RPST: “WORKERS AND UNION RIGHTS… STILL BEING VIOLATED AND IGNORED”

PRESS RELEASE
27 August 2016

“WORKERS AND UNION RIGHTS… STILL BEING VIOLATED AND IGNORED”

Since Labor Secretary Silvestre Bello III took office last July, he has issued several memorandums to DOLE officers to strictly implement labor law compliance. This is in accordance to the directives of President Rodrigo R. Duterte to protect the interests and welfare of the Filipino working class, both at home and overseas.

To this end, on July 15th Bello convened the Department Of Labor and Employment (DOLE) directors and heads of agencies for a workshop to address the contractualization issue. Bello subsequently stated in a July 19th order that “DOLE is not allowing the use of short-term employment contracts, whether these are through direct hiring by employers/principals or through contracting out, that is contrary to the provisions of the law.”

On July 25, Bello issued another memorandum saying that DOLE is determining how to reduce “endo” practice by 50 percent this year. He said the goal to reduce the number of establishments that are practicing “endo” is part of the Department’s effort to realize the plans of Pres. Rodrigo R. Duterte to abolish the unlawful contractualization scheme, which he described as an unfair labor practice as well as a tool for the exploitation of Filipino workers.

The President himself has warned company owners practicing “endo” in the country.

In his speech during the Parish Pastoral Council for Responsible Voting in Malacanang last August 5, President Duterte said, “I’m telling this to you. I’m just issuing a warning. You choose: Stop contractualization or I kill you. You know why? I can utter things like that. I am [the] President. I have immunity. I can summon you. I will shoot you [and order] ‘Bring him to the funeral parlor. You’re making me angry.’’

But the strong warning of the President seems to land on deaf ears. Why?

As of this writing, the Center for People’s Media (CPM) gathered several cases of harsh treatment of employees by their employers.

According to a recent Facebook posting by Julie Alipala last August 23, the Koronadal Commercial Corporation (KCC) Mall in Mindanao continues to violate certain worker rights.

“Listening to Brigada news under Nonong Santiago where salesladies, cashiers narrated labor related abuses committed by KCC officials. Bibigyan ka ng panty, bra, uniform tatak #KCC tapos deducted sa sweldo, kinakapkapan pati mga maseselan at pribadong bahagi ng kanilang katawan. Pag di ka nakagamit ng #KCC underwear, you are automatic absent or deduction sa sahod. Worst, their PhilHealth and SSS ay hindi nireremit ng management. Some worked for 9 months pero lahat sila contractual,” reads the post.

Another harassment and abuse case was recently experienced by a saleslady in Landmark, Trinoma, Quezon City. “Marie Anne” (not her real name) alleges she was threatened by her manager to end her contract just because she failed to purchase an item she apparently reserved.

“Nag reserve po ako nang item na dapat ay bibilhin ko nung araw na iyon (August 18, 2013) ngunit sa kadahilanang kapos sa oras, hindi ko na nagawang bilhin kaya po nung pagdating ko sa trabaho hawak na nang manager ko yung item nay un. Kinausap nya ko na mali at bawal ang ginawa ko,” Marie Anne narrated to Center for People’s Media.

Marie Anne said, she is still willing to pay for the item, but her manager concluded otherwise.

“Nag-usap kami ng manager ko, pero ang pinalalabas nya eh nanakawin ko yung ni-reserve ko. Kaya ang gusto nyang mangyari, tapusin na ang kontrata ko agad. Marami na syang nagawan ng ganito gaya sa akin. Dinadaan nya sa pagtataray, ipipilit nya yung gusto nya at kung magpaliwanag ka, hindi ka nya papakingan,” Marie Anne said.

The workers of Yokohama Tires Philippines, Inc. in the Clark Free Zone, Mabalacat City, Pampanga are yet another target of unfair labor practices, claims union member Alex, who refused to be identified for fear of losing his job.

According to Alex, before the union was recognized as the sole and exclusive bargaining agent of Yokohama Philippines by winning the Certification Election (C.E) in August of 2015, at least five of their union officers were harassed and terminated without due process. Until now the case is pending in the National Labor Relation Commission (NLRC).

“Nalaman kasi ng management na yung isang opisyal namin ang namuno para mabuo ang unyon, kaya lumabas yung bribery issue. Binigyan siya ng memo tapos after one week termination,” Alex said.

