Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698926203972.pdf (Malaysia)
REFERENCE AND RESEARCH BUREAU LEGISLATIVE RESEARCH SERVICE 10th ASEAN INTER-PARLIAMENTARY ASSEMBLY (AIPA) CAUCUS MEETING KUALA LUMPUR, MALAYSIA 16 – 19 June 2019 COUNTRY REPORT ON THE LEGAL CHECK-LIST OF INTERVENTIONS TO PROTECT CHILDREN FROM SEXUAL EXPLOITATION IN TRAVEL AND TOURISM (SECTT) Country: PHILIPPINES LEGISLATION x NO.
RECOMMENDATIONS IMPLEMENTED 1. x Establish by law extra- jurisdiction, territorial within the parameters of Article Optional 4 Protocol on the Sale of Children (OPSC), for all offences sexual of exploitation of children, including those occurring in the online environment 2. in extradition Include treaties sexual the exploitation of children as extraditable offences and apply when appropriate the rules of Article 5 √ Republic Act No.
9208 Anti-Trafficking in Persons Act of 2003 REMARKS The Philippines does not exercise extraterritorial jurisdiction for offenses related to the commercial sexual exploitation of children.

Apart from specific MoUs with a number of countries, the Philippines has a standing Extradition Treaty with 12 countries, including the United States, on specific offenses and crimes punishable by imprisonment for more than one year.
This treaty is not specific to Commercial Sexual Exploitation of Children (CSEC) but can be applied to related offenses when these are punishable by more than one year imprisonment.

Together, the UN Convention on the Rights of the Child (CRC, 1989) and its OPSC, provide a solid legal framework for protecting children against all forms of sexual abuse and exploitation, including in the context of travel and tourism.

1 OPSC, regardless of the nationality of the (alleged) offender Republic Act No.
9775 Anti-Child Pornography Act of 2009 Republic Act No.

9262 Anti-Violence Against Women and Their Children Act of 2004 Article 5 also makes it possible for the Protocol to serve as a legal basis for extradition between countries that have signed the OPSC, but have not entered into cooperation agreements.

The Philippines is a signatory party to the UN CRC, the Optional Protocol to the CRC on the sale of children, child child prostitution pornography (since 8.09.2000).
and The Republic of the Philippines signed the Convention on the Rights of the Child (CRC) on 26 January 1990 and ratified the Convention on 21 August of the same year.

In addition, the Philippines ratified both Optional Protocols: on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography on 26 August respectively.
2003 28 May 2002 and The Philippines is also party to the following international conventions which directly or indirectly advance the rights of the child: the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) on 5 August 1981, the Convention on the Elimination of Racial Discrimination (CERD) on 15 September 1967, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 5 July 1995.
The Philippines also acceded the Convention against Torture and other cruel, inhuman or degrading treatment or punishment (CAT) on June 18, 1986 and the ILO Worst Forms to 2 3.

Do not apply the principle of double criminality for sexual offences against children x Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Act No.

3815 The Revised Penal Code Republic Act No.


9262 Anti-Violence Against Women and Their Children Act of 2004 of Child Labour Convention 1999 (C 182), ratified by the Philippines on 28 November 2000.

Republic Act No.
Republic Act No.

9208 makes illegal the following acts as trafficking for purposes of prostitution, pornography, or sexual exploitation: recruiting, transporting, transferring, harbouring, providing or receiving a person under the pretext of domestic or overseas employment; facilitating the marriage of a Filipino woman to a foreigner; offering or contracting marriage; undertaking or organising tours and travel plans; maintaining or hiring a person; or adopting or facilitating the adoption of persons.
These violations may be punished with twenty years’ imprisonment and a fine of between 1 and 2 million pesos.

Hence, the requirement of double criminality in relation to child-sex tourism offences must be eliminated.

According to the double criminality requirement, the offence must be prohibited both in the perpetrator’s country of origin and in the country the offence was committed.

Double where criminality is often required for certain sexual offences against children.
This means that extradition can only take place if the offence for which the person is sought by the requesting State is also punishable under the law of the requested State.

It is recommended that countries adopt legislation that enables them to establish and exercise extraterritorial jurisdiction without the criterion of double criminality.

3 4.
3 4.

5. for statutory Abolish the limitations prosecution of offences of sexual exploitation of children entry/leave Deny of foreigners convicted of sexual of children or set up strict their conditions travel exploitation for √ √ Act No.

3815 The Revised Penal Code It must be ensured that the applicable statute of limitation/period of prescription runs only once the victim has reached 18 years of age and not from the date of the alleged commission of the offence.
Our Revised Penal Code provides for prescription of crimes and offenses.

Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Republic Act No.

7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Republic Act No.
9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Child, Working Amending For This Purpose Republic Through the Department of Foreign Affairs, the Department of Social Welfare and Development and the Department of Labour and Employment, the Philippine Government is exploring bilateral, the regional and protection of Filipino migrants and nationals abroad.
international avenues for In the United Nations High-Level Dialogue (HLD) on International Migration and Development, the Philippines participated in a roundtable discussion centered on protective mechanisms for migrant workers, including the issues of human trafficking, human smuggling and refugees, especially of children and women, and vulnerable sectors such as domestic and agricultural workers.
All States should protect the human rights of migrants, in order to fully reap the developmental benefits of migration.

