Nagkaisa supports creation of high-level commissions to probe drug war and trade union killings

The country’s biggest labor coalition supports the proposition to create a high-level commission for drug war probe, along with similar proposal by all trade union and labor organizations to establish a Presidential commission as well as a truth commission to investigate the killings of trade union leaders. 

Nagkaisa stressed out that aside from the thousands of victims of so-called extrajudicial killings (EJKs) under drug war, some 68 trade union leaders and organizers were also killed during the Duterte administration who equally deserve the same level of attention and justice. 

“These trade union killings, along with the more than 400 case related to violation of freedom of association were among the grounds for the International Labor Organization-High-Level Tripartite Mission’s initial recommendation for the country to set up a Presidential-led commission to investigate the same,” said Nagkaisa Chair Sonny Matula. 

The group looks with approval Solicitor General Menardo Guevarra's suggestion to create an independent commission to investigate the thousands of drug war killings, similarly with Chief Justice Artemio Panganiban’s idea of creating a modern-day Agrava Board.

The group, however, emphasized that this probe body on drug war, if constituted, should not be seen as an alternative to the International Criminal Court (ICC) ongoing investigation but primarily for purposes only of fact finding, identifying the victims, investigating the individual culprits and assist in their prosecution.

Nagkaisa likewise countered Secrtary Remulla’s rejection of the proposal, saying the Department of Justice (DOJ) cannot handle the investigation fairly and swiftly given the massive scale of the killings that need to be investigated. Officially, 6,252 were killed during the drug war from July 2016 to May 2022, according to the Philippine Drug Enforcement Agency. Human rights groups have, however, reported as many as 30,000 people killed in the Duterte administration’s campaign against illegal drugs.

“We believe that a credible, competent, and independent body like the proposed modern-day Agrava Board is necessary to investigate and prosecute the killings, identify the masterminds, and observe speed and due process in passing judgment,” said Matula.

The labor leader said further that the establishment of the high-level commission on drug war and the proposed presidential commission to investigate the killings of trade union leaders, “are significant steps towards addressing the human rights concerns surrounding the drug war and other forms of violence in the Philippines,” adding that the government's efforts to investigate and hold accountable those responsible for these killings will be crucial in restoring public trust in the justice system. ###

Nagkaisa Labor Coalition

19 March 2023

Ref: Atty. Sonny Matula

Chairperson

Rising inflation, violence at work hurting women the most; women workers’ group demand immediate wage hike, ratification of ILO C190 on International Women’s Day

As the country marks the International Women’s Day on March 8, the women leaders and unionists of the NAGKAISA Labor Coalition known as the NAGKAISA Women’s Committee urged the PBBM Administration to heed the workers’ demands for immediate wage increase, passage of bills to protect security of tenure and freedom of association in both the public and private sectors and ratification of the ILO Convention 190.

Rising inflation has become an urgent concern as workers struggle to survive amid soaring cost of commodities and services. The NAGKAISA Women’s Committee underscored how inflation disproportionately affects women more than men.

“While inflation hurts everyone, it hurts women more,” said Jillian Roque, Chief of Staff of the Public Services Labor Independent Confederation (PSLINK). “Women workers who are already concentrated in informal, precarious, and underpaid jobs without job security and social protection have to further grapple with the impacts of skyrocketing inflation and the pandemic aftermath.”

According to Roque, inflation also contributes to widening the gender gaps and inequality in the country.

“As inflation continues to erode purchasing power, women are forced to make sacrifices for their families by starving themselves and skipping on meals, or cutting back on essential items and services including health care,” Roque said. “Stressing about ways on how to stretch their already unlivable wages and household budgets in the face of rising inflation is also exacting a toll on women’s mental health. They also end up assuming more and more care work duties – often unpaid – at home thereby worsening women’s multiple burden even more,” she added.

Contractualization also worsens gender discrimination and gender pay gaps according to Judy Miranda, Secretary General of Partido Manggagawa. She said many women are employed under “End-of-contract” or more widely known as ENDO arrangements which pay cheaper wages and accord lesser benefits.

“Contractualization is being used by employers as a way to skirt on their obligations to regular workers such as social and health benefits including reproductive health benefits of women workers,” said Miranda.

She pointed out that ENDO workers both in the private and public sectors are deprived of their fundamental rights to stable employment and freedom of association making them more vulnerable to exploitation. “Pregnant women and nursing mothers in contractual employment for example are not able to assert their rights at work because employers can simply refuse to renew their contracts,” she said.

Since assuming the presidency last year, PBBM has been slammed by workers’ groups for his lack of labor agenda. The coalition believes that the President should finally step-up to the plate and take action on wages and security of tenure. “The PBBM admin should prioritize raising wages and reforming the existing wage setting mechanism which has persistently failed the workers and exacerbated pay gaps. The President should also certify as urgent the passage of the pro-worker security of tenure bills and strengthen freedom of association starting by enacting the long overdue Public Service Labor Relations Act,” Miranda said.

