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C O N T E N T S

Preface Boracay Island Socio-Economic Profile Health & Education Social Ills The Sex Trade in Boracay Modus The Pimps Frequency of Clients Types of Clients Facilitating Establishments Rate of Payment for Sexual Services Boracay Nga Ba? Kwento ni Lors, Isang Street Educator The Story of Daisy The Prostituted Children Entry Into the Sex Trade Length of Time in the Trade The Story of Mai-Mai Living Accommodation of Children Protection Spending Working Conditions Choices Plans Family Background Familys Awareness The Story of Anne The Community Awareness Denial Highly at-Risk Children Local Legislations Related to Children Conclusion Annex

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P R E F A C E

International travel has increased tremendously since the 1960's. As tourists excitedly travel to far-flung places to enjoy new scenery and cultures, disadvantaged economies of developing countries like the Philippines have pursued aggressive travel and tourism policies that practically sell the whole archipelago as a tourist destination in order to generate much-needed source of income. With the rise of this industry, however, comes the growth of a sinister phenomenon called child sex tourism. In established tourist destinations like the Philippines, and particularly Boracay as a prime tour destination in the country, tourism-related problems occur. The Aklan Social Welfare and Development (SWAD) Team reported that there are a total of 16 pedophilia and 103 child abuse and exploitation cases covering a four-year period (2003-2006). In 2003, two children who were victims of sexual exploitation by a foreign national living in the island of Boracay sought the assistance of ECPAT. One of the victims was interviewed for the IWitness documentary 'Ligaw sa Paraiso'. The said documentary tackled the issue of child prostitution in Boracay. The two girls escaped from Boracay due to the negative impact brought about by the airing of the said documentary. The following year (2004), ECPAT identified a total of 11 girl-victims of commercial sexual exploitation of children (CSEC); five (5) were found minors during enumeration and of the 11, three (3) came from Boracay while two (2) came from Malay. Another girl originated from Mindoro; two (2) from Romblon while three (3) other girls came from undisclosed places. The victims alleged that they were sold for sex by a pimp to the same foreign national living in Boracay identified earlier in 2003. In May 2005, the Special Committee for the Protection of Children wherein ECPAT was an appointed NGO member since 1995, conducted a community dialogue in Boracay. One of the recommendations of the dialogue was the conduct of a study that would look into the veracity of cases of sexually exploited children in Boracay. The study 'A Situational Analysis of the Effects of Tourism on Children in Boracay' is an offshoot of the said community dialogue.

A I M A N D S C O P E O F T H E S T U DY The study was conducted from November to December 2006. Three ECPAT staff and two volunteer social work students from Sweden formed the team of interviewers. There are three objectives of the study: 1.) to understand the current nature, magnitude and trends of CSEC, the factors for its proliferation including the working and living conditions of the victims; 2) to identify on-going responses and interventions by government and non-government organizations; and 3) to recommend possible action plans for the prevention and elimination of CSEC in the island. Target respondents included the children in Boracay who are involved in the sex trade, local officials, teachers, tourist police officers and parents. Key tourism industry players including tourists, tour guides, boatmen, waiters, waitresses and massage parlor attendants were likewise identified for interview.

METHODOLOGY USED For the children involved in the sex trade, the interviewers utilized focused group discussions or FGDs and in-depth individual interviews in order to provide children privacy with the interviewer in gathering sensitive information. The interviewers likewise used observations, journal entries, photo documentation and readings of related literature as other techniques in gathering data.

THE FINDINGS The study revealed new victims of sexual exploitation in Boracay. There were 11 young women and three (3) boys identified as actively involved in the sex trade. Five (5) were found minors (aged 14 to 17) at the time of the study. Of the remaining nine (9), five (5) also started when they were minors. Aside from those formally interviewed, the interviewers also got acquainted with other girls and boys involved in the sex trade although they were not formally interviewed for this study.

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A SITUATIONAL ANALYSIS OF THE EFFECTS OF TOURISM ON CHILDREN IN BORACAY

For many people, Boracay is a typical island paradise. Many of Boracay's visitors come for one purpose: to enjoy the sun, sand, and the sea. It is not surprising then that one finds in Boracay over 300 resorts and hotels and 129 bars and restaurants. Tourism is the island's main industry and tourist arrivals continue to rise yearly. OPPOSITE PAGE: A laid-back community surfs the currents of change of Boracay Island. The mix of the down-to-earth and pomp is evident in this tourist destination.

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B O R ACAY I S L A N D

he municipality of Malay (population 24, 519) 1 in the province of Aklan hosts the world-famous tourist destination Boracay Island. Boracay is composed of three barangays out of the 17 barangays which make up Malay, namely: barangay Yapak in the north, Balabag in the middle and Manoc-Manoc in the south. Both Manoc-Manoc and Yapak are elevated at least 100 meters above sea level. Boracay Island is roughly only 7 kilometers long and 3 kilometers wide or roughly more than 1,000 hectares of land, including its beautiful mountains and forested areas. Boracay has been described by foreign travel writers as 'the world's most beautiful island.' 2 Its famous White Beach, around 4 km long, is also known widely as 'most beautiful beach' practically because of its sugary-white and powder-fine sand. Boracay's devout Catholics are under one parish, the Holy Rosary Parish Church located in Balabag. There are several other smaller Catholic chapels like the Sta. Lucia Chapel in barangay Manocmanoc. Others belong to other groups like the Iglesia ni Kristo and the Jehovah's Witness. For many people, Boracay is a typical island paradise. Many of Boracay's visitors come for one purpose----to enjoy the sun, sand, and the sea. It is not surprising then that one finds in Boracay over 300 resorts and hotels and 129 bars and restaurants.3 Tourism is the island's main industry and tourist arrivals continue to rise yearly. In 2004, there were 428,751 tourists who visited Boracay; 499,457 in 2005 and 556,084 in 2006. Average number of tourists visiting Boracay in one month based on last year's total is 46,340. Domestic or local tourists constitute more than half of the total number of visitors in Boracay but among foreign tourists, Korea tops the list followed by the US, China, Japan, Germany and the UK. Scuba diving, sightseeing around the island usually by motorized boats and windsurfing are some of the most popular activities for tourists. Yearly, the tourism and travel industry in Boracay generates much-needed revenues in billions of pesos from taxes. In this small island with approximately 14,000 population (Yapak 2,051 population; 402 households; Balabag 5,160 population; 1,016 households and Manocmanoc with 6,339 and more or less 1, 486 households), tourists thus far outnumber the locals. Where life used to be simple, it is now a community composed of a multinational and wide-ranging collection of peoples from all over the world.
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S O C I O - E C O N O M I C P RO F I L E

The onset of tourism changed the people and the landscape of Boracay. The island's economic and socio-cultural activity revolve around the beach front area or the White Beach----95% of Boracay's households and commercial establishments like bars, gift and souvenir shops, restaurants, resorts and hotels, banks, recreation and amusement centers are mostly found here. Its yearround social calendar is highly tourist-driven with such international sporting events like football, beach football, volleyball, windsurfing, kayaking and golf competitions held for a myriad group of the island's tourists. Nightlife thrives by beach bars and discos. Others have live bands playing music that lasts until the wee hours. But practically there is nowhere to go if a visitor wishes to know the local people's culture and history. There are no buildings, no art museums, nor theaters. By and large, only a handful of local families in Boracay can keep up nor complement with the boom in development of the island since most are poor. Years back, big time investors have bought up land from the locals. Economic investments converge around constructions or renovations of hotels and resorts. Boracay Regency which used to have only 100 rooms available for tourists now has 300. Room accommodations, like gastronomic preferences, vary to suit virtually every tourist's taste. Foreigners own most of the tourism facilities and establishments found here. They place more value to their compatriots thus their services are skewed to favor and cater to the needs of their fellow tourists. Meanwhile, most of the local men work in tourismrelated occupation as vendors, laborers, carpenters, boatmen, drivers, caddies, or bartenders. The same could be said of the women and girls in Boracay. Young women become waitresses, hotel clerks, shop sales ladies or even massage parlor attendants.

NSO 2000 www.nscb.gov.ph 3 www.travelsmart.net

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There are no organizations that help children; Bantay Bata is only good in Manila. ---- a former pick-up boy

H E A LT H & E D U CAT I O N Barangay Balabag has a population of a little over 5,000; almost half of it belonging to the 0-19 years age group. The Boracay National High School is located in Barangay Balabag. It has a student population of 793 (SY 2006-2007) distributed into 60 students per section to fit in its 13 rooms. Boracay NHS has 20 permanent teaching staff; one non-teaching staff. In 2006, its Manocmanoc Extension was opened. Four years earlier, Boracay National High School Yapak Extension was also established. There are transferees from the mainland as well as a number of repeaters, usually students who stop going to class when it is peak season to work as caddies, vendors, boatmen and go back to class only during examination. Facilities as well as financial operational support are not in place yet between the local and national government thus, teachers ask students to contribute cash to sustain some school operational expenses. Three primary schools are also strategically distributed in the three barangays. Estimated number of preschool and grade school pupils at Balabag Elementary School is a little over 1,000 schoolchildren in each school year. While civic organizations like the Rotary Club and Ayala Foundation help in re/constructing school buildings and giving student skills training i.e., web designing, bar tending and table setting, locals lament about the poor standard of education in Boracay----a fact that hounds the public education system in the country. There are private schools in Boracay which offer primary and secondary school; Brent International School located in Manocmanoc, Bloomfield International Academy located in Bolabog, Mission of Love Integrated School located in Balabag. However, only the children of rich families may avail of them because of its high tuition fees. Bloomingfield for example, has 90% foreign students compared to locals. The Northwestern Visayan Colleges is the only tertiary school in the island that offers both primary and secondary school including selected two-year courses and vocational study. Young people who wish to pursue a bachelor's degree need to go to the mainland (Kalibo). Each barangay has a health worker who is trained to ensure delivery of basic health care services for women and children such as pre/post natal care and immunization, among others. For other medical services, Boracaynons may go to Boracay Island Emergency Hospital, a government-run hospital located in Manggayad, Balabag or avail of services of private clinics on the island like the Metropolitan Doctors Medical Clinic, PhilHome Clinic, The Island Medical Clinic and the Lying-in Diagnostic Center.

Boracay is no longer a paradise because the environment is destroyed by all the new buildings, r s r and hotels. Only e o ts the foreigners could put up such businesses in Boracay, n t t e l c l o h oas because the people in Boracay are poor. ---- teacher,Yapak HS

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ABOVE: Each barangay has a health worker who is trained to ensure delivery of basic health care services for women and children such as pre/post natal care and immunization, among others. TOP RIGHT: Balabag National High School is among the three primary schools that are strategically distributed in the three barangays of Boracay. Estimated number of preschool and grade school pupils at Balabag Elementary School is a little over 1,000 schoolchildren in each school year.

SOCIAL ILLS Through the years, Boracay has accumulated various social ills like a rising local population brought about by 'construction frenzy.' Most Boracaynons rather have low levels of education and training and must contend with workers from other places. Once these laborers and construction workers from elsewhere are hired, they decide to bring along with them all their other family members and settle in Boracay. For the local government, this means increased demand for basic services like water, housing, lighting, food, infrastructure, peace and order. On the other hand, the drive to collect profits from the tourist industry boom caused the physical disarray and environmental decline of the island. In a research done in the late 90's, many resorts were found to have secretly dug holes to dump wastes in despite prohibition; others were also found to have defective septic tanks and liquid disposal systems. Waste management and clean water became serious concerns although today the Materials Recovery Facility Project (MRF) which is a local endeavour as response to waste management problem that Boracay faced is said to be successful in both income generation for the local government (Balabag) and as response to waste management problem. Meanwhile, a highly volatile group of young boys and girls are exposed to the use of illegal drugs such as marijuana and shabu. Minors are also involved in petty crimes such as theft, 'akyat bahay' and curfew violations. Among other young people, there is a noted increase in the number of those involved in risky sexual behavior which has led to an increased number of teenaged pregnancies.

