Allegations: The complainant organization alleges harassment, intimidation and
threats against trade union leaders and members by the armed forces in collusion with
private companies
- 648. The complaint is contained in a communication dated 26 March 2015
from Kilusang Mayo Uno (KMU).
- 649. Since there has been no reply from the Government, the Committee has
been obliged to postpone its examination of the case on two occasions. At its meeting in
March 2016 [see 377th Report, para. 7], the Committee issued an urgent appeal to the
Government, indicating that, in accordance with the procedural rules set out in
paragraph 17 of its 127th Report approved by the Governing Body, it could present a
report on the substance of the case at its next meeting even if the information or
observations requested had not been received in due time. To date, the Government has
not sent any information.
- 650. 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. The complainant’s allegations
A. The complainant’s allegations- 651. In a communication dated 26 March 2015, the complainant organization
KMU alleges harassment, intimidation and threats against trade union leaders and members
by the armed forces in collusion with private companies.
- 652. The complainant denounces the failure of the Government to ensure
that the rights of trade unions and workers are adequately respected as set forth in ILO
Conventions Nos 87 and 98, particularly the Government’s failure to eliminate the
culture of impunity, of which the country’s labour sector is a victim. According to the
complainant, despite the promised reforms under the current Government, violations
against the rights of workers and trade unions persist, and the climate of impunity
produced by assimilating industrial relations with the Government’s counterinsurgency
programme Oplan Bayanihan has and will continue to have a demonstrable impact on trade
union activities such as organizing, representation, assertion of rights, and
enforcement of individual and collective contractual agreements.
- 653. The complainant states that the allegations concern specifically
cases that have occurred in Region 11 or Southern Mindanao Region (SMR), and clearly
demonstrate that trade union violations in the country continue to occur with impunity
and act as a stumbling block to the full exercise of workers’ rights to organize,
collectively bargain and strike under Conventions Nos 87 and 98.
a. Harassment, intimidation, witch-hunting and grave threats committed by the
military and police forces against trade union leaders
a. Harassment, intimidation, witch-hunting and grave threats committed by the
military and police forces against trade union leadersa.1. Listing of trade union leaders in the military’s order of battle; vilification of union leaders and members and accusing them of being members and supporters of the armed rebel group New People’s Army (NPA)
1. Perlita Milallos, President, Freshmax Workers Union–National Federation of Labor Unions–Kilusang Mayo Uno (FWU–NAFLU–KMU), Compostela, Compostela Valley
- 654. The complainant indicates that Ms Milallos led the union in a
successful strike against a Korean-owned banana plantation in 2013 and has continued to
be active on workers’ concerns. The complainant alleges that, on 26 November 2014,
elements of the 66th Infantry Battalion of the Armed Forces of the Philippines (AFP)
interrogated her in her own residence for nearly three hours and asked her about her
activities as a union and community leader. The military told her about the peace and
development programmes the Government was planning for Compostela and reiterated that
they needed cooperation from the residents and that strikes and pickets did not help.
The soldiers informed her that she was listed in the military’s order of battle, even
claiming that she owned a “codename” in the underground communist movement. The military
tried to squeeze information from Ms Milallos about a certain rebel named “Busyong” and
threatened her that it knew that one of her sons was a member of the NPA. She vehemently
denied these allegations as purely untrue. Furthermore, the soldiers also attempted to
bribe her with a monthly stipend, cell phone and cell phone load in exchange for her
close cooperation with the Government’s counter-insurgency programme.
2. Rogelio Cañabano, Vice-President of Bigkis ng Nagkakaisang Manggagawa sa Apex Mines–Association of Democratic Labor Organizations–Kilusang Mayo Uno (BINA–ADLO–KMIJ), Maco, Compostela Valley
- 655. The complainant alleges that Mr Cañabano experienced a series of
harassments by the Philippine military. On 7 August 2014, soldiers belonging to the 71st
Infantry Battalion photographed his house and took away a picture of him. On 25 August
2014, soldiers in plain clothes interrogated Mr Cañabano on his whereabouts and union
activities, and pressed him to give them a list of all union officers. The following
day, the soldiers entered his home and hounded him with the same questions, this time
asking him who the organizers of KMU were. On 9 September 2014, soldiers again barged
inside the home of Mr Cañabano and interrogated him. The soldiers pressed Mr Cañabano
about union activities, and asked for the names of leaders and union members, including
names of organizers.
