Statelessness in The Philippines: A Contextual Analysis

Abstract

The idea that human beings have inherent dignity, which requires respect, has been generally recognized as true and that the task of protecting basic human rights borne out of this inherent dignity has been equally recognized as one that needs to be undertaken collectively and collaboratively by the international community. This is reflected by the different international conventions relating to the protection of human rights adopted and acceded to by different States. However, despite the existence of international mechanisms towards ensuring that human rights are properly protected, without distinction as to any socio-cultural nuances, accounts of human rights violation throughout history and across different niches has remained prevalent.   

In particular, the plight of stateless persons, who are suffering or are vulnerable to suffer from significant discrimination as regards their capacity to properly enjoy and exercise basic human rights, has garnered international attention throughout the years and has been regarded as an international humanitarian crisis that require swift and comprehensive response. In consonance thereto, the 1954 Convention Relating to the Status of Stateless Persons and 1961 Convention on the Reduction of Statelessness were adopted and acceded to by different countries.

The Philippines is a Contracting Party to these international conventions. Throughout the years, the country has been a host to hundreds of thousands of stateless persons and persons at risk of statelessness (collectively known as persons of concerns of POCs). In compliance with its obligations under the aforementioned international conventions, the Philippines has adopted a number of domestic measures and policies for the purpose of providing protection to POCs.

However, while PH has adopted certain domestic measures to provide protection to POCs, the current state of the protective mechanisms afforded to them has negatively magnified institutional gaps in the implementation and fulfillment of the country’s obligations under the relevant international conventions. It is in this context that this research will seek to propose for the enhancement of the protective mechanisms being provided to POCs in the Philippines, such as through the enactment of a comprehensive law for such purpose, in compliance with the country’s obligations under the relevant international conventions.