May 20, 2013

DFA DEPARTMENT ORDER NO. 09-13

GUIDELINES ON THE FORMULATION AND IMPLEMENTATION OF THE HIV AND AIDS PREVENTION AND CONTROL POLICY AND PROGRAM IN THE DEPARTMENT OF FOREIGN AFFAIRS AND ITS ATTACHED AGENCIES

In accordance with the provisions of

SECTION 1. Objective. These guidelines are intended to ensure compliance with

SECTION 2. Coverage. These Guidelines shall apply to all units and personnel of the Department of Foreign Affairs (DFA) and its attached agencies, the Foreign Service Institute (FSI), the Technical Cooperation Council of the Philippines (TCCP) and the UNESCO National Commission of the Philippines (UNACOM).

SECTION 3. Definition of Terms.

3.1. Human Immunodeficiency Virus (HIV) refers to the virus which causes AIDS.

3.2. Acquired Immune Deficiency Syndrome (AIDS) a condition characterized by a combination of signs and symptoms, caused by HIV contracted from another person and which attacks and weakens the body's immune system, making the afflicted individual susceptible to other life-threatening infections.

3.3. Voluntary Counseling and Testing (VCT) (Also called Client-Initiated HIV Testing and Counseling) involves individuals actively seeking HIV testing and counseling at a facility that offers these services. Client-initiated HIV testing and counseling usually emphasizes individual risk assessment management by counselors, addressing issues such as the desirability and implications of taking an HIV test and the development of individual risk reduction strategies.

Client-initiated HIV testing and counseling is conducted in a wide variety of settings including health facilities, stand-alone facilities outside health institutions, through mobile services, in community-based settings and even in people's homes (www.unicef.org). AIHDcC

3.4. Provider-Initiated Confidential Counseling and Testing (PICCT) Refers to HIV testing which is recommended by health care providers to persons attending health facilities as a standard component of medical care. The major purpose of such testing is to enable specific medical services to be offered that would not be possible without the knowledge of the person's HIV status.

As in the case of client-initiated HIV testing and counseling, provider-initiated HIV testing and counseling is voluntary and the "three C's" informed consent, counseling and confidentiality must be observed. (www.unicef.org)

SECTION 4. Formulation of Policy and Program.

4.1. The Policy and Program on Human Immune Deficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS) Prevention and Control of the DFA shall be in accordance with

4.2. The HIV and AIDS Prevention and Control Policy and Program shall be integrated in the employee health program of the DFA and in that of its attached agencies.

4.3. There shall be collaborative efforts from the management and employees' associations/unions in the development and implementation of the HIV and AIDS policy and program.

4.4. The HIV and AIDS Prevention and Control Policy and Program may be included in the provisions of the Collective Negotiation Agreements with employees' associations/unions, if existing.

4.5. The Department shall seek the technical assistance of the Philippine National AIDS Council (PNAC) in the formulation of its HIV and AIDS Prevention and Control Policy and Program.

SECTION 5. Components of the HIV and AIDS Prevention and Control Policy and Program.

The policy and program shall include, among others, the following:

5.1 Advocacy, Information, Education and Training

5.1.1. All Department personnel and its attached agencies shall be provided with standardized basic information and education on sexually transmitted infections (STI), HIV and AIDS.

5.1.2. The Office of Personnel and Administrative Services (OPAS) and the Foreign Service Institute (FSI), in consultation with the Department of Health, shall be responsible for providing standardized basic information and education on STI, HIV and AIDS to DFA personnel. Topics for information and education activities shall include, but not be limited to:

5.1.2.1 .Basic information and statistics on STI, HIV and AIDS

5.1.2.2. Modes of HIV transmission (Recognition of risky behavior and self-assessment)

5.1.2.3. Prevention and control of STI and HIV infection (e.g., responsible sexual behavior and harm reduction measures in drug use)

5.1.2.4. Gender, sex and sexuality HICATc

5.1.2.5. Information on confidentiality

5.1.2.6. Promotion of non-discrimination and non-stigmatizing attitude towards people living and affected with STI, HIV and AIDS

5.1.2.7. Voluntary Counseling and Testing (VCT) and Provider-Initiated Initiated Confidential Counseling and Testing (PICCT)

5.1.2.8.

OPAS and FSI must ensure that the content of the information and educational offering is guided by the criteria set in Section 7 of the

5.1.3. The workplace education package on STI, HIV and AIDS shall be based on the information, education, and communication (IEC) and reference materials developed and/or endorsed by the PNAC, and shall be used extensively to intensify the information and education drive on HIV and AIDS. The module may be expanded based on the Department's needs.

5.1.4. The OPAS and FSI, in consultation with DOH and PNAC, shall be responsible for providing jointly funded specialized training on STI, HIV and AIDS to diplomatic, military, trade, labor and other government officials and staff, including Gender and Development (GAD) focal points, who will be assigned overseas. The training shall include information on a referral mechanism that shall be developed to assist overseas Filipinos living with HIV and AIDS. The OPAS and FSI shall award training certificates to those who satisfactorily complete the requirements of the training and attend the required number of training hours. AacDHE

5.1.5. The Office of United Nations and other International Organizations (UNIO) together with the Office of the Undersecretary for Administration (OUA) and the Office of the Undersecretary for Migrant Workers Affairs (OUMWA) shall monitor the implementation of the policy and program on HIV and AIDS. All program implementers (e.g., health personnel, training officers, educators, trainers, personnel or human resource officers, administrative officers, GAD focal points, and the like) shall continuously receive education and training on STI, HIV and AIDS, in coordination with the PNAC.