Alex is lucky he is still in the company, unlike “Nap” who was a contractual employee through an agency, the Consolidated Building Maintenance, Inc. (CBM) as a delivery pizza for 13 years, without ever becoming regularized. Worse still, after 13 years of labor, his service was terminated together with 19 other contractuals.

“Sinubukan po kasi kaming tulungan ng Philippine Pizza Inc. Employees Union (PPIEU) na mag file ng case for regularization, pero imbis na bigyan pansin ito ng management at ng DOLE, dismissal ang aming nakuha,” Nap said.

Nap says the union is attempting to bargain with the Philippine Pizza Hut Inc., owned by the Araneta family, for around 300 remaining contractual workers of the CBM agency to become permanent employees. Thus far their effort had been denied.

These are just a few of the cases CPM has witnessed, and there are many more Filipino workers who have suffered the similar fates.

The question we must ask is, how long must workers wait to be recognized as permanent employees and given their rights as stated under the Philippine Labor Code, so recently affirmed by Labor Secretary Silvestre Bello III and President Rodrigo R. Duterte? END

https://www.facebook.com/centerforpeoplesmedia/posts/1781205558830461

RPST: WORKERS RESTLESS AS CAMPAIGN PROMISE TO ABOLISH CONTRACTUALIZATION STILL NOWHERE IN SIGHT

Beyond Human Rights

I

As Leftists, how should we approach the struggle for human rights? Currently we live in a society where killings have become the norm. Anybody can just kill, as long as he is in a possession of a marker and a cardboard. Likewise, anybody can just be killed.

Sectors of the Philippine Left have so far led the staunchest opposition to the killings. As early as July, the coalition In Defense of Human Rights and Dignity Movement or iDEFEND was formed. iDEFEND describes itself as "a coalition of non-government organizations, people’s organizations, individual HRDs, human rights lawyers, religious sector and members of the academe." 

Leading Filipino intellectual and iDEFEND leader Walden Bello has provided the clearest theoretical guide on how to struggle for human rights in his article "An Administration in Search of an Opposition," which was originally published in the Rappler.

This piece is meant to comment on Bello's "An Administration in Search" essay, and proposes a different view on how the Radical Left can effectively struggle for human rights under Duterte's killing regime.

II

According to Bello, human rights should be defended because these are the foundation for all other sorts of rights. Without recognition of such "basic" rights as the right to life, freedom, and due process, the attainment of other rights such as the right to be free from poverty and to a life with dignity cannot follow.

Accordingly, Bello said an Opposition movement to Rodrigo Duterte should come from the position of defending human rights. In his condluding words, "a strong opposition based on the defense of universal human rights is the best way to ensure the future of Philippine democracy."

There are a number of potential problems with this formulation, especially from the standpoint of an openly radical Socialist and anti-Capitalist politics. But then, this is perhaps precisely the first point of divergence.

In his writings, Walden Bello often champions progressive values in front of a broad political audience. Even in his essential work on political economy, The Anti-Development State, Bello has avoided talking directly about Socialism. This is understandable, considering that even in his Rappler piece, Bello argues that even concepts supposedly as basic as "human rights" are far removed from the Filipino consciousness. How much more socialism? Thus, even while critiquing the neoliberal economic framework of Capitalism, Bello's recommendations end up taking the form of pro-"Economic Development" and "Democracy" rhetoric.

But we all understand that economic development under Capitalism is economic development only for the ruling elites. And a formally "democratic" (neo)liberal regime cannot guarantee an appreciation for human rights among the public. Something else is needed.

III

But perhaps the key difference between the Bello formulation and other radical Leftist assessments is one around the notion of universality and the supposed inherent sacredness of "human rights." Bello appears to approve of this latter type of formulation.

A radical Leftist take on this question can go like this:

Human rights are not innate or universal or true at all times and at all places. They do not in fact belong to human beings just by the mere fact of being born. Human rights are not attributes belonging to human beings which the community is then encouraged to observe and respect.

Rather, a more effective use of the concept would be to present human rights as exhortations for each and every single member of society to recognize -- and struggle for -- the betterment of their fellow members in society.

Formulated this way, we do not have "innate" rights. What we have is a promise -- or a conviction -- that the community will be able to provide us with a world that will allow each of us to reach our full potential as human beings. But what guarantees this promise is nothing else than the social and political order we have built for ourselves to realize these very goals.

