The Comprehensive Programme
to Combat Transnational Organized Crime

Recent years witnessed the Philippines waging war against terrorists and lawless elements involved in trafficking in persons and drugs, money laundering, arms smuggling, and intellectual property theft. The country continues to experience the adverse impacts of criminal operations, more so being included in watchlists of international institutions such as the Paris-based Financial Action Task Force on matters related to money laundering, and the U.S. State Department on trafficking in persons.

Cognizant of this condition, among other critical and strategic concerns, the Philippine government stepped up its drive against transnational crime and terrorism by launching a series of major initiatives spearheaded by the Office of the President, the Philippine National Police, Armed Forces of the Philippines, Department of Justice and other law enforcement agencies.

Among its major milestones is the passage of important laws and policies that likewise brought the creation of inter-agency bodies to fight terrorism, trafficking in persons and drugs, arms smuggling, money laundering, intellectual property theft, cybercrime, sea piracy, cultural property theft, economic crime and environmental crime.

In addition, the Philippine government is determined to implement reform programs to enhance governance in support of the Comprehensive Programme to Combat Transnational Organized Crime (CPCTOC).

The CPCTOC outlines the country’s comprehensive approach to concretely address terrorism and all forms of transnational organized crime through the following priority areas:

1. legislation and policy development;

2. institutional capacity-building especially strengthening the law enforcement agencies, banking and finance institutions and local government units;

3. training of selected government personnel toward organizing a pool of anti-transnational crime specialists;

4. strategic research, information and intelligence gathering; and,

5. international cooperation.

Specifically, the CPCTOC contains the following salient strategies geared toward attaining the consensus vision and three broad goals contained in Part III of this document:

1. harmonization of Philippine laws and ensuring that these are likewise harmonized with laws, policies and procedures of international partners;

2. active involvement and participation of local government units in the fight against terrorism and transnational organized crime;

3. establishing a national integrated information and intelligence network through a shared central data base that builds on the advances of information and communication technology including networking with selected international partners like the Interpol I-24/7;

4. modernization of anti-terrorism and anti-transnational crime units both at the national and local government levels;

5. simplifying operations systems and establishing focal points for each category of transnational organized crime, both at the national and local levels;

6. partnering with civil society for peace and order, public safety and local and national security;

7. pursuing judicial reforms;

8. training of selected national and local government personnel and establishing a pool of anti-terrorism and anti-transnational crime specialists;

9. continuing conduct of strategic research, case studies on good practices and cross-country comparative studies identifying critical success factors and models to prevent, combat and eradicate transnational organized crime; and

10. expanding and improving international relations, both multilateral and bilateral.
The latter strategy likewise seeks to harness technical assistance and financial resources to develop the capacity of government especially law enforcement agencies and personnel in the implementation of various international agreements resulting from United Nations Conventions, and gatherings of the members of the Association of Southeast Asian Nations (ASEAN) as well as the Asia Pacific Economic Cooperation (APEC).

The Philippine government shall continue to strengthen and pursue cross-border criminal justice cooperation against transnational criminal groups and their financial and social support structures. Internally, the Philippine government under the new administration shall aggressively pursue reengineering of specific units for effective performance, curb corruption at all levels, and optimize all resources for the country’s sustained growth and development.

The sustainability of all strategies to prevent, combat and eradicate transnational crime can only happen when the country’s poverty situation has been significantly alleviated, the public sector especially government, has been cleansed from graft and corruption, and the Filipino people have been eventually empowered in the total effort to protect and uphold national sovereignty, universal human rights and civil liberties.

Why a Philippine Comprehensive Programme to Combat Transnational Organized Crime (CPCTOC)

Emerging Nature of Transnational Crime
The internationalization of crimes especially those linked to terrorism; trafficking in drugs and persons; various forms of smuggling and money laundering; piracy and armed robbery against ships; illicit trade in small arms and light weapons; and intellectual property theft, has significantly affected the Philippines at varying degrees.

Transnational crime and terrorism are converging. Terrorist organizations, bereft of state support, are increasingly turning to transnational crime activities, such as narcotics trafficking and intellectual property theft, among others, to finance their activities. Various reports worldwide manifest that criminal organizations, for instance, enter into agreements with terrorist groups to trade light weapons or bomb and other explosive materials. At various levels, this convergence is growing.

Financing terrorism and transnational organized crime build on lax banking laws and ease of virtual transactions. Money laundering is said to be rife throughout Asia. As the proceeds of international crime grow, transnational criminal organizations are looking for ways to launder their money, and Asia, with the developing and underdeveloped conditions of most its member countries, becomes a major avenue for money flow.

Facilitating Trends
Globalization, open economies and market, modernization especially advances in internet and communication technology, increasing mobility of people and borderless inter-cultural exchange, provide a facilitative landscape for criminal networks to operate. Developing and underdeveloped countries including the Philippines, with their current volatile socio-economic conditions tend to provide a conducive environment for criminal elements to victimize and co-opt many of the poor.

Vulnerability of the Philippines to Transnational Crime.
The threats posed by transnational organized crime and terrorism affect the Philippines in many ways specifically, as follows: (a) social structures, (b) economy and financing institutions including the natural and physical resources upon which the economy depends, and (c) the regional and the international communities where a significant sector of the population of contract and other overseas workers are Filipinos.

