Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Filipinas (Ratificación : 1953)

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The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2023, reiterating the comments made in the discussion held in the Conference Committee on the Application of Standards in June 2023 on the application of the Convention, and the Government’s reply thereto. It further notes the joint observations of the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF), received on 27 September 2023, relating to matters addressed below and alleging continued and serious violations of workers’ civil liberties and trade union rights. The Committee also notes the observations of the Center of United and Progressive Workers (SENTRO), received on 19 October 2023, referring to matters addressed below and alleging the murder of a trade union officer. The Committee requests the Government to provide its comments in this regard.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 111th Session, June 2023)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (Conference Committee) in June 2023 concerning the application of the Convention. The Committee observes that the Conference Committee urged the Government, in consultation with the social partners, to: (i) put an immediate end to any act of violence and intimidation against union members for the legitimate exercise of their rights under the Convention as well as violations of freedom of association, in line with the recommendations of the ILO high-level tripartite mission; (ii) immediately and effectively undertake investigations into the allegations of violence in relation to members of workers’ organizations with a view to establishing the facts, determining culpability and punishing the perpetrators; (iii) operationalize the monitoring bodies, including by providing adequate resources, and provide regular information on these mechanisms and on progress on the cases assigned to them; and (iv) ensure that all workers without distinction are able to form and join organizations of their own choosing in accordance with Article 2 of the Convention. The Conference Committee also urged the Government to take decisive and effective measures to promote a climate of non-violence, as well as constructive social dialogue and labour relations at all levels in the country. Finally, the Conference Committee requested the Government to finalize, with ILO technical assistance and in consultation with the social partners, the road map on effectively addressing all outstanding issues and transmit a report on progress made to the Committee of Experts by 1 September 2023.

Tripartite road map to implement the 2019 Conference Committee conclusions and achieve full compliance with the Convention. High-level tripartite mission. The Committee had previously called on the Government to rapidly and genuinely engage with the social partners in order to elaborate a constructive tripartite road map detailing progressive steps to be taken to implement the conclusions of the 2019 Conference Committee and to achieve full compliance with the Convention. The Committee had noted the Government’s indication that it would develop such a road map and review its Guidelines on the conduct of stakeholders relative to the exercise of workers’ rights and activities though the institutionalized tripartite process, and expected both instruments to significantly contribute to addressing in a meaningful manner the long-standing concerns and serious violations of civil liberties in the exercise of freedom of association rights.

The Committee notes the report of the high-level tripartite mission requested by the 2019 Conference Committee, which visited the country in January 2023. It further notes the Government’s indication that discussions on the road map continued with the social partners and that, on 23 August 2023, the National Tripartite Industrial Peace Council (NTIPC) convened to consider a draft road map structured along the areas of action identified by the 2019 Conference Committee. The Committee notes that during this meeting, the NTIPC issued Resolution No. 3, which approved the tripartite road map on freedom of association, and Resolution No. 2, which called on the Department of Budget Management, the House of Representatives and the Senate to increase the budget of the Commission on Human Rights (CHR) to allow it to independently perform its constitutional mandate to promote and protect human rights and to provide remedies in case of violations (both resolutions are still being circulated to NTIPC members for signature). As regards the review of the Guidelines on the conduct of stakeholders, the Committee notes that the Government states that the Department of Labour and Employment (DOLE) convened four inter-agency technical working group meetings to draft consolidated Guidelines, which have been approved in principle and elevated to the NTIPC. The Committee also notes that the Government indicates that, in line with the recommendations of the high-level tripartite mission, the President of the Philippines issued Executive Order No. 23 on 30 April 2023, thereby creating an Inter-Agency Committee (EO23 IAC) to promote and protect freedom of association and the right to organize of workers. The Government adds that the EO23 IAC, which is directly under the Office of the President, chaired by the Executive Secretary, and has already convened twice, is tasked, inter alia, with receiving inventories of cases and incidents related to freedom of association from concerned agencies, consolidating and evaluating reports from such agencies, and monitoring progress in the implementation of their action plans. The Government also informs of the recent signing of a Memorandum of Agreement (MOA) between DOLE, the Department of Trade and Industry (DTI) and the Philippine Economic Zone Authority (PEZA), which provides for the establishment of an Ecozone Tripartite Advisory Council, as well as ecozone tripartite working committees, with the aim of promoting industrial peace in ecozones. The Government adds that on 10 August 2023, a first ecozone tripartite working committee was established in the Mactan Export Processing Zone. The Committee also notes that on 20 October 2023, another MOA was concluded between DOLE and the CHR to foster cooperation on the promotion and protection of the human rights of Filipino workers, the conduct of investigations, the referral of cases, the provision of legal advice, and the conduct of trainings and activities.

