Allegations: The complainant organizations allege a deteriorating labour rights
situation in the country, characterized by numerous incidents of extrajudicial killings of
trade union leaders and members, attempted assassinations, illegal arrests and detention,
red-tagging, harassment, intimidation and threats against unionists, as well as trade union
repression and intervention in union affairs. The complainants denounce the Government’s
failure 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
- 324. The Committee last examined this case (submitted in February 2016)
at its March 2024 meeting, when it presented an interim report to the Governing Body
[see 405th Report, paras 477–509, approved by the Governing Body at its 350th Session]
- 325. The Government provided its observations in communications dated 16
April 2024 and 10 January 2025.
- 326. 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
A. Previous examination of the case- 327. At its March 2024 meeting, the Committee made the following
recommendations [see 405th Report, para. 509]:
- (a) The Committee once again firmly urges the Government to make every effort to
bring to trial and convict the perpetrators of the murder cases of Mr Antonio
“Dodong” Petalcorin, Mr Emilio Rivera and Mr Kagi Alimudin Lucman, and, should this
no longer be possible with respect to the archiving of the cases of Mr Petalcorin
and Mr Rivera, to engage with the trade unions concerned with a view to ensuring
their full review by a specialized, eminent, independent non-judicial body for the
consideration of any appropriate compensation. The Committee urges the Government to
provide information on any progress made in this regard.
- (b) With respect to the allegations of trade union repression reported by the ITF,
the UMA and the NFSW–FGT in March and June 2021 (allegations of extrajudicial
killings, illegal arrests, detention, false criminal charges, intimidation,
harassment, red-tagging and threats against trade union members and leaders), the
Committee once again firmly expects that the ongoing investigations and judicial
proceedings will fully consider any possible direct or indirect relation between the
violent acts and the trade union activities of the victims, and that the
perpetrators of violence against trade unionists will be identified and brought to
justice as soon as possible, irrespective of whether they are private persons or
state agents, with a view to combating impunity and preventing the repetition of
such acts. The Committee urges the Government to continue to provide updated
information on any progress achieved in this regard.
- (c) The Committee firmly urges the Government to take the necessary measures to
ensure that all alleged instances of killings and attempted killings reported by the
KMU in September 2021 are fully investigated by an independent mechanism with a view
to identifying and punishing the perpetrators, and to provide information on any
progress achieved in this regard. Observing that the Government has not yet provided
any information in relation to the incidents concerning the killing of Mr Danny Boy
Bautista and Mr Reynaldo Malaborbor, the Committee urges it to provide details on
any measures taken to address and investigate these incidents.
- (d) The Committee once again urges the Government to provide detailed and concrete
observations on the serious additional allegations of trade union repression and
criminalization of trade union activities reported by the KMU in September 2021. The
Committee urges the Government to ensure that all alleged instances of physical
violence, arrests, detention, threats and intimidation are rapidly and thoroughly
investigated and perpetrators of violence against unionists identified and brought
to justice, including when they are state agents, so as to combat impunity and
prevent the repetition of such acts.
- (e) The Committee once again urges the Government to ensure that any pending
criminal charges are dropped and any detained trade unionists immediately released,
should their arrest or detention be connected to the legitimate exercise of their
trade union rights.
- (f) The Committee also urges the Government once again to take the necessary
measures to address the alleged coercion of trade unionists to withdraw their union
membership, so as to prevent the repetition of such incidents, and to ensure that
workers’ strikes, as long as they remain peaceful, are not met with disproportionate
use of force by the police or the military.
- (g) The Committee urges the Government to continue to do everything in its power,
in full consultation with workers’ and employers’ organizations, to address and
remedy the extremely serious allegations that trade union violence and repression
are carried out as part of a state-sponsored scheme to silence legitimate trade
unions. It also urges the Government to further intensify its efforts to combat
violence against trade unionists by adopting, including within the framework of the
Inter-Agency Committee created under Executive Order No. 23, any necessary measures
to this effect, such as the dissemination of clear guidance and instructions to all
state officials and the full operationalization of national monitoring and
investigative mechanisms. The Committee requests the Government to continue to
provide information on any progress made in this regard.
- (h) The Committee draws the particular attention of the Governing Body to the
extreme seriousness and urgency of this case.
B. The Government’s reply
B. The Government’s reply- 328. In its communications dated 16 April 2024 and 10 January 2025, the
Government provides detailed information in relation to the pending issues and
emphasizes its continued cooperation with ILO supervisory mechanisms, as well as its
commitment to resolving the pending cases in line with ILO recommendations.
- 329. In relation to the murders of Antonio Petalcorin, Emilio Rivera and
Kagi Alimudin Lucman that were at the origin of this case, the Government emphasizes
that it has taken all reasonable and concrete action to adequately investigate the
incidents and bring the perpetrators to justice. It asserts that despite the challenging
circumstances (lack of material witnesses, failure of the victims’ families to cooperate
in the investigation and lapse of time), the cases remain under monitoring by existing
tripartite and governmental mechanisms. In particular, it reiterates that the criminal
cases against the accused in the killing of Mr Petalcorin and Mr Rivera were archived by
the court without prejudice to their reopening when the accused are taken into custody.
In July 2024, the police were directed by Executive Order No. 23 Inter-Agency Committee
to promote and protect freedom of association and the right to organize of workers (EO
23-IAC) to review and validate the results of its previous investigation but were not
able to obtain any additional information that would warrant a different conclusion than
that the killings constituted ordinary crimes, not motivated by the victims’ roles as
labour leaders. Similarly, according to the investigation of the Commission on Human
Rights (CHR), there was no indication that the killings in these cases were linked to
the exercise of freedom of association and efforts to locate and apprehend the accused
continue. The Regional Tripartite Monitoring Body (RTMB) – Region XI also reiterated, in
a resolution of April 2024 (a partially redacted copy was provided with the Government’s
report), its prior recommendation to delist the cases of Mr Petalcorin and Mr Rivera
from its monitoring given that Government agencies had exhausted efforts to investigate
and prosecute the cases and that neither State involvement nor a violation of freedom of
association had been established. The RTMB thus considered that the allegation of a lack
of adequate investigation by the Government was not accurate but it also recommended to
the police to intensify its implementation of “operation manhunt” and the “Simultaneous
Anti-Criminality Law Enforcement Operations” to serve warrants on a bimonthly basis
through the enhanced e-warrant system. Concerning the killing of Mr Lucman, the
Government indicates that the investigations have not progressed for lack of material
witnesses and the family’s migration to an undisclosed place.
