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It was on December 2007 when Mario's company, the South Cotabato Integrated Port Services Incorporated, terminated him when he challenged and refused to concede to the company's demand for an explanation regarding the activities of their union, particularly their union cooperative's collection of funds for their housing project. The company had no authority to do so since they are not party to the union. However, it consistently targeted Mario, who as head of the Makar Port Labor Organization union, questioned irregular practices amongst workers. The lack of formal education did not prevent nor discourage him from looking after his fellow porter's rights and welfare. He read the 1987 Constitution's Bill of Rights and told his colleagues their rights, which they ought to assert.
In his time, he had to hire private tutors to teach his union members and leaders, who are mostly illiterate, to write and read. He questioned the company's practice of letting his colleagues work without taking adequate rest and not pay them overtime allowance. He also ensured that his colleagues' contributions towards the government’s health insurance were paid, amongst others.
Even before the General Santos City's Makar wharf was built and became renowned for its capability to accommodate international shipping lines and cargo imported and exported by multinational corporations in Mindanao, he was already a porter there. He fought against deeply rooted gang activities that controlled money and people inside the wharf. The incidence of gangs who had no qualms about killing their own siblings if opposed is evident in the wharf’s history in the 1970’s and 80’s.
Fear runs so deep in people due to oppression and blatant deprivation of rights and welfare, that nobody is willing to defend Mario. When informed of the charges filed against him, Mario had to respond to summons and letters requiring explanations from both, the company and the National Labor Relations Commission, without any legal help. He has no lawyer and is unable to afford legal costs for his defense even though he is a known union leader.
While his case is pending, some of his colleagues have distanced themselves from him fearing that the company may also target them. Others who sympathizes for him sometimes gives him Php20 (US 43 cents) when they meet him at the wharf; an amount already too big for colleagues to share, who earn only about Php600 (US$13) a month.
Mario, a father of six, had to sell his belongings to buy food for his family. He pretends to be asleep when his siblings come knocking his room door for pocket money. He has to contend with the meager assistance from the local social welfare department and indulges in consoling himself and talking to a friend to reduce his frustrations and trauma.
While Mario waits the outcome of his complaint where he has demanded his reinstatement and compensation from the NLRC, he has to endure the stressful conditions he and his family are presently experiencing. Although other labor activists and union leaders in the country share his experience, there is little they can do as most are themselves targets for defending rights of fellow workers.
In General Santos City, labor rights and freedom have little meaning unless there is serious discussion on why people are forcibly abused and are unable to defend their rights. It is not only the failure and weakness of Mario's colleagues to defend him, but also reflects the extent to which society is forced to compromise and subsequently develop a level of tolerance and acquiescence to these abuses, for their survival.
The issue is not about the exploitation of workers who are unaware of their rights but more about the culture of fear that prevents people from standing up to such abuses. This mentality has resulted due to the failure of authorities to protect the rights of union leaders and activists like failure to provide Mario legal aid for his defense, the lack of protection mechanism for his colleagues who fear being targeted by authorities for supporting Mario and the failure of the social welfare department to look after Mario’s family and children.
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(Danilo Reyes is a staff member of the Asian Human Rights Commission, a regional human rights NGO in Hong Kong. He is responsible for the organization's work on the Philippines. Previously, he worked as a human rights activist and journalist in the Philippines.)
