Social, Humanitarian and Cultural Committee (SOCHUM)

Transcription

Social, Humanitarian and Cultural
Committee (SOCHUM)
Study Guide
Table of Contents Welcome Letters .......................................................................................................................................... 1 Introduction to SOCHUM ........................................................................................................................... 2 Topic A: Protecting the Worker’s Rights within Developing Nations ........................................ 3 Introduction of the Topic ..................................................................................................................................... 3 Brief History of Protecting Worker’s Rights .................................................................................................. 4 Background ............................................................................................................................................................... 5 UDHR Article 23 ....................................................................................................................................................................... 5 UDHR Article 24 ....................................................................................................................................................................... 5 Workers’ Rights in a Global View ...................................................................................................................... 6 Workers’ rights in developing nations ............................................................................................................ 7 Case Study: Indonesia ............................................................................................................................................ 8 Case Study: Electronic Manufacturers ............................................................................................................. 9 Points a Resolution Should Address .............................................................................................................. 10 Topic B: The Protection of Children with Focus on Child Prostitution and Sex Tourism 13 Introduction .......................................................................................................................................................... 13 Child Prostitution .................................................................................................................................................................. 13 Sex Tourism ............................................................................................................................................................................. 14 History of the Problem ....................................................................................................................................... 15 Child Prostitution .................................................................................................................................................................. 15 Sex Tourism ............................................................................................................................................................................. 16 Child Prostitution: Contributing Factors and Effects ............................................................................... 17 Contributing Factors ............................................................................................................................................................ 17 Effects ......................................................................................................................................................................................... 18 Child Sex Tourism (CST): Contributing Factors and Effects .................................................................. 20 CST and Pornography .......................................................................................................................................................... 20 CST and Child Trafficking .................................................................................................................................................. 20 CST and Child Marriage ...................................................................................................................................................... 20 Points a Resolution Should Address .............................................................................................................. 21 Bibliography and Further Reading ..................................................................................................... 22 © London International Model United Nations 2015
LIMUN | Charity No. 1096197
www.limun.org.uk Welcome Letters Dear delegates, Welcome to the London International Model United Nations 2015! It is with great honour that Eran, Vishal and myself together serve the United Nations Third General Assembly (UNGA): Social, Humanitarian and Cultural (SOCHUM) of this year’s LIMUN as committee directors. This year we have cherry-‐picked some topics that we hope can stimulate fruitful debates. They are A) Protecting the Worker’s Rights within Developing Nations, and B) The Protection of Children with Focus on Child Prostitution and Sex Tourism. We hope that you all find these topics intriguing and that each and every one of you can all contribute to the issues at hand. To make the best out of the LIMUN experience, you should aim to familiar yourself within this study guide well before the conference so that you can not only digest all the information within this read, but also to conduct your own research upon the material within this guide. This committee will not only be judged upon the resolution(s) proposed / passed by the committee, delegate debates, but also the adhesion of your own country’s foreign policies and factual knowledge. As directors, we strive to steer debates to their maximum efficiencies, ensure that the LIMUN Rules and Procedures are being followed; in short, provide you with a MUN experience that you never have before. However, the collaboration and the contribution of each and every delegate are paramount for the committee to be as fruitful and rewarding as possible. Having said all, we look forward to seeing you all during the conference, in the city of London in the coming February. In the meantime, feel free to contact us, should you have any query and concern. Chris, Eran, and Vishal © London International Model United Nations 2015
www.limun.org.uk 1 Introduction to SOCHUM The Social, Humanitarian and Cultural committee (SOCHUM), also the third committee of the United Nations General Assembly (UNGA), considers a variety of issues ranging from social, humanitarian affairs and human rights issues of all people around the world.1 Over the years, SOCHUM discusses questions relating to the advancement of women, the protection of children, indigenous issues, the treatment of refugees, the promotion of fundamental freedoms through the elimination of racism and racial discrimination, and the right to self-‐ determination. The Committee also addresses important social development questions such as issues related to youth, family, ageing, persons with disabilities, crime prevention, criminal justice, and international drug control.2 Alike other UNGAs, SOCHUM works closely with other UN and non-‐UN bodies, governmental or non-‐governmental. Together, they work according to the Charter of the United Nations. In addition, SOCHUM as a UNGA may request topic-‐specific reports from other UN agencies, such as the Human Rights Council. 3 The UN Secretary-‐General reports annually to SOCHUM on different agenda items, and the committee vote on the important matters. The votes are to be recorded. At the end of the session, the committee reports to the plenary bodies of the GA on topic-‐specific items. © London International Model United Nations 2015
