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The Anti-Trafficking in Persons Act of 2003, officially designated as Republic Act No. 9208, is a consolidation of Senate Bill No. 2444 and House Bill No. 4432. It was enacted and passed by
Congress of the Philippines The Congress of the Philippines ( fil, Kongreso ng Pilipinas, italic=unset) is the legislature of the national government of the Philippines. It is bicameral, composed of a lower body, the House of Representatives, although colloquially the te ...
'
Senate of the Philippines The Senate of the Philippines ( Filipino: ''Senado ng Pilipinas'', also ''Mataas na Kapulungan ng Pilipinas'' or "upper chamber") is the upper house of Congress of the bicameral legislature of the Philippines with the House of Representatives ...
and
House of Representatives of the Philippines The House of Representatives of the Philippines ( fil, Kapulungan ng mga Kinatawan ng Pilipinas, italic=unset, ''Kamara'' or ''Kamara de Representantes'' from the Spanish word ''cámara'', meaning "chamber") is the lower house of Congress, the ...
(
12th Congress of the Philippines The 12th Congress of the Philippines (Filipino: ''Ikalabindalawang Kongreso ng Pilipinas''), composed of the Philippine Senate and House of Representatives, met from July 23, 2001, until June 4, 2004, during the first three years of Gloria Ma ...
, 2001–2004) assembled on May 12, 2003, and signed into law (
List of Philippine laws This article contains a partial list of Philippine laws. Sources of Philippine laws ;Notes : *Customs may be considered as supplementary source of law, however, customs which are contrary to law, public order or public policy shall not be ...
) by President
Gloria Macapagal Arroyo Maria Gloria Macaraeg Macapagal Arroyo (, born April 5, 1947), often referred to by her initials GMA, is a Filipino academic and politician serving as one of the Deputy Speaker of the House of Representatives of the Philippines, House Deputy Spe ...
on May 26, 2003. It institutes policies to eliminate and punish
human trafficking Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extr ...
, especially
women A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female humans regardl ...
and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons. It aims "to promote human dignity, protect the people from any threat of violence and exploitation, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society." R.A. 9208 made the Philippines one of the few
Asia Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an ...
n countries in Asia that have enacted an anti-trafficking legislation. The law establishes an Inter-Agency Council Against Trafficking (IACAT), first chaired by Raul M. Gonzalez, and composed of government agencies, non-government organizations and other civic organizations for the effective formulation of a comprehensive and integrated program to prevent and suppress the trafficking in persons. The Development Action for Women Network (DAWN), PMRW member organization, and the National Commission on the Role of Filipino Women and the Coalition Against Trafficking in Women-Asia Pacific (CATW-AP) supported the successful passage of this law. This penal law was implemented by the issued "RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO 9208 – Anti-Trafficking Act," pursuant to the authority of IACAT under Sec. 29 of R.A. 9208.


