When Codes of Conduct Clash with Legal Fears
I had an interesting conversation about marketing new professional codes of conduct or professional principles Wednesday with Carol Smolenski, executive director of ECPAT-USA, a New York-based nonprofit that protects children from sex tourism. It was one more time in which I felt that America’s propensity to sue everyone in sight – or live in fear of that—was holding back good-minded organizations from doing the right and obvious thing.
In this case, I’m talking about ECPAT’s Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism. This is a concisely written code with six anti-“sexploitation” criteria and more than 1,000 signatories from 30 countries to date.
How many of those 1,000 signatory organizations—ranging from hotel chains to hospitality and travel associations--are U.S.-based? Four.
Why so shockingly low? Lawyers, grimaces Carol. Apparently, although this view “is not generally shared” outside of the States, many lawyers here believe that displaying support for the code would put a company/association at greater risk should a sexually exploited child decide to hire a lawyer and target, not so much the individual committing the heinous crime, but the facility in which it occurred because “it is likely more profitable.”
Fortunately, not everyone in America agrees. The American Society of Travel Agents is to be commended for adding its considerable clout to the effort to stem sex trade of minors, as is longtime hospitality industry leader Marilyn Carlson Nelson, who immediately signed up her powerful Carlson Companies in 2004 despite internal advice to the contrary. Today, she remains an ardent champion for the code and cause.
Carol, too, remains committed, although she now focuses on marketing the code primarily beyond American borders, where interest and support are much higher. In Mexico and Belize, for instance, the code has firm backing from a variety of travel associations, which also help get EPCAT supporters and staff into the door of local hotels. There, Carol finds that facility managers are often eager to sign the code, despite hesitations from corporate headquarters.
To help bolster these potential grassroots supporters, her organization is trying something new: on-the-street surveys asking whether people would prefer to stay in a place supportive of responsible tourism-related policies. Although early yet, to date around 60% of several hundred surveyed in New York City say yes.
But it’s a bit of a shame both that this is the question EPCAT has chosen to ask first, and that its initial query is to the general public. To me, it’s asking the wrong people. I’d rather target travel and hospitality professionals, owners, managers, promoters and maybe even their lawyers with the question, “How would you feel about staying in a place that does not support responsible tourism practices and policies?”
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Comments
As a risk management consultant, I view the Code of Conduct differently than the attorneys. I think accepting the Code can offer the companies some protection provided they comply with its terms.
Who isn't against sexual exploitation of children? The Code offers the company a road map for addressing this issue - establish an ethical policy, train your personnel, include a contract provision repudiating commercial sexual exploitation of children, provide information to travelers to protect their children, provide information to local "key persons" at destinations (is that local law enforcement?) and report annually to ECPAT.
I do not see the risks or concerns especially if EPCAT provides guidelines, training materials etc. to help companies comply with the Code. My concern would be the reverse - what happens if the hotel chain did not participate, did not train their personnel and a child is harmed? I would not want to defend that case because the plaintiff's attorney, if smart, will question why the company did not subscribe to the Code. If company adopted the Code and complied with the requirements those actions may actually help the company in its defense - we took protective measures. They may not win but they may lose as badly either.
As a risk manager, I would encourage the companies to sign the Code if they can and will comply with its provisions. I think the danger is greater if they do not sign the agreement.
Posted by: Leslie White | July 2, 2009 3:03 PM