22 June 2020
Hon. Rodrigo Roa Duterte
President
Republic of the Philippines
Email: op@president.gov.ph;mro@malacanang.gov.ph;
pcc@malacanang.gov.ph
Dear President Duterte,
Anti-Terror Bills (Senate Bill 1083 and House Bill 6875) violate international labour
standards
In solidarity with Filipino workers, Japanese Trade Union Confederation is writing to
express our serious concerns with the passing of two anti-terror Bills (Senate Bill 1083
and House Bill 6875) to replace the Human Security Act of 2007.
We are extremely concerned about the new anti-terror bills, which are strongly opposedby the ITUC affiliates and Nagkaisa, the largest labour coalition in the Philippines. The
said bills, if signed by you into law, will further securitize, shrink and stifle civic spaceand rights at work, placing workers, trade union activists and other human rights actors
and defenders under even more jeopardy and danger of arbitrary, indiscriminate andbaseless attacks, harassment, intimidation and killings at the hands of the police, themilitary and other security agencies.
Numerous provisions of the bills are in serious contradiction with international law. For
example, the S. No. 1083 under section 4 defines “terrorism” in extremely broad terms,
including any damage to public facility, private property and infrastructure. This could
place workers in danger of being caught in this overbroad definition of terrorism whenengaging in peaceful and legitimate trade union activity that under this definition could
be interpreted as directly or indirectly resulting in damage to property.
We recall that under international labour standards, overly broad legislative definitions

that weaken or undermine the exercise of the right to organize, including the right tostrike, violate the principles of freedom of association. The ILO Committee on Freedomof Association has specifically discouraged governments from resorting to terrorism andother emergency legislation when it comes to trade union activity.
In the same vein, section 9 of both the Senate Bill 1083 and House Bill 6875 criminalizes
persons who, though not taking part in the commission of a terrorism act, express an
opinion or other forms of expression in favour of the alleged terrorists. With the broad
definition of terrorism in the Bills, other workers or members of the general public who
express their positive opinions or hold paraphernalia favourable to a protest or massaction deemed as terrorism would fall foul of this provision.
We note that freedom of opinion and expression and, in particular, freedom to holdopinions without interference and to seek, receive and impart information and ideas
through any media constitute civil liberties which are essential for the normal exercise
of trade union rights. Therefore, section 9 will violate Convention 87 and the principles
of freedom of association in the light of the overly broad definition of terrorism in theanti-terrorism Bill.
Moreover, we highlight section 3(c) of Senate Bill 1083 which legalizes “ExtraordinaryRendition” defining it in reference “…to the transfer of a person, suspected of being aterrorist or supporter of a terrorist organization, association, or group of persons to aforeign nation for imprisonment and interrogation on behalf of the transferring nation”
adding that “The extraordinary rendition may be done without filing any formal charges,
trial, or approval of the court.”
We are deeply concerned that this provision may be used against Filipino citizens andother human rights actors without any form of accountability. We recall that theCommittee of Freedom of Association “has pointed out the importance that it attaches tothe right of trade unionists, like all other persons, to enjoy the guarantees afforded bydue process of law…”. We note that it made it unwarranted under any circumstance forrendition to occur without a system of legal accountability. This provision must beamended.
Furthermore, sections 29 of Senate Bill 1083 and House Bill 6875 deny persons

suspected of terrorism the protection of a warrant-based arrest. Securing a warrant prior
to arrest or search ensures that security forces do not arbitrarily interfere with personalprivacy or the enjoyment of one’s property. Fatally, neither of the Bills provides remedy
to persons who suffer false and malicious actions, charges and prosecution. This remedy
was removed in the process of amending the Human Security Act of 2007.
Mr President, we have mentioned a few of these illegal and unreasonable anti-terror
provisions in the Bills which violate international labour standards. You have anobligation to guarantee the enjoyment of the right to organize, in law and practice, underan atmosphere of respect for human rights and civil liberties. We are concerned thatalready, the United Nations and the ILO Committee of Experts on the Application ofConventions and Recommendations have on several occasions expressed disquiet about
your government’s use of anti-terror and other public order legislation to suppress
human rights and renege on your obligations under Convention 87.
The United Nations High Commissioner for Human Rights on the situation of humanrights in the Philippines has recently warned your government against adopting newlaws aimed at countering terrorism, which risk eroding constitutional and other legal
protections. The Commissioner recalled that “red-tagging” – or labelling individuals andgroups as communists or terrorists – has been a persistent and powerful threat to civilsociety and freedom of expression.
As we understand it, this law is awaiting your signature. Japanese Trade Union
Confederation urge you to veto the Bills in their current form. Anti-terrorism legislation
as such should be deliberated in full compliance with the Philippines’ obligations underConvention 87 and other international human rights obligations through tripartite andwide public consultations.
Sincerely yours,

Rikio KOZUPresident

cc:Alan Peter Cayetano
House Speaker
Email : Alanpeter.cayetano@house.gov.phVicente C. Sotto III
Senate President
Email : Os_sotto@yahoo.com
Hon. Menardo I. Guevarra
Secretary
Department of Justiceosecmig@gmail.com
Hon. Silvestre H. Bello III
Secretary, Department of Labor and Employment
Email : secshb3@dole.gov.ph, osec@gov.ph