Refugees and Stateless Persons Protection Act

.. • TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL 15 All :23 First Regular Session SENATE RECET S. No. _ Introduced by Senator Robinhood Padilla AN ACT PROTECTING THE RIGHTS OF REFUGEES AND STATELESS PERSONS, ESTABLISHING THE REFUGEES AND STATELESS PERSONS PROTECTION BOARD, AND FOR OTHER PURPOSES EXPLANATORY NOTE

Section 11, Article II of the 1987 Constitution provides: "The State values the

dignity of every human person and guarantees full respect for human rights." Throughout history, records bear how the Philippines has become a 'home' of migrants and refugees from various nations since the early 1900s. 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. No less than former President Ferdinand Marcos, Sr. himself affirmed this when he uttered " We are actually a nation composed of many refugees, during his speech at the inauguration of the Philippine Refugee Processing Centre (PRPC) in January 1980. According to the United Nations High Commissioner for Refugees (UNHCR), the global displacement crisis, primarily caused by armed conflict, violence, persecution, and insecurity, among others, has been at the top of the international agenda in recent years. In 2022, former President Rodrigo Roa Duterte issued Executive Order No. 163 institutionalizing access to protection services for refugees, stateless persons, and asylum seekers.

To further strengthen this move, this representation seeks to institutionalize the policy in the determination of eligibility for protection of a refugee or a stateless person by creating a Refugees and Stateless Persons Protection Board, which shall be an attached agency to the Department of Justice (DOJ). 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. Passing this measure will also pave the way for the Philippine government's stronger and more effective coordination and cooperation with the UNHCR, the Commission of Human Rights, and other relevant institutions and agencies. In view of the foregoing, the passage of this measure is earnestly sought. ROBINHOOD PADILLA Senator

Offer of tua TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 JUL 15 A11:23 First Regular Session ) RECEIVED E: SENATE S. No. _ Introduced by Senator Robinhood Padilla AN ACT PROTECTING THE RIGHTS OF REFUGEES AND STATELESS PERSONS, ESTABLISHING THE REFUGEES AND STATELESS PERSONS PROTECTION BOARD, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Refugees and Stateless

Persons Protection Act".

Sec. 2. Declaration of Principles and State Policies. —

a) The State values the dignity of every human person and guarantees full respect for human rights, including those of refugees and stateless persons. b) The Philippines adopts the generally accepted principles of international law as part of the law of the land, and adheres to a policy of peace, equality, justice, freedom, cooperation and amity with all nations. c) The Philippines affirms its commitment as State Party to the 1951 Convention relating to the Status of Refugees (1951 UN Convention"), the 1967 Protocol relating to the Status of Refugees ("1967 Protocol"), and the 1954 Convention relating to the Status of Stateless Persons ("1954 UN Convention"). d) The Philippines shall endeavor to establish and implement a system that shall provide for the admission, for humanitarian reasons, of

qualified aliens and stateless persons, with due consideration to public and national interest. e) The State shall, as far as possible, facilitate the assimilation and naturalization of refugees. It shall make every effort to expedite naturalization proceedings and to reduce, as far as possible, the charges and costs of such proceedings. f) The State shall endeavor to protect refugees and stateless persons, pursuant to its obligations as State Party to the 1951 Convention, the 1967 Protocol, and the 1954 Convention.

Sec. 3. Objectives. — This Act seeks to fulfill the following objectives:

a) To recognize, strengthen, and promote the rights of refugees and stateless persons in the Philippines; b) To establish the Refugees and Stateless Persons Protection Board ("Protection Board") as the central authority in matters relating to the determination of status, and eligibility to avail of protection, as refugees and stateless persons; c) To prescribe the procedure and establish a set of criteria for the determination of whether a person is a refugee or stateless person; and d) To strengthen the Philippine government's cooperation with the United Nations High Commissioner for Refugees (UNHCR), and the facilitation of its duty of supervising the application of the provisions of the United Nations (UN) Conventions and the Protocol.