Background

The elimination of
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
throughout the world was campaigned by early
abolitionists Abolitionism, or the abolitionist movement, is the movement to end slavery. In Western Europe and the Americas, abolitionism was a historic movement that sought to end the Atlantic slave trade and liberate the enslaved people. The British ...
, but it was not the objective of the earliest organised British movements. The Committee for the Abolition of the Slave Trade, which established the ''Society for the Abolition of the Slave Trade'' in Britain in 1787, campaigned for an end to the Transatlantic slave trade from
Western Africa West Africa or Western Africa is the westernmost region of Africa. The United Nations defines Western Africa as the 16 countries of Benin, Burkina Faso, Cape Verde, The Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Liberia, Mali, Mauri ...
to the
New World The term ''New World'' is often used to mean the majority of Earth's Western Hemisphere, specifically the Americas."America." ''The Oxford Companion to the English Language'' (). McArthur, Tom, ed., 1992. New York: Oxford University Press, p. ...
, which Britain dominated. Much later, the Anti-Slavery Society became the everyday name of 2 different British organizations. The first was the 1823 ''Society for the Mitigation and Gradual Abolition of Slavery Throughout the British Dominions'' (
Slavery Abolition Act 1833 The Slavery Abolition Act 1833 (3 & 4 Will. IV c. 73) was an Act of the Parliament of the United Kingdom which provided for the gradual abolition of slavery in most parts of the British Empire. It was passed by Earl Grey's reforming administrati ...
), and the second, the 1839 ''The British and Foreign Anti-Slavery Society'' – which is presently known as
Anti-Slavery International Anti-Slavery International, founded as the British and Foreign Anti-Slavery Society in 1839, is an international non-governmental organisation, registered charity and advocacy group, based in the United Kingdom. It is the world's oldest inter ...
. In
America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territor ...
, the
United States federal government The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...
severely punishes human trafficking both within its borders and beyond, making it, a
federal crime In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president. Prosec ...
under
Title 18 of the United States Code Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, ...
. Section 1584 makes it a crime to force a person to work against his will, whether the compulsion is effected by use of force, threat of force, threat of legal coercion or by "a climate of fear" (an environment wherein individuals believe they may be harmed by leaving or refusing to work); Section 1581 similarly makes it illegal to force a person to work through "
debt servitude Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, the per ...
." Human trafficking as it relates to
involuntary servitude Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit another ...
and
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
is prohibited by the 13th Amendment. Federal laws on human trafficking are enforced by the
United States Department of Justice Civil Rights Division The U.S. Department of Justice Civil Rights Division is the institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, disability, religion, and national origin. ...
, Criminal Section.
Human trafficking Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extr ...
or trafficking in persons is a modern and new type of global slavery which deprives people of their rights and freedom.
Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical United Nations geoscheme for Asia#South-eastern Asia, south-eastern region of Asia, consistin ...
is a source, transit and destination for men, women, and children trafficked internally and internationally for the purposes of sexual exploitation and forced labor. The
Vatican Vatican may refer to: Vatican City, the city-state ruled by the pope in Rome, including St. Peter's Basilica, Sistine Chapel, Vatican Museum The Holy See * The Holy See, the governing body of the Catholic Church and sovereign entity recognized ...
"Pontifical Council for the Pastoral Care of Migrants and Itinerant People "People on the Move" (N° 96 Suppl., December 2004) reported that: "Poverty, unemployment, underemployment, landless poor and armed conflict combine to deny many children and their families in rural areas in the Philippines a secure future. These areas include the Samar-Leyte region, Negros, Bicol, Cebu Province, and Mindanao, where unscrupulous recruitment agencies operate by using a combination of deception, false promises and cash incentives to win over the parents or the children directly. Groups are "subverting" the Internet to traffic women and children, and ease of travel has enabled pedophiles to move from one country to another. Mostly foreigners are the big investors in the Philippine sex industry. Child pornography brought in by tourists teach local children about the sex acts that can be done to the tourists. The children are used to sell souvenirs and trinkets along the beaches to the tourists, who then invite them to show them child porn videos and give them money to repeat the acts on them.


Related Laws

Human trafficking Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extr ...
and the
prostitution of children Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child ...
are significant legal and moral issues in the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
, due to control and power of organized crime syndicates. Enforcement of penal laws is, however, reported to be inconsistent. R.A. 9208 is only one of the laws which give protection to workers, children, and women, inter alia. The Philippines has a long history of legislation aimed at protecting the rights and welfare of children. The 1974 Labor Code of the Philippines (Presidential Decree No. 442) set the minimum age of employment at 15 years and prohibited the employment of persons below 18 years of age in hazardous undertakings. Presidential Decree No. 603 (The Child and Youth Welfare Code) permits the employment of children aged 16 years and below only if they perform light work, which is not harmful to their safety, health or normal development, and which is not prejudicial to their studies. Strict rules and regulations were issued on their rates of pay, hours of work and other conditions of employment. An employment permit also has to be secured from the Department of Labor and Employment. The 1992 child protection law, Republic Act No. 7610 (Special Protection of Children against Abuse, Exploitation and Discrimination Act) provides protection of children against abuse, commercial sexual exploitation, trafficking, and employment in illicit activities. Republic Act No. 7658 (amending RA 7610) set minimum age of employment to 15 years, and 18 years and above for hazardous work. Republic Act 7160 (The Local Government Code of 1991) includes provisions for the proper development and welfare of children at the basic political level, the Barangay. It enjoins local officials to promote and support activities for the protection and total development of children, particularly those below seven years of age, and adopt measures to prevent and eradicate drug abuse, child abuse, and juvenile delinquency. Republic Act No. 9231 (19 December 2003 – An Act Providing for the Elimination of the WFCL and Affording Stronger Protection for the Working Child) – amends R.A. No. 7610 by embodying the State policy to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and conditions prejudicial to their development, including child labour and its worst forms. It also provides stiffer penalties for their commission. It spells out the WFCL, consistent with Convention No. 182; the hours of work of working children; and ownership, usage and administration of the working child's income. Further, it ensures working children's access to education and training, and immediate legal, medical and psychosocial services. In September 1995, then President Fidel V. Ramos signed Executive Order No. 275 creating a special oversight committee for the special protection of children from all forms of neglect, abuse, cruelty, exploitation, discrimination and other conditions prejudicial to their development.


