Interim Report - Report No 401, March 2023

1. 639. The Committee last examined this case (submitted in February 2016) at its November 2021 meeting, when it presented an interim report to the Governing Body [see 396th Report, paras 508–528 approved by the Governing Body at its 343rd Session]. 
2. 640. In a communication dated 1 September 2021, the Kilusang Mayo Uno (KMU) joined the case and provided additional information.
3. 641. The Government provided its observations in a communication dated 30 September 2022.
4. 642. 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

1. 643. At its November 2021 meeting, the Committee made the following recommendations [see 396th Report, para. 528]:
   • (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 once again expresses its firm expectation that the perpetrators in the mentioned cases will be brought to trial and convicted without further delay. The Committee trusts that the Government will continue to make every effort in this regard and urges the Government to keep it informed of any progress made.
   • (b) The Committee urges the Government to provide a detailed reply to the serious allegations of extra-judicial killings, illegal arrests, detention, threats, intimidation, harassment and red-tagging of trade unionists communicated by the ITF, the UMA and the NFSW-FGT and expects the Government to ensure that all of the above allegations will be rapidly investigated and perpetrators of violence against trade unionists 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 trusts that the Government will prioritize investigations into these serious incidents and requests it to keep it informed of the progress made in this regard, including the status of any cases initiated.
   • (c) The Committee urges the Government to ensure the immediate release of any detained trade unionists, should their arrest or detention be connected to the legitimate exercise of their trade union rights.
   • (d) 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 expects the Government to do everything in its power to ensure that any past or future allegations of labour-related killings and other forms of violence against trade unionists are rapidly and properly investigated, so as to clarify the circumstances of the incidents, including the presence of any direct or indirect relation to trade union activity, determine responsibilities and punish the perpetrators with a view to preventing the repetition of such acts. The Committee also 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 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.
   • (e) The Committee draws the special attention of the Governing Body to the serious and urgent nature of the matters dealt with in this case.

B. Complainants’ additional allegations

1. 644. On 1 September 2021, the KMU submitted additional information alleging that the Government has openly declared unions affiliated with the KMU, as well as other organizations – the Confederation for Unity, Recognition of Government Employees (COURAGE) and the Alliance of Concerned Teachers (ACT) – as communist-terrorist organizations leading to blatant abuses of workers’ rights with impunity. The complainants point to a drastic increase in incidents of trade union repression and deprivation of workers’ rights to organize since the declaration and enforcement of martial law in the Mindanao region in 2017, as well as a deteriorating labour rights situation in the Southern Tagalog region. In particular, they allege numerous incidents of extra-judicial killings, attempted assassinations, illegal arrests, detention, threats, harassment and intimidation of trade union leaders, as well as various forms of trade union repression and intervention in trade union affairs between 2017 and 2021. They also denounce the failure of the Government 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.
2. 645. The complainants allege that, alongside “the war on drugs”, trade unionists and workers are also being targeted and killed during raids by state forces, which aim at preventing unionists from exercising their role and at stopping unionism altogether. They allege that the climate of impunity allows for the killing of union leaders and denounce the following concrete incidents of murder and attempted murder:
3. 646. The complainants further claim that the Government weaponizes the law to imprison unionists – they are targeted, under surveillance, threatened and subjected to arbitrary arrest and detention based on false criminal charges, fake evidence and ungrounded or manufactured search warrants and warrants of arrest. According to the complainants, unionists are being criminalized for their trade union activities leading to years of detention on mere allegations of criminal acts they did not commit, constituting a major blow to the trade union movement in the country. Often, they are subjected to hours of interrogation, as well as physical, verbal and psychological abuse and torture. The complainants point to the following concrete incidents of arbitrary arrest and detention of trade unionists based on false charges:
4. 647. Furthermore, the complainants point to several instances of violent dispersal of workers’ strikes:
5. 648. Finally, the complainants submit that the administration can, through the Anti-Terror Council and based on the Anti-Terrorism Act, arbitrarily proscribe individuals and organizations as terrorists, or simply use the law as a blanket in its terrorist-tagging of legitimate organizations and their leaders. The tagging of the KMU as a terrorist organization is, according to the complainants, a policy declaration and an order to eradicate unions and prevent workers from organizing themselves. Materials posted in public places and published on social media (official police accounts or state-funded fake accounts) label the KMU and its officers as supporters of the New People’s Army (NPA) or its legal front, as “terrorists” or members of “communist-terrorist organizations”, with the aim of making workers withdraw their membership or dissuading them from joining unions. The complainants claim that this vilification campaign against unionists is directed towards building a pretext for further abuses and violations of human rights and is part of the “whole of nation” national security approach where every segment of the Government is tasked with helping to identify probable insurgents and opponents of the regime, leading to Government instrumentalities conducting inventory of members of progressive organizations and submitting this information to the military to support the counter-insurgency efforts. In practice, this translates into grave threats among union leaders and members, vilification campaigns, anti-union propaganda by the military, fake surrenders, direct intervention of the military in union affairs, including union elections and forced disaffiliation from unions and federations.