Sec. 4. Definition of terms. - For purposes of this Act, the following terms are

hereby defined: a) "1951 UN Convention" refers to the 1951 United Nations Convention relating to the Status of Refugees; b) "1967 Protocol" refers to the 1967 Protocol relating to the Status of Refugees; c) "1954 UN Convention" refers to the 1954 Protocol relating to the Status of Stateless Persons;

d) "Application" refers to the formal written claim to a refugee or stateless status, as the case may be, and initiates the status determination procedure; e) "Applicant" refers to a person who has submitted the application, or in the case of a child or incapacitated person, the person on whose behalf the application was submitted; f) "Bureau" refers to the Bureau of Immigration; g) "Children" refer to persons below eighteen (18) years of age; h) "Commissioner" refers to the Commissioner of the Bureau of Immigration; i) "Dependent" includes persons with disabilities and persons at least 60 years old unable to fully take care of themselves, related within the fourth degree by consanguinity or affinity to the Applicant; j) "DFA" refers to the Department of Foreign Affairs; k) "Exclusion" refers to any of the circumstances warranting disqualification from recognition as a Refugee under the 1951 UN Convention, or a Stateless Person under the 1954 UN Convention; 1) "Family Members" refer to the spouse and children who accompany the Applicant. The term also includes any person who is a dependent of the Applicant; m) "Protection Board" refers to the Refugees and Stateless Persons Protection Board; n) "Protection Officer" is a technical staff of the Protection Board, who evaluates and processes the claim of the Applicant to refugee or stateless status and their eligibility for protection; o) "Refugee" is a person who "owing to 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 or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her

former habitual residence, is unable, or owing to such fear, is unwilling to return to it"; p) "Secretary" refers to the Secretary of the Department of Justice; q) "Stateless Person" is one "who is not considered a national by any State under the operation of its law"; and r) "UNHCR" refers to the United Nations High Commissioner for Refugees.

Sec. 5. State Responsibility. - The State has the following obligations:

a) The State shall not remove or expel a refugee, save on grounds of national security or public order, from the Philippines to a country where he or she would be at risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion; and b) The State shall not impose penalties on refugees who enter Philippine territory albeit illegally, when they come from a territory where their life or freedom was threatened. Provided, That they present themselves without unreasonable delay to the authorities and show good cause for their illegal entry or presence. No undue restriction on movement or travel shall be imposed other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. Reasonable time shall be allowed for such refugees to obtain admission into another country if they so decide for such an option.

Sec. 6. Rights of Refugees and Stateless Persons. - The rights of refugees

under the 1951 UN Convention and the 1967 Protocol, as well as the rights of the stateless persons under the 1954 UN Convention, are hereby adopted.

Sec. 7. Obligations of Refugees and Stateless Persons. - Refugees and

stateless persons have the obligation to abide by the laws and regulations of the Republic of the Philippines, as well as the measures for the maintenance of public order and national security. Their manifest willingness to abide by this obligation shall be a non-waivable condition for their admission and continued stay within Philippine territory.

Sec. 8. Refugees and Stateless Persons Protection Board. - The Refugees and

2 Stateless Persons Protection Board ("'Protection Board") is hereby created as the 3 central authority in matters relating to the determination of the status of refugees and stateless persons and their eligibility for protection. Accordingly, the Bureau of Immigration's principal responsibility "for the administration and enforcement of immigration, citizenship, and alien admission and registration laws" under the 7 Philippine Immigration Act of 1940 (Commonwealth Act No. 613, as amended) and 8 the Administrative Code of the Philippines of 1987 (Executive Order No. 292), in so 9 far as it relates to the determination of the status of refugees and stateless persons and their eligibility for protection, is hereby modified and transferred to the Protection Board. Likewise, the Refugees and Stateless Protection Unit (RSPPU) in the Legal Staff of the Department of Justice is hereby abolished, and its duties and responsibilities are transferred to, and assumed by the Protection Board.

