COMMUNICATION FROM THE COMMISSION on combating child sex tourism
Date: 1996-11-27
Institutions: European Commission
Subjects: child protection, prostitution, public awareness campaign, sexual offence, tourism

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.11.1996 
COM(96) 547 final 

COMMUNICATION FROM THE COMMISSION 

on combating  child  sex  tourism 

Introduction 

The  widespread  development  of  child  sex  tourism 

1. 
is  a  relatively  recent 
phenomenon,  which  is  partly  linked  to  the  considerable  increase  in  the  number  of 
business travellers and international tourists in the second half of the 20th century. 

In  this  context,  tourism  is  seen  as  one  of  the  channels  for  the  commercial  sexual 
exploitation  of  children.  At  the  same  time,  it  is  becoming  increasingly  clear  that  the 
growing contribution  of the tourist  industry  in combating  this affliction  is a key  element 
in the solution to the problem. 

The  sexual  exploitation  of  children  in  tourism  is  perpetrated  not  only  by 
2. 
paedophiles,  who  constitute  the  hard  core  of  child  sex  abusers,  but  also  by  preferential 
abusers and occasional abusers.1 

This  distinction  between  different  types  of  child  sex  abusers, which  is based  on  various 
scientific  studies,  is  of  practical  interest  not  only  as  regards  targeting  information  and 
awareness-raising  campaigns  (mainly  aimed  at  occasional  abusers),  but  also  in  the 
treatment  and  rehabilitation  of  the victims, to  be  adapted  in  function  of  the  stage  in  the 
child's  development  and the types of  abuse  suffered.  However,  the  distinction  should  in 
no way disguise the unacceptable nature of any such practices. 

Considerable  progress  has  been  made  in  identifying  the  reasons  -  psychological,  social 
and  cultural  - which  may  lead  a tourist  to  exploit  children  sexually  (see  Annex  1). It  is 
therefore  possible  to draw up and  implement  measures to combat  such practices  in  spite 
of some uncertainty  surrounding the identity, motivation and behaviour of the sex tourist. 

3.  As the  preparatory  work  for  the  Stockholm  World  Congress  held  in  August  1996 
has  shown,  the  sexual  exploitation  of  children  in  tourism  is  a  real  "business"  on  an 
international  scale.  It knows  no  geographical,  cultural  or  social  boundaries.  It  is  often  a 
highly  organized  phenomenon,  which  is extremely  profitable  and  carries  only  low  risks 
of prosecution and punishment. 

However,  there  are  still  some  uncertainties,  because,  while  there  is  little  doubt  that  the 
sexual  exploitation  of children  is on the  increase,  it  is difficult,  owing  to  the  absence  of 
qualitative  and  quantitative  studies,  to  form  a  precise  idea  of  its  nature  and  its  extent. 
Nevertheless,  it is recognised  that not only  is the practice  increasing,  it  is also  spreading 
geographically. 

It  is  clear  that  the  number  of  child  prostitutes  is  constantly  on  the  increase.  While  the 
figures  from  different  sources  should  be handled  with  the  greatest  caution,  according  to 
current  estimates, each year throughout  the world,  one million  children join  the ranks  of 
the victims of sex tourism and organized  prostitution. 

The  term  "preferential  abuser"  is  used  to  designate  individuals  who  have  a  sexual  preference  for 
children  who  have  reached  or  passed  the  age  of  puberty.  The  term  "occasional  abuser"  is  used  to 
designate  individuals  who  exploit  children  sexually  without  being  specifically  interested  in  children. 
With regard  to these concepts, reference  should  be made to the document  The sex exploiter,  submitted 
by  ECPAT for  the  World  Congress  against  Commercial  Sexual  Exploitation  of Children  (Stockholm, 
August  1996). 

The phenomenon  also appears to be spreading. The flows  of sex tourists are mainly  from 
the economically  developed countries of Western Europe, North America and  Australasia 
to the  poorer  countries  in  other  regions.  Initially  concentrated  in  South  East  Asia,  child 
sex  tourism  has  now  spread  to  many  countries  in  Asia  itself,  South  America,  the 
Caribbean  and  Africa.  There  are,  however,  also  individuals  in  certain  less  developed 
countries who engage in sex tourism. Similarly, there are a number of destinations for  sex 
tourism  in  developed  countries.  Moreover,  certain  countries  in  Eastern  Europe  are  also 
beginning to attract sex tourists and export child prostitution to other countries.2 

The internal organization  of sex tourism, particularly  in the main destination  countries, is 
usually  linked  to  organized  crime  networks.  At  international  level,  the  promotion  and 
organization  of  sex  tourism  involving  children  -  marginal  practices  compared  with  the 
bulk of tourist activity - operate in different  ways (see Annex 2). 

4. 
In  combating  this  phenomenon,  neither  tourism  and  the  tourist  industry  nor  the 
tourist  destinations  affected  by this  affliction  should  be  discredited,  but  attention  should 
focus  on  encouraging  the  drawing  up  and  application  of  standards  of  conduct  likely  to 
eliminate practices which are not in line with the tourism ethic. 

Indeed,  the  spread  of  child  sex  tourism  is  in  flagrant  contradiction  of  the  spirit  and  the 
letter  of  the  provisions  of  the  World  Tourism  Organization's  (WTO)  Tourism  Bill  of 
Rights  and  Tourist  Code,  adopted  by  the  General  Assembly  of  the  WTO  at  its  sixth 
session (September  1985). 

Hence, the declaration  by the WTO on the prevention  of organized  sex tourism,  adopted 
by the  General  Assembly  at its eleventh  session  (October  1995), which  "denounces  and 
condemns  in particular  child sex  tourism, considering  it a violation  of Article  34  of the 
Convention  on  the  Rights  of the  Child  (United Nations  1989), and  requiring  strict  legal 
action by countries  sending and receiving tourists ". 

