A legislative bill of this nature had already been presented by the PCP in the previous parliament, but due to the fall of the Government and the dissolution of the Assembly of the Republic, it was neither debated nor voted on.
In the rationale for the bill, the PCP contends that reinforcing the associative rights of Armed Forces personnel is “increasingly pertinent” because the laws regulating “the right of association for military personnel have not been upheld by successive governments” and are “far below what would be required in the 21st century.”
The party argues that there has not been “a genuine culture of dialogue” with military associations from the governments. On the contrary, “association leaders have been disadvantaged and even disciplined for actions carried out strictly in the exercise of their associative duties.”
“The positions expressed by the associations on matters unequivocally concerning their members as military citizens are systematically ignored when legislative acts and measures affecting military conditions are approved,” they criticize.
The party thus proposes that military associations should have the right to negotiate and “represent their members in court on matters concerning their professional, remunerative, and social status.”
“This is neither unprecedented nor innovative. In several European countries, the representative structures of active military personnel have been granted powers of negotiation and representation, both in court and outside it, (…) without impacting the operational performance of the military,” it states.
On the contrary, the party highlights, there has been an increase in “awareness of duties, rights, and the exercise of effective citizenship” among the military.
In this bill, the PCP proposes amendments to the law on the right of professional association of military personnel, so that they have the right to “negotiate with competent entities on issues related to the professional, remunerative, and social status of military personnel.”
Currently, the law only stipulates that these associations must “be heard on matters of the professional, remunerative and social status of their members.”
The party also wants military associations to “participate in the drafting of legislation pertaining to their scope of activity,” such as the Military Condition Statute, the Military Armed Forces Remuneration System, or the Armed Forces Merit and Evaluation Regulation.
There are currently three military associations: the Association of Enlisted Personnel (AP), the Armed Forces Officers Association (AOFA), and the National Sergeants Association (ANS).