www.limun.org.uk 2 Topic A: Protecting the Worker’s Rights within Developing Nations Introduction of the Topic Since Marx, worker’s conditions have sparkled as one of the most profound issues lies underneath the flourishing of capitalist societies4. Early debates on minimum wages begin to derive people’s attention towards the welfare of the workers and subsequently lead to the demand for enhanced treatment for all workers. Workers’ rights, sometimes referred to as labour rights are a group of legal rights that regulate the relations between workers and their employers, those rights differ from state to state, but usually cover issues such as minimum wage, working hours, work safety and the right to unionise. However, as developing countries usually lack sufficient infrastructures, including but not limited to physical, economical, cultural and legal; these countries are often in trapped in vicious cycles such as corruption5, illegal immigration, electricity shortage6, brain-‐drain and so on7. Whilst the absence of a fair and unbiased legal system persists, the treatment of the workers cannot be guaranteed. In December 2014, the British Broadcasting Corporation (BBC) revealed a secret video taken in a Chinese Apple production factory called Pegatron shows the appalling condition of the workforce. In the video, workers are falling asleep on production lines, working for a maximum of 18 days without a day-‐off and even have their personal ID cards confiscated by the factory officials8. However this is not a one-‐time incident. Earlier in 2000, 18 Foxconn employees committed suicide in Shenzhen, China9. It has been reported that workers sometimes work up to 16 hours a day and receive inhuman treatment, i.e. some of them are not even allowed to talk during working hours. Nongmin gongs (peasant workers) are often employed by these companies not only because they are cheap to hire, but also because they do not have any friends and family relatives living nearby10. In India, child workers no more than 10 or 11 years of age are being exploited as cotton workers11. Similarly in Bangladesh, exploitation has also been taken place in the fabric industry12. It is without a doubt that a lot more examples can be given merely by typing key phrases into Internet search engines however, to genuinely start protecting worker’s rights within developing countries, is media sensationalism really enough? The exploitation of the workforce today is not at all a new-‐born issue despite the prolonged involvement of the international community. Why has the exploitation not been eradicated yet? How should we, as one of the UNGA revisit and tackle the issue at hand? © London International Model United Nations 2015
www.limun.org.uk 3 Brief History of Protecting Worker’s Rights 1802 – First Landmark of Modern Labour Law: British Health and Morals of Apprentices Act, sponsored by Sir Robert Peel.13 1909 – Passage of the British Trade Boards Act (U.K.)14 1919 – Creation of the International Labour Organisation (ILO)15 1930 – Forced Labour Convention (C029, ILO)16 1935 – Achieving trade unionism and collective bargaining: the National Labour Relations Act (U.S.)17 1944 – Declaration Concerning the Aims and Purposes of the International Labour Organisation (ILO), (Declaration of Philadelphia)18 1946 – ILO became the first specialised agency within the United Nations.19 1948 – Adoption of the Universal Declaration of Human Rights20 1949 – Right to Organise and Collective Bargaining Convention (C098, ILO)21 1951 – Equal Remuneration Convention (C100, ILO)22 1958 – Discrimination (Employment and Occupation) Convention (C111, ILO)23 1965 – Adoption of the International Convention n the Elimination of All Forms of Racial Discrimination24 1966 – Adoption of the International Covenant on Economic, Social and Cultural Rights (ICESCR)25 and adoption of the International Covenant on Civil and Political Rights (ICCPR)26 1979 – Adoption of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)27 1998 – ILO Declaration on Fundamental Principles and Rights at Work28 2003 – Working Time Directive (2003/88/EC)29 2006 – Establishment of the Global Compact Human Rights Working Group (HRWG)30 © London International Model United Nations 2015
www.limun.org.uk 4 Background While there is evidence of calls, protests and sometimes even armed struggles for better working conditions initiated by workers ever since the Middle Ages, the modern concept of workers’ rights is relatively new. It can be traced back to the 19th century, which saw the first rules limiting the employment of children in England31 and the creation of the first labour unions following the industrialization process. Working conditions at that time were difficult, there was a substantive power difference between the employers and the workers, where the employers were much stronger, and could demand long working hours from their workers with relatively low payment in return. The workers were unable to negotiate better working conditions for themselves, and their solution was to join together in order to have more power over their employers, demanding better working conditions, sometimes threatening with strikes or other measure to sabotage production. In 1919 the International Labour Organization (ILO) was established as part of the League of Nations in order to protect and promote workers’ rights, and was later incorporate into the United Nations. Workers’ rights were further incorporated into the Universal Declaration of Human Rights (UDHR) under article 23 and article 24, which reads32:
UDHR Article 23 •
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. •
(2) Everyone, without any discrimination, has the right to equal pay for equal work. •
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. •
(4) Everyone has the right to form and to join trade unions for the protection of his interests. UDHR Article 24 •
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. © London International Model United Nations 2015
www.limun.org.uk 5 The ILO has further published several conventions regarding the Freedom of Association33, Right to organize and Collective Bargaining 34 , Abolition of Forced Labour 3536 , Minimum Wage 37 , non-‐
discrimination and equal pay for equal work. While not all conventions have been ratified by all member states, those conventions along with the UDHR classify basic workers' rights as part of the customary international law. Workers’ Rights in a Global View A correlation between how developed a country is, and its workers’ right exists, however, that correlation is not absolute. The International Trade Union Confederation's (ITUC) Global Rights Index 38 , ranks 139 countries against 97 internationally recognized indicators to assess where workers’ rights are best protected in law and in practice. Their findings that can be found in figure 1 shows the level (1 – 5+) of all 139 countries. Figure 1 -‐ ITUC Global Rights Index39 1 – Irregular violations of rights: 18 countries. 2 – Repeated violations of rights: 26 countries. 3 – Regular violations of rights: 33 countries. 4 – Systematic violations of rights: 30 countries. 5 – No guarantee of rights: 24 countries. 5+ -‐ No guarantee of rights due to breakdown of the rule of law: 8 countries. © London International Model United Nations 2015
