Practice Related to Rule 94. Slavery and Slave Trade
Under the War Crimes Trial Executive Order (1947) of the Philippines, “enslavement [of] … civilian populations before or during [the Second World War]” constitutes a war crime.
The Philippines’ Republic Act No. 9208 (2003) concerning trafficking in persons provides:
3. Definition of Terms. – As used in this Act:
(a) Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s 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 persons, or, the giving or receiving of payments or benefits to achieve the consent of a 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.
(d) Forced Labor and Slavery – refer to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.
4. Acts of Trafficking in Persons. – It shall be unlawful for any person, natural or judicial, to commit any of the following acts:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.
The Philippines’ Republic Act No. 9231 (2003), the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act, states:
Sec. 12-D. Prohibition Against Worst Forms of Child Labor. – No child shall be engaged in the worst forms of child labor. The phrase “worst forms of child labor” shall refer to any of the following:
(1) All forms of slavery, as defined under the “Anti-trafficking in Persons Act of 2003”, or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict.
The Philippines’ Republic Act No. 9344 (2006), the Juvenile Justice and Welfare Act of 2006, provides:
Sec. 61. Other Prohibited Acts. – The following and any other similar acts shall be considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in conflict with the law and therefore, prohibited:
(d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances.