Interim Report - Report No 405, March 2024

Case No 3185 (Philippines) - Complaint date: 05-FEB-16 - Active

Allegations: The complainant organizations allege a labour rights situation in the country, characterized by numerous incidents of extra-judicial killings of trade union leaders and members, attempted assassinations, illegal arrests and detention, red-tagging, harassment, intimidation and threats against unionists, as well as trade union repression and intervention in union affairs. The complainants denounce the Government’s failure to adequately investigate these cases and bring the perpetrators to justice, reinforcing the climate of impunity, violence and insecurity with its damaging effect on the exercise of trade union rights

1. 477. The Committee last examined this case (submitted in February 2016) at its March 2023 meeting, when it presented an interim report to the Governing Body [see 401st Report, paras 639–671, approved by the Governing Body at its 347th Session]. 
2. 478. The Government provided its observations in two communications dated 1 September 2023 and 8 January 2024.
3. 479. The Philippines has 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. Previous examination of the case

1. 480. At its March 2023 meeting, the Committee made the following recommendations [see 401st Report, para. 671]:
   • (a) Recalling that the murders of Antonio “Dodong” Petalcorin, Emilio Rivera and Kagi  Alimudin Lucman took place in 2013 and that the Government has indicated that they were, or continue to be, investigated through the regular processes of criminal investigation and prosecution, the Committee must once again express its firm expectation that the perpetrators in the mentioned cases will be brought to trial and convicted without further delay, so as to avoid impunity for these serious crimes. The Committee urges the Government to continue to make every effort in this regard and to keep it informed of any progress made.
   • (b) With regard to the allegations of trade union repression reported by the ITF, the UMA and the NFSW-FGT in March and June 2021 (allegations of extra-judicial killings, illegal arrests, detention, false criminal charges, intimidation, harassment, red-tagging and threats against trade union members and leaders), the Committee firmly expects the ongoing investigations and judicial proceedings to give full consideration to any possible direct or indirect relation that the violent acts may have with trade union activities of the victims. The Committee firmly expects the Government to prioritize investigations into all of the serious incidents and the perpetrators of violence against trade unionists to be identified and brought to justice, irrespective of whether they are private persons or state agents, so as to combat impunity and prevent the repetition of such acts. The Committee urges the Government to provide updated information on any progress made, including in relation to the alleged extra-judicial killing of Jose Jerry Catalogo and Antonio “Cano” Arellano, for which the Government has not yet provided any details.
   • (c) The Committee urges the Government to take the necessary measures to ensure that all alleged instances of killings and attempted killings reported by the complainants in September 2021 are fully investigated by an independent mechanism so as to identify and punish the perpetrators and to report on the progress made in this regard. Observing that no information was provided in relation to the incidents concerning the killing of Danny Boy Bautista and Reynaldo Malaborbor, the Committee urges the Government to provide details on any measures taken to address and investigate these incidents.
   • (d) The Committee urges the Government to provide detailed and concrete observations on the serious additional allegations of trade union repression and criminalization of trade union activities reported by the KMU in September 2021. The Committee urges the Government to ensure that all alleged instances of physical violence, arrests, detention, threats and intimidation are rapidly and thoroughly investigated and perpetrators of violence against unionists identified and brought to justice, including when they are state agents, so as to combat impunity and prevent the repetition of such acts.
   • (e) The Committee urges the Government to ensure that any pending criminal charges are dropped and any detained trade unionists immediately released, should their arrest or detention be connected to the legitimate exercise of their trade union rights.
   • (f) The Committee also urges the Government to take the necessary measures to address the alleged coercion of trade unionists to withdraw their union membership, so as to prevent the repetition of such incidents, and to ensure that workers’ strikes, as long as they remain peaceful, are not met with disproportionate use of force by the police or the military.
   • (g) Finally, emphasizing the Government’s responsibility with regard to investigations into allegations of violence against workers who are organizing or otherwise defending workers’ interests, the Committee urges the Government to do everything in its power, including through direct, genuine and constructive engagement with labour organizations, to adequately address and remedy the extremely serious allegations that trade union violence and repression are conducted in the framework of a state-sponsored scheme to silence legitimate trade unions, allegations which, if found to be true, would seriously hinder the development of a genuine trade union movement in the country. In this respect, the Committee urges the Government to reinforce its efforts in combating violence against trade unionists by designing and implementing any necessary measures to this effect, including clear guidance and instructions to all state officials and full operationalization of national monitoring and investigative mechanisms, so as to prevent recurring incidents of violence against trade union members and leaders and to ensure that they are not indiscriminately linked to insurgency or other paramilitary groups, considering the stigmatizing effect this may have on the exercise of legitimate trade union activities.
