UPDATE (Philippines): Violent attacks on striking workers; police allegedly refused to register and investigate

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-087-2007
ISSUES: Judicial system, Labour rights, Rule of law,

Dear friends,

The Asian Human Rights commission (AHRC) deeply regrets to inform you that the workers of a Korean-owned garment factory, who had been on strike for nine months, were violently attacked by armed men while peacefully holding a picket line in front of their factory on 10-11 June 2007. The attackers, carrying bladed weapons and firearms, forcibly dismantled the makeshift tents and injured seven workers inside the Cavite Export Processing Zone (CEPZ) in Rosario, Cavite. They also allegedly threatened to kill the workers if they refused to halt their strike. However, the police have refused to either register the complaint or investigate when the workers asked for their assistance.

UPDATED INFORMATION:

According to the information from Workers’ Assistance Center, Inc. (WAC), a labour group based in Cavite, the workers were violent attacked when they were securing their picket line in front of their factory, C. Woo Trading, Inc. The workers had been on strike for nine months following the company’s continued refusal to commence the Collective Bargaining Agreement (CBA), which contains the workers’ demands for increased wage, benefits and improved working condition. The company, whose former name was Chong Won Fashion Inc. (CWFI), supplies apparel products for Wal-Mart, a US based retail firm.

At around 8:30pm on 10 June 2007, nine men, armed with crowbars and knives arrived at the picket line in a white van. The vehicle bore license plate number of UVD-390 and had the words Rapid Air Freight, on the side. Upon their arrival, they reportedly held the workers at knifepoint while their companions forcibly dismantled the makeshift tents. They threw out all the personal belongings and food stocks of the workers on the street, and broke the drinking water bottles. It is reported that before they left, the attackers threatened that the workers would be killed if they refused to abandon their strike.

Seven hours later on June 11, another 20 men wearing balaclavas, camouflage pants and armed with M-16 assault rifles, arrived in three separate vehicles. The vehicles had their license plate numbers covered. They started rounding up the workers one by one at the corner of their vehicles. It is alleged that the attackers ordered them to lie down face to the ground with M-16 rifles pointed at their heads. Florencia Arevalo, secretary of their union Nagkakaisang Manggagawa sa Chong Won (United Workers in Chong Won), was kicked on the back. One of the attackers repeatedly pulled her hair. The union’s president, Resurreccion Ravelo, was also injured during the incident.

The attackers completely destroyed the workers’ makeshift tents and took every material into their vehicles. When the incident took place, the attackers reportedly claimed to have been allegedly hired by the company for P2,000,000 (USD 43,549) to carry out the attack. It is alleged that the two million is the latest offer the company had allegedly given this year. The previous payoffs were; P50,000 (USD 1,088) to ensure a favorable decision from labor officials to cancel the union’s registration and P300,000 (USD 6,531) to declare their strike as illegal.

It is suspected that the second attack could have been done by the elements of Philippine Economic Zone Authority (PEZA) police, by military and policemen hired by their company. The compound where the incident took place is supposed to be highly secured and only those authorized persons are supposed to be admitted, and allowed to carry high-powered firearms inside.

When the workers sought the assistance of PEZA police, they were allegedly told that the police could neither assist them nor conduct investigation because the following day, June 11, was a public holiday. The office of the Rosario Municipal Station Office (RMPO) has likewise declined to give any assistance claiming that they no longer have jurisdiction inside the compound. But strangely in the past, they have in fact been involved in carrying out violent dispersal of workers inside the CEPZ.

The RMPO’s Deputy Chief of Police, Senior Inspector Jonathan Genetiano, nevertheless defended their refusal to intervene arguing that the vicinity of PEZA is no longer their jurisdiction. But when the workers requested to have their complaints, at least, registered in the police blotter, investigators Senior Police Officer 3 (SP03) Philip Gomez and Polcie Officer 1 (P01) Eric Pureza refused to do so.

After the attack, it is reported the C. Woo Trading Corporation and the PEZA police immediately set up two checkpoints again to prevent the workers on strike from reentering their picket line and from reconstructing their demolished makeshift tents. The workers therefore strongly suspect that such actions indicated the attacks on them could have been well planned and PEZA could be behind it.

BACKGROUND INFORMATION:

The AHRC had in the past issued appeals regarding frequent violent attacks by policemen and security guards on the workers in the CEPZ in Rosario, Cavite. It can be recalled that when workers of the Chong Won Fashion Inc. (now C. Woo Trading, Inc.) declared a strike on 25 September 2006, a confrontation took place injuring many workers. Please see for further details: UA-314-2006. The confrontation erupted when the PEZA police and security guards forced to let the scab workers in, which is supposedly illegal during strike.

The PEZA police and security had also figured in many occasions of violently dispersing the workers of the same Chong Won Fashion Inc. The authorities arbitrarily nullified the worker’s ID card that gives them permission to enter the CEPZ compound; thereby effectively denying them entry into their picket line. At the height of the strike, the workers were denied entry of food rations at the picket line. Please read for further details: UP-185-2006. They also tightened the security by putting up checkpoints and denying entry of some workers.

The PEZA police, the local police office and security guard have likewise resorted on filing arbitrary charges against the workers in court; one of them is libel. While the prosecutor at the Municipal Court in Rosario, Cavite, allowed receiving complaint by the police, the workers were denied of such. The workers, however, had to submit the criminal complaint of grave threats, physical assaults, amongst others, against the policemen and guards in another court branch.