5. 
The  Commission  is  fully  aware  both  of the extent  and  seriousness  of  the  problem 
and  of  the  fact  that  European  public  opinion  in  general,  and  tourists  and  the  tourist 
industry in particular, are becoming increasingly  sensitive to this  affliction. 

As the Commission  considers that it has as duty to ensure that the vulnerability  exploited 
which  is  making  children  easy  prey  should  also  entitle  them  to  special  care  and 
protection,  it  has  taken  the  initiative  to  draw  up  this  communication  specifically  on 
combating child  sex tourism. 

In  this  connection,  it  should  be  recalled  that  the  proposal  for  a  Council  Decision 
concerning 
tourism 
"PHILOXENIA"3, adopted by the Commission  in April  1996, had  already  made  specific 
reference to the problem of child sex tourism. 

first  multiannual 

assist  European 

programme 

the 

to 

2  Helena  Karlén  and  Christina  Hagner, L'exploitation  sexuelle des enfants à des fins  commerciales  dans 

certains pays  de l'Europe  de l'Est, ECPAT,  1996. 

3  COM(96)  168 final,  of 30.04.1996. 

This communication  incorporates the findings  of the Stockholm  Congress held  in August 
1996  against  the  commercial  sexual  exploitation  of  children,  particularly  the  various 
references  made  to  sex  tourism  or  the  tourist  industry  in  the  Stockholm  Agenda  for 
Action.  As part of the general contribution of the European Union to the efforts  to combat 
the sexual abuse and exploitation of children, it gives specific, concrete responses on how 
to combat child sex tourism. 

The aide-mémoire entitled  The European  Union's  contribution  to reinforcing  the prevention  of the  sexual 
abuse  and exploitation  of children,  presented  by the Commission  at the informal  meeting of the  Ministers 
of  Justice  and  Home  Affairs  on  26  and  27  September  1996,  gives  an  overall  picture  demonstrating  the 
Commission's wish to give greater cohesion to all its work on the problem of protecting  children. 

It  includes  detailed  information  on the  Commission's  action  in this  area,  setting  out  the  various  measures 
already  carried  out,  in  progress,  and  planned.  Some  of  these  have  already  borne  fruit.  For  instance,  in 
October  1996,  the  Commission  adopted  both  the  communication  on  Harmful  and  illegal  content  on  the 
Internet4  and  the  Green  Paper  on  the  Protection  of  minors  and  human  dignity  in  audiovisual  and 
information  services5-

These two specific  contributions, which  are in line with the Commission's  overall approach, are of  interest 
in connection  with other areas. For example, the link with combating child  sex tourism  is particularly  clear 
if all the new opportunities  offered  by technological  progress  are considered,  particularly  for  the  exchange 
of information  between  sex tourists and the promotion and organization  of sex tourism. 

The  contents  of  the  communication  on  Trafficking  in  women for  the  purpose  of  sexual  exploitation, 
adopted  in  November  1996",  are  also  particularly  relevant  to  combating  the  sexual  exploitation  of 
children. 

The Commission  is of the opinion that, while children will always remain the main  focus 
of  attention,  a  number  of  solutions  to  the  problem  of  child  sex  tourism  relate  to 
deterrence and punishment  of child abusers. 

It  is  all  the more  necessary  to pay  attention  to the  demand  aspect  as this  is a  frequently 
neglected  aspect of child protection. Attention is usually unequal, focusing  on the  abused 
rather  than  the  abuser,  seeking  solutions  addressing  the  source  of  supply  without 
corollary measures to stem the demand for  children. 

The Commission  is aware that, although the tourist  industry  can contribute  to  combating 
child  sex  tourism,  the  means  at  its  disposal  are  nevertheless  limited.  To  be  effective, 
measures  taken  by  the  industry  must  be  part  of  a  wider  approach,  combining  increased 
action  by  the  countries  involved  and  by the relevant  international  organizations,  and  the 
many  measures  taken  by  civil  society  and  non-governmental  organizations  with 
recognized experience in this area. 

Community  action  in  this  field  is  justied  on  more  than  one  count.  First,  there  is  the 
transnational  nature  of  the  phenomenon  and  its  effects,  which  considerably  limits  the 
impact  of  isolated  reactions  or piecemeal  measures. There  is also  the  risk  that  measures 
will  be  spread  too  thinly,  particularly  if  no  significant  effort  is  made  to  increase 

4  COM(96) 487 final,  of  16.10.1996. 

5  COM(96) 483 final,  of  16.10.1996. 

6  COM(96) 567 final,  of 20.11.1996. 

coordination.  Finally,  the  Community  has  the  ability  to  mobilize  a  greater  political  and 
financial commitment both within Europe and in its relations with third countries. 

The  set  of  proposals  for  action  should  be  seen  as  a  reference  framework  for  the 
prevention  of  child  sex tourism,  placing  it in a medium  and  long term  perspective,  with 
the focus  on a limited number of targeted objectives responding to the need to: 

deter and punish child sex abusers; 

take  action  in  relation  to  the  demand  and  the  supply  of  sex  tourism  involving 
children; 

encourage the Member States to take a common stance against this  affliction. 

Deterring  and  punishing  child  sex  abusers 

The  Commission  shares  the  opinion  that  "There should  be no ambivalence  in  declaring 
the  illegality  and  immorality  of  commercial  sexual  exploitation  of  children.  Neither 
should  there  be  any  doubt  that,  on  this  particular  aspect,  children  are  never  the 
perpetrators  of the offence, but the victims  thereof1. 

In  reality,  in the  case  of  authors  of  certain  acts, the  fact  that  they  can  be  prosecuted,  or 
alternatively,  that  they  can  profit  from  a  legal  void,  is  an  important  consideration. 
Consequently, greater attention should be given to the panoply of texts capable of helping 
to combat child sex tourism, and to their  implementation. 

