Thursday, July 22, 2010

MIdterm Exam || Protection of Nationals

Protection of Nationals
Foreign policy is considered the extension of a country’s domestic policy. Three elements are most important in formulating such policies: Preservation and enhancement of national security, Promotion and attainment of economic security and Protection of the rights and promotion of the welfare and interest of Filipinos overseas.

A country with a government is useless if there are no people to govern in the first place. Nationals of the country play a vital role as much as the government does. Protection of nationals then is a major responsibility of the government and this topic will be the focus of this paper. The responsibility covers not only the nationals inside the country but most importantly, the ones that reside in the different parts of the world. Different institutions and departments work together to implement policies to protect Filipino nationals. The Department of Foreign Affairs, given the mandate to implement the foreign policies has the greatest responsibility over our nationals outside the country. According to Article 3, 1b of the Vienna Convention on Diplomatic Relations, it is the task of the diplomatic mission to “protect in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law”

The Philippines has been sending nationals to the different parts of the world. The nationals themselves decide to migrate mostly for the reason of seeking for greener pastures and some for personal and other reasons. For the past decades since migration started, several cases of human rights violation and crimes involving Filipino nationals have been recorded. There are cases which got the attention of the media and made the Filipino people aware. Many Filipinos have been sentenced to death or have been given a life sentence. Unfortunately, some were not even reported and therefore not recorded. As these events happen, where is the government? Where are our embassies and representatives to take care of our Filipino nationals? It is not to say that they are not doing anything but maybe what they are not doing is not enough or our policies are too weak to protect our nationals. The fault could not be limited to the Philippines’ government or representatives but also to countries where our nationals are being deployed. Also, the policies of ours could conflict the policies of other countries.

Human rights violation has been an issue to begin with. Many Filipinos were sentenced to death and up to this day, many overseas Filipinos are in dire need of assistance from our ambassadors and consuls. In the Philippine history, the 1995 case of Flor Contemplacion opened the eyes and hearts of the Filipino people. The ability and credibility of the government with the Department of Foreign Affairs was tested in this case. During Flor’s imprisonment, it is said that the Philippine embassy officials visited her 9 times which can be considered few as of the total time she was imprisoned. The Philippine president during that time (Pres. Ramos) appealed a number of times to the Singaporean government to stay the execution. Stay meaning have a reinvestigation of the case. But in the end, Flor Contemplacion was hung and this event affected the relationship of Philippines to Singapore. Philippine ambassador to Singapore had been recalled and vice-versa. Singaporean flag was burnt in Manila by private citizens.
Who can we blame in this case? Are our officials responsible for the death sentence of Flor? Is there a possibility that this event could have not been pursued? 15 years after the death sentence, Filipinos will still have different point of views in this matter. Some would say that the government had done its part but most would say that they did not and could have done something to stop the execution. This is just one case where the credibility of the government and DFA had been tested when it comes to protecting our nationals.

As of what happened in the case of Flor Contemplacion, Philippine relations with Singapore was affected. As our government protects the nationals, they put in risk the relationship of the Philippines with other countries. One concrete example is the incident of Angelo Dela Cruz, a truck driver in Iraq last 2004. He was threatened to be killed by Iraqi insurgents. The only way he can be released is to pull out Filipino troops in Iraq. To save Angelo Dela Cruz, the Philippine government pulled the Philippine troops and he was able to return home safe. By this act of the government, the Americans were disappointed and the relationship of Philippines was affected as well. The American government points out that by doing such acts, the Philippines tolerated the act of “terrorists”.

The above mentioned cases tested our government and DFA as they decide over the protection of our nationals outside the country. The acts of our officials had a basis and it is our foreign policy. The results and consequences depend on the acts made by them. Our foreign policy then speaks a lot as its strength gives life to our nationals. Laws for our overseas Filipinos exist and must be implemented to protect the welfare of our nationals. After the Flor Contemplacion case, Migrant Workers Act of 1995 was made to protect our overseas Filipino workers. Its provisions focus on the process of deployment, illegal recruitment, services, government agencies, legal assistance for migrant worker affairs, the country-team approach, deregulation and phase out, professional and other highly skilled Filipinos and miscellaneous. Such laws guide our officials as they implement and strengthen policies to protect our nationals. If only, the above mentioned provisions are given enough attention and properly implemented, protecting our nationals outside the country would be easier.
In the deployment process, it is stated in Article 1 sec. 4 that “The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected.” This provision makes sense although it is vague. Although the Philippines has recognized countries that protect the rights of the Filipino, check and balance must be done after they have been deployed. Like what is happening in many countries now, Filipinos are being abused. So, is this still part of respecting their rights?

