Code of Conduct (Colombia)

Prevention of sexual exploitation of children and adolescents by Air Transat A.T. Inc. Colombia Branch
 

Regulatory framework on the subject

The Colombian Constitution

The 1991 Colombian Constitution of 1991, especially in its dogmatic part, is particularly concerned with children’s rights. Article 44, for example, establishes that the rights of children prevail over the rights of others and states, without implying any exhaustive list, that children have the fundamental right to life, to physical integrity, to health, to social security, to balanced nutrition and, particularly, the right to be protected against all forms of abandonment, physical or moral violence.

Convention on the Rights of the Child (CRC)

This international instrument dates from 1990, and as UNICEF recognizes, it is the treaty that includes the most relevant rights of children, and is the first legal instrument of a mandatory nature in terms of the protection of minors. It should be noted that Colombia ratified this treaty through Law 12/1991, which provides that it is the right of children to be protected against exploitation, sexual abuse, prostitution and other similar practices.

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

Another fully binding instrument on the subject is the optional protocol of the Convention, which focuses on defining the prerogatives and obligations of the State regarding the sale of children, child prostitution and child pornography. This instrument, it is worth noting, was ratified in Colombia by Law 765 /2002 as a mechanism to expand the measures that States Parties must adopt in order to guarantee the comprehensive protection of minors and to punish all practices related to the sale, prostitution and child pornography as criminal offences to be processed in accordance with internal procedures.

Law 679/2001 is a statute law to prevent and counteract exploitation, pornography and sexual tourism with minors. Colombia’s Congress passed Law 679/ 2001 to provide some relevant legal measures to protect minors against exploitation, pornography, sexual tourism and other forms of sexual abuse with minors: it introduces measures for prevention and punishment and includes other provisions in development of Article 44 of the Constitution.

Thus, this regulation obliges on providers of legal services: i) to report criminal acts against minors to the authorities; ii) to refrain from disseminating illegal material involving minors; iii) to use their technical capacities to combat the dissemination of illegal material involving minors, amongst other actions related to these highly relevant issues.

Law 1336/2009, supplementing and strengthening Law 679/2001, on the fight against exploitation, pornography and sexual tourism with children and adolescents.

Colombia’s Congress passed Law 1336/2009 to complement Law 679/2001. In particular, it states (Article 2) that airlines will be obliged to adopt effective Codes of Conduct that promote policies of prevention and avoid the sexual use and exploitation of children and adolescents in their activities. It obliged the Civil Aviation Authority to adopt administrative measures designed to monitor the adoption, updating and regular observance of the codes and to punish breaches.

Resolution 4311/2010 of the Civil Aviation Authority (UAEAC- AEROCIVIL)

In compliance with the obligation imposed by the Congress, AEROCIVIL issued administrative regulations for observance of the requirements of Law 1336/2009. This Resolution, therefore provided that, in order to prevent the sexual exploitation of children and adolescents, all commercial air transport companies should l adopt a self-regulatory protocol or Code of Conduct, to be followed by their legal representatives, directors, administrators, employees and contractors.

This Resolution also provided a series of minimum provisions that codes such as this document should contain, and set out the mechanisms for their presentation, updating and approval, measures of control and the promotion of strategies designed to prevent the sexual exploitation of children and adolescents in activities related to air transport.

Principles of this Code

In accordance with Article 44 of the Colombian Constitution, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of the Convention on the Rights of the Child (CRC), Law 679/2001, Law 1336/2009 and AEROCIVIL Resolution 4311/ 2010, Air Transat A.T. Inc. Colombia Branch ( “Air Transat”) shares recognition of the global concern, especially in the tourism sector, to generate effective measures that secure the protection of children against sexual exploitation and other related practices.

In this regard and in accordance with the regulations outlined above, Air Transat declares expresses its commitment to all regulatory measures aimed at protecting children and adolescents against practices related to sexual exploitation and reaffirms its intention to promote and ensure that in aspects related to its operations, these types of practice are prevented, prohibited and punished with the utmost rigor.

