Country Report on Human Rights Practices for 1987
THE PHILIPPINES
The GoverVwTient of .the Philippines oversaw the adoption of a
new Constitution and the establishment of national democratic
institutions during 1987. Despite continued evidence of
overwhelming popular support for President Aquino and her
reform agenda, political forces on both left and right sought
to destabilize or overthrow her Government by force. Civil
unrest fomented by antidemocratic forces failed to undermine
the Government's commitment to democratic processes and
respect for human rights. The Government has complied
substantially with new constitutional provisions for due
process safeguards and important civil and political rights.
President Aquino has appointed a constitutionally mandated
Commission on Human Rights (CHR) that is empowered to
investigate all abuses of human rights, whether committed by
military or civilian officials or by nongovernmental persons,
including insurgents.
A stubborn Communist insurgency active in most of the
country's 73 provinces continues to pose the major long-term
challenge to democratic practices and the restoration of
respect for human rights in the Philippines. A 60-day
cease-fire negotiated late in 1986 between the Government and
the Communist New People's Army (NPA) ended in February after
political talks were terminated by representatives of the
leftist National Democratic Front (NDF) . During 1987 the NPA
increasingly targeted for assassination government officials,
private citizens, and labor leaders who resisted its
influence. NDF spokesmen claimed responsibility for the
October 28 murder of three American citizens, including two
uniformed servicemen, near Clark Air Base. Communist rebels
stepped up their killing of soldiers and police in Manila and
other urban centers while launching offensives aimed at
destroying bridges, power facilities, and other economic
infrastructure in rural areas. Popular resentment of the
insurgents' abuse and extortion gave impetus to the growth of
anti-Communist citizens' groups. The human rights record of
some of these organizations was criticized both in the
Philippines and abroad.
Rightwiny military rebels launched two efforts to depose
President Aquino during 1987. While predominantly loyal to
the Government, certain elements of the Armed Forces of the
Philippines (AFP) sought to overthrow the Government and seize
power for themselves and the civilian politicians to whom they
are linked.
In the southern Philippines, armed rebels continued
hostilities aimed at securing independence for the nation's
Muslim minority. Despite a long history of violent encounters
with government forces, the level of fighting with Muslim
insurgents in parts of Mindanao and the Sulu Archipelago was
only a fraction of that of the more geographically dispersed
Communist insurgency. Periodic discussions between the
Government and Muslim rebel leaders took place during the year.
The Philippines achieved significant economic growth in 1987.
While modest by Asian standards, the economy's projected 5.5
percent expansion for the year is a major improvement over
marginal growth in 1986 and contraction in both 1984 and
1985. Inflation was low and export prices up for some widely
produced commodities, such as copra and sugar. Continuing
political instability, however, had a dampening effect on
investor confidence in the second half of the year.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, including
Freedom from:
a. Political Killing
Political killings are frequent in the Philippines and take
place throughout the country. Because successful prosecution
of political assassins is extremely rare, private vendettas
are often pursued. Over 100 persons are believed to have died
during the campaign culminating in nationwide congressional
elections on May 11. At year's end, nearly 30 persons had
been killed in violence related to nationwide local elections
scheduled for January 18, 1988. Prominent figures are not
immune from violence. During 1987 a cabinet member and the
secretary general of a leading leftist political organization
were among those murdered.
The official fact-gathering human rights institution in the
Philippines is the constitutionally mandated CHR. In contrast
to the CHR, which investigates all alleged violations of human
rights, several private groups focus almost exclusively on
allegations against government forces. The best known of
these organizations is Task Force Detainees (TFD) , whose broad
definitions of human rights violations have the effect of
increasing the number of reported incidents. TFD has been
accused of using its statistics to support a politically
motivated finding that the human rights situation in the
Philippines is deteriorating.
The CHR and its predecessor, the Presidential Commission on
Human Rights
killings since the February 1986 change of government. TFD
reports 208 summary executions by government forces during the
first 11 months of 1987 alone. This figure compares to 197
reported by the organization in all of 1986 and 517 in 1985.
TFD also reports that 123 persons were killed during the first
11 months of 1987 in massacres--def ined as politically
motivated killings of groups of individuals. This figure is
up, according to TFD, from 101 such victims in 1986, but less
than the 276 claimed in 1985. TFD includes in its figures the
deaths of 13 people during a protest march in January at
Mendiola Bridge near the presidential palace in Manila and the
February shooting of 17 unarmed villagers in Nueva Ecija
province. Twenty-three soldiers charged with murder in the
latter incident are about to go on trial.
