You are on page 1of 50

The Philippine Guidelines

on the Protection of the Rights of


Trafficked Women

Philippine Commission on Women


in coordination with the
Inter-Agency Council Against Trafficking (IACAT)

2013
Published by:

Office of the President


Philippine Commission on Women
1145 J. P. Laurel Street, San Miguel
1005 Manila, Philippines

1st Printing
December 2013

All rights reserved.

ISBN: 978-971-8701-13-3

Cover design by Arturo B. Teves II of Las Pinas National High School


Foreword

Human trafficking is a global concern that continues to affect the


lives of many Filipino women in and out of the country. Repub-
lic Act 9208 or the Anti-Trafficking in Persons Act of 2003, as
amended by Republic Act 10364 or the Expanded Anti-Trafficking
in Persons Act of 2012 is a landmark legislation addressing this
issue. The law mandates the Philippine government, through the
Inter-Agency Council Against Trafficking in Persons (IACAT), to
ensure that mechanisms for the protection and support of traf-
ficked persons are in place, as well as ensure the timely, coordi-
nated, and effective response to cases of trafficking in persons.
As the primary policy-making, coordinating and oversight body on women and gender-equa-
lity concerns, the Philippine Commission on Women, in coordination with the IACAT, and in
consultation with some womens organizations and women survivors of trafficking, developed
the Philippine Guidelines on the Protection of the Rights of Trafficked Women.

We recognize the necessity of the guidelines for the protection of the rights of trafficked women
as we are alarmed by the number of Filipino women affected by human trafficking and women
survivors seeking help for redress and for justice to be served. This resource tool would help our
service providers, practitioners and implementing agencies in ensuring a more comprehensive,
practical, supportive and gender-responsive management of cases of trafficked women.

The Guidelines form part of our compliance with international commitments such as the Con-
vention on the Elimination of all Forms of Discrimination Against Women (CEDAW) which rec-
ommends in its Concluding Comments in 2006, for the Philippines to take action in pursuing a
holistic approach in addressing trafficking in women.

It is hoped that the Guidelines would inspire and empower the service providers and duty-bear-
ers in playing their role in the effort to end human trafficking and all forms of violence against
women and girls.

REMEDIOS I. RIKKEN
Chairperson
Philippine Commission on Women

Philippine Guidelines on the Protection of the Rights of Trafficked Women i


Messages
The story of abuse has many faces. Each face reveals the
anguish of a stolen life.

It has many names - exploitation, slavery bondage, traf-


ficking. Dressed in different denominations, victims of
such crimes are mostly rendered naked by their grief and
desolation, some acquainted with sorrow so very early in
their lives. Wracked by rejection and stripped off their dig-
nity, victims hide their faces from us.

Advocates have long trekked the tremulous journey for


justice, sometimes alongside the victims, other times par-
allel. The varying facets of the struggles occasionally rendered fruitless, often frustrating results.
Nonetheless. the greater population of advocates, and thankfully the victims themselves, are con-
verged in understanding on how law and international protocol play in ending human trafficking.

The Philippine Guidelines on the Protection of the Rights of Filipino Women will not solve
everything nor will it answer the nuanced and layered complexities of trafficking. As packaged, it
can be accused of being too protectionist when our socio-economic reality suggests that continu-
ing and independent labor migration requires the Philippines to also have a sturdy and effective
framework on prevention. Also, despite the amendments infused in the Expanded Anti-trafficking in
Persons Act , the law and institutional mechanisms appear to remain focused on protecting wom-
en, effectively directing attention away from the possibility that men are also victims of trafficking.

Notwithstanding the above and similarly textured observations, the Guidelines is a shining example
of governance and interventionist tool that ameliorates the plight of trafficked victims in the varying
stages of the trafficking continuum. As Secretary of Justice and Chairperson of the Inter-Agency
Council Against Trafficking (IACAT). I am determined to lobby for the full and comprehensive ad-
herence to the Guidelines, as much for the advocates sake, as for the victims.

For the advocates, the Guidelines is altogether a roadmap, a checklist and tool, both practical
and pedagogical , that can enhance their services for engagement with the victims , the Guidelines
is an empowering and participatory instrument that can help them situate themselves in the con-
text of the phenomenon, in general, and the abuse , in particular. The Guidelines, more importantly,
affords them the information that can assist them in making life choices vis-a-vis rescue, legal
intervention, rehabilitation, and re-integration into society.

Philippine Guidelines on the Protection of the Rights of Trafficked Women ii


A harmonious multi-sectoral approach espoused by the Guidelines in addressing the trafficking
plague requires moral imperative for all advocates to recognize trafficking as primarily a human
right issue.

This necessitates the unequivocal attention of the Government. This justifies our sustained and
enthusiastic commitment to eradicate this plague. Thus, I commend all the women and men who
made the writing and editing of this publication possible. I hope the spirit behind the conceptual-
ization of the Guidelines is clear to everyone as it is to me that in this crusade, failure is never an
option. Good luck to all of us and Godspeed!

LEILA M. DE LIMA
Secretary of Justice

Philippine Guidelines on the Protection of the Rights of Trafficked Women iii


Messages
Sunflower greetings!

It is with great pleasure that I extend my warmest con-


gratulations to the Philippine Commission on Women (PCW)
and the Inter-Agency Council Against Trafficking (IACAT)
for your joint accomplishment of coming up with the Philip-
pine Guidelines on the Protection of the Rights of Trafficked
Women.

Our fight against this social problem is now bearing fruit


with the enhanced awareness of the public on the dangers
of trafficking.

Through print, broadcast and social media, we at IACAT


continuously advocate the need for increased vigilance, par-
ticularly at the local government level.

As co-chair of the IACAT, I call on the Council members to


tighten the implementation of anti-trafficking measures through closer collaboration and coor-
dination with stakeholders.

Specifically, there is a need to strengthen the Barangay Council for the Protection of Chil-
dren (BCPC) in high risk areas, such as poor communities and towns which have experienced
disasters.

Hand-in-hand with our advocacy and information campaign is the expertise of properly handling
victims of trafficking, particularly women and children.

We must bear in mind that trafficking survivors are sensitive as they have been through very
traumatic experiences. Their successful rehabilitation and reintegration with their families and
communities are dependent on the way they were first assessed and provided with appropriate
interventions.

Hence, these Guidelines will further capacitate our direct responders, social workers and law
enforcers in the proper and gender-sensitive handling of these cases of women victims-survivors
of trafficking.

Let us continue to work together to achieve a trafficking-free society.

Philippine Guidelines on the Protection of the Rights of Trafficked Women iv


Preface
With the increasing global trend of trafficking in persons (TIP), every nation faces the challenge
of combating sexual and labor exploitation among illegal enterprise primarily targeting women
and girls. The problem of trafficking in women has been continuously discussed at the regional
and national level with the end goal of identifying structural changes necessary for the immediate
relief and long term intervention program to promote and protect the rights of trafficked women.

To help address the issue, the Philippine Commission on Women (PCW), the primary
policy-making, coordinating and oversight body on women and gender equality concerns led the
development of this publication in coordination with the Inter-Agency Council Against
Trafficking (IACAT), and in consultation with womens organizations and the women survivors of
trafficking as mandated in Section 16 item (e) Programs that Address Trafficking in Persons of RA
9208, as amended by RA 10364 or the Anti-Trafficking in Persons Act. The PCW coordinated the
development of guidelines that contain prevention and protection strategies for women victims
of human trafficking. This publication documents the collective process that has taken place to
produce practical guidelines for government agencies, local government units, non-government
organizations and service providers in the effective management of cases of trafficked women.

The guidelines are composed of three main sections. The first section provides a perspective on the
protection of rights of trafficked women with a discussion of the legal framework, the definition of
key concepts and the general principles. The ecological framework and the multifaceted nature and
response to violence also reflect the progression in the succeeding sections. The second section
discusses the specific guidelines responding to the immediate relief and continuing rehabilitation at
the individual level intervention. These are clustered into pre-rescue, rescue, recovery and post-rescue
operations as well as the reintegration program to further facilitate guidance for those directly involved
in the protection and prosecution components of trafficking. The last section emphasizes the long
term agenda of institutionalizing multi-sectoral prevention and response against trafficking of women.

The contents have been gathered and modified from primary and secondary sources including first
hand information from women survivors whose struggles and experiences of emotional
resilience contribute to institutional analysis and response to trafficking.

The publication is intended as a resource tool to guide service providers, practitioners and
implementing agencies to ensure a more comprehensive, practical and supportive response
and management of the cases of trafficked women.

Finally, it aims to provide a lifeline support to every woman survivor of trafficking still
trapped in fear, debt bondage, domestic servitude and slavery-like conditions towards
creating an enabling environment that promotes and protects the rights of trafficked
women. The document also intends to help institutions in the fight against trafficking in women.

Philippine Guidelines on the Protection of the Rights of Trafficked Women v


Acknowledgment
The Philippine Guidelines on the Protection of the Rights of Trafficked Women is a result of
the collaborative effort and support of various government agencies, civil society organiza-
tions, and individuals including women survivors of trafficking.

The Philippine Commission on Women (PCW) extends its deep appreciation to the Inter-
Agency Council Against Trafficking (IACAT) whose members significantly contributed to
the development of this publication.

We also recognize the support of the entire IACAT Secretariat, especially the Strategic
Management and Special Operations Division, for taking time in circulating this document
to member agencies, and the Public Information and Communications Division for the
photos used in this publication.

The PCW would like to thank Lourdes G. Balanon, former DSWD Undersecretary, who
served as the Consultant for this Publication.

We acknowledge the help extended by Marilen Soliman in coordinating the development


of this publication, as well as Ma. Gichelle A. Cruz and Karen E. Lapitan in editing and
layouting this publication.

Lastly, our sincerest gratitude to the consultation participants and women survivors of
trafficking for their time and active participation and whose struggles and experiences of
emotional resilience contributed to the institutional analysis and response to trafficking.