The Committee notes that the ITUC and the ITF, in their joint observations, confirm that the road map is being finalized, but state that the social partners were not consulted in the drafting of Executive Order No. 23, and consider that the latter falls short in several fundamental aspects, as it does not include representation from social partners, and fails to connect the work of the EO23 IAC with that of a specialized, eminent, independent non-judicial body or provide dedicated funding. The Committee further notes that SENTRO, in its observations, similarly states that the issuance of Executive Order No. 23 occurred without any discussion with workers’ organizations and that the social partners have been excluded from the EO23 IAC, the members of which are mainly elements of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). SENTRO also affirms that DOLE, DTI and PEZA concluded their MOA without any consultation with workers’ organizations. While the Committee welcomes the progress achieved with respect to the elaboration of the tripartite road map and the review of the Guidelines on the conduct of stakeholders, it also notes the concerns raised by the ITUC, the ITF and SENTRO regarding certain elements linked to the recommendations of the high-level tripartite mission, namely the lack of consultation with the social partners in the preparation of Executive Order No. 23 and the MOA between DOLE, DTI and PEZA, the lack of reference to a specialized, eminent, independent non-judicial body in Executive Order No. 23, and the composition of the EO23 IAC. Underlining the importance that should be attached to full and frank consultation taking place on any questions or proposed legislation affecting trade union rights,the Committee expects that the tripartite road map, with agreed timelines as requested by the high-level tripartite mission, and the Guidelines on the conduct of stakeholders will be finalized shortly and will significantly contribute to ensuring full respect for the civil liberties of trade union leaders and members. It requests the Government to transmit both documents once they are adopted. The Committee further requests the Government to take the necessary measures to review Executive Order No. 23 in full consultation with the social partners, and to provide information on any progress made in this regard.

Civil liberties and trade union rights

Previous allegations. The Committee recalls that it has received repeated allegations of serious violations of basic civil liberties in the exercise of trade union rights submitted by the ITUC in 2015, 2019, 2020 and 2021, by Education International (EI) in 2019, and jointly by EI, the Alliance of Concerned Teachers (ACT) and the National Alliance of Teachers and Office Workers (SMP-NATOW) in 2020, all of which are detailed in its previous comments. The Committee has, on numerous occasions, requested the Government to ensure that these allegations were duly investigated and perpetrators punished to effectively prevent and combat impunity.

The Committee notes that the Government indicates, with respect to the alleged killings of three union leaders reported in 2015 by the ITUC, that: (i) in the case of Florencio Romano, the investigation is still ongoing; (ii) in the case of Rolando Pango, the police are still unable to locate the only potential witness; and (iii) in the case of Victoriano Embang, the two people accused in 2015 remain at large. As regards the allegations of extra-judicial killings of eight trade unionists in the education sector submitted in 2020 by EI, ACT and SMP-NATOW, the Committee notes the Government’s indication that four cases are pending before the courts, one case was dismissed by the prosecutor, and three are under investigation. The Committee observes, however, that the Government does not provide updated information on the status of investigation of the other serious allegations, which concern specific incident of killings, attempted killings, death threats, profiling, surveillance, violent strike dispersal and military and police raids on union offices. Noting with deep regret that no concrete progress appears to have been made in the investigation of these incidents and the punishment of their perpetrators,the Committee firmly expects the Government to take the necessary steps to ensure that all allegations presented by the ITUC, EI, ACT and SMP-NATOW since 2015 are properly and fully investigated, and that the cases are reviewed by the CHR when unresolved, so that the facts are established, including any links between the violence and trade union activities, culpability determined and perpetrators brought to justice, thus contributing to the prevention and elimination of impunity. The Committee requests the Government to provide detailed information on the status of the investigations and their outcome.

