UPDATE (Philippines): Two female striking workers allegedly kidnapped and dumped to a canal in Cavite

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-109-2007
ISSUES: Enforced disappearances and abductions, Labour rights, Violence against women, Women's rights,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding another attack to workers on strike in Rosario, Cavite on 6 August 2007. The attackers forcibly abducted two female workers and dumped them into a canal. The AHRC is gravely concerned about ongoing attacks to the workers on strike in the Cavite area due to the lack of investigation by the police. Even though the AHRC has earlier reported similar cases the police have continuously failed to arrest those responsible for attacking the workers to deter them from their labour rights.

UPDATED INFORMATION: (Based on the testimony from the victims)

At early dawn on 6 August 2007, Ms. Aurora Afable (42) and Ms. Normelita Galon (39) were sleeping at their temporary tent in front of the garment factory in which they were working, Phils. Jeon Garments, Inc (PJGI). They were awakened by some noise and realized that at around ten unidentified men, hooded with balaclavas had arrived at the place. Soon after, the two ladies had their faces forcibly covered with towels and were blindfolded. Their hands and feet were tied with adhesive tape. Ms. Galon could hardly breathe due to the towels but managed to push her tongue out a bit to get some air.

While they were seated at a corner, they heard the noise of the attackers dismantling their tent. After doing so the attackers took the debris of the tent and the victim’s personal belongings to their vehicle. Afterwards the victims were also taken into the vehicle. Some of their belongings were left as there was not enough room.

According to the victims’ testimony, after traveling for several minutes, the vehicle stopped. The victims noticed that the debris and their belongings placed in the back were thrown out on to the roadside. The attackers then moved the victims to the back of the vehicle. Then they proceeded again for some minutes. While inside, the attackers purposely put their body’s weight heavily on the two victims making it difficult for them to breathe. While being moving, Ms. Galon’s head was injured after hitting some metal object inside the vehicle.

When Ms. Afable told the attackers she could not breathe, the attackers told her they had just passed a guardhouse. Then they further said, “Huwag kayong mag-alala, doon namin kayo ibababa sa makikita kayo kaagad (Don’t worry, we’ll take you to a place where you could be seen easily). The two ladies later realised that the vehicle was able to pass through the checkpoints of the compound of the Cavite Export Processing Zone (Cepz) without being checked.

Some minutes later, the vehicle stopped once again. The perpetrators first got Ms. Galon outside the vehicle. While being carried, Ms. Galon pleaded to the two persons carrying her not to dump her into a river. Ms. Galon later heard voices saying: “Double time, double time may paparating na dalawang sasakyan” (Hurry, two vehicles are coming). They were about to carry the other victim, Ms. Afable, outside of the vehicle when the two passing vehicles had just passed. Out of haste they had her thrown into a canal before they hurriedly left.

When the perpetrators left, Ms. Galon and Ms. Afable struggled to remove their blindfolds and the adhesive tape that bound their hands and feet. They were able to do so and then they realized that they had been dumped in a canal near a gasoline station in the area of Bacao in another municipality. The place is several minutes far from the Cepz.

They immediately went to their friends’ house nearby. It was around 1:00am, August 6 when they reached the house. They were able to contact their other colleagues who accompanied them to the municipality of Rosario to report the incident to the municipal police. They worried that if a report of the incident has been submitted before that of the victims, the police would start their investigation based on the first report of the incident. They were also concerned that if they did not go to a police station as soon as the incident happened, the police would not take it seriously and suggest that the complainant had fabricated this incident.

The police officer on duty of the municipal police told that them that they had no jurisdiction over the incident and that the victims should report it to the Philippine Economic Zone Police (Peza) police. After negotiation, the police recorded the complaint but they refused to give a copy of the report to the victims. The police further told them to lodge a complaint to the Peza police and get a copy from that police station.

At around 5:00am, the victims and their colleagues went to the Peza police inside the Cepz. After they arrived at the said office, a police officer wearing civilian clothes met them. When they told him they wanted to register a complaint, the police officer told them to wait for his colleague in charge of registering complaint, since he was doing his morning exercise at the time. However, there was no sign of his colleague and the victims filed a report with the officer when he returned form his exercise at 6:00am.

Before going home the victims went back to the place where they were dumped in an effort to locate their belongings that the attackers had earlier thrown out. While searching they found some of the items at the back of a nearby factory. But two cameras, mobile phone, pair of jeans, bedding and cash totaling Php 1,800 (USD 40) were gone.

