PROTECTION AND SUPPORT TO VICTIMS OF HUMAN

TRAFFICKING IN THE PHILIPPINES

( by SSP Deana P. Perez, NPS-DOJ )

R. A. 9208 (Anti-Trafficking in Persons Act of 2003)

• protection and support to trafficked persons duty of prosecutors to respect rights of trafficked persons

• punishment of traffickers

Two Major Convictions

• Pp. vs Lalli et. al. for qualified trafficking; three accused sentenced to two counts of life imprisonment and fined 2.5M Php

• Pp. vs. Tongco et. al. for qualified trafficking; two accused sentenced to four counts of life imprisonment and fined 2M Php

• In both cases, victims were given maximum protection and support.

Legal Protection to Trafficked Persons

• trafficked persons as victims ; not to be penalized

• consent of the trafficked persons is irrelevant

• law enforcers and prosecutors not to file cases or threaten to file cases against trafficked persons

• counter charges to be dismissed

• victims must not be denied or threatened with denial of other modes of protection, support and services .

Confidentiality

• Section 7 of R. A. 9208 - law enforcers, prosecutors, judges, court personnel, medical practitioners, parties, to recognize the right to privacy of trafficked persons

• applies at any stage of the investigation, prosecution and trial

• covers the name and personal circumstances of the trafficked person and other information tending to establish his/her identity

• closed door investigation, if necessary; media or any person is prohibited from causing publicity

• penal clause in case of violation

Free Legal Services to Trafficked Persons

• right to be informed re free legal services• includes information about their rights as

victims, procedure in filing complaints, claiming compensation and other remedies

• in a language understood by them.• victims must be apprised before deciding to

file a case about the risk involved, the nature of the proceedings, the role as witnesses, etc.

Witness Protection

Section 18 of R. A. 9208 - trafficked persons have preferential entitlement under the Witness Protection, Security and Benefit Program established under R A. 6981

Benefits: security protection, immunity from prosecution, financial assistance, housing facility, traveling expenses, subsistence allowance, medical treatment, assistance in obtaining livelihood, security from removal or demotion in work due to absences caused by being witnesses and in case of the death, burial benefits and free education to minor children.

Qualifications: knowledge and information of a trafficking offense, have testified or about to testify, testimony to be used in a trafficking or a related criminal offense; testimony can be corroborated in its material points; trafficked persons and or family subjected to threats or injury or a likelihood that they will be killed, forced intimidated, harassed or corrupted to prevent them from testifying.

cont.: Witness Prote...

• responsibilities of the witness: to testify in the trafficking case, avoid the commission of a crime, avoid detection of others of the protection provided by the Program, cooperate with reasonable requests of those providing the protection, report their activities and addresses and comply with legal obligations and civil judgements.

cont.: Witness Prote...

Victim Compensation

• R. A. 7309 creating the Board of Claims - trafficked persons who are victims of violent crimes entitled to compensation

• maximum amount of P10, 000.00.• violent crimes - rape and other offenses committed with

malice which resulted in death or serious physical and or psychological injuries, permanent incapacity or disability, insanity, abortion, serious trauma, or committed with torture, cruelty or barbarity

• claims to be filed within six months from the date they suffered damage or injury

Other Important Services

• emergency/temporary shelter

• counseling

• medical and psychological services

• livelihood and skills training

• educational assistance to minors

Special Prosecutors and Law Enforcement Units

• Prosecution Task Force of the Department of Justice

• Women and Children Complaint Desk of the Philippine National Police

• Anti-Human Trafficking Division of the National Bureau of Investigation

Protection and Support in the Rescue within the Country

• rescue by law enforcement agency

• with the local government units, Dept. of Social Welfare and Development and Dept. of Labor

• full protection of rights of victims

• referral to special law enforcement units trained to handle trafficking victims

• investigation in child-friendly and gender-sensitive manner and environment

• Rule on the Examination of Child Witnesses to be observed

• victims turned over to the Dept. of Social Welfare and Development for other services

Rescue/Recovery and Repatriation of Victims Abroad

• Embassies and consulates to provide protection and support

• with the Philippine Overseas Labor Office or the Filipino Workers Resource Center and the Office of Social Welfare Attaché

• One Country Team Approach • Coordination with the law enforcement agency of

the host country• victims considered “Overseas Filipinos in

Distress” entitled to Legal Assistance Fund

• funds for repatriation • temporary shelter and other forms of assistance• escort for victims requiring special care• met upon arrival in the Philippines by a team from

the Dept. of Social Welfare and Development, Dept. of Health, Joint Task Force against TIP

• to be offered psychological and medical examination, protective custody, emergency shelter, assistance in filing a complaint, etc.

Some Immediate Plans to Enhance Victim Support

• Anti-TIP Task Force in airports and seaports

• standby funds for medical expenses of victims

• quick response hotline

• fast and efficient referral system