US embassy cable - 05MANILA1618

C O N F I D E N T I A L SECTION 01 OF 03 MANILA 001618 
 
SIPDIS 
 
STATE FOR EAP/PMBS, EAP/RSP - SU, G/TIP - NORIN, DRL 
 
E.O. 12958: DECL: 04/07/2015 
TAGS: PGOV, PHUM, KWMN, KCRM, ELAB, KCOR, RP, JA 
SUBJECT: TIP UPDATE 
 
REF: A. MANILA 1134 
     B. MANILA 971 
     C. MANILA 675 
     D. MANILA 607 
 
Classified By: Deputy Pol/C Joseph Novak for reasons 1.4 (b) and (d). 
 
1.  (C) Summary:  Mission has underscored to the GRP the 
possibility that the U.S. might place the Philippines on the 
TIP Tier 3 list due to lack of convictions and allegations of 
official corruption, among other reasons.  We have repeatedly 
requested comprehensive statistics about prosecutions and 
convictions, but have not yet received additional solid 
information.  According to GRP officials, the GRP is working 
on new ways to assist prosecutions, including by assigning 
"special prosecutors" to some regions where trafficking is 
particularly severe.  Despite new and ongoing TIP 
prosecutions, the glacial speed of the Philippines' legal 
system makes convictions under the 2003 TIP law unlikely 
until at least next year.  Mission has been unable to uncover 
hard evidence on allegations of TIP-related corruption by 
Filipino diplomats in Japan.  There is growing concern that 
designation as a Tier 3 country would undercut anti-TIP 
activists within the GRP, undermine new efforts, and damage 
cooperation with the USG. End Summary. 
 
--------------------- 
Sounding the Warnings 
--------------------- 
 
2.  (C) Mission has underscored to the GRP the possibility 
that the U.S. might place the Philippines on Tier 3 this year 
due primarily to lack of convictions as well as allegations 
of official corruption.  Pol/C met on March 30 with President 
Arroyo's General Legal Counsel (and former Acting Secretary 
of Justice) Maria Merceditas N. Gutierrez, who also serves as 
the GRP's anti-corruption czar and is personally committed to 
anti-TIP efforts.   Gutierrez expressed surprise and concern 
at the lack of available statistics and promised immediately 
to issue a directive for concerned agencies to assemble 
necessary documentation.  (As of April 7, however, we have 
not received new information -- see below.)  During an April 
1 meeting, Dep Pol/C discussed TIP with Philippine Gaming and 
Amusement Commission (PAGCOR) Chairman Efraim Genuino, a 
close associate of President Arroyo's.  Genuino, who said he 
has made four recent trips to Japan to discuss TIP issues at 
the behest of the President, said that he understood the 
gravity of the situation and that the GRP was committed to 
countering TIP, gaining convictions, and cooperating with the 
U.S. in any way in order to avoid being placed on Tier 3. 
Dep Pol/C also met with opposition Senator Maria Ana Consuelo 
"Jamby" Madrigal, a staunch anti-TIP activist, on April 4 to 
discuss TIP.  Madrigal promised to continue to urge the GRP 
to do more. 
 
------------------ 
Prosecution Update 
------------------ 
 
3.  (SBU) Justice Attache and poloff met on March 29 with 
Robert Larga, the Department of Justice (DOJ) official who 
heads the secretariat of the GRP's Inter-Agency Council 
Against Trafficking (IACAT).  Larga said that there were 19 
cases under prosecution and 28 cases under investigation 
based on the 2003 Anti-Trafficking Law (R.A. 9208) as of late 
last year, but that there had been no convictions yet.  He 
could not confirm whether these figures were comprehensive, 
nor could he provide more current figures.  According to DOJ 
and the National Bureau of Investigation (NBI) officials, 
additional cases are under investigation and they expect soon 
to file more charges under R.A. 9208. 
 
4.  (SBU)  However, the International Justice Mission (IJM), 
a well-known international NGO working on TIP cases (and the 
recipient of a State Department grant here) and other 
contacts have confirmed only six known cases in prosecution 
under R.A. 9208.  Officials predicted a court decision on at 
least one case -- People v. Tongco and Jerson -- some time in 
the next year.  IJM also plans to prosecute another new case 
soon under R.A. 9208 related to eight TIP victims whom 
Visayan Forum Foundation (another State Department grantee 
here) rescued on March 3 at Batangas port, south of Manila. 
Police have already arrested a suspected trafficker.  (Note: 
It is a unique feature of Philippine law that NGOs are 
allowed to bring trafficking cases, with the permission of 
the DOJ. end note) 
 
5.  (SBU) The DOJ and the NBI have not yet been able to 
provide information on trafficking-related cases under 
prosecution based on other relevant laws, including: R.A. 
7610, the Special Protection of Children Law; R.A. 8042, the 
Migrant Workers and Overseas Filipinos Law; R.A. 8043, the 
Inter-Country Adoption Law; and, R.A. 9231, the Anti-Child 
Labor Law.  IJM has at least four cases in trial under R.A. 
7610.  IACAT's Larga told poloff that there had been 11 
convictions for passport fraud in 2004 (R.A. 8239), but could 
not confirm whether these convictions were specifically 
linked with trafficking.  He noted, however, that this crime 
often involves TIP. 
 
