PHILIPPINES: CTUHR Statement on the ILO-CEACR February 24 Report 

The Center for Trade Union and Human Rights finds the recent report of the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) to the Philippines issued on February 24 a cause of serious concern.

In its report, the committee stated:

“The Committee once again recalls the importance it attaches to the Government making all efforts to ensure that workers may exercise their trade union rights in a climate free from violence, threat and fear. It notes with interest from the Government’s latest report that, in keeping with the High-level Mission’s recommendations, the Executive Secretary, speaking on behalf of the President, confirmed the Government’s commitment to create a high-level tripartite monitoring body to review the progress made in investigating and prosecuting the cases of violence brought to the attention of the ILO supervisory machinery.” (emphasis added)

With this statement, the ILO CEACR seems to be unduly if not dangerously overlooking the facts why trade unions filed complaints at the ILO and why they asked for ILO HLM. Trade unions and labour rights organizations had been reiterating all these times that in this country, what the Arroyo government says is often a complete opposite of what it does to its people. The report apparently missed the point that the Arroyo administration’s brazen and overt attacks on workers’ sector through outright militarization, anti-union laws, condoning violence and repression in the workplaces and perpetuating the culture of impunity in society in general are the very core of the union complaints primarily Kilusang Mayo Uno..

The report further stated:

“It (the ILO Committee) further notes the Executive Secretary’s statement that, with the repeal of the anti-subversion law, those opposing the Government are no longer regarded as subversive or targeted in this regard and any such persecution will not be tolerated.”

CTUHR is seriously concerned that despite numerous reports of violations, and the Alston Report, the ILO continue to rely on the claims of the current administration and the Committee appears to be oblivious to these reports. Executive Ermita’s statement is nothing but lies. The anti-subversion law was repealed 17 years ago, during the Ramos regime, and yet, activists and trade unionists are hounded and killed. Under the Arroyo administration, alone,, there are more than a thousand victims of extra-judicial killings in the country, 95 of whom are from the labor sector and more than two hundred cases of enforced disappearances. No one was prosecuted, only applauded as in the case of Gen. Palparan and awarded as in the case of soldiers who arrested the Morong 43.

Despite the ILO HLM Sept 22 -29 and government’s `commitment’, violations of workers’ rights, particularly rights to freedom of association persist. In fact, on September 25, during the ILO-HLM itself, an illegally detained worker of Karnation Indusries, Mr. Leo Paro, died of respiratory complication due to severe prison conditions. This case was also brought to the ILO-HLM even after the mission, the Arroyo administration did not raise a single finger to look into this case.

Worse, there have been five more cases of intimidation and harassment, one of which led to a stroke and eventual death of the victim, and one case of extra-judicial killing of a known trade union leader in Negros Occidental, since the ILO-HLM last September.

These cases are as follows:

•  Surveillance by suspicious men of Butch Rosales, HR Correspondent of CTUHR and Cebu Workers Center, last October 2, 2009
•  Murder of Reynaldo Bucaling, Chairperson of Pakigdaet sa Kalambuan sa Kambayugo (PSK), an NFSW affiliate organization in Negros Occidental, by members of the Revolutionary Proletarian Army, RPA-ABB last October 4, 2009.
•  Harassment and intimidation of Maureen Hermitanio, former staff of Anakpawis Rep. Joel Maglunsod on October 24, 26, and 28 by two men claiming themselves to be members of the San Mateo Police. They insisted a background investigation of the victim.
•  Threat and harassment leading to stroke and subsequent death of Danilo Belano, an organizer of International Seafarers Action Center, and former organizer of KMU, on November 25 to 26, 2009 by alleged members of the Intelligence Service of the Armed Forces of the Philippines (ISAFP).
•  Harassments and intimidation of leaders and members of the Bagong Pagkakaisa ng Manggagawa sa Triumph International by FTI police, private goons and administration personnel still in relation to the strike of workers aimed at forcibly taking hold of the properties of the closed company. The confrontation took place from January 21-25 2010.
•  Leaders and members of the Four Dimensions Employees Union in San Miguel, Pasig City experienced harassment and intimidation by policemen and a certain, Rolando Anselmo following an order to demolish the picketline of the said union last February 10, 2010.

In addition, we have yet to hear from the ILO a statement with regard to the governments’ anti insurgency program, Oplan Bantay Laya (OBL) or Operation Freedom Watch, which is pointed out in testimonies as the single common factor where rampant HRVs committed against unionists and activists from 2001 to the present are rooted.

Indeed, there were recommendations to assists the AFP and the police in “capacity building, awareness raising and training in relation to freedom of association and collective bargaining” and be trained “in the respect of basic civil liberties of trade unionists.” But then, as we have said earlier, the problems between pervasive violations of freedom of association and involving state forces are not technical in nature but a question of state policy on independent, progressive and/or militant unionism. We understand that the proposed trainings or technical cooperation are well-meaning but we continue to urge the ILO to look deeper into the context of violations and to the value orientation that state policy ensues in government forces. As long as these institutions barely put premium on the need to respect human rights and people’s democratic interests to achieve progress and peace in society, the results of these technical trainings will most likely be insignificant and trivial in resolving the issues of human and trade union rights violations.

The Committee also noted the HLM recommendation on setting up a tripartite committee to monitor the violations in trade unions and workplaces which we hope to be a positive step. However, this body has to be fresh (not from an existing structure to avoid clouds of doubts) credible, independent of Malacañang (Arroyo and even post Arroyo regime) and must include particularly the complainant unions, even those which are not-affiliated with the national center.

Lastly, we are painfully saddened that the full report of the ILO HLM will only be discussed next year, a very long way still, considering the simmering conditions inside and outside the workplaces. Nonetheless, we reiterate our call to the ILO to make a categorical conclusion or observation with regard to the causes of and responsibilities in violations that existed and continue to exist today.

——
The Center for Trade Union and Human Rights (CTUHR) is an independent NGO based in Quezon city, Philippines, engaged in documentation & monitoring of human rights violations committed against workers. It conducts research, information and supports advocacy campaign for workers’ rights promotion and protection. For more information, call or fax: +632 411 0256 or visit www.ctuhr.org

To support this case, please click here: SEND APPEAL LETTER