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.
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:
· 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.
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OMCT World Organisarion Against Torture
