Orientation ra 9208 ii
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Orientation ra 9208 ii Presentation Transcript

  • 1. Human Trafficking in the Philippinesand R.A. 9208“Anti-Trafficking in Persons Act of 2003”“Anti-Trafficking in Persons Act of 2003”
  • 2. 22What is Human Trafficking?Republic Act 9208Anti-Trafficking in Persons Act of 2003“AN ACT TO INSTITUTE POLICIES TO ELIMINATETRAFFICKING IN PERSONS ESPECIALLY WOMENAND CHILDREN, ESTABLISHING THE NECESSARYINSTITUTIONAL MECHANISMS FOR THEPROTECTION AND SUPPORT OF TRAFFICKEDPERSONS, PROVIDING PENALTIES FOR ITSVIOLATIONS, AND FOR OTHER PURPOSES”
  • 3. 33TRAFFICKING IN PERSONS: DefinedTRAFFICKING IN PERSONSa. Recruitment, transportation, transfer,harboring or receipt of personswith or without consent or knowledgewithin or across national borders
  • 4. 44TRAFFICKING IN PERSONS: Definedb. The recruitment, transportation, transferinvolves:threat or use of forcefraud or deceitviolencecoercionintimidationabuse of power or of positiontaking advantage of the vulnerability of a personthe giving or receiving of payments or benefits toachieve the consent of a person having controlover another person
  • 5. 55TRAFFICKING IN PERSONS: Definedc. The recruitment, harboring,transportation, or receipt of a person isfor the purpose of:prostitutionother forms of sexual exploitationforced labor or servicesslavery / servituderemoval and sale of organs
  • 6. 66TRAFFICKING IN PERSONS: DefinedThe recruitment, transportation, transfer,harboring, receipt of a child for thepurpose of exploitation shall also beconsidered as trafficking in persons even ifit does not involve any of the means setforth in the law
  • 7. 77Trafficking in Persons vsHuman/People SmugglingTRAFFICKING INPERSONSHUMAN SMUGGLINGUsually involvescoercionUsually does not involvecoercionCharacterized bysubsequent exploitationafter the illegal entry of aperson into a foreigncountryCharacterized byfacilitating, for a fee, theillegal entry of a personinto a foreign countryConsidered a humanrights issueConsidered a migrationconcern
  • 8. 88PUNISHABLE 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)
  • 9. 99What are considered acts ofTrafficking in Persons?Sec. 4, R.A. 92081. Recruit, transport, transfer, harbor, provide, orreceive a person by any means, includingthose done under the pretext of domestic oroverseas employment or training orapprenticeship for the purpose of prostitution,pornography, sexual exploitation, forced labor,slavery, involuntary servitude or debt bondage
  • 10. 1010ACTS OFTRAFFICKING IN PERSONS (Sec. 4)2. Introduce or match for money, profit, ormaterial, economic or other consideration, anyperson or, as provided for under RA 6955,any Filipino woman to a foreign national, formarriage for the purpose of acquiring, buying,offering, selling or trading him/her to engagein prostitution, pornography, sexualexploitation, forced labor, slavery, involuntaryservitude or debt bondage
  • 11. 1111ACTS 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 laboror slavery, involuntary servitude or debtbondage4. Undertake or organize tours and travel plansconsisting of tourism packages or activities forthe purpose of utilizing and offering persons forprostitution, pornography or sexual exploitation
  • 12. 1212ACTS OFTRAFFICKING IN PERSONS (cont’d)5. Maintains or hires a person to engage inprostitution or pornography6. Adopts or facilitates the adoption ofpersons for the purpose of prostitution,pornography, sexual exploitation, forcedlabor, slavery, involuntary servitude ordebt bondage
  • 13. 1313ACTS OFTRAFFICKING IN PERSONS (cont’d)7. Recruit, hire, adopt, transport or abduct aperson by means of threat or use of force,fraud, deceit, violence, coercion, orintimidation for the purpose of removal orsale of organs of said person8. Recruit, transport or adopt a child toengage in armed activities in thePhilippines or abroad
  • 14. 1414What acts constitute promotingtrafficking?Sec. 5, R.A. 9208 Knowingly lease or sub-lease, use or allow to beused any house, building or establishment for thepurpose of promoting trafficking in persons Produce, print and issue or distribute un-issued,tampered or fake counseling certificates,registration stickers and certificates of anygovernment agency which issues these certificatesand stickers as proof of compliance withgovernment regulatory and pre-departurerequirements for the purpose of promoting TIP
