Divergent views

Are the cracks beginning to show in the vaunted partnership between President Marcos and Vice President Duterte? I get this question a lot from close associates and political supporters. First, there was the House leadership ‘drama’ involving key UniTeam figures. Now comes a statement from former president Rodrigo Duterte that there might be a kink in the alliance – days after Inday Sara’s opposition to America’s request for the Philippine hosting of Afghan nationals – was made public in a Senate inquiry. On a rare occasion, Inday Sara weighed in on matters involving foreign policy – a realm under PBBM’s prerogative. As the Supreme Court stated, the Chief Executive is the sole organ and authority in our external relations.

The executive department is currently evaluating the legal and practical considerations related to the proposed temporary stay of Taliban-persecuted Afghans in our country. These former American government employees are not classified as refugees but as non-immigrants, according to the Department of Foreign Affairs (DFA). Unfortunately, our visa-free policy does not extend to Afghan nationals. To lawfully enter our country, they must secure a Philippine visa only at our embassy in Islamabad, Pakistan.

In my last column, I discussed the internationally-recognized definition of refugees or asylum-seekers. The Convention Relating to the Status of Refugees defines them as unable or unwilling to return to their homeland owing to a well-founded fear of persecution based on their race, religion, nationality, membership of a particular social group or political opinion (United Nations High Commissioner for Refugees).

They are protected by the principle of non-refoulment. It prohibits States from transferring or removing individuals from their jurisdiction or effective control when that person upon return would be at risk of irreparable harm such as persecution, torture, ill-treatment or serious human rights violation (UN Officer of the High Commissioner for Human Rights). Either the UNHCR or the concerned governments undertake a legal or administrative process to determine whether a person seeking international protection is considered a refugee under international or national law.

Refugee sanctuary

In 2012, our justice department created the Refugees and Stateless Persons Protection Unit, which coordinates with government agencies, non-government organizations and the UNCHR. The unit facilitates a fair, speedy and non-adversarial procedure to identify, treat and protect the said individuals.

In the special provisions of the Commonwealth Act No. 613, the President has the power to admit aliens who are refugees for religious, political or racial reasons, in such classes of cases and under such conditions as he may prescribe. Provided, of course, that the entry of these refugees does not oppose the country’s public interest.

Had I known the issue beforehand, I would have humbly suggested it to my former colleague under the Duterte administration, fellow STAR columnist and current US Ambassador Babe Romualdez. He must be feeling tremendous pressure from the American government. However, even if we are more than willing to extend humanitarian assistance to these Afghan nationals, it should be undertaken within the purview of our Constitution and pertinent domestic laws. We cannot acquiesce to America’s request sans any legal basis.

I would have told Ambassador Romualdez to advise the fleeing Afghan nationals to take a humanitarian flight en route to the Philippines and request our government for an emergency landing of asylum-seekers in a port of entry like the Clark International Airport.

If that is the case, we do not have a choice but to admit them into our territory based on the 1951 Refugee Convention as amended by its 1967 Protocol. Our government is obligated to process and vet their claims for refugee status before their eventual resettlement in the US. While they wait for their American immigrant visas, our government cannot prosecute them for illegal entry.

After all, the Philippines has been providing sanctuary and humanitarian assistance to asylum-seekers and stateless individuals since 1923. However, if we categorize Afghan nationals as non-refugees, their entry can be considered unlawful. They become subject to criminal prosecution and immediate deportation.

No more UniTeam?

Given that the President has the sole authority to transact the business of external affairs, what will happen to the UniTeam should PBBM decide to grant America’s request? It is not farfetched since the Biden government made their request in October and tackled the issue with PBBM in his US visit last May.

It means that, for the first time, our two highest elected officials would have a fundamental policy disagreement based on sovereignty and national security. I also agree with FPRRD’s observation that it would create a fissure in the Marcos-Duterte tandem. Will it cause an even bigger crack and ultimately a breakdown of this dominant political alliance? I do not think so.

As a Cabinet member and a lawyer, Sara is well aware that she has the right and duty to provide an expert opinion on our foreign policy. As a law professor and UniTeam member, I have similarly voiced my opinion against the entry of Afghan nationals as non-refugees. The defense and foreign affairs departments have also weighed in on its legality and possible security risks. I believe the administration must remain open to diverse and divergent views within and outside the UniTeam to arrive at the most acceptable solution to this contentious policy issue. It should also welcome the opinions of the other branches of government, social institutions and even opposition parties.

But PBBM as the chief architect will always have the final say. Both Inday Sara and I will have to bow to the wisdom of the President on this issue. Thankfully, he has yet to make a final decision. From all indications, the Chief Executive seems to be carefully studying the possible ramifications of the issue on our national interest. It also shows that he values the foreign policy input of his Cabinet secretaries, particularly that of the Vice President.

Personally, I know that PBBM and Inday Sara have great admiration for each other. Their partnership is built on mutual trust and respect. Ergo, the UniTeam remains strong as ever.