Labour and environmental groups in the Philippines are demanding greater protection for workers, children and the general public against the dangers of exposure to lead-based paints.
The groups, which include the EcoWaste Coalition and the Associated Labor Union-Trade Union Congress of the Philippines (ALU-TUCP), are demanding that the International Labour Organisation's (ILO) White Lead (Painting) Convention C013, which first entered into force in 1923, be updated to make it applicable to all lead pigments and dryers, ready-to-use paints, as well as to exterior applications.
“It’s been over nine decades since C013 entered into force and lead poisoning via exposure to lead contaminated paint chips, dust as well as products such as toys remains a huge threat for the health of children and workers in many countries,” said Allan Tanjusay, spokesman and policy advocacy officer, ALU-TUCP. - chemicalwatch
Thursday, September 4, 2014
False charges against Nagkaisa members
The Observatory for the Protection of Human Rights Defenders, a joint
programme of the International Federation for Human Rights (FIDH) and
the World Organisation Against Torture (OMCT), requests your urgent
intervention in the following situation in The Philippines.
Description of the situation
The Observatory has been informed by reliable sources, including the Task Force Detainees of the Philippines (TFDP), regarding the harassment done by officers of a cooperative/recruitment agency by filing false charges against Mr. Edcil Bacalso, member of NAGKAISA, a coalition of labour groups and Mr. Wilson Fortaleza, member of Partido ng Manggagawa (Workers Party).
According to the information received, on July 14, 2014, the two human rights defenders from the workers sector were both charged with libel, illegal assembly, and alarm and scandal, by officials of the AsiaPro Cooperative[1]. The case was filed against them based on a complaint affidavit by Mr. Edeward C. Milano, Head of the Business Unit for Luzon of AsiaPro Multipurpose Cooperative, at the Office of the Prosecutor, in Pasing City.
The latter accused Mr. Bacalso and Mr. Fortaleza of distributing libelous materials to the public allegedly containing malicious and defamatory statements during a protest held on April 25, 2014. Also, Mr. Milano blamed the group of obstructing the flow of traffic and blocking the pedestrians due to Nagkaisa’s activity. Further, Mr. Milano stated that the public affairs were disturbed due to the loud speaker system used in the protest.
The Observatory strongly condemns the judicial harassment of Mr. Edcil Bacalso, and Mr. Wilson Fortaleza, and calls on the Philippines authorities to immediately and unconditionally close the case and drop the charges brought against them, as their intended goal seems to be the sanctioning of and obstructing to their human rights activities and weaken their campaign against exploitation of workers.
Background information:
Based on Nagkaisa’s statement, AsiaPro is a supplier of contractual workers of several large corporations[2] that hides under the guise of a cooperative to evade compliance to labor laws and violate labor rights of its members and employees due to their non-payment of wages and other mandatory benefits such as the Social Security System.
In March, 2014, despite the Supreme Court already ruled that AsiaPro must comply with core labor standards and other labor-related laws (G.R. No. 172101), AsiaPro was able to discontinue, through a Temporary Restraining Order (TRO), a labour union certification election in Galeo Equipment and Mining Company[3]. A total of 285 Galeo workers had already voted by the time when the balloting was stopped. Another 275 Galeo workers were unable to cast ballots and were disenfranchised due to the TRO.
The election standoff arose from an attempt by the AsiaPro manpower cooperative to prevent the unionization efforts at Galeo. Asiapro is claiming that the Galeo workers are their members and thus exempt from unionization. Galeo workers did not even know that they were members of Asiapro.
Description of the situation
The Observatory has been informed by reliable sources, including the Task Force Detainees of the Philippines (TFDP), regarding the harassment done by officers of a cooperative/recruitment agency by filing false charges against Mr. Edcil Bacalso, member of NAGKAISA, a coalition of labour groups and Mr. Wilson Fortaleza, member of Partido ng Manggagawa (Workers Party).
According to the information received, on July 14, 2014, the two human rights defenders from the workers sector were both charged with libel, illegal assembly, and alarm and scandal, by officials of the AsiaPro Cooperative[1]. The case was filed against them based on a complaint affidavit by Mr. Edeward C. Milano, Head of the Business Unit for Luzon of AsiaPro Multipurpose Cooperative, at the Office of the Prosecutor, in Pasing City.
