Philippine Guidelines on Human Rights Standards for the Trafficked Child

1. Philippine Guidelines on Human Rights Standards for the Trafficked Child

2. Who is the Child? • A child is any person under eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition.

3. What is Child Trafficking? • Child trafficking is the: • Recruitment, transportation, transfer, harbouring or receipt of a child • use in illicit or illegal activities

4. participation in armed conflict • adoption • marriage that ends in the exploitation of the child

5. for the purpose of • exploitation, within or outside a country, • child prostitution, • child pornography and other forms of sexual exploitation

6. child labour, • forced labour or services, • slavery or practices similar to slavery, • servitude, • removal and sale of organs

7. What is a Trafficked Child EntitledTo? • A trafficked child has the right to full respect and exercise of his/her survival, protection and participation, as recognized under the Convention on the Rights of the Child. The best interests of the child shall be the primary consideration in all actions concerning a trafficked child.

8. “Best interests” of the child means… • The totality of the circumstances and conditions most favourable to the survival, protection and feelings of security of the child, and are most encouraging to his/her physical and emotional development. It also means finding and adopting the least detrimental alternative for protecting and supporting the child.

9. A trafficked child has rights, too

10. Right to Non-discrimination • a trafficked child has the right to the same protection and the rights in the country or place of origin, transit and destination regardless of status, nationality, race, color, gender, language and cultural ethnic and religious beliefs.

11. Right to self-expression • A trafficked child can and should be allowed to freely express his/her views in all matters affecting him or her.

12. Right to Information • A trafficked child has to have access to information about all matters affecting him or her. Right to Confidentiality • The privacy and identity of the trafficked child shall always be protected.

13. Respect for the Child’s Ethnic, Cultural and Faith or Religious Identity • Measures shall be undertaken to have an enabling environment for the practice or exercise of the child’s ethnic, cultural and religious beliefs.

14. Responsibility of the State • Take positive action to combat child trafficking and protect and assist trafficked children • Put in place appropriate legislative, judicial and other measures to protect and assist trafficked children

15. Allocate the necessary annual budget to ensure support for trafficked children to protect them from traffickers’ reprisal and their access to health/psychosocial support

16. Provide necessary resources to implement capacity building programs for service providers and launch public information campaigns. • Take pro-active measures to protect service providers.

17. Establish practicable measures to protect children during and after emergency situations that increase their vulnerability. • Exert effort to enter into extradition treaties and other bilateral or multilateral agreements to enhance prevention of trafficking and protection of trafficked children.

18. Specific guidelines • Upon identification of a trafficked child or even possibly trafficked child, any person should immediately contact the: • Department of Social Welfare and Development (including any of its office in your local area); • Non-government Organization (NGO) licensed or accredited by the DSWD to assist a trafficked child; • Parents or guardian of the child.

19. Determine whether the person is a child through the following: • His/her birth documents • Biometric data • Baptismal certificate • Identification cards (including school ID) • School records, medical or dental records acquired with the child’s consent • A statement from the person affirming he/she is a child • Physical appearance

20. Other legally recognized documents attesting to the birth or age of the trafficked person, including documentation of cultural or religious practice reflecting his/her age • If the age of the person can’t be verified immediately, he/she shall be considered a child and given special protection stated in the Philippine Guidelines

21. Specific guidelines on initial contact/action • Always ensure that the right to privacy of the trafficked child is protected; there should always be caution against media exposure and interviews. • To ensure his/her security, the trafficked child whereabouts should be kept confidential. • Immediately removed the trafficked child from the place where he/she has been found and bring him/her to a safe location, preferably with a social worker.

22. The police station or detention center is not the safe place for the child. • At no time should the trafficked child be placed in the same room or in direct contact with the suspected traffickers. • The law enforcement officer should assist the trafficked child in retrieving his/her personal belongings

23. Conducting an interview with the trafficked child • A law enforcer interviewing a trafficked child has to ensure that the following special protection measures are given to the child: • Conduct the interview in a language easily understood by the child; • Provide a qualified interpreter/translator if the child needs one; • Talk to the child in the presence of a social worker, parent/guardian or trusted adult he/she chose;

24. During the interview, the child should be in a child-friendly environment and his/her privacy should at all times be respected; • If a video camera or tape recorder will be used, the trafficked child, his/her parent/guardian or social worker should have agreed; and • When the interview is over, the child has to be immediately turned over to the custody of the parent/guardian, social worker or accredited NGO.

25. Providing interim care and support to trafficked child • Healing and recovery are the primary objective of this interim care. • Immediate counselling and psycho-social services should be made available. • Additional support such as legal aid and trainings in vocational skills and other forms of education should be provided. • The trafficked child and his/her family should have access to appropriate services provided by mandated and relevant government agencies.

26. Trafficked children with special needs, such as pregnant children, children with disabilities and those with mental or health concerns should receive protection and assistance appropriate for their conditions.

27. What is a safe environment for the trafficked child • A trafficked child should not be placed in detention centers, prison cells or other detention facilities for children/adults, including within military bases. He/ she should not be in the private custody of law enforcement authorities. • A shelter, home, or crisis centers should: • Not resemble jails or serve as detention centers;

28. Improve facilities to suit the trafficked child’s needs; • Have well-trained, competent staff, including social workers trained in case management and the running of facilities for children; and • Consider the gender of the staff vis-a-vis the needs and condition of the trafficked child.

