not so situated. It is suggested that poverty in the south countries⁽⁴¹⁾ is the predominate cause of forced prostitution of children.⁽⁴²⁾ Poverty in these countries has resulted in little or no education, employment, and/or resources.⁽⁴³⁾ Parents are desperate and in need of relief and when someone, often a scout offers to hire their child, the parents do not think to question precisely where their daughter is going, nor are they informed by the scout of their daughter's destination.⁽⁴⁴⁾ Many of these scouts roam villages looking for girls to "hire."⁽⁴⁵⁾

In addition to poverty as an economic strain on parents, the pressures of mass materialism and consumerism are also contributing economic forces that cause girls to be coerced into prostitution.⁽⁴⁶⁾ Some parents do know of their daughter's involvement in prostitution, but the desire for consumer goods in countries where poverty is widespread encourages them to sell their daughters in order to gain income to procure goods otherwise out of reach.⁽⁴⁷⁾ Some receive as much as one hundred U.S. dollars for girl babies sold in Thailand.⁽⁴⁸⁾ This author believes that this fact points to an erosion of values and to an even greater problem: while the family unit may have been valued more at one time, females were not included in that value system. Accordingly, while society may appear to be degenerating by forcing girls into prostitution, females have already been objectified, devalued and viewed as property to be disposed of accordingly.⁽⁴⁹⁾

The remainder of the economic equation derives from the revenues acquired by the receiving countries: the child sex tourism industry is extremely lucrative.⁽⁵⁰⁾ A 1920's fact finding mission of the League of Nations, declared that " 'profit . . . is at the root of the whole business [of forced prostitution].' "⁽⁵¹⁾ According to Worldwatch Institute, in 1995, the trading of children as a commodity had become a multi-billion dollar industry.⁽⁵²⁾ In rural Thailand, daughters are sold by poor and starving fathers for anywhere from $120 to $1200: the larger figure represented a year's salary, in 1995.⁽⁵³⁾ Given the absolute poverty of so many regions and the above figures, it is possible to see how a family could think that it is making a rational choice.

C. Gender Discrimination

Gender discrimination within a culture is in large part a contributing factor to girls being forced into prostitution.⁽⁵⁴⁾ Girls are allowed fewer economic and educational opportunities than their male counterparts.⁽⁵⁵⁾ Girls are viewed as sexual property in both cultural and religious contexts.⁽⁵⁶⁾ In the religious context, girls in India are used as temple prostitutes.⁽⁵⁷⁾ The result is that girls are confronted with almost insurmountable discrimination and are viewed as sexual objects for men. In the cultural context, around the world and regardless of economic resources, the development of sons is favored over daughters.⁽⁵⁸⁾ Sons are given greater access to education, which in turn leads to economic independence.⁽⁵⁹⁾ Additionally, girls are subjected to an unequal division of labor.⁽⁶⁰⁾ Gender discrimination compounded with the desperate conditions of poverty, means that families have less difficultly in making the decision to sell their daughters and forcing them into prostitution.

D. Fear of HIV and AIDS

Another factor which has lead to the rise of children being forced into prostitution is the increasing incidence of Human Immunodeficiency Virus (hereinafter HIV ) and Acquired Immunedeficieny Syndrome (hereinafter AIDS). The fear of the HIV virus has lead to the mistaken belief that children make better prostitutes because they are more likely to be free from the HIV virus.⁽⁶¹⁾ In actuality, the truth is quite the opposite: "The mucosal lining of the child's vagina, anus, and rectum are thin and disposed to rupture, especially because of sex acts upon the immature body of a child often involve some tearing of the tissue."⁽⁶²⁾ Once this occurs, HIV has free access to the blood stream and the child may then become infected.⁽⁶³⁾ Consequently, girls forced into prostitution are more likely to carry HIV and to spread the virus.⁽⁶⁴⁾ Accordingly, it is a misheld belief that child prostitutes will be free of HIV.⁽⁶⁵⁾ In fact, this is the population which is experiencing the largest growth in incidence of HIV infection.⁽⁶⁶⁾ Upon consideration, it is hard to conceive how anyone can believe that child prostitutes are less likely to be infected with HIV.

