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

More documents

Recommendations

Info

8. Action to implement <strong>the</strong> Code The DOH is <strong>the</strong> identified national authority to respond to how <strong>the</strong> Codehas been implemented in <strong>the</strong> Philippines. Relevant to implementation are <strong>the</strong> Philippine international legal instruments, namely: <strong>the</strong> ASEAN MRAs, PJEPA and MASEAN.In <strong>the</strong> view <strong>of</strong> government agencies in <strong>the</strong> HRH Network Philippines, Philippine laws and policies tend to be conflictingwith <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> WHO Code. Hospitals considered some <strong>of</strong> <strong>the</strong>ir <strong>practice</strong>s as aligned with <strong>the</strong> provisions <strong>of</strong> <strong>the</strong>Code. Private hospitals follow and harmonize <strong>the</strong> DOH and DOLE requirements in <strong>the</strong> operation <strong>of</strong> hospitals, while public hospitals follow those <strong>of</strong> <strong>the</strong> CSC. Pr<strong>of</strong>essional associations attributed <strong>the</strong>ir awareness <strong>of</strong> <strong>the</strong> Code to this current DOH-‐ and-‐ ILO initiativeto monitor <strong>the</strong>Code through multistakeholders consultations.Prior to this, <strong>the</strong>y had limited awareness <strong>of</strong> <strong>the</strong> Code. The implementation <strong>of</strong> POEA regulations and <strong>the</strong> Migrant Workers Act are relevant to <strong>the</strong> implementation <strong>of</strong> <strong>the</strong>Code, according to <strong>the</strong> recruitment agencies group. They considered <strong>the</strong>DOH-‐and-‐ILO initiated multistakeholder process as a step to monitor <strong>the</strong> Philippine implementation <strong>of</strong> <strong>the</strong>Code. Among <strong>the</strong> trade unions’s, <strong>the</strong>re is very limited awareness <strong>of</strong> <strong>the</strong> <strong>of</strong> <strong>the</strong> Code. They have not observed <strong>the</strong> Code being discussed in universities, in technical vocational schools, nei<strong>the</strong>r is <strong>the</strong> Code referred to in <strong>the</strong> PDOS and PEOS, undertaken respectively by <strong>the</strong> OWWA and POEA. 9. Steps taken to implement <strong>the</strong> Code In general, <strong>the</strong> stakeholders observed <strong>the</strong> WHO Code’s implementation in <strong>the</strong> Philippines in terms <strong>of</strong> <strong>the</strong> steps below listed in <strong>the</strong> WHO <strong>monitoring</strong> instrument: • (9.a) Actions have been taken to communicate and share information across stakeholders on health worker recruitment and migration issues, as well as <strong>the</strong> Code, among relevant ministries, departments and agencies, nationally and sub-‐ nationally • (9.b) Measures have been taken to involve all stakeholders in any decision making processes involving health personnel migration and international recruitment. • (9.c) Actions are being considered to introduce changes to laws or policies on <strong>the</strong> international recruitment <strong>of</strong> health personnel. Not all bilateral agreements containprovisions on HRH. Among HRH Network Philippines members, <strong>the</strong> DOH is deemed <strong>the</strong> appropriate agency to respond to how <strong>the</strong> Code has been implemented, while o<strong>the</strong>r government agencies have authority with regard to<strong>the</strong> international recruitment <strong>of</strong> health personnel. Hospitals have <strong>practice</strong>s relevant to <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> Code covering items 9a to 9c in <strong>the</strong> <strong>monitoring</strong> instrument, which are compliant with <strong>the</strong> PRC and CSC requirements. In <strong>the</strong> case <strong>of</strong> <strong>the</strong> Philippine Heart Center (PHC), a specialty government hospital, has interacted with recruitment agencies to develop exchange arrangements for <strong>the</strong>ir nurses’ 13