Fifteen years after the act was made, illegal recruitment stays a problem in the Philippines. Filipinos still entertain illegal recruitment even though it is known to be prohibited. Illegal recruitment is defined as “any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines.” Cases of illegal recruitment are obvious in the Philippines. Departments and Institutions are aware that such exist and it is their responsibility to combat any group that will try to violate the Philippine law. Although there are several cases in which the government was able to combat some, many still exist in every part of the country. If one citizen is illegally recruited, his or her documents are not filed in the records of the Department of Foreign Affairs therefore limiting the capacity of the department to protect the citizen. If a crime arises and a citizen does not have a file to become one of the bases, the government still is responsible in protecting them, not the illegal group that hired them. To avoid such incidents, the government should be keen in combating these illegal groups that put out citizens’ life into danger just to gain profit. They should be heavily penalized in able for them to learn and be an example for those who attempt to do illegal recruitment. Also, those entertaining illegal recruitment must be penalized. After all, if they will not entertain the crime, no one will offer it.

The labour code has reiterated the government agencies that will help in implementing the laws. First is the Department of Foreign Affairs which “shall take priority action its home office or foreign posts, shall take priority action or make representation with the foreign authority concerned to protect the rights of migrant workers and other overseas Filipinos and extend immediate assistance including the repatriation of distressed or beleaguered migrant workers and other overseas Filipinos” Next is the Department of Labour and employment which “shall see to it that labor and social welfare laws in the foreign countries are fairly applied to migrant workers and whenever applicable, to other overseas Filipinos including the grant of legal assistance and the referral to proper medical centers or hospitals” If these responsibilities are properly addressed to, the protection of Filipino nationals would be efficient.

One of the most important provisions in the labor code is the legal assistance for migrant workers affairs. It is “primarily responsible for the provision and overall coordination of all legal assistance services to be provided to Filipino migrant workers as well as overseas Filipinos in distress” This part of the provision makes our embassies responsible for the many cases of human rights violation and crimes to our Filipino workers. This counsel is the shoulder of our fellow Filipino in the different parts of the world.

The country-team approach states that “representatives and personnel of the Philippine government posted abroad regardless of their mother agencies shall, on a per country basis, act as one country-team with a mission under the leadership of the ambassador” In case of crimes and issues involving Filipino citizens in foreign countries, this rule shall take place. This provision makes it easier to protect our nationals.

Philippine Foreign Policy should be provided together with proper implementation. Outside the country, our Filipino nationals or citizens could only seek help and assistance in the embassies and consulates. Other than that, who will they run to in times of problem or abuse? One important consideration also is the process of migration. If violations are made even before one leaves the country, the possibility of human rights violation and abuse is widen. Illegal recruitment opens the door for abusive employers and it limits the capacity of our government to protect our nationals. After all, our nationals from outside the country remit money that boosts up our Philippine economy. For so long they have been the heroes of our country. As they migrate and work, they risk their lives. To protect them wherever they go is not just a responsibility but serves as a gratitude to them. Without them, our economy could have been dead now. Again, a government without its people is nothing. A government is made to and for the people, specifically in the Philippine set up as republic-democratic country. Protection of nationals is stated in the constitution of the Philippines therefore must be given utmost importance. Yes, the government has a great responsibility when it comes to its nationals. It is never an easy responsibility for every decision will have an effect not just inside the country but the globalize community outside. A lot of factors are to be considered before making a decision. Protection of nationals is vital but national and economic security matter as well.

Tuesday, July 6, 2010

1.) What is the mandate of the Department of Foreign Affairs in terms of being the principal arm to implement foreign policy? What other institutions help/assist the DFA in realising foreign policies?

It is the responsibility of the Department of Foreign Affairs to advise and assist the Presidetn when he/she plans, organizes, directs, coordinated and evaluates the enfite effort when it comes to foreign relations. The Philippine Foreign Service Act of 1991 states that the Department of Foreign Affairs should implement the three pillars of Philippine Foreign Policy which are the following:
- Preservation and enhancement of national security
- Promotion and attainment of economic security and;
- Protection of the rights and promotion of the welfare and interest of Filipinos overseas.

