Sexual exploitation of children and adolescents (ESNNA) is considered a form of contemporary slavery and a crime against humanity in various international human rights instruments that Ecuador has adopted and ratified. It is also sanctioned by the criminal law in force in the Republic of Ecuador.The Comprehensive Organic Criminal Code of Ecuador (COIP) criminalizes human trafficking, sexual exploitation, forced prostitution, sexual tourism, and child pornography, as well as its commercialization. These crimes are punishable by prison sentences, the duration of which varies according to the seriousness of the crime committed.It is important to note that Ecuador's Tourism Law does not recognize "Sex Tourism" as a tourist activity or modality, but as a crime that must be punished according to the law. ON-VACATION ECUADOR S.A.S. (On Vacation) promotes a zero tolerance policy towards sexual exploitation of children and adolescents in its facilities, as well as in the travel and tourism sector.The Global Network of Civil Society Organizations to End the Sexual Exploitation of Children and Adolescents (ECPAT) defines child sexual exploitation as sexual abuse by adults, accompanied by compensation in money or kind for the child or third parties. There are four main and interrelated forms of commercial sexual exploitation of children: child prostitution, child pornography, trafficking for sexual purposes, and sexual exploitation in travel and tourism.The travel and tourism industry has long been associated with illegal and criminal activities that violate human dignity. Exploiters often use the facilities of the tourism industry to facilitate contact and exploitation.According to the World Tourism Organization (UNWTO), more than 600 million international tourist trips are made each year. Of these, 20% of travelers seek sex during their travels and 30% admit to having pedophilic tendencies. This represents more than 36 million people who travel the world with the aim of having sex with minors.
- OBJECTIVE AND SCOPE OF APPLICATION
The purpose of this policy is to establish the general rules on the responsible behavior to which the persons who are part of On Vacation, directly or indirectly, whether they are administrators, managers, workers and suppliers within its tourist service facilities will be subject to; as well as to determine the obligations that On Vacation must apply in the mentioned establishments to prevent and eradicate the sexual exploitation of children and adolescents in accordance with the Ministerial Agreement No. 2022-014 issued by the Ministry of Tourism.
- TERMS AND DEFINITIONS
The following definitions are established within this Policy, which were obtained from the Code of Conduct for the Prevention of Sexual Exploitation of Children and Adolescents in the Context of Travel and Tourism for providers of Tourist Accommodation services:
- Tourist lodging. - It refers to tourism activities that may be developed by natural or legal persons consisting of the paid provision of non-permanent lodging services to domestic or foreign guests.
- - Compliance by natural or legal persons providing tourist lodging services and their employees with the provisions of the Code of Conduct (Ministerial Agreement No. 2022-014) that evidences their responsible behavior.
- Code of Conduct. - A normative body containing principles and obligations, which aims to regulate a certain behavior or activity. Specific codes for the protection of children and adolescents are intended to standardize behavior so that all individuals working with or in the private travel and tourism sector know how to identify and act in cases or suspicions of sexual exploitation of children and adolescents.
- Crimes against humanity. - Are those committed as part of a widespread or systematic attack against a civilian population: extrajudicial execution, enslavement, forced displacement of the population not aimed at protecting their rights, illegal or arbitrary deprivation of liberty, torture, rape and forced prostitution, non-consensual insemination, forced sterilization and forced disappearance.
- - Act by which the authority is informed, in writing or verbally, of a fact contrary to the law, so that it may proceed with its investigation and punishment.
- Tourist lodging establishment. - It is considered as an integral unit of business destined to the non-permanent lodging of tourists or visitors that provide complementary services, for which it must previously obtain the tourism registration and the unique annual license of operation, through the National Authority of Tourism or the Autonomous Decentralized Municipal and Metropolitan Governments to which such attribution has been transferred.
- - It is a set of procedures that establishes general criteria that ensure a homogeneous performance of those involved in certain situations.
- - It is a value and a practice assumed by tourism accommodation service providers and their workers, in application of ethical principles and the contents of the Code of Conduct. Responsibility implies timely actions and in compliance with current regulations for the prevention of any type of sexual exploitation of children and adolescents in the context of travel and tourism.