All  the  more  so  as,  under  pressure  from  humanitarian  associations  and  public  opinion, 
laws  are being  enacted8  which provide  for  example  for  sanctions  against  child  molesters 
for  offences  and  crimes  committed  abroad.  Several  Member  States have taken9  or  are  in 
the  course  of taking10 this  line. The  Commission  welcomes  the  measures  taken  by  these 
countries to combat child sex tourism11. 

Obviously,  it  is  a  matter  for  the  Member  States  to  determine,  if  they  have  not  already 
done  so, whether  or not they wish to enact  such provisions  in their  own countries  and, if 
so,  to  ensure  that  they  are  implemented.  That  being  said,  it  appears  opportune  to  draw 
their  attention  to  two  key  elements  in  combating  child  sex  tourism  -  namely,  the 
possibility  of  giving  national  courts  extra-territorial jurisdiction  for  offences  and  crimes 
committed  against  children  abroad,  even  where  the  presumed  offence  or  crime  is  not 
provided for  under the laws of the country in which it was committed. 

7  Keynote  speech  of  Ofelia  Calcetas-Santos,  UN  Special  Rapporteur  on  the  Sale  of  Children,  Child 
Prostitution  and  Child  Pornography  (World  Congress  against  Commercial  Exploitation  of  Children, 
Stockholm, August  1996). 

8  An  overall  view  is  given  in  the  document  The International Legal  Framework  and  Current  National 
Legislative  and  Enforcement  Responses,  submitted  by  ECPAT  for  the  World  Congress  against 
Commercial  Sexual  Exploitation  of  Children  (Stockholm,  August  1996);  see  also  ECPAT  Enforcing 
the Law  against  the  Commercial Sexual Exploitation of Children. Nitiporn  Printing  Co.  Ltd.,  1996. 

9  Sweden,  Germany  (1993),  France  (1994)  and Belgium  (1995). 
10  Italy,  Ireland  and the  United  Kingdom. 
11  Cf.  in  particular  the  reply  given  by  Mrs  Gradin  to  Written  Question  E-1594/95  by  Alexandras 
Alavanos  on the  Commission initiative to eradicate child prostitution,  OJ C 270,  16.10.95,  p.  37. 

As  far  as  the  Commission  is  concerned,  its  action  will  focus  on  stimulating  and 
promoting  both  an  effective  deterrent  to  the  sexual  abuse  of  children  and  appropriate 
penal sanctions for such acts. 

i) The first task will be to make a regular evaluation  of progress in this  field,  particularly 
the implementation of the legal reforms and legal practices concerned. 

Within the limits of  its competence,  and in accordance  with the wishes  expressed  by  the 
European  Parliament,  the  Commission  has  already  undertaken  to  study  this  question  in 
more detail. This is why, for  instance, the representatives  of the Member  States, meeting 
as  the  Advisory  Committee  in  the  field  of  tourism,  were  invited  in  1995  to  make  a 
detailed report on measures adopted or planned to combat child sex tourism. 

It is clear  from  the  information  available that  increased judicial  cooperation  between  the 
Member  States  is  essential:  Differences  in  definitions  of  crimes  is  sufficient  reason  for 
this,  for  example  the  age up  to  which  a person  may  be  considered  as a child  as  regards 
sexual  exploitation,  the  fact  that  not  all  Member  States  prosecute  nationals  or  residents 
who commit sexual offences  against children abroad. At a more general level, experience 
shows that a number of special difficulties  are encountered  in the treatment  of cases with 
an  international  dimension.  This  situation  calls  for  concrete  multidisciplinary  solutions, 
based primarily on increased cooperation between the competent authorities. 

The  Council  is currently  studying joint  action  aimed  at  extending  the  responsibilities  of 
the  Europol  Drugs  Unit,  by  including  combating  trafficking  in human  beings.  The  Unit 
will  also  draw  up  a  register  of  authorities  in  the  Member  States  that  specialize  in 
combating international  organized  crime. The register will include specialists  in the  field 
of combating trafficking  in human beings. Furthermore, a multiannual  action  programme 
to  combat  the  trafficking  in  human  beings  and  the  sexual  exploitation  of  children  is 
currently  under  discussion  in the Council. It provides  for  research  and  training  activities 
and exchanges of persons involved  in this field. 

In addition, a joint action project to increase legal cooperation in combating trafficking  in 
human  beings  and  the  sexual  abuse  of  children  was  put  before  the  Justice  and  Home 
Affairs  Council  in  September  1996. The  project,  which  is  currently  being  discussed  by 
the  Council,  provides  specifically  for  extra-territorial  competence  allowing  acts  of 
paedophelia committed outside the Union to be prosecuted in the Member States. 

The Commission  welcomes  these initiatives, which  it considers  as  initial  steps  along  the 
way towards increased cooperation in penal and police matters. 

ii) At the same time, the collection  and exchange of information  other than that of a legal 
nature,  should  improve  knowledge  both  to  combat  the  hidden  nature  of  the  sexual 
exploitation  or  abuse  of  children  and  to  prevent  children  remaining  vulnerable  to  such 
treatment. 

Although  most  countries  have  high-quality  statistics  and  research  instruments  for  other 
social matters, little data has been collected on the various aspects of child sex tourism. 

An  initial  step would  be to  collect  and  make  available  existing  information  on topics  of 
common interest and of major  importance, such as: 

the  links  between  tourism  and  prostitution  in  general  and  between  tourism  and 
child prostitution in particular; 

the identity, motivation and behaviour of sex tourists; 

information  on  sex  tourism  in  tourist  guides  and  prospectuses  and  in  the 
audiovisual media used by the industry for disseminating  information; 

the implications of sex tourism for public health. 

The  question  of  supporting  the  carrying  out  and  the  dissemination  of  supplementary 
studies on these issues is for consideration at a second stage. 

