Interim Report - Report No 396, October 2021

Case No 3185 (Philippines) - Complaint date: 05-FEB-16 - Active

Allegations: The complainant organizations allege the extra-judicial killings of three trade union leaders and denounce the failure of the Government to adequately investigate these cases and bring the perpetrators to justice. The complainants further allege the use of threats and murder attempts against a fourth trade union leader and his family, who have been forced into hiding, and denounce the Government’s failure to adequately investigate this case and protect the victims. The failure to investigate and prosecute in these cases would have reinforced the climate of impunity, violence and insecurity with its damaging effect on the exercise of trade union rights. Additional allegations refer to further cases of extra-judicial killings of trade union members and leaders in Manila and in the agricultural sector in Negros Island, as well as illegal arrests, detention, red-tagging, intimidation and harassment of trade union members and leaders

1. 508. The Committee last examined this case at its October 2019 meeting, when it presented an interim report to the Governing Body [see 391st Report, paras 523–532 approved by the Governing Body at its 337th Session]. 
2. 509. The International Transport Workers’ Federation (ITF) provided additional information in a communication dated 2 March 2021. In a communication dated 22 June 2021, the Federation of Agricultural Workers Philippines (UMA) and the National Federation of Sugar Workers – Food and General Trade (NFSW–FGT) joined the case and provided additional allegations.
3. 510. The Government provided its observations in a communication dated 27 January 2021.
4. 511. The Philippines has 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. 512. At its October 2019 meeting, the Committee made the following recommendations [see 391st Report, para. 532]:
   • (a) Stressing the importance which it places on rapidly identifying the perpetrators of violence against trade unionists and bringing them to justice in order to combat impunity and promote a climate free from violence, intimidation and fear in which freedom of association may be fully exercised and recalling that the murders of Antonio “Dodong” Petalcorin, Emilio Rivera and Kagi Alimudin Lucman took place in 2013, the Committee once again expresses its firm expectation that the perpetrators will be brought to trial and convicted without further delay and trusts that the Government will continue to make every effort in this regard. The Committee requests the Government to keep it informed of the progress made, including the current status of these cases, and to provide a copy of the relevant judgments as soon as they are handed down.
   • (b) The Committee draws the special attention of the Governing Body to the serious and urgent nature of the matters dealt with in this case.

B. Complainants’ additional allegations

1. 513. On 2 March 2021, the ITF submitted additional information in respect of allegations of the extra-judicial killing of a trade union leader by reason of his legitimate trade union activities. In particular, the ITF denounces that following a number of death threats, Mr Leonardo Escala, President of the Nagkakaisang Manggagawa sa Pantalan Incorporated (NMPI–ICTSI), the union representing dock workers at the International Container Terminals Services Inc. Manila Terminal, and his niece were shot multiple times outside his home in Tondo, Manila, as a result of which Mr Escala passed away at the local hospital. The ITF further expresses its concern as to the number of extra-judicial killings of trade unionists, the failure of the authorities to provide adequate protection to trade union representatives and the prevailing culture of impunity for these crimes.
2. 514. In their communication dated 22 June 2021, the UMA and the NFSW–FGT provided additional information, alleging serious violations of human and trade union rights committed by the regime, especially in the agricultural sector, including through the implementation of the 2018 Memorandum Order No. 32 to suppress lawless violence and acts of terror. The allegations refer to numerous incidents of extra-judicial killings, illegal arrests, detention, red-tagging, harassment, threats and intimidation against trade union members and leaders in Negros Island.
3. 515. In particular, the complainants allege that a member of the UMA was killed in September 2016 and that since January 2017, 98 people were victims of extra-judicial killings in Negros Island, out of which 16 were members and leaders of the NFSW–FGT. The complainants denounce the following concrete incidents:
   • On 7 September 2016, Ariel Diaz (Chairperson of Danggayan Dagiti Mannalon ti Isabela and member of UMA’s organizing team in Delfin Albano, Isabela) was shot on his farm by three men in civilian clothes.
   • On 20 January 2017, Alexander Ceballos (NFSW–FGT coordinator in Salvador Benedicto and Murcia, regional council member of the NFSW–FGT and leader of 50 sugar cane farmers) was shot dead in front of his house at Purok Tangke, Barangay Pandanon Silos, Murcia, Negros Occidental by two unidentified men on a motorcycle who are believed to be connected to the mayor of Salvador Benedicto. The Murcia police chief confirmed that Mr Ceballos had received threats to his life before he was killed. According to the complainants, no case was filed in court and the police investigation into the incident did not give any results, even though Mr Ceballos had been the target of threats and intimidation by the Dela Cruz clan for a long time. For instance, in July 2015, armed gunmen fired at a vehicle where his son was in, allegedly targeting Mr Ceballos.