Philippine Guidelines on the Protection of the Rights of Trafficked Women vii


Table of Contents
Foreword i
Messages ii
Preface v
Acknowledgment vii
Acronyms x

Section A 1
1. Overview 1
2. Legal Framework 2
3. Definition of Terms 3
3.1. Access to Justice 3
3.2. Country Team Approach 4
3.3. Domestic Trafficking 4
3.4. Gender Discrimination 4
3.5. Gender-Responsive Case Management 4
3.6. International Trafficking 4
3.7. Inter-Agency Council Against Trafficking (IACAT) 4
3.8. Multidisciplinary Team Approach 4
3.9. Potential Trafficked Women 4
3.10. Service providers 5
3.11. Survivors 5
3.12. Trafficked Women 5
3.13. Traffickers 5
3.14. Trafficking in Persons 5
3.15. Women 5

4. General Principles 5

4.1. Confidentiality and Right to Privacy 5


4.2. Do no harm 5
4.3. Empowerment 6
4.4. Gender-Sensitivity 6
4.5. Good Governance 6
4.6. Informed Consent 6
4.7. Principle of Participation and Self-Determination 6
4.8. Right to Information 6
4.9. Right to Non-Discrimination 6
4.10 Women Empowerment 7
Section B 8
5. Specific Guidelines 8
5.1. Pre-rescue Operation 8
5.1.1. Detection and Identification of Potential Trafficked Women 8
Trafficked Women Identified Through Hotlines, Referrals,
Community Outreach, Personal Manifestation and Other
Means
5.1.2. Rapid Identification of Trafficked Women 9
5.2. Rescue and Recovery of Trafficked Women 11
5.3. Post-rescue and Integration Program 12
5.3.1. Pre-requisites on Initial Contact with the Trafficked Women 13
5.3.2. Gender-sensitive Interview 14
5.3.3. Implementing Multidisciplinary Team Approach 15
5.3.4. Physical Turn-over of Custody of Trafficked Women 16
5.3.5. Continuing Protection and Support of Trafficked Women 17
Protection and Support Services for Filipino Trafficked Women 18
in the Country
Protection and Support Services for Filipino Trafficked Women 19
Abroad
5.3.6. Healing Partnership through Gender-Responsive Case 20
Management
Individual Case Assessment 20
Intervention Planning and Implementation 21
5.3.7. Monitoring and Evaluation of Implementation of Intervention 22
Programs on Recovery and Reintegration 22
5.3.8. Access to Justice 23
Legal Protection and Assistance 23
Criminal Proceedings 23
Civil Proceedings 23

Section C 25
6. Institutionalizing Multi-Sectoral Prevention and Response 25
6.1. National, Regional and International Collaboration 25
6.1.1. National Mechanism 25
6.1.2. Regional and International Mechanism 26
6.2. Capability Building, Protection and Support of Service Providers for Trafficked 27
Women
6.2.1. Capability Building 28
6.2.2. Legal Protection 29
6.2.3. Support System 29
6.3. Prevention of Trafficking in Women 29
6.3.1. Information and Educational Campaigns 29
6.3.2. Programs Reducing Vulnerability of Women 30
6.3.3. Programs Reducing Demand 31
6.4. Research, Data Management and Documentation 31
6.4.1. Research 32
6.4.2. Data Management 32
6.4.3. Documentation 32
Acronyms
ALG Alternative Law Group
AO Administrative Order
ASEAN Association of South East Asian Nations
BI Bureau of Immigration
CEDAW Convention on the Elimination of All Forms
of Discrimination Against Women
CHR Commission on Human Rights
DFA Department of Foreign Affairs
DOH Department of Health
DOJ Department of Justice
DOLE Department of Labor and Employment
DSWD Department of Social Welfare and Development
FBO Faith-Based Organization
FSI Foreign Service Institute
GAATW Global Alliance Against Traffic in Women
GSIS Government Service Insurance System
IACAT Inter-Agency Council Against Trafficking
IBP Integrated Bar of the Philippines
IJM International Justice Mission
IOM International Organization for Migration
IRR Implementing Rules and Regulations
LCPC Local Council for the Protection of Children
LGA Local Government Academy
LSWDO Local Social Welfare and Development Office
NBI National Bureau of Investigation
NGO Non-Government Organization
NPA National Prosecutors Academy
NPS National Prosecution Service
OFW Overseas Filipino Workers
OWWA Overseas Workers Welfare Administration
PAGCOR Philippine Amusement and Gaming Corporation
PAO Public Attorneys Office
PCSO Philippine Charity Sweepstakes Office
PCW Philippine Commission on Women
Phil Health Philippine Health Insurance System
PHILJA Philippine Judicial Academy
PNP Philippine National Police
POEA Philippine Overseas Employment Administration
POLO Philippine Overseas Labor Office
PPSC Philippine Public Safety College

Philippine Guidelines on the Protection of the Rights of Trafficked Women x


RA Republic Act
SSS Social Security System
UDHR Universal Declaration of Human Rights
UNDP United Nations Development Program
UNHCHR United Nations High Commissioner for Human Rights
WCPC Women and Children Protection Center
WCPU Women and Children Protection Unit
WLB Womens Legal Bureau

Philippine Guidelines on the Protection of the Rights of Trafficked Women xi


Section A
1. Overview the trafficking incident and should be pro-
vided with necessary support services for their
In May 2003, the Philippine Government passed recovery and reintegration. The same protec-
Republic Act (RA) No. 9208 or Anti-Traffick- tion and sustainability programs should also be
ing in Persons Act, which specifically made accorded to the service providers whose lives
trafficking in persons a crime. The passage of remain at risks in the performance of their
the law led to the creation of the Inter-Agen- duties.
cy Council Against Trafficking (IACAT) to which
the Philippine Commission on Women (PCW) These guidelines and procedures that cover
became a member agency. both domestic and international trafficking of
Filipino women aim to serve as a guide for all
In February of 2013, Republic Act No. 10364 officials and service providers. These guide-
or the Expanded Anti-Trafficking in Persons Act lines and procedure explains the pre-rescue,
effectively amended RA 9208 in order to fully rescue and post-rescue operations including re-
strengthen and institutionalize the mechanisms covery, rehabilitation and reintegration of traf-
and principles behind the protection and the ficked women. These should amplify Rule VII on
rights of trafficked women. Among others, the Victim Protection and Assistance of the IRR of
expanded law is redefined to include sanctions RA 9208 as amended by RA 10364, taking into
for attempted trafficking, provisions for publica- consideration the following:
tion of names of suspects, accused in human
trafficking, raise sanctions; and liabilities of The guidelines and procedures should be
accomplices/accessories. gender-responsive and lay emphasis on
the human rights of the women. Referral
Trafficked women shall be recognized as victims to other service providers shall be based
and their consent to the intended exploitation on a thorough assessment of their needs
shall be irrelevant. As such, they should be ef- and a multidisciplinary approach in order
fectively protected from harm, threats or intimi- to prevent re-victimization.
dation by traffickers and others associated with

Philippine Guidelines on the Protection of the Rights of Trafficked Women 1


IACAT member agencies rec- However, women are often
ognized the necessity of en- denied these rights simply be- These guidelines and
hancing existing policies and cause they are women. In the
guidelines that are sensitive context of trafficking, many procedures that cover
and responsive to the needs basic rights of women are vio- both domestic and
of trafficked persons and those lated, e.g. right to be free from
directly involved in the pre- all forms of discrimination. international trafficking
vention, protection, rehabili- Due to the unequal nature of of Filipino women aim
tation and reintegration com- gender relations, women and
ponents of trafficking victims. girl-children form the majority to serve as a guide for
The Philippine Guidelines on of those who are trafficked.1 all officials and service
the Protection of the Rights
of Trafficked Women is PCWs The Protocol to Prevent, Sup- providers.
direct contribution to the ef- press and Punish Trafficking
forts of the Philippine govern- in Persons, Especially Women
ment in ensuring that those and Children,2 supplementing
directly involved in providing the United Nations Convention
anti-trafficking services have a against Transnational Organ-
clear guide in gender-sensitive ized Crime is the universal in-
handling of women victims- strument that addresses all as-
survivors of trafficking and pects of trafficking in persons.
ensuring the protection of their This enunciates Article 6 of the
rights. Convention on the Elimination
of All Forms of Discrimina-
2. Legal Framework tion Against Women (CEDAW)
which enjoins all State Parties
The principle of non-discrim- to take all appropriate meas-
ination is a cornerstone of ures, including legislation, to
human rights. This principle suppress all forms of traffick-
prohibits, among others, dis- ing in women and exploitation
crimination on the basis of in prostitution of women. In
gender. These guidelines were this regard, the UN High Com-
developed within the context missioner for Human Rights
of the Universal Declaration of (UNHCHR) adopted the Rec-
Human Rights (UDHR) which ommended Principles and
establishes that all persons, re- Guidelines on Human Rights
gardless of sex, are entitled to and Trafficking in 2002.
enjoy all basic human rights.

1
Human Rights and Trafficking in Persons (2000). Global Alliance Against Traffic in Women: A Handbook.
Bangkok, Thailand
2
Also known as the Palermo Protocol which was adopted by the UN together with the Convention and the
Protocol on Smuggling of Migrants in 2000 in Palermo, Italy and subsequently signed and ratified by the
Philippines

Philippine Guidelines on the Protection of the Rights of Trafficked Women 2


The ASEAN Declaration Against Trafficking in improvement and promotion of the welfare of
Persons Particularly Women and Children3 em- Filipino migrant workers and overseas Filipinos
phasizes the importance of continuing dialogue, in distress. The Anti-Mail Order Bride Act (RA
information exchange and establishment of a 6955) protects Filipino women from exploitation
regional network to prevent and combat traf- in the act of establishing or engaging in the
ficking in persons, particularly women and chil- business of matching them to foreign nationals
dren. It provides that victims should be treat- on a mail order basis or through personal intro-
ed humanely and provided with such essential duction. The Philippine Passport Act of 1996 (RA
medical and other forms of assistance deemed 8239) establishes the system for the issuance
appropriate by the receiving/recipient country, of travel documents and the regulation thereof.
including prompt repatriation to their respective The Organ Donation Act of 1991 (RA 7170) pro-
countries of origin. vides a system in organ donation and ensures
protection to persons in the act of legacy or do-
Republic Act 9208 also known as the Anti- nation of all or part of a human body.
Trafficking in Persons Act of 20034 articulates
the policies and procedures for a comprehen- 3. Definition of Terms
sive approach to combat trafficking in persons
and created the Inter-Agency Council Against The following terms have been modified and ex-
Trafficking (IACAT). Its amendatory law, the RA tracted from various sources and defined within
10364 or the Expanded Anti-Trafficking in Per- the context of the Philippine Guidelines.
sons Act5 provides additional protection not just
to victims of trafficking but also to service pro- Access to Justice refers to the ability of an
viders. individual to seek and obtain a remedy through
formal or informal institutions of justice, and in
The Magna Carta of Women or RA 9710 spells conformity with human rights standards. It is a
out the responsibility of the State to provide ser- fundamental right and a key means to defend
vices and interventions to Women in Especially other rights. Access to justice, therefore, is much
Difficult Circumstances (WEDC), which include more than improving on individuals access to
victims of trafficking. Moreover, RA 9262 or the courts, or guaranteeing legal representation. It
Anti-Violence Against Women and their Children must also be defined in terms of ensuring that
Act of 2004 promotes the protection and safety legal and judicial outcomes are just and equi-
of victims of all types of violence against women table.6 Appropriate legislative, judicial, admin-
and their children. istrative and other measures should be carried
out to ensure protection of the rights of traf-
There are other related laws that provide a legal ficked women in a gender-sensitive manner at
framework in various circumstances of traffick- all stages and levels of the justice system.
ing in women. The Migrant Workers and Over-
seas Filipinos Act of 1995 (RA 8042) as amend-
ed by RA 10022 intensifies mechanisms for the