The  Advisory  Committee  in  the  field  of  tourism12,  which  is  composed  of  members 
designated  by  each  Member  State  and  has  the  task  of  "facilitating  exchanges  of 
information,  consultation  and,  where appropriate,  cooperation  on tourism",  provides  an 
appropriate framework  for carrying out the tasks to be undertaken in that context. 

Independently  of their  specific  purposes, both the assessment  of progress  achieved 
iii) 
in  the  implementation  of  legal  reforms  and  the  judicial  practices  concerned,  and  the 
collection  and  exchange  of information  other than that of a legal nature, could  also  open 
the  way  to  a concerted  approach  in relation  to  measures  taken  at  national  level  together 
with a suitable initiative at the international  level. 

For  instance, these  measures  could  initially  facilitate  the  action  of the  Member  States  to 
encourage  the  national  tourist  authorities  to  take  preventive  measures  against  child  sex 
tourism, particularly as regards information  to travellers. 

As has been stated many times, travelling  in a foreign  country  is not a trivial  experience. 
This  is  why  travellers  going  abroad  should  be  made  aware  of  possible  differences 
(economic,  social,  cultural,  social,  religious,  etc.)  between  that  country  and  their  own. 
More  specifically,  their  attention  should  be  drawn  to  the  need  to  comply  not  only  with 
the values of the country being visited, but also with certain basic rules of behaviour. 

Measures  to  dissuade  could  usefully  concentrate  on  giving  appropriate  information  to 
travellers  in  the  context  of  travel  formalities,  such  as  checks  by  the  police,  customs  or 
health  authorities.  Each  type  of  check  could  be  used  as  an  opportunity  for  providing 
specific  information13,  in each case providing  a warning to the traveller  against child  sex 
tourism. 

Second, such measures could make it easier to obtain a coordinated response at European 
Union  level  - both  from  Member  States  and  the  tourist  industry  - to  the  recent  proposal 
by  the  World  Tourism  Organization  on  the  constitution  of  a  Task  Force  against  sex 
tourism,  "composed  of groups from the tourist industry [...J as well as  UNICEF, ECPAT 
[...] and several  member  countries  of the  WTO",  which, inter alia,  "would assemble  [...] 

12  Council  Decision  of 22 December  1986 establishing  a Consultation and cooperation procedure  in the 

13 

field  of tour ism, OJ L 384, 31.12.86, pp. 52-53. 
Including  information  of  a  dissuasive  nature  on  the  risks  involved  (e.g.  prosecution  and  health 
problems). 

7 

information  on sex  tourism and measures which have succeeded  in preventing  it, so  that 
they can then be disseminated  among firms  in the tourist industry  world-wide". 

The Advisory  Committee  in the field of tourism and the consultation  meetings with the 
tourist  industry  provide  an  appropriate  framework  for  carrying  out  the  tasks  to  be 
undertaken in this area. 

Stemming the flow of sex tourists from the Member States 

The causes of the phenomenon of child sex tourism are as numerous as they are complex, 
and  they  are  closely  interconnected.  Poverty  is  often  quoted  as  factor  in  the  sexual 
exploitation  of children  for  commercial  purposes. However,  while  it  is true  that this  is a 
fundamental  reason  for  the  exploitation  of  children,  its  effects  are  linked  to  the  supply 
aspect and do not sufficiently  explain the phenomenon of the demand at world level. 

In  this  context,  and  given  that  most  of  the  tourists  that  sexually  exploit  children  come 
from 
industrialized  countries,  including  some  from  the  EU  Member  States,  the 
Commission  considers  it essential  to take measures to stem  the flow  of  sex tourists  from 
these countries. 

It  shares  the  concerns  of  the  European  Parliament,  which  has  called  on  the  EU 
institutions to denounce the practices of European "consumers" as clear  infringements  of 
the  fundamental  rights  and  individual  liberties  of  under-age  victims  and,  therefore,  to 
take  all  the  necessary  measures  to  ban  advertizing  for  sex  tourism  from  the  Member 
States14. 

The  European  Parliament  has  also  called  on  the  Commission  to  devise  an  information 
campaign  on the consequences  of sex tourism, and other measures to prevent this form  of 
tourism15. 

Information  and  awareness-raising  campaigns  against  child  sex  tourism  play  an 

i) 
essential role in this respect. 

The  Commission  believes  that  greater  coordination  of  campaigns  at  European  level 
would increase their impact and awareness of the underlying problems. 

To  increase  effectiveness,  attempts  to  coordinate  these  campaigns  at  European  level 
should  give  priority  to  defining  common  guidelines,  drawing  up  and  implementing  the 
resulting operational  strategies, and assessing the results of the action taken. 

14  Resolution  on  the freedoms  and fundamental  rights of women, 6 May  1994, OJ  C 205, 25.7.1994, pp. 
489-492.  See  also  the  Resolution  on  trafficking  in human  beings,  18 January  1996,  OJ  C  32,  5.2.96, 
pp.  88-93  in which  the  Parliament  calls  "for rules to be introduced  on extra-territorial jurisdiction  in 
order  to allow  the prosecution  and punishment  of individuals who have committed  offences  involving 
sexual  exploitation  of children and adolescents outside the Community  territory". 

15  Resolutions  on  tourism  in  the  approach  to  the year  2000,  18 January  1994,  OJ  C  44,  14.2.94,  pp. 
61-65  and  on  the  Report  from  the  Commission  on  Community  measures  affecting  tourism,  15 
December  1994, OJ C  18, 23.1.95, pp. 159-165. 

Having  regard  to  the  ease  with  which  the  tourist  can  "procure"  a  child  for  sexual 
purposes  is in itself  such  a powerful  incentive  that  some  are easily  tempted  by this  kind 
of experience, information  and awareness-raising  campaigns should be aimed not only  at 
tourists but also more generally at public opinion in Europe. 