Sec. 9. Composition of the Protection Board. - The Protection Board shall be

composed of the Secretary of the Department of Justice ("Secretary"), or his/her representative with a rank of at least Assistant Secretary, as ex officio Chairperson; the Secretary of the Department of Foreign Affairs, or his/her representative with a rank of at least Assistant Secretary, as ex officio Vice Chair; the Commissioner of the Bureau of Immigration ("Commissioner"); the National Security Adviser, or the latter two (2) officials' representatives with a rank of at least Director, as ex officio members; and four (4) other members to be appointed by the President for a non-renewable term of five (5) years: Provided, that there shall be appointed three (3) lawyers who shall at least have the qualification of a regional trial court judge; Provided further, that all four (4) appointees shall have relevant training and experience in either areas of human rights, immigration, social work, or refugee protection.

Sec. 10. Powers and Functions of the Protection Board. - The Board shall have

the following powers and functions: a) To prescribe rules and regulations necessary to carry out the provisions of this Act; b) To receive, examine and decide applications for status as refugee or stateless persons, and resolve requests for provisional protective measures related to pending applications;

c) To set the guidelines for the operations of the Secretariat, which shall be under the control and direct supervision of the Board; d) To promote programs related to the protection of refugees and stateless persons; e) To closely coordinate and cooperate with the UNHCR, particularly by facilitating the latter's duty of supervising the application of the provisions of the 1951 UN Convention and the 1954 UN Convention; f) To make reports to the competent organs of the UN, including the UNHCR, in the appropriate form with information and statistical data requested concerning: the condition of refugees and stateless persons; the implementation of the 1951 UN Convention and the 1954 UN Convention; and laws, regulations and decrees which are, or may hereafter, in force relating to refugees and stateless persons; and g) To perform such other functions on matters relating to its mandate, as may be determined by the President.

Sec. 11. Relationship with the Department of Justice. - The Protection Board

shall be attached to the Department of Justice for coordination of its policies and programs.

Sec. 12. Operating Budget. - The initial operating budget of the Protection

Board shall be Ten million pesos (Php 10,000,000.00). Thereafter, such sums as may be necessary for its continued operation shall be included in the annual General 23 Appropriations Act.

Sec. 13. Application. - The Application may be filed directly with the Protection

Board, or in any office of the Bureau in the port of entry/admission of the Applicant. In the latter case, the Commissioner or the concerned immigration officer shall transmit the application to the Protection Board within ten (10) days from the date of receipt thereof: Provided, That the Applicant's travel document, identification document including proof of relationship to any accompanying family members, and such other documents to support the claim to refugee or stateless status shall be attached to the Application.

Sec. 14. Effect of the Application. — The Protection Board shall notify the

Commissioner of the receipt of the application. Following receipt of the notice, any proceeding for the deportation or exclusion of the Applicant and/or his or her dependents shall be suspended. If the Applicant and/or his or her dependents is/are in detention, the Secretary, subject to the conditions that he or she may impose, may direct the Commissioner to order his or her and/or their release. The Commissioner shall furnish the Protection Board a copy of the Release Order.

Sec. 15. Priority of Refugee Status Determination. - If a refugee claim appears

to exist in the Application for recognition as a stateless person or in the processing thereof, the stateless status determination shall, with the consent of the Applicant, be suspended and the application shall be considered first for refugee status determination. If the claim for refugee status is denied with finality, the stateless status determination shall automatically proceed.

Sec. 16. Burden of Proof. - The responsibility of proving a claim to refugee or

stateless status is a shared and collaborative burden between the Applicant and the Protection Officer. The Applicant has the obligation to provide accurate, full and credible account or proof in support of his/her claim, and submit all relevant evidence reasonably available. A finding that the Applicant is a refugee is warranted where he or she has met the definition of the refugee under this Act. The finding that the Applicant is stateless is warranted where it is established to a reasonable degree that he or she is not considered a national by any State under the operation of its laws. This involves the examination of the nationality laws of the country with which the Applicant has a relevant link (by birth, descent, marriage or habitual residence).

