FREE ELECTRONIC LIBRARY - Online materials, documents

Pages:   || 2 | 3 |


-- [ Page 1 ] --




Hon. Severino H. Gaña, Jr.*


Today, there are over eight million overseas Filipinos in 197 countries and territories, representing 10%

of the total Philippine population. These are either regular migrants or temporary residents abroad whose stay overseas is employment-related and who are expected to return at the end of their work contracts. The majority of Filipinos living abroad are those who are temporary residents.

Filipino temporary residents abroad are either legal workers or irregular workers. At present, there are about 1.8 million Filipinos who are considered irregular workers. These are people who are not properly documented, people who do not have valid work permits, or people who are overstaying workers.

The increasing trend in Filipino migration is the result of surplus labour which cannot be absorbed by labour infrastructures in the country and the constant overseas demand for skilled Filipino labour. The advent of globalization, rapid advancement in technology and financial instruments, and the desire of Filipinos to go abroad opened up an opportunity for human trafficking syndicates to develop cross-border networks for exploitation.

This presentation highlights the extent of the problem of human trafficking in the Philippines, the government initiatives taken to address the problem, and the projections for this transnational crime.


The Philippines is considered both as a source and destination country. It also serves as one of the major trans-shipment points for trafficked/smuggled persons to be sent to other countries.

A. The Philippines as a Source Country Since the 1970s, the Philippines has been providing other countries with labour in various fields. As a result, there has been a consistent annual growth in the trend of Filipino migration. Consolidated reports coming from different government agencies reveal a 2% growth rate in overseas Filipinos from 7,412,086 in 2001 to 7,582,504 in 2002 to 7,763,178 in 2003. In 2004, the number of Filipino migrants jumped to 8,083,815.

8,200,000 8,083,815 8,000,000 7,800,000 7,763,178 OFW 7,600,000 7,582,504 7,400,000 7,412,086 7,200,000 7,000,000 * Assistant Chief State Prosecutor, Department of Justice, Philippines.

–  –  –

1. Top Countries of Destination The Philippine Center on Transnational Crime (PCTC) has identified the top ten destinations of

Overseas Filipino Workers (OFWs):

–  –  –

Reports show that 20% of the total overseas Filipino workers around the world are deployed in Asia.

Records also indicate that a majority of Filipinos are deployed in Malaysia and Japan.

–  –  –

Within Asia, the top five countries with the highest numbers of irregular workers are the following: (1) Malaysia (2) Singapore (3) Japan (4) South Korea and (5) Taiwan. Malaysia recorded the most number of irregular workers with some 300,000 followed by Singapore with about 72,000. Malaysia is most attractive to human traffickers because of its proximity to the Philippines through Mindanao Island.

–  –  –

3. The Philippines as a Destination Country Although the Philippines is largely considered a source country, it also attracts some foreigners to its shores. To date, there are 36,150 foreign nationals working and residing in the Philippines.

Because of its porous borders, human traffickers find it easy to bring their victims into the country. For years, the country has been identified as a destination for victims from the People’s Republic of China (PRC), India, Malaysia, Indonesia, Russia and some central and eastern European countries.

As a related matter, confirmed intelligence reports show that undocumented foreign nationals are working in the country as illegal traders, entertainers and commercial sex workers. The Philippines is emerging as a favoured haven for foreign fugitives. There have been numerous arrests of fugitives within the Philippine jurisdiction.

4. The Philippines as a Trans-shipment Country With the perception that border controls in the Philippines allow easier entry, trafficking syndicates use the country as a trans-shipment point. They usually utilize tourist visas or tampered documents to facilitate entry into the Philippines. After staying for some time in the country, victims are transported to more lucrative destination markets. Aside from using airports, syndicates also travel to the southern part of the country such as Zamboanga City, Tawi-Tawi, Davao City and Palawan to take advantage of the backdoor route to other countries.

