The efforts of ASEAN-ACWC in addressing the trend of sexual crimes against children online

1. The efforts of ASEAN-ACWC in addressing the trend of sexual crimes against children online Conference on Sexual Crime against Children Online: Law Enforcement and Regional Cooperation

2. Protecting Children from Online Exploitation • New trend where Internet and other computer communication facilities used to exploit children sexually • Child pornography and Unwanted Exposure of Children to Pornographic material • Child Sex Tourism and Prostitution through media online • The internet further supports the child sex tourism industry by providing patrons of these tours a means by which to easily connect with like-minded others throughput the world

3. Problems • Indonesia • Problem of sexual exploitation is increasing and more complex • In 2009 Indonesia ratified The UN Convention against Transnational Organized Crime and The UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. • In 2008, Indonesia launched National Act Number 44 about Pornographyand National Act Number 11 about Electronic Transaction and Information that contains the criminalization of child pornography • These two Acts complete various laws/regulations such as National Act on Child Protection, National Act Number 23/2004 about domestic violences in households and National Law Number 21/2007 about Trafficking in persons etc. • In 2012, Indonesia has adopted Optional Protocol on CRC on the Sale of Children, Child Prostitution and Child Pornography

4. Indonesia has launched a National Plan of Action on Human Rights (2004-2009) • The plan contains a specific objective on child rights, including the issues of trafficking, sexual exploitaton on children, child pornography and the worst form of child labour • National Plan of Action for the Eradication of Commercial Sexual Exploitation of Children (2002-2007) and National Plan of Action to Combat Trafficking of Women and Children (2002-2007) • Special desks were establihed by police to serve victims of exploitation on women and children

5. However, there are some inconcistencies and contradictions in national laws/regulations comparing to international instruments • There is no comprehensive data • Lack of coordination between central and local government • Many child victims were treated as criminals and penalised for prostitution offences by law enforcement authorities • Lack of capacity of law enforcers. Many child victims feel that they are re-victimized by receiving wrong treatment from police • Rehabilitation, recovery and reintegration processes do not follow the international standard set up by international agencies. Police, judges, doctor/medical staffs and journalist need to understand the guidelines and principles

6. Other Member States • Other ASEAN Member States have also launched special laws and/or regulations on this issues of sexual commercial exploitation on childen, sale of children, child prostitution and child pornography as well as trafficking on children • National Plan of Actions habe been set up in every member state • Philippines, Thailand and Viet have ratified Optional Protocol on Sale of Children, Child Prostitution and Child Pornography Viet Nam • It should be recognized that the Government of Viet Nam has made important and specific efforts to adapt its own laws and regulations to harmonize with the UN Convention on the Rights of the Child as well as complement these with an abundance of other international agreements and documents. This has also been recognized by the UN Committee on the Rights of the Child in their Concluding Observations (2003), although the Committee also “remains concerned that domestic laws do not yet fully comply with the provisions and principles of the Convention”.

7. Viet Nam has a good law base regarding Sale of Children, Child Prostitution and Child Pornography that ensures the protection of children. However, we believe that the enforcement of the law has to be enhanced in order to improve a true protection of children. Initially, the Viet Nam Government may consider making a comprehensive statistics on arrests and convictions to evaluate the law enforcement efforts. • A coordinating body on Sale of Children, Child Prostitution and Child Pornography led by the Committee of Population, Family and Children should be established. The taskforce group should include representatives of CPFC, Ministry of Police, UN and selected NGOs. There should be a plan for periodical meetings to share information and to coordinate the combating of Sale of Children, Child Prostitution and Child Pornography.

8. Communications activities on Sale of Children, Child Prostitution and Child Pornography should be developed to reach the most remote areas of the country where there is a higher risk for children of being drawn into exploitation. • Awareness-raising on laws and regulations should be done, not only for citizens, but also authorities from province to commune level since a lack of adequate knowledge on laws sometimes means that authorities handle cases improperly. • The Government should take measures to ensure that children become actors who actively participate in preventing, dialoguing, reporting cases, caring and healing for victims regarding the Sale of Children, Child Prostitution and Child Pornography.

