Introduction Trafficking in human beings is a grave violation of human rights and has emerged as a major global issue owing to the involvement of transnational organized groups which take advantage of the vulnerable conditions of migrants.

This global phenomenon of trafficking in human beings will continue to be on the rise unless we begin to initiate strategies to counter the problem. We are forced to cope with factors like weak economies, increasing poverty and few job opportunities, low risk of prosecution, the enormous profit potential, and improved international transportation and communication infrastructures such as the internet that provide innovative uses for prostitution and pornography.

In order to enable Governments and the international community to respond better to this problem, the proposal of the Office for Drug Control and Crime Prevention (ODCCP) of the United Nations to implement a Global Programme to "bring to the foreground the involvement of organized crime groups in human smuggling and trafficking" and to "promote the development of effective criminal justice related responses," was approved during the 8th Session of the Commission on Crime Prevention and Criminal Justice of the United Nations held last 27 April to 6 May 1999 in Vienna, Austria. To carryout the Programme, the ODCCP and the United Nations Interregional Crime and Justice Research Institute (UNICRI) have been tasked to make a worldwide assessment of the regional and international trends in addressing the issue of trafficking in human beings, to take stock of best practices adopted by countries in each particular region to combat the problem, to carry out demonstration projects and to evaluate these projects based on a standardized criteria.

The Philippine government has particular interest in addressing the issue of trafficking in human beings in view of the significantly large numbers of Filipinos living and working abroad. Estimates for 1999 state that there are about 7 million overseas Filipinos with 3 million as overseas Filipino workers (OFWs), 2 million as permanent residents and another 2 million as undocumented workers. Inspite of the existence of legal channels for employment, the number of intermediaries who offer their services for the expeditious but illegal alternatives seems to be on the rise, and this contributes to the problem of trafficking.

The Philippine Government signified its interest to participate in the Global Programme in order for it to take advantage of its collaboration with the Center in addressing trafficking in human beings and to maximize the benefits of multilateral efforts in responding to trafficking in human beings as a transnational crime.

Last March 28, 2000, the Philippine government entered into agreement with the United Nations Center for International Crime Prevention, Office of Drug Control and Crime Prevention to implement the pilot demonstration project of the Global Programme Against Trafficking in Human Beings named "Coalitions Against Trafficking in Human

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Beings in the Philippines". This pilot project is envisioned to strengthen crime prevention strategies against trafficking, improve the effectiveness of law enforcement and criminal justice responses and improving victim and witness protection and assistance in the country. Some of the activities lined up in the project include assistance in setting up of specialized databases, compiling relevant legislation and bilateral and multilateral agreements, conduct of training for law enforcers, prosecutors, social workers, and frontline officers, and conducting a comprehensive public awareness campaign on the subject.

At the national level, the government institutions included in the preparation and implementation of this plan are the Department of Foreign Affairs (DFA), the Department of the Interior and Local Government (DILG), Department of Social Welfare and Development (DSWD), Department of Labor and Employment (DOLE), Department of Justice (DOJ), Commission on Filipinos Overseas (CFO), Bureau of Immigration (BI), National Bureau of Investigation, (NBI), Philippine Overseas Employment Administration (POEA), National Police Commission (Napolcom), Philippine National Police (PNP), Philippine Center on Transnational Crime (PCTC) and the Overseas Workers’ Welfare Administration (OWWA).

Overarching/Fundamental Considerations Political Resolve

International Commitments At the Millennium Summit, the Philippines signed the Optional Protocol to the Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography. On 16 December 2000, the Philippines signed in Palermo, Italy the UN Convention Against Transnational Organized Crime and its accompanying Optional Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children. Domestic legislation in the form of a bill entitled “Anti-Trafficking in Women and Minors Act came before the last Congress. The new Philippine Congress is expected to take up the bill and give it a greater push so that its passage into law may be accelerated after it convenes. The Millennium Declaration resolved “to intensify our efforts to fight transnational crime in all its dimensions, including trafficking.” Numerous resolutions on the trafficking of persons have been adopted by the UN General Assembly and the UN Commission On Human Rights (UNCHR), the Commission on the Status of Women (CSW), and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. Provisions pertaining to the traffic in women and children were also adopted by the World Conference On Human Rights, the International Conference On Population And Development, the World Summit For Social Development, the Fourth World Conference On Women and the Ninth and Tenth United Nations Congresses On The Prevention Of Crime And The Treatment Of Offenders, the

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23rd Special Session of the General Assembly entitled “World Summit on Social Development and beyond: Achieving Social Development for All in a Globalizing World.” The Philippine position on the trafficking of persons, especially women and children, is firmly grounded on a human rights approach. It builds on the principles already laid down by previous relevant international human rights instruments, such as

��Universal Declaration on Human Rights ��Convention on the Suppression of Trafficking in Persons and the

Exploitation of the Prostitution of Others ��Supplementary Convention on the Abolition of Slavery, Slave Trade and

Institutions and Practices Similar to Slavery ��Convention on the Elimination of All Forms of Discrimination Against

Women ��1993 Declaration on the Elimination of Violence Against Women ��1994 International Conference on Population and Development

Cooperation Declaration ��1995 United Nations Convention on the Rights of the Child ��International Covenant of Civil and Political Rights ��International Covenant of Economic, Social and Cultural Rights. ��Forced Labour Convention (ILO No. 29) ��International Convention on the Protection of the Rights of All Migrant

Workers and Members of their Families

The Philippines first tabled a UN General Assembly resolution on the traffic of women and girls in 1994. It continues to sponsor the same resolution in subsequent years. This effort has been duplicated in other United Nations bodies and international organizations, such as in the UNCHR and CSW. It is worth noting that the Philippines recently secured the highest number of support for a single country sponsored resolution in the history of the Commission on Human Rights with the Philippine resolution “Traffic in Women and Girls”.

The commitment of the Philippines to fight trafficking in women and children has also been demonstrated on a regional level. The Manila Process was initiated in 1996 in response to the abuse and exploitation of overseas Filipino workers and the need for regional dialogues to discuss trafficking and irregular migration from a regional perspective. This process continues to address strategic areas of action such as information-sharing and best practices; capacity-building and technical support; and increased cooperation in the fields of prevention, protection, prosecution, repatriation and rehabilitation, as well as reintegration.

In March 2000, the Philippines co-hosted with the United States the Asian Regional Initiative against Trafficking in Persons particularly in Women and Children (ARIAT), The ARIAT Regional Plan of Action identified information and data banking, cooperation with international organizations, non-governmental organization , the private sector, civil society and media and gender-mainstreaming as strategic areas of concern.

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The Asia-Pacific Consultations on Refugees, Displaced Persons and Migrant Workers (APC) began in 1996 as a forum to address issues of population movements, information – sharing, prevention and preparedness, the impact of the economic crisis on population movements, the role of country of origin, returnee reintegration emergency preparedness and contingency planning, people trafficking and capacity-building.