The DFA implements the said mandate with the help of the other institutions such as:
1. Department of National Defense (DND)under which are the Armed Forces of the Philippines(Philippine Army, Philippine Navy, Philippine Air Force, Philippine Marine Corps), the Office of Civil Defense and the National Disaster Coordinating Council
2. Department of Trade and Industry (DTI)
3. National Economic Development Agency (NEDA)
4. Philippine Overseas Employment Administration (POEA)
5. Commission on Filipino Overseas (CFO)
6. Overseas Workers Welfare Administration
7. Office of the Undersecretary for Migrant Workers Affairs (OUMWA)
8. National Reintegration Center for Overseas Filipino Workers (NRCO)

2.)Enumerate the eight foreign policy realities of former President Arroyo. For each reality, find 2-3 related news articles then make an analysis as to what extent did the Arroyo administration work to implement the said realities.

- China, Japan and U.S and their relationship will be a determining influence in the security situation and economic evolution of East Asia.

Article Link: http://www.reuters.com/article/idUSTRE62605720100307

- Philippine Foreign Policy decisions have to be made in the context of ASEAN.

Article Link: http://www.apdip.net/news/phfossact

- The International Islamic Community will continue to be important for the Philippines.

Article Link: http://www.state.gov/g/drl/rls/irf/2006/71355.htm

- The coming years will see the growing importance of multilateral and inter-regional organizations to promote common interest.

Article Link: http://mail.pia.gov.ph/?m=12&sec=reader&rp=1&fi=p070613.htm&no=10&date=

- The defense of the nation's sovereignty and the protection of its environment and natural resources can be carried out only to the extent that it asserts its rights over the maritime territory and gets others to respect those rights

Article Link: http://www.inquirer.net/specialfeatures/spratlys/view.php?db=1&article=20080311-124157

- The country's economic policy will continue to be friendly to both domestic and foreign direct investments

Article Link: http://www.abs-cbnnews.com/business/02/16/10/foreign-investors-shunning-philippines-experts

- The Philippines can benefit most quickly from international tourism

Article Link: http://www.congress.gov.ph/download/cpbd/03-Tourism.pdf

- Overseas Filipinos will continue to be recognized for their critical role in the country's economic and social stability.

Article Link: http://aaronautics.wordpress.com/2009/06/01/the-plight-of-overseas-filipino-workers-and-the-government%E2%80%99s-role-as-manager-of-its-citizens%E2%80%99-affairs/

Analysis:

Having read different articles which are mostly made recently, if given a chance to rate the Arroyo Administration when it comes to the implementation of foreign policies, I would give her a 5 (10 as the highest). Yes, there are articles that praise the former president for having done her job as the "chief diplomat" of the country but unfortunately, most articles would say that the administration lacked effort in implementing the 8 realities. The 8 foreign policies would be great for the country only if it is properly given attention and is implemented. In the article under the investments (local and foreign), the writer concluded that there was a decrease in the foreign direct investments of the Philippines during PGMA's time, a strong manifestation that there were no strict implementations. I rated it as 5 because even though the Arroyo administration tried to have an effective foreign policy, there's a lot to improve especially in implementing the said policies. The administration for me, was not able to reach the expectations of its citizens when it comes to the foreign policies.

3.) With the assistance of different bureaus, institutions as well as interest groups, it is the president that drafts the state policies. What do you think will be included in PNOY's foreign policy list now that he has assumed the presidency? identify five issues and find news clippings (at least one for each issue) to support your answer.

As of PNOY's inaugural speech, he mentioned mostly internal problems. Fortunately, he was able to address the concerns of our overseas workers and migrants. He also made mention about our relationship with other countries. Those were the ones mentioned during his speech. He said that employment in the country will be one of his priorities.

4.) How significant is the Association of South East Asian Nations (ASEAN) in the Philippines?

Considering that the Philippines is one of the founders of ASEAN and knowing that the country believes in regional cooperation, the ASEAN will mostly be one of the important considerations when plotting the foreign policy. As indicated also in one of the eight realities, Philippine Foreign Policy have to be made in the context of ASEAN.

Monday, July 5, 2010

Philippine Foreign Policy

Philippines.

Article Link: http://www.state.gov/g/drl/rls/irf/2006/71355.htm

- The coming years will see the growing importance of multilateral and inter-regional organizations to promote common interest.

