Rapport intérimaire - Rapport No. 259, Novembre 1988

1. 564. The International Union of Food and Allied Workers' Associations (IUF)
   • presented allegations of violations of trade union rights against the
   • Government of the Philippines in a communication dated 12 October 1987. It
   • presented further information in letters of 5 April and 20 September 1988. The
   • Government supplied its observations on the allegations in communications of
2. 14 April and 13 May 1988.
3. 565. The Philippines have ratified the Freedom of Association and
   • Protection of the Right to Organise Convention, 1948 (No. 87), the Right to
   • Organise and Collective Bargaining Convention, 1949 (No. 98) and the Rural
   • Workers' Organisations Convention, 1975 (No. 141).

A. The complainant's allegations

1. 566. In its communication of 12 October 1987, the IUF alleges that, on 4
2. July 1987, Mr. Amado Cayao, chapter president of the IUF's local affiliate,
3. the National Federation of Sugar Workers - Food and General Trades (NFSW-FGT),
4. was murdered near his home. It claims that this assassination is a part of the
5. continuing violence, intimidation and harassment exercised against members and
6. officials of the NFSW-FGT, apparently by units of the Philippine armed forces
7. and various para-military organisations.
8. 567. The IUF supplies a report prepared by its affiliate describing
9. repression of rural workers on Negros Island. According to this document,
10. three workers, active NFSW-FGT organisers in Northern Negros were ruthlessly
11. killed by armed groups believed to be supported by some miller-planters and
12. the military. Those murdered were: Uldarico Antojado, Anecito Emalay and
13. Moreto Pastidio. Messrs. Antojado and Emalay were leaders of the 17-day strike
14. in April 1986 and the former was allegedly picked up by several armed men; his
15. mutilated corpse was later found in a sugarcane field. Mr. Emalay was
16. allegedly attacked and shot dead in front of several passengers when riding a
17. bus to San Carlos City. Mr. Pastidio was allegedly killed by members of an
18. armed band for no reason other than belonging to the NFSW-FGT.
19. 568. According to the document, despite eye-witness accounts, the armed
20. groups responsible for these 1986 killings remain free and terrorise organised
21. sugar workers with impunity. It claims that the current Government's
22. enunciation of human rights as a cornerstone of social policy has not affected
23. the Philippine countryside. In Negros, organised workers who criticise the
24. unjust social structures and political repression are branded as communists
25. and suffer other adverse propaganda, notably from the landlords. The document
26. lists brutalities suffered in 1987 by other NFSW-FGT members: Rodrigo
27. Villacuatro was killed by members of the armed independent groups operating in
28. the Toboso region; in February three further members in the towns of Sitio,
29. Hilumunan and Kabankalan were detained without charges by the 7th Infantry
30. Battalion; in April 12 members were arbitraily arrested by the 11th Infantry
31. Battalion in connection with a guerilla ambush of government troops and were
32. released the next day after interrogation; on 17 May two organisers, Francisco
33. and Joseph Guillermo, suffered serious gunshot wounds when walking home in a
34. sugar field in Magalona town; on 28 May nine members (Jesus Quanteros,
35. Narciso Malalay, Marly Malalay, Wilfredo Baruca, Nerissa Bautista, Carmen
36. Malalay all from the Longga plantation, and Leopoldo Oliveras, Mondejar
37. Dominado and Mr. Antonio from the Mandaya plantation) were arrested and
38. detained by the 11th Infantry Battalion in Canlaon City on suspicion of being
39. members of the New Peoples Army (NPA) and all except Nerissa Bautista (12
40. years old, detained at La Castellana to do household chores for the soldiers)
41. were subsequently released; on 3 June four members (Persie Moyong, Emmanuel
42. Genoves, Edgar Ostan and Eduardo Ostan Snr.) were arrested by the 11th
43. Battalion in Camansi and all except Mr. Genoves were released after an
44. intervention by the NFSW lawyer with the battalion commander; on 22 June Mrs.
