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' Senate of the Philippines and House of Representatives of the Philippines (12th Congress of the Philippines, 2001–2004) assembled on May 12, 2003, and signed into law (List of Philippine laws) by President Gloria Macapagal Arroyo on May 26, 2003. It institutes policies to eliminate and punish human trafficking, especially women 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 Asian 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 throughout the world was campaigned by early abolitionists, 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 to the New World, 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), and the second, the 1839 The British and Foreign Anti-Slavery Society – which is presently known as Anti-Slavery International.
In America, the United States federal government severely punishes human trafficking both within its borders and beyond, making it, a federal crime under Title 18 of the United States Code. 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." Human trafficking as it relates to involuntary servitude and slavery is prohibited by the 13th Amendment. Federal laws on human trafficking are enforced by the United States Department of Justice Civil Rights Division, Criminal Section.
Human trafficking or trafficking in persons is a modern and new type of global slavery which deprives people of their rights and freedom. Southeast Asia 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 "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 and the prostitution of children are significant legal and moral issues in the Philippines, 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 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.org to be about 100,000. The United Nations Children's Fund (UNICEF) reported about 60,000 to 100,000 children in the Philippines involved in prostitution. There was a high incidence of child prostitution 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 (Catch-Wise), the Philippines is the 4th country with the most number of prostituted children, and authorities identified increases in pedophiles 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 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 cases from 1992 to March 2001. The United Nations reported 9 million people enslaved in the global sex trade by powerful syndicates in human trafficking in 1999 (Coalition Against Trafficking in Women – Asia Pacific, CATW-AP). The Philippines was the first Southeast Asian 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 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. A Zamboanga City RTC sentenced a member of a trafficking syndicate to life imprisonment 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), 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.