PHILIPPINES: Soldiers threaten, intimidates three labour rights defenders

Dear friends,

The Asian Human Rights Commission (AHRC) writes with deep concern regarding the safety of three Human Rights Defenders, who are grassroots labour leaders that advocate protection of labour rights. The three persons have been the object of continuing threats, intimidation and surveillance by soldiers in their village for defying the former’s demand to cease their union activities.

CASE DETAILS: (According to the information from the Nonoy Librado Development Foundation (NLDF))

Case 1: Aurelia Yray is the treasurer of the Nagkahiusang Mamumuo sa Os Miguel (NAMAOS), a labour union.

On 2 April 2009, Aurelia Yray’s neighbor, Lilia Sereno, told her that a member of the Workers for Industrial Peace and Economic Reform (WIPER) was looking for her. This group is composed of and is organized by the military on the pretext of promoting industrial peace but actually their members systematically harass and intimidate workers in the area of Compostela, Compostela Valley. One of the six WIPER members told Lilia that he wanted to speak to Aurelia and she told him that Aurelia no longer lives in her house. She informed the man that Aurelia now lives with her daughter.

After being told where Aurelia’s is presently living members of the group immediately went to the place. When they arrived there, Aurelia’s daughter, Ivy Yray, was shocked by the group’s presence in their house. Ivy then asked them what her mother had done wrong; one of them told her that they only wanted to speak to her mother. Ivy told the group: “Kung mawala akong mama, kamo ang pangitaan nako sa akong inahan kay nailhan nako mo.” (I’m warning you that if in case my mother disappears, I would be asking for her whereabouts from you because I know who you are). Ivy happened to recognized one of them.

One of the group members told Ivy that she need not to worry and that they would not harm her mother. He repeated that all they wanted to do was to speak to her. Ivy told the group that her mother was working at the time at the area of Packing Plant No. 253 of their banana plantation; Aurelia works for, the Fresh Bananas Agricultural Corporation (FBAC). On the same day, at 7pm, while the workers were having their dinner, the group went to the packing plant looking for Aurelia. About five members of the group were seen to have gone to the packing plant onboard a utility van, one of whom went out looking for Aurelia.

One of the group was asking the workers to identify Nene Yray or Aurelia Yray. When Aurelia replied: “Ako si Nene Yray! Unsa man diay imong tuyo (I am Nene Yray! What do you want)? the person said to her: “I just want to talk with you. Aurelia told him she could not entertain him because she was busy working. When asked about what she would finish her work, Aurelia said to him: “At around 11pm to 12 midnight”

The group, despite having been told that Aurelia would have to stay longer at the packing plant to work overtime, did not leave the place where they were waiting. They waited outside the packing plant for almost an hour but later said to Aurelia: “We will come back tomorrow and wait for you at your daughter’s house”.

The following day, April 3, at 8am, Aurelia went out together with some friends. According to her daughter, Ivy, the group returned to their house at 3pm. However, Aurelia was not able to return home at that time when the group came. This time, they nevertheless told Ivy that they would have to return.

But on April 4, at 4:30pm, the group caught up with Aurelia at the house of her sister in law, Flor, somewhere at the lower part of Agibawa. The group, when they spoke to her, did not introduce themselves but said they had something to discuss with her. They told her that it was about a livelihood project, like the fishpond, mushroom, piggery, that they wanted her to manage but Aurelia told them that she had no time to manage the projects because she already had her own work.

But when Aurelia, without any qualms, told the group that: “Maybe you have other intention/purpose with me because it seems that you made enough effort to look for me!” One of those in the group told her that all they wanted is just to discuss things about her group, NAMAOS. “We do not want to destroy NAMAOS but we encourage you not to be affiliated with the KMU (Kilusang Mayo Uno) because KMU is one of the legal fronts, supporter of the Communist Party of the Philippine/New People’s Army/National Democratic Front of the Philippines (CPP/ NPA/ NDFP).