45. Prima Balaud, widow of union organiser Tito Balaud, and four other NFSW
46. members (Belinda Balaud, Mariano Yunson, Arguiles Yunson and Rebecca Yunson)
47. were arrested by the 7th Infantry Battalion and later released after
48. interrogation on condition that they report weekly to the detachment at
49. Kabankalan; on 25 June the union Vice-President Romeo Bulina and four other
50. union officers (Romeo Tenessa, Rod Tenessa, Clarita Salde and Joel Estrella)
51. were roused from their sleep by soldiers accusing them of being rebel
52. supporters and are still in military detention; on 28 June three members
53. (Arturo Mandiruya, Ruby Sanse and Virgilio Sardon) were held briefly by the
54. 6th Infantry Battalion in Isabela town. It gives details of the slaying on 4
55. July of chapter president Amado Cayao whose body was found riddled with
56. bullets beside a canefield near his house. Eye witnesses allegedly saw eight
57. armed men in camouflaged uniforms strafing nearby workers' houses.
58. 569. The document also describes harassment of rural workers over the same
59. period in an effort to coerce them not to join the NFSW. It claims that in
60. negotiations with government and military representatives over violence on
61. Negros Island, the issue of human rights violations was diverted by the
62. military who referred to anti-communist and anti-insurgency measures.
63. 570. The complainant also attaches a list entitled "Victims of military
64. operations" detailing physical damage to residents and their property
65. (particularly burning and strafing of their houses and theft of water buffalos
66. and livestock) in the following townships: Binalbagan, Himamaylan, La
67. Castellana, La Carlota City and Pontevedra.
68. 571. In its communication of 5 April 1988, the IUF alleges further
69. repression in January and February 1988 of members of its affiliated union,
70. the NFSW-FGT: Carmelina Cornelio of New Escalante was harassed and strafed by
71. police on 6 January. In addition it states that 32 named persons were
72. arbitrarily arrested and/or detained by police detachments (see Annex).
73. 572. In its letter of 20 September 1988, the IUF alleges that on 3 July
74. 1988 José "Joe" Tampinco, member of the executive board and head of the
75. education committee of the NFSW, was murdered while participating at a
76. gathering in Bacolod. It expresses its serious concern at the deterioration
77. of the situation in the Philippines and states that the Government is unable
78. to comply with Conventions Nos. 87 and 98 which it has ratified. Newspaper
79. clippings attached to the letter report that Mr. Tampinco was gunned down by
80. suspected New People's Army "Sparrow" gunmen.
81. B. The Government's reply
82. 573. In its letter of 14 April 1988, the Government states that the
83. Department of Labor and Employment has inquired into the specific cases of
84. human rights violations presented by the IUF, but had some difficulties in
85. securing information from the various agencies involved because of ongoing
86. reorganisation within the military and the Government itself.
87. 574. It states that the Philippines Commission on Human Rights had received
88. complaints from only two of the alleged victims mentioned in the NFSW-FGT
89. document, namely Aldarico Antojado and Mrs. Balaud. The former's case has been
90. evaluated by the Commission and a formal complaint is now pending before the
91. regional trial court of San Carlos City. The military personnel allegedly
92. involved in the case of Mrs. Balaud have already been identified and placed
93. under restrictions at the Philippine constabulary headquarters in Camp
94. Delgado, Iloilo City for investigation and appropriate legal action that may
95. result therefrom. The cases of the other victims, in particular the alleged
96. murder of Amado Cayao, whose lawyers or family did not file any formal
97. complaints are none the less being investigated by the Commission's regional
98. office. There are about 30 cases from Negros Occidental docketed in the
99. Philippines Commission on Human Rights concerning alleged human rights
100. violations of farm workers in the areas of Kabankalan, Himamaylan, La
101. Castellana, La Carlota City, Pontevedra and Binalbagan; but the names of the
102. complainants are not those listed in the present case, or similar to them.