The Committee had previously noted with concern the 2022 ITUC allegations that the police entered the offices of SENTRO without justification and repeatedly inquired about union activities in November 2021, and that the police brutally repressed a strike and arrested 44 workers in a pasta-making company in December 2021. The Committee had requested the Government to ensure that the incidents were adequately addressed, that any unionists detained in relation to the legitimate exercise of trade union activities were released, and that the criminal system was not used to repress freedom of association rights. The Committee notes that according to the Government, the police visit, which was a fact-finding and validation exercise prompted by a reported labour dispute, was misinterpreted as a form of harassment. The Government adds that after a dialogue took place between representatives of the FCCU-SENTRO and the Philippines National Police (PNP) on 5 October 2022, no further incidents of surveillance have taken place. The Committee further notes that SENTRO, in its observations, states that the unannounced visit to its office followed a complaint against members of the police, and occurred within a larger context of red-tagging and harassment, including recent incidents at a plantation in Governor Generoso, at a mining company in Surigao, and at a cable company in Davao City. With respect to the alleged arrests at the pasta-making company, the Committee notes the Government’s indication that complaints have been filed against 44 arrested workers for alarms and scandal, absence of permit, disobedience to authority and disregard of COVID-19 protocols, among other charges. The Government indicates that these complaints were dismissed by the prosecutor for lack of probable cause, but that an appeal was filed by the management of the above-mentioned company before the Office of the Justice Secretary on 2 March 2022. The Government informs that this appeal is currently on hold, as it was filed during the previous administration. Taking note of the above, the Committee requests the Government to take the necessary measures to ensure that trade unionists are able to exercise their activities in a climate free from violence, harassment and intimidation, and within the framework of a system which guarantees the effective respect of civil liberties and freedom of association rights. The Committee also requests the Government to provide its observations on the new allegations of red-tagging and harassment submitted by SENTRO.

New allegations. The Committee notes that the ITUC and the ITF, in their 2023 observations, allege that Alex Dolorosa, an officer of the BPO Industry Employees Network (BIEN), was stabbed to death in April 2023. According to these organizations, 16 killings of trade unionists have been documented by Filipino trade unions since 2019. The ITUC and the ITF also affirm that two organizers of the Kilusang Mayo Uno (KMU), Alipio “Ador” Juat and Elizabeth “Loi” Magbanua, disappeared on 3 May 2022, and that in September 2022, the Court of Appeal ruled that military officers and officials were accountable for their enforced and continued disappearance. The organizations further allege that two labour organizers, Elgene “Leleng” Mungcal, and Elena “Cha” Cortez Pampoza, went missing on 3 July 2022 after having been subjected to red-tagging, that two union leaders were abducted, detained and questioned about their political activities by state security forces for six days in January 2023, and that two union leaders were arbitrarily arrested and accused of assault and robbery during a rally in June 2020 before being released on bail. The Committee further notes that SENTRO, in its 2023 observations, also denounces the murder of Alex Dolorosa. Noting these serious allegations with deep concern, the Committee requests the Government to provide its observations thereon.

