The dreaded Terror Bill has yet to be a law, and yet, once again, the country was ranked as one of the top 10 worst countries in the world for working people, particularly for trade unionists.
The Philippines has been on the top 10 list of the ITUC Global Rights Index for several years now. Other countries included Bangladesh, Brazil Colombia, Kazakhstan, Turkey and Zimbabwe. Joining the top 10 list for the time are Egypt, Honduras and India.
Validated reports on red-tagging, criminalization of trade unionists and murder of trade union leaders in 2019 were cited by the ITUC as evidences of continuing trade repression in the country.
The murders of Dennis Sequeña, a PM organizer in Cavite, as well as Reynaldo Malaborbor of February Six Movement, were cited in the report. Justice have yet to be served in both cases.
As of the end of 2019, 45 trade union and peasant leaders have been murdered since DU30 came to power. This was done with impunity since none of these murders were ever solved.
Meanwhile, the PNP stepped up its red-tagging when it started setting up JIPCOs or Joint Industrial Peace Concerns Office in export processing zones (EPZs) to harass and discriminate workers who organize unions in the pretext of preventing infiltration of radical union in said zones.
Truth is, there are very few unions inside EPZs. Apparently the PNP wants to eliminate them altogether.
It was for this reason that the ILO Committee on Application of Standards (CAS), requested the Philippine government last June 2019 to invite a tripartite high-level mission to validate these claims. The High Level Mission is one of the most powerful instruments used by the ILO in addressing allegations of trade union repression.
Unfortunately, DOLE deferred issuing such invitation. Early this year, the DOLE merely issued a memorandum instructing it’s senior officials to prepare for the ILO High Level Mission.
With the world now in its worst economic recession in 150 years, many are expecting that things could get worst for trade unionists. Using the pandemic as a pretext, a number of countries are issuing policies that undermines workers and trade union rights.
Similarly, the DOLE issued policies like Labor Advisory 17 and DO 213 that severely undermined workers and trade union rights.
Things will certainly turn to worst should the Terror Bill becomes a law. Undoubtedly, the Terror Bill will put PH on top of list with ecozones converted into JIPCO detachments.
NAGKAISA reiterates its demand to stop the killings and calls on government to seriously investigate and go after the murderers of Dennis Sequeña and other trade unionists.
Of equal importance, Nagkaisa is calling for the rescinding anti-labor policies issued by the DOLE. It is also calling on DU30 to veto the Terror Bill.
The ITUC Global Index was released yesterday in Brussels, Belgium. Three of the 4 affiliates of the ITUC in the Philippines - FFW, SENTRO and TUCP - belong to Nagkaisa.
Saturday, June 20, 2020
Tuesday, June 16, 2020
Workers Again Are Left Behind! -- Nagkaisa
Workers are being forced to pay for the costs of the Duterte government’s mishandling the pandemic.
While the government tries to maintain the GCQ status to keep the maximum level of quarantine protocols that it can continue to impose, it fails to sustain even a minimum level of social security that the people badly need such #SapatAtTuloyNaAyudaSaLahat and #BalikTrabahongLigtas.
“An extended lockdown must come with enhanced social amelioration,” Sonny Matula, Chairperson of Nagkaisa, declares. “It should also prompt government to rethink its current attitude of penny-pinching on our economic recovery when we are facing the world’s worst recession in 150 years,” Matula added.
Worse is that it tries to keep people on quarantine but at the same time keeping the stimulus proposals at bay by opposing their required funding. Despite calls for government to roll out a robust economic recovery package that would bail out the people, the DOF and the NEDA continue to hold its untenable position to limit further government expenditures to P130 billion (US2.6), which is equivalent to only .07% of the GDP of US$355B (2019).
Even the idea of DOLE for a 3-month TUPAD emergency employment, though a welcome proposal, is not anchored on the proposal of Nagkaisa for employment guarantee assured with regular funding and which must be based on a new social objective of creating a more productive and sustainable jobs needed by a “Better Normal.” Without a clear jobs generation program, this proposed emergency employment would simply be dispensed through a patronage system.
