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RP PROTESTS US STATE DEPARTMENT 2004 ANNUAL REPORT ON TRAFFICKING IN PERSONS
June 24, 2004
STATEMENT OF ACTING JUSTICE SECRETARY MA. MERCEDITAS N. GUTIERREZ
Chair, Inter-Agency Council Against Trafficking
On June 15, 2004 (Manila time), the United States Department of State released its 2004 Annual Report on Trafficking in Persons. The said annual report assesses the measures adopted by countries in addressing trafficking in persons through a three-tierred monitoring system. If a country's practices land in Tier 3 based on the standards used by the US, it faces sanctions.
In its 2003 Annual Report, the Philippines was classified under tier 2. Countries under this classification have made significant efforts in combating trafficking in persons, but do not have laws to criminalize trafficking in persons. In that report, the Philippines was acknowledged to have made efforts to address the phenomenon of trafficking, particularly in having a bill in Congress that criminalizes such offense.
As you very well know, President Gloria Macapagal Arroyo has certified such bill as administration bill, showing her sincerity and firm resolve to address the problem. Thus, on May 26, 2004, she signed into law Republic Act No. 9208, otherwise known as the "AntiTrafficking in Persons Act of 2003". Said law became effective June 19, 2004. Incidentally, the law will have its first year of implementation tomorrow. The said Act does not only criminalize acts of trafficking in persons and acts that promote trafficking in persons. It also provides for a comprehensive approach in combating trafficking through the establishment of institutional mechanisms for the protection and support of trafficked persons. It likewise incorporates the standards contained in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing the UN Convention on Transnational Organized Crime which the Philippines has both ratified.
Despite this significant development, the US Department of State in its 2004 Annual report has still placed the country in Tier 2, but this time "Tier 2-Watch List". In summary, the reasons cited for such classification were the government's failure to fully comply with the minimum standards (their standards) for the elimination of trafficking; failure to provide evidence of increasing efforts to combat severe forms of trafficking, particularly of its weak implementation of the anti-trafficking law and a lack of progress in law enforcement; the paltry number of prosecutions and convictions; and incomplete available data.
Contrary to its findings of weak implementation of the law, it underscored that despite limited resources, the government supports several programs in the areas of prevention and protection. It cited that the government continued to sponsor adequate protection efforts for trafficking victims through a broad range of protective services, including temporary residence status, relief from deportation, shelter, and access to legal, medical, and counseling services. It also noted that the government has devoted resources for the protection of overseas Filipino workers and training of law enforcement officials and consular officials in all its embassies on dealing with trafficking victims. It also emphasized on the decline in illegal recruitment and recruitment violations and the conduct of information campaigns on child labor and sexual exploitation for the hotel and tourism industries.
The report, however, particularly on the prosecution aspect, makes sweeping statements as it fails to consider the following:
- The Philippines' anti-trafficking law is relatively a new law. It is barely a year since it was enacted and it is quite unfair to judge the efficacy of the law solely on the basis of the number of prosecutions, and more so, on the number of convictions. It is emphasized again that the new law is not merely a penal legislation, but also a comprehensive legislation addressing trafficking in persons from prevention, protection to recovery and reintegration. Thus, the success of its implementation should not be measured by the number of prosecution and convictions alone. The report fails to mention that the Philippines is one of the only two (2) countries in Southeast Asia that have an anti-trafficking law.
- It is difficult to prosecute a complaint for trafficking because, for one, it is difficult to sustain the interest of victims in filing a case against their traffickers. This is due in part to the complex relationship between the trafficker and the victim. Some victims even view their traffickers as "liberators" from poverty and chronic unemployment. In some cases, parents and other family members are the ones who prod their children to migrate and even pay for the cost of travel documents and placement fees.
- Some victims are afraid to come-out and file a case because of fear of reprisal from their trafficker and the social stigma associated with being a victim of trafficking, particularly for those who were lured or forced into prostitution.
- Trafficking is a transnational crime. The success of any trafficking efforts particularly those committed across borders, depend also on the cooperation of destination and transit countries. Their lack of anti-trafficking law contributes in the proliferation of traffickers. As clearly pointed out by Secretary Colin Powell in his remarks at the rollout of the 2004 Annual Report, "We ask no less of destination countries than we do of sending countries; if anything, we ask more of them".
This is the reason why trafficking victims are given preferential entitlement under the government's Witness Protection Program to encourage them to come into the open and charge those responsible for their traffic. The Department of Justice (D0.7) has also designated special prosecutors that will handle trafficking cases. Support programs are also available to them through the Department of Social Welfare and Development (D0.7). Non-government organizations also assist them from filing cases to programs for their rehabilitation and eventual reintegration into the mainstream society.
We must create a favorable environment for the victims to trust the government support system including the criminal justice system. This is where the Inter-Agency Council Against Trafficking (IACAT) is leading to.
Thus, in reports gathered by the Council, there are already several cases pending for trial and preliminary investigation nationwide, 2 in Cebu (pending trial), 1 in Quezon City, 1 in Bataan (to be fiied), and 3 pending preliminary investigation. It is believed that there are still more but have yet to be reported.
The Department of Foreign Affairs (DFA) has also repatriated a number of trafficking victims from Malaysia, Korea, Bahrain, Nigeria, among others. Some of them are preparing legal charges against the perpetrators. Its embassy in Korea was likewise successful in prosecuting the traffickers of eleven Filipinas who were trafficked for the purpose of prostitution. While the Korean employer was not penalized for trafficking as South Korea has no trafficking law, it was convicted under its labor laws.
The report also mentions that there are only two convictions for trafficking-related offenses under other laws. That is not completely accurate. If said trafficking-related offenses refer to illegal recruitment cases, there are more and more than that.
Admittedly, there is still no concrete mechanism adopted to provide reliable figures on the extent of trafficking in the Philippines. For this purpose, the Council, as one of its priorities, will establish a shared central database on trafficking with capacity for case tracking and monitoring. The Department of the Interior and Local Government (DILG) and the Philippine Center on Transnational Crime (PCTC) have similar initiatives. Relatedly, the National Police Commission (NAPOLCOM) has approved the adoption of a Standard Reporting Format for violations of law on women and children, in particular, trafficking in persons, the development of which was with the support from the TUCP Anti-Trafficking Project. In time, the problem on national statistics will be addressed.
We, at the IACAT, are doing everything to fully implement the law. To enable our law enforcement agencies and prosecution offices to successfully prosecute offenders, there is a need to build their capacities. There is also a need to orchestrate all efforts against trafficking, thus, the Council is formulating a National Plan of Action Against Trafficking to ensure a synergetic and holistic approach to the problem.
In the final analysis, the government in partnership with nongovernment organizations and other stakeholders will continue its fight to combat trafficking in persons. We will exert all our efforts and use available resources to put traffickers behind bars.
Putting all traffickers behind bars may indeed take time, in fact more time. We may not even reach or realize it. But rest assured that we will not stop going there. For as long as there is one person in the hands of a trafficker, our work is not done.
Thank you.
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