Dear friends,
The Asian Human Rights Commission (AHRC) writes with deep concern over fears of a possible violent dispersal of factory workers on protest. Protesting workers of S. P. Venture Corporation, a Korean owned garment factory operating inside the Cavite Export Processing Zone (CEPZ), have conducted a picket since 6 May 2006; a day after the company filed for insolvency or bankruptcy in court without informing their workers.
At least 88 regular workers are demanding that they be paid their salaries and other benefits from December 2005 to May 2006. Although the company has given some of the workers small amounts of money as partial payments, this was not enough to even support their families. The company also failed to give assurances to the workers that their salaries, separation pays and other benefits would be paid before it declared bankruptcy. The workers fear that the company is avoiding their responsibility and may abscond.
Concerns of yet another violent dispersal by the police and private security guards have increased following a local court reportedly issuing a writ of execution for claims to another case in favor of Panorama, owner of the factorys warehouse where the S. P. Ventures Corporation operated since 1998. Sung Chul Park (a.k.a. Kevin Park) was the president of the company. It is reported that the workers company is heavily indebted to Panorama. Some of the remaining equipment inside the factory is now subject to seizure by the court sheriff.
Before the company closed shop, the workers were able to file complaints before the National Labour Relations Commission (NLRC) in Quezon City, Metro Manila. They are demanding the payout of their unpaid salaries, separation pays, service incentive leave (SIL) and other benefits amounting to P4.1 million pesos (USD 77,931) for 88 workers. A separate criminal complaint was also filed against the company for non-payment of benefits. These complaints, however, are yet to be resolved by the NLRC or the court. The offices of the Philippine Economic Zone Administration (Peza) and the Department of Labour and Employment (Dole) have failed to prevent closing companies from fleeing or absconding without having their workers paid.
ADDITIONAL INFORMATION:
In January 2006, workers Imelda Nuyda and Danilo Reduta and Maritess Gaudier were brutally beaten and seriously injured when CEPZ police and security guards from Jantro Security Agency guards violently dispersed them. (Please see our previous appeals: UA-115-2006 and UP-080-2006). Charges against the police and security guards filed by the victims before the Provincial Prosecutors Office have showed no progress. In a letter dated May 5 received by the AHRC, Department of Social Welfare and Development (DSWD) Under Secretary Celia Yangco notified Ms Thelsa Biolena, regional director for IV-A, to take immediate action in Gaudier and Redutas case. This, however, has yet to materialise.
SUGGESTED ACTION:
Please write letters to director general Lilia de Lima of the Philippine Economic Zone Authority (Peza) asking for her immediate intervention to ensure that workers of the S. P. Ventures Corporation are paid their claims for salary, separation pays and other benefits. De Lima must take effective measures to ensure that the police and security guards do not use excessive force to disperse the workers in their protest. Also please send letters to concerned government agency regarding this matter. The workers plight must be resolved in a peaceful and just manner.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
PHILIPPINES: Threat of yet another violent dispersal of workers in Rosario, Cavite
Affected workers: Eighty eight employees of S. P. Ventures Corporation. They are demanding the payment of their unpaid salaries, separation pays and other benefits.
Location and date the picket started: 5 May 2006 in front of the companys factory
Status of the case: S. P. Ventures Corporation has filed for insolvency before a local court in Cavite City, five months after failing to regularly pay their workers. The workers are demanding from them almost P4.1 million in unpaid claims.
I am writing to draw your attention to the plight of 88 workers from S. P. Ventures Corporation, a garment factory operating inside the Cavite Export Processing Zone (CEPZ) in Rosario, Cavite. I am deeply concerned over possibilities that some of these workers, who are presently holding a picket outside the factory, may be violently dispersed by the police and private security guards.
According to the information I have received, S. P. Ventures Corporation filed for insolvency before a local court in Cavite City on May 5, five months after they failed to regularly pay their workers their salaries and other benefits. I am extremely disappointed by the failure of the CEPZ administration to ensure the protection of workers rights in this case. I am aware that as part of set regulations, any company who files for insolvency must ensure that its workers are properly notified. While the manner in which the insolvency was filed is highly suspicious, I am extremely disappointed by the CEPZ officials failure to protect the workers welfare.
I am concerned that another company, the Panorama, to whom S. P. Ventures Corporation is heavily indebted, might use force and violence in implementing a court order to its advantage in claiming some of the companys property. As you are aware, some of the 88 workers have been holding picket to prevent the company or any other party from taking out any equipment outside the factory until they are paid. The workers also had pending claims amounting to P4.1 million from the company in their complaint filed before the National Labour Relations Commission (NLRC).
I am aware of the repeated and arbitrary use of authority by CEPZ police and security guards from Jantro Security Agency in violently dispersing workers on protest. I am extremely disappointed by these police and guards repeated use of force against workers who are holding peaceful assembly and are only asserting their rights. As you are aware, three workers of Chunji International Philippines Inc. (CIPI) were seriously injured–one of whom had a miscarriage–when violently dispersed in January 2006. I trust that such appalling conduct will not happen again in this case.
I therefore urge your immediate intervention in order to resolve this matter by peaceful means and to prevent further violence from occurring. It must be ensured that workers are paid their unpaid salaries and benefits, and that the police and security guards refrain from using any forms of violence and force against the workers. Please also use your authority to pressure the NLRC to resolve the workers complaint for claims without delay. Also, in the insolvency proceedings the workers must be given priority for payment of their claims.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Atty. Lilia B. de Lima
Director General
Philippine Economic Zone Authority (PEZA)
Roxas Boulevard corner San Luis Street
Pasay City
PHILIPPINES
Tel: +63 2 551 3432 / 3454 / 3455
Fax: +63 2 551 3449 /+63 2 891 6380
Email: dglbl@peza.gov.ph
2. 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
3. Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel: +63 2 929 9010 / 9436
Fax: +63 2 927 6810 / 926 2878
4. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame
Quezon City, Metro Manila
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
5. Ms. 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@chr.gov.ph
6. Ms. Lualhati F. Pablo
Officer in Charge
Department of Social Welfare and Development (DSWD)
Batasan Pambansa Complex, Constitution Hills
Quezon City
PHILIPPINES
Tel.: +63 2 931 8101 to 07
Tel/Fax: +63 2 931 8138
7. Ms. Lita Aglibut
Executive Labour Arbiter
Regional Arbitration Branch IV
National Labour Relations Commission (NLRC)
3/F Perlas Building, 646 Quezon Avenue
Quezon City
PHILIPPINES
Tel: +63 2 742 3225
Fax: +63 2 712 8413
8. 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)
E-mail: ssyed@ohchr.org
9. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
E-mail: scronin@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