- ON VACATION OBLIGATIONS
On Vacation guarantees the implementation of the Code of Conduct issued by the Ministry of Tourism with the purpose of protecting children and adolescents within its facilities, as well as its implementation within the complementary services it offers, for which it is committed to:
- Define this policy and other corporate policies it deems appropriate or that by express mandate of the competent authority must be issued, in order to prevent and denounce the sexual exploitation of children and adolescents in its tourist lodging establishments;
- Register the entry of all children and adolescents to the rooms of the lodging establishment or its complementary facilities, for which purpose it must request their identity document and ensure that the children and adolescents are accompanied by one or both parents, guardian, legal representative, or person responsible for a study, sports or other group previously identified with their identity card or passport or document that proves the legal or group relationship that exists between them;
- Inform the staff of the tourist lodging establishment that the sexual exploitation of children and adolescents is a crime that can be punished with the deprivation of liberty of all persons involved in the chain of responsibility in accordance with the COIP;
- Train all staff on sexual exploitation of children and adolescents in the context of travel and tourism on laws, regulations, manuals and internal provisions and other information considered relevant to the prevention of sexual exploitation of children and adolescents, as well as the rights of children and adolescents, so that they can have information to help them identify and report possible risk situations;
- Implement the Action Protocol established in Ministerial Agreement 2022-014 issued by the Ministry of Tourism, which is part of the Code of Conduct, which should be considered for internal communication channels, as well as for reporting complaints to the competent authorities;
- Disseminate the available complaint mechanisms among the staff and other collaborators;
- Report to the competent authority the suspicion or fact related to the sexual exploitation of children and adolescents within the tourist lodging establishment;
- Provide information to travelers on corporate policy for the protection of children and adolescents and prevention of sexual exploitation of children and adolescents in the context of tourism;
- Place, through various printed or electronic media and in visible places in the establishment, informative material on the prevention of sexual exploitation of children and adolescents, as well as the measures that the establishment assumes in order to protect children and adolescents;
- Intervene in accordance with the provisions of the regulations in force in the act to protect a child or adolescent in flagrant cases of mistreatment, sexual abuse, trafficking and sexual exploitation and other violations of their rights; and request the immediate intervention of the competent authority; and,
- To carry out such other procedures as it deems necessary for the correct application of the Code of Conduct.
- MODIFICATIONS TO THE CORPORATE POLICY TO PREVENT AND DENOUNCE THE SEXUAL EXPLOITATION OF CHILDREN AND ADOLESCENTS WITHIN ON VACATION'S FACILITIES.
On Vacation may modify, update, or add changes to this corporate policy to prevent and report the sexual exploitation of children and adolescents within its facilities at any time, or when new provisions are issued by the competent authority, in order for it to be in accordance with any regulatory changes that appear in the prevention and reporting of sexual exploitation of children and adolescents in the context of travel and tourism for providers of tourist accommodation services.
This policy was last updated on July 16, 2024.PROTOCOL FOR ACTION IN CASE OF SUSPICION OR CONFIRMATION OF CASES OF SEXUAL EXPLOITATION OF CHILDREN AND ADOLESCENTS IN ON VACATION FACILITIES.- OBJECTIVE
This document seeks to guide On Vacation employees on the appearance and behavior indicators that can help identify situations of risk of sexual exploitation of children and adolescents in their facilities. In addition, it provides general guidelines for the implementation and activation of an action protocol for possible situations of risk, including internal communication channels, from identification to notification to the competent authorities to make the corresponding report.Within the actions for the prevention of sexual exploitation of children and adolescents we find the implementation of internal policies and that the staff working in the different On Vaction establishments know the indicators to detect risk situations.
