Rapport intérimaire - Rapport No. 284, Novembre 1992

1. 814. The Committee already examined this case at its November 1991 meeting when it presented interim conclusions to the Governing Body (see 279th Report, paras. 563 to 585, approved by the Governing Body at its 251st Session, November 1991). On 10 February 1992, the Kilusang Mayo Uno (KMU) presented further allegations of violations of trade union rights against the Government of the Philippines.
2. 815. The Government supplied its further observations in letters dated 22 April and 13 May 1992.
3. 816. The Philippines have 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. 817. The complainant alleged that it suffered various forms of anti-union repression at the hands of the Philippines Government (a threat to illegalise or "ban" it, arbitrary arrests - including the arrest and release on bail of its Chairperson, Mr. Crispin Beltran - harassment through arbitrary court cases and refusal to grant rally permits and the killing of 11 named KMU leaders and members (following incidents during a four-day general strike which commenced on 24 October 1990 and protest strikes of 16 November and 10 to 15 December 1990.
2. 818. The Government replied that the calls made by some government and military officials for the banning of the KMU after its members had engaged in violence during strikes were merely personal opinions not officially sanctioned. It maintained that no KMU members were arrested for membership of that organisation, but that some had been charged with sedition and would be tried under the present administration of justice. The concerned agencies were investigating the other specific allegations of anti-union violence, and the Government strongly denied that it had adopted a total war policy against the complainant union. It recalled the cornerstones of government policy: improving the quality of life and protecting basic rights and freedoms.
3. 819. At its November 1991 Session, the Governing Body approved in particular the Committee's following recommendations:
   • - Noting with concern that KMU Chairperson, Mr. Crispin Beltran, was arrested on 30 October 1990 without a warrant, then charged with many offences including sedition and is presently released on bail, it requests the Government to inform it of progress in the proceedings against this trade union leader.
   • - The Committee asks the Government to supply as a matter of urgency specific information on any police, judicial or Philippines Commission on Human Rights inquiries into the murders of the following 11 unionists: Ferdinand Peraro, Reynaldo de la Fuente and Aguinaldo Marfil; Rey Olano; Perlito "Boy" Lisondra, Apolonion Alecanio and Ike Hernandez; Roger Magbujos; Oscar Lazaro; Lino Arog; and Ronelo Gionolos.

