Surveillance Continues Against An Activist Allegedly By Military - AHRC

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Center for Trade Union and Human Rights (CTUHR) that an activist has continuously been under surveillance allegedly by the military. After having his case reported police authorities have conducted an inquiry about his current situation but they failed to provide him any protection.

UPDATE INFORMATION: (based on information received from Center for Trade Union and Human Rights (CTUHR))

As earlier reported in our previous appeal, Dante F. Senillo has since been receiving serious threats from the military in Ormoc City, Leyte since April 2004. He, however, was afraid to report to the police as he believes the military may come to know of his whereabouts instead. (See further AHRC-UAC-044-2008).

According to the information newly obtained, two police officers, one of whom identified as Sergeant Bereso, had visited his house at around 1pm on 4 April 2008. The officers told him that they have received a letter regarding his situation. They also asked him some questions about his current situation. They asked him whether he is still experiencing harassments from the 19th Infantry Battalion (IB) presently and that he had witnesses to prove the incidents regarding the threats mentioned in the copy of letter they had.

They also questioned him about his current job; when he started affiliating with the National Federation of Labour Union -Kilusang Mayo Uno (NAFLU-KMU) and whether he is still actively communicating with the said federation, amongst others. However, there has not been any actual assistance or adequate protection provided to him so far.

Meanwhile, at around 9:45am on April 9, Dante took a ride on a van going to Isabel, Leyte to attend the monthly board meeting of NAFLU-KMU. He arrived in Barangay Libertad, Isabel around 11am. As he entered the Gate 2 of Philphos Company, he noticed someone had been following him. Upon reaching the canteen inside the premises of the company, the man whom Dante suspected following him, had approached.

The man then asked Dante some dubious questions like where he is going, what his job is and what he is doing in that company. According to Dante, the man was wearing a short and fatigue shirt with the abbreviation PA printed on it, which means Philippine Army.

At exactly 12:30, the company bus service came to pick up the company employees who were waiting in the bus stop. He rode on the bus and went to the union office. However, he was not sure if the man who approached him also followed him on the bus up to his destination.

BACKGROUND INFORMATION:

The high number of extrajudicial killings in the Philippines is a result from far higher level of threats and intimidation on the human rights defenders in the Philippines. Killings and threats to the human rights defenders in fact reflect that fear is manifested in the society and the government rules people by fear. Many times, the victims who receive serious threats from the military or police do not report their cases to any government authorities fearing that their location would be exposed. The circle of serious threats often ends only after a victim is arrested or killed. (See further: AHRC-UAU-011-2008, AHRC-UAC-010-2008)

In the Philippines, policemen are seen as adversaries by the activists for having been involved in carrying attempts on their lives and for their inaction in affording them any form of protection. Often, when an activist faces and receives threats to his or herself, going to police station and concerned authorities is not an option. They rather take upon themselves any arrangement for protection.

The AHRC has in recent times has expressed serious concerns over the continuing violence and the lack of protection to activists facing threats in the Philippines. Please refer to AHRC-STM-016-2008, AHRC-STM-014-2008, AHRC-STM-009-2008, AHRC-STM-007-2008.

Regarding hindrances and difficulties for a victim to get justice are described in the chapter on the Philippines in 2007 country report of the AHRC.

SUGGESTED ACTION:Please write letters to the government authorities urging them to investigate this continuing surveillance allegedly by military against Dante.

RP Police Breaks Labor Rally, Arrest 6 People

MANILA, Philippines (Mindanao Examiner / Oct. 10, 2007) – Telecommunication workers held a picket on Wednesday in front a police headquarters after six of their union officials were arrested a labor rally in Manila.

Other union officials from the country’s largest telecommunication firm, PLDT, said the six were arrested after policemen broke a peace rally that also injured a still undetermined number of workers.

The solidarity rally composed of different labor federations, six labor centers and other union groups were protesting the termination of hundreds of workers.

PLDT said it paid workers, whose services were terminated, more than what the law requires.

Those arrested were identified as Pete Pinlac, president of Manggagawa sa Komunikasyon sa Pilipinas (MKP-PLDT Union); Atty. Virgie Pinlac, spokesperson of Pagkakaisa ng Kababaihan (KAISA KA); Arturo Castillo, first vice president of Manggagawa sa Komunikasyon ng Pilipinas ( MKP- PLDT Union); Bong Beato, second vice president of Manggagawa sa Komunikasyon ng Pilipinas (MKP-PLDT Union).

And Roy Fernandez, representative of Manggagawa sa Komunikasyon ng Pilipinas (MKP-PLDT Union); Mitzi Chan, Popular Struggles Director of Kilusan para sa Pambansang Demokrasya (KPD) and Aurelio Veloso, of Manggagawa Para sa Kalayaan ng Bayan (MAKABAYAN).

It was not immediately known why the six were arrested, but it coincided with a failed dialogue of protesting workers with Labor Secretary Arturo Brion. The workers said they would continue on their hunger strike until Brion hear their complaints. (Mindanao Examiner)

PLDT Union Assails Termination Of Workers

Manila, Philippines (Mindanao Examiner / 25 Sept) – Labor union of the country’s largest telephone company, PLDT, assailed the continued termination of employees despite a huge profit the past three years.

