ra 9208 “anti-trafficking in persons act of 2003”

RA 9208RA 9208

““ANTI-TRAFFICKING IN ANTI-TRAFFICKING IN PERSONS ACT OF 2003”PERSONS ACT OF 2003”

WHAT IS TRAFFICKINGWHAT IS TRAFFICKING

► The most used international law definition is the one The most used international law definition is the one contained in Article 3 of the UN Protocol – to contained in Article 3 of the UN Protocol – to PREVENT, SUPPRESS and PUNISH TRAFFICKING in PREVENT, SUPPRESS and PUNISH TRAFFICKING in Persons Especially Women and Children, Persons Especially Women and Children, supplementing the UN Conventions against supplementing the UN Conventions against Transnational Organized Crime 2000 and Art 4 of the Transnational Organized Crime 2000 and Art 4 of the Council of Europe Convention on action against Council of Europe Convention on action against Trafficking in Human Beings 2005:Trafficking in Human Beings 2005:

► “ “Trafficking in persons” shall meanTrafficking in persons” shall mean

a- recruitmenta- recruitment d- harbouring ord- harbouring orb- transportationb- transportation receipt of persons receipt of personsc- transfer c- transfer

OthersOthers

► e- threat or use of force or other forms of e- threat or use of force or other forms of coercioncoercion

► f- of abductionf- of abduction► g- of fraud, of deceptiong- of fraud, of deception► h- of abuse of power or of a position of h- of abuse of power or of a position of

vulnerability or of giving or receiving of vulnerability or of giving or receiving of payments or benefits to achieve the consent payments or benefits to achieve the consent of a person having a control over another of a person having a control over another person, for the purpose of exploitationperson, for the purpose of exploitation

►Exploitation shall include, at a Exploitation shall include, at a minimum, the exploitation of the minimum, the exploitation of the prostitution or other forms of sexual prostitution or other forms of sexual exploitation, forced labor or services, exploitation, forced labor or services, slavery or practices similar to slavery, slavery or practices similar to slavery, servitude or the removal of organs;servitude or the removal of organs;

►Consent of victim is Consent of victim is irrelevant irrelevant

►Humans can be trafficked Humans can be trafficked withinwithin their their national borders or national borders or acrossacross the borders the borders

►Humans are frequently exploited in Humans are frequently exploited in the sex industry, can be exploited by the sex industry, can be exploited by being used for running drugs, being used for running drugs, weapons, begging, petty theft, organ weapons, begging, petty theft, organ theft, for illegal adoptiontheft, for illegal adoption

ProblemsProblems

►The task is not easy. Countries have The task is not easy. Countries have different legal systems, different policing different legal systems, different policing methods, different levels of resources methods, different levels of resources available and different languagesavailable and different languages

►Much of the “demand” is for sexual Much of the “demand” is for sexual servicesservices

►Victims do not always know that they will Victims do not always know that they will be exploited to provide sexual servicesbe exploited to provide sexual services

INDICATORSINDICATORS

►FALSIFICATION OF NAMES & AGESFALSIFICATION OF NAMES & AGES►TAMPERED BIRTH CERTIFICATESTAMPERED BIRTH CERTIFICATES►TAMPERED PASSPORTSTAMPERED PASSPORTS►EXPIRED OR FALSE LICENSESEXPIRED OR FALSE LICENSES►FRAUDULENT or PROVISIONARY FRAUDULENT or PROVISIONARY

CONTRACTSCONTRACTS►FALSE PROMISES OF WORKFALSE PROMISES OF WORK►USUALLY HERDED IN GROUPSUSUALLY HERDED IN GROUPS

Common Modus Operandi Used Common Modus Operandi Used for International Traffickingfor International Trafficking

► Fraudulent Documentation (falsifying, stealing Fraudulent Documentation (falsifying, stealing & other methods of producing fake passports)& other methods of producing fake passports)

► Tourist Arrangement (recruits entering other Tourist Arrangement (recruits entering other countries as tourists to work illegally)countries as tourists to work illegally)

► Overseas Performing Artists (OPAS)-many Overseas Performing Artists (OPAS)-many women recruited under the guise of women recruited under the guise of “overseas performing artists” but usually end “overseas performing artists” but usually end up in the sex tradeup in the sex trade

► Escort Services – Escorting tourists or workers Escort Services – Escorting tourists or workers to pass through airport and seaport to pass through airport and seaport immigration controlsimmigration controls

RemediesRemedies

►EducationEducation►CounselingCounseling► Information CampaignInformation Campaign►Legal SystemLegal System►Legal SupportLegal Support►Support from the governmentSupport from the government

Use of Trafficked PersonsUse of Trafficked Persons

► Any person who buys or engaged the Any person who buys or engaged the services of trafficked persons for prostitution services of trafficked persons for prostitution shall be penalized as follows:shall be penalized as follows:

► A) First offense –six (A) First offense –six (66) months of ) months of community services as may be determined community services as may be determined by the court and a fine of fifty thousand by the court and a fine of fifty thousand pesos (P50,000.00); andpesos (P50,000.00); and

► B) Second and subsequent offenses – B) Second and subsequent offenses – imprisonment of one (imprisonment of one (11) year and a fine of ) year and a fine of one hundred thousand pesos (P100,000.00).one hundred thousand pesos (P100,000.00).