E. Weak Enforcement of Local Laws

Weak law enforcement in receiving countries has contributed to the forced prostitution of girls by allowing the industry to continue. Both the Philippines and Thailand have laws which would allow for prosecution of those involved with the child sex trade.⁽⁶⁷⁾ Yet, these laws are often not enforced against foreign tourists.⁽⁶⁸⁾ Often those convicted face deportation and no consequences in their home countries.⁽⁶⁹⁾ Or those convicted flee by paying off low-paid officials.⁽⁷⁰⁾ Investigations are often constrained by limitations of personnel or resources.⁽⁷¹⁾ Additionally, children fear prosecution themselves, so they do not cooperate with law enforcement personnel.⁽⁷²⁾

III. The Legal Frame-Work to Combat Child Sex Tourism

Recently the World Congress Against the Commercial Sexual Exploitation of Children convened in Stockholm in order to seek solutions to the growing child sex tourism industry.⁽⁷³⁾ The primary reasons cited for the growth of this industry were the inadequate international laws and enforcement resources, plus the lack of political will to combat the industry in affected countries.⁽⁷⁴⁾ Many sending and receiving countries do have laws in place which address the child sex industry.⁽⁷⁵⁾ New trends indicate that many western countries are now passing legislation⁽⁷⁶⁾ to allow for the prosecution at home of those who travel abroad and partake in the child sex tourism industry.⁽⁷⁷⁾ The Conference found that while this type of legislation was encouraging, there still exist barriers to effective prosecution.⁽⁷⁸⁾ Barriers to effective prosecution include the notion of double jeopardy: those who elect to be prosecuted abroad receive minimal sentencing or small fines and are then precluded from prosecution in their home country due to the principal of double jeopardy.⁽⁷⁹⁾

While it is true that the way the laws are structured currently do not seem to be effective in combating the explosion of the child sex tourism industry, it is important to understand the history of the present day legal frame-work and to be able to function within the present frame-work until more effective laws are in place. The rights of girls around the globe are being perpetually violated and those girls cannot wait for whomever to decide to create new laws. They must be able to seek protection now and therefore it is necessary to know what mechanisms exist to help these girls.

A. International Laws and Treaties

1. The Early Treaties

Early international efforts to protect females of all ages from various forms of exploitation included the International Agreement on Suppression of White Slave Traffic of 1904 (hereinafter the 1904 Agreement)⁽⁸⁰⁾ and the International Convention for the Suppression of the White Slave Traffic (hereinafter 1910 Convention).⁽⁸¹⁾ The 1910 Convention amended the 1904 agreement and provided a proscription against the hiring or seduction of a minor, even with her consent, for "immoral purposes".⁽⁸²⁾ The first problem with both the 1904 Agreement and the 1910 Convention is that both fail to explicitly address the forced prostitution of girls because both documents focus on the trafficking aspect involved.⁽⁸³⁾ Once a person arrives at the brothel the matter is considered to be more appropriately under domestic jurisdiction.⁽⁸⁴⁾ However, forced prostitution is what underlies the trafficking of girls.⁽⁸⁵⁾ The relationship is one of supply and demand. There is local demand for the product (prostitutes) and the supply of the product is imported (trafficking of girls). Therefore, the 1904 and 1910 Conventions only address part of the relationship, the import of the product (the trafficking of girls).

The second problem with the 1904 and 1910 Conventions is the use of the phrase "white slavery".⁽⁸⁶⁾ This phrase is ineffective in dealing with what is really happening to these girls which is forced prostitution (not slavery), and the fact that many who are being forced into prostitution are not white.⁽⁸⁷⁾ Under the 1904 Agreement, signatories were bound merely by their own promises to exchange information and to set up look-out posts for trafficking. However, this offered very little in the way of relief and was ineffective in slowing the pace of trafficking.⁽⁸⁸⁾ The 1910 Convention criminalized trafficking, but as noted, the problem only begins with trafficking: by ignoring the forced prostitution aspect, those girls and women located in brothels were viewed as coming under the domestic authority of the country where they were located and not under the jurisdiction of the Convention.⁽⁸⁹⁾

In 1950 the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others was opened for signature (hereinafter 1950 Convention).⁽⁹⁰⁾ The 1950 Convention continued the work of the Draft Convention of the League of Nations in 1921,⁽⁹¹⁾ which due to the outbreak of World War II never came into existence.⁽⁹²⁾ The League of Nations draft convention was significant because it was the first international treaty to directly address prostitution.⁽⁹³⁾ The 1950 Convention is significant because it directly addressed prostitution as well as international trafficking.⁽⁹⁴⁾ The terms of the 1950 Convention call for the signatory countries to prosecute those involved with the trafficking or prostitution of victims.⁽⁹⁵⁾ Additionally, the 1950 Convention calls for cooperative efforts in information sharing.⁽⁹⁶⁾ The major problem with the early conventions is that they merely require a cooperative effort by the signatories to prosecute those trafficking in girls and/or those involved in the prostitution industry. That is to say that the conventions called for states to enact legislation within their own borders, but did not directly call for action, or provide relief or remedy to individuals if they sought relief under these conventions.

