Orientation ra 9208 ii

Human Trafficking in the Philippines and R.A. 9208

Human Trafficking in the Philippines and R.A. 9208

“Anti-Trafficking in Persons Act of 2003”“Anti-Trafficking in Persons Act of 2003”

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What is Human Trafficking?

Republic Act 9208

Anti-Trafficking in Persons Act of 2003

“AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES”

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TRAFFICKING IN PERSONS: Defined

TRAFFICKING IN PERSONS

a. Recruitment, transportation, transfer, harboring or receipt of persons

with or without consent or knowledgewithin or across national borders

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b. The recruitment, transportation, transfer involves:

threat or use of forcefraud or deceitviolencecoercionintimidationabuse of power or of positiontaking advantage of the vulnerability of a personthe giving or receiving of payments or benefits to

achieve the consent of a person having control over another person

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c. The recruitment, harboring, transportation, or receipt of a person is for the purpose of:

prostitutionother forms of sexual exploitationforced labor or servicesslavery / servituderemoval and sale of organs

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The recruitment, transportation, transfer, harboring, receipt of a child for the purpose of exploitation shall also be considered as trafficking in persons even if it does not involve any of the means set forth in the law

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Trafficking in Persons vs Human/People Smuggling

TRAFFICKING IN PERSONS

HUMAN SMUGGLING

Usually involves coercion

Usually does not involve coercion

Characterized by subsequent exploitation after the illegal entry of a person into a foreign country

Characterized by facilitating, for a fee, the illegal entry of a person into a foreign country

Considered a human rights issue

Considered a migration concern

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PUNISHABLE ACTS

Acts of trafficking in persons (Sec.4)Acts that promote trafficking in persons

(Sec. 5)Violation of Confidentiality (Sec. 7)Use of trafficked person for prostitution

(Sec.11)

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What are considered acts of Trafficking in Persons?

Sec. 4, R.A. 9208

1. Recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

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ACTS OFTRAFFICKING IN PERSONS (Sec. 4)

2. Introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under RA 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

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ACTS OFTRAFFICKING IN PERSONS (cont’d)

3. Offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage

4. Undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation

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5. Maintains or hires a person to engage in prostitution or pornography

6. Adopts or facilitates the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage

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7. Recruit, hire, adopt, transport or abduct a person by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person

8. Recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad

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What acts constitute promoting trafficking?

Sec. 5, R.A. 9208 Knowingly lease or sub-lease, use or allow to be

used any house, building or establishment for the purpose of promoting trafficking in persons

Produce, print and issue or distribute un-issued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting TIP

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ACTS PROMOTINGTRAFFICKING IN PERSONS (cont’d)

Advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet of any brochure, flyer or any propaganda materials that promote trafficking in persons

Assist in the conduct of misrepresentation or fraud for the purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting TIP

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ACTS PROMOTINGTRAFFICKING IN PERSONS (cont’d)

Facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of un-issued, tampered or fraudulent travel document for the purpose of promoting trafficking in persons

Confiscate, conceal, or destroy the passport, travel documents or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress the government of appropriate agencies

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ACTS PROMOTINGTRAFFICKING IN PERSONS

Knowingly benefit from, financial or otherwise, or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor or slavery

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What Acts constitute Qualified Trafficking?

When the trafficked person is a child

When adoption is effected through RA 8043 for the purpose of trafficking

When crime is committed by a syndicate or in a large scale.

When the offender is an ascendant, parent, sibling, guardian, or a person who exercises authority over a trafficked person or when offense is committed by a public officer or employee

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QUALIFIED TRAFFICKING IN PERSONS

When the trafficked person is recruited to engage in prostitution with any member of the military

When the offender is a member of the military or law enforcement agencies

When the trafficked person dies, becomes insane, suffers mutilation or is afflicted with HIV-AIDS.

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VIOLATION OF CONFIDENTIALITY (Sec. 7)

…The name and personal circumstances of the trafficked person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public.

In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer or director of a film in case of movie industry, or any person utilizing tri-media facilities or information technology to cause publicity of any case of trafficking in persons

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USE OF TRAFFICKED PERSONS

RA 9208 punishes any person who buys or engages services of a

trafficked person for prostitution

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Who are criminally liable for trafficking in persons?

Any person, natural or juridical, who commits any offense under R.A. 9208 may be punished for trafficking acts.

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Penalties, Sanctions and Prescriptive Periods

Act Penalty PPACTS OF TRAFFICKING 20 years imprisonment 10 years

and a fine of P1 - 2M

ACTS THAT PROMOTE 15 years imprisonment

TRAFFICKING a fine of P500,000 - 1M

QUALIFIED TRAFFICKING

Life imprisonment and a 20 years

fine of P2 - 5M for syndicated/

large scale

USE OF TRAFFICKED PERSON

First offense: 6 months community

service and a fine of P50,000

Second and subsequent offenses:

1 year imprisonment and a fine of

P100,000

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OTHER LEGAL REMEDIES

Civil action for damagesConfiscation and Forfeiture of the

Proceeds and InstrumentAdministrative action (Closure,

cancellation of permits, suspension or dismissal from the service)

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Who may file a complaint?

