Policy on the Protection of the Bureaucracy against Tobacco Industry Interference Supplementing the Enhanced Guidelines on the Code of Conduct for DSWD Personnel

April 5, 2018

DSWD ADMINISTRATIVE ORDER NO. 007-18

 

The Department of Social Welfare and Development (DSWD) strongly upholds the rights and promotes the interests of the poor, vulnerable and disadvantaged individuals, families and communities. This include, among others, the promotion of public health towards greater and sustainable development through tobacco control measures. As a national government agency, DSWD supports the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) Article 5.3 and the Civil Service Commission and Department of Health Joint Memorandum Circular (CSC-DOH JMC) No. 2010-01 or the Protection of the Bureaucracy against Tobacco Industry Interference to ward off interference from tobacco industry. Tobacco industry interference n refers to a broad array of tactics and strategies used by the tobacco industry to interfere with the setting and implementing to tobacco control measures.

Pursuant to these policy issuances, the DSWD hereby adopts the Policy on the Protection of the Bureaucracy against Tobacco Industry Interference 1 supplementing the Enhanced Guidelines on the Code of Conduct for Personnel of the Department of Social Welfare and Development per Memorandum Circular No. 21, series of 2012, as amended by Administrative Order No. 8, series of 2016, as follows:

1. DSWD personnel, regardless of rank and status, shall limit interactions with the tobacco industry to those strictly necessary for its regulation. DSWD personnel shall ensure the transparency of engagement to avoid negative perceptions. cSaATC

2. In the event that a meeting is strictly necessary, DSWD personnel with approval from the head of office shall abide by the following rules:

a. Set the meeting agenda. If the tobacco industry called for a meeting, DSWD official/employee/representative should clear the extent of his/her participation in the meeting.

b. Clarify the goals and structure of the meeting in writing prior to the actual meeting; then decide whether to agree with the meeting or not. Stick to the agenda and make the meeting brief.

c. Before the meeting, it must be made clear that such interaction does not imply partnership, dialogue or collaboration and indicate in writing to the tobacco industry that they may not mischaracterize the nature of the meeting.

d. Hold the meeting at the premises of the Department during office hours.

e. Only the official photographer of the DSWD shall be allowed to take photographs during such meeting/s. Ensure that any photograph taken of the said meeting is strictly for documentation purposes only and not for the public relations activities of the tobacco industry. Photograph/s should not be uploaded to any social media platform.

f. Predetermine the meeting participants from the tobacco industry by asking for the names and positions of those who will attend the meeting.

g. Moderate the meeting. A lawyer, either engaged as a retainer lawyer or hired by the Department, must be present and must closely advise the official/employee/representative during the meeting.

h. Write the official minutes of the meeting. A voice recording of the meeting may be made to assist the staff in preparing the transcript of the meeting. Transcript of the meeting must be filed for record purposes and be made available in accordance with duly established protocols on disclosures and not upon request.

i. Maintain the right to terminate the meeting at any point.

j. Distribute information on the meetings as appropriate. Publicly correct any misinformation regarding the meeting.

k. Decide on follow up questions that must be answered after the meeting.

l. All non-mediated exchanges (in person, phone or email) between officials, employees and representatives of the agency should be avoided.

3. DSWD personnel shall declare any interest in the tobacco industry. When a conflict of interest arises, the concerned personnel shall resign from his/her position in the tobacco industry within thirty (30) days from his/her assumption of office and/or divest him/herself of his/her shareholdings or interest within sixty (60) days from such assumption.

 For purpose of this rule, interest in tobacco industry means personal, financial or other interest, including, but not limited to:

a. Having an existing ownership or investment in the tobacco industry;

b. Being a member of the Board of Directors, an officer of the corporation or a partner in a partnership in the tobacco industry; and

c. Receiving any contribution, whether in cash or in kind, from the tobacco industry. cHDAIS

4. DSWD personnel shall not demand or receive any contribution from the tobacco industry for themselves, their families, relatives, friends, or any other persons or organizations. Contributions shall include, but are not limited to, payments, gifts and services, monetary or in-kind, research funding, financial aid, policy drafts and legal advice.

5. DSWD personnel shall avoid the creation of any perception of real or potential partnership or cooperation with the tobacco industry, and shall publicly correct any perception of partnership that may have been created.

6. DSWD personnel who have a role in setting and implementing public health policies with respect to tobacco control, shall inform the Department about any intention to engage in an occupational activity within the tobacco industry, whether gainful or not, within a specified period of time after leaving service, and to require applicants for such public office positions to declare any current or previous occupational activity with any tobacco industry whether gainful or not.

This Administrative Order shall form part of the DSWD Code of Conduct. Any violation of which may be a ground for disciplinary action under Administrative Order No. 13, series of 2011 or the Rules of Administrative Procedure in the DSWD, without prejudice to the filing of criminal as well as civil actions under existing laws, rules and regulations. A report of any violation shall be submitted to the Human Resource Development Service in writing per prescribed complaint form (please see attached) and shall be acted upon by the DSWD Technical Working Group on CSC-DOH JMC No. 2010-01.

This Order shall take effect immediately.

Issued this 5th of April 2018, Quezon City, Philippines.

(SGD.) EMMANUEL A. LEYCO

ATTACHMENT

Complaint Form

 

Anonymous Complaint Form

 

Footnotes

 

1.Adopted from CSC-DOH JMC No. 2010-01 Annex A.

n Note fromt the Publisher: Missing "Interference" in the original document.