Legislation UN Protocols The UN Convention Against Transnational Organized Crime and its supplementary Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children was adopted by the UN General Assembly on 15 November 2000 and signed by the Philippines during a High-Level Political Conference held in Palermo from 11 - 15 December 2000. The Convention and its Protocol is the defining international instrument that will address the trafficking of persons in the 21st century. With the signing of the Protocol, the Philippines has contributed to the prevention of trafficking, the punishment of traffickers and to the protection of its victims with an international legal instrument that effectively yet humanely responds to the realities of trafficking. The Protocol includes important new aspects such as provisions for the protection of victims and of witnesses, especially with regard to the vulnerability of women and children who have been trafficked and the crucial importance of their being prepared to come forward to give evidence. Meanwhile, Convention contains an innovative implementation mechanism consisting of “peer review” to monitor in a constructive way the implementation of the Convention by signatory States, and to ensure that developing countries receive the necessary technical assistance to facilitate its effective administration. The Protocol sets forth three purposes: to prevent and combat trafficking in persons, paying particular attention to women and children; to protect and assist the victims of trafficking, with full respect for human rights; and to promote cooperation among States Parties to meet these objectives. The protocol represents a new approach to the problem in several aspects. It defines “trafficking in persons” – a complex and multifaceted problem particularly when considering the involvement of transnational organized criminal groups. It also combines traditional crime control measures for investigating and punishing offenders with measures for protecting trafficked persons.

The protocol takes into account the vulnerability of victims of trafficking and potential trafficked persons, especially women and children, recognizing that consent is irrelevant where exploitation is intended or committed. The protocol also created a consensus on measures to control transnational organized crime trafficking activities and the protection of victims from retaliation and re-victimization these criminal elements.

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The protection of and assistance to victims of trafficking was elevated to become one of its concerns of the Protocol that would require cooperation among States parties. To the extent that is possible under the domestic law of each state, the protection of and assistance accorded to victims of trafficking include protecting the privacy of the victim of trafficking by making legal proceedings relating to such trafficking confidential. States are enjoined to ensure that its domestic and administrative system contain measures that provide to the victims of trafficking, information on relevant court and administrative proceedings and assistance to enable their views and concerns to be presented in court proceedings against the trafficker. The physical, psychological and social recovery of victims of trafficking also include provisions of housing, counseling and information, medical, psychological and material assistance, employment, and educational and training opportunities. The Protocol also provided for the physical safety of the victims of trafficking and measures in the domestic legal systems of states that offer the victims of trafficking for the possibility of obtaining compensation for damage suffered.

The protocol views various aspects of trafficking to be criminal acts. This perspective is shared by the Philippines with other states when specific obligations to criminalize trafficking are expressed in Article 3 of the Protocol which states:

“Each State Party shall adopt such legislative and other measures as

may be necessary to establish as criminal offences under its domestic law the conduct set forth in…when committed intentionally, and shall impose penalties that take into account the grave nature of those offenses:

��Attempting to commit an offence… ��Participating as an accomplice in organizing, directing,

aiding, abetting, facilitating or counseling the commission of an offence…”

This protection of and assistance to victims of trafficking also includes measures on repatriation where it is stated in paragraph 2 of Article 6 that it “shall preferably be voluntary” so as not to impose additional obligations on State parties where a victim of trafficking refuses to return while avoiding re-victimization.

Another concern of the trafficking protocol deals with cooperative measures among states to prevent the trafficking of persons. Areas of cooperation include information exchange and training, border measures, and ensuring the security, integrity, legitimacy and control of documents.

The Protocol establishes the international parameters and standards for state obligations in combating trafficking in persons. It will serve as a model for national legislation, detailing provisions on conduct, which should be sanctioned, the severity of punishment and effective measures to combat as well as prevent trafficking.

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With the Philippine signing of the Convention and its supplementary Protocol, it will begin to translate this international commitment into domestic measures and legislation to enable their effective implementation in readiness for the time when the convention and the protocol will come into force. Some of these measures have already began and will compliment efforts in the protocol to manage and hopefully to eradicate the trafficking of persons especially women and children. Early ratification of the Convention and its Protocol would also demonstrate to the international community that despite present difficulties, the Philippines has not lost its focus and continues to strengthen initiatives in the area of transnational organized crime, including efforts to protect our citizens from its pernicious effects. Avenues for enhanced technical assistance and cooperation, as well as increased funding, are also important considerations when the Philippines ratifies and implements these international instruments. Ratification is also important for sustaining support for the RP pilot project under the UN Global Program Against Trafficking in Human Beings.

“Trafficking in human beings” is defined under the Global Programme Against Trafficking in Human Beings as the “act of recruitment, transportation or receipt of persons through deception or coercion for the purpose of prostitution, other sexual exploitation or forced labor.” If the victims are under eighteen (18) years of age, the act committed is trafficking in children.

Anti-Trafficking Bill The translation of these international obligations into local law through the passage of a bill against the trafficking of persons, especially women and children, shall make the Philippines compliant with its international commitments. Such legislation shall criminalize trafficking in women and children in all its forms; condemn, prosecute and penalize traffickers and their intermediaries through criminal and civil measures; and ensure the protection and assistance accorded to the victims of trafficking with full respect for their human rights. The bill shall also assist in harmonizing the legal measures and systems of other countries with those of the Philippines’. Furthermore, a comprehensive law against trafficking shall facilitate the creation of a data base on trafficking and strengthen inter-agency coordination in the fight against trafficking. All legislation related to the combating of trafficking shall be gender sensitive, shall increase protection for the human rights of women and girls, and against violations committed against women and girls and shall recognize the vulnerabilities of women and children to trafficking. The passage of a law against trafficking shall also strengthen existing legislation with a view to providing better protection for trafficked victims.

Legislative initiatives (House Bill 7199 and Senate Bill 1340) show that Philippines has taken up the issue on trafficking in human beings on several occasions in an attempt to end trafficking particularly as regards children and to establish higher standards of protection and rehabilitation of Filipino women who are forced into prostitution, sexual servitude and bonded labor.

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A cursory look at the proposed bills (HB No. 7199 [An Act to Institute Policies to Eliminate the Trafficking in Filipino Women and Minors, Establishing the Necessary Institutional Mechanisms for the Protection and Support of Victims of Trafficking, Providing Penalties for Its Violations, and for Other Purposes] and SB No. 1340 [An Act to Institute Policies to Suppress the Trafficking in Filipino Women, Establishing the Necessary Mechanisms for the Protection and Rehabilitation of Victims of Trafficking, Providing Penalties for Its Violations and for Other Purposes]) shows that the proponents of said bills define “trafficking in women and minors” as “acts involved in the recruitment, transfer or deployment of women and minors through legal and illegal means with or without the victim’s consent or knowledge, within or across national borders for purposes of prostitution, work or services, often involving coercion, violence, threat of violence, abuse of authority, debt-bondage, deception, and other forms of coercion for marriage or adoption as provided in Republic Act No.8042, including other similar arrangements characterized by forced labor and slavery-like practices, sexual exploitation and other similar acts.”

Trafficking by organized crime has also been defined under House Bill No. 7199 as “ operations involving the trafficking in women and minors by local and international networks or organized criminal groups which provide packages of facilitating services which include forged documentation for travel applications, transport, accommodation during and after transit, marketing and matching of women and minors to local or foreign clients for a fee or material consideration.”

At this juncture, when the UN protocols are about to be ratified, there is a need for the creation of an Ad Hoc Committee which will be tasked to revise and synchronize the said Bill to be in consonance with the UN protocol.