3. Musahamat Farm 2 Workers’ Labor Union–National Federation of Labour Unions–Kilusang Mayo Uno (MWLU–NAFLU–KMU), Pantukan, Compostela Valley, its officials, namely Esperidion Cabaltera, Richard Genabe, Dionisio Gonazales, Jovito Socias, Geraldine Suico, Cenon Arcepulo and Bernardita Almero
- 656. The complainant alleges that officers of the Musahamat Farm 2
Workers’ Labour Union of Pantukan, Compostela Valley were harassed and made to pose as
rebel surrenders on 29 August 2014. This incident occurred following a torching incident
at the Musahamat Farm 1 premises on 22 August 2014 by members of the NPA. Furthermore,
the complainant alleges that the military connived with the company management to call
the union to a meeting where five heavily armed soldiers of the 71st Infantry Battalion
were waiting and interrogated them for four hours. Paraphernalia and tarpaulin of the
Communist Party of the Philippines–New People’s Army–National Democratic Front
(CPP–NPA–NDF) were placed in front of the union officers and they were videotaped and
audiotaped while undergoing questioning by the soldiers. Soldiers are still seen inside
the company compound of Musahamat Farms, Inc.
4. Radio Mindanao Network Davao Employees Union–National Federation of Labour Unions–Kilusang Mayo Uno (RDEU–NAFLU–KMU), Davao City
- 657. The complainant states that, due to unfair labour practice and
refusal to bargain, radio workers of Radio Mindanao Network (RMN) Davao went on strike
for 41 days beginning 2 October 2014. The complainant alleges that, during the strike
and months prior to the strike conducted by RDEU–NAFLU–KMU, radio commentators belonging
to the management persistently vilified the officers of the union and the federation
NAFLU–KMU, including red-tagging the union as a front of the CPP–NPA–NDF. KMU SMR
Secretary-General, Romualdo Basilio, was also vilified and demonized by radio
commentators in the programme “Koskos Batikos”.
a.2. Death threats, blacklisting and other forms of harassment
5. Vicente Barrios, Chairperson of KMU-SMR and President of Nagkahiusang Mamumuo sa Suyapa Farm–National Federation of Labour Unions–Kilusang Mayo Uno (NAMASUFA–NAFLU–KMU)
- 658. The complainant states that Mr Barrios is a union leader who has
survived two assassination attempts in 2005 and 2006 and braved several threats to his
life and intimidation. Mr Barrios’ struggle and that of the workers of Compostela became
the subject of the ILO high-level mission in 2009 but until now, the case remains
unsolved.
- 659. The complainant alleges that Mr Barrios’ struggle with the
multinational fruit company Sumitomo Fruits has made him a consistent target of
harassment thereafter. After a month-long struggle against union busting, Mr Barrios and
members of two packing plants in Compostela, Compostela Valley were locked in a dispute
with the fruit company in 2012 but were able to return to work and promised their
backwages as per the compromise agreement between the company’s contractors and the two
unions affected. The compromise agreement was not fulfilled by one of the contractors.
