TRANSNATIONAL CRIMES

Marin, Joanna Mariz B. Villanueva, Clementine SM Molina, Ron Tabuena, Chester

OBJECTIVES
The objective of this study is to identify the most prevalent transnational crimes and its effects in Southeast Asia and the Philippines. Specifically, this study shall focus on the following crimes:

Human Trafficking Drug Trafficking Cybercrime

This study shall also look as to how these nations are becoming host to these transnational crimes.

SCOPE AND LIMITATIONS

How does transnational crimes affect the Philippines specially its people as one of the biggest resources that is being exported to the rest of the world to build other nations? A short review on how several local policies and international agreements materialize their desired objectives and how these policies and laws are being crafted to become more relevant in addressing the challenges of transnational crimes.

What is transnational crime?

Transnational Crimes is defined according to the United Nations Office of Drugs and Crime (UNODC) as crimes which covers not only offences committed in more than one State, but also those that take place in one State but are planned or controlled in another. Also included are crimes in one State committed by groups that operate in more than one State, and crimes committed in one State that has substantial effects in another State.

The National Security Council defined it as those self-perpetuating associations of individuals who operate transnationally for the purpose of obtaining power, influence, monetary and/or commercial gains, wholly or in part by illegal means, while protecting their activities through a pattern of corruption and/ or violence, or while protecting their illegal activities through a transnational organizational structure and the exploitation of transnational commerce or communication mechanisms

In addition, the Philippine Center on Transnational Crime defines Transnational Crime as certain criminal phenomena transcending international borders, transgressing the laws of several states, or having an impact on another country. It covers offenses whose inception, prevention and/or direct or indirect effects involve more than one country. It is an offense that has an international dimension and involves crossing of at least one border before, during or after the fact.

Transnational crime has broad applicability and nature.

Offenses falling under Transnational Crime: Terrorism Illegal Drug Trafficking Human Trafficking Arms Smuggling Money Laundering Sea Piracy Cybercrime Economic Crime Environmental Crime Intellectual Property Theft Smuggling of Cultural Property

How do we address the issue of Transnational Crime?

In 1997, the member states of the Association of South East Asian Nations (ASEAN) signed the 1997 ASEAN Declaration on Transnational Crime. This declaration recognized the pernicious effects of transnational crime, such as terrorism, illicit drug trafficking, arms smuggling, money laundering, traffic in persons and piracy on regional stability and development, the maintenance of the rule of law and the welfare of the region's peoples. Furthermore, it also aims to suppress the crime and develop set of actions to be able to meet the desired effect.

How do we address the issue of Transnational Crime?

Office of the Special Envoy on Transnational Crimes (OSETC)

Philippine Center on Transnational Crime (PCTC).

Philippine Center on Transnational Crime (PCTC)

It houses INTERPOL Manila It is the national law enforcement agency which carries investigations beyond the borders of the Philippines. The PCTC coordinates all transnational crime operations carried out by other government agencies of the Philippines. It designs new projects to strengthen the countrys combined response and ensures the efficient exchange of information. The PCTC recommends ways to better prevent transnational crime and to detect and apprehend criminals operating across borders. The PCTC is assisted by the Philippines twenty two (22) national law enforcement agencies.

Office of the Special Envoy on Transnational Crimes (OSETC)

OSETC was established pursuant to Executive Order 265 It will serve as an oversight body to provide the critical link between and among local, national, regional and international agencies and organizations in forging agreements, concretizing cooperation and harmonizing action. Furthermore, the SETC is likewise mandated to set policy directions and program design standards and advise the President on all matters regarding transnational crime. Likewise, he shall represent the Philippine government in regional and international fora on transnational crime and serve as a focal point for coordinating, integrating and evaluating the efforts of law enforcement and other government agencies involved in the campaign against transnational crime

Trafficking in persons refers to the recruitment, transportation, transfer or harboring, or receipts of persons with or without the victims consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or the giving or receiving of payments or benefits to achieve the consent of the person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as trafficking in persons even if it does not involve any of the means set forth in the preceding paragraph.

Trafficking in persons by its nature is not only limited in sexual trafficking but could also partake of forced labor without just compensation even to the extent or working as slaves in armed conflicted areas.

Data and Statistics

In a report published by the United Nations in 2012, it recorded that transnational organized crime generated an estimated $870 Billion or equal to 1.5 percent of global Gross Domestic Product (GDP).

Although figures vary, an estimate from the International Labour Organization (ILO) in 2005 indicated that about 2.4 million people are victims of trafficking at any given time, and that profits from trafficking are about $32 billion per year.

