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.