The Philippine Commission on Women has been consistent in its advocacy for the decriminalization of persons exploited in prostitution, but not for decriminalizing the whole industry of prostitution which is actually tantamount to making it legal in the country -- these are two different paradigms. I think this matter ought to be clarified. Is the DOJ-CCC really keen on decriminalizing the entire industry thereby making it legal, or are they only referring to Article 202? This is another instance when the words or terminologies that we use matter so much that the whole point of what we want to convey can be lost or thwarted. As far as I know, PCW's position on the matter has been raised to the DOJ-CCC. The advocacy is to repeal Article 202 of the 1932 RPC, which penalizes and defines "prostitutes" as "WOMEN who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct" and enact a special criminal law that will give more teeth Article 341 of the RPC, which criminalizes those who make exploit people (take note of "people" -- contrary to what Article 202 asserts, men, boys and girls are also being lured or forced into prostitution, not only women).
During the recently concluded 15th Congress, PCW has circulated this briefer regarding the Anti-Prostitution Bill (source: PCW website -- www.pcw.gov.ph) :
Anti-Prostitution Bill
ENACTING AN ANTI-PROSTITUTION LAW: Addressing the System of
Prostitution in the Philippines, Imposing Penalties on Perpetrators, and
Providing Protective Measures and Support Services for Victims; Repealing
Articles 202 and 341 of the Revised Penal Code
OVERVIEW
Prostitution is an exploitative system that commodities and dehumanizes
women, men and children who are being sold within the system. As a form of
sexual exploitation, prostitution violates a person’s human rights. It reinforces
the subordinate status of the more vulnerable individuals who are more often,
women and children; as it serves the instant sexual gratification of the more
privileged “clientele” who are mostly male.
Poverty is the oft-cited factor that led to the burgeoning number of
prostituted persons. More often than not, women and children trapped into
prostitution are poor, uneducated, and sometimes sexually abused. They have
been trafficked -- recruited, usually through deception, force or intimidation,
and forced and kept into prostitution through threats or actual acts of
violence, until such time when the victims start believing that there is no
other life for them outside of prostitution.
Our existing law, specifically Article 202 of the Revised Penal Code
(RPC) penalizes and defines “prostitutes” as "WOMEN who, for
money or profit, habitually indulge in sexual intercourse or lascivious
conduct.” Republic Act No. 10158 (March 27, 2012) which amended RPC
Article 202, repealed only the provisions that pertain to vagrancy thus leaving
behind the provision that penalizes prostitutes, notwithstanding their
exploitation within the system of prostitution.
BENEFITS OF TAKING ACTION
Addressing the system of prostitution through legislation is an initial
step for the Philippine Government to fulfill its national and international
mandates, like:
The Philippine Plan for Gender Responsive Development (PPGD) – set
the government’s policy framework on prostitution by viewing prostitution as a
human rights violation and identifying the decriminalization of women in
prostitution as a starting point in addressing the problem. According to the
PPGD, “the desired effect of such legislation is that women and children
should no longer be arrested or fined like criminals.”
Republic Act 9710 or the Magna Carta of Women (MCW) – Section 12
of this law provides for the amendment or repeal of laws that are
discriminatory to women which, among others, include Article 202 of the
Revised Penal Code.
The Convention on the Elimination of All Forms of Discrimination
Against Women - Concluding Comments on the 5th and 6th Philippine Country
Report (2006) – called on the Philippine Government to take appropriate
measures to suppress the exploitation of prostituted women, including through
the discouragement of the demand for prostitution.
WHAT MUST BE DONE?
We need to enact an anti-prostitution law that addresses the system of
prostitution through the shifting of criminal liability from the prostituted
persons, to those who “buy” people exploited in prostitution and those who make
profit from such transactions (e.g. pimps and establishments involved in
prostitution).
Redefine prostitution – as “any act, transaction, scheme or design
involving the use or exploitation of another person, whether woman, man or
child for the sexual gratification or pleasure of another in exchange for cash
profit or other consideration.”
Target the demand side; criminalize those who exploit people in
prostitution – The problem of prostitution will be effectively addressed
if those who fuel its demand are penalized. Putting in place a national law
which explicitly identifies those who buy persons in prostitution and other
people and businesses involved in such activities will eventually reduce its
demand.
Decriminalize women in prostitution; regard them as victims NOT
criminals – RPC Article 202 which penalizes women in prostitution, should
be amended. An effective Anti-Prostitution Law should recognize that
prostitutes are not criminals but victims of the system of prostitution thus,
they should be free from criminal liability. This, however, does not
automatically exempt prostituted persons who themselves commit any of the
prohibited acts of prostitution (such as pimping other people) from criminal
liability.
Define person exploited in prostitution or a prostituted person –
to refer to "a woman, man or child used, employed, or exploited for
another person's sexual gratification or pleasure, and for the monetary gain or
profit of others.”
Establish support mechanisms for prostituted persons to get out of the
system of prostitution – recognize that the road to recovery for survivors
of prostitution is long and arduous. The government shall facilitate the
provision of support services to victims such as psycho-social counseling for to
help them in their healing process; legal assistance in order to seek redress
against the perpetrators; and referral to appropriate training and other
government programs that will open for them doors to economic
opportunities.
WHERE ARE WE NOW?
The 12th Congress became the springboard for bills that seek to address
prostitution by shifting from a definition of prostitution as a crime committed
by prostitutes; to a crime committed by recruiters, pimps, bar owners and
customers. A number of bills were also filed in the subsequent Congresses.
In the 15th Congress, three (3) bills addressing the system of
prostitution were filed in the Senate: SBN 711 by Sen. Jinggoy Estrada,
SBN 1131 by Sen. Manny Villar and SBN 2341 by Sen. Pia Cayetano. The bills were
referred to the Committees on Justice and Human Rights, and Constitutional
Amendments, Revision of Codes and Laws which conducted a joint public hearing
and technical working group meeting on December 14, 2010 and January 19, 2011 respectively. The said Committees have put together a draft substitute bill on Anti-Prostitution. [MY UPDATE: the consolidated bill has been filed and reported out by the Committee prior to adjournment of the last session]. In the Lower House, HBN 1656 by Rep. Rufus Rodriguez and HBN 1706 by Rep. Susan Yap were filed. The bills were referred to the Committee on Justice, which convened a technical working group meeting on January 19, 2011.
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PCW also issued its Statement on Prostitution and Curbing the Spread of HIV, following the release of a UN-commissioned study on HIV and AIDS and Prostitution in the Asia and the Pacific Region last year.
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