Mike Navallo
MANILA : The Department of Justice (DOJ) and the Inter-Agency Council Against Trafficking (IACAT) have suspended the implementation of the revised guidelines for Filipinos departing the country, following concerns raised by senators.
The Senate, on Wednesday, approved an unnumbered resolution calling for the suspension of the guidelines.
The Senate president, in a separate resolution, was authorized to file a petition with the Supreme Court to stop its implementation.
In a press release Thursday, the DOJ and IACAT announced the “temporary suspension of the implementation of the recently revised guidelines on departure formalities.”
“[I]n light of recent concerns raised by our esteemed senators and to address the importance of transparency and public consultation, the Secretary of Justice, Jesus Crispin ‘Boying’ Remulla, has deemed it necessary to thoroughly clarify the issues surrounding the revised guidelines to both the senators and the public,” it said.
“The Department of Justice acknowledges the vital role of our esteemed senators as representatives of the people, entrusted with safeguarding the rights and welfare of our citizens. It is our duty to address their concerns and provide them with the necessary information and clarifications,” it added.
But the department said the suspension would not affect existing laws and regulations on travel and immigration procedures.
“All existing rules and guidelines remain in place until further notice,” it said.
It insisted, the primary objective of the revised guidelines was to “streamline the departure procedures, ensuring a more efficient and secure process for all individuals traveling abroad.”
“The revisions were not intended to burden the general public but rather to enhance the overall experience of departing passengers,” it explained.
The DOJ and IACAT released a copy of the revised guidelines on August 22, highlighting the need to protect human trafficking victims assuming the guise of tourists, after a series of incidents where Filipino tourists ended up working for cryptoscam hubs in Myanmar and Cambodia and needed to be rescued.
But the guidelines were met with criticisms online, particularly against the long list of documentary requirements which included proof of financial capacity for self-funded tourist travel and notarized affidavit of support in the case of travels sponsored by a relative (other than spouse, parents or children) or entity based outside the country.
Some legislators claimed the guidelines violate the constitutional right to travel, which does not require proof of financial capacity.
Some travelers complained on social media against the questions posed by Immigration officers to passengers which, in the past, has led to long lines and travelers missing their flights.
The DOJ, IACAT and the Bureau of Immigration clarified that the revised guidelines do not impose new travel requirements but only clarified the documents that need to be presented to Immigration officers.
Compared to previous guidelines, they said that the new one even relaxed the rules in some cases but they also admitted it was the first time they released a copy of the guidelines to the public, which may have led to the negative reaction.
The DOJ’s statement cited transparency and public consultations but the department has yet to announce if the public would be consulted regarding the guidelines.
“The Department of Justice reaffirms its dedication to upholding the rights and welfare of all individuals, including the right to travel freely. We assure the public that the revised guidelines aim to strike a balance between national security and the facilitation of smooth and efficient travel,” it said in its statement.
Philippine authorities recorded 1,277 victims of human trafficking for 2022. Of this number, 740 were victims of sex trafficking while 537 were victims of labor trafficking.
Senate Majority Leader Joel Villanueva cited data from the Immigration bureau that shows that out of the 32,404 Filipino workers whose departures were deferred in 2022, only 472 or 1.46 percent were found to be victims of human trafficking.
“We understand that the IACAT’s intent in the issuance of the Guidelines is to mitigate trafficking. But imagine the possibility of offloading 98.54 percent of Filipinos? Hindi po ito ‘margin of error’,” he said Wednesday.
Senate President Juan Miguel “Migz” Zubiri also pointed out on Wednesday that “there has to be a way to protect our people without also hampering their right to travel.”
“This is a constitutional right,” he said.
The DOJ has yet to announce when Justice Secretary Jesus Crispin Remulla and other officials of IACAT and BI will meet with senators to clarify the matter.
REMULLA: DOJ TO CLARIFY REVISED GUIDELINES WITH SENATE
In a chance interview on Thursday afternoon, Remulla said they were just waiting for the Senate to send invitations so they could explain the issue.
He said the suspension of the guidelines was based on his consultation with the Executive Secretary, after hearing about the Senate resolution.
“[W]e decided best to suspend the rules first so that we can clarify the issues when the Senate hearings are called so that we can explain,” he said.
Remulla reiterated the DOJ’s position that only a small portion of the passengers would be affected. He dismissed some of the complaints as “speculative.”
“Unang-una, 97 percent of the people will not be affected by these questions to be asked based on the guidelines. Two to three percent at the most ang pwede maapektuhan dyan. Basic requirements talaga ang ating gusto lang mangyari dito. But of course, the people are complaining. We listen, we heed the call of the people to review so we’re doing that in the spirit of transparency and we will tell the Senate what we think is really the problem here,” he said.
“And of course, most of it would be, ang talagang problema d’yan minsan, yung ugali na mismo minsan ng Immigration officers. Kaya ngayon, nag-usap kami ni Commissioner Tansingco na ang training nila, reminders kung paano mag-handle ng situations where questions have to be asked,” he added.
(At most, two to three percent of passengers will be affected. And of course, most of the problems would be about the attitude sometimes of the immigration officers. That’s why we talk with Commissioner Tansingco about their training, the reminders on how to handle situations where questions have to be asked.)
Despite the suspension of the revised guidelines, Remulla said he was confident the fight against human trafficking won’t be affected since the mandate of Immigration officers from the 2015 guidelines would remain.
“Meron pa rin namang kailangan tanungin ang Immigration na wala sa guidelines na mahalaga. Isang ehemplo lang, return ticket. Pwede bang walang return ticket ang turista? Basic yun. Pag wala ka talagang return ticket turista ka, hindi ka turista. Paano ka uuwi?” he said.
Courtesy: abs-cbn.com