The major individual political killings during 1987 included
the assassinations of Jaime Ferrer, Secretary of Local
Governments and the first Philippine cabinet member to be
murdered, and Leandro Alejandro, the Secretary General of the
leftwing Bayan organization. Conrado Balweg, a former Roman
Catholic priest and Communist guerrilla who left the NPA and
cooperated with the Government, survived an NPA ambush in
which eight of his bodyguards were killed. Bernabe Buscayno,
founder of the NPA and unsuccessful candidate for the new
Senate, escaped with minor injuries when unidentified gunmen
fired on his car, killing two of his companions. Leftist
academic Nemesio Prudente likewise sustained only minor
injuries when he and members of his party were ambushed in
November by unknown assailants. The only charges brought in
any of these incidents have been against suspects in the
Ferrer case.
The murder of KMU leader Rolando Olalia and his driver in
November 1986 remains unsolved. A sergeant is charged in the
case and his trial is ongoing, but other suspects are still at
large. Two union officials affiliated with the Trade Union
Congress of the Philippines (TUCP) were also murdered in late
1986, reportedly by NPA assassins. No one has been apprehended
in this case. Department of Labor and Employment officials
say that seven other union officials were killed during 1987
in incidents that relate to their union activities.
Political killings go largely unpunished in the Philippines.
Several major cases involving the murder of a prominent
political figure are presently being heard. During 1987 the
only conviction in such a case was entered against eight
defendants who were found guilty and sentenced to life in
prison for the 1985 killing of Italian priest Tullio Favali.
Most cases are never solved or prosecuted.
During 1987 human rights groups focused on proliferating
anti-Communist citizens' self-defense groups as frequent
perpetrators of political killings. A locally organized
counter insurgency measure, these groups vary considerably in
character, ranging from unarmed neighborhood watch
organizations which supplement police intelligence to
quasi-legal paramilitary patrols. There are also illegal
private armies and fanatical cults such as the Tadtad which
kill Communist sympathizers along with other political
opponents
.
Some such groups have been implicated in political killings.
Violence by Tadtad members against outsiders, including
Communists, has sometimes been tolerated by local military
authorities. On the other hand, there is little evidence of
human rights abuses by officially unarmed citizens' groups,
such as Nakasaka, which was organized with the assistance of
local government officials in Davao del Sur province.
The best known of the citizens' self-defense groups, Alsa
Masa, arose in Davao City as a community response to NPA
excesses. With local military and civilian assistance and
encouragement, armed civilians--many of whom were formerly
allied with the Communists--patrol populated areas to prevent
infiltration by NPA guerrillas. Alsa Masa has killed a number
of NPA guerrillas and is credited with vastly improving the
security situation in Davao City. In October President Aquino
praised members of Alsa Masa as an example in the fight
against Communism.
Independent human rights organizations claim that Alsa Masa is
implicated in widespread human rights abuse, including the
murder of civilians. The CHR is investigating a number of
complaints against Alsa Masa. Allegations that the
organization is imposing a reign of terror, however, ignore
the overwhelming popular support it receives among people
living in areas where it operates. Government bodies, such as
the CHR, and private foundations, like the Integrated Bar of
the Philippines, have begun providing Alsa Masa members with
training to help them operate within the law.
In late October, the Department of Justice, the Department of
Local Governments, and the CHR promulgated guidelines meant to
deter human rights violations by the citizens' groups. The
basic principle of the guidelines is that citizens' groups are
to operate within the framework of existing law. Arms are to
be carried by members of citizens' groups only if they are
otherwise authorized to do so, i.e., if members are licensed
firearms holders, military and police reservists, or private
security guards. Members of groups who commit criminal
offenses are subject to arrest and prosecution in the same way
as any other offender. The groups are not to engage in
offensive operations and are not to leave their own
communities except in hot pursuit. The guidelines require
regional military commanders to submit monthly reports on
citizens* groups in their areas. Regional monitoring
committees are to be formed by representatives of the
Department of Local Government, Department of National
Defense, the AFP, and the CHR. The volunteer organizations
will be supervised by local civilian government authorities in
cooperation with the military and police.
