Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Philippines (Ratification: 1953)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 29 August 2025, which are of a general nature. The Committee notes the joint observations of the Alliance of Labor Association for Reform (ALARM), the Congress of Agricultural Industrial Labor Organization (CAILO), the Democratic Association of Labor Organization (DALO), the National Congress of Union in the Sugar Industry of the Philippines (NACUSIP), the National Federation of Labor Union-KMU (NAFLU-KMU), the National Federation of Sugar Workers (NFSW), the Philippine Agricultural, Commercial and Industrial Workers Unions (PACIWU) and the United Sugar Farmers Organization (USFO) received on 12 November 2024, alleging deprivation of the right to assist and represent their members in labour cases filed before the national Labour Relations Commission (NLRC), as well as the Government’s reply thereto, indicating that the parties clarified the matter and reached an understanding to settle the issue after discussions in March and November 2025. The Committee also notes observations of the International Trade Union Confederation (ITUC) received on 2 September 2025, referring to matters examined by the Committee below, and the Government’s reply thereto.

Tripartite road map to implement the 2019 Conference Committee conclusions and achieve full compliance with the Convention. In its previous comment the Committee requested the Government to take the necessary measures to ensure that the tripartite road map was efficiently implemented, with a view to ensuring full respect for the civil liberties of trade union leaders and members, and to review the practical application and scope of the 2024 Omnibus Guidelines on Freedom of Association and Civil Liberties (Omnibus Guidelines) with the social partners to ensure their effectiveness. The Committee further expressed its expectation that the steps taken to refocus the operations of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) towards community development would preserve for the Department of Labour and Employment (DOLE) its role in relation to industrial relations.

The Committee notes the detailed information provided by the Government on the steps taken to continue to operationalize the tripartite road map, including: (i) continued review of the National Tripartite Industrial Peace Council (NTIPC) and the creation of five executive committees with specific responsibilities, one of which focuses on freedom of association and is charged, together with the NTIPC-Monitoring Body (NTIPC-MB), to monitor follow-up on the commitments under the road map, in relation to the recommendations of ILO supervisory bodies and the 2019 high-level tripartite mission; (ii) a resolution adopted by the NTIPC in April 2025 calling for a further increase in the budget of the Commission on Human Rights (CHR) to strengthen its capacity to promote and protect human rights, particularly those related to freedom of association; (iii) development of a consolidated training module on freedom of association with support from the Office and funds from the Trade for Decent Work Project; (iv) continued engagement with the social partners through different avenues, including two high-level dialogues between trade unions and the President in 2025; and (v) increase in the allocated budget for tripartite monitoring bodies and provision of five batches of paralegal training to workers, unionists and labour advocates in 2025.

The Committee notes with interest the Government’s indication that: (i) in September 2025, the 2024 Omnibus Guidelines were elevated into an Executive Order No. 97 (EO 97) and were thus given the full force of presidential authority, as demanded by the labour sector; (ii) the EO 97 requires government offices to implement the Guidelines in their policies, trainings and manuals and to provide full support and cooperation in their implementation; (iii) the DOLE, through the NTIPC, is tasked with monitoring the implementation and compliance with the Omnibus Guidelines; and (iv) initiatives to integrate the Omnibus Guidelines in capacity-building activities are ongoing, with 19 learning sessions organized in 16 regions with participation from more than 2,000 tripartite constituents. The Government adds that the Inter-Agency Committee to promote and protect freedom of association and the right to organize of workers (EO23 IAC) agreed to implement activities for the rollout of the freedom of association training programme for its members. The Committee also notes the Government’s clarification, in relation to the previously expressed concerns by the Center of United and Progressive Workers (SENTRO), that members of the armed forces and the police who do not comply with the Guidelines can be penalized not only by their respective human rights officers through an administrative complaint but also through three other means of action, in particular the filing of a civil case, a criminal case or a petition for protective writs, all of which are within the jurisdiction of civilian courts, not the administration of the police or the military.

Concerning the NTF-ELCAC, the Committee notes the Government’s indication that the labour sector’s demand to review the mandate of the NTF-ELCAC was discussed during an interface meeting with the social partners convened by the EO 23 IAC in April 2025 and that the NTF-ELCAC introduced the National Action Plan for Unity, Peace and Development (NAP-UPD) 2025–28 formulated in consultation with civil groups. The Government adds that SENTRO maintained its demand to abolish the NTF-ELCAC and although it was proposed to establish a forum with the labour sector, unions manifested their disinterest in engaging with the NTF-ELCAC. The Government nevertheless reports its commitment to continuing its engagement with the social partners to ensure that the NAP-UPD is applied in conjunction with the Omnibus Guidelines, in particular to preserve the exclusive authority of the DOLE to implement policies and laws on trade unions.

Welcoming the Government’s continued engagement to operationalize the tripartite road map through a variety of concrete measures and to ensure an effective implementation of the 2024 Omnibus Guidelines, including through their elevation to an Executive Order, the Committee requests the Government to continue to take steps in this regard with a view to ensuring full respect for the civil liberties of trade union leaders and members. The Committee requests the Government to provide information on the practical application of the above initiatives, as well as on any developments regarding the reform of the NTF-ELCAC.