- 330. In reply to the Committee’s recommendation to engage with trade
unions to ensure a full review of the above cases by a non-judicial body, the Government
provides details as to the existing mechanisms and the available avenues for
compensation. In particular, it indicates that, through the tripartite RTMB - Region XI,
it has fully engaged with the unions in reviewing the cases and that the
constitutionally mandated independent body of the country – the CHR – has also reviewed
the cases. The Government clarifies that the CHR is competent to issue financial
assistance to victims of human rights violations and their families and that, in
August 2023, the National Tripartite Industrial Peace Council (NTIPC) passed a
resolution calling for an adequate budget for the CHR to strengthen its capacity to
promote and protect human rights, including freedom of association, particularly in
relation to investigation of violations and provision of financial assistance to victims
and their families. The Government also informs that the Board of Claims (BOC), under
the Department of Justice (DOJ), administers a compensation programme for victims of
violent crimes. In March 2024, the CHR and the DOJ signed a memorandum to enhance
support to victims of human rights violations and their families in securing
compensation, including through a referral system, whereby the CHR will investigate
human rights violations and refer all interested applicants eligible for financial
assistance to the BOC, which will, in turn, facilitate the evaluation of claims referred
to it by the CHR.
- 331. Concerning the additional allegations of trade union repression
submitted by the complainants in March, June and September 2021, the Government provides
details in relation to most of the incidents but also reiterates its strong opposition
to the Committee’s examination of these allegations. According to the Government, these
allegations were not substantiated by the complainants, and they stem from factual
circumstances different from and unrelated to the original allegations and therefore do
not constitute new evidence relevant to the case. The Government considers that the
Committee has not given due consideration to the Government’s information which showed
that the allegations were not genuinely or reasonably connected to the exercise of
freedom of association but were, in many instances, linked to land or agrarian disputes.
The Government also contends that the additional allegations were either resolved
judicially or investigated by a competent authority (the CHR or the RTMB) which did not
find links to freedom of association, even though it recommended financial assistance in
those cases where there was a possible human rights violation. It asserts that the
information below on the ongoing or concluded cases demonstrates that the judicial
system is independent and functioning and emphasizes that trade unionists who engage in
criminal activity are not protected from criminal liability solely because they are
union members.
- 332. With regard to the incidents of killings reported by the
complainants, the Government provides the following information on the status of the
judicial proceedings or investigations undertaken by the CHR and the RTMB, where applicable:
- - The police recommended to archive the case concerning the killing of Leonardo
Escala considering that there was insufficient evidence to establish the identity of
the perpetrators and the continued reluctance of the victim’s family and colleagues
to cooperate in the investigation. The CHR investigated the case, found a human
rights violation and recommended financial assistance to the family.
- - Police investigations into the case concerning the killing of Ariel Diaz pointed
to a land dispute as a possible motive behind the killing. A criminal case for
murder was filed and an arrest warrant issued against private individuals but, in
March 2019, the case was archived by the court without prejudice to its reopening
once the accused are placed in custody. In November 2023, the police requested a
cartographic sketch of the accused to facilitate the arrest, but the only eyewitness
was severely ill and could not provide the information. When the RTMB – Region II
invited the victim’s organization to meetings in September and November 2023 and
March and June 2024 to obtain further information, none of its officers attended.
The CHR found an arbitrary deprivation of the victim’s right to life, recommended
granting financial assistance to the family and closed the case but recommended
continuous monitoring of the criminal case.
- - The cases concerning “the Sagay 9” farmers (from Hacienda Nene Barbara) were
archived by the court pending the arrest of the accused. The CHR found that the
victims had been arbitrarily deprived of their right to life and recommended
financial assistance to the families (provided except for one victim). The CHR did
not make any categorical determination as to the motive behind the killing, although
reference was made to the peoples’ right to land and to the State’s obligation to
protect the right of peaceful assembly.
- - In the case of Alexander Ceballos, his wife identified a land caretaker as the
assailant but manifested disinterest in filing a case against him. Based on her
testimony, the police concluded that the possible motive behind the killing was
involvement in a land dispute. In December 2018, the CHR found a human rights
violation and indicated that it was probable that the victim was killed because of
his work as a union leader. As the identity of the perpetrator could not be
ascertained at that time, the CHR closed the case without prejudice to its reopening
and recommended granting financial assistance to his family.
- - The case of Flora Gemola was closed by the CHR, which found a human rights
violation and recommended financial assistance, which was provided to the family in
February 2021.
- - In October 2020, the RTMB – Region VI recommended delisting the case of Ronald
Manlanat from its monitoring as it was related to a land dispute and the victim’s
family did not wish to pursue a case against the perpetrators. The CHR found a human
rights violation, possibly motivated by a land dispute, and recommended granting
financial assistance to the family in July 2024.
- - In the case of the killing of Julius Broce Barellano, the police investigation
revealed that the possible motive was the victim’s involvement in a land dispute.
The accused (a private person) is in detention and a criminal case for murder is
pending against him. The CHR found human rights violations and recommended
continuous monitoring of the criminal case filed in court, as well as possible
financial assistance.
- - The CHR found human rights violations concerning the killing of Felipe Dacal-Dacal
and recommended financial assistance. The victim’s wife expressed disinterest from
filing a case in court against the assailants.
- - The cases concerning the killing of Jose Jerry Catologo are pending investigation
by the CHR.
- - In June 2024, the CHR found a human rights violation, in particular of the right
to life, in the case concerning the killing of Antonio Cano Arellano but recommended
closing the case, as the perpetrators could not be identified.
- - The CHR investigated the alleged threats to the life of Jerry Alicante in 2019 and
concluded, that there was a violation of the right to life and closed the case.
- - In the case of Paul John Dizon, the CHR found that there was insufficient evidence
to support the allegation of a threat to his life and closed the case.
- - In the case concerning the killing of Reynaldo Malaborbor, the victim’s wife
entrusted the investigation to the Laguna police and informed them that she did not
wish to be involved in it. In March 2022, the Police Regional Office Calabarzon
reported that the suspect in the killing was found dead in August 2020; therefore,
the criminal case was closed. In March 2021, the CHR archived the case without
prejudice to its reopening should there be new and material evidence. It concluded
that while the victim was affiliated to a labour organization; there was
insufficient evidence to support that his death was a result of a union dispute or
matter. The CHR recommended granting financial assistance to the victim’s wife.
