US embassy cable - 05MANILA5326

UNCLAS SECTION 01 OF 02 MANILA 005326 
 
SIPDIS 
 
FOR G/TIP, EAP/RSP, EAP/MTS, EAP/MLS 
STATE ALSO FOR AID 
LABOR FOR ILAB 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, PREL, ELAB, KWMN, KCRM, RP, JA 
SUBJECT: PHILIPPINES/TIP:  INTERIM ASSESSMENT 
 
REF: A. STATE 192352 
B. MANILA 4984 
C. MANILA 4831 
D. MANILA 3500 
E. MANILA 1815 
 
1.  (U)  Summary.  In response to Ref A, this message 
provides information on the Philippines for the Interim 
Assessment on the Special Watch List countries due in 
Congress no later than February 1.  The Philippine 
Department of Justice (DoJ) has trebled the number of 
prosecutors at the national level handling TIP cases, and 
has assigned additional prosecutors at the regional level to 
focus on TIP cases, resulting in a fourfold increase since 
November 2004 in prosecutions under the 2003 anti- 
trafficking law.  No trial case under the 2003 law has yet 
resulted in a verdict or conviction, however.  One new TIP 
case involves a Manila-based police official, who remains in 
detention.  GRP officials in the national government as well 
as local government units have increased awareness of how to 
implement the 2003 TIP law as a result of new GRP-funded 
programs as well as some USG-funded training initiatives. 
The flow of Philippine entertainers traveling to Japan had 
fallen by 83 percent as of October 2005.  Philippine 
authorities have cooperated in four cases so far involving 
American citizens under the PROTECT ACT and other sexual 
crimes over the past year.  End Summary. 
 
Enforcement of Anti-Trafficking Law 
----------------------------------- 
 
2.  (U) GRP prosecutors and NGO lawyers continue to make 
limited headway in prosecuting human traffickers.  As of 
November 2005, prosecutors had filed 56 trafficking cases 
under the 2003 TIP law (R.A. 9208), up from 10-12 cases 
filed by the same time last year.  Of these, 36 are in the 
trial phase but none has led to a verdict, much less an 
actual conviction.  According to DoJ authorities, courts in 
2005 have convicted some individuals under related laws, 
such as child abuse and illegal recruitment, but they were 
unable to provide statistics.  The Philippine DOJ has 
assigned additional prosecutors in Manila to handle TIP 
cases, bringing the total number from 4 to 14. 
Additionally, approximately 45 prosecutors in regional DoJ 
offices are focused on TIP. 
 
3.  (U) In October, the Philippine Secretary of Justice and 
the Chief State Prosecutor agreed to implement a new policy 
in the Philippine DoJ's TIP Prosecution Unit that requires 
police and prosecutors to coordinate closely during the 
investigative and trial period (ref B). 
 
Prosecution of Government Officials 
----------------------------------- 
 
4.  (U) In June 2005, DOJ for the first time charged a 
government official with violating R.A. 9208.  Police 
officer Dennis Reci was arrested for allegedly trafficking 
minors to engage in sexual slavery at his nightclub in 
Manila (which authorities shut down).  He is currently 
detained at the Manila City Jail awaiting arraignment. 
 
Additional TIP Training 
---------------------- 
 
5.  (U) The GRP has strongly promoted training programs for 
law enforcement and immigration officials on trafficking 
issues and how to deal with victims.  The GRP's Inter-Agency 
Council Against Trafficking in Persons (IACAT) in March 
began to offer training to prosecutors and judges from 
around the country and plans to complete a manual for law 
enforcement personnel and prosecutors on how better to 
implement the 2003 anti-trafficking law by December.  The 
USG-funded "Rule of Law Effectiveness" Project has 
separately worked with several government agencies and non- 
government organizations to raise awareness of TIP issues 
and to strengthen anti-TIP mechanisms at the local level. 
Approximately 365 police, prosecutors, immigration 
officials, social workers, and local government officials 
have received training in the first eleven months of 2005. 
 
Increased Victim Cooperation in Prosecutions 
-------------------------------------------- 
 
6.  (U) In April 2005, the Philippine Secretary of Justice 
issued a directive ordering all prosecutors to give 
preferential attention to TIP cases and vigorously to oppose 
and object to any motions for dismissal due to lack of 
testimony by witnesses in TIP cases (ref E) or where the 
defendant had made a financial settlement with the victim or 
other family members.  The directive also instructed 
prosecutors to recommend against bail in cases violating 
certain sections of the anti-trafficking act.  These 
directives are included in ongoing training seminars for TIP 
prosecutors. 
 
7.  (U) The GRP's witness protection program, which DOJ 
operates, still lacks the budget to accommodate the large 
number of TIP victims.  The Visayan Forum Foundation (VFF), 
a local NGO working against TIP with some USG grants, has 
expanded its operations at four government-provided shelters 
located in different regions of the country.  These shelters 
serve as safe houses for TIP victims while they pursue their 
cases against traffickers, offering counseling and legal 
assistance.  Philippine Port Police provide security to 
these shelters. 
 
Other Significant Developments 
------------------------------ 
 
8.  (U) Philippine authorities assisted U.S. prosecutors to 
set depositions in the criminal case of an American national 
accused in November 2004 of sexually abusing eight boys in 
the Philippines.  A U.S. District Court convicted him under 
the PROTECT ACT in June 2005 and ordered him to pay 
restitution to his Filipino teenage victims.  The funds will 
provide for medical, psychological, and occupational therapy 
for the youths.  The GRP has also cooperated on extradition 
and deportation cases involving three Americans charged with 
sex crimes in the U.S. so far in 2005. 
 
9.  (U) Following the imposition by the Government of Japan 
(GoJ) of stricter requirements for entertainer visas in 
March, the number of Filipino entertainers traveling to 
Japan has fallen dramatically.  By October, the number of 
"entertainer" visas issued had fallen by 83 percent compared 
to the same period in 2004.  At the request of the GoJ, the 
GRP in May suspended its rule requiring Japanese 
entertainment promoters to provide escrow deposits through 
the Philippine embassy in Tokyo or consulate in Osaka in 
order to cover any claims made by Filipino workers against 
Japanese promoters.  There had been reports that these 
deposits had been subject to corruption. 
Jones