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CONSOLIDATED
HOUSE BILL NOS. 6479
AND 6789

entitled
"An Act to Institute the Policies on the Suppression of Trafficking in Filipino Women; and to Establish a Higher Standard of Protection and Rehabilitation of Victims of Trafficking, Sexual Servitude and Exploitation Including Commercialized Transnational Marriages, and Migration for Entertainment Providing Stiffer Penalties for its Violations and for Other Purposes"

=========================

          "Women's rights are human rights." This provision is embodied in Section 14 of the Beijing Declaration which was adopted by the governments which participated in the United Nations Fourth World Conference on Women in Beijing, China last September 4-5, 1995.

          The consolidated HB Nos. 6479 and 6789 is a positive step of the Philippine government in its commitment to implement the Beijing Declaration and Platform for Action by taking priority action for the advancement of women concerning the protection of human rights; and by preventing and elimination of all forms of violence against women.

The CHR recommends the following amendment:

          Section 8 - Programs to Address Trafficking of Women

x x x

          k) Commission on Human Rights

1.  Shall conduct advocacy and training programs relating to women's rights

2.  Shall investigate and monitor cases involving women victims of human rights violations;

3.  Shall grant financial assistance to victims of human rights violations in accordance with CHR Resolution No. A89-125; and

4.  Shall implement the CHR Philippine Human Rights Plan on Women Sector.

          The legislative measure is consistent with the provision of the Philippine Constitution and other international instruments wherein the Philippines is a signatory. The bill guarantees the protection and enforcement of women's rights.

          We, therefore, urge the approval of the Bill.


CONSOLIDATED
HOUSE BILL NOS. 6479
AND 6789

entitled
"An Act to Institute the Policies on the Suppression of Trafficking in Filipino Women; and Establish a Higher Standard of Protection and Rehabilitation of Victims of Trafficking, Sexual Servitude and Exploitation Including Commercialized Transnational Marriages, Migration for Entertainment Providing Stiffer Penalties for its Violation and for Other Purposes"

=========================

          The main aim of this consolidated bill is to suppress and penalize trafficking of Filipino women who became victims of sexual exploitation, through transnational marriages, migration and pre-arranged marriages by matching and/or mail order basis. The explanatory note of Congresswoman Leonor I. Luciano in House Bill No. 6789 sufficiently justifies the enactment of said consolidated bill. Indeed, the trafficking of women who became victims of sexual exploitation and/or servitude is a serious problem especially in Third World countries. The problem is becoming more serious as it is has become globalized in nature perpetrated by organized syndicates in a commercial scale.

          The problem is similar to the commercial sexual exploitation of children. In the recently convened World Congress Against Sexual Exploitation of Children held in Stockholm , Sweden in 1996, it was found that the Children and Women in Third World countries are the most adversely affected victims and the perpetrators are usually aliens.

          The main concern of the Commission on Human Rights is as to whether in this proposed remedial legislation by the Honorable House Committee on Women violates any human right.

          There is hardly any doubt that trafficking of women for prostitution or servitude is one of the worst types of human rights. It affects not only the dignity of women but also destroys the sanctity of marriage and the family. It is for this purpose that several human rights conventions on prostitution, protection of women and on marriage, have been adopted.

          One of the principal mandates of the Commission on Human Rights is to monitor and call the attention of the Philippine Government's Compliance with International Treaty Obligations and the pertinent provisions in our Constitution and special statutes. The Philippines is a party to the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage, Convention on the Rights of Migrant Workers and Members of their Families, Convention on the Nationality of Married Women, Convention on the Elimination of All forms of Discrimination Against Women and some provisions on the International Covenant on Civil and Political Rights.

          There are also several provisions in the Philippine Constitutions such as Art. II, par. 11 "which guarantees full respect for human rights," Section 12 on the protection of the family, section 14 on the role of women, Art. XIII section 1 on the rights of all people to human dignity, reduction of social and economic inequality, section 3 on protection to labor, section 1 on protection of working women, section 18 on protection and promotion on human rights, Art. XV on the marriage as an inviolable institution.

          In enacting this remedial legislation, are there human rights, civil and political rights and economic, social and cultural rights violated? If so, it is our obligation to call the attention of this Committee.

1.  On the provision prohibiting matching Filipino women for marriage to foreign nationals on a mail order basis, there is already an existing law on the matter. Republic Act No.6955 covers these types of marriages. This bill seeks to improve on said law.

2.  On the objection to Section 4(a), perhaps the provision can be reworded in such a way that the lessor knows right at the start of the lease that the said dwelling is to be used for prostitution. The lease at the beginning perhaps might be for legitimate purposes but later, if the lessor learns that the place is used for prostitution by the lessee and permits or tolerates it, then he becomes criminally liable thereof.

3.  On Section 4(d), we are of the opinion that the freedom of marriage might be restricted. How could we determine that the foreign national would act as a procurer of sex? Well settled is the rule that no one can be punished for a mere thought. Only external acts are punished, internal acts are beyond the sphere of penal laws.

4. On Section 4(e), while the matchmaking of spouse is not per se objectionable safeguards should be provided if the purpose of the matching of husbands might result in sexual exploitation or some other ulterior motives.

5. On Section 5(e), the two (2) years college requirement is arbitrary as it discriminates the poor and the underprivileged. The age requirement should be lowered to 18 years in accordance with RA 6809. If a youth is allowed to vote at 18, an exercise which affects directly or indirectly the affairs of the State, it is ironic, that she is disqualified to determine her own personal affairs until she becomes 21 years.

6. On Section 8(k), on the grant of financial assistance should be reworded in view of the amendments of the CHR Financial Assistance Program, CHR Resolution A89-125 as stated above should be changed to CHR Resolution 96-060.

7. The paper of the Holy Spirit Association for unification of World Christianity Philippines, Inc. alleges that it is being singled out in this proposed legislation and also invokes freedom of religion. We agree that in marriage, freedom of religion is guaranteed, but there are regulatory laws to prevent its abuse. There was that incident of mass wedding held under auspices of the "Moonies." Filipino women were paired with foreign nationals who hardly knew to them. The validity of said mass wedding ceremonies was put question. Were the religious ministers duly authorized to solemnize marriages under the Philippine law? Were marriage licenses secured by the couples? Under the Marriage Law in the Philippines , a foreign national must secure a certification from the consulate of his country as to his capacity to enter into a marriage. The application for marriage license must comply with the due publication thereof. Lastly, under the Convention on Consent to marriage, Minimum Age for Marriage and Registration for Marriage, all Marriages shall be registered in an appropriate official register by the competent authority.

8. We suggest that a provision similar to Section 5 of Republic Act No. 6955 should be included in this bill which states "Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of association for purposes not contrary to law as guaranteed by the Constitution." It should also add "freedom of religion and any human rights," to obviate objection to the bill on said grounds.

9.  There might be a problem of prosecuting offenders who are residing abroad. Under Section 4(e) the persons referred to may be residing abroad. Since we follow the territoriality principle, we cannot prosecute them. If the offender committed the crime within Philippine territory and escapes to another country we can extradite him if he goes to a country which has an extradition treaty with the Philippines .

10.  The proposed bill establishes an Inter-Agency Council Against trafficking composed of public officials headed by the Secretary of Foreign Affairs and three representatives from non-government organizations.

          This is a good provision as it is a safeguard for the compliance of due process. This council is mandated among others to recommend the filing of criminal cases against the offenders of this law. Thus, it gives an opportunity for individuals to defend themselves before the case is filed in court.

          Pasig City , 17 February 1997