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- 564. The International Union of Food and Allied Workers' Associations (IUF)
- presented allegations of violations of trade union rights against the
- Government of the Philippines in a communication dated 12 October 1987. It
- presented further information in letters of 5 April and 20 September 1988. The
- Government supplied its observations on the allegations in communications of
- 14 April and 13 May 1988.
- 565. The Philippines have ratified the Freedom of Association and
- Protection of the Right to Organise Convention, 1948 (No. 87), the Right to
- Organise and Collective Bargaining Convention, 1949 (No. 98) and the Rural
- Workers' Organisations Convention, 1975 (No. 141).
A. The complainant's allegations
A. The complainant's allegations- 566. In its communication of 12 October 1987, the IUF alleges that, on 4
- July 1987, Mr. Amado Cayao, chapter president of the IUF's local affiliate,
- the National Federation of Sugar Workers - Food and General Trades (NFSW-FGT),
- was murdered near his home. It claims that this assassination is a part of the
- continuing violence, intimidation and harassment exercised against members and
- officials of the NFSW-FGT, apparently by units of the Philippine armed forces
- and various para-military organisations.
- 567. The IUF supplies a report prepared by its affiliate describing
- repression of rural workers on Negros Island. According to this document,
- three workers, active NFSW-FGT organisers in Northern Negros were ruthlessly
- killed by armed groups believed to be supported by some miller-planters and
- the military. Those murdered were: Uldarico Antojado, Anecito Emalay and
- Moreto Pastidio. Messrs. Antojado and Emalay were leaders of the 17-day strike
- in April 1986 and the former was allegedly picked up by several armed men; his
- mutilated corpse was later found in a sugarcane field. Mr. Emalay was
- allegedly attacked and shot dead in front of several passengers when riding a
- bus to San Carlos City. Mr. Pastidio was allegedly killed by members of an
- armed band for no reason other than belonging to the NFSW-FGT.
- 568. According to the document, despite eye-witness accounts, the armed
- groups responsible for these 1986 killings remain free and terrorise organised
- sugar workers with impunity. It claims that the current Government's
- enunciation of human rights as a cornerstone of social policy has not affected
- the Philippine countryside. In Negros, organised workers who criticise the
- unjust social structures and political repression are branded as communists
- and suffer other adverse propaganda, notably from the landlords. The document
- lists brutalities suffered in 1987 by other NFSW-FGT members: Rodrigo
- Villacuatro was killed by members of the armed independent groups operating in
- the Toboso region; in February three further members in the towns of Sitio,
- Hilumunan and Kabankalan were detained without charges by the 7th Infantry
- Battalion; in April 12 members were arbitraily arrested by the 11th Infantry
- Battalion in connection with a guerilla ambush of government troops and were
- released the next day after interrogation; on 17 May two organisers, Francisco
- and Joseph Guillermo, suffered serious gunshot wounds when walking home in a
- sugar field in Magalona town; on 28 May nine members (Jesus Quanteros,
- Narciso Malalay, Marly Malalay, Wilfredo Baruca, Nerissa Bautista, Carmen
- Malalay all from the Longga plantation, and Leopoldo Oliveras, Mondejar
- Dominado and Mr. Antonio from the Mandaya plantation) were arrested and
- detained by the 11th Infantry Battalion in Canlaon City on suspicion of being
- members of the New Peoples Army (NPA) and all except Nerissa Bautista (12
- years old, detained at La Castellana to do household chores for the soldiers)
- were subsequently released; on 3 June four members (Persie Moyong, Emmanuel
- Genoves, Edgar Ostan and Eduardo Ostan Snr.) were arrested by the 11th
- Battalion in Camansi and all except Mr. Genoves were released after an
- intervention by the NFSW lawyer with the battalion commander; on 22 June Mrs.
