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

10. Main constraints to <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> Code in <strong>the</strong> country and
proposed possible solutions
Main constraints to <strong>the</strong> Code’s implementation, in <strong>the</strong> view <strong>of</strong> <strong>the</strong> HRH Network Philippines,
derive from <strong>the</strong> limitations posed by provisions <strong>of</strong> <strong>the</strong> 1987 Philippine Constitution and
o<strong>the</strong>r laws.
For hospitals, constraints emanate from <strong>the</strong> devolution <strong>of</strong> authority in <strong>the</strong> delivery <strong>of</strong> health
services from DOH to <strong>the</strong> local government units, <strong>the</strong> hospital budget and <strong>the</strong> lack <strong>of</strong>
agreements among institutions regarding HRH.
The pr<strong>of</strong>essional associations listed <strong>the</strong> lack <strong>of</strong> information on <strong>the</strong> Code as a constraint. The
<strong>monitoring</strong> instrument itself poses a constraint in that many questions in <strong>the</strong> National
Reporting Instrument do not apply to <strong>the</strong> situation in source countries, like <strong>the</strong> Philippines.
Promotion <strong>of</strong> ethical recruitment was seen to be a challenge. To promote ethical
recruitment among recruitment agencies, an incentive scheme such as an award system was
recommended. Instead <strong>of</strong> sanctions, recruitment agencies suggested <strong>the</strong> institution <strong>of</strong> an
award system for good <strong>practice</strong> on <strong>the</strong> Code , differentiating it from <strong>the</strong> current award
system that recognizes <strong>the</strong> number ra<strong>the</strong>r than <strong>the</strong> quality <strong>of</strong> processed transactions for
foreign recruitment.The proposed alternative award should focus on quality ra<strong>the</strong>r than
quantity in <strong>the</strong> recruitment agencies’ performance.
Main contraints cited by <strong>the</strong> trade unions are: (1) unemployment forcing local health
personnel to migrate, indicating <strong>the</strong> need for industry policies and programs; (2) lack <strong>of</strong>
awareness on <strong>the</strong> Code, among <strong>the</strong> migrant health workers, trade unions, and
recruiters,which may be appropriately addressed by communication and information drives;
(3) lack <strong>of</strong> dialogue on <strong>the</strong> WHO Code between receiving countries and migrant health
personnel; (4) policy gaps on <strong>the</strong> part <strong>of</strong> government; and, (5) sanctions that can penalize
<strong>the</strong> recruiter and employer.
11. Database <strong>of</strong> laws and regulations related to international health
personnel recruitment and migration and information related to <strong>the</strong>ir
implementation
According to HRH Network Philippines’ member-­‐government agencies, <strong>the</strong> POEA and <strong>the</strong>
DFA maintain a data base <strong>of</strong> laws and regulations related to international health personnel
recruitment and migration (www.poea.gov.ph-­‐Labor Agreements Section; www.dfa.gov.ph).
O<strong>the</strong>r stakeholders are not informed <strong>of</strong> <strong>the</strong> existence <strong>of</strong> any such data bases on migration-­‐
related laws. The recruiters’ and trade unions’ groups suggested that planning be done to
include <strong>the</strong> setting up <strong>of</strong> databases.
12. Technical cooperation agreement and financial assistance related to
international health personnel recruitment or <strong>the</strong> management <strong>of</strong> and
migration
In <strong>the</strong> case <strong>of</strong> <strong>the</strong> PJEPA, <strong>the</strong>re are government agencies in charge <strong>of</strong> giving technical
assistance, such as <strong>the</strong> DOH, DOLE, and PRC.
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