International Campaign Against Child Trafficking

Child trafficking in Southeast Asia

Matilac and Florendo February 2002

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Child trafficking in Southeast Asia

Contents

Introduction____________________________3 Executive Summary______________________5 Philippines ____________________________9 Indonesia _____________________________31 Mekong Sub-Region: General Patterns and Trends ______________50 Burma _____________________________62 Cambodia ___________________________78 Lao PDR ___________________________ 92 Thailand ___________________________106 Vietnam ____________________________121 Summary of Findings___________________ 136 Selected Bibliography __________________ 142 Appendices ___________________________157 Acknowledgment

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INTRODUCTION Human civilisation can be told as a history of conquest and slavery. This is why trading in humans is perhaps as old as human civilisation. Modern-day trafficking in humans is usually equated with women and girls sold into prostitution or the “White Slave Trade.” The involuntary prostitution of women and girls was brought to fore by feminist activists in the late 19th century. The term “white slave trade” actually comes from the French term “Traite des Blanches” which is a derivative of “Traite de Noirs” that refers to the African trade slave. The campaign against international trafficking in humans that grew from the movement against white slave trade eventually contributed to the development of several international initiatives to counter trafficking. In 1904, 13 countries met in Paris that resulted in an international agreement against white slavery. The forms and strategies of trafficking have been affected by factors like improved means of transportation, improved communication technology, and changing demand for human labour that affected human migration. In 1949, the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of Prostitution of Others laid out the formulation for nations to define the crime of trafficking in their own context as well as how to fight the problem. However, the 1949 UN Convention did not generate much attention regarding the issue of trafficking in women and children. In the 1980s, countries revived interest in the issue because of growing incidence in trafficking of women and children due to migration flows, the spread of AIDS, child prostitution and sex tourism. Although this attention for trafficking remained initially related to prostitution and women, it has shifted focus from European and American women to girls from Asia, Africa, Latin America, and Eastern Europe victimised by internal trafficking and inter-country trafficking. The growing interest in the issue of human trafficking eventually brought attention to child trafficking for various purposes. The special attention given to children as individuals with specific needs and inherent rights comes with the 1989 UN Convention on the Rights of the Child. Children are very vulnerable to trafficking and the purpose of this research is to describe the situation of child trafficking in Southeast Asia. This study will help situate the Terre des Hommes 3-year campaign to fight child trafficking in Southeast Asia. Child Trafficking in Southeast Asia is a descriptive study largely based on a review of literature and studies made by international agencies, NGOs, media reports, national statistics, official reports, policy papers of government organizations, academic papers and interviews with key informants. However, there are certain limitations: Most of the statistics merge children and women trafficking data. Time and budget constraints limit our accessibility to data and our capability to conduct in-depth interviews with key informants all over Southeast Asia.

4 Language is also a barrier and, admittedly, many of these data are written in native language and script other than English. Dire political situations, such as in Burma, also limit our access to first-hand research material. Despite all these limitations, we have come up with a comprehensive picture of 7 countries in Southeast Asia where child trafficking is rife. We tried to present child trafficking in the context of each country’s historical and socio-cultural development because we believe that solving such a complex problem requires deep-seated understanding as well.

Rosalie Matilac and Regina Florendo

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EXECUTIVE SUMMARY Child trafficking is a modern-day abomination that traces its roots to the past, or to some deep cultural value within any given society. In Burma, traditionally, poor families delivered their children to richer families to become domestic servants. In colonial Philippines, children of peasants were given to landlords as household servants to service debt payments. In Thailand, prostitution was profitable, acceptable and legal as early as 1350 although there was no mention about the age when women enter prostitution. Then centuries later in contemporary times, Thailand has been a source and stopover of trafficked children prior to final destination. Culturally, children of Southeast Asia were raised to accept their roles as incomegenerating members of the family. Parents also teach children to augment family income even if children have to work in exploitative or hazardous conditions. Filial piety is a value that is widespread in the region. Elder girl children pay gratitude to parents by supporting their families—a reason why many girls in Thailand, for example, have been reported to have entered the sex industry to earn money for their families. Recent economic, political, social and military factors also favoured the development of child trafficking: In the 1980s, the shift from centrally planned economies to market-oriented economies plunged Cambodia, Lao PDR and Vietnam into upheavals that brought forth iniquity and unemployment. Women and children were greatly affected such that many were lured into prostitution by traffickers. The shift to market economy in these countries also saw the burgeoning sex tourism. Meanwhile, the policies of Burma’s military junta were not favourable to women, children and other vulnerable sectors of society. Examples of these oppressive, repressive, and exploitative conditions are forced labour and forced relocation that gravely affect children. The military dictatorship has imposed forced labour and denied freedom of association of the people for the past 40 years. The military considers children as a vast source of labour to support military and as a pool to draw soldiers from. Thus, minors leave Burma because of oppression by state authorities. Forced recruitment of children for armed conflict is still happening in Burma. The same phenomenon was reported in Indonesia and the Philippines. Indeed, war and military policies gave rise to child trafficking in Southeast Asia: One of the most brutal and protracted among wars in the 20th century, the Vietnam War, increased military presence in the region. Prostitution is a social ill that almost always comes in tandem with military presence. During and after the Vietnam War, sex trafficking flourished in the Philippines in areas around military bases. Prostitution in Phnom Penh and major provincial towns grew dramatically when the United Nations Transitional Authority on Cambodia (UNTAC) arrived comprising 22,000 soldiers, police and administrators in 1991. They were to keep the peace and repatriate 400,000