training abroad.The PHC also has nursing alumni all over <strong>the</strong> world and informal networking through online communication, and visits <strong>of</strong> foreign health pr<strong>of</strong>essionals that can be harnessed for <strong>the</strong> purposes <strong>of</strong> <strong>the</strong> Code, such as information dissemination and data collection. Among pr<strong>of</strong>essional associations, <strong>the</strong> Philippine Nurses Association, Inc. (PNA) is engaged in collaboration with <strong>the</strong> POEA in <strong>the</strong> conduct <strong>of</strong> <strong>the</strong> PEOS, and has monitored <strong>the</strong> PJEPA’s implementation. Such actions are relevant to <strong>the</strong> implementation <strong>of</strong> <strong>the</strong>Code. For <strong>the</strong> recruitment agencies’ group, <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> Codemay be considered in terms <strong>of</strong>: (1) <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> Migrant Workers Act (RA 8042 as amended by RA 10022); (2) <strong>the</strong> processing for pre-‐screening and job <strong>of</strong>fer; and, (3) <strong>the</strong> conduct <strong>of</strong> <strong>the</strong> PEOS and PDOS. Fur<strong>the</strong>r, one agency shared its “no-‐placement fee policy.” They also referred to POEA’s role as a step toward <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> Code because it regulates recruitment agencies, ensures compliance with Philippine labor laws, and ensures protection <strong>of</strong> Filipino overseas workers through fair working conditions in employment contracts. Recruitment agencies also averred that <strong>the</strong>y do not have a forum to make recruiters understand <strong>the</strong> Code. On <strong>the</strong> o<strong>the</strong>r hand, <strong>the</strong> POEA called attention to <strong>the</strong>ir Continuing Agency Education Program to advocate ethical recruitment to licensed recruitment agencies, as well as, <strong>the</strong> PEOS conducted by POEA and PDOS conducted by OWWA, as potential platforms for knowledge dissemination on <strong>the</strong> Code. The recruitment agencies suggested that <strong>the</strong>y, <strong>the</strong> POEA, and DOLE, be engaged in collaboration and discussion on <strong>the</strong> Code’s implementation in <strong>the</strong> following years. Establishment <strong>of</strong> an on-‐line feedback mechanism to track how Filipino migrant health pr<strong>of</strong>essionals are treated in destination countries was strongly recommended. The trade unions confirmed <strong>the</strong> observations that items 9a to 9c in <strong>the</strong> WHO National ReportingInstrument are operational in <strong>the</strong> Philippines. In addition, recruitment agencies are engaged in records keeping and promotion <strong>of</strong> good <strong>practice</strong>s, which are items 9d and 9e in <strong>the</strong> <strong>monitoring</strong> instrument, respectively. The recruiters group suggested <strong>the</strong> following interventions: (1) awareness raising among migrant health workers, recruitment agencies, academe, pr<strong>of</strong>essional organizations, through multi media, <strong>the</strong> You Tube, comics, with <strong>the</strong> use <strong>of</strong> local language and in <strong>the</strong> perspective <strong>of</strong> <strong>the</strong> migrant workers; (2) a <strong>global</strong> meeting among <strong>the</strong> biggest sending countries (Philippines, India, China); (3) Commission on Higher Education (CHED)to include <strong>the</strong>Code into <strong>the</strong> curriculum <strong>of</strong> <strong>the</strong> health pr<strong>of</strong>essions, and <strong>the</strong> PRC to include <strong>the</strong> same into <strong>the</strong> licensure examinations; and, (4) CSC to incorporate <strong>the</strong> Code provisions into <strong>the</strong> system <strong>of</strong> performance appraisal <strong>of</strong> public sector health pr<strong>of</strong>essionals. Awareness <strong>of</strong> <strong>the</strong> Code has not cascaded from DOH and <strong>the</strong> HRH Network Philippines to o<strong>the</strong>r government agencies and stakeholders. 14
Page 1 and 2: MONITORING OF THE WHO GLOBAL CODE O
Page 3 and 4: CONVENORS Department of</st
Page 5 and 6: Mr. Frencel Tingga Mr. Jeric Sagala
Page 7 and 8: Mr. Loreto Soriano LBS Recruitment
Page 9 and 10: ACRONYMS AANZFTA Association <stron
Page 11 and 12: EXECUTIVE SUMMARY The Philippines i
Page 13 and 14: address ethical recruitment <strong
Page 15 and 16: the International
Page 17 and 18: esponsible to manage international
Page 19 and 20: Figure 1. Philippine Approach to Mo
Page 21 and 22: membership is restricted such as in
Page 23 and 24: Identified by the
Page 25: Websites are available as sources <
Page 29 and 30: In hospitals, ther
Page 31 and 32: SUPPLEMENTAL INFORMATION At <strong
Page 33 and 34: Trade unions emphasized the
Page 35 and 36: websites and the i

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

Create successful ePaper yourself

Delete template?

Save as template?