by – Glen Palaca Hubahib, Esq.
Election is a demonstration of the people’s general will. The idea originated from the enlightenment thinkers such as Hobbs, Locke, Rousseau, and the ancient Greek Republic. It is a departure from Monarchy–that a person is endowed or awarded with divine power and, hence, they assumed as King. The people’s awareness of the general will fueled the French Revolution of 1787 and the establishment of the French Republic and the start of electing leaders.
General will. Czechoslovakian citizens flood the streets of Prague during the Velvet Revolution in 1989. Peter Turnley—Corbis/VCG via Getty Images
A decade earlier, America severed its ties with the British throne and declared independent in the now famous declaration written by Thomas Jefferson – that all men are created equal, with right to life and liberty, that the government power is derived from the consent of the governed, and if the government is destructive, it is the right of the people to alter or abolish it. For the Filipinos, the protector of the people is the Armed Forces per 1987 Constitution.
The political exercise evolved over time. It started with men-only voting and the requirement of property ownership. It was expanded when slavery was abolished and the freemen, mostly black, can vote. Then, the American women were allowed to vote in 1920 thru the 19th Amendment. The Filipino women followed almost two decades later.
What we have today – the republic, bill of rights and the sovereign power to create the government – did not come easy. It was layered with many lives through revolution, civil war, protest, and assassinations to name a few.
It is extremely important that voting age citizens register and vote because this is the best time to show your solidarity with the general will and be counted. When you do, the aspirant will be in their toes and listen to the people. More likely, they will not flaunt their Hermes, Rolex, Gucci, Patek etc. and you can see their faces in the natural state.
When the elected and now custodian of the general will stray in their duties then inequality, tyranny and despotism start to set in resulting in disturbance and war. That is why people flee en masse in conflict areas or when their safety is threaten.
People who fled their home country because of armed conflict and persecution – religion, political, race, nationality, etc, are called refugee per the United Nations. They are accorded certain kind of protection and assistance by the United Nations Refugee Agency and the host country. For example, Philippines hosting the Vietnamese, Poland hosting the Ukrainians, and Türkey hosting the Iraqis and Syrians, among others.
Displaced Syrians at the Al-Zaatri refugee camp near the Syrian border in Mafraq, Jordan, in 2014. Photo: Reuters
The United States has done its part to open the border to those who fled their country by providing various forms of humanitarian relief at the border and inside the country. Non-citizens who do not have legal status can apply if eligible for the following:
- Asylum and Convention Against Torture:
You may apply for asylum at the border or if you are in the United States, within one – year of arrival – regardless of your country of origin or your current immigration status. The applicant must establish a well-founded fear of persecution. This persecution could be based on their race, religion, nationality, political opinion, or membership in a particular social group (e.g. LGBTQ). When approved, the applicant can get a work permit, pathway to green card and citizenship. The asylee can also include his immediate family members, e.g. children and spouse.
Alternatively, if the applicant is not eligible for Asylum, he may apply for a relief under the Convention Against Torture. When his life is threatened, he is deported to his home country.
- Temporary Protected Status:
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately such as: ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane), or an epidemic, and other extraordinary and temporary conditions. If eligible the applicant can obtain an employment authorization document (EAD) and may be granted travel authorization.
[Note: Glen Palaca Hubahib is admitted to practice law in California and the Philippines. He also holds Electrical Engineering and MBA degrees. The article is for information only and is not legal advice. Send your comments to the author at hubahibg@gmail.com.]