6 refugees who had fled the Pol Pot’s reign of terror. Many of UNTAC personnel visited the brothel and the number of prostitutes rose from 6,000 to 20,000 in Phnom Penh. Almost half of them were abducted by traffickers and sold to the booming sex business. Many were re-sold later to brothels in Thailand and Vietnam. The trafficked child is a chattel to be used, exploited or sold. Even infants are in demand by illegal adoption rings like those operating in Vietnam and the Philippines. Girls are trafficked for marriage, and later forced into prostitution, like those girls from Indonesia, Cambodia and Vietnam. There are two types of trafficking: internal trafficking and cross-border trafficking. In internal trafficking, rural children are trafficked to the cities to become factory workers, construction workers, domestics servants, prostitutes—most likely into some worst form of child labour. They are also brought into the cities to work illegally as beggars, as drug couriers or as drug sellers. Cross-border trafficking happens when children either leave their respective countries willingly or unwillingly. Virtually all countries are affected by this problem, either as sending country (e.g. Indonesia), or as receiving country (e.g. Japan), or as transit or passage before final destination (e.g. Thailand). Country of origin to destination: Cambodia - majority into Thailand, Malaysia, Taiwan, Europe, Singapore, HK, Japan, Vietnam, South Africa Laos-- Malaysia, Thailand, China Burma - Thailand, China, Pakistan, Bangladesh Indonesia-Malaysia, Singapore, Brunei, Australia, Taiwan, Korea, Japan, Saudi Arabia, United Arab Emirate, Qatar, Bahrain, Oman, Kuwait, Tokyo, Singapore, Johor, Germany, Netherlands, Austria Vietnam-China, Taiwan, Cambodia, Thailand, Europe, Hong Kong, Macau Thailand-Malaysia, Singapore, Taiwan, Japan, Germany, Netherlands, Switzerland, Australia, US, South Africa, New Zealand Philippines-Northern Marianas, Saipan, Middle East, Japan, Costa Rica, US, Malaysia, Australia, New Zealand, Taiwan, Europe Labour demand and migration is a factor in the increased incidence of child trafficking. Urban centers like Manila, Jakarta and Phnom Penh attract minors seeking more lucrative employment. In the context of a bigger area like the Mekong, the main destination is Thailand—an advanced country surrounded by poorer neighbours. Child traffickers may be operating on a small-scale basis or they may also be highly organized and sophisticated. They present themselves in a community as benevolent individuals. They may even be relatives or friends known to the child.

7 Fifty-four percent of trafficked children in the Philippines are 15-17 years old and in 1999 there were 85 child trafficking victims documented by the Department of Social Welfare and Development In Indonesia, 29% of prostituted children were coerced into the job and 310,378 trafficked domestic helpers in 1999 within Indonesia were between 10-18 years old. Meanwhile, from 1992-1997 in the Mekong sub-region, there were 80,000 women and children from Burma, Vietnam, Lao PDR and Cambodia drawn into sex industry in Thailand. To solve the problem of child trafficking, it is important to start with the definition: Note that in the seven Southeast Asian countries examined by this study, the definition of the offence of human trafficking varies from country to country. In fact, in Lao PDR, human trafficking is not expressly described as a criminal offence, and the government of Indonesia does not formally recognise the existence of child-trafficking in the country. In order to facilitate a common understanding of child trafficking and to prosecute the offenders and perpetrators of such grievous crime against humanity, all Southeast Asian countries should adopt a common definition of the crime. A proper definition should at least incorporate the definition provided in the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Crime, which provides as follows: "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; The definition stipulates that the consent of a person under 18 does not de-criminalise the crime of trafficking. Ultimately, the ratification of this protocol in Southeast Asia could harmonise laws within the region and foster co-operation in the fight against trafficking. In terms of international instruments, each country have ratified enough instruments to act as framework to fight trafficking. Bilateral agreements between and among countries in the region, like the one inked between China and Vietnam in 1993, can be used to strengthen prevention of child trafficking and to combat it where it exists.

8 The Philippines and Laos have no laws specifically addressing trafficking in human beings. It also follows that there are insufficient laws to penalise traffickers of human beings. For example, in the Philippines drug trafficking is punishable by death but there is no stipulated penalty for those found guilty of child trafficking. Legal provisions are important but there are important changes in attitude as well as improvement in the delivery of services, especially protection of children. There is a need for law enforcement agencies in the region to be more child-sensitive and child-focused. Cambodia is currently leading in the training and education of its police forces. The main problem in all Southeast Asian countries lies in poor implementation of all international standards. The systematic monitoring of ratified international instruments should be developed. Improve cooperation between countries and sectors within countries. In the Mekong subregion, the United Nation’s Inter-agency Project on trafficking in women and children includes several government and non-government organisations that coordinate in the local national and sub-regional level. Aside from legislation of laws that address the offence of child trafficking, there is also the need to train state infrastructures to be able to enforce existing laws. There is also a great need to support community-based initiatives. There are international agencies operating in the region that have projects and programs to fight child trafficking: (1) United Nations Office for Drug Control and Crime Prevention, (2) ILO-IPEC, (3) UNDP, (4) International Organization of Migration (IOM), (5) Economic and Social Commission for Asia and the Pacific (ESCAP), (6) PLAN International. (6) UNICEF.

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Philippines 1. Introduction A. Country profile

The Philippines is located at Southeast Asia. It is an archipelago between the Philippine Sea and the South China Sea, east of Vietnam. It stretches from the south of China to the northern tip of Borneo. Its nearest neighbors are Taiwan (north), eastern Malaysia and Brunei (south-west) and Indonesia (south). The country is divided into three geographical areas: Luzon, Visayas and Mindanao. It has 14 regions, 73 provinces and 60 cities. The capital is Manila. The Philippines is composed of 7,107 islands, with a land area of 299,764 sq.kilometers and a population of 78.4 million. The people are predominantly Roman Catholic. Other faiths practiced in the country are Islam, Protestanism and Buddhism. Most Filipinos speak Filipino, the national language, while English is usually used for commercial and legal transactions. The Philippines is the third largest English-speaking country in the world after the United States and the United Kingdom. The country has over a hundred ethnic groups and a mixture of foreign influences that have molded a unique Filipino culture. It has developed a mixed culture from the blending of foreign influences with native elements. There are some 60 ethnological groups, ranging from the Badjao of the Sulu archipelago to the Kalingas in Bontoc.

