Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Abolition of Forced Labour Convention, 1957 (No. 105) - Philippines (Ratification: 1960)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that, pursuant to section 142 of the Revised Penal Code, penalties of imprisonment (involving compulsory labour, pursuant to section 1727 of the Revised Administrative Code) may be imposed for inciting to sedition by means of speeches, proclamations, writings or emblems; uttering seditious words or speeches; writing, publishing or circulating scurrilous libels against the Government and, pursuant to section 154, for publishing any false news which may endanger the public order or cause damage to the interest or credit of the State, by means of printing, lithography or any other means of publication. However, it noted the Government’s statement that a committee was in the process of studying amendments to the Revised Penal Code.

The Committee notes the Government’s statement that a designated committee, led by the Department of Justice, is in the process of undertaking the systematic review of the penal legislation, including by drafting an updated Penal Code, which will be submitted to the President and then Congress, once completed. In this connection, the Committee once again observes that sections 142 and 154 of the Revised Penal Code are worded in terms broad enough to lend themselves to be applied as a means of punishment for the peaceful expression of views, enforceable with sanctions involving compulsory labour. It reminds the Government in this regard that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views. The Committee accordingly urges the Government to take the necessary measures, within the framework of the systematic review of the penal legislation, to ensure that sections 142 and 154 of the Revised Penal Code are amended or repealed so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain dissident political views or opposition to the established political, social or economic system. Pending the adoption of such amendments, the Committee once again requests the Government to provide information on the application of these provisions in practice, including copies of relevant court decisions.

Article 1(d). Punishment for having participated in strikes. The Committee previously noted that pursuant to section 263(g) of the Labor Code, the Secretary of Labor and Employment has discretionary authority to enjoin or force an end to strikes in labour disputes that occur in industries which, in his or her opinion, are “indispensable to the national interest”, by “assuming jurisdiction” over the dispute and certifying it for compulsory arbitration. Section 263(g) of the Code also provides that the President may determine the industries “indispensable to the national interest” and assume jurisdiction over a labour dispute. The declaration of a strike after such “assumption of jurisdiction” or submission to compulsory arbitration is prohibited (section 264), and participation in an illegal strike is punishable by imprisonment (section 272(a) of the Labor Code), which involves an obligation to perform labour. The Revised Penal Code also provides for sanctions of imprisonment for participation in illegal strikes (section 146). The Committee noted in this regard that the Government was undertaking a review of the Labor Code, through tripartite consultation, which would include amendments to sections 263, 264 and 272.

The Committee notes the Government’s statement that a legislative proposal will soon be introduced to Congress to the effect that a penalty of imprisonment could only be imposed under section 264 of the Labor Code with a final judgement that an illegal strike or lockout has been committed. In this regard, the Committee recalls that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour as a punishment for having participated peacefully in a strike. With reference to paragraph 315 of its 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee once again reminds the Government that regardless of the legality of the strike action, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and the authorities should not have recourse to measures of imprisonment for the mere fact of organizing or participating in a strike. Therefore, referring also to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requests the Government to take the necessary measures to amend the Labor Code and the Revised Penal Code so as to ensure that penalties of imprisonment (involving compulsory labour) cannot be imposed for peacefully participating in a strike. It requests the Government to provide information on measures taken in this regard in its next report.

The Committee is raising other points in a request addressed directly to the Government.