US embassy cable - 05MANILA5781

UNCLAS SECTION 01 OF 03 MANILA 005781 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR G/TIP, EAP, EAP/MTS, EAP/MLS, EAP/RSP, EAP/PD, INL, 
DRL/IL, DRL/CRA 
DEPARTMENT PLEASE PASS USAID FOR ANE/TS - L. SAULS 
LABOR FOR ILAB 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, PREL, KWMN, ELAB, KCRM, RP, MY, JP 
SUBJECT:  G/TIP AMBASSADOR MILLER'S DECEMBER 3-6 VISIT: 
PRESSING THE NEED FOR MORE PROSECUTIONS AND CONVICTIONS 
 
REF: A. MANILA-G/TIP UNCLASS EMAIL 12/12/05 
     B. MANILA 5710 
     C. MANILA 5633 
     D. MANILA 5326 
     E. MANILA 4984 
     F. MANILA 4199 
     G. MANILA 3500 
 
1.  (U) This message is Sensitive but Unclassified -- Please 
handle accordingly. 
 
2.  (U) Summary:  G/TIP Director Ambassador John Miller 
visited the Philippines December 3-6 to evaluate GRP 
progress in addressing serious problems that resulted in its 
Tier Two Watch List rating in 2004 and 2005.  Meetings with 
government officials, NGOs, and the media focused on 
increasing the number of prosecutions and convictions for 
human trafficking.  Ambassador Miller also discussed the 
needs for more effective law enforcement cooperation to 
fight cross-border trafficking and an end to the 
exploitation of Filipino "entertainers" in Japan, as well as 
USG project assistance to the local anti-TIP effort.  The 
visit -- which included meetings in Zamboanga City in 
Mindanao as well as a full schedule in Manila -- received 
extensive and positive media coverage.  (Ref B reports on 
unprecedented convictions under GRP's 2003 anti-trafficking 
law, which judicial authorities announced during Ambassador 
Miller's visit.)  End Summary. 
 
------------------------------------------ 
Need for More Prosecutions and Convictions 
------------------------------------------ 
 
3.  (U) G/TIP Director Ambassador John Miller's December 3-6 
visit focused on key areas for improvement identified in the 
2005 TIP report on the Philippines, notably few prosecutions 
and no convictions of traffickers under the Philippine 2003 
anti-trafficking law, Republic Act 9208.  Ambassador Miller 
underscored the need for GRP law enforcement and judicial 
agencies especially to take the issue more seriously and to 
make solid progress in bringing traffickers to justice now. 
GRP interlocutors admitted slow progress, described 
inefficiencies in the Philippine judicial system -- due to 
overburdened police and courts, as well as systemic problems 
of poor police-prosecutor cooperation, witness tampering, 
and corruption -- but promised greater efforts. 
 
4.  (U) During Ambassador Miller's visit to Zamboanga City 
in Mindanao on December 5, the Regional Trial Court 
announced that earlier that day it had convicted two members 
of a trafficking syndicate and sentenced them to life in 
prison and a 2.5 million peso (USD 47,000) fine for 
recruiting a woman to work in a restaurant then selling her 
to a brothel in Malaysia (ref B).  These were the first jail 
sentences handed down under R.A. 9208, although three other 
traffickers separately pled guilty in November to a minor 
offense under this law, resulting in a sentence of six 
months community service (ref C).  The Zamboanga Interagency 
Council Against Trafficking (IACAT), established to 
implement the anti-trafficking law locally, described how it 
had established close cooperation between the prosecutor's 
office and police in order quickly to prepare a solid case 
in the more important case.  In addition, the judge hearing 
the case held weekly "marathon" hearings, resulting in a 
speedy trial -- only four months from arrest to conviction. 
There are currently about 60 cases filed under R.A. 9208. 
 
5.  (SBU) In a December 6 meeting in Manila with members of 
the national IACAT, prosecutors noted that the dockets in 
metro Manila had more cases and that many positions in the 
prosecutor's office remain vacant due to low salaries, which 
made progress in the capital region difficult.  According to 
Attorney Romulo Asis, head of the National Bureau of 
Investigation (NBI)'s Anti-Human Trafficking Division 
(AHTRAD), coordination between investigators and prosecutors 
is severely limited.  Although Philippine law does not 
prohibit law enforcers from working with prosecutors to 
build a strong case, the prevailing culture frowns upon such 
cooperation.  Assistant Chief State Prosecutor Severino Gana 
reported that the Department of Justice (DoJ) has increased 
the number of prosecutors working on TIP cases to 95.  He 
added that the DoJ was expanding training for TIP 
prosecutors with help from a USG-funded project (see para 8) 
and it was preparing a manual for prosecutors outlining how 
to prepare more effective cases.  In a separate meeting with 
Ambassador Miller, Secretary of Justice Raul Gonzalez 
expressed confidence that more TIP cases would be resolved 
in the coming months.  Ambassador Miller stressed the 
importance of maintaining momentum on TIP prosecutions so 
that traffickers get the message that dealing in human 
slavery will not be tolerated in the Philippines. 
 