10 B. Child Trafficking Phenomenon

1. Historical Roots of Trafficking in the Philippines

The imposition of taxes and forced labor during the Spanish regime resulted in widespread poverty and sufferings among the Filipinos (Dery in CSEC in the Philippines, p. 14). Urban migration also started during the 19th century. Due to poverty and lack of employment opportunities, people from rural areas came to Manila to look for jobs. In the process, girls as young as 13 years old were recruited as domestic helpers, salesgirls, beauticians or laundry girls. Children were forced to work and severely exploited by colonial authorities and landed elite. As repayments for their families’ debts, some children were given to landlords to serve their households without any pay. Since the Spanish government waged wars, many adult workers were recruited into the armed forces and many children were made to replace them in their work. While the Moro sultanates recruit more adults to reinforce the sultanates troops and continuously wage the series of wars, children took their places in the fields, plantations, handicraft shops and others (Apit in A Beginning in Child Labor). Youth aged 16 to 17 were among those uprooted from their families and communities and assigned to perform hard and dangerous labor in the construction of ships, churches, government buildings, and others usually in places away from their hometowns. Those who are 15 and below, were made to fill up the labor gap left by older siblings and adults(Apit, 1996). By virtue of the law passed in 1913 by the Philippine Assembly, the Hawaii Sugar Planter Association recruited 18,400 men, women and children. The recruits were predominantly young, single males from the Visayas and Ilocos region. Labor migration is said to be directly proportional to sex trafficking. The 1932 report of the Philippines by the Commission of Enquiry into the Traffic of Women and Children in the East by the League of Nations disclosed that internal traffic in young natives girls are being carried out mainly by so – called employment agencies which bring poor and ignorant girls from the country districts to the large cities, particularly Manila, apparently as servants. Here they are lured into dance halls and houses of prostitution. These girls are turned over to pimps (Fernandez in CSEC in the Philippines, p. 15). One dire effect of prostitution was the breakdown of human values (Dery, 1998). There were also reported cases of fathers peddling their own daughters to support their vices, especially gambling. Poverty remained a problem during the American colonialism. The demand for hospitality girls increased due to the presence of American servicemen. In the early

11 1940s, at least 60,000 American soldiers came to the Philippines (Talikala in CSEC in the Philippines). With the increasing demand for women who could provide entertainment to the American servicemen, even young girls become victims of commercial sex. Also during the American occupation, there were children that served as mortgages, and worst, children mostly Ifugaos and Negritos, who were sold to people, who can afford to buy them. Philippines was granted independence in 1946, and it allowed the passage of Bell Trade Act, the Military Bases Agreement and the Military Assistance Pact. During the presence of US bases, several cases were uncovered wherein American servicemen helped to move children through Hong Kong to the US using false passports (O’ Grady, 1994). Aside from employers, pimps and parents, there are other people who are involved in child trafficking. According to a study, a network of policemen, and syndicates bailed arrested children vagrants aged 14 to 15, who could not pay for the fines. Once in the hands of the syndicates, these children were brought to a nightspot in Manila or to nearby provinces where they were forced into commercial sex. Trafficking, specifically sex trafficking is said to flourish in the Philippines after the Vietnam War-first catering to soldiers and then to Japanese, American, Canadian and European men frequenting brothels in Southeast Asia (Edwards and Harder, 2000). In response to the demand, brothels, bars and massage parlors, were established in ports (Roffman, 1997). In the post war era, the Philippine government used the sex tourism infrastructure as a means to promote tourism. It did not outlaw prostitution but instead used it to advance the sex tourism industry in the country by promoting sex tours. It was during the reign of Marcos when the tourism industry was aggressively promoted. It became the second biggest source of foreign exchange. The number of prostituted individuals increased and in 1974 to 1975 more male and female children became victims of trafficking (De Dios in CSEC in the Philippines, p. 18). It was also noted that prior to the 1990s many of those who were trafficked in the US came from Asia. Often times, these are young people in search of opportunity, livelihood and sometimes, a means to survive (De Stoop as cited in CSEC in the Philippines, p. 20). Rural-urban migration and out migration continued to increase under the Aquino administration, particularly among young women who flocked to the cities in search of jobs. There is also an increase in mail-order brides wherein there are girls below 18 years old are involved and who ended up as sex slaves in the brothels of northern Europe and in the outback of Australia. The exit of the US military bases from Clark and Subic during this period forced sex trade to transfer to key cities. With the stiff competition of customers more often than not, the demand was higher for young prostituted individuals. Children victimized by recruiters and dumped into detention and slavery in factories, livestock farms and other enterprises in cities and adjacent provinces also increased. Due to the crisis, several laborers departed the countryside to seek overseas employment. This created some labor

12 gap in the rural farms, plantations and industries. And such gap has been filled up by way of child labor. The Philippines is categorized as a receiving country of trafficked victims (Roffman, 1997). In an article, it was identified as a destination of Russian and Chinese girls smuggled by traffickers. The girls however can be easily tracked down because they do not have appropriate travel documents and they could not communicate in English. This trend heightened in the early to mid-90s. There has also been an increasing trend of young Chinese women smuggled into the country who work as sidewalk vendors at daytime and are available for sex at night (Fernandez, Child Sex Trafficking on the Rise). However, there are information that says that the Philippines is increasingly providing victims (NEWW/WEW, 2000). In response to the need for child labor, recruitment agencies increased and intensified recruitment in rural areas. Because of determined efforts of concerned organizations to respond to the issue of trafficking of children, operations were conducted to rescue detained and enslaved children. Such moves have exposed the existence of bonded child labor. Thus, many recruitment agencies strengthen the clandestine character of their child recruitment operations. The problem of trafficking is also a concern to the Philippines, though the processes and patterns of trafficking found in the country differ from those found in the Mekong sub region. The Philippines is the largest exporter of labor in Asia, and after Mexico the second largest in the world. Within the context of large-scale labor migration, distinctively different processes of trafficking have developed in the Philippines, mediated through specialized agencies or informal networks. Yet, child trafficking in the Philippines does not only take place within the context of labor migration, but also for the purpose of sexual exploitation, exploitation through work, illicit activities and marriage, among others. II.

