Dear Friends,
The Asian Human Rights Commission (AHRC) is deeply concerned about the harassment faced by residents and trade unionists of banana plantations affiliated to the May First Labor Movement (Kilusang Mayo Uno) in Mindanao. They were tagged by the military as New People’s Army (NPA) rebel group supporters, and are being summoned to military camps to clear their names.
CASE NARRATIVE (Based on the documentation by the Center for Trade Union and Human Rights (CTUHR))
On 22 January 2018, elements from the Bravo Company of 66th Infantry Battalion Philippine Army (IBPA) based in Compostela Valley (Mindanao) went house to house looking for union members of the May First Labor Movement (Kilusang Mayo Uno), a militant and labour center local union affiliates. Soldiers began conducting area (locally called purok) meetings and asked the trade unionists to present themselves to the Army detachment in the same village. The local unions of these plantations are all affiliated with KMU.
According to residents and members of the trade unions from Sumitomo Fruits Co, Shin Sun Tropical Fruits and Freshmax banana plantations, elements of Bravo Company told them to call out their relatives to surrender, clear their names or get liquidated as they possess a list of New People’s Army (NPA) supporters in the area. The 66th IBPA alleged that they got the list from members of the NPA during an encounter with the state troops.
However, Lito Catap, a barangay San Miguel elected village council member assailed the so-called list, when he saw his name and the name of a long-dead relative. He said that they, and his fellow villagers are now worried as they don’t know who else are included in the list.
Interviewed workers narrated that at the house to house visits and meetings, the military underscored that they are implementing President Duterte’s order to hunt the communist rebels and supporters, as well as their front organizations, and KMU is one of the identified fronts of communists. They said, “As you are a member of KMU affiliated union, you are also considered as NPA supporters. And if you gave even a grain of salt to them (NPA), then you are an NPA sympathizer or supporter.”
Welma Pana, 50, a union member working at SUMIFRU’s Packing Plant 250, in Marapat, Compostela Valley testified that on 22 January 2018, at around 1:30 in the afternoon, five soldiers from the Bravo Company of 66th IBPA barged into her house. One of the soldiers she was able to identify, a certain Pfc. Paulino asked her to go to their camp in San Miguel to surrender because they (the workers) have union. Another soldier, whom she was not able to identify asked her why she joined the union and Pana replied that they want to protect themselves and their job. The military told her that she has to come to the camp on January 23 for a scheduled meeting to surrender. Then the soldier left the house.
Pana did not report to the camp the following day. She knows that she did nothing wrong and there is nothing to be fearful about being in the workers’ union. She and her family however, is worried about their safety.
Similarly, Melfer Amolian, 32 years old, Union Member, Shin Sun Workers Union (SSWU-NAFLU-KMU) narrated that on January 28, at about 6 in the morning, his brother in law on order of the village chief Harry Cabiling, reported to the Bravo company of the 66th IBPA in San Miguel, Compostela Valley to surrender and clear his name. He then followed to the detachment 30 minutes later, and a soldier on civilian clothes who did not say his name asked him why did he join the union and what is the money that they are collecting for, if they are for the NPA? Marvin responded that the money is for the union and for the ongoing union strike. He also saw the list of names that the soldiers want them to surrender. The soldier pressed him about the activities he joined which he admitted to having participated in the march and workers’ camp-out in Manila last year, and then asked for the whereabouts of Arman Blasé. Blasé is a full-time National Federation of Labor Unions (NAFLU) union organizer. Amolian said he does not know where Blasé is. The soldiers urged him that it is really better to surrender, to clear his name and asked him to sign a logbook. He was not sure what kind of logbook it was, but saw that he is listed as rebel surrenderee.
The same situation also happened to other union members from Freshmax, a sister company of Shin Sun Tropical Fruits.
It can be recalled that on 2 June 2017, more than a week after Martial Law was declared in Mindanao, the military violently dispersed the striking Shin Sun Tropical Fruits workers protesting illegal dismissal, underpayment, violations of other labor standards and contractualization. At the dispersal the military was caught saying that `this is Martial Law and we don’t honor the Labor Code in local language’ when workers asserted that the military has no right to intervene in the labour dispute. At the dispersal, eight men and women workers including a child were arrested. A Korean owner of Shin Sun Tropical Fruits ran away to escape from her legal obligations to the workers. The case is still pending at the Department of Labor and Employment (DOLE).
