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Human trafficking penalties set; New law sets stiff penalties for human trafficking
People trafficking in women and children face stiffer penalties that range from a P5-million fine to life imprisonment. On Monday President Arroyo signed into law the Anti Trafficking in Persons Act of 2003, or Republic Act 9208, which is considered a landmark measure meant to protect women and children from sexual exploitation, forced labor, in the country and abroad. |
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The President said the new law affirms the government's resolve to prevent and suppress the lucrative but illegal trade in Filipino women and minors. "The law assures that the lives of Filipino women and children will get better because women can exercise their rights and their children will get education" she says in a speech during the signing of R.A.9208 in Malaca�ang. The law carries stiffer penalties not only against traffickers in women and children but also against users or buyers of prostituted victims. Under R.A. 9208, anyone found guilty of violating the Anti trafficking in Persons Act shall face a penalty depending on the participation from six years to life imprisonment and a fine ranging from P 500,000 to P5 million. The law also entitles victims or survivor to counseling, temporary shelters, health care, legal assistance and the government's witness protection program. An interagency council will also be created, which will be composed of the Justice Secretary as chairman and the Social Welfare Secretary as co-chairman. Members will include the Secretary of Foreign Affairs, the Labor Secretary, the administrator of the Philippine Overseas Employment Administration, the Immigration commissioner, The Philippine National Police chief, the chairman of the National Commission on the Role of Filipino Women, three representatives from a non-government organization and a representative from every women's organization. The council will draw up a comprehensive and integrated program to prevent and suppress trafficking in persons, promulgate regulations and monitor and oversee the strict implementation of the law. By enacting R.A. 9208, the President said, the Philippines could show the international community that Filipinos " know the distinction between illegal and legitimate jobs". This law also strengthens our republic. A strong republic is an effective state that helps the poorest of the poor and weak people, providing them the power to abolish the structure that deprives them" she said. Among those present at the signing were Cabinet members led by Executive Secretary Alberto Romulo, Social Welfare Secretary Corazon Soliman, presidential chief of staff Rigoberto Toglao, senators led by President Franklin Drilon and Sen. Luisa "Loi" Ejercito Estrada, who sponsored the bill, congressmen and NGOs representatives. Eight-year wait for the anti-trafficking law is over
President Arroyo yesterday signed into law the Anti-Trafficking of Persons Act of 2003 (RA 9208) which had languished in Congress for eight years. Arroyo says during the bill signing at Malaca�ang's Ceremonial Hall, the new law is " a moral decision because the trafficking of women and minors is immoral." The new law was co-authored by Senate President pro tempore Juan Flavier, Senators John Osme�a III, Teresa Aquino-Oreta, Manuel Villar, Rodolfo Biazon, Aquilino Pimentel Jr., Panfilo Lacson, Francis Pangilinan and Ramon Revilla. It was sponsored by Senate President Franklin Drilon, Majority leader Loren Legarda and Sen. Luisa Ejercito-Estrada. Under the anti-trafficking law, anyone found guilty of qualified trafficking will be meted life imprisonment and a fine of up to P5 million if the victim was a child, if he died or contracted the human immuno-deficiency virus; if the offender was related to a victim or is a member of a government law enforcement unit. So-called "users" or "buyers" of trafficked prostituted women will get a six-month imprisonment and a find of up to P50,000 for first time offenders, and P100,000 with a one-year imprisonment for second-time offenders. The provision addresses the lopsided application of existing laws, which punishes only the pimps and the prostitutes, but not the users or customers. The law also contains a provision on confidentiality, which prohibits the disclosure of the identity of trafficked persons. It expressly prohibits so-called sex tours in the country and criminalizes the use of the Internet to promote prostitution and sexual exploitation. The law also addresses the illegal sale of organs, which uses trafficked persons as donors. The law creates a trust fund out of the properties confiscated from offenders, which would be managed by an inter-agency council. The council will be co-chaired by the justice and social welfare departments. Membership consists of the labor and foreign affairs departments, the National Commission on the Role of Filipino Women, Philippine Overseas Employment Administration, Bureau of Immigration, PNP, and three representatives from the women, children, and OFW sectors. Aurora Javata de Dios, who chairs the National Commission on the Role of Filipino Women, said UN figures estimate the global incidence of sex trafficking is one to two million, mostly in South and Southeast Asia. Jean Enriquez, deputy director of the Coalition Against Trafficking in Women-Asia (CATW-Asia), called particular attention to "military prostitution." She cited a research in January in which some 50 trafficked women in Cotabato City were being used by military men. Enriquez said that women were kept in beer houses around the Awang airport in Cotabato City and the practice is tolerated by military commanders. The CATW-Asia also urged Congress to give better priority to the bills on reproductive health, abuse of women in intimate relationships, and anti-prostitution instead of the anti-terrorism bill. GMA inks tough Anti-Trafficking Law