6. 649. The complainants allege in this regard that the perpetrators of some of these incidents in the Southern Tagalog region are units from the armed forces in Southern Luzon, headed by the now-retired Lieutenant General Antonio Parlade Jr between 2019 and mid-2021 and that both the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) and the Joint Industrial Peace Coordinating Office (now referred to as the Alliance for Industrial Peace and Program Office (AIPPO)) have been engaged in propaganda and persistent harassment and threats against union leaders, often cascading in waves of house visits by state agents to threaten union leaders to surrender as NPA rebels or to disaffiliate from their unions in exchange for withdrawing any threats of arrest or abduction. They have also been interfering with union affairs, dislodging union officers and dismantling workers’ organizations. The complainants point to the following specific incidents:
7. 650. In relation to the above allegations, the complainants indicate that they reported the recent cases of murder and other human rights violations among KMU-affiliated unions to the CHR, the DOLE and the judiciary, but that there is very slow progression of the proceedings to justly evaluate the apparent state-sponsored scheme of silencing organized formations which criticize the administration’s anti-worker policies. At the time of submitting these allegations, the complainants indicate that no member of the military or police forces has been sanctioned or penalized for human rights violations; instead, many were promoted or have retired. The KMU, PAMANTIK and families of victims have also engaged the Administrative Order No. 35 mechanism at the Department of Justice to request an investigation into the “Bloody Sunday” incidents and the killing of Dandy Miguel and argue that these killings should not be dismissed merely on the basis of presumption of regularity of police action or on arguments that those arrested fought back or that the killings were not labour-related. Instead, they demand a fair and thorough investigation into all the actions of the police and accountability for the perpetrators. The complainants submit that for arrested and detained unionists, legal defence is a challenge, human rights lawyers are being killed, the law is weaponized and the judicial system is compromised with judges under duress of military coercion and threats of being killed for being independent. The KMU raised these concerns with the Supreme Court Administrator and recommended reforms on the rules of courts and guidelines in the issuance of arrest and search warrants. The Supreme Court issued Administrative Circular No. 13 in July 2021 that requires the use of body cameras during arrests and searches and restricts the power of Metro Manila judges to issue search warrants on venues outside their jurisdiction. The KMU also filed a petition questioning the constitutionality of the Anti-Terror Act of 2020 and a complaint to the National Bureau of Investigation to look into state publications that tag KMU leaders as terrorists.
