Diversity of Policies and Practices in the Civil Service:The Philippine Experience Policies, practices and initiatives of the Philippine government to address the issues of diversity in the workplace along the processes of recruitment, appointment, promotion and retention. It will also highlight some issues and concerns and recommendations to address them. The Philippines is a country of diverse culture, ethnicity, language and racial origin. There are eight (8) major languages and more than 100 sublanguages and dialects. For example, if one goes to the province of Bulacan and travels from one town to another, which may just be a distance of one or two kilometers, one would notice distinct variations in the sub-languages and dialects used. The fact that the country has about 7,100 islands reinforces this diversity. Diversity is not limited to cultures with different nationalities and belief. It also encompasses:``gender difference``ethnicity``persons with disability

Brief Background on Personnel Administration in the Philippines Appointments in the Philippine civil service are made in accordance with the principle of merit and fitness. Opportunities for government employment are open to all provided they meet the qualification requirements. A major requirement is an eligibility which is obtained through an examination. For every position in government, minimum standards are set pertaining to education, training, experience and eligibility requirements.What usually happens in real life is very sad. One must need to provide offering to the person in power in order to receive favor and a place in his office. 'the whom you know' system of the Philippines.The development and retention of highly competent professional workforce are continuing concerns of the government. The Philippine Civil Service Commission (PCSC) made a policy that employees are to be provided with at least two (2) human resource development interventions every year for their personal growth and career advancement. A scholarship program (local and foreign) was established to provide educational and other learning opportunities for various levels of personnel.The competence of the employees in the civil service is gauged through the administration of performance evaluation system which is done every six (6) months. Those who perform well and exceed the target by more than 50% may be given an Outstanding rating.The employee could also be a candidate for promotion and may be rewarded through other forms of incentives. On the other hand, a Poor performance could be a ground for separation from the service.There is an Honor Awards Program conferred by the President of the Philippines which recognizes outstanding employees every year. In the PHILIPPINE setting, the actual scenario of receiving an outstanding merit has become a disappointment. Civil servants have become very "tamad"/lazy in performing their duties especially when it comes to innovation because they only focus on improving some statistics by a few percentages (5% for example).

General Policy and Legal Framework There are several landmark legislations and policies to ensure that women, persons with disabilities and indigenous people are empowered and given equal access to economic, social and political opportunities. The highest law of the land, the Philippine Constitution, states in the Bill of Rights that no person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws.Full protection to labor, local and overseas, organized and unorganized, and the promotion of full employment and quality of employment opportunities for all arealso guaranteed. For women, the state upholds the fundamental equality between women and men before the law and recognizes the role of women in nation building.Accordingly, women shall be protected by providing safe and healthful working conditions, taking into account their maternal functions, facilities and opportunities that will enable them to realize their full potential. For disabled persons, the state has guaranteed the establishment of a special agency for disabled persons for their rehabilitation, self-development and self-reliance and their integration into the mainstream of society.For indigenous peoples, the Constitution recognizes, respects and protects their rights and ensures the preservation and development of their cultures, traditions, and institutions.

