Philippines
29.01.03
Urgent Interventions
Philippines: use of force and arbitrary arrests to break up union's demonstration
Case PHL290103.ESCR
use of force/unlawful arrest/violations of labour rights
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by Task Force Detainees of the Philippines, a member of the OMCT network, of the alleged use of force to break up a union demonstration and the unlawful arrest of workers on January 9, 2003, in Tinaan, Naga, Cebu, Philippines.
According to the information received, on January 9, 2003, around 400 members of the Naphil Arrastre & Stevedoring Services, Inc. Employees Independent Union were occupying the premises (a port) of the Apo Cement Company in Tinaan Naga (Cebu), in protest of the termination of work by the said company. It is reported that at around 1:30 p.m. a security officer, Adolfo Loayon, approached Tomas Alferez, a leader of the said union, and ordered the group to vacate the premises. When Tomas Alferez demanded if the security guard could support his demand with a court order, the said officer reportedly grabbed him and put a 9mm pistol to his head. It is reported that following this incident, policemen officials aimed their guns at the protesting workers, and pushed them towards a tugboat.
It is also reported that another worker, Lucio Panasacala, and his companions, were denied access to the docks when they tried to bring food to these workers occupying the premises. Maritime Patrol Craft No. 9 reportedly ran into their boat in order to prevent them from docking, causing damage to the boat. The police reportedly threatened to shoot the occupants of the boat if they brought food to the workers occupying the premises. Reports included the presence of two helicopters, which were seen hovering above the company’s premises.
Moreover, according to the information received, around 80 workers were forced to board a police tugboat at gunpoint and were brought to the Naga Philippine police (NPC) wharf, located about two kilometres away from the said corporation.
According to the information received, the members of the union filed a complaint on January 13, 2002 with the Office of the Ombudsman Visayas for allegations of grave abuse of authority, serious misconduct, grave threats, grave coercion and unlawful arrest against Chief Supt. Rolando Garica, Supt. Maximo Calimlim, Chief Inspector Teofilo Siclot, Supt. Sales Zaragusa, Capt. Ranulfo Zaragusa, Police Officer Jeffery Magdamit, Chief Inspector Renato Malzarte and the members of the Naga Philippine police.
Background information
The events that led to the unlawful arrest of the striking workers began on November 11, 2002, when the Apo Cement Company issued a letter to the Naphil Arrastre and Stevedoring Inc. Employees Independent Union stating that their services would no longer be needed as of December 11, 2002 in the company’s private port. The Naphil Arrastre and Stevedoring Inc. Employees Independent Union is a labour organization that is registered with the Department of Labour and Employment. The termination by Apo Cement Company reportedly affected 400 members of the union.
It is reported that the company planned to replace the workers with workers from another labour group, the Millennium Engineering and General Services. According to the information received, the affected union believes that they were terminated because of their political association with the political opponent of the mayor of Naga, Mayor Ferdinand Chiong. Indeed, the workers were reportedly promised that they would be rehired if they joined the new agency. The union reportedly issued a Notice of Strike against the Apo Cement Company on November 19, 2002 at the National Conciliation and Mediation Board for non-payment of tariff rate, union busting and termination of the union’s employees.
According to the information received, on December 4, 2002, the members of the union occupied the bridge leading to the premises in order to demonstrate and prevent the workers who were to replace them from entering the site. A series of protest rallies were also reportedly conducted by the union against the Apo Cement Company. On January 4, 2002, the company’s management of the company reportedly sent a letter to the union ordering them to clear the premises. Following the letter, a Maritime Patrol Craft and members of the 703rd Regional Mobile Group were reportedly present along the perimeter of the company’s grounds. As of the evening of January 8, 2002, hundreds of policemen and armed security guards were allegedly seen near the picket sight.
Action requested
Please write to the authorities in the Philippines urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil, and/or administrative sanctions provided by law;
ii. Take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned persons;
iii. Guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights throughout the country in accordance with international human rights standards.
Addresses
Her Excellency Gloria Macapagal-Arroyo, President, New Executive Building Malacang Palace Compound, J.P. Laurel St., San Miguel , Manila, Philippines Fax: +632 929 3968
E-mail: opnet@ops.gov.ph or kgma@yahoogroups.com
The Secretary Dept. of Agrarian Reform , DAR Building, Elliptical Road, Diliman, 1104, Quezon City, Metro Manila, Philippines
Fax: +632 929-3968/ 929-3088, E-mail: info@dar.gov.ph
Gen. Hermogenes Ebdane Police Director, Philippine National Police, Camp Crame, Quezon City, Philippines
Fax: +632 724 8763 , E-mail: ebdane@info.com.ph
The Chief Officer , Philippine National Police ,Camp Crame , Quezon City, Philippines
E-mail: pnp@pnp.gov.ph
Ms. Valera Quisumbing , Chairperson, Commission on Human Rights , SAAC Building, UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines
Fax: +632 929-0102 , E-mail: apnr@chr.gov.ph
Note: if you have any problems getting through to the fax numbers or e-mail addresses, please use those of the Ambassador to the UN cited below.
