Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 284, Novembre 1992

1. 401. The Committee has already examined the substance of this case on five previous occasions, each time presenting interim conclusions to the Governing Body, the most recent of which were approved in November 1991 (see 279th Report, paras. 544 to 562).
2. 402. The Government supplied further information on this case in communications dated 22 April and 13 May 1992.
3. 403. 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. Previous examination of the case

1. 404. After five detailed examinations, the outstanding allegations in this case now fall into two groups: (1) developments in various trials concerning the murder of trade unionists and leaders or concerning charges made against union leaders and members; and (2) the unclear role of the Civilian Armed Forces Geographical Units (CAFGUs) in the repression of workers' rights.
2. 405. At its November 1991 Session, the Governing Body, in the light of the Committee's conclusions, approved the following interim recommendations:
3. (...)
4. (b) The Committee requests the Government to inform it of developments in police, Public Prosecutor and/or Philippines Human Rights Commission inquiries that are continuing into the following matters: the arrests of Nestor Libalib and Rolly Alano (Department of Justice); the forthcoming trials of Messrs. Cueva and Espiritu (Department of Justice); the deaths of Messrs. Peru, Sarias, Adriano and Cubillo (Angeles City Police); the murder of Peter Alderite (Davao City Fiscal); and the deaths of Messrs. Mirasol, Caran, Delumias, Dinoy and Acuna (Western Police District).
5. (c) Given the seriousness of the charges brought in the trials pending against Messrs. Luares and Maluluan and against Mr. Roda and the fact that the KMU believes the unionists involved are being prosecuted more for their union membership and activities despite the sedition charges made, the Committee asks the Government diligently to continue supplying it with information on progress in the court proceedings, and to send it a copy of the judgements immediately they are available.
6. (d) It also requests the Government to supply information on the three remaining incidents listed in paragraph 334 of its 277th Report, namely developments in the murder trial (regional trial court) under way against a certain Reynaldo Arcilon following the Law Textiles Philippines Ltd. shooting; the shooting of David Borja, Chairman of the KMU-affiliated United Workers Union of Lanao, on 29 April 1990; and the developments in trials concerning unionists Barros and Alberio.
7. (...)
8. B. The Government's reply
9. 406. In its communication of 22 April 1992, the Government supplies information on ten trade unionists referred to in the Committee's past examinations of the case (277th and 279th Reports):
10. - concerning the shooting of David Borja, the findings of the Philippines Commission on Human Rights (PCHR) on a petition for investigation are awaited;
11. - concerning the shooting of Meliton Roxas, according to a major of the Philippines National Police, the investigation of this case is being hampered by the lack of sufficient evidence; inquiries have revealed that his alleged assailant was shot by a security guard who caught him in the act of shooting Mr. Roxas, but the assailant escaped;
12. - the criminal case filed by Mrs. Prima Balaud against her husband's suspected murderers is presently before the Supreme Court, having originally been filed in Toledo City;
13. - the deaths of Messrs. Peru, Sarias, Cubillo, Libalde and Alunan are still being investigated by the Angeles City Police;
14. - regarding the murder of Peter Alderite, a criminal case has already been filed against his alleged assailants by the government prosecutor;
15. - regarding the murder of Mr. Antojado, the criminal case against his suspected killers is currently under way before the San Carlos City Regional Trial Court.
16. 407. In its letter of 13 May 1992, the Government states that as of its latest communication with the PCHR and the Department of National Defence (DND), the cases of Adriano, Barros, Caran, Delumias, Dinoy, Alano, Arcilon and Mirasol are still under investigation. According to the PCHR, it had trouble progressing with the appropriate legal process for lack of witnesses and relevant evidence. The PCHR sometimes has no option but to archive the case for lack of appropriate leads that could merit further investigation.
17. 408. With respect to the Cueva case, which is presently pending with the Court, the Government cannot furnish the substantial information until a final decision has been reached because the courts are cautious in giving information on pending cases since this might prejudice or pre-empt judgement.
18. 409. The Government adds that it has also called these cases to the attention of the DND and followed up on their status. Based on the latest communication, it is quite difficult for the DND to gather available leads due to the armed insurgency problem it is presently encountering, particularly in the areas where the alleged incidents took place.
19. 410. According to the Government, at the moment, "Messrs. Roda, Maluluan, Espiritu and Adriano are free on bail". These personalities are still present in meetings and rallies of workers and their respective organisations. The free exercise of their rights have never been curtailed despite the pending criminal charges against them. It is to be noted that the Government, in accordance with democratic processes, conducts cases in accordance with constitutional requirements of due process. The rights of every citizen are duly heard and recognised by authorities.

