Effect given to the recommendations of the committee and the Governing Body - Report No 376, October 2015

Case No 2528 (Philippines) - Complaint date: 31-OCT-06 - Follow-up

Effect given to the recommendations of the Committee and the Governing Body

1. 92. The Committee last examined this case at its October 2013 meeting [see 370th Report, paras 75–87], when it:
   • ■ reiterated its previous observation that cases of alleged extrajudicial killings should, due to their seriousness, be investigated, and where evidence exists prosecuted ex officio without delay;
   • ■ expressed its expectation that the Government do its utmost to ensure that the investigation of the case of John Jun David et al. (Hacienda Luisita incident) is pursued thoroughly and expeditiously and that the guilty parties are brought to trial and convicted;
   • ■ urged the Government to do its utmost to ensure the swift investigation and prosecution as well as a fair and speedy trial for the other ten cases still under investigation by the Department of Justice, the remaining on-trial cases, and the four cases referred back to the Philippine National Police Task Force Usig and the Commission on Human Rights (CHR) for further investigation and requested the Government to keep it informed of developments;
   • ■ expressed its expectation that the totality of cases of murder and attempted murder brought forward by the complainant on 30 September and 10 December 2009, as well as June 2010, be reviewed by the Tripartite Industrial Peace Council, that the Government make every effort to ensure the speedy investigation, prosecution and judicial examination of those allegations and urged the Government to indicate without delay the progress made in this regard;
   • ■ requested the Government to keep it informed of developments in the procedure of indictment of General Palparan for failing to prevent, punish or condemn killings that took place under his command responsibility;
   • ■ expressed its firm expectation that the cases of abduction recommended for closure due to unavailability of witnesses or for lack of interest of the parties to pursue the case be the subject of inquiries and investigations for evidence including forensic evidence;
   • ■ requested the Government to keep it informed of the progress made in the adoption of the Bill “defining and penalizing the crime of enforced or involuntary disappearance and for other purposes”, or of any other relevant legislative measures;
   • ■ requested the Government to indicate progress made in ensuring the full and swift resolution by the CHR of the remaining alleged cases of harassment and intimidation and keep it informed of the outcome;
   • ■ reiterated its previous recommendations (e), (f) and (i) [see 364th Report, para. 970] as the Government had not provided any information in response to them.
2. 93. The Government sent information in communications dated 26 May 2014 and 12 February 2015. In its 26 May communication the Government indicates that on 5 July 2013 the court delivered a judgement on the case of extrajudicial killing of William Tadena, acquitting the accused as his guilt could not be established beyond reasonable doubt.
3. 94. The Government further indicates that the Inter-Agency Committee (IAC) on Extrajudicial Killings, Enforced Disappearances, Torture and Other Grave Violations of the Right to Life, Liberty and Security of Persons that was created pursuant to Administrative Order No. 35 (AO 35) has already finished the evaluation of all reported cases of extrajudicial killings of trade union leaders and members. The Government indicates that AO 35 sets out the following criteria for extrajudicial killings:
   • (a) the victim was either:
     • (i) a member of, or affiliated with, an organization, including political, environmental, agrarian, labour or similar causes; or
     • (ii) an advocate of above-named causes; or
     • (iii) a media practitioner; or
     • (iv) person(s) apparently mistaken or identified to be so.
   • (b) the victim was targeted and killed because of the actual or perceived membership, advocacy, or profession;
   • (c) the person(s) responsible for the killing is a state agent or non-state agent; and
   • (d) the method and circumstances of attack reveal a deliberate intent to kill.
4. 95. In addition to the four cases that were decided on in the Supreme Court (the cases of Teotimo Dante; Ricardo Ramos; Antonio Pantonial and William Tadena) the IAC considered six out of 35 remaining cases as extrajudicial killings based on the criteria cited above. The six cases that were identified as AO 35 cases include those of Diosdado Fortuna; Florante Collantes; Paquito Diaz; Abelardo Ladera; Samuel Bandilla and Tirso Cruz. They are now assigned to different IAC structures (namely special investigation teams, special investigation team for unresolved cases and special oversight team) for case build-up and constant monitoring. The Government further indicates that the IAC is in the process of re-evaluating the other cases with reliance on recommendations of labour groups in order to determine which other cases may fall under AO 35. Cases not covered by AO 35 shall be handled and investigated through regular process of criminal investigation and prosecution. The Government further indicates that the alleged cases of harassment and abduction of trade union leaders and members are likewise under evaluation in the IAC.
5. 96. With regard to the dismissed workers of Nestlé Philippines Inc., against whom criminal charges were filed before the municipal trial court of Cabuyao and regional trial court of Biñan, Laguna, the Government recalls that the filing of these charges was deemed to be a form of harassment as the concerned workers were unable to obtain clearance from the National Bureau of Investigation (NBI) despite dismissal of the said cases and were consequently barred from employment locally and abroad; moreover certain dismissed workers such as Rene Manalo, Ariel Legaspi and Noel Sanchez allegedly experienced intimidation which they linked to their active participation in the 14 January 2002 strike. The Government indicates that pursuant to the ILO High Level Mission’s recommendation, the Department of Labour and Employment took the following steps to ensure the clearing up of NBI records of the dismissed workers: representations were made to the Office of the Deputy Court Administrator to seek assistance in securing certificates of finality on the dismissed criminal cases against affected workers so that NBI clearances may be issued to the workers upon their application. The certificates of finality were forwarded to NBI for updating of records and positive results were reported.