States could achieve that goal by to implement existing legal instruments related to migrants, their families and the rights they enjoyed.

Special attention should be given to women and children who are vulnerable to taking measures ratifying and 4 the Act No.
7610, As Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child Exploitation and Discrimination Act’ Republic Act No.

9262 Anti-Violence Against Women and Their Children Act of 2004 exploitation, abuse, discrimination and human trafficking.

The human face of migration must be considered, above all else.
The real scandal of migration – often hidden from the wider public was in the economic and sexual exploitation of migrant women and children; in the unfair trade practices that wrecked development in poor countries; in the divisive and deceptive media and their portrayal of the West as an “El Dorado- like” paradise; in the shameless exploitation of clandestine immigrants working in poor and little money; and hazardous conditions for especially in the huge commissions charged by institutions sending and receiving remittances.
Restrictions of passports, travel notifications and travel bans should be imposed in a justified and proportional way for travelling child sex offenders thus recidivism with a high potential necessitating child sex offender registries.

for These binding measures serve to monitor nationals convicted of child sex tourism through legislation that restricts their travel.

Also, it helps destination countries to monitor suspects or convicted perpetrators or to even deny them entry.
The term Travelling Sex Offenders (TCSOs) has become a widely used alternative to the inadequate tourist’ and describes concept of individuals who travel across jurisdictions to the ‘sex 5 facilitate the sexual abuse or sexual exploitation of children.

The U.S. government has lauded the Philippines for refusing entry to registered American sex offenders last year.
Immigration Commissioner Jaime Morente said the US Embassy commended the Bureau of Immigration for registering the second highest number of intercepted sex offenders in 2018, next to Mexico.
The US Embassy cited the BI’s port operations division, airport operations section, travel control and enforcement unit as well the border control and enforcement unit for successfully implementing the Operation “Angel Watch.” Angel Watch is a global initiative of the US Department of Homeland Security to monitor the movement of sex offenders.

Port operations division head Grifton Medina said 156 foreign sex offenders were barred from entering the country last year.

Of the number, 128 were Americans.


foreign Comprehensive and effective essential to protect children from CSEC.

legislation is Commercial sexual exploitation of Filipino children is taking place in various forms, namely, child trafficking, child prostitution, and child pornography.

6 √ Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Republic Act No.
7610 Special Protection of Children Against 6. for (such ‘child’ of the Define sexual purposes exploitation as exploitation in prostitution or involving child sexual exploitation material) as anyone under the age of 18, regardless of the age of sexual consent where there has been abuse of a trust, relationship authority or dependency of The extent of pornography in the Philippines is not that child yet exactly known.
Considering pornography is clandestine and illegal, the number of actual cases of child pornography may be higher than documented.

The Philippines has signed and ratified the principal international treaties relating to child rights such as the CRC, the OPSC and the the Trafficking Protocol.

At regional Philippines has adopted the ASEAN Declaration against Trafficking in Persons, Particularly in Women and Children.

level, Abuse, Child and Exploitation Discrimination Act Republic Act No.
9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Working Child, Amending For This Purpose Republic Act No.

7610, As Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child and Exploitation Discrimination Act’ the Republic Act No.

9262 Anti-Violence Against Women and Their Children Act of 2004 7 Republic Act No.

9775 Anti-Child Pornography Act of 2009 Republic Act No.
10364 Expanded Anti- in Trafficking Persons Act of 2012 Republic Act No.

7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Republic Act No.

9231 Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Working Child, Amending For This Purpose Republic Act No.
7610, As Amended, √ 7. to Provide criteria the determine whether consent sexual for activities between peers under the age of 18, or if there is a close-in-age voluntary, well- e.g.
informed and mutual, to avoid misunderstanding and non- clarify exploitative situations and to prevent criminalization in of young consensual sexual relationships people from excluded As children’s transition into adolescence happens, the influence of peers becomes increasingly strong, particularly for children lacking guidance school or from parents, experiencing neglect or abuse at home.
They look around and see the wider world, compare their situation with that of others and may feel deeply disadvantaged.

Such feelings are exacerbated by the increasingly consumption-oriented messages surrounding them that tie social status, prestige and acceptance to the possession of consumer goods.

As emphasized in the Stockholm Agenda for Action, peer education programmes can be instrumental in countering child exploitation.
The National Coalition of Children’s Associations in the Philippines is a body composed of 15 child representatives from 500 local Filipino children’s associations working for the defence of children’s 8 rights.

Currently, the group of children is giving theatre performances in schools and communities on children’s rights, and pays special attention to the issue of sexual exploitation.
the Otherwise Known ‘Special as Protection of Children Against Abuse, Child and Exploitation Discrimination Act’ Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Act No.