There are other workers who have given their testimonies and complained that they are all worrying about their safety and security. Out of fear, they present themselves to the military camp, but they worry further that they are now listed as rebel surrenderees.
In other parts of Mindanao, repression of people’s rights is also raging. On 28 September 2017, Reneboy Magayano, 50, an agricultural worker and chairperson of Maragusan Workers Association was extrajudicially killed by suspected agents of 66th IBPA on his way to Maragusan Public Market in Compostela Valley to buy fish. On 29 November 2017, Lando Moreno, an oil palm worker in Filipinas Palm Plantation in Agusan del Sur, was also killed by combined company suspected goons and guards, and the police who was nearby the area was not able to apprehend the assailant.
ADDITIONAL INFORMATION:
A fact-finding mission in Compostela Valley was organized to verify reports of military asking local trade unionists to surrender as New Peoples Army (NPA) rebel supporters and government crackdown on labour organizations in Compostela Valley.
The FFM team visited the military camp, accompanied by the Brgy Capt (village chair) Harry Cabiling to hold a dialogue but they were not entertained. Cabiling was summoned inside the camp. The village chair was left inside the camp until the Team left the camp an hour later. The residents noted that the village chair was also sending his council members to summon residents to voluntarily present themselves to the military at the camp.
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SAMPLE LETTER
Dear ___________,
PHILIPPINES: Military harass trade unionists in Compostela Valley
Victims:
1. Residents and members of the trade unions from Sumitomo Fruits Co, Shin Sun Tropical Fruits and Freshmax banana plantations May First Labor Movement (Kilusang Mayo Uno) local union affiliates.
Names of alleged perpetrators: 66th Infantry Battalion Philippine Army (IBPA)
Date of incident: January 22-28, 2018
Place of incident: Marapat, Compostela Valley
Killed victims:
1. Reneboy Magayano, 50 years old. He is an agricultural worker and chairperson of Maragusan Workers Association.
2. Lando Moreno, he is an oil palm worker in Filipinas Palm Plantation in Agusan del Sur.
Names of alleged perpetrators: 66th Infantry Battalion Philippine Army (IBPA)
Date of incident:
1. September 28, 2017
2. November 29, 2017
3. , was extrajudicially killed by suspected agents of 66th IBPA on his way to
Place of incident:
1. Maragusan Public Market in Compostela Valley
2. Agusan del Sur
I am writing to voice my deep concern regarding the harassment of the military of trade unionists and their families in Mindanao.
On 22 January 2018, elements from the Bravo Company of 66th Infantry Battalion Philippine Army (IBPA) based in Compostela Valley (Mindanao) went house to house looking for union members of the May First Labor Movement (Kilusang Mayo Uno), a militant and labour center local union affiliates. Soldiers began conducting area (locally called purok) meetings and asked the trade unionists to present themselves to the Army detachment in the same village. The local unions of these plantations are all affiliated with KMU.
According to residents and members of the trade unions from Sumitomo Fruits Co, Shin Sun Tropical Fruits and Freshmax banana plantations, elements of Bravo Company told them to call out their relatives to surrender, clear their names or get liquidated as they possess a list of New People’s Army (NPA) supporters in the area. The 66th IBPA alleged that they got the list from members of the NPA during an encounter with the state troops.
However, Lito Catap, a barangay San Miguel elected village council member assailed the so-called list, when he saw his name and the name of a long-dead relative. He said that they, and his fellow villagers are now worried as they don’t know who else are included in the list.
Interviewed workers narrated that at the house to house visits and meetings, the military underscored that they are implementing President Duterte’s order to hunt the communist rebels and supporters, as well as their front organizations, and KMU is one of the identified fronts of communists. They said, “As you are a member of KMU affiliated union, you are also considered as NPA supporters. And if you gave even a grain of salt to them (NPA), then you are an NPA sympathizer or supporter.”
