VZCZCXRO1330
OO RUEHCHI RUEHDT RUEHHM
DE RUEHML #1054 0920745
ZNR UUUUU ZZH
O 020745Z APR 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5929
INFO RUEHZS/ASEAN COLLECTIVE IMMEDIATE
RHHMUNA/CDR USPACOM HONOLULU HI

UNCLAS MANILA 001054 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR G/TIP AND EAP/MTS 
 
E.O. 12958:  N:A 
TAGS: PHUM PREL RP
SUBJECT:  PROSECUTING TIP OFFENDERS 
 
REF:  A.  MANILA 1043 
-         B.  MANILA 688 
 
¶1.  Summary.  Philippine authorities are increasingly focused on 
labor trafficking as well as trafficking for purposes as for 
prostitution and are relying on a variety of legislation to bring 
the culprits to justice.  The cumbersome nature of the overburdened 
Philippine legal system, notably the slowness of trials and the 
paucity of judges and prosecutors, remains the biggest brake on the 
number of successful convictions in TIP cases.  USAID's Rule of Law 
Effectiveness Program is working on systemic improvements in this 
domain, but clear results will take time to appear. End Summary. 
 
¶2.  Philippine authorities, with the help of some NGOs including the 
U.S.-based International Justice Mission (IJM) with assistance from 
the U.S. Government, are actively pursuing numerous prosecutions 
related to trafficking, using a variety of legal tools.  Key items 
of legislation include: 
--  Republic Act 9231:   "Elimination of Worst Forms of Child Labor 
Act" 
--  Republic Act 9208:   "The Anti-Trafficking in Persons Act" 
--  Republic Act 8239:   "Philippine Passport Act of 1996" 
--  Republic Act 8042:   "Migrant Workers and Overseas Filipinos 
Act" aka the "Anti-Illegal Recruitment Law" 
--  Republic Act 7610:   "Anti-Child Labor Act" 
 
¶3.   Based on admittedly incomplete statistics collected by the 
Philippine Department of Justice from its local and field offices, 
there have been at least 269 trafficking cases since 2003, resulting 
in a total of nine convictions (actually ten, counting the March 29 
conviction - ref a - not yet included in the latest DOJ update). 
Four out of these nine convictions resulted in life sentences. At 
present, at least 117 trials are underway using any or several of 
the above-mentioned pieces of legislation.  At least another 122 
cases are in the preliminary investigation phase, while 73 other 
cases have been dismissed or dropped, usually due to the lack of 
cooperation from victims and/or witnesses.  Notably, there has only 
been one acquittal since DOJ starting keeping statistics in 2003, 
the year the landmark RA 9208 went into effect. 
 
¶4.  Of these cases, trials are underway in at least five cases 
specifically involving RA 8042 for labor trafficking, with an 
additional 22 cases now under preliminary investigation.  There was 
one conviction in a 2005 case filed under RA 8042.  Legal action in 
at least ten of these cases began in 2006, slightly down from the 
sixteen cases in 2005.  At least four more cases involving illegal 
recruitment, but under RA 9208, are in the works already in 2007 but 
have not yet led to the filing of charges. 
 
¶5.  Officials at the Visayan Forum Foundation, an NGO that with USG 
assistance runs prevention programs and operates half-way houses for 
victims, have commented to poloffs recently that Philippine 
authorities appear increasingly to recognize that an initial focus 
since the 2003 TIP law on prostitution cases was overly narrow, and 
have begun to apply much more official energy on labor-related cases 
as well.  VFF-assisted victims are engaged in at least two legal 
cases of trafficking for forced labor -- at a sugar cane plantation 
in Batangas province and at a poultry farm in Isabela province. 
Currently, the cases in which IJM prosecutors are involved in 
Philippine courts include one under RA 8042 and five under RA 7610. 
In the latter cases of child labor, IJM has already helped to win 
four convictions in one case, and two in yet another.  IJM is also 
currently helping to prosecute 23 cases under RA 9208. 
 
¶6.  Comment:    The cumbersome nature of the overburdened Philippine 
legal system -- notably the slowness of trials largely due to 
delaying tactics by defendants and the paucity of judges and 
prosecutors -- remains the biggest brake on the number of successful 
convictions in TIP cases.   USAID's Rule of Law Effectiveness 
Program is working on systemic improvements in this domain, but more 
dramatic results will take time.  Well-intentioned Philippine law 
enforcement and judicial officials remain clearly committed to 
bringing any and all culprits of trafficking in persons for any 
purpose to justice, and to cooperating even more effectively with 
the U.S. and other donors, as well as with local and international 
NGOs, to make this happen. 
 
KENNEY