2. The United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child (hereinafter UNCRC) was adopted by the United Nations General Assembly in 1989 and entered into force in 1990.⁽⁹⁷⁾ The UNCRC served to codify the provisions of the 1959 United Nations Declaration on the Rights of the Child.⁽⁹⁸⁾ Under the UNCRC anyone under the age of 18 years falls within the definition of a child.⁽⁹⁹⁾ The UNCRC offers two provisions which deal directly with exploitation of children and the child sex tourism industry.⁽¹⁰⁰⁾ Articles 34(a) and (b) and Article 35 require signatories to utilize national, multinational, and bilateral means to address and prevent sexual exploitation and prostitution of children.⁽¹⁰¹⁾ The UNCRC established the Committee on the Rights of the Child (hereinafter the Committee) to monitor the progress of the parties who must periodically report to the Committee.⁽¹⁰²⁾ The major weakness of the UNCRC is the fact that there is no means for state to state confrontation nor are there individual remedies. In fact, no relief is truly available under the UNCRC.⁽¹⁰³⁾ Its major focus is on education and cooperation.⁽¹⁰⁴⁾ While these are worthwhile endeavors, the problem of child sex tourism requires a remedy under the law which will provide relief for the girls ensnared in the trap of the child sex tourism industry.

3. Convention on the Elimination of Discrimination Against Women

The Convention on the Elimination of Discrimination Against Women (hereinafter CEDAW)⁽¹⁰⁵⁾ is a United Nations treaty which resulted from pressure exerted by women's rights groups upon the General Assembly.⁽¹⁰⁶⁾ By September 1981, CEDAW was ratified by the twentieth party, thereby making it "enforceable faster than any previous human rights convention."⁽¹⁰⁷⁾ Article 6 of CEDAW addresses the trafficking of women, requiring that "State parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation or prostitution of women."⁽¹⁰⁸⁾ One weakness of CEDAW is in the undefined terms used in Article 6, such as "appropriate measures" and "suppress".⁽¹⁰⁹⁾ How far must signatories' laws go in order to be appropriate measures?⁽¹¹⁰⁾ Would such measures address only those trafficking or pimping? Would they provide support for the victims or for the prosecution of prostitutes?⁽¹¹¹⁾ Does suppression mean strict criminal penalties or merely official admonitions against trafficking and forced prostitution?⁽¹¹²⁾ What is clear from the preamble is that CEDAW views trafficking as a human rights violation.⁽¹¹³⁾ Consequently, under CEDAW, an appropriate measure to address human rights violations would be legislation that ought to end human rights violations and as a result, end trafficking.⁽¹¹⁴⁾ Additionally, under CEDAW, legislation which would punish victims, whether by jail time or monetary penalties, is not a proper remedy.⁽¹¹⁵⁾

Enforcement of CEDAW may be problematic for two major reasons: 1) the enforcing governments' and societies' perception of women and 2) the refusal of countries to sign CEDAW because it is legally binding.⁽¹¹⁶⁾ First, many governments lack the political will to take affirmative action to protect girls and women from trafficking due to the perception that females are second class citizens.⁽¹¹⁷⁾ This in turn results in the protection of female rights being given minimal or non-existent priority.⁽¹¹⁸⁾ Consequently, many signatories ignore trafficking and their obligations under CEDAW.⁽¹¹⁹⁾ Second, because CEDAW is legally binding, many industrialized countries have refused to sign it.⁽¹²⁰⁾ Even if a country was a signatory to CEDAW, CEDAW's enforcement mechanisms are not the most effective means to address the issue of trafficking.⁽¹²¹⁾ CEDAW provides that one signatory may file a complaint against another before the International Court of Justice.⁽¹²²⁾ Therefore, an individual girl or woman trapped in the sex tourism industry has no remedy, unless she persuades her government to file a complaint.⁽¹²³⁾