8. 651. On the basis of the above, the complainants allege that state security forces continue to undermine freedom of association rights and flagrantly violate the law, due process, civil rights and basic human rights of Filipino workers, including through the assimilation of legitimate trade union activities with combat. Even though the DOLE has argued that the killings among workers are not labor-related and that remedies are available for workers’ groups in case of violations (such as the Administrative Order 35 mechanism, the Guidelines on the conduct of state officials), the problem lies with the lack of the rule of law, the implementation of guidelines and whether the available mechanisms would prove to be impartial when the agencies involved in the investigation belong to the NTF-ELCAC. The complainants allege that while the Constitution, the laws, the courts and the guidelines are in place, state security forces blatantly disrespect these institutions and the heavily-funded NTF-ELCAC has become the main instrument of human rights abuses in the country, not persecuting armed communists but unarmed civilians and legitimate organizations. The complainants therefore argue that the Government failed to guarantee, uphold and protect workers’ fundamental rights to life, liberty, other basic human rights and freedom of association. The fact that killings and other human rights abuses persisted and worsened since the International Labour Conference in 2019 means that the Government has not taken significant measures in curbing these abuses but, on the contrary, enforces policies and bodies that pave way for violations of trade union and human rights. The complainants call on the Government to end the repression and human rights violations against trade unionists and their families.

C. The Government’s reply

1. 652. In its communication dated 30 September 2022, the Government indicates that, following the May 2022 presidential elections, Government departments and agencies that are in charge of addressing the Committee’s recommendations underwent a number of structural changes. The Government affirms full respect for ILO labour standards, recognizes the long-standing issues elevated to ILO supervisory mechanisms and recalls its intention to objectively address these issues. It adds that it has recently adopted a policy of open dialogue with various labour organizations, including those affiliated with the complainants in this case, in order to obtain more precise information on the numerous complaints of harassment, red-tagging and violence directed at trade union members. Through this process of communication and dialogue, the Government aims at working together with labour organizations to improve the environment for the exercise of trade union rights. These actions complement developments in the judiciary where the Supreme Court issued an administrative order expressly limiting the effect of judicial warrants within the issuing judge’s territorial jurisdiction, so as to address the widely criticized practice of Manila and Quezon City judges to issue warrants that could be implemented in areas outside of their jurisdiction.
2. 653. In relation to the cases concerning the murders of Antonio Petalcorin, Emilio Rivera and Kagi Alimudin that were at the origin of this case, the Government indicates that the newly launched e-warrant system aids in tracking suspects who remain at large and that the police now implement the Simultaneous Anti-Criminality Law Enforcement Operations, under which unserved warrants are served on a bi-monthly basis. Accordingly, the Palomo Police Station in Davao City, which has jurisdiction over the Petalcorin and Rivera cases is conducting continuous coordination with other law enforcement units to locate and apprehend the suspects. The case of Alimudin, despite not being classified as a case of extra-judicial killing based on the operational guidelines of the Administrative Order No. 35, remains open for investigation in line with regular criminal investigative procedures but the lack of material witnesses continues to hamper the investigation.
3. 654. Concerning the additional allegations submitted by the complainants in March and June 2021, the Government claims that they pertain to incidents that are distinct from those initially submitted in this case and should not be examined as part of the case. It also affirms that many alleged incidents are at various stages of the investigative, prosecutorial and judicial processes within fully functioning national institutions. In particular, it indicates that the allegations of extra-judicial killings have been raised by the Center for Trade Union and Human Rights and have been under monitoring by regional tripartite monitoring bodies. Out of these cases, five are under police investigation – the cases concerning Leonardo Escala, Alexander Ceballos, Flora Gemola, Ronald Manlanat and Felipe Dacal-Dacal – and three are pending before the courts or are being tried – the cases of reported killings of Ariel Diaz, Julius Broce Barellano and the nine farmers known as “Sagay 9”. The Government states that in the case of Ariel Diaz, based on a report of the Isabela Provincial Police Office from August 2021, a case for murder was filed in court against one identified and several unidentified suspects. According to the police, the motive for the crime was a land dispute and the accused have an arrest warrant pending against them and are being tracked. In the case of Julius Broce Barellano, a criminal case of murder was lodged against the suspects at the local court of San Carlos City, Negros Occidental, who were arrested and are currently detained. Regarding the Sagay farmers, a case of multiple murder was filed against two identified and several unidentified individuals and are pending at the Regional Trial Court Branch 73 in Sagay City, Negros Occidental.
