Trafficking in Persons and the 2003 UN Secretary General’s Bulletins on Sexual Exploitation,
Abuse, Discrimination and Harassment.
The study refers to the 2017 regional ASEAN Convention Against Trafficking in Persons,
Especially Women and Children, and to national legal frameworks such as the 2003 AntiTrafficking Act (RA 9208, and amended in 2012 as RA 10364), the 2004 Anti-VAWC Act which
includes punishing the act of prostituting a woman or child, and the Magna Carta of Women
(RA 9710).
The legal frameworks agree that the act of receiving a person, through abuse of
vulnerability, for the purpose of sexual exploitation is an act of trafficking, regardless of the
presence or lack of a third party. The element of “force” is immaterial, following the
definition of trafficking under the UN Protocol where consent is immaterial, therefore
covering all acts of prostitution as trafficking.
The trafficking cases are gender statistics because:
1. The majority of victims are women and girl-children.
2. The root causes of the trafficking cases are gender stereotypes, such as the sexual
objectification and commodification of the victims by their perpetrators. Their
victimization in trafficking is part of a continuum of gender stereotype-based
violence from girlhood, where they were also abused by older male relatives as the
latter’s sexual properties. The individual biographies of the victims-survivors reveal
grooming of the women to accept their victimization in sex trafficking as their lot, or
increases their vulnerability to accept the victimization as a natural course of life.
3. The majority of the perpetrators are men who are privileged with purchasing power
(and mobility for men in uniform during lockdowns), and the gender stereotyped
ideas of higher rank in society with power to abuse women sexually on the basis of
their purchased consent.
Therefore, the cases of violence against women were recorded from a human rights
perspective. The rights violated and methods of violence were identified and categorized
based on women’s experiences.
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