DOJ bares loopholes in human trafficking law; urges NGOs to join fight

By Isagani S. Liporada

BAGUIO CITY – Representatives from the Inter-Agency Council Against Trafficking (IACAT) last week admitted the law preventing human trafficking and prosecuting those responsible for the same may need amendments to prosecute who indulge in the illegal trade.

While citing modest accomplishments in apprehending those who aid traffickers, IACAT representatives claimed Republic Act 9228 may need some amendments to enable law enforcers to ‘catch the bigger fish.’

RA 9228 is “An Act instituting policies to eliminate trafficking in persons especially women and children.”

During a press conference co-staged by the Department of Justice and the United Nations Children’s Fund at the Prince Plaza Hotel, March 11, lawyer Ramoncito Ocampo said desistance on the part of the victim tops the list of why human trafficking cases get dismissed.

Ocampo is concurrent assistant city prosecutor of Quezon City and head of the Ninoy Aquino International Airport Task Force Against Human Trafficking.

“While it is true that desistance is prohibited in trafficking cases, victims are mere witnesses in these cases,” he said. “Once affidavits of desistance are issued, nailing traffickers no longer is viable for want of witnesses against them.”

Ocampo was joined in the panel by assistant regional prosecutor Maribel Uminga, prosecutor Glenda Soriano, and former DOJ assistant undersecretary now IACAT consultant Teresita Domingo.

Meanwhile, Ocampo said a study should likewise be made a propos trafficking involving minors.

He added there might be a need to amend the law making falsification of documents punishable under the Act to act as deterrent for minors being swayed to fake travel documents.

Meantime, Domingo revealed section 6 of RA 9228 bars the media from airing any case of trafficking of persons.

“This,” she said, “prevents the IACAT from publishing data regarding those who are accused of trafficking which could have otherwise been used to forewarn the public.”

Ocampo and Domingo however agreed publication of traffickers under the Anti-Illegal Recruitment Law may be used by the Department of Labor and Employment as a means around the confidentiality provision of RA 9228.

The panel meantime called on non-government organizations to pool resources in order to extend shelter, livelihood and moral support to victims of human trafficking.

This, they claimed, might be the only way victims could be convinced to aid the government in reducing if not eradicating the trafficking problem.

Prosecutor Gloria Agunos, citing difficulty in convincing victims to pursue their cases in court, reported there are six trafficking cases filed since 2006.

“Due to witnesses issuing affidavits of desistance however, only two are currently being heard in court,” she added.