In sum, the international laws predominately address trafficking and not forced prostitution once a girl or woman is located in a country. This tendency to focus on trafficking, while important to combating the child sex tourism industry, is only half the equation. In order for the above treaties to be truly effective, they would need to directly proscribe forced prostitution within the borders of the signatory countries. Additionally, enforcement is inadequate due to the lack of political will or participation. Even if a government were to sign the UNCRC or CEDAW, the remedies under those instruments are inadequate because individual victims have no method to enforce the treaties' provisions. Yet, these are the only means which exist now to attempt to address the human rights violation known as the forced prostitution of girls and women. If grass-roots groups and other non-governmental organizations were to exert pressure on signatory governments, perhaps some victims would receive some form of relief.

B. Regional Laws and Treaties

Rather than seeking relief through international law, there exist regional laws and treaties which may provide another mechanism for combating forced prostitution. Three regional human rights conventions are relevant: the African Charter on Human Rights (hereinafter African Charter),⁽¹²⁴⁾ the American Convention on Human Rights (hereinafter American Convention),⁽¹²⁵⁾ and the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter European Convention).⁽¹²⁶⁾ There is some thought that all three conventions may reduce any fundamental conflicts in what is meant precisely by human rights because they are regional conventions.⁽¹²⁷⁾ Where a convention addresses a more homogeneous dynamic it may be better able to produce substantive progress on eliminating human rights violations.⁽¹²⁸⁾ This author questions the soundness of the above reasoning. If a grouping of countries are notorious for not believing that girls and women are entitled to all the same basic human rights of males, why would any of those countries then be interested in guaranteeing that the human rights of females are not being violated?

Enforcement under the African Charter is structured upon a system calling for information collection and educational programs.⁽¹²⁹⁾ States complaints are taken and the African Commission on Human Rights⁽¹³⁰⁾ can only make non-binding recommendations, based on the complaints.⁽¹³¹⁾ At this writing the system is relatively young, as such it is difficult to determine whether it could be an effective means to address forced prostitution. The European and American Conventions provide more advanced enforcement mechanisms.⁽¹³²⁾ Most striking under the European Convention is the ability of an individual to bring a petition seeking relief from a state's violations.⁽¹³³⁾ Such persons must be affected by the violation in order to file, but there is no requirement of actual harm, the person must merely be directly affected by the violation of the European Convention.⁽¹³⁴⁾ Violations of the European Convention include any violation of any other international treaties to which the country is a signatory.⁽¹³⁵⁾ Accordingly, an individual can hold a country accountable, under the European Convention, for violations of international treaties when the individual might not otherwise be able to hold the violator itself accountable.⁽¹³⁶⁾

The effectiveness of the European Convention's enforcement is limited by jurisdictional and admissibility requirements.⁽¹³⁷⁾ In order for a petitioner to receive relief, the state named in the petition must recognize the Commission's jurisdiction over it.⁽¹³⁸⁾ This is not a strong block to individual remedies because all twenty-three parties to the European Convention have recognized the jurisdiction of the Commission.⁽¹³⁹⁾ Of more concern is the admissibility requirement which mandates that an individual must exhaust all domestic remedies before the petition will be received by the Commission.⁽¹⁴⁰⁾ This exhaustion requirement is a high threshold because if a respondent state raises the issue, it must demonstrate that the domestic remedy would have been "sufficiently certain not only in theory, but also in practice." Without such a showing, the petition will be allowed to proceed.⁽¹⁴¹⁾ On the whole, the American Convention mirrors the European Convention's enforcement mechanisms and its weaknesses as well.⁽¹⁴²⁾ On balance, these systems allow for a greater potential for actual relief to an individual plaintiff. However, often those forced into prostitution are not in Europe or America. While there is some amount of forced prostitution in those regions, the highest volume of individuals forced into prostitution are in Thailand, Sri Lanka and the Philippines.⁽¹⁴³⁾

