Singer/ Songwriter:

Bohemian Rhapsody
Who is a refugee?
A. For the purposes of the present Convention, the term “refugee” shall apply
to any person who:

A) Has been considered a refugee under a

previous Arrangements;

B) Those who are in a well-founded fear of

being persecuted for reasons of race,
religion, nationality, membership of 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 as a result
of such events, is unable or, owing to such
fear, is unwilling to return to it;
 Question: Mr. Tikbalang has two nationalities and is
currently living in the country where he owes one
of his allegiances. For fear of being persecuted for
reasons of race, he sought refuge in another place
where he is not a national assailing that he should
be considered a refugee under the definition.

Answer: In the case of a person who has more than one nationality, the term “the country of
his nationality” shall mean each of the countries of which he is a national, and a person shall
not be deemed to be lacking the protection of the country of his nationality if, without any
valid reason based on well-founded fear, he has not availed himself of the protection of one of
the countries of which he is a national.
 Caution Judicatum
“A bond for payment of the
Solvi.
judgment. "A bond deposited with a
tribunal to secure payment for the
costsConvention
International of… on the Elimination of All Forms of
Racial Discrimination

 Non-nationals in a regular situation with insufficient

resources were entitled to free legal aid, which was also
offered as a matter of law to victims of trafficking and
smuggling of migrants without any conditions
regarding their resources or residency. The cautio
judicatum solvi had been removed from the Code of
Civil and Administrative Procedure enacted in 2008. -
Ms. Driss (Alegeria)
 Question:
Article 2
General obligations

Every refugee has duties to

the country in which he finds
himself, which require in
Yes. The Bill of Rights in our Constitution generally
particular that he conform to
applies to both aliens and citizens, thus the rights to
its laws and regulations as
due process and the rights of an accused under Article
well as to measures taken for
III of the 1987 Constitution are granted to a foreigner in
the maintenance of public
the Philippines. However, jurisprudence has
order.
recognized citizenship as a valid legal ground for
classification (say for economic policies, for restricting
the practice of professions and for the exercise of
political rights).
 The 1987 Philippine Constitution
Rights of Article III Bill of Rights

Refugees
Article 3 Non-
SECTION 1. No person shall be deprived of
life, liberty, or property without due process
of law, nor shall any person be denied the
discrimination
Article 4 Religion equal protection of the laws.

SECTION 5. No law shall be made respecting

Article 5 Rights granted
an establishment of religion, or prohibiting
apart from this convention the free exercise thereof. The free exercise
and enjoyment of religious profession and
Article 7 exemption from worship, without discrimination or
preference, shall forever be allowed. No
reciprocity religious test shall be required for the
exercise of civil or political rights.
Article 8 exemption from
exceptional measures SECTION 4. No law shall be passed abridging
the freedom of speech, of expression, or of
Article 14 artistic rights and industrialthe press, or the right of the people
peaceably to assemble and petition the
property government for redress of grievances.
 Article 16 access to courts SECTION 11. Free access to the courts and
quasi-judicial bodies and adequate legal
assistance shall not be denied to any person
by reason of poverty.
Article 21 housing
ARTICLE XIV
Education, Science and Technology, Arts,
Article 22 public education Culture, and Sports
Education
SECTION 1. The State shall protect and
Article 23 public relief promote the right of all citizens to quality
education at all levels and shall take
appropriate steps to make such education
accessible to all.
Article 24 labour
legislation and social
security
Article 13 movable and immovable property

The Contracting States shall accord to a refugee treatment as favorable as possible and, in
any event, not less favourable than that accorded to aliens generally in the same
circumstances, as regards the acquisition of movable and immovable property and other
rights pertaining thereto, and to leases and other contracts relating to movable and
immovable property.

Article 15 right of association

ART. III Bill of Rights The 1987 Constitution

SECTION 8. The right of the people, including those
employed in the public and private sectors, to form
unions, associations, or societies for purposes not
contrary to law shall not be abridged.
Article 17 wage-earning G.R. No. 128845 June 1, 2000
employment INTERNATIONAL SCHOOL
ALLIANCE OF EDUCATORS
Article 18 self-employment
(ISAE), petitioner, v HON.
LEONARDO A. QUISUMBING
Article 19 liberal professions
Article 20 rationing Where a
rationing system exists, which
applies to the population at large
and regulates the general
distribution of products in short
supply, refugees shall be accorded
the same treatment as nationals.
Article 33 prohibition of expulsion or return
(“refoulement”)  “there was no worse catastrophe for an
individual who had succeeded after many
1. No Contracting State shall expel or return vicissitudes in leaving a country where he was
being persecuted than to be returned to that
(“refouler”) a refugee in any manner country, quite apart from the reprisals awaiting
whatsoever to the frontiers of territories him there” Mr Juvigny – Drating the Convention
where his life or freedom would be
threatened on account of his race, religion,
nationality, membership of a particular social
group or political opinion.
Refugees attempting to escape Africa do not
claim a right of admission to Europe. They
demand only that Europe, the cradle of human
2. The benefit of the present provision may not, rights idealism and the birthplace of the rule of
however, be claimed by a refugee whom law, cease closing its doors to people in despair
who have fled from arbitrariness and brutality.
there are reasonable grounds for regarding as That is a very modest plea, vindicated by the
a danger to the security of the country in European Convention on Human Rights. “We
which he is, or who, having been convicted should not close our ears to it.” - Justice
Blackmun
by a final judgment of a particularly serious
Asylum
a refuge granted an alien by a sovereign state on its
own territory. (Dictionary.com)

 A sanctuary, or place of refuge and protection, where

criminals and debtors found shelter, and from which
they could not be taken without sacrilege. (Black’s Law
dictionary)

 In international law, the protection granted by a state

to a foreign citizen against his own state. The person
for whom asylum is established has no legal right to
demand it, and the sheltering state has no obligation to
grant it. (Encyclopedia Britannica)
Why do refugees need protection?