Laws and Policies on Diversity to Address Specific Sectors I. Women(a) the allocation of a substantial portion of official development assistance (ODA) to women in development programs/projects/activities;(b) the review/revision of all government regulations, circulars, issuances and procedures to remove gender bias;(c) the active participation of women and womens organizations indevelopment programs; and,(d) the equal right of women and men to enter into contracts, become member in clubs, gain admission to military schools and, as a spouse who does household work full-time, get social security insurance and housing As early as 1975, an organization, the National Commission on the Role of Filipino Women (NCRFW), was created to review, evaluate and recommend measures, including priorities to ensure the full integration of women for economic, social and cultural development at all levels and to ensure further equality between women and men. The NCRFW had been reorganized several times to make it more responsive the needs of the Filipino women. There were also a number of programs that addressed violence against women (VAW) and womens lack of economic empowerment, namely: the National Family Violence Prevention Program and the Productivity Skills and Capability Building Program. As the central personnel agency of the government, the PCSC has been very proactive in mainstreaming gender and development concerns in the recruitment, appointment, promotion and retention processes. The following policies, programs and initiatives are significant milestones: (a) A full flexi-time schedule which allows the employees to start and end work at a time convenient to him/her provided that the same shall not be prejudicial to the prompt and efficient delivery of service and shall not disrupt the daily operations of the office. Work hours shall be from 7:00 a.m. to 7:00 p.m. Thus, employees are given the option to set their work schedule provided that the core working hours of 9:30 a.m. to 4:00 p.m. are observed. Moreover, employees are required to render at least forty hours of work in a week.(b) The maternity leave policy has been made more flexible. A woman is now given the option to return to her work before the expiration of her two month leave. This allows her to receive the benefits granted under the Maternity Leave Law and the salary for actual services rendered effective the day she reports for work. In 1998, the maternity leave policy was expanded to include unmarried women and contractual employees. (c) The PCSC established in 1989 a model Day Care Center for the employees children where the play-study method is used. In addition, a Breastfeeding Center has been put up. Other agencies are being encouraged to put up their own day-care and breastfeeding centers. (d) There were affirmative policies which specifically state that no pregnant women shall be discriminated against on matters of promotion and career development. In 1990, the policy which prevents women with children below two (2) years old and without the consent of their husbands from attending foreign training and scholarship opportunities, was removed. (e) There were provisions for reproductive health concerns which include annual Pap smear and mammography tests for women ages 35 and above.(f) A Committee on Decorum and Investigation (CODI) was created in all government agencies to ensure proper investigation in the handling of sexual harassment cases with representation from the GAD Focal Persons. (g) Policies and initiatives to promote and ensure a sexual harassment free environment were also formulated, e.g.,The Administrative Rules on Sexual Harassment Cases which provide uniform interpretation on the prosecution, investigation and resolution of sexual harassment cases in the public sector; The Manual on How to Handle Sexual Harassment Cases was drafted to serve as a tool to aid the CODI as well as victims of sexual harassment in understanding the issue of sexual harassment and provide step-by-step procedures in handling such cases; An intensive information campaign was undertaken to promote awareness of the Administrative Rules on Sexual Harassment and a thorough understanding of the issue on sexual harassment. There are other laws passed which address womens career concerns, to wit:a) RA 8551, Reform and Reorganization of the Philippine National Police (PNP) mandates that ten percent (10%) of the police force should be women. However, the same law has required a height requirement, which is 5 feet and 2 inches for women and 5 feet and 4 inches for men.These height requirements have been found to be discriminatory in the light of the average height of Filipinos which is lower than what has been prescribed; and,b) The Solo Parents Welfare Act of 2000 which basically relieve solo parents of the burden and fear of responsibility of raising a family alone by institutionalizing adequate state assistance and relevant support services both for the solo parents and their children. 2) Persons with Disabilities (PWDs)Republic Act 7277 otherwise known as the Magna Carta for Disabled Persons was passed in 1992. This law strongly prohibits employment discrimination against a qualified disabled person in regard to application, hiring, promotion, compensation and other employment conditions. The government guarantees that five (5%) percent of all casual, emergency and contractual positions in the three (3) departments, i.e., social welfare and development, health, and education, and other government agencies engaged in social development shall be reserved for disabled persons. With this law, a National Council for the Welfare of Disabled Persons (NCWDP) was established to formulate policies on disability, to coordinate the functions of public and private entities and international organizations operating in the Philippines and to enforce laws on disability prevention, rehabilitation and equalization of opportunities for persons with disabilities. The Magna Carta explicitly provides that no entity, whether public or private, shall discriminate against a qualified disabled person by reason of disability in regard to job application procedures, the hiring, promotion, or discharge of employees, employee compensation, job training, and other terms,conditions, and privileges of employment. The law likewise prohibits the following acts of discrimination: (a) Limiting, segregating or classifying a disabled job applicant;(b) Using qualification standards or selection criteria that tend to screen out a disabled person unless such standards are shown to be job-related for the position in question;(c) Utilizing standards, criteria, or methods of administration that:(1) have the effect of discrimination on the basis of disability, or(2) perpetuate the discrimination of others who are subject to common administrative control;(d) Providing less compensation or other forms of remuneration and benefits to a qualified disabled employee, by reason of his disability, than the amount to which a non-disabled person performing the same work is entitled; (e) Favoring a non-disabled employee over a qualified disabled employee with respect to promotion, training opportunities, study and scholarship grants;(f) Failing to select or administer in the most effective manner employment tests which accurately reflect the skills, aptitude or other factor of the disabled applicant; and,(g) Excluding disabled persons from membership in labor unions or similar organizations. In 1990, the PCSC issued a memorandum circular(MC) explicitly stating that disabled persons may apply and take civil service examinations. The MC further clarified that a healthy government workforce should not be interpreted to disqualify or disenfranchise persons who are merely crippled, deaf, mute or blind and those who only suffer partial physical disabilities, which deformities do not render them incapable and unable to perform the duties of certain positions in government. The MC was reiterated in 1999 with a directive to enjoin all government agencies to provide employment opportunities to qualified persons with disabilities in all government agencies. In September 1999, a major initiative was the development of a computer assisted test for visually impaired people known as the CAT-VIP. This technology uses a special gadget called a voice synthesizer and a screen access program that enables the visually impaired to read the test questions displayed on the screen. It converts machine-readable text to audible speech. The time limit for the examination has been extended from three (3) hours to four (4) hours for the professional level and for the subprofessional level, from 2 1/2 hours to 3 1/2 hours. Those who pass the examination shall be conferred an eligibility which is an entrance requirement for all those seeking permanent appointment in the government. The PCSC has no statistics on the number of PWDs who took and passed the examinations.The PCSC, through an inventory in 2001, recorded a total of 1,444 PWDs employed in government, with the following breakdown: National Agencies - 468; Government Owned and Controlled Corporations 99; Local Government Units 857; and local water districts 20. 