www.limun.org.uk 6 Workers’ rights take a somewhat different form, and have a different meaning across different nations. Where one nation may work towards legislation shortening the work week from 45 hours to 40 hours, other nations are struggling to avoid child labour, have a very low minimum wage (if at all) and have no limitation on the number of hours a worker can work. Our debate will focus mostly on developing nations, in which workers’ rights are still lagging behind, and whether we should aim to improve the workers’ rights within those nations, and how to achieve that goal. Workers’ rights in developing nations Workers' rights in developing nations are usually lagging behind on many aspects. Observing minimum wage around the world, we find that many developing nations have no minimum wage (such as UAE or Somalia). Or has minimum wage laws covering only some sectors of the work force (in Yemen for example, minimum wage is only covering the civil sector). Even when minimum wage laws exists, the minimum wage is usually very low, even as low as a few USD cents per hour in some cases.40 Another prominent aspect is working conditions. In many developing nations, large part of the economies is based on menial labour, such as mining or construction. Work places in those counties often lack modern technology and proper safety measures, and therefore the workers working there are exposed to various dangers, from accidents when using heavy machinery, to exposure to chemicals or other hazards. One of the reasons for those working conditions and low salaries is the high unemployment rates in many developing nations. Unemployment in most developing nations are higher than 10%41, with rates reaching 20-‐30% in some of them42. Such high unemployment rates, along with extreme poverty in those countries are forcing citizens to accept jobs wherever they can find them. It also puts the potential employees at a much weaker position to negotiate better working conditions, as they are easily replaceable. While most people believe improving workers’ rights will help those workers and help combat poverty, it is not always the case: On the micro level, a major argument against improvement of workers’ rights through legislation and against the will of the employers is increase in unemployment rates. By increasing the workers' © London International Model United Nations 2015
www.limun.org.uk 7 rights the operation expenses of many companies will also increase, and in turn, in order to push down expenses, those companies will have to compensate by firing some of their workers. On the macro level, the problem intensifies, a country providing cheap labour will attract more investors who will create more jobs, pay taxes and help improve and advance that country’s economy. Legislation improving workers’ rights might scare off potential investors, and therefore hurt the economy. We therefore find ourselves in a situation where improving workers’ rights in order to help those worker’s might actually work against them, and understand that improving rights is somewhat a trade-‐off. The more radical the change, the more dangerous it is, which means those developing nations who have relatively few workers’ rights need to find the balance that best fits them. Case Study: Indonesia Figure 2 -‐ Indonesia Indonesia is one of the most populated countries in the world, estimates at around 252 million citizens in 201443, because of their large population, their GDP is very high, reaching 856 billion USD in 201444, but a per capita GDP of only 3,404 USD45, among the lowest in the world (currently ranked 120th46). © London International Model United Nations 2015
www.limun.org.uk 8 Indonesia has a large number of child workers (estimated at 3.2 million children between the ages of 10-‐1747). A large number of them (around 1.5 million) working in the agriculture industry, and are exposed to many hazards, such as extreme temperatures, pesticides and organic dust. They work long hours, handle heavy machinery and dangerous tools and more than half of those workers have started working before the age of 15. Furthermore, almost none of the working children are attending school.48 Gender-‐based discrimination is very prominent in Indonesia; women are suffering from fewer opportunities for employment, worse working conditions and pay, sexual harassment and lack of domestic protection.49 The informal economy50 in Indonesia, which is all economic activities that are not covered by social security, employs around 68% of the working force and are not protected by workers’ rights laws, they are subjected to low pay and hazardous working conditions. Domestic workers are especially exploited in Indonesia, Papang Hidayat, an Amnesty International’s Indonesia researcher has said: “Domestic workers remain essentially second-‐class citizens in Indonesia. Millions of them, the vast majority women or girls, are at risk of exploitation and many are abused, but have no legal means of improving their own situation”51, under Indonesian law, domestic workers do not have the same protections as other workers, they receive low salaries and are subjected to abuse by their employers. Indonesia is a prime example of a country where workers' rights are lagging behind on many different aspects (child labour, lacking coverage of social security and minimum wage to name a few). However it is only one example, and many other countries are similarly facing multiple problems regarding workers' rights. The question remains – where should those countries focus their efforts first? Case Study: Electronic Manufacturers Many of the products used by people living in developed nations are being created by workers in developing nations, with the most prominent of those being electronic devices such as smartphones. A recent report titled "The Truth behind the Barcode: Electronic Industry Trends"52 compiled by Not For Sale and Baptist World Aid looked at 39 large tech companies, specifically at the working conditions in their suppliers, and found that almost all of them couldn’t prove proper working © London International Model United Nations 2015
www.limun.org.uk 9 conditions for their employees. Around half of them were unable to identify all of their suppliers and almost none of them knew the source of their raw materials. The major electronic firms are trying to decrease operating expenses by outsourcing their manufacturing processes to third party companies and demand low prices. The suppliers, in turn, wanting to win the contracts have to show operational superiority which are measured by the bottom line – the price they charge for production of each device, and are therefore offering low salaries and long hours. Combined with high unemployment rates, and no other viable alternatives, people living in developing nations are forced to agree to those conditions. The production usually takes places in huge factories, employing thousands, or even tens of thousands of employees, working long shifts in bad conditions, and being paid very low salaries. There are several reports of people committing suicide in those factories, which have led to nets being tied around the buildings to prevent such attempts. The movement calling for corporate social responsibility, as well as the general population in the developed nations are all pushing for large electronic firms to responsibility for the production processes of their devices, and ensure that those employees that are tasked with creating our electronic devices have better working conditions, and are paid fair salaries for their work. Points a Resolution Should Address 1. Are workers’ rights integral parts of Human Rights? Are they universal, or does each nation can define workers’ rights according to their views and needs? 2. Are the current conventions enough to protect workers’ rights? How can we get more member states to sign and ratify them? 3. How can a developing nation best protect the rights of its workers without hurting future growth? 4. On what aspects of workers' rights should developing countries focus? How will that affect other aspects of workers' rights? 5. What is the responsibility of developed nations in ensuring better working conditions for workers in developed nations creating consumer products? © London International Model United Nations 2015
www.limun.org.uk 10 1
Social, Humanitarian & Cultural, Third Committee: http://www.un.org/en/ga/third/index.shtml
Ibid.