Any person who has personal knowledge of the commission of any offense under the law, the trafficked person, the parents, spouse, siblings, children or legal guardian

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May victims of trafficking in persons be punished under the law?

Trafficked persons shall be recognized as victims if acts of trafficking and shall not be penalized for crimes directly related to the acts of trafficking or for obeying order of traffickers. It doesn’t matter if the trafficked person consented to the intended exploitation.

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Where can trafficking in persons cases be filed?

VENUE OF CRIMINAL ACTION

The venue of the criminal action may either be at:where the offense was committed;where any of its elements occurred; orwhere the trafficked person actually resides at

the time of the commission of the offense

Provided, that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of other courts

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What is the procedure for filing cases for Trafficking in Persons?

Complainant files complaint

Police or other LEA Office of the Prosecutor

Docs w/c may be submitted include: affidavit of complaint, affidavits of witnesses, fraudulent employment contracts, passports

Files complaint w/ prosecutor

Conducts case (build-up) investigation

Preliminary Investigation

Files information w/ proper court Dismisses complaint

Is there probable cause?

NO YES

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SERVICES AND PROGRAMS FOR VICTIMS OF TRAFFICKING

Emergency Shelter or Appropriate Housing

Counseling

Legal Assistance under RA 8042

Medical and Psychological services

Livelihood and Skills training

Educational assistance to trafficked Children

Repatriation of trafficked Persons

All forms of assistance necessary regardless of immigration status in the host country

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Other Salient Provisions of the Anti-Trafficking in Persons Act :

Considers trafficked persons as victims rather than as offenders

Exempts trafficked persons from payment of filing feesRecognizes the right to privacy of trafficked persons

during investigation, prosecution and trialGives trafficked persons preferential entitlement under

the government’s Witness Protection ProgramProvides protection and assistance to trafficked

persons who are foreign nationalsMandates government agencies to establish and

implement preventive, protective and rehabilitative programs

Establishes a trust fund for programs Creates the Inter-Agency Council Against Trafficking

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THE INTER-AGENCY COUNCILAGAINST TRAFFICKING

Chairperson: Secretary, Department of Justice

Co-Chairperson: Secretary, Department of Social

Welfare and Development

Members:

Secretary, Department of Foreign Affairs

Secretary, Department of Labor and Employment

Administrator, Phil. Overseas Employment Administration

Director General, Philippine National Police

Commissioner, Bureau of Immigration

Chairperson, NCRFW

3 representatives from NGOs (one representative from women’s, children’s and OFWs’ sectors)

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FUNCTIONS OF THE IACAT Formulate comprehensive and integrated program for

the prevention of trafficking and protection of trafficked persons

Promulgate rules and regulations for effective implementation

Monitor and oversee the implementation of the law

Coordinate the programs and projects of various member agencies

Coordinate the conduct of massive info dissemination

Formulate a program for the reintegration of trafficked persons

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Memorandum of Agreement on Law Enforcement Cooperation and

Assistance in Combating Trafficking in Persons

The Parties:

Department of Justice (DOJ) Philippine National Police (PNP) Bureau of Immigration (BI) National Bureau of Investigation (NBI) Philippine Coast Guard (PCG) Philippine Ports Authority (PPA) Philippine Center on Transnational Crime (PCTC) Presidential Anti-Illegal Recruitment Task Force

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Cooperate in the prevention, investigation and prosecution of trafficking cases, and in the protection of trafficked persons through the setting-up of national and local task forces against trafficking especially in areas where there is high incidence of trafficking.

Cooperate in the prevention, investigation and prosecution of trafficking cases, and in the protection of trafficked persons through the setting-up of national and local task forces against trafficking especially in areas where there is high incidence of trafficking.

Objective

Organization and operationalization of national and local inter-agency law enforcement task forces.

Intelligence and information exchange.

Law enforcement efficiency and effectiveness.

Organization and operationalization of national and local inter-agency law enforcement task forces.

Intelligence and information exchange.

Law enforcement efficiency and effectiveness.

Areas of Cooperation

ROUTES OF HUMAN TRAFFICKING

Exit Point

Exit Point

Exit Point

Exit Point

Exit PointExit PointExit PointExit Point

AIRPORT

AIRPORT

ROUTES OF HUMAN ROUTES OF HUMAN TRAFFICKINGTRAFFICKING

BACKDOOR EXITBACKDOOR EXIT

Kudat, MalaysiaKudat, Malaysia

PALAWANPALAWAN

MANILAMANILA


MANILAMANILA

PALAWANPALAWAN

CAGAYAN DE OROCAGAYAN DE ORO

KOTA KINABALUKOTA KINABALU

TAWI-TAWITAWI-TAWI

SANDAKANSANDAKAN



ZAMBOANGAZAMBOANGA

BONGAOBONGAO

SANDAKAN SANDAKAN


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THE END

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Orientation ra 9208 ii

Documents

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