4. 655. Concerning other alleged cases of extra-judicial killings, illegal detention and red-tagging raised by the complainants in March and June 2021, the Government states that it is committed to monitoring these cases but due to the high number of alleged incidents and the time that has elapsed since they occurred, the Government will need reasonable time to secure accurate and relevant information in this regard.
5. 656. With regard to the additional allegations submitted by the complainants in September 2021, the Government states that these refer to two additional incidents of killings, namely that of Dandy Miguel and the Southern Luzon raids tagged as “the Bloody Sunday”. The Government indicates that Dandy Miguel was shot on 28 March 2021 and his case was endorsed to the Department of Justice Inter-Agency Committee (IAC) under Administrative Order No. 35 immediately after the incident, following which the Department Secretary ordered the immediate creation of a Special Investigating Team, to facilitate investigation and case build-up. In April 2022, case conferences were held by the IAC during which the case of Dandy Miguel was extensively discussed and in reports from April and September 2022, the Assistant State Prosecutor and Head of the IAC Secretariat reported that the investigation in the case was ongoing.
6. 657. Concerning “the Bloody Sunday” incident, the Government indicates that it is the aftermath of simultaneous raids carried out by the police and the armed forces in Southern Luzon, which were, according to the spokesperson of the police in Region IV-A, conducted to serve search warrants for loose firearms and illegal possession of explosives. Nine people died – Emmanuel “Manny” Asuncion, Chai Evangelista, Ariel Evangelista, Melvin Dasigao, Mark Bacasno, Abner Esto, Edward Esto, Dumagat Puroy and Randy “Pulong” Dela Cruz. The IAC Secretariat reported in September 2022 that the case was being continuously monitored. The Government indicates, in particular:

D. The Committee’s conclusions

1. 658. The Committee recalls that the present case concerns allegations of a deteriorating 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 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 with its damaging effect on the exercise of trade union rights.
2. 659. The Committee notes that a High-Level Tripartite Mission took place in the country from 23 to 26 January 2023, as had been requested by the Conference Committee on the Application of Standards in its June 2019 recommendations on the application of Convention No. 87.
3. 660. With regard to the initial allegations and the status of the cases concerning the murders of Antonio “Dodong” Petalcorin, Emilio Rivera and Kagi Alimudin Lucman (recommendation (a)), the Committee recalls that the murders took place in 2013 and that the Government has indicated on several occasions that they were, or continue to be, investigated through the regular processes of criminal investigation and prosecution. While taking due note of the Government’s indication that the three cases continue to be under investigation and that a number of measures have been put in place to facilitate the tracking of suspects who remain at large, including coordination between the relevant law enforcement agencies, the Committee regrets to observe that no real progress appears to have been made in bringing the perpetrators to justice in the three cases. While further acknowledging the challenges of investigating and prosecuting criminal behaviour that occurred almost ten years ago and where suspects remain at large, 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.
4. 661. Concerning the additional allegations communicated by the ITF, the UMA and the NFSW-FGT in March and June 2021 (recommendations (b) and (c)), 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 extra-judicial 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. The Committee notes the Government’s indication that many of the alleged incidents are at various stages of the investigative, prosecutorial and judicial processes in fully functioning national institutions, including the regional tripartite monitoring bodies. In particular, the Government informs that five cases of alleged killings are under police investigation – the cases concerning Leonardo Escala, Alexander Ceballos, Flora Gemola, Ronald Manlanat and Felipe Dacal-Dacal – and three are pending before the courts or trials on charges of murder are ongoing – the cases of Ariel Diaz, Julius Broce Barellano and the nine Sagay farmers. The Committee observes that the Government does not provide any concrete information on the other allegations raised by the complainants, in particular on two additional cases of extra-judicial killings and numerous instances of illegal detention and red-tagging (see 396th Report, October 2021, paragraphs 515–517), but indicates its commitment to monitor these cases, while also emphasizing the challenges it faces (for example high number of incidents, time that has elapsed).
