“Legal obligations that exist but cannot be enforced are ghosts that are seen in the law but are elusive to grasp.” (J. HOLMES)
In the so many years that the Philippine’s Foreign policies have been created and enacted upon, it has done great deals of development to many parts of our country’s economy and relationship with foreign countries. Going back to basic information, Philippine foreign policy is considered to be an extension of domestic policy. It provides different types of approaches in strengthening our ties with different foreign countries and as well as their relationship with us. The policies made by country are directed to three main goals: Preservation and enhancement of national security, Promotion and attainment of economic security, Protection of the rights and promotion of the welfare and interest of Filipinos overseas. This three so-called pillars of foreign policy tackles all other sub-topics necessary, but I want to specifically discuss only one: The protection of the rights and promotion of the welfare and interest of Filipinos overseas or plain Protection of nationals.
A Filipino overseas is a person who is born in the Philippines and is living outside of the country either for work or other reasons. There are more than 11 million overseas Filipinos worldwide, about 11% of the total population of the Philippines. And the remittances they get actually helps in the economy. Remittances by OFWs grew by 7 percent to $4.339 billion in the first quarter of the year from $4.057 billion a year earlier.
Last year, the money transferred by OFWs to relatives in the Philippines went up by 5.4 percent to a record $17.348 billion from $16.426 billion. But the sad part of this is that Filipino’s overseas face a lot of dangers staying in a place that counts them as a least priority. In places like Saudi Arabia, Iraq and other Middle East countries some Filipino workers who are vulnerable with the situation get killed in bombings and shoot outs, some are sexually harassed, and treated as slaves. In Europe some are trafficked to be sex slaves and maltreated. Some Filipino’s in other parts of the world who commits crimes are sentenced with death penalty. The latter implies that final judgment of conviction has already been reached and the Filipinos concerned are simply awaiting execution. As of July 2010, there are 102 active OFW death penalty cases. Of these, 16 are OFWs in the Middle East who are charged with murder/homicide (including rape/robbery with murder). Seventy-four involve drug-related cases, most of which are in China, while three are non-drug related cases. These are few of the problems that Filipino’s abroad experience and obviously there should be something done with it. This is where Philippine Foreign Policies come into picture. The Executive branch of the Philippine government decides what policy, and to what state will the policy apply to, and will address the different problems mentioned above. In Article II section four of the 1987 constitution of the Philippines, it says that the prime duty of the government is to serve and protect the people. So it is just necessary that the Philippine government do whatever it takes to be of service to the Filipino people be it inside or outside the country. It was because of the unity of the Filipino people that the country has achieved its independence from its colonizers before and it will also be because of the Filipino people, specifically the government, that will protect and serve their co-Filipino workers abroad, who greatly help the economy. Luckily, the Philippine govt. has not let its people down and does every possible means to protect the Filipino abroad.