3815 The Revised Penal Code Republic Act No.


9262 Anti-Violence Against Women and Their Children Act of 2004 8. registry Development of a sex that offender complies with international standards on confidentiality and privacy x x Exchange of information among law enforcement agencies must be facilitated and national databases on CSEC should be established.

There is no law on the establishment of a National Sex Offenders Registry System in the Philippines.
Hotlines should be established to provide channels to report child exploitation.

for the public 9 9.

10. x x Exclude sexual offences committed abroad from bail or establish bail conditions that prohibit the (alleged) offender from traveling outside of the country penalties appropriately Provide severe for SECTT-related offences, including attempted crimes, and ensure asset forfeiture provisions are provided for in law and to allow for procedure asset during investigations seizure √ Republic Act No.
7610 Special Protection of Children Against Abuse, Child and Exploitation Discrimination Act Republic Act No.

9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Child, Working Amending For This Purpose Republic Collaboration between law enforcement agencies and NGOs is particularly important in this regard.
The Philippines does not exercise extraterritorial jurisdiction for offenses related to the commercial sexual exploitation of children.

Apart from specific MoUs with a number of countries, the Philippines has a standing Extradition Treaty with 12 countries, including the United States, on specific offenses and crimes punishable by imprisonment for more than one year.

This treaty is not specific to CSEC but can be applied to related offenses when these are punishable by more than one year imprisonment.
in Significant efforts have been undertaken Southeast Asia legal frameworks, but no country fully complies with the recommendations outlined in the OPSC, which address SECTT-related crimes.

to enhance national Only the Philippines has specific, robust national legislation describing and prohibiting SECTT.

10 the Act No.

7610, As Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child Exploitation and Discrimination Act’ Republic Act No.
9208 Anti-Trafficking in Persons Act of 2003 Act No.

3815 The Revised Penal Code Republic Act No.

7877 - Anti-Sexual Harassment Act of 1995 Republic Act No.

9262 Anti- - Violence Against Women and Their Children Act of 2004 Republic Act No.

9775 - Anti-Child 11 Pornography Act of 2009 Republic Act No.

9995 - Anti-Photo Video and Voyeurism Act of 2009 Republic Act No.

10175 - Cybercrime Prevention Act of 2012 Republic Act No.

10364 - Expanded Anti-Trafficking in Persons Act of 2012 Republic Act No.
10175 - Cybercrime Prevention Act of 2012 Act No.

3815 The Revised Penal Code √ 11.

Impose more severe sentences for recidivists who sexual commit offences against children, defining e.g.

by reoffending an aggravating circumstance, regardless of whether the as by out Sexual exploitation of children is sometimes carried criminal transnationally organizations or by individual persons who have been tried and convicted in more than one country.
At the domestic level, many legal systems provide for a different, often harsher, penalty where someone has previous convictions.

In general, only conviction by a national court counts as a previous conviction.

Traditionally, previous 12 crimes abroad or in-country are perpetrated 12.

Make reporting by professionals working with and children institutions that, due to their the nature of activities, may come across suspected cases of sexual exploitation of children (e.g.
healthcare professionals, social professionals, service teachers, law enforcement officers, Internet Service Providers (ISPs), credit and companies, card banks) mandatory by law and establish an effective system for receiving and addressing reports, with for strong sanctions convictions by foreign courts were not taken into account on the grounds that criminal law is a national matter and that there can be differences of national law, and because of a degree of suspicion of decisions by foreign courts.
Reoffending should be regulated as an aggravating circumstance in every country, regardless of the crimes being perpetrated abroad or in-country.

Under Article 14 of the Revised Penal Code, recidivism is one of the aggravating circumstances which increases criminal liability of offenders.

Hotlines should be established to provide channels for the public to report child exploitation.
The child helpline ‘Bantay bata 163’ was established as a channel for children to express their concerns, seek help and advice.

However, according to the Committee on the Rights of the Child, the helpline is only available to reach children living in the capital region.

The Philippine National Police (PNP) is tasked with establishing a system to receive complaints and calls to assist trafficked persons and conduct rescue operations.
It has increased the number of Women and Children’s Protection Desks to 1,793 police stations across the country.

13 √ Republic Act No.

7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Republic Act No.

9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Working Child, Amending For This Purpose Republic Act No.
7610, As report noncompliance; develop protection mechanisms for those who the crime; accept anonymous complaints as sufficient an evidence investigation to open the Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child Exploitation and Discrimination Act’ In addition, the Department of Labor and Employment (DOLE), through the Sagip Batang Manggagawa (Rescue Child Workers) - Quick Response Teams has developed rapid response teams that include police officers, social workers and NGOs.
These teams, acting on reports that children are being prostituted, conduct raids to arrest offenders and also provide immediate support for the children.

Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Furthermore, the National Bureau of Investigation (NBI) has specialized units such as the Violence Against Women and Children Division (VawCD), an Anti-Human Trafficking Division (AHTRAD) and INTERPOL Division.
Complementing these efforts is the establishment of the Women and Children Complaints Office under the Criminal Investigation and Detection Group – the investigation arm of the PNP.

