Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Philippines (Ratification: 1953)

The Committee takes note of the Government’s report including the text of the Act to Secure the State and Protect Our People from Terrorism (No. 9371). It also notes the discussion that took place at the Conference Committee on the Application of Standards in June 2007. Furthermore, the Committee takes note of the interim conclusions and recommendations reached by the Committee on Freedom of Association in Case No. 2528 which concerns allegations of killings, grave threats, continuous harassment and intimidation and other forms of violence inflicted on trade unionists. The Committee further notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 27 August 2007 with regard to numerous violations of trade union rights in 2006, including killings, attempted murders, abductions, disappearances, assaults, torture, military intervention in trade union activities, violent police dispersion of International Women’s Day marches, and arrests of trade union leaders in connection with their activities. The Committee requests the Government to send its observations without delay on these very grave and serious allegations as well as on the comments made by the International Confederation of Trade Unions (ICFTU, now ITUC) in 2006 with regard to the murder of four trade union leaders in 2005, anti-union violence in the sugar sector, death threats to discourage union formation in the economic zone in Cavite, and the non-arrest of the authors of the killings of seven strikers in November 2004.

A. Civil liberties. The Committee notes that in its conclusions, the Conference Committee expressed deep concern at the allegations of the murders of trade unionists, and emphasized that respect for basic civil liberties is essential for the exercise of freedom of association. While noting the initial steps taken by the Government to address this serious situation through the establishment of the Melo Commission and the subsequent creation of special regional tribunals, the Conference Committee, concerned at the absence of judgements against the perpetrators and instigators of these crimes, stressed the importance of ensuring that all instances of violence against trade union members are properly investigated and that any evidence of impunity is firmly combated to ensure the full and free exercise of trade union rights and their accompanying civil liberties. The Conference Committee urged the Government to ensure that all necessary measures are taken, including through the creation of independent and impartial investigations, so as to restore a climate of complete freedom and security from violence and threats thus enabling workers and employers to fully exercise their freedom of association rights.

The Committee notes that the Government indicates in its report that it is relentless and unceasing in its efforts to immediately solve the problem of killings generally and the alleged murder and enforced disappearance of trade unionists. The judiciary, through the Supreme Court, had in fact actively participated in these efforts. The Supreme Court had recently hosted a multi-sector National Summit on Killings and its second immediate concrete contribution – after previously designating special courts to try cases of killings – was the ongoing review of the rules of court to further enhance the protection of constitutional rights in response to the alleged murders and enforced disappearances of activists, trade unionists included. The Task Force Usig of the Philippine National Police (PNP) on the other hand, was continuously pursuing the investigation of the alleged cases and the eventual prosecution of the perpetrators. The Government is approaching the problem at all levels – investigation, prosecution, trial and possible conviction – within the context of the recommendation of the Melo Commission. The Government expresses optimism that definite results shall soon come out from all these efforts.

The Committee emphasizes that workers and employers should be able to exercise their freedom of association rights in a climate of complete freedom and security from violence and threats. Furthermore, the Committee stresses the importance of ensuring that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated so as to avoid the emergence of a climate of impunity preventing the free exercise of trade union rights. The Committee requests the Government to indicate in its next report further measures taken or contemplated with a view to the prompt investigation, prosecution, trial and conviction of those found guilty of murders and other violations against trade unionists.