On 25 January, when workers conducted a picket to press for payment of backwages, the
contractor fired his gun once and pointed it at Mr Barrio threatening his life. The
incident was settled at the level of the barangay (township) but as the labour dispute
between the fruit company and the packing plants around Compostela intensifies, Mr
Barrios’ life continues to be in grave danger.
b. Filing of trumped-up charges against trade union leaders and members due to their
involvement and active participation in legitimate economic and political activities of
the trade unions
b. Filing of trumped-up charges against trade union leaders and members due to their
involvement and active participation in legitimate economic and political activities of
the trade unions6. Artemio Robilla and Danilo Delegencia, President and Board member, respectively, of Maragusan DOLE Stanfilco Workers’ Union–National Federation of Labour Unions–Kilusang Mayo Uno (MDSLU–NAFLU–KMU)
- 660. The complainant indicates that Mr Robilla and Mr Delegencia were
named in a warrant of arrest for alleged murder of supervisor Notalio Mamon of
DOLE–STANFILCO on 3 February 2014. Murder and robbery cases were filed before the
Provincial Prosecutors Office with NPS Docket No. XI-01-INV-14B-00064. The two union
officials have been indicted on the crime but have filed a motion for reconsideration
and the deferment of the issuance of the warrant of arrest. According to the
complainant, the charges of murder and robbery are utterly false and politically
motivated, and both leaders have been unwavering defenders of workers’ rights in
Maragusan, a heavily militarized area in Compostela Valley where the connivance of big
business and state armed forces has served to viciously repress the workers’ right to
organize and freedom of association. The union officials were instrumental in helping
illegally dismissed workers claim retirement benefits which DOLE–STANFILCO refused to
pay in 2013, in violation of the Labour Code.
- 661. In the light of the ongoing violations, the complainant expresses
the hope that: (i) military and government officials responsible for cases of union
repression, especially harassment and intimidations of union leaders, will be
prosecuted; (ii) the trumped-up criminal cases filed against union leaders will be
dropped; (iii) the military will pull out immediately and unconditionally from company
premises and workers’ communities; (iv) military interference in union activities and
labour issues will end because such intervention hinders productive dialogue between
employers’ and workers’ communities; (v) vilification campaigns by the military against
Kilusang Mayo Uno will stop; and (vi) the assimilation of industrial relations to
counterinsurgency programme Oplan Bayanihan will end. The complainant hopes that the
Government will adhere to the core labour Conventions it is signatory to and the view
that the full exercise of the right to organize and unionize suggests a healthy
democracy and is not destructive to economic and political stability, and that social
justice will eventually be attained, enabling workers and people to enjoy their
fundamental rights to speak, to be heard, to associate, to collectively bargain and to
conduct concerted actions.
B. The Committee’s conclusions
B. The Committee’s conclusions- 662. The Committee regrets that, despite the time that has elapsed since
the presentation of the complaint, the Government has not replied to the complainant’s
allegations even though it has been requested several times, including through an urgent
appeal, to present its comments and observations on this case.
- 663. Hence, in accordance with the applicable procedural rules [see 127th
Report, para. 17, approved by the Governing Body at its 184th Session], the Committee is
obliged to present a report on the substance of the case without being able to take
account of the information which it had hoped to receive from the Government.
- 664. The Committee reminds the Government that the purpose of the whole
procedure established by the International Labour Organization for the examination of
allegations of violations of freedom of association is to promote respect for this
freedom in law and in fact. The Committee remains confident that, if the procedure
protects governments from unreasonable accusations, governments, on their side, will
recognize the importance of presenting, for objective examination, detailed replies
concerning allegations made against them [see First Report, para. 31].
- 665. The Committee notes that, in the present case, the complainant
organization alleges harassment, intimidation and threats against trade union leaders
and members by the armed forces in collusion with private companies.