Without a society that guarantees the betterment of each and every single member, no human rights can exist. And without a politics that allows us to distinguish the oppressor and the oppressed in society, no human rights consciousness can advance.

At present, this politics is the politics of Socialism.

IV

Thus, a more effective human rights campaign in the country can be carried out with a reinvigoration of radical Leftist politics. This is the sort of politics that will categorically state that the achievement of life's fullness under Capitalism is a dead end.

Given that the overwhelming characteristic of the Philippine society is grave economic inequality, a meaningful struggle for human rights must place poverty – by the destruction of the capitalist order which  propagates this inequality – at the forefront of its agenda.

What actually killed any appreciation of human rights in this country is the mass poverty that our people suffer day by day. In a society where poverty riots, people will not value life. In such a society, life is in fact cheap. That the mass of Filipinos do not find the daily loss of life alarming speaks directly of the value of life to them. In a situation of mass poverty and misery, what difference would it make if some scalawag that has taken a bit of drugs will be gunned down by the police, when people who don't do drugs don't have much of a life to show for anyway?

In struggling for positive rights -- the main content of Socialist politics -- we can most effectively give life to the notion of human rights. From a strategic standpoint, this would also make more sense to the Filipino masses as it speaks more closely to their own day-by-day concerns. Instead of telling them to recognize such a grand concept as “human rights,” we can show them that the very struggle for a decent wage, for regular employment, for land reform, for an end to discrimination -- constitute the very best promise of the human rights concept.

Besides, arguing only for fundamental rights makes the Left no different from bourgeois liberals who campaign just as tirelessly as the Left in this arena. And yet, as Bello himself said in a recent interview with Jacobin Magazine, the Left should exercise caution not to fall into the trap of being led by the traditional bourgeois elites in being in opposition to Rodrigo Duterte.

Already, we are seeing the increasing voice of entities like the Church, the New York-based Human Rights Watch, and, sadly, the Americans and other international "human rights groups" – actors who have not uttered a peep about the mass social inequality that has plagued our country for years. (Indeed, actors who may have directly or indirectly contributed to our society's present state.)

The proposal is thus to aim for a socialist society where poverty is not the overruling factor that determines an individual's life, where one can attain not only the dignity of living as, but also living with fellow human beings whose lives are not determined by the contingencies of want. Hopefully, by this, we can revive a new struggle for Socialism.

Indefinite ceasefire between the Communist Party and the Philippine government

According to Norway, the Communist Party, through its negotiating arm, the National Democratic Front, has signed a ceasefire agreement with the government "for an indefinite period."

According to their press release:

"Among the most important points that have been agreed is that both parties will implement a unilateral ceasefire for an indefinite period. This has never before been achieved in this peace process and is regarded as a major breakthrough."

There is supposed to be a joint statement after this round of peace talks that will come out later.

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Full Text:

Breakthrough in Philippine peace process

‘In the course of a few days, the parties in the Philippine peace process have reached agreement on issues that have blocked progress for many years. The agreement to recommend amnesties and a ceasefire is a breakthrough. It is also of crucial importance that the whole of the communist movement National Democratic Front of the Philippines is now represented here in Oslo,’ said Minister of Foreign Affairs Børge Brende.

Norway has hosted formal peace negotiations between representatives of the Philippine Government and the communist movement National Democratic Front of the Philippines (NDFP) in Oslo this week. These talks marked the start of formal peace negotiations under the new Philippine Government.
Today, the parties signed a historic joint declaration. They have reached agreement on all the points on the agenda for this round of negotiations. They have confirmed previous agreements and renewed an agreement that will ensure immunity and security for key NDFP representatives so that they can take part in the continued negotiations.
Among the most important points that have been agreed is that both parties will implement a unilateral ceasefire for an indefinite period. This has never before been achieved in this peace process and is regarded as a major breakthrough. The authorities’ peace panel will urge the President to grant an amnesty for all political prisoners with links to the NDFP, subject to Congress approval.
‘I would like to congratulate the parties, who have shown considerable flexibility and the desire to achieve this important joint declaration. The intentions behind the declaration, combined with the constructive negotiation climate, will form the basis for further peace talks,’ said Mr Brende.
The parties have agreed to speed up the peace process, and aim to reach the first substantial agreement on economic and social reforms within six months. They plan to follow this up with an agreement on political and constitutional reforms, before a final agreement on ending the armed conflict can be signed.
The conflict between the Government and the communist movement NDFP has lasted for 47 years, and peace negotiations have been held intermittently for 30 years. Norway has been a facilitator for the peace process since 2001. The last formal round of negotiations took place in Oslo in 2011.