Sec. 17. Rights of an Applicant. -

a) An applicant shall not be deprived of refugee or stateless status, and shall not be discriminated in the application of the Conventions, on account of race, religion, political opinion, membership in a particular social group, or country of origin; b) An applicant and/or his or her dependents during the pendency of his or her application, or a refugee shall not be expelled or returned

to a country where there are valid reasons to believe that his or her life or freedom would be threatened on account of his or her race, religion, nationality, membership in a particular social group or political opinion; c) An applicant for refugee status and/or his or her dependents shall not be punished on account of his/her illegal entry or presence in the country, provided he or she presents himself or herself without delay to the authorities and/or shows good cause for his or her illegal entry or presence; d) As much as possible, the approval of an application should consider the preservation and promotion of family unity; e) An applicant shall not be detained on account of being stateless or refugee; f) The Applicant has the right to legal counsel; g) The Applicant is entitled to have the services of an interpreter, if necessary, at all stages of the refugee status determination and for the purposes of the preparation of the written application and for the interview; h) The Applicant shall not be denied access to the UNHCR; and i) If an applicant is a person with disability, he/she shall be provided necessary assistance to present his/her case to the Board, including but not limited to medical support and sign language interpreters.

Sec. 18. Interview. — The Protection Officer shall interview the Applicant to

receive evidence, oral and/or documentary, to substantiate the claim. The Applicant has the right to have the interview conducted in a manner that shall ensure confidentiality.

Sec. 19. Decision. - A written decision on the Application shall be rendered by

the Protection Board within sixty (60) days from submission of the report and recommendation concerning an Application. The Protection Board shall notify the Applicant of the decision in writing recognizing refugee or stateless status. In case the application is disapproved, the

decision shall state the reasons supporting the same, a copy of which shall be furnished to the Applicant. The decision shall include a finding that the person is not excluded under Sec. 28 of this Act. If the application is approved, the decision shall expressly state that the grant of status as a refugee or stateless person shall be subject to the non-waivable condition that he/she shall comply with the obligations of such protected persons pursuant to Section 7 of this Act.

Sec. 20. Request for Reconsideration. - In case the application is disapproved,

the Applicant may request reconsideration of the decision. Only one (1) request shall be allowed to be filed within thirty (30) days from receipt of the decision. The Protection Board shall issue a written resolution on the reconsideration within thirty (30) days.

Sec. 21. Finality of Decision. - Where the application is denied with finality,

the Applicant shall be given sufficient time to leave the country unless he or she holds another immigration status or the Commissioner has authorized his or her continued stay. Any deportation proceeding that has been suspended pursuant to Section 14 hereof may be reactivated.

Sec. 22. Effects of Recognition. - Refugees and stateless persons may enjoy

and exercise such rights and privileges accorded by the UN Conventions, subject to Philippine laws and regulations. The benefits of recognition, as appropriate, shall automatically apply to the accompanying Family Members. The Protection Board shall notify the Commissioner of its decision.

Sec. 23. Non-Suspension of the Stateless Status Determination. - In the case

of application for stateless status, this procedure shall proceed notwithstanding the Applicant seeking acquisition or reacquisition of nationality, resettlement in another country, readmission to former country of residence, or is subject to deportation or extradition.

Sec. 24. Grounds for the Termination of the Procedure. - The procedure shall

terminate on any of the following grounds: a) Withdrawal of the application; b) Abandonment of the application; or c) Death of the applicant.

In case of death of the Applicant, the application shall survive in respect to the accompanying family members who are included in the application.

Sec. 25. Applicants Requiring Assistance. - The Protection Board shall ensure

that unaccompanied minors, persons with disabilities, and other persons unable to fully take care of themselves are referred to the appropriate government agencies and/or non-government organizations for their care, welfare, and access to legal services, including the filing of the appropriate application.

Sec. 26. Provisional Measures. - Pending decision or finality of judgment in

the Application, an Applicant, through the Protection Officer, may apply with the Protection Board, and may be granted such provisional measures, which are reasonably necessary to protect the personal security, liberty, and property of the Applicant: Provided, That this provision is without prejudice to the continued application of Executive Order No. 304 dated 31 August 1987 authorizing the Task Force on Refugee Assistance and Administration, and the Department of Foreign Affairs to respectively issue identity papers and travel documents to refugees and stateless persons staying in the Philippines.