Illegal drugs from foreign lands enter Filipino homes, schools, shopping malls and streets where the country’s most vulnerable – the children and youth roam. Human traffickers prey on the innocent poor especially young women from rural areas, who are lured by employment opportunities abroad but soon find themselves slaves and victims of the flesh trade and labor exploitation.
Wide-scale distribution and sale of smuggled contrabands go though the archipelago’s porous borders and unguarded coastlines. Whether these are perpetuated by local or foreign elements, the Philippines stands to lose. International media cited the Philippines as either a transit or drop off point for paraphernalia or used for staging illicit activities as well as training ground for foreign terrorist and criminals.

These alleged linkages pose the greatest threat to the country’s unstable economy and fragile image as recently indicated by the decline of the investment climate in the late nineties up to the start of the new millennium.

The Asia-Pacific Center for Security Studies (APCSS) identified Indonesia and the Philippines as the most vulnerable to transnational crime in the region owing to the countries’ porous borders and characteristic critical factors especially “corruption, mass unemployment and economic malaise”.

Anti-Transnational Crime Initiatives
Affected by the threats of terrorism and transnational organized crime, the government has not reneged on its commitments, thus, continues to improve its internal coordination with a focus on building the capacity of all its units. Externally, the Philippines has always been an active member and signatory to international treaties, covenants, and declarations of the United Nations and other related international institutions.

Fully committed to the sovereignty, security and safety of the Filipino people, to the country’s institutions and resources, to attainment of peace and order, harmony among all nations, and to universal principles, the government under the present administration, created critical units to craft the country’s programme to combat terrorism and all forms of transnational organized crime, as well as to manage the effects and menace that these bring.

Year 2003 was a hallmark year for the Philippines in terms of its progress in legal and institutional framework. Among the salient laws passed and/or bodies created for this purpose are, namely:

4.1. Anti-Terrorism Task Force was created in April 2004 by President Gloria Macapagal-Arroyo and is headed by the Secretary of National Defense supported by a composite team from various government agencies including related task forces such as those of the Philippine National Police and local government (e.g., anti-illegal drugs, anti smuggling and anti-kidnapping);
4.2. A Task Force for the Security of Critical Infrastructures under the Cabinet Oversight Committee on Internal Security;
4.3. Anti-Money Laundering Amendment Act (March 2003), which enables the Philippines to avoid sanctions by the Paris-based Financial Action Task Force;
4.4. Anti-Trafficking in Persons Act of 2003;
In support of this law, President Gloria Macapagal-Arroyo created an Anti-Illegal Recruiters Task Force in July 2004.
4.5. In 2003, the Philippine Senate ratified the following United Nations Conventions:
a. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation;
b. Convention on the Making of Plastic Explosives for the Purpose of Identification (Montreal Convention 1991);
c. International Convention for the Suppression of Terrorist Bombing;
d. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf;
e. International Convention for the Suppression of the Financing of Terrorism;
f. Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation;
g. The Philippines was one of 21 countries to have signed the Anti-Corruption Action Plan for Asia and the Pacific, which was developed with assistance from ADB and the Organization for Economic.

Executive Order No. 265, s. 2004
True to its commitment to these instrumentalities, and to its inherent responsibility to protect the lives and rights of Filipinos, the Philippine government, under the Filipinos, the Philippine government, under the Administration of President Gloria Macapagal-Arroyo, established major mechanisms and provided support to solve the problem at its roots.

On January 23, 2004, President Arroyo issued Executive Order no. 265,”Defining the Approach and Institutional Mechanism for the Government’s Comprehensive Program on Combating Transnational Crime.”

This Executive Order likewise established the Office of the Special Envoy on Transnational Crime (OSETC) as “an oversight body to provide the critical link between and among local, national, regional and international agencies and organizations in forging agreements, concretizing cooperation and harmonizing action.”

Foremost its critical functions, the OSETC is mandated “to orchestrate efforts at the highest echelons of policy and decision-making, not only to underscore the importance of combating transnational crime in establishing and sustaining our Strong Republic, but also to ensure proper guidelines for the various instrumentalities of government which have different mandates in dealing with transnational crime.”

Parameters of the CPCTOC
The Comprehensive Programme on Transnational Organized Crime must be viewed in the light of the legal framework provided by the Universal Declaration of Human Rights, Naples Political declaration and Global Plan of Action in 1994, the 29th ASEAN Ministerial Meeting in 1996, the ASEAN Declaration on Transnational Crime in 1997 and other major relevant international instrumentalities that have been ratified by the country and/or where the Philippines is a signatory.

Further, pertinent provisions of the Philippine Constitution, relevant Republic Acts like the Revised Penal Code, Executive Orders, and Administrative Orders, among other issuances at the national and local levels of government underpin the primary purpose of developing the Programme.

Among the more important and relevant issuances pertain to the creation of the Philippine Drug Enforcement Agency, Philippine Center on Transnational Crime, Office of the Special Envoy on Transnational Crime, Information Technology and E-Commerce Council, Anti-Terrorism Task Force, Cabinet Oversight Committee on Critical Infrastructure, Inter-Agency Council on Anti-Trafficking in Persons, Anti-Money Laundering Council, and other appropriate bodies to combat terrorism and trafficking in human beings.

The Programme must likewise be considered as an instrument to guide relevant national and local bodies especially the government, in helping ensure the synergy and efficacy of approaches and initiatives in combating transnational crime in the country.

Categories of Transnational Crime. There are eleven categories of transnational crime described in this document and in the two other volumes of the CPCTOC, as follows:
(1) terrorism, (2) illegal drug trafficking, (3) trafficking in persons, (4) arms smuggling, (5) sea piracy, (6) money laundering, (7) intellectual property theft, (8) cultural property theft, (9) cybercrime, (10) economic crime, and (11) environmental crime.