It undertakes monitoring and surveillance of organized criminal groups involved in illegal recruitment, trafficking and the production of offensive materials and lewd shows.
Finally, while Family Courts have been established and are better able to address crimes against children, there are fewer than one hundred courts for the whole country and most are located in the big cities.
Under the Special Protection Act, reports of child abuse and exploitation are directed the Department of Social Welfare and Development, the National Bureau of the Commission on Human Rights Child Rights Investigation, to 14 13. identify obligatory Establish government-regulated child protection standards for the tourism industry for example, an regulatory appropriate authority and implement industry specific national codes for child protection as a legal requirement for tourism the industry in- country travel and to operate √ Republic Act No.
7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Republic Act No.

9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Working Child, Amending For This Purpose Republic Act No.
7610, As Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child Exploitation and Discrimination Act’ the Centre, the National Police Operation Centre, the Department of Justice Task Force on Child Protection, and the Local Barangay Council for the Protection of Children.

The Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism has been adopted by 24 private travel businesses, mainly hotel groups and agencies, region.
Unfortunately, greater scrutiny at leading hotels has driven SECTT offenders to use guesthouses, private rentals and low-budget hotels.

the Southeast Asian in Following its 1995 “Statement on the Prevention of Organised Sex Tourism” the WTO (now UNWTO) in 1999 adopted the “Global Code of Ethics” for Tourism (ratified at the time by 139 states, and in 2001 adopted by the United Nations).
The Global Code provided a frame of reference for sustainable and responsible tourism, with a set of 10 principles designed to guide key players in tourism development, including governments, the travel industry, communities and tourists, with the aim of maximizing the sector’s benefits while minimizing it’s potentially negative impact on the environment, cultural heritage and societies across the globe.
Since that time the UNWTO has promoted actions to ensure facilities and the services, infrastructure of the travel and tourism sector are not used for the purpose of sexual exploitation of children.

that 15 including sharing existing It has launched various initiatives to this effect through the World Tourism Network on Child Protection, local campaigns to raise awareness of the problem in tourism networks.
In 2008, the WTO “Don’t Let Child Abuse Travel” campaign was launched in collaboration with various partners including End Child Prostitution, Child Pornography and the Trafficking of Children for Sexual Purposes (ECPAT) International, ILO and UNICEF and a series of tourism stakeholders from different sectors, stressing that it is unacceptable for the industry and the travelling public to tolerate any form of sexual exploitation of children.

Presidential Decree No.


603 Child and Youth Welfare Code of the Philippines Executive Order No.

275, s. 1995 Creating a Committee Special the for Protection of Children from All Forms of Neglect, Abuse, Cruelty, Exploitation, Discrimination Other Prejudicial Development and Conditions their to Executive Order No.

53, s. 2011 Strengthening The Committee For The Special Protection Of Children, Amending For This Purpose Executive Order No.

275 (S. 1995) Republic Act No.


7610 Governments are aware that the private sector has enormous power to improve children’s lives 16 14.

Ensure the liability of the and private travel √ tourism sector for SECTT by taking the following legislative measures: a. Criminalize the organization of travel arrangements or transportations that are explicitly or implicitly to create or meant facilitate opportunities (involve) to sexual children activities.

engage in b.
Ensure by law that tourism and travel liable, companies are under criminal and/or civil law when, within the context of their the business, following acts occur: the - Procuring, aiding the or abetting exploitative sexual conduct with a child; - Organizing or travel making arrangements a person (or a group of for Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act through the way it operates its facilities, develops and markets products, provides services and exerts influence on economic and social development.
At the same time, the private sector has the power to disregard or even imperil the interests of children.

Republic Act No.

9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Working Child, Amending For This Purpose Republic Act No.

7610, As Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child Exploitation and Discrimination Act’ the Republic Act No.
9208 Anti-Trafficking in Persons Act of 2003 In relation to private sector responsibilities, the Universal Declaration of Human Rights has evolved as a common denominator for all have stakeholders.

undertaken initiatives to make sure that human rights and children’s rights are a core element of corporate social responsibility (CSR).
governments Several With the Universal Declaration of Human Rights as a framework, in 2011 the “United Nations Guiding Principles on Business and Human Rights (UNGPs) were adopted.

The UNGPs have become widely regarded by governments and businesses as the international framework of standards on the responsibility of business to take pro-active actions to ensure their policies do not infringe on human rights.
The UNPGs encompass three main pillars: • Governments’ duty to protect human rights • Corporate responsibility to respect human rights • Access to remedy for victims of business- related abuses The UNPGs could play an important role in tourism destinations where the vulnerability of children is related to weak governance.
17 persons) for the purpose of engaging a child or children sexual in activities; - Advertising or promoting sexual exploitation of children; Benefitting, by any means, from any form of sexual exploitation of a child (or children) in the context of their travel and tourism business sexual Criminalise the solicitation of children (‘grooming’) for purposes including through the use of the Internet and other information and communication technologies and regardless of the actual intention to meet the child 15.
Republic Act No.