Relevant Laws, Rules and Regulations

A desk review of our Philippine penal laws reveal that the offense of “trafficking in human beings” is not explicitly defined, although its elements, taken singly or with some such other elements, could be a basis for the filing of a criminal charge against the violator for crimes provided under the Revised Penal Code such as coercion, pandering/procuring/pimping white slave trade and the like or for violation of special laws like Republic Act No. 8042 (Philippine Passport Act of 1996), Republic Act No. 8042 (An Act to Institute Policies of Overseas Employment and Establish a Higher Standard of Protection and Promotion of the Welfare of Migrant Workers, Their Families and Overseas Filipinos in Distress and For Other Purposes) and Republic Act No. 6955 (An Act to Declare Unlawful the Practice of Matching Filipino Women for Marriage to Foreign Nationals on a Mail Order Basis and Other Similar Practices, Including the Advertisement, Publication, Printing or Distribution of Brochures, Fliers and Other Propaganda Materials in Furtherance Thereof and Providing Penalty Therefore). There is, however, a special law that defines “child trafficking” as the “act of trafficking or dealing with children including, but not limited to, the buying and selling

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of children for money or for any other consideration or barter” and this is Republic Act No. 7610, as amended (An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation and for Other Purposes). Section 16 of the Rules and Regulations on the Trafficking of Children provides that child trafficking is presumed if a person, whether natural or juridical, has, under his custody, two or more children, without any legal basis or without being licensed to act as a foster parent or a child placement agency. Section 15 of the same Rules enumerates the persons who are liable for attempting to commit child trafficking and they are as follows:

a. The parent or other person who is responsible for the travel arrangement of the unaccompanied child;

b. The pregnant mother who executes an affidavit consenting to the adoption of

her unborn child for a consideration;

c. The head of an agency, establishment, child-caring institution or person who recruits women to bear children or couples to procreate;

d. The physician, surgeon, public officer or other person, who in violation of his

profession or office, cooperates in the simulation of the birth of a child for the purpose of trafficking; and

e. The person, whether natural or juridical, who locates children from low-income

families, hospitals, clinics, nurseries, day-care centers or other child-caring institutions for the purpose of offering said children for placement or adoption.

Local Initiatives

Under Philippine jurisprudence, the different aspects of trafficking are covered by different legislations. Perpetrators of the crime can be charged for violations of the Migrant Workers and Overseas Filipinos Act (Republic Act 8042), the Mail-Order Bride Law (Republic Act 6955), the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (RA 7610), and Article 341 of the Revised Penal Code covering white slavery.

Attention is given to the protection of victims in anti-trafficking policies. An important instrument is the “Migrant Workers and Filipino Overseas Act of 1995” which extends protection to undocumented migrants and encourages partnerships with NGOs. It also established a mechanism called the Shared Government Information System (SGISM), which provides for the free-flow and exchange of data among the concerned agencies. The “Special Provisions for the Protection of Children” imposes a stricter control of

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foreign travel of unaccompanied children, thus reducing the trafficking in children. A law has also been passed to prohibit the Mail-Order Bride Practice.

The Philippine Government likewise seeks to address the problem of irregular migration by reinforcing the integrity of the Philippine passport, continuing the fight against illegal recruitment and monitoring departures of nationals and aliens. Such measures are implemented under the Philippine Passport Act of 1996, the Philippine Labor Code and certain provisions of the Immigration Act of 1940.

National government programs include the Department of Social Welfare and Development’s (DSWD) National Family Violence Prevention program, the Productivity Skills Capability Building (PSCB) program and productivity centers for women. Crisis intervention units in DSWD field offices respond to cases reported through the hotlines and provide not only shelter, but also medical, emotional and psychological support for the abused. The provision of temporary shelter and other support services, whenever necessary shall be extended to foreign nationals victims of trafficking primarily in coordination with diplomatic mission for contingency and reciprocity of services with other countries with the end in view of repatriation to the country of origin.

The guidelines for media practitioners on the reporting and coverage of cases assures respect for the privacy and humanity of the victims at their most vulnerable with the media observance of confidentiality of the abused.

Overseas, Philippine embassies are mandated to provide services for the protection of the migrant Filipino worker from the unscrupulous trafficker of human beings, especially women and children. There is also a program set in place for the repatriation of the victims of trafficking and reintegration programs upon their return.

Coordination and Institutional Structuring

The Executive Branch has issued a number of Orders relating to trafficking:

�� Executive Order No. 62 – established the Philippine Center on Transnational Crimes. The principal function of which is to formulate and implement a concerted program of action of all law enforcement, intelligence and other agencies for the prevention and control of transnational crimes. The PCTC is also mandated to establish a shared central database among government agencies for information on criminals, arrests and convictions on various transnational crimes, including trafficking in human beings.

�� Executive Order No. 220 -15 dated May 23, 2000 entitled “Creating an Executive Council to Suppress Trafficking in Persons, Particularly Women and Children” – established an executive council composed of various government

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agencies the principal function of which is to assist the President in the formulation of policies and in their implementation in order to suppress trafficking in person particularly women and children.

Criminal Justice Responses

1. Law Enforcement

In response to this global clamor and concern, the Philippine government had initially undertaken initiatives to address this problem domestically. Government and non-government agencies such as the Department of Foreign Affairs (DFA), National Bureau of Investigation (NBI), Bureau of Immigration (BI), Department of Labor and Employment (DOLE), Criminal Investigation and Detection Group (CIDG), Philippine Center on Transnational Crime (PCTC), Philippine Overseas Employment Administration (POEA), Overseas Workers’ Welfare Administration (OWWA), Commission on Human Rights (CHR), National Council on the Role of Filipino Women (NCRFW) and others are working in a united front through the national Executive Council, created under Executive Order 220, to suppress trafficking of persons, particularly women and children in the country. A sub-committee on illegal recruitment chaired by the POEA Administrator is the primary responsible office on matters of illegal recruitment cases. Other member agencies of the Executive Council support the POEA in this concern. Cases such as illegal recruitment, child abuse, women exploitation and other analogous situations are being investigated by the Criminal Investigation and Detection Group (CIDG). The CIDG’s campaign on these particular areas of concern is guided by appropriate flagship projects. Operational plans formulated for this purpose are as follows:

a. Oplan Sagip Anghel ( Operational Campaign Against Child Abuse and

Exploitation) b. Oplan Nena (Operational Campaign Against Prostitution, Lewd Shows and

Vagrancy) c. Oplan Pagsisikap (Operational Campaign Against Illegal Recruitment and/or

Trafficking of Workers)

2. Prosecution and Courts

To underscore the efforts of the Department of Justice to suppress the violations of crimes especially those of national significance such as child trafficking or acts/offenses that have been committed as “means” to commit trafficking in human beings, the existing task forces in the Office of the Chief State Prosecutor were recently reorganized and reconstituted under Department Order No. 197 dated June 6, 2000. The respective functions thereof were redefined to conform to the streamlining of task forces mandated in DOJ Department Circular No. 62.

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The Task Force Anti-Narcotics and Dangerous Drugs, Task Force Traffic Management Group and Task Force Criminal Investigation and Detection Group were consolidated into a single task force denominated as Task Force Law Enforcement Group which is chaired by the Chief State Prosecutor himself. The main function of said Task Force is to render support to the National Anti-Crime Commission (NACC), Philippine National Police (PNP), National Bureau of Investigation (NBI), Traffic Management Group (TMG), Criminal Investigation and Detection Group (CIDG) and National Drug Law Enforcement and Prevention Coordinating Center (NDLEPCC). The Task Force on Women was merged with the Task Force on Child Protection and renamed Task Force on Children and Women Protection and is chaired by the head of the Special Cases Division of the Office of the Chief State Prosecutor (OCSP). The Task Force on Anti-Piracy of Intellectual Property Rights and the Task Force on Passport Irregularities were reconstituted and are chaired by the head of the Inquest and Special Concerns Division of the OCSP. The Task Force on Illegal Recruitment was, however, dissolved and abolished as the cases on illegal recruitment can be handled effectively by the local prosecution offices. All the aforementioned Task Forces are authorized to conduct inquest proceedings, preliminary investigations and the subsequent prosecutions of the cases if evidence warrant, in a manner not inconsistent with the policy guidelines set forth in Department Circular No. 62 dated June 6, 2000. The Task Force Katarungan (TAFKA) established in every region by virtue of Administrative Order No. 14, series of 1991 and DOJ Memorandum Circular No. 12 dated October 14, 1992 has been retained. The TAFKA has the primary duty of monitoring the prosecution of criminal cases that the office of the Regional State Prosecutor identifies as having gained significance by reason of strong public sentiments, and to coordinate all government efforts in their prosecution before the courts. To enhance the competence of our prosecutors and bolster their morale against the ever growing sophistication of criminals, particularly syndicated or organized crime groups and the acts that they commit, a continuing program of legal education is conducted. This activity is envisioned to improve the prosecutors’ efficiency in investigation, adjudication and trial work.