   • (h) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgency of this case.

B. The Government’s reply

1. 481. In its communications dated 1 September 2023 and 8 January 2024, the Government provides information on the investigation of the murders of Mr Antonio “Dodong” Petalcorin, Mr Emilio Rivera and Mr Kagi Alimudin Lucman, which were at the origin of this case. It also responds to the additional allegations made by the International Transport Workers’ Federation (ITF), the Federation of Agricultural Workers Philippines (UMA), the National Federation of Sugar Workers – Food and General Trade (NFSW–FGT) and the Kilusang Mayo Uno (KMU) in 2021, and provides information regarding the investigation of some the reported incidents.
2. 482. As regards the murders of Mr Antonio “Dodong” Petalcorin, Mr Emilio Rivera and Mr Kagi Alimudin Lucman, the Government indicates that they were not classified as extrajudicial killings by the Inter-Agency Committee (IAC) under Administrative Order No. 35. It states, however, that those cases are being continuously addressed by national authorities.
3. 483. Concerning Mr Petalcorin and Mr Rivera, the Government indicates that separate criminal charges for their killings were filed with regular courts; that arrest warrants were issued against the suspects; and that the Talomo Police Station and the Davao City Police Office attempted to coordinate with other law enforcement units to apprehend them. However, as the suspects have remained at large, the courts archived the cases, without prejudice to the possibility of reopening them should new developments arise.
4. 484. Concerning Mr Lucman, the Government states that the police investigation is ongoing, and that the Department of Labor and Employment (DOLE) has facilitated coordination with the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), to which territorial authority over the case was transferred on 15 December 2020. It indicates, however, that the investigation is confronted with a lack of material witnesses and the difficulty of contacting the victim’s family, who migrated to an undisclosed location since the incident.
5. 485. The Government further indicates that the Commission on Human Rights (CHR), which has also investigated those allegations in its role as an independent, constitutionally mandated body to inquire into alleged human rights violations: (i) made no determination as to whether the killings of Mr Petalcorin and Mr Rivera were connected with their trade union membership or activities, but continues to monitor those cases; and (ii) decided to close the case of Mr Lucman on 25 January 2023, as no interested party was pursuing it and the police had no clear leads as to the assailants.
6. 486. The Government states that it is committed to continuing to make every effort to bring the perpetrators of these incidents to justice, as it actively implements mechanisms and policies to monitor alleged violations of freedom of association, expedite the service of arrest warrants, and improve case build-up with a view to ensuring conviction. The Government also points out, however, that factors beyond its control can affect the progress of the cases, referring in particular to the significant time elapsed since the incidents and the victims’ families’ reluctance in pursuing the cases or cooperating with the investigation.
7. 487. With respect to the allegations presented by the ITF on 2 March 2021, by the UMA and the NFSW–FGT on 22 June 2021, and by the KMU on 1 September 2021, the Government argues that they should have been deemed inadmissible, as the complainants had the burden of providing satisfactory evidence to support them, and failed to prove that specific infringements of trade union rights had been committed. The Government also reiterates that they concern incidents which are distinct from those initially submitted in this case and should not be examined as part of it.
8. 488. In the Government’s view, these additional allegations do not genuinely arise from or relate to the exercise of freedom of association and the right to organize. It affirms that while the Committee’s competence is limited to examining specific allegations concerning these topics, it has observed a tendency to include common crimes or incidents of violence or harassment where trade unionists were not specifically targeted.
9. 489. With regard to the ten alleged incidents of extrajudicial killings reported by the ITF, the UMA and the NFSW–FGT, the Government indicates that they are under monitoring by the Regional Tripartite Monitoring Bodies (RTMBs). It informs that seven of these incidents (those concerning Mr Leonardo Escala, Mr Alexander Ceballos, Ms Flora Gemola, Mr Ronald Manlanat, Mr Felipe Dacal-Dacal, Mr Jose Jerry Catalogo and Mr Antonio “Cano” Arellano) are under police investigation.