C. National Laws

1. Sending Countries

The sending countries of the United States, Sweden, Australia, and Canada have all recently passed legislation or are considering legislation which would allow for the prosecution of its nationals for participation in the child sex tourism industry while abroad.⁽¹⁴⁴⁾ In Sweden, it is considered a crime to engage in sexual activity with a person who is under 15 years old, in Australia the age of consent is 16, and in the United States it is 18 years of age.⁽¹⁴⁵⁾ While Sweden and the United States are attempting to prosecute under the newly enacted laws, Australia has yet to do the same.⁽¹⁴⁶⁾ At the time of this writing, it is premature to state whether these laws will provide effective relief or efficient enforcement mechanisms. In Canada, the criminalization of engaging in overseas prostitution activities is coupled with efforts of local organizations in the south countries to protect children's rights, to educate the general populations, and to assist victims.⁽¹⁴⁷⁾

2. Receiving Countries

Thailand has recently begun to implement tighter enforcement mechanisms in order to decrease the child sex tourism industry in reaction to Thai product boycotts.⁽¹⁴⁸⁾ In September 1996, a two time member of the Thai parliament announced a four-prong strategy to address the child sex tourism industry.⁽¹⁴⁹⁾ The strategy calls for a strengthening of the laws allowing for prosecution of agents, pimps, and procurers. Additionally, the strategy focuses on helping more Thai girls receive an education and upon educating parents about the actual brutality of being a child prostitute in Thailand. This author questions whether this strategy will truly be effective in curbing the industry in Thailand, particularly when one considers the words of the Thai premier: "I have to admit we don't take it [child sex tourism industry] seriously enough . . . when it is a focus of public attention we get agitated about the problem but then we let it fade away again."⁽¹⁵⁰⁾ Unfortunately, this comment exemplifies the point made earlier that economics is a driving factor for the child sex tourism industry. Unless and until the countries begin to feel an economic sting because they allow the industry to continue, they will not truly attempt to eradicate the forced prostitution of girls into the child sex tourism industry.

IV. Conclusion

The forced prostitution of girls into the child sex tourism industry is due to many factors, primarily the large economic benefits derived therefrom and gender discrimination. Current international laws, such as the UNCRC and CEDAW, address the trafficking and forced prostitution of girls, but are largely ineffective. This is due to the lack of provisions which would allow an individual to seek remedies under international treaties and the lack of political will in signatory countries to legislate against the forced prostitution of girls. Regional treaties seem to offer a more effective means of enforcement since an individual can seek relief, and through that process may also seek relief under any international treaties to which the country is a member.

The drawback to filing under these regional agreements is that there are many procedural hurdles to overcome that can often serve to block claims. National laws have only recently begun to develop, and they seem to offer hope that a sex tourist can be prosecuted for participating in the overseas sexual exploitation of children. If economic sanctions were to be levied against receiving countries and criminal penalties were to be instituted in sending countries, then it is likely that the world would witness a substantial decrease in the forced prostitution of girls.

One hopeful endeavor is the efforts of Interpol. In 1992, the organization set up a working group regarding offenses against minors.⁽¹⁵¹⁾ The group consists of 30 countries which are prompted to share resources and information for investigating crimes regarding the sexual exploitation of minors.⁽¹⁵²⁾ For example, in August 1996, Thai police learned, from American investigators, of an operation to smuggle dozens of girls and young women to Japan as part of a sex ring.⁽¹⁵³⁾ As a result, the Thai police arrested four men involved with the sex ring.⁽¹⁵⁴⁾ This kind of cooperative effort, plus strong laws and social programs are what is required to truly stop the forced prostitution of girls into the child sex tourism industry.

1. Nick Rufford, Child Sex Trade Booms In Cambodia, Times Newspapers Limited Sunday Times, May 26, 1996, at Overseas News.

2. See id.

3. See id.

4. See id.

5. See id.

6. Rufford, supra note 1.

7. See id.

8. See id.

9. See id.

10. See id.

11. Margaret A. Healy, Prosecuting Child Sex Tourist At Home: Do Laws in Sweden, Australia, And the United States Safeguard The Rights Of Children As Mandated By International Law?, 18 Fordham Int'l L. J. 1852 (1995).

12. Id. at 1854.

13. See id.

14. See id.

15. See id.

16. Healy, supra note 11, at 1854.

17. See id.

18. See id.

19. Nirmal Ghosh, Big Manila Blitz On Sex Trade, The Straits Times (Singapore), Aug. 15, 1995, South-East Asia section, at 14, available in LEXIS, Nexis Library, Majpap File.

20. John Dikkenberg, Growth In Child Sex Trade 'Due To Feeble Attacks', South China Morning Post, Sept. 28, 1995, at 16, available in LEXIS, Nexis Library, Majpap File.

