Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Abolition of Forced Labour Convention, 1957 (No. 105) - Philippines (Ratification: 1960)

Article 1(a) of the Convention. 1. The Committee noted previously that under section 142 of the revised Penal Code a penalty of imprisonment may be imposed upon persons who incite others by means of speeches, proclamations, writings, emblems, to acts constituting sedition, who utter seditious words or speeches, who write, publish, or circulate scurrilous libels against the Government. Under section 154(1) a penalty of imprisonment may be imposed on any person who by means of printing, lithography or any other means of publication shall maliciously publish as news any false news which may endanger the public order or cause damage to the interests or credit of the State.

The Committee recalled that the Convention prohibits the use of any form of forced or compulsory labour as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee requested the Government to indicate the measures taken or envisaged to ensure that the persons protected by the Convention may not be punished by penalties of imprisonment (involving, under section 1727 of the Revised Administrative Code, an obligation to work), and to provide information on the practical application of the above-mentioned provisions.

The Committee notes the Government's indication in its report that the "obligation to perform labour" is not a penalty but an integral part of the corrective system intended for beneficial and humane purposes. There exist no judicial decisions imposing the obligation to perform forced labour as a penalty for violations committed by persons protected by the Convention.

The Committee refers to the explanations provided in its observation under the Convention. The Committee hopes that the Government will inform on action taken to bring legislation into conformity with the Convention.

2. The Committee requests the Government to provide a copy of Executive Order No. 29 of 16 July 1986, which repealed Presidential Decree No. 33.