5.2. Social Policy

The HIV and AIDS Prevention and Control Policy and Program shall include:

5.2.1. Non-discriminatory Policy and Practices

5.2.1.1. The Department and its attached agencies shall not discriminate, from pre- to post-employment, including hiring, promotion or assignment, based on HIV status, be it actual, perceived, or suspected.

5.2.1.2. The Department and its attached agencies shall not use actual, perceived or suspected HIV status as the basis for termination from work.

5.2.1.3. The Department shall not discriminate when extending assistance to Filipinos overseas, based on HIV status, be it actual, perceived, or suspected.

5.2.1.4. The Department shall not discriminate when providing consular services (e.g., issuance of passports, visas, authentication of documents) to persons living with HIV and AIDS. Passports, visas and the authentication of documents shall not be denied based on HIV status, be it actual, perceived, or suspected. caHIAS

5.2.2. Confidentiality

The DFA policy on HIV and AIDS, relative to confidentiality, shall strictly comply with the provisions of Sections 18, 30 and 33 of

Section 18.Anonymous HIV Testing. The State shall provide a mechanism for anonymous HIV testing and shall guarantee anonymity and medical confidentiality in the conduct of such tests.

Section 30.Medical Confidentiality. All health professionals, medical instructors, workers, employers, recruitment agencies, insurance companies, data encoders, and other custodians of any medical record, file, data, or test results are directed to strictly observe confidentiality in the handling of all medical information, particularly the identity and status of persons with HIV.

Section 33.Penalties for Violations of Confidentiality. Any violation of medical confidentiality as provided in Sections 30 and 32 of this Act shall suffer the penalty of imprisonment for six (6) months to four (4) years, without prejudice to administrative sanctions such as fines and suspension or revocation of the violator's license to practice his/her profession, as well as the cancellation or withdrawal of the license to operate any business entity and the accreditation of hospitals, laboratories or clinics.

5.2.3. Work Accommodation and Arrangement

The Department and its attached agencies shall adopt reasonable work accommodation measures to support their personnel living with HIV and AIDS through flexible leave arrangements, rescheduling of working time and arrangement for return to work.

5.3 Diagnosis, Treatment and Referral for other services

5.3.1. The Department and its attached agencies shall provide access to preventive, diagnostic and treatment services for HIV and AIDS to minimize the risk of HIV infection through a referral mechanism that shall be adopted for personnel to access the services of the nearest social hygiene clinics, and/or private and government health service providers, and positive community/HIV support groups. cSATDC

5.3.2. Voluntary Counseling and Testing (VCT) and Provider-Initiated Confidential Counseling and Testing (PICCT) for HIV

5.3.2.1.Compulsory HIV testing as a precondition to employment, and/or provision of any kind of service, is unlawful.

5.3.2.1.1.The Department and its attached agencies shall encourage positive health-seeking behavior which shall include VCT, PICCT and leading a healthy lifestyle.

5.3.2.1.2.The Department and its attached agencies shall adopt the referral procedure for people living with HIV, as prescribed by the Department of Social Welfare and Development (DSWD) and DOH.

5.3.3The Department and its attached agencies shall, subject to government accounting and auditing rules and regulations, consider the inclusion of preventive, diagnostic, and treatment services for HIV and AIDS as well as the referral mechanism to access these services in the Terms of Reference with their respective medical insurance providers.

SECTION 6. Roles and Responsibilities.

6.1. Department Responsibilities

6.1.1. The Department and its attached agencies shall address all aspects of implementing HIV and AIDS prevention and control in their respective policies and programs.

6.1.2. The Department, through OPAS and the attached agencies' respective Personnel Offices, shall ensure that its policy and program on HIV and AIDS shall be made known to all its personnel.

6.1.3. The Department and its attached agencies shall ensure that their policy and programs are in adherence to existing government legislations and guidelines, including provision of leaves, benefits and insurance.

6.1.4. The Department and its attached agencies shall maintain the confidentiality of all information and records pertaining to the HIV and AIDS status of its personnel, Filipinos overseas provided assistance by the Department and those availing of its consular services.

6.1.5. The Department and its attached agencies shall not require forceful disclosure of HIV and AIDS status of their personnel, the applicants availing of its consular services and the Filipinos overseas it is assisting.

6.1.6. The Department and its attached agencies shall ensure non-discriminatory practices and non-stigmatizing attitudes in the workplace.

6.1.7. The Department and its attached agencies shall provide for their concerned personnel appropriate personal protective equipment to prevent HIV exposure, especially for those handling blood and other body fluids.

6.1.8. The Department and its attached agencies shall continue to improve the program by networking with other government offices, health care providers and civil society organizations (CSO) promoting STI, HIV and AIDS prevention, care, support, treatment and control.