Characteristics and description of child trafficking

Children in the Philippines are trafficked primarily for the purpose of exploitation through work and for sexual exploitation. Documented cases and statistics on child trafficking for the purpose of exploitation through illegal activities including begging and drug trade and adoption trade. Except for a story of a child who was transported from Pangasinan and who found himself in a clinic in Manila and adults selling their kidneys (PREDA News), no data was gathered relating trafficking of children for organ trading and marital purposes are extremely lacking. Data of child trafficking are usually imbedded to that of trafficking of women. Statistics from DSWD however does not particularize for what purpose the children were trafficked but lesser incidents of child trafficking are documented each year. Children from poor farming communities in Visayas and Mindanao are trafficked to the cities to become factory workers, domestic helpers or prostitutes. Foreign trafficking rings brought these children to other countries like Japan, Europe, US, East Malaysia,

13 Australia, New Zealand, Taiwan and China. The lack of birth certification makes it very difficult to collect data on missing/trafficked children (Summary of THD Workshop, 2001). The following patterns and trends were noted on the trafficking of children in the Philippines: • Increase in the number of girl children from poor, rural and rural families • Children from third world countries like the Philippines experience racial discrimination • Increase in trafficking of girls from ethnic and minority groups • Increase in the control of trafficking routes and destinations by syndicates: triads, yakuza, mafia and local criminal groups. Parents, driven by economic imperatives are also involved in small time operations. • Increase in the use of technology to market children from prostitution, bride trade, pornography and other slave-like practices via the Internet Apparently, little is known about the involvement of transnational organized crime in trafficking here in the Philippines or in countries of destination (Australian Institute of criminology, Rapid Assessment). There is an urgent need to fill this gap. Documented cases of child trafficking in the Philippines are more on the purpose of sexual exploitation particularly child prostitution. However, due to the initiative of NGOs like Visayan Forum, cases of child domestic workers are increasingly being documented. Child trafficking in the Philippines is brought about by different factors: a. Push factors • social -social obligation to help and support the family financially -desire for financial independence -gender socialization -pressure from peers -lack of education opportunity -parents’ attitude towards their children • cultural -consumerism/materialism -desire to be urbanized -work within the city will make skin fairer -discrimination against ethnic minorities • personal -wanting to leave family because of disintegration and/or experienced of abuse, neglect and abandonment

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• economic -1997 crises seems to have led to an increase in migration from home to urban areas -Areas where there is poverty, unemployment, underemployment, landlessness and armed conflict are natural targets for unscrupulous recruitment agencies -when a family can no longer cope with responsibilities due to financial problems they resort to other means in order to meet their basic needs and other requirements in life Due to lack of assets that may be posted as collaterals, poor families may resort to sending their younger members to work. Especially during economic downturns, child labor provides a way for augmenting family incomes. -poverty For many families, reliance on daughters leaving for the cities to work in the entertainment industry has been seen as another way out of poverty (Blazing Trails, Confronting Challenges). -natural disaster and child trafficking: When Mt. Pinatubo in the Philippines erupted in 1991 and covered the central plains with lahar or mudflows, agents approached girls from bars and karaoke clubs or by recruiters proposing entertainment work locally or abroad. There were also information on sex being exchanged for meals, a supply of water or other basic necessities (CATW-Phil., 1996). b. Pull factors • economic -opportunity of financial upliftment /rewards -demand in the urbanized cities for domestic workers and for children in prostitution -demand for children in prostitution created by tourists/pedophiles -demand created by information technology/internet for bride sale/prostitution -demand for child laborers because they are cheaper and non-problematic in terms of asserting rights as workers - greed and lack of respect of the traffickers for basic human rights • social/cultural -demand for sexual services created by presence of military servicemen and fulfilled by women (including girl children) as providers of this service -demand for virgins as “safe” sexual providers -existence of informal network (relatives in the cities acting as referrals of “jobs) -desire to keep up with successful neighbors and peers

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political -policies such as labor export policy, tourism program and the Visiting Forces Agreement

The trafficked Filipino child • • • • • • • • •

332,000 child workers (1995) aware of child recruitment in their place; 72% are aware of the kind of work (ILO-IPEC: SIMPOC) trafficked children are 11 to 17 yrs old (1996) 492 of 3,776 reported cases of child abuse involved pornography, prostitution, pedophilia and trafficking 50,000 Filipino Amerasians targets of flesh trade because of their looks (1997) more than 100,000 prostituted children, 5,000 in Manila; 3,000 between 7 and 15 years old 60,000 child prostitutes (1993) (AFP, 2001) children as young as 6 years old sold to foreign pedophiles 16% of women working in bars were under 18 years old; some appeared younger than 15 (Javate De Dios) According to DSWD, there were 85 child trafficking victims in 1999; 42 victims in 2000 and in January to April, 2001, 12 children became victims of trafficking (NSCB Factsheet)

Purposes of child trafficking 1. Trafficking for the purpose of sexual exploitation (including prostitution and pornography) Twenty five percent of the sex trade victims are said to be Filipino children that are transported abroad. Underage girls 7 to 16 years old are the usual victims of trafficking for the purpose of sexual exploitation. They are from poor families with little or no education and with limited skills and knowledge. Girls from ethnic and minor groups who are very often also experiencing abuse in their communities and/or caught in armed conflict forced them to leave their communities. Filipino Amerasians also become targets for flesh trade. There are reported cases however of children as young as 6 years old being sold to foreign pedophiles for sex or as pornographic models. In some reported cases, children are prostituted because of trickery. There are also cases wherein children are pushed into the business by their parents, or else follow their footsteps into prostitution. Their parents “sell” them to recruiters supposedly to be employed as domestic helpers in the cities. Instead they find themselves working as sex slaves (NUWHRAIN, 2000). Minors are trafficked to the US and to Malaysia for prostitution. Girls who have entered the trade cannot easily go out. There are information that many of the prostituted girls were previously domestic workers.

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Table 1. Places of origin and destination of trafficked children for the purpose of sexual exploitation ORIGIN Luzon: Angeles City, Pinatubo area, Bicol, Manila, coastal area in Region 1 primarily Laoag Visayas: Samar Mindanao: Zamboanga

General

DESTINATION Local: Laoag, General Santos City, Negros, Southern Tagalog Provinces, Pinatubo area, Pagadian City, Manila, Cavite, Baguio City, Pampanga, Cebu City