2,900,000 2,800,000 2,700,000 2,600,000 2,500,000 2,400,000 2,300,000 2,200,000 2,100,000 2,000,000 1,900,000 1,800,000 1,700,000 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

VISITOR ARRIVALS TO THE PHILIPPINES, 1996-2006

Arrivals grew by 8 percent in 2006 to reach 2.84 million; Visitor volume increase at an average of 4.9 percent per annum; Tourist inflow since 2004 remain way above the growth rate projected by the UNWTO for the Asia and the Pacific region at 7 percent.*

Major Tourism Markets in Philippine Tourism


oliday trips remain to be the top reasons for tourists and travelers to come to the Philippines with repeat visits to be at a higher rate compared to first visits. Major tourism markets for 2003 to 2006 places Korea to head the list of foreign tourists while China is noted to be emerging as one of the fastest growing tourist source of substantial impact. Apparently, the continued rise of tourists from Singapore and Korea is attributed to the increasing promotion of cheap travel fares and packages.

Visitor profile for 2005 reveals a larger number of male foreign tourists coming into the Philippines (61.33%) compared to women travelers (37.09%). Tourist arrivals is said to have increased by 8 percent in 2006 to reach 2.84 million. The hotel industry, in parallel, reached more than 70 percent occupancy rate in Manila alone. First Class and De Luxe hotels experienced robust growth claimed as a market success never before achieved in the last five years. For the Asia and Pacific region, tourist influx since 2004 remains to have exceeded beyond the growth rate projected at 7 percent by the United Nations World Tourism Organization. For the Philippines, foreign visitor volume increase at an average of 4.9 percent yearly, with projections of 12 percent increase for 2007; 14 percent for 2008; 16 percent for 2009; and 18 percent for year 2010. | *Source: Department of Tourism Philippines

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I know of a certain man named Peter, a f r i n r, oege who solicits girls and have their pictures taken. Peter even asked me to pose for him but I did not agree. One time Peter even went to see me in my house and wanted to bring me along for picture ta i g kn. Peter is an owner of a restaurant in Boracay.

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THE SEX TRADE I N B O R ACAY


I a m t t a I pay some amount of money in order to tak t g r s di ht l o il. I am aware too that there is prostitution in Boracay and I learned that Boracay is #3 sex destination among tourists .
----

Huang, 28, Chinese tourist


THE PIMPS All of the girls and boys enumerated for this study are freelancers, meaning they prefer working by themselves without pimps. However, based on actual observation, they also work with pimps. This is usually true especially when a larger number of girls (4 to more than 10) are needed to serve an equally large group of clients. The pimp is the one who directly transacts or negotiates with the clients as to the girls' rate, meeting time and place. Pimps include tour guides, boat drivers, waitresses and guards working in hotels. They get 500 pesos above each girl's payment for each transaction. Friends may also act as pimps. One girl said that she prefers having a pimp (a relative of the owner of one bar) because the pimp ensures that the client pays the exact amount agreed in exchange for sexual services and makes a judgment on whether the client has violent or abusive tendencies or not. There are numerous cases where a client refuses to pay or shortchange payment of a girl's services.

T
MODUS

he sex trade in Boracay is replete and open. The study found that generally, the girls frequent discos and bars and show themselves off to potential sex buyers by hanging around or by displaying themselves off through sexy or dirty dancing in these discos/bars. In addition, there are also girls who engage in the sex trade in the pretext of offering massage. Based on the interviews conducted with practicing massage attendants, these girls may be formally employed in massage parlors as attendants or freelance, meaning those who are not employed by private parlors but peddle their services along the White Beach strip.

The girls entertain potential customers in the disco and bars, generally by way of provocative dancing, trying to get the men's attention without approaching them. The client is the one who approaches the girl whom he likes to spend the night with. He would usually 'court' the girl in the disco or bar where the client initially approached the girl. 'Courting' means providing the girl with drinks, engaging in small talk, and dancing. The client negotiates the price and decides when they leave the bar. Once a girl's services have been contracted or arranged, she accompanies the client to the hotel or resort where the client stays. At the very least, the accompanying girl is required to list her name in the hotel guest book. But in many hotels/resorts, accompanying minors can freely get inside/outside its premises together with the hotel guest, according to the girls we interviewed.

Prostitution happens in all pae.Idntcr a al lcs o ae t l about prostitution in Boracay since this is normal due to the many f r i n t u i ts ---- John, 25, oeg ors .
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F R E QU E N C Y O F C L I E N T S The girls interviewed said that they entertain at least 2 to 3 clients in a given night during peak season----months when tourist arrivals are high (mid-October to May). On the whole though, the girls entertain at least 1 to 2 customers per night averaging 2 to 4 nights work per week. However, the girls said that they also work as many as seven days a week when there is demand for such. The interview team observed that on a slow night, there are as many as 20 to 30 girls present in a disco bar. Numerous younger girls are conspicuously more than women of older age. The working conditions for these girls are rigid. They stay late nights in bars and clubs with tough competition to attract clients due to countless other girls working as prostitutes.

The clients tend to divide into two groups----basically depending on the length of their stay and need for a sexual partner. For example, it was noted that male Korean tourists tend to stay for a shorter period of time (2 to 3 days) compared to European tourists. Thus, European tourists are those who would usually seek a 'girlfriend', usually a prostitute who would serve and accompany them for days to weeks.

FAC I L I TAT I N G E S TA B L I S H M E N T S In interviews with the victims, they identified specific tourist facilities or establishments in Boracay where sex tourists procure their services. These establishments include Cocomangas Disco and Bar, SummerPlace, Tagpuan Karaoke Bar, Sulu Bar in Station 3, Charl's Bar, and Bazurra (now called Paradiso). These establishments are mostly disco and karaoke bars. They serve as 'pick-up points' since these are the usual places where the girls go to be seen by prospective clients.

TYPES OF CLIENTS RATE OF PAYMENT FOR SEXUAL SERVICES There are two types of sex tourists. One, the preferential sex tourist who prefers to have as exclusive sexual partners young girls or young boys. They are usually motivated by a sexual attraction & abnormal desire for sex with children. The second type of sex tourist is called the situational sex tourist who may not necessarily have a sexual preference for minor girls or boys but who would still buy sex because it is available, among other variety of reasons. In the case of Boracay, these two types of sex tourists are obviously present due mainly to the fact that there are minors available for sex in the island. This environment enhances the number of visiting tourists to become potential buyers of sex. The rate of payment for sexual services vary according to the amount of time the sex tourist wants to spend with the victim. Some seek sexual services for a few hours only or 'short time' (from 30 minutes to 1 hour) which costs 1,500 pesos. Others pay for a girl's services from 1 hour to 3 hours which costs 2,000 pesos to 3,000 pesos. Clients seeking for sex and/or companion for a whole night is charged from 3,000 pesos to 5,000 pesos. Sexual services include blow job, 'normal sex'/different styles in having sex. For the men and boys, anal sex is a norm.

Nationalities of Buyers of Sex


The most frequently mentioned tourists who engage in the activity of procuring the girls' sexual services are male tourists coming from Korea. They also constitute the largest number of foreign tourists that visited Boracay in the last two years (2005 and 2006). Other buyers of sex identified by the study group come from Japan, France, Germany, England, China, Sweden, the US and local or Filipino men. In addition, there are also local and foreign gay tourists who seek young boys as sexual partners.

It may be happening but I am not sure because there are no reports I s e c i . e h ldren together with white men but I don t know. . p r. e haps they are just togethe as simple as that. r, Everyone who comes to

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Boracay Nga Ba?


Kuwento ni Lors, Isang Street Educator

obiyembre 14, 2006. Ito ang araw nang ako ay napadpad sa Boracay: isang islang kinababaliwang puntahan ng maraming tao sa mundo. Nakita ko ang mala berde't asul na kulay ng tubig mula sa dagat at ang mapipinong buhangin na ayon sa mga tao dito sa Boracay ay dinadayo pa ng mga banyaga. Nilanghap ko rin ang masarap na simoy ng hangin mula sa malalagong puno ng islang ito. Ah! napakasarap sa pakiramdam. Nakita at napatunayan ko na talaga nga'ng paraiso ang islang ito. Sa pananatili ko sa Boracay, marami akong napuntahang bars, restaurants at mga lugar kung saan maraming kabataan ding gaya ko. Naalala ko tuloy ang Malate kung saan ako nuon naassign bilang street educator. Halos wala silang pinagkaiba ng Boracay.

Marami din akong nakilalang kabataan sa Boracay, gaya ni Iza na 16 taong gulang. Dito s'ya nakatira sa Boracay at nag-aaral sa isang exclusive school. Pero para sa kanya, hindi masaya ang kanyang buhay dahil hindi s'ya inaasikaso ng kanyang mga magulang. Sapat na raw sa kanyang mga magulang ang bigyan s'ya ng pera upang gawin na lang n'ya ang gusto n'yang gawin sa kanyang buhay. Para sa akin, hindi na bago ang ganitong istorya dahil marami na ako'ng narinig na kwento gaya ng sa kanya. Kaya lang sa kalagayan ni Iza, masnaramdaman ko ang awa, panghihinayang at takot noong may isang foreigner na nangungulit sa kanya habang kami ay nag-uusap. Noong una ang akala ko ay nagagandahan lang s'ya kay Iza. Pero ilang sandali lang ay nakita ko na siyang nakikipaghalikan kay Iza. Ang sabi ng kanyang mga kaibigan ay boyfriend n'ya raw ito. Hindi lamang nakakagulat ang ganitong pangyayari ngunit nakakatakot din. Ano pa kaya ang kayang gawin ni Iza upang makakuha ng pagmamahal at kalinga na hindi naibigay ng kanyang mga magulang? Kung si Iza ay nakikisalamuha sa ibang tao upang mapunan ang pagkukulang ng kanyang mga magulang, iba naman ang dahilan ni Fe at Jenny. Mga menor de edad din sila: si Fe ay taga Maynila at sumama s'ya sa kanyang kaibigan dito sa Boracay upang maghanap ng trabaho. Si Jenny naman ay isang bakla o 'gay' na galing din ng Maynila, pero ang kanyang mga magulang ay taga-Boracay. Nagkakilala si Jenny at Fe dahil sa isang kaibigan. Pareho silang mahilig makisalamuha sa mga tao pero hindi para sa gimik, kundi para kumita ng pera na pangtustos sa pangangailangan ng kani-kanilang pamilya. Si Fe at Jenny ay nag-aalok ng serbisyong masahe o 'massage' sa mga foreign tourists sa Boracay. Pero bukod dito, may mga lokal na turista din silang kliyente. Akala ko noong una ay simpleng masahe lang ang kanilang tinutukoy. Pero noong minsan na may dumaan na lalakeng Tsinoy (Filipino-Chinese) sa aming harapan habang kami ay nag-uusap, ay bigla nila itong hinarang at kinausap. Akala ko nga ay kaibigan nila ito, pero nagulat ako nang ako na ang hinarap ng Tsinoy at inaalok akong sumama sa kanya. Duon ko lang naintindihan kung anong klaseng trabaho ang kanilang pinasok: aalukin lang nila kunwari ng masahe ang kostumer at kung pumayag ay aalukin nila ito ng serbisyong sekswal. Para sa kanila hindi mahirap ang ganitong trabaho dahil nakasanayan na nila ito, at hindi raw nila ito iiwan dahil ito ang bumubuhay sa kanilang mga pamilya. Si Iza, Fe at Jenny ay ilan lamang sa mga kabataan na aking nakasalamuha at naka-kwentuhan sa Boracay. Bagama't pare-pareho ang kanilang mga karanasan at kwento, tumatak ang lahat ng mga ito sa aking isipan. Nakakalungkot isipin na sa kabila ng kagandahan at mapang-akit na isla ng Boracay ay may naka-ambang panganib sa mga kabataang naninirahan dito. Sa aking pag-alis sa isla ng Boracay, natanong ko tuloy sa aking sarili: "llan pa kayang Iza, Fe at Jenny ang nakakaranas ng ganitong buhay?" Naitanong ko sa aking sarili kung naririto rin kaya sila sa Boracay o malamang din na nasa iba pang malalayong lugar ng Pilipinas, kung saan ang mga banyaga at may maraming pera lamang ang may kayang makarating.

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Daisy was introduced into the sex trade when she befriended a prostituted who encouraged her to join her with a customer. The three of them engaged in sexual intercourse under the influence of shabu (methamphetamine). She wasn't prepared for such an experience but agreed to it since she was in dire need of money. After a while, rumors had it saying of her being a prostitute; this caused her to leave her cousin and move in with a friend. Daisy associates her being active in the sex trade to feelings of abandonment by her parents. She has no contact with her mother or father thus feels that her parents don't care for her; she feels humiliated by them. At 9 months old, Daisy was left to her grandmother's care when her parents moved away from their hometown for a life in Manila. Her parents stayed together in Manila and after seven years, they sired a son: Daisy's brother. Afterwhich her mother left for work in Malaysia and eventually, her parent's parted ways and ended having other families. Daisy's relatives do not know of her activity in the sex trade but rather believe that she works as a waitress in Boracay. She knows that her family and relatives will forbid her being prostituted; however they expect her to send them money and Daisy is lost in finding ways to fulfill this. Daisy says that she can accept staying in Boracay being prostituted, if it's necessary.

aisy, a single mother, started a life in Boracay Island in 2006. She lived with her cousin at the start and with the first four days worked in a canteen managed by her aunt. She didn't like working for her aunt and so left her job.

