CMNT_TITLE

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

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 under section 3 of the Human Security Act of 2007, a person commits the crime of “terrorism” in committing certain existing offences, if a consequence is “sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the Government to give in to an unlawful demand”, and that such acts are subject to a penalty of 40 years imprisonment without the benefit of parole. Pursuant to section 1727 of the Revised Administrative Code, imprisonment involves an obligation to perform labour.

The Committee notes the Government’s statement that in August 2010, the Department of Justice filed the first case under the Human Security Act of 2007. The Government states that this case was against the Abu Sayyaf Group, a group that operational, intelligence and legal units from different agencies had established engaged in a pattern of kidnapping, ambushing and pillaging in exchange for ransom. The Committee notes that the Abu Sayyaf Group has been identified by the UN Security Council Committee (established pursuant to resolutions 1267 (1999) and 1989 (2011)) as a group that is subject to sanctions due to association with the Al-Qaeda. In this connection, the Committee recalls that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, and that limitations may be imposed by law on individual rights and freedoms in order to ensure respect of the rights and freedoms of others and to meet the requirements of public order and the general welfare in a democratic society. The Committee therefore requests the Government to continue to provide information on the application in practice of the Human Security Act of 2007, including information on any prosecutions, convictions and penalties imposed, as well as copies of court decisions illustrating the scope of its application.