Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2024, reiterating the comments made in the discussion held in the Conference Committee on the Application of Standards (the Conference Committee) in June 2024 on the application of the Convention, and the Government’s reply thereto. It further notes the observations of the Center of United and Progressive Workers (SENTRO), received on 3 September 2024, relating to matters addressed below and alleging the abduction and imprisonment of union leaders, as well as the observations of the International Trade Union Confederation (ITUC), received on 17 September 2024, referring to matters addressed below and alleging the murder of a union leader and the abduction and torture of another. The Committee also takes note of the Government’s reply to the observations submitted by SENTRO and the ITUC.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 112th Session, June 2024)

The Committee notes the discussion that took place in the Conference Committee in June 2024 concerning the application of the Convention. The Committee observes that the Conference Committee requested the Government, in consultation with the social partners, to: (i) take immediate and effective measures, in line with previous recommendations of the Conference Committee and the ILO high-level tripartite mission (HLTM) to put an immediate end to any violation of freedom of association, including threats and harassment, surveillance, arbitrary arrest and detention, and extrajudicial killings, against union members for the legitimate exercise of their rights under the Convention; (ii) undertake, without delay, effective and independent investigations into the new allegations of violence against members of workers’ organizations and expedite those that are pending with regard to all allegations reported since 2015; (iii) take measures to ensure the effective prevention of any violence perpetuated in connection with the exercise of workers’ and employers’ organizations’ legitimate activities and ensure that such organizations can exercise their activities within the framework of a system which guarantees the effective respect of civil liberties and freedom of association rights; (iv) address as a matter of urgency all concerns relating to the status and content of the road map with the social partners and ensure their full participation in its monitoring and implementation; (v) ensure the effective functioning of the monitoring bodies and provide regular information to the Committee in this regard; (vi) continue to promote comprehensive training activities, with a solid focus on freedom of association and collective bargaining, among government agencies with the help of ILO technical assistance; (vii) ensure that the Anti-Terrorism Act is not implemented so as to restrict legitimate union activities and related civil liberties contrary to the Convention; (viii) ensure that the following legislative matters are promptly addressed with a view to bringing national legislation into conformity with the Convention as soon as possible: House Bills Nos 1152 and 4941; and (ix) ensure that all workers without distinction are able to form and join organizations of their choosing in accordance with Article 2 of the Convention. Finally, the Conference Committee requested the Government, in consultation with employers’ and workers’ organizations, to submit a detailed report to the Committee by 1 September 2024 containing information on the implementation of the above measures and progress made in this regard.

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 expected that the road map and the Guidelines on the conduct of stakeholders relative to the exercise of workers’ rights and activities through the institutionalized tripartite process would be finalized shortly, and would significantly contribute to ensuring full respect for the civil liberties of trade union leaders and members. The Committee had also noted concerns raised regarding elements linked to the recommendations of the HLTM, and requested the Government to review Executive Order No. 23, which had created an Inter-Agency Committee to promote and protect freedom of association and the right to organize of workers (EO23 IAC), in full consultation with the social partners.

As regards the road map, the Committee notes the Government’s indication that in August 2024, the National Tripartite Industrial Peace Council (NTIPC) issued Resolution No. 2 of 2024, which confirmed the existence of the road map that had been approved by its Resolution No. 3 of 2023, with the understanding that the road map, being a living document, shall now include four items raised in a joint statement of the Leaders Forum (national bipartite mechanism) dated 28 August 2024: (i) regular quarterly interface of the EO23 IAC; (ii) alignment of national policy and practice with international labour standards; (iii) budget increase for the Commission on Human Rights (CHR); and (iv) review of the continued operation of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC). The Committee further notes the Government’s statement that implementation of the road map has already started with a series of activities; these include capacity-building on freedom of association and civil liberties as well as multisectoral dialogues between unions, employers, law enforcement agencies and other stakeholders, and that the road map may continue to be modified with additional items and activities as the circumstances warrant. The Committee also notes that SENTRO, in its observations, confirms that a bilateral agreement on several contentious issues was incorporated into the road map, but states that while the road map outlines the steps and sets a timeline for addressing these issues, they have yet to be fully implemented. In this regard, the Committee notes that the Government, in its reply to SENTRO’s observations, indicates that, at a meeting of 21 October 2024 between the EO23 IAC and worker’s and employers’ representatives: (i) the CHR indicated that its budget has been increased by 140 million Philippine pesos (approximately US$2 million); and (ii) the IAC acknowledged that past practices of the NTF-ELCAC may have given rise to issues not consistent with the Convention, and emphasized that the NTF-ELCAC is refocusing its operations away from security concerns and toward community development programmes, and has been encouraged to engage with labour organizations.

