monitoring of the who global code of practice on the international ...

MULTISTAKEHOLDER PERSPECTIVES ON MONITORING THE CODE
The five groups <strong>of</strong> stakeholders (government, hospitals; pr<strong>of</strong>essional associations;
recruitment agencies; and trade unions) used a mix <strong>of</strong> methods, particularly key informant
interviews, document review (policy instruments cited), and observation through <strong>the</strong>ir
various engagements.
This section presents <strong>the</strong> responses <strong>of</strong> <strong>the</strong> stakeholders and emerging general patterns with
regards to <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> WHO Code in <strong>the</strong> Philippines. The information is
organized in such a manner that it follows <strong>the</strong> series <strong>of</strong> questions included in <strong>the</strong> WHO
National Reporting instrument.
1. Legal rights and responsibilities <strong>of</strong> equally qualified and experienced
migrant health personnel and domestically trained health workforce in
terms <strong>of</strong> employment and conditions <strong>of</strong> work.
In responding to <strong>the</strong> WHO reporting instrument, <strong>the</strong> Philippines defined <strong>the</strong> migrant health
personnel as one <strong>who</strong> has last held employment in a foreign country or <strong>who</strong>se qualification
for employment was obtained in a foreign country. The Philippines is considered as a source
country <strong>of</strong> migrant health personnel. It is not considered yet as a destination country for
migrant health personnel. Hence, <strong>the</strong> matter <strong>of</strong> “equality in <strong>the</strong> legal rights and
responsibilities <strong>of</strong> qualified and experienced migrant health personnel and domestically
trained health workforce in terms <strong>of</strong> employment conditions <strong>of</strong> work”, is not applicable to
<strong>the</strong> current Philippine situation.
The government agencies among <strong>the</strong> members <strong>of</strong> HRH Network Philippines clarified <strong>the</strong>
Philippine situation regarding <strong>the</strong> legal rights and responsibilities <strong>of</strong> equally qualified and
experienced migrant health personnel vis-­‐a-­‐vis Filipino health pr<strong>of</strong>essionals in <strong>the</strong>
Philippines. Though <strong>the</strong> Philippines is signatory to <strong>the</strong> ASEAN Mutual Recognition
Arrangements (MRArs) on Medical Practitioners (2009), on Dental Practitioners (2009), and
on Nursing Services (2006), such regional arrangements have not been implemented to
allow <strong>the</strong> entry into <strong>the</strong> Philippines <strong>of</strong> foreign migrant health workers.
The 1987 Philippine Constitution provides for <strong>the</strong> “sustained development <strong>of</strong> a reservoir <strong>of</strong>
national talents...”, <strong>who</strong>se <strong>practice</strong> in <strong>the</strong> Philippines has been limited to Filipino citizens in
22 health pr<strong>of</strong>essions and sub pr<strong>of</strong>essions, including medicine, allied pr<strong>of</strong>essions, medical
technology, midwifery, nursing, nutrition and dietetics, optometry, pharmacy, physical and
occupational <strong>the</strong>rapy, radiologic and x-­‐ray technology, and veterinary medicine (1987
Philippine Constitution Article XII Sections 10 and 14; Executive Order No. 584).
The access <strong>of</strong> foreign workers to <strong>the</strong> labour market is covered by <strong>the</strong> Labor Code as
amended (Article 40 referring to <strong>the</strong> employment permit <strong>of</strong>non-­‐resident aliens). 2 The health
migrant’s right to be a member <strong>of</strong> labor organizations varies among countries; some allow
membership as in <strong>the</strong> case <strong>of</strong> <strong>the</strong> United States as a receiving country, in some cases
2 Article 40 <strong>of</strong> <strong>the</strong> Labor Code – Employment permit <strong>of</strong> non-­‐resident aliens.
http://www.chanrobles.com/legal4labor1.htm
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