3
Adopted by the ASEAN Leaders during the ASEAN Summit on November 29,2004 in Lao PDR
4
Signed into law on May 26, 2003 and its Implementing Rules and Regulations adopted on
September 17, 2003
5
Signed into law on February 6, 2013 and took effect on February 28, 2013
6
United Nations Development Programme (UNDP) Access to Justice Practice Notes, September 3, 2004

Philippine Guidelines on the Protection of the Rights of Trafficked Women 3


Country Team Approach is the operation- woman survivor and uses the multidisciplinary
al scheme under which Philippine embassies approach/collaboration.
abroad shall provide protection to trafficked
persons regardless of their immigration status. International Trafficking refers to a traffick-
Under this approach, all officers, representa- ing situation that occurs outside the country
tives and personnel of the Philippine govern- and may involve Filipino nationals residing or
ment posted abroad regardless of their mother working abroad or who at the time of rescue, is
agencies shall, on a per country basis, act as about to depart from the Philippines.
one-country team with mission under the lead-
ership of the Ambassador or the head of mis- Inter-Agency Council Against Traffick-
sion.7 ing (IACAT) is a council established under RA
9208 and expanded under RA 10364 which shall
Domestic Trafficking refers to a trafficking be primarily tasked to coordinate, monitor and
situation that occurs within the country and may oversee the implementation of the law.10 It is
involve Filipino nationals or nationals of a for- also mandated to ensure recovery, rehabilita-
eign country. tion and reintegration of trafficked persons into
the mainstream of society. The Department of
Gender Discrimination shall mean any gen- Justice Secretary serves as the Chairperson with
der-based distinction, exclusion, or restriction the Department of Social Welfare and Develop-
which has the effect or purpose of impairing ment Secretary as the Co-chairperson working
or nullifying the recognition, enjoyment, or with heads of various government agencies11
exercise by women, irrespective of their mari- and representatives from non-government or-
tal status, on a basis of equality of men and ganizations representing the sectors of women,
women, of human rights and fundamental free- Overseas Filipino Workers and children as mem-
doms in the political, economic, social, cultural, bers in order to sustain supervision and mecha-
civil, or any other field. It includes any act or nism under the law.
omission, including by law; policy, administra-
tive measure, or practice, that directly or indi- Multidisciplinary Team Approach is a
rectly excludes or restricts women in the rec- method wherein a group composed of members
ognition and promotion of their rights and their with varied but complimentary experiences,
access to and enjoyment of opportunities, ben- qualifications, and skills are working together to
efits, or privileges.8 contribute to the achievement of specific objec-
tives solve a problem, or handle a situation that
Gender-Responsive Case Management requires capabilities, knowledge and training
is the process of coordinating and providing not available from any one source.12
rights-based direct services to women taking
into context the socio-cultural biases existing Potential Trafficked Women refer to women
between women and men in the family and so- who have signs and indicators to be in a traf-
ciety, while working together towards empow- ficking situation and need intake interview, as-
erment.9 It includes the respect for the ethnic, sessment and other initial actions by the service
social, cultural and faith/religious identity of the provider to verify their status.
7
Art. VIII, Sec. 28 of RA 9208 IRR
8
Section 4 (b) of Republic Act 9710
9
Department of Social Welfare and Development (2006). A Manual on Gender Responsive Case Management, Quezon City.
10
Section 20 of RA 9208 as amended by RA 10364
11
Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas Employment Administration,
Bureau of Immigration, Philippine National Police, Philippine Commission on Women, Department of Interior and Local
Government, Commission on Filipino Overseas, Local Government Units, Philippine Center on Transnational Crimes
12
http://www.businessdictionary.com/definition/multidisciplinary-team.html, last accessed October 30, 2013

Philippine Guidelines on the Protection of the Rights of Trafficked Women 4


Service Providers refer to all those individu- of exploitation which includes at a minimum,
als, institutions/agencies, organizations deliver- the exploitation or the prostitution of others or
ing assistance to trafficked women, including other forms of sexual exploitation, forced labor
but not limited to social, psychological, medical, or services, slavery, servitude or the removal or
legal, protection and livelihood, whether from sale of organs.14
government or non-government organizations.
Women, as used in this document, refer to po-
Survivors refer to trafficked women in the pro- tential female victims, aged 18 years and above
cess of rehabilitation, especially if they are still during rescue and/or prior to any other initial
in the care or custody of service providers un- actions conducted to them by the service pro-
dergoing rehabilitation process and other psy- viders.
chosocial interventions.
4. General Principles
Trafficked Women refer to women who, after
intake interview and assessment of their status The following are the guiding principles to be
and other initial actions by the service provider, strictly observed and upheld by all stakeholders,
have been identified and verified to be in a traf- primarily the authorities and service providers
ficking situation. in the promotion and protection of the rights of
trafficked women.
Traffickers refer to recruiters, transporters,
those who exercise control over trafficked per- Confidentiality and Right to Privacy is the
sons, those who transfer and/or maintain traf- underlying implicit or explicit agreement be-
ficked persons in exploitative situations, those tween the members of the multidisciplinary
involved in related crimes, and those who profit team and the trafficked women that the team
either directly or indirectly from trafficking, its will maintain the private nature of information
component acts and related offenses.13 Those about the trafficked women. All information
who commit the acts enumerated in Sections 4, disclosed shall be accessible only to author-
4-A, 4-B, 4-C, 5 and 6 of RA 9208 as amended ized persons and the consent of the trafficked
by RA 10364 shall be included in this definition. women concerned shall be sought before dis-
closure of any information. The privacy of the
Trafficking In Persons (TIP) refers to the re- women-survivors shall be respected at all times
cruitment, obtaining, hiring, providing, offering, and no identifying information shall be revealed
transportation, transfer, maintaining, harboring, to the public or media.
or receipt of persons with or without the victims
consent or knowledge, within or across national Do No Harm principle focuses on the ethical
borders by means of threat or use of force, or responsibility of every organization providing
other forms of coercion, abduction, fraud, de- services to victims of trafficking to assess the
ception, abuse of power or of position, taking potential harm of any proposed action and post-
advantage of the vulnerability of the person, pone, discontinue or terminate such action, if
or, the giving or receiving of payments or ben- there is any reason to believe that it will worsen
efits to achieve the consent of a person having the individuals situation or condition.15
control over another person for the purpose
13
UN High Commissioner for Human Rights Principles and Guidelines on Human Rights and Trafficking, E/2002/68/Add.1
(2002)
14
Section 3 (a) of RA 9208 as amended by RA 10364
15
International Organization for Migration. (2007). Handbook on Direct Assistance for Victims of Trafficking Geneva,
Switzerland

Philippine Guidelines on the Protection of the Rights of Trafficked Women 5


Empowerment is the process of increasing informed approval. Before seeking written con-
personal, interpersonal or political power for sent to any action or proposal, it is incumbent
individuals, families and communities can take on the service provider to explain relevant ac-
action to improve their situation.16 The focus tions, policies and procedures from the initial
is to enhance the innate strengths and capaci- contact or admission to the agency until the ter-
ties of the trafficked women to make decisions mination of the assistance, making sure that the
for themselves, assist them to secure access to trafficked women fully understand these. If nec-
and control over needed resources and acquire essary, women interpreters should assist them.
knowledge and skills to function independently.
Principle of Participation and Self-Deter-
Gender-Sensitivity is the ability to recognize mination encourages trafficked womens active
that womens perceptions, experiences and in- participation in the helping relationship and up-
terests may be different from those of men, holds their right to make their own choices and
arising from an understanding of womens dif- decisions. This is in recognition of the right of
ferent social position and gender roles, includ- trafficked women to express their views/opin-
ing the deep trauma of gender-based violence. ions and their capacity to regain control over
The provision of gender-sensitive services to decisions affecting their lives and increase their
trafficked women necessarily includes a rights- confidence to determine the next courses of
based approach, i.e., according to women at all action. For meaningful participation, the traf-
times and in all stages of responding to their ficked women should have access to accurate
needs, with respect and dignity as their inher- and complete information about all matters
ent right. Gender-sensitivity is a pre-requisite affecting them in a language that they under-
for an intervention to be considered gender-re- stand.
sponsive.
Right to Information refers to the right of
Good Governance includes rights-based trafficked women to be informed about their
strategy that promotes transparency, account- legal and immigration options and services avail-
ability and efficient service delivery; increases able, their rights and every decision or process
access to justice by the poor so that they can that will affect them, or other information that
obtain efficient, speedy legal remedies; and en- they would consider relevant.18 Such informa-
sures broader citizens participation in political tion are tools for the trafficked women to make
affairs.17 It should also incorporate legislative, crucial decisions about their future and manifest
judicial, administrative and other measures to respect their inherent dignity as individuals to
prevent and combat trafficking in persons as have control over their lives. This right shall also
well as to provide protection and support ser- be extended to the parents and immediate rela-
vices to the women victims-survivors and their tives of the trafficked women provided the same
families. shall not compromise the safety of the trafficked
women and the case against the traffickers.
Informed Consent makes certain that all in-
terventions/assistance to the trafficked women Right to Non-Discrimination entitles every
should proceed on the basis of their full and individual/trafficked woman to equal protection
16
DuBois, B. & Miley. K.K. (1996) Social Work: An Empowering Profession. .Mass.: Allen and Bacon.
17
UNDP Country Programme for the Philippines 2005-2009
18
Access to Justice. Retrived February 15,2008 from www.gaatw.net/atj

Philippine Guidelines on the Protection of the Rights of Trafficked Women 6


and rights regardless of his/her age, sex, race, color, na-
tionality, language, status, religion/faith, political or other
The right to information
opinion, ethnic/cultural or social origin, disability, property, shall also be extended to
birth or other status. It respects the inherent worth and the parents and immediate
dignity of the woman and that her sex, including her status
as a victim of trafficking, should not be a deterrent in the relatives of the trafficked
provision of services and in all actions related to the traf- women provided the same
ficking situation.
shall not compromise the
Women Empowerment refers to the provision, availa- safety of the trafficked
bility, and accessibility of opportunities, services, and ob- women and the case against
servance of human rights which enable women to actively
participate and contribute to the political, economic, social, the traffickers.
and cultural development of the nation as well as those that
allow them to gain equal access to ownership, manage-
ment, and control of production, and of material and infor-
mational resources and benefits in the family, community,
and society.19

RA 9710 or the Magna Carta of Women


19

Philippine Guidelines on the Protection of the Rights of Trafficked Women 7


Section B
5. Specific Guidelines 5.1 Pre-Rescue Operation

This section covers the implementing guidelines Trafficked women, usually, come to the atten-
and procedures on domestic and international tion of law enforcement agencies, embassies/
trafficking of women for the specific guidance consular offices and other government author-
and key interventions of all officials, service pro- ities or non-governmental/faith-based organi-
viders and practitioners from pre-rescue opera- zations through hotlines, referrals, rescue op-
tion, rescue and recovery, and post-rescue and erations, community outreach and the personal
reintegration program. It will guide in determin- manifestation of trafficked women (self-refer-
ing minimum recommended response services ral). In some instances, cases of trafficking are
at the individual level that may be needed to re- detected during case build-up of similar cases,
duce the traumatic consequences of the victim- discussion during meetings or case conferenc-
survivor and prevent further re-victimization. es and other similar circumstances.

