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PHILIPPINES: Three workers injured in a violent dispersal in Rosario, Cavite

April 5, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

6 April 2006
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UA-115-2006: PHILIPPINES: Three workers injured in a violent dispersal in Rosario, Cavite

PHILIPPINES: Torture; unfair labour practices; violence against women; excessive use of force in dispersal of protest; denial of medical treatment; arbitrary use of authority by police; possible delay in adjudication of cases
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about a violent dispersal of workers protesting inside the Cavite Export Processing Zone (CEPZ) in Rosario, Cavite on 5 and 21 January 2006. Three workers, namely Imelda Nuyda (37), Danilo Reduta and Maritess Gaudier (36) were beaten and injured. Gaudier was three-months pregnant at the time but had a miscarriage days after the January 21 incident.

According to the Workers’ Assistance Center Inc. (WAC), a non-governmental labour organisation, the victims are regular employees of the Chunji International Philippines Inc. (CIPI), a Korean-owned garment factory which already closed its business. The CIPI owns a factory inside the CEPZ, a government-owned economic zone. The workers are now holding a protest in front of the factory to demand for the payment of their separation pays and unpaid benefits following their violent dispersal by the policemen and security guards.

In an affidavit written in Tagalog signed by Guadier on 20 February 2006, she wrote that on January 21 at 7:30am, she and her fellow workers were having a sit-in protest at their picket. Several security guards from Jantro Security Agency and policemen attached to the Philippine Economic Zone Authority (PEZA) arrived in their service vehicles. At least 80 guards and four PEZA police officers were deployed. The PEZA police are an independent police force attached to PEZA; government-controlled corporations in charge in the operation of economic zones.

It is reported that Major Edgardo Pulay, the officer-in-charge of PEZA police, ordered his men and the security guards to break into the workers’ picket line. The workers tried holding each other’s arms tightly to deter the guards and the police but failed. The guards and policemen forcibly broke into their line by pushing them hard using their clubs and shields. Others were forcibly pulled out from the picket line.

Gaudier fell to the ground when she was pushed. She was thereafter forcibly dragged out by two security guards from the picket line. Days after the incident, Gaudier felt weak and began to bleed. This continued for five days until she had a miscarriage.

At around 5:30pm that day, another worker Danilo Reduta was brutally beaten by the security guards. Reduta was chased upon following a confrontation with the security guards and policemen who tried to hit him with clubs. When he fell to the ground, the guards caught him and sprayed teargas on him. Three other guards brutally beat him hard with clubs and sticks. A number of guards proceeded to repeatedly beat and punch him further. Reduta’s companions finally took him to prevent the security guards from beating him further. In his affidavit written in Tagalog, Reduta wrote that he could neither walk nor stand following the beating.

Prior to the incident, on January 5, the same police and security forces also violently dispersed the workers who were holding a protest at the same factory. It is reported that Imelda Nuyda was together with at least 50 workers when they held a picket in front of the factory. They blocked the factory’s gate to prevent the company from taking out its properties until their demands for payment of separation pays and unpaid benefits of 100 workers were settled.

In her affidavit signed on February 20, Nuyda wrote at least 40 security guards and five PEZA police headed by Colonel Emiliano Pestio arrived at their picket line in their service vehicles. All of them were armed with clubs. While they were at their picket, teargas was suddenly thrown at them. The workers were forcibly pushed away from the gate while the others were pulled from the picket.  Nuyda fell to the ground. She had her leg pinned into the gate and was injured when the gate was forcibly opened. She suffered wounds and bruises to both of her legs and is now finding it difficult to walk.

On February 21, the victims filed charges of slight physical injuries and maltreatment, less serious physical injury and unintentional abortion against the security guards and the PEZA police before the Office of the Provincial Prosecutor in Imus, Cavite. The complaint, however, has yet to be resolved by the prosecutor’s. Even though charges have already been filed in court against the PEZA police involved, they have not met with immediate sanctions or preventive suspension.

The victims, in particular Gaudier, have also not been afforded with any appropriate medical assistance or treatment.