  • 15. 1515ACTS PROMOTINGTRAFFICKING IN PERSONS (cont’d)Advertise, publish, print, broadcast or distribute, orcause the advertisement, publication, printing,broadcasting or distribution by any means, includingthe use of information technology and the internet ofany brochure, flyer or any propaganda materials thatpromote trafficking in personsAssist in the conduct of misrepresentation or fraud forthe purposes of facilitating the acquisition ofclearances and necessary exit documents fromgovernment agencies that are mandated to providepre-departure registration and services for departingpersons for the purpose of promoting TIP
  • 16. 1616ACTS PROMOTINGTRAFFICKING IN PERSONS (cont’d)Facilitate, assist or help in the exit and entry ofpersons from/to the country at international andlocal airports, territorial boundaries andseaports who are in possession of un-issued,tampered or fraudulent travel document for thepurpose of promoting trafficking in personsConfiscate, conceal, or destroy the passport,travel documents or personal documents orbelongings of trafficked persons in furtheranceof trafficking or to prevent them from leavingthe country or seeking redress the governmentof appropriate agencies
  • 17. 1717ACTS PROMOTINGTRAFFICKING IN PERSONSKnowingly benefit from, financial orotherwise, or otherwise, or make use of,the labor or services of a person held to acondition of involuntary servitude, forcedlabor or slavery
  • 18. 1818What Acts constituteQualified Trafficking? When the trafficked person is a child When adoption is effected through RA 8043 for thepurpose of trafficking When crime is committed by a syndicate or in alarge scale. When the offender is an ascendant, parent, sibling,guardian, or a person who exercises authorityover a trafficked person or when offense iscommitted by a public officer or employee
  • 19. 1919QUALIFIED TRAFFICKING IN PERSONS When the trafficked person is recruited to engage inprostitution with any member of the military When the offender is a member of the military orlaw enforcement agencies When the trafficked person dies, becomes insane,suffers mutilation or is afflicted with HIV-AIDS.
  • 20. 2020VIOLATION OF CONFIDENTIALITY (Sec. 7)…The name and personal circumstances of thetrafficked person or of the accused, or any otherinformation tending to establish their identities and suchcircumstances or information shall not be disclosed tothe public.In cases when prosecution or trial is conducted behindclosed doors, it shall be unlawful for any editor,publisher, and reporter or columnist in case of printedmaterials, announcer or producer in case of televisionand radio, producer or director of a film in case of movieindustry, or any person utilizing tri-media facilities orinformation technology to cause publicity of any case oftrafficking in persons
  • 21. 2121USE OF TRAFFICKED PERSONSRA 9208 punishes any person whobuys or engages services of atrafficked person for prostitution
  • 22. 2222Who are criminally liable fortrafficking in persons?Any person, natural or juridical, whocommits any offense under R.A. 9208may be punished for trafficking acts.
  • 23. 2323Penalties, Sanctions and Prescriptive PeriodsAct Penalty PPACTS OF TRAFFICKING 20 years imprisonment 10 yearsand a fine of P1 - 2MACTS THAT PROMOTE 15 years imprisonmentTRAFFICKING a fine of P500,000 - 1MQUALIFIED TRAFFICKINGLife imprisonment and a 20 yearsfine of P2 - 5M for syndicated/large scaleUSE OF TRAFFICKED PERSONFirst offense: 6 months communityservice and a fine of P50,000Second and subsequent offenses:1 year imprisonment and a fine of
  • 24. 2424OTHER LEGAL REMEDIESCivil action for damagesConfiscation and Forfeiture of theProceeds and InstrumentAdministrative action (Closure,cancellation of permits, suspension ordismissal from the service)
  • 25. 2525Who may file a complaint?Any person who has personal knowledgeof the commission of any offense underthe law, the trafficked person, the parents,spouse, siblings, children or legalguardian
  • 26. 2626May victims of trafficking in personsbe punished under the law?Trafficked persons shall be recognized asvictims if acts of trafficking and shall notbe penalized for crimes directly related tothe acts of trafficking or for obeying orderof traffickers. It doesn’t matter if thetrafficked person consented to theintended exploitation.