3. Protection

Protective Services for Trafficked Victims particularly Women and Children

��issuance of travel clearance to minors travelling abroad unaccompanied by their parents, legal guardians or custodian;

��hotlines for reporting of abused/exploited cases of women and children;

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��Operation of the 24-hour Crisis Intervention Units in the 16 regions of the country to respond to the needs of women and children victims of abuse and exploitation including trafficking. It also provides telephone counseling, conducts rescue operation with other agencies and provides overnight stay for victims and referral service if necessary.

��Protective custody and recovery and healing services for victims/survivors for their eventual reintegration with their families and communities which include counseling, therapy, educational assistance and livelihood, among others.

Government measures to respond to the issue on the sale and trafficking of children and women include:

��Provision of skills training through the Productivity Skills Capability Building

for Women and the extension of capital assistance to trained women for them to engage in Income Generating Activities. These are alternative forms for women to generate income within their communities thus preventing them to go to urban centers or abroad for reasons of employment.

��Issuance of travel clearance for minors travelling abroad unaccompanied by parents, legal guardians or custodian (RA 7610, Article IV - Section 8-A).

��Organizing/strengthening of the barangay Council for the Protection of Children (PD 603 - Child and Youth Welfare Code, Article 87)

��Advocacy/awareness raising through press releases, fora, conferences, training on Domestic and Inter-country Adoption.

��Sagip Batang Manggagawa through the Department of Labor and Employment National Program Against Child Labor, for those children who were illegally recruited and exposed to hazardous work/bonded condition.

Appended to this plan are the initiatives implemented by the individual agencies.

Identifying Roles in the Coalition Member agencies of the Coalitions Against Trafficking in Human Beings in the Philippines signed a Memorandum of Undertaking (MOU) on June 14, 2000 to set out the its functions, duties and responsibilities in their fight against trafficking. All 13 agencies agreed to establish a committee otherwise known as the INTER-AGENCY EXECUTIVE COMMITTEE (IAEC) composed of duly designated representatives. In the exercise/execution of its functions, the duties and responsibilities of the IAEC shall include among others:

a) the formulation of a strategic plan for combating trafficking in human

beings which could be a basis for Government policy directives;

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b) the planning, coordinating and monitoring of activities in the context of the Project;

c) the initiation of measures towards the harmonization of Government programs and activities in addressing trafficking in human beings;

d) the facilitation of the formulation and development of joint policies and action plans;

e) ensuring that institutional interests of the different stakeholders are compatible with substantive coordination;

f) the harmonization of the current functions and procedures of the Parties to this Agreement in addressing the issues of trafficking in human beings;

g) the coordination of government policies for the formulation of the framework for international cooperation to combat transnational crimes;

h) assisting in the assessment of the regional and interregional trends in combating trafficking in human beings;

i) working with each Party to develop a long-term work plan focussing on the exchange of technical information, experiences and personnel;

j) participating in activities in other countries to address the issue of smuggling and trafficking of human beings;

k) participating in planning sessions with other agencies and non-government organization to identify issues and program needs in developing topics and possible agenda to be held on trafficking in human beings;

l) reviewing and proposing policies, programs and intervention measures that will help improve the condition and welfare of Filipinos who are likely to be victimized/have been victimized by organized crime groups involved in human trafficking; and

m) coordinating with other Philippine government agencies and non-government organizations for a more coherent and integrated approach to human trafficking issues;

In order to carry out programs, projects and activities, the IAEC should ensure that the government agencies concerned shall:

a) Coordinate with the CICP for the provision of appropriate technical and other support to the Shared Government Information System (SGISM), which is currently being developed by the Philippine Government;

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b) Establish and maintain a database on trafficking in human beings, including organized criminal groups;

c) Conduct a survey of training needs and develop a curriculum related to trafficking in human beings for consulate staff and social workers fielded abroad;

d) Conduct a workshop for five (5) prosecutors and fifteen (15) law enforcement officers who shall prepare guidelines on investigation and prosecution of cases related to trafficking in human beings;

e) Conduct training on basic awareness-raising and investigation of trafficking-related cases for 300 law enforcement officers;

f) Prepare the training material for an advanced training programme for law enforcement officers on organized crime aspects in trafficking in human beings;

g) Assess the capacity of the database of the Philippine Center on Transnational Crime (PCTC), particularly as it relates to the collection of information on the involvement of organized criminal groups in trafficking in human beings;

h) Prepare/submit to the Philippine Government a report/ recommendation on how to improve the protection and support system for victims and witnesses of cases on trafficking in human beings; and,

i) Formulate and implement a strategic plan for combating trafficking in human beings, which could serve as an input for Government policy directives.

The duties and responsibilities of the member agencies are the following: DEPARTMENT OF FOREIGN AFFAIRS (DFA)

a. Protect Filipino nationals overseas and to promote their rights and welfare;

��Alert missions abroad to extend assistance to victims of trafficking in

persons ��Monitor and follow-up cases of trafficking in persons; ��Oversee the voluntary and humane repatriation of victims of trafficking and

ensure their fair remuneration by their employers

b. Protect the integrity of the Philippine passport

��The implementation of strict security measures in the manufacture, storage, transport and issuance of Philippine passports;

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c. Actively participate in bilateral, regional and international cooperation aimed at addressing trafficking in human beings.

��Negotiate with foreign Governments for the prosecution of persons who

traffic in persons and the protection of victims of trafficking ��Negotiate with foreign governments for protection of overseas workers and

the humane and orderly repatriation of illegal migrants and victims of trafficking

d. Consistent with its duties and functions relative to the protection of Filipino nationals wherever they may be and promotion of the rights and welfare of migrant workers as mandated by existing laws and regulations, actively participate in bilateral, regional and international cooperation aimed at suppressing trafficking in human beings, including in the context of Philippine membership in relevant United Nations bodies;

e. Together with the Department of Interior and Local Government (National

Police Commission), steer and oversee the implementation of the Project and such other projects that may build upon it;

f. Together with the NAPOLCOM, to initiate networking between relevant

authorities of the Philippines and their counterparts in the international community, particularly in the areas of exchange of information and best practices used to combat trafficking in human beings;

g. To integrate in the program of work of foreign service posts on the protection

of the rights of migrant workers the specific dimension of human trafficking; h. To evaluate available information from foreign service posts to determine

patterns of illegal movements of people perpetrated by organized crime groups for appropriate policy response/action;

DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

a. To advise the President in the promulgation of policies, rules, regulations and other issuances relative to trafficking in human beings as these affect the general supervision over local governments and on public order and safety;

b. To establish and prescribe rules, regulations and other issuances implementing the existing laws not only on public order and safety, the general supervision over local governments and the promotion of local autonomy and community empowerment but also as they relate to trafficking in human beings and to monitor compliance thereof;

c. To provide assistance in the preparation of national legislation on trafficking in human beings affecting local governments, law enforcement and public safety;