The coalition also lamented the increasing violence against women workers citing the recent cases of migrant domestic workers in Kuwait including Myla Balbag who was left paralyzed after jumping from the third floor in order to escape from her abusive employer and Jullebee Ranara whose body was burnt and left in a desert as examples. The NAGKAISA Women’s Committee called for justice for all victims of physical abuse, sexual abuse and other forms of violence and the immediate ratification of the International Labor Organization’s Convention 190 on the Elimination of Violence and Harassment in the World of Work.

“Our sisters continue to face the daily reality of violence in their homes, communities, and workplaces,” said Nice Coronacion, Deputy General Secretary of SENTRO. “It is important that we push for mechanisms that help protect working women from the various threats, risks, and dangers we face. To this end, the ratification of the ILO C190 is essential for setting-up the policies and environment that will protect women and help us in the assertion of our rights. While C190 on its own is obviously not the solution, it is a step in the right direction that will benefit all workers, especially women wherever we are — be it at home, at work, or in public,” she explained.

The labor coalition also reminded the government to comply with its international obligations particularly ILO Conventions 87, 98 and 151 on freedom of association and collective bargaining and act on the recommendations of the ILO High Level Tripartite Mission which investigated the grave violations on freedom of association in the country early this year.

“Among the victims of killings, enforced disappearances, union repression and red-tagging are women workers from across all sectors of labor,” Ma. Victoria Bellosillo of the Federation of Free Workers said. “We urge the BBM administration to swiftly implement the ILO HLTM recommendations particularly the establishment of a Presidential Commission focused on stopping killings and other grave violations of the right to organize of workers.”

The NAGKAISA! Labor Coalition members including FFW, PM, PSLINK and SENTRO are organizing various mass actions along with other labor groups and women’s rights organizations on March 8 to highlight women workers’ rights including protest actions at the Department of Labor and Employment and the Department of Justice and a broad mobilization at the Liwasang Bonifacio.

Nagkaisa’s unsolicited advice to President Marcos: Accept ICC investigation on EJKs during Duterte ‘war on drugs’

Manila, Philippines - The Nagkaisa Labor Coalition called on the Marcos Jr Administration to accept the International Criminal Court (ICC) investigation on the extra-judicial killings (EJKs) that happened during the anti-drug operations under the Duterte administration.

The biggest labor group in the country expressed its concern over the recent development that the Marcos administration or some of its officials have opposed the ICC's investigation into the EJKs from the drug war, calling it an "unwarranted and outrageous interference" into the country's sovereignty.

“We are disappointed with the recent manifestation of the House of representatives led by former former President and Senior Deputy Speaker Gloria Macapagal Arroyo and some lawmakers seemingly defending the anti-drug war of Duterte and the attendant EJKs. It was during her time that capital punishment was abolished, and this commitment to upholding human rights and the rule of law is a legacy that the Philippines must uphold,”

Nagkaisa said. 

This move by lawmakers came after the ICC's pre-trial chamber recently authorized the resumption of an investigation into the killings under Duterte's drug war, since it's 'not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the Court's investigations on the basis of the complementarity principle.

 

Nagkaisa emphasized that the ICC's investigation into the extrajudicial killings is necessary to uphold the rule of law and ensure that justice is served.

We beg to disagree as the Philippines needs to comply with its treaty commitment which already forms part of our legal system despite withdrawal in 2019,” Nagkaisa said. 

Nagkaisa stressed that the ICC Pre-trial chamber's authorization for the resumption of investigation is not a violation of Philippine sovereignty, but rather an exercise of its treaty obligation under the Rome Statute, which the Philippines ratified in 2011.

The Rome Statute provides that the ICC may investigate and prosecute individuals for genocide, crimes against humanity, war crimes, and crimes of aggression.

"We are of the opinion the ICC's investigation is not a threat to Philippine sovereignty. Rather, it will strengthen respect for human rights in the country as well, as it is a legitimate exercise of the ICC of its mandate under the Rome Statute, to which the Philippines was once a signatory. It is also consistent with the country's obligations under the Vienna Convention on the Law of Treaties (1969),” Nagkaisa added. 

The subject of investigation covers cases from  2011 to 2018 when the country was still a member of the ICC. That period is covered by the jurisdiction of the ICC and the Philippine government has the obligation to cooperate and bring those responsible for EJKs to the bar of justice.

Nagkaisa also responded to concerns that the ICC's investigation would undermine the Philippine justice system. 

“The ICC's intervention does not mean that the Philippine justice system is incapable of delivering justice. It only means that the ICC is stepping in, due to a special circumstance because the domestic justice system has failed to hold perpetrators accountable and provide justice for the victims of extra-judicial killings related to the anti-drug wars,” Nagkaisa added. 

