Thank you for this opportunity to share our insights as a non-government organization on government’s efforts to fight human trafficking.

The Blas F. Ople Policy Center is currently monitoring and assisting trafficked victims in 16 pending cases at various stages of investigation and trial.

With the help and guidance of Atty. Reynaldo Robles of ChanRobles & Associates, who incidentally is also the chief of staff of Senator Trillanes, and in partnership with the DOJ, we were able to assist and support two trafficked survivors in filing cases against a notorious human trafficker in Malaysia, his recruiter here in the Philippines, and some immigration agents involved in the escort of the victims.

But just to show you, Madame Chair, how difficult that journey is – here is a timeline put together by the Center:

• The NBI investigation took 4 months
• The DOJ investigation took 6 months
• A case filed against the recruiter has been ongoing at the Batangas RTC for 12 months
• The administrative case filed VS immigration agents has been going on for 21 months already.

Regarding the much publicized case of the 137 bus drivers sent to Dubai, the DoJ investigation into the illegal recruitment aspect took 16 months; the NBI investigation into the human trafficking aspect took 6 months; Our class suit for damages and nullification of loans has been on-going for 15 months already.

Meanwhile, the toll on the victims – emotionally, physically and financially, is extremely heavy.

Even if they want to, they are unable to look for jobs because of extreme poverty. Many of these victims don’t even have the pocket money to pay for transport fare and food every time they are summoned to attend a hearing. In the case of the bus drivers, one of them slept under a bridge here in Manila because he couldn’t afford to go home.

The emotional and physical burdens are just as heavy – for the trafficked survivors who were molested and forced into prostitution, they are forced to put on a brave face, keeping secrets from even their spouses, on the kind of work they had to endure while abroad.

Based on our experience, Madam Chair, we therefore recommend the following:

1. For the DFA to use its legal assistance fund in filing forced labor and or trafficking cases against foreign employers and agents who connived with each other in profiting from the vulnerability of our workers;
2. For the DSWD, DoLE and DoJ to work on a justice and reintegration program specifically tailored for victims of human trafficking, including children, so that NGOs like us can have better chances of convincing these victims to pursue cases against their recruiters;
3. For the Senate and House of Representatives to fast-track legislation that would lead to:

1. An amendment to Section 7 of the Anti-Trafficking Act of 2003 that would delete the right of the accused to privacy; Madame Chair, why bestow the right to privacy to an accused who in turn uses this privilege by recruiting more victims? This so-called right also diminishes our own right to inform or warn the public whenever a human trafficker with pending warrants of arrests is operating in a particular province.

1. b. A review of fees being charged against an overseas job applicant as well as lending and recruitment practices that makes human trafficking profitable. In the case of the 137 bus drivers, Madame Chair, they were asked to sign 39 checks and various documents in one day by the lending company. When they came home penniless and traumatized because the job offer was bogus, the lending company and the bank even took them to court. When we inquired from the POEA and BSP about this, they said that none of them have any jurisdiction over lending companies that cater to the OFW market. Yet, in many cases our OFWs are forced to endure inhumane work conditions to pay off such debts. Doon po sa bagong batas, may provision doon about lending companies pero hindi pa rin po malinaw kung sino o aling ahensya ang dapat magbantay sa mga balasubas at ganid na lending companies.

1. We also wish to appeal to the committee to review Republic Act 10022 that lapsed into law last January. Specifically, I am very concerned that its provisions mandating the DFA and our foreign posts to certify whether a labor-receiving country is compliant with labor laws and international conventions could lead to an erosion of goodwill on the part of our foreign service – goodwill that is badly needed if we are to help our trafficked victims.

Kung mapapahiya po ang ating mga ambassadors at labor attaches dahil sa kagustuhan na ipatupad ang batas na ito, sino pa po ang puwedeng lapitan ng ating OFWs? Kung ang ILO po ay hindi maggawa ang ganitong uri ng certification process, paano pa kaya ang DFA?

1. We also want a clear target set on when and how we can gradually withdraw from the household service workers’ market especially in the Middle East. Unless we set a definite timeline, the exodus of mothers and daughters will continue, by default – because there is no specific program aimed at reducing their numbers. I hope that TESDA can come up with a nationwide skills training program specifically for women, to remove them from the category of workers most likely to apply as domestic helpers abroad.

In closing, the NGOs who are here are just a tiny fraction of a vortex of groups and individuals advocating for stronger protective mechanisms for our OFWs including those trafficked to different countries.

Foreign grants are difficult to get by, and they are often tailor-made for specific purposes. We call on the different government agencies to provide the NGO sector with technical assistance and yes, financial support, so that we can sustain our programs and services at the micro, grassroots level.

Thank you.

