Congress urged to lift privacy right of illegal recruiters
by MARIA ALETA O. NIEVA, abs-cbnNEWS.com
Legislators are being urged to amend a clause in the Philippine anti-trafficking law to curb the increasing number of illegal recruitment and human trafficking cases.
“Nakipag-ugnayan kami kay Senator Jinggoy Estrada, and he has requested us to come up with a draft bill amending that confidentiality clause,” said Susan Ople, president of the Blas F. Ople Policy Center.
According to Ople, the confidentiality clause contained in the Republic Act 9208 or the Anti-trafficking in Persons Act of 2003 has a “chilling effect” on the work of non-government organizations and even authorities as it also protects the identities of human traffickers from being exposed.
“Under Section 6 of the Anti-trafficking Act which was passed in 2003, yung rights of the victims to confidentiality ay equal or at par with the rights of the accused for confidentiality,” said Ople.
Syndicates persist
During Monday’s press conference in Quezon City, Ople said trafficking syndicates continue its operation despite having outstanding warrants of arrest.
The former labor undersecretary said members of human trafficking syndicates move to other places and assume different names, making it hard for authorities and NGO’s to seek the help of concerned citizens, the media and local leaders.
“Ok lang na confidential yung names and identities ng victims. That should really be the case kasi karamihan sa kanila mga single parents, single moms, kababaihan. Pero yun namang mga accused na alam naman natin na talagang member ng sindikato kasi transnational crime naman ang human trafficking, bakit naman kailangang ikubli ayon sa batas ang kanilang ginawa at kanilang mga pangalan at kanilang tirahan,” asked Ople.
She explained that human traffickers use conduits to approach a victim. Conduits are sometimes the victims’ neighbors or friends.
“They are now more aggressive. More than ever sa panahon na ito ng krisis mas agresibo sila. Ang distinction kasi ang mga illegal recruiters, they're out really to make a profit. Yung sa human traffickers, kumita na sila ine-exploit pa nila paulit-ulit yung mga victims kaya kino-confiscate nila yung passport. Ginagawa nila hindi lang alila kung di alipin sa abroad,” said Ople.
Few convictiions
Citing records from the Task Force Against Human Trafficking under the Commission on Filipinos Overseas, Ople said there have only been 12 convictions since RA 9208 was passed in 2003.
“Many of our women are treated like slaves in domiciles and prostitution dens across the seas, and yet the law prohibits us from sharing information on the modus operandi of their tormentors because they are given the same right to privacy as the victims,” said Ople.
For his part, Deputy Administrator Hans Cacdac of the Philippine Overseas Employment Administration (POEA) said that the clause does not prevent them from looking into the modus operandi of the accused.
“In fact, itong istilo namin sa POEA, kasi kahit may presumption of innocence ang isang illegal recruiter habang tumatakbo ang kaso, sabihin na nating hindi pa yan nako-convict kaya hindi pa pwedeng mabunyag ang pangalan, ang istilo namin sa POEA ay inilalabas na namin ang modus operandi,” said Cacdac.
He added, “sa pananaw ko, yung modus operandi ng isang illegal recruiter, pwede na yang ibunyag for purposes of informing our citizens.”
Information campaign
Another effort of the POEA, Cacdac said, is the preventive approach by undertaking pre-employment seminars “to inform our people about the dangers of being recruited.”
Citing records from the POEA, Cacdac said that human traffickers often bring their victims to Malaysia and also to the Middle East. Illegal recruiters, meanwhile, use markets where legal OFWs go like to Dubai, and other countries in the Middle East and Canada.
“Mainit na mga merkado na madalas din puntahan, yan din ang paboritong pang-entice ang mga biktima,” he said.
Ople also added that victims are sent to Syria and Malaysia through the use of Diosdado Macapagal International Airport.
“Sana kung may mag-alok sa inyo at individual ito at nakilala lang kayo sa mall or gustong makipagkita sa inyo sa isang restaurant, mag-ingat na kayo, hindi ito tunay na recruiter as accredited by the POEA kung di malamang mga galamay ito ng mga sindikato,” said Ople.
as of 03/16/2009 10:23 PM
Legislators are being urged to amend a clause in the Philippine anti-trafficking law to curb the increasing number of illegal recruitment and human trafficking cases.