3
Documents per agenda item: SOCHUM: http://www.un.org/en/ga/third/69/documentslist.shtml
4
Mantouvalou (2012), “Are Labour Rights Human Rights?” UCL Labour Rights Institute On-Line Working Papers, U.K.
5
Global Issues: http://www.globalissues.org/issue
6
Crime and Corruption Top Problems in Emerging and Developing Countries: http://www.pewglobal.org/2014/11/06/crime-andcorruption-top-problems-in-emerging-and-developing-countries/
7
http://www.who.int/heli/risks/ehindevcoun/en/
8
http://www.bbc.com/news/business-30532463
9
http://www.theguardian.com/commentisfree/2012/jan/16/foxconn-suicide-china-society
10
http://www.bbc.co.uk/news/10182824
11
http://www.bbc.co.uk/news/world-asia-16639391
12
http://www.theguardian.com/global-development/poverty-matters/2013/may/16/bangladesh-garment-workers-exploitationslavery
13
Historical Development of Labour Law (Encyclopaedia Britannia):
http://www.britannica.com/EBchecked/topic/326911/labour-law/21751/Historical-development-of-labour-law
14
Deakin and Green (Autumn, 2009), “ A Century of Minimum Wages in Britain”, CentrePiece, London School of Economics
and Political Science, U.K: http://cep.lse.ac.uk/pubs/download/cp291.pdf
15
Origin and History (ILO): http://www.ilo.org/global/about-the-ilo/history/lang--en/index.htm
16
ILO DOC:
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312174:NO
17
See 1.
18
ILO Doc: http://www.ilo.org/asia/decentwork/dwcp/WCMS_142941/lang--en/index.htm; Page 52, Kaufmann (2007),
Globalisation and Labour Rights: The Conflict between Core Labour Rights and International Economic Law, Hart Publishing,
Oxford.
19
Guides to Archives of International Organisations (UNESCO):
http://www.unesco.org/archives/sio/Eng/presentation_print.php?idOrg=1019
20
UN DOC: http://www.un.org/en/documents/udhr/
21
ILO DOC:
22
ILO DOC:
23
ILO DOC:
24
UNDOC: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx
25
UN DOC: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx
26
UN DOC: http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
27
UN DOC: http://www.un.org/womenwatch/daw/cedaw/
28
ILO DOC: http://www.ilo.org/declaration/lang--en/index.htm
29
EC: http://ec.europa.eu/social/main.jsp?catId=706&langId=en&intPageId=205
30
Human Rights and Labour Working Group (UN Global Compact):
https://www.unglobalcompact.org/Issues/human_rights/Human_Rights_Working_Group.html
31
http://www.nationalarchives.gov.uk/education/resources/1833-factory-act/
32
http://www.un.org/en/documents/udhr/index.shtml#a23
33
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:312232
34
See 13.
35
36
37
38
http://www.ituc-csi.org/IMG/pdf/survey_ra_2014_eng_v2.pdf
39
http://www.ituc-csi.org/new-ituc-global-rights-index-the
40
http://www.wageindicator.org/main/salary/minimum-wage
41
http://www.indexmundi.com/map/?v=74
42
Ibid.
43
http://www.bi.go.id/sdds/series/pop/index_pop.asp
44
http://www.imf.org/external/pubs/ft/weo/2014/02/weodata/weorept.aspx?pr.x=70&pr.y=2&sy=2013&ey=2013&scsm=1&ssd=
1&sort=country&ds=.&br=1&c=536&s=NGDPD%2CNGDPDPC%2CPPPGDP%2CPPPPC&grp=0&a=
45
Ibid.