Human rights allegations involving the Civilian Home Defense
Force (CHDF) , a militia organization often blamed for abuses
under the Government of former President Marcos, were fewer in
1987 than in past years. The AFP has tightened its control
over CHDF units and screened personnel more effectively,
discharging about 30 percent of their membership. The new
Constitution contemplates the abolition of the CHDF. Current
plans call for it to be replaced in 1988 by a new organization
called the Citizen Armed Force (CAF) . CAF units will be
recruited locally from the communities they are supposed to
protect
.
b. Disappearance
There is no convincing evidence that government officials are
involved regularly in politically motivated disappearances.
In some cases, however, citizens have been taken into custody
by government authorities and held incommunicado for several
days before being released or charged. Since February 1986,
CHR has received 28 complaints concerning "missing persons"
whose whereabouts are unknown. TFD claims that during the
first 11 months of 1987, 59 persons were detained indefinitely
without the filing of an arrest report. Some, if not most,
are presumed to have been killed. This figure compares with
23 such cases in 1986 and 213 in 1985.
Hostage-taking by armed criminal elements for ransom or
publicity or both has occurred in parts of the Philippines.
Prominent kidnaping incidents during 1987 included the
abduction in Lanao del Sur province of 4 Red Cross employees,
including 2 Swiss members of the International Committee of
the Red Cross (ICRC); and the unrelated kidnaping of 16
students from Mindanao State University. All were released
unharmed.
Unreported nonpolitical kidnapings of businessmen for ransom
occur throughout the Philippines. In a spate of incidents, an
estimated 100 unpublicized kidnapings of businessmen and their
relatives took place in Iligan City in Lanao del Norte province
during 1987. The victims in these cases were eventually
released, usually after paying ransom. None of the kidnapers
in these cases has been apprehended. A prominent Japanese
businessman, who was kidnaped near Manila in November 1986,
was released after 3 months. His abduction, which remains
unsolved, does not appear to have been politically motivated.
In November 1987, two South Korean engineers were reported
kidnaped by a group of armed bandits in Northern Luzon. Their
case is unresolved.
Two military intelligence agents were acquitted in 1987 of
complicity in the July 1985 disappearance of Philippine priest
Fr. Rudy Romano. His order, the Congregation of the Most Holy
Redeemer, and human rights groups denounced the verdict.
c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment
The new Constitution prohibits torture and makes evidence
obtained thereby inadmissible in court. Further, the
Constitution directs that laws be passed providing for
punishment of torturers, compensation for victims, and
rehabilitation of victims and their families.
Forty-two allegations of torture were filed with the CHR
between February 1986 and September 30, 1987. TFD claims to
have documented 512 cases of individuals being tortured during
the first 11 months of 1987. While representing an increase
over the 438 incidents reported in all of 1986, the TFD figures
for 1987 include some cases that strictly speaking may not have
involved torture. These include, for example, reports of
people being roughly treated during questioning by law
enforcement authorities. TFD reported 1,326 incidents of
torture in 1985.
Philippine human rights groups report that innocent farmers in
insurgent-influenced areas are detained and tortured by
military personnel seeking information on rebel activity.
While torture and related abuses by the military have occurred
in areas where government forces are actively engaged in
counter insurgency operations, such practices do not appear to
be systematic, widespread, or condoned at senior military
levels. As of December 17, 606 military personnel were being
investigated by the CHR for alleged violations of this sort.
TFD reports that 6,502 of 7,170 persons arrested for violation
of human rights during the first 11 months of 1987 were
released
.
The Department of National Defense continues an educational
campaign to improve military treatment of civilians. Officers
attend human rights workshops which stress their role in
communicating respect for such values to their subordinates.
Basic armed forces training now includes 50 hours of human
rights instruction. Officers are held responsible for the
behavior of their troops and have been granted increased
discretion to discipline them for abuses. In order to be
promoted, officers must receive clearance from the CHR. As of
October, 104 military personnel were under investigation for
human rights violations. The number of soldiers and policemen
who have been tried, convicted, and sentenced for human rights
violations is not available since the AFP judiciary does not
maintain a statistical classification for abuse of human
rights
.
Although physical punishment is prohibited under the
Philippine penal system, it occurs frequently in jails and
prisons. Philippine prison conditions are harsh and charges
of police brutality commonplace. Despite administrative
sanctions, persons in police custody are reportedly beaten
often, either to extract confessions or in retaliation for
perceived actions against police.
d. Arbitrary Arrest, Detention, Exile or Forced Labor
The new Constitution permits arrests only with a warrant based
on a judge's determination of probable cause. Philippine law
prohibits the holding of suspects for more than 36 hours
without a finding of probable cause. The Constitution further
provides that bail shall be available to persons charged with
crimes punishable by any penalty less severe than life
imprisonment. It also prohibits holding prisoners
incommunicado or in secret places of detention.
