Report in which the committee requests to be kept informed of development - Report No 246, November 1986

Case No 1353 (Philippines) - Complaint date: 01-OCT-85 - Closed

1. 184. the Kilusang Mayo Uno (KMU) presented a complaint of violations of trade union rights in a communication dated 1 October 1985. The International Union of Food and Allied Workers' Associations (IUF) presented a complaint concerning the same incident in a letter dated 19 February 1986, on behalf of its affiliate, the National Federation of Sugar Workers. The Government sent its observations in communications dated 28 April and 22 September 1986.
2. 185. The Philippines have ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87) and the Right to Organise and Collective Bargaining Convention, 1949 (No.98).

A. The complainants' allegations

1. 186. The KMU, in its communication of 1 October 1985, alleges that, on 20 September 1985 at Escalante Town, Negros province, several sugar workers, members of the National Federation of Sugar Workers, were gunned down by the para-military unit of the Armed Forces. It alleges that 17 were killed, 30 wounded and 197 missing. It states that they had been exercising their constitutional rights to free speech, peaceful assembly, freedom of association and the right to strike in connection with demands presented to the employer for free rice subsidies, increased wages, etc. According to the KMU, at the time of the shooting the workers were conducting a peaceful picketline.
2. 187. According to a report compiled by trade union lawyers who visited Escalante on a fact-finding mission five days after the killings, on 18 September about 5,000 people (including sugar workers, students, vendors and others) staged a noise barrage in the town centre; this was followed the next day by human barricades being set up in front of the public market and at the entrance to the Municipal Plaza. Eye-witness accounts stressed that these barricades only occupied one lane and did not obstruct the free flow of traffic. On 20 September a police car went to the barricades and invited the leaders to a negotiation conference in the Municipal Building; the leaders sensed that something was wrong and requested that negotiations be conducted at the barricade centres; the police left and did not return. That afternoon fire-trucks bombarded the protestors with high-pressure water, including water containing chemicals, and teargas canisters. When some protestors threw back some of the canisters, not at the fire-trucks, but into the empty plaza, para-military units of the Civilian Home Defence Forces (OHDF) opened fire. As moat protestors were lying down on the road, they were shot in the back or side; there appeared to have been a machine gun posted in the tower of the Municipal Hall. After the protestors had dispersed in panic towards the cane fields or canals the military and para-military cordoned off the area and ordered on-lookers to bring the wounded to nearby hospitals.
3. 188. This report lists the names and medical findings of 18 protestors who were killed: Rowena Franco, Clara F. Monares, Maria Luz Mondejar, Juvelyn Jarbilo, Rogelio, Michael Dayanan, Jahnny Suarez, Loloy Tan, William Alegre, Alex Lobatos, Edgardo Osalili, Nenita Orot, Ronilo Sta. Ana, Angelina Lape, Manuel Tan, Cesar Tejones, Norberto Locanilao and Rodolfo Montealto. It also gives the names and injuries suffered by 23 injured protestors: in Magdalene Hospital Lucia Ravanes, Eliza Zaraga, Henry Bernal, Felix Almoros, Nelson Cabahug, Celso Seborado, Joel Guiameo, Nono Jarabello, Leones Luvina, Eduardo Latoza, Julio Iwayon, Renato Saratobias; in Hinolan Clinic Virginita Mabuyao, Ernesto Caro, Nelly Artigo, Renato Tapel, Magdalene Hemolas; in Lopez District Foundation Hospital Hermogenes Elias, Alejandro Bucabal, Abundia Caraat, Federico Dogomeo, Globen Gabrido and Luzinda Genola.
4. 189. The IUF, in its communication of 19 February 1986, describes the same incident of 20 September 1985 in Escalante, alleging that during the peaceful strike by sugar workers they were fired on by Filipino authorities and 27 workers were killed. From press clippings supplied with this complaint it appears that 17 of the 27 killed were members of the National Federation of Sugar Workers.

B. The Government's reply

1. 190. In its communication of 28 April 1986, the Government states that recent political developments have resulted in a complete change of government in the Philippines. It states that the promotion of human rights, social justice and improved working and living conditions shall remain the paramount objectives in the field of labour and employment. The President of the Republic has pledged the administration's dedication towards improving the workers' condition, and reforms aimed at restoring the once restricted rights of workers and trade unions are imminent.
2. 191. As regards the present case in particular, the Government states that the Defence Minister's Fact-Finding Committee produced two reports, the minority report recommending the inclusion in the charge-sheet of several civilian authorities, as well as high-ranking military personnel who had been excluded from the majority report's list of indictable persons. It states that Ombudsman Justice Raul Gonzales has disclosed that he has already requested the President and Defence Minister for an evaluation of the case. He said that he will move for the prosecution of the accused before the civil courts if the military courts will not handle the case, adding that deposed President Marcos had waived jurisdiction of the military courts over the case.
3. 192. In its subsequent communication of 22 September, the Government adds that the office of the Tanodbayan (Ombudsman) is conducting investigations preliminary to the filing of formal charges against persons responsible for the Escalante massacre, and states that the investigation will rely substantially on the majority and minority reports (which it encloses) of the Fact-Finding Committee created earlier to probe the incident.
4. 193. The Government goes on to say that prosecution is also expected to move at a faster pace now that more witnesses have signified willingness to testify in contrast to the general reluctance generated by fear during the previous administration. It points out that those recommended for prosecution have been relieved of official functions, confined to barracks or otherwise accounted for.

C. The Committee's conclusions

1. 194. The Committee takes note with interest of the information communicated by the Government, and in particular of its statement that, following the complete change of government, the promotion of human rights, social justice and improved working and living conditions shall remain the paramount objective in the field of labour; and that the President of the Republic has pledged the administration's dedication towards, inter alia, the restoration, as soon as possible, of the once restricted rights of workers and the trade union movements. Noting that implementation of this pledge should involve legislative changes, it draws this aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
2. 195. The Committee has also noted the information concerning the inquiries being conducted preliminary to the filing of charges against persons responsible for the Escalante massacre, and that such prosecutions are likely to move at a faster pace than under the previous administration. It requests the Government to keep it informed of further developments in this matter and, in particular, to provide it as early as possible with information relating to the trial of persons alleged to be responsible.

The Committee's recommendations

1. 196. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions:
   • (a) the Committee notes with interest the Government's statement that it will ensure that human and trade union rights will be restored in the country;
   • (b) the Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the pledge by the President of the Republic of the administration's dedication towards, inter alia, the restoration, as soon as possible, of the now restricted rights of workers and the trade union movements;
   • (c) the Committee requests the Government to keep it informed of further developments concerning the investigation related to the Escalante massacre and, in particular, to provide it as early as possible with information relating to the trial of persons alleged to be responsible.