Civil liberties and trade union rights

Alleged violations. In its previous comment, the Committee noted with interest the measures taken to investigate previous allegations of violations of civil liberties, requested the Government to continue taking all necessary steps to ensure that allegations presented since 2015 were thoroughly investigated and urged the Government to take all necessary measures to ensure that trade unionists are able to exercise their activities within a system which fully guarantees the respect of civil liberties and freedom of association rights. The Committee notes the Government’s statement that: (i) most of the cases previously reported by the ITUC and SENTRO were recommended to be delisted or dropped by the Regional Tripartite Monitoring Bodies (RTMBs), as they were not related to the right to organize, and these findings and recommendations were presented to the NTIPC Executive Committee on Freedom of Association and the NTIPC-MB in March and April 2025, where they are currently under review; (ii) a meeting of the IAC in March 2025 and an interface meeting with the social partners in April 2025 discussed updates on cases which the labour sector considers to be priority for their group, including the cases of Alex Dolorosa and Manny Asuncion; and (iii) given that the circumstances of many of the alleged violations reported to the Committee affect their investigation and resolution (lapse of time, lack of witnesses, failure of witnesses to cooperate), the Government continues to pursue measures beyond judicial remedies, including financial assistance to victims through the CHR and the Victims Compensation Programme, as well as strengthening institutional mechanisms for social dialogue, initiating policy reforms to protect human rights and labour rights and implementing advocacy efforts to promote respect for and foster a common understanding of the principles of freedom of association. The Committee notes, in particular, the adoption of the DOLE Administrative Order No. 149, series of 2025 (Guidelines for the Issuance of DOLE Clearance on Criminal Complaints Filed with the Office of the Prosecutor Involving the Exercise of Freedom of Association and the Right to Organize of Workers), which guides DOLE Regional Offices in processing requests by the investigating prosecutor for an evaluation and certification from the DOLE on whether a criminal complaint has arisen out of or is related to a labour dispute. The Committee notes with interest the Government’s indication that the DOLE and the CHR entered into another Memorandum of Agreement in April 2025, which seeks to address the economic vulnerabilities of victims of human rights violations by implementing a targeted economic intervention for them and their families – the Labour Intervention for Financial and Economic (LIFE) Assistance Project. The project covers allegations reported to, investigated by or pending investigation by the CHR, even without a final determination of a human rights violation or a finding of criminal or civil liability and includes measures, such as, emergency employment, livelihood assistance, skills training and scholarships. The Government states that, as of August 2025, the project covers more than 300 beneficiaries who are supposedly members of labour organizations having submitted complaints to the ILO (the Government provides a list of individuals).

The Committee further notes the latest observations of the ITUC alleging continued harassment and persecution of trade unionists, including through arbitrary arrests, detention and protracted criminal proceedings. The ITUC refers specifically to the arrest, in October 2024, of two KMU union leaders in Southern Tagalog (Gavino Panganiban and Maritess David) and criminal charges filed against them, and denounces the practice of maintaining criminal charges pending against unionists for numerous years as a form of intimidation (for instance, criminal charges against the “Talaingod 18” (18 unionists and human rights defenders) have been pending since 2018). The Committee notes the Government’s reply to these allegations, confirming that criminal cases are pending against the two KMU leaders and indicating that the delay in some cases was caused by the COVID-19 pandemic and judicial remedies initiated by the accused. The Government adds that the DOLE and the KMU engaged in a dialogue in September 2025 and agreed that the KMU would provide a list of alleged arrests and detention involving its members to facilitate the monitoring of their cases but that such list has not yet been provided.

In light of the above, while encouraging the Government’s continued engagement to seek remedies for trade unionists and workers affected by alleged violations of civil liberties outside of the judicial system, that the Committee trusts will contribute to bringing justice to the concerned individuals, the Committee reiterates its expectation for the Government to continue taking all necessary steps to ensure that the repeated allegations of violence and other violations of freedom of association presented since 2015 are thoroughly investigated. While acknowledging the challenges the Government faces in this regard, the Committee trusts that dialogue with the social partners, as reported by the Government, will facilitate the investigations, and in particular the establishment of facts (including any links between the violence and trade union activities), determination of culpability and bringing perpetrators to justice to effectively prevent and combat impunity.