9262 Anti-Violence Against Women and Their Children Act of 2004 Act No.

3815 The Revised Penal Code The best known industry-driven initiative to address SECTT is The Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism also known as “The Code”.

The Code was established by ECPAT Sweden in collaboration with tourism companies and the WTO, following the Stockholm World Congress.

Scandinavian √ Republic Act No.


9208 Anti-Trafficking in Persons Act of 2003 Advances in information and communication technologies (ICTs) over the past decade are now being used to facilitate all forms of sexual exploitation of children.

Republic Act No.

7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Republic Act No.
9231 An Act Providing For The Elimination of the Worst Forms Widespread use of social media, the existence of a ‘darknet’ that allows anonymity and other related applications make it easier for travelling offenders to communicate and share information about vulnerable children.
Access to smart phones and the Internet exposes children to websites featuring sexual abusive images of children and the potentially dangerous practice of ‘sexting.’ Of particular concern are indications that offenders who in the past remained at home to view abusive images are taking advantage of cheap travel and Internet anonymity 18 of Child Labor and Affording Stronger Protection For the Working Child, Amending For This Purpose Republic Act No.
7610, As Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child Exploitation and Discrimination Act’ the Republic Act No.

9775 Anti-Child Pornography Act of 2009 Republic Act No.

9995 Anti-Photo and Video Voyeurism Act of 2009 Republic Act No.

7610 Special Protection of Children Against to expand their activities into real time; in some cases orchestrating live-streaming of pornographic performances featuring children.
By facilitating the actions of offenders, ICTs make it increasingly difficult for law enforcement to identify and prosecute them.

Grooming of children by foreign child sex offenders is widespread.

In addition, offenders are regularly gathering child abuse imagery in the course of their exploitation.
Such imagery is often shared with other offenders and used to groom and/or blackmail children into ongoing sexual exploitation As the importance of the Internet has grown worldwide, so has the number of cybercafés.

They are today a familiar sight at almost every travel destination.

In many developing countries where people cannot easily afford a computer, cybercafés serve the local population and even small towns may have several businesses of this kind.
In the absence of effective child protection mechanisms, children and young people using the Internet at cybercafés are vulnerable to risks such as exposure to sexual abusive images of children, online grooming, webcam sex and physical contact with perpetrators.

Wealth and status are also used by preferential offenders, foreign residents/expats and ‘volun- tourists’, but in a more nuanced fashion.

Having a longer-term perspective, the former two groups are 19 16.
Regulate and monitor the international of use volunteers (‘volun- tourism’) in children care √ centers and in activities with direct child contact Abuse, Child and Exploitation Discrimination Act Republic Act No.

9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Child, Working Amending For This Purpose Republic Act No.
7610, As Amended, Otherwise Known ‘Special as of Protection Children Against Abuse, Child Exploitation and Discrimination Act’ the Act No.

3815 The Revised Penal Code Republic Act No.

9262 Anti-Violence Against Women and several payments; likely to develop a relationship with the child’s family or influential community members by providing financial assistance; for example, paying for school fees or house repairs or donating to a community cause.
They ingratiate themselves, using money and prestige to gain the trust of communities, families and children.

Volun- tourists with a sexual interest in children often make for example, at orphanages they may pay for the privilege of spending time alone with children, make a donation to the institution – or both.

Others pay fees to travel agencies to establish a link with an overseas institution where they can ‘volunteer’.
Because they are paying - and perceived as doing a good deed - little or no effort is made to check their references or control their interactions with children.

Fair Trade Tourism is leading the development of certification criteria for volun-tourism, focusing on the involvement of local communities, fair share of benefits, adequate screening and training of volunteers and preventing child labour.
Another emerging area of grave concern is the infiltration by transnational child sex offenders into pseudo-care professions such as teaching and work with child-focused NGOs in shelters and orphanages in a professional or voluntary capacity.

Orphanages have been found to employ unethical tactics and to put children at risk through exposure to un-vetted “volunteers”.
20 17. and implement Ratify relevant and international child rights and SECTT instruments regional The growing popularity of this phenomenon among visitors from wealthy countries has reportedly led to abuse, such as encouraging parents to give their children over to “orphanages” that charge visitors for their time volunteering.

Visitors are not vetted and visits are largely unregulated, leaving children vulnerable to abuse by sexual predators.
The Philippines signed the Stockholm Declaration and Agenda for Action in 1996 and reaffirmed its commitment in Yokohama in 2001.

Only the Philippines has specific, robust national legislation describing and prohibiting SECTT.

√ Their Children Act of 2004 Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Republic Act No.

7610 Special Protection of Children Against Abuse, Child and Exploitation Discrimination Act Republic Act No.
9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Child, Working Amending For This Purpose Republic 21 the Act No.