http://www.norway.ph/news/Events/Breakthrough-in-Philippine-peace-process/#.V8DpSdEkrIU

REPOST: Statement Against Attacks on Women's Dignity

In a low-handed attempt to derail investigations into the killing of suspected drug peddlers and dependents in the country, President Duterte has accused Senator Leila de Lima of being immoral, an adulterer, with links to the illegal drugs trade. The President is especially scathing in his attacks on women critics. Not only does he hurl accusations left and right as if there are no laws on evidence governing this country, accusations against women are also painted with personal malice—something you don’t hear against male critics. Demonstrating a conduct unbecoming of a head of state, indeed, strutting like a common brute, a bully, the President resorts to name calling when he should be presenting legal arguments and facts to support his policies.
Why does he find it necessary to readily label critics before giving proof? He does it to put opposition figures in a box where he could render them not human- when labeling critics as immoral or adulterous or drug suspects, it removes their dignity, their humanity. In the eyes of society, they become a social disease that needs to be eradicated. So follows soon after, critics also become victims of the heinous crime of murder. We know too well from the labeling of Jews by the Nazis, Tutsis as “cockroaches” in Rwanda, even activists as communists by the late dictator Marcos, results the familiar massacres and other crimes against humanity. Duterte starts with unsubstantiated accusations that end in cardboard signs. We are thus gravely alarmed that if this accusations are the kind of intelligence dirty data requested and used by the President to malign and destroy his critics, what sort of harmful information is gathered and passed on regarding drug suspects to the rank and file of the PNP and/or to the local government officials and personnel to justify EJKs, as well as intensify a coercive environment and a culture of fear.
As more people begin to question his methods we expect more tirades and threats from this man. But what will go down in history are the courageous women and men that speak out against this administration’s excesses-- at the frontline are Senator de Lima and Chief Justice Sereno. iDEFEND extols their example and stand with them amidst overwhelming adversity, amidst attacks by no less than the President himself. We stand with them in the deafening silence of the rest of society. We dedicate to them these words that gave meaning to the struggle of a generation against Martial Law, by the late Lean Alejandro: “In the line of fire is a place of honor”. Mabuhay po kayo at maraming salamat po.
___________________________________________________________
In Defense of Human Rights and Dignity Movement (iDEFEND) is a growing broad coalition of non-government organizations (NGOs), people’s organizations (POs), individual HRDs, human rights lawyers, religious sector and members of the academe which came together to defend and assert human rights for all.

http://www.philippinehumanrights.org/news/11-statements/8-statement-against-attacks-on-women-s-dignity

Bahagi ba ang Drug War sa adyenda ng Usapang Pangkapayapaan?

Magsisimula ulit ngayong linggo ang usapang pangkapayapaan sa pagitan ng gobyerno at ng Communist Party of the Philippines -- ang Leftist na grupo na may pinakamalakas na organisasyon sa Pilipinas. Ito'y dahil matapos ang maiksing panahon ng bangayan ni Joma Sison at ni Duterte, pinalaya ng pangulo ang mga bilanggong pulitikal na mga kasama ng CPP. Malapit sa CPP ang isyung ito, lalo pa't sinasabing may ilang matataas na lider ng grupo ang kabilang sa mga dating nakakulong.

Ayon sa isang praymer na inilabas ng Bagong Alyansang Makabayan (Bayan), ang usapang pangkapayapaan (peace talks) umano ay "naglalayong tapusin ang armadong tunggalian na nagaganap sa buong Pilipinas sa pagitan ng [gobyerno] at NDFP." Sa bahagi umano ng NDF, "ang pangunahing hakbang para sa pagtigil ng armadong labanan ay paglutas ng mga batayang suliranin ng mamamayan upang magkaroon ng tunay na pagbabago sa lipunan."

Sa puntong ito, kabilang sa mga pag-uusapan ngayong linggo ay ang "socio-economic reforms" at "political and constitutional reforms." Ang pinaka-layunin nito ay ang matapos na sa wakas ang laganap na kahirapan sa bansa.