   • On 21 December 2017, Flora Gemola (city Chairperson of the NFSW–FGT in Sagay City) was found dead in the farm awarded to her by the Department of Agrarian Reform earlier that day in Hacienda Tilapas, Barangay Rafaela Barrera, Sagay City, Negros Occidental. One of her relatives found her with eight stab wounds. The city police chief indicated that Ms Gemola was probably followed by two or more suspects due to a land conflict, that a confrontation ensued between them, triggering the suspects to commit the crime and that the police already identified persons of interest.
   • On 22 February 2018, Ronald Manlanat (member of a local chapter of the NFSW–FGT in Hacienda Joefred, Barangay Luna, Sagay City, Negros Occidental) was shot several times in the head by unknown assailants with a rifle while working in the fields. Mr Manlanat and other NFSW members in Hacienda Joefred had previously received threats for their work in the lands and Mr Manlanat was also accused of being involved in a New People’s Army (NPA) raid in 2016. According to the complainants, calls for investigation into Mr Manlanat’s death have yielded no results.
   • On 27 June 2018, Julius Broce Barellano (Chairman of Hacienda Medina Farmworkers’ Association under the NFSW–FGT) was shot by two unidentified assailants outside his house in Sitio Cotcot, Hacienda Medina, Barangay Rizal, San Carlos City, Negros Occidental. Mr Barellano’s wife witnessed how he tried to run towards their house but was chased and shot by the gunmen at close range. The police recovered ten fired bullets, four live ammunition and a slug from a pistol. Mr Barellano was at the forefront of an ejectment case against an influential landlord involving about 140 tenants in Hacienda Medina. A murder case has been filed in San Carlos regional trial court.
   • On 20 October 2018, six to ten unidentified masked men fired upon the makeshift tent where farm workers of Hacienda Nene-Barbara, Barangay Bulanon, Sagay City, Negros Occidental were resting, instantly killing nine of them – Eglicerio Villegas, Angelife E. Arsenal, Paterno M. Baron, Rene P. Laurencio Sr., Morena F. Mendoza, Marcelina D. Dumaguit, Rannel H. Bantigue, Jomarie S. Ugahayon Jr. and Marchel Sumicad. Three of the victims – Morena F. Mendoza, Marcelina D. Dumaguit and Rannel H. Bantigue – were burnt by the suspects. Three other workers survived the incident. The victims were members of a farmers’ association affiliated to the NFSW–FGT. According to the complainants, the armed men are suspected thugs of the land owner and Special Civilian Auxiliary Army (SCAA) paramilitary elements under the Armed Forces of the Philippines (AFP).
   • On 7 June 2019, Felipe Dacal-Dacal (an active member of the NFSW–FGT in Escalante, Negros Occidental) was identified as a member of the NPA by Marlon “Astro” Fajardo and when he denied the accusations, the suspect repeatedly shot him at his home in Barangay Pinapugasan, Escalante, Negros Occidental and fled. Before the incident, soldiers tried to convince Mr Dacal-Dacal three times to stop joining rallies but he did not comply. The complainants allege that Marlon “Astro” Fajardo is an intelligence officer from the AFP.
   • On 23 June 2020, Jose Jerry Catalogo (officer of a local farmers’ association under the NFSW–FGT) was shot close to his house in Barangay Paitan, Escalante City, Negros Occidental. His wife found him with two shots in the head and chest, as well as broken arms and legs. According to the initial report by the police, about three to four assailants were responsible for the killing of Mr Catalogo, who had indicated several days before the incident that he was being followed by unidentified individuals.
   • On 2 February 2021, Antonio “Cano” Arellano (Chairman of a peasant organization under the NFSW–FGT in Barangay Jonob-Jonob, Escalante City, Negros Occidental) was shot dead by four unidentified suspects.
4. 516. The complainants also denounce numerous incidents of illegal arrests, detention and fabricated cases against more than 100 farmers, workers and human rights activists, including members and leaders of the NFSW–FGT and UMA-affiliated unions, some of whom are currently in detention. They point to the following concrete incidents:
   • On 17 June 2017, AFP soldiers illegally arrested Ricky Omandam (member of the Union of Common Agricultural Workers (OGYON) – a local organization of farm workers in Barangay New Eden, Pangantucan, Bukidnon, affiliated to the UMA). Mr Omandam was brought to the military detachment in Madaya and detained for unknown charges.