PRESIDENT Macapagal-Arroyo yesterday signed into law the tough Anti-Trafficking in Persons Act that widens the scope of both human trafficking and prostitution. Among other innovations, Republic Act No. 9208 criminalizes the recruitment of minors "to engage in armed activities in the Philippines or abroad"- an unmistakable reference to the alleged presence of underage fighters in the ranks of the Moro Islamic Liberation Front. It also arms the government in its campaign against illegal recruitment, because it includes "sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage" as among the illegal purposes that render the recruitment of a worker unlawful. The new law also effectively removes the gender bias in existing laws-principally the Revised Penal Code and a presidential decree-covering prostitution. Where previously "prostitutes" were defined as "women who habitually engage" in sex or lascivious conduct "for money or profit," the new law uses "person." A provision in a key section may also prove controversial: it appears to criminalize the act of engaging the services of a prostitute. Under the Revised Penal Code, as amended, criminal liability in the act of prostitution is borne only by the prostitute and the "procurer" (the pimp or brothel owner). But section 4(e) of the new law provides that anyone proven "to maintain or hire a person to engage in prostitution or pornography" was also liable. RA 9208 also effectively enshrines the concept behind deposed President Joseph Estrada's Executive Order No. 220 of March 2000, which created an executive council "to suppress trafficking in persons." Opposition Sen. Luisa Ejercito Estrada ws one of the principal sponsors, and her staff provided the Inquirer with a draft of the new law. The law takes effect 15 days after it is published in full in at least two national newspapers. Moral decision At the Malaca�ang Ceremonial Hall, the President hailed the new law. "This law represents a moral decision because trafficking of women and children is immoral," she said. The Philippines has become a favored Asian destination of sex tourists from developed nations. The new law specifically adresses "sex tourism," which includes "sexual services and practices offered during rest and recreation periods for members of the military." Many Filipinos seeking the proverbial greener pastures abroad have ended up victims of unscrupulous traffickers. "This law is an affirmative action," Ms Macapagal said. "This law shows that women and children have rights to unique protection that is special to them, on top of the general provision of the criminal law." The law provides a maximum penalty of life imprisonment and a fine of up to P5 million. This maximum penalty will be applied in cases of "qualified trafficking": if the victim is a child; if he or she died or contracted AIDS; if the crime is committed by a syndicate; if the offender is related to the victim or is a member of the military or any law enforcement unit. Any person who buys or engages the services of trafficked persons for prostitution will likewise be penalized with six months' imprisonment and a fine of up to P50,000 for first-time offenders, the statement said. Mandatory provision The law also strengthens measures to protect victims, including mandatory provision of emergency shelters, counseling, free legal services and skills training. "Trafficking in women or children is immoral, even if the woman or child is paid," the President said at the signing ceremony. "By signing this law, we will show the world and ourselves that Filipinos know the difference between free trade and exploitative trade", she said. In another instance, she said: "We know how to keep our environment safe for women and children by protecting their welfare." The law applies to persons of either gender. Earlier this month, Immigration Commissioner Andrea Domingo ordered that all young Filipino women be questioned on departure form Manila, following reports that human trafficking syndicates and illegal recruiters have been using neighboring Bangkok to recruit women from the Philippines. The women end up working without proper documents in the Middle East and Africa, and some are lured into the sex trade, Domingo said. Many of the women leave as tourists for Bangkok, where they're met by recruiters and sent to countries such as Jordan and the Ivory Coast, Domingo said. She didn't provide numbers, however. The law also imposes tough penalties on members of media who violate the confidentiality provisions and on government employees and officials who "fail to observe the prescribed procedures" and thus allow the trafficking in persons. With reports form Reuters, AP, AFP. |
