KCTU Intervention paper on violation of ILO Convention 87

We are posting the intervention paper presented by Bro. Lee Changgeun, International Executive Director of the Korean Confederation of Trade Unions regarding the violation of ILO Convention 87 filed by the Kilusang Mayo Uno before the International Labor Organization against the Philippine government with Gloria Macapagal-Arroyo serving as the main respondent.

Intervention on Philippines case, C.87

Lee Changgeun, Korean Confederation of Trade Unions

Thank you, Chairperson

Firstly, I would like to focus on the serious violation against the right to freedom of association in the Export Processing Zones in Cavite, Philippines.

There are about 254 operating companies at Cavite Export Processing Zones. Out of them, 108 companies are owned by Korean investors and 79 companies by Japanese. In principle, the Labour laws could be applied to workers at Export Processing Zones. However, in practice, trade union activities are seriously discouraged and suppressed in this zone.

There have been many cases where workers have been dismissed only because of forming or joining a union, or taking union action. Employers have refused to recognise unions, refused to negotiate, or have set up their own "yellow" unions. According to the local labour group of Workers Assistance Center(WAC), no less than 21 unions it has organized inside the Cavite Export Processing Zone have reportedly succumbed to union busting efforts by employers. No less than 11,000 workers lost their jobs, were forced to take leaves of absence, harassed, charged or arrested to deny them the rights to freedom of association.



In this regard, Mr. Chairperson,

Let me introduce a symbolic case which clearly shows the serious situation of workers at the Cavite Export Processing Zones. That is the Chong Won Fashion Trade Union case. Korean investor is operating this firm. Since the workers voted overwhelmingly in August 2004 to support the union of Nagkakaisang Manggagawa sa Chong Won - Independent(NMCW-Ind) as their sole bargaining agent, management has engaged in a campaign of systematic harassment, intimidation, and retaliation against the said union leaders and members.


According to the leaders of the said union, they claimed that in the eve of their certification election (CE) in August 2001, the management even circulated an announcement that if the union prevails, their buyers will back out and they have no choice but to shutdown the factory and therefore the workers would lose their jobs.

More seriously, when 200 members of the said union formed a peaceful picket in front of the workplace on September 2006, the Production Manager brought in around 20 Philippines Export Zone Authority(PEZA) police officers, and 50 security guards from the Jantro security company. Despite lacking any authority under law to do so, the Export Zone Authority police ordered the Jantro security guards to disperse the strikers forcibly with guns, bamboo clubs while the workers had none and it resulted in 40 workers injured.


Under the existing guidelines on strike, police and guards are prohibited from positioning themselves in proximity to the 50-meter away from the picket line. Also, the union members having complied with the legal procedures for the strike and that they cannot be dispersed in absence of a lawful order. Therefore there was no legal base or reason to justify the interference in the picket line by the authority and the police.


At this point, Mr. Chairperson, I would like to emphasize the responsibility of the government concerned for the lack of its willingness to promote the favourable environment for workers to exercising trade union rights. Instead of it, the government and relevant authorities try to block organising and exercising trade union rights by maintaining a "union free, strike free" policy in the Export Processing Zones.


According to interview with workers in the said zones, "the labor code is useless because it is not followed by the employer." Furthermore, they see no concrete government programs and services that address their problems and issues as workers.

In this regards, it should be pointed out that according to the OECD Guidelines for Multinationals and the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy(adopted by the ILO Governing Body of the ILO in November 1977), the government should not restrict the workers' right to organize in order to attract foreign investment.


Therefore, I urge the government of Philippines to take concrete actions to prevent labour rights abuse in EPZs.

Lastly, Mr. Chairperson,

Let me finish my comments with my brief observation on this year's report of Experts Committee. For the last weeks, I looked at the report closely and then I could find several cases of the allegation of killings of trade unionists including Colombia, Zimbabwe and Philippines. On all those cases of the allegation of killings, the Experts Committee made the same recommendations as the following. 'The Experts Committee has, on numerous occasions, stressed the interdependence between civil liberties and trade union rights emphasising that a truly free and independent trade union movement can only develop in a climate of respect for fundamental human rights.' Subsequently, the Committee points out that workers, without distinction whatsoever, should have the right to freedom of association in a climate that is free from violence'.

Mr. Chairperson,


I firmly believe that Filipino workers also, whatever political opinions they have, should have the right to freedom of association and more fundamentally right to live free from any types of violence.

According to the Center for Trade Union Human Rights report, more than 800 people were killed including among them about 80 trade union activists in Philippines. Therefore I strongly urge the government of Philippines to take immediate actions to put an end to extrajudicial killings and all forms of violence against the trade unionists and to immediately take concrete measures to launch investigation on the cases of killings in a very impartial and independent way.

Under this line, I am urging the government of Philippines to show its firm commitment to proceed with the actions recommended by this Committee with willingness through immediate release of Bro. Chrispine Beltran, former President of KMU and other union leaders.



Thank you for your attention