The guidelines and procedures adopted a The immediate and accurate identification of
gender-responsive approach integrating multi- trafficked women particularly in terms of age,
disciplinary, strategic, holistic, and right-based sex, nationality and status/situation/context
principles and standards into each level of inter- are imperative to ensure proper case manage-
vention. Convergence of key agencies and other ment and the protection of the rights of traf-
relevant stakeholders were also ensured in the ficked women.
process of monitoring and evaluation of recov-
ery and reintegration programs. Institutional 5.1.1 Detection and Identification of Potential
guidelines on trafficked womens entitlement to Trafficked Women
seek redress and legal protection during crimi-
nal proceedings against traffickers were also Trafficked Women Identified Through
provided at the end of the section. Hotlines, Referrals, Community Outreach,
Personal Manifestation, and Other Means

Philippine Guidelines on the Protection of the Rights of Trafficked Women 8


Potential trafficked women veracity of the report of in- The guidelines and
who are detected through cidence of trafficking and
hotlines, referrals, com- inquire about their condi- procedures adopted a
munity outreach, personal tions.20 gender-responsive
manifestation (self-refer-
ral) and proactive means 5.1.2 Rapid Identification approach integrating
(detected during case build- of Trafficked Women multidisciplinary,
up, case conferences, etc.)
should receive the same 5.1.2.1 To facilitate strategic, holistic, and
protection and support rapid, immediate and right-based principles
services provided to those accurate identification
who were rescued from traf- of trafficked women, and standards into each
ficking situations. Frontline the service provider/s of level of intervention.
agencies and service provid- the receiving agency/ies
ers should ensure that rapid must employ the three-
identification of women is pronged approach: (1)
conducted to confirm their initial interview and as-
being victims of trafficking. sessment of the potential
trafficked women, (2) use
In cases where the traf- of an indicators checklist
ficked women refuse to be and (3) review of addi-
investigated or interviewed, tional corroborative ma-
the receiving agency should terials.21 In the rapid
still report the incident to identification of trafficked
the nearest police station women, this approach
and the LSWDO and have should consider:
the case recorded in the
police blotter. If there is suf- a. The age, sex and
ficient evidence to warrant nationality/ethnicity of
the filing of the complaint, the trafficked persons,
the law enforcement officer through:
shall initiate the filing of the
complaint. o Birth documen-
tation (birth certifi-
When the trafficked women cate, baptismal cer-
at the time of rescue tificate, identification
are residing abroad, the cards/passport/travel
embassy or consulate which documents,biometric
has jurisdiction over the data, school records,
place where the women are medical and/or dental
residing, shall verify the examination,family

20
Sec. 37, Rule III IRR of RA 9208 as amended by RA 10364
21
Department of Justice (2007). Manual on Law Enforcement and Prosecution of Trafficking in Persons Cases, Manila

Philippine Guidelines on the Protection of the Rights of Trafficked Women 9


book/records); illegal recruitment, irregular/ Training should be
undocumented migrants, or
o Assessment of physical victims of abuse and exploita- conducted by IACAT
appearance and emotional tion. and responsible govern-
maturity including state-
ments made; and 5.1.2.2 Training should be con- ment agencies in the
ducted by IACAT and respon- correct application of
o Any piece of evidence sible government agencies in
based on cultural/reli- the correct application of ap- appropriate guidelines
gious/ethnic practices in- propriate guidelines and pro- and procedures on the
dicating age and national- cedures on the identification
ity of a person. of trafficked women.22 The fol- identification of traf-
lowing government offices and ficked women.
b. The status/situation/ their personnel are required
context or circumstances of to undergo training as they
the report through the: are the forefront for detection
and identification of trafficked
o Review of documentation women:
(passport and other travel
papers, contracts, letters, a. Government authorities
etc.); and personnel in authority at
various entry and exit points
o Last location before the of the country. These include
referral; airports, seaports and various
land terminals: the Philippine
o Signs of abuse (injury, National Police (PNP), National
trauma, etc.) and Bureau of Investigation (NBI),
Bureau of Immigration (BI),
o Assessment of the refer- Aviation Security Group,
ring/reporting party, if any. Philippine Ports Authority,
Maritime Police, Philippine
c. Initial assessment and Coast Guard (PCG), Philippine
results of the interview to Navy, and other border
gather preliminary informa- patrols; and
tion about the trafficking
incident using a standard b. National and local govern-
intake form or interview ment units particularly the
guide. prosecutors, public attorneys,
social workers, health, per-
The rapid, immediate and sonnel, police officers, local
accurate identification will es- government officials, and
tablish whether the women barangay officials.
are victims of trafficking,
22
Also included in the training program for Capability Building of Service Providers

Philippine Guidelines on the Protection of the Rights of Trafficked Women 10


5.1.2.3
The following non- and recovery and reintegration.
government stakeholders are c. Developing measures 5.2.2 Rescue operations
encouraged to have training to coordinate informa- should only take place in coor-
conducted among their ranks tion-sharing particularly dination with other law enforce-
who are responsible in detect- between and among DFA ment units and proper govern-
ing and identifying trafficked (including embassies and ment agencies. The DSWD/
women: consular offices), DOLE, LSWDO and DOH or govern-
POEA, law enforcement, ment hospitals, in collabo-
a. Relevant non-government and social welfare agencies ration with NGOs and other
and faith-based organiza- at the national and local agencies, must be on hand
tions; and levels as well as between to respond to the immediate
government and NGOs. needs of rescued women such
b. Private sector particular- as shelter, decent clothing,
ly the shipping, airline, bus Pending verification of iden- water, food, medical attention,
and other land transporta- tification within a reasona- and others, if necessary.
tion companies and travel ble time,23 trafficked women
agencies. should not be detained or 5.2.3 Rescue operations
held in immigration deten- should not further harm the
5.1.2.4 IACAT should ensure tion facility or other forms rights and dignity of the traf-
coordination and cooperation of custody depriving them ficked women. In conducting
between and among national, of their liberty. They should rescue operations:
local government units, NGOs have access to a proper re-
(local and international) and ceiving agency or service 5.2.3.1 The rescue team
private entities to facilitate provider through a referral for domestic trafficking is
identification and provision of system. composed of trained officers
assistance to trafficked women from the PNP/NBI, DSWD/
through: 5.2 Rescue and Recovery of LSWDO and other concerned
Trafficked Women agencies duly authorized in
a. The development of a conducting rescue operations.
standard intake form and 5.2.1 In the context of Whenever possible, victim-sur-
interview guide to gather rescue and recovery, trafficked vivors of trafficking may par-
basic information about the women shall be recognized ticipate in the rescue opera-
alleged trafficked women/ as victims and their consent tions.24
persons to be used by all to the intended exploitation
concerned government and shall be irrelevant. As such, 5.2.3.2 In international traf-
non-government agencies; they should be effectively pro- ficking, the DFA or the
tected from harm, threats Philippine Embassy/Consulate
b. Setting of protocol on re- or intimidation by traffickers must be notified by the
porting and referral system and others associated with Philippine government officials
to cover both domestic/ the trafficking incident and who will conduct or participate
local and international/ should be provided with neces- in the rescue operation and the
cross-border trafficking; sary support services for their ambassador or head of mission
23
Refers to time allotted for intake interview to the women by the service provider in determining their status (if they are
trafficked or not); usually conducted after rescue before they will be turned over to proper authorities
24
The women survivors suggested their participation in rescue operations, whenever possible

Philippine Guidelines on the Protection of the Rights of Trafficked Women 11


must assign a Foreign Service environment and conditions All efforts to ensure
Officer to be the missions focal to recover from the traumat-
person for trafficking.25 Rescue ic experience arising from the
confidentiality and
team should be composed of rescue operation. privacy of the trafficked
law enforcement officers, anti-
human trafficking committee 5.2.4 All efforts to ensure
women during and after
and the host countrys relevant confidentiality and privacy of the rescue operations
authorities. In cases where the trafficked women during
there is no Philippine Embassy/ and after the rescue opera-
should be paramount
Consulate, the DFA shall coor- tions should be paramount and carried out.
dinate with concerned authori- and carried out. Systems to
ties to undertake appropriate ensure that trafficked women
measures to guarantee the are turned over immediately to
protection and non-discrimina- the DSWD/LSWDO (domestic)
tion of the trafficked women. or to the Philippine Embassy/
Consulate (international) for
5.2.3.3 The rescue team protection after interview/in-
should ensure that trafficked vestigation by the law enforce-
women are not harassed or in- ment agency and/or other
timidated at pre-rescue, during authorities need to be institut-
and post-rescue operations and ed by the rescue team. They
they are treated with dignity at should not be held more than
all times. They should be given the time needed in giving their
time to get dressed or given statements.
decent clothing in cases where
they are in compromising situ- 5.3 Post-Rescue and
ations. No mug shots shall be Integration Program
taken on the rescued women.26
They should be assisted to At the initial contact, the safety
retrieve their personal belong- and security of trafficked
ings, travel documents, and women must be ensured by
other possessions. separating them from the traf-
fickers, regardless of being
5.2.3.4 To minimize fear and rescued at the local or interna-
trauma, rescued women should tional levels. Measures should
be informed of the circum- be undertaken by the law en-
stances occurring upon rescue forcers or any government au-
and what actions need to be thorities to immediately identify
undertaken. They should be and separate the alleged traf-
provided with the appropriate fickers, including those who
25
Sec. 38, Rule III IRR of RA 9208 as amended by RA 10364
26
Recommended by the women-survivors

Philippine Guidelines on the Protection of the Rights of Trafficked Women 12


are involved in controlling and Her decisions whether to A womans consent is
exploiting trafficked women. respond to a health concern,
The alleged traffickers should talk about her feelings, how
essential before any
not be in the same area/place to respond to the situation action is taken on her
of the trafficked women during at hand, or other personal
investigation nor should they matters must be respected,
behalf.
be in the same vehicle when regardless of how dangerous
transferring them to another or abusive the situation may
place. seem to the interviewer.27

A debriefing session with the b. Preferably a trained female


trafficked women by a trained police officer, investigator,
staff or social worker is neces- prosecutor, consular, health
sary to enable them to release or social welfare officer who
their fears, anxieties, frustra- was not a part of the rescue
tions and other feelings and operation should be assigned
to prepare them for the inter- to conduct the initial interview
view/investigation. in a gender-sensitive manner.

