Philippines remains in TIP Tier 2 Watch list

The US Department of State today relegated the Philippines into Tier 2 watchlist on trafficking. This is already second in a row. It means that next year, the Philippine government will face the inevitable: it will be on Tier 3... unless, it does something really strong. Not in words, but in action.

Here is the heart of the assessment, and I highlight some important points:

"The Government of the Philippines does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government significantly increased the number of trafficking cases filed in courts and, with the help of NGOs, increased the number of sex trafficking convictions it achieved. Though the government filed several labor trafficking cases for prosecution, it has never convicted any offenders of labor trafficking, a significant problem for Filipinos within the country and around the world. The government also convicted its first official for trafficking-related complicity, but further efforts need to be taken to address the significant level of corruption that allows serious trafficking crimes to continue. Despite these overall efforts, the government did not show evidence of significant progress in convicting trafficking offenders, particularly those responsible for labor trafficking. The Philippines therefore remains on Tier 2 Watch List for the second consecutive year. Greater progress in prosecution and conviction of both labor and sex trafficking offenders is essential for the Government of the Philippines to demonstrate significant and increasing progress toward compliance with the minimum standards for the elimination of trafficking." (Source: http://www.state.gov/g/tip/rls/tiprpt/2010/142761.htm)

It is true that the Philippine government has not convicted any cases of labor trafficking. Most cases filed in the previous years have yet to reach any decision. With the help of NGOs such as Visayan Forum, the Blas F. Ople Foundation, and the International Justice Mission, some cases have been recently filed against recruiters caught red-handed. In fact, the Visayan Forum have catered to under-aged domestic workers, some as young as 14 years old, trafficked to Middle East. Some complainants were rescued in training centers in Manila where the recruitment agencies have already allegedly charged exorbitant fees and deductions of food and even mineral water.

Government prosecutors are taking ages to win even reach first steps in court, while these complainants are already dying of hunger and debt as they returned to their poor families.

In the past, most of the trafficking cases filed against recruitment agencies were downgraded into illegal recruitment. So technically, these are not trafficking cases anymore.

Traffickers are also very sly in buying off their victims with as much as P50,00 each.

The main difficulty in getting prosecution in this area is that, under the anti-trafficking law, jurisprudence still have to be established in terms of the what examples of practices constitute exploitation. As I explained, the easy cases were done using illegal recruitment articles.

Also, the labor laws are too scattered in defining what practices constitute exploitation. We hope that with the discussions and eventual ratification of the ILO Convention on Domestic Workers, the liabilities of intermediaries will be clearly defined. As of now, the discussions are into the abuses of employers, so unless the victim files a case against the employer (who is subject to the laws of the destination countries), and further proves that the employer has been directly involved in the recruitment process, then it will be very hard to build a solid case against trafficking for exploitation.

In the meantime, we can use existing provisions in the Philippine Recruitment and Placement Regulations, which by the way, remain disaligned tothe Anti-Trafficking Law. The DOLE has yet to approve the new guidelines, which were discussed and finalized at least two years ago.

Another important point made in the report is the lack of prosecution of trafficking related corruption cases. This is a very important aspect of the fight against trafficking, as government officials have been reported and identified by victims themselves. They helped in falsifying passports, passing through immigration and as owners themselves of bars and brothels.

Not one has prospered, although NGOs, again kick starting the efforts, have convinced some victims to pin point these colluders.

It will take at least two years before any significant steps will be seen. In the meantime, the paramount task is to ensure the safety of these witnesses as they are exposure to sure retaliation by the alleged government officials.

The key to fighting corruption is for citizens like you and me to stand up and complain against these government officials. Unless a complaint will be lodged, the stories will remain as hearsay. In the meantime, the agency heads of these officials will just transfer these perpetrators to other areas of assignment as a the usual administrative sanction.

The final point to note about the assessment is that the tier system evaluates government performance, not NGOs or other groups. So despite increasing efforts of NGOs, in the final analysis, it is the government that should be fully responsible in stepping up and sustaining the fight against trafficking. After all, they owe us an explanation where our taxes really go.