   • On 19 July 2017, armed members of the Bukidnon Philippines National Police (PNP) Provincial Public Safety Company forcibly entered the house of Alfredo Omandam in Barangay New Eden, Pangantucan, Bukidnon, searched the house without a warrant and not having found any illegal objects, dragged him to the plaza where he was accused of possessing live ammunition. He was later taken to Malaybalay City together with his wife, who was released the next day. Mr Omandam and his wife are both members of the OGYON, which demands wage increases for plantation workers.
   • On 8 October 2017, following an attack by alleged members of the NPA against the Del Monte Company compound, Angelica Pavorada Regasajo (an agricultural worker and member of OGYON from Barangay Merangeran) was forcibly taken by soldiers and accused of illegal possession of live ammunition. On the same day, a number of armed soldiers entered the residence of her mother, illegally searched the house, then left and when they came back they allegedly found the live ammunition they claim is owned by Ms Pavorada Regasajo. She was taken to the police station in Quezon, Bukindon, illegally detained and a criminal complaint was filed against her. She was also told by the police that her husband was accused of being a member of the NPA.
   • On 3 July 2018, six women (members of OGYON) were accused of supporting the NPA, illegally arrested by the AFP and detained in the military detachment in Madaya.
   • On 22 October 2018, Julie Balvastamen and Susanu Aguaron (members of OGYON) were illegally arrested and detained by members of the police and the armed forces at a checkpoint in Lumbo, Valencia City, Bukindon. They were planning to conduct a vigil in front of the checkpoint and following their collective insistence on their rights to peaceful protest, they were later released.
   • On 19 December 2018, Ricky Cañete (NFSW–FGT leader in Sagay City) was arrested in Barangay General Luna, Sagay City, Negros Occidental by bonnet-clad Sagay City police and accused by the government authorities of being involved in an NPA raid in May 2016. He is currently in detention and is facing fake charges of frustrated murder and two counts of murder.
   • On 2 June 2019, Edilberto Sangga (NFSW–FGT member) was illegally arrested on fake charges of trespassing and three of his household staff were also detained by around 40 members of the AFP who stormed their community and planted evidence.
   • On 18 September 2019, Rolly Hernando, Joel Guillero, Leon Charito, Buenvinido Ducay, Kenneth Serondo, Carlo Apurado, Reynaldo Saura and Aiza Gamao (members and leaders of NFSW-Teatro Obrero and of the urban organization Kadamay) were arrested in Barangay Jonob-Jonob, Escalante City, Negros Occidental. They were part of the public information team going around various cities in northern parts of Negros and informing the public about upcoming activities related to the Escalante Massacre Anniversary on 20 September 2019. They were flagged down by men dressed in civilian clothes and wearing bonnets who demanded to see their permits for the activity and asked them to stand away from their vehicle. The complainants allege that the men planted two pistols and empty rum bottles in the vehicle, seized the mobile phones of the activists and deleted photos of the incident which some of them were documenting. The activists were then brought to the Escalante police station where the police allegedly confiscated five pistols, a revolver, a machine gun, three rifle grenades, two improvised explosive devices, 21 Molotov cocktails and assorted ammunition. The detained workers are facing charges of illegal possession of firearms and explosives and three of them who are NFSW–FGT members – Joel Guillero, Leon Charito and Buenvinido Ducay – are currently detained.
   • On 31 October 2019, John Milton Lozande (Secretary-General of the NFSW–FGT) was among the 57 persons who were arrested in a raid conducted by the joint elements of the AFP, Special Action Force (SAF) (elite unit of the PNP) and the Criminal Investigation and Detection Group officers in the offices of Kilusang Mayo Uno (KMU) and Bayan. While the raid was conducted with search warrants from Quezon City Regional Trial Court Branch 89, the raiding teams simply barged into the compound without declaring their purpose or showing the search warrants, forced their way with high-powered long arms pointed at people, ordering them to drop face down on the ground, while the other raiding personnel went inside the buildings, destroying and ransacking everything. Several hours later, when two Barangay councillors arrived, the leader of the raiding team stated that the search could officially start and that is when stacks of planted hand guns and explosives were found in various parts of the office. Simultaneously and in the same manner, a raid was also conducted in the NFSW–FGT office, Gabriela office and one residential house, during which Danilo Tabura (NFSW–FGT paralegal officer) and Roberto Lachica (NFSW–FGT building caretaker) were arrested. A total of 25 pistols and a hand grenade were planted by government security forces in the said offices.