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d. To establish and prescribe plans, policies, programs and projects relative to trafficking in human beings in order to promote peace and order, ensure public safety and further strengthen the administrative, technical and fiscal capabilities of local government offices and personnel;

e. To conduct, in coordination with the relevant government agencies concerned, a nationwide information campaign and awareness on trafficking in human beings;

f. To assist the leaders of the non-government organizations (NGOs) , tri-media and religious sectors in the conduct of operations on anti-trafficking in human beings;

g. To conduct livelihood and value formation projects among the victims;

DEPARTMENT OF JUSTICE (DOJ)

a. To act as the principal law agency of the government and as legal counsel and representative thereof, whenever so required;

b. To investigate the commission of crimes and prosecute the violators/offenders of pertinent penal laws relative to trafficking in human beings;

c. To extend legal assistance to law enforcement and other government agencies in the implementation of this Project and such similar projects in the future;

d. To propose legislative measures to Congress and legal measures to the United Nations to further strengthen the campaign against trafficking in human beings;

e. To monitor and follow-up cases on trafficking in human beings which are referred to it;

f. To evaluate the present status of the Government’s victims/witness protection program particularly as regards the cases of trafficking in human beings;

g. To provide adequate protection to victims turned witnesses against illegal recruiters and traffickers;

h. To protect and advance the rights of victims of trafficking;

i. To spearhead the establishment of a standard “Legal Working Group” to continuously identify and resolve legal matters and render advice and opinions to avoid technicalities in the apprehension and prosecution of human traffickers and smugglers;

j. To assist in the preparation of training materials for various professional categories including a booklet compiling relevant legislation and regulations for law enforcement and prosecutors;

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k. Together with the PNP, to assist in the preparation of guidelines on the investigation of cases of trafficking in human beings;

l. To develop a model for better cooperation between law enforcers and prosecutors.

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)

a. To provide direct assistance to victims of trafficking in human beings through residential care service, therapy centers and other services;

b. To refer victims of trafficking in human beings to the DOJ-Witness Protection Program whenever it is deemed necessary;

c. To provide technical assistance through capability building activities to LGUs and NGOs on handling/managing victims of trafficking of human beings;

d. To assist law enforcement agencies and LGUs in the handling, recovery and reintegration of victims of trafficking;

e. To license and accredit NGOs that provide programs and services to victims in human beings and periodically update standards of such services;

f. To formulate policies and plans, develop and pilot programs;

g. To advocate for measures/policies, plans and programs for the prevention of and detection of victims of trafficking in human beings;

h. To continue to issue clearances to minors travelling abroad;

i. To assist in the mobilization of NGOs, POs, religious organizations and other members of the civil society in support of the efforts to prevent trafficking in human being and the protection of victims.

j. To undertake research activities in coordination with concerned agencies;

DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE)

a. To coordinate the over-all government campaign against illegal recruitment;

b. To monitor, document and report cases of trafficking in human beings and recommend appropriate sanctions against violators of trafficking in human beings;

c. To maintain a reliable record of overseas Filipino workers and monitor their conditions in the receiving state;

d. To further protect and assist overseas Filipino workers by:

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��Developing or initiating, together with DFA, bilateral and regional agreements and other international cooperation schemes on labor matters;

��Monitoring of bilateral and other labor agreements concluded with certain OFW receiving states;

��Participating in the preparation and revision of national legislation concerning OFWs;

��Providing welfare and other forms of assistance on-site;

��Providing such as other forms of assistance as may be necessary;

BUREAU OF IMMIGRATION (BI)

a. To act as the primary enforcement arm of the Department of Justice and the Office of the President in ensuring that all foreigners within the territorial jurisdiction of the Philippines comply with existing laws;

b. To administer and enforce immigration, citizenship, alien admission and alien registration laws;

c. To assist local and international law enforcement agencies in securing the tranquility of the State against foreigners whose presence or stay may be deemed threats to national security, public safety, morals and public health on who may have engaged in illegal trafficking of persons and for this purpose, initiate deportation proceedings against these undesirable and/or unscrupulous aliens;

d. To monitor the entry of foreign nationals suspected to be involved in illegal trafficking of persons;

e. To identify and apprehend law enforcement and government officials escorting undocumented Overseas Filipino Workers (OFWs) through airports and other exit points in the country;

f. To participate in the information campaign against illegal trafficking of persons and include in the arrival card a strong warning against it;

g. To implement “hold departure orders” issued by competent judicial authorities against undesirable and/or unscrupulous aliens especially those engaged in illegal trafficking of persons;

h. To blacklist aliens who have violated the laws, rules and regulations on alien admission, registration and immigration;

i. To arrest, detain, investigate and deport aliens engaged in illegal trafficking activities that are detrimental to the community such as drug trafficking, white slavery, money laundering, illegal recruitment, etc.;

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j. To facilitate inter-agency information exchanges concerning illegal and undesirable aliens with other government line agencies and international law enforcement bodies;

COMMISSION ON FILIPINOS OVERSEAS (CFO)

a. To assist in the preparation and conduct of a survey on training needs and development of a curriculum related to trafficking in human beings for consulate and social workers fielded abroad;

b. To participate actively in conferences, seminars, consultative meetings and

training programs on trafficking in persons organized by member agencies;

c. To provide resource persons to government agencies and local government units in the administration of training programs or seminars for the purpose of promoting awareness on the issues and concerns of migration in general, and human trafficking, in particular;

d. To provide policy inputs and/or recommendations to address the issue on women

and child trafficking;

e. To serve as focal point for the IAEC's coordination and collaboration with the CICP and other international agencies concerned in the provision of appropriate technical and other support activities to the SGISM; and

NATIONAL BUREAU OF INVESTIGATION (NBI)

a. To assist in the investigation and documentation of arrested persons engaged in trafficking in human beings and in the filing of appropriate criminal and administrative charges;

b. To conduct intelligence and counter-intelligence operations on human trafficking;

c. To establish and maintain an up-to-date scientific crime laboratory and conduct researches in furtherance of scientific knowledge in criminal investigations particularly in trafficking in human beings;

d. To coordinate with other national and local agencies concerned in the prevention of trafficking in human beings;

e. To conduct surveillance, arrest and rescue operations on human trafficking;

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NATIONAL POLICE COMMISSION (NAPOLCOM)

a. Together with the Department of Foreign Affairs, to steer and oversee the proper implementation of the Project;

b. To be primarily responsible for implementing, supervising and monitoring of the criminal justice responses to trafficking in human beings, particularly in the implementation of law enforcement and prevention strategies;

c. To initiate the conduct of coordinative activities to include meetings and conferences on trafficking in human beings;

d. To exercise administrative supervision and control over subordinate offices under its jurisdiction which are involved in the campaign against trafficking in human beings;

e. To issue policies and guidelines to offices under its supervision for the proper implementation of the campaign plan against trafficking in human beings;

f. Together with the Department of Justice, to develop a model for better cooperation between law enforcers and prosecutors;

PHILIPPINE CENTER ON TRANSNATIONAL CRIME (PCTC)

a. To establish and maintain a shared central database for the effective monitoring, documentation and prosecution of cases in trafficking in human beings;

b. To assist in the collection of information on organized crime groups involved in trafficking in human beings;

c. To formulate and coordinate a comprehensive program to suppress trafficking in human beings and assess in its progress and development;

d. To establish a regular working group or Secretariat for and among law enforcement agencies that shall suppress trafficking in human beings;

e. To mount an active social marketing campaign to raise level of public awareness.