103. These cases are being investigated by the Commission.
104. 575. The Government states that it has instructed the Labor Department's
105. regional office (which has jurisdiction over the area where the alleged
106. killings and harassment took place) to conduct its own investigation into the
107. NFSW-FGT report. It is now in the process of gathering documentary evidence
108. that would clarify the matter. Initial reactions received from the Philippine
109. Constabulary provincial command indicate that some of the NFSW officers and
110. members are involved in insurgency activities. It has been alleged that some
111. are not only sympathisers but are party members of the Communist Party of the
112. Philippines. The Government also undertakes to raise the specific complaints
113. during the dialogue with the military provincial commanders in the affected
114. areas. These complaints will also be placed on the agenda of the Regional
115. Labor-Management Council meeting in the affected areas.
116. 576. The alleged involvement of armed groups or the so-called "vigilantes"
117. is likewise being investigated. According to the Government, there has been
118. an alarming increase in the number of insurgent, terrorist-instigated violent
119. incidents which have caused the spontaneous proliferation of civilian
120. volunteer organisations for community self-defence against criminals and other
121. lawless elements. In order that respect for the law and human rights is
122. observed by these volunteer organisations, guide-lines on their formation and
123. functions were issued on 30 October 1987. The guide-lines provide, inter alia
124. that: (1) that volunteer organisations shall exclusively be for self-defence
125. and protection; (2) membership shall be purely on a voluntary basis and
126. thoroughly screened to eliminate criminal elements; (3) such organisations
127. shall not engage in any activity contrary to the law and any member who
128. commits any offence punishable by law shall be prosecuted accordingly. They
129. are also not allowed to operate against any threatening group except in the
130. exercise of the right of self-defence. A monitoring mechanism has likewise
131. been set up so that the guide-lines and safeguards can be carried out.
132. According to the Government, the guide-lines seek to ensure that civilian
133. volunteer self-defence organisations do not commit any abuses and that victims
134. or complainants will receive justice and the abusers be investigated and
135. charged in court when warranted. The Government supplies a copy of the
136. guide-lines.
137. 577. The Department of Labor and Employment is now co-ordinating with the
138. Department of National Defence, the Department of Local Governments and
139. Community Development, and the relevant units in the military regarding the
140. alleged detention, harassment and disappearance of the other persons named in
141. the complaint. It will inform the Committee of developments in this matter.
142. 578. The Government stresses that it is committed to improve the lot of
143. workers and to protect and uphold their rights to self-organisation and
144. collective bargaining. It explains that the Philippines Constitution of 1986,
145. which was ratified by 70 per cent of the Filipino people, expressly afforded
146. full protection to labour, local and overseas, organised and unorganised. It
147. points out that even before the promulgation of the said Constitution,
148. President Aquino issued Executive Order No. 111 which amended or repealed
149. provisions of the Labour Code that tended to repress the rights of workers and
150. their trade unions. A review of the labour laws is currently being conducted
151. so as to align them with the mandate of the new Constitution and the aims of
152. government programmes to promote the economic and social well-being of the
153. people.
154. 579. In conclusion, the Government states that it is likewise committed to
155. upholding and respecting civil liberties and human rights. For example,
156. barely a month after the installation of the new Government in 1986, the
157. Presidential Committee on Human Rights was created. The Committee was
158. mandated to investigate cases of unexplained or forced disappearances,
159. extra-judicial killings, massacres, torture, food blockades and other
160. violations of human rights, as well as to propose procedures and safeguards to
161. ensure that human rights are not violated by officers or agents of the
162. Government or by persons acting on their behalf or under their orders. The
163. 1986 Constitution created an independent constitutional office called the
164. Commission on Human Rights (CHR) to investigate, on its own initiative or on
165. complaint by any party, all aspects of human rights. The Government supplies
166. a copy of sections 17 to 19 of the Constitution describing the CHR. The
167. Government reiterates its adherence to the principle of free trade unionism
168. and its commitment to protect and uphold workers' rights. It observes that it
169. has taken the country two years to establish the institutions of democracy: a
170. President, a Supreme Court and Congress and states that it will take several
171. more years to restore democracy in every Filipino's way of life.