   • On 1 November 2019, Imelda Sultan (a long-time organizer and district office staff of NFSW–FGT for more than 20 years) was arrested in the NFSW–FGT District Office in Barangay Balintawak by elements of Escalante City Police, Special Weapons and Tactics (SWAT), PNP/SAF and elements of the AFP. The government troops were able to plant 3 pistols with 17 bullets, 7 grenade launcher ammunition, 2 improvised explosives, 3 mobile phones and subversive documents. Lindy Perocho (a district office staff of the NFSW–FGT) was also arrested in her house in Barangay Jonob-Jonob by elements of Escalante City Police, PNP/SAF and members of the AFP. The government troops planted two pistols and three grenade launcher ammunition in her house. Both victims were arrested on the same day by virtue of search warrants issued by the Quezon City Regional Trial Court Branch 89 and are currently in detention.
   • On 16 December 2019, Ariel Ronido (Chairperson of OGYON) and his brother-in-law Edgardo Andales were illegally arrested by the AFP and brought to the military detachment in Madaya. Mr Andales was released the next day but Mr Ronido continued to be detained. When a member of the family visited the camp two days later, he was not allowed to see Mr Ronido and he cannot be reached on his phone.
   • On 31 January 2020, Rene Manlangit (Chairperson of the NFSW–FGT in Hacienda Nene, Purok Fire Tree, Barangay Bulanon, Sagay City, Negros Occidental) and Rogelio Arquillo Jr. (NFSW–FGT member in Hacienda Nene) were both charged by the PNP for multiple murder during the Sagay massacre in October 2018, even though they were survivors of this massacre and had relatives who were victims. A warrant of arrest had been issued against them and they are hiding in a safe place while their case is being held in court. Before the Sagay massacre, in April 2018, an AFP brigade, based in Negros, issued a statement claiming that the NFSW–FGT’s bungkalan [farm workers who cultivate small portions of land on large haciendas to feed their families] were part of land-grabbing efforts of the rebels that finance the NPA and other organizations’ operations in the region. The NFSW–FGT and UMA condemned this dangerous statement by the military, which clearly signalled the perpetration of fierce attacks against farmers by suspected state-agents throughout Negros Island.
   • On 9 June 2020, Gaspar Davao (NFSW–FGT district coordinator and organizer in Northern Negros) was arrested by joint elements of the Cadiz City Police and the AFP at a check point at Barangay Caduhaan, Cadiz City. During the arrest, the authorities stopped the vehicle informing the passengers that they were looking for a person infected by COVID-19 who was to be placed in a quarantine. When Mr Davao got off, a member of the AFP immediately pinpointed him as the one who was infected and ordered the driver of the vehicle to proceed to its destination without checking the other passengers on board. The police and the armed forces then forcibly brought Mr Davao to Cadiz City police station and took away his bag, without informing him about the real reasons for his arrest. The next day, he was made to face reporters with his bag on the table in front of him, which contained a fragmentation grenade, documents he did not own and his personal belongings. He is presently detained in Negros Occidental District Jail.
5. 517. The complainants further allege numerous incidents of red-tagging, harassment, intimidation and other threats against trade union members and leaders intended to repress unionism and instill fear among union members:
   • In March 2018, Godfrey Palahang (organizer from OGYON and from the Rural Missionaries of the Philippines – Northern Mindanao Region) was forced to surrender as an alleged NPA rebel because of his engagement with activist organizations.
   • Since 2018, Guillermo “Ka Gimo” Hernandez (the UMA’s former Chairperson, the Secretary-General of Kaisahan ng mga Manggagawang Bukid sa Batangas (KAISAHAN) and the sugar field representative on the District Tripartite Council in the sugar industry) has been subject to harassment: in February 2018, elements of the AFP and the Philippine Air Force were asking for his whereabouts; in July 2018, the military and the police set up a military detachment in the community of Mr Hernandez; and in August 2018, two military trucks with soldiers and police officers were looking for Mr Hernandez near his house. As a result, he and his wife, who are both on the terrorist proscription list of the Government, cannot go home.
   • In 2018, five members of KAISAHAN were designated as terrorists, including Marilyn Hernandez (NFSW–FGT treasurer), Carlos Sañosa, Jun Delos Reyes, Robert Hernandez and Josefino Castillano.
   • In 2018, Sister Patricia Anne Fox, the UMA’s missionary volunteer was charged by the Bureau of Immigration (BI) with illegally joining political activities making her an “undesirable alien” and ordering her deportation. The alleged political activities she was involved in were rallies, press conferences and fact-finding missions on human rights violations of the poor and marginalized sectors of the society. On 16 April 2018, BI officials arrested Ms Fox alleging that she was engaged in political activities in violation of her missionary visa. She was detained for almost 24 hours and later released. Finally, the BI downgraded her visa to a temporary visa which expired in November 2018.