Aurelia then told the group that: “Do you have evidence to prove that KMU is a supporter of the CPP/ NPA/ NDFP? “ The group told Aurelia that Joma (Jose Maria) Sison is the founder of the NPA and at the same time founder of the KMU. “That is why Joma Sison is in Netherlands and people like Aurelia are the one who is left (in the Philippines) to attend things left in the country. Joma Sison used the workers so that he would be able to go out in the Philippines,” the group said.

The group also told Aurelia not to participate in protest rallies for the Labour Day, May 1; for Bonifacio day, November 30 and other demonstrations. Aurelia told the group that: “You cannot force us not to attend such activities because those activities were traditionally attended by the workers. The group also claimed that KMU activities are illegal. Aurelia said that: “if May 1 protest is illegal, why you haven’t handcuffed the members of KMU and us, the workers who attended the protest rally?” The group did not reply.

One of the workers also told Aurelia that if he knew a certain person Dodong Basilio (whose real name is Romualdo Basilio) who formerly worked with the Lapanday Corporation, a banana plantation, Aurelia replied to them: “Of course, because Dodong is the chairperson of KMU. The group then asked her: “Do you know what Dodong did to Lapanday?” They told her that Dodong was the reason why Lapanday closed down their operation.

In our previous appeal (AHRC-UAU-011-2009), we have already raised concerns by the inclusion of Romualdo’s name in a PowerPoint presentation listing several persons, including human rights defenders, as targets. The document was reported to have been leaked by a military source.

Aurelia then told the group that: “If you have nothing else to tell me, I will now leave. There is nothing more I could talk about with our members in our office because you (WIPER) have done house to house visit with our members.

Aurelia is an active member of NAMAOS. She is also the treasurer of the union.  She also sits as one of the panelists when they were negotiating with the management for their Collective Bargaining Agreement (CBA) which concluded on 15 September 2008. Until the present, the union continues to struggle to have the provisions of the CBA fully and effectively implemented.

Case 2: Roldan Anover. He is the auditor of NAMAOS

On 8 December 2008, Roldan Anover went to the residence of Domingo Regamas (his nickname is Boy), administrator of plant 98 of the Fresh Bananas Agricultural Corporation (FBAC), to request a cash advance. But when he arrived at Domingo’s house, he noticed that there were two men already inside his house. A blue color Elf truck, with seven persons inside, was also parked outside the house. Roldan nevertheless went inside the house and Domingo had him introduced to a person unknown to him.

During their conversation, Aaron, liaison officer for WIPER, introduced himself as a military man but his companion did not introduced himself. Roldan found out that Aaron is a member of WIPER. Aaron told them that it is okay to have a union or organization but they should not be affiliated with the KMU because it is a legal front of the NPA and the latter are their enemies. Aaron told him: “Iatras ninyo ang membership sa KMU ug mubalhin mo sa lain nga grupo (withdraw your membership with KMU and transfer to another group).” Aaron asks where he lived but Roldan refused to say.

On 2 April 2009, at 5pm to 6pm, Roldan was supposed to go to the NAMAOS office but he was not able to do so because his motorcycle was broken. When he stopped to check the vehicle, he saw two motorcycles that also stopped close to him. The person riding on the other motorcycle began talking and telling him that they are giving livelihood programs to union members, in particular to the NAMAOS members. Their conversation lasted for some time and later on he recognized that the persons to whom he was speaking were military men, one of whom was identified as Elmer Saraom. Saraom was wearing civilian clothes and had a firearm tucked in his waist. Elmer told Roldan that they would be willing to help but on condition that they will no longer attend the mass mobilizations, for example Labour Day demonstrations, held every May 1st.

One of them said to him:”Kadaot ninyo Dan, (his nickname) wala moy mga baruganan. Mga gahi mo’g ulo! (the problem with you is you don’t have word of honor. You are hard headed persons)” The solders’ were referring to an incident wherein the group did not attend the consultation regarding the Philippine Health Insurance (PhilHealth) which the soldiers had organized and conducted. But Roldan said to them: “We haven’t attended because we still have work and you informed us informally (no formal invitation).”

But on the last part of their conversation which lasted for about one hour and 30 minutes, Elmer finally said to him: “Actually bay, ang tuyo gyud namu diri, mao ang paglumpag ug ang pagsilhig sa mga NPA sa kabukiran (you know, our purpose really is to dismantle and wipe out the NPAs in the mountains).” And Roldan did not speak further because it was already evening by that time and the motorcycle had not been repaired yet. The military later left the area.