- Prima Balaud, widow of union organiser Tito Balaud, and four other NFSW
- members (Belinda Balaud, Mariano Yunson, Arguiles Yunson and Rebecca Yunson)
- were arrested by the 7th Infantry Battalion and later released after
- interrogation on condition that they report weekly to the detachment at
- Kabankalan; on 25 June the union Vice-President Romeo Bulina and four other
- union officers (Romeo Tenessa, Rod Tenessa, Clarita Salde and Joel Estrella)
- were roused from their sleep by soldiers accusing them of being rebel
- supporters and are still in military detention; on 28 June three members
- (Arturo Mandiruya, Ruby Sanse and Virgilio Sardon) were held briefly by the
- 6th Infantry Battalion in Isabela town. It gives details of the slaying on 4
- July of chapter president Amado Cayao whose body was found riddled with
- bullets beside a canefield near his house. Eye witnesses allegedly saw eight
- armed men in camouflaged uniforms strafing nearby workers' houses.
- 569. The document also describes harassment of rural workers over the same
- period in an effort to coerce them not to join the NFSW. It claims that in
- negotiations with government and military representatives over violence on
- Negros Island, the issue of human rights violations was diverted by the
- military who referred to anti-communist and anti-insurgency measures.
- 570. The complainant also attaches a list entitled "Victims of military
- operations" detailing physical damage to residents and their property
- (particularly burning and strafing of their houses and theft of water buffalos
- and livestock) in the following townships: Binalbagan, Himamaylan, La
- Castellana, La Carlota City and Pontevedra.
- 571. In its communication of 5 April 1988, the IUF alleges further
- repression in January and February 1988 of members of its affiliated union,
- the NFSW-FGT: Carmelina Cornelio of New Escalante was harassed and strafed by
- police on 6 January. In addition it states that 32 named persons were
- arbitrarily arrested and/or detained by police detachments (see Annex).
- 572. In its letter of 20 September 1988, the IUF alleges that on 3 July
- 1988 José "Joe" Tampinco, member of the executive board and head of the
- education committee of the NFSW, was murdered while participating at a
- gathering in Bacolod. It expresses its serious concern at the deterioration
- of the situation in the Philippines and states that the Government is unable
- to comply with Conventions Nos. 87 and 98 which it has ratified. Newspaper
- clippings attached to the letter report that Mr. Tampinco was gunned down by
- suspected New People's Army "Sparrow" gunmen.
- B. The Government's reply
- 573. In its letter of 14 April 1988, the Government states that the
- Department of Labor and Employment has inquired into the specific cases of
- human rights violations presented by the IUF, but had some difficulties in
- securing information from the various agencies involved because of ongoing
- reorganisation within the military and the Government itself.
- 574. It states that the Philippines Commission on Human Rights had received
- complaints from only two of the alleged victims mentioned in the NFSW-FGT
- document, namely Aldarico Antojado and Mrs. Balaud. The former's case has been
- evaluated by the Commission and a formal complaint is now pending before the
- regional trial court of San Carlos City. The military personnel allegedly
- involved in the case of Mrs. Balaud have already been identified and placed
- under restrictions at the Philippine constabulary headquarters in Camp
- Delgado, Iloilo City for investigation and appropriate legal action that may
- result therefrom. The cases of the other victims, in particular the alleged
- murder of Amado Cayao, whose lawyers or family did not file any formal
- complaints are none the less being investigated by the Commission's regional
- office. There are about 30 cases from Negros Occidental docketed in the
- Philippines Commission on Human Rights concerning alleged human rights
- violations of farm workers in the areas of Kabankalan, Himamaylan, La
- Castellana, La Carlota City, Pontevedra and Binalbagan; but the names of the
- complainants are not those listed in the present case, or similar to them.
- These cases are being investigated by the Commission.
- 575. The Government states that it has instructed the Labor Department's
- regional office (which has jurisdiction over the area where the alleged
- killings and harassment took place) to conduct its own investigation into the
- NFSW-FGT report. It is now in the process of gathering documentary evidence
- that would clarify the matter. Initial reactions received from the Philippine
- Constabulary provincial command indicate that some of the NFSW officers and
- members are involved in insurgency activities. It has been alleged that some
- are not only sympathisers but are party members of the Communist Party of the
- Philippines. The Government also undertakes to raise the specific complaints
- during the dialogue with the military provincial commanders in the affected
- areas. These complaints will also be placed on the agenda of the Regional
- Labor-Management Council meeting in the affected areas.