The Story

of Daisy

LIFE IN THE SEX TRADE I N B O R ACAY At the time of this research, Daisy admits to have had five tourists as sex customers: two Filipinos, a Japanese, Swiss, and one Korean. She further admits of not using protection (utilizing condoms) during sex with any of her customers. She accompanies her clients to their hotel room or resort; while at times she freelances in the trade, she also sought clients thru the service of pimps. A relative of a bar owner she usually goes to had posed as her pimp for some time. Having a pimp, Daisy says, ensures her protection. The pimp may judge who among the customers may be violent towards her or who may not pay her right for her sexual services. Daisy charges her customers P1,000 for a 20 or 30-minute sex; with a pimp helping her out, the rate is raised to P1,500. Daisy declares that there are bars in Boracay that openly tolerate prostitution, including those of minors.

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T H E P RO S T I T U T E D CHILDREN
Sometimes we have no customers but when we have money, we loathe having sex with them ( l e ts. cin )

ut of the 14 cases enumerated for this study, four (4) come from Boracay Island: Ambulong in Manocmanoc, Balabag and Yapak; nine (9) come from the three provinces of Panay particularly Aklan, Capiz and Iloilo while one (1) comes from Pagadian in Mindanao and another comes from Albay. Three (3) of the girls were victims of internal trafficking: 'Mai-mai' (from Pagadian) was sold by her neighbor to a Muslim trader who then brought her to Marawi and eventually to Boracay; 'Rina' (from Kalibo) was promised work in Japan by a neighbor but was instead sold to a brothel in Manila. She later ended up in Boracay. 'Anne' (from Iloilo) was brought by her aunt to Boracay for prostitution. Four (4) of the girls have very young children but only one (1) is legally married. Seven (7) are single females. Of the three (3) males, one has a young son aged 1 year and 7 months. Four (4) victims finished high school; six (6) were undergraduates; 1 reached 2nd year college while three (3) others reached only primary school (grades 3 & 5).

Boracay includes being waitress, househelp, market vendor, canteen worker, water refilling station worker. In addition, the victims encountered numerous difficult circumstances at very young ages i.e., sexually abused, neglected, trafficked for prostitution, and dysfunctional families. This condition made them become more vulnerable to further abuse and exploitation. Academic qualifications notwithstanding, we found that most work other than the sex trade in Boracay is highly underpaid. Daily rates for waiters/waitresses, bartenders and sales ladies range from 130 pesos to 170 pesos and even as low as 70 pesos a day. These people work long rigid hours with no overtime pay and no days off. Grace who works as receptionist in a hotel in Boracay is a bachelor's degree holder but earns only 140 pesos per day. May, from the other resort, earns 2000 per month and works as receptionist from 6 AM to 12 noon and stay-in housemaid onwards at the resort owner's house.

LENGTH OF TIME IN THE TRADE E N T RY I N TO T H E S E X T R A D E Reasons and precipitating factors which introduce victims to the sex trade vary. In the case of the victims in Boracay, they usually had all tried working outside of the sex trade before engaging in it but found their previous work not financially supporting enough. Some of the work the victims were previously engaged in while in Although majority of those we interviewed are relatively new in the sex trade (2 months to 6 months on the average), at least two girls have been engaged in the sex trade in Boracay for more than a year. One (1) male victim has been in the sex trade for 6 years, starting at the age of 15.

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The Story

of Mai-Mai

At 15, Mai-Mai left for Marawi City to work as a housemaid for a Muslim. She got the job thru the neighbor of her aunt. Mai-Mai served the Muslim for nine months without receiving monetary compensation and was sexually abused by her employer. She left the job and worked as a housemaid for another Muslim in Davao who eventually brought her to Boracay after a year. Mai-Mai was then 17 years old. They had an agreement of her working for his store; however, she ended up doing other chores like taking care of his children and doing housework. She served them faithfully but in exchange, Mai-Mai wasn't treated well by her employer and his family. Mai-Mai eventually left her employer and stayed with three friends whom she befriended in Boracay. She neither had enough clothes or savings upon leaving her employer. Thereafter, Mai-Mai had a Filipino boyfriend whom she stayed with; their relationship however, only lasted for two months.When they broke up, Mai-Mai started getting active in the sex trade.

ai-Mai comes from a family of eight children. Born in a town in Pagadian, Mindanao, her father died when she was 10 years old. MaiMai's mother left home under this circumstances and as result, her siblings were separated and lived under the care of relatives.

LIFE IN THE SEX TRADE I N B O R ACAY Mai-Mai started in prostitution when a friend introduced her to a Korean customer of a bar in Boracay. She worked as a freelancer although at times got customers through pimps who also work as tour guides or as guards working at the hotels. The pimps get 500 pesos out of what she earns. Mai-Mai works in the trade at an average of three days per week and servicing one to two customers per night. She usually gets Koreans, Japanese and Filipino customers. Her income goes to paying rent, buying clothes and food. Nothing is left as savings despite Mai-Mai's desire to save money for her siblings and aunt. She fears getting sick with no family to take care of her hence would rather quit prostitution and be with her family; hopefully being able to manage a small store she intends to put up in the future.

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I pity them because they are neglected by their parents but there are also others who choose to be in the tae rd
L I V I N G AC C O M M O DAT I O N OF CHILDREN WO R K I N G C O N D I T I O N S At the back of world-class resorts and hotels, the girls live in what they call a 'boarding house'. The boarding house is a makeshift living quarter made of light materials like nipa and wood. There are at least eight small rooms in one 'boarding house'. Two to three girls are cramped together in each room. Their accommodation is simple and basic. They sleep on the floor made of bamboo strips. The walls are made of woven bamboo strips (sawali). They pay an average of 750 pesos each per month which also covers both water and electric bills. The boarding house may be likened to a 'casa' or brothel house since all of those who live there are women/girls and even boys who are actively involved in the sex trade. There are other such 'boarding houses' where women and girls' sexual services can be procured. Pimps sometimes directly go to such houses in order to secure girls' services. The working conditions for the girls are rigid. They stay up late nights in discos and bars; they lack rest, sleep and leisure time. Apart from the rigid nights, some of the girls reported that they experience physical abuse especially when a client is denied extra time for sex than what was originally arranged. As mentioned earlier, only five of the girls interviewed use protection and this leaves the others unprotected from sexually transmittable diseases like HIV-AIDS. Sustained tearing and bleeding in the genitals including exposure to substance abuse are also mentioned as those they have encountered in the course of their being involved in the sex trade. They added that they encounter harassment and exploitation when clients refuse to pay the agreed amount while some other clients do not give any compensation for their services at all. One lady boy said he now insists on 'money down first' to avoid being in the same situation again. Due to numerous girls vying to catch a client's attention, the girls are also exposed to petty quarrels and fights among themselves.

P ROT E C T I O N As a form of protection from possible sexually transmittable diseases, at least five of the girls said that they use condom which she either brings herself or use one when a client brings one. The other girls interviewed do not use any protection at all which pose serious health risks both for them and their clients.

CHOICES Most of the girls interviewed said that although they do not like what they do, they are forced to do it because they have no other opportunities for work that provides them with fair pay. They also feel that they need to provide financial support for their families.

SPENDING Behind nearly each girl involved in the sex trade is a family who relies on their child to help with the family's poor financial situation. This is true in the case of the children in Boracay enumerated in this study. The money they earn is sent back home in order to help their family and feed their own children. They also use their earnings for room rentals and food. The girls put a premium on maintaining their physical looks and they spend considerable amount for such personal needs like new clothing, make-up and modern gadgets like cell phones.

PLANS The girls have definitive plans about what they wish to do or accomplish at a given future time. These include the following: to build own house in their hometown; to run/own sari-sari store; to finish high school and find a job; to save money for family and siblings and stay with them; to work abroad; finally, to find any other kind of job for as long as it is not prostituting his/her body.

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The Story

of Anne
nne set foot in Boracay in 2005 and has since been active in the sex trade. Her fate in Boracay started when her aunt brought her there with the promise of work as a masseuse in a massage parlor. Her stepmother approved of the move because of the work opportunity; however, no masseuse work awaited her. Instead, Anne was introduced by her aunt to a pimp for prostitution work and was given training in entertaining customers.

Marami akong alam, lagi ako sa Cocomangas. Duon, maraming bata , k h t b ta nakakapaai a sok duon basta lang may kasamang matanda.
FA M I LY B AC K G RO U N D The girls come from large families usually averaging from 6 to 10 children. Most of them are either the eldest or second eldest in their respective families. They were raised by their mothers alone or with help from relatives. Most girls have separated parents with either parent having a new family. It was also found that most mothers did not have any work or employment at all while the male parent's work include the following: jeepney painter, fisherman/farmer, apartment caretaker, appliance store worker or construction worker.

Anne had been fatherless since age four. Her aunt whom she refers to as mother has been with her since birth while her biological mother formed another family. Anne was told of her other many siblings but she never met any of them other than a half brother whom her father sired from another partner.

LIFE IN THE SEX TRADE I N B O R ACAY Upon arriving in Boracay, Anne stayed with a lady pimp in a boarding house. Her aunt left her there and eventually returned to their hometown. Anne lived with the pimp for five months and afterwards lived on her own; thereupon, she engaged in freelance prostitution. Other than her aunt who brought her to Boracay, no other family member knows of her plight and misadventures in Boracay. Anne sometimes entertains two customers per night; there are situations too when a customer have her services for a weeklong tryst. In the length of her stay in the trade, Anne has built a steady network of customers who return to Boracay and thereto seek her services. A night of work can earn her 3,000 pesos and the dictations of her target income for a night or day usually depends on her lack of money to survive for a certain period of time. The trauma and pain of finding herself in the trade is very evident in Anne. She finds it difficult to articulate her experiences and situation while she was being interviewed for this study.

FA M I LY ' S AWA R E N E S S The study revealed that the childrens families do not know what they are involved in but rather their families believe that they work as waitresses, massage attendants, or some other kind of work in a hotel. The girls do not get nor expect any kind of support from their families, especially on the financial aspect. Generally, the girls have developed close friendship among themselves and in times when they need help, they reach out to each other for assistance, financial or otherwise. They added that they do not also receive any kind of support or help from any government or non-government agency in Boracay.

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THE COMMUNITY
Boracay is not a good place to raise children because of the bad things they see around. The children should be aware of what happens with prostitution and that they have to remember Filipino values.
----

Teacher Marie

It is alright for me for my gay son to be involved in selling sex but not my girls.
----

a mother

AWA R E N E S S Key community members either evade or dismiss the topic when asked if they are aware of cases of child prostitution in the island. The common responses we gathered from such interviews with them include the following: 'If there is prostitution, the girls involved do not come from Boracay. They come from other places.' 'There are no reports. I see children with foreigners but perhaps they are just together, as simple as that. Everyone who comes to Boracay is a guest.' 'If there is exploitation such as paid sex with minors then it is a private matter since there are no brothels in Boracay.' 'Minors could not be involved since we have curfew and hotels and resorts check on girls once they accompany tourists inside the establishment.' of the children victims as one of their own. Thus, those interviewed say that 'they' (children victims of CSEC) do not come from the island or even that 'they' come from the next barangay' but never from 'our barangay.'

H I G H LY AT- R I S K C H I L D R E N The growing tourism in Boracay boosts the demand for prostitution and this makes the children in Boracay highly at risk of abuse and sexual exploitation because they are exposed to it. In addition, the non-recognition of children victims as one of their own allows for a form of acceptance and even tolerance of establishments that help facilitate sexual exploitation of children. This accepting environment is translated to a favorable reception of all visitors and tourists who visit the island which include child sex tourists. Government's inaction to address this situation may encourage continuing demand for young girls and boys who are being victimized by such kinds of undesirable tourists.

DENIAL There is denial regarding the prostitution situation in the island, especially that which involves minors. This probably stems from the community's limited appreciation

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The young students of Boracay National High School.