The Aquino Government repealed authority for preventive
detention and restored the writ of habeas corpus soon after
assuming power. Government policy requires that suspects be
formally charged within 6 to 18 hours after being taken into
custody, depending on the gravity of the offense. With the
exception of suspected antigovernment rebels who are often
detained without charge and interrogated for a period of up to
several days, persons are usually charged promptly after
apprehension. Military personnel are reportedly impatient
with the evidentiary requirements and paperwork needed for a
formal arrest. Even if formally charged, rebel suspects are
frequently released under an amnesty program.
Forty-two persons have filed complaints with the CHR since
February 1986 on grounds of arbitrary arrest and detention.
TFD reports 2,648 arrests as human rights violations during
the first half of 1987; of these, 2,242 are recorded as
released. Because this figure includes some arrests in which
a warrant was properly issued on criminal charges, it
overstates the number of arbitrary or unjustified arrests.
Philippine authorities do not systematically use internal or
foreign exile of undesired persons for political purposes,
although the Government has prevented the return of former
President Marcos and certain of his associates by revoking
their passports. There is no evidence that forced labor is
practiced.
e. Denial of Fair Public Trial
Trials in the Philippines are public. The Constitution
guarantees that those accused of crimes shall be informed of
charges against them and have the right to counsel. Defendants
enjoy the presumption of innocence and the right to confront
witnesses against them, to present evidence, and to appeal
their convictions.
The right of defendants to a lawyer is well recognized in law
and is generally carried out in practice in metropolitan
Manila. It is much less frequently accorded in the provinces,
however, where in many cases there are simply no lawyers
available. Many defendants are released because of this,
especially those charged with minor crimes. Those charged
with a capital offense are usually held until a lawyer becomes
aval lable.
Judicial proceedings often continue for years. Many criminals,
especially those who have expert legal representation, escape
conviction and punishment. Efforts by the Aquino Government
to reform the Philippine judiciary and to remove judges
believed to be incompetent or corrupt have aggravated chronic
docketing delays. Since the judicial appointments commission
required by the new Constitution has not been implemented, noTHE PHI LXPP I_NE
S
new judges have been appointed since February. The shortage
of judges continues to be particularly severe outside the
Mani la area
.
The lethargic pace of the legal system encourages some law
enforcement officials to act as their own judge, jury, and
executioner in cases where they believe the guilt of a
criminal is self-evident. Armed robbers, for example, are
frequently killed in "shootouts" with police.
Human rights groups continue to criticize the practice of
trying military personnel, police, and firefighters in
military courts, which they contend are more lenient toward
such defendants than civilian courts. A bill has been filed
in Congress to remove nonservice-related offenses from the
jurisdiction of courts-martial.
A new trial of 22 defendants in the 1983 slaying of opposition
leader Benigno Aquino began in February, after the Supreme
Court ruled that the previous trial in the case had been so
marred by denial of due process that the defendants could be
tried again without putting them in double jeopardy. The
trial is progressing slowly.
In 1986 the Aquino Government released over 600 prisoners,
including several prominent Communists, who had been imprisoned
on political grounds. Only those prisoners who had committed
serious criminal offenses, including murder, in furtherance of
their political beliefs remained in detention. After review
by a specially appointed commission, 58 of those prisoners
were pardoned in 1987. Others have been paroled since or
released on expiration of their sentences.
According to the Department of National Defense, the only
political prisoner currently in custody is Rodolfo Salas,
alleged former head of the Communist Party of the Philippines.
Salas, who was arrested in September 1986, is charged with
rebellion. He has applied for bail, which the Government has
opposed on the ground that his release would be a clear and
present danger to the community. TFD staffers estimate that
there are 400 to 500 "political" prisoners in custody at any
time. Most are held for brief periods on suspicion of
rebel lion
.
f. Arbitrary Interference with Privacy, Family, Home or Correspondence
Under the new Constitution, searches and seizures require a
warrant issued by a judge on a finding of probable cause.
These restrictions on search and seizure are generally
observed. The Government does not arbitrarily interfere in
family life or the right of parents to raise their children.
