Dubai-based lawyer calls for balance over new Philippine travel guidelines

New travel guidelines issued by the Philippines’ Inter-Agency Council Against Trafficking (Iacat) have stirred anxiety among Filipino expatriates planning to return home. The guidelines, which will be effective starting September 3, mandate overseas Filipino workers (OFWs) to present additional documents such as a certificate of employment, job contract, or pay slip “if necessary,” in addition to the mandatory Overseas Employment Certificate (OEC).

Barney Almazar, a respected legal expert and the director at Gulf Law, has weighed in on the matter, calling the regulations “overly restrictive” and advocating for a balanced approach to safeguard both collective welfare and individual rights.

According to Philippine authorities, the new rules aim to combat illegal recruitment and human trafficking.

Almazar, who also holds a legal consultancy license in the UAE and is a member of the Philippine Bar, expressed his concerns.

“The Philippine authorities should strike a balance between the collective welfare of the community and the individual rights and freedoms of Filipinos,” Almazar said in a Khaleej Times report.

He argued that restrictions on the fundamental right to travel should be “narrowly tailored to achieve the public purpose” and that the government should focus on “safeguarding individual rights and preventing potential abuse of power.”

Almazar highlighted that travelers shouldn’t bear the brunt of restrictive policies due to the criminal activities of human traffickers.

“Government action must be geared towards the criminals and not to the travelers whose rights are constitutionally protected,” he added.

To address the issue effectively, Almazar proposed a series of remedies:

  • Strengthen law enforcement targeting illegal recruiters active on social media.
  • Develop victim-centered approaches for the safety and well-being of trafficking victims, including access to healthcare and legal assistance.
  • Conduct intensive awareness campaigns and rely on evidence-based research for policy decisions.
  • Implement voluntary registration to build trust and encourage travelers to share crucial information.

In light of the concerns, Philippine government officials have issued an apology and clarified that the new rules are simply a “clarification of existing rules.”

Justice Secretary Jesus Crispin Remulla assured that “more than 95% of departing Filipinos would not need to present more documents apart from the basic ones.”

The Bureau of Immigration also confirmed that OFWs would not be required to produce additional documents beyond the essential ones, including the OEC.