10. 490. The Government states that the lack of material witnesses and the disinterest or unwillingness of the victims’ families to cooperate with the police continue to hamper these investigations. It indicates, however, that in the cases of Mr Ceballos, Ms Gemola, Mr Manlanat and Mr Arellano, the investigation has revealed that the possible motive for the killing was the victim’s involvement in a land dispute, and that the killing of Mr Arellano could be an act of retaliation by the New People’s Army.
11. 491. The Government also states that for the other three incidents (those concerning Mr Ariel Diaz, Mr Julius Broce Barellano and the nine farmers known as “Sagay 9”), criminal cases have been filed in court. It informs that: (i) in the case of Mr Barellano, a criminal trial for murder is ongoing; (ii) in the case Mr Diaz, the Philippines National Police (PNP) stated that the motive for the crime was a land dispute, and the Regional Trial Court of Cabagan ordered that an arrest warrant be issued and that the case be archived and revived once the accused is apprehended; and (iii) in the case of the Sagay 9 farmers, an arrest warrant is pending against two identified and several unidentified individuals, who remain at large.
12. 492. As regards the 13 alleged incidents of illegal arrests reported by the ITF, the UMA and the NFSW–FGT, the Government indicates that they are also under monitoring by the RTMBs, and that charges were filed in relation with some of them based on probable cause that a crime had been committed. The Government affirms, however, that none of these 13 incidents appear to have any connection with freedom of association, and that no arrest occurred because of membership in a trade union organization.
13. 493. The Government indicates in particular, on the basis of information obtained from the RTMB X, that: (i) Ms Julie Balvastamen and Ms Susanu Aguaron were placed under custody because they failed to present a valid identification card at a checkpoint during martial law in Mindanao; (ii) Mr Ricky Omandam and Mr Alfredo Omandam were arrested for illegal possession of explosives and ammunition, and sentenced to prison penalties on 10 October 2019 after pleading guilty to lesser offences; (iii) Ms Angelica Pavorada Regasajo was arrested for illegal possession of ammunition but the case against her was dismissed on 24 May 2021 for absence of evidence; (iv) Mr Ariel Ronido and Mr Edgardo Andales, who are both beneficiaries of the Government’s Comprehensive Local Integration Program (E-CLIP) voluntarily surrendered and reported to the Philippine Army assigned in Madaya for monitoring and evaluation, and were not detained; and (v) no incident involving six women members of OGYON was documented in relation to the exercise of the right to organize.
14. 494. The Government further indicates, on the basis of information obtained from the RTMB-VI, that: (i) Mr Ricky Cañete was arrested on charges of murder and frustrated murder, and his criminal trial is ongoing; (ii) Mr Edilberto Sangga was convicted for violating a gun ban imposed by the Commission on Elections; (iii) the eight members of the NFSW–Teatro Obrero were arrested for violating the Comprehensive Firearms and Ammunition Regulation Act, and the case is pending in court; (iv) the criminal cases against Mr John Milton Lozande and Mr Roberto Lachica for violating the Comprehensive Firearms and Ammunition Regulation Act were dismissed by the trial court on 24 March 2021 and 3 January 2020, respectively, and the complaint against Mr Lozande for violating the Expanded Anti-Trafficking in Persons Act was dismissed on 28 February 2020; (v) the criminal trial of Mr Danilo Tabura for violating the Comprehensive Firearms and Ammunition Regulation Act is ongoing; (vi) Mr Gaspar Davao is currently detained in Cadiz City for violating the Republic Act No. 9516 and his trial is ongoing, but the other case against him for violating the Republic Act No. 11332 was dismissed for insufficiency of evidence; (vii) the criminal trial of Ms Imelda Sultan for violating the Comprehensive Firearms and Ammunition Regulation Act and the Republic Act No. 9516 is ongoing; and (viii) arrest warrants have been issued against Mr Rene Manlangit and Mr Rogelio Arquillo Jr., who are accused of the murders of the Sagay 9 farmers in nine criminal cases.
