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RA 9208

RA 9208. “ANTI-TRAFFICKING IN PERSONS ACT OF 2003”. WHAT IS TRAFFICKING.

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RA 9208

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  1. RA 9208 “ANTI-TRAFFICKING IN PERSONS ACT OF 2003”

  2. WHAT IS TRAFFICKING • The most used international law definition is the one contained in Article 3 of the UN Protocol – to PREVENT, SUPPRESS and PUNISH TRAFFICKING in Persons Especially Women and Children, supplementing the UN Conventions against Transnational Organized Crime 2000 and Art 4 of the Council of Europe Convention on action against Trafficking in Human Beings 2005: • “Trafficking in persons” shall mean a- recruitment d- harbouring or b- transportation receipt of persons c- transfer

  3. Others • e- threat or use of force or other forms of coercion • f- of abduction • g- of fraud, of deception • h- of abuse of power or of a position of vulnerability or of giving or receiving of payments or benefits to achieve the consent of a person having a control over another person, for the purpose of exploitation

  4. Exploitation shall include, at a minimum, the exploitation of the prostitution or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs; • Consent of victim is irrelevant

  5. Humans can be trafficked within their national borders or across the borders • Humans are frequently exploited in the sex industry, can be exploited by being used for running drugs, weapons, begging, petty theft, organ theft, for illegal adoption

  6. Problems • The task is not easy. Countries have different legal systems, different policing methods, different levels of resources available and different languages • Much of the “demand” is for sexual services • Victims do not always know that they will be exploited to provide sexual services

  7. INDICATORS • FALSIFICATION OF NAMES & AGES • TAMPERED BIRTH CERTIFICATES • TAMPERED PASSPORTS • EXPIRED OR FALSE LICENSES • FRAUDULENT or PROVISIONARY CONTRACTS • FALSE PROMISES OF WORK • USUALLY HERDED IN GROUPS

  8. Common Modus Operandi Used for International Trafficking • Fraudulent Documentation (falsifying, stealing & other methods of producing fake passports) • Tourist Arrangement (recruits entering other countries as tourists to work illegally) • Overseas Performing Artists (OPAS)-many women recruited under the guise of “overseas performing artists” but usually end up in the sex trade • Escort Services – Escorting tourists or workers to pass through airport and seaport immigration controls

  9. Remedies • Education • Counseling • Information Campaign • Legal System • Legal Support • Support from the government

  10. Use of Trafficked Persons • Any person who buys or engaged the services of trafficked persons for prostitution shall be penalized as follows: • A) First offense –six (6) months of community services as may be determined by the court and a fine of fifty thousand pesos (P50,000.00); and • B) Second and subsequent offenses – imprisonment of one (1) year and a fine of one hundred thousand pesos (P100,000.00).

  11. Prescriptive Period • Trafficking Cases shall prescribed in ten (10) years: Provided, however, that trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall prescribed in twenty (20) years.- Section 6. is about Qualified Trafficking in Persons.

  12. How to Help Victims • AVOID TREATING VICTIMS AS OFFENDERS; • BE SENSITIVE & FRIENDLY; • APPLICATION TO WITNESS PROTECTION PROGRAM; • SAFEHOUSING SERVICES; • VICTIMS COMPENSATION

  13. PREVENTION • CONDUCT EFFECTIVE PRE-DEPARTURE TRAININGS • CREATE TRANSPARENT OVERSEAS EMPLOYMENT POLICY • PROVIDE OVERSIGHT & TRAINING IN TRAFFICKING HOTSPOTS • ADDRESS CULTURAL ACCEPTANCE OF LOWER STATUS OF WOMEN • REDUCE DEMAND FROM ILLICIT SEX & PORNOGRAPHIC MATERIALS

  14. RIGHT BASE APPROACHED • SELF DETERMINATION • BEST INTEREST OF THE VICTIM • NON-DISCRIMINATION • CONFIDENTIALITY • PROTECTION SERVICES • LEGAL SERVICES

  15. HOTLINES • PORTS OF MANILA - (02) 242-0792 • SOUTHERN LEYTE - (0920) 561-1914 • BATANGAS - (043) 722-2408 • BACOLOD - (034) 709-3242 • MATNOG - (0917) 825-4042 • CEBU - (032) 238-2471 • NORTHERN SAMAR - (0919) 800-9529 • ILO-ILO - (033) 320-6200 • DAVAO - (082) 233-2500

  16. INTER-AGENCY COUNCIL AGAINST TRAFFICKING • Secretary, Department of Foreign Affairs; • Secretary, Department of Labor and Employment; • Administrator, POEA • Commissioner, Bureau of Immigration; • Chief, PNP • Chairperson, National Commission on the Role of Filipino Women (NCRFW); • Three representatives from NGO’s with proven record of involvement in the prevention & suppression of trafficking in persons.

  17. VON VOYAGE

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