Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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

Autre commentaire sur C029

Observation

Demande directe

2013
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2010
2008

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2016

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Articles 1(1) and 2(1) of the Convention. Freedom of career members of the armed forces to leave the service. The Committee previously noted that section 16 of the Presidential Decree No. 1638, as amended by Presidential Decree No. 1650, states that an officer may resign his commission and shall be separated from the service upon acceptance by the President of such resignation. It observed that, pursuant to this provision, the resignation of officers may be rejected. In this regard, the Committee recalled that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. Noting the absence of information on this point in the Government’s report, the Committee once again expresses the hope that measures will be taken to ensure that career members of the armed forces will enjoy fully the right to leave their service in peacetime at their own request, within a reasonable period, either at specified intervals, or with previous notice, in conformity with the Convention. The Committee requests the Government to provide available information on the application in practice of section 16 of Presidential Decree No. 1638, particularly the number of applications to resign that have been accepted or refused and information on the grounds for refusal.

Article 2(2)(a). Compulsory military service laws. The Committee previously noted that article 2, section 4, of the Constitution states that all citizens may be required, under conditions provided by law, to render personal, military or civil service. Pursuant to sections 3 and 51 of the National Defence Act, military service is compulsory for all citizens of the Philippines, and under sections 3 and 7 of Republic Act No. 7077, the mission of the citizen armed forces includes assisting in socio-economic development. The Committee also noted the Government’s indication that the socio-economic development projects of the armed forces of the Philippines included poverty reduction and infrastructure projects, including the construction of school buildings, health centres, roads, multi-purpose buildings, bridges, electrification and water systems.

Noting an absence of information on this point in the Government’s report, the Committee once again reminds the Government that under Article 2(2)(a) of the Convention, work or service exacted by virtue of compulsory military service laws may be excluded from the scope of the Convention only if performed for purely military ends. The Committee therefore requests the Government to take the necessary measures to ensure that services exacted through compulsory recruitment are used for purely military ends, in law and practice. It requests the Government to provide information on measures taken in this regard to ensure conformity with the Convention.

Article 25. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that the Penal Code provisions prohibiting 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) provide for penalties of imprisonment and fines. The Committee once again requests the Government to provide information, in its next report, on the application in practice of sections 272, 274 and 286 of the Penal Code.