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Saturday, April 23, 2011

Filipino Workers' victories and struggles celebrated in NY as May Day nears

Philippine Forum-NewYork/
http://nafconusa.org
NEWS RELEASE
21 April 2011

Reference: Anne Beryl Corotan; National Chairperson of NAFCON Youth Alliance, SANDIWA
Contact Info: sandiwa.national@gmail.com, info@nafconusa.org, (718) 5658862


NEW YORK -- On March 30, 2011, the "Justice for Sentosa 27++ Nurses" campaign has reached another milestone. US District Judge Joseph Bianco allowed a civil rights lawsuit to proceed against defendants Suffolk District Attorney Thomas Spota, his top assistant Leonardo Lato and the Sentosa Care nursing home firm. The suit states that defendants conspired to prosecute in retaliation for the mass resignation of the nurses from Sentosa Care last 2007. This decision puts more armor as the nurses and Atty. Felix Vinluan, the lawyer who was charged of conspiracy with the nurses, stride forward in struggling for justice and victory.

“I am happy with the recent developments. This is what we've hoped for in the first place but at the same time I can’t help feel a tinge of fear -- fear of the unknown and uncertainty. I do, however, console myself that we've always had truth as our guide and a myriad of support system as our shield,” says Archiel Buagas, one of the former nurses of Sentosa Care.

The Sentosa Nurses' Saga


The story unfolds in 2006 when the Sentosa 27++ (26 nurses and 1 physical therapist, and more healthworkers came out after) held a massive resignation from their health care facilities in protest of contract violations that Sentosa recruitment agency has committed against them. In retaliation, the Sentosa agency filed administrative and criminal charges, such as patient endangerment, against the health workers. Sentosa agency also charged Atty. Felix Vinluan with conspiracy for allegedly advising them on the resignation.

In 2007, the full blown campaign, "Justice for Sentosa 27++", spearheaded by the health workers, Atty. Vinluan and the National Alliance for Filipino Concerns (NAFCON), garnered support from all over the United States, in the Philippines and in a global scale. The strong collective strength, support and work of the community, various organizations and the bond between the healthworkers forged the way into sharply bringing attention to the case and the campaign.

"From the start, we, in NAFCON, have always believed that the nurses and Atty. Vinluan will win this fight. It may have taken years and a lot of strength and courage from the nurses and Atty. Vinluan to carry on with the big fight against this big company with its big political backers. But with collective action within the community, we have succeeded not just in achieving these gradual victories, but also in bringing awareness to the public that these kinds of abuses happen to our fellow Filipino migrant workers and that there are institutions which must be held accountable," states Jonna Baldres, Community Action Director for Philippine Forum-New York and NAFCON-US North East Coordinator.

On January 13, 2009, the Appellate Division of the New York Supreme Court, Second Department issued a writ prohibiting the criminal prosecution as it violates the nurses’ 13th Amendment right against involuntary servitude and Vinluan’s 1st Amendment right to free speech. It was at this time that the campaign of Sentosa 27++ was relaunched to “up the ante”.

On May 20, 2010, the New York Supreme court through Judge Stephen A. Bucaria denied Sentosa Care’s motion for summary judgment in the breach of contract case against the health workers. The court at this time also invalidated the enforceability of Sentosa Care’s claim for liquidated damages of $25,000.00 upon employee’s termination of the contract.

Victory for the Sentosa 27++ but the fight continues

These back to back victories, leading up to the most recent, were made possible by collective actions, committed support and unyielding passion to struggle for truth and justice. The fight has claimed victories but for the health workers, Atty. Vinluan, and the community, the fight is still far from over.

"The case of the Sentosa nurses is just a start. We have Leticia Moratal, Jacqueline Aguirre, Arizona 34 and hundreds more who have come out to give voice to the abused and trafficked migrant workers. And we will continue to fight and we believe we will win these struggles eventually as the community rallies behind us. We have seen it with the case of the Sentosa nurses, we believe we will witness more victories with the cases of the other trafficked victims," said Atty. Vinluan.