Religious practice and political affiliation, with the
exception of membership in the outlawed Communist Party of the
Philippines, is unregulated. The Government does not
interfere with free personal use of the mails or other public
communication systems, except upon the issuance of a court
order during the course of an investigation.
g. Violation of Humanitarian Law in Armed Conflicts
Political killings frequently occur in areas where the
Communist and Muslim rebels engage government forces in
combat. The Department of National Defense reports that
government forces and the Communist rebels were involved in
2,914 violent incidents through December 17. According to
government statistics, those incidents--including raids,
ambushes, assassinations, kidnapings, bombings, and arson--
resulted in the deaths of 1,056 military, police, and
paramilitary personnel, 1,590 NPA guerrillas, and 946
civilians. During the same period, Muslim rebel groups were
involved in 299 violent incidents resulting in 194 military
and civilian deaths.
Communist rebels use many forms of violence to further their
political goals. To gain control over an area, the insurgents
intimidate, kidnap, and assassinate government officials,
businessmen, and other citizens who resist. Assassination of
local government officials or policemen is a common indicator
of Communist presence in a locality. Corrupt and abusive
officials are often killed first, both as an example and to
attract popular support. Those who resist, those suspected of
being government informers, those who fail to pay
"revolutionary taxes," and NPA defectors are also targets for
assassination. Over 70 policemen and soldiers were killed by
NPA assassination sguads in metropolitan Manila alone during
the first 10 months of 1987.
Human rights groups report that military units have sought to
isolate insurgents from their support base by imposing food
blockades and forcibly resettling or "hamletting" entire
communities against their will. CHR has received three as yet
unresolved complaints of "hamletting" since February 1986.
TFD reports three instances of "hamletting" and five instances
of food blockades during the first 8 months of 1987.
Military engagements between government forces and insurgent
elements occasionally result in the displacement of civilians
and disruption of access to food supplies. Such incidents are
usually brief. Both the Philippine Red Cross and the ICRC
have programs to assist those who evacuate combat zones. There
is neither an official resettlement policy nor convincing
evidence that AFP patrols have imposed food blockades directed
against civilian populations. In some areas, however,
government forces have sought to prevent food supplies from
reaching armed rebels.
The Philippine armed forces lack adequate medical resources
for its members, and wounded rebels are treated after wounded
soldiers. There is no evidence, however, that they are
systematically denied medical care when supplies are available.
The Philippines adheres to Protocol II of the Geneva
Conventions, which governs the conduct of forces in an
internal conflict, and the leadership of the AFP is committed
to treating prisoners according to the rules of war. After
initial interrogation, prisoners are turned over to civil
authorities and charged in the civilian courts. Captured
rebels may apply for a government amnesty program and return
to civilian life if they promise to abide by the law.
Human rights groups allege that military dissatisfaction with
the amnesty program encourages some soldiers to kill their
adversaries rather than take them prisoner. While isolated
incidents of this nature may occur in remote areas where
observers are few, there is no direct evidence to support
charges that such conduct is common. The large number of
Communist rebels regularly reported as having been taken
captive by the AFP, more than 344 as of late 1987, contradict
assertions that summary executions of prisoners are widespread.
Killings of captives, if it does occur, clearly contravenes the
policy of the civilian Government and the military command.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Presso
Restrictions on freedom of expression in the Philippines were
completely lifted in 1986, after 14 years of media control
under martial law. The press is lively, unfettered, and
highly competitive. There are about 30 daily newspapers in
Manila, and many more in the provinces. In all, about 1.4
million newspapers are sold each day around the country.
Newspapers cover the political spectrum and display no
reluctance to criticize the Government. Newspapers published
by the Communist Party are illegal, but Communist views are
expressed in other publications. Although the Government has
sequestered assets of some media businesses owned or controlled
by relatives or close associates of former President Marcos,
there is no convincing evidence of an intent to control
opinion, as opposed to monetary assets, in these cases. In
October President Aquino filed a libel suit against a
prominent columnist who accused her of cowardice during a coup
attempt on August 28.
Human rights groups have registered a number of complaints
about harassment of journalists, particularly by the military,
but such harassment does not appear to be systematic or
frequent. Journalists are able to meet with and interview
those in rebellion against the Government, including military
mutineers and Communist leaders. Such interviews have also
been aired on radio and television. There are popular
politically oriented talk shows on television which air
controversial issues and opinions. Rebel groups issue press
releases which are covered by the media. In December the
Government issued and then revoked an order expelling an
Australian correspondent charged with biased reporting on
economic issues.
Radio and television are important news sources in the
Philippines. Nearly 300 radio stations reach more than 70
percent of all households. There are about 4 million
television sets in the Philippines, bringing programming to
some 40 percent of households. Provincial broadcasting
outlets are generally branches of the five Manila channels.
