According to a press release by the Bureau of Immigration (BI) officials, there have been more than 28,000 Filipino passengers who were not allowed to leave the country as part of their drive to curb human trafficking.[1]

4 July 2011

HON. LORETTA ANN ROSALES

Chairperson

Commission on Human Rights (CHR)

Quezon City, Philippines

Dear Chairperson Rosales,

Good day!

As a concerned citizen and a victim of abusive form of questioning by an immigration official, I am requesting your good office to look into the issue of “offloading” of Filipino tourists and passengers who are leaving the country as well as abuse and arrogant conduct of interrogation by immigration officers at the Philippine airports.

According to a press release by the Bureau of Immigration (BI) officials, there have been more than 28,000 Filipino passengers who were not allowed to leave the country as part of their drive to curb human trafficking.[1] The same press said that more than 54,000 suspected victims of human trafficking have been barred from leaving the country since August 2010. A news article from Philippine Star indicated that the BI reported that they have “stopped 32,038 tourists from leaving for January to June.”[2] There are also several stories of bloggers or on-line writers who have illustrated the extent of this problem.[3]

According to the BI, those that have prevented from leaving the country have been referred to the Interagency Council Against Human Trafficking for them to file appropriate charges, however reports said that only two cases have reached our courts. If the people who have been prevented from leaving the country are possible victims of trafficking and other forms of exploitation abroad, how come the government has not provided them with appropriate support including investigation and filing of appropriate charges? Even if they may have been suspected of being a victim of trafficking, there should be a valid ground and evidence to prove they are a victim and that the government can reasonably restrict a Constitutional right to leave one’s own country.

Based on news reports, such measures undertaken by Immigration officials have resulted to profiling of and discrimination of Filipino passengers. According to Bondoc, “singled out are those who look provincial – dark-skinned, flat-nosed, unfashionably dressed, thick accent.”[4] Another news report said that “Filipino tourists who happen ‘to look poor’ are said to be subjected by certain BI-NAIA agents to these demands.”[5] Such acts of profiling and discrimination against the poor are being done in the name of curbing human trafficking.

There have been reports about immigration officers demanding additional documents from departing Filipinos to prove that their travel abroad is legitimate and that they are not potential victims of human trafficking or might end up as drug mules. A BI spokesperson “justified the demand by immigration officers that departing passengers present document such as income tax return, bank accounts and employment certificates.”[6] These documents are being asked without informing Filipinos of appropriate documents. The website of BI indicates the requirements for departing Filipino travellers in general are a valid passport, a tourist visa and a return ticket.[7] Additional requirements are needed for those who will engage in work, emigrants government officials, minors and those having hold departure orders. BI failed to inform properly Filipinos about additional requirements to prove their capacity for and legitimacy of travel. Likewise, the demand to produce additional documents is unfairly and unequally applied to all departing passengers. These are only done to those who may “look poor”.

It is important to note also that the strict screening of departing passengers was made in compliance of an existing National Bureau of Investigation (NBI) Memorandum Circular No. RPL-10-004 dated 9 August 2010, which authorizes the Bureau of Immigration to regulate an individual’s right to travel “whenever there is reasonable detection of a trafficking situation.”[8] The said circular empower immigration officials to assess the travellers overall circumstances “including their personal capacity to travel, such as appearance, demeanor, current employment, financial capability…at the times they present themselves for departure formalities.”[9] Such memorandum circular is bothersome as it entirely leaves to the discretion of an immigration official the realization of an individual’s right to travel. On the other hand, “reasonable detection of a trafficked situation” does not equate to actual victimization.

In the light of these issues, as a concerned citizen who has been subjected to undue interrogation by a Filipino immigration officer, I urge your good office to:

• Conduct an immediate and independent investigation on the extent of “offloading” or the denial of right to travel and discrimination of Filipino travellers;
• Trace, identify and coordinate with victims, Filipino who have been “offloaded” and provide them with appropriate redress measures;
• Issue an advisory opinion on restrictions concerning the curtailment of the right to travel;
• Train immigration officials on proper handling of departing passenger taking due consideration the respect for individual freedoms and liberties;

Sincerely,

Ryan V. Silverio

Cc:

Mr. Yap Swee Seng

Executive Director,

Asian Forum for Human Rights and Development (FORUM ASIA)

Dr. Nymia P. Simbulan

Executive Director

Philippine Human Rights Information Center (PhilRights)

Dr. Aurora Parong

Executive Director

Amnesty International Pilipinas

Mr. Jarius Bondoc

Columnist

Philippine Star

[1] Bureau of Immigration. “David hails PH’s removal from trafficking watchlist”, 29 June 2011, http://immigration.gov.ph/index.php?option=com_content&task=view&id=821&Itemid=78

[2] Bondoc, Jarius. “Readers narrate immigration run-ins”, Philippine Star, 1 July 2011, http://www.philstar.com/Article.aspx?publicationSubCategoryId=64&articleId=701443

[3] “Offloaded by immigration”, Philippines Complaints Board, http://www.pinoycomplaints.com/2011/04/offloaded-by-immigration.html; “Philippine immigration’s policies in off loading passengers without explanation still clouded in mystery”, http://outofphilippines.com/philippines-offloading-policy.htm; “Offloaded”, “http://definitelyfilipino.com/blog/2011/05/14/offloaded/”

[4] Bondoc, Jarius. “Protecting or extorting from Pinoy tourists?”, Philippine Star, 29 June 2011, http://www.philstar.com/Article.aspx?publicationSubCategoryId=64&articleId=700841

[5] “Pinoy tourists complain of ‘abusive’ BI examiners at NAIA”, Philippine Star, 27 June 2011, http://www.philstar.com/nation/article.aspx?publicationSubCategoryId=65&articleId=700160

[6] Santos, R. “Immigration defends tough screening of departing Pinoys.” Philippine Star, 4 July 2011, p. 3.

[7] Travel Requirements for Filipinos, Bureau of Immigration, http://immigration.gov.ph/index.php?option=com_content&task=view&id=239&Itemid=37

[8] Yumul, J. “More Filipinos are getting held up at Manila airport.” Sun Internet Edition, May 2011, http://www.sunweb.com.hk/Story.asp?hdnStoryCode=6749

[9] Ibid.

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Post Published: 05 July 2011
Author: Lakwatcha Editor-in-chief
Found in section: lakwatcha news

Tags: IMMIGRATION OFFICERS

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