It is also reported that the Municipal Police Station in Rosario, Cavite has not conducted a separate investigation due to constraints of jurisdiction. Under Section 17 of the Republic Act 7916, which defines the authority and mandate of the PEZA, the director general and the CEPZ administrator “have the power to inquire into the conduct of firms or employees”. The economic zones managed by PEZA, including CEPZ, are allowed to regulate their own “security force” with a certain level of autonomy as provided for by Section 9 of the said Act.

There are concerns that Section 9 and 17 of the said Act, specific to PEZA’s authority over control and regulation of security, conduct of investigation and processing of complaints against their personnel, is undermining the process of seeking remedies and redress for victims of violations by PEZA personnel. This situation is making possibilities for redress for victims difficult.

SUGGESTED ACTION:
Please write letters to the concerned government agencies below requesting for an independent and impartial investigation in this case. The security guards of Jantro Security Agency and the PEZA police must answer to the allegations made against them. Immediate sanctions and restriction must also be imposed on them. Appropriate sanctions must also be imposed upon the security guards. The PEZA must also recommend the filing of criminal and administrative charges if the investigation reveals probable cause.

Additionally, the Provincial Prosecutor’s Office in Imus, Cavite must resolve without delay the complaint filed by the victims. It must recommend for indictment if the investigation reveals probable cause. The regional office of the Commission on Human Rights (CHR IV) must also intervene in this case. The CHR must inquire into the manner in which the PEZA police and security guards dispersed the protest inside the economic zones. The CEPZ and PEZA authorities must be held liable if found to have tolerated these acts or failed to take action to the abuses by their personnel.

The CHR must consider recommending for the review of the provision of the RA 7916, which defines the authorities of the PEZA, in particular on Sections 9 and 17. If indeed there are provisions which undermines the worker’s rights--to peaceful assembly and freedom of expression--it must recommend for an amendment to it before the House of Representatives and the Senate. They must ensure to recommend for implementation of an effective complaint mechanism for abuses by PEZA personnel.


Suggested letter:

Dear __________,

Three workers injured in a violent dispersal in Rosario, Cavite

Case 1
Name of victim:
Imelda Nuyda (37), G. P. Santillan, Barangay (village) Biwas, Tanza, Cavite
Name of alleged perpetrators: Around 40 security guards of Jantro Security Agency and five policemen from the Philippine Economic Zone Authority (PEZA) headed by Colonel Emiliano Pestio
Date and time of incident: 5 January 2006 between 5 and 6pm
Place of incident: In front of the Chunji International Philippines Inc. (CIPI) in Rosario, Cavite

Case 2
Names of victims:
1. Maritess Gaudier (36), a resident of 219 Capt. Sarino Street, Mabolo, Bacoor, Cavite
2. Danilo Reduta, a resident of Block 9, Lot 32, Metroland Terraces Subdivision, Barangay De Ocampo, Trece Martirez City, Cavite
Name of alleged perpetrators: At least 80 to 100 security guards from Jantro Security Agency and 10 PEZA police headed by Major Edgardo Pulay
Date and time of incident: 21 January 2006 at 7:30am and 5:30pm respectively
Place of incident: In front of Chunji International Philippines Inc. (CIPI) in Rosario, Cavite

It has come to my attention that three persons were injured, one of whom had a miscarriage following a violent dispersal by security guards and policemen inside the Cavite Export Processing Zone (CEPZ) in separate incidents on 5 and 21 January 2006. I have learned that the victims were holding a picket to demand for their separation pays and unpaid benefits when violently dispersed by the security guards and PEZA police. They are former employees of the Chunji International Philippines Inc. (CIPI), a Korean-owned garment factory which closed its business last year.

According to the information I have received, on January 5, victim Imelda Nuyda, suffered injuries to her legs following the violent dispersal. Nuyda was together with 50 workers at the picket line when some 40 security guards from Jantro Security Agency and five policemen attached to the Philippine Economic Zone Authority (PEZA) arrived in the area. The PEZA police are headed by Colonel Emiliano Pestio. I am aware that a commotion took place after a guard or policeman threw teargas at the picket line. The security guards and PEZA police thereafter started pushing the protestors and forcibly broke through their picket.