Like the nev?spapers, radio and television stations come in
many shades of political orientation. Citing public safety
and interest, the Government closed one radio station in
October and warned a select number of other radio stations and
one television channel, which had broadcast programs that
appeared to support military rebels who staged an attempted
coup August 28.
There is no censorship of publications from overseas. Foreign
journalists are usually able to report freely and have often
interviewed rebels, at times in areas they control. Major
U.S. papers and television networks have bureaus in Manila.
Critics charge that the Movie and Television Classification
Board, whose mandate is to monitor films and television
program.s for pornographic content, has hampered political
expression. In 1987 broadcast of a documentary on urban poor
in Manila was delayed for allegedly political reasons.
Academic freedom is respected in theory and practice. There
are approximately 1.5 million students enrolled in the
nation's 78 state colleges and universities and 1,000 private
schools and colleges. Many shades of political opinion are
freely expressed on campuses. There is no government
censorship of subject matter in classes, university
publications, or conferences.
b. Freedom of Peaceful Assembly and Association
Permits from local authorities are legally required for
outdoor demonstrations in public places, but rallies and
marches are often held without permits. The Aquino Government
observes a liberal policy in this regard, allowing
demonstrations in all but the most provocative circumstances.
A tragic exception to the general rule of peaceful
demonstrations occurred January 22. Soldiers guarding
Mendiola Bridge near the presidential palace fired at an
aggressive crowd of around 5,000 supporters of the militant
peasant's union, KMP. Thirteen marchers were killed and over
100 injured. An official inquiry found that the soldiers had
overreacted to violence, including rock-throwing and possibly
gunfire, from some members of the crowd. The investigating
commission recommended that a number of the soldiers be
charged with negligence and that some of the demonstration's
leaders, including KMP head Jaime Tadeo, be charged with
sedition. As of late 1987, no criminal charges have been
filed as a result of the incident. A number of soldiers have
been reprimanded, and an investigation continues, focusing on
which troops actually opened fire during the demonstration.
A broad range of private, professional, religious, social,
charitable, and political organizations flourish in the
Philippines. Countless popular and civic organizations exist
and meet regularly. The Communist Party of the Philippines,
which advocates the violent overthrow of the Government, is
outlawed.
The Constitution assures all workers, including those in
public service, the right to form unions. Unions m.ay call
strikes only to resolve deadlocks in collective bargaining
agreements or protest unfair labor practices, e.g., firing a
union official without cause. At least 90 percent of the 414
strikes occurring during the first 11 months of 1987 were
legal
.
The Aquino Government has taken measures to make union
organizing less difficult even for groups ideologically
opposed to it. Only 20 percent of workers in a given
establishment are needed to organize a union. This compares
with the 30 percent previously required by law. Unions in the
Philippines are free to affiliate with international labor
organizations
.
Unions bargain collectively, and most unions in the
Philippines are independent of government and political party
control, although various unions are active in politics. The
former secretary general of the Trade Union Congress of the
Philippines (TUCP) is a senator. Officers of the major
left-leaning union, KMU (Kilusang Mayo Uno, or May First
Movement), ran for Congress under the banner of Partido ng
Bayan, a legal political party with ties to the far left and
the Communist Party.
On November 30, there were 3,185 collective bargaining
agreements, covering 354,000 workers, on file with the
Department of Labor. This compares with 2,029 agreements
covering 262,000 workers only 2 years ago. Membership in
unions was about 2.2 million as of August 1987, or about 10
percent of the labor force. Another 2.7 million are nominal
members of the National Union of Farmers. The discrepancy
between the number of workers covered by collective bargaining
agreements and total union membership results from the fact
that many unions and employers sign memos of understanding in
lieu of formal collective bargaining agreements.
c. Freedom of Religion
There is no state religion. Freedom of religion is fully
respected, and no official discrimination is practiced against
any religious group or its members. Although over 80 percent
of the population is Roman Catholic, the country's sizable
Muslim minority, a number of Protestant churches, the
indigenous Iglesia ni Kristo, Aglipayan Church, and other
sects all enjoy full religious freedom. Non-Christian
Filipinos may follow their traditional faiths. Many minority
cultural groups follow animistic religious beliefs. Foreign
clergymen and missionaries of many faiths practice their
profession freely.