With respect to the Guidelines on the conduct of stakeholders, the Committee notes the Government’s indication that the Omnibus Guidelines on Freedom of Association and Civil Liberties were issued by the EO23 IAC in the form of Joint Memorandum Order 1 and took effect on 26 May 2024. The Government indicates that the Omnibus Guidelines will have been rolled out in all regions of the country by September 2024, and will be used for the development of modules for the training of local government executives, uniformed personnel of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP), as well as trade unionists. The Committee further notes that SENTRO confirms that the Omnibus Guidelines were issued but expresses doubts regarding their effectiveness, as the task of penalizing AFP and PNP personnel who violate them is left to their respective human rights offices rather than to an objective civilian adjudicative body. SENTRO also indicates that a joint request by the labour and employer sectors to elevate the Omnibus Guidelines into an executive order, as well as a request from public sector unions to extend the Omnibus Guidelines’ provisions to public sector workers, have been presented. In this regard, the Committee notes that the Government denies that the request to elevate the Omnibus Guidelines into an executive order was supported by the employer sector, and states that the Guidelines are already binding and easier to amend in their current form.

With regard to Executive Order No. 23, the Committee notes that the Government responds to the 2023 observations of the ITUC, the International Transport Workers’ Federation (ITF) and SENTRO by stating that: (i) the positions expressed by the labour sector during the HLTM, as well as a draft executive order it had submitted, were considered in the drafting of Executive Order No. 23; (ii) only agencies with security, investigative and prosecutorial functions were included as members of the EO23 IAC, which is why the social partners are not represented; (iii) the HLTM’s recommendation on the creation of a presidentially-driven body did not specify that its composition needed to be tripartite; (iv) the EO23 IAC is directly under the Office of the President and is therefore provided with adequate budget; (v) Executive Order No. 23 explicitly identifies the CHR, which is the constitutionally-mandated body that is already performing the functions of a specialized, eminent and independent non-judicial body, as resource agency of the EO23 IAC; and (vi) as the above-mentioned joint statement of the Leaders Forum acknowledged the functions of the EO23 IAC and recognized its role as a body with which the NTIPC could pursue constructive social dialogue and tripartite engagement, the issues raised concerning its establishment should be considered settled. Welcoming the progress reported, particularly the issuance of Resolution No. 2 by the NTIPC and the rolling out of the Omnibus Guidelines, the Committee requests the Government to take the necessary measures to ensure that the tripartite road map remains an inclusive, living document to which the social partners can contribute, and is efficiently implemented to continue addressing the substantive issues raised, with a view to ensuring full respect for the civil liberties of trade union leaders and members. Noting the reservations expressed regarding the effectiveness of the Omnibus Guidelines, the Committee requests the Government to review their practical application and scope in consultation with the social partners, and to provide information on any developments in this regard. As regards the issues raised in relation to the NTF-ELCAC, the Committee expects that the steps taken to refocus its operations towards community development will preserve for the Department of Labour and Employment (DOLE) its role in relation to industrial relations.

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, 2021 and 2022, 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 in order to effectively prevent and combat impunity.

The Committee notes the Government’s indication that: (i) the regional tripartite monitoring bodies (RTMBs) continue to exert all efforts to coordinate with the complainant organizations and the families of the alleged victims to obtain more information on the reported cases; (ii) certain challenges, such as the general nature of the allegations, the lack of sufficient information provided by the complainants, the lack of material witnesses, the failure or refusal of the victims’ families to cooperate in the investigation and the considerable length of time that has passed since these alleged incidents took place, hinder the investigation, as well as the prosecution and apprehension of the suspected perpetrators; (iii) it cannot be reasonably established that all incidents raised are related to or arose from the exercise of freedom of association and the right to organize; (iv) the DOLE and the CHR signed a Memorandum of Agreement (MOA) on 20 October 2023, providing for coordination on the referral, investigation and monitoring of cases, as well as a data sharing agreement on 31 May 2024, to facilitate the exchange of information on cases; and (v) the CHR, based on its own independent evaluations, provided additional information on 22 cases and updates on 34 others, and granted financial assistance to the victims’ families when it found that human rights violations had been committed. Noting with interest the reported measures, in particular the MOA and the data-sharing agreement concluded between DOLE and the CHR, the Committee requests the Government to continue taking all necessary steps to ensure that the allegations presented since 2015 are thoroughly investigated, emphasizing once again the importance of establishing facts (including any links between the violence and trade union activities), determining culpability and bringing perpetrators to justice to effectively prevent and combat impunity. The Committee requests the Government to continue to provide detailed information on all progress made in this regard.

New allegations. The Committee had previously requested the Government to provide its observations on allegations of red-tagging and harassment made by SENTRO, and on the killing of Alex Dolorosa, officer of the BPO Industry Employees Network (BIEN), and disappearances and arbitrary arrests of other union officials made by the ITUC and the ITF in their 2023 observations. The Committee notes the Government’s indication that: (i) the incidents mentioned by SENTRO that were not yet under monitoring were immediately transferred to RTMBs for their validation, intervention and monitoring; (ii) according to investigation reports, the motive behind the killing of Alex Dolorosa, officer of BIEN, was theft and not his union membership or activities; (iii) the authorities and the CHR, which conducted several fact-finding missions, were unable to locate either Alipio “Ador” Juat or Elizabeth “Loi” Magbanua, organizers of the Kilusang Mayo Uno (KMU), and financial assistance was granted to their beneficiaries; (iv) the authorities were unable to locate Elgene “Leleng” Mungcal and Elena “Cha” Cortez Pampoza, labour organizers, or establish with certainty that they were victims of enforced disappearance, and therefore archived the case; and (v) in the case of the alleged illegal arrest of Kara Taggaoa and Larry Balbuena, two union leaders, both are out on bail and awaiting their next hearing, and the CHR recommended that the case be closed, subject to the continuous monitoring of the court cases.

The Committee further notes that SENTRO alleges that: (i) red-tagging and profiling continue unabated due to the policies that fuelled trade union repression under the previous administration, which remain in effect; and (ii) KMU leaders were abducted by security officers and 24 of them remain imprisoned on trumped-up charges. The Committee also notes that the ITUC alleges that: (i) Jude Taddeus Fernandez, organizer for the KMU, was shot dead by the PNP on 29 September 2023 during a raid carried out on his house in Binangonan, Rinzal Province; and (ii) police and intelligence officers have abducted and tortured Francisco “Eco” Dangla III, Pangasian provincial coordinator of the ACT, and have entered public schools of the National Capital Region where leaders of the ACT were working to spread unfounded accusations and fear among students, teachers and administrators. The Committee notes that the Government, in its reply to the observations of SENTRO and the ITUC, states that: (i) there are several available remedies against wrongful designation or profiling, such as filing an administrative case or a petition for writ of amparo and habeas data, as a Supreme Court ruling of 4 July 2023 (Deduro v. Vinoya) determined that red-tagging, vilification, labelling and guilt by association constitute threats to a person’s life, liberty or security, which may justify the issuance of a writ of amparo; (ii) the allegations concerning the 24 KMU officers should not be considered, as the information provided by SENTRO is insufficient; (iii) Jude Taddeus Fernandez, whose real name is Oscar Dizon, was the subject of an arrest warrant for murder when the raid occurred, and in subsequent administrative proceedings against the two officers involved in his killing, it was determined that they had acted in self-defence; and (iv) the San Carlos Police Station and the PNP attempted several times to communicate with Francisco “Eco” Dangla III and gather information about his alleged abduction and torture, but were unable to do so, and DOLE has no record of his involvement in the trade union movement. While duly noting the Government’s efforts to investigate the above-mentioned matters and the recent Supreme Court decision on red-tagging, vilification, labelling and guilt by association, the Committee expresses concern regarding the continued allegations of violence, harassment and intimidation against trade unionists, and urges 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 also invites SENTRO to provide the Government with any additional specific information it may have at its disposal regarding the alleged abduction and imprisonment of KMU officers.