The law enforcement agencies This interview will serve as a


should take the necessary means to gather information
actions for effective investi- on the course of interaction
gation and apprehension of with the trafficked women.
alleged traffickers, as well as This process is consistent
assist the victims in prepara- with the Do no harm 28 prin-
tion for filing the appropriate ciple where potential victims
charges against traffickers in may associate the aggres-
the proper court. sive and stressful condition of
the rescue operation with the
5.3.1 Pre-Requisites on rescue team. In many cases,
Initial Contact with the rescue team was seen as ag-
Trafficked Women gressors thereby making
it difficult for the women to
5.3.1.1 Upon identification of establish trust, cooperation,
the trafficked women, the fol- acquire truthful responses
lowing initial actions should be and fully comprehend their
undertaken: decisions and actions.

a. A womans consent is es- c. Prior to the interview, an as-


sential before any action sessment should be made by
is taken on her behalf. the interviewer whether such
27
World Health Organization (WHO) Ethical and Safety Recommendations for Interviewing Trafficked Women (2003)
28
Ten Guiding Principles to the Ethical and Safe Conduct of Interviews with Women Who Have Been Trafficked, WHO Ethical
and Safety Recommendations for Interviewing Trafficked Women (2003)

Philippine Guidelines on the Protection of the Rights of Trafficked Women 13


interview will cause harm or
compromise the womens
f. The safety and physical
security of the trafficked
The trafficked women
safety or their mental health. women should be guar- must be treated as vic-
Victim/survivors, who are in a
state of uncontrolled emotion
anteed by the authorities.
Referral to a safe house,
tim/survivor and not as
or hysteria, should not be in- facility or a place where offenders.
terviewed immediately, but they can feel comfortable
rather be given the time and safe should be made to
to stabilize their emotions. enable them to recover from They should not
Debriefing sessions on traf-
ficked women should be un-
the trafficking experience. be blamed for the
dertaken by trained social g.Trafficked women should situation they are in.
workers or staff prior to the not be detained or deprived
interview. of their liberty at all times.

d. The actual interview 5.3.2 Gender-Sensitive


should be held in a private Interview
room with only author-
ized persons allowed inside 5.3.2.1 The interviews should
such as the social worker, be conducted in a gender-
female police officer, lawyer sensitive manner in a safe en-
(if available) and person/s vironment and in a language
requested by the trafficked known to the trafficked
women. women. The objective of this
interview is two-fold:
e.The trafficked women
should not be exposed to a. to gather information or
the public/media nor be pieces of evidence about
allowed to be interviewed the trafficking situation and
by the media except if the identify whether the victim/
trafficked women herself survivor is a trafficked
knowingly, voluntarily and woman; and
willingly waives said right
to privacy/confidentiality.29 b. to assess the problem and
No identifying information, take corresponding actions
personal circumstances or as necessary.
any information tending to
establish the whereabouts Results of prior interviews
of the trafficked women conducted by another
and their families should person or agency should be
be given to the media to taken into account by the in-
prevent reprisals from the terviewer to avoid repetitive
traffickers. interviews.

29
Sec. 7 of RA 9208 as amended by RA 10364 mandates that the waiver must be in a written statement duly notarized

Philippine Guidelines on the Protection of the Rights of Trafficked Women 14


Follow-up interviews may only be conducted be dependent to the womens cooperation to
when necessary to gather more information pursue charges against the alleged traffickers
for case build up or case management. and others involved in the trafficking situa-
tion. Referral to appropriate agencies may be
5.3.2.2 The conduct of a gender-sensitive inter- done to address other related needs.
view must be guided by the following principles:
d. Judgmental and interrogative style of in-
a. The trafficked women should be interviewed terviewing should be avoided. It will help
in a room where they can have privacy. No to provide a brief orientation on standard
media should be allowed to take photos or in- questions covering the areas of recruitment,
terview them. The media must be reminded on transportation and exploitation which may
the confidentiality and privacy provisions of RA bring back painful and difficult memories. In
9208 as amended by RA 10364. this regard, the interviewer must exercise ap-
propriate care and compassion in explaining
b. The trafficked women must be treated as the purposes of acquiring this relevant infor-
victim/survivor and not as offenders. They mation.
should not be blamed for the situation they
are in. They should be treated with respect f. The interview should be conducted in a
with no insensitive or humiliating remarks that language known to the trafficked women.
could embarrass or make them uncomfortable. If necessary, a female translator/interpreter
Concerned personnel should maintain a non- should be provided. The consent of the traf-
judgmental attitude. ficked women should be sought before using
recording equipment such as video camera
c. The trafficked women should be informed and tape recorder.
by the interviewer of the legal rights and
remedies available and relative to the prosecu- g. The interviewer should explain in clear,
tion of the traffickers. A lawyer should be on simple language, the content of any document
hand to assist the trafficked women. However, or statement made by the trafficked women
it must be emphasized that the provision of as well as the implications of such actions
such services does not depend on their co- and to ensure thorough understanding before
operation with the law enforcement in filing the trafficked women affix their signatures.
charges against the traffickers. They should
also be given the assurance by the interview- 5.3.3 Implementing Multidisciplinary Team
er of the confidentiality of information shared Approach
to ensure their privacy and protection from
the traffickers. It should be explained that the A multidisciplinary team, preferably composed of
purpose of such interviews is to gather all in- female personnel from relevant frontline service
formation as the basis for the provision of in- providers such as the PNP/NBI, BI, DOJ, DSWD/
terventions/services as well as for the filing of LSWDO, DOH and NGOs for domestic traffick-
charges against the traffickers, if indicated. ing and the DFA or the Philippine Embassy/
Consulate as the head of the mission together
e. Information on related services for the with other government officials for international
trafficked womens protection and support trafficking, should be created to facilitate imme-
by various government and non-govern- diate assessment and response to the needs of
ment agencies must also be provided to identified trafficked women and to prevent their
them. Provision of such services should not re-victimization due to multiple or repetitive

Philippine Guidelines on the Protection of the Rights of Trafficked Women 15


interviews. in order to facilitate coor- Special attention should be
dination and collaboration
among them. Information
made for trafficked women
5.3.3.1 As much as possible, should be shared as deemed needing special care such
the multidisciplinary team necessary to prevent re- as those who are sick or
should be present during in- petitive questions on the
terviews and investigations same subject matter of suffering from lingering
which shall be done in a pre- the interview. Information illness, mentally/emotion-
determined place to prevent gathered from previous in-
multiple or repetitive in- terviews should be taken
ally disturbed, with disabil-
terviews and avoid re-vic- into account. ity, pregnant women and
timization of the trafficked those with children.
women. 5.3.4 Physical Turn-Over of
Custody of Trafficked Women
5.3.3.2 A standard intake
form and interview guide 5.3.4.1 For domestic traf-
as well as a reporting and ficking, the trafficked
referral mechanism that women should immedi-
will ensure the gather- ately be turned over to
ing of information needed the Department of Social
by all agencies concerned Welfare and Development
and immediate response (DSWD) or the local social
to the trafficked womens welfare and development
needs should be developed office (LSWDO) or to any
by IACAT and used by gov- accredited NGO for case
ernment and NGO service management after the initial
providers. All concerned investigation by the law en-
agencies should be trained forcement agency (PNP/
in the use of these forms NBI/BI). In case of inter-
and guidelines. national trafficking, the
rescue team, in coordina-
5.3.3.3 The team should be tion with DFA, should turn
trained in gender-respon- over the Filipino women
sive case management in- victims abroad to the estab-
clu-ding gender-sensitive lished Migrant Workers and
interviewing or handling of Overseas Filipinos Resource
cases that will pave the way Center (MWOFRC) by the
for the prevention of gender DOLE. All records including
discrimination in the pro- the standard intake interview
vision of services, among form and initial investigation
others. report should be provided
to the DSWD/LSWDO/NGO
5.3.3.4 The roles and re- that will provide temporary
sponsibilities of the various shelter and other services to
members of the team should trafficked women.
be clarified and understood

Philippine Guidelines on the Protection of the Rights of Trafficked Women 16


5.3.4.2 Special attention such is in the childrens best Services should be
should be made for traf- interest. Appropriate inter-
ficked women needing special ventions should be provided
established to ensure
care such as those who are to them.30 that trafficked women
sick or suffering from linger- are protected from
ing illness,mentally/emotion- 5.3.4.3 Foreign women na-
ally disturbed, with disability, tionals trafficked to the exploitation and
pregnant women and those Philippines shall be entitled to harm beyond initial
with children. appropriate protection, assis-
tance and services available to
contact.
a.Women who are sick or suf- Filipino trafficked women upon
fering from lingering illness, confirmation of their status
mentally/emotionally dis- by the Bureau of Immigration
turbed should be given im- (BI). Their respective embas-
mediate attention/treatment sies/consulates shall be duly
and referred to appropriate notified by the BI of the status
medical facility, as needed; of the case. They shall likewise
be turned over to the DSWD
b.Women with physical dis- for provision of services and
ability should be treated with permitted continued presence
respect and be provided with in the Philippines for a length
necessary intervention; of time31 prescribed by IACAT
as necessary to effect the pros-
c.Pregnant women should ecution of traffickers.
be treated with sensitivity
and should be provided with 5.3.5 Continuing Protection
necessary medical care, ex- and Support of Trafficked
amination and appropriate Women
counseling. If their travel or
repatriation poses prenatal Services should be estab-
risks, particularly when birth lished to ensure that traf-
complications have been di- ficked women are protected
agnosed, proper arrange- from exploitation and harm
ments should be made with beyond initial contact. Access
the country of destination for to adequate physical and psy-
their residence permits by chological care should be
the consular offices; provided. Such protection, care
and support, shall be provided
d. The children of trafficked in all phases of trafficking
women should not be sep- from detection/identification
arated from them, unless

30
Refer to the IACAT (2008) Guidelines for the Protection of the Rights of Trafficked Children, Manila
31
Sec. 93, Article III, Rule VII of IRR of RA 9208 as amended by RA 10364 sets the period to 59 days

