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

Philippine Overseas Labor Offices (POLOs), <strong>the</strong> Overseas Workers Welfare Administration
(OWWA), and <strong>the</strong> PRC, respectively oversee procedures for Filipino migrant health workers
and hiring/recruitment agencies, such as in securing appropriate employment permit, visa,
and special permit to <strong>practice</strong> pr<strong>of</strong>ession. O<strong>the</strong>r mechanismsare bilateral agreements with
specific stipulations with regard to migrant health pr<strong>of</strong>essionals, such as <strong>the</strong> Philippine-­‐Japan
Economic PartnershipAgreement (PJEPA), ASEAN-­‐Australia-­‐New Zealand Free Trade
Agreement (AANZFTA), and <strong>the</strong> Recruitment Agreement between <strong>the</strong> Government <strong>of</strong> <strong>the</strong>
Philippines-­‐United Kingdom <strong>of</strong> Great Britain and Nor<strong>the</strong>rn Ireland. However, despite
government agreements on initial requirements necessary to <strong>practice</strong> in a given country,
<strong>the</strong>re have been instances when Filipino migrant health pr<strong>of</strong>essionals have had to comply
with additional requirements that are not necessarily initially stipulated in <strong>the</strong>ir contracts.
In Philippine hospitals, <strong>the</strong>re are foreign health pr<strong>of</strong>essionals that come to <strong>the</strong> Philippines to
be residents, trainees, administrators, or researchers, teachers or practioners in <strong>the</strong> context
<strong>of</strong> medical missions.These foreign health pr<strong>of</strong>essionals are compliant with <strong>the</strong> rules <strong>of</strong> <strong>the</strong>
PRC, <strong>the</strong> Civil Service Commission (CSC), and <strong>the</strong> Bureau <strong>of</strong> Immigration (BI).
O<strong>the</strong>r legal mechanism mentioned by <strong>the</strong> health pr<strong>of</strong>essional associations emphasized <strong>the</strong>
provisions <strong>of</strong>various Memorandum <strong>of</strong> Agreement (MoA) and <strong>the</strong> regulations <strong>of</strong> <strong>the</strong> DOH and
PRC that serve asguides for <strong>the</strong> conduct <strong>of</strong> medical missions in <strong>the</strong> country by foreign health
pr<strong>of</strong>essionals. In <strong>the</strong>ir view, since <strong>the</strong> Code’s provisions have yet to befully implemented in
<strong>the</strong> Philippines,mechanisms needed to be in place cannot still be appreciated.
Considering <strong>the</strong> Philippines as a sending country <strong>of</strong> health pr<strong>of</strong>essionals, this WHO
<strong>monitoring</strong> item is not applicable according to recruitment agencies. However, considering
varying national situations, recruiters referred to labor laws in receiving countries as legal
mechanisms that promote <strong>the</strong> protection <strong>of</strong> Filipino migrants, such as in <strong>the</strong> United States <strong>of</strong>
America. The POEA provides legal mechanisms and attempt to adopt prevailing wage rates
in receiving countries to ensure protection <strong>of</strong> Filipino migrant workers.
Trade unions represented in <strong>the</strong> workshop cited RA 8042 as amended by RA 10022(Section
4), “whereby <strong>the</strong> State shall deploy OFWs (Overseas Filipino Workers) only in countries
where <strong>the</strong> rights <strong>of</strong> Filipno migrant workers are protected.” Most Filipino health personnel
migrate due to limited options for local employment. Their local education and training are
not directly accredited in receiving countries in order to qualify for work abroad. Filipino
migrant health workers are reportedly discriminated because <strong>the</strong>y do not receive <strong>the</strong> same
remuneration (as nationals <strong>of</strong> o<strong>the</strong>r countries) and encounter difficulty in getting promoted
in <strong>the</strong> receiving country. For instance, Filipino pharmacists need to have a post-­‐graduate
degree to be hired as pharmacists in <strong>the</strong> Middle East; o<strong>the</strong>rwise, <strong>the</strong>y are hired as pharmacy
assistants. Trade unions raised <strong>the</strong> need to streng<strong>the</strong>n <strong>the</strong> <strong>monitoring</strong> <strong>of</strong> Pre-­‐Departure
Orientation Seminars (PDOS) by <strong>the</strong> OWWA, and Pre-­‐Employment Orientation Seminars
(PEOS) by <strong>the</strong> POEA, aimed at helping workers understand <strong>the</strong>ir rights and privileges in
receiving countries.
3. Evidence <strong>of</strong> legal mechanisms
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