21. Philippines v. Ritter, Case No. 88582 (Phil.).

22. See id.

23. See id.

24. See id.

25. See id.

26. Report of the Working Group on Contemporary Forms of Slavery on its Fourteenth Session, U.N. Commission on Human Rights, 41st Sess., Agenda Item 14, at 9, U.N. Doc. E/CN.4/Sub.2/1989/39 (1989).

27. Healy, supra note 11, at 1860.

28. UNICEF, The Progress of Nations 39 (1994).

29. Healy, supra note 11, at 1861. In Latin America the predominate country for child sex tourism is Brazil. Laurie Goering, Fighting Lucrative Sex Trade a Losing Battle; Brazilian Poverty Breeding Young Prostitutes, Chicago Tribune, May 21, 1996, at 4 News. In Brazil, prostitution is legal and consequently, many young women and girls view it as a means to end economic destitution. Id. In many instances poverty is the reason girls are prostituted by their parents to sex tourists. As in Asia, Brazilian girls are kidnaped and forced into prostitution in the child sex tourism industry. Id. Some of the girls claim to be making a free choice because prostitution offers an extremely lucrative income source. But the question is whether a choice is truly free when made by 13 year old girls stricken with extreme poverty. Id. Says one 20 year old prostitute of her 'choice' when she was 13 "I know they don't have an option, just as I didn't". Id. Few legal remedies are available to these girls because prostitution is legal. Id. Additionally, although buyers may be charged with rape, the low age of consent, 14 years, often leads to evidentiary proof problems and fails to address girls age 15 and above. Id. Pimps may be charged with exploitation of girls under 18, but this is enforced minimally. Id. One social program, Woman's Life Collective, sponsored by UNICEF, identifies girls at high risk to become prostitutes. Jack Epstein, By Building Self-Esteem, Program Gives Poor Girls New Options, The Christian Science Monitor, Sept. 16, 1996, at 10 International. The Collective director, Marcia Dangremon, says of the program: "Our objective is to keep girls aged 13 to 17 from becoming prostitutes for the sex tourism trade. . .[t]o do that, the first thing we teach them is to stand up to their fathers." Id. The program provides counseling and support to help the girls develop self-esteem and provides a variety of educational components to assist the girls in becoming employable. Id. What result? Since the program's inception in 1992, 611 girls have graduated and none have turned to prostitution. Id. While this is not a legal solution, with more programs such as this one the potential exists to significantly reduce the number of girls forced into the child sex tourism industry.

In Africa, poverty is not the primary reason for forced prostitution of girls, rather girls are kidnapped by soldiers (in Angola, Rwanda, and Liberia), taken as slaves (Sudan), or sexually exploited while employed as household help. Judith Matloff, In Africa, Money Isn't Only Reason Young Girls Are Sexually Exploited, The Christian Science Monitor, Sept. 12, 1996, at 11 International. This is not to suggest that poverty is not a factor in the forced prostitution of girls in Africa, but that it is not the primary factor, as is the case in many other countries. Many social counseling and rehabilitative programs have developed to help African girls. Id. However, this author was unable to discover any domestic legal remedies.

30. Healy, supra note 11, at 1861.

31. Id.

32. The term 'receiving country' is used to indicate those countries are where girls are sent to work as child prostitutes. The term 'sending country' is used to indicate countries which have national participation in the child sex tourism industry. See Healy, supra note 11.

33. Healy, supra note 11, at 1861.

34. Id. at 1864.

35. Id. at 1865.

36. See id.

37. Id. at 1865.

38. Healy, supra note 11, at 1865-1868.

39. Black's Law Dictionary 1053 (5th ed. 1979).

40. Black's Law Dictionary 695 (5th ed. 1979).

41. The phrase "south countries" refers to those countries that are developing or underdeveloped and were also formally known as third world countries.

42. Healy, supra note 11, at 1869.

43. See id.

44. See id.

45. Id. at 1870.

46. See id.

47. Healy, supra note 11, at 1870.

48. See id.

49. The factor of gender discrimination will be discussed more fully in Part II.

50. Nora V. Demleitner, Forced Prostitution: Naming an International Offense, 18 Fordham Int'l L.J. 163, 171 (1994).

51. U.N. Dep't of Int'l Economic & Social Affairs, Study on Traffic in Persons and Prostitution at 1-2, U.N. Doc. ST/SOA/SD/8, U.N. Sales No. 59.IV.5 (1959).