Abroad: Costa Rica, United States, Malaysia, Japan, Santos, Taiwan

Table 1 indicates insufficient information on the places of origin of these children. There are reports mentioning that rural and urban areas as places of origin of these children not mentioning however or pinpointing the exact name of the place. Data on prostituted girls show that many of them were previously domestic workers (Issues about the girl child). With the crisis, there are indications of an increase in girl children in child trafficking. These children employed in brothels and bars are usually forced to work 24 hours a day and expected to service up to 100 customers a week. The girls are locked up and watched by armed security guards. Traffickers who recruit girls for the purpose of sexual exploitation were identified as white slavery syndicates, foreign gangs composed of Australians, Americans and British who allegedly earn USD100 million a month. There are relatives and friends of the children who act as traffickers or recruiters. Then again there are recruitment agencies that arrange fake passports. There are children however who by word of mouth were incidentally recruited in the flesh trade. In many cases, young women going to Japan with fake passports arranged by unscrupulous recruitment agents, knew they would be going to the sex trade (Lim, Lin Lean, 1998). According to a study conducted in 1989, Japanese, German and Australian criminal groups control most of the sex industry in Manila. While the Americans controlled Subic and Olongapo, the Japanese are dominating the tourist areas of Cebu and Marinduque. There is also a growing Korean market frequenting Cagayan de Oro and Boracay. A connection allegedly exists between these groups and local criminal organizations. A Chinese pimp operates through agents in the Philippines and he has triad connections in Hong Kong (O’Grady, 1994).

17 Poverty was the perennial excuse why children are lured into prostitution but according to Vitit Muntarbhorn, “It is not poverty alone which pushes children to become victims of prostitution (Muntarbhorn, 1996). Unfortunately, in many societies the poverty argument is used as a justification for child prostitution.” He further added that “poverty may explain certain conduct but it does not justify or lead necessarily to exploitative, criminal conduct. We need to look more from the angle of criminality”.

Girls from Ethnic Minorities of Mindanao also called Lumads aged 10 to 15 landed in beer houses as sex slaves. An 11-year-old Mandaya househelp confided that seven of her sisters and a number of others from their village came to Davao City to seek employment. She said they were willing to do anything, even to become “commercial sex workers” just to earn money. “Life is so hard in our communities. We only eat twice a day because the price of copra, our main source of living, is so low. It’s so hopeless but life can be better here in Mati because we can get employed. We need money to send our parents in the mountains.” But they have learned earning money in the urban areas is not as easy as they thought it was. Commercial sex workers earn 50 pesos a day while those working as house helps earn 300 pesos a month. (Lumad girls become sex slaves, PDI, Sept. 18, 2001)

2. Trafficking for the purpose of exploitation through work (including slave labor and bonded labor) The phenomenon of trafficking for forced or compulsory labor is growing so fast that most countries in the world fall into one of these categories – sending countries, transit and receiving countries (ILO_Geneva, 2001). There are studies on child labor in the Philippines that showed that 30% to more than 50% of the child workers’ families were migrants (Del Rosario and Bonga, 2000). There are also boys and girls aged 14 to 17 generally from economically depressed communities or areas where there is unemployment or lack employment opportunities, areas hit by calamities and those from largely agricultural areas that become victims of trafficking. These children were brought to places that offer more economic opportunities or in cities or urban areas that are more economically progressive. So far, the places enumerated in Table 1 were identified as sending and receiving areas of children victimized by trafficking. The table shows that there are places that are both sending and receiving areas for victims specifically cities like Manila, Cebu and General Santos. There are indications however that children are now being

18 transported to more dangerous, unprotected, isolated and less remunerated parts of the country. Table 2. Places of origin and destination of trafficked children for the purpose of exploitation through work ORIGIN Luzon: Manila, Laguna, Pampanga, Baguio, Sorsogon, Benguet, Bicol, Laoag, Ilocos Visayas: Cebu, Samar, Bohol, Leyte, Negros, Bacolod

DESTINATION Local: Metro Manila, Cebu, General Santos, Marbel, Compostela, Legaspi, Angeles Abroad: Northern Mariana Islands, Japan, Middle East

Mindanao: Davao del Sur, Davao del Norte, Agusan del Norte, Pagadian City, General Santos, Zamboanga, Dumaguete, Sultan Kudarat

These children are employed in factories, fishing operations, households and others workplaces doing hazardous work under sub-human conditions. A research conducted by Visayan Forum last year indicates that while working these children usually become ill and become victims of violence. Despite the long working hours and having made to work that are not within the scope of employment and their being forced to work when sick, just like the situation of children employed as domestic helpers, these children receive below the legislated minimum wage and do not receive medical care or other work benefits. They were also prohibited to communicate with their families. Their parents and guardians that are directly and indirectly involve themselves in trafficking their children mainly for economic reasons. However, there are other persons involved in their recruitment, like friends, relatives, town mates, recruitment agencies and their agents and other people unknown to the child. Method of recruitment used by the traffickers is primarily the promise of a lucrative or high paying, decent work or jobs with good benefits like free board and lodging, cash advances and material things. The absence of any payment or expense on the part of the child being recruited even more makes the offer attractive. This illegal act makes use of fake travel documents and falsified permits from the Department of Social Work and Development. The recruiters bribe their way out from one place to another. There are also traffickers who make use of traditional form of exchanges such as student exchange programs. Traffickers involved in this trade are well organized. Gathered information said that they have a network of contacts and receive assistance in moving human cargo. It is also possible that they have good connections with government authorities making it easier for them to fabricate contracts. These traffickers are connected to big time

19 syndicates controlling prostitution dens, gun running operations, drugs and other criminal activities. The inhumane conditions of children that were exploited through work is exemplified by the case of children recruited to work in sardine factory in Navotas, whose parents were given 500 pesos as cash advance by the recruiter (Apit, 1996). These children were not allowed to go out of the factory, were not given due compensations and privileges, not allowed to communicate with their families and working under hazardous condition. Who would care for a can of sardine upon knowing that these children despite their aching slashed and wounded fingers and hands whose blood dripped inside the can, were ordered to continuously work! Even indigenous children were not spared from the issue. The Special Committee for the Protection of Children against Sexual Abuse and Exploitation received information that the Philippines was among the countries in which the indigenous population are citing slavery-like practices. 3.

