Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 under section 3 of the Human Security Act of 2007, a person commits the crime of “terrorism” in committing certain existing offences, if a consequence is “sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the Government to give in to an unlawful demand”, and that such acts are subject to a penalty of 40 years imprisonment without the benefit of parole. Imprisonment involves an obligation to perform labour, pursuant to section 1727 of the Revised Administrative Code. Noting the information provided by the Government concerning one case filed under the Human Security Act in 2010, the Committee requested further information on its application in practice.

The Committee notes an absence of information in the Government’s report on this point. However, it notes that the Human Rights Committee, in its concluding observations of 13 November 2012, expressed concern at the scope of certain offences under the provisions of the Human Security Act, as well as at the lack of data on the implementation of this legislation (CCPR/C/PHL/CO/4, paragraph 8). The Committee reminds the Government that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views, but recalls that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. The Committee once again requests the Government to provide information on the application in practice of the Human Security Act of 2007, including information on any prosecutions, convictions and penalties imposed, as well as copies of court decisions illustrating the scope of its application.