Rapport intérimaire - Rapport No. 268, Novembre 1989

Cas no 1426 (Philippines) - Date de la plainte: 12-OCT. -87 - Clos

1. 459. The Committee has already examined this complaint and, at its November 1988 meeting, presented interim conclusions to the Governing Body (see 259th Report, paras. 564 to 588, approved by the Governing Body at its 241st Session, November 1988).
2. 460. The International Union of Food and Allied Workers' Associations (IUF) presented further allegations of violations of trade union rights against the Government in communications dated 16 December 1988 and 10 February 1989. The Government supplied its observations on the case and on the new allegations in a communication of 2 May 1989.
3. 461. 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. Previous examination of the case

1. 462. At its November 1988 meeting, the Committee noted that this case involved serious allegations of military or paramilitary repression of members of the complainant's local affiliate in their efforts to function in Negros province. These allegations included: (1) violent murders of union leaders and unionists (in 1986 Uldarico Antojado, Aniceto 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 Tenessa, Clarita Salde, Joel Estrella), as well as the arbitrary arrest of 32 named persons connected to the National Federation of Sugar Workers-Food and General Trades (NFSW-FGT), concerning whom no details were given as to whether these acts were related to trade union activities.
2. 463. After examining the Government's reply denying that some of these cases were linked to trade union activities and reiterating its commitment to protecting workers' rights, the Committee invited 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 (regional trial court at San Carlos City) and Banlaud 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 the trade union leader, Mr. José "Joe" Tampinco, on 3 July 1988 in Bacolod, during a union gathering.
   • (c) As regards the violent harassment allegedly perpetrated by paramilitary 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 which were issued on 30 October 1987.
   • (d) More generally, the Committee requests the Government to clarify the proceedings of the recently established Philippine Commission on Human Rights and on its follow-up procedures.
3. 464. Annexed to the Committee's examination of the case were the names of the following 27 persons allegedly arrested and detained by the police in January and February 1988 (the five who were released the same months are not repeated): Rolando Villamor of Sitio Biernesan, Pinapugasan, New Escalante; Perlito Mahilom of Sitio Biernesan, Pinapugasan, New Escalante; Bienvenido Sagal of Sitio Biernesan, Pinapugasan, New Escalante; Larry Durimon of Sitio Biernesan, Pinapugasan, New Escalante; Dionisio Guinsatao of Pontevedra (missing as of 13.2.1988); Romulo Lauriano; Edwin Jacosalem; Joseph Bentic; Fred Guillema; Belle Meniale; Willy Alcantara; Rene Pelayo; Rodrigo Aquino; Francisco Alcantara; Salvador Piorato; Eugene Lachica; Romeo Eder; Crescenciano Palermo; Roberto Apuhen of Benitin Farm, Murcia; Alan Aligno; Linda Sotomayor; Henry Norbes; Carlito Norbes; Rodolfo Samson; Nilo Dayapan; Daniel Dayapan; Edwin Quitchon.

B. Further allegations from the complainant

1. 465. In its communication of 16 December 1988 the IUF supplies information on the murder of Oscar Bantayan, a popular trade union activist (Regional Director for Mindanao) of the National Federation of Labour and member of the KMU's national executive committee, in Davao City on 10 October 1988. He was gunned down by four Alsa Masa members against a background of growing tension on Davao banana plantations. Press clippings attached to this letter state that investigators of the Department of National Defence - inquiring at the request of the Secretary of Labor - concluded that his murder was an offshoot of an "internal squabble" within the KMU/NFL hierarchy in Mindanao; a press release from the NFL vigorously denies this conclusion. Mr. Bantayan's companion walking home with him that night, NFL volunteer Romeo Davalos, survived his gunshot wounds received from the same vigilantes.
2. 466. In its communication of 10 February 1989, the IUF condemns the action of uncontrolled organisations which operate to kill trade unionists. It cites as an example the assassination of Meliton Roxas, president of the local union (a KMU affiliate) of the Nestlé plant at Cabuyao, Laguna, which occurred on 20 January 1989 when he was having lunch with fellow workers opposite the Nestlé factory. (Details on the Roxas case appear in Case No. 1444 examined elsewhere in this report).

