Policy on Protection and Rights of Persons of Concern (POCs)
- The State recognizes the relevance of international refugee and statelessness conventions and commits to strengthening legal protections, especially during emergencies.
- Persons of Concern (POCs) include refugees, stateless persons, and asylum seekers.
- The State guarantees POCs rights to liberty, security, freedom of movement, access to socio-economic services, employment, education, judicial participation, legal assistance, and religious freedom.
- POCs are obliged to comply with national laws safeguarding public health, order, and security.
Definitions of Key Terms
- Asylum Seeker/Application: A person filing for refugee or stateless status; includes minors/incapacitated persons represented by an applicant.
- Conventions: The relevant international refugee and statelessness treaties.
- Non-refoulement: Customary international law preventing expulsion of refugees to territories where their life or freedom is threatened.
- Protection: Activities ensuring respect for individual rights under human rights, humanitarian, and refugee law.
- RSPPU: DOJ unit responsible for assessing refugee/stateless status claims.
- Refugee: A person fearing persecution due to race, religion, nationality, social group, or political opinion, outside their country and unable or unwilling to seek its protection.
- Stateless Person: A person not recognized as a national by any state under domestic law.
Institutionalization of the Inter-Agency Committee
- Establishes the Inter-Agency Committee on Protection of Refugees, Stateless Persons and Asylum Seekers, chaired by the DOJ Secretary.
- Committee membership includes top officials from various departments (Social Welfare, Foreign Affairs, Education, Labor, Health, DTI, Interior, Transportation, and others) and bodies (PSA, CHED, TESDA, Immigration, Public Attorney’s Office, Professional Regulation Commission, etc.).
- Members may designate authorized alternates.
- The Committee may invite other government agencies, including local government units and state universities, to participate.
- The DOJ's RSPPU acts as Secretariat, providing technical and administrative support.
Functions and Duties of the Committee
- Ensure protection policies and services for POCs comply with laws and implement these fully.
- Enhance POCs’ access to courts, documentation, healthcare, education, skills training, and livelihoods.
- Issue guidelines on data sharing, confidentiality, and direct agencies to promulgate relevant regulations and programs.
- Establish integrated coordination and referral systems for protection services and maintain an updated POC database with data privacy safeguards.
- Coordinate and monitor implementation of the inter-agency agreement and this Order, including designating agency focal units.
- Cooperate with the UN High Commissioner for Refugees and other international entities in implementing international conventions.
- Conduct training, information campaigns, and capacity building.
- Create technical working groups to handle specific issues concerning protection and services for POCs.
- Undertake other tasks as directed by the President.
Access to Courts
- The Committee shall coordinate with the Judiciary to guarantee POCs access to courts and ensure timely justice in accordance with international law.
Local Integration of POCs
- Local Government Units are encouraged to facilitate POCs’ integration by promoting awareness campaigns and incorporating support programs into local development and emergency response plans.
Engagement with Non-Government Entities
- The Committee may collaborate with civil society, NGOs, private sector, academe, faith-based groups, POC communities, and people’s organizations to enhance implementation and support structures for POCs.
Confidentiality
- Information related to asylum requests and refugee/stateless status claims shall be kept confidential.
- Such confidentiality applies to all stages of the procedures, including the fact that an application was made, except where national security interests require disclosure.
Funding
- Initial funding for implementation is charged to concerned agencies’ budgets.
- Future funding shall be included in regular appropriations following standard budget processes.
- The Department of Budget and Management is responsible for ensuring that protection initiatives for POCs are included in the National Expenditure Program.
Separability Clause
- If any provision is declared unconstitutional or invalid, remaining provisions shall continue in full force and effect.
Repeal Clause
- Any orders, rules, or regulations inconsistent with this Order are repealed, modified, or amended accordingly.
Effectivity
- The Order takes effect immediately upon publication in the Official Gazette or a newspaper of general circulation.