Community  funding  in  this  area,  within  the  limits  of the  available  resources, would  not 
only  enable  the  Community  to  act  as  the  driving  force  behind  coordination  but  would 
also promote raising of essential financial  support from  other sources. 

Community  support  would  be  dependent  on  the  joint  involvement  of  both  the  tourist 
industry and non-governmental  organizations working in this field, in defining,  initiating, 
implementing and monitoring information  and awareness-raising campaigns. 

This  is based  on the  fact  that  such joint  involvement  has proved  its  worth  in  combating 
child  sex tourism  and  this partnership  approach  is in line with the  guidelines  defined  by 
the Commission  in its proposal  for  a Council Decision  on a first multiannual  programme 
to assist European tourism, "PHILOXENIA".  Although the explanatory  memorandum  to 
the  proposal  provides  for  dealing  with  the  question  of  combating  child  séx  tourism,  it 
does  so in a specific  context, namely that of increasing cooperation  between the  Member 
States, industry, and the other parties involved. 

In  this  regard,  it  is  encouraging  to  see that  in  several  branches  of  the  tourist  industry  a 
real  sense  of  collective  responsibility  is  now  emerging  which  is  likely  to  increase  the 
industry's  contribution. 

These  campaigns  could  also provide  opportunities  for  encouraging  the media to  develop 
strategies  to  strengthen  their  role,  "in  providing  information  of  the  highest  quality, 
reliability  and  ethical  standards  concerning  all  aspects  of  the  commercial  sexual 
exploitation of children"  16, 

Apart  from  any  financial  support  from  the  Community  for  the  coordination  at  European 
level  of  information  and  awareness-raising  campaigns  against  child  sex  tourism,  the 
Commission  is  envisaging  the  possibility  of  mobilizing  the  various  Community 
information  networks on this  subject. 

ii) 
The  Commission  also  believes  that  initiatives  could  be  directed  at  the  tourist 
industry,  to  make  available,  in  particular  through  training  programmes  and  schemes, 
guiding principles on combating child sex tourism. 

The objective  would  be to ensure that persons working - or likely to work  - in the tourist 
industry have guidelines on the question as soon as possible. 

Training  modules  could  be drawn  up17  including  both  information  on the  objectives  and 
mechanisms  for  combating  child  sex  tourism  and  more  general  considerations  on  the 
problem  of  sex  tourism.  The  ultimate  aim  would  be  to  include  in  training  programmes 

16  Cf.  the  document  entitled  Prime  Time for  Children:  Media,  Ethics  and  Reporting  of  Commercial 
Sexual  Exploitation,  submitted  by  the  International  Federation  of  Journalists  for  the  World  Congress 
against Commercial  Sexual  Exploitation  of Children  (Stockholm, August  1996), p.32. 

17  Under programmes such  as Leonardo  and Socrates. 

9 

and  schemes  the  ethical  dimension  of  responsible  tourism,  which  seeks  to  preserve  the 
dignity and physical  and moral integrity of the child. 

In  this  context  and  more  especially  in  the  case  of  students  receiving  initial  vocational 
training  in  tourism,  the  possibility  could  also  be  examined  of  granting,  in  conjunction 
with  trade  associations  in the  tourist  industry,  support  for  organizing  competitions18,  so 
as to  make  them  more  motivated,  drive  the  message  home  to  them  and  make  them  feel 
involved. 

iii)  Finally,  the  Commission  intends  to  encourage  the  drawing  up  and  reinforcement  of 
codes  of  conduct  and  self-regulatory  mechanisms  in  the  tourist  industry  with  a  view  to 
combating the practice of child sex tourism. 

The  drawing  up  and  reinforcement  of  codes  of  conduct  and  self-regulatory  mechanisms 
in  the  tourist  industry  to  combat  the  practice  of  child  sex  tourism  is  both  the  logical 
extension  and  the  practical  implementation  at  Community  level  of  the  declaration  of 
principle  adopted  at international  level by various  professional  associations  in the  tourist 
industry19. 

All persons working in tourism who are in contact with tourists during the preparation  for 
their journey  and  during  the journey  itself  should  be  approached,  with  a  view  either  to 
reviewing  their  information  methods  and  commercial  practices  concerning  the  countries 
visited, or to acting as disseminators of information  on the problem of child sex tourism. 

The  Commission  will  strive  for  a  basic  minimum  of  commitment  to  be  met  by  the 
various branches of the tourist industry, on a voluntary basis. They will be asked: 

to prohibit  any  explicit  or  implicit  oral, written  or  graphic  encouragement  of  sex 
tourism; 

to include, as part  of their various activities, objective  information  for  customers 
on sex tourism; 

to use, as part of their  business practice, all  appropriate  measures  to contribute  to 
the  practical  application  by  the  tourist  industry  of  the  prohibition  of  child  sex 
tourism;20 

18  Along  the  lines  of,  for  instance,  the  competition  organised  by  ECPAT-France  "Say  No,  to  the 
exploitation  of  children  by  sex  tourism".  This  is  based  on  the  fact  that  students  in  tourism  schools 
today  will be those working  in the sector  tomorrow.  They should react today and  offer the world their 
ideas for  disassociating  the word  "sex" from  tourism. 

