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STATEMENT ON THE 2005 TRAFFICKING IN PERSONS REPORT OF THE US STATE DEPARTMENT
SECRETARY RAUL M. GONZALEZ
Chairperson, Inter-Agency Council Against Trafficking (IACAT)
On June 3, 2005, the US State Department – Office to Monitor and Combat Trafficking in Persons released its 2005 Trafficking in Persons Report placing the Philippines in Tier 2 Watch List Category, same as last year, pursuant to its Tier Placements Criteria. Countries included under the said category are those whose governments do not fully comply with the standards of the US Victims of Trafficking and Violence Protection Act of 2000, but are making significant efforts to bring themselves into compliance with those standards.
Based on the said report, the Philippines remained in Tier 2 Watch List allegedly primarily due to the country's failure to show evidence of increasing efforts to convict traffickers. The report says that while the government made increasing efforts to implement the anti-trafficking law, the number of trafficking-related prosecutions remained low; and that no convictions were reported for anti-trafficking law violations.
While we do not deny the problem of trafficking in persons in the country, the US Report failed to consider and appreciate the significant efforts made by the country through the member-agencies of the Inter-Agency Council Against Trafficking (IACAT) and its partner agencies and organizations especially in the areas of law enforcement and prosecution.
The Department of Justice as the principal law agency and prosecution arm of the government has instituted measures to implement Republic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003”. Among these are:
- Creation/Expansion of the Task Force on Trafficking in Persons in the Department composed of 14 prosecutors (not only 4 as indicated in the report) tasked to prosecute violations of RA 9208;
- Issuance of a directive to all prosecutors nationwide through Department Circular No. 18 dated April 12, 2005, directing all Regional Prosecutors, Provincial and City Prosecutors and Their Assistants, State Prosecutors and Prosecution Attorneys to: 1) give preferential attention to trafficking cases and resolve such cases within the periods prescribed under the revised Rules on Criminal Procedure; 2) not to dismiss trafficking cases on the mere account of an Affidavit of Desistance executed by the victim/s or their parent or legal guardians; and 3) vigorously oppose and/or manifest strong objection to motions for dismissal despite the desistance of the victim/s or their parents or legal guardians.
- Issuance of a directive to the Commissioner of Immigration to put a stop to escort services at the airport; and
- Investigation and case build-up of alleged/reported trafficking cases through the Anti-Human Trafficking Division of the National Bureau of Investigation.
Based on our records, the Department has received 65 complaints for alleged trafficking in persons violations for the period June 2003-January 2005. Of these cases, 24 have been filed in court while 31 are pending preliminary investigation. These complaints involve 98 alleged traffickers/recruiters.
Majority of these cases (35) were filed in Manila, Quezon City, Pasay City and the National Prosecution Offices, while others were filed in Zamboanga (8), Cebu (4), Davao City (4), Olongapo City (3), Lapu-Lapu City (3), La Union (2), Bacolod City (2), Kabankalan City (2), and Tagbilaran City (2).
While there has been no conviction yet for violation of the anti-trafficking law, owing to the judicial processes guaranteeing due process of law to the accused, a number have been convicted for trafficking related offenses. The Inter-Agency Committee on Passport Irregularities reported that 69 persons were convicted for violation of the Passport Law for the period 2000-2004, while 20 persons were convicted for illegal recruitment activities for the same period.
Law enforcement action was likewise intensified to curb trafficking in persons. The NBI Anti-Human Trafficking Division (AHTRAD) reported that it was able to apprehend and charge 63 persons for violation of RA 9208 and currently investigating 22 other cases. In a recent case, the NBI-AHTRAD arrested five Korean nationals who were arrested while in the act of identifying, choosing ad interviewing would-be brides for Korean nationals from among the thirty-two women rescued.
>In another case early this year, thirty-eight (38) women were rescued in Malate who were recruited from Davao to work in Japan as entertainers. Upon arrival in Manila, they were, however, detained in a place and were not allowed to go out. They were intimidated and threatened if they try to escape. Four (4) suspects were arrested while nine (9) others remain at-large. In March this year, in a joint operation with the NBI, the police arrested seven, including 2 Australians, in Benguet for cyber pornography. In April this year, the NBI-AHTRAD rescued 34 women and children in two separate rescue operations in a health club Quezon City and a nightclub in Nueva Ecija.
Only recently, the Presidential Anti-Illegal Recruitment Task Force (PAIRTF) rescued some women and girls from two Dutch nationals who engaged women in cyber pornography.
The Philippine National Police, for the period January 2004-to date, was able to rescue 122 victims of trafficking and arrested 42 persons. Sixteen (16) cases for violation of the Anti-Trafficking in Persons Law and other related laws were filed against the perpetrators.
From July 2004 to date, t he PAIRTF reported that they have served 4,486 complainants for illegal recruitment and arrested 400 suspects and cases for illegal recruitment were filed against them. Of the 400, 171 suspects are currently under detention while 229 were released. Seventy five (75) cases were also filed against suspects who are still at-large. Twenty (20) of those arrested were foreign nationals: Australian (2); French (1); Japanese (7); Korean (3); Arab (2); Malaysian (1); Papua New Guinea (2); Singaporean (1); and Swiss (1).
The Report mentioned “corruption and a weak judiciary remain serious impediments to the effective prosecution of traffickers”. It added that “[D]espite widespread allegations of law enforcement officials' complicity in trafficking, the government reported no prosecutions of trafficking-related prosecution”. These are sweeping statements if not an outright criticism of our judicial system.
I wish to emphasize that our judicial system adopts due process of law. It is inherent in our criminal justice system that before a person is prosecuted, probable cause be determined from the evidence submitted by complainants. We cannot be overzealous in the absence of sufficient proof to warrant the prosecution of a person. Moreover, the Department of Justice as the prosecuting arm of the government largely depends on the evidence presented by law enforcement agencies and the victims themselves. Nevertheless, the Department offers our Witness Protection Program to encourage complainants to come into the open and assist in prosecuting not only those directly involved in trafficking but also those government officials and employees directly or indirectly involved in trafficking. RA 9208 punishes to the maximum penalty officials and employees in the government who are involved in trafficking, aside from their liability under existing laws against corruption.
>To synchronize and coordinate the implementation of our trafficking initiatives, the IACAT has adopted the National Strategic Plan of Action Against Trafficking. A six-year plan of action, the StratPlan shall serve as the roadmap or blueprint of all actions against trafficking in persons. It covers plans and proposed initiatives for the prevention of trafficking, the protection and reintegration of trafficked persons and the investigation and prosecution of traffickers.
Other government agencies, non-government organizations and other partners continuously undertake public information campaigns and capacity building activities for frontline service providers. We will intensify our campaign against trafficking in persons and bring the implementation of the anti-trafficking law at the local level, where trafficking begins and ends.
The foregoing initiatives and measures adopted by law enforcement and prosecution offices of the government and the IACAT clearly manifest the intensified and continuing drive of the country against this scourge that continue to prey on our countrymen especially women and children. Trafficking in persons has no place in this country. While the present administration is pushing for economic reforms to provide more economic opportunities in, and improve the economic condition of, the country, it is also equally our task to be vigilant and committed in protecting our women and children from this exploitation and abuse. This is our commitment not only because we are a State Party to the Protocol to Prevent, Suppress, and Punish Trafficking in Persons Supplementing the United Nations Convention Against Transnational Organized Crime, but primarily because it is our constitutional duty and statutory mandate to protect our women and children to the highest degree.
6 June 2005
RAUL M. GONZALEZ
Secretary
Copy furnished:
The US Embassy
Manila
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