- 666. The Committee notes, in particular, the complainant’s allegations,
accompanied by supporting documentation, that: (i) with regard to Perlita Milallos,
President of the Freshmax Workers Union–NAFLU–KMU, on 26 November 2014, elements of the
66th Infantry Battalion of the Armed Forces of the Philippines, interrogated her at home
for three hours, asking about her union activities, stressing that they needed
cooperation rather than strikes and pickets, informing her that she was listed in the
military’s order of battle, claiming to know that she was part of the underground
communist movement and her son was a member of the NPA (claims that she denies),
attempting to squeeze information and bribe her to cooperate with the Government’s
counter-insurgency programme; (ii) with regard to Rogelio Cañabano, Vice-President of
Bigkis ng Nagkakaisang Manggagawa sa Apex Mines–Association of Democratic Labor
Organizations–KMU, on 7 August 2014, soldiers belonging to the 71st Infantry Battalion
took photographs of his house and of him, on 25 and 26 August and 9 September 2014,
soldiers entered his home, interrogated him on his whereabouts and union activities and
pressed him to give a list of all union officers and the names of KMU organizers; (iii)
with regard to Esperidion Cabaltera, Richard Genabe, Dionisio Gonazales, Jovito Socias,
Geraldine Suico, Cenon Arcepulo and Bernardita Almero, officers of the Musahamat Farm 2
Workers’ Labour Union of Pantukan, on 29 August 2014, following a torching incident by
members of the NPA, military connived with the company to call the union to a meeting
where heavily armed soldiers of the 71st Infantry Battalion interrogated the union
officers at the workplace for four hours, taping them with paraphernalia of CPP–NPA–NDF
placed in front of them. Soldiers are still seen inside the company; (iv) with regard to
the Radio Mindanao Network Davao Employees Union (RDEU)–NAFLU–KMU, before and during a
strike of radio workers in October 2014, radio commentators belonging to the management
persistently vilified the union’s officers, the federation NAFLU–KMU and the KMU–SMR
Secretary-General, Romualdo Basilio as belonging to the CPP–NPA–NDF, for which a
complaint was filed by Mr Basilio against the Association of Broadcasters of the
Philippines; (v) with regard to Vicente Barrios, Chairperson of KMU–SMR and President of
Nagkahiusang Mamumuo sa Suyapa Farm (NAMASUFA)–NAFLU–KMU, in the framework of a lengthy
labour dispute between the multinational fruit company Sumitomo Fruits and two packing
plants, during a picket to press for observance of the compromise agreement concluded
after a lockout, a contractor fired a gun once and pointed it at Mr Barrios threatening
him on 25 January 2014. Mr Barrios’ life continues to be in grave danger as the labour
dispute intensifies; and (vi) with regard to Artemio Robilla and Danilo Delegencia,
President and Board member of Maragusan DOLE Stanfilco Workers’ Union–NAFLU–KMU, on 3
February 2014, an arrest warrant was issued and false and politically motivated charges
of murder and robbery of supervisor Notalio Mamon of DOLE–STANFILCO were filed against
the two union leaders who had been instrumental in helping illegally dismissed workers
claim retirement benefits which DOLE–STANFILCO had refused to pay in 2013; the
Provincial Prosecutors Office indicted them for murder.
- 667. The Committee notes with concern that the allegations in this case
present similarities to allegations previously examined by the Committee in the
framework of Case No. 2528. It also notes that all alleged acts have occurred in the
region of Mindanao, especially Compostela Valley and Davao City.
- 668. Firstly, concerning the various acts of harassment and intimidation
of the above union officials, the Committee wishes to generally recall that acts of
harassment and intimidation carried out against workers by reason of trade union
membership or legitimate trade union activities, while not necessarily prejudicing
workers in their employment, may discourage them from joining organizations of their own
choosing, thereby violating their right to organize. In particular, in relation to the
alleged threat at gunpoint in the context of a picket, of Mr Barrios (the death threats
and assassination attempt of whom have previously been the subject of Case No. 2528),
the Committee recalls that the environment of fear induced by threats to the life of
trade unionists has inevitable repercussions on the exercise of trade union activities,
and the exercise of these activities is possible only in a context of respect for basic
human rights and in an atmosphere free of violence, pressure and threats of any kind.
