R.A.

9208 ANTI-TRAFFICKING IN PERSONS ACT OF 2003

By: Atty. Debbie G. Dulay-Del Val March 1, 2012

OUTLINE
Overview Ranking Definition and General Elements Punishable Acts Penalties Confidentiality Challenges

TRAFFICKING IN PERSONS REPORT OF 2010

A detailed examination of human trafficking around the world conducted by the US State Department Covered the major forms of human trafficking: Forced Labour / Sex Trafficking / Bonded Labour / Forced Child Labour and Sex Trafficking / Forced Domestic Servitude / Employment of Child Soldiers

RANKING OF COUNTRIES TAKING ACTION AGAINST HUMAN TRAFFICKING

Four (4) Categories: TIER 1: Countries which fully comply with the TVPAs* minimum standards for the elimination of trafficking TIER 2: Countries which do not fully comply with TVPAs minimum standards but are making significant efforts

RANKING OF COUNTRIES TAKING ACTION AGAINST HUMAN TRAFFICKING

TIER 2 WATCH LIST: as Tier 2 but the number of victims is increasing, or the countries do not provide evidence of increased efforts to tackle the problem of the country if making efforts to improve TIER 3: Countries which do not fully comply with the minimum standars and are not making significant efforts to do so

Trafficking Victims Protection Act (TVPA) of 2000

The Government of a Country should: a) Prohibit severe forms of trafficking in persons and punish such acts of trafficking b) Prescribe a punishment commensurate with that for Grave Crimes c) Prescribe a punishment to deter and that reflects the heinous nature of the offense d) Make serious and sustained efforts to eliminate severe forms of trafficking in persons

MAJOR FORMS OF TRAFFICKING IN PERSONS

Forced Labor Sex Trafficking Bonded Labor Debt Bondage Among Migrant Laborers Involuntary Domestic Servitude Forced Child Labor Child soldiers Child Sex Trafficking

Philippine Context

R.A. 9208 ANTI-TRAFFICKING IN PERSONS ACT OF 2003

DEFINITION / ELEMENTS OF TRAFFICKING IN PERSON:

It is the recruitment, transportation, transferring or harboring, or receipt of persons
with or without the victim's consent or knowledge within or across national borders

DEFINITION / ELEMENTS OF TRAFFICKING IN PERSON:

The recruitment, transportation, transfer involves:
threat or use of force fraud or deceit violence coercion intimidation abuse of power or of position taking advantage of the vulnerability of a person the giving or receiving of payments or benefits to achieve the consent of a person having control over another person

DEFINITION / ELEMENTS OF TRAFFICKING IN PERSON:

For the purpose of:
prostitution other forms of sexual exploitation forced labor or services slavery/servitude removal and sale of organs

PUNISHABLE ACTS
a. Acts of trafficking in persons (Sec. 4) b. Acts that promote trafficking in persons (Sec. 5) c. Use of trafficked person for prostitution (Sec. 11) d. Violation of Confidentiality (Sec. 7)

ACTS OF TRAFFICKING IN PERSONS

Penalty: Imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00) Prescriptive Period: Ten (10) years

EXAMPLES OF ACTS OF TRAFFICKING IN PERSONS

a. Introduce or match any person or any Filipino women to a foreign national
The offender gains money, profit, and/or other economic benefits Purpose: acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (MAIL ORDER BRIDES)

b. Undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation (SEX TOURISM)

EXAMPLES OF ACTS OF TRAFFICKING IN PERSONS

c. Maintain or hire a person to engage in prostitution or pornography; d. Adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

EXAMPLES OF ACTS OF TRAFFICKING IN PERSONS

e. Recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation FOR THE PURPOSE OF REMOVAL OR SALE OF ORGANS OF SAID PERSON; and f. Recruit, transport or adopt a CHILD TO ENGAGE IN ARMED ACTIVITIES in the Philippines or abroad.

EXAMPLES OF ACTS PROMOTING TRAFFICKING IN PERSON

Penalty: Imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00) Prescriptive Period: Ten (10) years

EXAMPLES OF ACTS PROMOTING TRAFFICKING IN PERSON

a. Knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; a. Produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issued these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;

ACTS PROMOTING TRAFFICKING IN PERSON

c. Advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; d. Assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons;

EXAMPLES OF ACTS PROMOTING TRAFFICKING IN PERSON

e. Facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;

f.

Confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and
Knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.

g.

EXAMPLES OF QUALIFIED TRAFFICKING IN PERSONS

Penalty: Life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00) Prescriptive Period: Ten (10) years

EXAMPLES OF QUALIFIED TRAFFICKING IN PERSONS

a. When the trafficked person is a child b. Adoption is effected through RA 8043 for the purpose of trafficking c. When crime is committed by a syndicate or in a large scale d. When the offender is the ascendant, parent, sibling, guardian, or a person who exercises authority over a trafficked person

EXAMPLES OF QUALIFIED TRAFFICKING IN PERSONS

e. When the offense is committed by a public officer or employee f. When the trafficked person is recruited to engage in prostitution with any member of the military g. When the offender is a member of the military or law enforcement agencies h. When the trafficked person dies, becomes insane, suffers mutilation or is afflicted with HIV/AIDS

VIOLATION OF CONFIDENTIALITY
The name and personal circumstance of the trafficked person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public Unlawful for any person or member of the media to cause the publicity of any case of trafficking in person

Penalty: Imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00)

WHO MAY FILE A COMPLAINT?

Any person who has knowledge of the commission of any offense under the law The trafficked person The Parents, spouse, siblings, children Legal guardian

VENUE OF CRIMINAL ACTION

Where the offense was committed Where any of its elements occurred; or Where the trafficked person actually resides at the time of the commission of the offense

OTHER LEGAL REMEDIES

Civil Action for damages Confiscation and forfeiture of proceeds and instruments Administrative action (closure, cancellation of permits, suspension or dismissal from service)

OTHER SALIENT PROVISIONS OF RA 9208

Trafficked persons as victims, not liable for the act or acts of trafficking When trafficked person files separate civil action for damages, exempted from payment of filing fees Right of privacy of trafficked persons Trafficked persons entitled to preferential entitlement to the Witness protection Program of the government

OTHER SALIENT PROVISIONS OF RA 9208

Protection to trafficked persons who are foreign nationals; permitted to stay in country for length of time prescribed by Council as necessary to effect prosecution of offenders

OTHER SALIENT PROVISIONS OF RA 9208

Government agencies to formulate and implement preventive, protective and rehabilitative programs Establishes Trust Fund which comes from fines imposed by the law and proceeds and properties forfeited and confiscated; fund used for programs for trafficked persons, researches and information and educational campaigns Creates an inter-agency body which shall principally coordinate and monitor the implementation of the law

Data & Statistics*

Period: Nov. 2005 Oct. 2011: Out of 61 cases, 66 Offenders/Persons have already been convicted of Violation of R.A. 9208 45% convicted for Qualified Trafficking 16.66% convicted for Trafficking in Persons 6% convicted for Use of Trafficked Persons 3% convicted for Acts Promoting Trafficking in Persons

Data & Statistics*

NCR 27.8% convictions Zamboanga City 9.8% convictions Batangas City 4.91% convictions *Source: http://www.iacat.net/index.php?option=co m_content&view=article&id=120:tipconvictions-as-of-17-nov2011&catid=23:tip-convictions&Itemid=14

Baguio City
Both a source and destination of trafficked persons Missing minors Recent report: 8 women from Davao City, 4 of whom were minors were rescued in Baguio City after seeking police assistance See: http://www.sunstar.com.ph/davao/localnews/2012/02/14/8-trafficked-dabawenyasrescued-baguio-206096

Government Efforts
Anti-trafficking taskforce at the Ninoy Aquino International Ariport to share information on trafficking Philippine Ports Authority in cooperation with an NGO established half-way houses at various Philippine sea ports Philippine Overseas Employment Agency (POEA) issued new employment requirements for Filipinos overseas to protect them from employer abuse, increasing the minimum monthly wage and minimum age. POEA also conducts pre-employment seminars for department overseas Filipino workers, trains Filipino diplomatic staff abroad, and screens foreign employers.

Challenges
Desistance of Trafficked Victims
Reluctance to testify in court of the acts of trafficking

Confidentiality Provisions of R.A. 9208 preventing the IACAT from publishing data regarding those who are accused of trafficking which could have otherwise been used to forewarn the public. Stricter laws on falsification of documents which attract specially minors to falsify travel documents See:http://www.baguiocity.com/news_article/dojbares-loopholes-anti-human-trafficking-law-enlistsngo%E2%80%99s-join-fight

THE END