The latter accused Mr. Bacalso and Mr. Fortaleza of distributing libelous materials to the public allegedly containing malicious and defamatory statements during a protest held on April 25, 2014. Also, Mr. Milano blamed the group of obstructing the flow of traffic and blocking the pedestrians due to Nagkaisa’s activity. Further, Mr. Milano stated that the public affairs were disturbed due to the loud speaker system used in the protest.
The Observatory strongly condemns the judicial harassment of Mr. Edcil Bacalso, and Mr. Wilson Fortaleza, and calls on the Philippines authorities to immediately and unconditionally close the case and drop the charges brought against them, as their intended goal seems to be the sanctioning of and obstructing to their human rights activities and weaken their campaign against exploitation of workers.
Background information:
Based on Nagkaisa’s statement, AsiaPro is a supplier of contractual workers of several large corporations[2] that hides under the guise of a cooperative to evade compliance to labor laws and violate labor rights of its members and employees due to their non-payment of wages and other mandatory benefits such as the Social Security System.
In March, 2014, despite the Supreme Court already ruled that AsiaPro must comply with core labor standards and other labor-related laws (G.R. No. 172101), AsiaPro was able to discontinue, through a Temporary Restraining Order (TRO), a labour union certification election in Galeo Equipment and Mining Company[3]. A total of 285 Galeo workers had already voted by the time when the balloting was stopped. Another 275 Galeo workers were unable to cast ballots and were disenfranchised due to the TRO.
The election standoff arose from an attempt by the AsiaPro manpower cooperative to prevent the unionization efforts at Galeo. Asiapro is claiming that the Galeo workers are their members and thus exempt from unionization. Galeo workers did not even know that they were members of Asiapro.
On April 25, 2014, at 9:30am in San Rafael Street, Barangay Kapitolyo, Pasig City, Nagkaisa led a peaceful rally outside the building, where the AsiaPro central office is located, to protest against AsiaPro anti-human rights practices.
The activity was attended by around 200 participants coming from various labor groups including the Partido ng Manggagawa, Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP), SENTRO, Bukluran ng Manggagawang Pilipino (BMP), and the Philippine Airlines Employees Association (PALEA). Equipped with sound system, flags, streamers, banners, and position papers, the demonstrators only criticize AsiaPro for their activities.
Actions requested:
Please write to the Philippines authorities urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Edcil Bacalso and Mr. Wilson Fortaleza, as well as all human rights defenders in The Philippines;
ii. Put an end to all acts of harassment, including at the judicial level, against Mr. Edcil Bacalso and Mr. Wilson Fortaleza, as well as against all human rights defenders in the Philippines, and ensure in all circumstances that they are able to carry out their work without hindrances;
iii. Comply with all the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:
– its Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”,
– its Article 6.a, which states that “everyone has the right individually and in association with others to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems”,
– Article 12.1, which foresees that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”,
– and its Article 12.2 which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”
iv. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by the Philippines.
Addresses:
The activity was attended by around 200 participants coming from various labor groups including the Partido ng Manggagawa, Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP), SENTRO, Bukluran ng Manggagawang Pilipino (BMP), and the Philippine Airlines Employees Association (PALEA). Equipped with sound system, flags, streamers, banners, and position papers, the demonstrators only criticize AsiaPro for their activities.
Actions requested:
Please write to the Philippines authorities urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Edcil Bacalso and Mr. Wilson Fortaleza, as well as all human rights defenders in The Philippines;
ii. Put an end to all acts of harassment, including at the judicial level, against Mr. Edcil Bacalso and Mr. Wilson Fortaleza, as well as against all human rights defenders in the Philippines, and ensure in all circumstances that they are able to carry out their work without hindrances;
iii. Comply with all the provisions of the Declaration on Human Rights Defenders, adopted on December 9, 1998 by the United Nations General Assembly, in particular:
– its Article 1, which states that “everyone has the right, individually or in association with others, to promote the protection and realization of human rights and fundamental freedoms at the national and international levels”,
– its Article 6.a, which states that “everyone has the right individually and in association with others to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems”,
– Article 12.1, which foresees that “everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”,
– and its Article 12.2 which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”
iv. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by the Philippines.
