Rapport intérimaire - Rapport No. 272, Juin 1990

1. 294. The Committee has already examined this complaint on two previous occasions on which it presented interim conclusions to the Governing Body (see 259th Report, paras. 564 to 588 and 268th Report, paras. 459 to 481, approved by the Governing Body, respectively, at its Sessions of November 1988 and November 1989).
2. 295. The Government supplied its observations on the outstanding aspect of this case in a communication of 10 April 1990.
3. 296. 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. 297. This case, which originated in October 1987, involves serious allegations of military or paramilitary repression of the complainant's local affiliate (the National Federation of Sugar Workers - Food and General Trades, NFSW-FGT) in its efforts to protect the rights of sugar workers in Negros Province. The Government supplied information on various current proceedings or possible avenues of investigation into the alleged incidents.
2. 298. In the light of the Committee's interim conclusions, the Governing Body, at its November 1989 Session, approved the following recommendations (see 268th report, para. 481).
   • (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 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 of 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.

B. The Government's reply

1. 299. In its communication of 10 April 1990, the Government states that as regards the cases of Messrs. Emalay, Pastidio, Villacuatro, Cayao and Tampinco, there are still no positive developments that could lead to the prosecution of the perpetrators of the crimes committed against these individuals. As stated in its previous communication, the absence of witnesses and the necessary evidence to aid the Government's investigating agencies in identifying and indicting the perpetrators of the said crimes have hampered efforts to reach a positive conclusion on these cases. However, in view of the importance that has been attached by the Department of Labor and Employment (DOLE) to these cases, it has instructed its Regional Offices to monitor developments and to assist in the ongoing investigations. The Government attaches the initial report from the DOLE Regional Office No. VI, detailing the progress of the cases.
2. 300. As regards the petition filed by the lawyers of Mr. Balaud to transfer jurisdiction over this case from the military to the civilian courts, the Government states that the petition has been granted and a civilian court has already taken cognizance of the case. The trial relating to the murder of Mr. Antojado is still going on in the Regional Trial Court in San Carlos City, Negros Occidental.
3. 301. In relation to the murder of Mr. Bantayan, it assures the Committee that the investigation did not cease with the report from the Department of National Defense (DND). The initial report from the DND merely attempts to establish a lead in aid of possible criminal charges to be filed in court.
4. 302. Finally, it attaches the most recent report of the Philippines' national monitoring agency on the various Peace and Order Councils established by law. The report from the Philippines Commission on Human Rights (PCHR) is still unavailable, but the Government undertakes to provide a copy as soon as it is available.

