Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided in the Government's report.

Article 3 of the Convention. In its previous comments, the Committee recalled the concern raised by the Federation of Free Farmers (FFF) in 1991 with respect to section 241(c) and (p) of Rule II(3)(d) of Book V of the Labor Code which impose direct elections by secret ballot of local and national officers and the organization of direct members into locals and chapters. The Committee had already considered these legislative provisions to be incompatible with the principles of freedom of association set forth in Article 3 given the particular difficulties facing rural workers' organizations in assembling their members scattered around the country to elect their union leaders by direct ballot and given the principle that each rural workers' organization should be able to choose in full independence the organizational structure it deems most appropriate.

The Committee notes with interest the Government's statement that it gives due attention to the difficulties being faced by rural workers' organizations as they comply with conditions for registration set forth in these sections of the Labor Code, and that the Bureau of Rural Workers (BRW) of the Department of Labor and Employment (DOLE) has proposed to come up with separate rules and regulations governing rural workers and other informal sectors which will take into consideration the peculiarities of these sectors and the need to make such rules and regulations compatible with Article 3 of the Convention. The Committee asks the Government to indicate, in its next report, the progress made in this regard.

The Committee also notes from the Government's report the issuance of a new DOLE Order No. 9 of 1997 (amending the Rules Implementing Book V of the Labor Code) and requests the Government to transmit a copy of this Order with its next report.

[The Government is asked to report in detail in 1999.]