- 576. The alleged involvement of armed groups or the so-called "vigilantes"
- is likewise being investigated. According to the Government, there has been
- an alarming increase in the number of insurgent, terrorist-instigated violent
- incidents which have caused the spontaneous proliferation of civilian
- volunteer organisations for community self-defence against criminals and other
- lawless elements. In order that respect for the law and human rights is
- observed by these volunteer organisations, guide-lines on their formation and
- functions were issued on 30 October 1987. The guide-lines provide, inter alia
- that: (1) that volunteer organisations shall exclusively be for self-defence
- and protection; (2) membership shall be purely on a voluntary basis and
- thoroughly screened to eliminate criminal elements; (3) such organisations
- shall not engage in any activity contrary to the law and any member who
- commits any offence punishable by law shall be prosecuted accordingly. They
- are also not allowed to operate against any threatening group except in the
- exercise of the right of self-defence. A monitoring mechanism has likewise
- been set up so that the guide-lines and safeguards can be carried out.
- According to the Government, the guide-lines seek to ensure that civilian
- volunteer self-defence organisations do not commit any abuses and that victims
- or complainants will receive justice and the abusers be investigated and
- charged in court when warranted. The Government supplies a copy of the
- guide-lines.
- 577. The Department of Labor and Employment is now co-ordinating with the
- Department of National Defence, the Department of Local Governments and
- Community Development, and the relevant units in the military regarding the
- alleged detention, harassment and disappearance of the other persons named in
- the complaint. It will inform the Committee of developments in this matter.
- 578. The Government stresses that it is committed to improve the lot of
- workers and to protect and uphold their rights to self-organisation and
- collective bargaining. It explains that the Philippines Constitution of 1986,
- which was ratified by 70 per cent of the Filipino people, expressly afforded
- full protection to labour, local and overseas, organised and unorganised. It
- points out that even before the promulgation of the said Constitution,
- President Aquino issued Executive Order No. 111 which amended or repealed
- provisions of the Labour Code that tended to repress the rights of workers and
- their trade unions. A review of the labour laws is currently being conducted
- so as to align them with the mandate of the new Constitution and the aims of
- government programmes to promote the economic and social well-being of the
- people.
- 579. In conclusion, the Government states that it is likewise committed to
- upholding and respecting civil liberties and human rights. For example,
- barely a month after the installation of the new Government in 1986, the
- Presidential Committee on Human Rights was created. The Committee was
- mandated to investigate cases of unexplained or forced disappearances,
- extra-judicial killings, massacres, torture, food blockades and other
- violations of human rights, as well as to propose procedures and safeguards to
- ensure that human rights are not violated by officers or agents of the
- Government or by persons acting on their behalf or under their orders. The
- 1986 Constitution created an independent constitutional office called the
- Commission on Human Rights (CHR) to investigate, on its own initiative or on
- complaint by any party, all aspects of human rights. The Government supplies
- a copy of sections 17 to 19 of the Constitution describing the CHR. The
- Government reiterates its adherence to the principle of free trade unionism
- and its commitment to protect and uphold workers' rights. It observes that it
- has taken the country two years to establish the institutions of democracy: a
- President, a Supreme Court and Congress and states that it will take several
- more years to restore democracy in every Filipino's way of life.
- 580. The Government's communication of 13 May 1988 advises that according
- to the records of the CHR neither the NFSW nor the relatives of Amado Cayao
- has filed any complaint against the alleged perpetrators of his murder from
- the military ranks. Notwithstanding this, the Commission has on its own accord
- conducted an investigation into this case. The Department of Labor is
- co-ordinating closely with this body and has also requested the military
- commander of Bacolod Province to inquire into the same case. It undertakes to
- inform the Committee of the outcome of these investigations as soon as these
- are available.