At present, NAFCON is handling more than a hundred cases of labor trafficking nationwide through its Stop Trafficking Our People (STOP) Campaign. Victims of Philippine-based recruitment agencies have come to the United States mostly on H2B visas, were promised certain provisions by the employers but were moved somewhere else and ended up working on different and inhumane conditions. With the neglect of employers and not having been given proper assistance by the Philippine government, the workers are oftentimes forced to deal with loss of status, making them more vulnerable and subject to criminalization by state forces.

"As long as the Labor Export Program (LEP) -- the policy of the Philippine government of sending away its people to other countries for profit -- is in effect, these types of abuses, such as what happened to the Sentosa nurses and the other trafficked victims, will persist. The current Philippine administration under President Aquino promised to increase jobs at home, and increase aid to Overseas Filipino Workers (OFWs) abroad. The challenge still remains until fruition is seen. We, in NAFCON, join the people in demanding from the Philippine government the generation of domestic jobs by pursuing genuine agrarian reforms and development of national industries so that the citizenry are no longer forced to decide and leave the country," states Baldres.

Call to rise up and speak out on May Day

Today, OFWs still suffer from worsening work conditions, abuse and government neglect. In its commitment to fight for workers' rights, NAFCON calls on all members of the community to stand up and let their voices be heard.

On April 24, member organizations of NAFCON such as Kabalikat Domestic Workers' Support Network and Philippine Forum, among others, will be marching for labor and human rights with the Independent Workers Movement and other migrant workers organizations. The march will start at the Bayanihan Filipino Community Center (40-21 69th St Woodside, NY) at 12nn.

“NAFCON is firmly committed to protect the rights and welfare of our kababayans in the United States. We will continue to fight until all demands are achieved. We demand Justice for Sentosa 27++. We demand to STOP trafficking our people. We demand an end to LEP. We demand legalization for all. We want justice for all migrant workers,” firmly positioned by Baldres.

On May 1st for the International Workers' May Day, together with the May 1st Coalition and other migrant and labor organizations and unions, we will march to stand up for workers and im/migrants' rights. Program will start 12nn at Union Square.

“It is the truth, we are the masses, we are the grassroots and we are the common. We blend in because we are one. Those in power are only as good as those that lift them up. We are their life source but oftentimes, they forget that the lowliest of us can also be their greatest strength. People need not live in shadows anymore, they have the option of speaking out and making things better for others. We might not see the effects now but I’m hoping in the near future, the lives of future workers and immigrants will be better because we insisted our voices be heard,” Buagas ended. ####

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The National Alliance for Filipino Concerns [NAFCON] is a national multi-issue alliance of Filipino organizations and individuals in the United States serving to protect the rights and welfare of Filipinos by fighting for social, economic, and racial justice and equality. It was launched in San Jose California in 2003. At present, NAFCON member organizations encompass over 23 cities in the United States.

Please visit nafconusa.org for more information on NAFCON and its campaigns. To join the NAFCON news list, please send a request to info@nafconusa.org.

Bulatlat » Independent Think Tanks Refute Malacañang’s Arguments Against P6,000 and P125 Salary, Wage hikes

“Since July 2010, skyrocketing commodity prices coupled with stagnant wages have eroded workers’ wages in lightning speed, which is unmatched by the previous administration,” said EILER executive director Anna Leah Escresa.

By INA ALLECO R. SILVERIO
Bulatlat.com

As Malacañang thumbs down the demand of government employees in the country for a substantial wage increase, research groups have taken turns debunking government claims that salary and wage hikes are impossible to implement given the current economic conditions.

Current Wage Provides Only 41 Percent of What Families Need

The IBON Foundation said the value of the daily minimum wage in Metro Manila has dropped and is only able to provide for about 41 percent of the amount needed for a family to live decently. This is less than the figure 10 years ago, in 2001, wherein the minimum wage was about 52 percent of the cost to live decently.

