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Australian Law Reform Commission - Reform Journal |
Sabina Lauber a lawyer with the Australian Law Reform Commission, has recently returned from a conference in Manila on the sexual exploitation of women where she presented a paper on Australian and International laws affecting Filipino women in Australia. In this article she reports on the conference and the study tour that preceded it.
Australia and the Philippines have had a close affinity for some time with geographical proximity leading to significant political, economic and cultural exchanges. Beautiful tropical beaches, friendly people and a widespread ability to speak English, has made the Philippines a popular tourist destination for Australians.
Unfortunately these exchanges between Australia and the Philippines has led to a booming industry based on the trafficking and exploitation of women.
The industry relies on a supply of economically disadvantaged women from the Philippines to satisfy the growing demand of Australian and other western men for cheap sexual services and domestic labour. Australia's role in fuelling the sex industry in the Philippines takes various forms:
Prior to the conference, a group of Filipino and Australian women travelled around the Philippines to the popular sex tourist' destinations. The aim of this tour' was to expose those who participate in the sex industry and to gather information on the extent of Australian involvement. The findings of this tour', which were presented at the conference, revealed just how widespread the involvement of Australians in the sex industry was.
In Angeles city in particular, up to 80 per cent of the bars and hotels are owned or managed by Australians. When the Manila local government attempted to close down the sex industry in central Manila, many of the businesses moved to Angeles. Once the site of a major US army base, it seems that Australians have taken over this thriving entertainment and prostitution centre. Still littered with ash and debris from the Mt Pinatabu eruption, the area offers little of the natural beauty found in other parts of the Philippines. However, Angeles has become a favourite tourist destination, and shuttle buses regularly take tourists directly from Manila airport to Angeles. For the men who wish to go on to beach resorts in southern Philippines, Angeles provides women for hire' as a holiday mate.
Before the Australian group began their Filipino tour', a major Australian newspaper ran a small story on their plans. This story was faxed to a hotel owner in Angeles and circulated amongst the Australian business network. As a result, the group of women were refused entry into two hotels and thrown out of another because they were troublemakers'. Overnight, signs appeared on bar entrances denying entry to unescorted women'. These incidents were widely reported in Manila and ensured sufficient notoriety for the conference before it began.
The majority of conference participants were women from non government organisations working in women's issues or with poverty alleviation. Prominent Filipino feminist and Philippine representative to the Convention to Eliminate all forms of Discrimination Against Women (CEDAW) committee, Aurora Javate-De Dios was indicative of the outstanding Filipino women activists present. Australian participants included Dr Meredith Burgmann a member of the Legislative Council in NSW, Vicki Ponsford from the Department of Immigration and Ethnic Affairs, Melba Marginson, the national co-ordinator for the Centre for Philippine Concerns and representatives from the Australian Filipino community. Other members of the international community also attended, including a Swedish representative from End Child Prostitution in Asian Countries (ECPAT). While conference speakers included members of Philippine government departments, government representatives were clearly lacking as participants, as were members of the powerful Catholic Church. A participant from the Philippine Episcopal Church was able to provide an interesting insight into the failure of many Philippine Churches to assist in preventing the exploitation of Filipino women by the international sex industry.
Presentations by speakers and the discussions in workshops and panels were informative, lively and disturbing. Some women present estimated that over half of the male Filipino population would regularly use the services of prostituted women and children. This is in addition to the masses of male tourists that flock to this growing international sex-capital. To keep up with the demand, women and children are regularly recruited from provincial areas with promises of a career as a waitress or singer, a regular income and secure housing. They are further encouraged by their families who rely on the income of their children to live.
Work conditions are appalling - wages are very low and accommodation overcrowded and sub-standard. Bar workers are given fines of amounts higher than their day's earnings if they upset a client or, for example, forget to clap when a guest sings karaoke. Girls are quickly forced into prostitution. Once in the industry, lack of skills, poverty and low self esteem often prevent them from getting out. Mental and physical health support is low. Few women use contraception or protection from AIDS or other STDs. Many of the prostituted women are actually children - their makeup and clothes may indicate otherwise but their underdeveloped bodies give them away.