9. In general, Viet Nam has been giving special attention to build a legal system for the prevention and suppression of human trafficking in general and women and children trafficking particularly. • However, it would be necessary to better improve some areas of current Laws and Policies. Further details can be found in Ministry of Justice, UNICEF and UNODC report Assessment of the Legal System in Viet Nam in Comparison with the UN Convention against Transnational Organized Crime and Protocols of Trafficking in Persons and Smuggling of Migrants.

10. The term “trafficking in person” is not used frequently in Viet Nam but mainly “trafficking in women and children”. However, the definition is not really comprehensive (Summary Report on National Training Need Assessment on Counter Trafficking, IOM, UNICEF, SCUK, ILO and IOM, 2005 ). • Hence there are cases of trafficking still not brought to trial as case of trafficking. There are some cases where traffickers are not prosecuted or prosecuted for “bringing people cross border illegally” (Participatory Action Report, SCUK 2003 and 2005).

11. Lack of knowledge and skills, but also possibly in terms of perceptions regarding the victims, where these perceptions include regarding returnees less as valuable humans, but more as people who have themselves to blame for the situation they have ended up in. • The need for trained social workers has long been recognized in Viet Nam, but, as yet, social work is not officially recognised as a profession. This needs to be addressed urgently. Skilled social workers, with a diversity of specialities, can play a crucial role both in the preventive, to detect women/children at risk, as well as responsive work. • There is a need to develop clear victim identification, return and reintegration procedures since the support to the returning victims including children are still incomplete.

12. The Vietnamese Government has tried their best to create a legal framework to combat child prostitution. Besides the Penal Code and its concretized legal documents, there are many other legal documents dealing with the child trafficking and prostitution problem. These documents focus on two main aspects supplementing to relevant legal labour provisions. The first aspect is communication and education on prevention of child prostitution. The second is prevention of children from falling into situations in which they may become victims of sexual abuse or labour exploitation.

13. Thailand • Thailand has ratified Optional Protocol on Sale of Children, Child Prostotution and Child Pornography as well as Palermo Protocol and other international instruments • Has National Plan of Action on Exploitation, Anti-Trafficking, The Worst Forms etc and improve national act to protect child rights particulalrly in the issues of trafficking on children, child prostitution, child pornography and the worst forms of child labour • However, Thailand government is still urged to strengthen its efforts to provide adequate assistance and social reintegration services for sexually exploited and/or trafficked children in accordance with the Declaration and Agenda for Action and Global Committment at the 1996 and 2001 Congresses against CSEC

14. Thailand needs to strengthen measures to combat all forms of trafficking within country and accross its borders by ensuring effective enfircement of the relevant legislation • Also need to strengthen and expand bilateral and multi-lateral agreement and cooperation programmes with other countries of origin and transit to prevent trafficking in children • Need to ensure that children victims of trafficking are protected and not criminalized and that they are provided with adequate recovery and social reintegration services and programmes • Pay more attention on the increasing number of cases of sex tourism

15. Singapore • Increasing number of child prostitution, child pornography and online sexual exploitation of children, sexual exploitation in tourism • Very little concern on sexual exploitation of children • However, Singapore has ratified several international instruments, such as, Palermo Protocol and also National Plan of Action

16. Singapore has amended the Penal Code (Cap.224) to enhance the protection of children against commercial sexual exploitation committed by persons under the State party’s jurisdiction. • However, the relevant national legislation does not cover the full range of prohibitions contained in Article 3(b) of the ILO Convention (No. 182) on the Worst Forms of Child Labour, namely, the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances; • Limited action has been taken by the State party to combat sexual exploitation and abuse of children, including child sex tourism, and the impunity that perpetrators of such abuse enjoy; • Such cases are underreported as indicated in the statistical information provided by the State party; • Child victims are often considered and treated as prostitution offenders • Despite extraterritorial jurisdiction regarding the sexual exploitation of children committed by persons under the State party’s jurisdiction, the State party has hardly investigated, prosecuted or convicted a national or permanent resident for child sex tourism.