3) Indigenous Peoples and Ethnic CommunitiesComprised of 110 ethnolinguistic groups, the indigenous peoples constitute a significant segment of Philippine society. These communities have been isolated and have fallen behind the mainstream population in terms of socioeconomic development. Cognizant of the need to speed up the development of these communities and to hasten their integration into society, the Philippine government enacted several laws to protect their ancestral domain and promote respect for their distinct way of life. A landmark legislation for indigenous peoples was passed in 1997. Republic Act 8371, otherwise known as the Indigenous Peoples Rights Act of 1997, is an act to recognize, protect and promote the rights of indigenous cultural communities/indigenous peoples. To oversee the strict implementation of the law, the National Commission on Indigenous Peoples (NCIP) was created to primarily protect and promote the interest and well being of the indigenous peoples with due regard to their beliefs, customs, traditions and institutions.As such, it shall serve as the primary government agency responsible for the formulation and implementation of pertinent and appropriate policies, plans and programs to carry out the policies set forth in the new law. Responsive to the intent of the law, the PCSC has issued a circular to encourage appointment of natives or indigenous people in a certain region, the Cordillera Administrative Region (CAR), whose population is composed mostly of ethnic groups and communities. In the 60s and 70s, the PCSC conferred eligibilities to members of the cultural communities through a testimonial procedure. This process, however, was abused by some individuals who made false claims of their membership in certain cultural groups to secure civil service eligibilities. It defeated the purpose of responding to the needs of the members of cultural and ethnic groups. To end this practice, the Commission conducted the Cultural Community Examination (CCE) in 1989, a customized examination for 12 cultural and ethnic groups in the country that is more responsive to the kind and level of education and the limited development opportunities that they are exposed to. The examination, however, was stopped for reasons which were not very clear. It is said that it was stopped in view of the low passing rate, i.e., out of the 18,031 examinees, only 1, 755 passed. Another reason invoked the merit and fitness principle and enjoined them to take the regular examinations. There may be a need to take a deeper look into this and consider the possibility of reviving the examination. In the case of Muslims in the Autonomous Region of Muslim Mindanao (ARMM), the PCSC statistics show that they have performed poorly in the career examinations. In 2000 and 2001, passing rate ranged between .35% and 1.86%. 4) Employees in the Local Government Units (LGUs)One major breakthrough affecting local government units was the passage of the Local Government Code (LGC). This law (RA 2171) sets the foundation for truly sustainable development and self-reliant local government units. It has also afforded autonomy to local government relative to its personnel functions. Like any other head of office, a local chief executive was accorded powers and/or rights on personnel administration. Among others, they include the right to appoint, promote and to exercise such other personnel actions as reassignment and detail which are generally considered as management prerogatives. These powers also included the right to discipline and to impose the corresponding penalties. In the exercise of these powers, however, certain laws, rules and regulations have to be observed. Freed from an overly centralized government, the LGC spurred major changes by devolving more powers and resources to Local Government Units (LGUs) and allowing peoples participation in local governance. The Code allowed each LGU to grow in the direction it has determined for itself and in accordance with its own capabilities. A major plus-factor in work diversity is the imposition of the residency requirement among appointive local officials in the provincial, city andmunicipal levels, e.g., secretary, treasurer, assessor, accountant, health officer, among others. Local appointive officials are required to be a resident of the locality for at least six (6) months immediately preceding their appointment. According to key informants from the Department of Interior and Local Government, the residency requirement has many benefits. Being a resident of the area, an appointee is expected to be more accountable for his/her performance. The appointee is relatively more committed and dedicated to the job as he/she is more accustomed and acclimatized to the work area. There is also the element of safe and secure work environment. On the downside, however, this requirement has been used by many political leaders to push for or ensure appointment of their proteges who barely meet the minimum requirements when there may be better-qualified applicants outside the community or locality. For example, the Department of Finance is seeking the amendment of the law to remove this requirement for treasurers in the local government. It is argued that there is a need to have a checkand-balance arrangement between the mayor and the treasurer to ensure proper fiscal management of the community resources 5) Public Sector UnionsExecutive Order No. 180 restored the right of workers in the public sector to self-organization. This right has been denied public sector employees starting 1972 when martial law was declared over the country. The directive provides that government employees shall not be discriminated against in respect to their employment by reason of their membership in employees organizations or participation in the normal activities of their organization. Their employment shall not be subject to the condition that they shall not join or shall relinquish their membership in the employees organizations. At present, there are 1,645 public sector unions with 278,115 members from the total of about 1.4 million human resource in government operating in various parts of the country. One of the major concerns of unions is the inadequate support and lack of appreciation of management on the benefits of public sector unionism. Despite the limited number of PSU members vis-vis the total number of government employees, they have an active role in pushing for the welfare of employees nationwide. Among its various achievements are the installation of women-friendly facilities, promotion of physical fitness, flexi-time arrangement and setting up of grievance machineries. The PCSC, as an advocate of employee empowerment in the public sector has encouraged public sector unions to draw up a Checklist of Reasonable Working Conditions to establish a working environment which will promote harmonious relationship between the management and the unions and to contribute to the attainment of a responsible public service. To oversee the management of personnel relations programs particularly settlement of disputes between management and unions, the Public Sector Labor Management Council (PSLMC) was created. The PSLMC issued a recent policy which provides the prerogative to the union in the use of the 50% of the total savings of an agency. These could be used for the improvement of working conditions, employee assistance, among others. 6) ElderlyThe Philippines has a relatively young population. As of 2002, older persons represent 8.4 percent of our total population. However, that number is growing at a faster rate than in many other countries and is expected to increase to 18.1 percent of the total population, or exceed 11.1 million by 2025. Guided by the Philippine Constitution, laws that recognize the positive role of older persons in our society have been enacted, encouraging older persons to contribute to nation-building and to mobilize their families and the communities they live with, to reaffirm the Filipino tradition of caring for older persons. These laws further granted benefits and special privileges to older persons as well as created the office for senior citizens' affairs nationwide. A republic act in 1995 established senior citizens centers to serve as venues for the delivery of integrated and comprehensive services to older persons. The organizations of older persons manage these centers with the support of the local and national governments. Based on the Vienna Plan of Action on Ageing and the Macao Plan of Action on Ageing for Asia and the Pacific, the Philippines adopted the Philippine Plan of Action for Older Persons in 1999. The plan of action addresses eight major areas of concern: namely, older persons and the family; social position of older persons; health and nutrition; housing, transportation and environment; income security, maintenance and employment; social services and the community; continuing education/learning; and, older persons and the market. Strengths of the Philippines on the Issue of Diversity As can be gleaned in the numerous policies for women, persons with disabilities, indigenous peoples, PSU members, LGU employees and the elderly there exists a strong legal and policy framework for these groups. Their rights and privileges have a strong foundation in the Constitution.Moreover, as a signatory to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Philippines is committed to implement this as well as other international agreements to improve the situation of Filipino women The government has not been remiss in setting up strong institutional and support systems to look after the welfare of each of these groups. There is the National Commission on the Role of Filipino Women, the National Council forIndigenous Peoples, the National Commission on the Welfare of Disabled Persons, and the Public Sector Labor Management Council. The PCSC, through its quasi-judicial functions, has the power to act on complaints involving discrimination and harassment. From 1995, the PCSC has received thirty-eight (38) cases on sexual harassment which has led to fifteen (15) dismissals, seven (7) suspensions and two (2) acquittals. The strong institutional and support system put in place is further strengthened by the active involvement of non-government organizations (NGOs) and civil society organizations (CSOs) in the country. There exists a workable partnership between government agencies and NGOs/CSOs in so far as the implementation and monitoring of programs and policies are concerned. The NGOs and CSOs also serve as vigilant watchdogs to ensure that such programs and policies are properly implemented. Continuing Challenges and Recommendations 1) There is need to intensify actions to help women break the glass-ceiling and thus increase their level of participation in the top level decision-making positions. Out of 5,000 positions in the third or executive/managerial level of the bureaucracy, only 30% are women. Key initiatives will include changing mindsets of appointing authorities and the benefits of equal representation and participation of women and men in decision-making and training programs and leadership. 2) There is need to improve the career mobility of local government employees into national career positions. Oftentimes, they are stuck in their careers in the local governments. There should be mechanisms to allow them to obtain information and for them to be automatically considered for vacancies in the national career positions. Relatedly, there is a need to study their working conditions vis--vis national government employees. 3) The PCSC needs to undertake policy study on addressing the dilemma on ensuring a balance between the merit and fitness principle in recruitment and the principle of equality. There is need to assess whether the PCSC examination for PWDs is really responsive, i.e., is the compensatory extra hour for the examination adequate? In the case of the indigenous peoples, similar concerns must be raised.

