ADVOKASI KANAK-KANAK DAN PERLINDUNGAN: PELACURAN

1. ADVOKASI KANAK-KANAK DAN PERLINDUNGAN: PELACURAN FEM 4123

2. DEFINITIONS • CRC (Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography): The practice whereby a child is used by others for sexual activities in return for remuneration or other consideration. • Remuneration or other consideration: provided to the child or other person. • As of May 2009: 131 countries undertake to prohibit child prostitution.

3. Continue • In a nutshell: party other than the child benefits from a commercial transaction in which the child is made available for sexual purposes. • Who benefits? Either the pimp who controls or oversees the child’s activities for profit or a child abuser who negotiates an exchange directly with a child in order to receive sexual gratification • The Worst Form of Child Labour Convention 1999 of ILO provides that the use, procuring or offering of a child for prostitution is one of the worst form of child labour. • Child prostitution is the ultimate denial of the rights of the child': Dr Jon E. Rhode, UNICEF.

4. CAUSES • Forced by social structures and individual agents – adults take advantage of children’s vulnerability and sexually exploit and abuse them. • Eg: the prostitution of a child frequently follows from prior sexual abuse, often in the child’s home. • Traditional practices, beliefs and gender discremination. • Eg: Devdasi practice – young girls are given to ‘god’ and they become a religious prostitute. Banned by Prohibition of Dedication Act 1982 (5 yrs jail and Rs5000 fine).

5. Continue • Poverty and basic needs • Extra pocket money for desired consumer good otherwise out of their reach. • Subculture ‘pocket money prostitution’ in many consumer societies: girls and boys under 18 rent out their sexual services for cash or expensive gifts or to save up for cars, motorcycles even college tuition. • E.g. in Japan: Enjo kosai – sponsored dating. However, this is voluntary rather than by manipulation. • Abduction • Sex tourism

6. CONTEXT • Place: particular environment such as brothels, bars and clubs or homes or particular streets and areas. • Usually in socially run down places. • Sometimes not organized but often it is. • If organized: either on a small scale through individual pimps or on a lager scale through extensive criminal networks.

7. Continue • Living and working conditions of prostituted children are frequently substandard: • Commonly poor paid or unpaid • Kept in unsanitary conditions • Denied access to proper medical care • Constantly watched • Kept subservient through threat of force – maybe physical or psychological in nature.

8. EXTENT: ASIA • Cambodia: 1/3 of all prostitutes are under 18 (Loise Brown, 2001). • Thailand: Child prostitutes make up 40% of prostitutes (Thailand;s Health System Research Institute, 2007). • India: 40% of all India’s prostitutes are children (Ministry of Women and Child Development). Every hour 4 women & girls enter prostitution. 3 by force. • Indonesia: 30% of the female prostitutes are below 18 (UNICEF). • Philippines: 60,000-100,000 child prostitutes (UNICEF). • Sri Lanka: 40, 000 child prostitutes (UNICEF & ILO).

9. EXTENT: NORTH AMERICA • USA:Estes and Weiner (2001) • 162,000 homeless youth are victims of commercial sexual exploitation (CVE). • 57,800 children in homes are estimated to be victims of CVE. • 1/3 of street-level prostitutes are under 18. • 50% of off-street (message services, strip clubs and escort services) prostitutes are less than 18. • 12-14 is the average age of entry into prostitution for girls under 17; boys and transgender 11-13. • 1/5 involved in organized crime network and are trafficked nationally.

10. EXTENT: SOUTH AMERICA • Peru: 500,000 • Columbia: 35,000 • Chile: 10,000 child prostitutes between the ages of 6 and 18 (UNICEF) • Ecuador: 5200 (ILO) • Bolivia: entry age 16. • Brazil: 250,000 to 500,000 (Protection Project), 2,000,000 other sources.

11. EXTENT: EUROPE & OCEANIA • Ukraine: 30% - 40% of prostitute are between 11 and 18. • Russia: new destination for sex tourism (World Vision Middle East/Eastern Europe, 2006). • Australia: 4000 (Child Wise). • New Zealand: 210 children under 18 were identified as selling sex (ECPAT New Zealand and Stop Demand Foundation)

12. PROSTITUTION • ILO: ‘The Sex Sector: The Economic and Social Bases of Prostitution in Southeast Asia’ (covers Indonesia, Malaysia, the Philippine and Thailand): • Prostitution has developed into a lucrative business that influences employment and national income – contributes significantly to the region’s economic growth. • Integrated into the economic, social and political life. • The economic and social forces driving the sex industry show no signs of slowing down – due to the rising rate of unemployment.

13. PROHIBITION • Illegal in most countries. • Article 34 and 35 CRC. Optional Protocol on the sale of children, child prostitution and child pornography – detail requirements to end sexual exploitation and abuse of children. • Many countries enforce worldwide jurisdiction on their nationals traveling abroad. Eg: USA, Australia and European countries. • The law of some countries distinguish between teen prostitute and younger children prostitutes. • In Thai: teenage prostitute 15-18. In Japan: 13-18. • Teenage prostitution is legal: capable of giving consent. Younger children prostitution is illegal – rape.

14. CONTINUE • In China: all forms of prostitutions are illegal. Sexual contact with anyone under 14 regardless of consent – charged with more serious crime than rape an adult. • Malaysia: S 38 Akta Kanak-Kanak 2001. • Malaysia, India and Singapore: S. 375 Penal Code - Sexual contact with anyone under 14 regardless of consent amounted to rape. • Malaysia, India and Singapore: S. 372 and 373 Penal Code – whoever buys, hires or sells any person under 18 with intention to use as prostitute – liable for criminal punishment.

15. LONG TERM IMPACTS ON VICTIMS • Physical injuries – slave treatment. • Unwanted pregnancies and infections in private places. • Mental and psychological trauma. • Exposed to social ostracism and future of violence and poverty. • Susceptible to drug abuse. • The loss of an affirmative sense of self - a serious mental health impact often obscured in the processes and procedures involve in recovery and reintegration of the victims.