A case of human trafficking

Hazel was fresh out of college when lured by a recruiter to work as a cultural dancer abroad. The offer was tempting as Hazel was in a hurry to contribute to the upkeep of the family. She is the eldest of six siblings and the first to graduate from college in the family. Her parents had no stable income: her father did odd jobs while her mother is a vendor.

Hazel and four other Filipinas underwent training in dance with the Cinderella recruitment agency. The aspiring OFWs were surprised when they were taught sexy dancing. They also did not undergo any pre-departure orientation. A representative of the recruitment agency told Hazel and four other Filipinas to get rid of all their documents except for their passports when they reach Taipei, Taiwan for a transit stop. On February 14, the five Filipinas left Manila.

When Hazel and the four other Filipinas arrived in Okinawa on Feb. 14, a certain Boyet fetched them and took all their passports. They were given a photocopy of their passports. Boyet then took them to three different bars.

While Hazel’s contract states that she would work as a dancer, Linaban related, Hazel was asked to do more, including drinking with customers. She was also asked to go out with a customer. Linaban said that these practices are considered illegal in Japan.

Filipinos in Japan informed the mission team that Boyet used to work as an employee of the Philippine consulate.

Linaban said that when she asked Alarcon if she knew that Filipina entertainers’ passports are taken by their employers, Alarcon replied that it is the standard operating procedure (SOP).

During the stay of the team in Okinawa, three Filipina entertainers were deported.

Maza, author of the Anti-Human Trafficking Act said she would call for a Congressional investigation on how the anti-trafficking law is being implemented. She also said, “The allegations from some members of the Filipino community that our representatives in Okinawa may have aided trafficking must be looked into.”

Maza said she would sponsor a resolution to investigate whether Philippine embassy and consulate officials are making business out of labor export.

Misleading

Linaban further chided the Department of Foreign Affairs (DFA) for releasing “misleading” information regarding Hazel’s case.

Foreign Affairs Secretary Esteban Conejos was quoted in a July 2 article of the Business Mirror saying that “the US military has agreed to conduct court-martial proceedings against an American soldier accused of raping a Filipino woman in Okinawa, Japan.”

In the same article, Conejos further said, “The US military has taken cognizance, assumed jurisdiction of the case.”

Linaban said that no case has been filed yet at the US court martial. She explained that the Criminal Investigation Department of the US military court is still in the process of conducting an investigation. A report would then be submitted to the prosecutor then the judge advocate would determine if there is a case.

Linaban said that the legal assistant of Hazel’s new lawyer informed them that it could take four weeks before the initial investigation is concluded.

Distorted justice system

Linaban added that it remains uncertain if the charge to be filed against Hopstock – that is, if the court martial deems that there is sufficient cause to do so – would be rape. She said that Article 120 of the Uniform Code of Military Justice (http://usmilitary.about.com/od/justicelawlegislation/a/art120new.htm) defines various levels of sexual assault.

Linaban cited the gang rape case involving four US Marines in Hiroshima sometime in October 2007.

Based on news reports, Lance Cpl. Larry A. Dean, 20, one of the four Marines who faced court martial was found guilty of “wrongful sexual contact and indecent acts” but was cleared of rape.

Linaban retorted, “Korte nila ‘yan eh.” (That is their court.)

She said that the Status of Forces Agreement (SOFA) between the US and Japan should not result to the surrender of Japan’s sovereignty.

Maza said, “In principle, sovereign states should have jurisdiction on cases/crimes committed in their territories. The presence of US bases and troops has distorted justice/criminal system such that perpetrators are able to get away from criminal liability. They are the ones who define the venue for justice settlement.”

Maza stressed, “This is inherently wrong…the US is usurping the sovereign rights of other countries.”

Linaban said, “The US wants to preserve the so-called integrity of their institutions and will always prove that these are but isolated cases.” She said that the US’ procedural mechanism to “discipline” their troops is political in nature. “The US intends to preempt the resurgence of strong anti-US bases campaigns,” she said.

Maza maintained that the Philippine government should pursue the rape case in the civil court.

Linaban said the Filipino people would not want the case to be resolved in the court martial. Maza and Linaban cited the case of Nicole where the rape case of the US soldier who raped her was tried by a civilian court. Unfortunately, they said, justice was not served in the end as the Philippine government eventually surrendered custody over the American soldier to the US embassy.

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