C. The Committee's conclusions

1. 303. The Committee observes from the DOLE Regional Office's report, dated 10 November 1989, that no information is available still on the 1986 murders of Mr. Amiceto Emalay and Mr. Moreto Pastidio, and that inquiries into the Rodrigo Villacuatro murder have been hampered by the physical difficulty in contacting his family and because of "fear of reprisal from either military or non-military entities". Moreover, annexed to this report is a Philippines Commission on Human rights (PCHR) Resolution, dated 27 June 1989, recommending that the PCHR archive its investigation of the murder on 3 July 1988 of José "Joe" Tampinco for lack of concrete evidence.
2. 304. Likewise, the PCHR Case report 88-254 on Amado Cayao is attached; it reads as follows:
   • This concerns the killing of AMADO CAYAO on July 4, 1987 by several armed men. Cayao was the local president of NFSW in Silay City.
   • The version of the wife, NELLY SUMPA vda de CAYAO, who is the complainant in this case was that her husband woke up at about 4.00 a.m. of July 4, 1987 to answer a call of nature. A few minutes thereafter, she heard gunshot sounds and about an hour later, when they looked for her husband, she found him dead. During the time that she heard gunshot sounds, she peeped out of the window and saw several armed men but did not see their faces nor could she identify them.
   • On the other hand, the military version in the transmittal letter of COL. MIGUEL CORONEL on March 10, 1988, is that the killing of Cayao was due to an encounter by the military and subversives of which the victim allegedly was one.
   • Other than the affidavit of the widow alleging that Amado Cayao was shot by armed men in fatigue uniform, there is no other proof submitted to indicate the identities of the killer or killers.
3. 305. Given that inquiries have reached an impasse for all of the five killings on which the Committee had requested information, it can only recall that a genuinely free and independent trade union movement can only develop where fundamental human rights are fully respected and guaranteed (see Digest of decisions and principles of the Committee on Freedom of Association, third edition, 1985, para. 68).
4. 306. As for the Antojado (underway since early 1988) and Balaud (military perpetrators identified in early 1988) murder trials, the Committee notes that they are proceeding in the civil courts and looks forward to receiving copies of the relevant judgements as soon as they are handed down, which - it trusts - will be in the not too distant future.
5. 307. It also notes that inquiries are continuing into the murder of Mr. O. Bantayan and requests the Government to supply more particulars as to whether charges have been laid, suspects apprehended and criminal proceedings in the civil courts commenced.
6. 308. The Committee notes from a reading of the 1989 report of the National Peace and Order Council that, in 1988, four conferences/workshops on national security, peace and order were held, having a total of 603 participants; in the first half of 1989 a second series of inter-regional workshops was held involving 1,706 participants; the problems identified were of a social nature (corruption, poverty, delays in court cases, illegal gambling), or economic (un- or underemployment, labour-related problems, inadequate infrastructure), or linked to security (criminality, drug addiction, lack of CAFGU units, piracy, military and police abuses) or due to lack of community involvement or of communication. Among solutions put forward at these workshops were: the creation of an effective and realistic monitoring system and the strict implementation of laws; greater funding of regional and local peace and order councils; an integrated information drive and education campaign; closer co-ordination between government agencies; and the creation of civilian volunteer organisations (CVOs) to help improve security and peace and order and to assist the Civilian Armed Forces Geographical Units (CAFGUs) "in providing security for civilians and countering any threats posed by the communist insurgents". One of the main goals for the National Peace and Order Council for 1989 was fixed as "removal of causes of public disaffection for the Government by vigorously curbing abuses of the military/police and local leaders and enhancing delivery of basic services".
7. 309. The report shows that, among other activities, the sub-national peace and order councils gave lectures on human rights, were involved in the deployment and mobilisation of CAFGUs and implemented a firearms ban in Sulu. However, at a national peace and order council meeting in July 1989, there was a debate on the issuance of firearms to mayors and civil security units needed, according to one lobby group for protection due to the rash of killings of local office holders; others felt that the influx of more weapons into the country, whether controlled by licensing permits or not, may mean greater danger since most weapons ended up in the wrong hands. Statistics gathered showed 648 organised criminal groups having at least 870 firearms, and 192,000 firearms are said to be circulating among local insurgents, private armed groups and other lawless elements. At this same meeting a Brigadier General of the Philippines Armed Forces reported that one of the CAFGU's objectives is to destroy 16 to 18 guerilla and other armed groups and eventually to absorb their members to serve as "holding fronts" for the military's counter-insurgency strategy.
8. 310. While appreciating the difficult task facing the Government to maintain peace and order, the Committee expresses its concern that the 1989 report submitted to it contains no references to protection of union leaders or organised labour against violence and harassment such as documented in the IUF's complaint in the present case. Yet, in past replies on these allegations, the Government has referred generally to the machinery now in place in the Philippines for monitoring alleged anti-union practices (the October 1987 guide-lines on CVOs, the Philippines Commission on Human Rights) and, more specifically to these peace and order councils reorganised under Executive Order No. 309 of March 1988. Rather than supervising the CAFGU activities, it appears that these councils are encouraging their establishment and armed activities. The Committee accordingly requests the Government to supply further information on the roles and inter-relationships of the various monitoring bodies that could assist in investigating allegations of violations of trade union rights.