Report in which the committee requests to be kept informed of development - Report No 236, November 1984

Case No 1192 (Philippines) - Complaint date: 01-OCT-82 - Closed

286. The Committee examined Case No. 1157 on two previous occasions, presenting interim conclusions to the Governing Body [see paras 276 to 286 of its 222nd Report and paras. 294 to 302 of its 226th Report] which were approved at its 222nd (March 1983) and 223rd (May-June 1983) Sessions, respectively. Certain further information from the Government on Case No. 1157 was noted in paragraph 20 of the Committee's 230th Report, paragraph 9 of its 233rd Report and paragraph 10 of its 234th Report, approved at the Governing Body's 224th (November 1983), 225th (February-March 1984) and 226th (May-June 1984) Sessions, respectively. The Committee examined Case No. 1192 at its May 1984 meeting [see paras. 521 to 543 of its 234th Report] and presented interim conclusions to the Governing Body which were approved at its 226th Session (May-June 1984). The Government supplied the additional information requested from it on both cases in a communication dated 23 August 1984. In a letter dated 8 September 1984, the Trade Unions of the Philippines and Allied Services (TUPAS), affiliated to the WFTU, complainant in Case No. 1157, transmitted new allegations in relation to that case. On 28 September 1984 the Government supplied its observations in reply to the TUPAS communication.

1. 286. The Committee examined Case No. 1157 on two previous occasions, presenting interim conclusions to the Governing Body [see paras 276 to 286 of its 222nd Report and paras. 294 to 302 of its 226th Report] which were approved at its 222nd (March 1983) and 223rd (May-June 1983) Sessions, respectively. Certain further information from the Government on Case No. 1157 was noted in paragraph 20 of the Committee's 230th Report, paragraph 9 of its 233rd Report and paragraph 10 of its 234th Report, approved at the Governing Body's 224th (November 1983), 225th (February-March 1984) and 226th (May-June 1984) Sessions, respectively. The Committee examined Case No. 1192 at its May 1984 meeting [see paras. 521 to 543 of its 234th Report] and presented interim conclusions to the Governing Body which were approved at its 226th Session (May-June 1984). The Government supplied the additional information requested from it on both cases in a communication dated 23 August 1984. In a letter dated 8 September 1984, the Trade Unions of the Philippines and Allied Services (TUPAS), affiliated to the WFTU, complainant in Case No. 1157, transmitted new allegations in relation to that case. On 28 September 1984 the Government supplied its observations in reply to the TUPAS communication.
2. 287. 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 examinations of the cases

1. 288. Case No. 1157. The allegation outstanding after the Committee's most recent examination of this case concerns the arrest on 2 September 1982 of Mr. Bonifacio Tupaz, Secretary-General of the TUPAS and member of the General Council of the WFTU, and his ongoing trial (Quezon Court Criminal Case No. Q-21741) on charges of criminal acts of conspiracy to commit rebellion or insurrection punishable under article 136 of the revised Penal Code. The Government's replies pointed out that this arrest - along with the arrests of other labour leaders such as Mr. Crispin Beltran which took place about the same time - was not related to trade union activities and that the activities of the unions concerned had not suffered due to the arrest of their leaders. The Government informed the Committee that on 1 May 1983, Mr. Tupaz was released from detention and placed under house arrest; on several occasions it has informed the Committee of adjournments in Case No. Q-21741 which has apparently passed from the Court of First Instance, Quezon City to the Regional Trial Court of Quezon City.
2. 289. The Committee recommended the Governing Body to draw the Government's attention to certain principles regarding prompt and fair trial and to request it to transmit information on developments in the trial against Mr. Tupaz and Mr. Beltran.
3. 290. Case No. 1192. The allegations outstanding after the Committee's examination of this case concern:
   • (a) the arrest in August 1982 of several trade union leaders (in particular Mr. C. Beltran, Secretary-General of the complainant organisation) in relation to which the Government was requested to transmit as soon as possible information on developments in Criminal Case No. Q-21741 brought against some of them before the Court of First Instance of Quezon City and which had been successively postponed;
   • (b) the torture - documented in an Amnesty International report - while imprisoned of one trade union leader (Mr. R. Nolasco, national council member of the KMU) concerning which the Government was requested to inform the Committee of any steps taken towards the holding of an inquiry in order to establish the responsibilities; and
   • (c) the attack on trade union premises and confiscation of trade union property in August 1982 concerning which the Government had made no comment and in relation to which the Committee had impressed upon the Government the importance of restoring to the unions concerned their property and of ensuring that there be no recurrence of such events.