LOCAL LEGISLATIONS RELATED TO CHILDREN


There are at least five (5) Municipal Ordinances related to children which were enacted. They are worthwhile and useful pieces of legislation. Local legislations such as municipal ordinances are significant measures because they are intended to help coordinate efforts to uphold and safeguard human rights including those of children. Legislations also serve as legal anchor for good law enforcement as well as basis for the administration of fair or equitable justice for all. Policies and systems, therefore, must seek to protect children and not repress or deprive them of their inherent rights being thus. However, a quick look at the municipal ordinances shows that they all penalize children instead of protecting them.

MUNICIPAL ORDINANCE NO. 212 Series of 2004 An ordinance restricting minors to loiter in public places between 10 o'clock in the evening and 5 o'clock in the morning

MUNICIPAL ORDINANCE NO. 196 Series of 2003 An ordinance prohibiting elementary school pupils and students to play or loiter in amusement centers or places of recreation.

MUNICIPAL ORDINANCE NO. 161 Series of 2002 Prohibiting store owners, storekeepers, vendors & other business establishments to sell cigarettes to minors.

MUNICIPAL ORDINANCE NO. 160 Series of 2002 An ordinance prohibiting prostitution, pandering and facilitating prostitution within the municipality of Malay and providing penalties for violation thereof.

MUNICIPAL ORDINANCE NO. 13 Series of 1988 An ordinance banning the use and sale of intoxicating liquors, games of pool table and billiard to minors especially school children

MUNICIPAL ORDINANCE NO. 156 Series of 2002 An ordinance prohibiting amusement centers or places to permit minors to play or loiter in any of its facilities. (Repealed by MO No. 196, Series of 2003)

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................
Municipal Ordinance No. 212. An ordinance restricting minors to loiter in public places between 10 o'clock in the evening and five o'clock in the morning The rationale states that the ordinance is intended to address the issue of minors being exposed to social ills and unscrupulous individuals. The reality of the situation in Boracay is that minors found "loitering" are a common occurrence in disco places and bars including hotels, night and day. By singling out minors and penalizing them, the ordinance has the effect of ostracizing and labeling minors as criminals, as opposed to addressing the issue of protection. The ordinance does not address the safety of the minors which is possible only by maintaining and adhering to a safe and secure community where people are vigilant to the welfare of children. The same ordinance in effect does not promote a child-friendly and child sensitive community. The community should focus on the factors that make children vulnerable to shady individuals. Ordinance and issuances by the local government should serve as a mantle of protection for the child and not against the child. Prohibiting and "penalizing" minors for loitering in public places would not necessarily protect them from being exposed to social ills unless the community itself will take steps to ensure that the community is safe for children. Greater protection must be afforded to the child and they should not bear the consequences of an unresponsive community. Protection should not criminalize. Children found loitering in public places are considered to be neglected. Under Article 141, paragraph 3(b), Title VIII of PD 603 or the Youth and Welfare Code, a neglected child is one whose basic needs have been deliberately unattended or inadequately attended. The issue in these ordinances is how we look and consider children. Minority is considered under the law as having no legal capacity to act and/or having no capacity to act with legal effect, therefore requiring protection under the law. In the same manner that as a general rule an act is considered legal if there is no law penalizing the same, the fact of minority is not punishable under the law. The same is actually a privilege, and a mitigating circumstance under the Revised Penal Code. RA 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act) mandates the same vigilance in defining the criminal act of attempting to commit child prostitution. Article 3, Section 6 of said law provides that there is an attempt to commit child prostitution when a person, other than the child's relative, is found alone with said child inside a room, hotel, motel or other similar establishments under circumstances which would cause a reasonable person to believe that a child is about to be exploited in prostitution. The child is considered a victim and not the wrongdoer who will be penalized for participating. The law requires that persons who facilitate the procurement of children for exploitation are liable. The law does not make the child liable, it ensures that the child is protected. The use of the words, "apprehended, offense and offender" in relation to minors must be reconsidered.

ANALYSIS OF LOCAL LEGISLATIONS RELATED TO CHILDREN

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................
Municipal Ordinance No. 160 series of 2002. An ordinance Prohibiting Prostitution, Pandering and Facilitating Prostitution Section 2. Prohibition applies to "any individual" regardless of age. Section 4. definition of terms. Pandering- procuring as defined under RA 7610 Prostitutes- victims of prostitution. Women and children engage in prostitution are considered and should be treated as victims. Article 3, Section 5 of RA 7610 penalizes the pimp, procurer and those engaged in promoting and facilitating child prostitution including the user or customer of child prostitutes. It also penalizes those who derive profit or advantage therefrom such as the owners of the establishments which engages in prostitution. A prostituted child is a neglected child. The welfare of the child must always be the paramount consideration. Under the Rule on Examination of Child-witness, "Best interests of the child" means the totality of the circumstances and conditions as are most congenial to the survival, protection and feelings of security of the child and most encouraging to his physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development of the child.

................
Municipal Ordinance No. 13. Banning the use and sale of intoxicating liquors, game of pool table and billiards to minors especially school children. Minors, male and female, 18 years old and below shall be fined if caught violating said ordinance. Same comment as above. Municipal Ordinance No. 156. Prohibits amusement centers to permit minors to play or loiter. Ordinance seemingly refers to amusement centers being fined for any violation of the same, but the use of the word "apprehension" or " per minor apprehended" is misleading and connotes a corresponding violation by a minor for every penalty incurred by operators of amusement centers.

................
Municipal Ordinance No. 196. Prohibition to amusement centers during class hours The use of the word "apprehended" in relation to minors found playing in the facilities during class hours. Same comment as above.

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C O N C L U S I O N

he study confirms the presence of minors who are new victims of commercial sexual exploitation or CSEC. It involves children, both male and female. The sexual exploitation of children in Boracay is made easy through tour industry facilities which are accessible for sex tourists in procuring services of minor victims. While it is a fact that tourism in Boracay has obviously brought in money for the government, it too has its social costs. Boracay attracts not just responsible tourists who compose the majority, but also visitors whose purpose to travel is to exploit and engage in sexual activities involving children. This situation in turn makes other children in Boracay highly at risk due to exposure to the trade. There is zero to inadequate service provided to victims specifically the children victims. There is an obvious lack of human resource like trained social workers who will provide social welfare services for children who are victims of sexual exploitation. The Crisis Intervention Unit is not yet operational. To this day, the Barangay Council for the Protection of Children (BCPC) which is tasked to implement policies, plans, programs and services for children is not functional. Based on our interviews, there is a need to upgrade local knowledge and skills regarding laws and policies related to children in order to help and protect children from abuse and sexual exploitation. In most instances children are seen as offenders, thus, in practical terms, they are not seen as victims of sexual exploitation. Some tourism establishments help facilitate the sexual exploitation of children by allowing minors within their vicinities so that buyers of sex have access to them. This also includes hotels and resorts which are supposed to inhibit minors' entry to such facilities but in fact allow their hotel guests the use of such for sex with a minor. Very young girls and boys who are employed directly or indirectly in tour-related businesses such as waiters/waitresses, salesladies, etc who in turn receive very minimal pay (130 to 170 pesos a day) are also very vulnerable to exploitation. School children skip class-

es during peak season to find temporary work in various tourist facilities. It is not unlikely that they will choose to stop going to school in order to earn money. These circumstances facilitate the transaction to the sex trade, simply because in most cases the workers not yet involved in the sex trade cannot support their living with their earnings, this is one of the factors leading to prostitution. Government inaction to recognize the exploitative situation also enhances the continued abuse and exploitation of children. Unscrupulous individuals who hear and learn by word of mouth or through the internet regarding the thriving sex trade in Boracay may lure and exploit not just Boracay's own children but also other vulnerable children from neighboring places.

RECOMMENDATIONS
Based on the findings of the study, ECPAT came up with the following recommendations:

Conduct of information dissemination and education in understanding CSEC for various stakeholders like local leaders, tourism and travel sector, law enforcers, parents, teachers, students, children and young people; Provision of basic services and assistance for victims, including psychosocial services and counseling; and to, Establish active partnership with the community in identifying solutions to the issues concerning children.

= =

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ANNEX

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Annex 1 | Comparative Listing of Issues & Concerns

Year 2003
Lack of human resource (i.e., social workers, teachers) Inadequate infrastructure (i.e. day care centers, school library) Malnutrition which led to slow learning in school Lack of/loss of interest in studies (laziness, absenteeism, poor study habits) Increased drop-out rate Inadequate funding allocation Rapid population growth Risk-taking behavior among youth Increasing number of out-of-school youth Increasing number of juvenile delinquents arising from family problems/situations Adolescent/teenage pregnancy Rape Child abuse Parents (irresponsible, extra-marital relations, single parents) (Source: 'Stakeholders Forum and Planning Workshop on Child Welfare/November 6, 2004 Tonglen Beach Resort, Boracay Island. The Malay municipal government and Kiwanis Club of Boracay jointly conducted this forum and planning workshop on child welfare. Representatives from the academe, government agencies, municipal/barangay officials and religious groups participated in seeking to identify some of the problems affecting children.)

Year 2006
Lack of human resource (trained social workers & police) Lack of facilities for children e.g. crisis center Health issue and HIV/AIDS/STD Police training for case build-up and evidence gathering/preservation Diminishing standard/poor education Review and monitoring of the implementation of local ordinances specifically Municipal Ordinances 212 and 160 vis-vis national laws; Republic Act 7610/9208 Local government providing the condition for the sexual exploitation of minors (i.e., holding of Bikini Open events with the participation of minors) Leveling off on the issue of why minors are penalized/ apprehended while establishment owners are not Fly-by-night establishments Sex tourists Lady boys and children in conflict with the law Leveling off/understanding the CSEC phenomena Poverty & parents Sexual abuse (rape, incest) (Source: Presentation of Findings: Open Forum/ January 30, 2007 Patio Pacific, Boracay Island)

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Annex 2 | Local Legislation Related to Children

MUNICIPAL ORDINANCE NO. 161 Series of 2002 AN ORDINANCE PROHIBITING STOREOWNERS, STOREKEEPERS, VENDORS, AND OTHER BUSINESS ESTABLISHMENTS IN THE MUNICIPALITY OF MALAY, AKLAN, TO SELL CIGARETTES TO MINORS. (Sponsor: Hon. Charlie D. Villanueva)

SECTION 1. - It is strictly prohibited of storeowners, storekeepers, vendors and other business establishments in the Municipality of Malay, Aklan, to sell cigarettes to minors. SECTION 2. - Definition. As used in this Ordinance. "Minors" - refers to persons below eighteen (18) years old. "Other Business Establishments" - includes bars, restaurants, discotheque and entertainment houses. SECTION 3. - Any storeowner, storekeeper or vendor caught violating this ordinance shall be fined ONE THOUSAND PESOS (P1,000.00) on first offense, TWO THOUSAND PESOS (P2,000.00) on second offense and TWO THOUSAND FIVE HUNDRED PESOS (P2,500) and cancellation of permits on third offense. SECTION 4. - Any ordinance in conflict herewith is hereby repealed. SECTION 5. - This ordinance shall take effect upon its approval and proper publication.

ENACTED. MAY 15, 2002. APPROVED. MAY 29, 2002. APPROVED. SP RESOLUTION NO. 02-277

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MUNICIPAL ORDINANCE NO. 212 Series of 2004 AN ORDINANCE RESTRICTING MINORS TO LOITER IN PUBLIC PLACES BETWEEN TEN O'CLOCK IN THE EVENING (10:00 PM) AND FIVE O'CLOCK IN THE MORNING (5:00 AM) WITHIN THE MUNICIPAL JURISDICTION OF MALAY.