- - In the case concerning the killing of Danny Boy Bautista, the police investigation
established that the motive for the killing was alleged commission of theft. A
criminal complaint was filed for murder, but it was dismissed by the prosecutor in
February 2019 and no witnesses showed up when the police conducted further
investigation in April 2022, while the victim’s wife manifested disinterest to
pursue the case. The CHR also concluded that the killing was probably motivated by a
theft based on an interview with the victim’s wife and declared the case closed in
September 2019 without prejudice to its reopening should there be evidence of State
involvement. The RTMB – Region XI recommended, in December 2023 and April 2024,
delisting the case from its monitoring considering that both the State and the CHR
investigated the incident and found that there was lack of evidence that would
establish a connection between the victim’s death and freedom of association and
there was no evidence of State involvement. Nevertheless, the RTMB recommended that
the police conduct a follow-up investigation for possible re-filing of the
case.
- - Concerning the killing of Dandy Miguel, the CHR found an arbitrary deprivation of
the right to life and even though it noted that the victim was a trade union leader,
it did not find sufficient evidence to show that Miguel was targeted or killed
because of his union membership. The case was archived in May 2022 and the victim’s
wife was granted financial assistance.
- - Regarding the Southern Luzon raids, the case of Emmanuel “Manny” Asuncion was
investigated by a Special Investigating Team under Administrative Order No. 35,
which recommended the filing of murder charges. A criminal complaint against 17 law
enforcement agents involved in the incident was filed but was dismissed by a panel
of prosecutors in January 2023 (the complainant failed to discharge the obligation
to prove the existence of a crime and the identity of the perpetrators). The motion
for reconsideration was also dismissed in August 2023. The CHR investigation into
the killing was closed as resolved in September 2022 and the victim’s wife received
financial assistance. The cases of Puroy Dela Cruz, Randy Dela Cruz, Ariel
Evangelista, Chai Lemita Evangelista, Mark Lee Bacasno, Melvin Dasigao, Abner Esto
and Edward Esto were closed with a finding of a human rights violation and a
recommendation of financial assistance.
- 333. Regarding the incidents of alleged illegal arrests and detention of
trade unionists, as well as the filing of fabricated criminal charges against them, the
Government indicates that:
- - The criminal cases against John Milton Lozande, Lindy Perocho, Roberto Lachica and
Ramir Corcolon, as well as Joel Guillero, Leon Charito, Rolly Hernando and Kenneth
Serando (members of Teatro Obrero), were dismissed and cases against Rene Manlangit
and Rogelio Arquillo were archived.
- - The case of Joseph Canlas, who had been arrested in March 2021, was closed in May
2024 following his death in detention after having contracted COVID-19. The CHR
concluded that there was no human rights violation, the arrest warrant and search
warrant had been validly issued and Canlas confirmed that he had been treated well
and was not harmed.
- - The criminal cases against Marklen Maojo Maga for illegal possession of firearms
and murder were dismissed by the court in September 2022 and July 2024. The
circumstances of his arrest and detention are undergoing investigation by the CHR to
determine whether there was any human rights violation.
- - Imelda Sultan was acquitted of the charges pending against her in July 2024.
- - According to the CHR, Alfredo Omandan was released in November 2019 and the case
at the RTMB was closed as the alleged violation of freedom of association had not
been substantiated.
- - The cases of Ricky Omandam and Angelica Pavorada Regasajo at the RTMB were closed,
as the alleged violation of freedom of association had not been substantiated. Ricky
Omandam also confirmed that he had voluntarily surrendered to the Government and had
not filed any complaint regarding the supposed arrest.
- - In October and November 2023 and September 2024, the RTMB – Region X recommended
delisting the cases of Julie Belvastamen, Susanu Aguaron, Ariel Ronido and Edgardo
Andales, as it found insufficient evidence to establish that these cases were
motivated by acts calculated to suppress freedom of association and the right to
organize or connected to the victims’ union membership. Julie Belvastamen and Susanu
Aguaron could not be located to be interviewed by the CHR.
- - Dennise Velasco was released from detention based on a court order granting his
motion to quash the search warrant. According to the CHR investigation, the arrest
could constitute a human rights violation. The CHR therefore recommended the
continuous monitoring of the case in court and the granting of financial
assistance.
- - The case of alleged unlawful arrest on fabricated charges against Rowena Rosales
and Oliver Rosales were investigated by the CHR but they were uncooperative during
the investigation. This made it difficult for the CHR to determine whether there was
a violation of human rights and therefore it closed the case in May 2024.
- - The criminal cases against Gaspar Davao, Danilo Tabura, Juan Alexander Reyes, as
well as Buenvinido Ducay, Carlo Apurado and Reynaldo Saura (members of the Teatro
Obrero) are pending. In another case concerning a minor (name not disclosed) who had
been subject to an intervention programme, the court ordered termination of the
programme.
- - The criminal cases against Romina Astudillo, Mark Ryan Cruz and Jaymie Gregorio
are pending and the CHR continues its inquiry into these incidents.
- - In the case of Arnedo “Nedo” Lagunias, his petition for bail is before the court,
as of October 2024. The case was referred to the RTMB for validation and information
gathering.
- - The cases against Steve Mendoza and Elizabeth Camoral are ongoing. The cases were
referred to the RTMB concerned for validation and information gathering.
- - The case against Eugene Eugenio was submitted for decision and is awaiting
promulgation by the court.
- - The cases against Ricky Cañete for murder and attempted murder are ongoing.
- - The alleged unlawful arrest and fabricated charges involving Ramon Rescovilla were
investigated by the CHR but the Government cannot provide information on the result
of the CHR’s investigation as the victim declined to disclose information from the
interview to offices or stakeholders other than the Department of Labor and
Employment (DOLE). The trials regarding the criminal charges against him for the
murder of a member of the military in January 2020, and the illegal possession of a
firearm, an explosive and live ammunition, are ongoing.
- - Based on a police report from May 2024, Jose Bernardino has one case pending
against him (for rebellion), while one case against him was dismissed and he was
acquitted in another case.
- - Regarding the allegations of a search of the residence of Joel Demate’s daughter,
according to an interview with a KMU representative, this could have been a clerical
error and may have referred to a search of the residence of Demate himself and not
his daughter. This was confirmed by the Criminal Investigation and Detection Group
(CIDG) National Capital Region (NCR) and it was clarified that the police strictly
observed existing rules and jurisprudence in implementing the search warrant. Both
the trial court and the court of appeals upheld the validity of the search warrant.
The issue is pending before the Supreme Court.