---------------------------------- 
Cooperation on International Cases 
---------------------------------- 
 
6.  (SBU) Officials from AHTRAD and the DoJ noted that they 
had cooperated with U.S. officials to investigate and return 
to the U.S. four Amcits who were eventually convicted under 
the U.S. PROTECT Act for committing sex crimes in the 
Philippines.  Ambassador Miller assured the GRP officials 
that the USG is committed to fighting trafficking worldwide 
-- including within the U.S. -- and asked for the continued 
cooperation of GRP authorities in bringing American 
traffickers to justice as well.  GRP officials commented 
that they have received only limited cooperation from 
Malaysian officials in several cases of trafficking, 
including the successful case in Zamboanga.  (Note: 
Malaysia is reportedly a destination for victims trafficked 
from the Philippines to work as domestic servants and in the 
sex trade.  End Note.) 
 
----------------------------------- 
Trafficking "Entertainers" to Japan 
----------------------------------- 
 
7.  (SBU) Minister Eiichi Oshima, Deputy Head of Mission and 
Consul General of the Japanese Embassy in Manila, told 
Ambassador Miller that stricter regulations for 
"entertainer" visas had reduced the number of Filipino 
workers traveling to Japan for such work drastically.  Since 
the new rules took effect in March 2005, the number of 
entertainer visas issued by the Japanese Embassy has fallen 
steadily, as applications filed under the old rules worked 
through the system (ref F).  By November 2005, entertainer 
visa issuances had fallen by 88 percent compared to November 
2004.  Oshima reported that, after initially fighting the 
new rules, the GRP had accepted the increased scrutiny given 
to entertainer visa applicants.  This acquiescence occurred 
following public statements by a group of NGOs and the 
Catholic Bishops' Conference of the Philippines (CBCP) in 
early 2005 supporting the GoJ's plan to reduce trafficking 
of Filipino women to Japan. 
 
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USG Assistance 
-------------- 
 
8.  (U) Members of Mission's inter-agency TIP working group 
briefed Ambassador Miller on several ongoing USG-funded 
projects to support the prosecution of TIP cases and to 
enhance public education and victims' assistance programs. 
The Rule Of Law Effectiveness (ROLE) program, End Child 
Prostitution and Trafficking (ECPAT), the American Center 
for International Labor Solidarity (ACILS), and the Visayan 
Forum Foundation (VFF) have educated hundreds of police, 
prosecutors, and social workers on the 2003 anti-trafficking 
law and on how to prosecute cases more effectively under the 
law (ref E).  The prosecutors and police in Zamboanga were 
among the first recipients of ROLE-sponsored training in 
June 2005.  The International Justice Mission (IJM), also 
operating with a USG grant, provides attorneys free of 
charge to TIP victims to help them pursue cases against 
traffickers.  (Note:  The Philippine judicial system allows 
private attorneys to file criminal TIP cases on behalf of 
victims to augment the insufficient number of government 
prosecutors.  End Note.) 
 
9.  (U) Other USG-sponsored programs seek to raise public 
awareness of the dangers of trafficking and to assist 
victims.  The CBCP's National Office of Mass Media (NOMM) 
runs public information campaigns using TV, radio, 
newspapers, web sites, and text messaging campaigns to 
educate the public on the dangers of trafficking.  The 
Coalition Against Trafficking in Women (CATWAP) offers 
education to vulnerable communities to try to prevent women 
and children from falling victim to traffickers.  During a 
December 4 visit to the Visayan Forum Foundation's (VFF) 
halfway house in Manila -- which is partially supported by 
the USG -- Ambassador Miller met with trafficking victims, 
who shared their stories, often ones of graphic horror.  VFF 
provides shelter and job training to victims whom it 
intercepts at ports along trafficking routes with the help 
of the Philippine Coast Guard, Port Police, and shipping 
companies.  VFF also supports victims in pursuing criminal 
cases against the traffickers.  These and other NGOs 
presented reports of their progress and shared insights into 
the nature of the trafficking problem in the Philippines at 
a December 6 roundtable discussion.  Ambassador Miller 
thanked them for their dedication and urged them to continue 
to fight on behalf of Filipino trafficking victims. 
 
-------------- 
Press Coverage 
-------------- 
 
10.  (U) Major national newspapers covered Ambassador 
Miller's visit and the trafficking convictions in Zamboanga. 
At a December 6 press conference, journalists questioned 
whether the Philippines' current Tier Two Watch List ranking 
would go up or down in 2006.  Ambassador Miller responded 
that additional convictions of traffickers would be a 
crucial factor in determining next year's ranking, but 
pointed out that the TIP Report is not a goal in itself, but 
rather a tool to "shine a spotlight" on the trafficking 
problem, with the goal of ending this scourge and the toll 
it takes on so many victims internationally.  Several major 
newspapers also carried press releases issued by Zamboanga 
City Mayor Celso Lobregat and the DoJ trumpeting the 
December 5 TIP convictions.  Ref A contains a column by well- 
known Catholic anti-TIP activist Father James Reuter noting 
the importance of Ambassador Miller's visit and of USG 
assistance in this area.  Father Reuter met with Ambassador 
Miller during the December 6 NGO roundtable discussion. 
 
11.  (U) Ambassador Miller did not have the opportunity to 
review this message. 
JONES