Addresses:
· H.E. Benigno S. Aquino III, President of the Republic of
the Philippines, New Executive Building, Malacañang Palace, JP Laurel
St., San Miguel, Manila 1005, Philippines. Fax: +63 2 736 1010, Tel: +63
2 735 6201 / 564 1451 to 80; Email: corres@op.gov.ph / opnet@ops.gov.ph;
· Hon. Loretta Ann P. Rosales, Chairperson, Commission on Human Rights, SAAC Bldg., UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines. Fax: +632 929 0102. Email: chair.rosales.chr@gmail.com / mtm_rodulfo@yahoo.com;
· Hon. Juan Ponce Enrile, Senate President, Office of the Senate, Office of the Senate Secretary, Hon. Emma L. Reyes, 6th flr., Senate of the Philippines, Roxas Blvd., Pasay City, Tel: +63 2 552-6601 loc. 6129/23 & 24 / +63 2 552-6676, Email: osec@senate.gov.ph;
· Hon. Leila de Lima, Secretary, Department of Justice (DOJ), DOJ Bldg., Padre Faura, 1004, Manila, Fax: +63 2 521 1614, Email: soj@doj.gov.ph;
· Hon. Jose Midas Marquez, Court Administrator, Supreme Court of the Philippines, 3rd Flr., New Supreme Court Bldg., Annex, Padre Faura St., Ermita 1000, Manila, Tel: +63 2 522 590 to 94, Fax: +63 2 526 8129, Email: pio@supremecourt.gov.ph / sc.judiciary@gov.ph;
· Police Director General Raul M. Bacalso, Chief, Philippine National Police, Camp General Rafael Crame, Quezon City, Philippines, Fax: +63 2 724 8763/ +63 2 723 0401, Tel: + 63 2 726 4361/4366/8763, Email: feedback@pnp.gov.ph;
· Hon. Emilio Gonzalez, Deputy Ombusdman, Office of the Deputy Ombudsman for the Military And other Law Enforcement Offices, 3rd Flr., Ombudsman Bldg., Agham Road, Diliman, 1004 Quezon City, Fax: +63 2 926 8747 , Tel: +63 2 926 9032;
· H.E. Mr. Evan P. Garcia, Ambassador, Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: geneva.pm@dfa.gov.ph;
· Embassy of the Philippines in Brussels, 297 Avenue Moliere, 1050 Brussels, Belgium, Tel: +32 2 340 33 77 / 2 340 33 78, Fax: +32 2 345 64 25. Please also write to the diplomatic representations of the Philippines in your respective countries.
[1] Edeward C. Miano, Rico T. Peralta, and Lailani R. Encarnacion, all personnel of the AsiaPro Manpower Cooperative
[2] AsiaPro is apparently Bukidnon’s biggest contractual labor supplier, with 5,000 of its workers deployed in the province of banana and pineapple plantations and 34,000 of its members, deployed to several dozen companies nationwide.
[3] A contractor that hauls mine waste from the open pit mining site at the Carmen Copper mine in Toledo City.
· Hon. Loretta Ann P. Rosales, Chairperson, Commission on Human Rights, SAAC Bldg., UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines. Fax: +632 929 0102. Email: chair.rosales.chr@gmail.com / mtm_rodulfo@yahoo.com;
· Hon. Juan Ponce Enrile, Senate President, Office of the Senate, Office of the Senate Secretary, Hon. Emma L. Reyes, 6th flr., Senate of the Philippines, Roxas Blvd., Pasay City, Tel: +63 2 552-6601 loc. 6129/23 & 24 / +63 2 552-6676, Email: osec@senate.gov.ph;
· Hon. Leila de Lima, Secretary, Department of Justice (DOJ), DOJ Bldg., Padre Faura, 1004, Manila, Fax: +63 2 521 1614, Email: soj@doj.gov.ph;
· Hon. Jose Midas Marquez, Court Administrator, Supreme Court of the Philippines, 3rd Flr., New Supreme Court Bldg., Annex, Padre Faura St., Ermita 1000, Manila, Tel: +63 2 522 590 to 94, Fax: +63 2 526 8129, Email: pio@supremecourt.gov.ph / sc.judiciary@gov.ph;
· Police Director General Raul M. Bacalso, Chief, Philippine National Police, Camp General Rafael Crame, Quezon City, Philippines, Fax: +63 2 724 8763/ +63 2 723 0401, Tel: + 63 2 726 4361/4366/8763, Email: feedback@pnp.gov.ph;
· Hon. Emilio Gonzalez, Deputy Ombusdman, Office of the Deputy Ombudsman for the Military And other Law Enforcement Offices, 3rd Flr., Ombudsman Bldg., Agham Road, Diliman, 1004 Quezon City, Fax: +63 2 926 8747 , Tel: +63 2 926 9032;
· H.E. Mr. Evan P. Garcia, Ambassador, Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: geneva.pm@dfa.gov.ph;
· Embassy of the Philippines in Brussels, 297 Avenue Moliere, 1050 Brussels, Belgium, Tel: +32 2 340 33 77 / 2 340 33 78, Fax: +32 2 345 64 25. Please also write to the diplomatic representations of the Philippines in your respective countries.
