[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Philippine authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Philippine authorities are attached below with this appeal. Thank you.]
PHILIPPINES: Labour rights; unfair labour practice; torture; violent dispersal of workers on strike; arbitrary use of authority by the police
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that ten union members on strike were injured after police and security guards forcibly broke into their line violently in dispersing them in Rosario, Cavite, Philippines. The workers all are members of the labour union Nagkakaisang Manggagawa sa Chong Won-Independent (United Workers at Chong Won) (NMCW-Ind). They began their strike at 6:00 am today, September 25, in front of their factory when elements of the Philippine Economic Zone Authority (PEZA) and Jantro security guards assaulted them.
The perpetrators, armed with firearms, clubs and backed by a fire truck equipped with a water cannon, started arriving at the picket line and dispersed the workers as soon as they announced they were on strike. They broke into the union members line as they were peacefully assembled in front of the factory. Of the ten injured victims, two of whom were identified as Solomon Noceda and Benigno Terante.
Noceda suffered injuries to his head and his body after he was repeatedly kicked and beaten by security guards while Terante had his hands bruised. Terante reportedly fainted following a scuffle with guards and policemen. The police and guards, however, did not bother taking him to a hospital or clinic for treatment. There were also reports that the police and guards blocked the entry of food supplies for the workers on strike.
According to a report from the Workers Assistance Center (WAC), a non-governmental labour organisation based in Rosario, Cavite, the union members went on strike as a result of their Korean employers refusal to begin negotiations for their Collective Bargaining Agreement (CBA). The union members are demanding a salary increase and benefits but the company has refused to begin the negotiations since April 21, 2005. Even though the office of the Secretary of the Department of Labour and Employment (DOLE) ordered them to proceed with the negotiations, the management of Chong Won Fashion Inc. (CWFI)–has refused to do so.
Despite the fact that the appeals and petition filed by the management questioning the legitimacy of the union have all been dismissed, they refused to begin negotiations. This prompted the union members to go on strike following a majority decision by the union to do so. The union notified the National Conciliation and Mediation Board (NCMB) and their management of the impending strike and that they have complied with all the legal procedures for holding a strike.
Despite this, however, the PEZA police and Jantro security guards forcibly broke into their line and started beating the union members in the absence of lawful orders from the court or from DOLE to carry out the dispersal. This is latest incident where the PEZA police and Jantro security guards used excessive force and violence in dealing with workers on protest and strike. On August 31, several union members were also injured when they forcibly dismantled the makeshift tents the workers erected in front of the factory.
Under the existing rules on the implementing of strikes the policemen and guards are required to position themselves at least 50 meters away from the picket line. This however, has been arbitrarily violated and ignored by the PEZA police and guards. It has been a common practice amongst them to harass, threaten, intimidate and use excessive force and violence on workers on protest and on strike. Often they carry firearms, clubs and have their identity name badges covered when they assault the workers.
ADDITIONAL INFORMATION:
On January 5 and 21, three workers on protest, namely Imelda Nuyda (37), Danilo Reduta and Maritess Gaudier (36) were seriously wounded after the PEZA police and the Jantro security guards repeatedly hit them. Gaudier who was three-months pregnant at the time had a miscarriage days after the January 21 incident. (Please read for details: UA-115-2006).
Although the victims had already filed charges against the perpetrators in court, the case have not shown any progress. The victims have not received any government-sponsored assistance or treatment despite an assurance from the Department of Social Welfare and Development (DSWD) for their regional office to take appropriate action that it would do so.
The head office of the Commission on Human Rights (CHR) has likewise failed to effectively cooperate with the victims regarding their complaints. It is reported that instead of the CHR conducting investigations and cooperating with the victims, they only notified the victims through letters to report to their office. However, the victims, who have lost their jobs following the incident were unable to report to the CHR because due to lack of funds to pay for the travel expenses. As a result of this they have not been able to give statements to the CHR.
SUGGESTED ACTION:
Please write letters to the concerned agencies asking for their intervention on this case. The PEZA police and Jantro security guards involved must be investigated regarding allegations against them. If the allegations proven to be true, they must be charged for the injury of the union members and for arbitrarily using excessive force in dealing with workers on protest and strike. Such common practice by these units must be stopped. Please also urge the authorities to ensure that the labour conflict is resolve peacefully and with urgency.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PHILIPPINES: Ten injured in violent dispersal of workers on strike in Cavite
Name of injured victims:
1.) Solomon Noceda
2.) Benigno Terante
The two victims are members of the labour union Nagkakaisang Manggagawa sa Chong Won-Independent (United Workers at Chong Won) (NMCW-Ind). The names of other victims are yet to be identified.
