Leading the fight against human trafficking

Just last June 15, 2023, US Secretary of State Antony J. Blinken released the 23rd annual Trafficking in Persons Report (TIP Report) where the Philippines was once again assessed to have fully met the minimum standards for the elimination of trafficking in persons, based on the United States (US) Trafficking Victims Protection Act of 2000, as amended (TVPA). In the 2023 TIP Report, the Philippine government was found to have continued to demonstrate serious and sustained efforts to fight trafficking in persons and was once again assigned a Tier 1 status. A big congratulations to the Inter-agency Council Against Trafficking (IACAT) and the entire Philippine government!

The 2023 TIP Report evaluated the anti-trafficking efforts of 188 governments, including the United States. Countries that have fully met the TVPA’s minimum standards for the elimination of trafficking, based on the assessment of the US government, are placed in Tier 1. However, when a country does not meet the minimum standards, but has made significant efforts to meet them, they are placed in Tier 2 or Tier 2 Watch List. Countries assessed as not fully meeting the minimum standards and not making significant efforts to do so are ranked Tier 3.

From 2016 to 2019, the Philippines was the only Southeast Asian country to be classified as Tier 1 by the US Department of State in the four consecutive Global TIP Reports and we continue to maintain Tier 1 status in the succeeding years, until the latest 2023 Global TIP Report. This means the Philippines has maintained Tier 1 status for eight consecutive years.

To be able to maintain the Tier 1 ranking continuously from year to year, governments need to demonstrate appreciable progress in combating trafficking every year. It is not enough to do what was done in the previous year. By remaining in Tier 1, the Philippines continues to outdo its previous performance year after year. This year the Philippines intensified the fight against trafficking by investigating more trafficking crimes, convicting more traffickers, increasing funding to IACAT, sentencing nearly all traffickers to significant prison terms and passing the Expanded Anti-Trafficking in Persons Act or Republic Act No.11862 (RA 11862) and the Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act or Republic Act No. 11930 (RA 11930).

The Philippines is at the forefront of the fight against trafficking in persons. With the passage of these two new laws we are able to provide a stronger response to OSAEC, which is now the leading cybercrime in the Philippines. From 2014-2017, there was a consistent, sharp rise in the number of IP addresses used for child sexual exploitation linked to the Philippines – from 2,326 IP addresses in 2014 to 4,872 in 2017. The Philippines also received more than eight times as many referrals as any other country identified by the global law enforcement case data. This is the reason why we are tagged as the “global hotspot” for OSAEC.

The global COVID-19 pandemic only made things worse as lockdowns have kept sexual predators online, while child victims have no escape from their abusers. The numbers bare this alarming consequence as the Anti-Money Laundering Council reported a 130 percent increase in Suspicious Transaction Reports (STRs) that may involve OSAEC from 2019 to 2020. From 19,013 STRs related to OSAEC in 2019, it doubled to 47,937 in 2020.

The Department of Justice (DOJ)-Office of Cybercrime (OOC) reported a more than three-fold increase in Cyber Tipline Reports from the United States National Center for Missing and Exploited Children from 2019 (426,961) to 2020 (1,297,474). This number was further increased by seven-fold in 2021 (3,084,566).

With the passage of the amendments to the Anti-trafficking Law as well as the Anti- OSAEC and Anti-CSAEM Act, additional obligations were imposed on internet companies to provide information to law enforcement agencies relating to sex trafficking crimes. “Internet intermediaries” are now accountable for knowingly or by gross negligence allowing their internet infrastructure to be used for the purpose of promoting trafficking in persons; and “financial intermediaries,” including banks and credit card companies and money transfer or remittance centers, who knowingly or by gross negligence allow their services, online platform and applications to be used for promoting trafficking, are now penalized. Since its passage, the DOJ-IACAT reported that law enforcement agents have made numerous subpoena and financial transaction requests pursuant to relevant provisions in these laws, and private internet intermediaries were reportedly increasingly responsive and cooperative.

The government’s partnerships have also made our anti-trafficking response the strongest in the region. The government’s partnerships with foreign governments, local and international organizations and with the private sector have proved to be fruitful as the government engaged in anti-trafficking dialogue, cooperated in investigations and shared information with foreign governments that have led to increased investigations and convictions.

The new laws also provide a huge boost towards improving investigation and prosecution. The Expanded Anti-trafficking in Persons Act of 2022 now permits law enforcement officers to track, intercept, view, monitor, conduct surveillance, listen to and record – using any type of electronic or intercepting device; any communications, information or messages of a person charged with, suspected or reasonably believed to have committed violations under the Act; upon a written order from the Regional Trial Court (RTC). However, when the victim is a child and the offense involves the use of computer systems and digital platforms, a written order from the RTC will not be required in order for a law enforcement officer acting in an undercover capacity to intercept communication with a person reasonably believed to have committed, is committing or is about to commit a violation under the Act.

Although the Philippines has been leading the fight against human trafficking in the region, much can still be done to improve. Efforts to investigate and prosecute labor traffickers and complicit officials can be intensified, and local governments can provide more aid in the reintegration of trafficking survivors.

I am certain this can be done as the current administration has a strong resolve to end human trafficking. The government units from different branches are working together and are working with the private sector, international and local organizations and with foreign governments to eliminate all forms of human trafficking and to care for the survivors. Working together, a world without human trafficking is certainly something we can achieve.