Trafficking for other purposes Illicit activities Countless young boys and girls are being trafficked to Metro Manila to beg. Infants and children between 5 and 12 years old are smuggled and sold to Europe and other countries. Marriage There are girls 18 years old and below who are looking for husbands and advertise this in a website which also includes their photo, age, height, her likes and dislikes and what kind of man she prefers to be with. Men who are interested to have their mailing addresses should pay 20 USD. The website also includes tips on how to write a love letter to a Filipina, some estimates on how the girl would spent to write him back, some advise in sending money, information about the city and a web-page where one could order flowers for a Filipina, details on immigration issue and a photo gallery of about 500 prospective wives (Asia for Visitors, http://goseasia.about.com). Case documentation of mail-order bride phenomenon is far from being extensive due to the private nature of the transactions and the exploitation (Blazing Trails, Confronting Challenges, www. uri.edu).

20 Armed conflict The forced recruitment of children for armed conflict, deemed one of the worst forms of child labour is also on the rise(ILO-Geneva, 2001). Domestic help A study conducted by the Department of Labor and Employment on child labor in Bicol noted that most of the teenage girls aged even those as young as 12, were mostly out of town working as domestics (Nasol, 2001). III.

Responses to the issue A. The national government The law against child trafficking is 10 years old and was written in the context of false adoption (Summary of TDH Workshop, 2001). The change of law is needed. Today, there are enacted laws in the Philippines inadequately addressing the issue of child trafficking directly and indirectly. It has also adopted national policies and programme of actions to protect the children. Within the Philippine Plan for Gender Responsive Development, the issue of trafficking in women and children has received special attention. Furthermore, the Presidential Anti-Organized Crime Commission and Task Force, and the Task Force on Illegal Recruitment are indirectly dealing with trafficking. In March 2000, the government co-hosted, with the support of the US government, the Asian Regional Initiative Against Trafficking (ARIAT), wherein potential national and regional approaches towards the prevention of trafficking, the protection of victims of trafficking and the prosecution of traffickers were discussed. There is not yet a law specifically addressing trafficking in human beings, though the enactment of such a law has now become a priority issue for the government. Article 139 of the Labor Code prohibits the employment of persons below 18 years in hazardous undertakings and a skills or academic test for artists and entertainers have been issued to prevent trafficking. The Revised Penal Code and the Dangerous Drug Laws contains child workers in the informal sector such as those engaged in street trade or in the flesh may invoke these laws. Being the 31st party to the UN Convention on the Rights of a Child, a Philippine Plan of Action was adopted in 1991 and is updated by a 25 year long term National Development Plan for Children, known as Child 21. The most significant of the Philippine legislations that uphold child’s rights to survival, protection, development and participation is the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act where there are specific provisions against child trafficking. Procedures in Philippine law for dealing with victimized children include protective custody,

21 restrictions on media and intervention of welfare authorities (ILO-Geneva, 1996). Priority areas for action in national plans of the country include victims of trafficking. The Inter-Country Adoption Law of 1995 or Republic Act 8043 stipulates certain eligibility requirements for adoptive applicants intending to adopt a Filipino child who may either be relative or non-relative making it difficult for a Philippine child to leave the country without permission of the parents and considerable checking by the relevant authorities. In 1995, the government appointed a special prosecutor for cases of sexual exploitation of children and in 1997; it signed anti-pedophilia cooperation agreements with Great Britain and Australia. The agreement provided for cooperation between police forces. British police have provided training for Filipino officers in Manila in identifying and countering child prostitution and pornography. With regards to child labor, in order to conform with the ILO Convention 138, the Philippines’ legislation require employers to keep records of young people who work for them in the form of a registry or list and also requires the employer to notify the inspector about any young employee in the establishment. The law explicitly provides that persons other than competent labor inspector or authority may submit complaints. In the Philippines, the offended party, parents or guardians, ascendants or collateral relatives, officers, social workers or representatives of licensed child care institution, officers or social workers of the Department of Social Welfare and Development or at least three concerned, responsible citizens where the violation occurred. The child labour provisions are being included in the new labour code or in special statutes and regulations. Initiatives are also being undertaken in response to the issue of child trafficking, like awareness raising. Since 1993 according to an ILO document, there were successful monitoring operations conducted and that some offenders are prosecuted. The government is making efforts to increase the number of inspectors and has held special training courses. The Department of Labor and Employment also issued then an Administrative Order 1993 that directed the inspectorate to give special priority to the inspection of establishments employing child workers. There were also national seminars and conferences held that led to the adoption of the national program of action that go beyond the statement of intent and set out strategies to combat child labour. The Philippines also ratified ILO Convention 59 on minimum age in industrial workers and ILO Convention 105 on the abolition of forced labour. The table that follows enumerates other relevant laws and the responding critique. However, according to International Justice Mission Investigator Bob

22 Mosier, most of the in-country laws still do not treat human traffickers as harshly as drug smuggling. Table 2.National policies pertinent to anti-child trafficking, Philippines

Law Art. XV, Philippine Constitution

Provision • The State shall defend the right of children to assistance including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development

Republic Act 7610

• Section 7 of RA7610 defines child trafficking as an act of trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter. The penalty shall be imposed in its maximum period when the victim is under 12 years of age.

Republic Act

Prohibits the employment of

Critique

• Its definition of child trafficking is very limited. It specifies attempt to commit child trafficking and provides stiff penalties for violators (Ortega, 2001) • Lack of comprehensive law on trafficking in children is a major gap in policy implementation. RA 7610 does not cover other forms of trafficking like labor or • Section 5 of RA 7610 is exploitative employment. There an “Act for Stronger Deterrents is a need to expand the legal and Special Protection Against definition of trafficking in children that lead to abusive Child Abuse, Exploitation and work other than prostitution and Discrimination, Providing other abusive and exploitative Penalties for its violation and situations. for Other Purposes” • Prostitution is illegal but RA 7610 specifically classifies • Art. IV Section 8-A mandates the DSWD to issue a prostitutes below 18 years old as travel clearance or certificate of victims of exploitation rather travel to unaccompanied minors than as criminals. traveling abroad as a measure to protect children and prevent child trafficking.

23 7658 amended Section 12 of RA 7610

children below 15 years old when a child works directly under the sole responsibility of his parents or legal guardian and where a child’s employment or participation in public entertainment or information is essential Ratified ILO • Prohibits the Convention on the employment of children below Worst Forms of 15 years of age except when a Child Labor child works directly under the sole responsibility of his parents or legal guardian and where a child’s employment or participation in public entertainment or information is essential Executive Order 275

Created a special committee for the protection of children and directed government agencies to respond at once to childrelated problems brought to them including encouraging the creation of Barangay Council for the Protection of Children

Executive Order No. 62 Executive Order 310 Art.27 to 42 of PD 603; Child and Youth Welfare Code, some of which were repealed by Art. 138 to 193 of the Family Code; House Bill No. 5140 authored by Rep. Etta Rosales and Rep. Pat M.

