Tourists from the United States and other parts of the world travel to Thailand to engage in sexual acts and to solicit sex from minors and prostitutes. This type of tourism has created a huge market in Thailand. One of the biggest problems that exists, however, is that the United States has many more policies in effect protecting minors and enforcing punishment on people who are involved in these activities than Thailand does.
Thailand only has one major law that helps protect its minors and women from these tourists, unlike the United States which has almost ten laws and acts that target these issues. A list showing the United States’ laws vs. Thailand’s can be found in table 1A. It is ironic that a country like Thailand whose problem is so much worse than the U.S., only has one major law and a handful of organizations that help fight these evil crimes.
It is possible that since the U.S. is a developed country and Thailand is still a developing country, the need for survival is so much greater in Thailand and therefore government may tend to ignore issues such as sex tourism. This is due to the fact that sex tourism provides for such a large percentage of the economy. This problem contributes to limiting the number of laws passed to deter sexual tourists from coming. The U.S. can afford to dissuade sexual tourists due to the fact that their economy is not thriving off of sexual tourism involving adults or minors.
AMERICAN V.S. THAI POLICIES
Alexander J. Cutler, Wednesday, 5/3/2005
Department of Tourism, George Washington University (MTA)

8) Action taken on behalf of American and Thai policies that have caused impacts socially, economically, politically and environmentally:
Marvin Hersh, a fifty-eight year old Florida college professor was the first person to fall victim of the 1994 sex tourism law passed by the American senate which prohibits Americans from traveling abroad to have sex with minors. “It is punishable by 10 years in prison and a $250,000 fine” (Roche, 1999).
“Michael Clark Lewis, indicted in Seattle on charges of engaging in illicit sexual conduct in June 2003 in Cambodia with two boys, ages ten and thirteen” (Murphy, 2004).
ICE (U.S. Immigration and Customs Enforcement), a group which is heavily involved in stopping sex offenders all over the world has a phenomenal record of victories when it comes to catching these criminals. “These cases are part of Operation Predator, an ongoing ICE enforcement initiative to identify, investigate and arrest child sex predators. The initiative resulted in 4,400 arrests nationwide. ICE is also aggressively targeting foreign nationals engaged in such an activity and seeking their deportation. More than 2,100 child predators have been deported” (http://tokyo.usembassy.gov/e/p/tp-20041126.20.html).
FACE (Fight Against Child Exploitation), a group local in Thailand, similar to ICE is doing its part to help put away these men who prey heavily on Thailand’s children. “A Frenchman who had sex with an 11 year-old girl while on holiday in Thailand was convicted in Paris court Oct.21 of rape and sentenced to seven years” (Coday, 2000).
9) SUGGESTED INTERVENTIONS
III. Legal Clusters
10) Discourse and Status/Policy Issue
A problem Thailand faces regarding the enforcement of their sex laws is the fact that in order for the law to be enforced on a local level, authorities need to be involved 100%, for example, “Anti-sex tourism efforts have been hindered by not just economic desperation but also a lack of cooperation from law enforcement agencies” (Coday, 2000). Additionally, in Thailand, a recently passed Prostitution Prevention & Suppression Bill mandates two to six years in a jail for customers who are convicted of buying sex from children under the age of 15 (Gutner and Corben, 1996); however, the problem again exists that the only way in which this bill along with any others are to prove effective, is if actual police and local level authorities are to act on predators. “But the problem is lax enforcement, and as long as there is demand, there will be supply” (Gutner and Corben, 1996).
Another problem that is highly correlated with the lax enforcement is that, “some law enforcement officers have close personal relationships with procurers or owners of entertainment places who facilitate child sexual abuse” (Clift and Carter, 2000, p.57).
“Anti-sex tourism efforts have been hindered by not just economic desperation but also a lack of cooperation from law enforcement agencies” (Coday, 2000).
As stated earlier in the case study, in addition to low levels of enforcement, a major problem that Thailand faces is its lack of laws attending to the issue of prostitution and sex tourism involving minors.
11. FORUM AND SCOPE/EXISTING POLICY FRAMEWORK
International: TASK FORCE TO PROTECT CHILDREN FROM SEXUAL EXPLOITATION IN TOURISM, had its sixteenth meeting on March 12, 2005 in Berlin. Some of the members, groups and people who attended and participated were Marriot, Accor, ECPAT and others.