Welma Pana, 50, a union member working at SUMIFRU’s Packing Plant 250, in Marapat, Compostela Valley testified that on 22 January 2018, at around 1:30 in the afternoon, five soldiers from the Bravo Company of 66th IBPA barged into her house. One of the soldiers she was able to identify, a certain Pfc. Paulino asked her to go to their camp in San Miguel to surrender because they (the workers) have union. Another soldier, whom she was not able to identify asked her why she joined the union and Pana replied that they want to protect themselves and their job. The military told her that she has to come to the camp on January 23 for a scheduled meeting to surrender. Then the soldier left the house.
Pana did not report to the camp the following day. She knows that she did nothing wrong and there is nothing to be fearful about being in the workers’ union. She and her family however, is worried about their safety.
Similarly, Melfer Amolian, 32 years old, Union Member, Shin Sun Workers Union (SSWU-NAFLU-KMU) narrated that on January 28, at about 6 in the morning, his brother in law on order of the village chief Harry Cabiling, reported to the Bravo company of the 66th IBPA in San Miguel, Compostela Valley to surrender and clear his name. He then followed to the detachment 30 minutes later, and a soldier on civilian clothes who did not say his name asked him why did he join the union and what is the money that they are collecting for, if they are for the NPA? Marvin responded that the money is for the union and for the ongoing union strike. He also saw the list of names that the soldiers want them to surrender. The soldier pressed him about the activities he joined which he admitted to having participated in the march and workers’ camp-out in Manila last year, and then asked for the whereabouts of Arman Blasé. Blasé is a full-time National Federation of Labor Unions (NAFLU) union organizer. Amolian said he does not know where Blasé is. The soldiers urged him that it is really better to surrender, to clear his name and asked him to sign a logbook. He was not sure what kind of logbook it was, but saw that he is listed as rebel surrenderee.
The same situation also happened to other union members from Freshmax, a sister company of Shin Sun Tropical Fruits.
It can be recalled that on 2 June 2017, more than a week after Martial Law was declared in Mindanao, the military violently dispersed the striking Shin Sun Tropical Fruits workers protesting illegal dismissal, underpayment, violations of other labor standards and contractualization. At the dispersal the military was caught saying that `this is Martial Law and we don’t honor the Labor Code in local language’ when workers asserted that the military has no right to intervene in the labour dispute. At the dispersal, eight men and women workers including a child were arrested. A Korean owner of Shin Sun Tropical Fruits ran away to escape from her legal obligations to the workers. The case is still pending at the Department of Labor and Employment (DOLE).
There are other workers who have given their testimonies and complained that they are all worrying about their safety and security. Out of fear, they present themselves to the military camp, but they worry further that they are now listed as rebel surrenderees.
In other parts of Mindanao, repression of people’s rights is also raging. On 28 September 2017, Reneboy Magayano, 50, an agricultural worker and chairperson of Maragusan Workers Association was extrajudicially killed by suspected agents of 66th IBPA on his way to Maragusan Public Market in Compostela Valley to buy fish. On 29 November 2017, Lando Moreno, an oil palm worker in Filipinas Palm Plantation in Agusan del Sur, was also killed by combined company suspected goons and guards, and the police who was nearby the area was not able to apprehend the assailant.
I urge you to conduct a thorough investigation of the alleged harassments and ensure that the perpetrators are held accountable. I further urge you to adhere to and uphold the ILO Convention 87 (Freedom of Association and Protection of the Right to Organize, and ILO Convention 98 (Right to Organise and Collective Bargaining), and respect the Universal Declaration of Human Rights and all major Human Rights instruments to which the Philippines is a signatory.
I trust that you will take appropriate action in this.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1.Mr. Rodrigo Duterte
President
Republic of the Philippines
New Executive Bldg. Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Tel: +63 2 735 6201 / 564 1451 to 80
2. Mr. Jose Luis Martin Gascon
Chairperson
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman 1101
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
3. Police Director Ronald M. Dela Rosa
Chief
Philippine National Police (PNP)
Camp General Rafael Crame,
Quezon City 1111
PHILIPPINES
4. Mr. Vitaliano N. Aguirre II
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Telefax: +632 523-9548
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
