Hawaii: Legislation to End Sex Tourism and Hold Sex Tour
Operators Accountable
Every May and November,
Melvin Hamaguchi of Video Travel in Honolulu, Hawaii, leads sex tourists
on his Ultimate Asian Sex Tour to Thailand, which he describes as "The
Sex Capital Of The World!!" Mr. Hamaguchi provides customers with single
occupancy rooms to "enjoy the sexual pleasures with the girl or girls of
your choice...." He also promotes prostitution by advising tour members
of the "places with the prettiest girls, lowest prices, and safest
environments...." Mr. Hamaguchi further guarantees his customers
"thousands of young beautiful half-naked [girls] both topless and
bottomless dancing for your enjoyment hoping you will select them to
spend the night with you...." For upwards of $2,395 per trip, Mr.
Hamaguchi promises to "personally be your guide throughout your stay in
Thailand" and provides his customers direct access to women in
prostitution.
The acts of prostitution that take place on Mr. Hamaguchi's tours are
explicitly highlighted in Video Travel's promotional materials. His
website included information on the cost of prostitution and explained
the "barfine" method of paying prostitutes, which requires payment to
remove the woman from the bar where she works plus an additional "tip"
to the woman for the sex purchased. The "tip" is given directly to the
woman from whom the sex is purchased and is described as "expected" and
"required". The website also included descriptions of the sexual
services available on an Ultimate Asian Sex Tour as well as explicit
photos of Asian women engaging in sex with men. Mr. Hai-naguchi's
activities constitute promotion of prostitution in violation of Hawaii
Penal Law Division 5, Title 37, §§712-1201 through 1204, which provide
that a person is guilty of promoting prostitution when he "knowingly
advances or profits from prostitution" including engaging in conduct
"designed to institute, aid, or facilitate an act or enterprise of
prostitution." Mr. Hamaguchi shut down the Video Travel website in
November 2003 following media coverage generated by Equality Now and a
protest outside Video Travel led by the Hawaiian local group Girl
Fest/Safe Zone Foundation. Mr. Hamacuclii's assertions to the press,
however, that he no longer operates sex tours contradict his own
statement to an Equality Now staff member posing as a potential sex
tourist that he is in fact planning another sex tour for May 2004.
Mr. Hamaguchi operates his sex tours pursuant to a travel agent's license
issued by the State of Hawaii Department of Commerce and Consumer
Affairs. In August 2002, Equality Now provided evidence from its
undercover investigation of Mr. Hamaguchi's promotion of prostitution to
the Department of Commerce and Consumer Affairs and requested that it
exercise its discretionary authority to revoke Mr. Hamaguchi's license
pursuant to Hawaiian law. Section 436B-19(12) of the Hawaii Revised
Statutes provides for revocation of such a license upon the "failure to
comply, observe, or adhere to any law in a manner such that the
licensing authority deems the applicant or holder to be an unfit or
improper person to hold a license." Section 436B- 1 9(9) provides as
further grounds for revocation, "Conduct or practice contrary to
recognized standards of ethics for the licensed profession or vocation."
Organizing sex tours is contrary to the codes of ethics of numerous
professional tourism organizations including the World Tourism
Organization. The Department of Commerce and Consumer Affairs has not,
however, revoked Mr. Hamaguchi's travel agent's license.
In November 2003 Equality Now called on Hawaii Attorney General Mark
Bennett to prosecute Mr. Hamaguchi for promotion of prostitution.
Despite the evidence provided to him by Equality Now, to date Attorney
General Bennett has not commenced any legal action against Mr.
Hamaguchi. Equality Now continues to press for prosecution.
The Hawaii State Legislature is now considering legislation, House Bill
2020, which has already passed in the Hawaii House of Representatives
and in its current form would specifically make the promotion of travel
for the purpose of prostitution a felony crime and grounds for denial or
revocation of a travel agent's license. Any drafting changes made by the
Senate will have to be sent back to the House for approval. The bill
states that prostitution and the related $1 billion sex tourism industry
are "inherently harmful and dehumanizing, contributing to the
trafficking in persons as does sex tourism." The bill further recognizes
that "discouraging sex tourism ... is key to reducing the demand for sex
trafficking" and states that among its purposes is "to promote and
protect the human rights of women and girls exploited by sex tourists
... In so doing, the legislation forcefully declares Hawaii's
unequivocal opposition to any form of sex tourism," protecting women as
well as girls from the harm of prostitution. Equality Now has submitted
testimony in support of the bill.
While Equality Now believes that legal provisions already exist in Hawaii
to enable prosecution of sex tour operators like Mr. Hamaguchi, this
legislation will make it easier to commence both civil and criminal
actions to shut down sex tour operator activity in Hawaii and could
serve as a model for future state and federal sex tourism legislation.
Recommended Actions
Please write to the Majority and Minority leaders of the Hawaii State
Senate and House of Representatives asking them to support the proposed
legislation prohibiting sex tourism (HB 2020 in its current form). Note
that the passage of this legislation will simplify the prosecution of
sex tour operators like Melvin Hamaguchi and could serve as a model for
other states. Welcome the State of Hawaii's efforts to eradicate sex
tourism, and remind the legislators that sex tourism contributes to the
trafficking of women and girls. Letters should be addressed to:
| Senate Majority Leader Colleen 21 st Senatorial District Hawaii State Capitol, Room 214 415 South Beretania Street Honolulu, HI 96813 Phone: +1-808-586-7793- Fax. +1-808-586-7797 Email: senhanabusa@Capitol.hawaii.gov |
Hanabusa Senate Minority Leader Fred Hemmings 25th Senatorial District Hawaii State Capitol, Room 221 415 South Beretania Street Honolulu, HI 96813 Phone: +1-808-587-8388; Fax: +1-808-587-7240 Email: senhemmings@Capitol.hawaii.gov |
| House Majority Leader Scott K. Saiki 22nd Representative District Hawaii State Capitol, Room 438 415 South Beretania Street Honolulu, HI 96813 Phone: +1-808-586-8485; Fax: +1-808-586-8489 Email: repsaiki@Capitol.hawaii.gov |
House Minority Leader Galen
Fox 23rd Representative District Hawaii State Capitol, Room 318 415 South Beretania Street Honolulu, HI 96813 Phone: +1-808-586-8520; Fax: 1+808-586-8524 Email: repfox@Capitol.hawaii.gov |
Please keep Equality Now
updated on your efforts and send copies of any replies you receive to:
Equality Now, P.O. Box 20646,
Columbus Circle Station, New York, NY 10023 USA or
Equality Now Africa Regional Office, P.O. Box 2018 KNH, Nairobi, KENYA