Measures to combat impunity. Monitoring mechanisms. The Committee previously requested the Government to continue taking measures to ensure that the monitoring bodies have sufficient resources to effectively address all pending labour-related cases of violence and other violations against trade union leaders and members. The Committee notes the Government’s indication that the allocation for tripartite cooperation has increased to more than six times the 2022 budget and was used to fund the operations of tripartite monitoring bodies, in particular those pertaining to their monitoring functions, activities under the road map and the conduct of multi-sectoral dialogues. The Committee also notes the Government’s indication that while individuals and groups affected should be able to continue to submit substantiated and well-documented allegations directly to the ILO, the NTIPC-MB wishes to have a more proactive role in receiving and verifying alleged violations before they are submitted to the ILO, so as to ensure prompt action and maximize resources towards resolution of those cases that are genuinely related to freedom of association and are supported by credible and verifiable information. Taking note of the above, the Committee requests the Government to continue to take measures, in consultation with the social partners, to render the tripartite monitoring mechanisms more efficient and maximize the use of their resources, with a view to ensuring their ability to monitor, verify and forward relevant cases to courts. The Committee also requests the Government to provide updates on the initiative to increase the role of the NTIPC-MB and on progress made by the tripartite monitoring bodies (including 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)), in collecting information with a view to submitting relevant cases to the courts. The Committee further encourages the social partners, to the extent possible, to accompany complaints of violations with sufficient detail so as to facilitate prompt action of the relevant authorities.

Measures to combat impunity. Training and Guidelines on the conduct of stakeholders. The Committee previously noted that one of the major deliverables under the tripartite road map was continuous capacity-building for all stakeholders. The Committee notes with interest the Government’s indication in this regard that, with assistance of the Office, it has developed a consolidated training module on freedom of association, which integrates material and tools developed and supported by the ILO, as well as new critical policy updates and developments on freedom of association and labour rights. The Committee notes the detailed information provided by the Government on the topics covered, which include international labour standards, the role of the ILO, challenges in exercising freedom of association, the role of the security forces, available remedies for violations, as well as freedom of association in business, human rights and migration contexts. The Government adds that a specific training was organized in August 2025 to equip tripartite constituents with the knowledge, skills and tools to enable them to design and implement their own training programmes. Welcoming the Government’s technical cooperation with the ILO Country Office in Manila, the Committee encourages the Government to pursue its capacity-building initiatives and trusts that they will strengthen the implementation of the road map and the Omnibus Guidelines and thus raise awareness of freedom of association among the tripartite stakeholders.

Measures to combat impunity. Pending legislative matters. In its previous comment, the Committee requested the Government to take the necessary measures to facilitate the adoption of several House Bills that aimed at ensuring respect for civil liberties in the exercise of trade union rights. The Committee notes the Government’s indication that all of the previously reported bills were terminated when the 19th Congress expired in June 2025 but were refiled in the same or modified versions in the 20th Congress: House Bill No. 92 (Public Service Labour Relations Act, covering previous House Bills Nos 550 and 1513); House Bills Nos 1152 and 4941 and House Bills Nos 213 and 1841 (both entitled the Anti-Red-tagging Act of 2025); House Bill No. 89 (previously House Bill No. 1518, entitled Union Formation Act); and House Bill No. 91 (previously House Bill No. 7043, entitled Strengthening Workers’ Right to Strike). The Committee requests the Government to take the necessary measures, including through the previously reported Legislative-Executive Development Advisory Council (LEDAC), to facilitate the adoption of the above Bills, or any other legislation that aims at ensuring respect for civil liberties in the exercise of trade union rights. The Committee trusts that the Government will be able to report progress in this regard.

Anti-Terrorism Act. In its previous comment, the Committee noted the Government’s assurances that it would continue to ensure that the Anti-Terrorism Act is not implemented in a manner that restricts legitimate trade union activities and requested it to provide comments on the ITUC allegations that Maria Aurora Santiago, Union Coordinator of the ACT, was charged under the Anti-Terrorism Act. The Committee notes the Government’s indication that the ITUC allegation lacks specifics and that, after verification, it was shown that Ms Santiago has not been charged under the Anti-Terrorism Act. According to the Government, this shows the need for trade unions to substantiate their allegations when submitting complaints both to the national legal system and the ILO supervisory mechanisms. Taking note of the above, the Committee trusts 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. In its previous comments, the Committee had been noting numerous amendment bills pending before Congress over many years and in various forms with a view to bringing the national legislation into conformity with the Convention. The Committee recalls that these issues are detailed in its 2020 comments and concern: the right to organize of foreign nationals; exclusion of certain categories of workers from the guarantees of the Convention; excessive minimum membership requirements; excessive Government intervention leading to compulsory arbitration; penal sanctions for participation in a peaceful strike; requirement of prior administrative permission for foreign assistance to trade unions; and excessive requirement for registration of federations and national unions. The Committee notes the Government’s indication that some of the above-mentioned bills aim to address certain concerns raised. Having regard to the long-standing nature of this matter, the Committee expects progress to be made in aligning the Labour Code with the Convention in the near future and requests the Government to provide information on progress made in this regard.

The Committee welcomes the Government’s indication that in May 2025, it launched the enhanced Online Union Registration System (OURS) to facilitate registration of labour organizations and collective bargaining agreements by providing an alternative to manual registration and enabling pre-processing by the DOLE to reduce the need for workers to make multiple trips to the DOLE. The Government informs that the platform stores registration documents, which are freely available to the concerned unions, irrespective of changes in union leadership. The Committee requests the Government to provide information as to the impact of the online platform on registration of trade unions.