Philippine Guidelines on the Protection of the Rights of Trafficked Women 17


to recovery and reintegration of the survivors. a holistic, gender-sensitive health services and
However, it must be emphasized that these ensure that victims are treated with utmost
shall not be made conditional upon the womens care, concern and understanding.34 Special
capacity or willingness to cooperate in legal pro- medical care and counseling should be given
ceedings; neither are they required to accept to pregnant women. Further, trafficked women
such support and assistance. should not be subjected to mandatory testing
for HIV/AIDS and other infectious diseases.
5.3.5.1 Protection and Support Services for However, they may be encouraged to do so,
Filipino Trafficked Women in the Country after appropriate counseling and their consents
are secured.
5.3.5.1.1 The DSWD/LSWDO, should make
available, a safe and adequate shelter to meet 5.3.5.1.4 In cases where a medico-legal exam-
the needs of trafficked women for interim ination is required, the forensic interview and
care and protection. Trafficked women should medico-legal examination should be done by a
not be held in immigration/police deten- trained female physician in a government ac-
tion centers, military camps or in the private credited medical facility. The examiner should
custody of law enforcers/health/social welfare explain the importance and procedures of such
personnel before transfer to a DSWD regional an examination, make the woman comforta-
facility or a provincial/city/municipal women/ ble and at ease before making her sign the
VAW center. consent form for the medico-legal examina-
tion.35 If there is no female examiner avail-
5.3.5.1.2 Standard accreditation system for able, trafficked women should be accompanied
government and private residential facilities/ by a relative or a female nurse.
shelters/crisis centers should be reviewed and
enforced to ensure delivery of quality and gen- 5.3.5.1.5 Counseling and other psychosocial
der-sensitive support services for trafficked interventions should be provided to restore the
women and their families.32 Children of traf- womens physical and emotional stability and
ficked women who were with them during the well-being. Issues relative to their personal
rescue should not be separated from them, safety, where and with whom to live, financial
unless otherwise indicated for the best interest means of support and sustainability should be
of the children. They should not be mixed with discussed with them. They should be assisted
male clients, the emotionally disturbed, men- in making decisions based on the rehabilitation
dicants, and others.33 plan until their reintegration with their families
and communities.
5.3.5.1.3 Trafficked women should be referred
to appropriate medical institutions for neces- 5.3.5.1.6 Psychological and/or psychiatric
sary medical treatment of injury/illness/disa- services should be made available to trafficked
bility and given access to primary health care women showing signs of anxiety, trauma,
and counseling. DOH retained WCPU and other depression, post-traumatic stress disorder,
LGU maintained health facilities should provide withdrawal/isolation and suicidal tendencies,

32
DSWD AO No.04, Series 2006: Standards in the Implementation of Psycho-Social Services to Women Victims-Survivors of
Violence and their Children in Center and Residential Facilities, Quezon City.
33
As recommended by the women-survivors for the purpose of producing this specific guidelines
34
DOH (2006) Performance Standards and Assessment Tool for Women and Children Protection Units (WCPUs), Manila
35
PNP (2006) Performance Standards and Assessment Tool for Police Services Addressing Cases of Violence

Philippine Guidelines on the Protection of the Rights of Trafficked Women 18


among others. Appropriate referral for these 5.3.5.2 Protection and Support Services for
services should be made and ensure that care Filipino Trafficked Women Abroad
and follow-up services should be continued
until treatment is completed. 5.3.5.2.1 Filipino trafficked women, regard-
less of their immigration status,36 should be
5.3.5.1.7 Access to formal and non-formal informed of their right of access to diplomatic
education, vocational/skills training, employ- and consular services, in cases of international
ment, livelihood opportunities and micro-fi- trafficking. Diplomatic, consular officers, and
nancing should be made available for trafficked other concerned personnel, acting as a country
women to improve their economic situation. team, in the country of destination37 should:
The purpose thereof is to provide economic a. Ensure gender-sensitive rescue opera-
opportunities for self-sufficiency and inde- tions and provision of support services such
pendence. Other family members, including as temporary shelter, counseling, legal assis-
the children of the trafficked women, maybe tance, and other forms of assistance in col-
included in these livelihood and educational/ laboration with NGOs, faith-based organi-
training programs when necessary. zations, private entities/individuals and the
Filipino communities at the country of des-
5.3.5.1.8 Spiritual, socio-cultural, recreational tination;
and sports activities should be given, devel-
oped, and implemented to expand the social b. Make representation with the host govern-
and support network of trafficked women, fa- ment for the extension of appropriate resi-
cilitate their recovery and prepare them for dency permits and protection, as may be
their reintegration. legally permissible in the host country and
that they should not be treated as illegal
5.3.5.1.9 Legal information and assistance in migrants;
relation to any criminal, civil or other actions
against the traffickers and those involved in c. Work out the safe and voluntary return/re-
the trafficking situation should be provided in patriation of trafficked women or explore the
a simple and clear manner; and in a language option of temporary residency or resettle-
understood by the trafficked women. Such ment in the country of destination in specific
legal assistance and/or representation should circumstances to prevent reprisals from traf-
not be made conditional on the willingness of fickers or in cases where revictimization is
the victims to give evidence in criminal pro- considered likely to happen;
ceedings. The steps, processes and the time-
lines involved in court proceedings should be d. Prepare pre-departure plans with the traf-
presented to them as basis for an informed ficked women relative to arrival assistance
consent to cooperate with law enforcement and initial reintegration plans based on the
agencies. assessment conducted by DSWD/LSWDO/
NGO in coordination with the families of the
trafficked women; and
36
Enunciated in One Country-Team Approach under EO No. 74, Series of 1993
37
As provided in Section 19 of RA 8042, the government must provide a lawyer and a social worker, where there is large
concentration of OFWs; however, only Malaysia has one (1) Social Welfare Attache as part of the country team

Philippine Guidelines on the Protection of the Rights of Trafficked Women 19


e. Ensure that the trafficked women give goal of the healing partnership with a social
their informed consent on all matters affect- worker/social welfare service provider where
ing them. They should also be exempted the survivors become responsible and in control
from the payment of fees related to their re- of their own lives.38 Further, the women survi-
patriation and other services. vors should be able to recover from the traffick-
ing situation and seek justice.
5.3.5.2.2 In the repatriation of trafficked
women suffering from mental illness, or have 5.3.6.1 Individual Case Assessment
suffered physical or sexual abuse or have
received serious threats to their lives, the 5.3.6.1.1 Each trafficked woman should be
Joint Task Force against Trafficking in Persons considered as a distinct individual and there-
should coordinate with appropriate agencies fore entitled to individual case management.
like OWWA, DSWD and DOH to meet them at The initial assessment of the social worker/
the airport. Special care should be provided to social welfare officer is crucial in establishing
women with disability and pregnant women. a helping relationship and is the start of the
healing process to cope with the effects of the
5.3.5.2.3 Support and assistance for the final trafficking experience.
reintegration of trafficked women should be
provided to ensure their wellbeing, facilitate 5.3.6.1.2 The initial assessment should be the
their recovery and reintegration and prevent basis for the immediate response needed by
re-trafficking. Aside from the OWWA, DSWD the trafficked woman which may include tem-
and DOLE, the NGOs, faith-based organiza- porary shelter, counseling, medical and psy-
tions, and the private sector should be tapped chological services and other forms of assis-
as well to provide a comprehensive reintegra- tance. Since not one agency can provide all the
tion program for repatriated trafficked women. needed services to respond to the needs of the
trafficked women, referral to other agencies
5.3.5.2.4 The women survivors who want to is necessary. A referral system39 should be
return to work abroad must be given the in- utilized to facilitate the provision of services
formation on legal/safe migration and must be including feedback of such referrals from the
referred to the proper agencies like the POEA, agency and the trafficked women.
after counseling. For those returning to work in
other places within the country, they must also 5.3.6.1.3 All service providers should recognize
be referred to the DOLE and other appropriate and respect the individuality of the women
agencies to be informed of the proper proce- and provide personalized care and assistance.
dures and protection they are entitled to. Thus, throughout the assistance process, they
should strive to provide the most appropri-
5.3.6 Healing Partnership through Gender- ate protection, treatment and support suitable
Responsive Case Management to the needs and circumstances of the indi-
vidual woman victim. The LGUs shall ensure
A gender-responsive case management pursues that at least a trained social worker should
empowerment of the trafficked women as the be assigned to handle cases of trafficking in
38
Department of Social Welfare and Development (2006). A Manual on Gender-Responsive Case Management, Quezon City.
39
Referral System on the Protection, Recovery and Reintegration of Victims-survivors of Rape, Trafficking and VAWC created
under the Guidelines in the Establishment and Management of a Referral System on Violence Against Women and Children
at the Local Government Unit Level developed by the PCW and IAC-VAWC. This is also congruent with the Referral System for
the Recovery and Reintegration of Trafficked Persons at the city/municipal level developed by DSWD

Philippine Guidelines on the Protection of the Rights of Trafficked Women 20


Victims look at the each city and municipality. and options are presented to
They shall also endeavor to them.
possibility of becoming make basic services availa-
survivors themselves ble including residential facili- 5.3.6.2.3 In all aspects of the
ties for trafficked women and case management process,
and eventually move children. the ethnic, cultural, faith/reli-
towards full gious identity and practices of
5.3.6.2 Intervention Planning trafficked women should be
reintegration into the and Implementation considered and respected.
mainstream society.
5.3.6.2.1 A comprehen- 5.3.6.2.4 In cases of Filipino
sive assessment as basis for trafficked women abroad,
an intervention plan should the DFA/Philippine Embassy/
be done by a multidiscipli- Consulate should coordi-
nary team composed of the nate with DSWD/LSWDO/
DSWD/LSWDO, DOH, PNP/ NGO in relation to the plans/
NBI and NGO who are trained actions of the families of the
in gender-responsive case trafficked women in order
management. The team shall to arrive at an initial reinte-
also establish an intervention gration plan and get their
program with the active par- support for its implementa-
ticipation of the women sur- tion upon the return of the
vivors. The LSWDO, as the trafficked women.
coordinating agency, shall pe-
riodically call the team for a 5.3.6.2.5 A comprehensive in-
case conference to assess the tervention program for the
progress of the intervention recovery and reintegration
implementation and make of trafficked women should
adjustments as necessary. consider the mobilization of
Should the trafficked women their internal and external
want to resettle in another resources and that of their
community/ city/ municipal- families and communities.
ity, appropriate referral to
a receiving agency shall be Interventions should be geared
made to ensure that services towards the following:
based on the intervention
plan (which may be adjusted a. Improvement of their
later on) are provided. economic situation through
job placement; livelihood
5.3.6.2.2 All matters affect- or income-generating
ing the lives of trafficked projects; micro-financing;
women should be decided self-employment assis-
on with their active partici- tance; and other economic
pation. Their opinions and measures;
wishes should be given due
weight and their decisions/ b. Development of their
consents shall be sought capacities and poten-
after all relevant information tials through formal/
Philippine Guidelines on the Protection of the Rights of Trafficked Women 21
non-formal/ alternative learning education- that re-victimization does not occur. The Local
al opportunities40 ; vocational skills training, Council for the Protection of Children/Barangay
leadership, business management skills, and Council for the Protection of Children, the PNPs
other schemes; Women and Children Protection Center and
the local IACAT-VAWC as well as other com-
c. Social and interpersonal skills develop- munity structures/entities should be mobilized
ment such as in social relations, communica- to assist in the monitoring of the intervention
tion and life skills, group work and network- programs for trafficked women.
ing, and others; and
5.3.7.2 The DSWD/LSWDO and NGOs should
d. Building/restoring their competence, ensure that the women-survivors have contin-
coping mechanisms and decision-making uing access to legal, medical, educational, skills
skills; development of their own resources training/livelihood and counseling services in
to realize their personal development po- order to restore their self-confidence and self-
tentials; and be able to formulate practical esteem. A holistic and comprehensive contin-
solutions in accordance with their individual uum of services should be in accordance with
needs and circumstances. the physical, psychological and social state of
the women-survivors.
5.3.7 Monitoring and Evaluation of
Implementation of Intervention Programs on 5.3.7.3 The women survivors of trafficking
Recovery and Reintegration should be encouraged to take active roles in
raising awareness about the issues and effects
The recovery and reintegration programs are of trafficking among the women themselves,
aimed at helping the women victims survive their families and communities. Self-organized
the trauma and scars of trafficking, empower- groups among the women and survivors are
ing them and creating a mind-set of optimism. effective in monitoring intervention programs,
Victims look at the possibility of becoming sur- advocacy, and information and education
vivors themselves and eventually move towards campaigns. The LSWDO and the NGOs are to
full reintegration into the mainstream society.41 assist and support these self-organized groups.