Nagkaisa urged the Philippine government to uphold its obligation to protect the human rights of its citizens and to work with the ICC during its investigation. 

“We hold that EJKs are not state policy and those responsible for such killings be held accountable. In fact, capital punishment was abolished in the Philippines by Republic Act No. 9346, which was signed by President Gloria Macapagal-Arroyo on June 24, 2006. In line with the country's commitment to the abolition of the death penalty, the Philippines signed the Second Optional Protocol to the International Covenant on Civil and Political Rights,” Nagkaisa said. 

The protocol commits its members to the abolition of the death penalty within their borders. The Optional Protocol was signed on September 20, 2006, and ratified on November 20, 2007.

The foregoing commitment demonstrates the Philippines' respect for human rights and the rule of law, which the ICC seeks to uphold in its investigation into extrajudicial killings.

"We hope that this administration will listen to our unsolicited advice and take the necessary actions to address this issue. It is only through accountability and justice that we can truly build a better society,” Nagkaisa said.  

Last month, the government took a positive step towards achieving justice for victims of EJKs of workers in particular, by accepting the ILO High Level Tripartite Mission. 

“We hope the government implements all of the recommendations of the ILO HLTM and give its commitment to serve justice for the slain workers and their families. Consistent with this commitment, it should also accept with open arms the ICC investigation,” Nagkaisa said. 

The Nagkaisa is the broadest coalition of labor groups and workers' organizations in the Philippines, representing hundreds of thousands of workers across the country. It is committed to promoting the rights and welfare of Filipino workers, and to advancing their interests in the workplace and in society.

LABOR GROUP SLAMS GOV'T FOR USING SSS LAW TO ARREST ACTIVIST PROF

The biggest coalition of labor unions in the country, lambasted the recent government ill action to weaponize the Social Security System (SSS) law for the purpose of arresting a teachers'  union officer and activist professor from the University of the Philippines (UP)-Diliman. 

The professor, identified as Melania Flores, of the Alliance of Concerned Teachers (ACT) was cited for allegedly failing to remit SSS contributions for her kasamabahay, in violation of Republic Act No. 8282 (now RA 11199) or the Social Security Act. This resulted in the Quezon City Police Department (QCPD) labeling her as a "most wanted person" and seeking a warrant from Judge Maria Gilda Loja-Pangilinan of Quezon City Regional Trial Court Branch 230 last September.

Nagkaisa Labor Coalition asserts that the government's actions are an abuse of power and an attempt to silence critical voices in society. The coalition calls for an immediate end to the misuse of the SSS law and urges the Marcos administration not to use a welfare law to silence trade union leaders and activists.

"The government's actions demonstrate a blatant disregard for basic human rights and the rule of law. Using the SSS law as a weapon to arrest individuals for political reasons is unacceptable and must be condemned in the strongest terms," said Nagkaisa Labour Coaltion.

The arrest of the trade union activist happened at the heels of the ILO High Level Tripartite Mission to the Philippines at the end of January that cited authorities for long standing cases of killings, arrest on trumped up charges, red tagging and other forms of violence against trade union leaders and organizers. 

Nagkaisa demands that  the government respect the rights and freedoms of all individuals, including trade unionists, activists and academics, and uphold its obligation to promote and protect human rights in the Philippines.

  

Assuming there was a violation of the SSS law, the coalition holds that the authorities should not have violated due process and the UP-DILG Memorandum of Agreement, which prohibits the police forces from entering the UP campus without the knowledge of the university authorities.

While the SSS has records of big employers who failed to remit millions if not billions of pesos in SSS contributions for hundreds of thousands of workers, with the companies’ officers or board of directors having pending arrest warrants, the government has not taken action against them. Instead, the authorities are focusing on a trade union activist professor who allegedly failed to remit SSS contributions for her domestic worker. Nagkaisa raises concerns about due process and equal protection under the law.

Lastly, this statement does not condone non-remittance of SSS contributions. Nagkaisa calls for all employers to remit their employers. Under Republic Act 11199, failure or refusal to comply with the provisions of the SSS law by the employer is punishable by a fine ranging from PHP 5,000.00 to PHP 20,000.00 or imprisonment for a minimum of 6 years and 1 day and a maximum of 12 years, at the discretion of the court. In case of failure to register employees or deduct and remit SSS contributions, the penalty shall be a fine of not less than PHP 5,000.00 nor more than PHP 20,000.00 and imprisonment for not less than 6 years and 1 day nor more than 12 years. In case the employer deducted the SSS contribution but failed to remit it, the imposable penalty shall be that provided under Article 315 of the Revised Penal Code on Estafa, which provides imprisonment not exceeding 20 years.

- Nagkaisa! Labor Coalition