With respect to the alleged lengthy interrogations of union leaders by the military, the
Committee recalls that measures depriving trade unionists of their freedom on grounds
related to their trade union activity, even where they are merely summoned or questioned
for a short period, constitute an obstacle to the exercise of trade union rights and
that the rights of workers’ and employers’ organizations can only be exercised in a
climate that is free from violence, pressure or threats of any kind against the leaders
and members of these organizations, and it is for governments to ensure that this
principle is respected [see Digest, op. cit., paras 44, 60, 63 and 786]. As regards
specifically the alleged vilification of union officials assimilating them to the
CPP–NPA–NDF, the Committee recalls that, although the exercise of trade union activity
or the holding of trade union office does not provide immunity as regards the
application of ordinary criminal law, workers should have the right, without distinction
whatsoever, in particular without discrimination on the basis of political opinion, to
join the organization of their own choosing. They should have the right to establish the
organizations that they consider necessary in a climate of complete security
irrespective of whether or not they support the social and economic model of the
Government, including the political model of the country [see Digest, op. cit., paras
212 and 213].
- 669. The Committee requests the Government to take all necessary measures
to guarantee the security of Vicente Barrios, Perlita Milallos, Rogelio Cañabano and the
other harassed trade union officials named above. Recalling that, in the framework of
Case No. 2528, the allegations of harassment and intimidation had been referred to the
National Tripartite Industrial Peace Council (NTIPC) Monitoring Body for discussion and
issuance of recommendations, the Committee also requests the Government to take the
necessary measures to ensure the full and swift investigation and resolution of the
current allegations of acts of harassment and intimidation of trade union leaders and
members of unions affiliated to the KMU.
- 670. Stressing once again that, while the military clearly has a key role
to play in ensuring law and order in the country, blanket linkages of trade unions to
the insurgency has a stigmatizing effect and often places union leaders and members in a
situation of extreme insecurity [see also 356th Report, Case No. 2528, para. 1182], the
Committee requests the Government to take all necessary measures in the future to ensure
respect for the principles enunciated above. Recalling that, in 2009, the Committee of
Experts on the Application of Conventions and Recommendations was able to note that, in
keeping with the high-level mission’s recommendations, the Executive Secretary, speaking
on behalf of the President, stated that, with the repeal of the anti-subversion law,
those opposing the Government were no longer regarded as subversive or targeted in this
regard and any such persecution would not be tolerated, the Committee expects that the
Government will take the necessary accompanying measures, including the re-issuance of
appropriate high-level instructions, to ensure the strict observance of due process
guarantees in the context of any surveillance and interrogation operations by the army
and police in a way that guarantees that the legitimate rights of workers’ organizations
can be exercised in a climate that is free from violence, pressure or threats of any
kind against their leaders and members [see also 356th Report, Case No. 2528, para.
1184]. As to the alleged listing of trade unionists in the so-called “order of battle”,
having previously noted with concern in the framework of Case No. 2528 that the Armed
Forces of the Philippines (AFP) did maintain “order of battle” lists featuring trade
unionists which had led to the commission of acts of violence against them, the
Committee reiterates that such measures go against the duty to take all appropriate
measures to guarantee that, irrespective of trade union affiliation, trade union rights
can be exercised in normal conditions with respect for basic human rights and in a
climate free of violence, pressure, fear and threats of any kind [see also 356th Report,
Case No. 2528, para. 1179]. Recalling that all practices involving the blacklisting of
trade union officials or members constitute a serious threat to the free exercise of
trade union rights and, in general, governments should take stringent measures to combat
such practices [see Digest, op. cit., para. 803], the Committee requests the Government
to indicate the measures taken to suppress “order of battle” lists which are likely to
lead to the commission of acts of violence against trade unionists on the basis of their
purported ideology.
- 671. Secondly, as regards the alleged presence of military in and around
the workplace, the Committee expects that the Government will take the necessary
accompanying measures, including the issuance of appropriate high-level instructions, to
bring to an end prolonged military presence inside workplaces which is liable to have an
intimidating effect on the workers wishing to engage in legitimate trade union
activities and to create an atmosphere of mistrust which is hardly conducive to
harmonious industrial relations [see also 356th Report, Case No. 2528, para. 1184].