The problem is very complex and solutions will not be easy. Corruption in the police force and among politicians is reported to be prevalent, and the Conference heard that the powerful Church often turns a blind eye to what is going on. Poverty is part of the problem but the big picture goes further than that. Prostitution is also an issue of the status of women in a society and the amount of power they hold to free themselves from exploitation. My own tours of the bars and discussions with bar and street workers in Manila supports the view that little such power is held by Filipino women.
Fortunately some very good work is being done by women's groups such as the Women's Education, Development, Productivity and Research Organisation (WEDPRO) and the Buklod Centre, which provide support and skills training for women and children in the sex industry. Unfortunately they are small and have little funding.
The conference received wide press coverage on Filipino television and in the press. Two days after the conference, the Philippine President, Fidel Ramos, ordered an investigation into sex tours to the Philippines organised by foreigners. A few days later, the Mayor of Angeles announced that he would investigate foreign-owned businesses and sex tour operators engaging in prostitution.
These responses are a start. However, the Philippine government must also look to the actions of its own people and its own culture which allows such horrific exploitation to occur. For our own part, the Australian government can take measures, in accordance with its obligations under Australian and international laws, to prevent this exploitation.
The Conference concluded by producing a list of practical recommendations for the Philippine and Australian government, I urge the Australian government to give them serious consideration.
Recommendations to the Australian Government1. That the Australian Government request the Sex Discrimination Commission to conduct an inquiry into the involvement of Australian men in the sex industry specifically in the following areas:
3. That the Australian government put more resources into the investigation and conviction of Australians in the Philippines under the Crimes (Child Sex Tourism) Act 1994 (Cth). In particular, that charges be laid against Australians organising paedophilia prostitution and networks in the Philippines. 4. That the Australian and Philippine governments issue information and warnings against the practice of sex tourism and paedophilia on international flights, points of departure and travel agencies. These practices dehumanise women and children in the Philippines. 5. That the Australian Government increase and rechannel aid to NGOs in the Philippines that make efforts to prevent the exploitation of women and children in the sex industry and provide assistance to those who have been sexually exploited, eg alternative livelihood programs. 6. That privacy legislation be reviewed to allow prospective Filipino spouses to obtain information on their sponsor regarding any previous convictions for violent behaviour, criminal convictions, mental status and identical health checks. 7. That the Australian government collect data on previous sponsorships and, in conjunction with the Philippine Government, make this information available to prospective fiancees or spouses in their own language. This information should be maintained on a centralised database at all immigration points in recognition that sponsors may seek partners from different countries. Current mechanisms used by the Department of Immigration and Ethnic Affairs to collect such information are insufficient because they rely on the sponsors honesty and the information is not cross-checked. 8. That the provision of information about support services in Australia should continue after the Filipino spouse or fiancee has migrated to Australia. This is often the time when such information is most needed.
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Recommendations to the Philippine Government1. That the Department of Tourism and local governments, in consultation with concerned NGOs, study the social costs of their tourism strategies, in particular as they result in the sexual exploitation of women and children, and cease their aggressive promotion of tourism until preventative and protective measures can be put in place.2. That the Department of Trade and Industry examine the ownership and the operation of entertainment' establishments that often are fronts for prostitution activities. 3. That the Department of Labour and Employment investigate the violations of labour laws and regulations concerning personnel of these establishments such as waitresses, receptionists, public relations officers', gogo dancers and singers and the like. 4. That the Supreme Court declare as unconstitutional the Vagrancy Law that is used to arrest women suspected of prostitution. 5. That article 202.5 of the Revised Penal Code be repealed in the interest of the decriminalisation of women in prostitution; that criminal sanctions be imposed on the clientele of prostitutes. 6. That the Commission on Human Rights conduct an inquiry into the violations of human rights of women and children sexually exploited in prostitution, and establish complaints procedures and mechanisms. 7. That anti-child prostitution legislation, RA 7610 or the Special Protection for Children Against Exploitation, Abuse and Discrimination, be strictly implemented.
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URL: http://www.austlii.edu.au/au/journals/ALRCRefJl/1995/6.html