Measures to combat impunity. Monitoring mechanisms. In its previous comments, the Committee strongly encouraged the Government to fully engage with the social partners in the review of the operational guidelines of the monitoring mechanisms, including in the framework of the mentioned tripartite road map, and requested it to continue to further strengthen these mechanisms, including by allocating sufficient resources, staff and security to personnel. The Committee notes the Government’s indication that DOLE has strengthened the role of the Bureau of Labor Relations (BLR) in performing overall supervision and monitoring of the Convention and related issues, and that funds have been allocated to strengthen the operation of monitoring mechanisms in the 2024 General Appropriations Act. The Government also indicates that the tripartite road map, as presently drafted, includes action points towards the strengthening of monitoring bodies, ensuring adequate budget allocation, and assignment of focal persons and support staff for tripartite activities and mechanisms. The Committee further notes that the Government provides the following information on the status of the 30 cases involving 43 killed trade unionists reported to the 2019 Conference Committee, and on the additional 12 incidents involving 22 victims reported by the ACT Teachers Partylist, the Nagkaisa Labour Coalition, and other labour groups: 12 cases were filed in court, eight are with the prosecutor’s office, one was closed due to the death of the accused, and 21 are still under investigation.

The Committee also notes that the ITUC and the ITF, in their 2023 observations, allege that the existing monitoring bodies, such as the National Tripartite Industrial Peace Council Monitoring Body (NTIPC-MB) and the Regional Tripartite Monitoring Body (RTMB), lack budget and staff to operate properly. They also affirm that the Inter-Agency Committee on Extrajudicial Killings, Enforced Disappearances, Torture and Other Grave Violations of the Right to Life, Liberty and Security of Persons under Administrative Order 35 (AO35 IAC) was supposed to address grave human rights violations, including labour-related killings, but that despite its resources, few cases have progressed or have been resolved. Taking due note of the Government’s indication that funds have been attributed in the 2024 General Appropriations Act and action points have been included in the tripartite road map to strengthen the monitoring bodies, the Committee expects that these bodies will be allocated more resources and staff in the very near future, with a view to ensuring their full operationalization and, in turn, the effective and timely monitoring, investigation, and, as appropriate, referral for prosecution of all pending labour-related cases of extra-judicial killings and other violations against trade union leaders and members. The Committee requests the Government to provide information on any developments in this regard, as well as updates on the progress made by the monitoring mechanisms in collecting the necessary information to bring the pending cases of violence against trade unionists to the courts.

Measures to combat impunity. Training and Guidelines on the conduct of stakeholders. The Committee previously encouraged the Government to continue to promote comprehensive training activities, with a solid focus on freedom of association and collective bargaining, among government agencies, and looked forward to receiving the revised Guidelines on the conduct of stakeholders. The Committee notes the Government’s indication that between June and August 2023, DOLE organized consultations and orientations with the CHR, the NTF-ELCAC and the National Intelligence Coordinating Agency (NICA) to coordinate and strengthen their programs on freedom of association. The Government adds that DOLE has conducted four area-wide dialogues to promote common understanding of the principles of freedom of association between unions, employers, law enforcement agencies and other government stakeholders, which took place in the national capital region on 2 March 2023, in Visayas on 17 March 2023, in Mindanao on 28 March 2023, and in Luzon on 26 April 2023. The Government informs that these social dialogues will be a continuing activity under the tripartite road map, which will provide for the conduct of capacity-building activities and trainers’ training to ensure the effective implementation of the Guidelines on the conduct of stakeholders. The Committee further notes the Government’s indication that Executive Order No. 23 requires concerned agencies to submit a comprehensive education and capacity-building program to foster common understanding among these agencies of the principles, policies, laws and regulations on freedom of association and the rights to self-organization and collective bargaining. The Government also states that it is looking at the possibility of availing itself of technical assistance from the ILO to strengthen the forensic capacity of its investigative bodies with a view to expediting fair investigation and resolution of the cases related to freedom of association. Welcoming these initiatives, the Committee expects that the above-mentioned training activities will continue within the framework of the tripartite road map and significantly contribute to raising awareness on matters related tofreedom of association and collective bargaining among State officials. Noting the Government’s interest in receiving technical assistance from the Office, the Committee hopes that this assistance will be provided in the near future.