- - The case of Florentino Pol Viuya for illegal possession of firearms is ongoing and
the accused has been released from detention during the trial. The CHR conducted its
own investigation and found that the allegation that the police had planted the
firearms was serious but there was no evidence to support it. The arrest warrant was
issued by a competent authority and his rights to due process and protection against
arbitrary detention and unlawful searches and seizures were upheld throughout the
process.
- - Edilberto Sangga was convicted for violation of the election gun ban.
- - The case of Eugene Garcia was monitored by the RTMB, but a representative from the
KMU indicated that he was not aware of the alleged arrest of Eugene Garcia.
- - According to the CHR, the identities of the six women members of OGYON and the
circumstances of their arrest were not established with certainty. Their case at the
RTMB – Region X was also closed since the allegations were too vague to permit a
consideration on the merits (the names of the women were not indicated).
- 334. Concerning the additional allegations of red-tagging, harassment,
intimidation and threats against trade unionists, the Government provides the following information:
- - The court case against Teddy Canillo was archived.
- - The court case against Ariel Casilao was dismissed in September 2023 and the CHR
also considered the case closed. Similarly, the RTMB – Region III adopted a
resolution in September 2024 recommending the delisting of the case from its
tripartite monitoring given that the facts surrounding the filing of the criminal
case were not related in any way to the exercise of the right to organize and that
the criminal case for usurpation of authority had been dismissed by the court.
- - Marilyn Hernandez, Carlos Sañosa, Jun Delos Reyes, Roberto Hernandez and Josefina
Castillano filed a complaint with the CHR concerning their 2017 arrest. The CHR
found that they were members of a people’s organization providing humanitarian
assistance to civilians affected by armed conflict. Taking this into account, as
well as the criminal case filed against them for attempted murder, the CHR concluded
that they had been wrongfully arrested and detained. It therefore recommended
granting financial assistance. The case is now closed.
- - The investigation into the alleged visits by State agents to 35 union officers of
the Nexperia Philippines Inc. Workers’ Union-NAFLU-KMU is ongoing. The CHR reported
that it had provided legal assistance to the union members and recommended closing
the case.
- - The CHR conducted an onsite investigation into the incident concerning the
President of OLALIA-KMU, Hermenigildo “Hermie” Marasigan, and found that there was
no evidence that the unionist was harassed, threatened or labelled. It therefore
closed the case without prejudice to its reopening should there be new, convincing
and material evidence.
- - The case of Guillermo “Ka Gimo” Hernandez was closed at the CHR without any
financial assistance as the alleged human rights violation had not been
substantiated.
- - Although the President of the Alcophil Workers’ Union-Alliance of Genuine Labor
Organizations-KMU, Eliseo Taping, informed that a complaint was filed at the CHR and
that he would furnish the RTMB with the relevant documents, there is no record of a
pending case before the CHR. He also indicated that he had a new job and vehicles
were no longer making rounds in this area.
- - In some incidents the complainants failed to provide additional details when
prompted by the RTMB – Region VI, thus hindering the Government’s efforts to gather
information, validate the allegations, monitor and take appropriate remedies
(incidents involving Theresa Aloquina, Dingding, Rebecca Bucabal, Tioliza Iwayan,
Arjie Marangga, Susan Pabalate, members of the Pakigdaet sa Kalambuan (PSK-NFSW),
members of the PAMALAKAYA and NFSW-FGT, Grace Parreno, Anilyn Serrondo, Chen-Chen
Serrondo, Joenel Timplado, Eulando Seroondo, the UMA-Isabela and the 113 farmers
from 28 farmers’ associations).
- - Esperidion Cabaltera, Richard Genabe and Ronald Rosales (union officers of the
Musahamat Workers Labour Union (MWLU)) were not abducted but voluntarily yielded to
an invitation for dialogue with the army and later voluntarily resigned from the
company and thus from the union. According to the RTMB – Region XI, the persons
signed a document saying they are not interested in filing any complaint. The
incident involving Hasil Delima was denounced by the person himself.
- - The case of Godfrey Palahang at the RTMB was closed, as the incidents did not
constitute a violation of freedom of association and Palahang denied the allegations
submitted by the complainants. The CHR also informed that it would not pursue a case
regarding his supposed arrest.
- - In relation to the Nagkakaisang Manggagawa ng Supreme (NMS-NAFLU-KMU) incident,
which concerned allegations of interference in union activities, the NMS President
and Treasurer submitted a written statement explaining that there was a vote to
disaffiliate from the NAFLU-KMU and that no incidents occurred during the procedure.
The CHR found no evidence to substantiate the alleged harassment or labelling of
union members by the police and closed the case in February 2024.
- - In the case of the Wyeth Philippines Progressive Workers’ Union-Drug and Food
Alliance-KMU, the local union President indicted to the DOLE that neither himself
nor his union members had experienced any form of harassment and that the visit of
the Task Force Ugnay consisted only of a peaceful conversation. In August 2023, the
CHR declared the case closed due to lack of evidence establishing any human rights
violations. Although a letter was sent to the KMU to provide further information,
there was no reply.
- - Jose Rex Escapalao was convicted for unlawful acquisition or possession of
firearms and ammunition.
- - The incidents concerning Celso Gonzales, Celso Salgado, Ernesto Tilacas and Noel
Zaragosa (members of the Hacienda San Herman Farm Workers Union-NFSW), as well as
the incidents relating to members of the Aidsisa Farmers and Farm Workers
Association (AFFWA-NFSW) were linked to a land dispute.
- 335. Regarding the additional allegations of violent strike dispersal,
the Government states that:
- - The Office of the Ombudsman issued a joint resolution in February 2018 dismissing
the criminal and administrative cases against the police officer allegedly involved
in the dispersal of the June 2017 strike of workers from the Shin Sun Workers’ Union
(SSWU). The case was referred to the CHR for investigation, which contacted the KMU
for information but received no answer.
- - The RTMB – Region III issued a resolution concerning the April 2018 strike of the
United Workers of NutriAsia, where 1 worker was dismissed and 23 arrested,
denouncing the violent dispersal of strikers and picketers and calling on the police
to strictly observe existing guidelines when maintaining peace. Concerning the
arrested workers, the trial court dismissed the cases for direct assault in July
2021 but, regarding the separate charges of direct assault filed against Jessi Villa
Castin, Francis Estrella, Ronald Gillego and Memie Bancat, the court found them
guilty of a lesser offence of resistance and disobedience and ordered them to pay a
penalty of 2,000 Philippine pesos. The strike was declared illegal by both the
National Labour Relations Commission Regional Arbitration Branch III in August 2019
and the Court of Appeals in August 2020.
