Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 278, Juin 1991

1. 128. The Committee has already examined the substance of this case on three previous occasions, each time presenting interim conclusions to the Governing Body, the most recent of which were approved in May-June 1990 (see 272nd Report, paras. 294 to 311).
2. 129. The Government supplied certain further comments on this case in a communication dated 18 December 1990, which was noted by the Committee at its February 1991 meeting, when the Committee requested the Government to transmit the observations on the outstanding aspects of the case which it had stated it would send shortly (277th Report, para. 5, approved by the Governing Body at its 249th Session, February-March 1991).
3. 130. 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. Previous examination of the case

1. 131. This case involves serious allegations of military or paramilitary repression of the complainant's local affiliate (the National Federation of Sugar Workers- Food and General Trades, NFSW-FGT) in its efforts to protect the rights of sugar workers in Negros Province.
2. 132. Following the various examinations of the case, two main sets of allegations remain outstanding: first, a series of allegations concerning specific incidents involving individual trade union leaders and activists (such as the murders in 1986, 1987 and 1988 of Messrs. Emalay, Pastidio, Villacuatro, Cayao and Tampinco; continuing court proceedings into the murder of Mr. Aldarico Antojado in 1986 and of Mr. Oscar Bantayan in 1988, and into the abusive arrest of Ms. Prima Balaud, widow of union organiser Tito Balaud); and secondly, a general inquiry into the role and powers of the various peace-keeping bodies that have been active- according to the complainant- particularly against trade unionists and their organisations on the pretext that they are subversives.
3. 133. The Government's replies have advised of police investigations into the various incidents, of court proceedings under way and of administrative inquiries into the allegations, most of which have either been abandoned due to lack of evidence or have been making only very slow progress through the different jurisdictions involved. For example, suspects were charged in early 1988 in the Antojado murder case and the Balaud abusive arrest case, but the judgements in the criminal proceedings are still awaited. In addition, the Government's past replies have included details on its efforts to maintain peace and order in general in the country, but there were few, if any, references to specific protection of union leaders or organised labour against violence and harassment such as that documented in the IUF's complaint.
4. 134. In the light of the Committee's interim conclusions, the Governing Body, at its May-June 1990 Session, approved the following recommendations (see 272nd Report, para. 311):
   • (a)Given that investigations have reached an impasse for all of the five killings of unionists (in 1986 Mr. A. Emalay and Mr. M. Pastidio; in 1987 Mr. R. Villacuatro and Mr. A. Cayao; in 1988 Mr. J. Tampinco) on which the Committee had requested information, it can only recall that a genuinely free and independent trade union movement can only develop when fundamental human rights are respected and guaranteed.
   • (b)The Committee requests the Government to supply copies of the judgements to be handed down in the criminal proceedings against persons accused of the Antojado and Balaud matters, trials which it trusts will conclude in the not too distant future.
   • (c)It likewise requests the Government to supply more particulars on the inquiries into the Bantayan murder, such as whether suspects have been apprehended, charges laid and criminal proceedings initiated in the civil courts.
   • (d)Since it appears that the peace and order councils are not handling anti-union issues, the Committee requests the Government to supply further information on the roles and interrelationships of the various monitoring bodies now set up in the Philippines (including the Inter-Agency Sub-Committee on Citizens' Volunteer Organisations/CVOs) which could assist in investigating allegations of violations of trade union rights.

B. The Government's further information

1. 135. In its letter of 18 December 1990, the Government states that it will be furnishing the Committee with relevant information on the criminal proceedings against persons suspected of having murdered Mr. Antojado and Mr. Balaud, and on the operations of the Philippines Commission on Human Rights and the various inter-agency committees to promote recognition of human rights in the country, as they become available.
2. 136. With regard to the Committee's comments on the Civilian Armed Forces Geographical Units (CAFGUs) made during its previous examination of this case (see 272nd Report, para. 310), the Government states that it finds nothing ambiguous about them. Their creation originated in the State's exercise of an inherent attribute of sovereignty, namely to protect citizens from violence and to maintain peace and order in the country. According to the Government, the fact that there is a growing insurgency in the country is, under any legal system, sufficient justification for the State to exercise this power. It is a matter involving the State's very survival and the Government feels that it cannot jeopardise the safety of the majority of its citizens by abolishing these units.