B. The complainant's further allegations

1. 820. In its letter of 10 February 1992, the KMU asks that there be a visit to the country to look into the widening pattern of trade union repression in the Philippines.
2. 821. It refers to reports of non-governmental organisations which list the following cases of anti-union violence: two workers executed extrajudicially; 104 arrested and detained; six killed; six attempted murders; ten tortured; 233 physically and mentally assaulted; two abducted; 18 harassed. It also refers to the January 1991 report of the United Nations Working Group on Enforced or Involuntary Disappearances which noted that the armed forces have promoted the "total approach counter-insurgency strategy" (or total war policy) through direct action by military and police personnel and through systematic and growing use of the civilian population, for example using the Citizen Armed Forces Geographical Units (CAFGUs). The UN report stated that "The Communist Party/National People's Army is perceived (by the military) as the factor explaining not only insurgent military actions but also manifestations of social protest and any kind of dissident activity." According to the complainant, companies thus used this "red scare" tactic to discourage workers from joining KMU unions; being accused of communist sympathies can increase the likelihood of becoming a victim of arbitrary arrest, illegal detention, summary execution or "disappearance".
3. 822. The KMU repeats its fears about the use of warrantless arrests against trade unionists following the Supreme Court's 1990 ruling upholding this practice where subversion is suspected (see previous examination of this case: 279th Report, para. 570). It quotes newspaper reports that in Manila alone, in the year following the Supreme Court's decision, there were 1,074 illegal arrests and detentions. On 14 October 1991, the Supreme Court reaffirmed its ruling in response to appeals by human rights organisations for its abolition. The KMU points out that a dissenting Supreme Court judge expressed concern at the increasing assaults on liberty and questioned the ability of the arresting authorities to discern whether a suspect was really a subversive.
4. 823. The KMU also repeats its allegation that the Government supports armed civilian groups, despite its claim not to condone their existence. According to an Amnesty International report, there are about 90,000 CAFGU members throughout the country. Recalling the 1988 call of the Philippines Senate Committee on Justice and Human Rights for the dismantling of the CAFGUs, the KMU refers to further findings by that Senate Committee, approved on 6 December 1990, a copy of which is supplied. According to the report, workers have continued to suffer violations of their rights at the hands of government-backed forces. It cites the example at the Atlas mines where the transformation of vigilantes into a CAFGU group - which was trained by the military and paid by management - did not ease the climate of anti-union violence in the mines. Linked to this attitude of support is the issue of impunity and the fact that victims and their relatives chose to keep silent for fear of reprisals from government forces.
5. 824. According to the complainant there have been the following further deaths and attempted murders:
   • - José Lascano Jr., an active trade unionist was illegally arrested and detained by the Capital Regional Command East Sector on 3 January 1991 and found dead the next day, riddled with bullets; the military issued a press statement on 5 January denying that he had been arrested and claiming that he was killed in an encounter during a military operation.
   • - Asislo Pana and Alexander Cervantes, active in forming a trade union in the truck company where they worked, were found dead of gunshot wounds on 9 November 1991; management claimed that they had been eliminated by the union because they were scabs, but the National Federation of Labor Union (NAFLU/KMU) which was helping organise the union called this story "absurd".
   • - Ricablanca family massacre: on 4 November 1991 the father and one son were shot dead when armed police informers attacked their home and arrested, on charges of illegal possession of firearms and homicide, another son who was a unionist of the National Steel Corporation.
   • - Arnold Lardizabal, a union leader who refused to take a bribe, was fatally hit by a van on 26 June 1991 near his union's picket line at the Marathon Shoe Factory in Metro Manila.
   • - Rolando Bernardo was stabbed by three identified men on 17 July 1991 when on strike with workers of the Cervera Engineering Machine Shop Fabrication over unfair labour practice issues; the next day the owner of the company, Mr. Lito Cervera, fired his gun at three workers sleeping on the picket line, including José Dimabaya, the union president, who was later abducted by the owner in an attempt to coerce him to end the picket.
   • - Romeo Montemayor, secretary of Katipunan ng Manggagawa sa Lyontex-ANGLO-KMU, was shot in the leg by an unidentified security guard of Lyontex Mills, Inc. at Monatlban, Rizal on 5 September 1991.
   • - Salvador Pantaleon, Walberto Garquio and Wilnor Quibral were assaulted on 20 June 1991 for trying to form a union at the ACT Theatre in Quezon City.
6. 825. The KMU describes violence against various picket lines. First, when calling for recognition by management of the Fortune Security Guards Labour Union at the Fortune Tobacco Company premises at Parang, Marikina, a picket line of 70 unionists was first tear-gassed and then attacked by hired ruffians and police on 16 November 1991, resulting in the death of one unionist (Mr. Clemente Gallardo), the wounding of two, ten injured and three missing. A second incident involved the machine gun strafing of a picket line of workers of Maalikaya Health Complex Inc. on 6 July 1991; they had been on strike since 23 June over union busting issues; on 1 August the union president, Mr. Juanito Tolitel, was forcibly taken from the picket line and beaten up by unidentified men. Thirdly, there were repeated assaults in February and June 1991 against the picket line of workers of Sei-Hing Company located at Novaliches, Quezon City, which was protesting against the illegal dismissal of 34 workers; about 50 members of the Valenzuela police were involved claiming to have an injunction order issued by the National Labour Relations Council. Fourthly, during a dispersal operation on 26 July 1991 outside the Incognito Garments Company in Makati, three striking workers were arrested and union documents destroyed. Fifthly, police and ruffians assaulted and caused bodily injury at a series of picket lines: the Reliance Ceramics Manufacturing Corporation on 4 January 1991; the Conception Industries Inc. on 1 May 1991; the Vivian Garments Export Corporation on 10 May 1991; Ever Emporium Department Store on 13 September 1991; and Far East Assembly Corporation in Metro Manila on 17 October 1991. Sixthly, there were 40 illegal arrests at the Metro Manila Transit Corporation picket line on 24 October 1991; the strikers were released later that day for lack of charges.
7. 826. The KMU also lists numerous cases of allegedly illegal arrests of workers - in some cases without supplying names - without specifying whether the arrests were based on the union membership or activities of those concerned. It also refers to the following five incidents of arrest of local trade union leaders allegedly in an attempt to wear down and weaken local unions by removing their leaders:
8. (1) Geronimo Nicolete and Armando Basco were arrested without a warrant on 21 December 1990, and their trade union's property was confiscated in Quezon City, allegedly for belonging to outlawed political parties; they are still detained at Camp Karingal on charges of subversion and bail was denied.
9. (2) Alan Rubio and brothers Arlene and Herbert Tupas were arrested without a warrant on 11 November 1990 in Marikina, Metro Manila, for allegedly participating in an ambush of military members; they were beaten and Messrs. Arlene Tupas and Rubio were charged with arson and car theft and are still detained in Rizal Provincial Jail. Also in Marikina, on 3 January 1991, Messrs. E. Mission, E. Magpantay, J. Lascano and A. Baldomaro, were arrested for allegedly participating in a rebel ambush; they were beaten and tortured, and Mr. Lascano summarily executed; the three were charged with subversion but found not guilty and released on 17 July 1991.
10. (3) Constantino Lahay-Lahay was arrested on 15 January 1991 on suspicion of being a member of the National People's Army, was charged with subversion and is still detained at Camp Tomas Cabili while his trial continues at Regional Trial Court Branch IV. Certerio Bulingkit was arrested on 13 February 1991, charged with subversion before the same court as Mr. Lahay-Lahay and is held in the same camp.
11. (4) Jeremias Coralde was arrested on 28 June 1991 at Hijo Plantation, Davao City where he was union president and was only released after the city mayor issued a bond.
12. (5) Ruben Palaganas, Delia Ocon, Marilyn Miranda, Arnulfo Rosete, Jun Asento, Eddie Francisco, Rogelío Padilla, Melanio Andrade, Tony Monsalod and Joel Marpa, who were arrested and tortured on 7 July 1991 near Mount Pinatubo.