Ambassador Samuel T. Ramel, Permanent Mission of the Philippines to the United Nations in Geneva; Avenue Balnc 47, 1202 Geneva, Switzerland; E-mail: philippine.mission@ties.itu.int; Fax: ++41 22 716 19 32
Geneva, January 29, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
use of force/unlawful arrest/violations of labour rights
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by Task Force Detainees of the Philippines, a member of the OMCT network, of the alleged use of force to break up a union demonstration and the unlawful arrest of workers on January 9, 2003, in Tinaan, Naga, Cebu, Philippines.
According to the information received, on January 9, 2003, around 400 members of the Naphil Arrastre & Stevedoring Services, Inc. Employees Independent Union were occupying the premises (a port) of the Apo Cement Company in Tinaan Naga (Cebu), in protest of the termination of work by the said company. It is reported that at around 1:30 p.m. a security officer, Adolfo Loayon, approached Tomas Alferez, a leader of the said union, and ordered the group to vacate the premises. When Tomas Alferez demanded if the security guard could support his demand with a court order, the said officer reportedly grabbed him and put a 9mm pistol to his head. It is reported that following this incident, policemen officials aimed their guns at the protesting workers, and pushed them towards a tugboat.
It is also reported that another worker, Lucio Panasacala, and his companions, were denied access to the docks when they tried to bring food to these workers occupying the premises. Maritime Patrol Craft No. 9 reportedly ran into their boat in order to prevent them from docking, causing damage to the boat. The police reportedly threatened to shoot the occupants of the boat if they brought food to the workers occupying the premises. Reports included the presence of two helicopters, which were seen hovering above the company’s premises.
Moreover, according to the information received, around 80 workers were forced to board a police tugboat at gunpoint and were brought to the Naga Philippine police (NPC) wharf, located about two kilometres away from the said corporation.
According to the information received, the members of the union filed a complaint on January 13, 2002 with the Office of the Ombudsman Visayas for allegations of grave abuse of authority, serious misconduct, grave threats, grave coercion and unlawful arrest against Chief Supt. Rolando Garica, Supt. Maximo Calimlim, Chief Inspector Teofilo Siclot, Supt. Sales Zaragusa, Capt. Ranulfo Zaragusa, Police Officer Jeffery Magdamit, Chief Inspector Renato Malzarte and the members of the Naga Philippine police.
Background information
The events that led to the unlawful arrest of the striking workers began on November 11, 2002, when the Apo Cement Company issued a letter to the Naphil Arrastre and Stevedoring Inc. Employees Independent Union stating that their services would no longer be needed as of December 11, 2002 in the company’s private port. The Naphil Arrastre and Stevedoring Inc. Employees Independent Union is a labour organization that is registered with the Department of Labour and Employment. The termination by Apo Cement Company reportedly affected 400 members of the union.
It is reported that the company planned to replace the workers with workers from another labour group, the Millennium Engineering and General Services. According to the information received, the affected union believes that they were terminated because of their political association with the political opponent of the mayor of Naga, Mayor Ferdinand Chiong. Indeed, the workers were reportedly promised that they would be rehired if they joined the new agency. The union reportedly issued a Notice of Strike against the Apo Cement Company on November 19, 2002 at the National Conciliation and Mediation Board for non-payment of tariff rate, union busting and termination of the union’s employees.
According to the information received, on December 4, 2002, the members of the union occupied the bridge leading to the premises in order to demonstrate and prevent the workers who were to replace them from entering the site. A series of protest rallies were also reportedly conducted by the union against the Apo Cement Company. On January 4, 2002, the company’s management of the company reportedly sent a letter to the union ordering them to clear the premises. Following the letter, a Maritime Patrol Craft and members of the 703rd Regional Mobile Group were reportedly present along the perimeter of the company’s grounds. As of the evening of January 8, 2002, hundreds of policemen and armed security guards were allegedly seen near the picket sight.
Action requested
Please write to the authorities in the Philippines urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil, and/or administrative sanctions provided by law;
ii. Take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned persons;
iii. Guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights throughout the country in accordance with international human rights standards.
Addresses
Her Excellency Gloria Macapagal-Arroyo, President, New Executive Building Malacang Palace Compound, J.P. Laurel St., San Miguel , Manila, Philippines Fax: +632 929 3968
E-mail: opnet@ops.gov.ph or kgma@yahoogroups.com
The Secretary Dept. of Agrarian Reform , DAR Building, Elliptical Road, Diliman, 1104, Quezon City, Metro Manila, Philippines
Fax: +632 929-3968/ 929-3088, E-mail: info@dar.gov.ph
Gen. Hermogenes Ebdane Police Director, Philippine National Police, Camp Crame, Quezon City, Philippines
Fax: +632 724 8763 , E-mail: ebdane@info.com.ph
The Chief Officer , Philippine National Police ,Camp Crame , Quezon City, Philippines
E-mail: pnp@pnp.gov.ph
Ms. Valera Quisumbing , Chairperson, Commission on Human Rights , SAAC Building, UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines
Fax: +632 929-0102 , E-mail: apnr@chr.gov.ph
Note: if you have any problems getting through to the fax numbers or e-mail addresses, please use those of the Ambassador to the UN cited below.
Ambassador Samuel T. Ramel, Permanent Mission of the Philippines to the United Nations in Geneva; Avenue Balnc 47, 1202 Geneva, Switzerland; E-mail: philippine.mission@ties.itu.int; Fax: ++41 22 716 19 32
Geneva, January 29, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.