Philippines
15.07.02
Urgent Interventions
Philippines: repression of the workers of the Nestlé-Cabuyao
OPEN LETTER TO HER EXCELLENCY GLORIA MACAPAGAL ARROYO,
PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES,
Geneva, July 15th 2002
Ms. President,
The International Secretariat of OMCT has been informed by the Kilusang Mayo Uno (KMU), a member of the OMCT network, of police brutality enforced in a series of harassment against the picketing workers of Nestlé-Cabuyao.
It is reported that on June 28, some 500 members of the Region 4 Philippine National Police (PNP), Regional Special Action Force /RSAF) and security guards from the Matrix Security Agency and Guardians dispersed a legitimate protest action of the workers.
According to KMU, batons, stones, teargas and water cannons met the workers who tried to restore their picketline at the company’s gate. At least 10 strikers and supporters were hurt. Felicisimo Pastolero, a Nestlé worker and baranggay council member in Bgy. Pulo, Sta. Cruz, Laguna was severely injured and suffered a 5-stiches wound in the head.
Scores of workers and supporters were also reportedly hurt in dispersal actions that took place on June 3 and June 17, when 16 strikers were wounded and one was illegally detained for a couple of hours.
According to the information received, union leaders are also being subjected to surveillance. For instance, it is reported that on July 4 a green Civic Honda tailed down the vehicle in which union vice-president Noel Alemania and five other workers were seated. Nearing the Pacita Exit tollgate in Laguna, the car overtook their vehicle and fired shots in the air before finally speeding off, which constitutes another form of intimidation to Nestlé workers.
According to KMU, communities surrounding Nestlé are subjected to harassment as well. The guards chased the workers even when they had already retreated to nearby communities and threw stones, damaging the windows of some of the houses in the community. Since the night of June 28, police have allegedly subjected into zoning and surveillance of at least three communities. On June 30, a security guard fired shots in the air. The moves were apparently meant to terrorize the residents and stop them from supporting the legitimate strike of the workers.
It is also reported that at least 200 security guards surrounded Nestlé’s gates and a number of military personnel stayed inside the factory. Moreover, according to KMUID, four container cargo crates and barbed wire are permanent fixtures at the gates, virtually turning the factory into a military camp.
In this respect, it is reported that nearby communities have circulated a petition for the withdrawal of military troops and security guards in the company. According to them, the military’s mere presence in the area sows fear and terror among residents. They also cited in the petition several incidents involving the police and security guards, such as their rude attitude and behaviour especially when under the influence of alcohol, sexual harassments, provocation and firing of shots in the air. They also complained about the harassments inflicted to the picketing workers, including the damaging of some houses as a result of the incident. Moreover, they complained that the harassments are also affecting the community’s children who are witnessing them.
As a State party to the International Covenant on Economic, Social and Cultural Rights, your government is bound to respect, protect and fulfil the rights enshrined in this Covenant, including: the right to form and join trade unions, the right to strike, the right to adequate housing, the right to work and the right of workers to enjoy safe and healthy conditions of work and to receive a remuneration which provides them with a decent living for themselves and their families.
In this respect, and under the principle of due diligence, the government of Philippines shall guarantee that the activities of the Nestlé corporation do not infringe the full and real implementation of human rights and labour standards.
Moreover, OMCT hopes that your Excellency will take the appropriate steps in order to ensure the physical and psychological integrity of the workers of Nestlé-Cabuyao, and in particular Felicisimo Pastolero and Noel Alemania.
OMCT also urges your Excellency to provide adequate reparation to all victims and to guarantee an immediate investigation into the circumstances of the above-mentioned 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.
Finally, OMCT hopes that your government will take all measures needed to guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards, including the International Covenant on Economic, Social and Cultural Rights.
We thank you for your careful consideration of this matter and remain,
Sincerely yours,
Eric Sottas
Director
PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES,
Geneva, July 15th 2002
Ms. President,
The International Secretariat of OMCT has been informed by the Kilusang Mayo Uno (KMU), a member of the OMCT network, of police brutality enforced in a series of harassment against the picketing workers of Nestlé-Cabuyao.
It is reported that on June 28, some 500 members of the Region 4 Philippine National Police (PNP), Regional Special Action Force /RSAF) and security guards from the Matrix Security Agency and Guardians dispersed a legitimate protest action of the workers.
According to KMU, batons, stones, teargas and water cannons met the workers who tried to restore their picketline at the company’s gate. At least 10 strikers and supporters were hurt. Felicisimo Pastolero, a Nestlé worker and baranggay council member in Bgy. Pulo, Sta. Cruz, Laguna was severely injured and suffered a 5-stiches wound in the head.
Scores of workers and supporters were also reportedly hurt in dispersal actions that took place on June 3 and June 17, when 16 strikers were wounded and one was illegally detained for a couple of hours.
According to the information received, union leaders are also being subjected to surveillance. For instance, it is reported that on July 4 a green Civic Honda tailed down the vehicle in which union vice-president Noel Alemania and five other workers were seated. Nearing the Pacita Exit tollgate in Laguna, the car overtook their vehicle and fired shots in the air before finally speeding off, which constitutes another form of intimidation to Nestlé workers.
According to KMU, communities surrounding Nestlé are subjected to harassment as well. The guards chased the workers even when they had already retreated to nearby communities and threw stones, damaging the windows of some of the houses in the community. Since the night of June 28, police have allegedly subjected into zoning and surveillance of at least three communities. On June 30, a security guard fired shots in the air. The moves were apparently meant to terrorize the residents and stop them from supporting the legitimate strike of the workers.
It is also reported that at least 200 security guards surrounded Nestlé’s gates and a number of military personnel stayed inside the factory. Moreover, according to KMUID, four container cargo crates and barbed wire are permanent fixtures at the gates, virtually turning the factory into a military camp.
In this respect, it is reported that nearby communities have circulated a petition for the withdrawal of military troops and security guards in the company. According to them, the military’s mere presence in the area sows fear and terror among residents. They also cited in the petition several incidents involving the police and security guards, such as their rude attitude and behaviour especially when under the influence of alcohol, sexual harassments, provocation and firing of shots in the air. They also complained about the harassments inflicted to the picketing workers, including the damaging of some houses as a result of the incident. Moreover, they complained that the harassments are also affecting the community’s children who are witnessing them.
As a State party to the International Covenant on Economic, Social and Cultural Rights, your government is bound to respect, protect and fulfil the rights enshrined in this Covenant, including: the right to form and join trade unions, the right to strike, the right to adequate housing, the right to work and the right of workers to enjoy safe and healthy conditions of work and to receive a remuneration which provides them with a decent living for themselves and their families.
In this respect, and under the principle of due diligence, the government of Philippines shall guarantee that the activities of the Nestlé corporation do not infringe the full and real implementation of human rights and labour standards.
Moreover, OMCT hopes that your Excellency will take the appropriate steps in order to ensure the physical and psychological integrity of the workers of Nestlé-Cabuyao, and in particular Felicisimo Pastolero and Noel Alemania.
OMCT also urges your Excellency to provide adequate reparation to all victims and to guarantee an immediate investigation into the circumstances of the above-mentioned 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.
Finally, OMCT hopes that your government will take all measures needed to guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards, including the International Covenant on Economic, Social and Cultural Rights.
We thank you for your careful consideration of this matter and remain,
Sincerely yours,
Eric Sottas
Director