Measures to combat impunity. Pending legislative matters. In its previous comments, the Committee had noted the Government’s indication that Senate Bill No. 2121 (defining and penalizing the crime of red-tagging) had been filed in March 2021, and requested the Government to provide information on the progress made in its adoption. The Committee notes the Government’s indication that Senate Bill No. 2121 was not refiled in the Senate of the current Congress, but that House Bills Nos 1152 and 4941, which also seek to define and criminalize red-tagging, were filed in the House of Representatives. The Government informs that these two bills have been pending with the House Committee on Justice since August and September 2022, respectively. In this regard, the Committee notes that SENTRO, in its 2023 observations, states that the proposed new legislation to help address red-tagging has yet to show any real prospect of enactment and has not been recommended by DOLE as urgent. Taking due note of the above, the Committee encourages the Government to take concrete time-bound measures towards the adoption of House Bills Nos 1152 and 4941, and requests it to provide information on any progress made in this regard.

The Committee had also previously noted the Government’s indication that House Resolution No. 392 (calling for justice for the victims and urging the House Committee on Human Rights to investigate the state of enforced disappearances in the country) and House Resolution No. 45 (directing the Committees on Justice and Human Rights to jointly conduct an inquiry into the implementation of the Act against Enforced or Involuntary Disappearance of 2012) had been filed in Congress, and encouraged the Government to continue to support legislative efforts that could have a positive impact on the exercise of civil liberties and trade union rights. The Committee notes the Government’s indication that House Bill No. 407, which seeks to declare unlawful and criminalize wilful interference with, harassment and coercion of any worker, workers’ association or trade union in the exercise of their right to self-organization, was filed in the House of Representatives and has been pending before the House Committee on Labour and Employment since July 2022. The Government adds that four other bills advocating for civil liberties and trade union rights in both the public and private sectors (House Bills Nos 1513, 1518, 550 and 7043) were filed in the House of Representatives. Taking due note of these initiatives, the Committee requests the Government to provide information on the progress achieved in the adoption of House Resolution No. 45, House Bills Nos 407, 1513, 1518, 550 and 7043, or any other draft legislation aimed at ensuring respect for civil liberties in the exercise of trade union rights.

Anti-Terrorism Act. In its previous comments, the Committee had requested the Government to take any necessary measures to ensure that the Anti-Terrorism Act, 2020 does not have the effect of restricting legitimate trade union activities. The Committee understood that following a Supreme Court judgement of December 2021 which nullified two provisions of the above-mentioned Act, terrorism as defined in section 4 does not include advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights, and welcomed this development. The Committee notes that the Government states that the judicial process provided in the Act for declaring a group of persons, an organization or an association as terrorist includes three levels of investigation, and that with the Supreme Court’s ruling, there is no leeway by which the law can be used to restrict legitimate trade union activities and related civil liberties. The Committee expects that the Government will continue to ensure that the Anti-Terrorism Act is not implemented in a way which has the effect of restricting legitimate union activities and related civil liberties.

Legislative issues

Labour Code. The Committee had previously noted that no recent amendments had been made on the matters raised in its previous comments, even though a number of measures had been filed with the Senate and the House of Representatives over the years, and expected concrete measures to be taken to pursue the revision of the Labour Code without additional delay. The Committee notes that the Government indicates that several labour relations bills have been filed and are now pending in the Senate and the House of Representatives of the present Congress. It refers in particular to: (i) House Bills Nos 1518 and 5141, as well as Senate Bill No. 560, on union registration and membership requirements under the Labour Code; (ii) House Bills Nos 5536 and 5789, as well as Senate Bill No. 741, on the power of the Secretary of Labour and Employment under section 278 of the Labour Code; and (iii) House Bill No. 5789 on the penalty of imprisonment during a strike or lockout under article 279 of the Labour Code. Noting with regret that despite the filing of these new bills, no concrete amendments appear to have been made in relation with the pending matters, the Committee once again reiterates all its previous comments, and firmly expects that the Government will make every effort to take the necessary measures to bring the national legislation into conformity with the Convention as soon as possible.

The Committee also reiterates its comments contained in the 2020 request addressed directly to the Government.