   • On 4 May 2018, PNP elements and security guards of land owners Perla and Juan Miguel Gonzales, whose grandson is the mayor of Silay City, attempted to demolish the houses of four members of Hacienda San Herman Farm Workers Union–NFSW, namely Celso Gonzales, Celso Salgado, Ernesto Tilacas and Noel Zaragosa, but did not manage to do so due to the resistance of the farm workers. On 21 June 2018, the demolitions were successfully conducted, destroying the houses of the said union members, who now live in a government relocation site. These acts intended to instill fear among the workers to incite them to withdraw their application for land reform coverage and to repress unionism.
   • On 8 July 2018, 30 members of the AFP encamped around 30 metres from the house of Hasil Delima (NFSW–FGT member) in Sitio Aniya, Winaswasan, Calatrava.
   • On 4 August 2018, more than 100 security guards of the Diamond Factor Corporation management began to destroy plants in the farm lots of the Aidsisa Farmers and Farm Workers Association (AFFWA–NFSW) in Aidsisa, Barangay E Lopez, Silay City, Negros Occidental. While the security guards were damaging plants, other guards fired guns in the air to instill fear among the farmers and farm workers. According to the complainants, the possible motive was to threaten the residents and farms workers and incite them to withdraw their application for land reform coverage of the land claimed by the company. AFFWA–NFSW members still live in fear.
   • On 16 November 2018, indiscriminate firing by around 100 elements of the AFP, PNP/SAF and the Joint Investigating Task Group in Sitio Puting Bato, Washington, Escalante City resulted in forced evacuation, controlled ingress/egress of the community, illegal encampment near households, illegal search and illegal detention, affecting 11 families with 21 individuals, including PAMALAKAYA and NFSW–FGT members.
   • On 1 February 2019, armed uniformed personnel ransacked and illegally searched the houses of Pakigdaet sa Kalambuan (PSK)–NFSW members in Sitio Magtuod, Bugang, Toboso. The soldiers intimidated them by doing a head count, noting the number of males, presumed by the soldiers to be members of the NPA, and also told them that something bad would happen to them if they refused to allow their houses to be searched.
   • On 22 February 2019, the armed forces searched the house of Tioliza Iwayan (NFSW–FGT member) in Jonob-Jonob, Escalante City, looking for alleged arms of the NPA but did not find any weapons.
   • On 4 March 2019, the house of Arjie Marangga (Secretary-General of NFSW–Toboso and “barefoot correspondent” of the Kaling kag Tugda radio programme) in Neuva Estrella, Barangay General Luna, Toboso, Negros Occidental, was surrounded by elements of the AFP who arrived in the area with one army truck, four vans and several motorcycles. The perpetrators alleged that Ms Marangga accommodated NPA members and told her and her family that something bad would happen to them if they did not withdraw their membership from the NFSW–FGT.
   • On 20 March 2019, soldiers intimidated and harassed the residents of Sitio Fuentes, Mabini, Escalante City and ransacked the house of Teddy Canillo (NFSW–FGT Area Organizer in Escalante City, Negros Occidental).
   • On 28 March 2019, military men, who introduced themselves as members of the PNP, stormed the community and ransacked the cooperative office and the households of Grace Parreno, Anilyn Serrondo, Chen-Chen Serrondo, Joenel Timplado and Eulando Serrondo (PSK leader), who was also further threatened.
   • On 9 April 2019, three men from the National Task Force to End Local Communist Armed Conflict (NTF) told 30 residents of Gaway-Gaway, Jonob-Jonob, Escalante City who attended a meeting of the Panihugsa sang mga Obreros sa Barangay Jonobjonob (POBJ)–NFSW that they were concerned with the problems of the farmers and the POBJ and that they should not join any rallies and mass actions or a warrant would be served on them.
   • On 19 April 2019, 113 farmers from 28 farmers’ associations (mostly NFSW–FGT and KMP members) attended a meeting in Escalante City, which served as a red-tagging venue on all progressive organizations, including the NFSW–FGT.
   • On 22 April 2019, 40 armed military men stormed the community and intimidated Eulando Serrondo (PSK leader) and other PSK–NFSW members.
   • On 24 June 2019, Theresa Aloquina, wife of Aldrin Aloquina (NFSW–FGT Regional Vice-Chairperson) was intimidated and harassed by NTF members who visited their house in Linao II, Balintawak, Escalante City looking for Mr Aloquina. The NTF admitted to her that the NFSW–FGT was legal but that it was backed by another organization.
   • On 26 June 2019, Rebecca Bucabal (Chairperson of Panaghiusa sa Obreros sa Barangay Balintawak (POBB)–NFSW) was intimidated and harassed in Balintawak, Escalante City by six NTF members. They asked her to cooperate and clear her name from being a member of “maot” (bad or negative) NFSW–FGT.