Some of the departments in country that has done steps in protecting nationals abroad is The Philippine Overseas employment Administration (POEA), Office of the Undersecretary for Migrant Workers Affairs (OUMWA), Office of the Undersecretary for Special and Ocean Concerns (OUSOC), Department of Labor and Employment (DOLE), and Department of National Defense (DND). These offices are just some of the offices that help in protecting Filipino workers all over the world. They play very important roles in making policies that caters to the problems the Filipino workers outside of the country experiences. The POEA is tasked to accredit al legal recruitment agencies in the country going to other countries abroad. They process the papers of the workers and register them for insurances. The office also provides pre-employment seminars and monitor conditions of the workers abroad. They also provide legal assistance to victims of illegal recruitment and if violations are made they also make sure that there will be humanly and reasonable sanctions for offenders. The OUMWA, under the Department of foreign affairs, and created by Republic Act No. 8042, or the Migrant Workers and Overseas Filipinos Act of 1995, helps the secretary and provides advice on matters that include formulating and execution of the country’s foreign policies in protecting the dignity, rights, and freedom of Filipino citizens abroad, while giving particular attention to the protection and promotion of the welfare and dignity of overseas Filipinos and deliver this approach timely to Filipino nationals. It is the third pillar of Philippine foreign policy and one of the highest priority concerns of the Secretary of Foreign Affairs and the Philippine Foreign Service Posts. The OUSOC aids the Secretary of Foreign Affairs and provides him advice on matters relating to special issues like Maritime and Ocean Concerns, Territorial Concerns, Overseas Absentee Voting, Dual Citizenship, Children in Armed Conflict, Human Rights Issues, Counter Terrorism, and Peace Processes that can also greatly affect Filipino nationals. Department of Labor and Employment (DOLE) Promotes gainful employment opportunities, develop human resources, protect workers and promote their welfare and maintain industrial peace. The scope of protection of nationals obviously does not only apply to Filipino’s abroad but also Filipino’s in the country, and so DND is in-charge of the protection of nationals in the country. There are also certain committees created by the government to protect nationals. Created in the year 2003 is the Philippine Human Rights Committee (PHRC). The committee gives aid to the president and provides advice in effectively addressing arising problems on Human Rights in the country and also abroad. The committee is part of the body whose stand makes a difference in the decision making of foreign and local policy making in the country.
We have to admit that it is not as easy as a snap of a finger to be able to make a foreign policy that perfectly works. It is a product of thorough thinking, brainstorming, and rational decision-making. A living proof of the actions made is the establishing of Regional Consular offices all around the country so that every small parts of the country gets reached by the service for persons who have plans of getting passports and the like. Another is the “labor deployment ban in five specific countries” this prohibits the sending of Filipino workers to countries like Afghanistan, Iraq, Lebanon, Jordan and Nigeria following an assessment of the security and labor conditions in said countries. “Our purpose is to keep away our overseas workers from harm and avoid further risks to their lives," DFA Undersecretary for Migrants Workers' Affairs Esteban B. Conejos, Jr. said explaining the purpose of the ban. The security situation in Afghanistan, according to the DFA Undersecretary, remains unstable and volatile. Last March 20, a Filipino carpenter was killed and another injured in a rocket attack in Kandahar. There is an existing labor and travel ban to Iraq due to continuing security concerns. Labor deployment to Nigeria is also on hold, especially to those working or traversing the Niger Delta, the hotbed of local militancy. With the improved security situation in Lebanon, the lifting of the labor deployment ban is being considered given some progress in the conclusion of a bilateral labor cooperation agreement that will ensure the protection of the welfare of Filipino workers, specifically minimum wage, reasonable rest periods and decent working and living conditions. The Government issued the ban to Lebanon in 2006. There is also a current ban in the deployment of household workers to Jordan. Considering the loss of job for worker the DFA is to establish bilateral agreements with each of the countries to address the issues of security and protection of Filipinos. Anti Trafficking in Persons act of 2003 is a foreign policy of the Philippines that makes trafficking in persons, protection and support of trafficked persons a crime. This act also provides for the establishment of the Council for Anti - Trafficking in Persons. The act formulates policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, providing sanctions and penalties for violators and other purposes. There are instances that some Filipinos abroad violate laws abroad and since they are under the jurisdiction of the state they have to follow their laws and penalties for violators. Filipinos have cases of being sentenced of death penalty. Although it is not legal on our country we cannot question their way of government. But what our country can do