On January 21, two other workers, namely Maritess Gaudier and Danilo Reduta were also injured following a violent dispersal in a separate incident. At around 7:30am, some 80 security guards of the same agency and four PEZA police led by Major Edgardo Pulay dispersed a group that Gaudier was in. Several workers were present at the picket when the security guards started pushing them by their clubs and shields. Gaudier fell to the ground and was dragged out of the picket by two security guards. Gaudier was three months pregnant at the time. After the incident, she felt weak and began bleeding. After five days Gaudier had a miscarriage.

At around 5:30pm that day, Reduta was brutally beaten by the security guards following a confrontation with them when they tried to hit him with clubs. Reduta was beaten with clubs and sticks by several security guards. His companions were finally able to take him from the security guards to prevent them from beating him further. He suffered various injuries to his body and could not stand or walk following the incident.

I am extremely shocked by the manner in which the PEZA police and the security guards assigned within the CEPZ are dealing with workers holding protests. To violently disperse peaceful assemblies of workers to express their grievances is completely unacceptable. I urge you to ensure that an impartial and independent investigation into the allegations of the victims against the security guards and PEZA police is conducted.

The PEZA director general lawyer Lilia De Lima must consider imposing immediate sanctions and preventive suspension on the PEZA police involved. Likewise, those private security guards involved must be suspended from their employment with CEPZ until the investigation is completed. It is necessary that the performance of the security guards is adequately reviewed to establish if indeed they are abusing their authority. I am deeply concerned by the alleged inaction on the part of the PEZA to look into the allegations against the PEZA police.

I am aware that criminal cases have already been filed against the security guards and PEZA police at the Provincial Prosecutor’s Office (PPO) in Imus, Cavite. However, I am deeply concerned for the possible delay in resolving this complaint. Promptness and speedy disposition is essential in this case. Once the complaint is resolved, the prosecutor must recommend for indictment if the investigation reveals a probable cause. I urge you to use your authority to request the prosecutor’s office to take appropriate action on this matter.

The victims must be reimbursed their medical expenses. Owing to her miscarriage, Gaudier must be afforded with adequate follow-up medical attention if her condition requires. The two other victims, Nuyda and Reduta must also be afforded with necessary medical attention.

I urge the regional office of the Commission on Human Rights (CHR) to intervene in this case. The CHR must investigate into the manner by which the security guards and the PEZA police are dealing with the dispersal of protests inside the CEPZ. If allegations against the police and the guards are found to be true, the CHR must recommend for the filing of appropriate criminal and administrative charges against them.

I also urge the CHR to review Section 9 and 17 of the Republic Act 7916, which defines the authority and power of the PEZA on matters of security and investigations before the legislative body. If these sections of the Act are vulnerable to abuses and thereby make it difficult for victims to seek remedies and redress, the CHR must consider recommending for its amendment in Congress and Senate. It must be ensured that the rights of workers to peaceful assembly and freedom of expression is protected.

I look forward to your intervention in this case.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Atty. Lilia B. de Lima
Director General
Philippine Economic Zone Authority (PEZA)
Roxas Boulevard corner San Luis Street
Pasay City
PHILIPPINES
Tel No: +63 2 551 3432 / 3454 / 3455
Fax No: +63 2 551 3449 /+63 2 891 6380
Email: dglbl@peza.gov.ph

2. Mr. Peter Favila
Secretary
Department of Trade and Industry
4/F BOI Building
385 Sen. Gil J. Puyat Avenue
Makati
PHILIPPINES
Fax: +63 2 896 1166
Tel:+63 2 899 7450

3. Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No. +63 2 929 9010 / 9436
Fax No. +63 2 927 6810 / 926 2878

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

5. 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

6. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org

7. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
E-mail: scronin@ohchr.org


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-115-2006
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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.