Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

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 (involving compulsory labour) without the benefit of parole. The Committee noted the Government’s reference to the application of the Human Security Act in cases illustrating the use of violence or incitement to violence (bombing, multiple murder and attempted murder). The Committee requested the Government to continue to provide information on the application in practice of the Human Security Act of 2007.

The Committee notes the Government’s indication in its supplementary report that the Anti-Terrorism Act No. 11479 of 2020 has repealed the Human Security Act of 2007. The Committee notes that section 4 of the Anti-Terrorism Act defines the offence of terrorism as certain acts committed with the purpose, by their nature and context, to intimidate the general public or a segment thereof, to create an atmosphere or spread a message of fear, to provoke or influence by intimidation the Government or any international organization, or to seriously destabilize or destroy the fundamental political, economic or social structures of the country, or to create a public emergency or seriously undermine public safety. The penalty is life imprisonment, without the benefit of parole. The Government indicates that section 4 also states that 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 acts of terrorism. The Committee requests the Government to provide information on the application of the Anti-Terrorism Act of 2020 in practice, including copies of relevant court decisions.