Names of alleged perpetrators: Elements of the Philippine Economic Zone Authority (PEZA) police headed by Peza police Chief Jose Sarasua and Jantro security guards, all of them are assigned inside the Cavite Export Processing Zone (CEPZ) Rosario, Cavite.
Place of incident: In front of Chong Won Fashion Inc (CWFI) garment factory inside the CEPZ, Rosario, Cavite
Date and time of incident: between 8:30am to 9am September 25, 2006
I am writing to draw your attention to yet another incident of a violent dispersal of union members on strike inside the Cavite Export Processing Zone (CEPZ) in Rosario, Cavite. According to information I have received, at least ten union members of Nagkakaisang Manggagawa sa Chong Won-Independent (United Workers at Chong Won) (NMCW-Ind) were injured when they were violently dispersed by elements of the Philippine Economic Zone Authority (PEZA) police and Jantro security guards on September 25.
Two of the victims, namely Solomon Noceda and Benigno Terante, suffered injuries all over their bodies when the PEZA police and guards repeatedly kicked and hit them. Noceda had injuries to his head while Terante had his both hands injured. The two victims said the PEZA police and guards attacked them while they were at the picket line. Solomon fainted but had not been taken by the police and guards to a clinic or hospital for treatment.
I am aware that there were also several others wounded during the incident but whose names have yet to be determined. I am extremely disappointed of the arbitrary, illegal and excessive use of force by the PEZA police and guards against the workers on strike. To violently disperse a legitimate and peaceful strike is totally unacceptable. I am completely aware that the existing rules on the implementing rules of strike, police and guards are required to position themselves 50 meters away from the picket line. Obviously these guidelines have repeatedly been violated and completely ignored in this case.
I am extremely disappointed of the inability and intolerance of the PEZA police and Jantro security guards on dealing with workers on protests and strike. I am completely aware that this is the latest incident where these agencies have used violence and excessive force and without being investigated or punished. In January, three workers were also injured, one of whom had a miscarriage days after the violent confrontation.
On August 31, several union members of the Chong Won Fashion Inc. (CWFI) were likewise injured when they PEZA police and Jantro security guards forcibly dismantle the makeshift tents the workers built outside the factory. I am extremely shocked that despite continued practice by these forces–by way of employing harassment, intimidation, threats and violence–they have not been sanctioned nor punished for committing such acts. I am shocked of the complete inaction and direct tolerance by the concerned authorities, in particular the PEZA, by not imposing sanction and punishment to this unit.
I therefore urged you to have these allegations against the PEZA police and Jantro security guards investigated thoroughly. The arbitrary practice and use of excessive force must be stopped and that they must be held liable for their acts. Appropriate intervention must also be afforded to the victims, not only to the wounded victims but also to ensure that the labour conflict regarding continued refusal by the company to negotiate with the workers for their collective bargaining agreement (CBA) is resolved immediately.
I urged you to ensure the cause of labour conflict is resolved peacefully and with urgency. The management must be encouraged to negotiate with union members for their CBA given the lawful orders on this matter. Allegations of unfair labour practice allegedly committed by the management must also be looked into. The concerned authorities must ensure that the rights and welfare of the workers are ensure and protected by all means.
I trust that you will take action in this case effectively.
Yours sincerely,
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PLEASE SEND YOU LETTERS TO:
- Atty. Lilia B. de Lima
Director General
Philippine Economic Zone Authority (PEZA)
Roxas Boulevard corner San Luis Street
Pasay City
PHILIPPINES
Tel No: +63 2 551 3432 / 3454 / 3455
Fax No: +63 2 551 3449 /+63 2 891 6380
Email:dglbl@peza.gov.ph
- Mr. Peter Favila
Secretary
Department of Trade and Industry
4/F BOI Building
385 Sen. Gil J. Puyat Avenue
Makati
PHILIPPINES
Fax: +63 2 896 1166
Tel: +63 2 899 7450
- Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
- Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
- Mr. Arturo D. Brion
Secretary
Department of Labor and Employment (Dole)
7/F DOLE Building, Intramuros
Manila NCR 1002
PHILIPPINES
Tel No: +63 2 527 2131
Email: sec_art_brion@yahoo.com.ph
- Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No. +63 2 929 9010 / 9436
Fax No. +63 2 927 6810 / 926 2878
Email:chiefacosta@edsamail.com.ph
- Dr. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email:drpvq@yahoo.com
- Mr. Orlando Casimiro
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman (1104)
Quezon City
PHILIPPINES
Tel: +632 926 9032
Fax: +63 2 926 8747
Email:omb1@ombudsman.gov.ph
- Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
- Mr. John Ruggie
Special Representative of the SG on human rights and transnational corporations and other business enterprises
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE OF THE SG ON HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