The existing civil service examinations are all in the English language. These tests have been developed by experts most of whom are based in Metro Manila and schooled in the best universities. There may be some insidious forms of discrimination resulting from these situations. 4) There is need to improve the recency and regularity of generating information regarding the five (5) sectors to allow comparison over time and to determine if improvements have been achieved. It may be noted that the PCSC does not disaggregate information on the number of PWDs who have passed the civil service eligibility examination as these information are lumped into the overall results. There is need to know the extent of representation of the PWDs and indigenous peoples in the public sector workforce. 5) There is need to improve and strengthen the information, education, communication and advocacy on the policies and issues affecting the five (5) sectors. Critical to these activities will be the participation and involvement of NGOs and civil societies. 6) While there are enough laws in the Philippines addressing diversity, most of which can even be considered advanced, much still needs to be done in terms of ensuring the effective implementation and enforcement of such laws.With the limited budgetary support from government, most programs and policies for women, persons with disabilities and the indigenous peoples, cannot be adequately undertaken. For example, not all government entities are able to establish day care centers because their budgets will not allow them this expense. 7) In the course of gathering data for this paper, there was difficulty in looking for papers, researches and books that touched directly on diversity. Diversity, as a word, is sparsely used. In its place, the terms indigenous, native, disadvantaged, and marginalized were adopted. In most resource materials that were found in libraries, the word diversity is usually coined with bio to mean the variety of plant and animal life in the Philippine ecosystem.There may be a need to undertake advocacy, education and communication activities to introduce the word, diversity to build consensus, and reiterate its benefits and importance, especially in a country with as diverse a culture and origin as the Philippines.