2
© London International Model United Nations 2015
www.limun.org.uk 11 46
http://knoema.com/nwnfkne/world-gdp-ranking-2014-data-and-charts
http://ilo.org/jakarta/areasofwork/child-labour/lang--en/index.htm
48
http://ilo.org/jakarta/areasofwork/WCMS_126206/lang--en/index.htm
49
http://ilo.org/jakarta/areasofwork/equality-and-discrimination/lang--en/index.htm
50
http://ilo.org/jakarta/areasofwork/informal-economy/lang--en/index.htm
51
http://www.amnesty.org/en/news/indonesia-exploited-domestic-workers-urgently-need-legal-protection-2014-02-13
52
https://www.baptistworldaid.org.au/assets/BehindtheBarcode/Electronics-Industry-Trends-Report-Australia.pdf
47
www.limun.org.uk 12 Topic B: The Protection of Children with Focus on Child Prostitution and Sex Tourism Introduction Child Prostitution "Child" was used as defined by the United Nations Convention on the Rights of the Child1, Article 1 as "every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier". With respect to child prostitution and pornography the point of departure was taken from Vitit Muntarbhorn, then United Nations Special Rapporteur on the Sale of Children, at the 48th Session of the United Nations Human Rights Commission, 1992: "'Child Prostitution' refers to the sexual exploitation of a child for remuneration in cash or in kind, usually but not always organized by an intermediary (parent, family member, procurer, teacher, etc.)" "The term 'child pornography' refers to the visual or audio depiction of a child for the sexual gratification of the user, and involves the production, distribution and/or use of such material." Child prostitution involves offering the sexual services of a child or inducing a child to perform sexual acts for any form of compensation, financial or otherwise. Child prostitution differs from child sexual abuse, such as incest or molestation, because it involves commercial exploitation. However, it is similar to child sexual abuse in that children cannot consent to being prostituted because, in addition to child prostitution being illegal and a violation of human rights conventions, children do not have the requisite capacity to make such decisions. Chinese and Indian children were commonly sold by their parents into prostitution. Parents in India sometimes dedicated their female children to the Hindu temples, where they became "devadasis".2 Traditionally in a high status in society, the devadasis were originally tasked with maintaining and cleaning the temples of the Hindu deity to which they were assigned (usually the goddess Renuka) and learning skills such as music and dancing. However, as the system evolved, their role became that of a temple prostitute, and the girls, who were "dedicated" before puberty, were required to prostitute themselves to upper class men. The practice has since been outlawed but still exists. © London International Model United Nations 2015
www.limun.org.uk 13 In Europe, child prostitution flourished until the late 1800s; minors accounted for 50% of individuals involved in prostitution in Paris. A scandal in 19th-‐century England caused the government there to raise the age of consent. In July 1885, William Thomas Stead, editor of the Pall Mall Gazette, published "The Maiden Tribute of Modern Babylon,3" four articles describing an extensive underground sex trafficking ring that reportedly sold children to adults. Stead's reports focused on a 13-‐year-‐old girl, Eliza Armstrong, who was sold for £5 (the equivalent of around £500 in 2012), then taken to a midwife to have her virginity verified. The age of consent was raised from 13 to 16 within a week of publication. During this period, the term white slavery came to be used throughout Europe and the United States to describe prostituted children. For the purposes of this article, a child is anyone younger than 18 years, as defined by the UN Convention on the Rights of the Child. Sex Tourism Child sex tourism (CST) is the sexual exploitation of children by a person or persons who travel from their home district, home geographical region, or home country in order to have sexual contact with children. Child sex tourists can be domestic travellers or they can be international tourists. CST often involves the use of accommodation, transportation and other tourism-‐related services that facilitate contact with children and enable the perpetrator to remain fairly inconspicuous in the surrounding population and environment. Child sex tourism involves the exchange of cash, clothes, food or some other form of consideration to a child or to a third party for sexual contact. CST occurs in multiple venues, from brothels in red-‐light districts to beaches or five-‐star hotels and in urban, rural or coastal settings. It can occur over a long period of time, for example, where there is a long ‘grooming’ process, during which a child sex offender befriends a vulnerable child and obtains his or her trust before exploiting the child sexually. In other cases, the child sex tourist purchases a sexual service directly from a third party that is holding the child in a position of exploitation and who then makes the child available to the tourist. Child sex tourism has had a long and tainted history in many countries but in countries like Costa Rica, Honduras, Cambodia, Thailand and Philippines, this issue is far more prevalent.4 © London International Model United Nations 2015