5.3.7.1 Recovery and reintegration of traf- 5.3.7.4 The monitoring and evaluation tools
ficked women being a long-term process developed by IACAT should ensure regular
should be made to consider the specific short submission of feedback reports and status
and long-term needs of each individual woman of referred cases to monitor effectively the
survivor based on their age, education, skills, services provided.
family and support system, among others.
Monitoring of the implementation of these
short and long-term plans should be undertak-
en by the DSWD/LSWDO/NGO/FBOs to ensure

40
The women-survivors recommended that education and other services should also be extended to their children
41
IACAT Second National Strategic Action Plan Against Trafficking in Persons (2012-2016)
42
The women survivors recommended that the WCPC must always have a trained woman police officer at all times

Philippine Guidelines on the Protection of the Rights of Trafficked Women 22


5.3.8 Access to Justice (CHR), as well as legal associations/groups
such as the Integrated Bar of the Philippines
Trafficked women are entitled to legal protec- (IBP), International Justice Mission (IJM),
tion and information on all available remedies Women LEAD Foundation, Womens Legal
in a language they understand to enable them Bureau (WLB), and other Alternative Law
to arrive at a decision to seek justice. The issue Group (ALG), shall be provided to trafficked
of gender-based discrimination should be ad- women for the duration of any criminal, civil
dressed by the justice system in the issuance of or other actions against suspected traffickers.
policies, procedures, resolutions, decisions and
other measures and that such measures are not 5.3.8.1.4 All efforts should be exerted to
applied in a discriminatory manner. The admin- protect the trafficked woman during the inves-
istration of justice must be fair and equitable to tigation and trial process and any subsequent
all men and women. period when her safety so requires. To this
end, there should be no public disclosure of
5.3.8.1 Legal Protection and Assistance the identity and whereabouts of the trafficked
women and their privacy should be respected.
5.3.8.1.1 The PNP, NBI, Investigator, The presence of a social worker or any person
Prosecutor must gain the trust of the traf- requested by the woman during preliminary
ficked women and create conditions wherein investigation and court hearings to give her
they will feel free to cooperate with the support shall be considered by the Prosecutor
criminal justice system. As such, they should and the Court.44
bear in mind that the trafficked women should
be treated as victims and not as offenders. 5.3.8.2 Criminal Proceedings
The consent of the trafficked women for the
intended exploitation is irrelevant. 5.3.8.2.1 Upon institution of criminal action,
the Prosecutor/investigator shall duly inform
5.3.8.1.2 The trafficked women should the women survivors of the specific procedures
be informed of the processes, procedures, from preliminary investigation until the termi-
potential consequences and the risks of nation of the case and to regularly update the
cooperation with the prosecution of the case. survivors of the status of case and appropriate
The investigator has the duty to respect the actions to be undertaken.
decision of the victim as to whether or not,
she will cooperate and become a witness for
the prosecution.43 The provision of support
services does not depend on their willingness
to cooperate with the prosecution of their
cases.

5.3.8.1.3 Legal representation and other as-


sistance by the DOJ, Public Attorneys Office
(PAO) and Commission on Human Rights
43
Department of Justice (2007) Manual on Law Enforcement and Prosecution of Trafficking in Persons Cases, Manila
44
Recommended by the women survivors

Philippine Guidelines on the Protection of the Rights of Trafficked Women 23


5.3.8.2.2 The Prosecutor should inform the
trafficked women about the following pro-
grams benefits and the corresponding policies
and requirements:

a. Preferential entitlement under the Wit-


ness Protection Program (RA 6981) and
other support services;

b. Entitlement to avail of the benefits of the


Victim Compensation Program (RA 7309)
since they are also victims of violent crimes;
and

c. Other compensation as a result of the


criminal proceedings and under other laws,
if indicated.

5.3.8.3 Civil Proceedings

5.3.8.3.1 Trafficked women should be informed


by the Prosecutor that the civil action arising
from the offense is already incorporated in
the filing of the criminal action. However, the
women-survivors have options whether to pur-
sue the civil case simultaneously or separately
from the criminal case.

5.3.8.3.2 When the trafficked women decided


to institute separate civil actions for the recov-
ery of civil damages, they should be provided
with legal assistance in filing and should be ex-
empted from the payment of filing fees.

Philippine Guidelines on the Protection of the Rights of Trafficked Women 24


Section C
education campaigns towards reducing vulner-
6. Institutionalizing Multi- ability of women, and promoting male involve-
Sectoral Prevention and Response ment to combat trafficking in women.

Mainstreaming gender responsive trafficking 6.1 National, Regional, and International


interventions to establish effective preventive Collaboration
measures involve a range of coordinated strat-
egies among various stakeholders at the na- Trafficking is a national, regional, and interna-
tional, regional, and international levels. This tional phenomenon which can be effectively
section will guide in adopting comprehensive dealt with through national, international, mul-
multi-sectoral interventions in responding to tilateral, and bilateral cooperation among and
preventive and protection activities, technical between countries.
assistance, capability building, research and ad-
vocacy work. It will also focus on the program 6.1.1 National Mechanism
sustainability of service providers who needed
the same support and protection in the active The IACAT, being the national body responsi-
performance of their duties in protecting traf- ble for coordinating, monitoring and oversee-
ficked women. ing the implementation of the Anti-Trafficking
in Persons Act, has the following powers and
The section also provides emphasis on effective functions in coordination with concerned agen-
prevention strategies through addressing de- cies and other stakeholders:45
mand as a root cause of trafficking in women.
Some of the strategies include integrating gen- 6.1.1.1 Formulation of comprehensive and in-
der and rights perspectives in research and data tegrated program for the prevention and sup-
collection program, strategic information and pression of trafficking in persons;

45
As enunciated in Sec. 108 of the IRR of RA 9208, as amended by RA 10364 or the Anti-Trafficking in Persons Act

Philippine Guidelines on the Protection of the Rights of Trafficked Women 25


6.1.1.2 Promulgation of rules and regula- and scheme of trafficking in persons which
tions for the effective implementation of the shall form the basis for policy formulation and
anti-trafficking law; program direction;

6.1.1.3 Coordination of programs and projects 6.1.1.10 Development of mechanism for a


of various member agencies; timely coordinated and effective response to
cases of trafficking in persons;
6.1.1.4 Coordination in the conduct of massive
information dissemination and campaign on 6.1.1.11 Recommendation of measures to en-
the existence of the law and the various issues hance cooperative efforts and mutual assis-
and problems attendant to trafficking through tance among foreign countries through bilat-
the local government units (LGUs), concerned eral and/or multilateral arrangements for the
agencies, and NGOs; prevention and suppression of international
trafficking in persons;
6.1.1.5 Giving of directives to other agencies
for the immediate response to the problems 6.1.1.12 Coordination with DOTC, DTI, and
brought to their attention and reporting to the other NGOs in monitoring the promotion of
Council on action taken; advertisement of trafficking in the Internet;

6.1.1.6 Assistance in filing of cases against 6.1.1.13 Adoption of measures and policies for
individuals, agencies, institutions or establish- the protection of rights and needs of trafficked
ments that violate the provisions of the Act; persons who are foreign nationals in the Philip-
pines;
6.1.1.7 Formulation of program for the rein-
tegration of trafficked persons in cooperation 6.1.1.14 Initiation of training programs for
with DOLE, DSWD, TESDA, CHED, LGUs, and identification and provision of necessary inter-
NGOs; vention or assistance to trafficked persons.

6.1.1.8 Requesting of assistance from any 6.1.2 Regional and International Mechanism
department, bureau, office, agency, or instru-
mentality of the government or from NGOs and 6.1.2.1 The DFA should closely network with
other civic organizations as may be needed in government agencies overseas in the formula-
the effective implementation of the Act; tion of policies and implementation of relevant
programs that eliminate trafficking activities.46
6.1.1.9 Harmonization of the shared govern- It should also monitor the implementation of
ment information system for migration estab- the regional and international instruments re-
lished under RA 8042 or the Migrant Workers lated to trafficking of women, duly update the
and Overseas Filipinos Act of 1995 with data IACAT for information and direction, and take
on cases of trafficking in persons, and en- appropriate measures to strengthen coopera-
suring the proper agencies of the conduct of tion between and among countries.
continuing research and study on the patterns

46
As enunciated in Sec. 122 of the IRR of RA 9208, as amended by RA 10364 or the Anti-Trafficking in Persons Act

Philippine Guidelines on the Protection of the Rights of Trafficked Women 26


6.1.2.2 The DFA should participate in bilat- and rights-based approach in handling of
eral, regional and international initiatives and cases with a view of maximizing impact and
arrangements with other countries aimed at effectiveness;
suppressing trafficking in persons and protect-
ing and assisting victims of trafficking47 par- 6.1.2.3.5 Cooperation between NGOs, Fili-
ticularly women. pino communities and other civil society or-
ganizations in countries of origin, transit and
6.1.2.3 The IACAT through the DOJ, in close destination to ensure support and protection
coordination with DFA and concerned agen- to trafficked women; and
cies shall promote cooperation, technical as-
sistance and partnership among governments 6.1.2.3.6 Mechanisms to facilitate the ex-
and regional or international organizations on change of information concerning traffickers
the following:48 and their areas and methods of operation.

6.1.2.3.1 Rapid identification of Filipino wom- 6.2 Capability Building, Protection, and Support
en victims of international trafficking includ- of Service Providers for Trafficked Women
ing the sharing and exchange of information
in relation to their protection in the countries Service providers from law enforcement agen-
of origin, transit and destination; cies, prosecution, public attorneys office, con-
sular offices, health, social welfare and other
6.1.2.3.2 Judicial matters such as conduct- related agencies, both government and non-
ing joint investigations and judicial processes governmental/faith-based organizations, need
relating to trafficking and other offenses, to enhance their knowledge and skills in the
including identification and interview of wit- various phases of their work in order to pro-
nesses; identification, acquisition and preser- vide gender-responsive quality services for the
vation of evidence; producing and serving trafficked women. In some instances, they also
legal documents necessary to secure evi- need protection from harassment and reprisal
dence and witnesses; and in the enforcement of traffickers and others who are engaged in the
of judgments; exploitation of women.