This is a far cry from what other counties have rolled out to fight the recession.
NAGKAISA once again asserted its demand for income guarantees for all workers amounting to the prevailing minimum wage or P10,000, whichever is higher.
At the same time, the labor coalition also called on the DOTr to ease the transport burdens of workers by deploying PUJs thru service contracting as it is being proposed by many groups, including the Move As One coalition.
NAGKAISA is also calling on government to embark on a serious discussion with labor groups and other social movements and craft a robust economic recovery program. One that is based on an agri-industrial policy aimed at generating employment around key drivers of growth, build up public services especially public health and lag the path for a better normal.
While the government tries to maintain the GCQ status to keep the maximum level of quarantine protocols that it can continue to impose, it fails to sustain even a minimum level of social security that the people badly need such #SapatAtTuloyNaAyudaSaLahat and #BalikTrabahongLigtas.
“An extended lockdown must come with enhanced social amelioration,” Sonny Matula, Chairperson of Nagkaisa, declares. “It should also prompt government to rethink its current attitude of penny-pinching on our economic recovery when we are facing the world’s worst recession in 150 years,” Matula added.
Worse is that it tries to keep people on quarantine but at the same time keeping the stimulus proposals at bay by opposing their required funding. Despite calls for government to roll out a robust economic recovery package that would bail out the people, the DOF and the NEDA continue to hold its untenable position to limit further government expenditures to P130 billion (US2.6), which is equivalent to only .07% of the GDP of US$355B (2019).
Even the idea of DOLE for a 3-month TUPAD emergency employment, though a welcome proposal, is not anchored on the proposal of Nagkaisa for employment guarantee assured with regular funding and which must be based on a new social objective of creating a more productive and sustainable jobs needed by a “Better Normal.” Without a clear jobs generation program, this proposed emergency employment would simply be dispensed through a patronage system.
This is a far cry from what other counties have rolled out to fight the recession.
NAGKAISA once again asserted its demand for income guarantees for all workers amounting to the prevailing minimum wage or P10,000, whichever is higher.
At the same time, the labor coalition also called on the DOTr to ease the transport burdens of workers by deploying PUJs thru service contracting as it is being proposed by many groups, including the Move As One coalition.
NAGKAISA is also calling on government to embark on a serious discussion with labor groups and other social movements and craft a robust economic recovery program. One that is based on an agri-industrial policy aimed at generating employment around key drivers of growth, build up public services especially public health and lag the path for a better normal.
Sunday, June 14, 2020
INTERNATIONAL TRADE UNIONS SUPPORT PHIL WORKERS' STRUGGLE AGAINST ANTI-TERROR BILL
In solidarity with the Filipino workers, the 200 million-strong International Trade Union Confederation (ITUC) and the ITUC-Asia Pacific affiliates threw their support to the major Philippine trade unions and the Nagkaisa Labor Coalition in their advocacy to oppose the passage into law of the enrolled Anti-Terror Bill in its present form contained in Senate Bill 1083 and House Bill 6875.
The FFW, KMU, SENTRO, and TUCP are affiliates of the ITUC in the Philippines and manifested strong opposition to the enrolled bill.
The four major trade unions and the Nagkaisa Labor Coalition assailed the Anti-Terror Bill seeking to amend the Human Security Act of 2007 (RA 9372) as unconstitutional and will likely run contrary to the Philippine international trade union and human rights’ commitments.
In their letter to President Rodrigo Duterte dated June 12, 2020, ITUC Secretary General Sharan Burrow and ITUC-Asia Pacific head Shoya Yoshida said they are "extremely concerned" that the Anti-Terror Bill if enacted into law "will further securities, shrink and stifle civic space and rights at work placing workers, trade union activists, and other human rights actors and defenders under even more jeopardy and danger of arbitrary, indiscriminate and baseless attacks, harassment, intimidation, and killings at the hands of the police, the military, and other security agencies."