B. Legislative issues. With regard to the other matters raised by the Committee in its previous comments, the Committee notes that in its conclusion, the Conference Committee noted with interest the information provided by the Government on certain recently adopted amendments to the Labor Code, and urged the Government to take measures to ensure, in full consultation with the social partners concerned, that further amendments are adopted in the very near future taking into account the comments made by the Committee of Experts for many years. The Committee notes that the Government’s latest report is confined to stating that the concern on the adoption of legislative measures shall be addressed by Congress whose session had just opened in the latter part of July 2007.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. 1. In previous comments, the Committee had requested the Government to consider amending section 234(c) of the Labor Code, which requires, for registration of a trade union organization, the names of all its members comprising at least 20 per cent of all employees in a bargaining unit where it seeks to operate. The Committee notes the statement of the Government representative before the Conference Committee, according to which, an Act had been adopted in May 2007 which sought to expand the capacity of legitimate federations and national unions to organize and to help their local chapters acquire representation status for the purposes of collective bargaining. Any legitimate labour federation or national union could now create a local chapter which could in turn file a petition for the certification of an election without the minimum 20 per cent membership and without revealing the names of the officers and members of the local chapter. However, the 20 per cent membership requirement was still relevant in the case of unions seeking independent registration. The Committee understands from this statement that Senate Bill No. 1049, to which the Government had referred in previous reports, has been adopted. The Committee requests the Government to communicate the text of the relevant Act and to indicate in its next report measures taken or contemplated with a view to lowering the minimum membership requirement for registration of independent trade unions.

2. The Committee had previously requested the Government to amend sections 269 and 272(b) of the Labor Code, so as to grant the right to organize to all nationals lawfully residing within the Philippines (and not just those with valid permits if the same rights are guaranteed to Filipino workers in the country of the alien workers, or if the country in question has ratified either ILO Convention No. 87 or ILO Convention No. 98). The Committee notes that the statement of the Government representative to the Conference Committee does not provide any new information in this regard and recalls once again that Article 2 of the Convention provides for the right of all workers, without distinction whatsoever, to establish and join organizations. The Committee therefore once again requests the Government to provide information in its next report on measures taken or contemplated so as to amend the above-noted sections in a manner which enables anyone legally residing in the country to benefit from the trade union rights provided by the Convention.

Articles 3 and 5. The Committee recalls that in previous comments it had requested the Government to:

–      amend section 263(g) of the Labor Code so as to limit governmental intervention resulting in compulsory arbitration to the essential services only;

–      amend sections 264(a) and 272(a) of the Labor Code, which provide for dismissal of trade union officers and penal liability to a maximum prison sentence of three years for participation in illegal strikes, so as to ensure that workers may effectively exercise their right to strike without the risk of being sanctioned in a disproportionate manner;

–      lower the excessively high requirement of ten union members for federations or national unions set out in section 237(a) of the Labor Code, in order to ensure compliance with Article 5 of the Convention;

–      amend section 270, which subjects the receipt of foreign assistance to trade unions to the prior permission of the Secretary of Labor, so as to ensure compliance with Article 5 of the Convention.

The Committee notes that in previous reports, the Government had referred to Senate Bill No. 1049 (formerly Senate Bill No. 2576), entitled “An Act Establishing the New Labor Code of the Philippines and for Other Purposes”, pending before both the Committee on Labor, Employment and Human Resources Development and the Committee on Constitutional Amendments, Revision of Code and Laws, and that the statement of the Government representative to the Conference Committee does not provide any new information in this regard. Recalling that it has been commenting on these provisions for a number of years, the Committee once again requests the Government to indicate in its next report the measures taken or contemplated with a view to amending the aforementioned legislative provisions so as to bring them into full conformity with the Convention.

The Committee notes the information provided by the Government representative to the Conference Committee with regard to the exercise of the right to organize in export processing zones (EPZs), to the effect that trade unions in these zones have increased from 251 in 2000 to 341 as of September 2005 with a membership increase from 23,000 in 2000 to nearly 34,000 in 2005. The Committee requests the Government to continue to provide information in its next report on unionization levels in the EPZs.

Finally, recalling that the Conference Committee had requested the Government to accept a high-level ILO mission in respect of the serious matters raised relating to the purview of the Convention, the Committee trusts that this mission will take place in the very near future and that it will be able to assist the Government in ensuring full implementation of the Convention in both law and practice.

The Committee is raising other points in a request addressed directly to the Government.