C. The Committee's conclusions
C. The Committee's conclusions
- 581. The Committee notes that this case involves serious allegations of
- military or para-military repression of members of the complainant's local
- affiliate in their efforts to function in Negros province. These allegations
- include: (1) violent murders of union leaders and unionists (in 1986 Uldarico
- Antojado, Anecito Emalay, Moreto Pastidio; in 1987 Rodrigo Villacuatro and
- Amado Cayao; in 1988 José "Joe" Tampinco); (2) woundings (on 17 May 1987
- Francisco and Joseph Guillermo); (3) arbitrary arrests and detentions (Jesus
- Quanteros, Narciso Malalay, Marly Malalay, Wilfredo Baruca, Nerissa Bautista,
- Carmen Malalay, Leopoldo Oliveras, Mondejar Dominado, Mr. Antonio, Perse
- Moyang, Emmanuel Genoves, Edgar Ostan, Eduardo Ostan Sr., Prima Balaud,
- Belinda Balaud, Mariano Yunson, Arguiles Yunson, Rebecca Yunson, Romeo
- Bulina, Romeo Tenessa, Rod Tenessa, Clarita Salde, Joel Estrella, Arturo
- Mandiruya, Ruby Sanse, Virgilio Sardon), seven of whom remain in detention
- (12-year-old Nerissa Bautista, Emmanuel Genoves, Romeo Bulina, Romeo and Rod
- Teressa, Clarita Salde, Joel Estrella).
- 582. There are also allegations concerning destruction of or damage to
- rural workers' houses and household property and arbitrary arrests and
- detentions of 32 persons connected to the NFSW-FGT without specifying if these
- acts were related to trade union activities.
- 583. The Committee's first observation is that the Government's reply
- itself indicates that, in some cases, the arrests of NFSW officers and members
- had nothing to do with their trade union functions, but were linked to alleged
- insurgency activities and membership of banned rebel or political
- organisations. Allegations of such a nature do not fall within the competence
- of the Committee (Digest of decisions and principles of the Freedom of
- Association Committee, 1985, para. 201.) On the other hand, the Committee
- has always been careful in such situations to note that measures which
- although of a political nature and not intended to restrict trade union rights
- as such may, nevertheless, be applied in such a manner as to affect the
- exercise of such rights (Digest, para. 197). The Committee would therefore
- request more details from the Government as to the reasons for the arrests of
- the persons listed by the complainant and the specific charges laid against
- the seven who remain in detention.
- 584. The Committee welcomes the fact that an independent, high-level body -
- the Philippines Commission on Human Rights (CHR) - is investigating the cases
- of human rights violations alleged in the complaint, in particular the murder
- of Amado Cayao. The Committee notes in this connection that two of the events
- listed by the complainant had already been the subject of inquiry by the CHR,
- leading in the case of Mr. Antojado's death, to a trial before the San Carlos
- City court and, in the case of Ms. Balaud's arrest, to charges against certain
- military personnel. The Committee looks forward to receiving from the
- Government the final court decisions in the Antojado and Balaud cases, as well
- as information on developments in the CHR's own inquiries into the NFSW-FGT's
- allegations of deaths, woundings and arbitrary arrests and detentions of union
- officials and members in Negros Province.
- 585. At the same time, the Committee would appreciate receiving
- clarification from the Government as to the CHR's proceedings and
- effectiveness. For example, it is clear from the Constitution that the CHR
- can request assistance from any department or agency in the performance of its
- functions, but there is no explanation of its relationship to the National
- Bureau of Investigation and the ordinary criminal or military courts, or
- whether police investigations are suspended during the CHR's inquiries. The
- Committee would recall in this connection that detained trade unionists, like
- anyone else, should benefit from normal judicial proceedings and have the
- right to due process, in particular, the right to be informed of the charges
- brought against them, the right to have adequate time and facilities for the
- preparation of their defence and to communicate freely with counsel of their
- own choosing and the right to a prompt trial by an impartial and independent
- judicial authority (Digest, para. 110), the Committee has in fact emphasised
- the importance of prompt and fair trial by an independent and impartial
- judiciary in all cases, including cases where trade unionists are charged with
- political or criminal offences which the Government might consider as having
- no relation to their trade union functions. (Digest, para. 113.)
