Human trafficking simplified: lawyer defines offenses for media practitioners

Dubbed as "modern-day slavery," human trafficking affects millions of individuals and families around the world, most of whom were driven to such situation by a singular desire to rise above poverty. However, this issue -- while widespread -- is said to have remained in the backburner of many people's minds because of both its complicated definition under the rule of law and the simplicity of the acts through which they occur. Over the weekend, representatives of the Interagency Council Against Trafficking (IACAT) sat down with members of the media to explain the issue in bite-sized terms. Trafficking defined According to IACAT lawyer Patty Sison-Arroyo, trafficking is determined by The Anti-Trafficking in Persons Act of 2003 (RA No. 9280) with the following elements combined: acts (such as recruit, transport, transfer, harbor, receive); means (threat, coercion, abduction, fraud or deception, abuse of power); and purpose for exploitation (for sexual, labor, or even physical abuse that comes in the removal of organs). "The exploitative purpose need not be carried out as long as there is evidence of such intent," she said, adding that the proof may come in written or spoken transactions or a noticeable pattern of operations. Trafficking may come in any of the following schemes, which can get perpetrators 20 years in prison and a fine of P1 million to P2 million:

• sex trafficking (prostitution, pornography, sexual exploitation);
• forced labor (slavery, debt bondage, involuntary servitude);
• organ trafficking; and
• children in armed activities.

The offense, however, is considered more grave by the law when it involves a minor, wherein the "means" is taken off the formula. "This is done because children are incapable of consent," Sison-Arroyo said. "This also goes for persons over 18 years old who may have the mental age of a child." Other factors that aggravate punishment (to life imprisonment and a fine of P2 million to P5 million) include:

• when a person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
• when the trafficker is an ascendant, parent, sibling, or guardian; and
• when it is done by a syndicate (three or more traffickers) or in large scale (three or more victims).

Indirect involvement Sison-Arroyo further explained that the law covers not only perpetrators, but also those who are indirectly involved through acts like patronizing the trafficked "services" and something as simple as renting out an establishment to the traffickers. "Costumers," when caught, get six months of community service and a P50,000-fine. Subsequent offense(s) merit a year in prison plus a fine of P100,000. Meanwhile, acts "that promote trafficking" include providing the house or building, falsification or tampering of documents, and advertising the services. Those involved in the said acts can get 15 years in prison and a fine of P500,000 to P1 million if their knowledge of the operations is established, Sison-Arroyo said. She also warned the mediamen present during the lecture that they can get in trouble if they violate RA 9280's Section 7, which promises confidentiality or non-disclosure of identities and circumstances of both trafficked persons and the accused. Media practitioners are particularly barred from closed-door investigation, prosecution, or trial, where it is "unlawful to cause publicity of any case of trafficking in persons." 'We need the public's help' Earlier in the week, Vice President Jejomar Binay -- also the chairman emeritus of IACAT -- advised the public, especially those seeking jobs overseas, to be more careful with the transactions they get into. “I ask all those who are planning to work abroad to first check with the Philippine Overseas Employment Administration to make sure that the jobs being offered are legitimate,” he said. He also urged the public and local governments to work with IACAT to report suspicious activities to help ferret out the hiding places of the said syndicates. “If you notice that some stranger is renting out an empty house in your neighborhood and filling it up with women, then please get in touch with us. We need the public’s help and cooperation to fight human trafficking,” he said. Human trafficking in the Philippines In its Trafficking in Persons Report in 2011, the United States government dubbed the Philippines as "a source country and, to much lesser extend, a destination and transit country for men, women, and children who are subjected to sex trafficking and forced labor." In the report, the Philippines' rank moved up from the "Tier 2 Watch List" to "Tier 2." Being under the Tier 2 category — a level higher than Tier 2 Watch List — implies that the Philippines “is making significant efforts to do so" although it “still does not fully comply with minimum standards." It noted: "The government convicted 25 trafficking offenders -- an increase from nine convictions in the previous year -- including two convictions in cases involving forced labor, the Philippines' first-ever labor trafficking convictions." During her visit to Manila last year, US Secretary of State Hilary Clinton herself praised the Philippines' efforts in combating human trafficking.  “Now you’re prosecuting — that sends a very strong message to the traffickers that you have to beware, that you’re not gonna get away with this," Clinton said.  “I can’t speak for what the evidence will accumulate. We have this whole process that I’m not a part of, I [just] get the final recommendation. But I think it’s fair to say that we’re very proud of the progress that the Philippines is making," she added. - VVP, GMA News