Statistics

A 1997
ILO The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and ol ...
report placed the number of child victims of prostitution at 75,000 in the Philippines, with other estimates (ECPAT) reporting as many as 100,000. Recently, around 300,000 prostitutes were found in a range of entertainment establishments, such as karaoke bars, dirt poor cabarets, beach resorts, and health clubs. Child prostitution is on the rise, estimated by
ECPAT ECPAT International is a global network of civil society organisations that works to end the sexual exploitation of children. It focuses on ending the online sexual exploitation of children, the trafficking of children for sexual purposes, the ...
.org to be about 100,000. The
United Nations Children's Fund UNICEF (), originally called the United Nations International Children's Emergency Fund in full, now officially United Nations Children's Fund, is an agency of the United Nations responsible for providing humanitarian and developmental aid to ...
(UNICEF) reported about 60,000 to 100,000 children in the Philippines involved in prostitution. There was a high incidence of
child prostitution Child prostitution is prostitution involving a child, and it is a form of commercial sexual exploitation of children. The term normally refers to prostitution of a minor, or person under the legal age of consent. In most jurisdictions, child pr ...
in tourist areas, where undetermined number of children are forced into exploitative labor operations. According to a report by the Consortium Against Trafficking of Children and Women for
Sexual Exploitation Sexual slavery and sexual exploitation is an attachment of any ownership right over one or more people with the intent of coercing or otherwise forcing them to engage in sexual activities. This includes forced labor, reducing a person to a s ...
(Catch-Wise), the Philippines is the 4th country with the most number of prostituted children, and authorities identified increases in
pedophiles Pedophilia ( alternatively spelt paedophilia) is a psychiatric disorder in which an adult or older adolescent experiences a primary or exclusive sexual attraction to prepubescent children. Although girls typically begin the process of puberty a ...
travelling to the Philippines.< The Coalition Against Trafficking in Women – Asia Pacific (CATW-AP) quoting from Kyodo News, estimated that in 1998 there were 400,000 women working in prostitution in the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
. The International Labor Organization estimated that in 1993/94 there were nearly half a million prostitutes in the country. The Commission on Filipinos Overseas (CFO) recorded 959 Philippine
human trafficking Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extr ...
cases from 1992 to March 2001. The
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
reported 9 million people enslaved in the global sex trade by powerful syndicates in
human trafficking Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extr ...
in 1999 (Coalition Against Trafficking in Women – Asia Pacific, CATW-AP). The Philippines was the first
Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia, South-eastern Asia or SEA, is the geographical United Nations geoscheme for Asia#South-eastern Asia, south-eastern region of Asia, consistin ...
n country to legislate this tough statute against trafficking.