Nagkaisa also said the assailed bill will highly endanger trade unions and people’s organizations in the Philippines.
Burrow and Yoshida said that "numerous provisions of the bills are in serious contradiction with international law." Both the two ITUC leaders join the Philippine trade unions' call on President Duterte to veto the Anti-Terrorism Bill and subject related legislative enactment to consultations with trade unions.
Nagkaisa said that the anti-terror bill not only runs contrary to the fundamental law of the Philippines but also disregards ILO Convention 87 on Freedom of Association and the UN International Conventions on Civil and Political Rights (UN ICCPR).
Nagkaisa looks at SB 1083 and HB 6875 as threats to life and liberty of the Filipino people like what “terrorists” wanted to achieve.
ITUC affiliates studied the two bills and both identical versions expanded the crimes penalized by the original Human Security Act of 2007 (HSA otherwise known as RA 9372). HSA penalized only terrorism and conspiracy to commit terrorism, the two bills aim to penalize a wide smorgasbord of acts.
Nagkaisa looks at the Anti-Terror Bills as ominous and trade union leaders have premonitions of the return of dark days under martial law (after issuance of the Presidential Proclamation 1081 in 1972) which ushered thousands of warrantless arrests, extra-legal killings, police and military abuses, and other terror acts committed against the people of the Philippines.
ITUC and ITUC Asia-Pacific join with the trade unions of the Philippines in holding the view that as regards the fight against terrorism government needs not negate protecting trade union and human rights. Both fighting terrorism and upholding rights are mutually reinforcing goals.
The FFW, KMU, SENTRO, and TUCP are affiliates of the ITUC in the Philippines and manifested strong opposition to the enrolled bill.
The four major trade unions and the Nagkaisa Labor Coalition assailed the Anti-Terror Bill seeking to amend the Human Security Act of 2007 (RA 9372) as unconstitutional and will likely run contrary to the Philippine international trade union and human rights’ commitments.
In their letter to President Rodrigo Duterte dated June 12, 2020, ITUC Secretary General Sharan Burrow and ITUC-Asia Pacific head Shoya Yoshida said they are "extremely concerned" that the Anti-Terror Bill if enacted into law "will further securities, shrink and stifle civic space and rights at work placing workers, trade union activists, and other human rights actors and defenders under even more jeopardy and danger of arbitrary, indiscriminate and baseless attacks, harassment, intimidation, and killings at the hands of the police, the military, and other security agencies."
Nagkaisa also said the assailed bill will highly endanger trade unions and people’s organizations in the Philippines.
Burrow and Yoshida said that "numerous provisions of the bills are in serious contradiction with international law." Both the two ITUC leaders join the Philippine trade unions' call on President Duterte to veto the Anti-Terrorism Bill and subject related legislative enactment to consultations with trade unions.
Nagkaisa said that the anti-terror bill not only runs contrary to the fundamental law of the Philippines but also disregards ILO Convention 87 on Freedom of Association and the UN International Conventions on Civil and Political Rights (UN ICCPR).
Nagkaisa looks at SB 1083 and HB 6875 as threats to life and liberty of the Filipino people like what “terrorists” wanted to achieve.
ITUC affiliates studied the two bills and both identical versions expanded the crimes penalized by the original Human Security Act of 2007 (HSA otherwise known as RA 9372). HSA penalized only terrorism and conspiracy to commit terrorism, the two bills aim to penalize a wide smorgasbord of acts.
Nagkaisa looks at the Anti-Terror Bills as ominous and trade union leaders have premonitions of the return of dark days under martial law (after issuance of the Presidential Proclamation 1081 in 1972) which ushered thousands of warrantless arrests, extra-legal killings, police and military abuses, and other terror acts committed against the people of the Philippines.
ITUC and ITUC Asia-Pacific join with the trade unions of the Philippines in holding the view that as regards the fight against terrorism government needs not negate protecting trade union and human rights. Both fighting terrorism and upholding rights are mutually reinforcing goals.
