On the Right to Travel and the Hypocrisy of so-called democracy fighters online

Fact no.1---Every year, thousands of Filipinos, wittingly or unwittingly, become victims of human trafficking and illegal recruitment. Government spends millions helping these people. The United States anti-trafficking report categorizes the Philippines at tier 1, the highest state we are in five years ago.

Fact no. 2---due to the efforts of the government, specifically the Inter-Agency Council Against Trafficking in persons, more than 50,000 Filipinos were prevented from becoming victims of this vicious and highly lucrative human trafficking trade. This is due and in part to efforts made by the government, specifically the Bureau of Immigration in suspending the travel of some Filipinos who failed to present satisfactory travel documents. Based on Immigration data, only less than 1% of Filipino tourists or those who left the country as workers, were asked to suspend their departures pending presentation of sufficient travel documents.

Consequences no. 1---Because of the stringent application of IACAT guidelines on departure formalities by the Bureau of Immigration, the status of the Philippines in human trafficking improved from tier 1 to tier 2, only within a span of ten months.

The consequence against human trafficking groups is substantial. These human traffickers lost considerable income from the honest implementation of the law by the Bureau of Immigration. If ever there is but one legacy that President Benigno S. Aquino III can call his own, it is THIS. Thousands of lives were saved. Thousands more are expected to benefit from these guidelines.

Consequences no. 2---so-called "liberals" and online "democracy fighters" attack the Bureau of Immigration especially its chief, Siegfred Mison, for allegedly violating the right to travel by Filipinos. They say that these guidelines are violative of the constitutional right to travel.

I don't know if they are just ignorant of the law or they are acting or playing dumb.

The right to travel is a universal right. As one of the fundamental rights, it cannot be impaired. The only question is--is the right to travel absolute, like the right to life?

Obviously not.

Article 3 of the 1987 Constitution, specifically section 6 clearly states that the right to travel can be impaired through the passage of a law which clearly states that the impairment is in pursuit of national security, public safety and public health.

Former Senator Loi Ejercito Estrada in her Senate bill no. 174 even recognizes that the right of travel has certain "exceptions". Note in her Senate bill that this right to travel "can only be restricted upon a clear showing of reasonable and compelling reasons that the proposed travel is plainly harmful conduct to national security, public safety and public health." see this link.

The Anti-Trafficking of Persons Act of 2003 or Republic Act 9208, specifically Section 16, sub-section f, mandates the Bureau of Immigration to: "Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien administration laws. It shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with the guidance and counseling requirement as provided for in this Act."

The law is clear---"strictly administer and enforce immigration and alien administration laws." That is the mandate of the BI.

Now, in that law also, specifically Section 21, there is a requirement for the establishment of an Inter-Agency Council whose task is to implement the following:

(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to trafficking in persons;

(e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law and the various issues and problems attendant to trafficking through the LGUs, concerned agencies, and NGOs;

(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD, Technical Education and Skills Development Authority (TESDA), Commission on Higher Education (CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the government or from NGOs and other civic organizations such assistance as may be needed to effectively implement this Act;

(j) Complement the shared government information system for migration established under Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking in persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of trafficking in persons which shall form the basis for policy formulation and program direction;

(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of trafficking in persons;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in persons;

(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the internet;

(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals in the Philippines;

(o) Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked persons; and

(p) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act.

On the Hypocrisy of so-called democracy fighters online

Why do you hit the Bureau of Immigration when it is just implementing the law? Is'nt strange that you are fighting for the supremacy of the right to travel when some of you were totally indignant when former president Gloria Macapagal-Arroyo was asking err, petitioning for her to leave for abroad for medical purposes?

These so-called pseudo democrats are raising a howl when it is clear that the right to travel has not been violated but rather the guidelines as provided for by law dictates the very act of the Immigration personnel.

When human trafficking was a problem, these pseudo-democrats attack the Bureau for not doing anything to address the problem, when in fact, it is just one of about nine agencies responsible for curbing the problem of human smuggling and trafficking.

Now, when the bureau just does its job of implementing the rules strictly according to the construction of Congress, these nincoompoops again complain, saying that the Bureau is employing gestapo measures.

I hope these stupid fellas are not being used by human trafficking groups themselves to bolster their case and pressure the Bureau of Immigration to relent on their case. Surely these self-proclaiming bastards do not really understand democracy. They probably think that democracy is plain and simple anarchy where everyone can do almost everything he pleases provided he does not harm anyone in the process. Wrong and stupid.