Prosecution

R.A. 9208, specifically criminalizes trafficking for the purposes of exploitation. The punished overt acts include trafficking under the guise of arranged marriage, adoption, sex tourism, prostitution, pornography, or the recruitment of children into armed conflict. Trafficking of children is made a “qualified” offense, and higher penalties of life imprisonment and a fine of 2 million to 5 million pesos (US$36,085 to 90,212) are imposed. Use of services of trafficked persons is penalized by 15 years imprisonment and a fine of 500,000 to 1 million pesos. Additional penalties are provided for government employees offenders. Sec 10 (c) provides for the maximum penalty for qualified trafficking under Section 6:
life imprisonment Life imprisonment is any sentence (law), sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed te ...
and a fine of not less than 2 million pesos (P2,000,000.00) but not more than 5 million pesos (P5,000,000.00). As complementary legislation, slavery and forced labor are also punished under Articles 272 and 274, Revised Penal Code of the Philippines, and Republic Act No. 7610, the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act." This law protects children under 18 years from all forms of abuse, cruelty, and exploitation and prohibits child prostitution and child trafficking. The US report scored there was only 1 conviction under the 2003 anti-trafficking law during the reporting period, but the government made some improvement in arresting, prosecuting, and convicting traffickers. Penalties imposed for trafficking for commercial sexual exploitation are commensurate with those for
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
. A
Zamboanga City Zamboanga City, officially the City of Zamboanga (Chavacano and es, Ciudad de Zamboanga, Tausūg: ''Dāira sin Sambuangan'', fil, Lungsod ng Zamboanga, ceb, Dakbayan sa Zamboanga), is a city in the Zamboanga Peninsula region of the Philippi ...
RTC sentenced a member of a trafficking syndicate to
life imprisonment Life imprisonment is any sentence (law), sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed te ...
in March 2007 for having recruited 6 victims and peddled them to a brothel in Sandakan, Malaysia. The case was the 5th conviction under R.A. 9208 which resulted in a jail sentence. In 2006, the public prosecutors filed 60 new trafficking cases with the
Department of Justice (Philippines) The Department of Justice ( fil, Kagawaran ng Katarungan, abbreviated as DOJ) is under the executive department of the Philippine government responsible for upholding the rule of law in the Philippines. It is the government's principal law age ...
, and more than 107 pending prosecutions of trafficking crime. The government appointed 17 DOJ anti-trafficking prosecutors, and 72 additional Fiscals in its regional offices. In
Northern Mindanao Northern Mindanao ( tl, Hilagang Mindanao; ceb, Amihanang Mindanao; Maranao: ''Pangotaraan Mindanao'') is an administrative region in the Philippines, designated as Region X. It comprises five provinces: Bukidnon, Camiguin, Misamis Occidental ...
, however, the report of the Sub-Committee on Human Trafficking (SCHT) submitted to the Executive Committee of the Regional Law Enforcement Coordinating Council (RLECC), Region 10 states that lack of access to legal information, aid or protection tops the list of issues and problems in the implementation of Republic Act No. 9208.


Results


Trafficking in Persons Report: PHILIPPINES (Tier 2)

On June 3, 2005, the
United States Department of State The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...
- Office to Monitor and Combat Trafficking in Persons released its 2005 Trafficking in Persons Report which put the Philippines in Tier 2 Watch List Category. 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 The Victims of Trafficking and Violence Protection Act of 2000 (TVPA) is a federal statute passed into law in 2000 by the U.S. Congress and signed by President Clinton. The law was later reauthorized by presidents Bush, Obama, and Trump. In addit ...
, but are making significant efforts to bring themselves into compliance with those standards. The US report, said that:


IACAT-DOJ Raul M. Gonzalez statement

On 6 June 2005
Department of Justice (Philippines) The Department of Justice ( fil, Kagawaran ng Katarungan, abbreviated as DOJ) is under the executive department of the Philippine government responsible for upholding the rule of law in the Philippines. It is the government's principal law age ...
Secretary Raul M. Gonzalez issued the government's official statement on R.A. 9208 vis-a-vis the U.S. State Department Report. Gonzales reported that:


2008 IACAT report

As of June 30, 2008, the IACAT Chairman reported that it secured the conviction of Ms. Nelia Ogalesco, bringing the total number of convictions to 11, under Republic Act 9208:


Confidentiality of proceedings

Republic Act No. 9208 (the Anti-Trafficking Law) provides for confidentiality of proceedings at any stage of the investigation, like similar enacted legislation, to wit: RA No. 9344 (the Juvenile Justice Law) mandates that all records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. RA No. 9262 (the Anti-Violence Against Women Law) provides that all records pertaining to cases of violence against women and their children shall be confidential... and the right to privacy of the victim shall be respected. RA No. 8369 (the Family Court Act) provides for the confidentiality of all records of cases and the identity of the parties involved therein unless necessary and with court authority. Thus, the identity of a child victim of abuse, child witness, CIAC or a CICL shall not be disclosed whether directly or indirectly. No information that would lead to the identity of the child or any member of his family shall be published or broadcast. Photographs, images, or video coverages of the face or any distinguishing feature of a child victim of abuse, child witness, CIAC or a child in conflict with the law including his or her family members shall not be taken, published, or shown to the public in any manner. The use of sexualized images of children is considered a violation of the child's rights. The disclosure of any private or graphic detail of the case, including the medico-legal findings, in public, is strictly prohibited. It is absolutely prohibited to access, use or in any manner disseminate a child's case files or records. Ricardo R. Blancaflor, acting chairman of the Inter-Agency Council Against Trafficking (IACAT), called for the amendment of the anti-trafficking law due to the increasing number of “sexually trafficked" Filipino women workers, most especially in
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
. GABRIELA Representative Liza Maza reported that 400,000 migrants were being trafficked internally and another 800,000 externally. Blancaflor, however, cited 11 convictions and 3 more cases submitted for decision under the law. But Blancaflor noted the confidentiality clause, Section 7, R.A. 9208 for possible amendment, it, being a bar for full disclosure of facts.


Protection

The Philippine government relied heavily on NGOs and international organizations to provide services to victims. Victims were encouraged to file civil cases against traffickers, and the former are not penalized for any crimes committed as a direct result of their being trafficked. The implementing rules and regulations of the 2003 anti-trafficking law outline identification and referral procedures. The government assisted victims by providing temporary residency status, relief from deportation, shelter, and access to legal, medical, and psychological services. The Department of Social Welfare and Development established 42 temporary shelters for victims and 13 of these were supported by a non-profit charity organization. The government sent 8 social workers to Philippine diplomatic missions to provide psychosocial counseling to overseas Filipino workers in distress. The Philippine Ports Authority provided the building and facilities for halfway houses in Manila, Davao, Batangas, and Sorsogon, managed by an NGO; the Ports Authority, police, and the Coast Guard referred victims to the halfway houses. In March 2007, the Department of Labor and Employment opened the first reintegration center where returning overseas Filipino workers may seek services such as skills training, psycho-social counseling, and business development assistance. This law saves and protects many women and children from and against prostitution,
pornography Pornography (often shortened to porn or porno) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Primarily intended for adults,
, sexual exploitation,
forced labor Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of e ...
,
slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
,
involuntary servitude Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit another ...
or
debt bondage Debt bondage, also known as debt slavery, bonded labour, or peonage, is the pledge of a person's services as security for the repayment for a debt or other obligation. Where the terms of the repayment are not clearly or reasonably stated, the pe ...
, both domestic and overseas. R. A. Sec. 4b of 9208 supplements the Anti Mail-order bride law which only prohibits matching of Filipino women for marriage to foreign nationals on a mail-order bride formula, for this law punishes "introducing or matching any Filipino woman to a foreign national for marriage for the purpose of acquiring, buying, offering, selling, or trading her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage is also considered an act of trafficking." RA 9208 directs the Department of Foreign Affairs (DFA), the Department of Labor and Employment (DOLE), and the Philippine Overseas Employment Administration (POEA) to establish programs for Filipinos who are trafficked overseas, to ensure the safety of overseas Filipinos. This law covers both national and international migration, and requires the Department of Social Welfare and Development (DSWD), Department of Justice (DOJ), Bureau of Immigration (BI), Philippine National Police, Department of Interior and Local Government (DILG), NCRFW, and local government units (LGUs), to establish programs to prevent, protect, and rehabilitate trafficked victims.