15. 495. With respect to the alleged 21 incidents of harassment and labelling reported by the ITF, the UMA and the NFSW–FGT, the Government states that: (i) in the cases involving the Aidsisa Farmers and Farm Workers Association (AFFWA–NFSW) and the Hacienda San Herman Farm Workers Union–NFSW, the acts of harassment were intended to incite the farmers to withdraw their application for land reform coverage, and did not happen by reason of their union membership or activities; (ii) the Armed Forces of the Philippines (AFP) did not encamp near the residence of Mr Hasil Delima, but merely harboured in the area after a long combat operation; (iii) Mr Godfrey Palahang voluntarily surrendered to the Quezon Municipal Police Station on 7 April 2021, and was not forced to do so; (iv) a criminal case was filed against Mr Teddy Canillo in relation to an armed encounter with the Philippine Army which resulted in the death of a soldier and the wounding of several others, but the case was archived on 25 August 2020; (v) a criminal case for the violation of the Comprehensive Firearms and Ammunition Regulation Act was filed against Mr Jose Rex Escapalao, who was found guilty on 21 September 2021 and sentenced to prison; (vi) a criminal trial for usurpation of authority against Mr Ariel Casilao is ongoing; (vii) several members of UMA-Isabela voluntarily withdrew their membership from that union, and the Santa Maria Police Station and the Philippine Army did not receive any complaint against their personnel in this regard; and (viii) Mr Guillermo “Ka Gimo” Hernandez and the five members of the Kaisahan ng mga Manggagawang Bukid sa Batangas (KAISAHAN) filed a complaint for harassment in 2017.
16. 496. The Government also informs that, in relation to the cases involving Ms Theresa Aloquina, a member of the NFSW–FGT known as “Dingding”, Ms Rebecca Bucabal, Mr Tioliza lwayan, Ms Arjie Marangga, Ms Susan Pabalate, the members of the Pakigdaet sa Kalambuan  (PSK)–NFSW, the members of the PAMALAKAYA and NFSW–FGT, Ms Grace Parreno, Ms Anilyn Serrondo, Ms Chen-Chen Serrondo, Mr Joenel Timplado, and Mr Eulando Serrondo, and the 113 farmers from 28 farmers’ associations, the secretariat of the RTMB-VI tried to reach Mr Mario Tapi-on, chairperson of the NFSW, on five occasions to obtain information that could help in the investigations, but to no avail.
17. 497. As regards the allegations of trade union repression and criminalization of trade union activities reported by the KMU, the Government indicates that: (i) the case of Mr Dandy Miguel is under continuous follow-up investigation, but the victim’s wife refused to authorize the Regional Anti-Cybercrime Unit 4A to conduct digital forensic examination of the victim’s two cellphone units recovered from the crime scene; (ii) in the case of Mr Ariel Evangelista and Mr Chai Evangelista, the Department of Justice (DOJ) dismissed the murder complaint against the 17 police officers, and denied the motion for reconsideration filed by Mr Chai Evangelista’s mother, as it failed to offer sufficient evidence to prove conspiracy and the identity of the perpetrator; and (iii) in the case of Mr Emmanuel “Manny” Asuncion, the DOJ also dismissed the murder complaint against the 17 police officers on the ground of the complainant’s failure to discharge the obligation to prove the existence of a crime and identify the perpetrators thereof, so the records of the case were returned to the National Bureau of Investigation for the conduct of further investigations.
18. 498. The Government finally states that it does not condone any act of violence or intimidation against trade unions and their members, and remains committed to ensuring accountability and bringing perpetrators to justice. In this regard, it informs that Executive Order No. 23, which was issued on 30 April 2023, constituted an Inter-Agency Committee with a view to strengthening coordination among agencies, monitoring actions taken, and expediting the investigation, prosecution and resolution of cases related to freedom of association and the right to organize.
19. 499. The Government also indicates that it continued its discussions with the social partners on the adoption of a tripartite road map structured along the four areas of action identified by the 2019 Conference Committee on the Application of Standards, and that, on 23 August 2023, the National Tripartite Industrial Peace Council (NTIPC) convened to consider a draft road map. The Government further indicates that the DOLE, through a letter dated 19 July 2023, endorsed the allegations of extrajudicial killings and harassment which are the subject of the present case to the CHR for investigation and determination of possible human rights violations for the possible compensation of victims or their family.

C. The Committee’s conclusions

1. 500. The Committee recalls that the present case concerns allegations of a labour rights situation in the country, characterized by numerous incidents of extrajudicial killings of trade union leaders and members, attempted assassinations, illegal arrests and detention, red-tagging, harassment, intimidation and threats against unionists, as well as allegations of trade union repression and interference in union affairs, and the Government’s failure to adequately investigate these cases and bring the perpetrators to justice, reinforcing the climate of impunity, violence and insecurity and its damaging effect on the exercise of trade union rights.