Nagkaisa Slams Sec Panelo's Recommendation to Affix Presidential Imprimatur to the Anti-Terror Bill! Calls him to take Seriously his job
The Nagkaisa Labor Coalition slams presidential legal counsel Salvador Panelo on his recommendation to give presidential imprimatur on the anti-terror bill.
Sec Salvador Panelo's contention that the constitutional infirmities of the Anti-Terrorism are “misplaced” criticism is misleading and an act of avoiding the main issues. He argued that the members of the Anti-Terrorism Council (ATC) have “the training and competence to establish the existence of probable cause” preliminary to the arrest of a suspected terrorist.
Nagkaisa has no dis-agreement that the ATC might be composed of civilians and lawyers who are members of the Cabinet BUT they are part of the executive department -- not the judicial department which has the authority to issue a warrant of arrest.
The Anti-Terror bill sounds and smells like the Marco's presidential commitment order (PCOs) and executive arrest, search and seizure orders (ASSOs) during martial law.
With all due respect, even if the members of the ATC have been schooled and trained to determine probable cause as defined by law -- they are not judges vested with constitutional authority to determine the existence of a probable cause for purposes of the issuance of a warrant of arrest.
Sec Panelo said the ATC will base its findings on “evidence or proof” to convince them that there is reason to believe that the suspect has committed acts defined under the law to be terroristic.
Why arrogate such power from a judge? It is the big question mark asked the biggest labor Coalition in the country to Sec Panelo.
The anti-terror bill in its present form recklessly gives judicial authority with alacrity to the executive department. And, Sec Panelo has confirmed that indeed the ATC would acquire such judicial power under the assailed bill.
Nagkaisa is of the opinion that an administrative order -- issued by the would-be created Anti-Terrorism Council alone -- is unconstitutional. ATC has the discretion to arrest and detain people on the basis of mere suspicion alone.
Such an executive act alone is clearly an illegal authorization, overreaching the province of the judicial branch. This provision is recklessly drafted and repugnant to the 1987 Constitution!
Sec. 29 of the Bill grants authority to law enforcers to arrest any person suspected of committing any terrorist act and detain him for 24 days at the behest of the ATC alone. This is outside the plenary power of Congress and, therefore, clearly unconstitutional.
Sec Panelo knowingly ignores that Sec. 29 is also repugnant to Article III, Section 2 of the fundamental law. Section 2, Article III of the Constitution states that a search warrant or warrant of arrest can only be issued upon showing of:
(1) a probable cause to be determined personally by the judge, (2) after examination under oath or affirmation of the complainant and the witnesses he may produce, (3) and particularly describing the place to be searched and the persons or things to be seized.
Sec Panelo sidesteps the basic doctrine in Constitutional Law that it is only a judge who may issue a warrant for the arrest of any person.
Penned by Justice Sarmiento in the case of Salazar vs. Achacoso 1(83 SCRA 145) the Supreme Court categorically stated thus –
“x x x it is only a judge who may issue warrants of search and arrest and reaffirming the following principles
“1. Under Article III Sec. 2 of the 1987 Constitution, it is only judges and no other, who may issue warrants of arrests and search;"
Nagkaisa holds that any legislative proposal contrary to any provision of the constitution is null and void. An act of Congress that diverts from the true north -- the constitution -- is not a law; such act confers neither rights nor authority; it imposes no duties. As enshrined in jurisprudence, such "unconstitutional act affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed."
Also, Nagakaisa calls on Sec Panelo not to ignore the constitutional principles of checks and balances. We wish him to take his duty seriously as the enactment of the assailed bill into law is "a clear and present danger" to the life and liberty of ordinary citizens.
Nagkaisa thanks its members as well as those brave women and men belonging to Kalipunan, iDEFEND, PAHRA, Akbayan, Akbayan Youth, Youth Resist, Artikulo 13, PM Coalition, Black and White, The Silent Majority, Tigil-Kontra Mina, among others, who dared the inclement weather and the police threats of arrest in a protest rally, on Independence Day, from the Bantayog ng mga Bayani to the Liwasang Pepe Diokno at the CHR compound, UP Diliman campus.
