Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 29) sur le travail forcé, 1930 - Philippines (Ratification: 2005)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the information provided by the Government on the activities of the Inter-Agency Council Against Trafficking (IACAT) responsible for the implementation of Act No. 9208 of 2003. It notes, in particular, that the IACAT undertakes different projects geared towards the elimination of trafficking in persons in the Philippines, prevention of trafficking, protection and rehabilitation of victims and punishment of perpetrators. The Committee also notes the Government’s indication that, according to the report of the IACAT, 11 convictions on the violation of Act No. 9208 were registered as of November 2008. The Committee would appreciate it if the Government would continue to provide, in its future reports, information on the proceedings which have been instituted under Act No. 9208, supplying sample copies of the relevant court decisions and indicating the penalties imposed. Please also communicate a copy of the latest report of the IACAT.

Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave their service. The Committee previously requested the Government to indicate provisions applicable to military officers and other career members of the armed forces as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. The Committee notes the provisions of Executive Order No. 79 providing guidelines on the tour of active duty of reserve officers and Republic Act No. 2334 providing for the rotation of reserve officers, communicated by the Government. The Committee requests the Government to indicate provisions applicable to officers of the regular force, as well as to other career members of the regular force, as regards their right to leave the service, in time of peace, at their own request, e.g. by means of notice of reasonable length.

Article 2(2)(a). Compulsory military service laws. The Committee previously noted the Government’s indication in the report that the Philippines does not have compulsory military service. It also noted the Government’s indications concerning compulsory military training practised under the high school or the college curriculum. The Committee notes, however, that under sections 3 and 51 of Commonwealth Act No. 1 (the National Defense Act), military service is compulsory for all the citizens of the Philippines. The Committee requests the Government to clarify this issue, indicating, in particular, whether sections 3 and 51 of the National Defense Act are still in force and, if not, to supply a copy of the repealing text.

The Committee notes that, under sections 3 and 7 of Republic Act No. 7077 (the Act providing for the organization, administration, training, maintenance and utilization of the citizen armed force of the armed forces of the Philippines), the mission of the citizen armed force is not only to participate in safeguarding the security of the State in the event of war, or to assist in relief and rescue during disaster or calamities, but also “to assist in socio-economic development”. Under section 33 of the Act, male citizens between 18 and 35 years of age shall be called to training and active service for a period of up to 24 months, divided into a training period of not more than six months and an active service period of not more than 18 months. Failure of reservists to respond to the call to compulsory training or service shall be punishable with imprisonment for a term of not more than 12 months (section 68).

Recalling that, under Article 2(2)(a) of the Convention, work or service exacted in virtue of compulsory military service laws may be excluded from the scope of the Convention only if performed for purely military ends, the Committee requests the Government to describe, in its next report, the work which may be required of the citizen armed force “to assist in socio-economic development” and to provide information on the measures taken or envisaged to ensure conformity with the Convention on this point. Please also provide a copy of the rules and regulations concerning the participation of the civil and military auxiliary services in socio-economic development projects, to which reference is made in section 63 of Republic Act No. 7077 referred to above.

Article 2(2)(c). Prison labour. The Committee notes the Government’s indications concerning the work of convicted prisoners. It requests the Government to communicate, with its next report, a copy of the Bureau of Corrections’ operating manual (Chapter 2 “Prison Labour”, sections 1–9) referred to in the Government’s report. Please also indicate whether guarantees are provided to ensure that convicted prisoners are not hired to, or placed at, the disposal of private individuals, companies and associations.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. The Committee previously noted the Penal Code provisions punishing with penalties of imprisonment and fines such offences as slavery (section 272), services rendered under compulsion in payment of debts (section 274) and grave coercion (which includes, inter alia, compelling a person by means of violence or intimidation to do something against his/her will) (section 286). The Committee again requests the Government to provide information on the proceedings which have been instituted under the above penal provisions, supplying sample copies of the relevant court decisions and indicating the penalties imposed.