29. Trafficked children who are not residents or national of the Philippines are also entitled to interim care and protection • They are not to be treated as illegal migrants. • If they do not have legal documentation, they will be assisted by pertinent government agencies to immediately secure legal status.

30. Examples of these legal documents are temporary visa and other visa arrangements. • They are to be exempted from all government fees and charges normally required in obtaining legal status

31. Filipino children trafficked abroad should also receive care and support • In the case of children born abroad to trafficked Filipinos, the Department of Foreign affairs (DFA) will facilitate the issuance of the children’s certificate of birth registration. It shall also negotiate with the host country for the regularization of stay of the trafficked children and obtain highest possible level of protection for them.

32. For a trafficked child in the Philippines who is not a resident/national…. • The DFA will inform the nearest embassy/consulate of the trafficked child’s country of origin about the child’s situation unless he/she wants to claim refugee status in the Philippines. • The trafficked child of foreign citizenship is entitled to appropriate services and other types of assistance from the DSWD

33. Whenever possible, the country or origin of the trafficked child of foreign citizenship will cover the costs of repatriation from the Philippines. If it is not financially possible for the country of origin, the Philippines with assistance from international organizations shall provide assistance.

34. For a Filipino trafficked child in another country… • In coordination with the DfA, the Philippine embassy or consulate in the country where the Filipino trafficked child is found will facilitate the immediate repatriation of said child. • If it were in the best interest of the child to be returned to the Philippines, the embassy or consulate shall immediately provide child travel documents and work with the DSWD for his/her safe return to the country.

35. But if repatriating him/her will put the child at greater risk, the DFA shall negotiate with the host government for extension of residence permits for the child, or the Philippine embassy/consulate will provide the child with temporary shelter and the assistance he/she needs. • It is the continuing responsibility of the Philippine embassy/consulate in the country where the Filipino trafficked child is found to monitor his/her condition and status, until he/she gets repatriated

36. Managing the case of a trafficked child • Case assessment is handled by a social worker with intensive training in child protection. • A multi-disciplinary team oversees the development of the management intervention plan for each child. This same team ensures the implementation of the plan. • This plan considers the preservation and integrity of the trafficked child’s ethnic, cultural, faith-based and religious identity.

37. If it were in the child’s best interests, reuniting him/her with the family in his/her country or place of origin becomes an important task of the social worker handling the case. • In the case of cross-border trafficking, the embassy or consulate in the Philippines of the trafficked child with foreign nationality will be contacted unless the child claims refugee status. • To ensure the long-term safety of the trafficked child, continuous risk management should be put in place.

38. Access to justice

39. What to Do During Criminal Proceedings • Fully inform the trafficked child at all times of the risks as well as advantages associated with a criminal proceedings; this must be done in a language he/she understands.

40. Give the child the time he/she needs in deciding whether to cooperate or not; when he/she decides to do so, get his/her statement in the soonest possible time. • Important information shall be given to the child that the suspect, arrested without warrant, may be allowed to go without his/her statement, but this should not be used to coerce the child to talk if she/he is not ready

41. Other Guidelines During Criminal Proceedings • The lack of statement from the child victim should not prevent the law enforcers from continuing with its investigation, surveillance and evidence gathering. • The filing of case should not be a hindrance to the child’s reunification with his/her family.

42. At all stages of the criminal proceedings , the trafficked child should be provided with free and competent legal representation. The DOJ shall establish mechanism for this kind of support in cooperation with the Commission on Human Rights (CHR), Integrated Bar of the Philippines (IBP), NGOs and other volunteer groups.

43. For the part of the State, it shall consider the confiscation, freezing and forfeiture of the assets of the trafficker/s so that the proceeds of the sale of such property maybe used for the payment of compensation or outstanding liabilities to the trafficked child.

44. The trafficked child and his/her parents/guardian should be informed of possibilities to claim compensation from the damage resulting from being trafficked • Civil actions are impliedly and simultaneously instituted in the criminal case. In such a case, the prosecutor serves as legal counsel for the trafficked child.

45. The victim and witness protection • Special protection measures should be put in place to ensure the safety of the victim-turned-witness and that of his/her family or of other persons significant to him/her. • Social workers, law enforcers and prosecutors must inform the trafficked child of the Witness Protection, Security and Benefit Program and when applicable, assist the child in applying for coverage in the program.

46. Social workers, law enforcers and prosecutors must also inform the trafficked child that he/she may apply for compensation with the Board of Claims, within six (6) months from the date of the trafficking incident. • The right of the trafficked child to privacy should be protected and respected at all times during the investigation and trial.

47. Law enforcers, prosecutors and other judicial authorities, and service providers should ensure the confidentiality of the proceedings. • The media should be informed to strictly observe the trafficked child’s right to privacy and confidentiality.

48. Under the guideline on victim and witness protection, the following shall be the State’s role: • Ensure the proper implementation of special court procedures sensitive to the needs of the trafficked child, such as the taking of depositions, admission of video-taped interviews, testimony through closed circuit television, with the aim of minimizing the child’s physical presence in the court room and/or confrontation with the trafficker/s during trial.

49. Establish more Family Courts with facilities friendly and/or sensitive to the trafficked child’s situation. • Work towards resolving and deciding on the cases as expeditiously as possible.

50. Identification of long –term solutions • The most appropriate long –term solution from the trafficked child will be identified and worked on by the handling social worker, in coordination with the local social welfare and development officer in the place of origin, and non-government organizations in both places of origin and destination, and in consultation with the child’s family.