Measures to combat impunity. Monitoring mechanisms. In its previous observation, the Committee took due note that funds had been attributed in the 2024 General Appropriations Act and action points included in the tripartite road map in order to strengthen the monitoring bodies, and the Committee expected that these bodies would be allocated more resources and staff in the very near future, with a view to ensuring their full operationalization. The Committee notes the Government’s indication that the RTMBs remain fully operational, that more vigorous measures, such as trainings for their members financed by the additional budget from the 2024 General Appropriations Act, have been taken since 2022 to further strengthen their capacities, and that coordination mechanisms with other agencies have been institutionalized, enabling them to provide more details, timely updates and pertinent recommendations on reported cases. The Committee further notes that the ITUC, in its observations, reiterates that: (i) the existing monitoring bodies, such as the National Tripartite Industrial Peace Council Monitoring Body (NTIPC-MB) and the RTMBs, lack sufficient funding and staff to operate properly; and (ii) although 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, few cases have progressed or been resolved despite its resources. Taking due note of the above, the Committee requests 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 requests the Government to provide updates on the progress made by these bodies, including the AO35 IAC, in collecting the necessary information to bring the pending cases to the courts.

Measures to combat impunity. Training and Guidelines on the conduct of stakeholders. The Committee had previously welcomed the training activities conducted by the Government and expected that they would continue within the framework of the tripartite road map and significantly contribute to raising awareness on matters related to freedom of association and collective bargaining among State officials. The Committee notes the Government’s indication that one of the major deliverables under the road map is continuous capacity-building for all stakeholders. The Governments indicates that, through an MOA concluded between DOLE and the University of the Philippines College of Law on 1 September 2023, which is now being implemented, paralegal training is provided to trade unionists, including members of the RTMBs, to equip them with the proper knowledge and skills to provide immediate assistance to their members who might be targets of threats, intimidation, harassment and violence arising from the exercise of freedom of association and the right to organize. The Government adds that the above-mentioned development of the training modules based on the Omnibus Guidelines would start by the last quarter of 2024, and that DOLE recently issued new guidelines for its Adjustment Measures Program, which will fund capacity-building and advocacy programmes to promote the fundamental principles and rights at work, including freedom of association and the right to organize, and trade competitiveness. The Committee further notes the Government’s indication that it is now embarking on a technical cooperation programme with the ILO Country Office in Manila under the project entitled “Strengthening freedom of association and action against child labour in the Philippines”, which will provide support to the implementation of several activities under the road map, such as the development of a case referral mechanism for the monitoring of alleged violations of freedom of association, trainings for various stakeholders, tripartite consultations and dialogues, and capacity-building activities toward the implementation of the Omnibus Guidelines. Welcoming the Government’s continued capacity-building efforts, as well as its technical cooperation programme with the ILO Country Office in Manila, the Committee trusts that these initiatives will strengthen the implementation of the road map and the Omnibus Guidelines, and further enhance awareness of freedom of association and collective bargaining among stakeholders. The Committee requests the Government to provide detailed information on the progress of these activities.

Measures to combat impunity. Pending legislative matters. In its previous comments, the Committee noted the Government’s indication that House Bills Nos 1152 and 4941 (seeking to define and criminalize red-tagging) had been filed in the House of Representatives, and encouraged the Government to take concrete, time-bound measures toward their adoption. The Committee notes the Government’s indication that the two bills have been pending with the House Committee on Justice since 2022. In the context of the above-mentioned Supreme Court decision issued on red-tagging, the Committee requests the Government to take specific, time-bound measures aimed at advancing House Bills Nos 1152 and 4941, and to provide detailed information on all progress made in this respect.