Vice-President Jejomar Binay couldn’t make it but he sent his chief political officer, Erwin Maceda, to deliver his message. The vice-president expressed his full support to the anti-trafficking campaign and promised to do what he can to help us in this fight. We were also pleased to see Rep. Manny Pacquiao enter the room without much fanfare. He brought a big boost of energy to the room, and drew chuckles when he spoke and said that he, too, was an OFW. It was heartwarming to hear him say that he is willing to help raise public awareness about the problem. “Sasamahan ko kayo,” he said, while promising to work for additional funds for the work of the Inter-Agency Council Against Trafficking.

The Pacman was followed by Senator Bongbong Marcos who spoke about the need for a practical approach to the challenge raised by the US State Department to the Philippines on the need to improve our standing in the fight against trafficking. Based on the 2010 Trafficking in Persons Report of the US government, the Philippines is once again in the Tier 2 Watch List. Unless significant efforts are made, we are in danger of falling to Tier 3 which could mean a potential loss of some $250 million in non-humanitarian aid from the US. Senator Marcos said that what is important is for the government to have a clear to-do list of what needs to be done and which agency or institution should be tasked to do it. Senator Pia Cayetano virtually said the same thing, saying that she will fight for additional funds but the agencies concerned must have a clear-cut program on how best to use these funds to fight trafficking.

Much earlier, DFA Undersecretary Esteban Conejos vigorously defended the Philippine record and accused the US State Department of not being fair in their findings. He said that cases on forced labor fall under the category of illegal recruitment, but that these cases were not counted or considered by the US State Department. Nor were partnerships with the NGOs included in the performance rating. The undersecretary also said that the Inter-Agency Council Against Trafficking did not need any budget because each agency could draw on its own funds. His reaction came after two successive presentations about the US Trafficking in Persons Report and policy gaps that need to be addressed for a more effective campaign versus trafficking.

During the open forum, former Secretary Imelda Nicolas said she disagreed with the statements of Undersecretary Conejos. She said that there was a need for a budget for IACAT precisely because it was meant to coordinate all efforts against trafficking. There were other important statements made by Senator Aquilino Pimentel (need to prosecute illegal recruiters) and Senator Santanina Rasul (she was alerted to this problem way back in the late ’80s as chair of the Senate committee on women but at that time, the victims were reluctant to speak). Congresswoman Beng Climaco also spoke about the need to take the anti-trafficking campaign more seriously.

The Bureau of Immigration chief Marcelo Libanan presented his agency’s side with a powerpoint presentation. He outlined the flaws in the present immigration law. He also said that the BI has zero budget for anti-trafficking measures.

Much was discussed and everyone left the dialogue feeling hopeful. There were many speakers who contributed their share of ideas from the executive, law enforcement, legislative, and civil society sectors. It was a long day but a productive one mainly because we all left G Hotel convinced that the real dialogue had truly just started.

Dearest Amang,

Not a day passes that I don’t think of you.

When I open the morning paper, I’d skim over news items and think, “How would you have reacted to this and that issue?” You see it’s not just you as my father that I miss, but you as a national leader as well.

But today, on Father’s Day, I miss having you as my father to talk and listen to. Every time I entered a room to consult you about something, I’d leave more enlightened and assured of what needs to be done.

Despite your busy schedule, I never ever heard you snap at your children: “Not now. I’m too busy!” Your patience was simply remarkable. Even today, I would always hear your former associates and staff say, “Si Ka Blas, kahit kailan di ko nakitang nagalit.” (“I never saw Ka Blas get mad.”) In the dog-eat-dog world of politics, you were never the one to harbor personal hatred.

When I was a little girl, you would entertain guests over coffee in our living room at the old house in Project 6. Most of the time, your guests were labor leaders, whose spouses also became close to Mommy. They would have breakfast with you at our round table, while a long line of people waited outside, each with a favor to ask.

I remember going up to you and handing over a puzzle of metal rings that I couldn’t piece together. It was a cheap brain-test puzzle to test one’s IQ. You accepted the metal pieces and without a beat, sorted it together while conversing with your friends. The instructions that came with the puzzle said that anyone who could piece it within minutes qualifies as a genius. You did it without even reading the instructions. That incident, more than anything I heard people say about you during my childhood – that incident with the puzzle assured me that you were indeed an extraordinary man.

I also remember when you took me on a helicopter ride to Davao. I think I was just 9 years old. You would point to mountains and say something that got drowned out by the noise. I didn’t care. I was looking out my window. I was flying high. And you were on the front seat, just as excited as I was.