Prescriptive PeriodPrescriptive Period

►Trafficking Cases shall prescribed in Trafficking Cases shall prescribed in ten (10) years: Provided, however, ten (10) years: Provided, however, that trafficking cases committed by a that trafficking cases committed by a syndicate or in a large scale as defined syndicate or in a large scale as defined under Section 6 shall prescribed in under Section 6 shall prescribed in twenty (20) years.- Section 6. is twenty (20) years.- Section 6. is about Qualified Trafficking in Persons.about Qualified Trafficking in Persons.

How to Help VictimsHow to Help Victims

►AVOID TREATING VICTIMS AS AVOID TREATING VICTIMS AS OFFENDERS;OFFENDERS;

►BE SENSITIVE & FRIENDLY;BE SENSITIVE & FRIENDLY;►APPLICATION TO WITNESS APPLICATION TO WITNESS

PROTECTION PROGRAM;PROTECTION PROGRAM;►SAFEHOUSING SERVICES;SAFEHOUSING SERVICES;►VICTIMS COMPENSATIONVICTIMS COMPENSATION

PREVENTIONPREVENTION

► CONDUCT EFFECTIVE PRE-DEPARTURE CONDUCT EFFECTIVE PRE-DEPARTURE TRAININGSTRAININGS

► CREATE TRANSPARENT OVERSEAS CREATE TRANSPARENT OVERSEAS EMPLOYMENT POLICYEMPLOYMENT POLICY

► PROVIDE OVERSIGHT & TRAINING IN PROVIDE OVERSIGHT & TRAINING IN TRAFFICKING HOTSPOTSTRAFFICKING HOTSPOTS

► ADDRESS CULTURAL ACCEPTANCE OF ADDRESS CULTURAL ACCEPTANCE OF LOWER STATUS OF WOMENLOWER STATUS OF WOMEN

► REDUCE DEMAND FROM ILLICIT SEX & REDUCE DEMAND FROM ILLICIT SEX & PORNOGRAPHIC MATERIALSPORNOGRAPHIC MATERIALS

RIGHT BASE APPROACHEDRIGHT BASE APPROACHED

►SELF DETERMINATIONSELF DETERMINATION►BEST INTEREST OF THE VICTIMBEST INTEREST OF THE VICTIM►NON-DISCRIMINATIONNON-DISCRIMINATION►CONFIDENTIALITYCONFIDENTIALITY►PROTECTION SERVICESPROTECTION SERVICES►LEGAL SERVICESLEGAL SERVICES

HOTLINESHOTLINES

► PORTS OF MANILA - (02) 242-0792PORTS OF MANILA - (02) 242-0792► SOUTHERN LEYTE - (0920) 561-1914SOUTHERN LEYTE - (0920) 561-1914► BATANGAS - (043) 722-2408BATANGAS - (043) 722-2408► BACOLODBACOLOD - (034) 709-3242 - (034) 709-3242►MATNOGMATNOG - (0917) 825-4042 - (0917) 825-4042► CEBU - (032) 238-2471CEBU - (032) 238-2471►NORTHERN SAMAR - (0919) 800-9529NORTHERN SAMAR - (0919) 800-9529► ILO-ILO - (033) 320-6200ILO-ILO - (033) 320-6200►DAVAO - (082) 233-2500DAVAO - (082) 233-2500

INTER-AGENCY COUNCIL INTER-AGENCY COUNCIL AGAINST TRAFFICKINGAGAINST TRAFFICKING

► Secretary, Department of Foreign Affairs;Secretary, Department of Foreign Affairs;► Secretary, Department of Labor and Secretary, Department of Labor and

Employment;Employment;► Administrator, POEAAdministrator, POEA► Commissioner, Bureau of Immigration;Commissioner, Bureau of Immigration;► Chief, PNPChief, PNP► Chairperson, National Commission on the Role Chairperson, National Commission on the Role

of Filipino Women (NCRFW);of Filipino Women (NCRFW);► Three representatives from NGO’s with proven Three representatives from NGO’s with proven

record of involvement in the prevention & record of involvement in the prevention & suppression of trafficking in persons.suppression of trafficking in persons.