www.limun.org.uk 14 Brief History of the Problem Child Prostitution Prostitution of children dates to antiquity. Prepubescent boys were commonly prostituted in brothels in ancient Greece and Rome. According to Ronald Flowers, the "most beautiful and highest born Egyptian maidens were forced into prostitution...and they continued as prostitutes until their first menstruation." 1989 – Convention on the Rights of the Child (UNGA Res 44/25)5 1990 – Appointment of a Special Rapporteur on the sale of children, child prostitution and child pornography6 1991 – Creation of the Committee on the Rights of the Child (CRC)7 1996 – UN Forces on Peacekeepers Involved in Child Prostitution8 1996 – First World Congress against the Commercial Sexual Exploitation of Children, Stockholm, Sweden9 1999 – Worst Forms of Child Labour Convention, (No.182, ILO)10 2001 – Second World Congress against the Commercial Sexual Exploitation of Children, Yokohama, Japan (SWC)11 2002 – Adaptation of the Convention on the Rights of the Child on the Sales of Children, Child Prostitution and Child Pornography, (A/RES/54/263/UN)12 2006 – UN probes child prostitution ring: The United Nations is investigating allegations that some of its peacekeepers in the Democratic Republic of Congo have used child prostitutes. (BBC)13 2007 – International Programme on the Elimination of Child Labour (IPEC), Guidelines on the design of direct action strategies to combat commercial sexual exploitation of children, Geneva (ILO)14 2008 – World Congress III against the Sexual Exploitation of Children, Rio de Janeiro, Brazil15 2008 – Commercial Sexual Exploitation of Children and Adolesents: The ILO Response16 2010 – Adaption of the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Council of Europe)17 2014 – Report of the Special Rapporteur on the sale of children, child prostitution and child pornography (A/69/262, UN)18 © London International Model United Nations 2015
www.limun.org.uk 15 Sex Tourism Sexual tourism did not arise as a way of improving tourism, the nightclubs and brothels were places designed for the local population, but due to comments and rumours of the experiences people had in there, and the morbid fascination of knowing what was happening, more people started getting curious about it and a lot of people started visiting those places. 1996 – First World Congress against the Commercial Sexual Exploitation of Children, Stockholm, Sweden19 1997 – Initiation of the World Tourism Network on Child Protection (World Tourism Organisation, UNWTO)20 2001 – Second World Congress against the Commercial Sexual Exploitation of Children, Yokohama, Japan (SWC)21 2003 – PROTECT Act22 2003 – Prevention of Child Pornography Ordinance, Government of Hongkong23 2004 – Establishment of The Child Sex Tourism Prevention Project, World Vision, U.S.24 2007 – Mandate update of the World Tourism Network on Child Prostitution, UNWTO25 2008 – Federal Bureau of Investigation (FBI, USA), Child Sex Tourism Initiative26 2009 – “Offenders Beware Project”, Eliminate Child Prostitution, Child Pornography and the Trafficking of children for Sexual Purposes (ECPAT)27 2008 – World Congress III against the Sexual Exploitation of Children, Rio de Janeiro, Brazil28 2010 – UNODC,Interpol, “Project Childhood”: Protection Pillar: ‘Enhancing law enforcement capacity for national and transnational action to identify and effectively act upon travelling child-‐
sex offenders in the Mekong (XSPT33)29 2010 – “Brazil’s sex tourism boom”: Young children are supplying an increasing demand from foreign tourists who travel to Brazil for sex holidays, according to BBC investigation30 © London International Model United Nations 2015
www.limun.org.uk 16 Child Prostitution: Contributing Factors and Effects Contributing Factors Social, cultural, and economic factors contribute to child prostitution through gender bias, discrimination, poor education, and poverty31. For example, in some communities, prostitution is widely accepted, laws against child prostitution are not enforced, or both. In other communities, male clients believe that children are less likely to pass on HIV infection and sexually transmitted diseases (STDs). Children of sex workers are at risk of being prostituted. Homeless, runaway, or abandoned children are frequently pushed into prostitution and actively recruited by pimps and traffickers. Sometimes girls are enticed or kidnapped and then forced into prostitution. In some areas of developing countries, international sex tourism (travel solely for the purpose of having sex) is a significant cause of child prostitution. Finally, in rare cases, families give their children to religious or tribal elders as atonement for adult wrongdoings. Specific causes of child prostitution might differ between countries and communities. For example, in parts of Nigeria, children fleeing abuse at home are pushed into prostitution, whereas child prostitution in Nepal is attributed to poverty. In the USA, child prostitution is linked with childhood sexual abuse. In some countries, such as Thailand, specific factors contributing to child prostitution differ between regions and often depend on ethnic origin such as being from Bangkok or northern tribal communities. Poverty and the profitability of prostitution are the main factors that sustain this industry. The sex industry worldwide generates an estimated US$20 billion or more yearly, of which $5 billion is attributed to child prostitution32. Prostituted children are often responsible for providing financial support (income remittances) to their families. Strategies to remove children from prostitution must address this issue, lest the lost income simply results in other children being pushed into sex work. Finally, there are societal costs of child prostitution, including adverse health effects and restriction of education. © London International Model United Nations 2015