The Manggagawa sa Komunikasyon ng Pilipinas (MKP) said PLDT has been raking profits, but despite this it had terminated hundreds of workers the past months, yet executives enjoyed hefty bonuses and other fringe benefits.

It said the company has recently terminated 575 employees, but PLDT said those who were laid off had been paid more than in accordance with labor laws.

Plantation Union Shouts Harassment

DAVAO DEL NORTE (Mindanao Examiner / 28 Feb) – Picketing banana workers complained Wednesday that security guards of the Marsman Estate Plantation allegedly harassed them in the town of Santo Tomas in Davao del Norte province.

The workers were demanding immediate release of their union benefits under the so-called Collective Bargaining Agreement (CBA) and the remittance of their Social Security System and and Pag-ibig payments.

Domingo Deguma, president of Marsman Labor Association for National Democracy-National Federation of Labor Unions-Kilusang Mayo Uno, said the security guards, about 10 of them, allegedly threatened them should they continue their picket in front of the Marsman office.

“We were about to assemble in front of the management building when chief security Jun Dumile came up to us and told us that there will be trouble if we will proceed with the protest,” he said.

Deguma said Marsman up to now have not released the workers’ Spouse and Children’s Christmas Bonuses supposed to be due December last year. Some of the workers were not able to avail of salary loans because the company allegedly failed to remit the workers’ SSS and Pag-ibig payments.

“The guards were already posted in front of the management office before we started the picket. As we were preparing the picket line, they approached us and ordered us to disperse.”

“We were merely exercising our right to redress of grievance…Instead of addressing our concerns, they sent out armed guards to intimidate and force us to endure their capitalist exploitation,” said Deguma, who is also a coordinator for the party list Anakpawis.

Editha Duterte, Anakpawis-Southern Mindanao spokesperson, explained: “Their fear of us mounting the picket stems out from the fact that for the past months, the workers have been successful in pressing for their economic rights though collective action.”

“The workers’ experience taught them that picketing and other concerted actions are their only resort to counter capitalist exploitation. That is the reason why these workers never tire and they become more resolute—of pushing for their legitimate demands,” she said in a statement to the Mindanao Examiner.

There were no immediate statements from either officials or head of security of the Marsman.

Banana Workers Up In Arms vs Plantation Owner In South RP

DAVAO DEL NORTE – Banana plantation workers and members of the militant party list group, Anakpawis, picketed in front of the firm’s office and demanded payments of labor union benefits.

Workers from the Marsman Estate Plantation, Inc. said the firm was allegedly delinquent in the payment of their benefits under the Collective Bargaining Agreement or CBA.

They also accused Marsman of non-payment of social security remittances and other government taxes.

Banana worker Doming Deguma, who is also the Anakpawis coordinator in Santo Tomas town, alleged that Marsman has been delinquent in giving their benefits as prescribed in the CBA.

"What frustrates us more is that the officers of the union that negotiated the CBA continue to be the purveyors of this capitalist exploitation. Instead of protecting our rights and demanding the release of our benefits, these officers are the first ones to tell us there's nothing we can do," Deguma said in a statement sent to the Mindanao Examiner.

In 2001, the officers of the Davao Marsman Labor Union (DAMLU) negotiated the CBA that expired March last year. Deguma said that these officers are "parrots" of the management's interests, adding that such kind of leadership is called "yellow unionism."

Currently, the workers of MEPI are trying to establish their genuine union, the Marsman Labor Association for National Democracy-National Federation of Labor Unions-Kilusang Mayo Uno (MARSLAND-NAFLU-KMU).

Deguma is also the president of MARSLAND-NAFLU-KMU.

But Deguma and the rest of the officers of their union are adamant. He said contrary to DAMLU's puppet claims, there is something that the workers can do.

In December of last year and early this month, Deguma said, the workers were able to force the management to release their wages following a series of successful pickets and lobbying.

"The workers now know that through these collective actions, we can assert our demands and secure our economic rights," Deguma said.

MEPI failed to release two consecutive payrolls in November last year and two more consecutive payrolls in January this year.

Editha Duterte, spokesperson of Anakpawis in Southern Mindanao, said yellow unionism is prevalent in the workers movement in the country.

"While genuine unions like MARSLAND-NAFLU-KMU campaign for higher wages, job security and the workers' democratic rights, yellow unions bow down to the whims and caprices of capitalists such as MEPI," Duterte said.

Last January 16, a certification elections (CE) was held among the workers which resulted to a run-off since none of the three contending unions garnered majority of the votes cast. The CE determines which union shall represent the workers in their CBA negotiations.

Deguma claimed that during the campaign period of the CE, the management of MEPI allegedly gave money to influence the workers into voting for DAMLU. "In effect, the unbridled and appalling connivance of the management and the yellow union DAMLU deprived the workers of establishing their genuine union," he said.

There were no immediate statements from Marsman executives or DAMLU officials.