C. The Government's reply

1. 467. In a communication of 2 May 1989, the Government states that, as regards firstly the cases relating to the deaths of Messrs. Antojado and Balaud, the Philippine Commission on Human Rights has filed a petition with the Supreme Court for the waiver of the military court's jurisdiction on the case relating to Mr. Tito Balaud. The reason for the petition is to ensure that the trial would be as fair as possible since the accused are military personnel. The Antojado case, on the other hand, has been referred to the civil court of San Carlos City (the court having jurisdiction over the case) for the trial of the accused.
2. 468. Secondly, the Government states that initial reports from investigating agencies reveal that Mr. Oscar Bantayan was killed as a result of a dispute within his organisation. With respect to the other cases referred to in the Governing Body Committee's recommendations, the Philippine Commission on Human Rights is still in the process of investigating them. The Government asks the Committee to understand that investigations of this nature are very difficult to conduct especially in view of the fact that, in most of the cases referred to, no complaints were filed on behalf of the victims with the appropriate government agencies. As a result, the investigations are conducted without any real information except for the list of names furnished by the ILO. Nevertheless, the Government gives its assurance that it will continue to supply information on developments in these cases.
3. 469. Furthermore, according to the Government, as regards the seven persons alleged to be still under detention, the Office of the Provincial Prosecutor of Bacolod City, Negros Occidental (the place where the alleged arrests were made), attests that no charges have been filed against these persons nor were they complainants in any case filed by them against anybody in the Government. Persons who have been detained without being properly charged can file a criminal complaint against those responsible for their detention. Moreover, these persons can file a petition for a writ of habeas corpus to demand their release from detention. The Government states that the fact that there were no complaints or petitions filed proves that no detention was ever imposed upon these persons. It claims that this casts some doubt as to the veracity of the allegations of the complainant, particularly with respect to the persons and the circumstances listed in the complaint.
4. 470. With regard to the violent harassment allegedly being perpetrated by paramilitary groups in the rural areas, the Government informs the Committee that this allegation is being closely monitored by the concerned agencies. The Department of Local Government, in particular, has been overseeing and supervising the activities of the civilian volunteer organisations (CVOs), referred to in the Government's previous reply. According to the Department of Local Government, there has yet to be a documented complaint against any of the existing CVOs or their members. This attests to the fact that these organisations are indeed conducting their activities in accordance with the guide-lines set by the Government.
5. 471. Lastly, with reference to the Committee's request for clarification on the proceedings of the Philippine Commission on Human Rights, the Government refers to various documents attached to its reply, including the Manual of Services and Programmes for the Commission (dated May 1988) and Executive Order No. 309, as amended, entitled "Reorganising the Peace and Order Council" and dated 11 March 1988, together with its accompanying Rules and Regulations.
6. 472. The former document provides an account of the functions of the Commission, explains the rationale and objectives of the Commission's various services and programmes (such as hearing of complaints, legal counselling, legal research, assistance to human rights victims, witness protection) and defines the Commission's targets for 1988-89.
7. 473. The Executive Order establishes a four-tier (national, regional, provincial and city/municipal) structure for peace and order councils which shall have a mixed composition of government representatives (including the Chairperson of the Philippines Commission on Human Rights) and private citizens representing academic, civil, religious, youth, labour, legal, business and media organisations. Among the tasks of the National Peace and Order Council is that of co-ordinating and monitoring - through regular meetings and reporting - peace and order plans and the organisation of civilian volunteer self-defence organisations. Part XIII of the Rules relates to citizens' volunteer organisations, covering their membership, recruitment process, screening, training and functions (such as intelligence gathering, neighbourhood watches, medical/traffic/ emergency assistance).