7610, As Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child Exploitation and Discrimination Act’ x x 18. the Introduce (by law) the rule that criminal background is checked for every national or non- national applying for work with or for children or who is currently working with or for children.
Introduce legislation prohibiting convicted sex offenders to hold positions involving or facilitating contact with children While the criminal nature of child-sex tourism should clearly be emphasized with campaigns through various media, the attention of all stakeholders should also be directed to structures and channels increasingly used by perpetrators in tourism settings that are not strictly tourism- related, e.g.
privately rented accommodation, longer stays in a given country or region, the involvement of perpetrators in local activities, such as teaching, that are likely to help them blend with the surrounding community and to build trust- based relations (while clearly representing a departure from tourism activities, the scandal of – sometimes improvised – teachers taking advantage of their positions in order to exploit children sexually has drawn much attention lately, not least through the well-known case of Christopher Neil, the Canadian teacher arrested in Thailand after Interpol resorted to announcements in media worldwide in order to trace him.
19.

Establish measures protection both for √ Republic Act No.

9208 The Philippine Supreme Court enacted the Rules on Examination of a Child Witness, which are 22 national and non-national child victims at any stage of the legal proceedings against suspected perpetrator the Anti-Trafficking in Persons Act of 2003 Republic Act No.

7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Republic Act No.
9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Child, Working Amending For This Purpose Republic Act No.

7610, As Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child Exploitation and Discrimination Act’ the designed to facilitate the testimony of child witnesses, including child victims and witnesses of crimes.
Under these rules, a facilitator may be involved in posing questions to a child witness; a guardian ad litem is appointed by the Court to protect the best interests of a child throughout legal proceedings, and provide support while he/she testifies.
Courts may take a variety of steps to make the courtroom environment more comfortable for child witnesses, including creating a separate waiting area for children, excluding certain persons from the courtroom, allowing a child to testify from a place other than the witness chair, allowing a child to testify at a time of day when he/she is well-rested, permitting a child to use testimonial ads such as dolls and puppets, and allowing a child to have an item of his or her choosing, such as a blanket or toy.
The rules permit a child to testify outside the courtroom and have the testimony broadcast by live-link television, or, if the child testifies in the courtroom, to screen off the area so the child cannot see the accused.

The rules also permit the use of audio or video interviews as evidence in certain circumstances.

23 20.

Establish in law child- interview friendly methods for both national and non-national child victims √ Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003.

Republic Act No.
Republic Act No.

7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Republic Act No.

9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Working Child, Amending For This Purpose Republic Act No.
7610, As Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child the The December 2000 Rules on Examination of a Child Witness established by the Philippine Supreme Court have been effective in ensuring better testimonies by children in legal proceedings.
Child- Friendly Investigation Studios (CFIS), one of the main features of such rules, have been increased across the country to give child victims the necessary support when recounting their traumatic experiences, and to provide all the needed and rehabilitation services.

legal, medical, psychological CFIS are managed by the Violence Against Women and Children Division of the NBI.
Five out of the 16 CFIS are actually called One-Stop Shops, equipped with interview rooms with audio facilities and cameras for closed-circuit TV (CCTV) and one-way mirrors, medico-legal examination cubicle, theraphy room, playroom and investigation room.

They are staffed with a team of social workers, a medico-legal officer and an investigator.

The remaining 11 CFIS are more simply equipped.

The NBI provides a space for the CFIS in their regional and selected district offices.
interviews and Despite the existence of child-friendly procedures for the Philippines still suffered undue hardships when having to tell the story of their exploitation.

They endured long and repeated interviews, insensitive trials, children in 24 Exploitation and Discrimination Act’ questioning, inadequate trial preparation, and painful confrontations with the accused during trial testimony or around the courthouse.
When special procedures were implemented, they did not always meet the needs of Commercial Sexual Exploitation of Children (CSEC) victims.

the atmosphere In the Philippines, for example, cases of sex crimes against children are heard in judges’ chambers, is more private and where informal.

Yet, this practice often forces children to recount their abuse in even closer proximity to the defendant.
The hardship of participating in CSEC cases is also compounded by the fact that most cases are child- dependent rather than child-supportive, with the prosecution relying almost exclusively on the testimony of the child with little corroborative physical evidence or witness testimony and often little attempt to prevent the child from being harmed by negative CSEC stereotypes and attacks on his or her character.

Finally, delays continue to plague CSEC cases.


In the Philippines, cases involving any form of sexual exploitation of children take on average more than five years.

Delays make it impossible for the victims to move on with their lives and they continue to live in fear of their exploiters.

When perpetrators of SECTT are foreign or wealthy, the justice process can even be longer due to necessity 25 21.
Ensure that child victims fully enjoy their right to and recovery rehabilitation, including providing tailored support and re-integration services √ of trans-national coordination or obstructive measures taken by the perpetrator and his lawyer.

In a positive development, countries like the Philippines, have taken steps to expedite CSEC cases through the use of priority tracking and continuous hearings.

Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Republic Act No.
7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Republic Act No.

