The Bureau of Immigration (BI) stressing a provision of law concerning foreigners and this is specifically that they are not allowed to engage in any political activity in the country is a reminder non-citizens must take seriously.
The reminder came days ahead of the July 22 State of the Nation Address (SONA) of President Duterte. The basis of the prohibition is Operations Order SBM-2015-025 issued by the Bureau of Immigration on July 3, 2015, signed by then Commissioner Siegfred B. Mison and approved by then-Secretary of Justice Leila M. de Lima.
The order reads in part “Section 1. Foreign tourists in the Philippines are enjoined to observe the limitation on the exercise of their political rights during their stay in the Philippines. Foreign tourists are prohibited from engaging in any political activity as defined by law and jurisprudence, such as, but not limited to, joining, supporting, contributing or involving themselves in whatever manner in any rally, assembly or gathering, whether for or against the government.”
The intent to limit the involvement of foreigners in the legal political rights afforded to Philippine citizens is clear: “Whereas, foreign tourists in the Philippines are not entitled to all the rights and privileges granted to the citizens of the Philippines, specifically the exercise of political right which are inherently exclusive to Filipino citizens.”
The reminder was made in connection with previous incidents of deportation and exclusion of foreign nationals who took part in protests and mass actions.
The BI said that while it is within their policy to welcome foreign visitors, they are also duty-bound to implement the law by deporting foreign protesters.
There are two schools of thought when it comes to joining of protest actions by foreigners in the Philippines. The first of course is, as mentioned in the BI order,
that foreigners have no business joining political actions as it is a clear violation of their conditions of stay. Being a visitor of the country does not give foreigners the political rights and privileges of a Filipino.
The other contention is that which involves an obligation by the Philippine government under international law—specifically the International Covenant on Civil and Political Rights—to allow foreigners to express their opinions even through public protest.
However, to assume the second under the international covenant is tantamount to giving foreigners the same political rights as Filipino citizens. It makes no logic too that if foreigners under the same concept of international law is afforded equal political rights, it also behooves the government to afford them similar economic rights.
To believe in the latter school of thought is utterly foolish.
