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PHILIPPINES: Soldiers allegedly threaten union leaders and workers to stop their activities

October 12, 2008

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-228-2008

13 October 2008
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PHILIPPINES: Soldiers allegedly threaten union leaders and workers to stop their activities

ISSUES: Threats; human rights defenders; right to liberty and security; freedom of association; trade unions; workers
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Dear friends,

The Asian Human Rights Commission (AHRC) writes with deep concern about the continuing threats to four union leaders, including a union president, and dozens of other workers. Others preferred not to divulge their names. The soldiers had deliberately warned them, one after another that they would suffer consequences if they not stop their union activities.

CASE DETAILS: (According to information from the Center for Trade Union and Human Rights, Inc. (CTUHR))
 
The continuing threats which soldiers are making against union leaders and workers of the International Wiring System (IWS), a firm located inside the Special Export Processing Zone in Hacienda Luisita, Tarlac City, began in June of 2008.

They soldiers involved were attached to the 71st Infantry Battalion (IB) of the Northern Luzon Command, (NOLCOM); and the 7th Infantry Division (ID) of the Philippine Army (PA). These are the military units deployed in areas where the victims are residing and working.

Of over 25 complaints that have been received from the workers, only four complainants, namely Dexter Datu, union president; Ramon Lopez, union executive vice-president; Bong Tiamzon, union officer; and Nino Caling, union board member, have decided to come out in the open to expose the plight  in which they find themselves.

According to Dexter, it was on 7 June 2008 at 5:30am when four men, riding in two blue motorcycles, came to his house in Barangay (village) Maligaya, Tarlac City. The men introduced themselves as soldiers. One of them deliberately said: "stop your activities if you love your family and if you still want to spend more time with them". They added "they won't stop pursuing them (workers)".

The soldiers also accused Dexter of "supporting the communists". To get the attention of Dexter's neighbors, one of them yelled: "This is Dexter Datu, who is using union funds to support the communists." Dexter described the one who yelled as about 50 years of age. He also noticed that one of this person's fingers was "crooked" or "curved".

In the middle of their discussion, another soldier had offered Dexter a mobile phone SIM card and instructed him to use it if he wished to call them, but he declined. The soldiers also claimed that they were holding some documents, the contents of which they did not elaborate upon. They made the observation that they were looking at him for a very long time.
 
Days before the soldiers came to Dexter's house he had already noticed a black motorcycle, without a plate number, frequently driving back and forth in front of his house.
 
Apart from Dexter, his other colleague, Ramon Lopez, the union executive vice president, had also experienced a similar incident. Ramon's wife, name withheld, relayed that on 2 June 2008 at 8:30am, two men arrived and knocked at her door in San Vicente Zone 1, Tarlac city.

They introduced their selves to as representatives from the Department of Labor and Employment (DoLE); one introduced himself as Alex Aguilar. At the time though, Mr. Lopez was not at home. It was his wife only who spoke to the two representatives.
 
Since the persons claimed that they were Ramon's friends, his wife allowed them inside the house thinking that they had good intentions. However, she later noticed that they were carrying guns. While inside the house, she said they asked her several questions about her husband.  They said that the funding of her husband's union was being used to support the communists.
 
When she asked for their identification, they were not able to produce any. Just before they left the house, one of them said: "If I were your husband, I would just concentrate on my job. You have many children… please tell your husband that we will come back".
 
Five days later, at around 6am, four soldiers came back and stationed themselves in front of Ramon's house. Ramon's wife asked who they were. Instead of replying to her question they told her once again: "If he (Ramon) still loves his family, he must stop his activities… they are using union funds for the CPP-NPA".
 
Also, on June 19, Nino Caling, the union's board member, said that two soldiers, who introduced themselves as Mendoza and Peralta, came to his house. At the time he was asked to accompany them to the house of the village chairperson.

He went with them, and at the chairperson's house, he met a certain Satur, who claimed he was attached to the intelligence Service of the Armed Forces of the Philippines (ISAFP). Two soldiers introduced themselves as Ambulencia and Mendoza. Ambulencia claimed that that the union had two treasurers--one works in the company and the other within the Communist Party of the Philippines--New People's Army (CPP-NPA).

In another incident, the soldiers went to the house of another union officer, Santos Asilo. Santos said that on July 9, at 9am, three soldiers came to his house, also in Tarlac city. Santos recalled that one of the soldiers introduced himself as James Palimlim, about 5 feet 7 inches tall; he was unable to recall the physical appearance of the other soldier.

Santos allowed the two to enter his house. At the start of their discussion, the soldiers spoke to him about workers' issues--for instance, taxes, the Social Security System (SSS) and the union's Collective Bargaining Agreement (CBA). The IWS's union is due to negotiate for their CBA in the coming months.
 
However, as they carried on with their discussion, the soldiers shifted the topic to "anti-insurgency". They told Santos that "(their) union was penetrated by leftist groups"; and that "the union should not ask for additional wages in (their) CBA" as it might result in the closure of their company.

Another union officer, Bong Tiamzon, also said that on August 2 at 3am, two men, who introduced themselves as Chris Cabrera and Santy, went to his house in Barangay San Manuel, of Tarlac city. He recalls that Chris' finger was "crooked" or "curved", a description similar to the person who met Dexter on June 7.
 