D. The Committee's conclusions

1. 474. The Committee notes that the Government has sent no information on the IUF's allegation concerning the murder of several trade union leaders: Mr. Aniceto Emalay and Mr. Moreto Pastidio in 1986, Mr. Rodrigo Villacuatro, and Mr. Amado Cayao in 1987 and Mr. José "Joe" Tampinco on 3 July 1988, nor on the list of 27 alleged detainees listed above. While noting the Government's general comment that investigations "are very difficult to conduct especially in view of the fact that, in most of the cases referred to, no complaints were filed on behalf of the victims with the appropriate government agencies", the Committee must stress the importance it attaches to rapid action to investigate cases of deaths of trade union leaders with a view to fully ascertaining the facts, determining the responsibilities, punishing those found to be responsible, and preventing the repetition of such crimes. (See Digest of decisions and principles of the Freedom of Association Committee, third edition, 1985, para. 78.) It accordingly urges the Government to instruct its law enforcement agencies to conduct such inquiries as are necessary to shed light on the circumstances of these fatal shootings, and to report to the Committee on the findings of these inquiries.
2. 475. The Committee welcomes the Government's co-operation in supplying an update on the proceedings concerning the deaths of Messrs. Antojado and Balaud. It notes that the Antojado murder trial before the San Carlos City court is continuing and that the Supreme Court has been petitioned to obtain a waiver of the military court's jurisdiction in the Balaud murder case. It requests the Government to continue to keep it informed of developments in these two murder trials.
3. 476. As regards the death of Mr. O. Bantayan, the Committee notes that inquiries appear to have ceased with the report of the Department of National Defence which concluded that he was killed as a result of an internal dispute within his labour organisation. The Committee requests the Government to indicate whether the usual law enforcement and justice agencies (that is, not the military) carried out their own inquiries into this murder and to inform it of the laying of charges and the commencement of proceedings. It feels particularly that further information is needed on this affair since the reports from the investigating agencies were only, according to the Government's own words, "initial" and since Mr. Bantayan's union has energetically denied the report that he was the victim of an internal union dispute.
4. 477. For the cases of alleged malicious woundings/attempted murders of unionists Francisco and Joseph Guillermo on 17 May 1987 and Romeo Davalos on 10 October 1988, the Committee can only note that these persons filed no complaints and that therefore no efforts were made to apprehend their aggressors. In such circumstances it draws the Government's attention to the principle that situations involving murders and other acts of violence warrant severe measures being taken by the authorities to restore a normal situation.
5. 478. The Committee takes note of the Government's denial of the arrest and detention of trade unionists, based on the absence of charges listed in the Office of the Provincial Prosecutor and on the lack of petitions for habeas corpus or complaints of illegal detention. Faced with this direct contradiction, the Committee is not in a position to reach conclusions on this aspect of the case. It would point out, however, that the absence of complaints before the national authorities could be explained by many factors such as fear of reprisals (harassment by unruly groups is indeed an allegation in the present case and in Case No. 1444 also concerning the Philippines examined elsewhere in this report), lack of knowledge of the legal and administrative avenues of redress available, illiteracy and poverty, which are common problems in underdeveloped rural areas like Negros.
6. 479. Lastly, as regards the alleged harassment of unionists and union leaders by paramilitary vigilante groups in Negros, the Committee notes the information supplied by the Government concerning attempts to monitor such groups through (1) the October 1987 guide-lines concerning CVOs (no complaint has yet been filed against existing CVOs according to the Department of Local Government); (2) the Philippine Commission on Human Rights (which investigates only if a formal complaint of human rights violations is filed) (both already mentioned in the previous examination of this case, see 259th Report, paras. 576 and 579); and (3) the reorganisation of the mixed composition "peace and order councils". It observes that it has looked at similar information in the context of Case No. 1444, examined elsewhere in this report.
7. 480. The Committee takes note of the measures adopted to ensure respect for the law and human rights in the areas controlled by the volunteer self-defence groups. The Committee believes that the structure now exists for rapid and thorough investigation of all complaints of violations of human rights concerning trade unionists. It therefore would appreciate receiving from the Government copies of the reports which these various national monitoring bodies are bound, by their founding charters, to produce regularly. Only in this way will the Committee have detailed and up-to-date information on the efficacity of these bodies, and be in a position to judge whether they are fulfilling their role in practice.

The Committee's recommendations

1. 481. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges the Government to instruct independent judicial inquiries to be carried out into the allegations concerning the murder of the following unionists: Messrs. A. Emalay, M. Pastidio, R. Villacuatro, A. Cayao and J. Tampinco and to send as soon as possible information on the findings of such inquiries.
   • (b) It requests the Government to continue to keep it informed of the court proceedings for the murder of the trade union leaders Mr. Antojado (San Carlos City court) and Mr. Balaud (Supreme Court to decide on jurisdictional petition).
   • (c) The Committee requests the Government to supply information as to whether any other procedure which has been involved in investigating the murder of Mr. O. Bantayan, and to inform it of any ensuing proceedings.
   • (d) While noting the measures adopted to ensure respect for the law and human rights in the areas controlled by the volunteer self-defence groups, the Committee nevertheless asks the Government for copies of the reports prepared regularly by the national monitoring bodies (such as the Philippines Commission on Human Rights, the National Peace and Order Council, the Inter-Agency Subcommittee on Citizens' Volunteer Groups set up by the 1987 guide-lines) so as to have detailed and up-to-date information on the efficacy of these bodies in practice.