“ANTI-TRAFFICKING IN PERSONS ACT OF 2003”

WHAT IS TRAFFICKING The most used international law definition is the one contained in Article 3 of the UN Protocol – to PREVENT, SUPPRESS and PUNISH TRAFFICKING in Persons Especially Women and Children, supplementing the UN Conventions against Transnational Organized Crime 2000 and Art 4 of the Council of Europe Convention on action against Trafficking in Human Beings 2005: “Trafficking in persons” shall mean a- recruitment d- harbouring or b- transportation receipt of persons c- transfer

Others e- threat or use of force or other forms of coercion f- of abduction g- of fraud, of deception h- of abuse of power or of a position of vulnerability or of giving or receiving of payments or benefits to achieve the consent of a person having a control over another person, for the purpose of exploitation

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

Humans can be trafficked within their national borders or across the borders Humans are frequently exploited in the sex industry, can be exploited by being used for running drugs, weapons, begging, petty theft, organ theft, for illegal adoption

Problems The task is not easy. Countries have different legal systems, different policing methods, different levels of resources available and different languages Much of the “demand” is for sexual services Victims do not always know that they will be exploited to provide sexual services

INDICATORS FALSIFICATION OF NAMES & AGES TAMPERED BIRTH CERTIFICATES TAMPERED PASSPORTS EXPIRED OR FALSE LICENSES FRAUDULENT or PROVISIONARY CONTRACTS FALSE PROMISES OF WORK USUALLY HERDED IN GROUPS

Common Modus Operandi Used for International Trafficking Fraudulent Documentation (falsifying, stealing & other methods of producing fake passports) Tourist Arrangement (recruits entering other countries as tourists to work illegally) Overseas Performing Artists (OPAS)-many women recruited under the guise of “overseas performing artists” but usually end up in the sex trade Escort Services – Escorting tourists or workers to pass through airport and seaport immigration controls

Remedies Education Counseling Information Campaign Legal System Legal Support Support from the government

Use of Trafficked Persons Any person who buys or engaged the services of trafficked persons for prostitution shall be penalized as follows: A) First offense –six (6) months of community services as may be determined by the court and a fine of fifty thousand pesos (P50,000.00); and B) Second and subsequent offenses – imprisonment of one (1) year and a fine of one hundred thousand pesos (P100,000.00).

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

How to Help Victims AVOID TREATING VICTIMS AS OFFENDERS; BE SENSITIVE & FRIENDLY; APPLICATION TO WITNESS PROTECTION PROGRAM; SAFEHOUSING SERVICES; VICTIMS COMPENSATION

PREVENTION CONDUCT EFFECTIVE PRE-DEPARTURE TRAININGS CREATE TRANSPARENT OVERSEAS EMPLOYMENT POLICY PROVIDE OVERSIGHT & TRAINING IN TRAFFICKING HOTSPOTS ADDRESS CULTURAL ACCEPTANCE OF LOWER STATUS OF WOMEN REDUCE DEMAND FROM ILLICIT SEX & PORNOGRAPHIC MATERIALS

RIGHT BASE APPROACHED SELF DETERMINATION BEST INTEREST OF THE VICTIM NON-DISCRIMINATION CONFIDENTIALITY PROTECTION SERVICES LEGAL SERVICES

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

INTER-AGENCY COUNCIL AGAINST TRAFFICKING Secretary, Department of Foreign Affairs; Secretary, Department of Labor and Employment; Administrator, POEA Commissioner, Bureau of Immigration; Chief, PNP Chairperson, National Commission on the Role of Filipino Women (NCRFW); Three representatives from NGO’s with proven record of involvement in the prevention & suppression of trafficking in persons.

VON VOYAGE