2. 501. As regards the initial allegations presented by the National Confederation of Transport Workers’ Unions of the Philippines (NCTU), the Center of United and Progressive Workers of the Philippines (SENTRO) and the ITF, and the status of the cases concerning the murders of Mr Antonio “Dodong” Petalcorin and Mr Kagi Alimudin Lucman, leaders of the NCTU, and Mr Emilio Rivera, Chairperson of the Matina Aplaya Transport Cooperative (recommendation (a)), the Committee recalls that the murders took place in 2013 and that the Government has indicated on several occasions that they continue to be investigated through the regular processes of criminal investigation and prosecution, and that measures have been put in place to facilitate the tracking of suspects. The Committee notes the Government’s indication that: (i) in the cases concerning Mr Petalcorin and Mr Rivera, although criminal charges and arrest warrants were filed, and attempts were made to apprehend the suspects, they have remained at large, which led the courts to archive the cases, without prejudice to the possibility of reopening them in the event of new developments; (ii) in the case concerning Mr Lucman, the police investigation is still ongoing; (iii) the CHR has also investigated those allegations but made no determination as to whether the killings of Mr Petalcorin and Mr Rivera were connected with their trade union membership or activities, and decided to close the case of Mr Lucman due to the lack of leads and interested party to pursue it; and (iv) certain factors beyond the Government’s control, such as the significant time elapsed since the incidents and the reluctance of the victims’ families to cooperate with the investigations, have hindered the resolution of these cases. While taking due note of the above-mentioned constraints, the Committee deeply regrets the archiving of the cases involving Mr Petalcorin and Mr Rivera. The Committee once again firmly urges the Government to make every effort to bring to trial and convict the perpetrators of the three cases, and, should this no longer be possible with respect to the archiving of the cases of Mr Petalcorin and Mr Rivera, to engage with the trade unions concerned with a view to ensuring their full review by a specialized, eminent, independent non-judicial body for the consideration of any appropriate compensation. The Committee urges the Government to provide information on any progress made in this regard.
3. 502. The Committee notes that the Government raises objections concerning the admissibility of the additional allegations submitted in 2021 which were included in the case in the framework of its last two examinations by the Committee, stating that: (i) the complainants failed to provide satisfactory evidence that trade union rights had been violated; and (ii) although the Committee’s competence is limited to examining specific allegations concerning freedom of association and the right to organize, it has a tendency to examine incidents of violence and harassment in which trade unionists are not specifically targeted. In this regard, the Committee recalls that it is within the mandate of the Committee to examine whether, and to what extent, satisfactory evidence is presented to support allegations, and that this appreciation goes to the merits of the case and cannot support a finding of irreceivability [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 14]. It further recalls that within the terms of its mandate, the Committee is empowered to examine to what extent the exercise of trade union rights may be affected in cases of allegations of the infringement of civil liberties [see Compilation, para. 22].
4. 503. With respect to the allegations communicated by the ITF, the UMA and the NFSW–FGT in March and June 2021 (recommendation (b)), the Committee recalls that these refer to a policy of trade union repression and criminalization which has resulted in practice in serious violations of human and trade union rights, including 18 cases of extrajudicial killings of trade union members and leaders since 2016, illegal arrests, detention and false criminal charges against more than 100 workers, human rights activists and unionists, as well as numerous incidents of intimidation, harassment, red-tagging and threats against trade union members and leaders, most of which were characterized by some degree of involvement of state agents, in particular members of the police, the armed forces or other organizations under their control. Regarding the alleged extrajudicial killings, the Committee notes that the Government indicates that: (i) they are being monitored by the Regional Tripartite Monitoring Bodies (RTMBs); (ii) for seven of these incidents – the cases involving Mr Leonardo Escala, Mr Alexander Ceballos, Ms Flora Gemola, Mr Ronald Manlanat, Mr Felipe  Dacal-Dacal, Mr Jose Jerry Catalogo and Mr Antonio “Cano” Arellano – the investigation is ongoing, and for the other three incidents – the cases involving Mr Ariel Diaz, Mr Julius Broce Barellano and the nine farmers known as “Sagay 9” – criminal cases were brought before the courts; (iii) in the cases of Mr Diaz and the Sagay 9 farmers, arrest warrants have been issued but the suspects remain at large; and (iv) the motives for the killings of Mr Ceballos, Ms Gemola, Mr  Manlanat, Mr Arellano and Mr Diaz appear to be their involvement in a land dispute. Concerning the alleged illegal arrests, detention and false criminal charges, the Committee notes that the Government: (i) indicates that charges were filed in relation to most cases and that some of the accused individuals were convicted; and (ii) states that none of these incidents appear to have any connection with freedom of association. Regarding the alleged intimidation, harassment, red-tagging and threats, the Committee notes that the Government also provides its views on the incidents reported, which it considers happened for reasons which have nothing to do with trade union rights.