An act to institute policies to suppress the trafficking in Filipino women and children, establishing the necessary

Children’s rights advocates criticized the Congress’ failure to pass previously introduced legislation that would have

24 Sarenas (5)

Senate Bill 753

Child and Youth Welfare Code

Art. 38, Labor Code Article IVSection8A of RA7610

Proposed House Bill 7199 to be known as the Anti-Trafficking Act

institutional mechanisms for the protection and support of victims of trafficking, providing penalties for its violations, and for other purposes. (Substituted by HB 7199 in the Committee on Women; transmitted to the Senate on April 5, 2000) Seeks to classify illegal trafficking as a criminal act.

created children and family courts to handle juvenile and domestic relations cases. As traditional societal values defined children as extensions and property of parents, ordinary courts favored parental authority over the rights of a child. By criminalizing the act of human trafficking, illegal activity can be halted and underprivileged women can be provided hope for a better future (6)

Parents of child workers maybe held criminally liable for abandonment, neglect or exploitation of their children Illegal recruitment Mandates DSWD to issue a travel clearance or Certificate of Travel to unaccompanied minors traveling abroad as a measure to protect children and prevent child trafficking. Seeks to institute policies to eliminate trafficking of women and minors and establish the necessary institutional mechanisms for the protection and support of victims of trafficking and providing penalties for its violations. (Juvida, 2000)

The Philippine country report said that the definition of trafficking proposed in the proposed legislation goes beyond the traditional understanding of trafficking….tries to encompass all modes and mechanisms for trafficking, including non-work related (trafficking) such as fixed marriages. It also takes sides with the victim (regardless whether the trafficking is often accompanied by deception, coercion or abuse of authority for the purpose of putting the victim in exploitative condition for the profit or gain of others. J. Enriques of CATW said the

25 definition used in the (ARIAT) conference considers lack of consent as a precondition for the conviction of an accused trafficker and only recognizes as trafficking cases those that are committed through force, fraud, deception or coercion.. She further said that even if those elements are not present, there is a crime of trafficking because the recruiters took advantage of the victim’s situation. For them according to her, with or without the victim’s consent, there is a case against the traffickers.

The definition of trafficking is very crucial in prosecuting crimes of trafficking, according to Janice Raymond, co-director of CATW-International Wide in scope (Phil. Congress) Republic Act 6975 or PNP Act of 1991

Paved the way to the establishment of the Child and Youth Relations Section in highly urbanized cities, including Metro Manila and the designation of Child and Youth Relations Officer in other police stations nationwide

Title V11 of RA 8551, otherwise known as the PNP reform and reorganization Act of 1998

amplified the institutionalization of the Management of Cases of Children in especially Difficult Circumstances that contains certain procedures in the handling of children’s cases.

Anti-trafficking bill approved by Congress

Gives special recognition to the vulnerability of women and children. The original proposal

The proposed bill are not so focused on children -----the trafficked or about to be

26 was centered on Filipino women and children. It was fine-tuned to cover men as victims and non-Filipinos as preys of the organized crime group, according to Representative Pat Sarenas

trafficked/or about to be trafficked child has specialized needs that are not congruent to that of the woman. There is a need to come up with an antitrafficking bill with children as main focus.

The bill on Anti-Trafficking in Filipino Women and Minors sought to provide comprehensive measures to address all forms of trafficking in women and children and to provide higher penalties (UN Press release, www.unchr.ch). Most of the in-country laws still do not treat human traffickers as harshly as drug smugglers according to International Justice Mission Investigator Bob Mosier. He said that the Filipino immigration card it is written in red letters “Drug trafficking in the Philippines is punishable by death” which is not the case for traffickers of human beings (Edwards and Hardner). The Philippines ratified the Convention on the Rights of a Child on Aug. 21, 1990; signed the Optional Protocol in Armed Conflict on September 8, 2000. The country also signed the Optional Protocol on Child Prostitution (Confronting Trafficking, www.uri.edu). B.

The NGOs and INGOs

Children's rights and welfare organizations have given special attention to the children. The vulnerability of children and their trafficking situation distinguishes children from adults. Still, many initiatives focus on the fight against trafficking in women and children at the same time, as both are considered to be most vulnerable to becoming victims of trafficking. Such equalization of situation of women and children could welcome reactions against an uncritical generalization of the trafficking of children and adults (Derks, 2000). It disregards the special situation, needs and developments relevant for minors. In order to respond to the special situation of trafficking in children, initiatives have been developed concentrating on the protection of children against sexual exploitation and abuse as well as child labor within the framework of child rights. These include initiatives regarding law reform and enforcement, as well as preventive measures such as education for children, especially girls, economic support for families, awareness raising and advocacy for the rights of the child. Protection to child victims of trafficking is given in the form of shelter, counseling, education, health care and return and reintegration assistance.

27 IOM has also supported various information and advocacy law development activities. IOM has been especially active in various awareness-raising campaigns, such as the Trafficking Video Project, which entailed the translation, reproduction and distribution of the trafficking play We're So Syndicated, Ma'am and the Philippine Information Programme, which launched a radio show about trafficking experiences and information. More immediate action according to ILO-IPEC aimed in assisting the victims of child trafficking is still in its infancy in the Philippines. Data indicate that responses of the government on the child trafficking issue is on the formation of prevention and protection aspects specifically through formation of committees or task forces and proposed law and resolution. Efforts of NGOs and INGOs on the other hand center primarily on prevention like: • conducting preventive education and awareness-raising campaign • developing community-level models of trafficking prevention • development of resource centers and training centers • conducting action-oriented research • improving identification mechanisms and developed criteria for children at risk of being trafficked • forging partnership with areas deemed at risk • conducting policy advocacy • Established programs to counter the efforts of child labor recruiters • Rescued children from labor recruiters and working under sweatshop conditions The UNICEF East Asia and Pacific region has also several projects in the Philippines in response to the issue of trafficking that focus on advocacy, monitoring, prevention, legal protection, recovery and reintegration assistance. However, there are constraints and difficulties that were determined in responding to the issue of child trafficking. • Difficulty in policing the Internet • Difficulty in dealing with the groups engaged in the trafficking • Some government officials and businessmen still feel that the provision of every kind of sexual service to foreign tourists is a necessary part of tourism development • Increasing control of trafficking routes and destinations by syndicates such as Triad, Yakuza, mafia and local criminal groups. Parents and relatives are driven by economic imperatives have also been involved in small time operations • Continuing inability of the government and the international community to respond to the increasing trafficking in children • Knowledge about the issue is mainly based on news reports and articles, personal accounts of victims and cases reported by field partners. Information gathered are not substantive enough to understand the issue thoroughly and plan out initiatives • Data are difficult to obtain due to the nature of trafficking