National: N/A
Regional: The World Tourism Organization with Interpol met in the regional consultation for the Americas for the Protection of Children from Sexual Exploitation in Tourism in San Jose, Costa Rica May 7-8, 2003.
The WTO with Interpol met for the Regional Consultation for Asia and the Pacific on the Protection of Children from Sexual Exploitation in Tourism in Bali, Indonesia on June 26-27, 2003.
Local: N/A
12) DECISION BREADTH/ STAKEHOLDERS/ POLICY ACTORS
United States: Courts, government officials, local law enforcement, children and tourists.
Thailand: Local anti-sex tourism groups, government officials, local law enforcement, courts, children and tourists.
13) LEGAL STANDING/LEGAL REGULATORY FRAMEWORK/SUGGESTED POLICY INTERVENTION
IV. Trade Clusters
14) TYPE OF MEASURE
Import and Export: Sex Trade
Thailand should share a database with the U.S. to keep track of people who meet a certain criteria and demographic who travel in and out of the country repeatedly. This can and should be done now and in the near future using the biometric passport system which will be in effect within two years. If this type of action and strategy was used and taken, it would diminish the number of travelers who come to Thailand to engage in such devious activities and help law enforcement narrow their searches when hunting down their targets.
15) RELATION OF TRADE TO ENVIRONMENTAL/TOURISM IMPACT
a. Directly related to product: Buying, selling & destroying of innocence
b. Indirectly related to product: HIV/AIDS
c. Not related to product: Political: Reflection and Reputation of country and law enforcement
d. Related to process: Booking tours, connecting with vendors.
16) TRADE PRODUCT IDENTIFICATION/ TRADE AND SERVICES
Women and children being bought, sold and rented by tourists and by locals for sexual purposes.
17) ECONOMIC DATA AND IMPORTANT DEMOGRAPHICS
The following data is only current up to January 1, 2004
(http://www.cia.gov/cia/publications/factbook/geos/th.html)
Population: 62,354,402 people
Birth Rate: 16.39 births per 1k people
Population Density: 120.00 people per sq km
Death Rate: 7.55 deaths per 1k people
Population Growth: 0.88 % per year
Fertility Rate: 1.86 babies born per woman
Population Male: 48.50 %
Population Female: 50.50 %
AIDS/HIV Rate: 1.5% (2003 est.)
People Living with AIDS/HIV: 570,000 (2003 est.)
People who Died of AIDS: 58,000 (2003 est.)
Labor Force: 34.9 million (2003 est.)
Population below poverty line: 10.4% (2002 est.)
Unemployment rate: 2.2% (2003 est.)
Public Debt: 46.6% of GDP (2003)
Expenditures: 1,775,000,000
Expenditures as a Percentage of GDP: 1.40
GDP: purchasing power parity - $477.5 billion (2003 est.)
GDP PER CAPITA: $7,400 (2003 est.)
Real Growth Rate: 6.7% (2003 est.)
Inflation rate: 1.8% (2003 est.)
Airports: 109 (2003 est.)
Internet Users: 6,031,300 (2003)
Oil Consumption: 785,000 bbl/day (2001 est.)
Natural Gas Consumption: 23.93 billion cu m (2001 est.)
Thailand Labor Force by Occupations: agriculture: 9.8%, industry: 44%, services: 46.3% (2003 est.)
Bordering Countries of Thailand: Burma 1,800 km, Cambodia 803 km, Laos 1,754 km, Malaysia 506 km
Ports and Harbors: Bangkok, Laem Chabang, Pattani, Phuket, Sattahip, Si Racha, Songkhla
Thailand Natural Resources: tin, rubber, natural gas, tungsten, tantalum, timber, lead, fish, gypsum, lignite, fluorite, arable land
Environmental Issues in Thailand: air pollution from vehicle emissions; water pollution from organic and factory wastes; deforestation; soil erosion; wildlife populations threatened by illegal hunting
Refugees: refugees (country of origin): 118,407 (Burma) (2004)
* Note: some numbers and percentages regarding AIDS death and current count have decreased in the past 5 years.
*Tourist Arrivals in Thailand in 2002 = 10,873,000 tourists. With an increase of nearly double from 1990 which had 5,299,000 tourists. (http://www.world-tourism.org/facts/trends/inbound/arrivals/ITAAsia02.pdf)
The United States had over 41,892,000 tourist arrivals in 2002. (http://www.world-tourism.org/facts/trends/inbound/arrivals/ITAAmericas02.pdf)
GEOGRAPHIC CLUSTERS
Geographic Domain: North America and Asia
Geographical Site: North America and Southeast Asia
Geographical Impact: USA and Thailand
18) IMPACT OF TRADE RESTRICTION
Problems that exist with upholding the Prostitution Prevention & Suppression Bill in Thailand.