-------------------------------- 
GRP Moves to Assist Prosecutions 
-------------------------------- 
 
6.  (SBU) According to Embassy contacts, the GRP plans 
additional institutional changes to assist TIP prosecutions. 
IACAT's Larga told poloff that the DOJ will designate 
"special prosecutors" dedicated to anti-TIP prosecutions at 
regional sites throughout the country where the trafficking 
problem is particularly severe.  He said that DOJ had already 
identified these prosecutors, who are now undergoing training 
on R.A. 9208.  In addition, the DOJ is developing a practical 
anti-TIP manual for all prosecutors nationwide fully to 
explain the provisions of R.A. 9208.  Larga added that the 
DOJ will also issue instructions to prosecutors directing 
them to object to motions in court for dismissal of 
TIP-related cases when there seems to have been pressure 
placed on victims or witnesses by bribes or threats to recant 
their testimony. 
 
------------- 
"Report Card" 
------------- 
 
7.  (SBU) In September 2004, G/TIP provided six 
recommendations to several GRP departments working on TIP 
issues to highlight how the GRP could show progress in 
combating trafficking.  Current status of these: 
 
-- Recommendation 1:  Aggressively implement the new 
anti-trafficking law, leading to a discernible increase in 
investigations, arrests, prosecutions, and convictions of 
traffickers. 
 
Assessment:  See paras 3-5 above 
 
-- Recommendation 2:  Train police and immigration officials, 
judges, and elected officials on the new anti-trafficking law 
and provide information on how many officers received 
training and on how the GRP implements training in the field. 
 
 
Assessment:  As reviewed in ref B, hundreds of police, 
immigration officials, judges, and elected officials have 
been receiving training on TIP and the anti-trafficking law. 
NGOs and the GRP have been working together to implement this 
training nationwide. 
 
-- Recommendation 3:  Combine the separate case investigation 
processes at the DOJ and the NBI into a single dedicated team. 
 
Assessment:  There has been no apparent movement on this. 
 
-- Recommendation 4:  Increase the volume and speed of TIP 
trials by ensuring the exclusive focus of the dedicated team 
of four DOJ TIP prosecutors.  Augment prosecution bandwidth 
by working with NGOs such as IJM. 
 
Assessment:   The four dedicated TIP prosecutors are burdened 
with other, non-TIP-related cases.  The GRP is working 
effectively with IJM and other NGOs. 
 
-- Recommendation 5:  Develop a mechanism within the DOJ to 
report monthly case statistics and post the statistics on the 
Internet. 
 
Assessment:   As noted above, case statistics continue to be 
sketchy.  The DOJ does not yet have in place a system to 
correlate case statistics every month or quarter from offices 
nationwide.  According to IACAT's Larga, this mechanism 
should be in place later this year. 
 
-- Recommendation 6:  Tighten certification process for 
entertainers destined to countries where TIP is a problem. 
 
Assessment:  The Japanese government's tightened visa  rules 
regarding Overseas Performing Artists (OPAs) -- which were 
implemented on March 15 -- obviated the previous requirement 
for GRP-issued Artist Record Books for travel to Japan.  The 
GRP took the step of returning responsibility for issuing 
ARB's to the Philippine Overseas Employment Agency (POEA) in 
September 2004 after reports of serious corruption at the 
Technical Education and Skills Development Authority (TESDA). 
 The POEA's performance is reportedly an improvement over 
that of TESDA. 
 
------------------------- 
Allegations of Corruption 
------------------------- 
 
8.  (C) Mission has asked contacts about allegations that 
Filipino diplomats in Tokyo and Osaka have pocketed money 
meant for use as a "bond" for the protection of OPAs employed 
in Japan.  According to GRP regulations, the POEA requires 
each Japanese promoter to deposit USD 20,000 into an escrow 
account in a Philippine bank, channeling the money through 
the Philippine Embassy in Tokyo or the Consulate General in 
Osaka.  (Note:  This tracks with POEA's standard operating 
procedure requiring a deposit for most overseas contract 
workers, not just OPAs. end note)  This money is to serve as 
an escrow bond against any potential claims the performer may 
file against the promoter or club owner, and is held in an 
account in the promoter's name in the Philippines until five 
years after the promoter concludes business.  After five 
years, the promoter is free to withdraw the money and its 
interest, less any claims deducted for compensation.  When 
there is a dispute between the performer and the employer 
that might involve compensation, the GRP's National Labor 
Relations Commission (NLRC), a quasi-judicial body, 
adjudicates the claim. 
 
9.  (C) According to DFA officials, such allegations remain 
unproven, and no Filipino diplomats have been disciplined or 
fired.  The Japanese Embassy in Manila is aware of the 
allegations of corruption, but does not have any real 
evidence. 
 
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Comment 
------- 
 
10.  (C) GRP contacts continue to make all the right sounds 
about TIP and readily acknowledge the need for convictions. 
They note at the same time, however, that the Philippine 
legal system is notoriously slow, primarily due to the fact 
that trials are non-contiguous (i.e., trials proceed 
intermittently, interrupted by other pending cases).  They 
have stressed the need for patience regarding convictions, 
especially given the relative newness of R.A. 9208.  They 
appear to understand that the international community needs 
to see real progress in the fight against TIP.  The GRP's 
designation of "special prosecutors" on a regional level for 
TIP, additional attempts to protect victim and witness 
testimony, and development of more comprehensive statistical 
databases will be welcome.  There is growing concern, 
however, that designation as a Tier 3 country will undercut 
anti-TIP activists within the GRP, undermine interest in 
pursuing additional initiatives, and diminish the willingness 
of the GRP to cooperate with the USG on TIP issues, despite 
the GRP's clear opposition to TIP and uneven, but real, 
progress in anti-TIP efforts. 
Mussomeli