9231 An Act Providing For The Elimination of the Worst Forms of Child Labor and Affording Stronger Protection For the Working Child, Amending For This Purpose Republic Act No.
7610, As Existing models for monitoring, rescue, recovery and reintegration of child victims of abuse and exploitation such as Sagip Batang Manggagawa (SBM) coordinated by the Department of Labor and Employment (DOLE) have shown some encouraging results.

Inter-agency in composition including DOLE, DSWD, NBI, DOJ, PIA and NGOs like KDF, among others, Sagip Batang Manggagawa operations in all regions have rescued hundreds of children from the worst forms of child labour.
But localized the SBM operations need particularly at the barangay, city, municipal and provincial levels.

to be The DSWD has maintained 30 centers in 20 cities and eight provinces which provide residential care services for child victims of abuse, 11 Reception and Study Centers for children, 13 homes for girls, 10 Regional Rehabilitation Centers for Youth, two Lingap Centers, and the Ahon Bata sa Lansangan Center and Nayon ng Kabataan.
The Standards and Accreditation Bureau and Field Offices of DSWD provide technical assistance and 26 the Amended, Otherwise Known ‘Special as Protection of Children Against Abuse, Child Exploitation and Discrimination Act’ Republic Act No.

9262 Anti-Violence Against Women and Their Children Act of 2004 Act No.

3815 The Revised Penal Code monitor quality of programmes and services offered by these centers.
Treatment, recovery and rehabilitation services are provided through teams composed of social multidisciplinary workers, psychologists, house-parents, and vocational instructors.

The family is involved as a partner in the healing and recovery of abused and exploited children since the aim of DSWD's recovery and reintegration programmes is to reunite the children with their families.
Social workers have been trained on child-friendly procedures in handling children as they go through individual and therapy, group counseling, leadership training, socio-cultural activities and creative arts sessions.

theater or play The capacity to provide direct services to CSEC victims is very limited.

Local Government Units, which are supposed to cater to victims in their own localities, are not fully able to do so due to the limited resources available.
There is also a lack of technical capacity to help in the recovery, and healing of child victims.

Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Republic Act No.

7610 Special Protection of Children Against Hotlines should be established to provide channels for the public to report child exploitation.

The child helpline ‘Bantay bata 163’ was established as a channel for children to express their concerns, seek help and advice.
However, according to the Committee on the Rights of the Child, the helpline is only available to reach children living in the capital region.

27 22.

Establish national reporting systems with that response protocols allow children and citizens to report without fear √ Abuse, Child and Exploitation Discrimination Act The Philippine National Police (PNP) is tasked with establishing a system to receive complaints and calls to assist trafficked persons and conduct rescue operations.
It has increased their number of Women and Children’s Protection Desks to 1,793 police stations across the country.

the Department of Labor and In addition, Employment (DOLE), through the Sagip Batang Manggagawa (Rescue Child Workers) - Quick Response Teams has developed rapid response teams that include police officers, social workers and NGOs.

These teams, acting on reports that children are being prostituted, conduct raids to arrest offenders and also provide immediate support for the children.
Furthermore, the National Bureau of Investigation (NBI) has specialized units such as the Violence Against Women and Children Division (VawCD), an Anti-Human Trafficking Division (AHTRAD) and INTERPOL Division.

Complementing these efforts is the establishment of the Women and Children Complaints Office under the Criminal Investigation and Detection Group – the investigation arm of the PNP.
It undertakes monitoring and surveillance of organized criminal groups involved in illegal recruitment, trafficking and the production of offensive materials and lewd shows.

Finally, while Family Courts have been established and are better able to address crimes against children, there are fewer than one hundred 28 courts for the whole country and most are located in the big cities.
to Under the Special Protection Act, reports of child abuse and exploitation are directed the Department of Social Welfare and Development, the National Bureau of the Commission on Human Rights Child Rights Centre, the National Police Operation Centre, the Department of Justice Task Force on Child Protection, and the Local Barangay Council for the Protection of Children.

Investigation, 23.
Investigation, 23.

Create data retention and preservation laws and procedures, following the the best principle of interest of the child, to allow for retention and preservation of digital evidence and cooperation enforcement with which applies to ISPs, mobile phone companies, social media companies, cloud storage companies, and technology the industry as a whole law √ Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Republic Act No.
7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Republic Act No.

10364 - Expanded Anti-Trafficking in Persons Act of 2012 Since 2003, the Philippines has piloted the Macro Monitoring System (MMS), which monitors specific cases of sexual abuse and exploitation against children, based on reports from the field from both government and NGO sources.
It is also worth mentioning the CSEC Info Database, a regional initiative by the Inter-Agency Group composed of ECPAT International, the United Nations Economic and Social Commission the Pacific (UNESCAP) and for Asia and UNICEF, which the Philippines is also currently piloting.
Although the Government organized a series of training sessions for relevant government departments and NGOs on how to use this database, clear procedures for collecting, inputting and analysing the information have not yet been defined.

This was supposed to have taken place through a government-led process.
Furthermore, it is unclear how the CSEC Info Database, the 29 24. the legal Establish possibility for national and non-national child victims to seek compensation in from national convicted perpetrators who harmed them and/or state-managed through funds courts √ Macro Monitoring System, or the recently created database on child sex offenders will actually complement each other or function as an integrated source of information.