According to the IBON Foundation, the daily minimum wage of P404 (US$9.39) is just 2/5 of the estimated average family living wage (FLW) of P988 (US$23) in the National Capital Region (NCR) as of March 2011. The family living wage is defined as the minimum amount needed for a family of six members to meet their daily food and non-food needs plus a 10 percent allocation for savings. The latest living wage estimates are based on the 2008 family living wage computation of the National Wages and Productivity Commission of the Department of Labor and Employment (DOLE).

According to IBON data, the daily minimum wage of P265 (US$6) in 2001 was half of the amount a family needed to live decently, which was then pegged at P509 (US$12).

As the DOLE and the wage boards deliberate on whether to give a wage hike next month, the research group urged government to raise wages to a decent level and approximate the wage increase to the estimated family living wage.

Nonstop Price Hikes

Adding to the urgency of a wage increase, a labor research group said, is the fact that the combined wage increases in the past decade had been totally eroded within only eight months by nonstop price hikes under the Aquino administration.

The Ecumenical Institute for Labor Education and Research (EILER) said that from the start of Aquino’s term in July 2010 up to February this year, the real value of the P404 (US$9.39) minimum wage in the National Capital dropped by around P7 (US$0.16) This decline cancels out the net increase in the real value of minimum wage under the Arroyo administration from 2001 to 2010, which amounted to only P5 (US$0.11).

EILER’s computation is inflation-adjusted using 2000 as base year.
“President Aquino has just dethroned former president Arroyo, beating her record as the worst ‘eater’ of workers’ wages. Since July 2010, skyrocketing commodity prices coupled with stagnant wages have eroded workers’ wages in lightning speed, which is unmatched by the previous administration,” said EILER executive director Anna Leah Escresa.

She said that the wage erosion comes as no surprise as local pump prices have increased more than ten times since the start of year while the prices of almost all food commodities have also risen.

” There are also looming power and water rate hikes. Such record erosion of wages points to the government’s callousness in calling on Filipinos to wait for the inflation to reach five percent before the government can approve any wage increase,” Escresa said.

Government Should Take Care of its Employees

In the meantime, labor groups are determined to press for their economic demands no matter what Malacañang says.

The Confederation for Unity, Recognition and Advancement of Government Employees (COURAGE) said that it would continue their campaign for a P6,000 ($138) increase in the monthly minimum pay of all public sector employees.

“True to its character, the Aquino administration is skirting the issue by saying that its hands are tied because of the Salary Standardization Law 3 which mandates a staggered wage adjustment scheme for state workers. For the country’s rank-and-file government employees who are already struggling to survive amid the rising costs of commodities, the issue is already beyond the SSL 3. We all know that it allowed only the smallest pay adjustments and failed to provide immediate economic relief to the lowest-paid government employees. We will continue to press for a P6,000 salary hike,” said Courage President Ferdinand Gaite.

Gaite was referring to Presidential Spokesperson Edwin Lacierda’s statement that the administration was “limited by law” and therefore unable to act upon the employees’ demand for a substantial wage increase.

Gaite said that as their employer, the government should prioritize the needs of government employees. He said that the Aquino administration should prioritize measures that will give the working people much-needed economic relief.

“At the time when our wages are pegged at near-starvation levels, we don’t need dole-outs, subsidies or excuses, we demand a substantial wage hike now!” Gaite said.

Gaite said that their group was also fully behind the call of private sector workers for a P125 across-the-board daily wage hike. The Kilusang Mayo Uno (KMU) is at the forefront of the campaign for the wage hike.

Gaite slammed the price hike, saying “Government employees, like the majority of the Filipino people can no longer cope with the rising prices of commodities and services. As it is, we are already struggling to subsist on our meager salaries. With this recent oil price hike, most of the country’s 1.4 million government employees are living in abject poverty, are prey to loan sharks and could barely make it to the next day to work. Thus, we have no other recourse but to push for a substantial salary adjustment, this time, focusing on the minimum pay earners or those employees who suffer the most,” Gaite declared.
The labor leader in the meantime also expressed disgust over the Aquino government’s continuing inaction to stop the continuing oil price hikes.