The Philippine Policy-making Process

The Philippine policy-making process is forged by the following:Bi-cameral legislative body, composed of the Senate and the House of Representatives: the executive branch of government, headed by the President of the PhilippinesThe judiciary headed by the Chief Justice of the Supreme Court. This has review over the decisions of the executive and legislative branches, particularly on questions of constitutionality and statutory construction.The process follows the public policy models.Various mechanisms are in place for public policy in every branch of government:1. Cabinet2. The NEDA Board3. Special consultative bodies as the LEDAC (Legislative-Executive Development Advisory Council) for the Executive Branch4. The committees and the procedures for enacting laws, for the legislature5. The various courts from the municipal, regional trial courts to the Court of Appeals and the Supreme CourtLGUs have their LCEs (governor/mayor) and his offices. The legislative is in the sanggunians or Local Councils headed by the vice-governor or vice-mayor.

The cabinetAll the heads of department and those occupying the rank of secretary, in the executive branchHeaded by the president, who is the prime initiator and implementer of policies and programs in the country.Function is to orchestrate, with the guidance from the pres., all activities, proposals and policies of the governmentThe Executive Policy making mechanism through the cabinet

The NEDA BoardLike a mini cabinet Headed by the president,Vice Chair is the Director General of the NEDA SecretariatMembers: Executive Secretary and Secretaries of the following departments;Finance, Trade and Industry, Agriculture, Environment ands Natural Resources, Public Works, Budget, Labor, Local Government, Agrarian Reform, Foreign Affairs and healthThe Executive Policy making mechanism through NEDA Board

The LEDACA special consultative body which aims to provide advisory and consultative mechanism to ensure consistency in coordinating executive development planning and congressional budgetingConstituted in 1992 under RA 7640,, it also aims to provide a mechanism for consensus building and serve as a consultative and advisory body to the PresidentCompositionChair: President Vice Chair: Vice Pres.Members: Senate President, Speaker of the House, 7 members of the cabinet designated by the pres, 3 members of the senate designated by the senate pres (at least 1 from dominant minority party), 3 members of the house of rep designated by the speaker of the house (at least 1 from dominant minority party), a representative from the LGU, a representative pf the youth and a representative from private sector or any combination of the following: business, coop, agriculture, laborInternal Structure of the LEDAC Secretariat

Policy making process through the LEDAC