BANANAS

AND BULLETS

A Special Report on the Struggle of Banana Workers

in Sumifru (Compostela)

For almost two months now, banana workers of Compostela Valley (Mindanao) went on
strike against years of contractual jobs that paid them so low sending them deeper into
poverty and hunger and exposed them to toxic chemicals.

As Sumifru Philippines Corporation, continues to expand and increase its wealth, the
poorer the workers become.

The workers are convinced that the company enjoys the protection not just of the law but
even of authorities on the ground as Martial Law in Mindanao gives them all the needed
justification to exploit their labor and trample on their rights. The workers appeal to
everyone for their support, especially the consumers, in calling out this abusive company
for its various violations of trade union and human rights.

The Center for Trade Union and Human Rights (CTUHR) compiled its documentation of the
workers harrowing experiences through this report “Bananas and Bullets” to contribute in
their continuing quest for justice.

Murders and Slay Attempts

On October 31, Danny Boy Bautista, 31, was gunned down by
two unidentified assailants around 6:00 pm in Compostela
public market in Barangay Poblacion, Compostela Valley. His
body sustained four shots which instantly killed him. His
assassination came almost a month after the Nagkahiusang
Mamumuo sa Suyafa Farms (NAMASUFA) workers’ strike in
Sumifru. Bautista was the 2nd union member of NAMASUFA
who was killed, though slay attempts against several union
officers had been documented since 2006.

Just few weeks after Bautista's death, another member of the
workers' union, identified as Jerry Alicante, 45 years old, was
shot two times by unidentified hitman last November 11
around 8:20 pm at Barangay Osmeña, Compostela, Compostela Valley. Alicante survived
the slay attempt but he sustained a gunshot wound in his right hand.

The union, their supporters and advocates condemned the attack and noted the killing of
Bautista intended to sow fear within their ranks and communities. They held the company
and government responsible as they have vehemently opposed the strike and in fact
violently dispersed them. The union has enough reason to believe that Sumifru Philippines
is aware of what is happening. The company has proven in the past that it would do
anything to continue its operations unhampered and earn profits from the workers’ sweat
and blood.

The workers of Sumifru - a Japanese-owned company, have been on strike since October 1
over the company’s refusal to negotiate for a Collective Bargaining Agreement (CBA) with
the DOLE –recognized legitimate union amidst the calls to increase wages and a halt to
Sumifru’s other unfair labor practices.

Growth of a Giant player

In Compostela Valley alone, Sumifru occupies 2,200 hectares
of land with nine (9) packing plants. It employs more than
1,600 workers. Its average production is 19,000 boxes per
day totalling to 7 million boxes per year or 22% of the
company’s total production. Its gross daily income is P19
million per day in Compostela operations alone. According to
the Department of Labor and Employment (DOLE), Sumifru’s gross revenue of
P14,366,928,166 or $285.17M in 2017 up from P11,204,840,280 or $227.14M in 2016.

It is apparent that Sumifru benefited from favors from the Arroyo regime. As early as 2006,
Sumifru has developed 4,000 hectares of land in T’boli, Calinan, Toril and North Cotabato
for its banana plantation project, a known areas of indigenous peoples. The company’s
Philippine President Paul Cuyegkeng described his company’s dealings with the Arroyo
administration as "easy," thus enabling them to accomplish more in a shorter period of
time.

It is important to note, that under Arroyo administration, SUMIFRU’s workers and
plantation communities witnessed heavy militarization and harassments of union
members primarily NAMASUFA. In fact, in 2006 NAMASUFA’s union president, Vicente
Barrios, was ambushed but narrowly survived following more than six months of
medication. His union board member, however, did not survive the attack.

Apart from its direct plantations, smaller farms supply bananas to Sumifru in growership
types, which mean small landowners with 1.5 hectares to 16 hectares of land enter into a
contract with Sumifru to supply certain volume of bananas for long period of time (i.e 20
years).

As of 2011, Sumifru’s total employees in Mindanao island stand at around 18,100 with
increasing partnership with 2,110 growers and 4,400 land owners. Around 40% of its
workers are composed of women.

