Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Nursing Personnel Convention, 1977 (No. 149) - Philippines (Ratification: 1979)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Article 2, paragraph 2, of the Convention.  The Committee notes that the "Magna Carta for Public Health Workers" (Act No. 7305) has been passed into law, and the Implementing Rules and Regulations which were sent with the Government report. It notes that under section 34 of the "Magna Carta", the Department of Health and a Congressional Commission of Health (HEALTHCOM) are to establish and review, within the framework of a general health programme, policies concerning nursing services and personnel.

It further notes from the report on "The Status of Nursing Education - Update for 1993" provided with the Government's report that, due to foreign demand which led to qualified nursing personnel seeking employment abroad, and at the same time to an accelerated opening of nursing schools in the country throughout the last ten years, the enrolment of nursing students increased from 35,245 in 1989-90 to 172,545 in 1992-93, an increase of 389 per cent. At the same time, the quality of nursing education has dropped, due to a lack of qualified teaching staff. This has caused the percentage of those who graduated to drop from 30 to 11 per cent in the same period. However, with recent recruitment freezes abroad, especially in the United States, there was an imminent risk for newly graduated nursing personnel that they could not find adequate employment in the foreseeable future.

The Committee asks the Government to indicate any measures envisaged or taken to provide nursing personnel with education and training appropriate to the exercise of their functions, and employment and working conditions, including career prospects and remuneration, which are likely to attract persons to the profession and retain them in it.

Article 5, paragraph 1.  The Committee notes the Philippine Nursing Act (No. 7164) of 1991, to establish a Board of Nursing, to supervise and regulate the practice of the nursing profession. The Committee further notes that under section 29 of the Act, the Nursing Board shall undertake studies and initiate and/or cooperate with government or private agencies in the conduct of studies for health human resource production, utilization and development. The Committee asks the Government to provide information on any such studies undertaken.

At the same time, the Committee notes that section 33 of the "Magna Carta for Public Health Workers" and Rule XVIII of the Implementing Rules and Regulations provide for the establishment of a mechanism for a continuing dialogue with health workers’ organizations at the national, regional and local level. It hopes that this mechanism will be implemented soon and asks the Government to communicate information on its functioning.

Article 5, paragraph 2.  The Committee notes that, while freedom of association in the public sector is recognized by both the Constitution and pertinent laws (inter alia by section 31 of the "Magna Carta"), the appropriate enabling laws governing collective bargaining in the public sector have yet to be enacted. It further notes that the Civil Service Code which contains provisions on this subject is still under review and has not yet been promulgated. The Committee hopes that all necessary steps to this end will be taken in the near future and requests the Government to provide information on any progress made.

Part V of the report form.  The Committee has noted the statistical data provided with the report and would be grateful if the Government would continue to communicate such data, including information on the application of the Convention in practice, and on any difficulties encountered.