Sec Salvador Panelo's contention that the constitutional infirmities of the Anti-Terrorism are “misplaced” criticism is misleading and an act of avoiding the main issues. He argued that the members of the Anti-Terrorism Council (ATC) have “the training and competence to establish the existence of probable cause” preliminary to the arrest of a suspected terrorist.
Nagkaisa has no dis-agreement that the ATC might be composed of civilians and lawyers who are members of the Cabinet BUT they are part of the executive department -- not the judicial department which has the authority to issue a warrant of arrest.
The Anti-Terror bill sounds and smells like the Marco's presidential commitment order (PCOs) and executive arrest, search and seizure orders (ASSOs) during martial law.
With all due respect, even if the members of the ATC have been schooled and trained to determine probable cause as defined by law -- they are not judges vested with constitutional authority to determine the existence of a probable cause for purposes of the issuance of a warrant of arrest.
Sec Panelo said the ATC will base its findings on “evidence or proof” to convince them that there is reason to believe that the suspect has committed acts defined under the law to be terroristic.
Why arrogate such power from a judge? It is the big question mark asked the biggest labor Coalition in the country to Sec Panelo.
The anti-terror bill in its present form recklessly gives judicial authority with alacrity to the executive department. And, Sec Panelo has confirmed that indeed the ATC would acquire such judicial power under the assailed bill.
Nagkaisa is of the opinion that an administrative order -- issued by the would-be created Anti-Terrorism Council alone -- is unconstitutional. ATC has the discretion to arrest and detain people on the basis of mere suspicion alone.
Such an executive act alone is clearly an illegal authorization, overreaching the province of the judicial branch. This provision is recklessly drafted and repugnant to the 1987 Constitution!
Sec. 29 of the Bill grants authority to law enforcers to arrest any person suspected of committing any terrorist act and detain him for 24 days at the behest of the ATC alone. This is outside the plenary power of Congress and, therefore, clearly unconstitutional.
Sec Panelo knowingly ignores that Sec. 29 is also repugnant to Article III, Section 2 of the fundamental law. Section 2, Article III of the Constitution states that a search warrant or warrant of arrest can only be issued upon showing of:
(1) a probable cause to be determined personally by the judge, (2) after examination under oath or affirmation of the complainant and the witnesses he may produce, (3) and particularly describing the place to be searched and the persons or things to be seized.
Sec Panelo sidesteps the basic doctrine in Constitutional Law that it is only a judge who may issue a warrant for the arrest of any person.
Penned by Justice Sarmiento in the case of Salazar vs. Achacoso 1(83 SCRA 145) the Supreme Court categorically stated thus –
“x x x it is only a judge who may issue warrants of search and arrest and reaffirming the following principles
“1. Under Article III Sec. 2 of the 1987 Constitution, it is only judges and no other, who may issue warrants of arrests and search;"
Nagkaisa holds that any legislative proposal contrary to any provision of the constitution is null and void. An act of Congress that diverts from the true north -- the constitution -- is not a law; such act confers neither rights nor authority; it imposes no duties. As enshrined in jurisprudence, such "unconstitutional act affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed."
Also, Nagakaisa calls on Sec Panelo not to ignore the constitutional principles of checks and balances. We wish him to take his duty seriously as the enactment of the assailed bill into law is "a clear and present danger" to the life and liberty of ordinary citizens.
Nagkaisa thanks its members as well as those brave women and men belonging to Kalipunan, iDEFEND, PAHRA, Akbayan, Akbayan Youth, Youth Resist, Artikulo 13, PM Coalition, Black and White, The Silent Majority, Tigil-Kontra Mina, among others, who dared the inclement weather and the police threats of arrest in a protest rally, on Independence Day, from the Bantayog ng mga Bayani to the Liwasang Pepe Diokno at the CHR compound, UP Diliman campus.
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