Section 1. - Rationale. A rise in the number of minors loitering in public places between ten o'clock in the evening (10:00 pm) and five o'clock in the morning (5:00 am) has been observed within the municipal jurisdiction of Malay, particularly in Boracay Island. If this kind of loitering remains unchecked, these minors shall conditionally be exposed to a number of social ills and ultimately become helpless victims of unscrupulous individual who are out to exploit their innocence. Hence this piece of legislation. Section 2. - Definition of Terms/Phrases. For purpose of this ordinance, the following terms/phrases shall mean: Minors - refer to individuals whose ages are below eighteen (18). Public Places - refer to streets, roads, parks, beaches, open spaces and other areas where the public at large may converge for free. Loitering - an act of moving around places aimlessly devoid of a lawful purpose. Supervised Activity - an activity, individual or by group, conducted under a controlled and monitored setting the purpose of which is either for research, education and other related fields in humanities. SECTION 3. - Regulatory Provision. Except for Permitted cases provided by this ordinance is "strictly prohibited" of all minors to loiter in public places between ten o' clock in the evening (10:00 pm) and five o'clock in the morning (5:00 am) within the municipal jurisdiction of Malay. SECTION 4. - Exemption. The following cases shall be exempt from the prohibition provided for by this ordinance; (a) If the minors are under supervised activity prior permission of which has been secured from the Municipal Social Welfare and Development Office of LGU - Malay; If the minors are accompanied and supervised by an adult within the third civil degree of relationship by consanguinity or affinity and presence in said public places is predicated by legitimate need and/or legal purpose.

(b)

SECTION 5. - Penalties. Any minor apprehended in violation of this ordinance shall be subjected to the following: First Offense - One-half day counseling by the MSWD for both the offender and the parents or guardians who are in custody of the aforestated offender. Second and Subsequent Offenses - One whole day counseling for both the offender and parents or guardian and a fine of FIVE HUNDRED PESOS (P500.00) per minor offender to be paid by the offender's parents or guardian.

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MUNICIPAL ORDINANCE NO. 196 Series of 2003 AN ORDINANCE PROHIBITING AMUSEMENT CENTERS OR PLACES FOR RECREATION WITHIN THE MUNICIPALITY OF MALAY TO PERMIT ELEMENTARY AND SECONDARY SCHOOL PUPILS AND STUDENTS, RESPECTIVELY, PLAY OR LOITER IN ANY OF ITS FACILITIES AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

SECTION 1. - Prohibition. It shall be prohibited of all amusement centers or places for recreation within the Municipality of Malay to permit elementary and secondary pupils and students, respectively, play or loiter in any of its facilities during class hours. SECTION 2. - Definition of Terms. As used in this ordinance, the following terms shall mean: (a) Amusement Center/Place of Recreation - refer to any place or establishment that offers entertainment facilities such as billiards, pools, karaoke, dance machines, computer games, games of chances. Elementary Pupil/Secondary Student - refers to anybody below 18 years old who is enrolled in any elementary and secondary school, private or public, within the Municipality of Malay. Class Hours - pertain a time frame from 7:00 A.M. to 5:00 P.M. Monday to Friday or on week ends when classes are held.

(b)

(c)

SECTION 3. - Penalties. The operator of the amusement center or place who violates this ordinance shall suffer the following penalties: First Offense - Stern warning to owner/operator and a fine of ONE THOUSAND PESOS (P1,000.00) per minor apprehended playing the game. Second Offense - Suspension of license to operate on one (1) month and a fine of ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) per minor apprehended playing the game. Third and Subsequent Offenses - Cancellation of license to operate, confiscation of gadgets or facilities and a fine of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) per minor apprehended playing the game. Third and Subsequent Offenses - Cancellation of license to operate, confiscation of gadgets or facilities and a fine of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) per minor apprehended playing the game. SECTION 4. - Repealing Clause. Municipal Ordinance No. 156 is hereby repealed by this Ordinance. All other ordinances, rules and regulations, or parts thereof, provisions of which are in conflict with, or contrary to, the provisions of this ordinance are hereby repealed, amended, or modified accordingly. SECTION 5. - Effectivity. This ordinance shall take effect immediately upon approval.

ENACTED. MAY 28, 2003. APPROVED. JUNE 19, 2003. APPROVED. SP RESOLUTION NO. 03-282

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MUNICIPAL ORDINANCE NO. 196 Series of 2003 AN ORDINANCE PROHIBITING AMUSEMENT CENTERS OR PLACES FOR RECREATION WITHIN THE MUNICIPALITY OF MALAY TO PERMIT ELEMENTARY AND SECONDARY SCHOOL PUPILS AND STUDENTS, RESPECTIVELY, PLAY OR LOITER IN ANY OF ITS FACILITIES AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

SECTION 1. - Prohibition. It shall be prohibited of all amusement centers or places for recreation within the Municipality of Malay to permit elementary and secondary pupils and students, respectively, play or loiter in any of its facilities during class hours. SECTION 2. - Definition of Terms. As used in this ordinance, the following terms shall mean: (a) Amusement Center/Place of Recreation - refer to any place or establishment that offers entertainment facilities such as billiards, pools, karaoke, dance machines, computer games, games of chances. Elementary Pupil/Secondary Student - refers to anybody below 18 years old who is enrolled in any elementary and secondary school, private or public, within the Municipality of Malay. Class Hours - pertain a time frame from 7:00 A.M. to 5:00 P.M. Monday to Friday or on week ends when classes are held.

(b)

(c)

SECTION 3. - Penalties. The operator of the amusement center or place who violates this ordinance shall suffer the following penalties: First Offense - Stern warning to owner/operator and a fine of ONE THOUSAND PESOS (P1,000.00) per minor apprehended playing the game. Second Offense - Suspension of license to operate on one (1) month and a fine of ONE THOUSAND FIVE HUNDRED PESOS (P1,500.00) per minor apprehended playing the game. Third and Subsequent Offenses - Cancellation of license to operate, confiscation of gadgets or facilities and a fine of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) per minor apprehended playing the game. Third and Subsequent Offenses - Cancellation of license to operate, confiscation of gadgets or facilities and a fine of TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) per minor apprehended playing the game. SECTION 4. - Repealing Clause. Municipal Ordinance No. 156 is hereby repealed by this Ordinance. All other ordinances, rules and regulations, or parts thereof, provisions of which are in conflict with, or contrary to, the provisions of this ordinance are hereby repealed, amended, or modified accordingly. SECTION 5. - Effectivity. This ordinance shall take effect immediately upon approval.

ENACTED. MAY 28, 2003. APPROVED. JUNE 19, 2003. APPROVED. SP RESOLUTION NO. 03-282

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MUNICIPAL ORDINANCE NO. 160 Series of 2002 AN ORDINANCE PROHIBITING PROSTITUTION, PANDERING AND FACILITATING PROSTITUTION WITHIN THE MUNICIPALITY OF MALAY AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

SECTION 1. - Prohibition on Prostitution, Pandering and Facilitating Prostitution. It shall be prohibited of anybody to practice prostitution or to pander or facilitate prostitution within the jurisdiction of the Municipality of Malay. SECTION 2. - Prohibition on Prostitution Patronage. It shall be prohibited of any individual to engage the services of any pimp or prostitute for purposes of satisfying the sexual passion or desire of such individual through sexual contact. SECTION 3. - Presumption of Knowledge. For purposes of this ordinance, it is conclusively presumed that operators of establishments have established full knowledge of any negotiations to transact and/or consummate prostitution in their respective establishment hence liable under this ordinance as facilitators to commit prostitution. SECTION 4. - Definition of Terms. The following terms as used in this ordinance shall mean: (1) Prostitution - refers to an act or business of offering by any individual of his or her body or service to anybody, for a consideration, for purposes of satisfying the latter's sexual passion and desire through sexual contact. Pandering - refers to pimping, an act of procuring services of any prostitute to cater to the sexual passion and desire of another through sexual contact. Prostitutes - refers to someone who offers his/her body or service to anybody, for a consideration, for the satisfaction of the latter's sexual passion and desire. Facilitating Prostitution - refers to an act of providing opportunities to prostitutes and pimps to conduct their trade, such as tolerance to use his place for transaction and or consummation of prostitution. Establishments - refer to cottages, disco houses, restaurants, hotels, hostels, boarding houses, stores, fun houses, bars, diving shops, karaoke bars, KTV bars and other entertainment centers or any private places.

(2)

(3)

(4)

(5)

SECTION 5 - Repealing Clause. All ordinances, rules and regulations, or parts thereof provisions of which are in conflict with, or contrary to, the provision of this ordinance are hereby repealed, amended, or modified accordingly. SECTION 6 - Penalties. Any person who violates this ordinance shall be sanctioned as follows:

Offenders (1) Prostitutes

First Offense Fine of ONE THOUSAND PESOS (P1,000.00), two (2) Days counseling with MSWD and signing of undertaking. HIV determination check-up and Smearing. Fine of ONE THOUSAND PESOS (P1,000.00), two (2) days counseling with MSWD and signing of undertaking.

Second & Subsequent Offenses Fine of TWO THOUSAND FIVE PESOS (P2,500.00), Fifteen (15) days imprisonment, HIV Determination check-up

(2) Pimps

Fine of TWO THOUSAND FIVE PESOS (P2,500.00), Thirty (30) days imprisonment.

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Annex 3 | Various Responses

A. GOVERNMENT
MUNICIPAL GENDER AND DEVELOPMENT (GAD) PLAN Municipality of Malay Malay, Aklan For Calendar Year 2006

(1)

Social Services include the following: Operation of Day Care Center Poverty Alleviation Program Aid to Individuals in Crisis Situation Operation of Stimulation Therapeutic Activity Center Operation of Crisis Center for Women & Children Operation of Senior Citizen Health Services include Philhealth Contributions-Indigency Program, Drugs & Medicine Expenses, Vaccines, Family Planning, RH program, Population program, nutrition and health board fund with PhilHealth contributions and drugs/medicine getting the big ger share (400T and 300T respectively). Economic Development include the following items: Agricultural programs and services, Management of sanctuary and marine parks, Repairs and maintenance irrigation, canals, Law enforcement & Rehabilitation of municipal nursery. Bigger budget share for Agriculture and Repairs (at 100T each). Development Administration include the following: Capability Building (trainings for LGUs on PES & Values), Sports and Recreation program, Formulation of Land Use Plan with the last get ting the biggest share from among all budget items at 250T while Capability Building budget is only 104T.

MUNICIPAL SOCIAL WELFARE DEVELOPMENT OFFICE

Preventive Services
Massive information drive among minors on the recent municipal ordinance related to curfew. This was conducted in Parents Teachers Associations (PTA), private schools, and hotel owners. Self awareness and team building sessions among the youth are conducted in barangays through the Federation of PagAsa Youth Association. Youth activities like these are being conducted every first Saturday of every month.

(2)

(3)

(4)

Rehabilitative Services
Counseling Medical Check-Up Family Assessment Referral for Institutional Placement Rescue Operations

Other civic organizations in Boracay like KIWANIS and Boracay Foundation, Inc. or BFI have initiated various fora and dialogues among various stakeholders like teachers, tourist police, resort owners, parents and children. Part of their advocacy is the production and dissemination of info-educational materials.

B. CIVIC GROUPS KIWANIS CLUB OF KALIBO


Feeding, inter-school sports festivals, Christmas gift-giving, deworming and medical missions Donated a day care center in Sitio Hagdan in Yapak Funded the construction of the library in Manoc-manoc Elementary School Produced and helped popularize information and education campaign materials like posters on ordinances through local radio and TV guestings. RESEARCHERS NOTE: The research team made appointment for interview of other various groups in Boracay (i.e. Boracay Foundation, Inc.) but after several follow-ups there was no available opportunity for such to materialize.

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Invocation For Children


All mighty and ever loving God, We praise your name and thank your goodness for having Gathered us today for the sake of your children. By your command we commit ourselves To protection and upbringing the children of today Who are the future of tomorrow. Help us to work in solidarity that every child finds A place in society By providing them education, food, shelter Protection from different kinds of abuses Such as prostitution, child labor, slavery, the lack of basic needs And most important of all The love they rightfully deserve. Make us worthy stewards of this precious gift called life Pulsating in the faces of young ones And help them realize their potential In building a society made in the framework of love And become communicators of justice and peace. We also remember the suffering children, In particular the youth of Boracay Where exploitation Is being committed against dignity We earnestly pray mutual respect and peace In our lands and the whole world.

Annex 4 | Presentation of Findings

On January 30, 2007 ECPAT presented the initial findings of the study A Situation Analysis of the Effects of Tourism on Children in Boracay. It was well-attended by local stakeholders coming from civic groups, the academe, law enforcement, local chief executives (municipal & barangay level), church, government line agencies, resort managers/owners and youth representatives. The presentation of the findings was held in Patio Pacific, Boracay Island.