5. 662. Taking due note of the above developments reported by the Government, the Committee recalls that it has previously expressed deep concern at the gravity of the allegations made, as well as at their repeated and prolonged nature, resulting in a climate of violence and impunity with an extremely damaging effect on the legitimate exercise of trade union rights in the country. In this context and further recalling 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 of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 92], 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 above 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. The Committee also urges the Government to ensure the immediate release of any detained trade unionists, should their arrest or detention be connected to the legitimate exercise of their trade union rights.
6. 663. Regarding the additional information provided by the complainants in September 2021, the Committee observes that it concerns allegations of an increase in trade union repression and deprivation of workers’ right to organize since 2017, with a serious impact on the trade union movement in the country. In particular, the Committee observes that the complainants denounce the killing of six unionists – Danny Boy Bautista, Reynaldo Malaborbor, Emmanuel “Manny” Asuncion, Melvin Dasigao, Mark Lee Bacasno and 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 the complainants argue are part of a state policy to prevent workers from organizing and to hinder genuine trade unionism in the country. The Government, for its part, does not address the broader allegations of a state policy of trade union repression but provides updates on the alleged killings of trade unionists and activists. In this regard, the Committee notes the Government’s indication that the killing of Dandy Miguel on 28 March 2021 was endorsed to the IAC under Administrative Order No. 35 immediately after the incident, that a Special Investigating Team was created to facilitate investigation and that the case build-up and investigation are ongoing. The Committee further notes that the Government provides details on “the Bloody Sunday” incident referring to it as simultaneous raids carried out by the police and the armed forces in Southern Luzon, which, according to the police, were conducted to serve search warrants for loose firearms and illegal possession of explosives and during which nine people died – Emmanuel “Manny” Asuncion, Chai Evangelista, Ariel Evangelista, Melvin Dasigao, Mark Bacasno, Abner Esto, Edward Esto, Dumagat Puroy and Randy “Pulong” Dela Cruz. In this respect, the Committee observes the Government’s indication that, following a complaint of the National Bureau of Investigation, at least 30 police officers will be indicted for the killings of labour leaders Emmanuel “Manny” Asuncion and Ariel and Chai Evangelista and that the other incidents are investigated by the Special Investigating Team.
7. 664. In light of the latest allegations, the Committee must once again express deep concern at the repeated and serious allegations of killings or attempted killings of trade unionists and must recall that the right to life is a fundamental prerequisite for the exercise of the rights contained in Convention No. 87 [see Compilation, para. 81]. While further taking due note of the investigations undertaken and indictments to be filed against a number of state officials, as reported by the Government, the Committee also observes the complainants’ concerns that despite having notified the CHR, the DOLE and the judiciary of the above incidents, there is very slow progress in addressing these allegations. In these circumstances, the Committee recalls that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and, in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events [see Compilation, para. 94]. Furthermore, the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators. In view of the above, 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.
8. 665. The Committee further observes from the additional information that the complainants allege institutional criminalization of trade union activities, translated in practice by surveillance, threats and arbitrary arrests and detention of trade unionists based on false criminal charges and fake evidence, and denounce a continued policy of vilification and anti-union propaganda by the military, and red-tagging of the KMU and other unions as terrorist organizations, which lead to widespread threats and persistent harassment, raiding of homes and offices, fake surrenders as supporters of the NPA, forced disaffiliation and other forms of intervention in trade union affairs, all of which prevent workers from fully exercising their right to organize. In this regard, the complainants provide details on the circumstances leading to the arrest and detention on false criminal charges of around 76 unionists between February 2018 and March 2021, some of whom were later released on bail but continue to have cases pending against them before the courts, and elaborate on at least 14 other situations in which numerous unionists from various KMU-affiliated organizations active in several enterprises were subjected to different forms of harassment, intervention in union affairs and forced disaffiliation as a result of accusations of being associated with or supporting a terrorist organization. Finally, the Committee notes that the complainants denounce violent suppression of workers’ strikes and point to several instances between 2017 and 2019, in which the armed forces, the police and private security personnel resorted to the use of force (assaults, beatings with batons, metal bars and truncheons, throwing of stones and the use of formalin) to disperse striking workers in different sectors, resulting in injuries to numerous workers and the arrest and detention of more than 100 workers and union members, some of whom continue to have cases pending against them.