172. 580. The Government's communication of 13 May 1988 advises that according
173. to the records of the CHR neither the NFSW nor the relatives of Amado Cayao
174. has filed any complaint against the alleged perpetrators of his murder from
175. the military ranks. Notwithstanding this, the Commission has on its own accord
176. conducted an investigation into this case. The Department of Labor is
177. co-ordinating closely with this body and has also requested the military
178. commander of Bacolod Province to inquire into the same case. It undertakes to
179. inform the Committee of the outcome of these investigations as soon as these
180. are available.

C. The Committee's conclusions

1. 581. The Committee notes that this case involves serious allegations of
   • military or para-military repression of members of the complainant's local
   • affiliate in their efforts to function in Negros province. These allegations
   • include: (1) violent murders of union leaders and unionists (in 1986 Uldarico
   • Antojado, Anecito Emalay, Moreto Pastidio; in 1987 Rodrigo Villacuatro and
   • Amado Cayao; in 1988 José "Joe" Tampinco); (2) woundings (on 17 May 1987
   • Francisco and Joseph Guillermo); (3) arbitrary arrests and detentions (Jesus
   • Quanteros, Narciso Malalay, Marly Malalay, Wilfredo Baruca, Nerissa Bautista,
   • Carmen Malalay, Leopoldo Oliveras, Mondejar Dominado, Mr. Antonio, Perse
   • Moyang, Emmanuel Genoves, Edgar Ostan, Eduardo Ostan Sr., Prima Balaud,
   • Belinda Balaud, Mariano Yunson, Arguiles Yunson, Rebecca Yunson, Romeo
   • Bulina, Romeo Tenessa, Rod Tenessa, Clarita Salde, Joel Estrella, Arturo
   • Mandiruya, Ruby Sanse, Virgilio Sardon), seven of whom remain in detention
2. (12-year-old Nerissa Bautista, Emmanuel Genoves, Romeo Bulina, Romeo and Rod
   • Teressa, Clarita Salde, Joel Estrella).
3. 582. There are also allegations concerning destruction of or damage to
   • rural workers' houses and household property and arbitrary arrests and
   • detentions of 32 persons connected to the NFSW-FGT without specifying if these
   • acts were related to trade union activities.
4. 583. The Committee's first observation is that the Government's reply
   • itself indicates that, in some cases, the arrests of NFSW officers and members
   • had nothing to do with their trade union functions, but were linked to alleged
   • insurgency activities and membership of banned rebel or political
   • organisations. Allegations of such a nature do not fall within the competence
   • of the Committee (Digest of decisions and principles of the Freedom of
   • Association Committee, 1985, para. 201.) On the other hand, the Committee
   • has always been careful in such situations to note that measures which
   • although of a political nature and not intended to restrict trade union rights
   • as such may, nevertheless, be applied in such a manner as to affect the
   • exercise of such rights (Digest, para. 197). The Committee would therefore
   • request more details from the Government as to the reasons for the arrests of
   • the persons listed by the complainant and the specific charges laid against
   • the seven who remain in detention.
5. 584. The Committee welcomes the fact that an independent, high-level body -
   • the Philippines Commission on Human Rights (CHR) - is investigating the cases
   • of human rights violations alleged in the complaint, in particular the murder
   • of Amado Cayao. The Committee notes in this connection that two of the events
   • listed by the complainant had already been the subject of inquiry by the CHR,
   • leading in the case of Mr. Antojado's death, to a trial before the San Carlos
   • City court and, in the case of Ms. Balaud's arrest, to charges against certain
   • military personnel. The Committee looks forward to receiving from the
   • Government the final court decisions in the Antojado and Balaud cases, as well
   • as information on developments in the CHR's own inquiries into the NFSW-FGT's
   • allegations of deaths, woundings and arbitrary arrests and detentions of union
   • officials and members in Negros Province.