Sumifru Philippines Corporation is the fruit business unit of
Japanese-owned multi-national company Sumitomo Group of
Companies based in Mindanao. It is a giant player in the fruit
industry worldwide producing and supplying papaya,
pineapple and Cavendish bananas. According to its website
(www.sumifru.com.ph), it operates in more than 14,000
hectares of land in 3 different regions in Mindanao. It produces
an average of 17M tons of bananas per year and exports in
China, Japan, Singapore, Korea, Middle East, New Zealand and
Russia. In Japan, Sumifru controls 30% of the supply of highly
in-demand bananas. It produces famous branded bananas such as Gracio and Banage.

Violations of Labor and Human Rights, central to SUMIFRU's growth

Sumifru is (Social Accountability) SA 8000 certified since 2001. SA 8000 standards reflect
labor provisions contained within the Universal Declaration of Human Rights and
International Labour Organization (ILO) conventions which include1) no child labour, 2)
prohibition of forced or compulsory labour; 3) health and safety, 4) freedom of association
and collective bargaining; 5) non-discrimination, 6) working hours; 7) remuneration.

For 18 years, these standards have yet to see its way in SUMIFRU's policies and practices,
often the company in cahoots with state forces, goons violate most of the provisions.

Sumifru’s growth seems anchored on its notoriety for labor and human rights violations as
well as non-compliance of environmental laws.

Sumifru workers work from 12 to 18 hours per day and only earn an average of P365/day
($6.8). Sumifru’s contracted growers earn much lower as Sumifru buys the bananas they
produce for P212.50/box (US$ 4.06), or an average of P2, 000 for 15 days.

Aside from the dismal wage, Sumifru cut workers' payment for overtime work while
forcing them to work overtime and on holidays. It continuously violates legally mandated
benefits such as service incentive leave and non-remittance of deducted contributions for
government agencies Social Security System, Philhealth, and Pag-ibig. This is a criminal
offense both punishable by fines and imprisonment, but SUMIFRU is able to get away. The
company also doesn’t provide retirement compensation and benefits.

For many years, Sumifru has never failed to come up with ways to further squeeze the
workers, increase its profits and expand its operations. In 2015, Sumifru attempted to
implement a piece-rate wage payment scheme. This scheme if implemented will cut that
the workers wages’ to nearly half of ' previous pay under the daily rate payment system
and will force the workers to intensify their labour and competition to increase their
income. The workers held series of protests, prompting the management to abandon the
planned piece-wage scheme. The piece-wage scheme or most commonly known as
‘pakyawan’ is one of the most exploitative wage mechanisms, which is usually implemented
for contractual workers.

Sumifru again attempted to implement this wage system in 2017 and the union launched a
strike to stop the plan. Thirteen (13) hours of workers’ strike, and the company agreed to
stop the implementation of this exploitative scheme in all of its packing plants in
Compostela Valley, However, Sumifru still employs this scheme and able to evade all legal
accountability.

Moreover, Sumifru placed 12th in the list of top 20 companies practicing the prohibited
employment scheme released by the Department of Labor and Employment (DOLE). It has
long been engaged in the illegal practice of labor-only contracting (i.e using manpower
cooperatives to employ workers and pit them against union members). The workers long
demanded regularization but all cases and decisions filed by the workers against SUMIFRU
were appealed by the company. In Bukidnon, for example the Department of Labor and
Employment (DOLE Region 12) ordered to regularize more than 1,600 workers, again the
company refused to abide by the order and simply appealed to the higher court.

Workers are exposed to chemicals and other health hazards

Sumifru is first certified Global G.A.P or Global Good Agricultural Practices (GAP) -- a
standard that assures consumers about how food is produced on the farm by minimizing
detrimental environmental impacts of farming operations, reducing the use of chemical
inputs and ensuring a responsible approach to worker health and safety as well as animal
welfare.