5. 504. Noting that none of the above-mentioned 18 cases of extrajudicial killings have been resolved, and that arrest warrants were issued with regard to only two of the ten reported incidents, the Committee recalls that it is important that investigations into the murders of trade unionists should yield concrete results in order to reliably determine the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future [see Compilation, para. 96]. Further noting the diverging opinions expressed by the complainants and by the Government regarding the anti-union nature of the other incidents reported by the ITF, the UMA and the NFSW–FGT, the Committee recalls that the mere absence of a labour dispute or trade union campaign does not necessarily preclude any connection of the crime with the exercise of trade union activities, membership or office [see Compilation, para. 92]. The Committee once again firmly expects that the ongoing investigations and judicial proceedings will fully consider any possible direct or indirect relation between the violent acts and the trade union activities of the victims, and that the perpetrators of violence against trade unionists will be identified and brought to justice as soon as possible, irrespective of whether they are private persons or state agents, with a view to combating impunity and preventing the repetition of such acts. The Committee urges the Government to continue to provide updated information on any progress achieved in this regard.
6. 505. With regard to the allegations communicated by the KMU in September 2021 concerning an increase in trade union repression and deprivation of workers’ right to organize since 2017 (recommendation (c)), the Committee recalls that these refer in particular to the killings of six unionists – Mr Danny Boy Bautista, Mr Reynaldo Malaborbor, Mr Emmanuel “Manny” Asuncion, Mr Melvin Dasigao, Mr Mark Lee Bacasno and Mr Dandy Miguel – and six other activists, as well as the attempted assassination of four other union leaders and members, during raids conducted by the military and the police between October 2018 and March 2021, which, according to the complainants, are part of a state policy to prevent workers from organizing and to hinder genuine trade unionism in the country. The Committee notes the Government’s indication that: (i) the case of Mr Miguel is under continuous follow-up investigation, but the victim’s wife did not authorize the Regional Anti-Cybercrime Unit 4A to conduct digital forensic examination of cellphone units recovered from the crime scene; (ii) in the case of Mr Asuncion, the DOJ dismissed the murder complaint against 17 police officers, as it determined that the complainant had failed to prove the existence of a crime and identify the perpetrators thereof, and therefore returned the case to the National Bureau of Investigation for further investigations; and (iii) in the cases of Mr Ariel Evangelista and Mr Chai Evangelista, who were killed during the same “Bloody Sunday” incident as Mr Asuncion, the DOJ dismissed the murder complaints on the same grounds. Regretting to observe that no progress has been made in bringing the perpetrators of the reported incidents to justice, the Committee firmly urges the Government to take the necessary measures to ensure that all alleged instances of killings and attempted killings reported by the KMU in September 2021 are fully investigated by an independent mechanism with a view to identifying and punishing the perpetrators, and to provide information on any progress achieved in this regard. Observing that the Government has not yet provided any information in relation to the incidents concerning the killing of Mr Bautista and Mr Malaborbor, the Committee urges it to provide details on any measures taken to address and investigate these incidents.
7. 506. As regards its other requests for action and information in relation to the allegations made by the KMU (recommendations (d), (e) and (f)), the Committee observes that they are not addressed in the Government’s reply. The Committee therefore finds itself obliged to reiterate its recommendations and requests the Government to provide information in this regard without delay.