Like his colleagues, whom the soldiers had visited, they too had discussed various labor issues. They also claimed that "they have helped a lot of workers with their problems with SSS and taxes".
 
Bong was also asked "about the activities (that the union) conducted every May 1 (labour day), the union funds and the Php 70,000 (USD 1,478) that (they) had earned from selling scrap". He recalled that while they were talking, the soldiers took a video recording of him using his mobile phone.

When Bong asked why they were taking a video recording of him, he was told that they were obliged to because their "union is already penetrated by leftist groups".

Apart from being threatened and visited at their respective homes, the soldiers also frequently held public forums in different village halls. On these occasions they were carrying firearms and were wearing plain clothes. Although the topics in these forums were about labor issues, the soldiers took advantage of the situation. They criticized the IWS union's supposed "failure" to address workers' concerns, openly accusing it of having links with the CPP-NPA.

They held film showings and power point presentations, which both demonized unionists and activists. One was entitled: Knowing the Enemy. The workers were threatened that they would suffer consequences if they failed to attend any of the forums that were being held.

It is not the role of the soldiers to hold forums, in particular about the issues on labor. This is the domain of the labor department. In this case, the soldiers effectively undermined the union's activity and exposed them to unnecessary danger on the pretext that they were supporting the communists. Family security has also been severely compromised.

The union leaders, workers and their respective families have been experiencing debilitating fear because of the soldiers continuing threats. The unionists are particularly concerned that something bad would happen to workers and families respectively, if they refused to refrain from their union activities.
 
As mentioned earlier, the CTUHR had also received more than 25 complaints and sworn statements from workers with similar accounts.  The names and details of other incidents were withheld upon the victims request to protect their safety and security.

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting their immediate intervention in having these allegations against the soldiers investigated. They must be held accountable for continuously threatening union leaders and workers. The union leaders and workers, targets of such threats, must be afforded all necessary arrangements to promptly ensure their safety and security.

The AHRC has also written letters to the Special Rapporteur for human rights defenders and on extra-judicial, summary, or arbitrary executions calling for intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

PHILIPPINES: Soldiers allegedly threaten union leaders and workers to stop their union activities

Name of victims:
1. Dexter Datu, union president
2. Ramon Lopez, union executive vice-president
3. Bong Tiamzon, union officer
4. Nino Caling, union board member
There were 25 other complainants who opted, for the time being, to have their names withheld for security reasons. They are all attached to the International Wiring System (IWS), a firm located inside the Special Export Processing Zone (SEPZ) in Hacienda Luisita, Tarlac City.
Name of alleged perpetrators: Alex Aguilar, Mendoza, Peralta, Ambulencia, James Palimlim, Chris Cabrera, Santy; all of whom were attached to the 71st Infantry Battalion (IB) of the Northern Luzon Command, (NOLCOM); and the 7th Infantry Division (ID) of the Philippine Army (PA); and Satur, who claimed he was attached to the intelligence Service of the Armed Forces of the Philippines (ISAFP)

I am writing to express my grave concern to allegations that soldiers are continuously threatening and harassing union leaders and workers, whose names are mentioned above, in separate incidents which began in June of 2008.

It is shocking that the soldiers, who introduced themselves to the victims, have deliberately and systematically, and unlawfully, threatened them by intervening in their activities. They wanted to stop the union from freely conducting its business on the pretext that they support the communist party.

The soldiers have visited each of the union leaders' houses on separate occasions. They purposely warned that they and their families would suffer consequences should they not stop in performing their union activities. There have also been incidents in which unidentified men riding on motorcycles have overtly spied on the union leaders, in particular on Dexter's house.

Not only union leaders have been targeted with these threats. There were over 25 other workers who complained of similar incidents; however, they opted to have their names withheld for their own safety and security. This number illustrates that these union leaders and workers have been systematically targeted to prevent them from freely going about their union activities and freely associating.

For soldiers to overtly spy on, summon workers for an inquiry (on pretext they had been infiltrated by communists) or to subject them to questioning--all without legal counsel is completely unacceptable. Not only do the soldiers lack lawful authority, the actions they have taken have needlessly exposed these union leaders and workers to unnecessary danger.

As you are aware, there have been targeted attacks and extrajudicial killings of union leaders and activists who had been labeled as supporters of the communists. These allegations against union leaders have either not been filed or proven in court. Yet, this labeling has made them into legitimate targets. If it should happen that they are extra judicially killed it becomes justified.

I therefore urge you to have these allegations against the soldiers effectively and thoroughly investigated. Those involved must be identified and they must be held to account for their unlawful actions. The union leaders and workers subjected to these continuing threats should also be afforded with necessary arrangements for their protection and security as well as their respective families.

To protect the life and security of these union leaders and workers is of the utmost importance and priority.

Yours sincerely,

----
PLEASE SEND YOUR LETTERS 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. Ms. Leila De Lima
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: chr.delima@yahoo.com or mtm_rodulfo@yahoo.com 

3. Deputy Director General Jesus A. Verzosa
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: raulgonzalez_doj@yahoo.com

5. Lt. Gen. Alexander Yano
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-228-2008
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.