• “Anti-sex tourism efforts have been hindered by not just economic desperation but also a lack of cooperation from law enforcement agencies” (Coday, 2000).
• Another problem that is highly correlated with the lax enforcement is that, “some law enforcement officers have close personal relationships with procurers or owners of entertainment places who facilitate child sexual abuse” (Clift and Carter, 2000, p.57).
LEGAL STANDING
Prostitution in the United States is illegal, laws and policies against prostitution are highly enforced.
Prostitution in Thailand is illegal, but laws against it are almost completely un-enforced. Police and law officials turn a blind eye to the issue
19) INDUSTRY SECTOR
Prostitution and Sex Tourism
20) EXPORTERS & IMPORTERS
Importers: The people who bring in the children to the country.
Exporters: U.S. tourists spending money in Thailand.
V. Macro/Environment Clusters/Tourism Policy Clusters
21) ENVIRONMENTAL PROBLEM TYPE/ENVIRONMENTAL ASPECTS
Health Related:
HIV/AIDS is a huge variable in the environmental impact of sex tourism. In addition to the destruction of children’s well-being, a decomposition of future generations is occurring each time a child is molested or engaged in a sexual act with a tourist.
.
22) RESOURCE IMPACT & EFFECT
If policies take effect, sex tourism levels could decline, slowing the use of resources such as oil from planes due to decreased flights, gas from busses, cabs and cars from less transport, water and electricity for a/c and heat in hotels all related to tourist consumption from less visits.
Regarding the resources for sex tourists, such as children, women and others, if policies prove effective then the demand will decline, therefore causing the need for the supply to decrease in effect derailing prostitutes to find other means of survival. This will spark the necessity of things such as youth centers and organizations to take care of the children who will begin to lose their homes, shelter and sources of survival. Safety nets will need to emerge in order to salvage the jobless children. In turn, this could also spark education shelters and other sorts of healing organizations which could promote job creation and reduce the reliance on sex tourism.
23) URGENCY AND LIFETIME/URGENCY & POLICY REVIEW
It is essential to constantly keep up on current policies and develop new strategies, enforce laws and maintain alliances with as many organizations as possible across the world.
Policies can always be adjusted and should always be reviewed case by case in order to cover every aspect of the committed and potentially committed crimes
24) SUBSTITUTES/ ALTERNATIVE POLICIES
VI. Other Factors
25) CULTURE
The culture in Thailand is lax towards prostitution from the official’s position. Thais are understanding to their countries economic disparity and situation which is the cause of many of these women and children having no other choice, but to solicit trade in sex tourism. In addition to cultural perception of prostitution and child prostitution, women are viewed as second class citizens for the most part. This is common in Asia and even more so in developing Asian countries. This does not help the issue of lack of law enforcement when taking into consideration that most of the officials are men.
American culture for the most part looks down upon child prostitution and prostitution. The reality of the international sex tourism industry is, that “25% of the world’s sex industry is made up of Americans” (Farrell, 2004). Considering this statistic, most of the United States acts as if they hate to see such horrid crimes exist, but the truth is that a large percentage of them are contributors.
26) TRANS-BOUNDARY ISSUES
The fact that Thailand is bordered by Malaysia, Cambodia, and Vietnam, the trafficking of women and children into and out of the country is made extremely simple. Regardless of the economic burden that Thailand faces, some of its neighboring countries are even poorer making the labor cheaper to import, i.e., with a negative impact on women and children.
In addition to the interchanging of people and cross cultures, the disease element will spread at a more rapid rate due to the influx of foreign people from even less-developed countries with poorer qualities of healthcare services.
The United States is bordered by Mexico and Canada. Through Canada, children and women are brought in from Asia, and through Mexico it is possible for women and children from Latin America to be smuggled in. However, it is much harder for immigrants and sex trade victims to penetrate the borders of the U.S. than it is in Thailand. Aside from the difficulty, there still remains to be thousands of women and children each year, who are brought in illegally via land or water. Immigration and custom services fight and are fighting this dilemma every day.
27) RIGHTS
Women and children of Thailand do have rights, however being able to practice them is almost unobtainable and not a reality for most. Most of the victims do not even know who to contact nor do they have the opportunity or resources to do so.
