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Freedom of Association and the Right to Collective Bargaining: Training Guide and Materials for Military, Police and Security Forces in the Philippines

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Freedom of Association and the Right to Collective Bargaining: Training Guide and Materials for Military, Police and Security Forces in the Philippines Freedom of association and the right to collective bargaining: training guide and materials for military, police and security forces in the Philippines INTERNATIONAL LABOUR ORGANIZATION ILO Country Office for the Philippines i Copyright © International Labour Organization 2013 First published 2013 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. ILO Cataloguing in Publication Data Freedom of association and the right to collective bargaining: training guide and materials for military, police and security forces in the Philippines / International Labour Office, ILO Country Office for the Philippines. - Manila: ILO, 2013 ISBN 9789221277194; 9789221277200 (web pdf) ILO Country Office for the Philippines, Manila freedom of association / collective bargaining / role of ILO / human rights / workers rights / military personnel / police / security guard / Philippines 04.02.2 The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications and electronic products can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: [email protected] Visit our web site: www.ilo.org/publns Printed in the Philippines ii INTERNATIONAL LABOUR ORGANIZATION COUNTRY OFFICE FOR THE PHILIPPINES M E S S A G E The ILO supports the Philippine government in taking important measures to enhance social dialogue and to strengthen application of freedom of association and the right to collective bargaining. This module includes training materials aimed at further building the capacity of security forces, particularly the police and military, while realizing the principles of freedom of association and the right to collective bargaining. This reinforces the operationalization of Commitment signed by the government and labour sector to promote and protect workers’ rights. The accompanying guidelines are important documents that provide context for this module, specifically: • 2011 Joint Department of Labor and Employment (DOLE)- Philippine National Police (PNP)-and Philippine Economic Zone Authority (PEZA) guidelines in the conduct of PNP personnel, economic zone police and security guards, company security guards and similar personnel during labour disputes. • 2012 Guidelines on the Conduct of the DOLE, DILG, DND, DOJ, AFP and PNP Relative to the Exercise of Workers’ Rights and Activities adopted in May 2012. These were products of extensive dialogue and tripartism at the national and regional levels involving consultations with employers, workers, government and security sector partners. Let me acknowledge as well the ILO International Labour iii Standards Department (NORMES) for their technical support and collaboration, the Kingdom of Norway for funding this initiative and Mr David Tajman for his inputs as consultant. The module is adapted to the Philippine context to address the challenges from the ground arising from the operations of the security forces, with respect to labour disputes and workers’ concerted activities initiated. Importantly, the module addresses the challenges concerning the balance between ensuring the protection of trade union rights while maintaining peace and public order. I look forward the successful implementation of the module, while reflecting as well practical changes on the ground towards building confidence and better relations among all the parties. I hope that training programme on workers’ rights as human rights will be an important part of the curriculum of the AFP and PNP, to ultimately reach all officers, those with command authority, middle ranks and new recruits at the regional and up to the barangay level. The ILO strongly support programmes like this to help guarantee respect for the principles of freedom of association and the right to collective bargaining. The ILO will further assist the government, employers’ and workers’ organizations along with the police and armed forces in enhancing social dialogue and creating an enabling environment. These are important elements in achieving sustainable and inclusive growth through decent and productive work. LAWRENCE JEFF JOHNSON Director ILO Country Office for the Philippines iv M E S S A G E On behalf of the Department of Labor and Employment (DOLE), I warmly thank the International Labour Organization (ILO) for its continuing support to the Philippine Government’s efforts towards promoting and strengthening workers’ rights to self- organization and collective bargaining. It is through the ILO’s support that the DOLE was able to publish these training modules on this subject. With the ILO’s technical assistance, the Philippines has made significant progress in fulfilling its commitments to address issues and gaps, both in law and in practice, in the application of international labour standards, specifically: (a) those relating to violence, intimidation, threat and harassment of trade unionists; and (b) obstacles to the effective exercise of trade union rights. To address such gaps, the DOLE through the ILO’s support strengthened the capacities of relevant government agencies, namely, the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), Philippine Economic Zone Authority (PEZA) and the DOLE itself, to promote and protect workers’ rights and enhance social dialogue. Primarily, it has established tripartite monitoring bodies to ensure compliance with and application of the workers’ rights to freedom of association and collective bargaining. The development of these training modules complements—and will surely be very handy in—our continuing advocacy and capacity-building efforts to ensure the right balance in maintaining peace and order and security and respecting the free exercise of workers’ and trade union rights. The inclusion of the guidelines (Joint DOLE-PNP-PEZA Guidelines in the Conduct of PNP Personnel, Economic Zone Police and Security Guards, Company Security Guards and Similar Personnel During Labour Dispute; Guidelines on the Conduct of the DOLE, DILG, DND, DOJ, AFP and PNP Relative to the Exercise of Workers’ Rights and Activities) in this publication emphasizes the importance we place in facilitating the engagement between and among government agencies and representatives of management and workers in peacefully settling a potential or actual labour dispute and ensure observance of laws and regulations. v I urge workers and employers and our other partners to use these modules in maintaining good relations and close coordination between and among government, management and labour sectors through understanding and command of the application of International Labour Standards, particularly ILO Convention Nos. 87 and 98. ROSALINDA DIMAPILIS-BALDOZ Secretary vi CHIEF OF STAFF ARMED FORCES OF THE PHILIPPINES CAMP GENERAL EMILIO AGUINALDO, QUEZON CITY Message The uniformed men and women of the Armed Forces of the Philippines (AFP) commit themselves to protect the welfare and the rights of Filipino workers. In the event of labour disputes, collective bargaining and the exercise of workers’ rights to freedom of association, the AFP will unwaveringly uphold the International Humanitarian Law, Human Rights and Rule of Law. The crafting of this training module, in line with the pronouncements of the International Labour Organization (ILO), amplifies our need to work together in performing our respective roles as vanguards of peace, democracy and human rights. The AFP needs to work hand-in-hand and support the citizenry, government agencies and labour organizations to bring understanding, justice and stability in the labour sector. Indeed we need Bayanihan to attain the peace and development we all yearn for. We value every Filipino worker, for we share the same culture of ingenuity and hardwork. Issues and challenges will continue to beset our country; however we can choose to work collectively in the spirit of Bayanihan
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