   • On 4 July 2019, the Silay City police personnel, armed with search warrants, searched the house of Jose Rex Escapalao (Vice-President of Hacienda Raymunda Farm Workers Union–NFSW), planted a revolver, arrested the union officer and charged him with illegal possession of firearms. Mr Escapalao was detained in the Silay City police station for one week and is now free on bail, while his case is in court waiting for the schedule of hearing.
   • On 5 July 2019, Susan Pabalate (NFSW–FGT member) was intimidated and harassed by 14 armed NTF members who visited her house in Malasibog, Escalante City.
   • On 14 July 2019, armed men in civilian clothes intimidated and threatened the family of Dingding (NFSW–FGT leader in the area) in Hacienda Amparo, Mabini, Escalante City, saying that they would regret it if anything unpleasant happened to their mother if she refused to make a statement that she would surrender as a member of the Communist Party of the Philippines.
   • On 14 July 2019, the residents of Minasugang, Tabunac, Toboso were intimidated and harassed during a Barangay Hall meeting by elements of the AFP. They were deceptively informed that a livelihood programme would be discussed in the meeting but were instead asked to surrender guns and weapons in their possession, which they did not have, and to clear their names. They were also forced to submit the names of the officials of their yet-to-be-registered cooperative affiliated to the NFSW–FGT. The records of the cooperative and related documents of their land case are now in the possession of the AFP.
   • On 27 and 28 July 2019, 171 residents from Barangays Bandila, Tabunac, Bugang and Magticol in Toboso were forced to join a peace seminar led by the AFP and other local government agencies, with the aim of deradicalizing them. They were also forced to make anti-progressive group placards and red flags painted with a hammer and sickle and were forced to carry them in a protest rally around the town centre, chanting “stop collecting”.
   • Since 2019, the military in cooperation with local government units has forcibly taken over the yearly commemoration of the 1985 Escalante massacre with a “peace summit” that has turned into a theatre of surrender with 2,400 supposed rebel returnees. The mayor had refused to give permits to groups that traditionally organized the commemoration and the police and soldiers arrested teams of Teatro Obrero, which performed at every annual commemoration.
   • Both the KMU and the UMA, as well as their members, were red-tagged by the National Task Force to End Local Communist Armed Conflict in its 2019 annual report. The Network Resisting the Expansion of Agricultural Plantations in Mindanao (REAP Mindanao), for which the UMA is the national coordinator, was also designated as a communist terrorist group in the agricultural sector.
   • On 19 April 2020, an usurpation of authority charge was filed against Ariel Casilao, UMA’s incumbent Vice-Chairperson. Mr Casilao was arrested after coming to the aid of six volunteers from the Sagip Kanayuan’s relief operations who had been arrested and detained at the Norzagaray police station. He was accused of misrepresenting himself as an incumbent member of the House of Representatives and the case is still pending in court.
   • UMA-Isabela was one of the progressive organizations red-tagged by the AFP between May and June 2020. Ripped sacks with names of activists accused of being recruiters for the NPA were hung on trees along major highways in three towns (Isabela, Cagayan and Tuguegarao City) and flyers were also distributed slandering activists as terrorists and recruiters for the NPA. In June 2021, officers of UMA-Isabela were again harassed for alleged links to the NPA – a fake surrender ceremony was organized, in which UMA officers refused to join the soldiers even though police officers and soldiers visited their houses for three days in a row, trying to coerce them to clear their names as NPA rebels. This incident occurred after UMA-Isabela filed a complaint at the Provincial Council of Santa Maria for violation of the minimum-wage law by a bio-ethanol plant, which threatened members of UMA-Isabela with death threats and mass dismissals.

C. The Government’s reply

1. 518. In its communication dated 27 January 2021, the Government reiterates that the allegations of the case have already been addressed by the Government. With regard to the cases of Emilio Rivera and Antonio Petalcorin, the Government points to the conclusions of the Regional Tripartite Monitoring Body – Region XI (RTMB–XI) that a case for murder had been filed and the investigator was conducting follow-up investigation to apprehend the suspect and gather any relevant information and that it could therefore not be said that the State lacked adequate investigations, prosecutions and independent judicial inquiries into the murder.
2. 519. As to the case of Kagi Alimudin Lucman, the Government reiterates that the case was not considered by the Inter-Agency Committee (IAC) as an extra-judicial killing based on the Administrative Order No. 35 Operational Guidelines but was investigated in accordance with regular criminal procedure, which led to a lack of material witnesses.