- IMPLEMENTATION OF POLICIES FOR THE PREVENTION OF SEXUAL EXPLOITATION OF CHILDREN AND ADOLESCENTS
On Vacation establishments must be committed to protecting the rights of children and adolescents by implementing internal policies that promote the prevention of sexual exploitation of children and adolescents. To this end, it is essential to have an Internal Action Protocol that informs all employees on how to proceed in the event of a possible risk situation and how to channel the complaint to the corresponding authorities.Internal measures should include continuous training and sensitization of personnel at all levels on the actions necessary to prevent the sexual exploitation of children and adolescents. It is essential to keep staff permanently informed about the crime, the legislation and the administrative and legal consequences of not complying with the rules. In addition, On Vacation must communicate to tourists and visitors its "Zero Tolerance" policies towards the sexual exploitation of children and adolescents.
- INDICATORS FOR THE DETECTION OF RISK SITUATIONS
All On Vacation employees must be trained to identify situations of risk of sexual exploitation of children and adolescents. This includes recognizing behaviors related to these crimes and familiarizing themselves with the appearance and behavioral indicators of possible sexual offenders that may generate suspicion.The following is a list of appearance and behavioral indicators that can help detect situations of risk for child sexual exploitation, along with minimum guidelines for action for each. When observing any of these indicators, personnel should act with due caution and diligence so as not to violate the fundamental rights of the persons involved.
| ASPECT INDICATORS | ACTION |
| The child or adolescent presents signs of physical violence (blows, bruises, scratches, cigarette burns, among others). | In a casual or discreet manner, seek to obtain information about the origin of the lesions by asking questions such as:- To the child or adolescent: does it hurt, how did you hurt yourself, did you fall?- To the adult: do you want us to get something for the blow, do you need any medical service for the child/child/adolescent's injury?Observe reaction |
| The child or adolescent shows signs of dehydration, malnutrition, poor personal hygiene. | Keep under observation and be alert to the presence of other indicators. |
| The child or adolescent presents clothing or make-up that is not appropriate for his or her age or the season. | Keep under observation and be alert to the presence of other indicators. |
| The quality of the child's clothing does not match that of the accompanying adult. | Keep under observation and be alert to the presence of other indicators. |
| The child or adolescent appears to be under the influence of drugs or alcohol. | In a casual or discreet manner, seek to obtain information about the situation by asking questions such as:- To the child or adolescent: are you feeling well, are you sick, have you eaten, do you want water?- To the adult: Are you all right, are you sick, do you need any medical service (always pointing to the minor)?- If the person is obviously drugged or alcoholic, call the nearest emergency service.Activate protocol |
| The physical and/or ethnic characteristics, language or accent of the child or adolescent and the accompanying adult are visibly different. | In a cautious way, try to obtain information about the link between the minor and his/her companion, asking questions such as:- To the child or adolescent: what is your name, how old are you, where are you visiting us from, do you come with your parents, and with anyone else?- To the adult: who is accompanying us, where are you visiting us from, where are you visiting us from?If necessary, activate protocol |
| PERFORMANCE INDICATORS | ACTION |
| The child or adolescent uses language or refers to situations that are not appropriate for his or her age. | Keep under observation and be alert to the presence of other indicators. |
| The child or adolescent has amounts of money that are difficult to access according to his or her age. | Keep under observation and be alert to the presence of other indicators. |
| The child or adolescent is alone in a place and at a time not suitable for his or her age. | In a cautious manner, try to establish communication with the minor, asking questions such as: what are you doing here, can I help you, are you looking/waiting for someone, are you lost, who are you with, where are your parents, where are your parents?If possible, wait with him/her until a responsible adult appears.If necessary, activate protocol |
| The child or adolescent does not show family/close ties with the accompanying adult. | In a cautious way, try to obtain information about the link between the minor and his companion, asking questions such as:- To the child or adolescent: what is your name, how old are you, where are you visiting us from, do you come with your parents, and with anyone else?- To the adult: who is accompanying us, where are you visiting us from, where are you visiting us from?If necessary, activate protocol |
| The child or adolescent clearly appears nervous, fearful, desperate, anxious, insecure, angry, overly introverted or extroverted, shy, isolated or any other behavior not in keeping with his or her age that raises suspicion. | In a casual or discreet way, try to obtain information about the child's behavior/status by asking questions such as: are you feeling well, did you like what you saw, are you bored, are you in pain, are you in pain, etc.?Observe the adult's reaction to the child's questions and answers. |
- DESIGN OF AN INTERNAL ACTION PROTOCOL
In case of suspicion of Sexual Exploitation of Children and Adolescents in On Vacation facilities, you must be prepared to activate the Protocol, which establishes the internal communication process and the roles of those responsible until the report is made to the competent authorities, if necessary.