- 336. In relation to the more general additional allegations, the
Government strongly opposes the allegations of the lack of rule of law, failure of the
judiciary to be independent and the suggestion that the DOLE submits information on
union members to support counter-insurgency activities of the Government. It further
states that the Supreme Court considered that the Anti-Terrorism Act was not
unconstitutional but ruled as unconstitutional section 25(2), second and third modes of
designation and the proviso in section 4. The Government clarifies that there are three
levels of investigation by the DOJ, the National Intelligence Coordinating Agency and
the Anti-Terrorism Council (ATC) before a group of persons, an organization or an
association is judicially declared as terrorist, thus ensuring that there is no
arbitrary or erroneous declaration as terrorist. In December 2023, the Supreme Court
issued the Rules on the Anti-Terrorism Act, which provide for judicial relief from
designations by the ATC and freeze orders by the Anti-Money Laundering Council, which
are without prejudice to the availability of other remedies, such as the writ of habeas
corpus, the writ of amparo or the writ of habeas data. The Government further states
that, in April 2024, the ATC affirmed its sole and exclusive authority to designate
individuals or groups as terrorist under the Anti-Terrorism Act. The ATC also instructed
all ATC members to report to it incidents of non-compliance with the procedures and
guidelines for designation of terrorists, unauthorized designations or other related
issues. The Government also informs that bills to define and penalize red-tagging or
labelling are pending in Congress and that, in the meantime, the Supreme Court declared,
in July 2023, that red-tagging, vilification, labelling and guilt by association
constitute threats to a person’s right to life, liberty or security and may justify the
issuance of a writ of amparo. In relation to the alleged re-tagging of KMU members, the
Government asserts that the KMU did not indicate whether it had availed itself of any of
the mentioned remedies and simply alleged that it was arbitrarily denied any remedies by
the Government.
- 337. The Government concludes by stating that the strategies identified
in the road map adopted by the NTIPC in August 2023 include promoting a common
understanding of the principles of freedom of association among Government stakeholders
and sectoral partners, strengthening and capacitating existing tripartite monitoring
bodies and fostering institutional partnerships to promote freedom of association. The
Government points to several capacity-building activities, dialogues and other measures
taken to this effect, including the approval by the NTIPC of the 2024 Omnibus Guidelines
on the Exercise of Freedom of Association and Civil Liberties drafted by a tripartite
working group. It also points out that the DOLE is reviewing the structure of tripartite
mechanisms in the context of the labour sector’s proposal to create an oversight
committee within the NTIPC to monitor the implementation of the road map. The Government
asserts that it has been utilizing its entire machinery to validate the reports of
violations and provide appropriate legal measures.
C. The Committee’s conclusions
C. The Committee’s conclusions- 338. The Committee recalls that the present case concerns allegations of
a deteriorating labour rights situation in the country, characterized by numerous
incidents of extrajudicial killings of trade union leaders and members, attempted
assassinations, illegal arrests and detention, red-tagging, harassment, intimidation and
threats against unionists, as well as allegations of trade union repression and
interference in union affairs, and the Government’s failure 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.
- 339. With regard to the criminal cases concerning the murders of Antonio
“Dodong” Petalcorin, Emilio Rivera and Kagi Alimudin Lucman, which were at the origin of
this case (recommendation (a)), the Committee recalls that these unionists were leaders
from the National Confederation of Transport Workers’ Unions of the Philippines (NCTU)
or local organizations affiliated to it and that the complainants alleged that the
murders, which took place in 2013, were motivated by their union membership and
anti-corruption advocacy. The Committee further recalls that the Government previously
indicated that the cases of Mr Petalcorin and Mr Rivera were archived without prejudice
to their reopening in case of new developments. The Committee notes the Government’s
indication in this regard that even though the police conducted a re-investigation of
these killings in July 2024, it was not able to obtain information showing anti-union
motive behind the incidents and that similar conclusions were drawn by the CHR and the
RTMB, which considered that Government agencies had exhausted efforts to investigate and
prosecute the cases. The Committee also notes the information provided by the Government
that investigations in the case of Mr Lucman have not progressed for lack of material
witnesses. While observing with regret that 12 years after the incidents, no real
progress appears to have been made in bringing the perpetrators to justice in the three
cases, the Committee takes due note of the Government’s indication that the cases remain
under monitoring by existing tripartite and governmental mechanisms despite the
challenging circumstances (lapse of time, lack of material witnesses, non-cooperation of
the victims’ families, and suspects being at large). Further observing that neither the
police nor the relevant mechanisms were able to establish anti-union motives behind the
murders of the three union leaders but recalling that, according to the complainants,
the murders were connected to their union activities, the Committee requests the
Government to keep it informed of any progress made, including on its intensified
efforts to implement the issued arrest warrants, as recommended by the RTMB. In light of
the information provided by the Government on the review of these cases by non-judicial
and tripartite mechanisms and the available avenues for compensation, the Committee
requests the Government to indicate whether any concrete measures were taken to
facilitate adequate compensation to families of the victims in these cases.
- 340. Concerning the additional allegations communicated by the
complainants in 2021, the Committee recalls that these refer to a policy of trade union
repression and criminalization which the complainants allege has resulted in practice in
serious violations of human and trade union rights, including numerous cases of
extrajudicial killings of trade union members and leaders since 2016, illegal arrests,
detention and false criminal charges against workers, human rights activists and
unionists, as well as numerous incidents of intimidation, harassment, red-tagging and
threats against trade union members and leaders, most of which were, according to the
complainants, characterized by some degree of involvement of State agents, in particular
members of the police, the armed forces or other organizations under their control. The
Committee notes the Government’s strong opposition to its examination of these
allegations, putting forward that they stem from factual circumstances different from
and unrelated to the original allegations, that they were not sufficiently substantiated
by the complainants and that they were either resolved judicially or investigated by a
competent authority. In addition, the Government claims that the Committee has not given
due consideration to information previously provided by it, which shows that the
allegations were not genuinely connected to freedom of association, that many were
linked to land disputes and that in some instances, the victims themselves or their
organizations denied these allegations. While taking note of these assertions, the
Committee wishes to recall once again that, it is within the mandate of the Committee to
examine whether, and to what extent, satisfactory evidence is presented to support
allegations; this appreciation goes to the merits of the case and cannot support a
finding of irreceivability [see Compilation of decisions of the Committee on Freedom of
Association, sixth edition, 2018, para. 14]. Furthermore, it is not always easy or
possible to provide proof for all types of allegations. It is the evaluation of the
elements submitted that is decisive (a process carried out when the Committee examines
the case) and direct interest in the case in terms of receivability is assumed when, as
in the present complaint, the complainant organizations allege widespread non-compliance
with freedom of association. In addition, the Committee has, on various occasions,
decided to join allegations of a similar nature concerning the same country into one
case, where it considered that it would allow for a comprehensive examination of the
allegations presented before it.