Yet, Sumifru's plantations and packing plants smell of chemicals. Since it started
operations, workers have been complaining about being exposed to hazardous chemicals
like the post-harvest pesticide Omega. In packing plants, workers do not wear gloves in
cleaning bananas before they are placed in boxes. Workers reported suffering from loss of
sight, respiratory illnesses, skin diseases and infertility.

Despite the toxicity, workers are not provided adequate Personal Protective Equipment
(PPE), except if they shell out their personal money to buy their own protective equipment
like aprons, gloves and boots. The company only provides protective gear once a year.

Blood in Bananas: Workers struggle to organize union

Sumifru workers in Compostela Valley organized their first local unions from their packing
plant units in the mid-2000s, to assert their right for better wages and working conditions.
This August 2018, 8 local unions (Nagkahiusang Mamumuo sa Osmena – San Miguel,
Nagkahiusang Mamumuo sa San Jose, Nagkahiusang Mamumuo sa Suyapa Farm, Packing
Plant 92 Workers Union, Packing Plant 340 Workers Union, San Miguel Workers Union,
Maparat-Montevista Workers Union, Nagkahiusang Mamumuo sa Pilar – Mangayon) of
Sumifru workers consolidated into one union under NAMASUFA.

Nagkahiusang Mamumuo sa Suyapa Farms (NAMASUFA-NAFLU-KMU) is the 900-member
consolidated union of rank and file workers in 8 packing plants which affirmed by law as
Sumifru workers. It traces back its origin to 2005, when attempts to organize began. In
2006, Jerson Lastimoso, union board members was killed on his way to work. In 2009,
Vicente Barrios was assassinated and narrowly survived. The union then has only 140
members in Packing Plant (PP) 90.

Since then, attacks on NAMASUFA and other packing plant local unions leaders and
organizers never stopped. Sumifru vehemently refused to recognize the union
simultaneous to denying that they are their workers. It claims that the workers are
employed by A2Y Contracting Services-- the manpower agency – Sumifru contracted to hire
workers. Despite several court and DOLE decisions in favor of the union Sumifru snubbed
the order and filed an appeal the Supreme Court.

While legal battle for recognition is not yet settled, the workers organized themselves
together with the contract growers (small landowners into the Banana Industry Growers
and Workers Alliance against Sumifru (BIGWAS), making this network as united voice to
push their demands and grievances, including increase in banana prices and land rent for
growers.

On June 2017, the Supreme Court (SC) finally dismissed Sumifru’s appeal against union
recognition and declared the workers as direct employees of Sumifru. The SC affirmed the
DOLE’s order in July 2008, granting the petition for certification of NAMASUFA. The SC
noted that Sumifru gave the instructions to the workers, required monitoring sheets, and
provided the materials used in the packing plants, making the company, as the principal
employer.

Again, the company defied the Supreme Court order and refused to recognize the union as
the Sole and Exclusive Bargaining Agent (SEBA). Sumifru also asserts that the
consolidation of the local unions was illegal even the Supreme Court says otherwise.

Over that decade, while the workers struggle to raise their wages, but denied by company,
SUMIFRU’s expansion rages in Mindanao, and actually one the most, if not the most
aggressive players amongst competitors Dole, Del Monte and Unifrutti.

Strike in defense against hunger and oppression

With 749 union members voting ‘Yes’ to a
strike, the union launched plantation and
packing plants strike on October 1, 2018 over
the management’s refusal to negotiate for a
CBA, regularize its long-standing contractual
workers, and provide benefits and significant
wage hike.

The strike paralyzed operations in the 8
packing plants (PP220, 230, 340, 115, 370,
250, 260). Sumifru then cries that it incurs
Php38 million losses daily when prior to the
strike it was deaf and tight-lip about increasing the pay and banana prices. In fact, Kilusang
Mayo Uno – Southern Mindanao, for which the union is affiliated, has been reporting
several incidents of harassment and attempts to break the strike.

In one incident, 15 unidentified men barged into the house of union member Mildred
Maglahus, looking for NAMASUFA Vice President Elizar Diayon. When they failed to locate
the union leader, they bolted out of the house and stole food supplies in one of the protest
camps. The union stood their ground.

