The Plight of Filipino Kangoshi

and Kaigofukushishi

in Japan

The governments of Japan and the Philippines reached a basic political agreement on a bilateral free trade — the Japan-Philippines Economic Partnership Agreement or "JPEPA" — on 29 November 2004 at the ASEAN Summit in Laos.

It is the Philippines first free trade agreement and Japan’s fourth (the others are with Singapore, Mexico and Malaysia).

What is the Japan-Philippine Economic Partnership Agreement?

JPEPA was ratified by the Philippine Senate on the night of October 8, 2008.

Only four senators voted against the treaty namely Aquilino Pimentel Jr., Ma. Consuelo “Jamby” Madrigal, Francis Escudero and Beningno “Noynoy” Aquino Jr.

What are the major issues in JPEPA?

The Agreement is composed of three general provisions: environmental, trade of goods and services, and movement of natural persons (health service).

The Philippines would open its doors to Japan, allowing them to explore and use the country’s natural resources.

It has also set provisions on the exchange of particular products.

JPEPA’s stipulations on the trade of goods and services set tarriff lines between the two countries.

The agreement provisions also eases the market access of Philippine products to Japan, boasting that semi-conductors and electronics industry, automotive parts, furniture, and garments industry will benefit the most with the ratification of the agreement.

However….  All the anticipated gains of the Philippines in the JPEPA are just imagined.

For instance, in the “trade in goods and services” chapter of the JPEPA, Japan was able to exclude 651 tariff lines, 238 of which are agricultural products while the Philippines excluded only 6 tariff lines covering only rice and salt. Japan also maintained its protection to its agricultural sector even to products [dairy produce, oranges and shiitake mushrooms] where the Philippines does not posed a threat to their domestic industry.

Accordingly, the Philippines was not able to “get a commitment from Japan to eliminate the latter’s trade-distorting export subsidies; while Malaysia, Indonesia, and Thailand got the commitment in question.

In addition, in the JPEPA the base rates of the Philippines for fish, crustaceans and mollusks are set from 3% to 10% . This is actually lower than these products bound rates in the Philippines’ WTO schedule, which is 30% to 40%.

On the other hand, when it comes to environmental provisions, the JPEPA included toxic, hazardous and nuclear wastes in the Philippines’ list of tradable goods, which is a violation of Republic Act (R.A.) 6969 of the country and the Basel convention.

What are the qualifications for Filipinos who want to enter Japan as healthcare professionals (i.e. nurses and caregivers)? The minimum requirements for Filipino nurses who want to work in Japan are: 4-year nursing degree; nursing board exam passer and at least three years of working experience.

For Filipino caregivers, he/she should be a “holder of 4-year university bachelor’s degree plus a careworker certification from the Philippines Technical Education and Skills Development Authority (TESDA) or; a holder of a Bachelor of Science Nursing Degree from a duly accredited nursing school in the Philippines (meaning even if not a passer of the Philippine national licensure exam for nurses.

Will Filipino healthcare professionals, upon meeting the minimum qualifications set by Japan, be co-equals with Japanese nurses/caregivers upon their entry in the said country?

Filipino nurses/caregivers are obliged to undergo language training in their first 6 months in Japan.

They would also undergo on-the-job training at the hospital under the supervision of a duly registered Japanese nurse/care worker.

They would serve as “trainees” relegated to the bottom of Japanese nurses.

Filipino healthcare professionals should first pass Japan national licensure exam for nurses/caregivers in order to be registered nurses/caregivers.

Subsequently, a Filipino nurse will be given $400 per month with free board and lodging during his/her 6 months training only.

How does JPEPA disadvantaged Filipino

healthcare professionals?

JPEPA has disadvantage Filipino health professionals on three grounds.

First, Filipino nurses and caregivers are subjected to more stringent requirements before they could enter Japan compared to their counterparts in Indonesia.

Second, Filipinos are obliged to undergo six (6) months of language and practical nurse training simultaneously in “preparation” for the Japan national licensure examination for nurses, which they must pass for them to progress from being a “trainee.”

Third, Filipino nurses are not afforded adequate safeguards against exploitation and discrimination by the Philippines and Japanese government; whereas the Philippines committed to protect Japanese nurses by placing them only on duly instituted hospitals and other institutions.

If Filipino healthcare professionals fail in the national licensure exam of Japan for

nurses/caregivers, will they be allowed to take another exam?

Filipino caregivers can only take the board exam in Japan once during their 4 year stay in Japan, while nurse candidates can take 3 times.

They have to go home unless they pass the board exams within 3 years (nurses) or 4 years (caregivers).

What would be the worst implication of ratifying JPEPA,

particularly on our health sector?

Ratifying JPEPA would only bolster the continued exodus of health workers which has already led to the closure of some hospitals and health facilities.

We may not have a shortage in nurses as we graduate thousands of them each year, but our country suffers from a shortage of experienced and skilled nurses.

As JPEPA only permits the entry of nurses with at least 3yrs experience, we are further depleted of our experienced nurses.

If this trend continues, warnings of groups that our health system will

collapse in the near future if we do not addressed our health workers shortage

are likely to come true.

Does JPEPA meet the basic and non-negotiable requirements of

a bilateral agreement?

In general, JPEPA has completely failed to meet the basic and non-negotiable requirements of a bilateral agreement.

Economic cooperation among countries can be achieved through bilateral agreements and investment deals BUT such cooperation must be founded on mutual respect and benefit which are the basic requirements of a bilateral trade.

What can the government do to protect Filipino healthcare

professionals from the unfair provisions of the JPEPA?

The Philippine government should, at the very least, be discerning in the recruitment and deployment of our health professionals overseas to ensure minimum impact in the loss of our health professionals and aspire for long-term gains

Government should increase local employment opportunities for the thousands

of nursing/caregiving graduates from countless nursing schools in the country

every year. Government should start by strengthening the domestic economy and the health system that will provide the conditions for health professionals to stay

inthe country and live their lives in dignity. The government must implement RA 9173 (Nursing Act of 2002) and RA 7305 (Magna Carta for Public Health Workers) fully and immediately.