17. Singapore needs to fulfill its obligations under article 34 of the Convention and to develop as a matter of priority a systematic response to reports of sexual abuse and exploitation. • Bring its legislation into conformity with article 3(b) of the ILO Convention (No. 182) on the Worst Forms of Child Labour • Strengthen its efforts to implement legislation which criminalises acts of sexual exploitation and abuse with a view to ensuring that those who perpetrate sexual offences against children are duly brought to justice and sanctioned with appropriate penalties;

18. Establish shelters for child victims of sexual abuse and exploitation where children are provided with rehabilitation, recovery and social reintegration services; • Set up an effective and systematic monitoring mechanism for gathering data to ascertain the number of victims and trends; and • Develop a code of conduct for the protection of children from sexual exploitation in tourism and foster more active involvement of the tourism industry and the media.

19. Singapore has crimilized the acts of sale, trafficking and abduction of children and provide facilities and programmes for victims of trafficking and prostitution, inter alia, hotline, counselling, translation and residential services. • However, Singapore needs to investigate all trafficking cases that are reported, or punish perpetrators with appropriate penalties and that in some cases children victims of trafficking are treated as offenders and arrested for violation of immigration laws.

20. Singapore also needs to ensure that all trafficking cases involving children are promptly and thoroughly investigated and that perpetrators are prosecuted and punished with appropriate penalties, in particular cases involving the trafficking of children for commercial sexual exploitation; • Take all necessary legislative measures to prevent children who are victims of trafficking from being treated as offenders, in particular, ensuring that they are not detained, that they are provided with appropriate rehabilitative care, that they are reunited with their families, and that they are permitted to remain in the territory of Singapore sufficiently long to be an active party in a judicial process against their traffickers; • Conduct a study, with the involvement of civil society, on the nature and scope of the sale, trafficking and abduction of children

21. Raise public awareness about the extent to which trafficking is a problem within the country’s territory and the detrimental effects of child trafficking on the victims; • Strengthen and expand bilateral and multilateral agreements and cooperation programmes with countries of origin, transit and destination to prevent trafficking in children • Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (2000); and • Strengthen cooperation, among others, with the ILO/IPEC, International Organisation for Migration and non-governmental organisations.

22. Philippines • Philippines known as a source, transit and destination country for cross border trafficking of children for the purpose of sexual exploitation • Unfornately, there is comprehensive data on this issue, but estimated an incereasing number every year • Moreover, the sites for sexual exploitation and prostitution have evolved into new spaces and forms: internet cafes now become fronts for prostitution or become pick up points. Internet also becomes a tool for child abusers to exploit minors • Cybersex has become a big underground industry where around 40 percents of materials are child pornography • Need regulations on the operation of internet use and business as well as tourism-related institutions

23. Also need a law on child pornography • Philippines has ratified international instruments (Palermo Protocol, Optional Protocol on Sale of Children, Child Prostitution and Child Pornography etc) and has launched national laws and regulations relating to the issues of trafficking in persons especially women and children, child prostitution etc but still need proper implementation • For trafficking issue, the Bureau of Immigration need to improve coordination among relevant agencies, exchange information in protecting children • Need also skills improvement for professionals services

24. In 2003, the Anti-Trafficking in Persons Act or Republic Act 9208 was signed • It institutes policies and programmes to eliminate trafficking in persons especially women and children. It also identifies and criminalizes acts of trafficking and institulizes mechanisms for the protection and support of trafficked persons • January 2005, there have been 8 convictions of trafficking cases since the passage of the law but it is still too slow • Law enforcement is still weak

25. The government has established the Inter-Agency Council Against Trafficking to monitor and coordinate the implementation of Republic Act 9208. However, there is still a need for a more comprehensive action against the problem of child pornography • The government has supported an array of prevention activities against trafficking . In 2007, the IACAT established an anti-trafficing task force at Ninoy Aquino International Airport for sharing information on trafficking • The Philiippines Overseas Employment Agency has also installed measures to protect children and also through TV networks • There is a Child Wise Tourism Campaign and Personal Safety Lessons project. However, Philippines still needs to have a comprehensive study to assess the causes, nature and extent of commercial sexual exploitation and child pornography • Review its domestic laws on protection of children against sexual exploitation , including the use of chldren for pornography in order to provude all child victims of such exploitation with equal protection

