Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

noise pine, D708

Introduced by Honorable Sherwin T. Gatchalian .

Explanatory Note

According to the 2014 Trafficking in Persons Report released by the U.S.
Department of State the Philippines remains to be a Tier 2 country, meaning
that our government has yet to meet the minimum standards for the
elimination of trafficking. In 2014, the Department of Social Welfare and
Development reported assisting 1,824 human trafficking victims nationwide.
‘This official statistic is most likely a mere fraction of the actual number which
includes unreported cases. These crimes often go unreported because victims
lack information on human trafficking, and the fami of victims accept the
situation as normal

Human trafficking in all of its forms, including forced labor and sexual
exploitation, is a crime fundamentally repugnant to the values of the State and
the basic dignity and rights of the Filipino. The lack of understanding and
awareness of human trafficking continues to facilitate a culture of impunity for
the perpetrators, and a burden of injustice for the victims. The State must
assume a larger role in stopping trafficking at its source - by educating
potential victims about the dangers of trafficking and instructing them on how
to seek protection from the government.

Our children are some of the most vulnerable victims of trafficking.
Domestically, there are 2.2 million child labourers between the ages of 15-17,
many of whom are engaged in hazardous unskilled working environments.
Some children work in virtual slavery in the informal employment sector as
domestic helpers. Others are exploited for prostitution and pornography, while
children in war-torn areas with communist and Moro separatist movements are
easy targets for forced conscription into the armed movements.


In order to empower the youth against the scourge of human trafficking,
this legislation seeks to create a comprehensive Human Trafficking Preventive
Education Program. The Program will arm members of the youth sector from all
walks of life with the information they need to protect themselves from
becoming victims of trafficking. In addition, the Program will institute
grassroots reporting mechanisms to empower community members to take a
stand against human trafficking with decisive action against the heinous
criminals who seek to degrade our most fundamental human rights.

Support for the passage and approval of this legislation is earnestly
sought.

epresentative
istrict, Valenzuela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES 2
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

House Bill No.__ 9709

ee
Introduced by Honorable Sherwin T. Gatchalian

AN ACT
ESTABLISHING A HUMAN TRAFFICKING PREVENTIVE EDUCATION
PROGRAM FOR THE YOUTH AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Human
Trafficking Preventive Education Program Act’.

SEC. 2. Declaration of Policy. - It is hereby declared a policy of the
State to protect the youth from human trafficking and other crimes
fundamentally detrimental to their development and wellbeing. The State shall
enhance the knowledge of the youth of their basic rights and promote their
vigilance against human traffickers by providing preventive education to teach
them about the dangers of human trafficking in its various forms.

SEC. 3. Preventive Education Program. ~ The Inter-Agency Council
Against Trafficking (Council) shall facilitate the establishment of a Human
‘Trafficking Preventive Education Program. The Program shall accomplish the
following objectives:

(a) Educate the youth about fundamental rights concerning labor and
employment, liberty, human security, as well as other essential rights;

(b) Orient the youth about the dangers of international and domestic
human trafficking in its various forms including but not limited to
illegal recruitment, unfair labor practices, involuntary servitude,
sexual exploitation and prostitution, and child labor;


(c) Provide the youth with information on services provided by
government agencies and non-governmental organizations to aid and
protect victims of human trafficking, and;

(d) Identify members of the youth who have been, or are currently victims
of human trafficking and refer them to the proper agency or
organization for protection and rehabilitation. .

The Program shall have a school-based component and a community-
based component.

SEC. 4. School-Based Program. ~ The Council, in cooperation with the
Department of Education, the Commission on Higher Education, and the
Technical Education, and Skills Development Authority, shall implement a
School-Based Program to accomplish the objectives stated in Section 3 of this
Act. The School-Based Program shall cover all students enrolled in junior high
schools, senior high schools, colleges and universities, and technical or
vocational education programs.

The school principal, college or university president, or technical school
head shall be responsible for the following:

(a) Facilitate the effective and efficient implementation of the Program in his
or her educational institution;

(b) Assign guidance counsellors or equivalent support staff to identify and
protect human trafficking victims and at-risk students, and;

(c) Establish a safe and proactive human trafficking reporting mechanism
which allows members of the school community to report suspected or
confirmed cases of human trafficking within the school.

SEC. 5. Community-Based Program. - The Council, in cooperation with
the Council for the Welfare of Children (CWC), shall implement a Community-
Based Program to accomplish the objectives stated in Section 3 of this Act. The
Community-Based Program shall cover all out-of-school youth in the
Philippines, and it shall be implemented at the barangay level.

The Chairman of the various Barangay Councils for the Protection of
Children (BCPC) of the CWC shall be responsible for the following:

(a) Facilitate the effective and efficient implementation of the Program in
their respective barangays;


(b) Assign guidance counsellors, social workers, or equivalent staff to
identify and protect human trafficking victims and at-risk out-of-school
youth, and;

(c) Establish a safe and proactive human trafficking reporting mechanism
which allows barangay residents to report suspected cases of human
trafficking within the community.

SEC. 6. Youth in Conflict-Afflicted Areas. - The Council shall prioritize
the implementation of the Program in conflict-afflicted areas, with special
emphasis on human trafficking practices commonly perpetrated in conflict-
afflicted areas. “

SEC. 7. Accountability Measures. - The head of the educational
institution and the Chairman of the BCPC, as the case may be, shall submit to
the Council a bi-annual progress report on the implementation and outcomes
of the Program in their respective jurisdictions.

Failure to ensure faithful implementation of the Program consistent with
the provisions of this Act shall result in administrative sanctions for the
Institution Head or Chairman, as the case may be, subject to due process and
the provisions of applicable laws, rules, and regulations.

SEC. 8. Appropriations, - The amount of One Hundred Million Pesos
(P100,000,000.00) is hereby initially appropriated to implement the provisions
of this Act. Thereafter, such amount necessary to effectively carry out the
provisions of this Act shall be included in the annual General Appropriations
Act.

SEC. 9. Civil Society Participation. ~ The Council shall endeavour to
utilize non-governmental organizations (NGOs), community stakeholders, and
other civil society actors with knowledge and experience on human trafficking
prevention and suppression in the formulation, implementation, and
monitoring of the Program.

SEC. 10. Implementing Rules and Regulations. - Within (60) days
from the effectivity’ of this Act, the Council, in coordination with the
government agencies and entities mentioned in the provisions of this Act, shall
promulgate the implementing rules and regulations as may be necessary to
ensure the efficient and effective implementation of this Act.


SEC, 11. Separability Clause. - Should any part of this Act be declared
unconstitutional, the rest of the provisions of this Act shall continue to be in
effect and subsisting. r

SEC. 12. Repealing Clause. - The provisions of other laws, decrees,
executive orders, rules and regulations inconsistent with this Act are hereby
repealed, amended, or modified accordingly.

SEC. 13. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in at least two (2) national
newspapers in general circulation.