GMA inks tough Anti-Trafficking Law

Philippine Daily Inquirer
Tuesday, May 27, 2003
By John Nery and Michael Cucio
PDI Research

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 Malacañang 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.