www.limun.org.uk 17 Effects 1. Infectious Diseases Prostituted children are at high risk of many infectious diseases and their sequela. In many locations, prostituted children are at high risk of infection with HIV. For example, in a study by the Economic and Social Commission for Asia and the Pacific (ESCAP) of 176 prostituted children in six countries, HIV infection rates ranged from 5% in Vietnam to 17% in Thailand. According to another report, 50–90% of children rescued from brothels in parts of Southeast Asia are infected with HIV. The risk of HIV infection in prostituted children will depend on several factors, including the local prevalence of HIV infection in sex workers, access to condoms, and attitudes of clients towards their use. In some communities, up to 86% of sex workers are infected with HIV. Adolescent girls have a 1 % risk of acquiring HIV infection during one act of unprotected sex with an infected partner. In addition, prostituted children who are infected with an STD that causes genital ulcers, such as syphilis or chancroid, have a four times increased risk of HIV infection. Lack of clinical services for children with STDs increases their risk of acquiring HIV since they will be untreated or will self-‐medicate. Finally, prostituted children who are infected with HIV have a very high risk of developing active tuberculosis. 2. Pregnancy Sexually active adolescents who do not use contraception have a 90% chance of becoming pregnant within 1 year. Since many prostituted girls do not have access to contraceptives, many will become pregnant. These girls are also at high risk of pregnancy-‐related complications, including death. Although there are no specific data on pregnancy-‐related morbidity and mortality in prostituted children or adult sex workers, maternal morbidity in girls younger than 18 years is two to five times greater than in women aged 18–25 years, and pregnancy-‐related deaths resulting from obstructed labour, infections, haemorrhage, abortion, and anaemia, are the leading cause of death for girls aged 15–19 years worldwide. © London International Model United Nations 2015
www.limun.org.uk 18 Many prostituted children who become pregnant seek abortions: in the ESCAP study33, of 12 girls who became pregnant in Vietnam, eight had abortions. Between 1·∙0 and 4·∙4 million abortions are done on adolescents every year, many of which are unsafe. These abortions place prostituted children at high risk of death and injury. Of an estimated 20 million unsafe abortions done every year, 80 000 result in maternal deaths—nearly 13% of all maternal deaths. In addition, between 10% and 50% of all women who undergo unsafe abortions require medical care for complications. 3. Mental Illness and Violence Child prostitution often results in serious long-‐term psychological harm, including anxiety, depression, and behavioural disorders. For example, in a study in 12 sex workers in Cambodia, all the women and girls had been victimised and felt helpless, damaged, degraded, betrayed, and shamed. Many of the young women reported depression, hopelessness, inability to sleep, nightmares, poor appetite, and a sense of resignation. Prostituted children are also at high risk of suicide and post-‐traumatic stress disorder. In the USA, 25 (41%) of 61 pregnant prostituted adolescents reported that they had seriously considered or attempted suicide within the past year. 67% of 475 sex workers in five countries met the diagnostic criteria for post-‐traumatic stress disorder. Such mental health problems are serious challenges to effective treatment and reintegration of these children into society. Prostituted children are at risk of injuries, including rape, as a result of violence from pimps, clients, police, and intimate partners. Girls who are forced into prostitution may be physically and emotionally abused into submission. Other girls are beaten to induce miscarriages. Results from a study of 475 prostitutes in five countries underscore their risk of violence-‐related injuries. 73% of participants reported being physically assaulted while working as a sex worker, and 62% reported having been raped since entering prostitution. Children can be killed by such violence. These are some of the larger and well-‐researched effects. Other effects such as malnutrition, substance abuse, and early childbirth are also a major cause of worry. © London International Model United Nations 2015
www.limun.org.uk 19 Child Sex Tourism (CST): Contributing Factors and Effects CST and Pornography A striking feature of child sex tourists, especially preferential child sex tourists and paedophiles, is the frequency with which they produce, collect and exchange images of abuse. In many CST cases, the offending adult films or records the abuse inflicted upon the child at the tourism destination, linking CST with the production of child pornography. The offender may keep the images for his or her own consumption or may share them with other child pornography consumers. The child pornography can also be used for commercial gain, with the tourist who produced it sharing it or placing it on the Internet in exchange for money or some other consideration. Child pornography can thus lead to additional child sex tourists being attracted to a tourism destination. CST and Child Trafficking Children exploited in CST destinations are often locally based. However, children are also trafficked internally or across borders to service sex tourists. There are multiple cases of minors trafficked to other countries for prostitution and in particular to service tourists who are wealthier than locals. Cambodia, for instance, has long struggled with the issue of Vietnamese girls who are trafficked into Cambodia for sexual exploitation by both Cambodian clientele and foreign visitors. In Guatemala, minors from several surrounding countries (El Salvador, Honduras, Nicaragua, Costa Rica, Belize) were discovered in brothels, underlining the fact that CST is not a phenomenon that affects only local children. Furthermore, CST can be the end purpose of domestic trafficking of children. Recent research in Kenya revealed the extent of CST in the coastal areas and that it is particularly minors from within the country that are affected by it. CST and Child Marriage Child marriage or early marriage (the marriage of children below the age of 18) can be considered a form of commercial sexual exploitation of children when the married child is used as an object of sexual gratification in exchange for money or another form of payment. Accordingly, child marriage can also be a thinly veiled form of CST. There are instances where a national from one country © London International Model United Nations 2015
