JPEPA and the movement of natural persons
LINK: ‘Note Verbale‘, Manila Times (Sunday-Career Section) - 28 October 2007 Issue
Pending before the Philippine Senate for ratification is the Japan-Philippines Economic Partnership Agreement (JPEPA).
In general terms, the highlights of this agreement between the two countries include: (1) the elimination or comprehensive reduction of tariffs of industrial, agricultural, forestry and fishery products, (2) the facilitation of trade through simplification and harmonization of customs procedures and effective enforcement of measures against smuggling, (3) the liberalization of specific service sectors consistent, (4) the inclusion of provisions on protection of investment, national treatment, most-favored nation treatment and performance requirement prohibitions specifying all exceptions to these provisions, (5) the promotion of bilateral cooperation in human resource development, financial services, information and communications technology, energy and environment, science and technology, trade and investment promotions, small and medium enterprises, tourism, and transportation, (6) the enhancement of cooperation, protection and enforcement of intellectual property, (7) addressing anti-competition policies, (8) facilitating trade in electrical products through a subsequent provision on mutual recognition, and (9) setting-up of a framework for consultation to further promote bilateral trade, investments and improvement of business environment in both countries.
In addition, JPEPA under the provisions on the “movement of natural persons” would allow the entry of qualified Filipino nurses and certified care workers to Japan. And this is seen or perceived by many as one of the immediate and significant benefits of the treaty because it would provide employment opportunities to Filipino health care professionals in lieu of the traduced export of Filipina entertainers to the “land of the rising sun”.
The demand for employment is backed up by statistics on Japan’s ageing population that necessitates the services of an estimated 7.5 million health care workers by 2010.
The Philippine Overseas Employment Administration (POEA), in supporting the agreement, pointed out that there is a ready pool of Filipino health professionals who could fill the prospect of the Japanese market, with the country’s nursing schools producing at least 950,000 graduates yearly and with the current registry of 22,580 certified care workers, 57 percent of whom are college graduates. This seems to imply that the country has excess supply of nurses and care workers readily available for overseas employment.
In his presentation entitled “Philippines: The Challenge of Managing Migration, Retention and Return of Health Professionals”, UP College of Medicine Professor Jaime Z. Galvez Tan cited recent studies showing that 85 percent of all the Filipino nurses are already working abroad in at least forty six countries, thereby making the country as the number one exporter of nurses to the world. For lack of nurses and doctors, at least a thousand hospitals have closed, fully or partially, as of November 2005. The nurse-to-patient ratio in provincial and district hospitals now stands at 1:40 and 1:60. The proportion of Filipinos dying without medical attention has reverted back to its 1975 levels of 70 percent of deaths unattended during the height of nursing migration in the year 2002-2003.
If the health care in Japan is alarming, it is worsening for the Philippines.
The phenomenon that many Filipinos, young and old, are lured into taking up courses in health care is actually driven by global demand and therefore motivated by the prospects of economic emancipation that is wanting in the country. Oversupply is thus an overstatement.
Through the JPEPA Filipino nurses and care workers would be allowed entry in Japan and work there up to three to four years but only after completing a language training and passing the Japanese national licensure examinations obviously in Japanese. For the Filipino professionals, this means additional burden in terms of time and resources that would make Japan as a less attractive destination for them. The argument therefore that the employment benefits under the JPEPA are immediate and significant could either be a hoax or imaginary.
Perhaps, it would serve the country better if government was able to negotiate with Japan for foreign employment opportunities that would not jeopardize and compromise the national interest.