European Union Statement 

112th International Labour Conference

Committee on Application of Standards

Philippines

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

Geneva, 7 June 2024

Thank you, Chair.

I have the honour to speak on behalf of the European Union and its Member States.

The candidate countries, North Macedonia, Montenegro, Albania, and the EFTA country Norway, member of the European Economic Area, align themselves with this statement.

1. The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We actively promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application.
2. The Philippines is an important partner, including in support of multilateralism and international rules-based order. Within the framework of the Generalised Scheme of Preferences Plus and the Framework Agreement on partnership and cooperation with the EU and its Member States, the Philippines committed to ratify and effectively implement international Conventions on human rights, including labour rights.
3. The case we discuss today, is long-standing and serious. Following last year's discussion in the Conference Committee on the Application of Standards (CAS) on violations of Convention No. 87, the Government of Philippines was urged to take action on several points, in particular to put an end to any act of violence and intimidation against union members for the legitimate exercise of their rights; to immediately and effectively undertake investigations into the allegations of violence; to operationalize the monitoring bodies; and to ensure the right to freedom of association for all workers.
4. We welcome that the Philippines also received a High-level tripartite mission in January 2023 and has initiated discussions on a tripartite road map covering the areas of action identified in 2019 by the Conference Committee to address these long-standing concerns. While noting the Government’s initiatives taken in this regard, we echo the Committee's expectation that both the tripartite road map and the Guidelines on the conduct of stakeholders be finalized. This should be done as a matter of priority with clear deliverables and timelines and be incorporated in the Labour and Employment Plans as previously indicated by the Government. We also underline the importance of full consultation with social partners on all questions affecting trade union rights.
5. We take note of the allegations received regarding the continued and serious violations of workers’ human rights, including trade unions rights, in the Philippines, as well as the written information provided by the Government.
6. Regarding previous allegations of trade unionists’ murders, we deeply regret that no concrete progress has been made in investigating these incidents. Considering these serious allegations, we expect that the Government will take the necessary measures for the facts to be clearly established, so that responsibilities are determined, and persecutors do not go unpunished. Due to the repetition of these events, we express our deep concern with regard to the new allegations of killings of trade unionists. We take note of the written information provided by the Government on this matter but we recall the importance of providing more details in view of the numerous former and more recent allegations.
7. We note with concern the new allegations of red-tagging and harassment. We echo the request of the Committee of Experts on the necessity for the Government to take measures to ensure the effective exercise of trade union rights in a system free from violence, harassment, or intimidation, and respectful of human rights, including the right to freedom of association and in that regard respect the ruling by the Philippines Supreme Court of May 8, 2024.
8. While noting the allocation of funds in the 2024 General Appropriations Act, we expect that the monitoring bodies will be provided with sufficient resources, to ensure an effective and timely monitoring, investigation, and the appropriate referral to the courts of all pending cases of extrajudicial killings and other violations against trade unions leaders and members.
9. We welcome the training activities with a specific focus on freedom of association and collective bargaining among State Officials and we encourage the Government to continue raising awareness on these matters.
10. In accordance with the observations of the Committee of Experts, we again encourage the Government to take the necessary measures to ensure that its legislation complies with Convention No. 87 and to report to the ILO on the progress achieved. We particularly emphasize the importance of the adoption of House Bills Nos 1152 and 4941, which aim to define and criminalize the practice of red-tagging of trade union representatives and members. Moreover, we regret that no concrete amendments have been made to pursue the revision of the Labour Code and expect swift progress on that matter.
11. We express our hope that the Government will continue to ensure that the Anti-Terrorism Act will not be implemented in a way that restricts legitimate union activities and human rights.
12. The EU and its Member States encourage the Government to continue its efforts to improve mechanisms for the promotion and protection of human rights, including labour rights, and pursue its collaboration with the ILO to address the issues raised.

Thank you Chair.

*North Macedonia, Montenegro and Albania continue to be part of the Stabilisation and Association Process.