Distorting boundaries, amalgamating perspectives: A proposed integration of international law on protection of refugees and stateless persons in higher education curricula

Abstract

The United Declaration of Human Rights (UDHR) proclaims that “all human beings are born free and equal in dignity and rights, are endowed with reason and conscience and should act towards one another in a spirit of brotherhood (Article 1),” and are “entitled to all the rights and freedoms outlined in (said) Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or another status. (Article 2)” This formal declaration is supposed to be a simple institutionalization of a generally recognized realism – those human beings are born with inherent dignity, from which fundamental basic human rights flow and which provides reasonable justification for fostering justice and equality despite each person’s individuality. It is an affirmation that amidst personal and cultural divergences, human beings are called upon to respect each other primarily on account of their shared humanity, and not based on wealth, power, educational background, race, gender, and other social clusters – to treat each other fairly without discrimination. However, while the aforementioned international convention narrates a chronicle filled with beautiful social expectations, reality may be chanting a different narrative. Across different epochs, stories of horrifying violations of human rights have reverberated throughout the world. The infamous holocaust during the 2nd World War, the genocide of the Tutsis in Rwanda, and the martial law defilements during the Marcos regime in the Philippines are just some of the many horrific instances of human rights violations that have shocked humanity. One of the more prominent reasons for the occurrence of different human rights violations is deleterious discrimination – the arrogant sense of superiority that some assert over others, the conceited belief of being entitled with a guaranteed place atop the zenith of societal hierarchies at the detriment of those who do not share the same shade, nook or status. To address these discriminatory leanings of different cultures and States and provide international legal frameworks for ensuring that basic human rights are genuinely protected and promoted, the United Nations (U.N.) was created. To realize the objectives for its establishment, sundry international conventions have been crafted, negotiated, issued, and implemented. In the area of human rights protection, the primordial international convention is the UDHR. Two social groups that suffer from significant discrimination as to their capacity to properly enjoy and exercise basic human rights are refugees and stateless persons, which are governed by the 1951 United Nations Convention Relating to the Status of Refugees, and its 1967 Protocol, and the 1954 Convention Relating to Status of Stateless Persons, respectively. Because of their conditions and contextual situations, they are very vulnerable to being discriminated against and abused. This humanitarian crisis has been haunting the worldfor decades already and has also been knocking at the doorsteps of the Philippines in recent times, whose presence in the country has been rapid. Unfortunately, very few are aware of their existence, much less care about the predicaments and struggles of refugees and stateless persons worldwide and in the Philippines. It is in this context that the researcher is proposing the integration of international law on human rights, particularly that which relates to the protection of refugees and stateless persons, in the curriculum of higher education institutions (HEIs) in the Philippines.ReferencesAssociation of Southeast Asian Nations (2022). The Regional Comprehensive Economic Partnership, https://asean.org/?static_post=rcep-regional-comprehensive -economic-partnershipCommission on Higher Education (2012). Policy-Standard to Enhance Quality Assurance (QA) in Philippine Higher Education through an Outcomes-Based and Typology-Based QA. CHED Memorandum No. 46 series 2012. https://ched.gov.ph/wpcontent/uploads/2017/10/CMO-No.46-s2012.pdfCommission on Higher Education (2013). General Education Curriculum: Holistic Understandings, Intellectual and Civic Competencies. CHED Memorandum No. 20, 2013. https://ched.gov.ph/wpcontent/uploads/2017/10/CMO-No.20-s2013.pdfConcern Worldwide USA. https://www.concernusa.org/story/largestrefugee-crises.Davis, O. (Trans.). (2004). The World of Perception, Routledge.Department of Justice. (1998). Establishing a Procedure for Processing Applications for the Grant of Refugee Status. Department Order. No. 94, 2. 1998. https://www.refworld.org/docid/3ede2d914.html.Department of Justice. (2012). Establishing the Refugees and Stateless Status Determination Procedure Department. Circular No. 058, s. 2012. https://www.refworld.org/docid/5086932e2.htmlDepartment of Labor and Employment (2012). Revised Rules for the Issuance of Employment Permits to Foreign Nationals. DOLE Circular No. 120-12, 2012. https://www.dole.gov.ph/news/department-order-no-120-12-amending-certain-provisions-of-department-order-no-97-09/Department Order no. 186 s. 2015. https://www.dole.gov.ph/php_assets/uploads/2017/11/DO-186-17-Revised-Rules-For-The-Issuance-Of-Employment-Permits-To-Foreign-Nationals.pdfDOLE-DOJ-BI Joint guidelines on the issuance of work and employment permits to foreign nationals, s. 2019Edie, J. (Ed., Trans.). (1964) The primacy of perception and its philosophical consequences, The Primacy of Perception and Other Essays on Phenomenological Psychology, the Philosophy of Art, History and Politics, Northwest University Press.Executive Order No. 459, s. 1997. Official Gazette. https://www.officialgazette.gov.ph/1997/11/25/executive-order-no-459-s-1997/Fisher, A. (Trans.). (1963). The