Among those responsible for the process are:Who Watches: The person who detects any inappropriate behavior within the establishment that generates suspicion of a risk situation for children or adolescents must activate the action protocol and execute the corresponding actions.
Who InformsIf the suspicion persists, the person who activated the protocol must inform the persons assigned to continue with the provisions of the instrument.
Who Reports: Once the responsible person corroborates the information that determines a risky situation, he/she will report the situation to the corresponding authorities through 911 or 1800-DELITO (335486).
General GuidelinesRequest identification documents: Indicate that this is an internal rule of the establishment. If the minor does not have an identity document, he/she must present another official document. When an adult travels with a minor, they must always present identity documents (ID card and/or passport) without prejudice to the official document that determines the relationship with the minor.Likewise, they must register their complete data and, if possible, photocopy or scan documents such as passports, citizenship cards, among others.
Identify the means of transportation: Record the characteristics and license plate number of the means of transport used and determine if another person is transporting them (possible intermediary) and take the vehicle's license plate data.
Request additional information: Obtain more information from the user and his or her relationship with the child and record the data without placing them under suspicion, considering behavioral indicators and asking the corresponding questions to both the adult and the child.
Communicate internally: If the suspicion continues, no service will be provided by the facility and an attempt will be made to maintain the presence of the potential service user while the suspicion is reported.
Contact the competent authorities: The person in charge of the establishment in charge of reporting to the authorities will do it through the SIS ECU 911 or the line 1800-DELITO (335486) to activate the corresponding inter-institutional protocols. In case the suspicious person leaves the establishment, the authorities must also be notified and provide all data collected.
Other Recommendations: Continuously train and socialize all personnel on the establishment's policies for the prevention of Sexual Exploitation of Children and Adolescents, as well as the internal protocol for action and the consequences of non-compliance.Likewise, it is recommended to establish basic standards of behavior for clients and guests that guarantee the protection of the rights of children and adolescents, including this information in service contracts and rooms to reinforce the messages.
CORPORATE POLICY TO PREVENT AND REPORT SEXUAL EXPLOITATION OF CHILDREN AND ADOLESCENTS WITHIN ON VACATION'S FACILITIESIn accordance with the Ministerial Agreement 2022-014 issued by the Ministry of Tourism, by means of which it is dictated. In accordance with the provisions of the Code of Conduct for the Prevention of Sexual Exploitation of Children and Adolescents in the Context of Travel and Tourism for providers of tourist accommodation services, ON VACATION warns tourists that the exploitation and sexual abuse of minors in Ecuador are considered crimes and therefore criminally punishable, according to current laws. By virtue of this, ON VACATION has adopted a model that promotes prevention policies and avoids the use and sexual exploitation of children and adolescents in the tourist activity.On Vacation is pleased to inform that, according to the Childhood and Adolescence Code, a child is a person who has not reached twelve years of age and an adolescent is a person between twelve and eighteen years of age, regardless of gender.These dates will be taken into account at the time of check in of our travelers to the hotels.Any doubt can be consulted at XXXX completely free of charge.For purposes of check-in at the hotel, underage guests must present their identification document and must be accompanied by one or both parents, guardian, legal representative, or responsible for study, sports or other group previously identified with their identity card / passport or documentation proving the legal or group relationship that exists between them, in accordance with the Ministerial Agreement 2022-014 issued by the Ministry of Tourism, non-compliance may be punished according to current laws.For more information about our policy to prevent and denounce sexual exploitation of children and adolescents within On Vacation facilities, please visit the following link: XXXXXXXXXXXXXX
