Refugees | PUBLIC INTERNATIONAL LAW

Refugees in the Context of Public International Law and Political Law in the Philippines

I. Definition of Refugees

A "refugee" is defined under Article 1 of the 1951 Convention Relating to the Status of Refugees (also known as the Refugee Convention) as any person who:

• Owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion,
• Is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, unwilling to return to it.

II. Legal Framework in Public International Law

The protection of refugees falls under Public International Law, with the 1951 Refugee Convention and its 1967 Protocol forming the cornerstone of refugee protection. Other relevant instruments include:

1. The 1948 Universal Declaration of Human Rights (UDHR) - Particularly Article 14, which recognizes the right of individuals to seek asylum from persecution.
2. The International Covenant on Civil and Political Rights (ICCPR) - Protects individuals, including refugees, from refoulement, arbitrary detention, and other violations.
3. The Convention against Torture (CAT) - Article 3 prohibits the expulsion or return of individuals to a country where there is substantial ground to believe they would be in danger of torture.

III. Core Principles of Refugee Protection

1. Non-Refoulement Principle (Article 33 of the 1951 Refugee Convention): The cornerstone of refugee protection, this principle prohibits states from returning refugees to a country where their life or freedom would be threatened due to race, religion, nationality, membership in a particular social group, or political opinion.

2. Rights Granted to Refugees:

   • Right to seek asylum: Refugees have the right to apply for asylum in a foreign country.
   • Non-discrimination: Refugees must not be discriminated against based on race, religion, or country of origin.
   • Right to work and education: Refugees have the right to seek employment and receive basic education in their host countries.
   • Access to courts: Refugees must be granted access to judicial remedies and legal protection.

3. Voluntary Repatriation: The return of refugees to their country of origin should be voluntary, meaning that refugees should not be forced to return unless the conditions in their home country have changed and are deemed safe.

IV. Refugee Protection under Philippine Law

The Philippines is a signatory to both the 1951 Refugee Convention and the 1967 Protocol Relating to the Status of Refugees. These commitments are reflected in various domestic laws, policies, and practices.

1. Philippine International Commitments:

   • The Philippines ratified the 1951 Refugee Convention and the 1967 Protocol in 1981.
   • As a member of the United Nations, the Philippines has a duty to adhere to human rights standards under the Universal Declaration of Human Rights and other treaties such as the ICCPR and CAT.

2. The Bureau of Immigration and the Department of Justice – Refugee and Stateless Persons Protection Unit (RSPPU):

   • The RSPPU under the Department of Justice (DOJ) handles applications for refugee status determination.
   • The Philippines provides protection to asylum seekers through an administrative mechanism that allows individuals to apply for recognition of refugee status, in compliance with international obligations.

3. Executive Order No. 163 (1987): This order created the Commission on Human Rights (CHR) which also oversees the protection of the rights of refugees and stateless persons within the country. The CHR works in coordination with other agencies to monitor compliance with international obligations.

4. Republic Act No. 7610: This act provides protection for children in situations of armed conflict, including those who might be classified as refugees or asylum seekers, ensuring their right to protection and humanitarian assistance.

5. Rights of Refugees under Philippine Law:

   • Refugees are entitled to the protection of their basic human rights, including the right to non-refoulement, right to work, access to courts, and protection from unlawful detention.
   • They have the right to stay in the Philippines temporarily and receive protection until they can be resettled in a third country or repatriated voluntarily.

6. Refugee Status Determination (RSD) Process:

   • The RSD process in the Philippines is conducted by the DOJ-RSPPU, which assesses applications for asylum or refugee status.
   • The process entails a thorough evaluation of the applicant’s claims, ensuring they meet the criteria set out in the 1951 Refugee Convention and applicable domestic laws.
   • If recognized as a refugee, the individual is granted a refugee certificate, enabling them to stay legally in the Philippines and access certain rights like education, employment, and freedom of movement.

V. Refugees vs. Stateless Persons

While refugees are individuals who flee persecution and are unable to return to their country of origin, stateless persons are those who are not considered nationals by any state under its law. Both groups may seek protection under international law, but stateless persons are primarily covered under the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.

VI. Challenges and Obligations for States in Refugee Protection

1. Host State Responsibilities:

   • States, including the Philippines, have the obligation to not only protect refugees but also to ensure their integration, provide necessary services, and uphold their basic human rights.
   • The cost of hosting refugees can be significant, which is why international cooperation, including funding from the United Nations High Commissioner for Refugees (UNHCR), is critical.

2. Local Integration:

   • While local integration is an option, it is generally seen as a long-term solution and entails providing refugees with rights similar to those of nationals, including potential pathways to citizenship.
   • The Philippines has yet to establish a clear framework for local integration for refugees, although some are granted legal residency.

3. Resettlement to a Third Country:

   • Often, refugees in the Philippines are resettled to third countries like the United States, Canada, or Australia. Resettlement programs are coordinated by the UNHCR and other international partners.

4. Security Concerns:

   • The refugee system can face abuses from individuals who may seek asylum for economic reasons rather than genuine persecution. The screening process is critical in ensuring that the right individuals receive protection without compromising national security.

5. Internal Displacement:

   • In addition to international refugees, the Philippines deals with internally displaced persons (IDPs) due to armed conflicts, natural disasters, or development projects, particularly in Mindanao. While not classified as refugees under international law, IDPs are protected under the Guiding Principles on Internal Displacement.

VII. Philippines' Role in ASEAN and Global Refugee Initiatives

The Philippines is a member of the Association of Southeast Asian Nations (ASEAN), where refugee issues, especially those related to Rohingya refugees, are of growing importance. The Philippines has consistently advocated for human rights and refugee protection, balancing regional cooperation with its international obligations.

The Philippines has also actively participated in global refugee summits, showing its commitment to burden-sharing and adhering to the Global Compact on Refugees, which aims to provide a more predictable and equitable sharing of responsibility among states to protect refugees.

VIII. Conclusion

The protection of refugees is a fundamental aspect of Public International Law and is enshrined in both international treaties and Philippine domestic law. The Philippines, as a signatory to the 1951 Refugee Convention and its 1967 Protocol, is legally bound to uphold the rights of refugees, including the principle of non-refoulement and other core rights such as access to work, education, and judicial protection.

While the country faces challenges in terms of resources and security, it remains committed to providing protection to refugees and upholding human rights. The growing complexities of global and regional refugee crises make it essential for the Philippines to continue cooperating with the UNHCR, other states, and international bodies in addressing the needs of refugees and asylum seekers effectively.