6.1.2.3.3 Requests for extradition for offens- 6.2.1 Capability Building


es related to trafficking where these are dealt
with by authorities without undue delay; 6.2.1.1 A comprehensive training program
for service providers in the local government
6.1.2.3.4 Exchange of information, experi- units particularly the multidisciplinary team
ences and good practices and joint training should be developed, implemented, moni-
among law enforcement, prosecutors and im- tored and evaluated as to its relevance and
migration authorities, consular officers, social effectiveness by DILG in coordination with IA-
welfare attaches, service providers and other CAT. Basic training on RA 9208 as amended
concerned personnel in relation to the im- by RA 10364, gender and womens rights, the
plementation of assistance, repatriation and use of standard intake forms, reporting and
integration programs, and gender-responsive
47
Ibid
48
As enunciated in Rule V on Extra-Territoriality Principle and International Legal Cooperation of the IRR of RA 9208, as
amended by RA 10364 or the Anti-Trafficking in Persons Act

Philippine Guidelines on the Protection of the Rights of Trafficked Women 27


referral, gender-sensitive interviewing and 6.2.1.2 Funds should be allocated by IACAT
investigation, rights-based approach in inves- and member agencies in order to carry out
tigation and prosecution, gender-responsive this capability building program. Technical
case management and others should be assistance and support may be sought from
required to the following service providers, UN and other donor organizations.
among others:
6.2.1.3 The IACAT should coordinate its train-
a. Law enforcement PNP, WCPC, NBI, ing programs with training institutions such as
BI, Aviation Security Group, PPA, Maritime the Supreme Courts Philippine Judicial Acad-
Police, Philippine Coast Guard, Philippine emy (PhilJA), the DOJs National Prosecutors
Navy and other border patrol groups; Academy (NPA), DFAs Foreign Service Insti-
tute, PNPs Philippine Public Safety College
b. Legal Family Court Judges, Prosecu- (PPSC), DILGs Local Government Academy
tors, PAO, volunteer lawyers of legal as- (LGA) and other similar institutions to ensure
sociations such as the IBP, IJM, ALG, etc.; the integration of trafficking issues and the re-
spective competencies particularly on gender-
c. Health/medical physicians involved in sensitive handling of trafficked victims of con-
medico-legal examinations, WCPU doctors, cerned service providers in their curriculum or
social hygiene clinic doctors49 and other training programs.
medical staff involved in helping trafficked
women; 6.2.1.4 The IACAT and member agencies
should give access to service providers, op-
d. Social services DSWD/LSWDO, OWWA, portunities for education and training such
medical social workers , social workers50 of as attendance to national, regional, interna-
NGOs/FBOs, house parents and other staff tional conferences; study tours and short-term
of women residential facilities; courses and similar activities, to update their
knowledge, skills and current trends on anti-
e. Foreign service consular officers, trafficking measures and in gender-sensitive
OWWA, POLO; handling of trafficked women.

f. Local and barangay officials and mem- 6.2.2 Legal Protection


bers of LCPCs; and
6.2.2.1 Legal protection is given to service pro-
g. Media practitioners (billboard, internet viders who are being charged in court as a re-
ads, print, broadcast, TV and film) on gen- sult of their performance of their duties in pro-
der-sensitive reporting of trafficking cases tecting trafficked women. Law enforcement
and respect of privacy and confidentiality officers, social workers and any person acting
when conducting interviews with trafficked in compliance with a lawful order from any of
women. the two preceding service providers, shall be
immune from any action or suit, for lawful acts
done or statements made during an author-
ized rescue operation, recovery or rehabilita-

49
Women-survivors recommended that social hygiene clinics should not only focus on STI/STD but also provide general
medical check-up
50
Recommended by the women-survivors who seek assistance in hospitals for their medical needs

Philippine Guidelines on the Protection of the Rights of Trafficked Women 28


tion/intervention or during an count demand as a root cause
investigation or prosecution of trafficking in women.
Prevention is the first
of anti-trafficking case.51 line of defense
6.3.1 Information and against trafficking
6.2.3 Support System Educational Campaigns
in women.
6.2.3.1 The IACAT and mem- 6.3.1.1 The IACAT and
ber agencies shall endeavor other stakeholders should
to include in its package of develop, implement, moni-
protection and support to ser- tor, and evaluate informa-
vice providers, the creation tion and educational cam-
of avenues for the sharing paigns for the general public
of learning and experiences and specific target audienc-
such as attendance to confer- es to raise awareness on
ences, seminars, study tours trafficking of women, modus
and others, at the national, operandi of trafficking and
regional and international effects of trafficking on the
levels. women, families and com-
munities. Community edu-
6.2.3.2 Agencies/organiza- cation at the barangay level
tions should develop meas- through existing structures
ures to support their staff in including the women them-
ways that aim to prevent or selves is imperative to have
reduce job-related stress, an effective awareness-rais-
secondary trauma or burnout. ing program. Information
Membership in professional and educational campaign
organizations and womens materials should be trans-
advocacy/support groups lated in the major dialects of
may become part of their the country.
support networks/system.
6.3.1.2 The IACAT, member
6.3 Prevention of Trafficking in agencies particularly DOLE,
Women POEA, labor and migrant
workers groups and other
Prevention is the first line of stakeholders should conduct
defense against trafficking in an information campaign
women. Effective prevention for potential migrant work-
strategies should include fac- ers, especially women. This
tors that increase vulnerabil- should tackle the avenues,
ity to trafficking, including in- policies and procedures on
equality, poverty and all forms legal, safe and non-exploit-
of discrimination against wom- ative migration as well as
en. It should also take into ac- the risks involved such as
51
Sec. 17-C of RA 9208 as amended by RA 10364

Philippine Guidelines on the Protection of the Rights of Trafficked Women 29


exploitation, debt bondage, to develop their social, inter- Women survivor shall be
and health and security is- personal skills and capability; encouraged to act as
sues. Mechanisms to protect enhance their creativity and
the rights of migrant work- communication, problem- advocates against
ers, here and abroad must solving and decision-making trafficking and the
be developed and imple- skills, among others.
mented.
improvement of policies
6.3.2.3 Women survivors and programs for victim-
6.3.1.3 Consistent with their shall be encouraged to act survivors; share their
mandates, other relevant as advocates against traf-
national government agen- ficking and the improvement personal experiences to
cies, LGUs and NGOs, shall of policies and programs for potential women migrants/
integrate human traffick- victim-survivors; share their
ing issues in their strategy personal experiences to po- womens groups and
and program formulation tential women migrants/ actively participate in
and implementation for the womens groups and actively women support groups.
prevention of trafficking and participate in women support
protection of victims of traf- groups. Para-legal and com-
ficking.52 munication skills trainings
must be provided to them
6.3.2 Programs Reducing to enhance their advocacy
Vulnerability of Women skills.53

6.3.2.1 The government must 6.3.3 Programs Reducing


vigorously implement a com- Demand
prehensive and integrated
anti-poverty program includ- 6.3.3.1 The IACAT and mem-
ing, but not limited to, em- ber agencies, including NGO/
ployment, livelihood, micro- FBOs should develop and im-
finance schemes; small and plement programs to reduce
medium enterprise develop- demand among men such
ment; formal and non-formal as promoting womens rights
education, vocational and and challenging the concepts
skills training; health, medi- of machismo, patriarchy and
cal care; and other socio- other socio-cultural beliefs
economic opportunities at with the aim of changing at-
the local and national levels. titudes and behavior towards
International organizations, women and girls.
NGO/FBOs and the private
sector should be mobilized in 6.3.3.2 A comprehensive in-
this endeavor. formation, educational and
advocacy campaign directed
6.3.2.2 An aggressive human towards men and male ado-
development program for lescents should be carried out
women should be instituted by all concerned agencies.
52
Art. 5, Sect. 18, 19 & 20, Implementing Rules and Regulations of RA 9208
53
The women-survivors requested this training for their women advocates

Philippine Guidelines on the Protection of the Rights of Trafficked Women 30


Young and adult men should be encouraged 6.4.1.3 Research findings should be dissemi-
to become partners in the drive against traf- nated and utilized for policy and program de-
ficking of women and girls and in the elimi- velopment to improve strategies to prevent
nation of all forms of violence against women and combat trafficking in women.
and girls by organizing mens group such as
the Men Opposed to Violence Against Women 6.4.2 Data Management
Everywhere (MOVE).
6.4.2.1 The IACAT should develop a central
6.3.3.3 Passage of city/municipal ordinances/ database by standardizing the collection of
policies to regulate the issuance of license/per- statistical information on trafficking and re-
mits for the operation of bars, internet caf, lated movements such as illegal recruitment
motels and similar business establishments and smuggling that may include a trafficking
involved in trafficking and other exploitative element. This database should be the sole
activities on women. source of data on trafficking-related cases
and as such, should be kept updated.
6.4 Research, Data Management, and Docu-
mentation 6.4.2.2 Data on victims should be disaggre-
gated on the basis of age, sex, ethnicity, and
Trafficking of women is a complex phenomenon, other relevant characteristics. Information on
thus the need for research, data collection and the incidents and patterns of the trafficking
management, and documentation of experi- situations should take into account the need
ences including good practices, in all phases of to preserve confidentiality and the privacy of
work in the protection of trafficked women. This the trafficked women.
is for the purpose of improving policies, proce-
dures and programs for a more effective imple- 6.4.2.3 Data on the traffickers and others
mentation of the anti-trafficking law. alle-gedly involved in exploitation of women
should include their modes of trafficking,
6.4.1 Research areas of operation, past and previous cases
filed against them, status of cases and con-
6.4.1.1 The IACAT should build a research victions, if any.
agenda with academic and research institu-
tions, in collaboration with concerned agen- 6.4.3 Documentation
cies to have a better understanding of the
trafficking issues and concerns particularly 6.4.3.1 The IACAT should encourage mem-
on the demand side of trafficking and its link ber agencies to document good practices
to prostitution. Effective and anti-trafficking and strategies that work well and have im-
strategies must be based on accurate and pact on the lives of trafficked women and
current information, experience and analysis. their families.

6.4.1.2 Ethical principles should be consid- 6.4.3.2 Researches, studies, statistics,


ered in the involvement of women-survivors case studies, and similar articles/docu-
in research activities to preserve their privacy ments should be published and dissemi-
and anonymity and prevent their re-trau- nated for advocacy, teaching, supervision,
matization at the same time. This is also to replication, and other purposes.
recognize their contribution in evaluating the
impact of policies and interventions.

Philippine Guidelines on the Protection of the Rights of Trafficked Women 31


Philippine Guidelines on the Protection of the Rights of Trafficked Women 34

You might also like