“Nakipag-ugnayan kami kay Senator Jinggoy Estrada, and he has requested us to come up with a draft bill amending that confidentiality clause,” said Susan Ople, president of the Blas F. Ople Policy Center.
According to Ople, the confidentiality clause contained in the Republic Act 9208 or the Anti-trafficking in Persons Act of 2003 has a “chilling effect” on the work of non-government organizations and even authorities as it also protects the identities of human traffickers from being exposed.
“Under Section 6 of the Anti-trafficking Act which was passed in 2003, yung rights of the victims to confidentiality ay equal or at par with the rights of the accused for confidentiality,” said Ople.
Syndicates persist
During Monday’s press conference in Quezon City, Ople said trafficking syndicates continue its operation despite having outstanding warrants of arrest.
The former labor undersecretary said members of human trafficking syndicates move to other places and assume different names, making it hard for authorities and NGO’s to seek the help of concerned citizens, the media and local leaders.
“Ok lang na confidential yung names and identities ng victims. That should really be the case kasi karamihan sa kanila mga single parents, single moms, kababaihan. Pero yun namang mga accused na alam naman natin na talagang member ng sindikato kasi transnational crime naman ang human trafficking, bakit naman kailangang ikubli ayon sa batas ang kanilang ginawa at kanilang mga pangalan at kanilang tirahan,” asked Ople.
She explained that human traffickers use conduits to approach a victim. Conduits are sometimes the victims’ neighbors or friends.
“They are now more aggressive. More than ever sa panahon na ito ng krisis mas agresibo sila. Ang distinction kasi ang mga illegal recruiters, they're out really to make a profit. Yung sa human traffickers, kumita na sila ine-exploit pa nila paulit-ulit yung mga victims kaya kino-confiscate nila yung passport. Ginagawa nila hindi lang alila kung di alipin sa abroad,” said Ople.
Few convictiions
Citing records from the Task Force Against Human Trafficking under the Commission on Filipinos Overseas, Ople said there have only been 12 convictions since RA 9208 was passed in 2003.
“Many of our women are treated like slaves in domiciles and prostitution dens across the seas, and yet the law prohibits us from sharing information on the modus operandi of their tormentors because they are given the same right to privacy as the victims,” said Ople.
For his part, Deputy Administrator Hans Cacdac of the Philippine Overseas Employment Administration (POEA) said that the clause does not prevent them from looking into the modus operandi of the accused.
“In fact, itong istilo namin sa POEA, kasi kahit may presumption of innocence ang isang illegal recruiter habang tumatakbo ang kaso, sabihin na nating hindi pa yan nako-convict kaya hindi pa pwedeng mabunyag ang pangalan, ang istilo namin sa POEA ay inilalabas na namin ang modus operandi,” said Cacdac.
He added, “sa pananaw ko, yung modus operandi ng isang illegal recruiter, pwede na yang ibunyag for purposes of informing our citizens.”
Information campaign
Another effort of the POEA, Cacdac said, is the preventive approach by undertaking pre-employment seminars “to inform our people about the dangers of being recruited.”
Citing records from the POEA, Cacdac said that human traffickers often bring their victims to Malaysia and also to the Middle East. Illegal recruiters, meanwhile, use markets where legal OFWs go like to Dubai, and other countries in the Middle East and Canada.
“Mainit na mga merkado na madalas din puntahan, yan din ang paboritong pang-entice ang mga biktima,” he said.
Ople also added that victims are sent to Syria and Malaysia through the use of Diosdado Macapagal International Airport.
“Sana kung may mag-alok sa inyo at individual ito at nakilala lang kayo sa mall or gustong makipagkita sa inyo sa isang restaurant, mag-ingat na kayo, hindi ito tunay na recruiter as accredited by the POEA kung di malamang mga galamay ito ng mga sindikato,” said Ople.
as of 03/16/2009 10:23 PM
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