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PHILIPPINES: A trade union leader constantly threatened by the military

March 10, 2008

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-044-2008

10 March 2008
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PHILIPPINES: A trade union leader constantly threatened by the military

ISSUES: Threats to human rights defender
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Dear friends,

The Asian Human Rights Commission has received information from the Center for Trade Union and Human Rights (CTUHR) regarding serious threats to a trade union leader by the military in Ormoc City, Leyte in the Philippines. The victim has been receiving serious threats since April 2004 due to his activities in the protection of workers' rights. The latest threats he received was on 16-17 December 2007. The victim was too afraid to report the matter to the police as he believes that they would immediately inform the military of his whereabouts and it was only with the encouragement and support of activists from CTUHR that he has now revealed the information. We therefore call for your immediate intervention in this matter.   

CASE DETAILS: (Based on an interview with the victim by the CTUHR)

Mr. Dante F. Senillo, aged 37, has been the regional staff member of the National Federation of Labour Union-Kilusang Mayo Uno-Eastern Visayas Chapter (NAFLU-KMU-EV) since April 2006. His major work include the coordination of the different unions under the NAFLU and the follow-up of the cases and issues which these unions are facing within their companies such as low wages, illegal dismissal and union busting.

The latest threats on Dante happened on the early morning of 16 December 2007. Some elements of the 19th Infantry Battalion (IB) attempted to enter his friend's house in Barangay Dolores, Ormoc City, Leyte where he stayed overnight. Fortunately, he was able to escape. 

On the following day, his friend told Dante to go to some other place for his safety because the 19th IB were looking for him and had offered a reward of P100,000 (USD 2,500) for anyone who could help them locate him. Since then, Dante has been moving from one place to another without knowing why the military placed a hefty sum for his capture.

Even until January 2008, Dante's neighbours informed him that they often see some armed men from the 19th IB roving around at the back of Dante's house.

BACKGROUND INFORMATION:

Dante was also a vice-president for external affairs of Leyte "A" Geothermal Plant Employees Union (LAGPEU) in 1998--a local union in Leyte. In 2000, the LAGPEU staged a strike which the Department of Labor and Employment assumed jurisdiction and ordered them to end the strike without settling the issues involved. The union defied the order which led to the mass dismissal of the unionists including Dante.  After that, Dante and his other colleagues filed the cases of an illegal dismissal at the labour office in Leyte.

Aside from being a trade union leader, Dante was also a general secretary of Anakbayan--a youth organization--Citywide Chapter in Ormoc City, Leyte in 2000. He organized youths in their community and encouraged them to involve themselves in different local issues such as demolitions, low wages, and tuition fee increases, as well as in national issues such as low budgets for social services, high unemployment rate, and corruption in government. Dante continued as a community organizer until 2004.

When national election was coming in the May 2004, Dante volunteered to help campaigning for Anakpawis Party List (Toiling Masses Party) and later became one of its key organizers in Leyte. Anakpawis stands against demolitions, contractualization in work, treaties with other countries which they think as unjust and will not help in improving the economy, and many more that it is considered as one of the militant party lists in the country.

Dante's active involvement in these organizations solicited interests from the military. Eastern Visayas particularly Leyte is one of the heavily militarised regions under the command of Gen. Jovito Palparan at the time. Dante was later accused of being a communist insurgent and has been hunted by forces of 19th IB based in Camp Aguiting Kananga, Leyte. Since April 2004 and even after the May 2004 election, the military constantly asked his neighbours about Dante's whereabouts.

For example, in the first session of Barangay Council in Barangay Dolores on May 2004, 3 military personnel sat in the meeting and asked the Barangay officials if they know Dante and the place where he lives. One of the councilors, Rosie Cabaltis, told them that Dante is a resident of Barangay Dolores and he was in Manila at that time. But the military insisted that Dante was actually in the countryside and accused him as a member of the Communist Party of the Philippines-New People's Army (CPP-NPA).

After this incident, Dante fearing for his safety went to Manila from Leyte and lived there for almost two years. He took different jobs during his stay in Manila but then again returned to Leyte in 2006, hoping that all the previous threats to his life might be gone.

Upon his return to Leyte, he resumed his activities as a union and community organizer and was appointed as a regional staff of NAFLU-KMU-EV in April 2006. However, at around 1pm on 15 September 2006, about 30 elements of 19th IB raided his house in Purok 6, Barangay Dolores, Ormoc City, Leyte.  As he was not home, the military searched from house to house in the whole Purok 6, 5, and 7. The military pointed a hunting knife to one Dante's neighbour, who was popularly called as Guloy, with plastic bag put in his head, and threatened to cut his legs if he would not tell where Dante lives. Because of fear, Guloy told them where he was. Dante was at his mother's house at that time. He barely escaped and moved from one house to another since then.