www.limun.org.uk 20 travels to another country to marry a minor (in this case always girls) in exchange for money or other forms of consideration to the parents, spends a week with the girl, but then abandons her and returns to his home country, never to interact with the girl or the family again. Such occurrences have been noted in the Middle East and South Asia, where early marriage is still a common practice. Points a Resolution Should Address Ø What measures can be taken by member nations to protect children from sexual exploitation and sexual abuse? Ø What are the other facets of sexual abuse and sexual exploitation and what measures can be taken? Ø How can the needs of victims of child sex abuse be attended to? Ø How can child pornography be dealt with? Ø Can this committee take the help of other organisations/UN bodies? If so, how can other organisations/UN bodies help? Ø What is the role of Information Technology in sexual exploitation and sexual abuse of children? Ø How can governments of member nations counter the harmful effects of Information Technology with respect to sexual exploitation and sexual abuse of children? © London International Model United Nations 2015
www.limun.org.uk 21 Bibliography and Further Reading 1. Kelly, Wingfield et al (1995), Splintered Lives: Sexual Exploitation of Children in the Context of Children’s Rights and Child protection, Barnardo’s, Essex (UK) 2. Developing World Exploitation being funded by Australian Banks, says Oxfam: http://www.theguardian.com/business/2014/apr/28/third-‐world-‐exploitation-‐being-‐
funded-‐by-‐australian-‐banks-‐says-‐oxfam 3. Age of Consent Laws: http://chnm.gmu.edu/cyh/teaching-‐modules/230 4. Sexual Exploitation and Prostitution and its impact on gender equality: http://www.europarl.europa.eu/RegData/etudes/etudes/join/2014/493040/IPOL-‐
FEMM_ET(2014)493040_EN.pdf 5. International Child Sex Tourism, The protection project: John Hopkins University: http://www.protectionproject.org/wp-‐content/uploads/2010/09/JHU_Report.pdf 6. A brief summary of prostitution: http://www.fondationscelles.org/en/prostitution/a-‐
summery-‐of-‐prostitution#commercialization 7. Child prostitution: global health burden, research needs, and interventions; Brian Willis, Barry S Levy: The Lancet: http://www.thelancet.com/journals/lancet/article/PIIS0140-‐
6736(02)08355-‐1/fulltext#back-‐bib11 8. Protection of Children in Tourism: Taskforce for protecting children: http://www.unwto.org/protect_children/index.php?q=es/protect-‐children# 9. Combating child sex tourism: ECAPT: http://www.ecpat.net/sites/default/files/cst_faq_eng.pdf 10. Department of Justice and Equality; Discussion Document on Future Direction of Prostitution Legislation: http://www.justice.ie/en/JELR/Discussion%20Document%20on%20Future%20Direction%20
of%20Prostitution%20Legislation.pdf/Files/Discussion%20Document%20on%20Future%20D
irection%20of%20Prostitution%20Legislation.pdf © London International Model United Nations 2015
www.limun.org.uk 22 11. Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography: http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPSCCRC.aspx 12. Resolution 11/3. Trafficking in persons, especially women and children: http://www.un.org/womenwatch/daw/vaw/humanrights/A_HRC_RES_11_3.pdf 13. Resolution 8/12. Special Rapporteur on trafficking in persons, especially women and children http://ap.ohchr.org/Documents/E/HRC/resolutions/A_HRC_RES_8_12.pdf 1
Convention on the Rights of Child: http://www.unicef.org/crc/
WHAT IS A DEVADASI: http://www.missionindia.org/cp/what-is-a-devadasi
33
The Maiden Tribute of Modern Babylon: http://www.attackingthedevil.co.uk/pmg/tribute/
4
http://www.protectionproject.org/wp-content/uploads/2010/09/JHU_Report.pdf
5
UN Doc: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
6
http://www.ohchr.org/EN/Issues/Children/Pages/ChildrenIndex.aspx
7
http://www.humanium.org/en/convention/committee/
8
NY Times: http://www.nytimes.com/1996/12/09/world/un-focuses-on-peacekeepers-involved-in-child-prostitution.html
9
http://www.ecpat.net/world-congress-against-commercial-sexual-exploitation-children
10
http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C182
11
See 5.
12
UN Treaty: https://treaties.un.org/pages/viewdetails.aspx?src=ind&mtdsg_no=iv-11-c&chapter=4&lang=en
13
http://news.bbc.co.uk/2/hi/africa/5260210.stm
14
http://ilo.org/ipec/areas/CSEC/WCMS_093889/lang--en/index.htm
15
http://www.unicef.org/infobycountry/philippines_46406.html
16
http://ilo.org/ipec/Informationresources/WCMS_IPEC_PUB_9150/lang--en/index.htm
17
http://conventions.coe.int/Treaty/EN/treaties/Html/201.htm
18
http://www.ohchr.org/EN/newyork/Pages/HRreportstothe69thsessionGA.aspx
19
http://www.ecpat.net/world-congress-against-commercial-sexual-exploitation-children
20
http://ethics.unwto.org/content/world-tourism-network-child-protection
21
See 5.
22
http://www.gpo.gov/fdsys/pkg/PLAW-108publ21/html/PLAW-108publ21.htm
23
http://www.legislation.gov.hk/blis_pdf.nsf/6799165D2FEE3FA94825755E0033E532/CFAA292BD52BAF67482575EF001E9C6B/
$FILE/CAP_579_e_b5.pdf
24
http://www.worldvision.org/content.nsf/6d1210430917461d8825735a007e2f2b/globalissues-stp
25
See 1.
26
http://www.fbi.gov/news/news_blog/bureau-initiative-focuses-on-child-sextourism;http://www.fbi.gov/news/stories/2014/may/bureau-initiative-focuses-on-child-sex-tourism/bureau-initiative-focuses-onchild-sex-tourism
27
http://resources.ecpat.net/EI/Programmes_activity.asp?groupID=3
28
http://www.unicef.org/infobycountry/philippines_46406.html
29
https://www.unodc.org/southeastasiaandpacific/en/Projects/2010_08/project_childhood.html
30
http://www.bbc.co.uk/news/world-10764371
31
United Nations. Interim report by the Special Rapporteur of the Commission on Human Rights on the sale of children, child
prostitution and child pornography (A/51/456 7). General Assembly, Geneva; 1996
32
The sex industry giving the customer what he wants. The Economist, Feb. 1998
33
Economic and Social Commission for Asia and the Pacific. Sexually abused and sexually exploited children and youth in the
greater Mekong subregion: a qualitative assessment of their health needs and available services. United
Nations, Geneva; 2000
2
www.limun.org.uk 23

Social, Humanitarian and Cultural Committee (SOCHUM)

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