The selected parts of the program are: Invocation for Children Inspirational Message Excerpts of the Open Forum The ECPAT Pledge A Commitment to Children List of Participants

We know dear God that this work entails not only the initiative To work for the common good But commitment and conviction. Help the people from our government, the Church, Society, and all men of goodwill By sending Your Spirit to strengthen us In this mission of defending the rights of every child. AMEN

Msgr. Josefino Ramirez Vicar General, Archdioces of Manila He shared his prayer during the Sunset Ceremony, ECPAT International Conference on Young People's Participation, 2001

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SITUATIONAL ANALYSIS ON THE EFFECTS OF TOURISM ON CHILDREN IN BORACAY


Patio Pacific, Boracay Island, Malay, Aklan January 30, 2007

INSPIRATIONAL MESSAGE

Ladies and gentlemen, good afternoon. In behalf of the Department of Tourism through the Director of the Office of Tourism Standards, Atty. Ma. Victoria V. Jasmin, we would like to extend our sincerest greetings to all. We thank ECPAT Philippines for inviting us over to deliver this inspirational message and to co-host this special moment with you. Special because it is for the children. Thousands of tourists travel to Boracay each year. Whether they travel for leisure or business, the majority of tourists are responsible travelers who respect the local environment, culture and people. As a result, the impact of tourism is mostly beneficial wherein visitors make significant financial contributions to the local communities through their purchases of accommodations, services and souvenirs. However, while the majority of tourists are honorable people and they travel responsibly, there are some tourists who use tourism as a channel to access children. These criminals use their travel as an opportunity to sexually exploit children. The sexual exploitation of children by tourists is a crime. It is against the Convention on the Rights of the Child (UN CRC) and against the law in many countries including the Philippines. Tourism is not the cause of child sex tourism but it is a channel that provides offenders with a way to gain access to children. As a result, the tourism industry is well-placed to play a vital role in protecting children. There is now a global outrage and call for action to stop this crime against children that is brought about by tourism. But before an action could be concretize like any other project or program, a study and assessment should be tableddown. With the study made by ECPAT, which is to be presented this afternoon, let us try to reflect on how in our own creative capacity as community leaders, business owners, workers and individuals, share with the struggle to combat child sex tourism not only in Boracay but also in our country as a whole. ECPAT has always been there working even 'under fire' if only to end child prostitution, child pornography and the trafficking of children for sexual purposes. We strongly commend ECPAT for its unwavering efforts in promoting the best interest of children in tourism. We, in the Department of Tourism cannot do it alone. We believe in strong partnership among tourism stakeholders, now that includes every one of you here. In fact, we are glad to note that business players are coming in sharing what they can and giving their commitments for the promotion of Child Wise Tourism or the prevention of commercial sexual exploitation of children in tourism. SEAIR is the first in the airline industry to commit to the Child Wise Tourism program of the DOT. SEAIR has included the children wise tourism campaign in its Inflight magazine (show magazine). A similar campaign message is found in your kits in bond-size posters, brochures, tent cards and stickers. These are just some little and simple but meaningful things that we can do to protect our children. It is important that we take whatever steps we can to prevent any child from being abused. Protecting children from sexual abuse and exploitation in tourism destinations is everyone's responsibility because the next victim, God forbids, may be found in your own home. We need to make sure our clients come back. Good clients will not return if they feel uncomfortable or offended by the behavior of others. Boracay is a family tourism destination. So accordingly, don't let child abuse travel to or from Boracay. Thank you for listening. ATTY. MA. VICTORIA V. JASMIN Director, Office of Tourism Standards Department of Tourism Philippines
Delivered by DONALD BALANHI Child Wise Tourism Trainer Department of Tourism Philippines

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Excerpts from the Open Forum on the Situational Analysis on the Effects of Tourism on Children in Boracay
30 January 2007 Patio Pacific, Boracay Island Malay, Aklan

DIONISIO SALME (Local Government Unit): Do you (ECPAT) have any contact with the children (interviewed in 'Ligaw sa Paraiso') including those who had been sexually exploited by one foreign offender? DOLORES ALFORTE (ECPAT): Yes we do have communication with some of them but for those who filed cases, we cannot comment on the case as currently there is an ongoing legal procedure. Mr. Salme: In that case, we can wait for the results of the court proceedings. We do not want to tolerate such situation to happen in Boracay. I even encourage the group to think of possible help for the children to avoid re-victimization and to prevent other children to experience such abuse. ATTY. ANJANETTE SAGUISAG (UNICEF Manila): Regarding Municipal Ordinance No. 160 series of 2002, is it a municipal ordinance of Malay? The ordinance states that it prohibits prostitution, pandering and facilitating prostitution within the municipality of Malay. Was the study able to check how it is being implemented? Is there a regular monitoring of bars and other establishments? Was there an incident wherein an establishment was being penalized by this ordinance. What is the penalty? JO ALFORQUE (ECPAT): One of the aims of the study was to find out responses from the local government and some NGO's in relation to children's concerns in general and children-victims of CSEC in particular. We gathered municipal ordinances related to children including barangay level ordinances. However, the study did not delve into how these local legislations were implemented or if they are implemented at all. In my interviews with the children they said that they are allowed to enter the establishment as long as they are accompanied by an adult. If such establishments were not supposed to allow entry of minors, then that already speaks something about the implementation. WILBEC GELILTO (Kiwanis Club of Boracay): There is a provision in the ordinance that says If the minor is accompanied by an adult she/he will be allowed to enter the establishment". Atty. Saguisag: But my question is again how this ordinance is implemented. Do they check the registries for example? CHIEF PINSP. PRANGAN (Philippine National Police): I have been assigned here (Boracay) since 2001 and I can honestly say that we done a lot of accomplishments since then specifically regarding the problem about prostitution. The only problem is one time we were to file an inquest case against an offended but later because this is using the municipal ordinance, the judge required

us to file in an ordinary filing. There were times when offenders were just required to pay certain penalty as stipulated in the municipal ordinance. To file a case of prostitution based on the RA 7610 would require a lot of elements for us to satisfy the fiscal for the filing of the case in court. The Special Tourist Police is always conducting the patrol but the problem with monitoring is that while we, the police, is bound to render duty 254 hours a day, 7 days a week or 365 days in a year, during weekends when these problems usually occur, with due respect to DSWD who also work against this problem, still they are only available from Mondays to Fridays. That is a problem that I have discussed with the BFI also. For the implementation we are not satisfied because we are dealing with this kind of problem. It would be a long term process. After the enforcement what's next? Do we have the facilities to accommodate these people because for the information of everybody we had a bad experience on apprehending minors because it's a regulation already that minors are not or we are not allowed to detain minors in the detention cell. The question is even the Boracay Special Tourist Police Office as the model police station in the whole Philippines doesn't have any such facilities to accommodate these minors. We experienced one time that they were just accommodated in the WCCD office and the following day in the morning three (3) of these kids were gone. They went home and it's good that some parents reported to us that their sons or daughters went home already without the permission coming from the police officer. Sometimes they just make alibis that they are going to the store to buy food or drinks and they will not come back. They are our liability. It has been recorded that they were in our custody. Whatever happens to them without the proper turnover to the DSWD or their parents themselves, we would be in hot water? We might be suspected of salvaging or whatsoever then what would be the result of that laxity or negligence on the part of the police with the custody of these kids. That's why I'm discussing with the BFI that what if the BFI are going to fund the facilities in Barangay Balabag to accommodate these minors so as with the prostitute. Because we are conducting inspections in the establishments and we want commitment we're having this kind of seminar already or this meeting it would be good that thru the BFI the establishment can commit themselves. The police is not there at all times. We are not superman but I assure you that we are doing our best for the good of the island. Atty. Saguisag: Also part of the study was your findings about non-use of protection or condoms during their (children's) work and then you related it to sexually transmitted infections. I understand based also on the previous report by Maki Pulido that there is a practice here of issuing pink card. I am assuming that there is regular hygiene check ups. If that is true have you monitored HIV

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Aids? Do you test? Do you know how much it costs here? How much is the testing here? Is it available to the workers? MS. LOUBELLE CARIN (Boracay Foundation, Inc): I think recently we have the facilities for the HIV testing in Balabag but I don't know in Balabag Health Center. Atty. Saguisag : Who pays for it if somebody goes there? Is it the local government? Do they shoulder the cost of the testing? Ms. Carin: I don't know about if it is free. We are not sure; it was only opened three (3) months ago. Atty. Saguisag: So I'm assuming that you don't have any statistics on the prevalence of HIV Aids in the island. Ms. Carin: I think we have also the statistics but I think it's very confidential about those who are infected with HIV or any kind of sexually transmitted infection. They have the study here but they are not just allowed to give it. Atty. Saguisag: No we are not talking about the identity, we are talking about statistics, about frequency, about how prevalent HIV/AIDS or STDs are in the population. So the population does not know whether HIV Aids is present in the island or not? Ms. Carin: We do. We attended one seminar about sexuallytransmitted disease and we were told that there are people living in Boracay who are infected of HIV but we don't know how many and who they are. Atty. Saguisag: So there are yet no frequency studies. One of the reasons why I am interested to know about it is that UNICEF as part of the country program for children has been trying to track its progress in relation to a big program that we have on prevention of HIV Aids. And one of the key findings based on the DOH national data is that HIV Aids in the Philippines has been low and slow in terms of its growth and spread. This means it is concentrated on sex workers. But based on the recent findings it has now spread to the general population and so I hope maybe because this is just the initial findings maybe when you progress with the study maybe we can also include it as part of it. Because again based on the studies younger people have also been infected. More women and younger people are becoming infected with HIV Aids, so it would also be interesting to see if you can also track it on the study. Boracay Foundation: I would like to go back to the findings and the word used which is "denial". I think that this is not really correct because we here in Boracay especially the local government, the Kiwanis Club of Boracay, and the BFI are very aware of the problem. We are doing something and I remember during 2003 we called the initiatives of the Kiwanis of Boracay, we have this Stakeholders Forum on Delinquent children. It was participated by the local government, PNP, DSWD, resort owners and all barangay. We talk about the problems of delinquent children not only on the problem of prostitution but also on other areas involving children. Actually we have come up with the stickers so its not really true that we "don't see and hear them". We come up

with the sticker and the PNP asked them to put in every establishment here in Boracay. But it seems that the problem is still increasing. We had another stakeholders forum and again it was participated by the local government, PNP, DSWD, resort owners and all barangay. This was in September 2006 and we again came up with the stickers and posters to protect our minors. So it's not that we are not doing something about our problem because we are. These posters here and actually we called a DIALOGUE. We talked to the minors, the children themselves. It's about 150 and we talked with the parents in a separate forum including the teachers. We are doing something about it but I don't know how we can actually combat this problem because it's still continuing and still continuing and its just demeaning our community. Ms. Alforque (ECPAT): Thank you. We actually targeted BFI in fact we sent letters so that we could also interview BFI. The researchers tried to follow up but we were not able to meet BFI. Otherwise, we could have reflected such initiatives. Regarding denial, if I look back from all those people we identified specifically the local officials malaking bagay yung sinasabi nila downright na there is no prostitution and that is a direct quote. Sabi nila, because we don't see that there is transaction (paying or receiving of money), we don't see any brothel. The fact that there was a case of sexual exploitation in a school and the barangay hall is just right beside it and yet they are not aware, that's strange. Because in the local government unit the mechanism should be in place already wherein people would know that if there is an incident they would immediately go there to report about it. One teacher we interviewed aptly said it all I guess. She said, 'For as long as we do not recognize that there is a problem (child prostitution), then we cannot do anything.' FR. ADLAI PLACER (Holy Rosary Parish): I just want to point out my observations and questions at the same time. We have many ordinances and even specific penalties for minors or violators. My question is how about the owners like the bar owners who are offenders. Why is it that only minors are being apprehended? Why are we allowing the owners? What are the penalties or punishment? Why only the minors are being punished? How about those who are providing conditions for the minors to commit violations. I personally observed and saw minors. I also see those who are supposed to oversee these minors but they are not watching them. Are we going to wait for these minors to enter the establishment before apprehending or right there and there we can ask and have them sent home. One more point, my observation is that it might be that we are directly or indirectly providing the conditions for them to prostitute. There was one occasion that I was invited on a Bikini contest. I turned down the invitation but later I was able to watch it on the television. I have seen that there were candidates who were minors, 16 to 17 years old. What can we do with these people who are promoting such shows? In a way we are selling these kids and the tourists see it and would capitalize the situation of the family which is in poverty. DIR. TERESITA ROSALES (Department of Social Welfare and Development): We should not forget that we have our national laws to protect these children one of which is Republic Act 7610 and specifically there is a provision there that

