gender stereotypes, the derogatory portrayal of women, and combating the perpetration of
a culture of violence against women.
On addressing trafficking, discouraging the demand for prostitution, and giving financial
support to organizations involved in the rehabilitation of women in prostitution (para. 20)
27. The Commission acknowledges that criminal liability attaches to any person who profits
from prostitution or procures the services of another person for the purpose of
prostitution.32 Anti-trafficking legislation also makes it unlawful for any person to “hire a
person to engage in prostitution”.33
28. However, the Commission laments that the decriminalization of prostitution and the
penalization of handlers (or pimps) are still subject of draft legislation.34 Despite recent
amendments to the penal code,35 prostitution remains a penal offense applicable
exclusively to women, with no criminal liability attaching to the “john”. This is not denied
by the State party responses to the list of issues.36
29. Moreover, as originally envisioned, all fines, proceeds and properties forfeited and
confiscated pursuant to anti-trafficking prosecutions accrued to a Trust Fund to be
administered by the Inter-Agency Committee against Trafficking (“IACAT”), to be used
exclusively for anti-trafficking prevention and victim-rehabilitation programs, includ ing
providing technical and material support to non-government organizations (“NGOs”). 37
However, amending legislation provides that the sources of the Trust Fund are “earmarked
as additional funds for the use of the Council.”38
30. Since the original provision on the Trust Fund was not amended nor repealed, the
Commission is concerned that money collected could be used by the IACAT for purposes
other than the Trust, as any other interpretation would render the new provision
meaningless. Thus, NGOs formerly benefitting from IACAT funding could be casualties
of this amendment.
31. The Committee may wish to urge the State Party to clarify whether funding from the
IACAT for NGO-run programs on anti-trafficking prevention and victim-rehabilitation is
affected by the amendments to the anti-trafficking law.
On temporary special measures to accelerate women’s equal participation in political and
public life and ensure their representation in political and public bodies (para. 24).
32. The Commission acknowledges the pendency in the legislature of several bills mandating
that 50% of representatives nominated among the members of a registered political party
32
33
34
35
36
37
38
REV. PEN. CODE, art. 342, as amended by Batas Pambansa Blg. 186 (March 16, 1982), sec. 1.
Anti-Trafficking in Persons Act, Republic Act No. 9208 (May 26, 2003), sec. 4(e).
See id., paras. 17, 52 and 91.
See REV. PEN. CODE, art. 202, as amended by Republic Act No. 10158 (March 27, 2012), sec. 1.
CEDAW/C/PHL/Q/7-8/Add.1, para. 9.2.
Anti-Trafficking in Persons Act, Republic Act No. 9208 (May 26, 2003), sec. 15(c).
Id., sec. 28-A, as inserted by Republic Act No. 10364 (February 6, 2013), sec. 25.
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