The Committee also previously noted the Government’s indication that House Resolution No. 45 (directing the Committee on Justice and the Committee on Human Rights to conduct a joint inquiry into the implementation of the Act against Enforced or Involuntary Disappearance of 2012), House Bill No. 407 (seeking 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), as well as House Bills Nos 1513, 1518, 550 and 7043 (advocating for civil liberties and trade union rights in the public and private sectors) had been filed, and requested the Government to provide information on the progress achieved in their adoption. The Committee notes the Government’s indication that: (i) House Resolution No. 45 has been pending with the House Committee on Justice since 2022; (ii) House Bill No. 407 was substituted by House Bill No. 9294, which was approved by the House of Representatives on 29 November 2023 and is now pending in the Senate Committee on Labour, Employment and Human Resource Development; (iii) House Bills Nos 550 and 1513 have been pending with the House Committee on the Civil Service and Professional Regulation since 2022; (iv) House Bill No. 1518 was substituted by House Bill No. 9430, which was passed on 12 December 2023 and is now pending in the Senate Committee on Labour, Employment and Human Resource Development; and (v) House Bill No. 7430 was substituted by House Bill No. 10267, which is pending second reading at the House of Representatives.

The Committee further notes that the Government indicates, in a general manner, that: (i) the Philippines has a presidential form of government, under which there is a separation of powers between the legislative branch, the executive branch and the judiciary; (ii) while actions to be taken in relation to the bills filed are within the competence of the legislature, the executive will continue to monitor progress and provide technical inputs when called upon to do so; and (iii) the legislative priorities are coordinated through the Legislative-Executive Development Advisory Council (LEDAC), which is chaired by the President of the Philippines. The Committee also notes that SENTRO states that the legislative process has been consistently stalled as a result of the President’s refusal to certify the legislative measures aimed at aligning national laws with international labour standards as “urgent”. In this regard, the Committee notes the Government’s indication that during a meeting of 21 October 2024, the Executive Secretary of the EO23 IAC suggested that to merit certification, the labour sector should exert efforts to ensure that its priority bills are among the ones identified as such by the LEDAC. Taking note of the above, the Committee requests the Government to take the necessary measures, including via the LEDAC and in full consultation with the social partners, to facilitate the adoption without further delay of House Resolution No. 45, House Bills Nos 407, 1513, 1518, 550 and 7043, and any other draft legislation aimed at ensuring respect for civil liberties in the exercise of trade union rights. The Committee requests the Government to provide information on any developments in this regard.

Anti-Terrorism Act. In its previous observation, the Committee welcomed a Supreme Court judgment which nullified two provisions of the Anti-Terrorism Act, and expected that the Government would continue to ensure that the Act was not implemented in a way which had the effect of restricting legitimate union activities and related civil liberties. The Committee notes the Government’s assurances that it will continue to ensure that the Act is not implemented in a manner that restricts legitimate trade union activities, and states that in case of any violation, adequate remedies are available under the Revised Penal Code and other penal laws. The Committee notes, however, that the ITUC alleges that after reporting constant surveillance by the authorities, Aurora Santiago, Region III Union Coordinator of the ACT, was charged under the Anti-Terrorism Act. The Committee requests the Government to provide its comments on these allegations.

Legislative issues

Labour Code. The Committee previously noted with regret that despite the filing of several new bills, no concrete amendments appeared to have been made in relation with the matters raised in its previous comments, and firmly expected that the Government would make every effort to bring the national legislation into conformity with the Convention as soon as possible. The Committee notes the Government’s indication that its legislative branch has its own priorities and rules on actions it may take, but that the social partners, particularly the labour sector, have their allies in Congress who can help them push for the bills that they consider a priority. The Government also refers to the status of certain bills, indicating that House Bill No. 9430 and Senate Bill No. 560 (on union registration and membership requirements under the Labour Code), as well as Senate Bill No. 741 (on the power of the Secretary of Labour and Employment under section 278 of the Labour Code), are pending in the Senate Committee on Labour, Employment and Human Resource Development, and that House Bill No. 9447 (on government interventions in labour disputes) and House Bill No. 10267 (on the penalty of imprisonment during a strike or lockout) are pending second reading at the House of Representatives. Regretting once again that, despite the filing of the above-mentioned bills, no significant progress has been made in addressing the matters raised in its previous comments, the Committee urges the Government to prioritize efforts to align the national legislation with the Convention, and to provide updates on any developments in this regard.