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we can close an establishment if the people suspected that this resort is allowing prostitution. If there is an adult accompanying a minor and appeared to be suspicious that could even be apprehended. So aside from the municipal ordinance I think we should not forget that we have national laws. As per observation there is really a need on aggressive advocacy. I know that there is LCPC here and then MSWDO. We are discussing here that one of their problem is lack of human resource. They only have 2 social workers but I think the other one transferred to another facility. They do not have regular social workers assigned here so they do not have office on Saturdays and Sundays. They have a crisis center and they are planning to put up a rehabilitation center for these children probably in the municipality of Malay. Boracay Foundation: I just want to comment on the planners and to those who initiated the study. We welcome the study in fact we were aware of the study conducted last year when you first presented the case of eleven (11) children. But somehow we wish you consider the one presented by the Kiwanis Club of Boracay. We will resent on the general concept of denial. I would like to support the statement of the PNP Chief here that this needs a long term program for the children because we lack infrastructure support and manpower support. Although the police will enforce the law but there are some laws that embody how we should handle these children and youth and also those women in crisis. I would like to let the good councilor know that there is no post constructed yet for the Crisis Center. Our role as BFI is push key agencies, people and organizations to move. I would also suggest that the study be presented to national agencies like DOT and include DOT in the program. I also believe that the root cause of the problem is poverty; the children are exploited from their homes, so where should they go? Are they going to jail or to the Crisis Center or in their homes wherein the children are taken care for, provided with their basic need, parents are not abusing their children? Here in Boracay, who are those people who are concerned with families with six (6) members, most of the siblings are female, is there someone looking after them, do they have proper place to sleep? How about the incest cases are there groups monitoring this? Nobody cares. Do politicians expect them to be their voters when they grow up? Would they grow up properly with this situation? So this is a SOCIAL PROBLEM and this is not the problem of UNICEF, the Kiwanis, BFI, Father Adlai but the problem of everyone. We expect that we would help each other. Thank you. DONALD BALANHI (Department of Tourism): With the observation of Fr. Placer with the establishment this could be a matter of issuing a permit. There are lots of fly-by-night hotels and resorts. Are they really following the municipal ordinance and so with our law enforcement? I also observed children in the beach near the man made castles offering picture taking for a fee or donation. They are not supposed to be there during those time based on the ordinance. DOT provided support for capability building such as trainings. It is called Child Wise Tourism program. This March the CWT Training will be conducted. This program will not be sustainable

if we only train and train the tourism frontliners which we are doing oftentimes. We should meet in between with the LGU so that this could be co- sharing of resources. We can conduct trainers training, you provide the participants and eventually with the support of the LGU they will be the one to conduct the training in Boracay to sustain it. MR. VICTOR SUPITRAN (Boracay Natl High School): We should be open that if we market tourism right away they will be here. While Boracay is developing thru tourism the moral aspect is diminishing especially education. The discos are open you could not have peace of mind especially those houses near this establishment. They could not rest properly since these discos are open until midnight. How these children could concentrate on their studies, so instead of studying their lesson they would go out. All over Boracay, everywhere there are karaoke, even disco bars with sounds so I don't know how these kids can cope with it. The blame is usually placed on the teachers. People would say that these children were not taught properly in their schools. For those who said these they are not aware that they also have moral obligation. It is not the sole responsibility of the teachers but also the parents around. We cannot decide on this immediately, the prostitution in Boracay wherein we don't know if we have students or graduates involved in the trade. But we could not eradicate this as long as tourism is here in Boracay. Our attention is 50 - 50, 50 good for tourism and at the back of it are the social issues. The question is how we can solve this barricade and impediment which are there. The discos and bars are open all night long until dawn and there are houses nearby. This is really a social problem and it's a long process. There are many groups who came here aiming at solving the same atmosphere yet it did not prosper because as the police says it is hard to confront bar owners. With this situation the schools are affected. The children are misguided since at home the parents are not there, they are working. The children cannot do their assignments because the parents could not assist them. And the blame goes back to the schools. How can we address this is a big issue. PInsp Prangan: Regarding the minors at the beach front offering picture at the sand castle I just want to reiterate, in the ordinance if a minor is accompanied by the parents/guardian they cannot be apprehended for curfew. If you notice, these children are usually accompanied by their parents even those building the sand castles; they assist their parents. With the movie/documentary that problem really occurred a long time ago. It had been resolved by not only the PNP but with the LGU so as with the BFI. Everybody in the island reacted on that documentary. Actually we identified the eleven (11) minors. If you know them I am very much familiar with them because I was the chief of police then. We got the identity of those kids and for the information of everybody these kids have been endorsed and few of them have been identified to be indulging in prostitution. And even the other one I would name her it's Precious, the one avoi-

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ding to be identified. She is from Antique and raped by her stepfather. (Atty. Ani reacted reiterating confidentiality. PInsp. Prangan accepted and asked for apologies.) PInsp. Prangan: We tried to file a case for that but we are not aware if the case prospered. The kids identified in the study are caught several times. I know the lady boys you mentioned. A case was filed against him. I am suspecting that he is sick. There are two incidents wherein this boy was involved, a foreigner was reported to be missing and it turned out that this boy, together with the foreigner, went to their place. What I find unpleasant for those people who produced the documentary is that they did not even solicit the opinion of the police during that time when they made it. They interviewed the DSWD, and some personalities but the police it's just a footage. They did not ask the police of what they had done with these children. And that's why to tell you frankly it was a big issue and it was a big hassle on my part because I myself had been investigated by the Chief PNP (former Police Director General Mendoza). I wish they were fair enough so we can explain our side. And I apologize for discussing those identities because they are still here in the island. Atty. Saguisag: It is true that addressing the problem of sexual exploitation of children is long term. You can't do it overnight and it happens not just in Boracay. It's happening in Puerto Galera, its happening in Rio its happening in Europe, its happening all over the country, all over the world, all over the globe. And that's why it is linked in tourism because some of the tourist not all as Donald say during his talk, it's not all the tourist that we wanted to apprehend. There are a few, they are not the majority and it's not just foreign it's also local and it's not just the tourist. And the money that comes in is not enough to justify the abuse or exploitation of even one child. We cannot say that Tourism brings money so it's okay for the children to be victims. It's not accepted. Even the World Tourism Organization declared that tourist establishments and the tourism industry in general should be involved in addressing the issue. And it's not just the problem of the tourism industry; it's the problem of the country, the LGU, the national government, the PNP, the NBI, the DSWD, its everybody's business. We have to work together and I agree to the point that we need infrastructure support. Based on experience UNICEF does not fund infrastructure primarily because we don't want to institutionalize children. And it's not the answer. Based on experience prevention is better than cure and less costly. I would rather encourage you to invest on prevention programs-raising awareness; educating people about the issue rather than put the money on infrastructure, yet the people are not trained to handle children. We don't have the manpower to do the work and handle these children. We also lack people who would enforce the law and yet we can all participate in prevention by educating people. These posters and stickers are the start but we can do better and that's what I want to acknowledge that it began. The discussions are good but we don't stop there. In 2003 we got mad because the image of the island was put in bad light. After the 2007 study, what's next? You want to do another stakeholders meeting, that's good. Maybe we can help you in identifying, in planning. Another point I don't think there is DENIAL of prostitution but I think

there is a DENIAL that children in prostitution are VICTIMS that's why we don't see that they need help. We call them snatchers that's why we detained them and yet based again on studies all over the world, and even here, we know that children in conflict with the law are victims including those identified as snatchers. So I don't think that were denying that prostitution is happening, we know it. You acknowledge that you know it's happening and it may involve children and adults. Internationally it is accepted as a right, "that all children should be free from all forms of abuse and exploitation, including prostitution. They are victims I think that's the denial there and I want to work with whoever wants with UNICEF and I'm sure that ECPAT is willing to have a dialogue and see how we can work on this. I think we start that we all want to work together and it's not time to point finger and it's never a time to point fingers. That is not where we should begin so I hope at the end of the day we can come up with maybe some agreements about what we can do as the next steps. But I want to assure you that since we are partners already with ECPAT we would like to see this come to some positive resolutions. I hope we can have even just an agreement to talk again that's still a positive step for us. Fr. Placer: (With the point that Atty. Saguisag elaborated that children are really victims and how we can help them.) I was pointing out how about the establishment owners. How about those who are facilitating those kinds of shows because ultimately the children are being exploited. I don't see any specifics with the ordinances against this establishments and I don't hear of any being punished. We are blaming the parents yet we are not attacking the roots. Who makes these things happen? I admit that this would entail a big effort in identifying owners who are facilitating such kinds of activities. But if we are really working for this we should not only deal with the offenders because as we say they are victims. These children are victims and we need to help them. I observed in the streets and I'm sure that they are not accompanied by their parents. I also see those who are supposed to be implementers of the rules and regulations they are exactly beside each other and there are times I saw them talking with each other. I agree that it's really the concern of everybody. I'm happy to know that there are a lot of people who are concerned because we recognize that it's a big problem. That's why we did all the help. We can thank ECPAT and for other people who help. Mr. Balanhi: Maybe that would be the next agenda for us for the next stakeholders meeting. Maybe we can enhance the ordinance; if it's curfew, it is really a curfew, not just seeing the children as accompanied by an adult. Ms. Alforque (ECPAT): What we presented is the initial findings in fact, this forum we want to gather additional information or comments from you that we can include on the final draft. So for example what the KIWANIS are doing as well as the BFI are doing we can include. We are not yet releasing the final draft and this is one way of consulting you. When we mention in our conclusion about zero or inadequate response we are referring to responses to victims. Mostly we are doing a lot of advocacy because we do believe that PREVENTION is primary in fact this is also what we are doing. However, we found out thru this research that the children can be taken out of the situation. There are cases wherein we can remove the child from this kind of situation because they are very new to the trade.

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In relation to what was mentioned by Director Rosales, yes, we have national laws on child abuse: RA 7610. Perhaps there is a need to review the ordinances that we mention specifically the one mentioned by Mr. Gelito because it is stated in the ordinance that as long as the minor is accompanied by an adult you can no longer question which is contradictory to RA 7610 which says that if you are suspecting the adult accompanying the child you can apprehend. You can assume that most likely there is something wrong. So here there is a contradiction so it's high time that we need also to review the local ordinance. But even then even if we have local ordinances if there is an existing national law, that's binding anywhere and any part of the Philippines. So we can implement that. I remember way back 1996 there is a case against a German national wherein the owner of the establishment reported the case to the police. The man was apprehended although he escaped later. The case was pursued in Germany using the extra territorial law and he was penalized. In that sense we can do it even as owners, even as individuals. It's true that we have different perspectives. Like for us we have our own perspective. We want to protect children; while the establishment owners have their different perspective, the police as enforcers even the church have their own perspective but I think one thing that we need to change also is our attitude. Perhaps we can say more or less there is denial because you don't see and hear the children since we are always saying that we are apprehending children. As Fr. Adlai mentioned, we don't look at children as victims. As long as we have this kind of attitude towards our children, in a way there could be a perception of DENIAL in terms of children as victims of commercial sexual exploitation not necessarily denial of prostitution in Boracay per se. We are willing to be part of the dialogue although at the moment we are not present in Boracay. But I think we can start discussing because we don't want to appear that we are just presenting here the findings and later you will say that we don't do anything. So initially as long as we change our attitude towards our children things will change for the children of Boracay. DANTE PAGSUGUIRON (Local Government): My observation is that we focus on children in prostitution. For us in the island we are not only focusing ourselves on that. This is only one factor which creates problem in the island. We have many things to consider in protecting the island. Let's accept the truth: prostitution is exploitation and we can't deny it. The ordinance is to protect the island to prevent prostitution. If you will observe the general condition of the island there are no discos. We don't allow them. In fact the ordinance discourages prostitution in the island. We don't see any stage show, so we are taking actions to protect the island. Because we consider the island as a family tourist destination, we can't afford not to have tourist coming over. We can review ordinance for effective implementation. We are doing our best because this is our island that we need to preserve and how to sustain the tourist industry in the island. We believe that it is here for all of us not only for the municipality of Malay or the province, but for the national government too. That's why we treasure this island. I really appreciate the presentation of the study. We can work together and this is not the last activity of having good inputs.