C. The Government's replies

1. 827. In its letter of 22 April 1992, the Government supplies information on inquiries into the murders of seven of the 11 unionists listed in the Committee's previous examination of the case:
   • - concerning Messrs. F. Pelaro, R. de la Fuente and A. Marfil, investigations are under way and the Philippines Commission on Human Rights (PCHR) is giving protection to the witness involved; criminal cases are expected to be filed soon against the suspect;
   • - concerning Mr. A. Alecanio, the case was brought to the proper authorities and to the PCHR, but the latter recommended that it be closed for lack of substantial evidence;
   • - concerning Mr. I. Hernandez, by his brother's admission he had been an active member of the outlawed National People's Army; investigations were conducted by the PCHR despite the absence of a complaint from his family; the PCHR closed the case for lack of evidence and for lack of pursuance of the case by the victim's family;
   • - concerning Mr. R. Magbujos, the national police report that his death on 14 September 1990 is still under investigation;
   • - concerning Mr. O. Lazaro, the press had reported that the police had arrested one of his suspected killers, a former military man, but this is unconfirmed.
2. 828. In its letter of 13 May 1992, the Government states that, at present, Mr. C. Beltran is free on bail and takes part in meetings and rallies of workers and their organisations. The free exercise of his rights has never been curtailed despite the criminal charges pending against him.