The following day, December 9, Roldan’s fellow worker Danny Jacinto, also the former chairman of NAMAOS, cautioned him to be careful because he had been told that someone had made a sketch of the way to his home and the pattern of his daily routine. They also learned that military had been monitoring his activities.

Roldan is the auditor of NAMAOS. He had also represented their group as one of the panel during the group’s negotiation for the Collective Bargaining Agreement (CBA) signed on 15 September 2008. The negotiation was held between the union leaders, banana growers and the management of the FBAC.

Case 3: Cerila Anding. She is the president of NAMAOS.

On 21 and 26 November 2008, soldiers attached to the 66th Infantry Battalion (IB) of the Philippine Army (PA) and WIPER, an organization the soldiers are also leading, held a pulong-pulong or a small gathering at the packing plants Nos. 252 and 256. Similar meetings also took place on December 2 and 3, 2008 in packing plants Nos. 257, 255 and 251 and in 253 respectively. The meetings usually take place between six to eight o’clock in the morning.

Among their subjects discussed at the meeting was the deliberate demonizing of the KMU and the National Federation of Labor Unions (NAFLU) in which her union, the NAMAOS, is also affiliated. The WIPER added that KMU and NAFLU are members of the Communist Party of the Philippines/National Democratic Front/New People’s Army (CPP/NDF/NPA), and told the union members that their monthly dues were being used to support the armed struggle in the countryside.

During the said meetings, the union members of NAMAOS were also told that they had to disaffiliate from the KMU and NAFLU and deliberately told the NAMAOS union members to transfer affiliation to other groups. Prior to the meetings, by first week of November 2008, the soldiers attached to the WIPER and the 66th IB of the Philippine Army in Barangay Osmena had began putting up an encampment close to the office of NAMAOS.

On 16 January 2009, NAMAOS union members filed a complaint for harassment with a local police station in Compostela, Compostela Valley province. There was also a dialogue held between the NAMAOS, the WIPER and the 66th IB on 23 January 2009 which was mediated by town mayor Reynaldo Q. Castillo.
 
When the Grievance Committee of their union held a meeting on 14 February 2008, Aaron Varona and Elmer Saraun, who were together with about 20 elements fully armed soldiers attached to the 66th IB, who had come to their office. They made an offer to help them but on condition that they would not join the May 1 labor activities.

On 8 March 2009, while Cerila and her group were preparing to join the demonstration to mark the International Women’s Day in Davao City, they noticed three unidentified men who positioned themselves a few meters away from her house.

ADDITIONAL INFORMATION:

The AHRC has in recent times documented and reported numerous cases of human rights defenders being subjected to threats, harassment and intimidation, as a result of their involvement in human rights work.

Before the threats on Aurelia Yray, Roldan Anover and Cerila Anding came to light, on May 2009, a PowerPoint presentation which lists the names of about 105 persons, including human rights defenders, which was reportedly leaked by a military source and made public. The document reportedly originated and was created by the 10th Infantry Division of the Philippine Army (PA).

The document also listed several NGOs and organizations, including the group to which the three human rights defenders who are mentioned in this case, the KMU, as fronts of the communist movement in the Philippines. However, despite the soldiers’ repeated allegations in public, nothing were taken and filed in court for prosecution.

In Davao province, to merely associate or cast upon a person allegations that he is part of communist movement or is supporting them, it is already enough to have this person subjected to being targeted to attacks—whether by security forces or otherwise. Thus, for the government forces to continuously perpetrate and tolerate these acts are, in itself, tantamount to needlessly exposing them to risk.

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below requesting them to have this case investigated thoroughly. The soldiers involved should be investigated as to why they are continuously threatening and harassing these persons and that their group, the WIPER, be disbanded without further delay. The victims should also be afforded with appropriate protection they require.

The AHRC has also written letters to the Special Rapporteurs for the human rights defenders and Extra-judicial, Summary, or Arbitrary Executions.

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