19  For  example, the  Universal  Federation  of Travel  Agents' Associations  (UFTAA) and the  International 
Hotel  Association  (IHA)  adopted  -  in  November  1993  and  January  1995  respectively  -  resolutions 
supporting  the  ECPAT  campaign  against  child  prostitution.  The  UFTAA  is also  the  originator  of  the 
Charter  concerning  travel  agents  and  children,  under  which  the  members  and  affiliates  of  the 
organization,  as  signatories  to  the  Charter,  undertake  to  combat  child  prostitution  linked  to  "sex" 
tourism  and  to  protect  the  children  who  fall  victim  to  these  tourists.  The  International  Air  Transport 
Association  (I ATA) also adopted  a Resolution  on this matter  in November  1996 
An  example  of  professional  se!f-regu!atory  measures  can  be  found  in  the  agreements  concluded 
between  German  tour  operators  and  the Terre  des  Hommes  Association,  which  go  so far  as to  provide 
for  cancellation  clauses  for  contracts  concluded  with  hotels  which  prove  to  be  involved  in  cases  of 
child  prostitution. 

20 

10 

to specify,  to both employers and employees, the extent of the obligation and the 
practical  procedures for informing the competent authorities of cases of child  sex 
tourism. 

The  Commission,  in  cooperation  with  the  Member  States,  could  also  involve  itself  in 
evaluating the implementation of these codes of conduct, which is the weak point of any 
such provisions. 

The Advisory  Committee  in the field of tourism and the consultations meetings with the 
tourist  industry  provide  an  appropriate  framework  for  carrying  out  most  of  the  work 
aimed at stemming the flow of sex tourists from the Member States. 

Helping to combat sex tourism in third  countries 

The  European  Union  attaches  particular  importance  in  its  activities  to the  observance  of 
democratic  principles  and  human  rights  as stated  in Article  F of the Treaty  on  European 
Union. 

At  a  general  level,  the  Council  has  on many  occasions  stated  that  it  continues  to  attach 
great  importance  to human  rights and particularly  the rights  of children,  both  within  and 
outside  the  Union21.  In  this  connection,  the  European  Union  is  pursuing  its  efforts  to 
ensure that all governments  implement  the Convention on the Rights of the Child and the 
Programme  of  Action  for  the  Prevention  of the  Sale  of  Children,  Child  Prostitution  and 
Child  Pornography.  It  is  also  active  in  the  UN  Commission  on  Human  Rights  Working 
Group,  which  is  currently  drawing  up  a draft  Additional  Protocol  to  the  Convention  on 
the Rights of the Child on this  subject.22 

Furthermore,  the  communications  from  the  Commission  on  The inclusion  of respect  for 
democratic  principles  and  human  rights  in  agreements  between  the  Community  and 
Third Countries  and on The European  Union and the external dimension of human  rights 
policy  from  Rome  to  Maastricht  and  beyond,. open  the  way  to  taking  more  systematic 
account of aspects relating to child sex tourism in relations with third countries.23 

The  Community  is  already  supporting  countries  in  which  there  is  a  particular  problem 
with  regard  to  the  economic  exploitation,  abandonment  and/or  prostitution  of  children, 
through  special  projects  aimed  at  fostering  social  assistance,  protection,  well-being, 
reintegration and  education. 

However,  further  efforts  are  necessary  in  order  to  provide  greater  protection  for  the 
victims  of  sex  tourism  in  third  countries  through  preventive  measures  among  families 
and  communities,  penal  measures  against  abuse  at  local  level  or  the  treatment  and 
rehabilitation  of sexually abused  children. 

21  In  particular 

the  Council  Reply  to  Written  Question  E-3528/95  by  Roberto  Mezzaroma  on 
Safeguarding  children  in South-East Asia who are victims of sexual violence, OJ C  183 of 24.6.96, p. 4 
22  Reply  by  the  Council  to  Written  Question  E-8/95  by  Clive  Needle  on  Child  Prostitution,  OJ  C  139 

5.6.95, pp. 47-48. 

23  Cf.  European  Commission,  The  European  Union and  Human  Rights  in  the  World, European  Union 

Bulletin,  Supplement  3/95. 

i) 
Accordingly,  particular  attention  will  be  given  to  rationalizing  methods  for  action 
and  coordinating  the  Community  resources  available  for  the  protection  of  children  who 
are victims of sex tourism. 

Several  financial  instruments  can  be  used  to  pursue  the  objective  of  making  the 
observance  of  democratic  principles  and  human  rights  a  cornerstone  of  the  Union's 
policy on cooperation with third countries (see Annex 3). 

Since  some  of  these  instruments  already  enable  support  to  be  given  to  promoting  and 
protecting  the  rights  of  the  child,  the  Commission  is  considering  also  using  them 
specifically  to support measures to help children who are victims of sex tourism. 

It  appears  particularly  appropriate,  therefore,  to  engage  in  political  dialogue  with  the 
developing  countries  most  affected.  As  regards  the  ACP  countries  in  particular,  such  a 
dialogue  could  encourage  them  to  use  existing  EDF  resources  for  measures  aimed  at 
combating child sex tourism. 

In any event, a more detailed analysis must first be made of the nature and extent of child 
sex  tourism  in  third  countries  and  of  the  measures  taken  by  these  countries  to  combat 
such practices. This  should make it possible to specify  the kind of  support which  can  be 
given outside the Community on this matter, and how it can be provided. 

This kind  of  analysis, in  cooperation  with the third  countries  concerned,  is  all the  more 
important  since  victim  protection  programmes  are  often  expensive  and  difficult  to 
implement,  and  do not always produce  the results expected.  This  is particularly  the  case 
with  rehabilitation,  mainly  because  of  the  serious  trauma  the  children  have  undergone, 
the  great  difficulties  they  encounter  in  reintegrating  into  communities  ready  to  receive 
them, the considerable health risks to which they have been - and often  remain - exposed, 
and the situation of dependence that has been imposed on them. 

As  regards  programmes  for  the  rehabilitation  of  sexually  abused  children,  efforts  have 
been  made  to  ensure,  on  the  one  hand,  that  the  beneficiaries  are  involved  in  the 
definition,  management  and assessment  of such programmes, and on the other, that  there 
is  cooperation  with  the  families  and  communities,  which  must  be  made  aware  of  the 
particularly  devastating  effects  of  the  sexual  exploitation  of  children.  In  addition, 
particular  attention  should  be  given  to  the  experience  acquired  by  non-governmental 
organizations  which  are particularly  active  in protecting  children  in third  countries  who 
have fallen victim to sex tourism24. 

