Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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 the Anti-Terrorism Act No. 11479 of 2020 provides for penalties of life imprisonment for the offences related to certain acts of terrorism as defined under section 4(a) to (e). The Committee also noted that acts of advocacy, protest, dissent, stoppage of work, industrial or mass action and other similar exercises of civil and political rights which are not intended to cause death or serious physical harm to a person, to endanger a person’s life, or create a serious risk to public safety, shall not be deemed as acts of terrorism under section 4. It requested the Government to provide information on the application in practice of section 4 of the Anti-Terrorism Act.

The Committee notes the information provided by the Government in its report whereby it refers to a case in which the Supreme Court, on finding two specific provisions of the Anti-Terrorism Act as vague and overbroad, declared them as unconstitutional and hence nullified. These provisions are: (i) section 4(b) which defines as terrorism, those acts intended to cause extensive damage or destruction to a government or public facility, public place or private property; and (ii) section 3(b) which bestows on the Anti-Terrorist Council (ATC) the power to designate a person, organization or association as a terrorist, through approval of the request made by other jurisdictions or supranational jurisdictions to designate such individuals or entities that meet the criteria indicated under section 25 of the Act. While taking note of this information, theCommittee requests the Government to continue to provide examples of cases where section 4 (a), (c), (d) and (e) has been applied that has given rise to any convictions so as to assess the scope of the definition of terrorism in relation to acts that create a serious risk to public safety.