Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 292, Marzo 1994

1. 297. The Committee already examined this case on two occasions, at its November 1991 and November 1992 meetings when it presented interim reports to the Governing Body (see 279th Report, paras. 563 to 585 and 284th Report, paras. 814 to 836, approved by the Governing Body at its 251st and 254th Sessions, respectively (November 1991 and November 1992)).
2. 298. At its November 1993 meeting (see 291st Report, para. 12), the Committee observed that despite the time which had elapsed since the last examination of the case, it had still not received the observations and information it had requested from the Government. The Committee drew the attention of the Government to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, it could present a report on the substance of this case, even if the Government's observations and information had not been received in due time. Since that urgent appeal, the Committee received only one communication from the Government, which referred to another case already examined by the Committee (Case No. 1529).
3. 299. The Philippines have ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 300. The allegations which remained pending at the November 1992 meeting of the Committee concern numerous acts of anti-union violence: deaths and attempted murders, disappearances, attacks on strike pickets, illegal arrests on the grounds, according to the complainant organization, of trade union membership or based on false charges relating to activities within outlawed political organizations (the complainant organization had referred to reports submitted in 1991 by various independent national and international organizations corroborating its fears concerning the anti-union bias of Civilian Armed Forces Geographical Units (CAFGUs) and the recourse to arrests without warrant).
2. 301. At that meeting, the Committee formulated the following recommendations (see 284th Report of the Committee, para. 836):
   • (a) 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 the identification and conviction of the 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.
   • (b) The Committee requests the Government to supply its observations on the most recent allegations of the complainant, and in particular to give detailed particulars on the further six murders and six attempted murders of trade union leaders (murders: José Lascano Jr., Asislo Pana, Alexander Cervantes, the Ricablancas, father and son, Arnold Lardizabal and Rolando Bernardo; attempted murders: José Dimabaya and two others workers at the Cervera enterprise, Romeo Montemayor, Salvador Pantaleon, Walberto Garquio and Wilnor Quibral), 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, Rogelio Padilla, Melanio Andrade, Tony Monsalod and Joel Marpa).
   • (c) Noting 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, it urges the Government to do its utmost to collect all available information on the four cases of murders of trade unionists still outstanding from its last examination of this case (Messrs. Rey Olano, "Boy" Lisondra, Lino Arog and Ronelo Ginolos).
   • (d) With regard to the specific allegations on which information was supplied, the Committee notes that, according to the Government's report, progress is continuing in some criminal proceedings, and asks the Government to continue to supplying information on developments in the various trials, as well as on developments in the case of the three murdered trade unionists (Messrs. F. Pelaro, R. de la Fuente and A. Marfil) and on inquiries into the death of Mr. R. Magbujos.
   • (e) The Committee again asks the Government to supply information on progress in the sedition trial under way against Mr. Crispin Beltran, Chairperson of the KMU.

B. The Committee's conclusions

1. 302. In the first place, the Committee deeply deplores the lack of Government cooperation with the Committee's procedures and, in particular, regrets that it has failed to provide the information and replies requested, despite the time which has elapsed since the last examination of this case and despite the fact that it has been invited to do so on several occasions, including by means of an urgent appeal.
2. 303. Under these circumstances, and in accordance with the applicable procedure (see 127th Report of the Committee, para. 17, approved by the Governing Body at its 184th Session), the Committee must present a Report on the substance of the matter without the information which it had hoped to receive from the Government.
3. 304. The Committee first of all reminds the Government that the purpose of the whole procedure established in the ILO for examining allegations of violations of freedom of association is to promote respect for the latter in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side will recognize the importance for their own good name of formulating for objective examination detailed replies to allegations made against them (see First Report of the Committee, para. 31).
4. 305. The Committee deplores the gravity of the allegations which have been made concerning the murder and disappearance of trade union leaders, attempted murders, and numerous physical assaults against persons and arbitrary arrests.
5. 306. In general terms and in view of the nature of these allegations, the Committee expresses its concern at these actions which constitute a direct infringement of the most fundamental human rights and impair the development of a free and independent trade union movement. It draws the attention of the Government to the fact that a climate of violence, such as that surrounding the murder or disappearance of trade union leaders and members, constitutes a serious obstacle to the exercise of trade union rights and is totally incompatible with the principles of freedom of association; such acts require severe measures to be taken by the authorities (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 76). Under these circumstances, the Committee urges the Government to take the necessary measures to ensure that all the facts alleged which have not yet been subject to a judicial inquiry are investigated as a matter of urgency and to ensure that the investigations already in progress are concluded as quickly as possible with a view to ascertaining the facts, determining responsibilities, punishing the culprits and preventing the recurrence of such acts in the future.
6. 307. In this context, the Committee recalls that the Government had stated that open judicial inquiries into the murder and disappearance of trade unionists rarely lead to the identification and conviction of the alleged culprits. The Committee can only emphasize once again that in its view, the absence of any rulings against the guilty parties implies a de facto impunity which reinforces the climate of violence and insecurity and thus has an extremely damaging effect on the exercise of trade union rights.
7. 308. Specifically, the Committee asks the Government to ensure that an investigation is carried out as a matter of urgency into the murders of Rey Olano, "Boy" Lisondra, Lino Arog, Ronelo Ginolos, José Lascano Jr., Asislo Pana, Alexander Cervantes, the Ricablancas, father and son, Arnold Lardizabal and Rolando Bernardo, as well as the alleged attempted murders of José Dimabaya and two other workers at the Cervera enterprise, Romeo Montemayor, Salvador Pantaleon, Walberto Garquio and Wilnor Quibral, and to keep it informed of the findings of that inquiry.
8. 309. As regards the numerous violent attacks on strike pickets, the Committee recalls that the right to strike is one of the essential means through which workers and their organizations may promote and defend their economic and social interests (see Digest, op. cit., para. 363). Furthermore, in the view of the Committee, taking part in picketing, and firmly but peaceably inciting other workers to keep away from their workplace, cannot be considered unlawful. The case is different, however, when picketing is accompanied by violence or coercion of non-strikers in an attempt to interfere with their freedom to work; such acts constitute criminal offences in many countries (see Digest, op. cit., para. 435). Furthermore, the action of strike pickets organized in accordance with the law should not be subject to interference by the public authorities, who should resort to the use of force only in grave situations where law and order are seriously threatened (see Digest, op. cit., paras. 432 and 431). The Committee therefore requests the Government to open an impartial and thorough inquiry into the facts of the case to determine the nature and justification of the actions taken by the law enforcement authorities and determine responsibilities, and to keep it informed of the findings of that inquiry.
9. 310. As regards the arrests of local trade union leaders in the course of five incidents which took place between late 1990 and mid-1991, of whom 16 were still in detention and 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, Rogelio Padilla, Melanio Andrade, Tony Monsalod and Joel Marpa), the Committee reminds the Government that the authorities should not have recourse to measures of imprisonment for the mere fact of organizing or participating in a peaceful strike (see Digest, op. cit., para. 447). In the light of this principle, to which it attaches great importance, the Committee asks the Government to keep it informed of any developments in the situation of all the trade union leaders arrested and state whether they have been released and reinstated in their posts.
10. 311. The Committee again urges the Government to keep it informed of any developments in prosecutions arising from the murder of trade unionists (Messrs. F. Pelaro, R. de la Fuente and A. Marfil), of the findings of the investigation now under way into the death of Mr. R. Magbujos and of any developments in the trial of Mr. C. Beltran, Chairperson of the KMU, who is charged with sedition.