Republic Act No.
Republic Act No.

7610 Special Protection of Children Against Abuse, Child Exploitation and Discrimination Act Laws and treaties that fail to prevent and punish sexual offences against children play a very important role in the proliferation of SECTT.

At the same time, lack of enforcement allows offenders to pick and choose among locations where the risks of arrest are minimal and police forces are overwhelmed.

Republic Act No.

9208 Anti-Trafficking in Persons Act of 2003 Republic Act No.
9262 Anti-Violence Against Women and Their Children Act of 2004 Act No.

3815 The Revised Penal Code The combined result is a failure to prosecute SECTT and a denial of the child victim’s right to access to justice, even though “Governments are responsible for preventing and combating sexual violence against children in every situation.
A government’s responsibility does not end at the national borders.” Most countries have laws in place that could, in theory, be mobilised to protect children against SECTT, even if more wide-ranging laws are not being used effectively.

Although SECTT is not a specific crime at the international level, analysis carried out for the Global study confirms that prohibitions are in place to provide legal grounds for the prosecution of perpetrators and accomplices of SECTT.
30 the United Nations Existing international conventions and protocols can serve as the basis for the adoption of specific regional and national regulations to fight this crime.
“While the Sustainable Development Goals (SDGs) adopted by in September 2015 are not legally binding, the achievement of those SDGs and related targets aiming for an end of sexual violence against children necessitates stronger and better regulation related to SECTT.” Between 1973 and 2000 several other international conventions and treaties relevant to combating trafficking and child sexual exploitation were developed and ratified by most countries, including the 1989 Convention on the Rights of the Child (CRC).
Perhaps the most relevant to SECTT, specifically is the OPSC, which obliges State Parties to criminalize the sale of children, child prostitution and child pornography, whether such offences are committed domestically or transnationally or on an individual or organised basis (Article 3).

these agreements international are While important, none of them are specific to the sexual exploitation of children within travel and tourism.
As a result, they fail to address SECTT as a distinct form of sexual exploitation of children with its own unique contours.

One key obstacle has been the lack of a clear international agreement on the definition of SECTT, which undermines the development, harmonisation and enforcement of legislation at every level.
31 such for offences Most countries have national laws that prohibit a range of sexual offences against children; however the crime of SECTT is usually ‘diluted’ across other elements of national legislation.

Offenders can be prosecuted in pornography, but these laws generally do not address SECTT-specific elements, such as the role of sex-tour operators and intermediaries or the misuse of travel and tourism infrastructures.
When the links between crimes are diluted in this way, legislation that could and should be applied to criminalize SECTT is compromised by a failure to adequately define, criminalize and penalize sexual offences against children.

to make An essential component of the right to access justice is access to compensation.

States are obligated compensation-seeking procedures available for child victims of SECTT.
The OPSC specifically requires State Parties to “ensure that all child victims of the offences described in the present Protocol have access to adequate seek, without discrimination, compensation for damages from those legally responsible.” procedures to International Simultaneous with the Access to Justice Study, recently undertook a ECPAT comparative legal study of 14 countries on the unique barriers child victims face when seeking compensation.
A paper on the Compensation Study to accessing compensation procedures – whether is also forthcoming.

The barriers 32 the perpetrators or from through State compensation programmes – are intertwined with protection and legal enforcement issues.

such international ECPAT’s Access to Justice Study produced law similar findings.
Although defines a child as anyone under the age of 18, children much younger than that are often legally able to consent to sex and legally responsible for any crimes they commit, including CSEC-related crimes as prostitution, pornography, immigration violations, and public nuisance offenses.

For example, in Thailand and Nepal, children are considered old enough to choose their sex partners at age 16.
They may be criminally prosecuted starting at age 16 in Thailand and the Philippines and as young as age 10 in Nepal.
Thus, the age of criminal responsibility and age of sexual consent work together to increase the likelihood that child victims in their teens will be treated as willing sex workers, undocumented migrants or juvenile delinquents and arrested rather than being trafficked treated as sexually exploited and laws children implemented to treat child victims as victims instead of criminals, many child victims will have no access to justice.

in need of help.
in need of help.

Without Lack of extra-territorial jurisdiction legislation, largely ignored extra-territorial legislation, as well as other gaps and obstacles contribute to a legal environment that provides offenders with immunity for their crimes.

This legal environment 33 Filename: LEGAL CHECK-LIST OF INTERVENTIONS.CSETT LRS/RRB RRB/MJAT 05.21.2019 accordingly prevents victims of SECTT from accessing justice.
With their extensive networks, offenders take advantage of gaps and loopholes; they flock to countries or cities known as ‘least likely to prosecute’, often overwhelming law enforcement efforts that may already be flawed.

Travelling sex offenders whose passports are confiscated but who are released on bail can often obtain laissez-passers at their embassies and leave the country, further undermining prosecution in the country where the crime occurred.

34