UNODC Global Report on Trafficking in Persons in 2012

Figure 1. GENDER AND AGE PROFILE OF VICTIMS DETECTED GLOBALLY

UNODC Global Report on Trafficking in Persons in 2012

Figure 2. CONVICTION RATE BY GENDER AND BY REGION

UNODC Global Report on Trafficking in Persons in 2012

Figure 3. FORMS OF EXPLOITATION, NUMBER OF DETECTED VICTIMS PER REGION

UNODC Global Report on Trafficking in Persons in 2012

Figure 4. DISTRIBUTION OF FORMS OF EXPLOITATION IN SOUTH AND EAST ASIA

Philippine Setting
According to the International Labor Organization, one million Filipino men leave the Philippines each year and currently there are around 10 million Overseas Filipino Workers living and working abroad. Many of them are subjected to forced labor or involuntary servitude in factories, vessels, some even experience rape and violent physical and sexual abuse.

Women in general are exploited in the commercial sex industry. They (migrant workers) are often subject of violence, threats, inhumane living conditions, nonpayment of salaries, and withholding of travel and identity documents.

SEX FOR FLIGHT

TRAFFICKED ENTERTAINERS and MAIL ORDER BRIDE in Korea.

In the Philippines, men are usually subjected to forced labor and debt bondage in the agricultural, fishing and maritime industries while women and children are trafficked within the country as domestic workers, small-scale factory workers, forced begging, and commercial sex industry.

Filipino boxers who was brought in Australia on sporting visas, forcing them into a debtbondage situation and exploiting them as unpaid houseboys.

According to UNICEF, it is estimated that there are two million children who are victims of sex trade each year. In addition, the US Department of State Trafficking in Persons Report in 2013 provided that, child tourism remained a serious problem in the Philippines. In this case, Filipino children are coerced to perform sex acts for internet broadcast to paying foreign viewers. Currently, theres a rising trend of boys becoming victims of sexual exploitation.
On December 2013, a UK court sentenced a 67-year-old pedophile to 14-year imprisonment for directing filmed rapes of young children live on the Internet. Michael Eller, a grandfather, set up a Skype link from his Hertfordshire home to instruct adults in the Philippines to rape and abuse young girls.

In a data map provided by the Child Exploitation and Online Protection of the United Kingdom also showed on Google maps where child pornography in the Philippines was transmitted in 2012.The report stated that most child pornographic materials, including photos, recorded videos and live-streamed videos, were transmitted from Metro Manila, Angeles City in Pampanga, Cebu and Cagayan de Oro.

This is Sweetie. She was created to guise as a minor who is willing to chat or do webcam sex which usually involves men from Western countries paying children from impoverished countries, such as the Philippines, for sex shows.

Human Trafficking after Yolanda

Prosecution of Offenses
In 2012, 227 cases were filed with the Department of Justice however it is still unknown how many of these cases were prosecuted. In 2012, 24 convictions, three convictions for labor trafficking In 2011, 29 convictions were made, two convictions were for labor trafficking.

How is it done?
In the Philippines, traffickers, in partnership with organized crime syndicates and complicit law enforcement officers, regularly operate through fraudulent recruitment agencies and practices to traffic migrants. In 2010, there were reports that illicit recruiters increased their use of student, intern, and exchange program visas to circumvent the Philippines government and receiving countries regulatory frameworks for foreign workers.

Currently, illegal recruiters use social networks and emails to fraudulently recruit Filipinos for overseas work.

 Poverty v. Population Growth Unemployment Corruption An estimated 900,000 undocumented Filipinos, mostly based in Mindanao, whose lack of official documentation contributes to the populations vulnerability to trafficking. CHILDREN IN ARMED CONFLICTS

Emerging Problems
Actual Problems
Based on its nature, transnational crimes are multifaceted hence the issues of a unilateral or multidisciplinary approach on these crimes may vary. Implementation of laws
Investigating, Prosecuting and Punishing these crimes are deemed complex. Determining the proper forum

Potential Problems
Emergence of new forms of transnational crimes, their legal basis, and approach.

Parties Involved
United Nations Partner States Executive and Legislative Branches of the Government Law Enforcement Agencies Non-Government Organizations

Emerging Opportunities
Increase coordination and partnership with states and organizations involved in suppressing transnational crimes. Study potential developments and address efficiently the issues and concerns regarding the development of new forms of transnational crimes. Effectively execute the programmes of action concerning the implementation of laws and means in fighting transnational crimes. Educate the law enforcement and those in the grassroots regarding the threats of transnational crimes.

Undertake prevention measures and awareness campaigns especially those who may be prone to transnational crimes.

INTERNATIONAL LEGAL ISSUES INVOLVED LEGAL PRINCIPLES, CONVENTIONS, AND TREATIES

United Nations Convention against Transnational Organized Crime HUMAN TRAFFICKING
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime 1997 ASEAN Declaration on Transnational Crime Republic Act No. 10364 Expanded Anti-Trafficking in Persons Act of 2012