PHILIPPINE NATIONAL POLICE (PNP)

a. To continue with its primary law enforcement functions;

b. To assist in the conduct of basic awareness raising and training courses in the investigation of trafficking in human beings;

c. To identify and investigate agencies/establishments that are illegally engaged in the recruitment and smuggling of Filipinos abroad;

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d. To conduct intelligence and counter-intelligence operations against the suspected trafficking syndicates;

e. In coordination with the Department of Justice, to assist in the development of a coordination mechanism between the prosecution office and law enforcement agencies and other relevant government agencies;

PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA)

a. To intensify its program toward the eradication of illegal recruitment activities such as but not limited to providing legal assistance to victims, assistance in the prosecution of illegal recruiters, special operations and information and education campaign;

b. To assist the DFA in the preparation of a survey on training needs and development of a curriculum related to trafficking in human beings for consulate staff, overseas labor officers and social welfare officers fielded abroad;

c. To assist the DOJ and PNP in the preparation of guidelines in the investigation of cases of trafficking in human beings;

d. To coordinate with appropriate and relevant entities in the implementation of their respective programs;

OVERSEAS WORKERS' WELFARE ADMINISTRATION

a. To strictly monitor the working conditions, health, remuneration, shelter and other basic needs of OFWs and their relations with employers;

b. To assist in the campaign against illegal recruiters on overseas posts and through OWWA’s Welfare Officers and coordinate with the Philippine Overseas Employment Administration in exposing illegal recruitment activities of individuals/groups for prosecution in our courts;

c. To assist in the humane and orderly repatriation of documented and undocumented workers as mandated in R.A. 8042;

d. To assist in information dissemination, awareness campaigns, case documentation and advocacy undertaking.

Adequate Funding The conceptualization and implementation of Coalitions Against Trafficking in Human Beings in the Philippines is done with the assistance of the Center for International Crime prevention (CICP) of the UN Office for Drug Control and Crime Prevention (ODCCP) and the UN Interregional Crime and Justice Research Institute (UNICRI).

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Strategies The National Strategic Plan Against Trafficking brings to the forefront the involvement of organized crime groups in human smuggling and trafficking, and promote the development of effective criminal justice responses to these problems. Programs consisting of policy-oriented research and targeted technical cooperation, has been developed by the Centre for International Crime Prevention (CICP) and the United Nations Interregional Crime and Justice Research Institute (UNICRI).

The Plan has the following major strategies to include: 1. Enhancing government agencies' knowledge of trafficking and to improve

agency coordination.

2. Strengthening the institutional capacity of the criminal justice system to prevent, investigate and prosecute cases of trafficking in human beings, particularly as it related to combating organized crime

3. Strengthening crime prevention strategies against trafficking in human

beings specially women and children

4. Improving victim witness protection and victim assistance for victims of human smuggling and trafficking.

5. Improving international cooperation in cases of trafficking in human beings,

particularly as it relates to transnational organized crime.

Programs 1. COMPLETED PROGRAMS/PROJECTS/ACTIVITIES FOR PHASE I (2000-2001)

A. TRAINING FOR VARIOUS PROFESSIONAL GROUPS

a. Law Enforcers

��One-Day Awareness Training for Law Enforcers

b. Prosecutors ��Workshop for Law Enforcers and Prosecutors for the Preparations of

Guidelines for Cooperation between Prosecutors and Law Enforcers and proposals for the Establishment of a Model Coordination Mechanism

c. Consular Staff and Social Workers

��Training for Consulate Staff and Social Workers on Trafficking

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B. PREPARATION OF A COMPILATION OF RELEVANT LEGISLATION ON TRAFFICKING IN HUMAN BEINGS

One of the projects spearheaded by the Department of Justice is the preparation of training materials for various professional categories, including a booklet compiling relevant legislation and regulations for law enforcement officers and prosecutors, and guidelines in investigation and prosecution of trafficking-related cases. Two materials were produced by the Prosecution Core Group namely the “Compilation of Relative Laws” and the “Manual for Law Enforcement Officers and Prosecutors in Handling Cases of Trafficking and Guidelines of Cooperation”. Said materials are now being printed and will be distributed to frontline officers.

C. DEVELOPMENT OF A CURRICULUM RE “BASIC TRAINING PROGRAM AGAINST TRAFFICKING IN PERSONS” FOR CONSULAR STAFF TO BE FIELDED ABROAD

The United Nations and other International Organizations (UNIO), DFA, under the leadership of Asst. Secretary Tirona developed the said curriculum and conducted a pilot test training last December. The proposed curriculum was submitted including the documentation of the pilot test run. It is envisioned that the curriculum will be adopted in the regular training program for all embassies and consulates of the Philippines. Aside from consular staff of the DFA, this training will also be open to DSWD Social Workers, DOLE, POEA and OWWA personnel and Labor and military attaches to be fielded abroad.

D. CONDUCT OF A SURVEY AMONG NGOS The research component of the programme was handled by the Institute for Strategic and Development Studies (ISDS), chaired by Dr. Carolina Herrera in coordination with the United Nations Interregional Crime and Justice Institute (UNICRI). The survey was conducted on victims and the final report was submitted to the UNICRI last September 2001. 2. ONGOING PROGRAMS

A. SURVEY THE STATUS OF THE SHARED GOVERNMENT INFORMATION

SYSTEM (SGISM) AND RECOMMEND ASSISTANCE IN ITS FURTHER DEVELOPMENT AND OPERATIONALIZATION

The Office of the Legal Assistant for Migrant Workers Affairs of the Department of Foreign Affairs is in charge of this project. The OLAMWA, DFA is tasked to analyze the possible and adequate information accumulating mechanism with cooperating agencies for the improved system (the Web-Based Case Monitoring System (CMS) which is a component of the Shared Government Information System for Migration.

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B. ASSISTANCE IN THE DEVELOPMENT OF A CENTRAL DATABASE ON

TRAFFICKING IN HUMAN BEINGS TO BE HOUSED AT THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME (PCTC)

This project is commissioned to the Philippine Center on Transnational Crime. The PCTC, per EO 62, is mandated to establish a shared central database among government agencies for information on criminals, arrests and convictions on various transnational crimes, including trafficking in human beings. For the first phase, the PCTC was tasked to assess its information collection capacity on trafficking in persons. CICP sent an information technology expert, Mr. Wolfgang Rhomberg last July 2000 to help PCTC in its assessment. The PCTC submitted its initial report last October 2000 and its final report is expected to be submitted this week to the visiting mission. The report will include hardware description and configuration, a sample software program being developed for trafficking cases, an assessment of its human resources, and recommendations for interconnectivity with other agencies.

C. CONDUCT OF A SURVEY AMONG GOVERNMENT AGENCIES AND NGOS ON ORGANIZED CRIME INVOLVEMENT

The Institute for Strategic and Development Studies (ISDS), chaired by Dr. Carolina Herrera was assigned to handle the local research component of the programme in coordination with the United Nations Interregional Crime and Justice Institute (UNICRI).

3. FUTURE DIRECTIONS A. SUPPORT FOR VICTIMS AND WITNESSES OF TRAFFICKING IN HUMAN

BEINGS The project on victims and witnesses’ support is jointly handled by the Department of Justice (legal aspects) and the Department of Social Welfare and Development (social aspects). The comprehensive reports were submitted by the Consultants last April for consideration of the UNCICP. Both reports recommend a conduct of a massive information campaign on trafficking issues at the local levels to draw as many applicants as there are cases. This will be pursued in Phase II of the Programme. Support to victims is envisioned to institutionalize mechanism both at the national and local levels to provide protective and reintegration services to trafficked persons particularly children and women.