Fast-forward to Harvard. 1999. It was my graduation. Despite your frail physical condition, you and Mommy stayed until the end of the ceremony, despite the sun and summer heat. After obtaining my master’s degree from Kennedy School, I was poised to flap my wings, and search the horizon for a new nest to roost. You zapped that idea outright. “I give you two weeks then you need to come home.” Gone was my plan to try out for internships at the World Bank or at the Foreign Affairs Digest. It meant putting my dream of writing a novel and having it published in America on hold.

I went home, was all the better for it, especially since my education continued but this time as one of your trusted assistants. Together with Mila, your longtime secretary, we sought to make life easier for you – sorting out your schedules, looking after technical details and reports, drafting press statements and minor speeches, making sure all kinds of obligations (to constituents, Bulacan leaders, and of course, the family) were met.

When you accepted the President’s offer to serve as Secretary of Foreign Affairs, I knew it was in fulfillment of a long-time dream. Some people scoffed that you were too old for the job. Yet, you showed up at the Department of Foreign Affairs, walking slowly but every purposive step prompted by the zeal to make a difference.

I remember how thoughtful your questions were, when the senior staff went over to brief you about a forthcoming diplomatic engagement. You were respectful towards the staff, was accommodating when their answers left much to be desired, and yet quite specific as to what you wanted them to do. You weren’t just their boss, you were also their teacher.

I miss that too. The clarity that comes when you think things through, and consult matters with trusted and just as equally competent friends – it is that kind of clarity that makes your writings illuminating, relevant, and memorable even to this very day. It is a gift that eludes many. Because clarity is all about making tough choices, omitting noise so that the melody of a fine idea is heard. You were never petty or nonchalant about making such choices. Statesmanship was a natural attribute because you had no other agenda but to serve your country.

In the end, when you were gasping for breath inside the plane bound for Bahrain, I wasn’t there to hold your hand, to keep you steady, to help you slip through life perhaps in a more comfortable and dignified fashion. And so, I write to you now on Father’s Day, to say thank you. You have been a wonderful father and an excellent mentor, not just to me, but also to hundreds and thousands more whom you met in your lifetime.

I love you, Amang. Happy Father’s Day!

Ople Center seeks end to trafficking of Filipino women to Malaysia

The Blas F. Ople Policy Center, a non-government organization engaged in the fight against human trafficking and illegal recruitment, urged the Philippine government to take serious steps in addressing the illegal recruitment and trafficking of Filipino women to Malaysia where they are made to work as modern-day slaves.

The Center issued the call in response to the repatriation of a new batch of illegal recruitment and trafficking victims that arrived in Pampanga last Monday. The victims included nine women who were recruited by a notorious syndicate led by a Singaporean trafficker based in Malaysia who uses the alias, “Alfred Lim.”

“The victims have done their share. Assisted by our Center and the Department of Justice with the support of the Philippine Embassy, they bravely filed charges against their illegal recruiters here and in Malaysia. They have extended full cooperation and have in fact even filed complaints against immigration agents who escorted them out of DMIA. The ball is now in the government’s court,” former labor undersecretary Susan Ople, who heads the Center, explained.

She urged the Department of Foreign Affairs to elevate cases of human trafficking for discussion during the next round of the RP-Malaysia joint bilateral consultations. She also urged the Philippine Embassy particularly its Police and Immigration Attache to be more aggressive in pursuing the case against Lim. “Nakalaya na pala si Lim pero ni hindi kami nasabihan. Nalaman lang namin ito mula sa kanyang mga nabiktima,” Ople said. (“We were not informed that Lim had already been freed on bail. We only found about it when we met some of the repatriated victims.”)

Ople also railed against a provision in the Anti-Trafficking Act of 2003 that provides for the right of privacy of the accused on equal footing with that of the victims. “This confidentiality clause prevents us and even the government from warning more women about Lim and his cohorts despite outstanding warrants for their arrest.” RA 9208 states (underscoring supplied):

EC.7 Confidentiality – At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial.

The name and personal circumstances of the trafficked person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public.

The NGO expressed dismay that Lim’s syndicate continues to recruit and deploy women workers to exploitative jobs in Malaysia with some of the victims ending up as prostitutes. Ople surmised that the said trafficker has already victimized more than a hundred Filipino women workers.

“He uses scouts, mostly women, in an elaborate scheme to recruit jobless Filipino women who are promised good jobs, quick deployment, and the freedom to switch employers if they are unhappy. But once the victims arrive in Malaysia, the syndicate confiscates their mobile phones and passports, and chooses their employers. The workers who returned to Lim by dissatisfied employers are maltreated and abused. No matter how hard they work, the victims don’t get salaries because the employers would say that they have already paid a full amount to Lim.”

“We urge the government to take this case seriously and to show to the world our fervent commitment to end human trafficking and modern-day slavery.”