“DOE (Department of Energy) Undersecretary Jose Layug Jr even has the gall to tell us that the fuel firms’ P1.50 hike was already an accommodation of the government’s request to soften the impact of oil price hikes. This attitude of a ranking government official is a reflection of the over-all stance of the Aquino administration when it comes to the oil companies: the oil cartel continuously raises its prices while the government rushes to justify the abuse,” Gaite said.

Gaite said that President Benigno Aquino’s apathy toward the legitimate demands of the labor sector is most lamentable.

“Instead of pushing for band-aid solutions like paltry subsidies available only to selected sectors, Aquino should immediately implement a substantial wage increase for both the public and private sector in order to provide immediate economic relief to the workers and employees reeling from the unabated price hikes, “ Gaite asserted.

Bulatlat » Independent Think Tanks Refute Malacañang’s Arguments Against P6,000 and P125 Salary, Wage hikes » Print

Sunday, April 17, 2011

Editoryal: See no evil, hear no evil | Philippine Collegian

For the 100th commencement exercises, the UP administration chose President Benigno Aquino III as the commencement speaker and conferred on him the university’s highest academic honor: an honorary Doctorate of Laws degree. It was one of the biggest insults to the academe.

What is an insult? It is when the school administration honors a person that all sectors in the university – faculty, students, employees – have condemned for his incompetence and broken promises. The administration, however, seemed to believe that Aquino still has a spotless performance, awarding him the honorary degree for “providing leadership in rallying the people to stomp out corruption,” and promoting the rule of law and respect for people’s constitutional rights.

Nothing could be farther from the truth. Nothing could be more absurd.

The see-no-evil, hear-no-evil administration has forgotten that Aquino was the same person who claimed that the historically massive cut on the UP budget was only just. He was the same person who insisted that UP already had its own means of generating funds, thus, the billion-peso cut on the budget would do no harm. Aquino, the president who does not understand that the budget cut could lead to tuition hikes for the state universities to sustain their operations. Aquino, who does not understand the meaning of a state university, the only hope of the impoverished to send their children to college.

This was also the same person who had done nothing in the recent spate of fare, commodity and oil price hikes. His administration claimed that it cannot do anything with the oil price hikes because prices in the global market were steadily increasing. But this could only be either of two things: a failure to see that it has the capacity to control the price hikes, or a lie to cover up for its negligence.

For instance, Aquino’s government refuses to scrap the Oil Deregulation Law (ODL), which has long allowed oil companies to dictate prices in the country with the removal of government intervention. It aimed to prevent oil price hikes by encouraging competition among the private players. After 13 years of implementation, it does not take a genius to see that the ODL has defeated its own purpose.

These actions are in no way a form of respect for people’s constitutional rights, such as the right to education, contrary to what the UP administration claims.

...

More important, in awarding Aquino for his anti-corruption campaign, the UP administration agrees with the president’s shallow understanding of poverty and other social dilemmas. For a university that fosters critical thinking, there is no reason to acknowledge a person who reduces the structural problem of poverty to moral bankruptcy in the government.

Aquino’s poor understanding of the social conditions reflects how he has isolated himself from the people he promised to serve. He is unfamiliar with the plight of the majority because he does not attempt to get out of the comforts of his wealth and executive power to truly examine the dilemmas that burden the impoverished. As a result, his administration has only prescribed ineffective and half-baked solutions to long-standing social problems.

By the same token, the UP administration is isolating itself from its constituents in awarding the highest academic honor to Aquino. It sends a clear message to the more than 4,000 graduates: Aquino is an example for them to look up to. This is an offense to a university whose primary purpose is to provide service to the people.

Editoryal: See no evil, hear no evil | Philippine Collegian