3. 520. Concerning the case of Carlos Cirilo, the Government states that according to the records, he was not refused police escort, contrary to the allegations and that despite follow-up investigations, no witnesses were found to provide information on the alleged grenade throwing incident at the victim’s residence.
4. 521. In relation to the above cases, the Government reiterates that they are being handled and investigated through the regular process of criminal investigation and prosecution and that the availability of the reports relies heavily on police investigations and regular court proceedings, the progress of which may be affected by a number of factors, such as the lack of material witnesses.

D. The Committee’s conclusions

1. 522. The Committee recalls that the present case concerns allegations of extra-judicial killings of three trade union leaders, an attempted assassination of another unionist and the failure of the Government to adequately investigate these cases and bring the perpetrators to justice, reinforcing the climate of impunity, violence and insecurity with its damaging effect on the exercise of trade union rights. Additional allegations refer to another 18 extra-judicial killings of trade union members and leaders in Manila and Negros Island, as well as numerous incidents of illegal arrests, detention, red-tagging, harassment, intimidation and threats against trade union members and leaders in the agricultural sector.
2. 523. With regard to the initial allegations and the status of the cases concerning the murders of Antonio “Dodong” Petalcorin, Emilio Rivera and Kagi Alimudin Lucman (recommendation (a)), the Committee notes that the Government reiterates previously provided information that the suspects in the cases of Emilio Rivera and Antonio Petalcorin have an arrest warrant pending against them and a continuing follow-up investigation is being conducted to apprehend the suspects and that the investigation into the case of Kagi Alimudin Lucman showed a lack of material witnesses. The Committee regrets once again that no substantial progress appears to have been made in bringing the perpetrators to justice in the three cases, despite the fact that the murders took place in 2013 and that the Government has indicated on several occasions that they were, or continue to be, investigated through the regular processes of criminal investigation and prosecution. Recalling that it is important that investigations into the murders of trade unionists should yield concrete results in order to determine reliably the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 96], the Committee once again expresses its firm expectation that the perpetrators in the mentioned cases will be brought to trial and convicted without further delay. The Committee trusts that the Government will continue to make every effort in this regard and urges the Government to keep it informed of any progress made.
3. 524. Concerning the additional allegations communicated by the ITF, the UMA and the NFSW–FGT, the Committee observes that the complainants denounce a policy of trade union repression and criminalization, especially in the agricultural sector, including through the implementation of Memorandum No. 32, which has resulted in practice in serious violations of human and trade union rights. In particular, the Committee observes that the complainants denounce 18 cases of extra-judicial killings of trade union members and leaders since 2016, namely Leonardo Escala, Ariel Diaz, Alexander Ceballos, Flora Gemola, Ronald Manlanat, Julius Broce Barellano, Eglicerio Villegas, Angelife E. Arsenal, Paterno M. Baron, Rene P. Laurencio Sr., Morena F. Mendoza, Marcelina D. Dumaguit, Rannel H. Bantigue, Jomarie S. Ugahayon Jr., Marchel Sumicad, Felipe Dacal-Dacal, Jose Jerry Catalogo and Antonio “Cano” Arellano, and allege that investigations into the incidents did not always yield results. The Committee further notes that the complainants’ allegations also concern illegal arrests, detention and false criminal charges against more than 100 workers, human rights activists and unionists, including from the NFSW–FGT and UMA-affiliated unions, as well as numerous incidents of intimidation, harassment, red-tagging and threats against trade union members and leaders. According to the complainants, the Government fails to provide adequate protection against these crimes, most of which were characterized by some degree of involvement of State agents, in particular members of the police, the armed forces or other organizations under their control. Observing that the Government has not yet provided its observations in this regard, the Committee must express deep concern at the gravity of the allegations made, as well as at their repeated and prolonged nature, resulting in a climate of violence and impunity with an extremely damaging effect on the legitimate exercise of trade union rights in the country. In these circumstances, the Committee must recall that acts of intimidation and physical violence against trade unionists constitute a grave violation of the principles of freedom of association and the failure to protect against such acts amounts to a de facto impunity, which can only reinforce a climate of fear and uncertainty highly detrimental to the exercise of trade union rights. Blanket linkages of trade unions to an insurgency have a stigmatizing effect and often place union leaders and members in a situation of extreme insecurity. It is important that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated. Furthermore, the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators [see Compilation, paras 90, 93 and 102]. Considering that a large number of the incidents are alleged to have been committed by or with the involvement of State agents, in particular the police, the armed forces or organizations under their control, the Committee also recalls that investigations should focus not only on the individual author of the crime but also on the intellectual instigators in order for true justice to prevail and to meaningfully prevent any future violence against trade unionists. It is crucial that the responsibility in the chain of command also be duly determined when crimes are committed by military personnel or the police so that the appropriate instructions can be given at all levels and those with control held responsible in order to effectively prevent the recurrence of such acts [see Compilation, para. 99].