C. The Committee's conclusions

1. 137. Firstly, the Committee notes that the criminal proceedings concerning the 1986 Aldarico Antojado murder (in the Regional Trial Court in San Carlos City, Negros Occidental) and the abusive arrest in 1987 of Ms. Prima Balaud, widow of Tito Balaud (a civilian court is now seized with jurisdiction) are continuing. It expresses its regret at the length of time it is taking to administer justice in these serious matters.
2. 138. The Committee recalls that it has been faced with such lengthy proceedings- which risk resulting in a denial of justice and a further deterioration in the human rights climate- in several past cases against the Government of the Philippines involving murders of trade union leaders and activists. It therefore once again draws the Government's attention to the importance of prompt trials aimed at fully ascertaining the facts, determining responsibilities and punishing those responsible (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 78) and asks it to continue to keep the Committee informed of developments in these proceedings, and in particular to provide a copy of the final decisions as soon as judgements are rendered.
3. 139. Secondly, the Committee notes that the Government's reply contains no further details on inquiries into Oscar Bantayan's murder (which was described in detail in the Committee's 268th Report, para. 465). Accordingly, it must express its deep regret that such serious and detailed allegations have remained without any concrete follow-up from the authorities for some time. Not only does the fact that such crimes go unsolved bode poorly for the law enforcement agencies in the country, but, as they so often involve trade union activists, the Committee feels that the labour movement's confidence in the national legal institutions may be weakened unless more is done to track down suspects in these cases.
4. 140. The regrets expressed above by the Committee lead it to its third concern in this case, namely the enigma that, whereas there has been a well-documented proliferation of written guidelines, inter-agency committees and high-level bodies all aimed at helping the country overcome the current lawlessness, violence against and harassment of trade unions and their members appear to increase with impunity. On this point, the Committee appreciates the Government's statement on the role of the State in preserving law and order, but would recall that it has already queried (272nd Report, para. 310) the usefulness of the creation of so many new agencies, hierarchies and committees at a juncture when the regular police and armed forces themselves appear unable to cope with the task and even have some of their own members implicated in crimes against unionists.
5. 141. Already at its first examination of this case in November 1988, the Committee noted the Government's description of new measures designed to improve the lot of the workers and to protect their rights (see 259th Report, paras. 576 to 579). Among these, and more recent measures, have been: the repeal of certain repressive labour laws used under the Marcos regime; the adoption on 30 October 1987 of guidelines to limit the powers of civilian volunteer organisations; the creation in 1986 of the Philippines Commission on Human Rights and its introduction of witness protection schemes, education seminars for the military, etc.; the adoption on 11 March 1988 of the Executive Order No. 309 to reorganise the Peace and Order Council, the regulations and rules of which also monitor the powers of CVOs.
6. 142. At its second examination of this case (268th Report, para. 480), the Committee expressed its belief that, in view of these measures, the structure now existed for a rapid and thorough examination of all complaints of violation of human rights concerning trade unionists. However, given the lack of success in protecting unionists in the framework of this new machinery, and faced with a direct contradiction between the complainant's view of these measures and the Government's explanations, the Committee can only repeat its call- made in the context of a similar complaint pending against the Government for violations of trade union rights in the country as a whole (Case No. 1444, examined most recently at the Committee's February 1991 meeting, 277th Report, paras. 303 to 334)- for the immediate dismantling of all non-regular armed groups/private armies and militias/CAFGUs and their special auxiliary units and such bodies.
7. 143. Lastly, the Committee would again draw the Government's attention to the importance it has always attached to respect for certain civil liberties, without which trade union rights cannot be fully exercised. These civil liberties are listed in the resolution on trade union rights and their relation to civil liberties adopted by the International Labour Conference in 1970 and include security of the person, freedom from arbitrary arrest and detention, the right to a fair trial and the right to protection of trade union property.