D. The Committee's conclusions

1. 829. The Committee regrets that while the Government has given certain further information on the investigations and proceedings concerning trade union leaders and members already listed in the previous examination of this case, it has not supplied information on the complainant's most recent allegations (dated 10 February 1992). They concern further incidents of anti-union violence in the form of six deaths, six attempted murders, numerous attacks on picket lines, illegal arrests allegedly based on false charges relating to membership of or activities in outlawed political organisations, and refer to 1991 reports of various independent international and national organisations which support the complainant's already-expressed fears regarding the anti-union bias of CAFGUs and the use of arrests without warrants.
2. 830. The Committee requests the Government to supply its observations on the most recent allegation of the complainant, and in particular to give detailed particulars on the further six murders and six attempted murders of trade union leaders listed in Part B above, on the numerous violent attacks on picket lines, and on the arrests of local trade union leaders listed in five incidents from late 1990 to mid-1991, 16 of whom apparently are still in detention awaiting trial (Geronimo Nicolete and Armando Basco; Arlene Tupas and Alan Rubio; Constantino Lahay-Lahay and Certerio Bulingkit; Ruben Palaganas, Delia Ocon, Marilyn Miranda, Arnulfo Rosete, Jun Asento, Eddie Francisco, Rogelío Padilla, Melanio Andrade, Tony Monsalod and Joel Marpa).
3. 831. Turning to the specific allegations on which information was supplied, the Committee notes that, according to the Government's reply, in the case of three murdered trade unionists (Messrs. F. Pelaro, R. de la Fuente and A. Marfil), criminal proceedings are expected to commence soon against the suspects, that the suspected murderer of Mr. O. Lazaro has reportedly been apprehended but that this is unconfirmed, that the cases of Messrs. A. Elicano and I. Hernandez have been closed by the appropriate authority for lack of evidence and that inquiries are continuing into the death of Mr. R. Magbuhos. It also notes that Mr. C. Beltran, KMU Chairperson, is awaiting trial on bail and is freely pursuing his union functions. It again asks the Government to supply information on the progress in his trial which, the Committee recalls, is based on charges of incitement to sedition, illegal assembly and certain other offences, as well as on developments in the case of the above-named three murdered trade unionists and on the inquiries into the death of Mr. R. Magbuhos.
4. 832. The Committee expresses its deep concern, observing that, according to the information sent by the Government, judicial investigations into the murder and disappearance of trade unionists rarely lead to identification of alleged culprits. In the Committee's opinion, this situation means that, in practice, the guilty parties enjoy impunity which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights.
5. 833. In addition, the Committee urges the Government to do its utmost to collect all available information on the four cases mentioned in its last examination of this case and on which there has been no specific information since the complaint was lodged in January 1991 (Messrs. Rey Olano, "Boy" Lisondra, Lino Arog and Ronelo Gionolos). In this respect it recalls that when disorders have occurred involving loss of human life, the rapid setting up of an independent judicial inquiry is a particularly appropriate method of ascertaining the facts in full, determining responsibilities, punishing those responsible and preventing the repetition of such acts in the future (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 78).
6. 834. With particular regard to the alleged illegal arrests without warrants of trade union - especially KMU-affiliated - leaders and members, the Committee repeats the concern it expressed in its 277th Report in the context of another case against the Government of the Philippines (see Case No. 1444, paras. 313 and 332, approved by the Governing Body in February-March 1991), and in which it acknowledged that the Philippines Supreme Court had upheld the practice in so far as it was restricted to cases of subversion. Noting the recent human and trade union rights reports referred to by the complainant in its latest allegations, as well as the reaffirmation of the use of warrantless arrests for subversion suspects handed down by the Supreme Court on 14 October 1991, the Committee recalls once again the importance that it attaches to trade unionism being exercised in a climate free from insecurity and fear and where the basic guarantees of due process should always be respected in the case of detained unionists. Moreover, given that some of the arrests referred to in the complainant's latest allegations date back to late 1990, the Committee again stresses that if a government has sufficient grounds for believing that persons arrested have been involved in subversive activity, those persons should be rapidly tried before the courts with all the safeguards of a normal judicial procedure (Digest, para. 114).
7. 835. With regard to the complainant's repetition of its fears about the anti-union bias of Civilian Armed Forces Geographical Units (CAFGUs), the Committee refers to the conclusions it is making in the present report in the context of Case No. 1444 against the Government of the Philippines, and in particular to the insistance on their dismantling.