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International law expert weighs in on PH-Kuwait labor rift

The Philippines has been engulfed in a labor rift with Kuwait, sparked by the death of Joanna Demafelis at the hands of her employers. But one step closer to restoring the diplomatic relations between the two countries, a viral video of a rescue mission of distressed overseas Filipino worker (OFW) severed the ties again.

The Rapid Response Team deployed by the Department of Foreign Affairs (DFA) and the Overseas Workers Welfare Administration (OWWA) was seen in a video helping an OFW escape her employer’s house.

It was a move that further fanned the brewing labor tensions between the Philippines and Kuwait.

In just a couple of days, the Kuwaiti government handed over two diplomatic notes to the Philippine Embassy. It also moved for the expulsion of Philippine Ambassador to Kuwait Renato Villa, declaring him persona non-grata.

Legal basis of Kuwait in expelling Villa

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The Filipino Times reached out to Jay Batongbacal, Director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea, to get his expert opinion regarding the matter.

Batongbacal agrees that under Article 9 of the Vienna Convention on Diplomatic Relations, Kuwait has the right to expel any member of the diplomatic staff of a sending State.

“Kuwait is fully empowered to declare the Philippine Ambassador to be persona non-grata as a means of signalling the degree of its displeasure with the Philippines and the way the latter has conducted its foreign relations with Kuwait,” Batongbacal said.

He adds that Villa is not the only one liable for expulsion from Kuwait. All members of the Philippines’ diplomatic team can face the same problem.

“Kuwait may also declare them persona non-grata or expel them at any time for any reason. They may not be liable from crimes due to diplomatic immunity (It depends on what crimes they are charged with, if any), but they may also be subject to expulsion nonetheless,” Batongbacal told The Filipino Times.

OWWA Deputy Administrator Arnel Ignacio has frowned upon the release of the video showing the RRT’s rescue operations.

Batongbacal shares the same sentiments, calling it a “careless and irresponsible action”.

“It is like rubbing salt on old wounds. After being forced to officially act on the Demafelis case, then constrained to negotiate and sign an agreement for better treatment of OFWs, the release of the video must have been the final straw for the Kuwait government in dealing with the Philippines on this issue,” the lawyer said.

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