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
- 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].
- 478. The Government provided its observations in two communications dated
1 September 2023 and 8 January 2024.
- 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
A. Previous examination of the case- 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
B. The Government’s reply- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
C. The Committee’s conclusions- 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.
- 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.
- 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].
- 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.
- 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.
- 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.
- 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.
- 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.
- 508. The Committee draws the particular attention of the Governing Body
to the extreme seriousness and urgency of this case.
The Committee’s recommendations
The Committee’s recommendations- 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.