8. 507. Finally, with respect to the general climate of violence and insecurity previously alleged in this case (recommendation (g)), the Committee notes that the Government: (i) reiterates its commitment to bringing the perpetrators of any acts of violence or intimidation against trade unions and their members to justice; (ii) indicates that, through the issuance of Executive Order No. 23 in April 2023, it created an Inter-Agency Committee in order to strengthen coordination among agencies, monitor actions taken, and expedite the investigation, prosecution and resolution of cases related to freedom of association and the right to organize; and (iii) informs that the DOLE endorsed the allegations of extrajudicial killings and harassment which were made in the present case to the CHR for investigation with a view to possibly compensating the victims or their family. While it takes due note of these measures, the Committee recalls that a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty [see Compilation, para. 86]. In view of the above, the Committee urges the Government to continue to do everything in its power, in full consultation with workers’ and employers’ organizations, to address and remedy the extremely serious allegations that trade union violence and repression are carried out as part of a state-sponsored scheme to silence legitimate trade unions. It also urges the Government to further intensify its efforts to combat violence against trade unionists by adopting, including within the framework of the Inter Agency Committee created under Executive Order No. 23, any necessary measures to this effect, such as the dissemination of clear guidance and instructions to all state officials and the full operationalization of national monitoring and investigative mechanisms. The Committee requests the Government to continue to provide information on any progress made in this regard.
9. 508. The Committee draws the particular attention of the Governing Body to the extreme seriousness and urgency of this case.

The Committee’s recommendations

1. 509. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again firmly urges the Government to make every effort to bring to trial and convict the perpetrators of the murder cases of Mr Antonio ”Dodong” Petalcorin, Mr Emilio Rivera and Mr Kagi Alimudin Lucman, and, should this no longer be possible with respect to the archiving of the cases of Mr Petalcorin and Mr Rivera, to engage with the trade unions concerned with a view to ensuring their full review by a specialized, eminent, independent non-judicial body for the consideration of any appropriate compensation. The Committee urges the Government to provide information on any progress made in this regard.
   • (b) With respect to the allegations of trade union repression reported by the ITF, the UMA and the NFSW–FGT in March and June 2021 (allegations of extrajudicial killings, illegal arrests, detention, false criminal charges, intimidation, harassment, red-tagging and threats against trade union members and leaders), the Committee once again firmly expects that the ongoing investigations and judicial proceedings will fully consider any possible direct or indirect relation between the violent acts and the trade union activities of the victims, and that the perpetrators of violence against trade unionists will be identified and brought to justice as soon as possible, irrespective of whether they are private persons or state agents, with a view to combating impunity and preventing the repetition of such acts. The Committee urges the Government to continue to provide updated information on any progress achieved in this regard.
   • (c) The Committee firmly urges the Government to take the necessary measures to ensure that all alleged instances of killings and attempted killings reported by the KMU in September 2021 are fully investigated by an independent mechanism with a view to identifying and punishing the perpetrators, and to provide information on any progress achieved in this regard. Observing that the Government has not yet provided any information in relation to the incidents concerning the killing of Mr Danny Boy Bautista and Mr Reynaldo Malaborbor, the Committee urges it to provide details on any measures taken to address and investigate these incidents.
   • (d) The Committee once again urges the Government to provide detailed and concrete observations on the serious additional allegations of trade union repression and criminalization of trade union activities reported by the KMU in September 2021. The Committee urges the Government to ensure that all alleged instances of physical violence, arrests, detention, threats and intimidation are rapidly and thoroughly investigated and perpetrators of violence against unionists identified and brought to justice, including when they are state agents, so as to combat impunity and prevent the repetition of such acts.
   • (e) The Committee once again urges the Government to ensure that any pending criminal charges are dropped and any detained trade unionists immediately released, should their arrest or detention be connected to the legitimate exercise of their trade union rights.
   • (f) The Committee also urges the Government once again to take the necessary measures to address the alleged coercion of trade unionists to withdraw their union membership, so as to prevent the repetition of such incidents, and to ensure that workers’ strikes, as long as they remain peaceful, are not met with disproportionate use of force by the police or the military.
   • (g) The Committee urges the Government to continue to do everything in its power, in full consultation with workers’ and employers’ organizations, to address and remedy the extremely serious allegations that trade union violence and repression are carried out as part of a state-sponsored scheme to silence legitimate trade unions. It also urges the Government to further intensify its efforts to combat violence against trade unionists by adopting, including within the framework of the Inter-Agency Committee created under Executive Order No. 23, any necessary measures to this effect, such as the dissemination of clear guidance and instructions to all state officials and the full operationalization of national monitoring and investigative mechanisms. The Committee requests the Government to continue to provide information on any progress made in this regard.
   • (h) The Committee draws the particular attention of the Governing Body to the extreme seriousness and urgency of this case.