Article Link: http://mail.pia.gov.ph/?m=12&sec=reader&rp=1&fi=p070613.htm&no=10&date=

- The defense of the nation's sovereignty and the protection of its environment and natural resources can be carried out only to the extent that it asserts its rights over the maritime territory and gets others to respect those rights

Article Link: http://www.inquirer.net/specialfeatures/spratlys/view.php?db=1&article=20080311-124157

- The country's economic policy will continue to be friendly to both domestic and foreign direct investments

Article Link: http://www.abs-cbnnews.com/business/02/16/10/foreign-investors-shunning-philippines-experts

- The Philippines can benefit most quickly from international tourism

Article Link: http://www.congress.gov.ph/download/cpbd/03-Tourism.pdf

- Overseas Filipinos will continue to be recognized for their critical role in the country's economic and social stability.

Article Link: http://aaronautics.wordpress.com/2009/06/01/the-plight-of-overseas-filipino-workers-and-the-government%E2%80%99s-role-as-manager-of-its-citizens%E2%80%99-affairs/

Analysis:

Having read different articles which are mostly made recently, if given a chance to rate the Arroyo Administration when it comes to the implementation of foreign policies, I would give her a 5 (10 as the highest). Yes, there are articles that praise the former president for having done her job as the "chief diplomat" of the country but unfortunately, most articles would say that the administration lacked effort in implementing the 8 realities. The 8 foreign policies would be great for the country only if it is properly given attention and is implemented. In the article under the investments (local and foreign), the writer concluded that there was a decrease in the foreign direct investments of the Philippines during PGMA's time, a strong manifestation that there were no strict implementations. I rated it as 5 because even though the Arroyo administration tried to have an effective foreign policy, there's a lot to improve especially in implementing the said policies. The administration for me, was not able to reach the expectations of its citizens when it comes to the foreign policies.

3.) With the assistance of different bureaus, institutions as well as interest groups, it is the president that drafts the state policies. What do you think will be included in PNOY's foreign policy list now that he has assumed the presidency? identify five issues and find news clippings (at least one for each issue) to support your answer.

As of PNOY's inaugural speech, he mentioned mostly internal problems. Fortunately, he was able to address the concerns of our overseas workers and migrants. He also made mention about our relationship with other countries. Those were the ones mentioned during his speech. He said that employment in the country will be one of his priorities.

Sunday, July 4, 2010

Philippines: History and The State

It’s just so funny how we opened the class discussion. We were asked about the 3 elements of foreign policy and it took us so long before we actually answered it. National Security, economic Progress and Protection of Nationals: facts that were mentioned two meetings ago. And what? We have forgotten it? Not anymore, after this meeting, I know these three already by heart.

Our handout for the session is about history. True enough, reading the Philippine history is something that you’ll think as boring and never ending. Ever since grade school, history has been part of the curriculum. When will it end then? Taking this course (AB-CDA) and having the last lecture in phifocy made me say and realize that “Oh, this is never ending and I will never ever get rid of it”.

I am part of the Philippine history and I would want to believe that there’s a need to study such and be able to know the strengths and weaknesses of the country, from the government to its people. Reading the handouts made me discover and remember our history especially how we were able to gain independence. I’ve read this story many times but never memorized it. I just know that we were conquered by the Spanish then the Americans and then the Japanese but anything beyond done is uncertain for me. But as of the last session in phifocy, I learned a deeper and greater view of the colonization and the different administration of the Philippines. My favourite part of the discussion was that of the Martial Law. I have been so jealous that I wasn’t able to experience it. Some says it is best during that time but some says freedom was lost when martial law was declared. Whatever people say then, this era had its own strengths and weaknesses. After the discussion about the Philippine history, we talked about the state, the constitution. I’ve gone through poligov so I can say that I’ve read most of the parts of the constitution. Well, I actually have a book, a thick book but remembering our poligov class, our Philippine Constitution is so long and some of the words used are very complicated. I am even thinking if an ordinary citizen who wasn’t able to study will be able to understand what our constitution is stating. I hope my question/realization makes sense.

We ended the session with the discussion of the Philippines’ political economy wherein there are 2 key variables: The strong elite families and a weak state. We just had a new elected president in our country and I am hoping that through his leadership, we see the change that majority of us Filipinos have been looking for.