6. 97. In its 12 February 2015 communication, the Government reiterates the information submitted previously and recalls that the National Tripartite Industrial Peace Council - Monitoring Body (NTIPC-MB) had previously adopted the recommended closure of the following extrajudicial killing cases: Edwin Bargamento; Manuel Batolina; Renato Pacaide; Antonio Mercado; Nenita Labordio; Alberto Teredano; Federico de Leon; Nilo Bayas; Mario Fernandez; Felipe Lapa; Charlie Solayao; Crisanto Teodoro; Dalmacio Cepeda; Francis Noel Desacula; Roberto dela Cruz and Emerito Lipio.
7. 98. The Committee notes with interest the information provided by the Government on the creation of the IAC on Extrajudicial Killings, Enforced Disappearances, Torture and Other Grave Violations of the Right to Life, Liberty and Security of Persons and its re evaluation of unresolved cases with reliance on recommendations of labour groups. However, the Committee is bound to note with deep regret that nine years after the date of the complaint that initiated this case, and while the killings at issue occurred between 2001 and 2006, only two cases, namely those of Teotimo Dante and Antonio Pantonial, have been resolved with the conviction of those responsible, and that in no other case have the perpetrators been brought to justice and convicted. In particular, the Committee deeply regrets that the Government does not, provide any information on the eventual progress made in the investigation and resolution of the case of John Jun David et al., pertaining to the Hacienda Luisita incident, that on 14 November 2004 claimed the lives of at least seven trade union leaders and members (Jhaivie Basilio, Adriano Caballero, Jun David, Jesus Laza, Jaime Pastidio, Juancho Sanchez and Jessie Valdez) and led to the injury of 70 others, and in relation to which nine police officers had previously been identified as suspects and recommended to be charged for multiple homicide; neither did it provide any information with regard to the investigation and eventual prosecution of the other alleged murders and attempted murders [see 359th Report, para. 1115 and 364th Report, para. 952]. The Committee once again recalls that in the event that judicial investigations into the murder and disappearance of trade unionists are rarely successful, it has considered it indispensable that measures be taken to identify, bring to trial and convict the guilty parties and has pointed out that such a 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 [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, para. 51]. The Committee therefore once again urges the Government to do its utmost to ensure expeditious investigation of all the unresolved cases of murder of trade union members and leaders, and to ensure that the perpetrators are brought to justice. It also once again requests the Government to keep it informed of developments in the procedure of indictment of General Palparan for failing to prevent, punish or condemn killings that took place under his command responsibility.
8. 99. The Committee further notes with deep regret that the Government has not provided any information on the progress made in the investigation, prosecution and trial of cases of abduction and enforced disappearance; and reiterates its firm expectation that the Government take expeditious and effective measures in this regard and keep it informed of the steps taken and the relevant court rulings as soon as they are handed down; and to provide information on the progress made in the adoption of the Bill concerning enforced and involuntary disappearances or any other relevant legislative measures.
9. 100. The Committee notes with interest the information provided by the Government on the situation of dismissed workers of Nestlé Philippines Inc., against whom criminal charges were filed and who could finally obtain clearance from the NBI as a result of the steps taken by the Government pursuant to the ILO High Level Mission’s recommendations. It once again requests the Government to provide information on the eventual progress made in ensuring the full and swift resolution by the CHR of the remaining alleged cases of harassment and intimidation.
10. 101. In the absence of any information provided in response to its previous recommendations, the Committee once again requests the Government to keep it informed of the review by the Supreme Court and the CHR of the witness protection programme on the writ of amparo adopted in 2007; on any application of the Anti-Torture Act No. 9745 as well as of Act No. 9851 on crimes against international humanitarian law, genocide and other crimes against humanity.
11. 102. The Committee further urges the Government to provide further specific information in relation to the allegations of illegal arrest and detention regarding the AMADO-KADENA officers and members; the 250 workers of Nestlé Cabuyao; and the 72 persons in Calapan City, Mindoro Oriental, of which 12 are trade union leaders and advocates; to take all necessary measures so as to ensure that the investigation and judicial examination of all cases of illegal arrest and detention proceed in full independence and without further delay, so as to shed full light on the current situation of those concerned and the circumstances surrounding their arrest. The Committee also requests the Government to communicate the texts of any judgments handed down in the above cases, together with the grounds adduced therefore; and to keep it informed of the outcome of the cases against 19 workers of Karnation Industries [see 364th Report, paras 966 and 970(i)(iii)].