Villanueva reso questions propriety of new IACAT rules

Senate Majority Leader Joel Villanueva has filed a resolution questioning the propriety of the new guidelines released by the Inter-Agency Council Against Trafficking (IACAT) on Departure Formalities for International-Bound Filipino Passengers.

Villanueva filed proposed Senate Resolution 762 seeking Senate inquiry on the government’s actions to strengthen its anti-trafficking in persons program, especially for international-bound Filipino passengers.

“The additional requirements under the Revised Guidelines have raised concerns among Filipinos, specifically on the propriety of these new additional requirements in light of the people’s constitutionally-guaranteed right to travel and the recent reports regarding the involvement of law enforcement agencies in trafficking in persons,” Villanueva said in his resolution.

He mentioned the hearing last November 29, 2022 where the Senate committee on women, family, children and gender equality learned that victims of illegal recruitment for a scamming job in Myanmar said their passports were already stamped even before passing through the immigration counter.

He also noted they found out during a Senate blue ribbon committee hearing last March 20 that a chartered flight bound for Dubai allegedly carried “unauthorized individuals” whose entries were facilitated by immigration officers.

“The prevention of human trafficking is an inter-agency task that not only involves providing stringent requirement on international-bound Filipinos, but also proper awareness and education among Filipinos, and the apprehension of law enforcement agents and other government officials who facilitate or connive with wrongdoers, among others,” the majority leader stressed.

“In order to enhance measures to effectively combat trafficking in persons, there is a need to evaluate the existing programs being implemented by the government consistent with a whole-of-government approach,” he added.

In a separate statement, Senator Grace Poe likewise urged the concerned government agencies to temporarily put off the implementation of the new guidelines and re-evaluate its effects to the legitimate passengers.

“The lingering doubts and questions about the new rules must not be swept under the rug. Authorities must make traveling through our airports secure against human traffickers, but without being too complicated,” Poe said.

"We welcome the move to address delays and inefficiencies at our airports and curb the scourge of human trafficking. But, doing so should not be at the expense of legitimate Filipino travelers," she added.

Poe, chairperson of the Senate public services committee, warned of the inconveniences, costs, and legal complications that may be encountered by the passengers on the day of flight.

The concerns raised by several individuals and sectors about possible infringement of the right to travel and privacy as to the examination of one’s financial capacity are serious enough to merit a thorough review of the new protocols, she said.

She added that the long list of documents required of certain travelers also entails time and costs which is an added burden to the travelers.

Instead of imposing such guidelines, Poe said concerned agencies must train their sights on capacitating immigration personnel to spot trafficking, beefing up security at the country's borders and at the same time, cleansing their ranks of corrupt and inefficient people.

"May kasabihan na kung may hinahanap kang daga, bakit mo susunugin ang buong bahay?" Poe said.

"Sa bagong patakarang ito, baka mas paparusahan pa ang ating mga kababayang lehitimong byahero kung hindi sasawatahin ang korapsyon sa loob ng ahensya," Poe added.

For Senator Nancy Binay, chairperson of the Senate tourism committee, the IACAT must focus more on using technology to improve profiling instead of burdening travelers with taxing documents.

“Yung technology naririyan para safe, secured, and convenient ang mga pasahero. Malaking tulong din ang technology to curb human trafficking,” she said in a statement.

“Kung kaduda-duda talaga ang background ng byahero at kasamang biktima—that's the time immigration people should do their job of cross-checking the info they have in their database and compare it to the claims of the person in question. Let's maximize the use of information technology to correctly profile travelers," she added.

Binay urged IACAT to impose strict guidelines on travelers who are going to countries which do not require visas and states which have high incidents of human trafficking as she pointed out that visa applications are all scrutinized for accuracy and consistency.

Since passengers already have the option to check-in online, the senator said the system can already be linked to a highly-secured database where red flags are forwarded to authorities for immediate attention.

“These additional documents are coercive, restrictive, and redundant. I hope the DOJ and BI can station immigration officers who are well-trained to interpret data contextually and make informed decisions based on the info at hand. Of course, human judgment is prone to mistakes, that's why oversight is essential,” she said.

“Kaya dapat trained professional ang nasa frontlines to treat every traveler with respect and sensitivity, at magkaroon tayo ng mechanisms to address false positives to protect an individual's rights," she added.

Under the revised guidelines, all Filipino outbound travelers will undergo immigration inspection and will be asked to present basic travel documents including a valid passport, boarding pass, appropriate visa whenever required, and confirmed return or roundtrip ticket, when necessary.

Immigration officers are also mandated to interview the passenger about their purpose for travel and ask for relevant clarifying questions and additional supporting documents.

Passengers may be deferred for departure if they present fraudulent, falsified, or tampered travel or supporting documents; or refuse to undergo primary inspection. They may also be referred to secondary inspection.

Travelers may also be asked for relevant supporting documents based on their categories: tourists, overseas Filipino workers, minors, and others.

The Department of Justice has said that the revised departure guidelines seek to protect Filipinos against human trafficking and illegal recruitment.—AOL, GMA Integrated News