–  –  –

A. Illegal Recruitment This mode of trafficking is used by individuals posing as recruiters and projecting themselves as representatives or sales agents of a bogus recruitment agency authorized to recruit and deploy foreign workers to other countries.

A case in point is the trafficking of women to Malaysia. Victims are promised an expense-free recruitment process that includes air tickets, passport processing, placement fee and miscellaneous fees with the assurance that work permits will be issued at the country of destination. Once the victims are already transported, most are sold to prostitution dens and they begin to incur sky-rocketing debts leaving them no choice but to go out and render sexual services to customers (another way of forced prostitution) to pay said debts.

B. Illegal Migration This is usually committed by organized crime groups victimizing Filipino nationals who desire to permanently live or work abroad. The syndicate is presumed to receive large sums of money from prospective recruits ranging from PHP60,000 to PHP300,000 (Philippine Pesos).

C. Mail Order Brides This mode involves foreigners who are either married to Filipinos or those who have contacts here in the Philippines as prime recruiters. The recruiters target young, single and good-looking women who are then paired off with foreigners. Pictures of said women are published through travel and tour agencies and the Internet.

D. Foreign Training or Internship This is a legitimate means of going out of the country but most people who avail of this programme refuse to return home and instead prolong their stay in a particular country to work with the hope of legitimizing their stay therein.

E. Religious Pilgrimage This scheme victimizes mostly women who join groups for religious tours or pilgrimages and are promised employment by the traffickers upon arrival in the destination country. Some end up in bonded

–  –  –

labour while others are forced into prostitution.

F. Cultural Exchange/Promotion This scheme projects a group posing as artists or singers who would enter a country of destination on a cultural exchange arrangement. After the performances, the group disbands and erstwhile members are deployed in unstable or insecure jobs. This arrangement is a form of exploitation, especially of women.

Usually, the majority of these women end up in prostitution dens.


Airports are still the preferred exit point of OFWs using tourist visas or tampered visas with the aid of organized crime groups. This is the reason why the Philippine government has strengthened screening processes at airports to detect fake and tampered travel documents.

Records indicate that organized criminal groups utilize several seaports as exit points for their illegally recruited or trafficked victims. Their victims are being brought to the southern Philippine City of Zamboanga as these organized crime groups prefer said city as their staging area. The victims are then made to exit through the ‘back door’ using the port of Zamboanga or via the Zamboanga-Bongao-Sandakan route using commercial passenger vessels. This is primarily because of the proximity of Mindanao to destinations in the south such as Malaysia, Indonesia and Brunei.

A high number of victims are also transported using the Tawi-Tawi exit point to Sandakan, Malaysia via temper-type sea crafts. Government authorities have also monitored the Palawan area to be an emerging trans-shipment point for Filipinos trafficked towards the South. Moreover, Davao City is also used as an exit point for persons trafficked to Indonesia and other countries in Southeast Asia.

V. THE ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (REPUBLIC ACT NO. 9208) Republic Act 9208 is a comprehensive law which seeks to institute policies to eliminate trafficking in persons, especially women and children, establish the necessary institutional mechanism for the protection and support of trafficked persons, and provide penalties for its violations. Salient features of the law are outlined below.

A. Defines Trafficking in Persons Using the definition of trafficking in the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, as framework, the law defines trafficking in persons as “the recruitment, transportation, transfer or harbouring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation or the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harbouring or 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 preceding paragraph.” B. Three Categories of Trafficking The Anti-Trafficking in Persons Act of 2003 punishes three categories of trafficking acts, enumerated below.

