PHILIPPINES: Torture; labour rights; violence against women; excessive use of force in dispersal of protest; denial of medical treatment; arbitrary use of authority by police; possible delay in adjudication of cases; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that the workers who were injured in a violent dispersal on 21 January 2006 have not received government-sponsored treatment. The victims, Maritess Gaudier and Danilo Reduta, have been forced to meet their own medical expenses and have had to seek the help of their colleagues for their treatment.
Although Gaudier underwent a medical examination following her miscarriage, she has been unable to complete her medication as prescribed by her physician. The reason for this is having lost her job, she is unable to meet the costs of the medicine. Reduta, meanwhile, was forced to seek the assistance of local labour group, the Workers Assistance Center Inc. (WAC), to pay for his medical treatment. Had it not been for their help he would have not been treated at all.
Gaudier and Reduta were among the at least 100 workers from Chunji International Philippines Inc. (CIPI), a Korean-owned garment factory operating inside the Cavite Export Processing Zone (CEPZ), who were illegally dismissed after the company closed in December 2005. (Please see details of the case: UA-115-2006). At the time the dispersal took place, they were among those workers peacefully picketing in front of CIPI demanding the payment of separation pays and unpaid benefits. Gaudier and Reduta have not been able to find replacement jobs since being dismissed.
Gaudier is struggling to support her three children after loosing her job. Her husband, Ricardo earns a living from driving. Meanwhile, Reduta has had to depend on his parent-in-laws to support him and his family.
On 5 April 2005, the Philippine Economic Zone Authorities (PEZA), a government-owned corporation, authorised the release of almost P4 million pesos to cover the payment of separation pays of the workers. The amount was taken from the bond posted by the CIPI to the PEZA as collateral when they closed down. The workers were granted separation pay to the equivalent of 15 days per year of service computations. The workers earned P256 (USD 4.9) a day for an eight hour shift.
It was learned that the workers were earlier offered separation pays equivalent to 10 days per year of service. While 200 workers accepted the offer, the other 100 refused and continued on demanding for a just payment. Those workers dissatisfied by the offer started picketing at the gate of the CIPIs factory to which they were violently dispersed on several occasions by the Jantro Security Agency, the private security guards inside the CEPZ and the PEZA policemen. (Please see details of the case: UA-115-2006).
While the AHRC appreciates the assurance of payment of separation pays to the workers, it is deeply concerned that the victims complaint of torture and their need for adequate medical treatment to ensure their full physical and mental recovery have not been adequately acted upon by the concerned government agencies. The charges they filed against the respondents before the Provincial Prosecutor in Imus, Cavite, have not shown sufficient progress. Also, the security guards and the policemen involved have not been met with preventive suspensions or sanctions by the PEZA or CEPZ authorities.
Additionally, the complaint of illegal dismissal the workers filed before the National Labour Relations Commission (NLRC) in Quezon City is also not showing any progress. The NLRC has yet to resolve or decide on the complaint. While the AHRC appreciates the payment of separation pays to workers, we still maintain that the employers must be held accountable if they are found to have illegally dismissed their workers and violated the provisions of the Labour Code of the Philippines in dealing with the workers.
SUGGESTED ACTION:
Please write letters to the agencies listed below, in particular the Department of Social Welfare and Development (DSWD), asking for their immediate intervention to ensure that the victims are reimbursed their medical expenses. An evaluation of their medical status must also be conducted to determine whether or not there is still a need for further medication. The victims full physical and mental recovery must be ensured. Additionally, the Prosecutors Office in Imus, Cavite must resolve the criminal complaint filed by the victims without delay. If there is a probable cause to recommend for the indictment of the respondents involved in the violent dispersal, it must be filed in court without delay.
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SAMPLE LETTER
Dear __________,
PHILIPPINES: Workers injured in violent dispersal have not received government-sponsored treatment
Names of victims:
1. Maritess Gaudier (36), a resident of 219 Capt. Sarino Street, Mabolo, Bacoor, Cavite
2. Danilo Reduta, a resident of Block 9, Lot 32, Metroland Terraces Subdivision, Barangay De Ocampo, Trece Martirez City, Cavite
Name of alleged perpetrators: At least 80 to 100 security guards from Jantro Security Agency and 10 Philippine Economic Zone Authority (PEZA) police headed by Major Edgardo Pulay
Date and time of incident: 21 January 2006 at 7:30am and 5:30pm respectively
Place of incident: In front of Chunji International Philippines Inc. (CIPI) in Rosario, Cavite
It has come to my attention that Maritess Gaudier and Danilo Reduta, who were injured in a violent dispersal from their former workplace on 21 January 2006, have not been afforded with adequate government-sponsored treatment. I have learned that Gaudier and Reduta have had to shoulder the cost of their medical expenses and seek the assistance of colleagues for this.
I have learned that although Gaudier underwent a medical examination after she miscarried, she was unable to complete her medication as prescribed by her physician. The reason for this is having lost her job, Gaudier has been unable to meet the costs of her medication. Meanwhile, Reduta was forced to seek help from a labour group to pay for his treatment. Reduta suffered injuries after he was brutally beaten following the violent dispersal.
I am deeply concerned that although these are victims of violence they have been deprived of government services, in particular medical treatment. I am disappointed by the failure of health and social welfare workers to respond to the victims who are in need of their services. This demonstrates a complete failure on the part of the government. To help remedy this failure, I ask that you ensure that the victims are reimbursed their medical expenses without delay.
There should also be an evaluation of the victims medical status to determine whether or not they require further treatment. If follow-up treatment and/or medication is necessary, the health and social welfare offices must take action to meet this objective. Also, another victim, Imelda Nuyda, who was injured in a separate violent dispersal on 5 January 2006, must also be included in this programme.
Additionally, I urge you to ensure that the complaints filed by the victims against the Jantro Security Guards and the PEZA police before the Provincial prosecutors Office in Imus, Cavite are resolved without delay. The Prosecutor must recommend for the indictment of the respondents if their investigation reveals probable cause. Also, the National Labour Relations Commission (NLRC) must decide with urgency on the complaint of illegal dismissal by the victims filed against their former employer, the CIPI. Appropriate compensation must be afforded to them in accordance with the Labour Code of the Philippines.
I trust that you will take 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 No: +63 2 551 3432 / 3454 / 3455
Fax No: +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. No. +63 2 929 9010 / 9436
Fax No. +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. No: +63 2 742 3225
Fax: +63 2 712 8413
8. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (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)