Legal gaps, hiatus and amendment of the law

Department of Social Welfare and Development Secretary Esperanza Cabral, Co-Chair of the Inter-Agency Council Against Trafficking Forum stated on October 19, 2008, that "while Republic Act No. 9208 prohibits the recruitment or abduction of people for the purpose of selling their organs, an IRR specifically dealing with organ trafficking would 'address the apparent gaps in the law and existing policies' on the ‘donation’ of organs by a living non-related donor. The 1991
World Health Organization The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level o ...
Guiding Principles on Human Organ Transplantation will limit the terms of the proposed Implementing Rules and Regulations."


Prevention

In 2007, the government's Interagency Council Against Trafficking established its first
Ninoy Aquino International Airport Ninoy Aquino International Airport (NAIA , ; fil, Paliparang Pandaigdig ng Ninoy Aquino or ''Pandaigdigang Paliparan ng Ninoy Aquino''; ), originally known and still commonly referred to as Manila International Airport (MIA), is the main ...
anti-trafficking task force. In 2006 the Philippine Overseas Employment Agency (POEA) increased the minimum monthly wage from $ 200 to $ 400 and raised the minimum age from 18 to 23, and it required prospective domestic workers to get a certificate of competency from the Technical Education and Skills Development Authority and the Overseas Workers' Welfare Administration. In 2006, POEA conducted 1,000 pre-employment orientation seminars for more than 60,000 departing overseas Filipino workers. The Task Force Against Illegal Recruitment was created to develop strategies against illegal recruitment activities. On September, 2008, an intensified campaign against
human trafficking Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extr ...
("massive exploitation of safe migration") was launched by the
Visayan Forum Foundation Voice of the Free is a non-profit, non-stock, and tax-exempt non-government organization in the Philippines established in 1991. Voice of the Free (VF) works for the welfare of marginalized migrants, especially those working in the invisible and ...
, Inc. (VFFI), a non-governmental organization with the support of the United States Ambassador to the Republic of the Philippines, United States embassy.
Kristie A. Kenney Kristie Anne Kenney is a former senior U.S. diplomat who served as the 32nd Counselor of the United States Department of State from 2016 to 2017. She is a recipient of the Secretary's Distinguished Service Award, Secretary of State's Distinguish ...
said at the launch: "Human trafficking is a global problem. It is modern-day slavery and victims rarely have a voice." The VFFI provide halfway houses for trafficking victims, and the Philippine Ports Authority built halfway houses in ports for rescued victims. But DOJ Inter-Agency Council Against Trafficking said that the campaign against human trafficking had no budget. The Recovery Empowerment Networking and Employment for Women Foundation (RENEW), founded in 2005, has set up a prevention program in partnership with the Department of Social Policy and Social Work at the
University of Oxford The University of Oxford is a collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the world's second-oldest university in contin ...
(UK) and Systems Plus College Foundation (Philippines). This prevention program involves identifying female youth who are most at risk of being trafficked and/or prostituted and inviting them to enter the RENEW program and has been recognised as a
best practice A best practice is a method or technique that has been generally accepted as superior to other known alternatives because it often produces results that are superior to those achieved by other means or because it has become a standard way of doing ...
model by the National Women's Summit held in Manila in 2009,
Soroptimist International Soroptimist International (SI) is a global volunteer service organization for women with nearly 72,000 members in 121 countries worldwide. According to Soroptimist.org, their mission statement says that, "Soroptimist is a global volunteer organiza ...
in 2010, and the Coalition Against the Trafficking of Women (CATW) in 2011.