1. Acts of Trafficking in Persons (i) Recruiting, transporting, transferring, harbouring, providing or receiving a person by any means for the purposes of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage;

(ii) Introducing for money or other consideration, any Filipina to a foreigner as a possible spouse or to offer any Filipina to a foreigner as a prostitute;



(iii) Offering or contracting marriage for purposes of acquiring, buying, offering, selling or trading a person to engage in prostitution, or other acts of exploitation;

(iv) Undertaking or organizing tour and travel plans consisting of tourism packages for purposes of utilizing or offering persons for prostitution, pornography or sexual exploitation;

(v) Maintaining or hiring a person to engage in prostitution or pornography;

(vi) Adopting or facilitating the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage;

(vii) Recruiting, hiring, adopting, transporting or abducting 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; or (viii) Recruiting, transporting or adopting a child to engage in armed activities in the Philippines or abroad.

2. Acts that Promote Trafficking in Persons (i) Knowingly leasing or subleasing property for trafficking purposes;

(ii) Producing, printing, issuing or distributing unissued, tampered or fake counselling certificates, registration stickers and other certificates of government used for regulatory and pre-departure requirements for the purpose of promoting trafficking;

(iii) Advertising, publishing, printing, broadcasting or distributing, by any means, any brochure, flyer, or any propaganda material that promotes trafficking;

(iv) Facilitating, assisting or helping in the exit and entry of persons from/to the country at international or domestic airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking; or (v) Confiscating, concealing, or destroying the passport, travel documents or belongings of trafficked persons, or preventing them from leaving the country or seeking redress from the government and appropriate agencies; or (vi) Knowingly benefiting, financially or otherwise, or making use of, the labour or services of a person held to a condition of involuntary servitude, forced labour or slavery.

3. Qualified Trafficking in Persons

Qualified trafficking is committed when:

(i) The trafficked person is below 18 years of age;

(ii) An adoption is effected through the Inter Country Adoption Law and the adoption is for prostitution, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage;

(iii) The act is committed by a syndicate or on a large scale;

(iv) The offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person, or when the offence is committed by a public officer or employee;

(v) The trafficked person is recruited to engage in prostitution for any member of the military or law enforcement agencies;

(vi) The offender is a member of the military or law enforcement agencies; or (vii) By reason or on occasion of the act of trafficking, the offended party dies, becomes insane, suffers mutilation or is afflicted with HIV or AIDS.

4. Penalties

–  –  –

5. Trafficking in Persons must be distinguished from Human Smuggling



Pages:   || 2 | 3 |

Similar works:

«Strategic Citations to Precedent on the U.S. Supreme Court Yonatan Lupu and James H. Fowler A B ST R ACT Common law evolves not only through the outcomes of cases but also through the reasoning and citations to precedent employed in judicial opinions. We focus on citations to precedent by the U.S. Supreme Court. We demonstrate how strategic interaction between justices during the Court’s bargaining process affects citations to precedent in the Court’s opinion. We find that the...»

«              Andrew M. Cuomo Benjamin M. Lawsky   Governor Superintendent   March 15, 2015 Dear Governor Cuomo, Majority Leader and President Pro Tem Skelos, Majority Coalition Leader Klein, and Speaker Heastie: On behalf of the Department of Financial Services, I hereby submit a copy of the report required by § 409(b) of the Financial Services Law on the activities of the Financial Frauds and Consumer Protection Division (FFCPD). Among some of the highlights of FFCPD’s work in...»

«LAW ENFORCEMENT AND OCTOBER 5, 2012 EMERGENCY MANAGEMENT COMMITTEE MEETING Page 1 of 8 Chair Mark Rogacki called to order the regular meeting of the Law Enforcement and Emergency Management Committee at 10:00 a.m., on Friday, October 5, 2012, in the Justice Center Conference Room, at the Vilas County Sheriff’s Office, in Eagle River, Wisconsin. Present. The following persons were present: Mark Rogacki, Alden Bauman, Sigurd Hjemvick, James Behling, Stephen Favorite, Sheriff Tomlanovich, Chief...»

«LEGAL ARGUMENT I. THE LAW OF THE CASE DOCTRINE PRECLUDES RELITIGATION OF THE STATUTE OF LIMITATIONS ISSUE. Defendant Kline Manufacturing Corporation (hereinafter KMC) has filed multiple motions to dismiss this case, greatly delaying the resolution of this matter, increasing the costs of litigation, and needlessly wasting judicial resources. This case was filed in December 1994, and Plaintiffs still have not had their day in court, due primarily to KMC's tactics. KMC filed its first motion for...»

