Alena Icao-Anotado August 31, 2021

Essay submission - Law 119

As commonly observed in most third-world countries, migration has now become a deeply rooted
pervasive culture in the Philippines. As stated in various economic journals, the Philippines has in fact, been
branded as one of the biggest sources of international migrants and workers to countries all over the world. While
that has greatly aided the Philippine economy, unfortunately, it has also given birth to the term “TNT” or a moniker
for "an illegal alien in another country." Though we acknowledge the contributions of our modern-day heroes
among our OFWs, this leads us to question whether the existing international policies in place, sufficiently protect
the rights of both legal, as well as, illegal Filipino migrants in other countries. The International Justice Resource
Center cites several international provisions and treaties prohibiting discrimination and addressing the rights and
protection of migrants. However, protections afforded to a migrant, such as access to social security or rights
against persecution and torture, will also depend on which treaties a State has ratified. Furthermore, States are
also still provided the discretion to control the entry and treatment of migrants in their respective territories.
Hence, while Section 17 and 18 of the 1987 Constitution provides for the creation of a Commission on Human
Rights, which is authorized by law, among others to:
“Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid
services to the under-privileged whose human rights have been violated or need protection.”

But as adopted in Constitutional Law, the doctrine of transformation States that international law can become
part of municipal law only if it is transformed into domestic law through the appropriate constitutional machinery,
even though the doctrine of incorporation States that rules of international law are given a standing equal, not
superior, to national legislation. Therefore, since treaties become part of Philippine law only by ratification, the
principle of incorporation applies only to customary law and to treaties which have become part of customary law.
Moreover, with the rigid stance of the present administration as with regards its cooperation and adherence to
Human Rights Laws policies and declarations, the stakes on the rights and protection of migrants, within the
Philippines or abroad, may be limited or perhaps nil in some aspects. For how can a State protect the rights of its
people in a foreign land, when it is inadequate in protecting the people’s rights even while in their homeland? That
question continually begs an answer and until a firm commitment towards Human Rights policies and legislation
are implemented by a State, until then can TNTs and other foreign illegal migrants be assured of equal protection
of the laws.

Sources:
https://ijrcenter.org/thematic-research-guides/immigration-migrants-rights/#Non-documented_Migrant_Worker
https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=137&Lang=EN