Boracay Foundation: We thank ECPAT because it would be easier for the work of Kiwanis and BFI. We observe that we always conduct meetings, forum but I feel that we are not moving on. During the stakehol-ders forum it was well documented and every sector expressed their commitment so maybe we can also use this. They also shared their recommendations. The LGU are aware of the ordinances and they have recommendations as they recognized that it had a lot of loopholes. The PNP also knew the problem all the inputs are there so we can avoid a lot of meetings. At the end of the day we realized that we really need infrastructures because the sectors can't do their job if we lack resources. We can give you the copy of the study (stakeholders forum) so you can identify the recommended programs. We had a workshop and we talked to the minors themselves because they are always the target so we really sat down with the minors from all the different schools here in Boracay. We also included their parents and teachers because they are involved. We presented the problems and they are aware because there are many drug abuse cases not only CSEC. We appreciate your pre-sence because our work will be easier aside from fund limitations. Fr. Placer: With respect to minors accompanied by an adult/guardian my question is what if the minor is a foreigner and it's beyond 10 o'clock in the evening. Are we saying we allow only those foreigners? We might have discrimination in allowing foreign minors to stay beyond 10 oclock. Mr. Balanhi: We have now RA 7610 I guess someone would have a hint if the minor is a son/daughter of that adult. In the case of Filipino little girl or boy with a foreigner that would be a red flag, you can presume that the child is at risk. The ordinance would apply if the child is a Filipino together with a Filipino parent. We have to enhance and try to see the loopholes in the ordinances even the laws that we have in place. PInsp Prangan: Let's give credit, on the case of the two Germans apprehended, to Mrs. Yap the owner of Casa Pilar. She was the one who reported the case to the police. It's good that Mrs. Yap herself did it and it was Mayor Yap at that time who really supported the police in that case. This is the only question that I am going to leave. We are also asking the support coming from the DOT, ECPAT and UNICEF. Police would always be a police we are not afraid of whatever would be the result of our job most especially if we are doing our job well. In RA 7610 the penalty is much deeper compared to filing municipal ordinance because its just a matter of trying to discipline these kids. Actually we are apt to counseling but nothing happens. We cannot penalize the parents and with these establishments it's beyond our control; trying to cancel permits of these establishments to operate. We are just mere police officers and I want to ask if you can support us if we have suspicion with a foreigner and this kid will be into prostitution. What is the assurance that if we have problems you will support us, to tell you frankly the police got nervous with cases. But for me I'm telling you that I am not afraid of the case because we have our lawyers to protect us from suit. How about our police women who would encounter a problem about this cause, could you help us. I mean through thick and thin, can we count on your support and you will not leave us?

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Atty. Saguisag: First point: RA 7610 provides a penalty. It is prohibited if an adult accompanies a child and there is a 10 year gap. We are not asking you to apprehend all. We are asking you to ASK. Do you ever ask? We had training with the Australian Federal Police. This is in Camp Crame, we are working with General Tanigue. She organized it and then Gen. Bozo Mendoza. During the training, this is a mixed group: the SWAT, Women's desk, mostly are in field. They talked to the police and asked what if we see an adult accompanying a minor? Do we arrest them right away? No, you just have to ask. The point is ask "Is this your child, are you entering the hotel? Is this your daughter can we have any identity?" That's legal procedure that you ask, it's a process of investigation. Then you don't incur any liability. Second point : When you are a police officer that's part of the hazards of your work. We cannot say that we might be sued that's why I don't want to be a police officer anymore. If you are challenging us that we don't leave you I'm sure ECPAT has gone thru thick and thin. We received death threats, the center was being harassed. If your are saying that we will back out when cases come in, I can vouch that ECPAT has gone thru this experiences. Now if you are asking UNICEF to provide a lawyer for you, definitely we cannot do that and I am sure DOT cannot give you a lawyer too. But what I'm trying to say is you can provide us with viable recommendations. Do you need capacity building? Unicef has even gone to the extent of sending police officers out of the country for them to learn the expertise to upgrade their skills. If you are asking us, if you find courses that you think is viable and can help you bring it to us. But I don't think that the challenge is if we will back out. It was started by ECPAT and DOT. It's been there, we are here to offer any assistance that we can offer within the respective mandates of our respective organizations. If the LGU can review their laws then we will respect that. We will not ask the police officers to legislate because it is not your function in the same way that ECPAT provides certain services which are to a certain extent can actually address your needs. They can provide direct assistance to children. There are some NGO's going to the extent of hiring lawyers to provide assistance to those who are counter sued or encounter harassment suits. Unicef provides support to ECPAT to do some of these services. The point is we need to work together and look for viable suggestions or viable recommendations within our respective mandates. If we can sit down, we need to talk to discuss things. For example the ordinances perhaps, there is a need to revise it. You can e-mail, I can send you model ordinances. This is what I think we should do but is it acceptable to everybody, we still need to meet. This meeting is still very useful. For those areas needing action definitely we need to ACT. We need to plan, children could not wait. We need to ACT but we need to see what we can work on together. Ms. Alforte (ECPAT): Actually I feel nervous because every time I come to Boracay or any other tourist destination that we visit, it seems that we instigate the discussion. But I know in Boracay there have been a lot of changes, improvements. In fact when I was reading the result of the evaluation made by the Special Committee in relation to the development from 2005 when we had the last dialogue, what was mentioned was the appreciation of the issue needs to be tackled. We need to level off in understanding the

issue. We have different interests and we would always respect that. Now I have a different feeling because the atmosphere has changed. We are no longer enemies of Boracay people. I feel that somehow or at least now, we can work in partnership with you. We can share our experiences with you as well as our learnings. This is our insights in taking a step in addressing the problem. Previously we are challenged by Sir (chief of police). We as NGO we can't enforce the law, and we are not legal personalities wherein we can support all legal cases. So definitely we are working with various stakeholders. We are also working with partners for us to be able to achieve our goals, our vision. Ending child prostitution seem to be far from reality yet but at least we are taking steps towards protecting children from further exploitation.

PRESENTATION OF ECPAT PLEDGE 1) We believe that we need to level off in understanding. We need to understand what the phenomenon is. In our previous discussion we didn't discuss the demand. We find that we need to pursue the study, in relation to the lady boys, to the gays and in relation to the CICL and other issues of the youth. Also we found that there is a root cause to prostitution and it is poverty. The problem is how we can address POVERTY. So we are finding short term solutions while pursuing the long term solutions to the problem. With the police we are part of the team conducting trainings for policemen and also we are pursuing training of prosecutors. In our training we find that other than low understanding of the laws that we have , even the national laws we had problems in investigation same as the CSI type. I think we need to upgrade the capacity of our policemen. We understand like the social workers they are always vulnerable to harassment of the offenders. We can't pursue the case without the investigation. How can we pursue the case if our child witnesses retract which happens oftentimes? There is usual pay offs so there's a lot of complicating problem. So all of us are involved in the process, what we think is that we need to discuss what CSEC phenomenon is for us to be able to start thinking and discussing as well as doing something to find way of preventing as well as solving the existing problem at the moment. 2) We would help in encouraging the adoption of the Code of Conduct among members of the tourism and travel sectors. We are in partnership with DOT in doing this. So we hope that we can involve the tourism and travel industry since they are the main partners when we talk of the effects of tourism on children in Boracay. 3) We will try to lobby for possible projects that would assist victims. We believe that we need to start because we are not counting eleven or fourteen children, there are many of them. We really need to do something about it. We can't promise how fast we can do this. But this is our commitment. This is our pledge to the children of Boracay. And in the discussion process we can participate. We are open to possibilities. We are willing to learn, to get the results of the mentioned stakeholders meeting. Probably from the recommendation and suggestions we can really start. Thank you.

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The ECPAT Pledge


To pursue education and training among various stakeholders (including children and young people) in order to deeply understand the Commercial Sexual Exploitation of Children (CSEC) phenomenon and prevent more children from becoming victims. To encourage the adoption of a Code of Conduct among members of the tourism and travel sector. To lobby for a possible project that would assist victims towards recovery and healing.

A Commitment To Children
We accept responsibility for children Who put chocolate fingers everywhere Who liked to be tickled Who stomp in puddle and ruin their new pants Who erase holes in their math workbooks Who can never find their shoes. And we accept responsibility for those Who stare at photographers from behind barbed wires Who can't bound down the street in a new pair of sneakers Who have never gone to circuit Who live in an x-rated world. We accept responsibility for children Who brings us sticky kisses and fistfuls of dandelions Who sleep with the dog and bury goldfish Who hug us in a hurry and forget their lunch money Who cover themselves with Ban-Aids and sing off-key Who slurp their soup. And we accept responsibility for those Who have no safe blanket to drag behind them Who watch their parents who watch them die Who can't find any bread to steal Who don't have any rooms to clean up Whose pictures aren't on anyone's dresser Whose monsters are real.

ECPAT Philippines January 2007 Patio Pacific, Boracay Island, Philippines

The ECPAT Pledge was born out of the discussion made by ECPAT Philippines in view of the findings of the study conducted in Boracay. The Pledge captures at least three key areas of concern of Child Rights: Protection, Prevention and Rehabilitation areas that need immediate action and attention.

Author unknown (from the Final Report: Out from the Shadows)

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ECPAT Philippines with the support of the UNICEF presented the Situational Analysis of the Effects of Tourism on Children in Boracay to the locals of the island. Convened were representatives from local government, tourism stakeholders, among others.

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List of Participants to the Presentation of the Initial Findings

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.

ABE, PO1 Aileen P. ALFORQUE, Josefina E. ALFORTE, Dolores S. BALANHI, Donald BARDIOLA, Josephine J. CALIZO, Janet T. CASIDSID, Divy G. CASIDSID, Emily Z. CASIDSID, Evie Z. CAUN, Loubelle CRISPINO, Joel Dennis M. CUALES, Kathyren T. GELITO, Joel V. GELITO, Wilber M. ICOTANIM, Judith T. JORNADAL, Alma L. MARZE, Ronald L. MANEJA, Trinidad M. PAGSUGUIRON, Dante C. PLACER, Fr. Adlai PRADO, Jerre Mae B. PRANGAN, PS INSP. Christopher P. PROL, Magdalena S. REBANIO, PO2 Fe M. ROLDAN, Deanna P. ROSALES, Teresita SALME, Dionisio J. SUPETRAN, Victor E. TRINIDAD, Susan J. TUBI, Lorena A. VISMARA, Rafel G.

Philippine National Police ECPAT Philippines ECPAT Philippines Department of Tourism, Manila Tourist-Receptionist, Malay DSWD Field Office 6- AKLAN SWAD TEAM Pag-Asa Youth Association of the Philippines Pag-Asa Youth Association of the Philippines Pag-Asa Youth Association of the Philippines Boracay Foundation, Inc. (BFI)/Kiwanis Club of Kalibo Department of Education, Balabag Tourist-Receptionist, Malay Barangay Captain BFI/Kiwanis/Phil. Coast Guard Assoc./Club Paraw Department of Tourism, Boracay Department of Social Welfare and Development, FO6 Kiwanis Club of Kalibo ECPAT Philippines Sangguniang Bayan Member, Malay Parish Priest, Holy Rosary Parish Municipal Social Welfare and Devt Office, Malay Chief of Police - BSPO Municipal Social Welfare and Devt Office, Malay Philippine National Police Barangay Councilor Department of Social Welfare and Development, FO6 Local Government Unit, Barangay Balabag Department of Education, Boracay Boracay Foundation, Inc. Massage Parlor Attendant Kiwanis Club of Boracay

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PEOPLE BEHIND THE PROJECT


Dolores SD. Alforte Over-all Research Supervisor Josefina Encenso-Alforque Research Team Leader Ma. Trinidad Maneja Lorieneth Nervar Social Worker/Researchers Atty. Cristina Sevilla Legal Consultant Pernilla Oeqvist Sandra Wessel Student Interns/Researchers Medge Samblaceo-Olivares Book Designer

TEXT Josefina Encenso-Alforque Medge Samblaceo-Olivares PHOTOS Ginno Corral (published on pages 2,4, 5, 6, 21, 22 and cover) Photographs published on pages 8, 9, 11, 14, 16, 17 are contributed by the researchers.

ACKNOWLEDGMENT ECPAT Philippines is grateful to all the children and young people we met and interviewed during the conduct of this study. We hope that with this document, all concerned agencies and organizations both at the local barangay and municipal levels, civic groups and other stakeholders will be more proactive in their advocacy and programming work for and in behalf of all the children in Boracay Island. We are also grateful to UNICEF-Manila for supporting us in this effort.

NOTE FROM THE PUBLISHERS Not all children photographed in this publication are presented to be victims or survivors of child abuse or commercial sexual exploitation.

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