[WAC news alert] Wal-Mart still equally accountable; gross labor rights violation on
Workers' Assistance Center
18 November 2006
Wal-Mart still equally accountable; gross labor rights violation on
After US retail giants, including Wal-Mart, signed a joint letter
expressing deep concern over violence against workers on strike inside
the Cavite Export Processing Zone (CEPZ), substantial progress, if
there would be any, are yet to be seen by the workers on strike to
arrest their desperate plight.
Even as Wal-Mart has expressed concern and asked the government to
"take pro-active measures" to ensure that rights of the workers are
protected, their supplier-Chong Won Fashion, Inc. (CWFI)-still
declines to cooperate. To date, they refused to begin negotiation for
the collective bargaining agreement (CBA), refused to reinstate workers
it terminated, continued on harassing picket line and often effects
food blockade.
While the workers on strike acknowledge the Wal-Mart's actions, they
reiterate it remains equally accountable for the continued illegal acts
of their supplier-by which Wal-Mart claimed to have not encourage.
Wal-Mart's Code of Conduct "ensure that workers at all its
suppliers be provided with a wide range of basic rights".
This, however, is being violated by Chong Won and Wal-Mart may have not
done enough to pressure their supplier to comply with it. Amongst the
defiant acts Wal-Mart's supplier committed its refusal to honor the
final and executory ordered by the Secretary of the Department of Labor
and Employment's (DoLE) to begin negotiation for CBA.
There cannot be respect to basic rights if workers who are demanding
for an increased pay, improved benefits, humane working condition, and
to assert their rights to self-organize are being subjected to violent
attacks. This is what Chong Won continued to defy but Wal-Mart fails to
exhaust effective means to uphold their Code of Conduct.
On November 14, a Chong Won security guard forcibly removed the picket
line and the worker's makeshift toilet's top cover. One of the
strikers, Rebecca Bernal, had already fallen ill. Her colleagues too
started not to feel well as their strike drags on. They were forced to
endure the heat and cold for lack of sufficient cover. On November 15
evening, several vehicles were seen smuggling out factory's
machine-which is not legal unless had consent with and notification
from the workers on strike.
Gross labor rights abuses on; DoLE's response cover-up, lies;
Not only workers on strike at Chong Won experience similar abuses.
Workers of Another Korean-owned factory, Phils Jeon Garments, Inc.,
suffered the similar fate. The employer too refuses to begin
negotiation for CBA, and had those who joined the lawful strike
terminated-which is illegal while on strike under Philippine labor
laws.
Despite the illegal acts these two companies commit, there are no
indications that the Department of Labor and Employment (DoLE) would
effectively intervene to resolve the labor dispute.
Secretary Brion claimed the government "continues to promote, in
partnership with labor and management nationwide, the enforcement and
observance of labor standards to improve working conditions and
occupational safety and health, as well as avert and prevent
disputes".
In Secretary Brion's news release published in DoLE official website
on November 15 in response to the US-based retail company's letter to
President Gloria Macapagal-Arroyo, instead contain false claims and
rhetoric of how the DoLE claims to upheld respect for labor rights.
While the government claims to uphold worker's rights, its actual
implementation is completely negligent and often favorable of the
capitalist.
Even as Secretary Brion makes assurance that "workers protection and
welfare continue to be primary priorities of the government" it has
no meaning for those affected workers. It is, however, the DoLE's
attempt to either whitewash or cover up the illegal and arbitrary acts
by foreign-owned companies, atrocities by the Philippine Economic Zone
Authority (Peza) officials and its security forces. The DoLE's record
to protect labor rights is poor.
Has DoLE turned a blind eye to Peza's officials and policemen gross
abuses?
Although Peza Director General Lilia de Lima, Peza lawyer Jane Arada
and Peza Police Chief Jose Sarasua have already been charged by the two
unions with the Commission on Human Rights (CHR) and Provincial
Prosecutor's Office in Imus, Cavite, for gross rights violation and
criminal offenses respectively, no sanction were imposed on them yet.
Unless these accused Peza officials and security chief are relieved
from their post, the workers on strike would continue to endure potent
threat of being violently attacked, harassed and intimidated while the
strike is on. As expected, on frequent occasions, the workers on strike
in two unions had limited access to the picket line, continue facing
harassment and intimidation from the Peza security forces and guards.
The Peza's supposed role of ensuring the protection of workers rights
has effectively virtually turned into the worker's oppressors and
strike breakers. The Peza's action of violently dispersing a lawful
strike, escorting scabs workers into the factory, denying worker's
entry into the Cavite Economic Zone on the basis of the company's
illegal termination orders are completely blatant violations of labor
laws. The Peza is not in a position to intervene into a labor dispute,
much more to acknowledge the illegal orders by the companies.
It is shocking, however, that the DoLE had turned its eye blind on the
atrocities the Peza authorities are committing inside CEPZ.