UPDATE (Philippines): 21 detained union members released; charges against them have still not been withdrawn 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that the 21 union members who were violently dispersed, six of whom were seriously wounded, and were subsequently detained, were released on 18 August 2006 evening, having spent two days in police detention. (Please see our previous appeal for details: UA-273-2006).

The union members are all attached to the Toyota Motor Corporation Philippines Workers Association (TMCPWA). However, they are still facing charges of inciting to sedition, trespassing, causing damage to property and slight physical injuries, as the complaints against them have not yet been withdrawn. They were released from police custody with their case yet to be investigated further.

It can be recalled that the police, security guards and the officials of the Department of Labour and Employment (Dole) have charged the union members with being responsible for the violence when they allegedly stormed the Dole’s office. The union members have denied these allegations. They have instead claimed that the policemen and guards used excessive force in dispersing them, as they were about to submit petitions involving a labour case.

On August 18, a dialogue between the Department of Labour and Employment (Dole) and the National Coalition for the Protection of Workers’ Rights and a coalition of workers’ unions in the car industry was held regarding the incident. The dialogue, however, led to no significant progress, as the union members were blamed for the incident. No progress was also achieved regarding the request to have the criminal charges against them withdrawn. The charges are likely to lead to convictions in court in absence of an impartial investigation.

It is also learned that the appeals by the union members for the Dole to reconsider its decision which recognized another labour union as being the sole representative able to negotiate with the management, instead of the union members in question, have not been resolved. (Please see our previous appeal for background: UA-273-2006). It can be recalled that the union members held the protest after the Dole ruled in favour of recognising another labour union, which is seen as being more pro-management, as legitimate.

ADDITIONAL INFORMATION:

This is yet another incident where the policemen and security guards have used excessive force and violence to disperse union members holding protests over labour issues and grievances.

In separate incidents on January 5 and 21, 2006, workers – namely Imelda Nuyda (37), Danilo Reduta and Maritess Gaudier (36) – were violently dispersed and brutally beaten while protesting inside the Cavite Export Processing Zone (CEPZ) in Rosario, Cavite. One of the victims, Gaudier, who was three-months pregnant at the time had a miscarriage days after the incident. (Please our previous appeal: UA-115-2006)

In most cases, victims of violent dispersal have been denied the possibility of seeking remedies and redress for the violations committed against them. In this case, the three victims filed criminal charges against the policemen and security guards for the assault, but the complaints they filed in court have not led to any action. The public prosecutor handling the case has also yet to resolve the complaints.

In addition, even though the Department of Social Welfare and Development (DSWD) gave assurances that it would extend medical assistance to these three victims, in reality they have not received any. The AHRC is not aware of any medical assistance afforded to these persons, despite letters of assurance received from the DSWD. There are also delays on the part of the Commission on Human Rights (CHR) to investigate this case. The CHR notified the victims to appear at their head their office to execute affidavits only on June 19, 2006.

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting their intervention. The criminal charges filed against the 21 union members must be withdrawn, in the absence of valid legal grounds to prosecute them. The Dole should instead adequately address the union members’ grievances concerning a labour case, in order to resolve this conflict. Also, if it is proven that the police and security guards have used excessive force, they must also be held liable. An independent body must conduct further investigation into the incident.

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