On 10 May 2007, four days before the election, Dante was supposed to go home from campaigning for Anakpawis Partly List. He then noticed that two armed men were following him with guns in their sides. He tried to confuse the two by taking other route and luckily, he escaped from them and saved his life from danger.

Prior to this incident, one of Dante's colleagues named Vincent Borja was arrested May 7 by the elements of 19th IB and was charged with rebellion and murder. Borja, a National Council Member of Kilusang Mayo Uno--a militant trade union center-- was also accused of being an NPA member and remains in detention until now.

Dante continued to campaign for Anakpawis until the election ended and then concentrated with his work as a regional staff of NAFLU. Despite the constant serious threats to his life, Dante continues with his work for protecting workers' rights until now.

The high number of extrajudicial killings in the Philippines is a result from far higher level of threats and intimidation on the human rights defenders in the Philippines. Killings and threats to the human rights defenders in fact reflect that fear is manifested in the society and the government rules people by fear. Many times, the victims who receive serious threats from the military or police do not report their cases to any government authorities fearing that their location would be exposed. The circle of serious threats often ends only after a victim is arrested or killed.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to investigate the continued threats of Dante F. Senillo by the military and provide protection to human rights defenders.

The AHRC writes separate letters to the UN Special Representative on human rights defender calling for intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ____________,

PHILIPPINES: A trade union leader receives continuous threats from the military

Name of victim: Dante F. Senillo, aged 37, regional staff of the National Federation of Labor Union-Kilusang Mayo Uno-Eastern Visayas Chapter (NAFLU-KMU-EV), the resident of Purok 3, Barangay Dolores, Ormoc City, Leyte, the Philippines
Alleged perpetrators: Elements of 19th Infantry Battalion of Armed Forces of the Philippines based in Camp Aguiting Kananga, Leyte
Date of incident: Continuing since April 2004 (The latest incident of a threat was made to him on 16-17 December 2007)
Place of the latest threats received: The victim's friend's house in Barangay Dolores, Ormoc City, Leyte, the Philippines

I am writing to express deep concern regarding the continued threats to a union leader since April 2004 in Ormoc City, Leyte, in the Philippines.

According to the information received, Mr. Dante F. Senillo is working as a regional staff of the National Federation of Labour Union-Kilusang Mayo Uno-Eastern Visayas Chapter (NAFLU-KMU-EV). His major work is coordinating different unions under the NAFLU and following up the cases and issues which these unions are facing within their companies such as low wages, an illegal dismissal and the union busting.

I am informed that the latest threats on Dante happened on the early morning of 16 December 2007. Some elements of the 19th Infantry Battalion (IB) attempted to enter his friend's house in Barangay Dolores, Ormoc City, Leyte where he stayed overnight. Fortunately, he could escape from there. 

On next day, his friend told him to go hide for his safety because the 19th IB has been looking for him and put a reward of P100,000 (USD 2,500) for anyone who finds Dante. Since then, Dante is moving from one place to another to save his life without knowing why the military placed a hefty sum for his capture. Even until January 2008, Dante's neighbours informed him that they often see some armed men from the 19th IB roving around at the back of Dante's house.

I am also informed that prior to this incident, he was barely escaped from another threat happened on 15 September 2006. At around 1pm, around 30 elements of 19th IB raided his house in Purok 6, Barangay Dolores, Ormoc City, Leyte. As he was not home, the military pointed a hunting knife to one Dante's neighbour, who was popularly called as Guloy, with plastic bag put in his head, and threatened to cut his legs if he would not tell where Dante lives. Because of fear, Guloy told them where he was. Dante was at his mother's house at that time.

High number of extrajudicial killings in the Philippines is a result from far higher level of threats and intimidation on the human rights defenders in the Philippines. Many times, a victim who receives serious threats from the military or police do not report his or her own cases to any government authorities fearing that their location would be exposed. The circle of serious threats often ends only after a victim is arrested or killed.

In light of above, I urge you to conduct a thorough investigation into the continued threats against Dante and prevent any situation that may further harm him. I would like to draw your attention that most victims of extra-judicial killings are reported to have had experienced similar harassments and accused of being NPA member or sympathizers before they were killed. I also urge the Armed Forces of Philippines to enquire into whether or not the person in charge of the 19th Infantry Battalion order or ignore the threat against Dante by his elements. I further you to provide full protection for Dante and his family members.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
E-mail: corres@op.gov.ph

2. Mrs. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: drpvq@yahoo.com

3. Deputy Director General Avelino Razon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: bluetree73@gmail.com

4. Mr. Raul Gonzalez
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: agnesdeva@yahoo.com

5. Gen. Hermogenes Esperon
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen. Emilio Aguinaldo
Quezon City
PHILIPPINES
Fax: +63 2 911 6436
Tel: +63 2 911 6001 to 50

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-044-2008
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.