- 341. Turning to the substance of the additional allegations, the
Committee notes that the Government provides detailed information in relation to the
numerous incidents of killings and attempted killings reported by the complainants
(recommendations (b) and (c)). In particular, it notes that in most cases, the CHR
investigation found a human rights violation (arbitrary deprivation of life) and
recommended financial assistance to the victims’ families, without necessarily finding a
link to freedom of association (Leonardo Escala, Ariel Diaz, the “Sagay 9”, Flora
Gemola, Ronald Manlanat, Felipe Dacal-Dacal, Antonio Cano Arellano, Jerry Alicante,
Dandy Miguel, Puroy Dela Cruz, Randy Dela Cruz, Ariel Evangelista, Chai Lemita
Evangelista, Mark Lee Bacasno, Melvin Dasigao, Abner Esto, Edward Esto, Reynaldo
Malaborbor, Danny “Boy” Bautista and Emmanuel “Manny” Asuncion). The Committee also
notes from the information provided that the relevant RTMBs recommended delisting these
cases from their monitoring as there was insufficient evidence to support that the
killings were caused by union membership or resulted from State involvement and that
court cases in relation to these incidents were either not filed (the family desisted
form pursuing the matter) or were dismissed, closed or archived for various reasons
(lack of evidence, unclear identity of the perpetrator, accused at large or deceased,
victims’ family’s reluctance to cooperate). The Committee further notes that: (i) in the
case of Alexander Ceballos, the police concluded that the possible motive behind the
killing was involvement in a land dispute while the CHR found a human rights violation
and considered it probable that the victim was killed because of his work as a union
leader; (ii) in the case concerning the killing of Paul John Dizon, there was
insufficient evidence at the CHR to support the alleged threat to his life; and (iii)
the case of Jose Jerry Catologo is pending investigation at the CHR and the case of
Julius Broce Barellano is pending in court.
- 342. The Committee understands from the above information that while the
court cases in these incidents, where they were filed, have not yet resulted in fruitful
prosecution of the suspects, the CHR has, in most of the cases, found a violation of the
right to life and recommended the granting of financial assistance to the victims’
families, even though it was not able to establish the link to freedom of association.
Noting the Government’s indication in this regard about the readiness of the relevant
authorities to reopen archived cases if new evidence becomes available or the suspects
are apprehended, the Committee requests the Government to keep it informed of any
developments on this matter. The Committee also requests the Government to inform it of
any measures taken to reopen or reinvestigate the case of Alexander Ceballos, after the
CHR found that union activities may have been the motive behind his killing. Further,
noting that one case is pending in court and one is pending investigation at the CHR,
the Committee firmly expects the Government to prioritize these proceedings and to
ensure that the possible link to freedom of association is duly taken into account.
Finally, recalling that the right to life is a fundamental prerequisite for the exercise
of freedom of association and that incidents of murder of numerous trade unionists,
whether it is subsequently proven that they were motivated by union membership or not,
create a climate of fear which has extremely damaging effect on the legitimate exercise
of trade union rights, the Committee urges the Government to continue its efforts in
combating violence against trade unionists, including by designing and implementing any
necessary measures to this effect, such as clear guidance and instructions to all State
officials, and training to the concerned officials on the handling of situations
involving trade unions, as well as through full operationalization of national
monitoring and investigative mechanisms and any other appropriate measures, including
within the framework of the 2023 road map (addressed below).
- 343. With regard to the additional allegations of numerous incidents of
illegal arrests, detention and the filing of fabricated criminal charges against trade
unionists (recommendations (b), (d) and (e)), the Committee takes note of the detailed
information provided by the Government. While noting in particular that court cases
filed against some unionists were dismissed or archived or the accused unionists were
acquitted, the Committee regrets to observe that one was convicted for violating a gun
ban and that criminal cases against many others are still pending at various stages of
the proceedings (Ricky Cañete, Gaspar Davao, Danilo Tabura, Buenvinido Duca, Carlo
Apurado, Reynaldo Saura, Romina Astudillo, Mark Ryan Cruz, Jamie Gregorio, Juan
Alexander Reyes, Ramon Rescovilla, Jose Bernardino, Joel Demate, Dennise Velasco, Arnedo
“Nedo” Lagunias, Steve Mendoza, Elizabeth Camoral, Eugene Eugenio and Florentino Pol
Viuya). The Committee further notes that most of the above incidents, which had been
referred to the RTMB or the CHR for monitoring or investigation, were closed or
recommended for delisting, either because the entities were not able to establish a
clear link between the incidents and freedom of association or due to insufficient
evidence to assess such a link, while a few are still undergoing investigation by these
entities (Ramir Corcolon, Marklen Maojo Maga, Romina Astudillo, Mark Ryan Cruz, Jamie
Gregoria, Arnedo “Nedo” Lagunia, Steve Mendoza and Elizabeth Camoral). Recalling in this
regard that the arrest of trade unionists and leaders of employers’ organizations may
create an atmosphere of intimidation and fear prejudicial to the normal development of
trade union activities [see Compilation, para. 126], the Committee urges the Government
to ensure that any pending criminal charges are dropped and any detained trade unionists
immediately released, should their arrest or detention be connected to the legitimate
exercise of their trade union rights. The Committee requests the Government to keep it
informed of any developments concerning the pending criminal cases, as well as ongoing
investigations by the RTMB and the CHR. Further observing that no information was
provided on the previously denounced arrest of Ireneo Atadero and Aiza Gamao (both
arrested for alleged illegal possession of firearms) and on the investigation into the
attempted search of the residence of Ricky Chavez, the Committee requests the Government
to provide any relevant updates in this respect.