Religious minorities are represented among the leadership and
rank and file of broad-based political parties. Government
service is open to all on a nondiscriminatory basis, and there
are senior civil and military officials who belong to minority
religious and cultural groups.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Filipinos enjoy unhampered freedom to change their place of
residence and employment. They regularly travel and work
abroad. More than 600,000 Philippine nationals work overseas,
many in the Middle East.
Former President Marcos and some close associates have,
however, had their passports revoked, preventing their free
travel and return home. In addition, the Presidential
Commission on Good Government in 1986 issued "hold orders"
preventing certain Marcos associates from leaving the
Philippines pending investigation of their alleged misconduct
during the previous regime. Most of the hold orders have been
lifted after settlement of the cases involved, but some remain
in effect.
While the Philippine Government does not accept refugees for
internal resettlement, it does not turn away those who arrive
on its shores. As of September 1987, there were some 3,500
Indochinese in a first asylum camp in Palawan. In addition to
providing first asylum for "boat people," the Government
cooperates with the United Nations High Commissioner for
Refugees by permitting the operation of a major refugee
processing center in Bataan province. There are more than
10,000 refugees and other displaced persons at the center
receiving cultural orientation, language instruction, and
vocational training before being resettled elsewhere.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
A new Constitution was ratified by a 3 to 1 margin in a
nationwide plebiscite on February 2--less than 1 year after
President Aquino assumed office. Prior to the adoption of the
new charter. President Aquino had governed under the authority
of Proclamation No. 3. Popularly referred to as the "Freedom
Constitution," the Presidential Decree preserved many of the
provisions of the 1973 Constitution but abolished the
legislature
.
The new Constitution establishes a presidential system similar
to that in existence before the 1972 declaration of martial
law. It carefully limits the power of the President,
establishing a strong bicameral legislature and independent
local governments to discourage authoritarian rule such as
that exercised by former President Marcos. It also creates
autonomous regions for Muslims in the southern Philippines and
for cultural minority groups in remote mountainous regions of
northern Luzon. Implementing legislation is left to Congress.
Candidates of a large number of political parties campaigned
for election to the new Senate and House of Representatives in
nationwide balloting on May 11. A progovernment coalition won
a large majority in both chambers amidst charges by opposition
groups that the elections were marred by massive,
government -assisted cheating. Although some irregularities
occurred, there is no convincing evidence of cheating on a
scale that would undermine the legitimacy of the elections.
Election-related violence resulted in more than 100 deaths.
Voters in some remote areas were intimidated by NPA and other
arnied supporters of some candidates. Despite such flaws, the
May elections were, overall, a free and fair exercise of the
franchise by the Philippine people. The new Congress convened
without incident on July 27.
Eight parties are represented in rhe House of Representatives
and five in the Senate. There are ideological variations
among members of the government coalition. Political
alliances and political party membership are fluid in the
Philippines. Debate in both houses of Congress has been
lively and uninhibited. Opposition legislators are free to
state their positions, and many in the ruling coalition
criticize the Govermuent
.
Local elections to replace officials appointed by the Aquino
Government upon assuming power in February 1986 are scheduled
for January 18, 1988. Originally scheduled 'for November 1987,
the elections wei.e postponed upon request of the Commission on
Elections which needed additional time to ensure their
efficient administration. Under the Constitution, all elected
officials will remain in office until 1992, when presidential,
national, and local elections are to be held simultaneously.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Representatives of international human rights groups are free
to travel in the Philippines and investigate alleged abuses.
Delegates of the ICRC, resident in the Philippines, travel
freely to monitor prison conditions and assist persons
displaced by conflict.
Many of the leaders of the anti-Marcos opposition that helped
bring President Aquino to power had fought for better human
rights practices in the Philippines. President Aquino and her
administration have been especially committed to improving
observance of human rights and established the PCHR within a
month after assuming office in 1986. The PCHR was disbanded
in May 1987 to make way for the constitutionally mandated CHR.
Unlike the PCHR, the CHR accepts complaints of human rights
violations against insurgent forces as well as against the
military. When a complaint is filed, the CHR conducts an
investigation, including a hearing with testimony by the
complainant and the accused, if the accused can be served with
a subpoena. If the CHR determines that a prima facie case has
been made, it has the power to refer the case to military or
civilian courts for trial. The Aquino Government's promotion
of human rights is also evident in its efforts to introduce
instruction in human rights into educational curriculums at
all levels.
Many Philippine religious groups are active in the human
rights field. These organizations are almost exclusively
concerned with abuses committed by military and civilian
government officials and generally do not address
nongovernmental violations of human rights, such as those
committed by the NPA. These groups are unhindered in
conducting investigations around the country and are routinely
able to obtain safe-conduct letters from the Philippine
Department of National Defense.
