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PHILIPPINES: Labour leader missing in San Ildefonso, Bulacan

March 8, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

8 March 2006
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UA-087-2006: PHILIPPINES: Labour leader missing in San Ildefonso, Bulacan

PHILIPPINES: Disappearance; repeated harassment and intimidation by military; violation of labour rights
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Center for Trade Union and Human Rights (CTUHR), a labour and human rights organisation based in Quezon City, detailing the disappearance of labour leader, Rogelio Concepcion on 6 March 2006. Concepcion’s family fears that he could have been abducted by elements of the 24th Infantry Battalion of the Philippine Army.

Concepcion is the officer-in-charge of the Solid Development Corporation Workers Association (SDCWA), a labour union in Barangay (village) Mataas na Parang, San Ildefonso, Bulacan. His wife Marissa is extremely worried that he has not returned home. Marissa reportedly spotted a van with suspicious movement parked near their house on the afternoon of March 6. The van stayed until late that evening. Concepcion' s family and co-workers believe the military could be responsible for his disappearance. The elements of the 24th IB fall under the 7th Infantry Division (ID) headed by Major Gen. Jovito Palparan.

Prior to the incident, it is reported that on November 2005, elements of the 24th Infantry Battalion (IB) entered the factory of the Solid Development Corporation, a thread manufacturing company, and conducted a "military census" amongst the workers. As of now the military are still stationed within the Solid Development Compound.

Concepcion and his colleague, Ador Vasalio, were reportedly to have been being spied on by the military. Their houses are reportedly being watched. Vasalio was the former president of SDCWA. The Kilusan ng Manggagawa sa Bulacan (KMB), a labour organisation, reported that Vasalio was being hunted by the military over suspicions that he could be a member of a rebel group.

Concepcion had been deeply involved with their union’s struggle. On May 2005, the union of the SDCWA staged a strike because of the management's refusal to recognise their union despite a Department of Labor and Employment’s (DOLE) decision declaring their union as the sole and exclusive bargaining agent.

Concepcion’s disappearance is yet another instance of harassment and intimidation allegedly perpetrated by elements of the 24th Infantry Battalion (IB). In November 2005, another labour leader, Enrico Estarez, went into hiding for fear of his life after being threatened and harassed by the said military unit. Three of Estarez’ companions were also reported to have been tortured by the military. Please visit our previous appeal for details on this case: UA-030-2006.

SUGGESTED ACTION:

Please write letters to the government agencies listed below requesting for an immediate and impartial investigation into Rogelio Concepcion’s disappearance. The elements of the 24 Infantry Battalion (IB) must be placed under investigation to answer to the allegations made against them. The concerned authorities, in particular the Commission on Human Rights (CHR) and the Philippine National Police (PNP) must take effective steps to hold this military unit accountable for their alleged arbitrary use of authority.

Suggested letter:


Dear__________,

PHILIPPINES: Labour leader missing in San Ildefonso, Bulacan

Name of victim: Rogelio Concepcion (36), officer-in-charge of Solid Development Corporation Workers Association (SDCWA), a labour union in Barangay (village) Mataas na Parang, San Ildefonso, Bulacan
Name of alleged perpetrators: Elements of the 24th Infantry Battalion of the Philippine Army
Date of incident: 6 March 2006 to present

It has come to my attention that labour leader, Rogelio Concepcion has been missing since 6 March 2006. Concepcion’s wife Marissa suspects that he could have been abducted and forcibly disappeared by the military. It is reported that the day Concepcion went missing, there was a van parked in front of his house. The victim failed to come home after his usual working hours from the factory where he is working.

I have learned that prior to the incident, elements of the 24th Infantry Battalion (IB), Philippine Army, were reportedly spying on Concepcion. Concepcion’s colleague, Ador Vasalio had also been spied on. The military are reportedly spying on Vasalio and other leaders over allegations that they could be involved in a rebel movement; an allegation they strongly deny.

I am also aware that in November 2005, elements of the 24th IB conducted a “military census” amongst workers of Solid Development Corporation, a thread producing company. It is reported that since then, Concepcion has been reportedly subjected to surveillance by the said military unit, including having his house monitored.

I am aware that this is yet another instance of alleged arbitrary use of power by the said military unit. Also in November 2005, another labour leader, Enrico Estarez, went into hiding for fear of his life after receiving threats. Estarez and his family were threatened and harassed allegedly by elements of the 24th IB. It is also reported that three of Estarez’s companions were tortured in separate incidents.

I am extremely disappointed and shocked by this and other instances of the arbitrary use of authority by the said military. I urge your immediate intervention to ensure that a thorough and impartial investigation be conducted into Concepcion’s disappearance. The concerned authorities must exert all means to locate Concepcion’s whereabouts. The elements of the 24th IB must be placed under investigation to answer to the allegations made against them.

Furthermore, I urge you to use your authority to impose immediate sanctions and disciplinary action against the military unit concerned. They must be suspended to ensure the impartiality of the investigation once it commences. They must also be held accountable for any violations they have committed. Appropriate charges must be filed against them if the allegations are found to be true.

I trust that you will take immediate action in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. 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

2. Mr. Orlando Casimiro
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman (1104)
Quezon City
PHILIPPINES
Tel: +632 926 9032
Fax: +63 2 926 8747

3. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

4. Gen. Generoso Senga
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen Emilio Aguinaldo
Quezon City
PHILIPPINES

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

6. Mr. Diego Garcia-Sayan,
Chairperson
UN Working Group on Enforced or Involuntary Disappearances
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
E-mail: urgent-action@ohchr.org

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-087-2006
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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.