By Atty. Julius Gregory B. Delgado

PRINCIPLE OF NON-REFOULEMENT: ON AFGHAN REFUGEES

There is a raging debate whether to accept refugees from Afghanistan. These Afghan refugees
were supposed to be workers or contractors of the Americans during the U.S. occupation of the country
after overthrowing the Talibans in a so-called “War on Terror”. It is the U.S. Government which is
brokering this deal with the Philippines. Our country will be a temporary transit point, sort of a “Clearing
House”, for these refugees to have a place to stay while they are processing their visas for admission in
the U.S. Many are opposing such move, including Vice President Sara Duterte, because of National
Security considerations.
But can we really reject refugees? The answer is in the negative. Recently, the Palace has issued
Presidential Proclamation No. 265 declaring June 20 every year as National Refugee Day. The said
Proclamation highlighted our international commitments, i.e., the 1951 Refugee Convention and its
1967 Protocol, and the 1954 Convention Relating to the Status of Stateless Persons, and the 1961
Convention on the Reduction of Statelessness. It is not just pleasing the United States of America or the
fear of offending our allies but compliance with our international obligations.
More importantly, we must comply with the generally accepted principle of International Law
called “Non-Refoulement” which guarantees that no one should be returned to a country where they
would face torture, cruel, inhuman, or degrading treatment or punishment or other irreparable harm.
Even if there is no treaty, if it is a generally accepted principle of International Law, we must comply the
same as it is a source of obligation.
Nevertheless, we are really known to be a hospitable country and warm and loving people.
Remember during the time of late President Manuel L. Quezon when we received Jewish refugees. It
even became a subject of a motion picture. Also, remember the Vietnamese who fled to the Philippines
during the Vietnam War? So, receiving refugees in distress is not new to us. We just must open our
hearts and minds and be reminded that we are also citizens of the world.