C. The Committee's conclusions

1. 411. The Committee notes with interest the information supplied by the Government on a total of 23 of the trade unionists mentioned in the allegations outstanding in this case. In particular, the Committee notes that the Balaud murder case is proceeding before the Supreme Court; the Antojado murder case is currently before the San Carlos City Regional Trial Court; the Cueva case is continuing before the court; charges have been laid in the Alderite murder case; the Philippines Commission on Human Rights (PCHR) is to deliver a decision on investigations into the David Borja murder; and investigations are continuing by the Angeles City Police into the deaths of Messrs. Peru, Sarias, Cubillo, Libalde and Alunan and by the Department of National Defence and PCHR into the cases of eight other trade unionists listed above. It also notes that four named union leaders are free on bail pending hearing of the criminal charges laid against them; it requests the Government to indicate whether the Mr. Adriano referred to as being on bail is the person having the same name whose death is being investigated by the Angeles City Police Department.
2. 412. It asks the Government to keep it informed of developments in these trials and investigations.
3. 413. The Committee regrets, however, that the Government has supplied no new information for many months concerning three remaining persons listed in earlier examinations of this case: (a) Mr. Danilo Acuna (who was shot and stabbed on 26 June 1989 during the Golden Taxi Union strike picket and whose suspected killer, according to the Government's letter of 12 August 1991, had been identified by the Western District Police and was soon to be charged); (b) Mr. R. Alberio (who was killed on Cebu Island on 14 November 1988; according to the Government's letter of 10 April 1990, investigations by the PCHR have been hampered by the lack of evidence); and (c) Mr. M. Luares (who is - together with Mr. Maluluan referred to in the Government's letter of 13 May 1992 mentioned above - facing charges of sedition, is currently free on bail and whose trial was, according to the Government's letter of 12 August 1991, being monitored by the PCHR). The Committee asks the Government to keep it informed of developments concerning these three unionists.
4. 414. The Committee accordingly reminds the Government, as it has in many similar cases, that in the interests of justice so necessary for a climate propitious to the free exercise of trade union rights, there should always be rapid investigation into the deaths of trade unionists and speedy administration of justice where suspects are identified, and that where trade unionists are facing charges, including political or criminal charges which the Government considers have no relation to their trade union function, the fundamental principle of a prompt trial without delay be applied (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 110 and 113).
5. 415. Regarding the complainant's call in past communications relating to this case for the dissolution of the CAFGUs and other paramilitary forces which, it claims, have a particular anti-union bias, the Committee refers to its findings in previous examinations of this case: see 268th Report, paras. 530-532, 272nd Report, paras. 340-342, 277th Report, paras. 330-331 and 279th Report, para. 561. The Committee also notes with deep regret that, according to the Government's latest communications on the CAFGUs, they will remain part of the military establishment while all other armed groups have been abolished and deemed illegal in accordance with section 254 of the National Constitution. This section provides that "private armies and other private groups not recognised by duly constituted authority shall be dismantled. All paramilitary forces including Civilian Home Defence Forces not consistent with the citizen armed force established in this Constitution shall be dissolved or where appropriate, converted into the regular force".
6. 416. The Committee accordingly strongly urges that the call made in 1988 by the Philippines Senate Committee on Justice and Human Rights for the dismantling of these bodies be heeded and that, in the meantime, the monitoring of their activities be scrupulously pursued so that any inference that trade union organisations are suffering at their hands will be investigated, and where substantiated, transmitted to the appropriate judicial body for swift follow-up. It repeats the hope it expressed during its most recent examination of this case (279th Report, para. 561) that the fears aired by complainants in the present case as to the real motives behind the existence of such additional armed group are now allayed and that CAFGUs, being subject to military rules, should be fully accountable and their activities should in no way prejudice workers or impair the exercise of their freedom of association.