- 672. Thirdly, as to the allegation that the criminal charges brought
against Artemio Robilla and Danilo Delegencia leading to their indictment for murder,
were false and linked to the exercise of legitimate trade union activities, the
Committee notes that the Committee of Experts on the Application of Conventions and
Recommendations was able to note in 2015 the Government’s indications that the criminal
charges brought against Artemio Robilla and Danilo Delegencia are under a new
investigation, and that the DOLE and the Department of Justice issued Joint
Clarificatory Memorandum Circular No. 1-15 to clarify the provisions of the
DOLE–DILG–PNP–DND–AFP Joint Guidelines on the Conduct of the AFP/Philippine National
Police (PNP) Relative to the Exercise of Workers’ Right to Freedom of Association,
Collective Bargaining, Concerted Actions and Other Trade Union Activities, which makes
clear that before filing information in court on cases arising out of or related to
labour disputes, prosecutors must secure clearance from the DOLE or the Office of the
President, and that this requirement for clearance applies to cases arising out of the
exercise of workers’ freedom of association, collective bargaining and other trade union
activities. The Committee welcomes the above initiative of the Government to provide
safeguards against false criminal charges against trade union members and to avoid
detention of workers on the basis of their union activities. As regards the concrete
allegation concerning the two union officials, the Committee is not in a position to
determine, on the basis of the information brought before it, whether these cases
concern trade union activities, and requests the Government to submit further and as
precise information as possible concerning the legal or judicial proceedings instituted
as a result of the charges and the result of such proceedings.
The Committee’s recommendations
The Committee’s recommendations- 673. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) The
Committee regrets that, despite the time that has elapsed since the presentation of
the complaint, the Government has not replied to the complainant’s allegations, even
though it has been requested several times, including by means of an urgent appeal,
to present its comments and observations on this case. The Committee urges the
Government to provide its observations on the complainant’s allegations without
further delay.
- (b) With respect to the alleged acts of harassment and
intimidation of several union officials in the Southern Mindanao region, especially
Compostela Valley and Davao City, the Committee:
- (i) requests the Government
to take all necessary measures to guarantee the security of Vicente Barrios,
Perlita Milallos and the other harassed trade union officials named above, and
ensure respect in the future for the principles enunciated in its
conclusions;
- (ii) recalling that, in the framework of Case No. 2528, the
allegations of harassment and intimidation had been referred to the NTIPC
Monitoring Body for discussion and issuance of recommendations, requests the
Government to take the necessary measures to ensure the full and swift
investigation and resolution of the current allegations of acts of harassment
and intimidation of trade union leaders and members of unions affiliated to the
KMU;
- (iii) requests the Government to take the necessary measures in the
future to ensure respect for the principles enunciated in its conclusions and
expects that the Government will take the necessary accompanying measures,
including the re-issuance of appropriate high-level instructions, to ensure the
strict observance of due process guarantees in the context of any surveillance
and interrogation operations by the army and police in a way that guarantees
that the legitimate rights of workers’ organizations can be exercised in a
climate that is free from violence, pressure or threats of any kind against
their leaders and members;
- (iv) as to the alleged listing of trade
unionists in the so-called “order of battle”, requests the Government to
indicate the measures taken to suppress “order of battle” lists which are likely
to lead to the commission of acts of violence against trade unionists on the
basis of their purported ideology.
- (c) As regards the alleged
presence of military in and around the workplace, the Committee expects that the
Government will take the necessary accompanying measures, including the issuance of
appropriate high-level instructions, to bring to an end prolonged military presence
inside workplaces which is liable to have an intimidating effect on the workers
wishing to engage in legitimate trade union activities and to create an atmosphere
of mistrust which is hardly conducive to harmonious industrial
relations.
- (d) As to the allegation that the criminal charges brought
against Artemio Robilla and Danilo Delegencia were false and linked to the exercise
of legitimate trade union activities, the Committee is not in a position to
determine, on the basis of the information brought before it, whether these cases
concern trade union activities, and requests the Government to submit further and as
precise information as possible concerning the legal or judicial proceedings
instituted as a result of the charges and the result of such
proceedings.
- (e) The Committee draws the special attention of the Governing
Body to the extreme seriousness and urgent nature of the matters dealt with in this
case.