The local police have also arbitrarily detained and charged several workers who are sympathetic to the workers on strike over on 28 September 2006. They were arrested for aiding the workers, one is for giving them food rations. Please read for further details: UA-325-2006. The police tried to charge them with inciting to sedition, but the prosecutor rejected it. The workers nevertheless were released from detention on October 4. Please read for further details: UP-195-2006.

Despite the excessive violations committed against the workers, there is no known substantial progress since. The perpetrators of the previous attacks, including the recent one, have not been held to account. The complaint against them by the workers is dragging in court. The labour dispute likewise had no substantial progress and the worker’s demands are not yet met. Some of the policemen, security guards and PEZA policemen involved in previous attacks, have also remain in active in service in the same unit and are yet to be held to account.

SUGGESTED ACTION:
Please write letters to authorities below, in particular the police, requesting for a credible investigation into the latest attacks against the workers. The local police’ refusal to investigate and register the complaint must also be look into. The policemen involved must be held accountable. The authorities must likewise ensure that the continuing labour dispute is resolved without further delay, and to prevent similar violence from taking place.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

PHILIPPINES: Violent attacks of workers on strike; police allegedly refused to investigate and register complaint

Names of injured victims: 
1. Resurreccion Ravelo, president of Nagkakaisang Manggagawa sa Chong Won (United Workers in Chong Won)
2. Florencia Arevalo, the union’s secretary
3. Several others workers present during the incident
Alleged perpetrators: Unidentified men armed with knives and guns
Place of incident: In front of the C. Woo Trading, Inc. (formerly Chong Won Fashion, Inc.), inside the Cavite Export Processing Zone (CEPZ) in Rosario, Cavite
Date of incident: 10 to 11 June 2007

I am writing to voice my grave concern over yet another attack against the workers on strike inside the Cavite Export Processing Zone (CEPZ) on 10 to 11 June 2007. The attackers, armed with bladed weapons and guns, violently attack the workers, who had been on strike for nine months, within hours of each other. They workers were allegedly held at knifepoint and their makeshift tents were forcibly destroyed. They too were warned that they would be killed if they continue the strike.

Seven of the workers, all are members of the Nagkakaisang Manggagawa sa Chong Won (United Workers in Chong Won), were reportedly injured. Two of them, namely Resurreccion Ravelo and Florencia Arevalo, are the union’s president and secretary respectively. They suffered injuries when they fought it out with the attackers. Their company is Korean-owned supplying apparel products for US based retail store, Wal-Mart.

The first attack took place around 8:30pm on June 10 by attackers carrying bladed weapons. At around 3:30am of the following day, the armed men wearing balaclavas once again attacked the workers. The workers were rounded up and ordered to face to the ground with the attackers’ guns pointed at the worker’s heads. They have likewise thrown out the food stocks, drinking water and personal belongings of the workers into the ground before they left.

I have learned though the workers went to the Rosario Municipal Police Station (RMPS) asking for help, the latter allegedly refused to intervene. They also refused to investigate and register their complaint. According to the police’ deputy chief, Senior Inspector Jonathan Genetiano, they could not intervene for lack of jurisdiction over the compound. They, however, were unable to give sufficient explanation as to why they could not register the complaint. In effect, no investigation was conducted and the attackers were never pursued–which is unacceptable.

I therefore urge you to ensure that a credible investigation in conducted in this case without delay. The policemen responsible of refusing to investigate and registering the complaint must be held accountable. The authorities must also exhaust all means to identify, arrest and prosecute those responsible in attacking the workers. Allegations of the possible involvement by the company into the attack must likewise be look into.

I am extremely appalled by this yet another incident and the police’ inaction to immediately intervene. I am aware that the same police unit had been involved in violently dispersing workers on strike inside the CEPZ; therefore, I fail to comprehend why they justified their inaction over lack of jurisdiction. The mere refusal to register the complaint of victims, who had to endure extreme trauma and fear, is completely unacceptable. It did not only arbitrarily deny its citizens right to get redress but contrary to the police’s roles and duties. I completely reject this; which in effect resulted to the non-investigation of the case.

I am aware that this not the first time where local policemen, security guards and Philippine Economic Zone Authority (PEZA) police had been involved and accused of inaction and using excessive force against the workers on strike. I am completely disappointed, however, that despite numerous complaints against them and for committing similar acts, they have not been held to account. The lack of accountability is so rife that policemen, security guards and PEZA police are able to commit such acts over and over again without being held accountable.

Finally, I urge you to once again use you authority to ensure that the labour dispute is resolved without further delay. The workers union’s demand for increased salary, benefits and improved working conditions must be resolve by concerned authorities, in particular the Department of Labour and Employment (Dole), without delay. I am completely disappointed of the government’s failure to adequately address this by promptly resolving the dispute.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com

2. 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

3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614

4. Dr. 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@yahoo.com

5. Mr. Emilio Gonzalez
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
Email: omb1@ombudsman.gov.ph

6. 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

7. Mr. Arturo D. Brion
Secretary
Department of Labor and Employment (Dole)
7/F DOLE Building, Intramuros
Manila NCR 1002
PHILIPPINES
Tel No: +63 2 527 2131
Email: sec_art_brion@yahoo.com.ph

8. Mr. John Ruggie
Special Representative of the SG on human rights 
and transnational corporations and other business enterprises
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE OF THE SG ON HUMAN RIGHTS AND TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES)

Thank you.

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

Document Type : Urgent Appeal Update
Document ID : UP-087-2007
Countries : Philippines,
Issues : Judicial system, Labour rights, Rule of law,