B. Further developments

1. 291. In a letter of 8 September 1984, the TUPAS alleges that since its Secretary-General remains under house arrest he was not able to attend a trade union meeting outside the Philippines, namely, the WFTU Executive Council meeting in October 1984 in Bulgaria. It supplies copies of petitions presented by Mr. Tupaz to the President, the Minister of Labour and Employment, the Chief of Staff of the Armed Forces and the Supreme Court in this connection, requesting permission to leave the country to attend to his international trade union commitments.
2. 292. In its communication of 23 August 1984, the Government refers to two concluded aspects of Case No. 1192, namely the Committee's endorsement of the 1984 observation by the Committee of Experts on the Application of Conventions and Recommendations concerning the incompatibility of the Philippine's trade union legislation with Convention No. 87 and the alleged violation of Convention No. 98 which appeared to concern representativity of unions for collective bargaining purposes. On the first point, the Government points out that any amendments to the national legislation must pass through certain procedures allowing for time to review the present laws and to make the appropriate recommendations thereon to the competent authorities. It states that the competent authority is the new Parliament, which convened on 23 July 1984, and that the tripartite process is respected in this connection. On the second point, the Government cites article 257 of the Labour Code which allows the workers themselves to decide the question of representativity through certification elections by secret ballot at the bargaining unit.
3. 293. As regards the arrest in August and September 1982 of several trade unionists, the Government recognises the need for prompt and fair trial by an independent and impartial tribunal. It points out that all the accused in Criminal Case No. Q-21741, except for Mr. Beltran, have been provisionally released from detention (Mr. Tupaz being under house arrest) and that the Regional Trial Court of Quezon City resumed hearing of the case on 15 August 1984. According to the Government, due to the non-appearance of the lawyers of some of the accused, the lawyers of Messrs. Beltran, Tupaz and Nieva were appointed counsel de oficio for the others in accordance with due process and the Rules of Court so as to avoid further delays in the disposition of the case. The Court adjourned the hearing to 12s September 1984 after issuing an order, on motion of the prosecution, for the property custodian of the Metropolitan Command MIV to turn over to the PC Crime Laboratory certain typewriters seized from the union offices raided by the military authorities for presentation at the next scheduled hearing.
4. 294. As regards the alleged torture and disappearance of a KMU leader, the Government reports that, according to the ministry of National Defence, Ricardo Nolasco was never arrested in 1981. He lodged a complaint with the Office of the Assistant Chief of Staff for Intelligence (PCM) on 17 November 1981 about his alleged kidnapping and torture by unidentified military personnel for two days, but declined a physical examination by a medical officer. He requested an examination by a private physician with the aim of submitting the findings to the Philippine Constabulary Metropolitan Command (PCM). However, states the Government, nothing has since been heard of Nolasco and no action could be taken on his complaint since he had supplied no details regarding the men who "arrested and tortured" him, nor on the vehicle used. His complaint remains on file should he decide to come forward and pursue it.
5. 295. As regards the alleged arrest and disappearance of three other named KMU members, the Ministry of National Defence gives the following information. Antonio Sta. Ana and Jemeliana Paguio were arrested on 25 June 1981 in a raid on a house in Orion during which several subversive documents were seized. Charges of subversion were filed with the Bataan Province Public Prosecutor (Fiscal) as IS. No.; 81-112 on 5 July 1981. According to the Government, before the preliminary investigation could start they escaped, another detainee testifying that they had managed this by destroying the window grills in their cell. Disciplinary action was taken against the sergeant on duty for his negligence. Since then, Mr. Paguio was sighted with armed men during an armed encounter on 3 August 1981 in Bataan. No information is available on Mr. Sta Ana and the Government presumes that he has gone underground "to resume [his] subversive activities". In addition, the Government states that operating military units have no information on the alleged arrest of Felix Ocido and that his case remains on file until additional evidence is adduced. The Government points out that the Amnesty International report relied on by the complainant is of dubious character as it was released to coincide the Head of State's visit to the USA with the aim of embarrassing the Government on that occasion.
6. 296. As regards the raid on KMU offices, the Government states that, on the basis of earlier information and captured documents, the Communist Party of the Philippines was planning mass disturbances throughout the country in September 1982 using labour groups, particularly the KMU. The PCC accordingly raided the KMU offices on 13 August 1982 and seized subversive documents and banners. A list of coded names of Communist Party members within labour organisations was decoded and the suspected persons were arrested under Presidential Commitment Orders Nos. 107-82, 112-82 and 114-82. Mr. C. Beltran was arrested pursuant to PCO No. 103-82. Charges were filed in the regular Civilian Courts and the trial has been considerably delayed, according to the Government, by certain moves of the defence. The Government states that all documents, materials and printing paraphernalia seized were covered by search warrants (Nos. 408, 409 and 413) issued by the Circuit Criminal Court 7th Judicial District on 12 and 14 August 1982; they are being held for use as evidence in the trial and only the Court has the authority to decide as to their proper disposal pending the outcome of the trial. The Government stresses that the only accused still in custody at Camp Crame, Quezon City (Messrs. Beltran, José Britanico, Simplicio Anino, Lauro Pabit and Milleth Soriano) are accorded all their rights, including easy access to legal counsel, visits by relatives and other interested persons and medical attendance.
7. 297. In its communication of 28 September 1984, the Government points out that the delays in the resolution of the outstanding criminal case are not solely attributable to the Government since the defence counsel have requested the postponement of several scheduled hearings. Concerning Mr. Tupaz's request to travel to Bulgaria for a trade union meeting, the Government encloses a copy of the Ministry of Labour's favourable endorsement of his request contained in a note for the President of the Republic dated 12 September 1984. The Government indicates that it reacted rapidly on this matter since Mr. Tupaz's letter to the Ministry was dated 7 September 1984.

