Fr. Shay’s Cullen Testimony At The US Congress.

Good Afternoon. I am Fr. Shay Cullen, Catholic Columban Missionary and President and Founder of the PREDA Foundation, Inc., a Philippine social development organization.

Hon. Chairman, Rep. Karen Bass (D-CA), ranking member, and all the members of this distinguished sub-committee, I thank you for inviting me to be here again.

Today, I will share with you my personal experience working to address the widespread situation of Human Trafficking in the Philippines. My remarks will focus on Human Trafficking for the purpose of commercial sexual exploitation, and the exploitation of innocent and blameless street children for begging and drug deliveries for criminal gangs.  Many but not all of the child-victims of trafficking for begging, prostitution or for being drug couriers are frequently confined in jail-like conditions instead of being helped as victims. Some are as young as 8 to 12 years old.

When I previously testified before this sub-committee it was a testimony regarding the street children, some victims of human trafficking incarcerated in jail cells with adult criminals. A letter signed by members of this sub committee and other members of the house to then President Gloria Arroyo of the Philippines recommending the separation of minors from adults had an immediate strong positive effect at that time.

President Arroyo ordered this separation. However, prison officials all over   made separate but ever smaller overcrowded cells, and since then street children as young as 8 years old are now being confined in jail cells in sub-human conditions with accused youth offenders of the ages 17 and 18 year old. They are deprived of their human rights and are placed in grave circumstances of being physically neglected, starved and abused.  The small children when rescued by the social workers of the PredaFoundation and given protective shelter, therapy and counseling, reveal the sexual abuse.

1. TRAFFICKED FOR BEGGING AND DRUGS.

Some of these small children are victims of human trafficking brought into the city to beg for organized criminal syndicates or to be exploited drug couriers. While the Juvenile Justice Welfare law (RA9344) disallows criminal liability for children 15 and younger many are still imprisoned in dire circumstance contrary to law. (Photos)

The photos show the conditions going back several years and some more recent. It indicated the systematic neglect and abuse not just a few isolated incidents as some Philippine government officials would like us to believe. Or claim that the photographs are not genuine, or insidiously say were released for fund raising purposes.[1] The centers where the photographs of the chained girl and the starved boy were taken in Manila are now closed as a result of the media generated. However, there are still many other centers where reform is needed. At the time of controversy of Pope Francis’ visit, the web site of the Preda foundation was hacked and removed by agents unknown. It has since been restored.

The human trafficking of youth and children for sexual exploitation some as young as  18 months old  to  14-year-old are procured for pedophiles, for video-making and for commercial sexual exploitation in sex bars where they are exploited by sex tourists, some being US Nationals.[2]

 

1. VIDEOS OF TRAFFICKED AND ABUSED MURDERED CHIDLREN

Recent investigations carried out by the Dutch police and the Australian police in recent months gives shocking evidence showing children as young as 18 months old, having been videotaped,one tortured and sexually assaulted and murdered. Other children 6 and 12 years old have been victims of torture and sexual assault and videoed. One video is entitled The Destruction of Daisy. The videos are commercially distributed over the Internet and sold in the United States, the UK and European countries as seen in the evidence gathered and the recent arrest of suspect Australian Peter G. Scully and his local helpers.[3]

• FORCED ABORTIONS FOR VICTIMS OF TRAFFIKING AND EXUAL EXPLOITATION

The growth of human trafficking is linked to the use of the Internet for promoting sex tourism and for transmitting images of child pornography made in the Philippines as described. Some Victims of human trafficking are subjected to several human rights violations and even forced abortion, although these are difficult to prove with for the lack of medical or forensic evidence since it is done illegally and secretly but revealed by the rescued victims in therapy and in their oral narratives.

The anti-child pornography law mandates the Internet server providers (ISP) to filter and prevent such illegal images and content. The Internet is widely used for transmitting live sex acts using children despite the anti-cyber-sex laws. The telephone companies which have US nationals among their top 100 shareholdersare violating the law by not having these filters in place as demanded by the Anti-Child Pornography Act of 2009 otherwise known as RA 9775.[4] They have seemingly placed themselves above the law and it is possible they get away with it with some collusion with Philippine government officials. The Philippine National telecommunications commission is responsible for the implementation of the regulations. In addition to the anti-child pornography law, they are also allegedly violating with impunity the Public Telecommunications Policy Act of 1995 or RA 7925 and Executive Order No. 546 issued in 1979.

40% of tourists come for sexual exploitation, they return to the USA and endanger children. Thousands of young people many underage are vulnerable and both foreign nationals and locals prey upon to supply the demand of the thousands of sex tourists that come to the Philippines. As Former US Ambassador to the Philippines Harry K. Thomas, Jr. said during his time 2010 to 2013 that “40% of male tourists to the Philippines go there for sex tourism.”[5]  While he withdrew the comment, the fact remains that the Philippines is a destination for sex tourists despite Philippine denials.

1. ASSESSMENT OF THE PHILIPPINE GOVERNMENT’S EFFORTS TO COMBAT TRAFFICKING IN 2014

 

While indeed there is strong political commitment by President Ninoy Aquino and especially Justice Secretary Leila De Lima, and the office of Ombudsman to fight corruption with some notable success and much effort to address the widespread human trafficking, unfortunately the implementation of this by police and prosecutors results in a very low arrest and conviction rate. In 15 years only 150 convictions were achieved. This places The Philippines on Tier II of the TIP report.

The grave economic inequality creates a very rich elite, a developing middle class in a strong growing economy but an ever-widening gap between the rich few and millions of poor people.

There is corruption by some of the prosecution and judiciary. Besides the slow pace of the judicial process, the lowering of charges of human trafficking to child abuse allows many foreign suspects of trafficking to escape.

 

1. DEATH SQUADS PROTECT HUMAN TRAFFICKERS AND THREATEN JOURNALISTS

 

Death squads were widely usedin the past and are still active today in certain towns and cities allegedly under the control of some mayors.  These places are also were where traffickers operate with impunity and human rights workers combating human trafficking are vulnerable to retaliation.

Recommended Reports:

• The Report of the Human Rights Watch, “One Shot to the Head” Death Squad Killings in Tagum City, Philippinesis very instructive.[6]
• Amnesty International report gives some indication how difficult it is to investigate human trafficking since some police are protecting the traffickers.[7]

1. CONCLUSION

While the Philippine government is striving to address the problem of human trafficking and improve the recorded of convictions much remains to be done.

The efforts of the US State department are lauded but reform of the police and judiciary in the Philippines is of utmost importance. Local government who issue permits and licenses to sex bars that take in trafficked persons must be restrained and sex trafficking must be greatly reduced. Children trafficked must have greater protection, shelter, and assistance. Suspects must be prosecuted in a robust manner with integrity.

[1] “Pope Francis and the Mystery of Manila’s Vanishing Street Children.” Charlie Cambell. Time Magazine. 21 January 2015.

[2] “Sex Trafficking in the Philipippines.”Nightline-The Raid. 25 February 2013.

[3] “Catching a Monster.”60 Minutes. Ch 9 Australia. 15 March 2015.

[5]“U.S. Ambassador to the Philippines Sparks Diplomatic Row after Saying 40% of Male Tourists Visit Country for Prostitutes” Daily Mail. 9 October 2011.

[6] “One Shot to the Head.” May 21, 2014. Human Rights Watch.

[7] “Above the Law: Police Torture in the Philippines.”Amnesty International. 4 December 2014.