- 344. Concerning the allegations of intimidation and red-tagging, the
Committee recalls that these referred, on the one hand, to allegations of institutional
criminalization, repression and vilification of trade union activities and red-tagging
of unions as terrorist organizations, and, on the other hand, specific serious incidents
of harassment, intimidation and red-tagging (recommendations (b) and (d)). Regarding the
more general allegations, the Committee notes that the Government strongly opposes the
alleged lack of rule of law, failure of the judiciary to independently investigate and
the suggestions that the DOLE submits information on unionists to support
counter-insurgency initiatives. The Government adds that there are three levels of
investigation before any individual or association can be judicially declared as
terrorist, which it considers avoids arbitrary or erroneous declarations, and that the
Supreme Court declared, in July 2023, that red-tagging, vilification, labelling and
guilt by association constitute threats to a person’s right to life, liberty or security
and may justify the issuance of a writ of amparo. In this regard, the Committee also
notes from the information provided by the Government and from previous considerations
of the Committee of Experts on the Application of Conventions and Recommendations that,
following the 2021 Supreme Court decision, which nullified two provisions of the
Anti-Terrorism Act, terrorism as defined in section 4 does not include advocacy,
protest, dissent, stoppage of work, industrial or mass action, and other similar
exercises of civil and political rights. Further welcoming additional measures reported
by the Government, including the adoption by the Supreme Court of the Rules on the
Anti-Terrorism Act providing for judicial relief from terrorist designations and freeze
orders, issuance of instructions to ATC members to report incidents of unauthorized
designations or other non-compliance with the applicable guidelines and procedures and
legislative initiatives to define and penalize red-tagging, the Committee trusts that
the Government will ensure that the Anti-Terrorism Act is not implemented in a manner so
as to restrict legitimate union activities and related civil liberties. The Committee
requests the Government to provide information on any related developments, including
any supplementary measures proposed or taken to address the perceived policy of
repression, labelling and vilification of trade unions, alleged by the
complainants.
- 345. On the specific incidents of harassment, intimidation and
red-tagging denounced by the complainants, the Committee notes the Government’s
indication that: (i) some incidents were linked to land disputes; (ii) in many instances
the RTMB or the CHR lacked information to properly investigate the incidents; (iii) in
several instances the allegations were rebutted by the persons concerned or their
organizations or they desisted from filing complaints; therefore the cases were closed
at the RTMB or the CHR; (iv) the CHR also closed a number of cases as it did not find
the alleged human rights violation or did not find a link to freedom of association; (v)
court cases against several unionists were dismissed or archived; (vi) Jose Rex
Escapalao was convicted for unlawful acquisition or possession of firearms and
ammunition; (vii) investigation into the incident of the Nexperia Philippines Inc.
Workers’ Union-NAFLU-KMU is ongoing; and (viii) in relation to the arrest of Marilyn
Hernandez, Carlos Sañosa, Jun Delos Reyes, Roberto Hernandez and Josefina Castillano,
the CHR found that they were members of a people’s organization providing humanitarian
assistance to civilians affected by armed conflict and had been wrongfully arrested and
detained; it therefore recommended granting financial assistance of 10,000 Philippine
pesos each. While taking note of this information, including the Government’s repeated
assertion that many incidents were linked to land disputes or the relationship to
freedom of association was not established, the Committee must recall the severity of
the allegations reported by the complainants against a large number of unionists and the
extremely damaging effect that they are reported to have had on the legitimate exercise
of trade union rights in the country. It recalls in this regard that 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 [see Compilation, para. 93] and that
acts of harassment and intimidation against trade union members and leaders create an
atmosphere prejudicial to the normal development of trade union activities. In line with
the above, the Committee requests the Government to keep it informed of the outcome of
the pending investigation and of any concrete measures taken to address the repeated
concerns expressed by the complainants, both in relation to red-tagging and with regard
to harassment and intimidation of trade unionists. It also invites the complainants to
provide to the competent authorities any relevant information in their possession that
could allow the authorities to proceed with a comprehensive investigation of the
incidents where the Government indicated that the RTMB or the CHR lacked sufficient
information (detailed above).
- 346. The Committee further observes that no information was provided by
the Government on the following incidents of intimidation, harassment and red-tagging
allegedly intended to repress unionism and instil fear among union members: April 2019
incident involving threats on 30 residents of Gaway-Gaway, Jonob-Jonob, Escalante City;
July 2019 incident concerning threats on residents of Minasugang Tabunac, Toboso;
military organized house-to-house campaigns and assemblies since 2018 among NAMASUFA
workers and their relatives in Compostela Town; red-tagging and harassment of members of
the Filipinas Palm Oil Plantation Workers Union leading to its disaffiliation from the
KMU in July 2019; September 2019 vilification of the United Workers of Mindanao
Agriculture Inc. and its affiliate federation; harassment, intimidation and threats by
agents of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC)
against union members of the Coca-Cola Plant Employees Union in Santa Rosa between
February and May 2020; surveillance, threats and harassment against two union officers
from the Optodev Workers’ Union-NAFLU-KMU between December 2020 and March 2021; regular
surveillance of the KMU Human Rights Director Eleanor de Guzman’s residence by men from
the Criminal Investigation and Detection Group of the police in March 2021; posters and
social media posts tagging the KMU and its Chairperson Elmer Labog as terrorists in June
2021, as well as destruction of union premises and property; and the vilification of
Lean Porquia, a KMU volunteer (for details see 396th Report, October 2021, paragraph 517
and 401st Report, March 2023, paragraph 649). The Committee therefore requests the
Government to provide updated information on these matters.
- 347. In relation to the alleged violent suppression of workers’ strikes
between 2017 and 2019 (recommendation (f)), the Committee notes the information provided
by the Government that: (i) the June 2017 strike dispersal of workers from the Shin Sun
Workers’ Union (SSWU), after which 12 workers were arrested, is being investigated by
the CHR but the KMU has not provided the requested information; and (ii) in the case of
the April 2018 strike of the United Workers of NutriAsia, the RTMB denounced the violent
dispersal of the strike and called on the police to strictly observe existing guidelines
when maintaining peace and, although the case for assault filed against 23 unionists was
dismissed, 4 unionists were found guilty of the offence of resistance and disobedience.
