Persona non grata? Here’s what you need to know

THE term “persona non grata” has been in the headlines recently, after several local governments in the country declared drag queen Pura Luka Vega unwelcome in their jurisdictions.

The drag artist, whose real name is Amadeus Fernando Pagente, has earned the ire of many Filipinos following their controversial video that showed them singing and dancing to the remix version of the Catholic song Ama Namin while dressed as Jesus Christ.

Different organizations found the viral video offensive and blasphemous, but Pagente defended their act and said that their intention was “to challenge our notions of how we worship or how we sing our prayers.”

Several local government units also took a stand on the issue and declared Pagente persona non grata. They are the latest personality to get this designation in several areas in the country.

But what does this mean?

The term persona non grata cannot be found anywhere in the Philippine Constitution. 

But if a local government gives an individual this designation, what would be its impact on them? 

The effect will differ based on who has been declared persona non grata, according to lawyer Paula Francesca Bariuan of the Arellano and Loremas Law Office.

In the diplomatic field

Persona non grata is a Latin term which means an “unwelcome person.”

Bariuan told republicasia that a persona non grata declaration usually finds application in international relations.

In the diplomatic field, a foreign diplomat who is declared persona non grata may be asked to be recalled to their home countries, she said.

Under Article 9 of the Vienna Convention on Diplomatic Relations, the receiving state may notify the sending state that its “the head of the mission or any member of the diplomatic staff of the mission” is persona non grata or is “not acceptable” in its country.

The sending state should “either recall the person concerned or terminate his functions with the mission,” the treaty stated. 

“Here in the Philippines, we can declare an ambassador of a foreign country that is assigned or is stationed here in the Philippines [persona non grata] for one reason or another,” Bariuan said.

The convention also states that a persona non grata declaration could be issued any time by the receiving state “without having to explain its decision.”

But according to Bariuan, the declaration would be usually because the person violated laws and regulations or their action displeased the host country.

“The host country is usually not required to state the reason why a foreign diplomat or a foreign official is being declared persona non grata, but it’s usually because the person has violated local laws and regulations, or it’s merely maybe just an expression of displeasure at the conduct of the foreign official here in our country,” she said.

Persona non grata can apply not just to officials, but also to regular foreign individuals. In this case, that individual may be banned from entering the country, she said. 

‘No effect’ on Filipinos

The effect of a persona non grata declaration on Filipino citizens is different. In fact, the declaration has “no effect” on them, the lawyer said.

In the case of Pagente, Bariuan said a local government unit cannot ban them from entering its jurisdictions, despite declaring them an unwelcome person.

This is because the 1987 Constitution guarantees the right of every Filipino to travel, “except in the interest of national security, public safety, or public health, as may be provided by law.”

Bariuan said the persona non grata declarations of the LGUs regarding the drag artist are only “political statements and expression of displeasure” for their viral Ama Namin video.

“[It is] the sentiment of that local government unit with regards to the behavior of one person,” she said. 

She also stressed that the declaration, which is made through a local ordinance, is “non-binding” and “has no legal implications.”

“These recent declarations against Pura Luka Vega do not really carry that banning power na he cannot be seen or be allowed to enter that locality,” she said.

What is most likely to happen then? The drag queen may be denied services by establishments in the areas where they are declared persona non grata, but Bariuan said this will be at the discretion of the establishments’ owners.

“I think that’s only it, but she cannot be arrested for being in Cebu City or for being in Manila just because of declaration of her persona non grata,” she said.

Is Pura Luka Vega off the hook?

Persona non grata may not have legal implications on the drag queen, but this does not mean they are no longer in trouble. 

They are still facing complaints for alleged violation of Article 201 of the Revised Penal Code, which penalizes “immoral doctrines, obscene publications and exhibitions and indecent shows.”

A crowdfunding initiative has been launched to support the drag artist, which targets to collect $500 worth of donations.

Amid their legal battle, Pagente has visited the Department of Justice in Quezon City twice.

In their latest Instagram post, the drag queen stood up for their art. 

“Sana naman ay hindi tayo ipakulong nang dahil sa sining na humahamon sa nakasanayang pamantayan,” they said. 

They also encouraged netizens to know more about drag and “how it can prompt social change and how it can act as an expressive form of art therapy.”