28 • •

Existing literature are focused on the end result of trafficking experience not on the process, modes of operation, routes and transit points Domestic efforts to improve institutional capacity maybe limited by the lack of resource, political will, human resistance to change and corruption. Domestic efforts are generally concentrated within national borders

The NGOs and INGOs have suggested different measures to respond to the issue of child trafficking. •

• • • • •

• •

• • •

Organization of migrant communities to respond to parents’ reports of missing children and to children’s own reports and call for help. Such communities can play a major role by tracing retrieving and sheltering child victims of trafficking. Child domestic servants in particular are a group about whom all too little is known and comparatively little attention is paid in action programmes. Long - term measures are needed to address the underlying causes of the problem. More effective and new approaches for detection, intelligence and rescue, and for a collaborative effort by national and local government agencies and NGO. Studies should be undertaken to identify the geographical areas where recruitment takes place and efforts made to mobilize the communities. Approaches should also be developed for action aimed at detecting and rescuing child victims of trafficking other than those in factories including action aimed at combating the recruiters and syndicates Improve efforts at enforcement, which must be supported by measures to maintain and protect the victims who will act as witnesses and by rehabilitation and reintegration services. This should go hand in hand with reconsideration of judicial process and development of child-sensitive procedures, review of legislation, awareness raising, reorientation of labour inspectors and other government officials and the judiciary, a communication programme and a public declaration of commitment Assist with the training of service providers to improve planning Forge partnership with community based organizations including government and NGOs who are familiar with local settings and potential trafficking cases. This can be sustained through training in information dissemination as well as the documentation of local cases. Local law enforcement agencies and local law and order councils can work with these LOs to form Traffic watch groups. Build core of committed public officials and improving governmental systems and procedures in assisting trafficking victims – This play critical role in detecting, alerting and spotting potential trafficking chain prior to departure. Setting up visible, accessible and survivor-friendly one stop assistance centers Come up with an integrated approach that would tap/address major players like government, workers’ and employers’ organizations, NGOs, communities and families in the prevention, rescue, repatriation and restoration of the rights of victims

29 • • • • • • • •

• • • • • • • • • • • •

Strengthen the judiciary and police force in prosecuting offenders and dismantling the trafficking network Governments and private sector should also address issues like poverty, unemployment/underemployment and armed conflict among other things Intensify awareness-raising activities in local government units, communities and families on the dangers and effects of trafficking Increase efforts to channel emigration through legal systems, as well as organize additional information and awareness campaigns and education programmes There is a need for more effective and new approaches to detection, intelligence, and rescue and for a collaborative effort by national and local government agencies and NGOs. Studies should be undertaken to identify the geographical areas where recruitment take place and efforts made to mobilize the communities. Approaches should also be developed for action aimed at detecting and rescuing child victims of trafficking…at combating the recruiters and syndicates involved in trafficking of child victims for prostitution. Improved efforts at enforcement- which must be supported by measures to maintain and protect the victims who will act as witnesses and by rehabilitation and reintegration services – should go hand in hand with reconsideration of judicial processes and development of child inspectors and other government officials and the judiciary Implement a communication programmme and a public declaration of commitment at the highest levels to tackle the problem decisively. Assist the training of service providers, to improve planning, monitoring, evaluation and coordination Strengthen the people’s organizations that can play a major role in this struggle. strengthen and enforce laws Bring together government, NGOs and international organizations to look at the full range of trafficking Forge greater coordination of the different government agencies involved in the different aspects of trafficking Establish priorities at the national level. It should emphasize actions designed to prevent child labour and should aim at reduction in child labour in a few key particular industries or occupations. Plan and organize an adequate and comprehensive response to girls escaping from trafficking situations Enact law on trafficking and adoption of policies consistent and supportive of such law Adopt preventive, protection and rehabilitation/reintegration measures Conduct in-depth studies that will provide data on the extent of trafficking within and across national borders Perform holistic analysis of the problem

30 •

•

IV.

Strengthen the enforcement of laws, policies and standards particularly in tracking down the activities of illegal recruiters, the movement of trafficked children between geographical areas and speeding up prosecution of cases against perpetrators. Forge regional and/or international cooperation to address the transnational elements of organized crime. Conclusions and recommendations Child trafficking in the Philippines has its roots at the country’s history extremely lacks the much-needed statistics, data and information in order to have a complete and concrete picture of the situation. Patterns and trends generated from the gathered information were barely supported by figures. Concrete data of the number of child victims, the trafficking routes including transit points, the mode of transportation used and specific information about the traffickers could result to more effective plans and strategies in response to the situation. There would be tangible bases in lobbying for laws and legislations attuned to the needs of the children. It is also very important to learn from the experiences and consider the suggestions and recommendations of groups and sectors that have worked on the issue. This is to come up with more effective and creative interventions on prevention, protection, rehabilitation and reintegration strategies. Results of the study indicate that efforts of both government and nongovernment sectors focus more on the prevention. Aspect. However, factors that favor child trafficking included the lack of information about the issue of both potential victims and the supposedly protectors of the children like the parents and the concerned authorities. This only indicates the need to mainstream advocacy and campaign on child trafficking. There are maybe sectors that could start or continue to focus on the child protection aspects while others are specializing or developing more applicable rehabilitation or reintegration programs. All of these necessitate workable mechanisms to maximize all efforts and resources. Documentation is also very crucial to replicate all efforts.