BACKGROUND OF THE CASE:

This is yet another incident where attacks by unidentified men were carried against the striking workers inside the Cepz.

As described in our previous appeals (UP-087-2007), workers on strike of another garment factory, C. Woo. Trading (formerly Chong Won Fashion, Inc.), were also violently attacked by unidentified men on 10 and 11 June 2007. The attackers were allegedly carrying firearms, bladed weapons and hooded with balaclavas. Due to frequent violent attacks the workers eventually were forced to abandon their strike.

On September 2006, workers from Phils. Jeon Garments, Inc. and Chong Won Fashion, Inc. simultaneously went on strike when their companies refused to begin negotiation for their collective bargaining agreement (CBA). The CBA contains proposals by the workers labour union for the improvement of salary scale, benefits and better working condition.

For details of this labour dispute, please see: Phils. Jeon Garments, Inc.

Despite several occasions of violent attacks, no credible investigation has so far been conducted into these incidents. The perpetrators have not been identified as a result of the police failure to effectively investigate to eventually prosecute them. They likewise repeatedly failed to ensure the safety of the striking workers as they peacefully exercise their freedom to assembly.

SUGGESTED ACTION:
Please write letters to the concerned authorities below requesting them to effectively investigate the case. It should ensure that the perpetrators are identified and held accountable for their acts.

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

SAMPLE LETTER

Dear _________,

PHILIPPINES: Two female striking workers allegedly kidnapped and dumped to a canal in Cavite

Name of the victims:
1. Ms. Aurora Afable, 42 years old, living in A.C Mercado Street, Barangay (village) Wawa II, Rosario, Cavite
2. Ms. Normelita Galon, 39 years old, living in No. 55 Corregidor Street, General Trias
Alleged perpetrators: At about ten unidentified men
Date of incident: Early dawn on 6 August 2007
Place of incident: In front of Phils. Jeon Garments, Inc. factory located inside the Cavite Export Processing Zone (Cepz) in Rosario, Cavite

I am writing to express my grave concern regarding yet another attack on striking workers in Cavite Export Processing Zone (Capz) in Rosario, Cavite. I have learned that early dawn on 6 August 2007 striking workers Aurora Afable and Normelita Galon were forcibly abducted by unidentified men at their picket line. The attackers were hooded with balaclavas. They had the strikers’ makeshift tents completely dismantled before leaving. They also took some of the tent’s debris and the victims’ belongings.

The attack took place in front of Phils. Jeon Garments, Inc. factory where the workers were working. Before leaving the place, the attackers had forcibly tied the two victims’ hands and feet with adhesive tapes. They also had them blindfolded. One of the victims, Galon, recounted that she had struggle hard breathing when her face was covered with towel by the attackers.

They took them into their vehicle where they traveled to a nearby place. While on their way, the perpetrators stopped and threw the workers’ belongings along the roadside before they proceeded and took them to another place. While inside the vehicle, the attackers purposely put their body’s weight heavily on the victims resulting to the injury of Galon’s head. Afable as well struggle hard breathing. When they arrived at another place, the two victims were dumped to a canal with their hands and feet still tied and blindfold on. Afable was thrown into the air when the attackers were hurriedly leaving the place to avoid being detected. She had her clothes dipped into the mud after being thrown out. After loosening their ties, they sought help from their friends who accompanied them to the municipal police station report the incident. They went back to the place where they came from and had recovered only some of their belongings, others are lost.

I am deeply concerned with these continuing attacks against the workers on strike. I am extremely disappointed of repeated failures of the authorities to ensure the safety of these workers while exercising their freedom to assembly. The police’ continued failure to prevent this incident from occurring and to effectively investigate in order to identify and held the perpetrators is unacceptable.

As you are aware, similar attacks have also been taken by unidentified men, hooded with balaclavas, against the striking workers of Chong Won Fashion, Inc. They eventually abandoned their strike following frequent attacks. It is saddening that these is yet another incident where workers are being subjected to violent attacks in the course of exercising their rights yet the authorities have as repeatedly failed to protect and ensure their security.

I therefore urge you to take effective and appropriate action in this serious matter immediately. As in the past I am not aware of any substantial progress in police investigation of these series of violent attacks, in particular in identifying, prosecuting and holding the perpetrators accountable for their acts, I urge you to exhausted all means to ensure that this is done accordingly. Further, police officers who are found to have neglected their duties should also be investigated and held to account.

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

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. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Attn: Ms Vernonica Birga
Room 3-042
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)

9. Mr. John Ruggie
Special Representative of the Secretary General 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)