[1] Edeward C. Miano, Rico T. Peralta, and Lailani R. Encarnacion, all personnel of the AsiaPro Manpower Cooperative
[2] AsiaPro is apparently Bukidnon’s biggest contractual labor supplier, with 5,000 of its workers deployed in the province of banana and pineapple plantations and 34,000 of its members, deployed to several dozen companies nationwide.
[3] A contractor that hauls mine waste from the open pit mining site at the Carmen Copper mine in Toledo City.
- OMCT World Organisarion Against Torture
Congress moves to raise tax exemption cap for bonuses
BOTH CHAMBERS of Congress are moving to give employees some succor in time for Christmas in the face of rising prices, with one such measure hurdling the committee level in the House of Representatives yesterday.
The House committee on ways and means yesterday approved a measure seeking to more than double the income tax exemption cap for employee bonuses to P70,000 from the current P30,000 ceiling. The body is now drafting a consolidated measure from at least nine bills dealing with this proposal. The measure covers the 13th month pay “and other benefits” like Christmas bonus and productivity incentives.
“What we approved today is... we’re exempting all Christmas bonuses... 13th month pay to the extent of P70,000 that will no longer be taxed,” committee chairman Rep. Romero S. Quimbo of Marikina (2nd district) told reporters at the sidelines of a committee hearing, citing a pressing need to raise the exemption ceiling in order to provide Filipino workers some relief from continued rising prices.
He noted that the current exemption level was set in 1994, hence, the need to adjust the current value to take inflation into consideration.
The approval of such measure is a first in recent years. Two similar bills were filed in the 15th Congress, but failed to gain the nod even at the committee level.
Also yesterday, Senate President Franklin M. Drilon said his chamber has already agreed with the House to approve the measure in time for Christmas season.
“We have an agreement with the House of Representatives that we will pass this bill within the year, so that Christmas could be merrier for our workers,” a statement quoted him as saying.
“There is really a need to revisit the antiquated provisions of Republic Act No. 7833, which imposed the P30,000 cap on bonuses back in 1994.”
The Trade Union Congress of the Philippines (TUCP) lauded the committee approval of the bill. “A legislative measure such as this is very much welcome, especially at this time when workers... worked so hard to bring about improved economic growth of the country,” TUCP spokesman Alan A. Tanjusay said in a text message, referring to gross domestic product growth that slowed but still surprised at 6.4% last quarter, spurring first-half economic expansion to 6.0% against the government’s 6.5-7.5% target. “We want to see the bill become into law so that Filipino workers will feel rewarded for their hard work.”
The Employers Confederation of the Philippines (ECoP) also threw its support behind the measure, saying it could help lessen workers’ demand for an increase in wages. Besides that, ECoP President Edgardo G. Lacson added that the proposal would help stimulate the economy.“It’s very very positive,” Mr. Lacson said in a telephone interview. “What the government will lose in [income] tax, they can collect in other taxes” that will rise with increased consumption.
The House ways and means committee is also set to consolidate nine measures seeking to trim individual and corporate income tax rates, again citing the need to adjust levels to inflation.
“We are taxing individuals more now for the same value of their salaries,” Mr. Quimbo noted.
“Tax burden today is being shouldered by ordinary income earners because they have no choice.”
The Senate is in sync with the move, with Mr. Drilon yesterday saying: “Congress is aware of the necessity to revisit our existing tax structure, which has remained unchanged since 1997.”
“Congress is committed to pass legislation that will lower individual income taxes in order to help our workers deal with the effect of inflation,” Mr. Drilon said.