Women and children of the United States are fortunate in that they do have a more realistic chance of exercising their rights to justice and freedom. The reality of the situation is that, most will not do so, due to the fact that they are frightened and threatened, uneducated and may well be illegal immigrants from other countries and are in fear of being deported.
An organization created by the WTO under the protect children segment called Interpol has created lists of etiquette for travelers to abide by. The group has essentially created certain rights for minors in all countries whose members are a part of Interpol. “As the number of tourists traveling from the economically developed western world to the poorer states of South East Asia, Africa, Latin America and the Caribbean in search of children to sexually abuse have increased, the international response was the coming into force the United Nations Convention on the Rights of the Child, which was adopted in 1989” (http://www.world-tourism.org/protect_children/reunions/final-report-americas.pdf, p.57).
28) RELEVANT LITERATURE
Anonymous. (2003). New York toughens sex offense penalties. Crime Control Digest. Washington. 37(30), 3.
Clift, Stephen, and Carter, Simon. (2000). Tourism and Sex: Culture, Commerce and Coercion.
Coday, Dennis. (2000). Trial draws attention to child sex tourism. National Catholic Reporter. Kansas City. 37(3), 10.
Dealey, Sam. (2001). Tourist very good for me. No Sailor. The American Spectator. Bloomington. 34(5), 19-21.
Gribbon, August. (1999). Congress targets traffic of sex slaves into U.S. Insight on the News Washington. Washington. 15(28), 38-39.
Gutner, Toddi. Corben, Ron. (1996). Asian Sex Tours Are an American Business, Too. Business Week. New York. (3480), 46.
Jeffreys, Sheila. (2002). Child Sex Tourism and the Role of Extraterritorial Legislation. Contemporary Sociology. Washington. 31(6), 687-688.
Johnson, Michelle. (1999). Megan’s Law spreads. The Quill. Chicago. 87(6), 41-43.
Meier, Eileen. (2000). Legislative efforts to combat sexual trafficking and slavery of women and children. Pediatric Nursing. Pitman. 26(2), 216.
Merson, Michael H. (1998). Thailand’s miracle: Women working on their backs.
The Lancet London. 352(9123), 246-247.
Murphy, Sean D. (2004). Enactment of Protect Act Against Sex Tourism. The American Journal of International Law. Washington. 98(1), 182.
Roche, Timothy. (1999). Tourists who prey on kids. Time New York. New York. 153(6), 58.
Wright, Richard. (2003). SEX OFFENDER REGISTRATION: PUBLIC ATTENTION,POLITICAL EMPHASIS, AND FEAR. Criminology & Public Policy. Columbus. 3(1), 97-104.
http://www.phrasebase.com/countries/Thailand.html
http://www.cia.gov/cia/publications/factbook/geos/th.html
http://tokyo.usembassy.gov/e/p/tp-20041126.20.html
http://www.arches.uga.edu/~haneydaw/twwh/traf.html
http://www.world-tourism.org/protect_children/index.htm
http://www.world-tourism.org/protect_children/reunions/final-report-americas.pdf
http://www.world-tourism.org/facts/trends/inbound/arrivals/ITAAsia02.pdf
http://www.world-tourism.org/facts/trends/inbound/arrivals/ITAAmericas02.pdf
VII. Conclusion
29) POLICY IMPLICATIONS
Out of so many policies that exist in America and in Thailand, only one has not proven effective based on statistics of arrests and cases. This is the Prostitution Prevention & Suppression Bill, which understandably is not as effective as anticipated due to lax law enforcement, enormous poverty and economic disparity in the country.
30) RECOMMENDATIONS
• WTO should collaborate with some of the more local groups in Thailand since it is such a powerful tool in the world of connecting important forces. The WTO has great information, but should actually go the extra step and meet with some of the individuals leading the private and lower level groups who deal with more of the reality than the officials on top who might not convey all the facts.
• By doing this research, it is likely that more information will be found about how well policies are actually being carried out, and future recommendations may be useful from this research to specific agencies and groups in order to add more funding and effort on particular areas of weakness.
• Possibly allowing Thailand to work more closely with American officials in order to study and adopt some of America’s policies such as Megan’s law to their own system.
• Increasing pressure on local officials such as policemen in Thailand to actually help carry out some of the policies that exist and enforce more of the rules.
• Increase number of sting operations and target major leaders in the underground market of sex trade in Thailand.
• Thailand should increase the age on its Suppression law to 18 as opposed to 15.
