BEST EXPERIENCE IN THE USE OF NATIONAL LEGISLATION TO COMBAT ONLINE CHILD SEXUAL EXPLOITATION

1. BEST EXPERIENCE IN THE USE OF NATIONAL LEGISLATION TO COMBAT ONLINE CHILD SEXUAL EXPLOITATION ATTY. JO-ANN SUAREZ-PABRIAGA Children’s Legal Bureau, Inc

2. CHILDREN’S LEGAL BUREAU “The right of every child is our concern”

3. VISION A just world for children.

4. MISSION CLB is committed to empower communities to promote justice for children through legal assistance, training and advocacy

5. MAIN PROGRAMS Laban Bata

6. MAIN PROGRAMS Focuses on prosecution of child abuse and exploitation, investigation and rescue of exploited children, trainings for prosecutors, judges, police, social workers and the community, policy development and advocacy and networking.

7. MAIN PROGRAMS Child’s Rights Protection Unit (CRPU)

8. MAIN PROGRAMS • Organizes the five pillars of justice in selected areas as a mechanism for the prevention of child abuse/exploitation and CICL and coordinated intervention in cases of child abuse/exploitation and CICL. CRPUs have been organized in 12 municipalities/cities of Cebu.

9. CRPU AREAS Lapulapu City, Danao City, Minglanilla, Compostela, City of Naga, Balamban, Mandaue City, Talisay City, Cordova New Areas: Toledo City, Argao and Moalboal

10. FUNDING PARTNERS

11. Emerging Problem Child Sex Tourism (CST)

12. C • Cebu is known to be one of the top five areas for child prostitution and sex tourism in the country. • In a research conducted in Cebu in 2004, all the taxi drivers surveyed responded that they had had an encounter with a foreign tourist accompanied by a Filipino minor. • Interviews conducted in a drop-in centre for victims of commercial sexual exploitation (CSE) showed that 70 % of the girls assisted were aged between 11 and 17 years. • Cebu is a prime tourist destination in the Philippines, and is advertised on websites providing information on where sex services are available. (Source: ECPAT) E B U

13. Emerging Problem Child Cyber-Pornography

14. National Level…. • Passage of several laws: • R.A. 7610 Child Protection Act (punishes child prostitution) • R.A. 9208 Anti-Trafficking in Persons Act • R.A. 9775 Anti-Child Pornography Law

15. PROBLEMS/LIMITATIONS BEFORE R.A. 9775 WAS PASSED • Only those who used/employed children can be prosecuted under R.A. 7610. • It excludes those who publish, access, transmit, sell, distribute, etc,. child pornographic materials

16. PROBLEMS/LIMITATIONS BEFORE R.A. 9775 WAS PASSED • Under the Revised Penal Code of the Philippines, publication is punished but it is a too general definition under obscene publication.

17. Anti-Child Pornography Act of 2009 ( R.A. 9775) • Answers the lack of a law of the Philippines to combat online sexual exploitation of children

18. Anti-Child Pornography Act of 2009 ( R.A. 9775) • Child Pornography- refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities

19. Anti-Child Pornography Act of 2009 ( R.A. 9775) • Explicit Sexual Activity- includes actual or simulated 1) As to form: (i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex

20. Anti-Child Pornography Act of 2009 ( R.A. 9775) (2) bestiality; (3) masturbation; (4) sadistic or masochistic abuse; (5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or (6) use of any object or instrument for lascivious acts

21. HOW THE LAW WAS USED/ MAXIMIZED? • Advocacy for Prevention • Capacity building activities. • Advocacy activities and information dissemination. • The CRPU areas supported the campaign led by TDH (Project Redirect) by passing resolutions in support of the campaign and joining the walk against child pornography. • Ordinances to regulate internet café were passed. Some areas are also contemplating of passing ordinances to regulate internet in the homes.

22. HOW THE LAW WAS USED/ MAXIMIZED? • The Child Protect Movement (CPM)launched by CLB in August 2011 • The formation of a network against Child Sex Tourism include the issue of child pornography as part of CST as well. ( Cebu Against Child Sex Tourism) • CLB is also part of the Campaign led by Terre des Hommes against child pornography which culminated in the Day to Stop Child Cyber pornography, “Subgo Lihok Batok Pornograpiya” on August 1, 2012

23. HOW THE LAW WAS USED/ MAXIMIZED? • Case Filing and Litigation

24. HOW THE LAW WAS USED? The CORDOVA Experience • The Municipality of Cordova is located in the 6th district of the Cebu Province in the Philippines. • The mainland of Cordova lies on a separate island, in front of the south side of Mactan Island It is connected to the main island of Mactan over three bridges. • Its territorial area comprises some 740.86 hectares (1,830.7 acres) land mass and 48.75 hectares (120.5 acres) of islets • The total population in Cordova is 50,353 ( based on the 2012 census) • Regarded as a 3rd class municipality ( average annual income of Php30Million or more but less than Php40 Million

25. The Cordova Experience • Cordova is a sleepy town, known for its local product “bakasi” or salt-water eel, which preparation in its shores attracts local tourists excited over this exotic food offering. • There are no big commercial establishments in this locality, in sharp contrast to its neighboring cities – Cebu City across shore and the adjacent Lapu-lapu City. There are also no known controversial issues, save for the purportedly thriving drugs trading, which are likewise known in other towns.

26. The Cordova Experience • Three (3) areas were identified as “hotspots” • “SHOW” or popularly labelled as CYBERSEX.

27. The Cordova ExperienceCASE 1 • A poor family buys a computer set on installment, get an internet connection, and set it up in a private area in the house. There is at least one operator conversant with the use of the computer, and who is usually the one who has a foreigner contact, claimed to be a boyfriend. • The operator would chat with this foreigner contact as their viewer-client, who directs the ‘show’ telling the performer what to do and what part to undress; If the foreigner wants variety, he can order for children of any age. The neighbourhood children are recruited to do the ‘show’.

28. The Cordova ExperienceCASE 1 • In the “show”, the children are asked to show/exhibit their breasts, genitals, buttocks, breasts, pubic area and/or anus. • They are also asked to insert a “toy” ( dildos) inside their anus or genitals and lick each other in those private areas • The foreigner pays through local money transfer. The operators are usually paid $50-$200 depending on the length of the show. That is around P1,200-P8,000, which is quite a lot of money for a single day’s work. The children are paid P50-200.00 by the operator.

29. The Cordova ExperienceCASE 1 • Through the help of the three minors who were victims of their neighbors, we were able to file a case for child pornography and child abuse against the respondents. • The perpetrators are all in jail while the case is pending in court. • The children were housed in a safe and secure shelter and received pyscho-social interventions

30. The Cordova ExperienceCASE 2

31. The Cordova ExperienceCASE 2

32. The Cordova Experience • CASE 1 versus CASE 2 • Commonalities • Differences

33. LEARNINGSThe Cordova Experience • The Cordova experience is proof that with community awareness of the law/s protecting children and local cooperation, the community can help fight against cybersex and prevent the promotion of local children as tourism come-ons within our respective jurisdiction.

34. SUCCESSES • Awareness created among the five pillars of justice • Support of the local government units, the police, and the social welfare officer • Community whose awareness was raised

35. CHALLENGES • Lack of support from some police forces and some agencies • Problem with the parents or the complainants themselves who sometimes lose the heart in continuing with the case • Problem in prosecuting the case especially if the parents are the perpetrators

36. IMPORTANCE OF THE LAW • Advocacy is strengthened • Cases can be filed and hopefully set this as deterrent to future perpetrators.

37. THANK YOU!!!!