Law Summary
State Policy on Protection of Refugees, Stateless Persons, and Asylum Seekers
- Philippine State reaffirms its commitment to relevant UN Conventions.
- It commits to strengthening legal and institutional mechanisms to protect persons of concern (POCs).
- The State guarantees the protection of POCs’ rights to liberty, security, and freedom of movement, providing minimum treatment standards.
- Access is assured to socio-economic services, employment, education, legal assistance, and freedom of religion.
- POCs are obliged to comply with national laws, public health measures, and public order requirements.
Key Definitions of Terms
- Asylum Seeker: An individual who formally applies for refugee or stateless status, including minors or incapacitated persons represented by others.
- Conventions: The UN treaties defining rights and status of refugees and stateless persons.
- Non-refoulement: Prohibition against returning refugees to countries where they face persecution.
- Protection: Activities to ensure respect for individual rights under human rights, humanitarian, and refugee law.
- RSPPU: DOJ unit responsible for screening and processing refugee/stateless claims.
- Refugee: Person fearing persecution for race, religion, nationality, social group, or political opinion and unwilling/unable to seek protection from their country.
- Stateless Person: Individual with no recognized nationality under any country's law.
Institutionalization of the Inter-Agency Committee
- Creation of an Inter-Agency Committee composed of high-level government officials from relevant agencies.
- The Committee’s Chairperson is the DOJ Secretary; DSWD Secretary is Vice-Chairperson.
- Members include secretaries from labor, education, foreign affairs, health, trade, interior, transportation, and representatives from other relevant government offices.
- Committee may designate authorized alternates and enlist additional government agencies, state universities, and local government units (LGUs).
- DOJ’s RSPPU serves as the Committee Secretariat.
Functions and Duties of the Committee
- Ensure policies and assistance services to POCs comply with laws and are fully implemented.
- Enhance access of POCs to documentation, courts, health, education, skills training, employment, and welfare.
- Issue guidelines on data sharing, confidentiality to effectively implement protection policies.
- Establish coordination and referral systems and maintain integrated POC databases respecting data protection laws.
- Coordinate and monitor government agency efforts and identify focal points within agencies.
- Collaborate with the UN High Commissioner for Refugees and other international bodies.
- Conduct training, awareness, and capacity-building activities.
- Form technical and sub-committees to address specific issues concerning POCs.
- Undertake other tasks as directed by the President.
Access to Courts
- The Committee shall coordinate with the Judiciary to guarantee POCs' access to judicial processes.
- Ensure that POCs receive swift and fair administration of justice.
Local Integration of Persons of Concern
- LGUs are encouraged to integrate POCs into local communities via relevant information campaigns and support programs.
- Integration should be included in development and emergency response planning.
Engagement with Non-Government Entities
- Committee may collaborate with civil society, NGOs, private sector, academia, community organizations, faith-based groups, and people’s organizations.
- Collaborative implementation aims to broaden support networks for POCs.
Confidentiality of Information
- All information gathered in carrying out protection mandates shall be kept confidential.
- Procedures related to refugee, stateless, and asylum claims must maintain confidentiality throughout all stages.
- Exceptions allowed only under legally issued rules or where national security interests are at risk.
Funding
- Initial funding comes from the budgets of concerned government agencies.
- Future funding to be incorporated in agency regular appropriations through standard budget processes.
- Department of Budget and Management to ensure inclusion of protection initiatives in annual budget proposals.
Separability Clause
- If any provision is declared invalid or unconstitutional, the rest of the Order remains in full force and effect.
Repealing Clause
- All inconsistent orders, rules, or regulations are repealed, modified, or amended to conform with this Order.
Effectivity
- The Order takes effect immediately upon publication in the Official Gazette or a newspaper of general circulation.