But the Arroyo government, which had once called protesting workers as “terrorists,” refused to recognize the KMU complaints regarding the killings and enforced disappearances. In true “in denial” mode, as UN Special Rapporteur Philip Alston previously described the government’s response to the extrajudicial killings in the country, the DOLE was in denial about the ILO high-level mission’s goal to probe the impunity of killings and rights violations of workers and union activists.
Although DOLE admitted that some of the killings may be “possibly labor-related,” it still has not categorically denounced these. Neither has it issued warnings against abductions and imprisonment of workers and unionists based on trumped-up charges.
“A statement at the highest level of the government instructing all government actors to make special efforts to ensure that their actions do not infringe upon the basic civil liberties of trade unionists could go a long way in reassuring the workers that have brought their complaints to the ILO,” the mission said in a statement.
Doumbia-Henry said a clear declaration that the government “does not condone” human-rights violations and killings of workers “will help clarify allegations of the impunity” of abductions, harassment and extrajudicial killings of laborers.
Law Covers All
Regarding the oft-repeated complaints of workers in special economic zones about the unwritten “no-union no strike” policy in the zones, Doumbia-Henry said that it is clear all labor rights – including the rights to organize and to have a collective bargaining agreement — apply in these so-called eco-zones. “There is no such thing as a special labor law in eco-zones,” she said.
Karen Curtis, deputy director of the ILO International Labor Standards Department, said they have been informed about this “no-union no strike” policy. “The Philippine Labor Code applies to special economic zones,” she affirmed, adding that “in practice, the government should ensure that workers in special economic zones are enjoying these laws.”
About the assumption of jurisdiction clause in the workers’ right to strike, Curtis said it has been the subject of long-standing dialogue between ILO and the government. She says there is need to amend current Philippine labor laws pertaining to assumption of jurisdiction. “Strike is one of the basic trade union rights that workers should be able to enjoy,” Curtis said, adding assumption of jurisdiction should be used “not in limiting way.”
This clause is often invoked by the labor department to intervene during a strike, citing national interest. Once it is imposed, according to labor unions, the strike could be deemed illegal, especially if the workers do not go back to work, which often follows an assumption of jurisdiction.
The ILO team refused to directly comment on the KMU’s complaint that it had been a victim of red-baiting by the government, exposing their officials and members to attacks. But Doumbia-Henry pointed out that “basic human rights apply to all. We should never compromise on that.” (Bulatlat.com)
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