- 586. As regards the alleged role of vigilante groups in the harassment and
- repression of trade unionists in rural areas of Negros Province, the Committee
- takes note of the Government's detailed guide-lines issued in October 1987 in
- an effort to limit their activities to non-aggressive self-defence and to
- avoid lawlessness. From the copy of the guide-lines supplied, it appears that,
- in addition to a regular monthly report to the Armed Forces Chief of Staff
- listing the leaders, locations and firearms-carrying members of such groups,
- there is an Inter-Agency Subcommittee having regional monitoring subcommittees
- which can investigate complaints against abuses by such groups. The
- Government's reply is silent as to whether any of the incidents detailed by
- the complainant have been reported to this supervisory body, but refers to
- co-ordinated inquiries by the Departments of Labor and Employment, National
- Defence, Local Governments and Community Development and the relevant units of
- the military. The Committee requests the Government to inform it of the
- outcome of these inquiries, including details as to whether members of
- civilian volunteer self-defence groups are in fact identified as perpetrators
- of the violence to persons and to property in Negros Province as listed by the
- complainant, as well as details on any charges brought and trials completed.
- 587. The Committee takes due note of the Government's commitment to the
- protection of workers' rights and trusts that it is this spirit which will
- ensure timely and fair investigations by all parties concerned into the
- complainant's allegations so that the Committee will have full particulars
- before it to allow a thorough examination of the case.
The Committee's recommendations
The Committee's recommendations
- 588. In the light of its foregoing interim conclusions, the Committee
- invites the Governing Body to approve the following recommendations:
- a) As regards the murders, woundings and arbitrary arrests and detentions
- allegedly perpetrated by the military against trade union leaders and members
- in rural areas of Negros Province, the Committee requests the Government to
- inform it of the outcome of the trials in the Antojado and Balaud cases, as
- well as of the results of the Philippines Commission on Human
- Rights'investigations into the other incidents listed by the complainant;
- moreover, the Committee requests the Government to provide more details on the
- reasons for the arrests of the persons listed by the complainant and the
- specific charges laid against the seven who remain in detention.
- b) It requests the Government to supply its observations on the
- complainant's most recent allegation of the murder of a trade union leader on
- 3 July 1988 in Bacolod, during a union gathering.
- c) As regards the violent harassment allegedly perpetrated by para-military
- groups in these rural areas, the Committee requests the Government to supply
- information on the co-ordinated inquiries by various government departments
- and the military into this allegation, including any use made of the
- monitoring provisions of the guide-lines on civilian volunteer self-defence
- groups in this connection.
- d) More generally, the Committee requests the Government to clarify the
- proceedings of the recently established Philippines Commission on Human Rights
- and on the follow-up procedures.
Z. ANNEX
Z. ANNEX
- ALLEGATIONS CONCERNING POLICE ARRESTS AND DETENTIONS IN JANUARY AND
- FEBRUARY 1988
- 1 Martin Monarca, Consuelo, La Carlota City (released 14.11988)
- 2 Rolando Villamor, Sitio Biernesan, Pinapugasan, New Escalante.
- 3 Perlito Mahilom, Sitio Biernesan, Pinapugasan, New Escalante.
- 4 Audie Velasco, Maria Jose Farm, Magalona (released 12.1.1988).
- 5 Edwin Bargamento, Emma Farm, Manapla (released 12.1.1988).
- 6 Bienvenido Sagal, Sitio Biernesan, Pinapugasan, New Escalante.
- 7 Larry Durimon, Sitio Biernesan, Pinapugasan, New Escalante.
- 8 Dionesio Guinsatao, Pontevedra (missing as of 13.2.1988).
- 9 Romulo Lauriano.
- 10 Edwin Jacosalem.
- 11 Joseph Bentic.
- 12 Fred Guillema.
- 13 Belle Meniale.
- 14 Agustin Jovenes.(released on 29.1.1988)
- 15 Willy Alcantara.
- 16 Rene Pelayo.
- 17 Rodrigo Aquino.
- 18 Francisco Alcantara.
- 19 Salvador Piorato.
- 20 Eugene Lachica.
- 21 Romeo Eder.
- 22 Cresenciano Palermo.
- 23 Roberto Apuhen, Benitin Farm Murcia.
- 24 Alan Aligno.
- 25 Linda Sotomayor.
- 26 Henry Norbes.
- 27 Carlito Norbes.
- 28 Rodolfo Samson.
- 29 Nilo Dayapan.
- 30 Daniel Dayapan.
- 32 Pedrico Topic (released 5.2.1988).
