The Commission on Human Rights (CHR) welcomed and supported the recent visit to the Philippines of Ms. Mama Fatima Singhateh, the United Nations Special Rapporteur (UNSR) on the sale and sexual exploitation of children, including child prostitution, child pornography, and other child sexual abuse material, from 28 November to 8 December 2022.
As part of the Philippine Government’s Technical Working Group, which coordinated the 12-day country visit of UNSR Singhateh, CHR has provided initial inputs to issues posted by the UNSR prior to her arrival in the country. Through our Child Rights Center, CHR also participated in the series of national agencies cluster meetings and coordinated the dialogue-meetings with three CHR regional offices. We reiterate our appreciation to the government for inviting the UNSR to gain deeper insights on the root causes of the sale and sexual exploitation of children and learn about ways to prevent and combat this pressing human rights problem.
CHR takes cognizance of the issues identified by Singhateh as part of her preliminary findings. In particular, UNSR Singhateh said that Philippines remains source and destination country for child trafficking, forced marriage, labor and sexual exploitation. During the height of the pandemic, CHR has similarly noted a significant increase in online sexual abuse and exploitation of children. In response to this, CHR issued the Advisory on the Protection of Children from Online Sexual Abuse and Exploitation on 3 June 2020 (https://bit.ly/3Po217y).
Based on the “2021 Trafficking in Person Report: Philippines” by the US Department of State, the Philippine government reported 629 victims of labor trafficking, 361 victims of sex trafficking, including 157 child victims of online sexual exploitation, and five children engaged in armed conflict; it was unclear if the remaining 207 victims faced forced labor or sex trafficking. While this problem is prevalent in the Philippines, every country in the world is affected by human trafficking and children make up almost a third of all human trafficking victims worldwide according to a study conducted by the United Nations Children’s Fund or UNICEF.
It is worth citing that the Philippines remained on Tier 1 in terms of compliance in addressing trafficking. According to the 2022 Trafficking in Persons Report of the US Department of State, the Philippines meets the minimum standards to eliminate trafficking. The report also recognized the government’s serious and sustained anti-trafficking efforts, which include identifying more trafficking victims than in 2020, establishing a standard procedure for the identification and monitoring of corruption cases related to trafficking, and charging almost all traffickers to significant prison terms.
While the Philippines made notable progress in combating trafficking, it is crucial to distinguish child trafficking and sale of children for sexual exploitation as recommended by UNSR Singhateh. The sale of children for sexual exploitation is a specific offense that necessitate unique measures as opposed to child trafficking as an encompassing crime. The distinction shall help ensure the establishment of specific mechanisms and methods that will best address this growing problem.
On the continuing practice of child marriage in the Philippines, CHR reiterates its position on the primacy of the welfare and rights of the child regardless of cultural and religious beliefs. It is notable that the Philippines made a significant progress on this aspect with the signing of the Implementing Rules and Regulations of the Republic Act No. 11596 or the Prohibitions of Child Marriage Act last 7 December 2022.
CHR agrees with UNSR Singhateh on the need for separate centers for children who are victims of child sexual abuse and exploitation so they may be provided with individualized and thorough intervention. Similarly, the lack of special training of prosecutors in handling child sexual abuse cases is an acknowledged gap, which the Judiciary has been trying to address through its Judicial Academy.
These are only some of the key findings of UNSR Singhateh, which CHR shall continue to monitor and assess. We are hopeful that all of the UNSR findings and recommendations are well-taken by the government to serve as guide in addressing the urgent situation of vulnerable children in our country. For our part, we shall continue to work with the government in strengthening protection for the dignity and rights of children.