6. 585. At the same time, the Committee would appreciate receiving
   • clarification from the Government as to the CHR's proceedings and
   • effectiveness. For example, it is clear from the Constitution that the CHR
   • can request assistance from any department or agency in the performance of its
   • functions, but there is no explanation of its relationship to the National
   • Bureau of Investigation and the ordinary criminal or military courts, or
   • whether police investigations are suspended during the CHR's inquiries. The
   • Committee would recall in this connection that detained trade unionists, like
   • anyone else, should benefit from normal judicial proceedings and have the
   • right to due process, in particular, the right to be informed of the charges
   • brought against them, the right to have adequate time and facilities for the
   • preparation of their defence and to communicate freely with counsel of their
   • own choosing and the right to a prompt trial by an impartial and independent
   • judicial authority (Digest, para. 110), the Committee has in fact emphasised
   • the importance of prompt and fair trial by an independent and impartial
   • judiciary in all cases, including cases where trade unionists are charged with
   • political or criminal offences which the Government might consider as having
   • no relation to their trade union functions. (Digest, para. 113.)
7. 586. As regards the alleged role of vigilante groups in the harassment and
   • repression of trade unionists in rural areas of Negros Province, the Committee
   • takes note of the Government's detailed guide-lines issued in October 1987 in
   • an effort to limit their activities to non-aggressive self-defence and to
   • avoid lawlessness. From the copy of the guide-lines supplied, it appears that,
   • in addition to a regular monthly report to the Armed Forces Chief of Staff
   • listing the leaders, locations and firearms-carrying members of such groups,
   • there is an Inter-Agency Subcommittee having regional monitoring subcommittees
   • which can investigate complaints against abuses by such groups. The
   • Government's reply is silent as to whether any of the incidents detailed by
   • the complainant have been reported to this supervisory body, but refers to
     • co-ordinated inquiries by the Departments of Labor and Employment, National
   • Defence, Local Governments and Community Development and the relevant units of
   • the military. The Committee requests the Government to inform it of the
   • outcome of these inquiries, including details as to whether members of
   • civilian volunteer self-defence groups are in fact identified as perpetrators
   • of the violence to persons and to property in Negros Province as listed by the
   • complainant, as well as details on any charges brought and trials completed.
8. 587. The Committee takes due note of the Government's commitment to the
   • protection of workers' rights and trusts that it is this spirit which will
   • ensure timely and fair investigations by all parties concerned into the
   • complainant's allegations so that the Committee will have full particulars
   • before it to allow a thorough examination of the case.

Z. ANNEX

• ALLEGATIONS CONCERNING POLICE ARRESTS AND DETENTIONS IN JANUARY AND
• FEBRUARY 1988
  1. 1 Martin Monarca, Consuelo, La Carlota City (released 14.11988)
  2. 2 Rolando Villamor, Sitio Biernesan, Pinapugasan, New Escalante.
  3. 3 Perlito Mahilom, Sitio Biernesan, Pinapugasan, New Escalante.
  4. 4 Audie Velasco, Maria Jose Farm, Magalona (released 12.1.1988).
  5. 5 Edwin Bargamento, Emma Farm, Manapla (released 12.1.1988).
  6. 6 Bienvenido Sagal, Sitio Biernesan, Pinapugasan, New Escalante.
  7. 7 Larry Durimon, Sitio Biernesan, Pinapugasan, New Escalante.
  8. 8 Dionesio Guinsatao, Pontevedra (missing as of 13.2.1988).
  9. 9 Romulo Lauriano.
  10. 10 Edwin Jacosalem.
  11. 11 Joseph Bentic.
  12. 12 Fred Guillema.
  13. 13 Belle Meniale.
  14. 14 Agustin Jovenes.(released on 29.1.1988)
  15. 15 Willy Alcantara.
  16. 16 Rene Pelayo.
  17. 17 Rodrigo Aquino.
  18. 18 Francisco Alcantara.
  19. 19 Salvador Piorato.
  20. 20 Eugene Lachica.
  21. 21 Romeo Eder.
  22. 22 Cresenciano Palermo.
  23. 23 Roberto Apuhen, Benitin Farm Murcia.
  24. 24 Alan Aligno.
  25. 25 Linda Sotomayor.
  26. 26 Henry Norbes.
  27. 27 Carlito Norbes.
  28. 28 Rodolfo Samson.
  29. 29 Nilo Dayapan.
  30. 30 Daniel Dayapan.
  32. 32 Pedrico Topic (released 5.2.1988).