Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the discussion which took place in the 2009 Conference Committee on the Application of Standards and the Government’s indication therein that it would accept an ILO High-level mission as requested by the Conference Committee in 2007. The Committee notes with interest that the High-level mission took place from 22 to 29 September 2009 and that the Government fully cooperated with the mission and facilitated its access to all relevant parties.

The Committee observes in particular the recommendations by the High-level mission in relation to the need for capacity building, awareness raising and training in relation to freedom of association and collective bargaining throughout the country. In particular, it notes the suggestion that: the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) be trained in the respect of the basic civil liberties of trade unionists; targeted training should be undertaken to focus on freedom of association rights in the special economic zones, including for the officers of the Philippine Economic Zone Authority, employers and workers; training to be carried out of judges and lawyers on international labour standards and their use by the judiciary, with a special focus on freedom of association; and continuing training be provided to the officials of the Department of Labour and Employment, the Civil Service Commission and the Public Service Labour-Management Commission. The Committee notes with interest the commitment expressed by the Government to embark upon a comprehensive technical cooperation programme on freedom of association and the efforts made thus far to concretize the details of such a programme in collaboration with the Office. In this regard, it welcomes the communication just received from the Government in which it reports upon the National Tripartite Conference on Principles of Freedom of Association: Toward Fair Globalization and Decent Work which was held from 2 to 4 December 2009 in order to maintain the momentum created by the ILO High-level Mission.

The Committee notes the detailed information provided by the International Trade Union Confederation (ITUC), particularly in relation to violence against trade unionists and impunity in the country, and requests the Government to reply to these comments in its next report. The Committee once again recalls the importance it attaches to the Government making all efforts to ensure that workers may exercise their trade union rights in a climate free from violence, threat and fear. It notes with interest from the Government’s latest report that, in keeping with the High-level Mission’s recommendations, the Executive Secretary, speaking on behalf of the President, confirmed the Government’s commitment to create a high-level tripartite monitoring body to review the progress made in investigating and prosecuting the cases of violence brought to the attention of the ILO supervisory machinery. It further notes the Executive Secretary’s statement that, with the repeal of the anti-subversion law, those opposing the Government are no longer regarded as subversive or targeted in this regard and any such persecution will not be tolerated. The Committee requests the Government to provide information in its next report on the progress made in establishing the high-level tripartite monitoring body, and on its mandate and functioning.

The Committee will examine all of the outstanding points in relation to the application of the Convention in both law and in practice next year when it will have at its disposal the detailed mission report and any comments which the Government and the workers’ and employers’ organizations may wish to make. It requests the Government to provide a detailed report in reply to its previous comments for examination next year.