In desperation to halt the strike, the company resorted to different measures in connivance
with police and military to harass and disperse the strikers. Agency workers who were not
part of the union were urged to oppose and even fight with the strikers. Agency-organized
and management compliant workers’ union of the so-called service providers, essentially
labour only contractors namely NAMAMOCO, NSWU, BAPAPWOCO which the court ordered
illegal were pit against union members.

Sumifru petitioned DOLE for issuance Assumption of Jurisdiction (AJ) and Temporary
Restraining Order (TRO) at the Regional Trial Court (RTC) Branch 56 of Compostela Valley.
On October 6, five days after the strike was launched, DOLE issued the AJ order SUMIFRU
allegations of million losses, thus Sumifru is indispensable to the national interest. It also
ordered the workers to halt the strike within 24 hours but it was silent about the union
recognition, regularization, benefits and pay increase.

The union, supported by other labor groups and workers’ rights organizations slammed
DOLE and defied the Assumption of (AJ). AJ order has always been used to quell workers’
 strikes and had resulted to numerous violent strike dispersals including the 2004 Hacienda
Luisita massacre, involving police and military.

Soon as the AJ was served, three truckloads of military personnel were deployed in the
strike areas. On October 7, seven (7) members of NAMASUFA were flagged down by
unidentified men (believed to be goons of Sumifru), along the road and four (4) of them,
were beaten individually.

The next day, service providers engaged by SUMIFRU visited their area cover, did a house-
to-house visit and asked the workers to sign a document saying that SUMIFRU complies to
the labor standards even it is not.

In a separate incident, hired goons accompanied by the Armed Forces of the Philippines
(AFP) and Philippine National Police (PNP) dispersed the strikers in PP 115.

Moreover, there have been several incidents when the union leaders are being visited by
unknown men and tagged them as members of the New People’s Army.

The union defied the AJ and went on with the strike.

Violent Break-up of Workers’ Picketlines

On October 11, 2018, 11th day of the strike, combined elements of 66th IB of the AFP, PNP
and private goons, violently dispersed the strike, at 5 out of 7 strike camps at different
Packing Plants (PPs)..

According to John Paul Dizon, NAMASUFA President , masked goons, accompanied by AFP
and PNP, attacked their camp at PP220 at around 9:00 in the morning, they destroyed the
camp, mauled unionists and went after them, as they sought refuge in his house 50 meters
away. They fired shots and pointed gun on some of the workers, threatening to shoot them.

The dispersal team then proceeded to the other packing plants and
smashed the makeshift picketlines. They arrested workers Jimboy
Cagas, Ramil Monte, Elizar Diayon (NAMASUFA Vice President)
and Errol Tan (union Board member) but eventually released
them after beating them.

Robilina Limo, four-month pregnant worker and union member
was kicked in upper abdomen during the dispersal in Packing Plant
115. She suffered abdominal pain and dizziness few days after the
4-mont pregnant worker hurt during
Sumifru dispersal
(Kath M. Cortez/davaotoday.com)
dispersal. Limo is working in the processing department in PP 115 for 8 years.

Wilfredo Silotan, who has worked as an Unloader for Sumifru for 10 years in PP 115
suffered several bruises and a broken rib.

Packing Plant 250 Union President, Wilson Baticula suffered body ache and vomited blood
after being hit and punched several times during the dispersal. He sustained stiches in his
upper lips and bruises all over his body. He suffered difficulty in walking and speaking.

Other workers sustained injuries in different parts of
the bodies and others went into hiding due to threats
and harassment.

The dispersal came several hours after the Regional
Trial Court Branch 56 dismiss the petition for TRO
injunction and dismissed the case filed by Sumifru
management due to the non-exhaustion of
administrative remedies. Packing plant 250 union president suffering with body
ache and now vomits blood after he was hit and
punched several times by different men during
“The dispersal was illegal, according to Dizon, . The disperal.(Kath M. Cortez/davaotoday.com)
Court just dismissed Sumifru’s appeal for TRO and
DOLE did not deputize the PNP nor AFP. SUMIFRU is in collusion with the PNP, AFP and
goons. It clearly wants to sow fear on the unionists and break the strike. Sumifru is already
desperate to continue operations, it alleges that it loses millions while it incorrigibly refuse to
heed our demands. They have destroyed our strike camps but they can never destroy our
unity. This is for our children, we will fight until the end.”

