Guidelines on the Exercise of Workers' Rights

After a series of national and regional consultations, the guidelines on the conduct of concerned government agencies in relation to the exercise of workers’ rights and activities was officially signed on May 7, 2012 at The Bayleaf, Intramuros, Manila.

The guidelines, officially known as the “Guidelines on the Conduct of the DOLE, DILG, DND, DOJ, AFP and PNP Relative to the Exercise of Workers’ Rights and Activities”, prescribes the official conduct of the members of the Armed Forces of the Philippines, including the CAFGU Active Auxiliaries and Special CAFGU Active Auxiliaries, Philippine National Police and the Baranggay Tanod relative to the exercise of workers’ right to self-organization and collective bargaining.

It seeks to address obstacles to the effective exercise of trade union rights and violence against trade unionists, including allegation of militarization of workplaces and impunity in the Philippines which, according to International Labor Organization, take place in the Philippines.

In 2009, the ILO noted that the Philippines had issues and gaps, in law and in practice, in the application of International Labor Standards: Those relating to violence, intimidation, threat and harassment of trade unionists and an absence of conviction in relation to those crimes; and Obstacles to the effective exercise of trade union rights. Included in these issues are the allegations of harassment, intimidation, enforced disappearances, extrajudicial killings and militarization of the workplaces by the military and police forces.

The Guidelines, which is an offshoot of the Manifesto of Commitment signed by DOLE, Armed Forces of the Philippines and labor groups, seeks to address the issues with the end view of “promoting and protecting human rights and workers’ rights at all times in pursuit of lasting peace based on social justice.” 

Promoting Workers' Rights

In a bid to intensify efforts to promote and protect the fundamental rights of workers, the Department of Labor and Employment, Philippine National Police and labor groups sign a Manifesto of Commitment outlining future actions and commitments to ensure observance of International Labour Standards and trade union rights.

The Manifesto articulates the commitments of DOLE, PNP and the labor sector “to promote and protect human rights and workers rights at all times in pursuit of lasting peace based on social justice.”

It also articulates the commitment of the parties to conduct social dialogue to “ensure observance of the Joint DOLE-PNP-PEZA Guidelines in the Conduct of PNP Personnel, Economic Zone Police and Security Guards, Company Security Guards and Similar Personnel During Labor Disputes; establish a mechanism to allow the joint implementation and monitoring of the Guidelines; support initiatives for justice system reforms to facilitate the resolution of alleged extra-judicial killings, specifically to strengthen forensic investigations; and conduct joint activities to achieve the goals of the Manifesto.”

The Guidelines, signed on May 23, 2011, officially prescribes the conduct of the members of the PNP, economic zone police and security guards, company security guards and similar personnel, including concerned government agencies, during strikes, lockouts, picketing and other labor disputes. It seeks to promote public interest and safety, industrial peace and stability, and ensure that the right to peaceful picketing, strikes and concerted activities by workers and lockout by employers is respected at all times.

Signatories to the Manifesto are Sec. Rosalinda Dimapilis-Baldoz and former DOLE Undersecretary now POEA Administrator Hans Leo Cacdac for the DOLE, Police Director General Nicanor Bartolome and P/Sr. Supt. Gregorio Pua for the PNP, and representatives from the Trade Union Congress of the Philippines, Federation of Free Workers, Alliance of Independent Hotel and Restaurant Workers Union, Pambansang Diwa ng Mangggawang Pilipino, National Confederation of Labor, Association of Genuine Labor Organization, National Federation of Labor Unions, Lakas ng Manggagawa Center, and Bukluran ng Manggagawang Pilipino for the labor sector.

Signatories to the Manifesto also committed to “actively sustain and conduct joint orientation in the national, regional and provincial level, together with other relevant partners, to raise the awareness of all government and non-government sectors towards consciously adhering to and abiding with the provisions of the Philippine Constitution, Labor Code of the Philippines, United Nations Universal Declaration of Human Rights, International Labor Standards, particularly ILO Convention Nos. 87 and 98, International Humanitarian Law, and other international treaties, accords and instruments where the Philippines is a signatory.”

The Manifesto was signed during the Summit on the Protection and Promotion of Workers’ Rights held on Dec. 6, 2011 at the Bayleaf in Intramuros, Manila, and organized by the Bureau of Labor Relations.

Whatever Happened to Karnation 20?

Whatever happened to the case of Karnation 20 whose members until now are still fighting for justice? I had a little idea about this case until I came across the website of the Center for Trade Union and Human Rights, a labor NGO based in Quezon City. The organization has been seeking support for the workers to be acquitted.

As a backgrounder, the case is about a group of workers a.k.a. Karnation 20 that was arrested and jailed after allegedly padlocking and barricading the company premises of Karnation Industries and Export Inc. a company that manufactures home decors and accessories. The strike allegedly prohibited other employees from going outside the company and this prompted the company to file a charge of serious illegal detention against the striking workers. It happened in 2007 and until now the case is still unresolved. Sadly, two (2) of the workers have already died in prison due to tuberculosis and other health complications.

To secure their temporary liberty, some of the accused posted bail for the amount of 60,000. Complainant, however, moved to increase the bail from 60,000 to 80,000 to which the court (RTC Branch 80, Morong, Rizal) granted. Accused had no choice but to post an additional 20,000 although they moved to set aside the order for the bail increase. On 25 July 2011, however, the judge denied with finality the motion and gave the accused until 31 December 2011 to post the additional 20,000 bail.

The latest update is that twelve (12) of the accused were able to post the additional P20,000 bail before the date set by the court while two (2) of them have yet to post the additional 20,000 bail. Trial is still ongoing and it seems that, for the members of Karnation 20, seeking justice is still far from over.