9. 666. Observing the lack of Government information in this regard, the Committee must express deep concern both at the gravity of these additional allegations and at their repeated and prolonged nature, which seem to have extremely damaging effects on the legitimate exercise of trade union rights in the country, as described in detail by the complainants. The Committee also observes with deep concern that, according to the complainants, the direct perpetrators of most of the above incidents are state agents, often in collaboration with private security personnel from the concerned companies, and that the violence and purposeful targeting of trade unionists are allegedly conducted in the framework of a state-sponsored scheme to silence legitimate organizations, including trade unions. In these circumstances and given the multitude of serious allegations made, the Committee must recall 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 [see Compilation, para. 116]. Concerning the complainants’ concerns as to the alleged criminalization of trade union activities and the assimilation of legitimate trade unions with terrorist organizations, the Committee recalls that blanket linkages of trade unions to an insurgency have a stigmatizing effect and often place union leaders and members in a situation of extreme insecurity. Allegations of criminal conduct should not be used to harass trade unionists by reason of their union membership or activities. It is not possible for a stable industrial relations system to function harmoniously in the country as long as trade unionists are subject to arrests and detentions. The criminal prosecution and conviction to imprisonment of trade union leaders by reason of their trade union activities are not conducive to a harmonious and stable industrial relations climate [see Compilation, paras 93, 80, 127 and 155]. Furthermore, respect for the principles of freedom of association requires that the public authorities exercise great restraint in relation to intervention in the internal affairs of trade unions and any coercion of workers or trade union officers to revoke their union membership would be contrary to these principles. Finally, regarding the allegations of violent dispersal of strikes, the Committee wishes to recall that while workers and their organizations have an obligation to respect the law of the land, the intervention by security forces in strike situations should be limited strictly to the maintenance of public order. The use of police for strike-breaking purposes is an infringement of trade union rights [see Compilation, paras 933 and 931].
10. 667. In line with the above, 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. 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. 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.
11. 668. Finally, with regard to the climate of violence and insecurity previously alleged in this case (recommendation (d)) and further denounced in the latest information from the complainants, the Committee notes that the Government recognizes the long-standing issues pending before the Committee and indicates its intention to objectively address these. In particular, the Committee takes note of the Government’s indication that it has adopted a policy to engage in dialogue with labour organizations, including those affiliated with the complainants in this case, in order to obtain more precise information on the numerous complaints of harassment, red-tagging and violence directed at trade union members, which, according to the Government, aims at improving the environment for the exercise of trade union rights in the country. The Government also indicates that, in order to address the widely criticized practice of some judges to issue warrants that could be implemented outside their jurisdiction, the Supreme Court issued an administrative order expressly limiting the effect of judicial warrants within the issuing judge’s territorial jurisdiction. The Committee further observes the information provided by the Government to the Committee of Experts on the Application of Conventions and Recommendations, indicating that, in its judgment from December 2021, the Supreme Court declared that the Anti-Terrorism Act was not, as a whole, unconstitutional but nullified two of its provisions, including one which allowed for an overly vague interpretation of what constitutes terrorism so that it would no longer include broad references to advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights.
12. 669. Taking due note of these measures and initiatives, the Committee wishes to recall that a free and independent trade union movement can only develop in a climate free of violence, threats and pressure, and it is for the Government to guarantee that trade union rights can develop normally [see Compilation, para. 87]. In line with the above, 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.
13. 670. The Committee draws the particular attention of the Governing Body to the extreme seriousness and urgency of this case.