  • 27. 2727Where can trafficking in personscases be filed?VENUE OF CRIMINAL ACTIONThe venue of the criminal action mayeither be at:where the offense was committed;where any of its elements occurred; orwhere the trafficked person actually resides atthe time of the commission of the offenseProvided, that the court where the criminalaction is first filed shall acquire jurisdictionto the exclusion of other courts
  • 28. 2828What is the procedure for filingcases for Trafficking in Persons?Complainantfiles complaintPolice or other LEA Office of the ProsecutorDocs w/c may be submitted include:affidavit of complaint, affidavits ofwitnesses, fraudulent employmentcontracts, passportsFiles complaint w/prosecutorConducts case (build-up) investigationPreliminary InvestigationFiles informationw/ proper courtDismisses complaintIs there probable cause?NO YES
  • 29. 2929SERVICES AND PROGRAMS FORVICTIMS 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 ofimmigration status in the host country
  • 30. 3030Other Salient Provisions of theAnti-Trafficking in Persons Act :Considers trafficked persons as victims rather than asoffendersExempts trafficked persons from payment of filing feesRecognizes the right to privacy of trafficked personsduring investigation, prosecution and trialGives trafficked persons preferential entitlement underthe government’s Witness Protection ProgramProvides protection and assistance to traffickedpersons who are foreign nationalsMandates government agencies to establish andimplement preventive, protective and rehabilitativeprogramsEstablishes a trust fund for programsCreates the Inter-Agency Council Against Trafficking
  • 31. 3131THE INTER-AGENCY COUNCILAGAINST TRAFFICKINGChairperson: Secretary, Department of JusticeCo-Chairperson: Secretary, Department of SocialWelfare and DevelopmentMembers:Secretary, Department of Foreign AffairsSecretary, Department of Labor and EmploymentAdministrator, Phil. Overseas Employment AdministrationDirector General, Philippine National PoliceCommissioner, Bureau of ImmigrationChairperson, NCRFW3 representatives from NGOs (one representative fromwomen’s, children’s and OFWs’ sectors)
  • 32. 3232FUNCTIONS OF THE IACAT Formulate comprehensive and integrated program forthe prevention of trafficking and protection oftrafficked persons Promulgate rules and regulations for effectiveimplementation Monitor and oversee the implementation of the law Coordinate the programs and projects of variousmember agencies Coordinate the conduct of massive info dissemination Formulate a program for the reintegration of traffickedpersons
  • 33. 3333Memorandum of Agreement on LawEnforcement Cooperation and Assistance inCombating Trafficking in PersonsThe 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
  • 34. 3434Cooperate in the prevention, investigation andprosecution of trafficking cases, and in the protection oftrafficked persons through the setting-up of nationaland local task forces against trafficking especially inareas where there is high incidence of trafficking.ObjectiveOrganization and operationalization of national andlocal inter-agency law enforcement task forces.Intelligence and information exchange.Law enforcement efficiency and effectiveness.Areas of Cooperation
  • 35. ROUTES OF HUMAN TRAFFICKINGExit PointExit PointExit PointExit PointExit PointExit PointExit PointExit PointAIRPORTAIRPORT
  • 36. ROUTES OF HUMAN TRAFFICKINGROUTES OF HUMAN TRAFFICKINGBACKDOOR EXITBACKDOOR EXITKudat, MalaysiaKudat, MalaysiaPALAWANPALAWANMANILAMANILA
  • 37. ROUTES OF HUMAN TRAFFICKINGROUTES OF HUMAN TRAFFICKINGMANILAMANILAPALAWANPALAWANCAGAYAN DE OROCAGAYAN DE OROKOTA KINABALUKOTA KINABALUTAWI-TAWITAWI-TAWISANDAKANSANDAKANBACKDOOR EXITBACKDOOR EXIT
  • 38. ROUTES OF HUMAN TRAFFICKINGROUTES OF HUMAN TRAFFICKINGZAMBOANGAZAMBOANGABONGAOBONGAOSANDAKANSANDAKANBACKDOOR EXITBACKDOOR EXIT
  • 39. 39THE END39