C. The Committee's conclusions

1. 298. The Committee notes that the trial of the union leaders arrested in August and September 1982 was to continue on 12 September 1984 in accordance with the usual criminal procedures but regrets that one of the accused, Mr. Beltran, remains in custody. In the circumstances it can only reiterate the importance it attaches to a prompt and fair trial without delay and - while noting that some postponements of scheduled hearings were at the request of the defence - would point out to the Government that excessively lengthy proceedings can give rise to a feeling of injustice. The Committee therefore expresses the firm hope that the trial concerning the TUPAS and KMU leaders, whether in prison, under house arrest or provisionally released, will be brought to a rapid conclusion. It requests the Government to inform it of the outcome of the trial.
2. 299. As regards the arrest, torture and unexplained disappearance of other KMU leaders and members (Mr. R. Noalsco, Mr. A. Sta. Ana, Mr. J. Paguio and Mr. Felix Ocido) alleged in an Amnesty International document, the Committee notes that the Government claims that its inquiries have revealed no information on Mr. Ocido, that Mr. Sta. Ana and Mr. Paguio had been arrested on subversion charges but had escaped police custody and their whereabouts are unknown and that Mr. Nolasco had filed a complaint about his kidnapping and torture in November 1981 but had not followed up this action and his whereabouts are unknown. The Committee recalls, as it has done in several cases concerning the disappearance of trade union officials [see, for example, 202nd Report, Case No. 924 (Guatemala), para. 152], that it deplores a climate of insecurity in which there are unexplained disappearances. It would point out that such a climate inevitably represents a serious impediment to the exercise of trade union rights. The Committee requests the Government to continue its investigations into these unexplained disappearances and to keep it informed of the outcome.
3. 300. As regards the raid on trade union premises and confiscation of trade union property in August 1982, the Committee notes the Government's statement that all documents, materials and printing equipment seized were covered by search warrants lawfully issued by the ordinary judicial authority and are currently being held for use in the trial referred to above. In view of this, the Committee requests the Government to inform it of the steps taken to restore to the unions concerned their property once the trial is concluded.
4. 301. The Committee requests the Government to inform it whether the Secretary-General of the TUPAS was permitted to attend the WFTU Executive Council meeting in Bulgaria in October 1984, and thus fulfil the trade union commitments arising from his organisation's international affiliation.

The Committee's recommendations

1. 302. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the. following conclusions:
   • (a) The Committee notes that the trial of the trade union leaders' arrested in August and September 1982 was to continue on 12 September 1984 but regrets that one of the accused, Mr. C. Beltran, remains in custody; it expresses the firm hope that the trial will be brought to a rapid conclusion and requests the Government to keep it informed of the outcome of the trial.
   • (b) As regards the arrest, torture and unexplained disappearance of other named KMU leaders and members, in 1981, the Committee can only recall that it deplores a climate of insecurity in which there are unexplained disappearances. It would point out that such a climate inevitably represents a serious impediment to the exercise of trade union rights. The Committee therefore requests the Government to continue its investigations into these unexplained disappearances and to keep it informed of the outcome.
   • (c) As regards the raid on trade union premises and confiscation of trade union property in August 1982, the Committee requests the Government to inform it of the steps taken to return the seized property to its rightful owners, namely the trade unions concerned, at the conclusion of the trial for which it is being held as evidence.
   • (d) The committee requests the Government to inform it whether the TUPAS Secretary-General was permitted to attend the WFTU Executive Council meeting in Bulgaria in October 1984, and thus fulfil the trade -union commitments arising from his organisation's international affiliation.