4. 525. In line with the above, the Committee urges the Government to provide a detailed reply to the serious allegations of extra-judicial killings, illegal arrests, detention, threats, intimidation, harassment and red-tagging of trade unionists communicated by the ITF, the UMA and the NFSW–FGT and expects the Government to ensure that all of the above allegations will be rapidly investigated and perpetrators of violence against trade unionists identified and brought to justice, irrespective of whether they are private persons or State agents, so as to combat impunity and prevent the repetition of such acts. The Committee trusts that the Government will prioritize investigations into these serious incidents and requests it to keep it informed of the progress made in this regard, including the status of any cases initiated. The Committee also urges the Government to ensure the immediate release of any detained trade unionists, should their arrest or detention be connected to the legitimate exercise of their trade union rights.
5. 526. Finally, with regard to the climate of violence and insecurity alleged in this case, the Committee must recall that all allegations of violence against workers who are organizing or otherwise defending workers’ interests should be thoroughly investigated and full consideration should be given to any possible direct or indirect relation that the violent act may have with trade union activity [see Compilation, para. 101]. Emphasizing that the responsibility in this regard rests with the Government, the Committee expects the Government to do everything in its power to ensure that any past or future allegations of labour-related killings and other forms of violence against trade unionists are rapidly and properly investigated, so as to clarify the circumstances of the incidents, including the presence of any direct or indirect relation to trade union activity, determine responsibilities and punish the perpetrators with a view to preventing the repetition of such acts. The Committee also urges the Government to reinforce its efforts in combating violence against trade unionists by designing and implementing any necessary measures to this effect, including clear guidance and instructions to all State officials and operationalization of national monitoring and investigative mechanisms, so as to prevent recurring incidents of violence against trade union members and leaders and to ensure that they are not indiscriminately linked to insurgency or other paramilitary groups, considering the stigmatizing effect this may have on the exercise of legitimate trade union activities.
6. 527. The Committee draws the special attention of the Governing Body to the serious and urgent nature of the matters dealt with in this case.

The Committee’s recommendations

1. 528. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Recalling that the murders of Antonio “Dodong” Petalcorin, Emilio Rivera and Kagi Alimudin Lucman took place in 2013 and that the Government has indicated that they were, or continue to be, investigated through the regular processes of criminal investigation and prosecution, the Committee once again expresses its firm expectation that the perpetrators in the mentioned cases will be brought to trial and convicted without further delay. The Committee trusts that the Government will continue to make every effort in this regard and urges the Government to keep it informed of any progress made.
   • (b) The Committee urges the Government to provide a detailed reply to the serious allegations of extra-judicial killings, illegal arrests, detention, threats, intimidation, harassment and red-tagging of trade unionists communicated by the ITF, the UMA and the NFSW–FGT and expects the Government to ensure that all of the above allegations will be rapidly investigated and perpetrators of violence against trade unionists identified and brought to justice, irrespective of whether they are private persons or State agents, so as to combat impunity and prevent the repetition of such acts. The Committee trusts that the Government will prioritize investigations into these serious incidents and requests it to keep it informed of the progress made in this regard, including the status of any cases initiated.
   • (c) The Committee urges the Government to ensure the immediate release of any detained trade unionists, should their arrest or detention be connected to the legitimate exercise of their trade union rights.
   • (d) Finally, emphasizing the Government’s responsibility with regard to investigations into allegations of violence against workers who are organizing or otherwise defending workers’ interests, the Committee expects the Government to do everything in its power to ensure that any past or future allegations of labour-related killings and other forms of violence against trade unionists are rapidly and properly investigated, so as to clarify the circumstances of the incidents, including the presence of any direct or indirect relation to trade union activity, determine responsibilities and punish the perpetrators with a view to preventing the repetition of such acts. The Committee also urges the Government to reinforce its efforts in combating violence against trade unionists by designing and implementing any necessary measures to this effect, including clear guidance and instructions to all State officials and operationalization of national monitoring and investigative mechanisms, so as to prevent recurring incidents of violence against trade union members and leaders and to ensure that they are not indiscriminately linked to insurgency or other paramilitary groups, considering the stigmatizing effect this may have on the exercise of legitimate trade union activities.
   • (e) The Committee draws the special attention of the Governing Body to the serious and urgent nature of the matters dealt with in this case.