The Committee further observes that the Government has not provided any information in
relation to the following incidents of allegedly violent strike dispersals denounced by
the complainants: (i) a sit-down strike of workers from the Unified Power of Workers in
Middleby Philippines Inc. in Biñan City, Laguna in July 2018, causing injuries to five
workers and the arrest of seven striking workers; (ii) a strike of NAMASUFA workers at a
banana-exporting company in Compostela Town in October 2018 and beatings of union
members; (iii) a picket of 200 workers of the Pepmaco Workers’ Union in June 2019,
causing serious injuries to several of them; and (iv) a strike of 400 workers at a
condiment-producing enterprise in Cabuyao, Laguna in July 2019, leading to injuries to
19 workers and arrest of 17 workers, including three union officers, charged with
malicious mischief, grave coercion and direct assault. Recalling that, while workers and
their organizations have an obligation to respect the law of the land, the intervention
by security forces in strike situations should be limited strictly to the maintenance of
public order [see Compilation, para. 933], the Committee urges the Government to take
all necessary measures to ensure that workers’ strikes, as long as they remain peaceful,
are not met with disproportionate use of force by the police or the military, including
through continued and adapted training to the relevant State officials. The Committee
also requests the Government to provide updated information on the allegations to which
no information had been provided and urges it to ensure the release of the unionists
arrested following the above incidents should they be detained in relation to the
legitimate exercise of their trade union activities.
- 348. Finally, the Committee notes with interest the detailed and
overarching information provided by the Government setting out a number of initiatives
adopted and measures taken to promote respect for freedom of association and civil
liberties and to carry out validations of any violations and provide appropriate legal
measures. The Committee welcomes, in particular, the Government’s reference to the road
map adopted by the NTIPC in August 2023, which includes a strategy to promote common
understanding of the principles of freedom of association among Government stakeholders
and sectoral partners, strengthening and capacitating existing tripartite monitoring
bodies and fostering institutional partnerships to promote freedom of association. The
Committee further welcomes the approval by the NTIPC, within the framework of the
tripartite road map, of the 2024 Omnibus Guidelines on the Exercise of Freedom of
Association and Civil Liberties, which govern the conduct of all stakeholders in
promoting the effective exercise by private sector workers of their freedom of
association and civil liberties. The Committee also welcomes the proposals to increase
the budget of the CHR to strengthen its capacity to promote and protect human rights,
including freedom of association, particularly in relation to investigation of
violations and provision of financial assistance to victims and their families, as well
as the memorandum signed between the CHR and the DOJ to enhance support to victims of
human rights violations and their families in securing compensation. In view of the
above, the Committee requests the Government to keep it informed of the implementation
of the 2024 Omnibus Guidelines and their impact on freedom of association and civil
liberties and trusts that their strict application, coupled with other relevant measures
and initiatives referred to by the Government, as well as its commitment to fully
investigate and monitor any serious allegations of violations of civil liberties and
freedom of association, will contribute to ensuring full respect of freedom of
association by all State and non-State actors and thus to improving the environment for
the exercise of trade union rights in the country.
The Committee’s recommendations
The Committee’s recommendations- 349. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) Noting that the murder cases of Antonio “Dodong” Petalcorin, Emilio Rivera and
Kagi Alimudin Lucman remain under monitoring by existing tripartite and governmental
mechanisms, the Committee requests the Government to keep it informed of any
progress made, including on its intensified efforts to implement the issued arrest
warrants, as recommended by the Regional Tripartite Monitoring Body (RTMB). The
Committee also requests the Government to indicate whether any concrete measures
were taken to facilitate adequate compensation to families of the victims in these
cases.
- (b) The Committee requests the Government to keep it informed of any developments
in relation to the eventual reopening of archived cases concerning the killings of
trade unionists reported in the additional allegations, including the case of
Alexander Ceballos, where the Commission on Human Rights (CHR) found that union
activities may have been the motive behind his killing. The Committee firmly expects
the Government to prioritize the pending investigative or court proceedings into the
killings of Julius Broce Barellano and Jose Jerry Catologo and to ensure that the
possible link to freedom of association is duly taken into account. The Committee
urges the Government to continue its efforts in combating violence against trade
unionists, including by designing and implementing any necessary measures to this
effect, such as clear guidance and instructions to all State officials, and training
to the concerned officials on the handling of situations involving trade unions, as
well as through full operationalization of national monitoring and investigative
mechanisms and any other appropriate measures, including within the framework of the
2023 road map.
- (c) The Committee urges the Government to ensure that any criminal charges pending
against trade unionists are dropped and any detained trade unionists immediately
released, should their arrest or detention be connected to the legitimate exercise
of their trade union rights. The Committee requests the Government to keep it
informed of any developments concerning the pending criminal cases against
unionists, as well as ongoing investigations by the RTMB and the CHR. The Committee
also requests the Government to provide any relevant updates on the previously
denounced arrest of Ireneo Atadero and Aiza Gamao and on the investigation into the
attempted search of the residence of Ricky Chavez.
- (d) The Committee trusts that the Government will ensure that the Anti-Terrorism
Act is not implemented in a manner so as to restrict legitimate union activities and
related civil liberties and requests the Government to provide information on any
related developments, including any supplementary measures proposed or taken to
address the perceived policy of repression, labelling and vilification of trade
unions, alleged by the complainants.
- (e) The Committee requests the Government to keep it informed of the outcome of
the pending investigation into the incident of the Nexperia Philippines Inc.
Workers’ Union-NAFLU-KMU and of any concrete measures taken to address the repeated
concerns expressed by the complainants in relation to red-tagging, harassment and
intimidation of trade unionists. It also invites the complainants to provide to the
competent authorities any relevant information in their possession that could allow
the authorities to proceed with a comprehensive investigation of the incidents where
the Government indicated that the RTMB or the CHR lacked sufficient information
(detailed above). Finally, the Committee requests the Government to provide updated
information on the above-mentioned allegations of intimidation, harassment and
red-tagging on which no information had been provided.
- (f) The Committee urges the Government to take all necessary measures to ensure
that workers’ strikes, as long as they remain peaceful, are not met with
disproportionate use of force by the police or the military, including through
continued and adapted training to the relevant State officials. The Committee also
requests the Government to provide updated information on the allegations of violent
strike dispersal to which no information had been provided and urges it to ensure
the release of the unionists arrested following the above incidents should they be
detained in relation to the legitimate exercise of their trade union
activities.
- (g) Noting with interest the many initiatives taken since its last examination,
the Committee requests the Government to keep it informed of the implementation of
the 2024 Omnibus Guidelines on the Exercise of Freedom of Association and Civil
Liberties and their impact on freedom of association and civil liberties. The
Committee trusts that their strict application, coupled with other relevant measures
and initiatives referred to by the Government, as well as its commitment to fully
investigate and monitor any serious allegations of violations of civil liberties and
freedom of association, will contribute to ensuring full respect of freedom of
association by all State and non-State actors and thus to improving the environment
for the exercise of trade union rights in the country.
- (h) The Committee draws the Governing Body’s attention to the serious and urgent
nature of this case.