26. Effectively implement the 1992 Child Protection Act (Republic Act 7610) • Provide adequate programmes of assistance, recovery, reintegration regarding the implementation of Global Commitment where Philippines had signed • There is a serious concern on law enforcement regarding the low number of presecutions and convictions of traffickiers • Therefore, the Philippines need to estbalish a strong and systematic monitoring mechanism for gathering data to ascertain the number of victims and the purposes of trafficking • Paying special attention to existing risk factor s • Implementing Palermo Protocol • Considering of the 1980 Hague on the Civil Aspect s of International Child Abduction

27. ASEAN Responses • The ASEAN Foreign Ministers signed the Declaration of the Advancement of Women in the ASEAN Region in Bangkok in July 1988. The Declaration specifically called for the promotion and implementation of equitable and effective participation of women in all fields and at various levels of the political, economic, social and cultural life of society at the national, regional and international levels.

28. The ASEAN Ministers Responsible for Social Welfare adopted the ASEAN Plan of Action for Children in 1993. • The Plan outlined the need to address issues of child abuse, neglect and exploitation, including child prostitution, child labour, street children and abandoned children and child trafficking, among other priorities for child protection.

29. In 2004, ASEAN Member States adopted ASEAN Declaration Against Trafficking in Persons Particularly Women and Children • 2007, ASEAN Senior Officials Meeting on Transnational Crime established a regional focal network or a Working Group on Trafficking in Persons and endorsed the work plan 2007-2009 ti implement the Declaration • ASEAN Guidelines for the Protection of the Rights of Trafficked Children • Treaty on Mutual Legal Assistance in Criminal Matters • ASEANAPOL has an information exchange about crimes and has strengthened cooperation among police of ASEAN Member State

30. There is a concern in ASEAN to take firm and stern measures to combat transnational crime, including trafficking in women and children at the 2nd Informal ASEAN Summit in December 1997. The leaders of ASEAN also adopted the ASEAN Vision 2020, which envisioned the evolution of agreed rules of behaviour and cooperative measures in Southeast Asia to deal with problems that can be met only on a regional scale, including trafficking of women and children and other transnational crime. • At the 6th ASEAN Summit in December 1998, they adopted the Hanoi Plan of Action (HPA), the first in a series of action plans to implement the ASEAN Vision 2020. The HPA emphasised the implementation of the ASEAN Plan of Action for Children and the strengthening of ASEAN collaboration in combating the trafficking in and crimes of violence against women and children.

31. The Role of ACWC • Inter-governmental body on the promotion and protection of the rights of women and children • As a medium of dialogue between ASEAN Member States, ASEAN sectoral bodies and people of ASEAN to build a common platform in promoting and protecting te rights of women and children • Though ACWC has no complaint procedure, ACWC could encourage member states to improve the regulation on child rights, including the issues of sexual exploitation, trafficking and others, at national and regional levels

32. As an entrance for a broader human rights mechanisms • Strengthening the regional response to issues of women and child rights • As a platform for regional / international dialogue • Mediating the problems emerged between reporting and monitoring • Improving the ability of ASEAN member countries in dealing with specific issues of women and children • Assisting state parties in complying with the international standards of women and children rights • Mediating both national and international needs • Improving the standards of compliance of each ASEAN member country • Strengthening more conducive conditions for the formation of the commission

33. ACWC can design a common platform on certain issues of concern related to children, e.g. issues of sexual exploitation, sale of children, child prostitution and child pornography as well as child trafficking • The establishment of more binding regional law/regulations to prevent and protect children from sexual commercial exploitation, abuse and trafficking on children • To create a more implementable ASEAN Framework of cooperation in developing institutions protecting the rights of children

34. Review on legislation, policies and national legislation of each member country as the Concluding Observations mentioned particularly related to the issues of sexual exploitation, sale of children, child prostitution and child pornography • Enhancing the role of civil society in strengthening regional mechanisms for the promotion and protection of the rights of children

35. Ahmad TaufanDamanik Vice-Chair of ACWC (The ASEAN Commission on the Promotion and Protection on the Rights of Women and Children) Email: taufandamanik@yahoo.com