Date: June 2003

Tough Anti-Trafficking Law Comes into Force

President Arroyo has signed into law the new Anti-Trafficking in Persons Act. This tough new piece of legislation (Act 9208) defines the scope of both human trafficking and of prostitution. Included in the provisions of the new act are measures against the recruitment of minors to take place in armed conflicts.

Activities also covered include sexual exploitation, forced labor, slavery, involuntary servitude (also known as "debt bondage) and the removal or sale of organs. The law removes any gender bias from the code and also removes the bias against the person performing the "service." Trafficked persons are recognized under the act as victims and are not penalized for crimes directly related to their acts, nor are their names to be made public or identities disclosed in any way.

The new law addresses the issues raised by "sex tourism: and actually makes it an offence to buy or otherwise engage the services of a prostitute. Section 4 provides that anyone who is proven "to maintain or hire a person to engage in prostitution or pornography" has committed an offence. The maximum penalty is a fine of P100,000 and a one-year gaol sentence although for first-time offenders the penalty will be reduced to P50,000 and/or six-months of community service. Traffickers can face a maximum penalty of 20 years imprisonment although if the offense is committed against a minor then the penalty is imprisonment for life and a maximum fine of P5 million.

An Inter-Agency Council Against Trafficking is to be established and to be chaired by the secretaries of the Departments of Justice and Social Welfare with both government and NGO participation.

All fines imposed and monies collected from confiscated properties are to be placed in a trust fund to be administered by the council on behalf of the victims of trafficking. The Department of Justice has been further tasked with negotiating with foreign governments to have trafficking included in the list of extraditable offenses.

 

Click Here to View Complete Listing of Special Reports