Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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, penalties of imprisonment (involving compulsory labour) may be imposed under section 142 (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 section 154 (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) of the Revised Penal Code. The Committee requested the Government to take the necessary measures to amend the abovementioned sections of the Revised Penal Code.

The Committee notes the Government’s indication in its report that the Department of Justice is still reviewing the provisions of the current Penal Code for possible revision to make it up to date with the present time. Referring to section 1727 on the liability of prisoners to labour, the Government also states that the Administrative Code of 1917 has been repealed, and replaced by the Administrative Code of 1987 (Executive Order No. 292), which does not carry the provision on the penalties of imprisonment involving compulsory labour. The Committee notes that although the 1987 Administrative Code does not provide for sanctions of imprisonment involving compulsory labour, convicted prisoners may be required to work under Chapter 2, section 2, of the Bureau of Corrections manual. 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 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 therefore, hopes that within the framework of the ongoing revision of the Penal Code, measures will be taken to ensure sections 142 and 154 of the Revised Penal Code are repealed or amended so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express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. Over a certain number of years, the Committee has been drawing the Government’s attention to section 263(g) of the Labor Code under which in the event of a planned or current strike in an industry considered indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and settle it or certify it for compulsory arbitration. Furthermore, 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 requested the Government to take the necessary measures to amend the abovementioned provisions of the Labor Code and the Revised Penal Code so as to ensure their compatibility with the Convention.

The Committee notes the Government’s statement that House Bill No. 5471, which aimed to amend the Labor Code by rationalizing the Government’s intervention in labour disputes by adopting the essential services criteria in the exercise of the assumption of jurisdiction or certification power of the Secretary of Labor and Employment, and Decriminalization Violations, was filed in the 16th Congress on 17 February 2015, but was later substituted by House Bill No. 6431 with the same objective. This Bill removed imprisonment as a penalty for violating any of the provisions of section 272 of the Labor Code. The Government further adds that House Bill No. 6431 was approved on second reading in February 2016 but failed to pass in the Congress. Subject to the discretion of the new administration, the same, or a similar bill incorporating proposed modifications, may be pursued as part of the Department of Labor and Employment legislative priority measures for the next Congress session. Referring to its comments made on this point under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee hopes that the Government will take the necessary measures to amend the abovementioned provisions of 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 any progress made in this regard.

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