UPDATE(Philippines): Violent attacks forced workers to abandon strike

Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you that the striking workers at the Korean-owned garment factory inside the Cavite Export Processing Zone (Cepz) were forced to abandon their strike following frequent violent attacks by unidentified armed men. Although an investigation was conducted, the credibility of its result is questionable.

UPDATED INFORMATION:

In our previous appeal (UP-087-2007), we reported that on June 10 and 11 the workers on strike at the C. Woo Trading, Inc. (formerly Chong Won Fashion, Inc.) were violently attacked by unidentified men. The attackers, armed with firearms and sharp weapons, dismantled the worker’s makeshift tents. When the workers sought the assistance of the police, the officers refused to investigate and register their complaint. No protection or security was provided to ensure the peaceful continuation of their strike.

After reporting the incident, a letter dated July 25 was received by the AHRC from Justo Porfirio Yusingco, deputy director general for finance and administration of the Philippine Economic Zone Authority (Peza). The Cepz, where the garment factory is located comes under the supervision of the Peza. The Peza’s authority over Cepz, as a government owned and controlled corporation includes the conduct of investigations and security by its own forces.

However, in Yusingco’s letter, there was no indication that a credible and independent investigation had been conducted. Those who conducted the investigation were the Peza police inside the Cepz, who had been accused by the workers of carrying out previous violent attacks against them; the very same police unit the workers charged in court for the violent attacks.

For the June 10 and 11 incident, no investigation was conducted regarding the circumstances as to how the armed men, hooded with balaclavas, were able to enter the Cepz’s compound. The Peza police are obliged to secure compound’s periphery and this includes the workers.

However, in Yusingco’s letter he already rejected the worker’s complaint and concluded the case, even though he admitted difficulty in producing witnesses. In his letter he stated:

“As reported to the dismantling of the workers’ makeshift tents inside the Cavite Economic Zone, PEZA tasked its police personnel to investigate the incident. Based on the evidence and testimonies of witnesses, it was found that the alleged dismantling was purportedly ordered by an officer of Chong Won Fashion, Inc. However, for lack of witnesses who can identify the persons responsible for the dismantling, the PEZA Police failed to establish their identities.”

ADDITIONAL COMMENTS:

The role of the Peza police who conducted the investigation was put in question due to their alleged previous involvement in attacks on the workers.

As described in our previous appeal (UA-314-2006), the Peza police and security guards were accused of violently dispersing the striking workers in September 2006. The incident resulted in the wounding several workers. They were dispersed while preventing the scab workers from entering the factory. It is not permitted under the Labour Code of the Philippines for factory owners to hire scab workers to replace workers on strike. However, the Peza police and security forces instead escorted them inside the factory to work.

They also denied entry of food, water and personal belongings for the striking workers (UP-185-2006). The workers entry passes, while on strike, were invalidated thereby effectively denying them access to the factory to carry on with the strike.

They have likewise illegally arrested, falsely charged and have eight workers detained in another police station for supporting and giving food to the striking workers (UP-195-2006). When the arrests took place, one of the Peza police allegedly intimated and threatened to kill one of the workers. Later, the court ordered their release due to lack of evidence.

In January 2006, the Peza police have also allegedly violently attacked workers wounding three of them. One of the victims was a three-month pregnant woman. She subsequently miscarried days after the incident (UP-080-2006). The victims and their fellow workers were forced to relocate and settle in other places. The workers at that time lost their jobs when their company closed down without notice. They were forced to secure the remaining machines at their insolvent company’s compound, unless their demand for payment of their salaries and benefits are met, when they were attacked.

A number of criminal charges have been filed in court against the Peza police but none of them are showing progress as a result of the prosecutor’s failure to resolve them promptly and file in court to begin a trial. Although Section 3, Rule 112 of the Rules of Court requires a maximum of 35 days to resolve a case; from the day it is filed, submission of affidavits by respondents and for prosecutor resolved the case. But cases are suffering delay.

Even though the Peza police and its security forces have already been charged in court, they have been allowed to continue reporting and performing their usual duties. No known disciplinary action has been taken against them.

The Peza’s autonomy over economic zones as provided by the Republic Act No. 7916 or the Peza Law has limited intervention by the Philippine National Police (PNP) in some cases, in particular in investigation and receiving of complaints. When workers reported the June 10 and 11 incident to a local police station–Rosario Municipal Police Station (RMPS); they refused to register the workers complaint and to investigate claiming they have no jurisdiction over Cepz.

SUGGESTED ACTION:
Please write to concerned government agencies requesting their intervention to ensure that a credible investigation in conducted in this case. It should also ensure that the charges against the security forces in court and the labour dispute involving the workers and the company are resolved promptly.

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