Trafficking
in Persons
Anti-Trafficking Law: Eliminating Trafficking in Persons
Especially Women and Children (R.A. 9208 / R.A. 10364)
The Republic Act 9208, otherwise known as the anti-Trafficking in Persons
Act of 2003, was signed into law on May 23, 2006. In keeping with the
State’s obligation to protect the dignity of an individual, and in recognizing
equal rights and inherent human dignity enshrined in universally accepted
human rights instruments and other international conventions, this law
criminalizes the act of trafficking in persons, especially women and
children, for prostitution, sexual exploitation and slavery, among others.
The law defines trafficking in persons as the:
↗ recruitment, transportation, transfer or harboring, or receipt of
persons with or without the victim’s consent or knowledge
↗ within or across national borders
Mina, 15 years old, was hired as
a domestic worker for a family in
Malaysia. She is from Zamboanga. She
willingly agreed to do the work. She
was not forced.
Lina was recruited as a saleslady from
Samar. Her employment turned out to
be that of a "guest relations officer"
(GRO) in a bar in Manila. She filed a case
of trafficking. Her employer said the
law is only applicable for those who are
trafficked to and from other countries.
There is still a violation of the AntiTrafficking law, because initial consent
and/or payment for commercial labor
is not relevant, especially if the victim
is a child.
Trafficking in persons do not only cover
foreign nationals or immigrants from
other countries, Filipino citizens may
also be victims of trafficking in persons
within the Philippines.
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↗ by means of threat or use of force, or other forms of coercion, abduction,
fraud, deception, abuse of power or of position, taking advantage of the
vulnerability of the person, or, 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 which includes at a minimum, the exploitation
or the prostitution of others or other forms of sexual exploitation, forced
labor or services, slavery, servitude or the removal or sale of organs.”
It also considers “recruitment, transportation, transfer, harboring or
receipt of a child, for the purpose of exploitation, as "trafficking in
persons" even if it does not involve any of the means set forth above.
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