The Department of the Interior and Local Government (DILG) announced that the newly released ASEAN Guideline on the Implementation of the Non-Punishment Principle affirms a crucial protection for victims of human trafficking—recognizing that trafficked persons should not be penalized for unlawful acts committed as a direct result of their exploitation.
The guideline underscores that victims of trafficking must not be blamed or prosecuted for illegal acts they were compelled to commit due to their situation. When a violation of the law is a consequence of being trafficked, the individual should be shielded from criminal or administrative charges.
According to the DILG, the release of the guideline is both a milestone for the ASEAN region and a proud moment for the Philippines, which served as Country Lead Shepherd for the Trafficking in Persons (TIP) priority area. The DILG also led the ASEAN Ministerial Meeting on Transnational Crime (AMMTC)-Philippines and the Senior Officials Meeting on Transnational Crime (SOMTC)-Philippines.
In crafting the guideline, SOMTC-Philippines—through the DILG—conducted extensive consultations with other ASEAN Member States, in partnership with the ASEAN Intergovernmental Commission on Human Rights (AICHR). The goal was to institutionalize measures that prevent further persecution of trafficking victims.
Officially launched in June 2025, the guideline cements the principle of non-penalization for trafficked persons who commit unlawful acts as a result of their exploitation. While not a legally binding instrument, it serves as a strong reminder that ASEAN member states have both a moral and legal duty—under their domestic laws and international obligations—to protect, rather than punish, victims.
DILG Undersecretary and SOMTC-Leader Philippines Nestor Sanares stressed the importance of a human rights-based approach:
“Victims of trafficking often endure severe exploitation, and it is our duty to ensure they receive protection rather than prosecution.”
The guideline also addresses emerging trafficking trends, including Online Sexual Abuse and Exploitation of Children (OSAEC), forced criminality in scam hubs, cross-border trafficking, and surrogacy-related exploitation—issues that demand urgent regional cooperation.
As the Philippines prepares to host the upcoming ASEAN SOMTC consultations, the DILG reaffirmed the government’s commitment to building a responsive and compassionate ASEAN community in the fight against trafficking in persons.