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B. COMMUNICATION PLAN FOR THE PREVENTION OF TRAFFICKING IN HUMAN BEINGS IN THE PHILIPPINES

��Awareness Raising Seminars on Trafficking in Human Beings with particular

focus on prevention of victimization ��Preparation of Information, Education and Communication Materials (flyers

and brochures, radio and TV plugs, comics on modus operandi, etc.)

In summary, it is noted that the objectives and activities set out in this technical assistance project are directed mainly towards law enforcement officers, prosecutors, and coordinating bodies dealing with issues related to trafficking in human beings. The United Nations Office on Project Services (UNOPS) is managing all financial needs of the project. Technical expertise and administrative support are provided by the Inter-Agency Executive Committee with the NAPOLCOM as Secretariat.

C. ADVANCE TRAINING FOR LAW ENFORCERS IN HANDLING TRAFFICKING RELATED CASES

The proposed project on the conduct of specialized training for law enforcers will be spearheaded by the Philippine National Police (PNP). The module shall include the introduction to human trafficking, special laws, rules and regulations, policies and procedures, government’s concern to human trafficking and procedures and techniques on interdiction.

Lessons Learned/Best Practices including Evaluation Lessons learned in the Philippine Government’s response to the issue of trafficking provide for significant insights into law, policy and program reforms. It is clear that there is an increasing need for coordination by the different functions of a Government agency involved in the national coalition to fight against trafficking, just as there is the constant need to strengthen inter-agency coordination for a national coalition nationwide. The functions performed by offices within each agency and by the different agencies must be clearly defined not so much to avoid an overlap of functions which may be necessary but to increase accountability and ensure that each aspect of the trafficking problem is addressed effectively. Thus, it has been learned that the roles of each agency must be identified. The overlap of functions must also be viewed in the context of strengthening the process of inter-agency cooperation and not as a duplication of efforts and resources. Duplication is brought about by a weakness in coordination and not an overlap of functions among offices within an agency, and among agencies. It is vital that the different government agencies continue to cooperate closely with each other to come up with a comprehensive and integrated approach to combat trafficking effectively. This need for an enhanced level of coordination and cooperation is reflected not only in the need to train personnel but also to share knowledge, information and best practices as widely as possible, not only among member

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agencies but also among members of civil society who may assist in the fight against trafficking.

On the domestic front, the passage of legislation to provide for the criminalization of trafficking and to institutionalize the protection of trafficked victims is necessary to effectively address the transnational phenomena of trafficking. By putting this in place, not only does the Philippines fulfill its international commitments but it also eases international cooperation and provides for harmonization of domestic measures on a regional and global level.

On the part of the Department of Foreign Affairs, it has been learned that gender sensitive and human rights oriented programs should be fostered in the work of embassies, on the level of consular assistance provided by the home office and in the human resource development initiatives within the department. An increased knowledge and skill in handling trafficking by department personnel is necessary as they are present in the process undergone by trafficking victims – from the issuance of travel documents to their protection overseas to their repatriation back to the Philippines.

The Cluster on Research and Best Practices has identified criteria for programs that could be considered best practices or practices worth sustaining. These criteria may serve as guideposts for the development of best practices in the fight against trafficking. These criteria are : (1) it has been going on for some time; (2) it is a program, not an activity; (3) it can be replicated; (4) it has impact; (5) it has been monitored, evaluated and documented.

Future Directions (Follow-up Actions/Recommendations) In recent years when the trafficking of persons has come to earn increasing concern and attention, the Philippines has increasingly developed strategies to address trafficking and thus decrease the vulnerabilities of the large population of Filipinos overseas. Regional and international cooperation on the issues of trafficking has strengthened and programs to constructively address the problem in all its facets began to develop. It is clear that these projects and initiatives must continue to be supported and to be run in a larger scale so that it may impact on a larger number of the targeted population. The role of prevention is especially noted in the fight against trafficking as it employs value formation, education and information dissemination programs. One such program includes the conduct of curriculum to assist in human rights and gender sensitive training provided for public defenders, law enforcers and social welfare officers that provide counseling services to the trafficked. Another is the conduct of pre-departure seminars which integrates the concern for trafficking and protection of victims for the Embassy and consular front-liners who deal with overseas Filipinos everyday.

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Agency recommendations include the following:

DFA

��Improve and strengthen coordination within the agencies and among member-agencies of the IAEC;

��Streamline and rationalize the functions by eliminating overlaps and duplication to achieve efficiency, economy and simplicity in needed procedures and operations;

��Strengthen institutions and capacity building; ��Sensitization and basic awareness; ��Training of responsible personnel; ��Regional and global affiliation.

DSWD

��Policy

��Issuance of revised Administrative Order on Guidelines for Minors Traveling Abroad to implement Art. IV (Child Trafficking) of Special Protection of Filipino Children (RA 7610)

��Continuing dialogues with DFA Consular Services and Bureau of Immigration as well as with travel agencies on policies and procedures to prevent trafficking of children

��Continuing advocacy, information and education on children and women’s rights at all levels – Convention on the Rights of the Child and Convention on the Elimination of Discrimination Against Women as well as the ILO Conventions 138 and 182 and the Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption

��Assist in the adoption and monitoring of the Framework of Action Against Commercial Sexual Exploitation of Children and Plan of Action on the Girl Child

��Data base of available services shall be developed at the national and local levels for children and women victims of trafficking

��Financial or in kind support shall be made available to NGOs providing service to trafficked victims particularly children and women.

��Service Delivery

��Cater to the needs of victims of trafficking in children and women through the DSWD Hotlines and Crisis Intervention Unit (CIU) in all regional offices to include provision of counseling, medical, legal and psycho-social services to individuals in crisis situation and conduct referral service to the victims for the provision of other services to facilitate recovery and reintegration;

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��Undertake rescue operations of children victims of sale/trafficking together with NGAs and NGOs

��Provision of temporary shelter for victims of trafficking including other services such as stress debriefing, counseling/therapy, skills training and other support services for their recovery and reintegration with their families;

��Advocacy, information and education on children’s and women's rights through community assembly, seminars and other fora for early detection and prevention of trafficking in human beings;

��Encourage LGUs, NGOs, Pos and others to conduct assemblies and organize women and children to empower on their rights;

��Posting of social workers in DSWD Desks at international airports to monitor travel of children abroad to prevent cross border or international trafficking.

��Mobilizing community groups such as the Council for the Protection of Children to intensify surveillance on children at risk and refer cases to appropriate agencies for intervention and reintegration.

��Provide other protective, support services to trafficked children and women necessary for their recovery and reintegration.

��To strengthen delivery of services to address the needs of trafficked victims particularly children and women.

CFO

��Provision of guidance and counseling services to Filipino fiancees/spouses of foreign nationals to help them cope with difficulties in intermarriage and settlement overseas;

��Conduct of community education programs at the grassroots level to raise public awareness on various issues concerning migration and relevant government policies and programs;

��Provision of assistance on cases involving domestic violence, exploitation, request for financial support from foreign spouses and abandonment, among others;

��Development, publication and application of educational modules on international migration and development to integrate issues and concerns on international migration particularly those on women, mail-order bride schemes, illegal recruitment and other emerging modes of trafficking into the elementary, secondary and tertiary curricula;

��Development and maintenance of the following information systems:

a. Serial Sponsors Watchlist, which seeks to detect prospective serial sponsors

b. Case Monitoring System, which seeks to effectively document and monitor Assistance-to Nationals cases

c. Migrants Advisory Information System (MAIS) which seeks to make information on migration readily available to the public;

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��Support the establishment of the Shared Government Information System for

Migration (SGISM) to allow exchange of information and data sharing between and among member-agencies and with the public. (DFA is Chair of the SGISM);

��Development and formulation of policy recommendations to promote the well-being and interests of overseas Filipinos;

��Establishment of linkages and cooperation programs with overseas Filipino communities/associations with the endview of engaging them in programs that aim to

PNP ��Policies

��To intensify coordination with other law enforcement agencies like the NBI, NALECC and the NACC;

��To establish national and international Crime Information System or database through strong cooperation, concerted operations and partnership with government agencies and international police organizations to ensure sharing of information;

��To cooperate with the pillars of the Criminal Justice System to ensure conviction of the criminal offenders;

��To train its personnel on applicable laws to better address the problem of trafficking in human beings.