Institutional measures to secure compliance with the rules on prevention of sexual exploitation of children and adolescents

In application of the minimum measures of self-control laid down in Article 1 of the AEROCIVIL Resolution 4311/2010, Air Transat contemplates the following institutional measures to ensure compliance with the rules on prevention of sexual exploitation of children and adolescents:

1. 1. Air Transat declares and guarantees to the Colombian authorities that, in all aspects and stages of its operations in Colombian territory, it will refrain from carrying out any of the following forms of conducts:
   1. Offers to passengers and the general public, in any form, tourism plans or transportation services that in any way include sexual exploitation of children and adolescents.
   2. Provision of information to passengers and the general public, directly or through an intermediary, about places from where sexual exploitation of children and adolescents is coordinated or practiced.
   3. The transport of children or adolescents to establishments or sites, even if they are ships at anchor or on the high seas, for the purposes of sexual exploitation, directly or through third parties.
   4. Facilitation of e aircraft on routes for the purpose of exploitation or sexual abuse of children and adolescents. To this end, it will rigorously verify, within reasonable and proportional limits, all anomalous conduct in which a child may be involved on board its aircraft and which may be classified as sexual exploitation or abuse.


2. 2. Air Transat declares and guarantees to the Colombian authorities that it will, in all aspects and in all stages of its operations in Colombian territory, proceed to take the following actions:
   1. It will adopt of the appropriate measures to ensure that the enforceability of the provisions contained in this Code of Conduct is clearly indicated in contracts with its suppliers. Thus, it will provide the means so that, within the framework of its contractual agreements, there are effective channels of communication for, and the enforceability of, the provisions of this Code and of all measures designed to protect children against acts of sexual exploitation or similar practices is guaranteed.
   2. It will report to the competent authorities any facts of which it becomes aware in the course of its air transport service, and the existence of sites related to the sexual exploitation of children and adolescents. To this end, it will have its internal communication channels, giving priority in them to complaints and anomalies that arise in relation to children and that may lead to or be classified as acts of sexual exploitation or similar conduct.
   3. It will ensure that, in the course of its internal operations, it complies with all the procedures established for reporting to the competent authorities all facts related to the alleged sexual exploitation of children and adolescents. To this end, it will provide appropriate training and education to its officers and staff, so that they will be aware of the mechanisms and channels for reporting acts of sexual exploitation or similar conduct to the competent entities.
   4. It will design and disseminate, within the company and its suppliers of goods or services related to the provision of air transport services, measures to prevent all forms of sexual exploitation of children and adolescents. To do so, it will inform and make known, in a timely and effective manner, the content of this Code to its employees, staff and suppliers of goods and services related to the air transport activity; and will have the necessary physical and human means and resources, within the reasonable and proportional limits, to prevent acts related to sexual exploitation within the framework of its operation.
   5. It will inform all its associated personnel the existence of the provisions of law in relation to the prevention of commercial sexual exploitation of children and adolescents and other measures adopted by the Company in this regard, and make them known to them. To do so, it will apply effective training mechanisms such as those established in Section 2(c) of this Code.
   6. It will inform all its associated personnel the existence of provisions of law regarding the prevention of commercial sexual exploitation of children and adolescents and other measures that the company adopts in this regard, and make them known to them. To do so, it will apply effective training mechanisms such as those established in Section 2( c) of this Code.
   7. It will inform all its users, passengers or clients of the legal consequences in Colombia of the sexual exploitation and abuse of children and adolescents. Thus, it will publicize warnings, safeguards and informational material related to the sanctions applicable to acts of sexual exploitation and abuse of children and adolescents in its virtual and in-person information media and through its personnel, offices, magazines, information documents and other related mechanisms.
   8. It will inform its employees of the Code of Conduct for the prevention of sexual exploitation of children and adolescents through the means or dissemination mechanisms available to the company. To do so, it will apply effective training mechanisms such as those established in Section 2(c) of this Code.

Validity and application

This Code will come into effect on the date of its approval and is updated in accordance with the rules applicable to the matter. It The same will apply to the acts and operations performed by the airline in Colombian territory.