Human trafficking simplified: lawyer defines offenses for media practitioners.

R. A. DIOQUINO
March 26, 2012

Dubbed as “modern-day slavery,” human trafficking affects millions of individuals and families around the world, most of whom were driven to such situation by a singular desire to rise above poverty.

However, this issue — while widespread — is said to have remained in the backburner of many people’s minds because of both its complicated definition under the rule of law and the simplicity of the acts through which they occur.

Over the weekend, representatives of the Interagency Council Against Trafficking (IACAT) sat down with members of the media to explain the issue in bite-sized terms.

Trafficking defined

According to IACAT lawyer Patty Sison-Arroyo, trafficking is determined by The Anti-Trafficking in Persons Act of 2003 (RA No. 9280) with the following elements combined:

acts (such as recruit, transport, transfer, harbor, receive);

means (threat, coercion, abduction, fraud or deception, abuse of power); and

purpose for exploitation (for sexual, labor, or even physical abuse that comes in the removal of organs).

“The exploitative purpose need not be carried out as long as there is evidence of such intent,” she said, adding that the proof may come in written or spoken transactions or a noticeable pattern of operations.

Trafficking may come in any of the following schemes, which can get perpetrators 20 years in prison and a fine of P1 million to P2 million:

sex trafficking (prostitution, pornography, sexual exploitation);

forced labor (slavery, debt bondage, involuntary servitude);

organ trafficking; and children in armed activities.

The offense, however, is considered more grave by the law when it involves a minor, wherein the “means” is taken off the formula.

“This is done because children are incapable of consent,” Sison-Arroyo said. “This also goes for persons over 18 years old who may have the mental age of a child.”

Other factors that aggravate punishment (to life imprisonment and a fine of P2 million to P5 million) include:

when a person is recruited to engage in prostitution with any member of the military or law enforcement agencies;

when the trafficker is an ascendant, parent, sibling, or guardian; and

when it is done by a syndicate (three or more traffickers) or in large scale (three or more victims).

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