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A report on Legal Counseling about Children and Women Trafficking

TRANSCRIPT

Page 1: Legal Counseling
Page 2: Legal Counseling

Uy, nadya. Msta na u?

Eow poh. Busy sa fb.Hanap me work e

Ganun. Me offer ako.

Marunong k b magluto?

Opo. Medjo. Jeje ^_^

Page 3: Legal Counseling

Nghahnp kc ako waitress

Pwdi pu b ako dyan?

Oo nman!

Cge po.

Kita tau bkas.

Kamusta nalang sa mama at papa mo

Page 4: Legal Counseling

Characters

Page 5: Legal Counseling

Mrs. Angustina• Mother of Nadya• Filed a report to the police

Page 6: Legal Counseling

Nadya• Victim• Travelling with her cousin, Myra• Was found to be working at a club in Olongapo• Fresh college graduate

Page 7: Legal Counseling

Serapio• Family friend• Possible recruiter/middleman

Page 8: Legal Counseling

Myra• Cousin of Nadya• Rebel growing up

Page 9: Legal Counseling

Club Owner• Employer of Nadya

Page 10: Legal Counseling

Position of Vulnerability• Article 3 of the Protocol to Prevent, Suppress

and Punish Trafficking in Persons, Especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime

• “vulnerability” is used to refer to those inherent, environmental or contextual factors

• Increase the susceptibility of an individual or group to being trafficked

Page 11: Legal Counseling

Examples of Vulnerable Persons or

Groups• Having entered the country illegally or without documentation

• Pregnancy or any physical or mental disease or disability of the person, including addiction or the use of any substance; or

• Reduced capacity to form judgments by virtue of being a child, illness, infirmity or a physical or mental disability; or

Page 12: Legal Counseling

• Promises or giving sums of money or other advantages to those having authority over a person; or

• Being in a precarious situation from the standpoint of survival; or

• Being in a precarious situation from the standpoint of survival; or Other relevant factors

• Abuse of the economic situation of the victim or of dependency on any substance.

Page 13: Legal Counseling

Examples of People with Position of

Strength• Parent or a person having legal or de facto control over the victim

• Such as a social worker who is responsible for the minor in the course of his or her functions or responsibilities.

Page 14: Legal Counseling

POSITION OF STRENGTH• A position of strength stems from the

role an individual may occupy.

• It may be by virtue of a position – where a person has been given power

over others– privileged position in relation to the

operations of a business or organization.

Page 15: Legal Counseling

Position of Vulnerability

Circumstances surrounding Nadya and Myra would show their vulnerability.

Such as age, hobbies, economic situation, gender and capacity to form judgement

Page 16: Legal Counseling

Position of Strength

- Nadya put her trust in Serapio- He had the power to convince Nadya

-He is whom the trafficked victims were Sent to work under

Page 17: Legal Counseling

Both Position of Vulnerability and Strength

-Determined to find her daughter- She is the cause of action of the crime

Page 18: Legal Counseling

Human Trafficking • is a modern form of slavery.

• involves the “recruitment, transportation, transfer, harboring or receipt of persons, by means of threat, use of force or other forms of coercion, for the purpose of exploitation”(United Nations Office on Drugs and Crime)

• Filipino human trafficking victims have been identified in over 37 countries across five continents. Absence of economic opportunities in the Philippines, gender role socialization, and family dynamics make Filipinos especially vulnerable to human trafficking crimes. However, reliable statistics on the number of Filipino human trafficking victims are currently unavailable. [2013 Trafficking in Persons (TIP) Report]

Page 19: Legal Counseling

Human Trafficking in the Philippines

• In analyzing the types of human trafficking crimes experienced by Filipino victims, we find that false financial

promises are often used to lure Filipino children, men, and women into dangerous human trafficking situations in the Philippines and internationally. Within the country, sex tourists come from Northeast Asia, Australia, Europe, and North America to engage in sexual activity with children. Child prostitution in the Philippines primarily takes place in five types of places:

Page 20: Legal Counseling

1) ‘casas’, a term used to describe brothels;2) bars with sex shows; 3) restaurants and karaoke bars;4) in the streets; and 5) in shopping malls.

• NGO organizations suggest that there may be 60,000 to 100,000 children forced into prostitution in the Philippines.

Page 21: Legal Counseling

Philippines on Tier 2 Watch List

• The Philippines have maintained a ranking of Tier 2 or Tier 2 Watch List on the State Department scale.

• This ranking means that although the Philippines have not fully complied with the Trafficking Victims Protection Act (TVPA) minimum standards, the country is making significant efforts to bring themselves into compliance. However, for 2009 and 2010, the country was on the Tier 2 Watch List.

• During those years, the “number of victims of severe forms of trafficking was very significant or significantly increasing; there was a failure to provide evidence of increasing efforts to combat severe forms of human trafficking; and/or the determination that the Philippines was making significant efforts to bring the country into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year”. (the U.S. State Department report)

Page 22: Legal Counseling

Philippine Situationer

• In 2012, the Philippine government only landed 24 convictions of human traffickers.

• But on the other hand they used resources to assist 2,569 victims by providing skills training, shelter, medical services, financial, and legal assistance.

 • In that same year, at least 223 Filipino children were rescued from the worst

forms of child labor, including sex trafficking.  • Additionally, pre-employment orientation seminars provided to Filipino

overseas workers may have potentially prevented an unknown number of international human trafficking victimizations involving Filipino citizens.

(Source: Mehlman-Orozco, K. (2014, May 20). Human Trafficking in the Philippines: A Blemish on Economic Growth. Retrieved September 19, 2015.

Page 23: Legal Counseling

Ports of Exit• Government experts enumerated the exit

ports used by traffickers. The most frequently used is the Ninoy Aquino International Airport (NAIA).

• This is followed by those using the Zamboanga ports who travel by sea to Malaysia (as a transit or destination country). The Mactan International Airport (Cebu) came in third.

Page 24: Legal Counseling

• Based on reports of the Philippines National Police (PNP) and Philippines Centre on Transnational Crime (PCTC), the following ports are used in smuggling and trafficking of both Filipinos and foreigners:

 • Ilocos Sur (Salomague Island) • Zambo del Sur (Zambo Port, Bauin Point) • Davao del Sur (Davao Gulf, Digos Point, Panabo Port) • Misamis Oriental (Port of Aplaya, Jasaan) • Bicol (Pio Duran, Albay) • Dagupan City

(Source: Leones, C., & Caparas, D. (n.d.). Trafficking in Human Beings from the Philippines: A