JPEPA: Antithesis to the Right to Health and Due Process Aurora A. Parong, M.D., Medical Action Group with the support of IDEALS The “right of everyone to the enjoyment of the highest attainable standard of physical and mental health” is a human right without discrimination ofrace, nationality, sex, age, political or religious beliefS or social status. The JPEPAis antithesis to the right to health and due process and should be rejected. JPEPA worsens health work force crisis leading to poor health services The JPEPA encourages more out-migration of Filipino doctors, nurses and caregivers through Chapter 9, Movement of Natural Persons, Article 110, Even without JPEPA, health professionals in public and specialty health have been out-migrating and WHO warned that this “has created a health work force crisis... the day may not be too far off when the quality of health care will be jeopardized..."" The quality of public and private health care in the Philippines is already jeopardized, especially in the rural and poor areas: 152 vacancies for nurses and 219 vacancies for doctors in public health facilities in 8 regions of the country (acc. to DOH, June 2004); 60% of the private hospitals have closed in the past 5 years due to lack of doctors and nurses (Private Hospitals Association of the Philippines, 2005); 31 medical facilities closed in different parts of the Philippines (September-November 2005); more than 100 municipalities have been without doctors and nurses since mid-90s. The health human resource crisis comes at a time when the Philippines is confronted with infectious diseases and lifestyle related diseases as well as high maternal mortality and child malnutrition. The WHO director said, “decades of budget cuts and under-investment have created the crisis we now face.” JPEPAis bad for health of migrants The UN reported that migrants often face serious obstacles to good health due to discrimination, language and cultural barrier, legal status, and other economic and social difficulties and this maybe experienced by the Filipino migrant-trainees in Japan. Most of the health workers are women, thus trafficking and prostitution of women would be an expected problem with JPEPA. JPEPA destroys the environment and a threat o health While luring health professionals to move to Japan, Japan will be allowed by JPEPA to move and dump its toxic wastes to the Philippines. Article 29 includes “scrap and waste” as tradable goods from Japan to the Philippines. The tariff schedule of the Philippines was changed from the existing most favored nation tariffrate ranging from 3%-30% for hazardous waste materials into a preferential rate of 0% tariff. Obviously, the dumping of toxic and hazardous wastes from Japan to our country, isa threat to the health of the peoples in our land, JPEPAviolates due process and undermines the Senate and the people JPEPA provides for amendment and repeal of domestic laws that impede the implementation of the trade agreement.’ Thus, safeguards such as RA 6969 and RA.9003 may be amended or repealed. Our legislative history shows that laws, which are priority legislative agenda of the President, have been passed even if they are to the detriment of the peoples of the Philippines. The clause “except in cases of emergency and of purely minor nature” of Article 5, Public Comments and Procedures of JPEPA, are very vague and broad. It opens possibilities that regulations in customs regarding hazardous wastes maybe amended to make dumping of wastes to the Philippines easier and the public is not given the chance to participate in public hearings. The Agreement provides that if amendments relate to Product Specific Rules (Annex 2), Minimum Data Requirement for Certificate of Origin (Annex 3) or Part 2 of Annex 4 referred to in Chapter 6 Sectoral Annex in relation to Article 61,” the treaty may be amended through diplomatic notes, without the concurrence of 2/3 of the Philippine Senate. The authority of the Philippine Senate is usurped by the Executive in this provision and it also deprives the people to participate in Senate public hearings. What are listed as possible to amend by mere diplomatic notes are key elements of the Agreement which have bearing on the entry of hazardous wastes. If the minimum data requirement for certificate of origin is changed, the Philippine soil and waters may end up the dumping grounds not only of hazardous wastes from Japan but also from other countries. eePoor health leads to poor productivity Inconclusion, with JPEPA's negative impact on health, national productivity will suffer and the fabric of society willbe weakened. The WHO noted “In effect, developing countries are providing a reverse subsidy, in which the costs of the global mobility of health workers are being shouldered by poorer source countries, while the benefits are concentrated in wealthier recipient countries. ..Health workers are not just the cornerstone of health systems. By improving the quality of life of others, they enable them to be fuller members of society. In countries with inadequate numbers of health workers, national productivity suffers and the fabric of society is weakened.” Recommendations 1. The JPEPA should not be ratified by the Philippine Senate. A rights based approach to treaty-making, law making and policy making should be implemented at the national and local levels. 2. The health human resource crisis which negatively impacts on health services for the peoples in the country should be recognized and given solution by the Philippine government immediately. Several recommendations have been put forward, including the implementation of the Magna Carta for Public Health Workers (RA 7305) and the Nursing Act 2002 (RA 9173), increase of health budget to assure improved hospital and health station facilities, better working conditions and better benefits for the health workers, among others. 3. Improve the waste management in the country to protect people from health hazards and for a balanced ecology. Ensure the implementation of RA 6969, the Clean Air Actand RA 9003. Notes: Dr Shigeru Omi in “WHO lists remedies for eritical shortage of health workers” published by PDI, April7, 2006, page AI > Omi, 2006 *Anicle 4, Review of Laws and Regulations, Agreement of the Republic of the Philippines and Japan on Eeonomie Partnership or JPEPA. “Amtcle 163, Amendment, Agreement of the Republic of the Philippines and Japan on Economic Partnership of JPEPA. “Omi, 2006. ee