Senate inquiry

On September 15, 2004, the first hearing was held on escort services. followed by a second hearing on September 22, 2004, attended by well-known movie personalities and a third hearing, attended by representatives from KTVs. Senator Bong Revilla, on July 26, 2006, called for coordination with the
Philippine National Police The Philippine National Police ( fil, Pambansang Pulisya ng Pilipinas, acronymed as PNP) is the armed national police force in the Philippines. Its national headquarters is located at Camp Crame in Bagong Lipunan ng Crame, Quezon City. Current ...
vis-a-vis the public, the
whistleblower A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...
s and anti-prostitution
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a ''internetworking, network of networks'' that consists ...
online petitioner initiators, to shed light and solve the alleged prostitution in the Philippines,
sexual slavery Sexual slavery and sexual exploitation is an attachment of any ownership right over one or more people with the intent of coercing or otherwise forcing them to engage in sexual activities. This includes forced labor, reducing a person to a s ...
or trafficking in human beings dens in
Angeles City , anthem = Himno ning Angeles (Angeles Hymn) , subdivision_type3 = District , subdivision_name3 = , established_title = Settled , established_date = 1796 , established_title1 = Charter ...
. Revilla re-filed Senate Bill No. 12, the "Anti Pornography Bill." However, Angeles City police Chief Sonny Cunanan denied the allegations, alleging "the Women's and Children's Concerned Section (WCCS) and other agencies of the Angeles City Government that are responsible for the regular inspection of different bars and nightclubs have no records about the existence of a sex slave camp in the city." But he confirmed that "Angeles intelligence policemen, in coordination with other counterparts, were directed to look into the veracity of the report and file necessary charges against the operators of the illegal activities if these really exist."


Batingaw Network

On September 15, 2007, the Children and Youth Secretariat of the Anti-Child Pornography Alliance (ACPA-Pilipinas) launched Batingaw Network to protect and save children from all abuses and exploitations. It is the biggest coalition against
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a chi ...
(
cyber-sex Cybersex, also called computer sex, Internet sex, netsex and, colloquially, cyber or cybering, is a virtual sex encounter in which two or more people have long distance sex via electronic video communication (webcams, VR headsets, etc) and other e ...
dens;
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a ''internetworking, network of networks'' that consists ...
shops ''with pornographic cubicles''). It declared September 28 as the "''National Day of Awareness and Unity against Child Pornography''."


See also

* Human trafficking in the Philippines * Prostitution in the Philippines


References


External links


Republic Act No. 9208, "Anti-Trafficking in Persons Act of 2003"
– May 26, 2003
Presidential Decree No. 442, "The Labor Code of the Philippines"
– May 14, 1974

* ttps://www.scribd.com/doc/4664952/RULES-AND-REGULATIONS-IMPLEMENTING-REPUBLIC-ACT-NO-9208-AntiTrafficking-Act RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO 9208 – Anti-Trafficking Actbr>DILG MEMORANDUM CIRCULAR NO. 2005-06 – STRICT IMPLMENTATION OF REPUBLIC ACT NO. 9208, AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING – March 14, 2005Presidential Decree No. 969, amending P.D. 960 and Art. 201 of the Revised Penal CodeRepublic Act No. 9231, amending section 2 of Republic Act No. 7610, as amended, otherwise known as the "Special Protection of children Against Child Abuse, Exploitation and Discrimination Act"Republic Act No. 8042, Migrant Workers and Overseas Filipinos Act of 1995Republic Act No. 6955, The Mail Order Brides LawRepublic Act No. 7610, Special Protection of Children Against Child Abuse, Exploitation and Discrimination ActPresidential Decree No. 2018, Amending Articles 38 and 39 of the Labor Code by Making Illegal Recruitment a Crime of Economic Sabotage and Punishable with Life ImprisonmentCoalition Against Trafficking in WomenGabriela networkHumantrafficking.org, Places to report Human Trafficking in the PhilippinesBBC Investigation Into Organized Crime Control of the Sex Slavery Trade in the PhilippinesGlobal Map of Human Trafficking
;Government and international governmental organizations
UN.GIFT
– Global Initiative to Fight Human Trafficking

* ttps://2009-2017.state.gov/documents/organization/82902.pdf U.S. Department of State Trafficking in Persons Report 2007 ;Articles and resources
'Slavery in the 21st century – BBC'Asia's sex trade is 'slavery' – BBCAsia's child sex victims ignored – BBC
{{Asia in topic, Prostitution in 2003 in law 2003 in the Philippines Human trafficking in the Philippines Abolitionism in Asia Philippine criminal law Human rights in the Philippines Presidency of Gloria Macapagal Arroyo Slavery in the Philippines