States are responsible for protecting

the fundamental human rights of their
citizens. When they are unable or
unwilling to do so – often for political
reasons or based on discrimination –
individuals may suffer such serious
violations of their human rights that
they have to leave their homes, their
families and their communities to find
sanctuary in another country. Since,
by definition, refugees are not
protected by their own governments,
the international community steps in
to ensure they are safe and protected.
What rights does the 1967 Protocol contain?

The 1967 Protocol broadens the applicability of the 1951

Convention. The 1967 Protocol removes the geographical and time
limits that were part of the 1951 Convention. These limits initially
restricted the Convention to persons who became refugees due to
events occurring in Europe before 1 January 1951.

Does a refugee also have obligations?

Refugees are required to abide by the laws and regulations of their country of
asylum and respect measures taken for the maintenance of public order.
Who determines whether a person is a refugee? How is
this done?

Protecting refugees is primarily the responsibility of States.

This may be done by an individual or group assessment as
to whether they meet the definition in the Convention.
Although the 1951 Convention does not prescribe a
particular procedure for the determination of whether a
person is a refugee, where an individual assessment is the
preferred approach, any procedures must be fair and
efficient. This would require that States designate a central
authority with the relevant knowledge and expertise to
assess applications, ensure procedural safeguards are
available at all stages of the process and permit appeals or
reviews of initial decisions. UNHCR has been tasked to assist
States to establish such procedures
 Is the 1951 Convention the only instrument
relevant to the rights of refugees?

No. The 1951 Convention is the only global legal

instrument dealing with the status and rights of
refugees. In addition to the 1951 Convention,
there are several conventions and declarations
that are of particular relevance in specific
regions. For example, there are legal instruments
on refugees that apply in Africa, Latin America
and the European Union. There is also a
substantial body of international human rights
law that complements the rights of refugees in
the 1951 Convention. States are already
committed to protecting the human rights of
refugees through their human rights obligations,
not least the right to live in security and with
dignity.
Can a country that has not signed the 1951
Convention refuse to admit a person seeking
protection?

The principle of non-refoulement, which prohibits the

return of a refugee to a territory where his or her life
or freedom is threatened, is considered a rule of
customary international law. As such it is binding an all
States, regardless of whether they have acceded to the
1951 Convention or 1967 Protocol. A refugee seeking
protection must not be prevented from entering a
country as this would amount to refoulement.
How does UNHCR assist States to protect refugees?

UNHCR is mandated by the United Nations General Assembly to

seek international protection and permanent solutions for
refugees. It also has the responsibility to supervise the
implementation of the 1951 Convention by States Parties. States
Parties are required to cooperate with UNHCR, and provide
relevant information and statistical data. UNHCR’s role
complements that of States, contributing to the protection of
refugees

by: Promoting accession to, and implementation of, refugee

conventions and laws; Ensuring that refugees are treated in
accordance with internationally recognized legal standards;

by Ensuring that refugees are granted asylum and are not forcibly
returned to the countries from which they have fled;

by Promoting appropriate procedures to determine whether or

not a person is a refugee according to the 1951 Convention
definition and/or to other definitions found in regional
conventions; and

by Seeking durable solutions for refugees.

Why is it important for States to accede to the 1951 Convention and its Protocol?

The refugee phenomenon is one of truly global proportions, affecting not only millions of
marginalized people directly but also the policies and practices of virtually every government in the
world. To help tackle this problem UNHCR believes that it is necessary to broaden the base of State
support for these refugee instruments, ensuring that the protection provided to refugees is more
universal in scope and the burdens and responsibilities of governments are more equitably
distributed and consistently applied. When a State accedes to the 1951 Convention:

* it demonstrates its commitment to treating refugees in accordance with internationally recognized

legal and humanitarian standards;

* it gives refugees a possibility to find safety;

* it helps to avoid friction between States over refugee questions. Granting asylum is a peaceful,
humanitarian and legal act rather than a hostile gesture, and should be understood by the refugee’s
country of origin as such;

* it demonstrates its willingness to share the responsibility for protecting refugees; and

* it helps UNHCR to mobilize international support for the protection of refugees.

 ICCPR
CIVIL Political

Refugee Government

RECOGNITION OF THE RIGHTS OF REFUGEES/non-

discrimination, non-penalization and non-refoulement.

Executive Order No. 163, s. 2022

INSTITUTIONALIZING ACCESS TO PROTECTION
SERVICES FOR REFUGEES, STATELESS PERSONS
AND ASYLUM SEEKER
.