TFD, established in 1974 by the Association of Major Religious
Superiors of the Catholic Church, is the best known
nongovernmental investigative body. Headquartered in Manila
and with an extensive network of offices throughout the
country, TFD investigates alleged human rights violations and
publishes its findings. Long an outspoken critic of the Marcos
regime and its military establishment, TFD has taken an
increasingly critical stand toward the Aquino Government as
well. Its view that the human rights situation in the
Philippines is deter ioriating is echoed by organizations
comprising the Philippine Alliance of Human Rights Advocates
(PAHRA), including the Ecumenical Movement for Justice and
Peace, the National Movement to Disband the Vigilantes, and
the National Movement for Civil Liberties.
The Free Legal Assistance Group (FLAG), the Mabini Lawyer's
Group, and the Protestant Lawyer's League continue to provide
some legal assistance to victims of human rights violations.
These organizations have become less active, however, since
many of their members joined the present Government and the
political repression of the Marcos regime ended. The
Integrated Bar of the Philippines, a national bar association
to which all Philippine lawyers belong, takes positions on
human rights matters and has organized human rights committees
active on the provincial level.
The Philippines is a party to the principal U.N. human rights
and refugee conventions. In June the Philippines acceded to
Protocol II of the Geneva Conventions, which enunciates rules
governing the law of war in an internal conflict.THE PHIL I PPINKS
Section 5 Disci irni nation Based on Race, Sex, Religion,
Language, or Social Status
Muslims in the southern Philippines constitute the raost
numerous nationsl minority. While not the victims of a
concerted policy of discrimination, they and other indigenous
groups have historically received less than their fair share
of government services. Many Muslims believe that their
professional progress in the military or other government
service is hampered by discrimination. The Aquino Government
has committed resouices to correcting inequities, and the new
Constitution recognizes the rights of national minorities
within the framework of national unity and development.
Two regional autonomous governments were established in the
Muslim region under the Marcos regime. Since 1977 separate
religious courts have had the authority to apply Muslim law to
civil disputes. The new Constitution provides for a single
autonomous region for "Muslim Mindanao," subject to
implementing legislation. Despite such concessions, Muslim
groups continue to prsss for greater autonomy.
Philippine ethnic Chinese have become increasingly integrated
inio the population as a whole. An estimated 1 in 10
Filipinos has some Chinese blood, and discrimination against
ethnic Chinese is uncommon.
Women en^oy full voting rights and the right to own and
inherit property. They are prominent in Philippine society
and weli-represented in business and professions, particularly
law, medicine, education, and journalism. President Aquino is
the best known of a large number of women active and
influential at all levels of government. Nonetheless,
Philippine law and custom continue to discriminate against
women in some ways. Prominent examples of discrimination
include limitation on women's rights to buy and sell property
and more exacting standards in criminal prosecutions of men
for adultery. The new Constitution does not prohibit
discrimination on account of sex.
CONDITIONS OF LABOR
The official minimum wage ranges from $3.10 per day for
workers in the national capital region to as little as $2.02
per day for norplantat ion agricultural workers. Despite
having been raised in late 1987, the minimum wage is generally
considered inadequate to support a single adult wage-earner,
much less a family. Widespread failure to observe the minimum
wage results in that rate of pay closely approximating the
country's average wage.
The Government inherited reasonably progressive labor laws.
Senior officials generally seem to be dedicated to the
enforcement of the labor code for the benefit of workers and
unions. The la:.' mandates a 48-hour workweek and a full day of
rest per week. Em.ployees with more than 1 year on the job are
entitled to 5 days' paid leave. The minimum age of employment
is 15. The Government has authority to determine hours and
working conditions among youths aged 15 to 18 years.
Discrimination in payment of such persons is prohibited.
A comprehensive set of enforceable occupational safety and
health standards is in effect, and provisions prohibiting
child labor, protecting younger workers and women, and
regulating hazardous or harmful working conditions are
relatively advanced. However, funding for an appropriate
number of professional labor inspectors to enforce payment of
the minimum wage and provision of adequate working conditions
is limited. Despite these constraints, the Department of
Labor is making a vigorous effort to secure compliance with
minimum wages and safer working conditions. A regular
inspection program resumed in 1987, and over 10,000
inspections were carried out by the end of October. This
stands in contrast to only 1,441 inspections in all of 1986.
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