52. George J. Byjak, The Children Condemned to Slavery, The San Diego Union-Tribune, Dec. 17, 1995, at G3.

53. See id.

54. Healy, supra note 11, at 1872.

55. See id.

56. See id.

57. See id.

58. Id. at 1872, citing United Nations Centre for Human Rights, UNICEF, The Girl Child 1 (Convention on the Rights of the Child).

59. Healy, supra note 11, at 1872.

60. Id.

61. Id. at 1871.

62. Id. at 1871-1872.

63. Id. at 1872.

64. Healy, supra note 11, at 1872.

65. Id.

66. Id.

67. Report of the Committee of Experts on the Application of Conventions and Recommendations, International Labor Conference, 81st Sess. at 140. This author was unable to directly consult those statutes, therefore this author is relying on the above report and other secondary sources.

68. Healy, supra note 11, at 1870.

69. Id. at 1871. However, this is now beginning to change as sending countries are starting to prosecute nationals upon return from a child sex tour, as will be discussed in Part III.

70. Healy, supra note 11, at 1871.

71. See id.

72. See id.

73. Paul Knox, Tough Global Child-Sex Penalties Sought, The Plain Dealer, Aug. 29, 1996, at 8A. At the time of writing this article, this author was not able to obtain any documents resulting from the World Congress Against the Commercial Sexual Exploitation of Children since the Congress convened so close in time to this Note was written. Therefore, this author has relied on news reports from that session.

74. Id.

75. Id.

76. In the United States, the Child Sexual Abuse Prevention Act of 1994 places a prohibition on nationals whereby it is now illegal to travel overseas for the purpose of having sexual relations with a person under 18 years of age. Pub. L. No. 103-322, 160001(g), 108 Stat. 2037 (1994) (to be codified at 18 U.S.C. § 2423(b)). In Sweden, Norway, and Germany nationals may be prosecuted for sex tourism under domestic laws. Penal Code ch. 2, 2; ch.6, 6, 7, 10 (Swed.) (Allmanna Forget 1990); Penal Code 12.3(a) (as amended 1989) (Nor.); StGB 5 (Ger.) (translated in ECPAT NEWSL., Spec. Ed. (1993)).

77. Knox, supra note 73, at 8A.

78. Id.

79. Id.

80. International Agreement on the Suppression of White Slave Traffic, May 18, 1904, 35 Stat. 1979, 1 U.N.T.S. 83 (entered into force 1905).

81. International Convention for the Suppression of the White Slave traffic, May 4, 1910, art. 1, 211 Consol. T.S. No. 20, at 267, amended by the Protocol Amending the International Agreement for the Suppression of the White Slave Traffic, Signed at Paris on May 18 , 1904 and the Internal Convention for the suppression of White Slave Traffic, signed at Paris on 4 May 1910, May 4, 1949, 2 U.S.T. 1997, 30 U.N.T.S. 23. Healy, supra note 1, at 1874, [hereinafter 1904 and 1910 Conventions, respectively]

82. 1910 Convention, supra note 66, art. 1, 2 U.S.T. 1997, 30 U.N.T.S. 23.

83. Demleitner, supra note 50, at 163.

84. Id. at 169.

85. Id. at 165.

86. Id. at 167.

87. Id. at 167.

88. Demleitner, supra note 50, at 168.

89. Id. at 169.

90. Id. at 172, citing to Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, art. 28, Mar. 21, 1950, 96 U.N.T.S. 271, 280.

91. Id. at 172, citing U.N. Dep't of Int'l Economic & Social Affairs, Study on Traffic in Persons and Prostitution at 1-2, U.N. Doc. ST/SOA/SD/8, U.N. Sales No. 59.IV.5 (1959).

92. Id. at 171.

93. Demleitner, supra note 50, at 171.

94. Id. at 172.

95. Id. at 172.

96. See id.

97. Conventions on the Rights of the Child, Nov. 20, 1989, G.A. Res. 44/25, U.N. GAOR, 44th Sess., Supp. No. 49, at 1, U.N. Doc. A/44/736 (1989), 28 I.L.M. 1448 [hereinafter UNCRC].