Ngunit ang "social and economic reforms" ay isang masaklaw na usapin. Bahagi nito ang mga isyung pumapatungkol sa kahirapan, kagutuman, trabaho, kawalan ng lupa at tirahan, militarisasyon at iba pa. At bahagi rin nito ang usapin ng Karapatang Pantao -- isang isyu na kailanman ay hindi kinilala ni Pangulong Rodrigo Duterte.

Ang centerpiece ng programang pang-goberyno ni Duterte ay ang Gyera Kontra Droga. Sa mga nakaraang buwan ng malawakang paglulunsad ng kampanyang ito, tila ang mga pinaka napuruhan ay ang libo-libong mahihirap na Pilipino. Daan-daan na sa kanila ang namatay -- marami rito sa mga hindi malamang sirkumstansya.

Magiging bahagi kaya ng usapang pangkayapaan sa pagitan ng gobyerno ni Duterte at ng CPP-NDF ang isyu ng Drug War? Igigiit kaya ng NDF na kailangang maghinay-hinay ang kapulisan sa pamamaslang? At kung igiit nila ito, papayag kaya si Duterte? Sa ngayon ay may ilang posibleng scenario:

• Hinding-hindi papayag dito si Duterte. At dahil sa prinsipyadong pananaw ng NDF sa usapin ng Human Rights, hindi tulad ni Duterte, ikatitigil nito ang peace talks.

• Hindi papayag si Duterte, ngunit ipagpapatuloy pa rin ng NDF ang alyansa sa kanya at tutuloy-tuloy lamang ang peace talks, basta't hindi na muling pag-uusapan ang droga. Maaaring isipin ng NDF na tutal, mukhang aprubado naman ng masa ang Gyera Kontra Droga, kahit na marami na ang nalalabag ang pantaong karapatan, kahit ang ilan pa rito'y napagkamalan lang.

Matatapos ang unang bahagi ng muling pagbubukas ng peace talks matapos ang sampung araw. Abangan ang susunod na kabanata.

REPOST: 2nd quarter growth weakest in five election years: Bold new economic policies needed

Research group IBON said that the 7.0% growth in the second quarter of 2016 and 6.9% growth in the first semester are the weakest in the past five election years and challenge the Duterte administration. Bold changes in economic policies are needed to achieve sustained higher growth, said the group.
According to IBON, the growth rates in gross domestic product (GDP) so far this year compare poorly with previous election years. Second quarter growth this year is lower than in 2013 (7.9%), 2010 (8.9%), 2007 (7.6%), and 2004 (7.7%). First semester is also lower than in 2013 (7.7%), 2010 (8.7%), 2007 (6.9%), and 2004 (7.5%). This indicates weaker economic fundamentals that weakened the overall impact of the election spending stimulus.
IBON added that the second quarter growth results virtually confirm the country’s economic slowdown and whole year 2016 growth is likely to be slower than the recent peak of 6.9% growth in 2013. The economy has to grow by at least 7% until the end of the year to even just match its performance in 2013. But post-election quarterly growth is usually markedly slower and there have only been two election years in the post-Marcos period, in 1995 and 2001, when growth accelerated rather than slowed, the group noted.
Recent relatively rapid economic growth has not made much of a dent n the country’s high joblessness and chronic poverty. The prospects for the majority of Filipinos can only worsen with slowing growth, IBON warned.
Farmers and fisherfolk have it worst off, the group observed. The agriculture sector has already been losing some 73,000 jobs yearly over the course of the Aquino administration and this is down to just 11.3 million. Comparable employment data for the year so far is not available but the negative 3.3% agricultural growth in the first semester could mean over a hundred thousand jobs more lost, according to IBON.
The group stressed that the Duterte administration and its economic team needs to take the long view. Beyond mere quarter on quarter or even year on year figures, the economy remains on a trajectory of exclusionary growth and underdevelopment. The administration has a convincing electoral mandate and has often expressed its bias for the poor and being unafraid of foreign and domestic elites.
These need to be reflected in a bold economic program that breaks land monopolies, gives substantial support to agriculture and rural development, and unleashes farmer productivity, said IBON. It also needs national industrialization. This means actively building and supporting Filipino industry even if this unsettles domestic oligarchs and will be opposed by foreign investors preventing the rise of Filipino industrial competition. These are needed for sustained higher growth that improves the lives of millions of Filipinos, the group said. ###

http://ibon.org/2016/08/2nd-quarter-growth-weakest-in-five-election-years-bold-new-economic-policies-needed/