However,  the  Commission  feels  that  the  existence  of  child  sex  tourism  should  not  call 
into  question  the  important  contribution  of  tourism  to  the  economic  and  social 
development  of  the  countries  concerned,  particularly  as  a  growing  number  of  tourist 
destinations  which  are particularly  affected  by this affliction  are introducing  strategies  to 
counter  it,  since they  are  aware  of the  potential  negative  effects  of tourism  linked  to  the 
sexual exploitation of children for  commercial purposes, and the long-term  costs which  it 
might entail. 

24  A number  of  significant  articles  on  this  matter  will  be  found  in  a publication  by  the NGO  Group  for 
the Convention  on  the  Rights of the Child, A Right to Happiness  - Approaches  to the Prevention  and 
Psycho-social Recovery  of Child  Victims of Commercial Sexual Exploitation,  1996. 

12 

In  these  circumstances  and  given  the  growing  importance  of  tourism  development 
projects  in  developing  countries,  the  Commission  feels  that  measures  to  assist  the 
development  of  tourism  in  the  destinations  concerned  should  aim  to  offer  a  genuine 
alternative  in  terms  of  balanced,  sustainable  development,  largely  on  the  basis  of 
measures to improve the quality of the tourist services offered  in these countries, together 
with  measures  for  diversification,  where  appropriate.  The transfer  of  know-how  and  the 
exchange of good practice could play a useful  role in this context. 

For  the  Commission,  the  use  of  the  financial  resources  available  to  combat  child  sex 
tourism will also be seen as an opportunity to promote an integrated response to the more 
general  problem  of  the  sexual  exploitation  of  children  for  commercial  purposes  in 
countries  affected  by  this  affliction,  and  to  increase  coordination  between  the  European 
Union and third countries on the question of cooperation in general. 

ii) 
In  addition,  the  respect  of  democratic  principles  and  human  rights  constitutes  an 
essential element in the contractual relations between the Community  and third countries. 

The Council of Ministers adopted in May  1995 "a uniform  clause" allowing the Union to 
suspend  agreements  concluded  with  third  countries  if  these  countries  are  seen  to  be 
violating  human  rights.  The  Commission  has  stated  in  this  respect  that  the  "essential 
element"  clause  should  be  invoked  to  suspend  agreements  only  in  cases  of  very  serious 
violations of human rights by governments. 

More  specifically,  the  consolidation  of  democracy  and  the  rule  of  law,  along  with  the 
observance  of  human  rights  and  fundamental  freedoms,  are  essential  elements  of  the 
policy  of  development  cooperation.  Moreover,  the  Lomé  Convention  provides  for  a 
consultation  procedure, through which discussions  could be held on human  rights.  Good 
coordination  between  Community  initiatives  and  the  measures  taken  by  the  Member 
States is necessary, at both political and operational levels. 

The  sexual  exploitation  of  children  for  commercial  purposes  is  not  a priori  perpetrated 
by  governments  but by individuals  and  various  groups  at all  levels of  society.  However, 
this  does  not  mean  that  there  are  not  wide  differences  in  the  degree  to  which  the  host 
countries  are  involved  in organizing  sex tourism.  A number  of these  countries  are  under 
economic  and  political  pressure  to  promote  tourism  as  a  source  of  foreign  currency.  In 
certain  cases, this  policy  goes  so  far  as to  accept  officially  that  "tourism"  is  practically 
synonymous with "sex tourism", with child  sex tourism  being  seen as an unfortunate  but 
inevitable part of tourism  development. 

The  Commission  does  not  share  this  opinion  and  does  not  therefore  rule  out  the 
possibility of applying the necessary pressure - through dialogue conducted  in the context 
of  external  relations  -  on  countries  which  appear  to  be  over-complacent  regarding  the 
sexual exploitation of children through sex tourism. 

13 

Encouraging  the  EU Member  States  to take  a united  stand  against  child 
sex  tourism 

The Member  States of the European Union are concerned by the tragic  growth in child 
prostitution in several respects. 

•  The Member  States are concerned because most of the tourists who exploit children 
sexually come from the industrialized countries, of which a certain number come from 
Europe. 

•  The  Member  States  are  concerned  because  child  prostitution  exists  in  Europe  and, 
while  it  is  not  yet  primarily  linked  to  sex  tourism,  this  phenomenon  could  soon 
develop. 

•  The Member States are concerned as they have ratified the Convention on the rights of 

the child and are bound by Article 34 of that text to protect children against all forms 
of sexual exploitation and violence. 

It can be argued therefore that the Member States need to take steps to combat child sex 
tourism, which go beyond simply denouncing this  affliction. 

The Commission, aware of this evidently serious situation, and also of the growing wish 
for action demonstrated by several Member States, can only encourage all of them to go 
further along this road. 

Having regard especially to the resolutions of the European Parliament on this topic and 
to  this  communication  on  combating  child  sex  tourism,  the  Commission  considers  it 
highly desirable to that the Council should define its position, and calls upon the Member 
States to dispel any doubt as to their willingness and ability to combat this  affliction. 

The  Commission  intends  to  produce,  within  two  years  of  the  adoption  of  this 
communication,  a  report  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions,  on  the  implementation  of  the 
measures planned and the progress made in combating child sex tourism. 

ANNEX 1 

When the tourist is away from  home there is an element of anonymity which releases him 
or  her  from  the  usual  social  restraints  which  determine  behaviour  in  the  home  country. 
Thus, a man who would have never contemplated visiting a brothel in his home town will 
often  do so in a foreign  country where there is little likelihood of being recognized.  Many 
countries have noted this phenomenon. 