Structure of behavior, Beacon Press.Gray, R. (n.d.). Lies, propaganda and fake news: A challenge for our age (BBC), citing Paul Resnick, Professor of Information at the University of Michigan, and Will Moy, Director of Full Fact, https://www.bbc.com/future/article/20170301-lies-propagandaand-fake-news-a-grand-challenge-of-our-age.Heidegger, M. (1977) The questions concerning technology.Hinman, L. Ethics. Wadsworth.History. United Nations, https://www.history.com/topics/world-warii/united-nations.Institute on statelessness and inclusion, Statelessness in numbers: 2020. Langer, M., (1989). Merleau-Ponty’s phenomenology of perception: A guide and commentary. The Macmillan Press Ltd.Lowe, V. (2007). International Law. Oxford University Press. Mercy corps. https://www.mercycorps.org/blog/worlds-5-biggestrefugee-crises.Merleau-Ponty, M. (1964). The primacy of perception and other essays on Phenomenological Psychology, the philosophy of art, history and politics, (An Unpublished Text), edited by James M. Edie. trans. Arleen B. Dallery. Northwest University Press.Republic Act no. 7610. (1992). Special Protection of Children Against Abuse, Exploitation and Discrimination Act https://pcw.gov.ph/republic-act-7610-special-protection-ofchildren-against-abuse-exploitation-and-discrimination-act/Republic Act No. 9208. (2003). Official Gazette. https://www.officialgazette.gov.ph/2003/05/26/republic-act-no-9208/Republic Act No. 9745 (2009). Official Gazette. https://www.officialgazette.gov.ph/ 2009/11/10/republic-act-no-9745/Republic Act No. 8329. (1997). https://www.officialgazette.gov.ph/1997/06/30/republic-act-no-8329/Republic Act no. 10172. A.O. No. 1, s. 1993. (2012). Rules and regulations governing the implementation of republic act no. 10172. A.O. No. 1, s. 1993. Official Gazette. https://www.officialgazette.gov.ph/2012/10/24/ irr-nso-administrative-orderno-1-s-2012/Republic Act No. 11767. (2022). Official Gazette. https://www.officialgazette. gov.ph/2022/05/06/republic-act-no-11767/Shaw, M. (2017). International Law, 8. Cambridge University Press.Spiegelberg, H. (1976). The Phenomenological movement, 2(2) The Netherlands: Martinus NijhoffSupreme Court of the Philippines. (2022). Rule on facilitated naturalization of refugees and stateless persons. https://sc.judiciary.gov.ph/24524/The Constitution of the Republic of the Philippines (1987) https://www.officialgazette.gov.ph/constitutions/1987-constitution/The Refugee convention. (1951). The Travaux preparatoires analyzed with a commentary by Dr. Paul Weis. https://www.unhcr.org/4ca34be29.pdfUnited Nations Department of Economic and Social Affairs Disability (2022). Convention on the Rights of Persons with Disabilities (CRPD) https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities.htmlUnited Nations High Commissioner for Refugees (1951) United Nations Convention relating to the status of refugees. https://www.unhcr.org/1951-refugee-convention.htmlUnited Nations High Commissioner for Refugees (1954) Convention relating to status of stateless persons https://unhcr.org/ibelong/wpcontent/uploads/1954-Convention-relating-to-the-Status-of-Stateless-Persons_ENG.pdfUnited Nations High Commissioner for Refugees (1961) Convention onthe reduction of statelessness https://unhcr.org/ibelong/wpcontent/uploads/1961-Convention-on-the-reduction-of-Statelessness_ENG.pdfUnited Nations Human Rights (1965). International convention on the elimination of all forms of discrimination (CERD). General Assembly resolution 2106 (XX) https://www.ohchr.org/en/instrumentsmechanisms/instruments/international-convention-eliminationall-forms-racialUnited Nations Human Rights (1966). International covenant on civil and political rights (CCPR). General Assembly resolution no. 2200A (XXI). https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rightsUnited Nations Human Rights (1966). International covenant on economic, social and cultural rights (CESCR). General Assembly resolution no. 2200A (XXI). https://www.ohchr.org/en/instruments-mechanisms/ instruments /international-covenanteconomic-social-and-cultural-rightsUnited Nations Human Rights (1979). Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). UnitedNations General Assembly. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-allforms-discrimination-against-womenUnited Nations Human Rights (1984). Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (General Assembly resolution no. 39). https://www.ohchr.org/en/instruments-mechanisms /instruments/convention-against-torture-and-other-cruel-inhuman-ordegradingUnited Nations Human Rights (1989). Convention on the Rights of the Child (CRC). General Assembly resolution 44. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention- rights-childUnited Nations Human Rights (1990). International convention on the protection of the rights of all migrant workers (CMW) General Assembly resolution 45/158. https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-protection-rights-all-migrant-workersUnited Nations. Peace, dignity,and equality on a healthy planet. Statute of the International Court of Justice. https://www.un.org/en/aboutus/un-charter/statute-of-the-international-court-of-justiceUnited Nations High Commissioner for Refugees UNHCR, https://www.unhcr.org/philippines.html.United Nations High Commissioner for Refugees UNHCR, #IBelong, https://www.unhcr.org/ibelong/global-action-plan-2014-2024/United Nations High Commissioner for Refugees UNHCR, Nationality and Statelessness, Handbook for Parliamentarians.United Nations High Commissioner for Refugees UNHCR, Ukraine Refugee Situation, Operational Data Portal, https://data.unhcr.org/en/situations/ukraine.United Nations High Commissioner for Refugees UNHCR USA, https://www.unhcr.org/en-us/the-global-compact-on-refugees.html.