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US picks Zambo lawyer as anti-trafficking 'hero'


The United States on Tuesday picked a Zamboanga-based lawyer for its list of 10 anti-trafficking heroes for 2011, saying she has secured for Zamboanga City more trafficking-related convictions than in any other Philippine city. In its 2011 Trafficking in Persons (TIP) Report, the US State Department recognized Zamboanga City assistant city state prosecutor Darlene Pajarito as among its TIP Report Heroes — 10 individuals from around the world “who have devoted their lives to the fight against human trafficking." The US State Department described Pajarito, whose work has led to the conviction of five human traffickers, as one of the staunchest advocates in the Philippines. It was also Pajarito who secured for the Philippines its first sex trafficking conviction in 2005 and its first labor trafficking conviction in 2011, the US State Department said. “Ms. Pajarito has accomplished all this while juggling an average caseload of more than 300 other criminal cases in a country where criminal trials last an average of six years in the overburdened and backlogged judiciary," the agency noted. GMA News Online is still trying to reach Pajarito, who is in the United States to receive her recognition, as of posting time. In its annual TIP report, the US State Department removed the Philippines from its Tier 2 trafficking watch list – the second to the lowest ranking – and upgraded the country to Tier 2. In March, US Ambassador to the Philippines Harry Thomas said that if the country fails to secure a ratings upgrade, “that will be the end of [US] humanitarian assistance." An outstanding attitude Pajarito’s attitude toward work stands out as compared with other anti-trafficking lawyers, said Cecilia Oebanda, president of the anti-human trafficking watchdog Visayan Forum (VF), in a telephone interview with GMA News Online. Pajarito has worked closely with groups like VF in the fight against human trafficking. “Hindi niya bibitawan ang kaso lalo na kung alam niya na meron siyang sufficient evidence para i-prosecute ang kaso," said Oebanda, whom the US also hailed as a TIP Report Hero in 2008. “Ang ibang prosecutor, ‘pag alas singko o alas sais na, nagmamadali na," she added. Illustrating the lawyer’s dedication, Oebanda recounted an incident last year when Pajarito was supposed to meet with VF in the evening, but figured in a bombing incident at the provincial airport before the meeting. Oebanda said the lawyer, who had sustained injuries from the blast, surprised her by still showing up at their scheduled meeting on trafficking. “Nakatsinelas lang siya, may talsik pa siya ng dugo, pumunta pa siya sa meeting," Oebanda said. The VF head recounted Pajarito as responding, “May meeting tayo. Ayaw kong naghihintay kayo." “Pursigido talaga siya," explained Oebanda. While commending Pajarito, Oebanda also noted the efforts of other groups involved in the anti-human trafficking crusade. She said these groups include the Coast Guard, a number of shipping companies, law enforcers at airports and seaports, and other non-government organizations. The challenges go on

Anti-Trafficking in Persons Act
In 2003, the Philippine government enacted the Anti-Trafficking in Persons Act to go after the traffickers and help their victims. Since its enactment until 2009, at least 938 trafficking cases have been filed, according to the Department of Justice’s (DOJ) Inter-Agency Council Against Trafficking. At least 49 convictions have already been rendered by courts as of June 2011, the council noted. There are three categories of trafficking acts punishable under the Anti-Trafficking in Persons Act:
  • acts of trafficking in persons;
  • acts that promote trafficking, and
  • qualified trafficking.
The law defines trafficking in persons as the recruitment, transportation, transfer or harboring, or receipt of persons" by any means for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, and debt bondage exploitation. “When the child is trafficked in person," “when the crime is committed by a syndicate or in large scale," or “when the offender is a member of the military or law enforcement agencies," the crook can be charged with qualified trafficking in persons. — JE/VS, GMA News
Meanwhile, Oebanda said that despite the upgrade, challenges remain for the Philippines such as amendments to the Anti-Trafficking in Persons Act of 2003. She said that among other things, the law needs to more adequately define labor trafficking and refine the law to clearly penalize attempted trafficking as well. Oebanda said the current set-up makes it more difficult to prosecute cases of attempted or aborted trafficking, than to do the same for consummated trafficking cases. “Parang pinapaubaya sa korte ang pag-decide," Oebanda explained. Describing the TIP upgrade as a show of political will on the part of the Aquino administration, another anti-trafficking advocate said the government must not lose its momentum in the fight against the global scourge. Susan Ople, president of the Blas F. Ople Policy Center, also mentioned a related bill that aims to protect Filipino domestic workers. “We urge the President to certify as urgent the amendments to the Anti-Trafficking Act of 2003 and the Kasambahay Law," which would lead to the greater protection of Filipinos overseas and here at home," Ople said in a statement. The Palace also acknowledges the need for improvements in its fight against human trafficking, said presidential spokesperson Edwin Lacierda at a press briefing in Malacañang. Lacierda said the President welcomes the Philippines’ TIP upgrade. “We have done away with the sanctions but there is an indication that we still have to make progress towards total abolition of human trafficking," Lacierda said. — VS, GMA News