Distorting boundaries, amalgamating perspectives: A proposed integration of international law on protection of refugees and stateless persons in higher education curricula

Abstract

The United Declaration of Human Rights (UDHR) proclaims that “all human beings are born free and equal in dignity and rights, are endowed with reason and conscience and should act towards one another in a spirit of brotherhood (Article 1),” and are “entitled to all the rights and freedoms outlined in (said) Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinions, national or social origin, property, birth or another status. (Article 2)” This formal declaration is supposed to be a simple institutionalization of a generally recognized realism – those human beings are born with inherent dignity, from which fundamental basic human rights flow and which provides reasonable justification for fostering justice and equality despite each person’s individuality. It is an affirmation that amidst personal and cultural divergences, human beings are called upon to respect each other primarily on account of their shared humanity, and not based on wealth, power, educational background, race, gender, and other social clusters – to treat each other fairly without discrimination. However, while the aforementioned international convention narrates a chronicle filled with beautiful social expectations, reality may be chanting a different narrative. Across different epochs, stories of horrifying violations of human rights have reverberated throughout the world. The infamous holocaust during the 2nd World War, the genocide of the Tutsis in Rwanda, and the martial law defilements during the Marcos regime in the Philippines are just some of the many horrific instances of human rights violations that have shocked humanity. One of the more prominent reasons for the occurrence of different human rights violations is deleterious discrimination – the arrogant sense of superiority that some assert over others, the conceited belief of being entitled with a guaranteed place atop the zenith of societal hierarchies at the detriment of those who do not share the same shade, nook or status. To address these discriminatory leanings of different cultures and States and provide international legal frameworks for ensuring that basic human rights are genuinely protected and promoted, the United Nations (U.N.) was created. To realize the objectives for its establishment, sundry international conventions have been crafted, negotiated, issued, and implemented. In the area of human rights protection, the primordial international convention is the UDHR. Two social groups that suffer from significant discrimination as to their capacity to properly enjoy and exercise basic human rights are refugees and stateless persons, which are governed by the 1951 United Nations Convention Relating to the Status of Refugees, and its 1967 Protocol, and the 1954 Convention Relating to Status of Stateless Persons, respectively. Because of their conditions and contextual situations, they are very vulnerable to being discriminated against and abused. This humanitarian crisis has been haunting the world
for decades already and has also been knocking at the doorsteps of the Philippines in recent times, whose presence in the country has been rapid. Unfortunately, very few are aware of their existence, much less care about the predicaments and struggles of refugees and stateless persons worldwide and in the Philippines. It is in this context that the researcher is proposing the integration of international law on human rights, particularly that which relates to the protection of refugees and stateless persons, in the curriculum of higher education institutions (HEIs) in the Philippines.