98. Healy, supra note 11, at 1876, citing the UNCRC 28 I.L.M. 1448 (1989).

99. Id.

100. Id.

101. Id.

102. Healy, supra note 11, at 1877, citing the UNCRC 28 I.L.M. 1448 (1989).

103. Id.

104. See id.

105. Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature Mar. 1, 1980, 1249 U.N.T.S. 14, 17 (entered into force Sept. 3, 1981) [hereinafter CEDAW].

106. Susan Jeanne Toepfer and Bryan Stuart Wells, The Worldwide Market for Sex: A Review of International and Regional Legal Prohibitions Regarding Trafficking in Women, 2 Mich. J. Gender & Law 83, 101 (1994).

107. Id. at 101, citing CEDAW, opened for signature Mar. 1, 1980, 1249 U.N.T.S. 14, 17 (entered into force Sept. 3, 1981).

108. Id., citing CEDAW, opened for signature Mar. 1, 1980, 1249 U.N.T.S. 14, 17 (entered into force Sept. 3, 1981).

109. Id., citing CEDAW, opened for signature Mar. 1, 1980, 1249 U.N.T.S. 14, 17 (entered into force Sept. 3, 1981).

110. Id.

111. See id.

112. Toepfer & Wells, supra note 106, at 101.

113. See id.

114. Id. at 102.

115. Id. at 102.

116. Id. at 105.

117. Toepfer & Wells, supra note 106..

118. See id.

119. See id.

120. Id. at 105, 106.

121. Id. at 106.

122. Id. at 106, 107.

123. Toepfer & Wells, supra note 106, at 107.

124. Toepfer & Wells, supra note 106, at 111, citing African Charter on Human and People's Rights, Jan. 19, 1981, 21 I.L.M. 58 (entered into force Oct. 21, 1986).

125. Toepfer & Wells, supra note 106, at 111, citing American Convention on Human Rights, Nov. 22, 1969, 1970, OAS T.S. No. 36, 9 I.L.M. 673 (entered into force July 18, 1978).

126. Toepfer & Wells, supra note 106, at 111, citing European Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, 5 Europ. T.S. 21 (entered into force Sept. 3, 1953) reprinted in Council of Europe, European Convention on Human Rights: Collected Texts 102 (1981).

127. Toepfer & Wells, supra note 106, at 112.

128. See id.

129. Id. at 113.

130. Toepfer & Wells, supra note 106, at 113, citing African Charter on Human and People's Rights, Jan. 19, 1981, 21 I.L.M. 58 (entered into force Oct. 21, 1986) (The Commission is charged with considering complaints from states regarding violations of the Charter) Toepfer & Wells at 113.

131. Toepfer & Wells, supra note 106, at 113.

132. See id.

133. See id.

134. Id. at 114.

135. See id.

136. Toepfer & Wells, supra note 106, at 114.

137. See id.

138. See id.

139. See id.

140. Id. at 115.

141. Toepfer & Wells, supra note 106, at 115.

142. Id. at 123-127.

143. See Dikkenberg, supra note 20.

144. Healy, supra note 11, at 1888; Lloyd Axworthy and Pierre Pettigrew, Canada Will Fight 'Sex Tourism' Scourge, Toronto Star, Aug. 27, 1996, at A1, available in LEXIS, Nexis Library, Majpap File.

145. Healy, supra note 11, at 1893-1894, 1898, 1906-1907, n275, citing to Penal code ch. 6, 6 (Swed.); n329, Crimes (Child Sex Tourism) Amendment Act 1994 (Austl.) (amending Crimes Act 1914 (Austl.)); n386, Child Sex Abuse Prevention Act, Pub.L. 103-322, 160001(g), 108 Stat. 2037 (1994) (to be codified at 18 U.S.C. §2423(b)).

146. Healy, supra note 11, at 1893-1894, 1900-1901, 1910.

147. Axworthy & Pettigrew, supra note 144, at A17.

148. William Barnes, PM Reacts to Export Boycott over Child Sex, South China Morning Post, Feb. 22, 1996, at 8, available in LEXIS, Nexis Library, Majpap File.

149. Muharyani Othman, MP's War on Child Sex Trade, New Straits Times, Sept. 5, 1996, at People section, at 7, available in LEXIS, Nexis Library, Majpap File.

150. Barnes, supra note 148, at 8.

151. Cameron W. Barr, The Child Sex Trade: Battling a Scourge, The Christian Science Monitor, Sept. 6, 1996, International section, at 10.

152. See id.

153. See id.

154. See id.