Sec. 27. Confidentiality of Information. — The information provided by an

18 applicant shall be confidential and may only be used to make the determination of the veracity of the factual statements in the application.

Sec. 28. Persons Excluded. - The benefits received under this Act shall not

apply to those persons excluded from the application of 1951 U.N. Convention and the 1954 U.N. Convention.

Sec. 29. Finality of the Decision Denying Recognition. - The decision denying

recognition is deemed final where the Applicant did not request reconsideration of the decision denying recognition or seek judicial review.

Sec. 30. Initiating Proceedings for Cancellation, Revocation and Cessation of

Refugee Status. - The Board may, motu proprio, or upon a verified complaint, initiate proceedings for cancellation, revocation or cessation of refugee status.

Sec. 31. Grounds for the Cancellation of Refugee Status. - The refugee status

shall canceled if: a) The recognition was granted as a result of intentional misrepresentation or concealment by the Applicant or a thirty party

of facts that were material to the determination of his/her refugee status; or b) There is new evidence that shows that the Applicant ought not to have been recognized as a Refugee.

Sec. 32. Revocation of Refugee Status. - The refugee status shall be revoked

where there has been a finding that the person granted refugee status is excluded under Section 28 of this Act.

Sec. 33. Cessation of Refugee Status. - The refugee status shall cease if a

Refugee: a) voluntarily re-availed himself or herself of the protection of the country of his or her nationality; b) voluntarily re-acquired his or her lost nationality; c) voluntarily acquired a new nationality and enjoys the protection of the country of his or her nationality; d) voluntarily re-established himself or herself in the country he or she left, or in a country where he or she remained owing to fear of persecution; e) enjoys the protection from the country of his or her nationality, because the reasons in connection with which he or she was granted refugee status have ceased to exist; or f) not having a nationality, returned to his or her country of habitual residence due to changed circumstances.

Sec. 34. Reinstatement of Stateless Status Determination Procedure. - If the

refugee status has been canceled or revoked or has ceased for any of the foregoing grounds, except under subsections "'b" and "c" of Section 33 herein, and the application includes a claim to the stateless status which has been suspended under

Section 14 herein, the procedure to determine stateless status shall then proceed.

Sec. 35. Cancellation of Stateless Status. - The stateless status shall be

canceled where the stateless person has obtained a nationality or reacquires his or her former nationality.

Sec. 36. Revocation of Stateless Status. — The stateless status shall be

revoked where:

a) recognition was granted on mistake of fact or law; b) recognition was obtained by means of fraud or intentional misrepresentation; or c) new evidence indicates that the stateless person ought not to have been recognized as such.

Sec. 37. Reconsideration of Decision and Judicial Review. - A refugee or

stateless person may seek reconsideration and judicial review of the cancellation, revocation or cessation of the status as provided herein.

Sec. 38. Notification to the Bureau. - The Protection Board shall notify the

Bureau when the cancellation, revocation or cessation of the refugee or stateless status has become final.

Sec. 39. Removal of a Refugee or a Stateless Person. - A Refugee or Stateless

Person may be removed from Philippine territory: a) where he or she has been convicted with finality of a serious offense and is considered a danger to the community after having served his or her sentence; or b) on grounds of national security or public order. The expulsion shall only be in pursuance of a decision reached in accordance with due process of law. Except where there are threats to national security, the refugee or stateless person shall be allowed to submit evidence to clear himself or herself, and to appeal and be represented by legal counsel for that purpose before a competent authority. The refugee or stateless person subject of removal shall be allowed a reasonable period within which to seek admission into another country.

Sec. 40. Implementation. — The Protection Board shall convene within three

(3) months from the effectivity of this Act and shall issue the necessary rules and regulations within three (3) months thereafter.

Sec. 41. Separability Clause. - Should any provision of this Act be declared

invalid, the remaining provisions shall continue to be valid and subsisting.

Sec. 42. Repealing Clause. - All laws, presidential decrees and issuances,

executive orders, rules and regulations or part thereof, which are inconsistent with this Act, are hereby repealed or modified accordingly.

Sec. 43. Effectivity. — This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,