In  "exotic"  tourist  destinations  visitors  usually  cannot  understand  the  language  or  the 
cultural nuances in the society. This leads them to make assumptions which are probably 
incorrect  but  which  enable  them  to  rationalize  the  change  in  their  behaviour.  It  is 
common  for  tourists  who  sexually  exploit  children  to  explain  their  behaviour  by  saying 
that sex with children "is more acceptable in this culture, and the people here do not have 
the same sexual hang-ups as we have in our country". 

Tourism  not  only  changes  behaviour,  it  can  also  reinforce  prejudice.  Visitors  who, 
consciously  or  unconsciously,  are  firmly  convinced  of  the  inferiority  of  other  ethcic 
groups  usually  have  their  racist  attitudes  reinforced  in  foreign  countries.  They  see  what 
they  want  to  see.  Such  people  have  no  scruples  about  exploiting  others  because  they 
consider them to be  inferior 

The  experience  of  economic  superiority  in  a  poorer  country  tempts  some  visitors  to 
sexually  exploit and abuse local people. Modern tourists from industrialized  nations  may 
hold  quite  menial  positions  in their  own  country  but  the  disparity  in  earnings  can  mean 
they are comparatively wealthy when they travel in a poor country. 

Tourists  are  sometimes  fleeing  from  an  unhappy  sexual  relationship  at  home  and  are 
open  to  new  sexual  experiences.  Aspects  of  this  have  been  noted  among  men  from 
western  industrialized  societies.  As  the  traditional  privileges  of  patriarchal  society 
disappeal slowly in many western countries, some men feel  inadequate in coping with the 
change. 

Finally,  one  of  the  most  important  reasons  why  child  sex  exploitation  is  taking  place 
among tourists  is because the children are readily  available. The ease with which  tourists 
in some countries  can obtain  a child  as a sexual  partner  is, in itself, a powerful  incentive 
for  some to try the novelty of a child sex partner. 

Source:  document  entitled  Tourism  and  Children  in  Prostitution,  submitted  by  ECPAT  for  the  World 
Congress against Commercial  Sexual Exploitation of Children (Stockholm, August  1996). 

15 

ANNEX 2 

There are individual men and groups of men who appear to view the sexual exploitation 
of  people  in  'third  world'  countries  as  a  harmless  pastime,  and  are  glad  to  provide 
information for like-minded individuals for free. This can simply involve the exchange of 
information between sex tourists visiting the same hotels, or in bars and pubs back home. 
It  can  also  be  via  the  Internet,  where  some  men  give  pornographic  accounts  of  their 
sexual  exploits,  and  supply  details  of  brothels  etc.  in  various  tourist  destinations, 
sometimes  with  descriptions  of  children  and/or  information  about  how to  obtain  child 
prostitutes. 

There are individuals and companies that write and publish travel guides which promote 
sex  tourism  at  least  by  implication.  Some  guides  cater  simply  and  solely  for  the  sex 
tourist market and provide a wealth of information for the child abuser. 

Although there are very few tour operators that explicitly  arrange child  sex tours, there 
are still various  small companies in Europe, Australia, North America and Japan which 
promote  and  facilitate  sex  tourism  by  identifying  resorts  where  prostitution  is 
widespread;  negotiating  deals  with  local  hotels  to  ensure  that  their  clients  will  not  be 
charged  for  "inviting" companions back to their  room  for  the night;  arranging  24-hour 
female  "guides"  for  clients  and  providing  on-the-spot  'holiday  reps'  with  an  intimate 
knowledge of the prostitution scene. 

Source:  document  entitled  Tourism  and Children  in Prostitution,  submitted  by  ECPAT  for  the  World 
Congress against Commercial Sexual Exploitation of Children (Stockholm, August 1996). 

ANNEX 3 

The  following  are  some  of the  financial  instruments  which  could  be  used  to  pursue  the 
objective  of  making  the  observance  of  the  principles  of  democracy  and  human  rights  a 
cornerstone of the Union's policy on cooperation with third countries: 

-  Budget  Item  B7-6000:  Community  contribution 

towards  schemes  concerning 

developing countries carried out by non-governmental  organizations 

-  Budget  Item  B7-7000:  Programme  for  democracy  in  the  countries  of  central  and 

eastern Europe 

-  Budget  Item  B7-7001:  Community  measures  to  help  democracy  and  support  the 

peace process for the Republics formerly part of Yugoslavia 

-  Budget  Item  B7-701:  Support  for  democracy  in the Independent  States of the  former 

Soviet Union 

Budget Item B7-702: Human rights and democracy in the developing  countries 

-  Budget Item B7-703: Democratization process in Latin America 

Budget  Item  B7-7040:  Subsidies  for  certain  activities  of  organizations  pursuing 
human rights  objectives 

Budget Item B7-705: MED A programme for  democracy 

Budget  Item  B7-707:  Support  for  rehabilitation  centres  for  torture  victims  and  for 
organizations offering  concrete help to victims of human rights abuses 

European  Development  Fund  resources  (subject  to  a  specific  request  from  and  the 
agreement of the ACP partner) 

Funding  from  the  resources  allocated  for  financial  and  technical  assistance  to,  and 
economic cooperation with, the countries of Asia and Latin America 

Counterparts  funds  generated  by  various  Community 
framework  of development  financing  cooperation with the ACP countries 

instruments  within 

the 

(*)  The  Commission  will  check  whether  it  is  possible  and  opportune  to  use  these 
financial  instruments  specifically  to  support  the  fight  against  sex  tourism  involving 
children. 

17 

ISSN 0254-1475 

COM(96) 547 final 

DOCUMENTS 

EN 

06  11  05 

Catalogue  number  :  CB-C0-96-625-EN-C 

ISBN  92-78-12833-3 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

I*