��Programs, Projects and Activities

��Enhancement of the National Crime Information System ��Establishment of IT-based linkages with International Law Enforcement

Agencies ��Periodic consultations with international counterparts and attendance to the

different for a on law enforcement ��Updating and determination of our precise watchlist of kidnapping

syndicates to enable law enforcement units to identify and neutralize said syndicates

��Encourage Congress to enact laws addressing transnational crimes, particularly human trafficking

��Conduct of training regarding investigation of human trafficking.

Sharing with Neighbors (Regional Cooperation) Under the leadership of the Philippines as Interregional Asia Pacific Consultation on Refugees, Displaced Persons and Migration (APC) coordinator, regional cooperation initiatives have begun to take form. The incalculable contributions made by the sharing with APC countries of curriculum can assist states with similar conditions as the

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Philippines. The sharing of the MOU with APC countries may also assist them in their efforts to put up or coalesce different government agencies for the purposes of establishing national coalitions against trafficking. Furthermore, lessons learned may also be shared in interactions with international fora on trafficking and migration such as the Manila process and within the processes of international organizations such as the ASEAN which continues to be active in the addressing transnational organized crime. Inter-country collaboration becomes necessary given the international nature of trafficking of persons, especially women and children.

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APPENDIX

Initiatives of Individual Agencies:

DOJ ��Reorganization and reconstitution of the following task forces:

��Task Force Law Enforcement Group to render support to the PAOCTF,

PNP, NBI, TMG, CIDG and NDLEPCC; ��Task Force on Children and Women Protection; ��Task Force on Anti-Piracy of Intellectual Property Rights; ��Task Force on Passport Irregularities

��Establishment of Task Force Katarungan (TAFKA) to monitor the prosecution of

criminal cases that the office of the Regional State Prosecutor identifies as having gained significance by reason of strong public sentiments and to coordinate all government efforts in their prosecution before the courts;

��Conduct of a continuing legal education program to improve prosecutors’ efficiency in investigation, adjudication and trial work;

DILG

Issuance of the following Memorandum Circulars addressed to all local chief executives:

��Memorandum Circular No. 90-82 dated Sept. 21, 1990 to institutionalize early childhood development through the establishment of day care centers;

��Memorandum Circular No. 95-56 dated April 27, 1995 re: submission of report on the compliance to the establishment of day care centers in every municipality;

��Memorandum dated March 24, 1999 entitled One Hundred Percent Birth Registration of All Children Below 18 Years Old By December 31, 2000; Memorandum Circular No. 99-164 dated Sept. 7, 1999 entitled Campaign Against Commercial Sexual Exploitation of Children;

��Memorandum Circular No. 99-04 dated January 7, 1999 entitled Sports for Streetchildren in the NCR; and Memorandum Circular No. 2000-46 dated April 24, 2000 entitled HIV/AIDS Youth Advocacy Package Trainers Training for Youth Leaders.

DSWD

��Reproduction of Primer on Children Travelling Abroad; ��Issuance of Administrative Order No. 6 re: Guidelines for Minors Travelling Abroad;

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��Reporting of cases of child trafficking through the Crisis Intervention Unit (CIU) in all regional field offices which provides medical, legal and psychosocial services to individuals and families in crisis situation;

��Undertaking rescue operations of children victims of sale/trafficking together with NGAs and NGOs;

��Advocacy, information and education on children’s rights through community assembly, seminars and other fora for early detection and prevention of child trafficking;

��Conduct of children’s congress and assemblies to empower them on their rights; ��Posting of social workers in DSWD Desks at international airports to monitor

travel of children abroad to prevent cross border or international trafficking; ��Issuance of travel clearance to minors travelling alone or with one parent to

ensure children are travelling for an appropriate purpose and that they are accompanied by responsible individuals;

��Use of Bantay-Bata Hotlines to report cases of child abuse/trafficking; ��Mobilizing community groups such as the Barangay Council for the Protection of

Children to constitute a Task Force against child abuse/trafficking which conducts surveillance on children at risk and refer cases to appropriate agencies for intervention; and

CFO

��Provision of guidance and counseling services to Filipino fiancees/ spouses of foreign nationals to help them cope with difficulties in intermarriage and settlement overseas;

��Information campaign programs on migration and intermarriages nationwide through school and community symposia, radio and TV interviews and other public for a organized by other GOs and NGOs;

��Public assistance programs on cases which includes domestic violence, exploitation, request for financial support from foreign spouses and abandonment;

��Formulation of Educational Modules on International Migration and Development to integrate issues and concerns on international migration, including those on women, mail-order bride schemes, illegal recruitment and other emerging modes of trafficking, into the elementary, secondary and tertiary curricula;

��Development of the following data banking and computerization programs:

��Case Monitoring System which seeks to effectively document and monitor cases referred to CFO for assistance;

��Migrants Advisory Information System (MAIS) which seeks to make information on migration readily available to the public;

��Establishment of the Shared Government Information System for Migration (SGISM) to allow exchange of information and data sharing between and among member-agencies and with the public.

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POEA

��Development of bilateral agreements in coordination with the DFA to promote the welfare of overseas Filipino workers and enhance collaborative linkages with foreign counterparts;

��Comprehensive System of Registration, Training, Testing and Certification for overseas performing artists and domestic helpers;

��Facilitation of Recruitment Process to simplify the recruitment process for overseas workers through policy and structural adjustments;

��Workers’ Education Program to provide sufficient information to guide migrant workers against exploitation.

��Publication of monthly overseas employment advisories in newspapers of general circulation pursuant to Section 14 of RA 8042;

��Tri-media advocacy; ��Development of anti-illegal recruitment programs such as providing legal

assistance to victims of illegal recruitment, assistance in the prosecution of illegal recruiters, special operations and information and education campaign;

��Establishment of a One-Stop Center Against Illegal Recruitment composed of POEA and CIDG.

OWWA

��Awareness raising/information dissemination as part of seminars/training conducted among overseas Filipino workers specifically the training on social counseling for women.

Administrative and Department Orders ��Administrative Order No. 14, series of 1991 – Providing for the Creation in Each of the

Administrative Region of the Country a Task Force to Promote the Prompt and Speedy Prosecution of Criminal Cases to be Known as “Task Force Katarungan”

��Memorandum Circular No. 12 – Administrative Order No. 14 of the Office of the

President dated 9 October 1992 Providing for the Creation in Each Region a “Task Force Katarungan” (TAFKA)

��Department Order No. 197 – Reorganizing the Task Forces in the Office of the Chief

State Prosecutor and Redefining the Respective Functions Thereof

��Department Circular No. 62 – Redefining the Policy Guidelines in the Office of the Chief State Prosecutor, Rationalizing the Handling of Cases for Preliminary Investigation and Inquest Proceedings, Streamlining of Task Forces Thereunder and for Other Purposes.