Solon proposes creation of refugees, stateless persons protection board

Senator Robin Padilla is proposing the creation of a Refugees and Stateless Persons Protection Board to strengthen the protection of refugees and stateless persons in the Philippines.

Senate Bill No. 2548 seeks to institutionalize the policy in the determination of eligibility for the protection of a refugee or stateless persons through the establishment of the Refugees and Stateless Persons Protection Board, which shall be an attached agency of the Department of Justice.

SB 2548 also covers protection for individuals displaced by armed conflict, violence, persecution, and insecurity.

“This proposal is also part of our commitment to international treaties such as the 1951 UN Convention related to the Status of Refugees and the 1954 UN Convention related to the Status of Stateless Persons, among others,” Padilla wrote in his bill’s explanatory note.

The neophyte senator noted the Philippines—throughout history—has become a home for migrants and refugees from other nations since the 1980s.

“Bound by the Filipinos' innate compassion and humanitarian spirit, it is no surprise that the country has provided asylum to a succession of refugee populations over time," he said.

Padilla stressed the measure will also strengthen the Philippine government's coordination and cooperation with the United Nations High Commissioner for Refugees, the Commission on Human Rights, and other relevant institutions and agencies.

Once established, the Refugees and Stateless Persons Protection Board will serve as the central authority on matters relating to the determination of status, and eligibility to avail of protection, as refugees and stateless persons.

The protection board will be given powers to receive, examine, and decide applications for status as refugee or stateless persons, and resolve requests for provisional protective measures related to pending applications.

It shall also coordinate and cooperate with the UNHCR and make reports to the concerned UN organs.

The board shall be composed of the Justice Secretary or a representative with a rank of at least Assistant Secretary as ex officio chairperson; Foreign Affairs Secretary or representative with a rank of at least Assistant Secretary as ex officio vice chair; Commissioner of the Bureau of Immigration or representative with a rank of at least Director; National Security Adviser or representative with a rank of at least Director; as well as four other members to be appointed by the President for a non-renewable term of five years.

The board shall include three lawyers who shall have at least the qualification of a regional trial court judge. The board members shall also have relevant training and experience in human rights, immigration, social work, or refugee protection.

The bill prohibits the State from removing or expelling a refugee, except for grounds of national security or public order, from the Philippines to a country where he/she would be at risk of persecution.

No penalties shall be given to refugees entering Philippine territory due to life and freedom threatening reasons.

Refugees will be given reasonable time if they want to obtain admission to another country.

The bill also mandates the Protection Board to render a written decision on applications within 60 days from submission of the report and recommendation concerning an application.

The applicant may request reconsideration of a disapproval, and the Board shall have 30 days to act on it.

On the other hand, the Board may impose motu propio or upon a verified complaint initiate proceedings—to cancel or revoke refugee status.