6.2. Responsibilities of Personnel of the DFA and its attached agencies

Personnel of the DFA and its attached agencies, as their individual responsibility, shall contribute to the formulation of their agency's Policy and Program on HIV and AIDS, and abide by and support it.

6.2.1. Personnel of the DFA and its attached agencies, in cooperation with their workers associations/unions, are required to take an active role in educating and training its members on STI, HIV and AIDS including its prevention and control. DFA personnel are required to take an active role in educating Filipinos overseas on STI, HIV and AIDS including its prevention and control. cIADTC

6.2.2. Personnel of the DFA and its attached agencies shall not practice discriminatory acts against their co-workers, the Filipinos overseas they are assisting and those availing of the Department's consular services, who may have actual, perceived, or suspected HIV infection.

6.2.3. Personnel of the DFA and its attached agencies shall, at all times, respect the right to privacy of persons, who may have actual, perceived, or suspected HIV infection.

6.2.4. Personnel of the DFA and its attached agencies living with HIV and AIDS may be encouraged to inform management and/or their health care provider, such as the agency physician, of their HIV and AIDS status should their work activities increase the risk of HIV infection and transmission or put the HIV positive at risk of aggravation.

6.2.5. Personnel of the DFA and its attached agencies are encouraged to share information on the prevention and control of STI, HIV and AIDS to their families and communities.

SECTION 7. Implementation and Reporting.

Employee Information, Education, and Advocacy

7.1.1. * The Department and its attached agencies shall integrate basic information on STI, HIV and AIDS and its prevention and control in the orientation activities/programs for newly-hired government personnel.

7.1.2. The Department and its attached agencies shall ensure continuous information and education on STI, HIV and AIDS, and promote active participation in STI, HIV and AIDS awareness and advocacy activities.

7.1.3. The Department and the Foreign Service Institute shall integrate specialized information on providing assistance to overseas Filipinos living with HIV and AIDS into the Pre-Departure Orientation Seminar (PDOS) of diplomatic, military, trade, labor and other government officials and staff, including gender focal points, who will be assigned overseas.

Implementation Overseas

7.2.1. The Department, through its Foreign Service Posts, shall monitor the HIV and AIDS information campaign for tourists and transients produced, distributed and disseminated by the Department of Tourism (DOT) and the Department of Transportation and Communications (DOTC), among others. The Department, together with the DOT and the Department of Justice (DOJ) through the Bureau of Immigration (BI), and in collaboration with the DOH, shall coordinate and assess this information campaign.

7.2.2. The Department, through its Foreign Service Posts, shall assist Filipinos living with HIV and AIDS overseas with preventive, diagnostic care and treatment, and other support services for HIV and STI through a referral mechanism that shall be developed to access the services of the nearest social hygiene clinics, and/or private and government health service providers, and positive community/HIV support groups of host countries. The referral mechanism shall be developed in coordination with PNAC and implemented in cooperation with the Department of Labor and Employment (DOLE) and the Overseas Workers Welfare Administration (OWWA). aAHTDS

Reporting

7.3.1. The implementation of the HIV and AIDS Policy and Program shall be monitored by UNIO through reports by FSI, OUMWA, the Office of Consular Affairs (OCA) and all other concerned offices and attached agencies.

7.3.2. An annual report on the status of implementation of the Department's Policy and Program on HIV and AIDS shall be submitted by the DFA through UNIO to the Civil Service Commission (CSC), copy furnished the PNAC, no later than the 15th of January of the following year. In turn, the PNAC shall orient the Department on the process and tools for the monitoring, evaluation, and reporting system.

SECTION 8. Violations.

Consequences of Policy and Program Violations shall be subject to the pertinent provisions of

SECTION 9. Funding.

The Department and its attached agencies shall develop, implement, monitor and evaluate their respective HIV and AIDS Prevention and Control Policies and Programs. Funding for these programs may be sourced from the agency's GAD budget, pursuant to CSC Announcement No. 21, s. 2010, which considers HIV and AIDS awareness as a gender concern in economic and social development programs. All planned programs/activities/projects for the DFA HIV and AIDS Prevention and Control Policy and Program to be sourced from the GAD budget, shall be included in the Annual GAD Plan and Budget of the Department following the guidelines provided in the Department of Budget and Management (DBM), the National Economic Development Authority (NEDA), and the National Commission on the Role of Filipino Women (NCRFW) Joint Circular No. 2004-1 dated 5 April 2004 and the

These planned program activities and projects shall be included in the annual procurement plans.

SECTION 10. Separability Clause. If any part of this Department Order is declared contrary to law or unconstitutional by competent authority, the other parts not covered by such declaration shall remain in full force and effect.

SECTION 11. Repealing Clause. All other Department issuances or parts thereof inconsistent with the provisions of this Department Order are hereby repealed or amended accordingly. ECSaAc

SECTION 12. Effectivity. This Department Order shall take effect fifteen (15) days from the date of filing thereof with the Office of the National Administrative Register (ONAR) of the UP Law Center.

(SGD.) ALBERT F. DEL ROSARIO
Secretary of Foreign Affairs