«Comments on the proposal for a Directive of the European Parliament and of the Council on preventing and combating trafficking in human beings, and protecting victims (COM(2010)95, 29 March 2010) The European Commission presented its proposal for a Directive on preventing and combating trafficking in human beings and protecting victims on 29 March 2010. The proposal, if adopted, would repeal the Framework Decision on combating trafficking in human beings, in place since 2002, which provides for...»

«Counter Trafficking and Assistance to Vulnerable Migrants 1 COUNTER TRAFFICKING AND ASSISTANCE TO VULNERABLE MIGRANTS ANNUAL REPORT OF ACTIVITIES 2011 Annual Report of activities 2011 The opinions expressed in the report are those of the authors and do not necessarly reflect the views of the International Organization for Migration (IOM). The designations employed and the presentation of material throughout the report do not imply the expression of any opinion whatsoever on the part of IOM...»

«The Colorado Lawyer January 2005 Vol. 34, No. 1 [Page 33] © 2005 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. All material from The Colorado Lawyer provided via this World Wide Web server is copyrighted by the Colorado Bar Association. Before accessing any specific article, click here for disclaimer information. Features CBA President's Message to Members The Myth and the Mischief of Zealous Advocacy by Steve C. Briggs An incompetent attorney can delay a trial for...»

«PNNL-21981 Prepared for the U.S. Department of Energy under Contract DE-AC05-76RL01830 Review and Assessment of Commercial Vendors/Options for Feeding and Pumping Biomass Slurries for Hydrothermal Liquefaction EJ Berglin CW Enderlin AJ Schmidt November 2012 DISCLAIMER This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor Battelle Memorial Institute, nor any of their employees, makes...»

«GUIDANCE IN THE RULEMAKING PROCESS: EVALUATING PREAMBLES, REGULATORY TEXT, AND FREESTANDING DOCUMENTS AS VEHICLES FOR REGULATORY GUIDANCE Kevin M. Stack Professor of Law and Associate Dean for Research Vanderbilt University Law School FINAL REPORT May 16, 2014 *This report was prepared for the consideration of the Administrative Conference of the United States. The views expressed are those of the author and do not necessarily reflect those of the members of the Conference or its committees....»

«ABSTRACT Title of Thesis: BEYOND PEMDAS: TEACHING STUDENTS TO PERCEIVE ALGEBRAIC STRUCTURE Ethan Michael Merlin, Master of Arts, 2008 Thesis directed by: Professor Lawrence M. Clark Department of Curriculum and Instruction Evidence shows that transforming expressions is a major stumbling block for many algebra students. Using Sfard’s (1991) theory of reification, I highlight the important roles that the process of parsing and the notions of subexpression and structural template play in...»

«The Kosovo Case – An Unfortunate Precedent Stefan Oeter* Abstract 51 I. Introduction 52 II. Secession and Self-Determination of Peoples 55 III. Kosovo and Remedial Secession 62 IV. Independence of Kosovo and the Legality of Recognition 67 V. Conclusions 72 Abstract Secession is a divisive issue in international legal discourse. States are usually quite reserved and sceptical towards secessionist attempts. All the more exceptional is the case of Kosovo where a large number of states supported...»

«REPORT CONSUMER INSURANCE CONTRACTS (LRC 113 2015) REPORT CONSUMER INSURANCE CONTRACTS (LRC 113 – 2015) © COPYRIGHT Law Reform Commission FIRST PUBLISHED JULY 2015 ISSN 1393-3132 LAW REFORM COMMISSION’S ROLE The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission’s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and...»

<<  HOME   |    CONTACTS
2017 www.thesis.dislib.info - Online materials, documents

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.