is talk to the state involved and come to a compromise. Our Department of Foreign Affairs (DFA) is extending full legal and other assistance to overseas Filipino workers (OFWs) involved in death penalty cases all over the world. Legal counsel assists all the accused OFWs and regularly updates on the status of their cases and is submitted by the concerned embassies or consulates general to the DFA. The Philippine Government has mediated regularly through the Secretary of Foreign Affairs and the President, on behalf of numerous OFWs with death penalty cases. The DFA recommends further Presidential intercessions as the need arises. As a result, Since January 2006, through the efforts of the DFA, 35 impositions of death penalty have been commuted to life imprisonment. Of these, 15 were already sent back to the Philippines while 20 are currently serving commuted sentences. As proof of the Philippines’ close ties with other states and result of having a healthy relationship with them, some countries help us in promoting Human rights in the country. The European Union is supporting Philippines in its goal of solving issues on human rights. Today, the two countries has launched Philippine-EU Justice Support Program (EPJUST) that aims to assist the Philippine Government in addressing the problems of extralegal killings and enforced disappearances. The program was signed on 8 October 2009 by Executive Secretary Eduardo R. Ermita, Chairman of the Presidential Human Rights Committee, and EU Ambassador Alistair McDonald for the European Union. The EPJUST is an 18-month-long program, with an approved budget of €3.9 million, which will assist the Philippine Government, particularly the criminal justice system and the Commission on Human Rights (CHR), and civil society organizations (CSOs), in solving extralegal killings and enforced disappearances. Under the project, the EU offers to provide technical assistance in the country in forms such as sending a EU Expert Team that will help and provide advice in developing and enhancing the capacity of the Philippine government in combating problems on human rights in the country. Undersecretary Severo S. Catura, the Executive Director of its secretariat, explained that the "Philippine government has clear directions and takes pride in milestones in its human rights advocacy." He cited numerous steps to address all allegations of human rights violations, such as the following:
- Creation of several investigative groups to work on the issue of unexplained killings, such as the Melo Commission,7 Task Force Usig,8 and Task Force 211.9 In support of this, the PHRC, in partnership with the Department of Justice (DOJ), Department of Interior and Local Government (DILG), and the Supreme Court's Office of the Court Administrator (OCA), began the consolidation of all human rights cases under a standard databank.
- Engagement of the civil society groups through monthly Human Rights Forums led by the PHRC, which is now on its fourth session. This resulted in the creation of the Philippine OPCAT Working Group, Multi-sectoral Partnership Against Disappearances, and the Multi-sectoral Partnership for the Protection of Migrant Workers' Rights. The PHRC also requests appropriate agencies to look into all human rights cases referred to it by civil society groups from around the world.
- Continuing human rights education and training for
- law enforcement organizations in partnership with the Commission on Human Rights of the Philippines (CHRP). PHRC proposed an assessment of the impact of all on-going human rights education and training activities of the CHRP.
- Lawyers and paralegals by the Philippine Judicial Academy (PHILJA) to ensure the effective prosecution of extrajudicial killings. - Support for appropriate legislative actions, such as the enhancement of the CHRP Charter, the anti-torture law, anti-discrimination bill, and other related legislative actions.
- Setting up of institutionalized mechanisms, such as the Comprehensive Agreement on Human Rights and International Humanitarian Law (CAHRIHL) to address human rights abuses reported in relation to the peace process between the Philippine government and the local Communist movement. This is in line with the policy of the Philippine government that human rights shall remain a component of the peace process.
The protection of Filipino nationals is a very significant pillar in creating foreign policies because this talk about safeguarding the life of every Filipino that makes up our country so it is just right to put great importance to their safety especially when they are no longer under our jurisdiction when they are abroad. Surely criticisms are inevitable and also challenges but these challenges are the reason why there are improvement. Considering that it is not the only thing to consider in policy making, the giving of importance to all the other factors, as a result, make up what’s called a good governance. Altogether, if all foreign policies are in line with its major pillars to consider, we will surely have effective, necessary, and just policies. We see that the Philippines have suffered a lot and have made many wrongful decisions in the past but not all. With a new leader and a new administration ahead of us, there is a need for everybody to take part in governing the country, that each of us must contribute in our own little ways, the people should not be afraid of questioning the government and its governance, we should make sure that we are informed of whatever it is that happening in our country, with this all else follows including the credibility and necessity of Philippine Foreign Policies.