“If the salary hike that our workers have been asking the government to provide is not yet possible due to fiscal constraints, legislation that will increase workers’ net take-home pay is the best alternative we can work on.”
Emphasizing his department’s stand during the committee hearing yesterday, Finance Undersecretary Jeremias N. Paul, Jr. said lawmakers must take a “holistic approach” to tax reform, saying “there should be a revenue measure that will essentially plug the loophole” of about P40 billion from the raising of the bonus exemption cap alone. -- M. L. T. Lopez BusinessWorld
The House committee on ways and means yesterday approved a measure seeking to more than double the income tax exemption cap for employee bonuses to P70,000 from the current P30,000 ceiling. The body is now drafting a consolidated measure from at least nine bills dealing with this proposal. The measure covers the 13th month pay “and other benefits” like Christmas bonus and productivity incentives.
“What we approved today is... we’re exempting all Christmas bonuses... 13th month pay to the extent of P70,000 that will no longer be taxed,” committee chairman Rep. Romero S. Quimbo of Marikina (2nd district) told reporters at the sidelines of a committee hearing, citing a pressing need to raise the exemption ceiling in order to provide Filipino workers some relief from continued rising prices.
He noted that the current exemption level was set in 1994, hence, the need to adjust the current value to take inflation into consideration.
The approval of such measure is a first in recent years. Two similar bills were filed in the 15th Congress, but failed to gain the nod even at the committee level.
Also yesterday, Senate President Franklin M. Drilon said his chamber has already agreed with the House to approve the measure in time for Christmas season.
“We have an agreement with the House of Representatives that we will pass this bill within the year, so that Christmas could be merrier for our workers,” a statement quoted him as saying.
“There is really a need to revisit the antiquated provisions of Republic Act No. 7833, which imposed the P30,000 cap on bonuses back in 1994.”
The Trade Union Congress of the Philippines (TUCP) lauded the committee approval of the bill. “A legislative measure such as this is very much welcome, especially at this time when workers... worked so hard to bring about improved economic growth of the country,” TUCP spokesman Alan A. Tanjusay said in a text message, referring to gross domestic product growth that slowed but still surprised at 6.4% last quarter, spurring first-half economic expansion to 6.0% against the government’s 6.5-7.5% target. “We want to see the bill become into law so that Filipino workers will feel rewarded for their hard work.”
The Employers Confederation of the Philippines (ECoP) also threw its support behind the measure, saying it could help lessen workers’ demand for an increase in wages. Besides that, ECoP President Edgardo G. Lacson added that the proposal would help stimulate the economy.“It’s very very positive,” Mr. Lacson said in a telephone interview. “What the government will lose in [income] tax, they can collect in other taxes” that will rise with increased consumption.
The House ways and means committee is also set to consolidate nine measures seeking to trim individual and corporate income tax rates, again citing the need to adjust levels to inflation.
“We are taxing individuals more now for the same value of their salaries,” Mr. Quimbo noted.
“Tax burden today is being shouldered by ordinary income earners because they have no choice.”
The Senate is in sync with the move, with Mr. Drilon yesterday saying: “Congress is aware of the necessity to revisit our existing tax structure, which has remained unchanged since 1997.”
“Congress is committed to pass legislation that will lower individual income taxes in order to help our workers deal with the effect of inflation,” Mr. Drilon said.
“If the salary hike that our workers have been asking the government to provide is not yet possible due to fiscal constraints, legislation that will increase workers’ net take-home pay is the best alternative we can work on.”
Emphasizing his department’s stand during the committee hearing yesterday, Finance Undersecretary Jeremias N. Paul, Jr. said lawmakers must take a “holistic approach” to tax reform, saying “there should be a revenue measure that will essentially plug the loophole” of about P40 billion from the raising of the bonus exemption cap alone. -- M. L. T. Lopez BusinessWorld
Wednesday, September 3, 2014
Rep. Raymond Mendoza as new Commission on Appointments (CA) member
NEW CA MEMBER: Senate President and Commission on Appointments (CA) chairman Franklin M. Drilon administer the oath of office to Trade Union Congress of the Philippines (TUCP) Party-List Representative Raymond Democrito Mendoza, Wednesday morning as a new member of the CA. Also in photo is Isabela First District Representative Rodolfo Albano III. (PRIB Photo by Joseph Vidal/3 September 2014)
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