It must be noted that months before the strike, NAMASUFA leaders were hounded by the
military and forced them to surrender as communist rebels. This move had been
condemned by trade unions and labour rights organization as plain harassments aimed at
suppressing the workers right to organize unions to improve their situation. Workers’
rights and human rights group added that a combination of Martial Law in Mindanao and
government counter-insurgency program, Oplan Kapayapaan, are being used not against
terrorists but suppress critics and people struggling for decent life. (See CTUHR related
story)

Following the dispersal, the workers took refuge in a Catholic church in Compostela and
carried on with the strike.




Continuing harassment, red-tagging and repression

As the unionists of NAMASUFA remain resolute in achieving victory for their rights,
Sumifru and the Duterte government also seem to be intent in suppressing them.

Following the violent dispersal on October 11, the AFP announced that it will send more
troops in the Sumifru plantation in Compostela to “support DOLE and PNP to prevent
chaos.”

On October 22, 2018, 400 striking workers of Sumifru travelled toward Davao City, to
attend a compulsory conference at DOLE. They stopped at eleven (11) Task Force Davao
checkpoints from Nabunturan to Lasang, Davao City . They were blatantly barred from
entering the city, and were told that they did not have clearance from the city Mayor.
The workers had travelled for 11 hours and braved heavy rains, underwent meticulous
inspection for nothing. In a spontaneous act of frustration and protest, the workers
barricaded the road and stopping the traffic flow in the Lasang section Panabo City
highway, Davao.

Davao City Mayor Sara Duterte, speaking more like her President father and along his line,
justifiying her contempt for the Kilusang Mayo Union trade union center and the workers
called on the public not to support these groups and partylists under the Makabayan bloc.

“They terrorize, engender lawlessness, create confusion, disrespect fellow human beings, put
lives in danger, and disregard any authority altogether”, she said in a statement. We all
know now that these militant groups, who masquerade themselves as pro-people, only
want to sow hostility and chaos, especially to those who reject them and the terrorist
groups they support – the New People’s Army (NPA), the National Democratic Front of the
Philippines (NDFP), and the Communist Party of the Philippines (CPP)”.

NAMASUFA decries the use of power and might by Mayor Sara Duterte to incite public
hatred against KMU unions and other progressive organizations. Years before his father
became President, she poised as pro-poor and even boxed a member of demolition team
against urban poor. A tradition politician she is, she not only completely turned her back
against the people, she wages war against them, under the pretext of anti-communism.

Call for Action and Support

Sumifru workers vow to continue with their fight despite all the attempts to break their
resolve and their unity and killing of their members.

CTUHR calls for the immediate and impartial investigation of the Commission of Human
Rights (CHR) on the recent incidents of extra-judicial killings of NAMASUFA members,
several slay attempts and hold the perpetrators to justice; hold the state security forces and
SUMIFRU and other respective agencies working for SUMIFRU to stop the attacks on trade
unionists and hold them accountable to the continuing harassments and threats against
NAMASUFA members, workers and their families.

CTUHR also calls on the international community and consumers in the client countries of
Sumifru to support the workers’ struggle, to use their leverage and power to pressure
SUMIFRU to stop the attacks and comply with the international human and labour rights
standards. The banans syou are eating are tainted with workers blood. ###



REFERENCES:

http://davaotoday.com/main/human-rights/trade-union-violations-revealed-in-fact-
finding-mission/

https://www.facebook.com/kmu.southernmindanaoregion

http://davaotoday.com/main/blog/the-banana-plantations-of-compostela-a-history-of-
struggle/

http://davaotoday.com/main/politics/score-of-sumifru-workers-wounded-after-
dispersal-team-attempts-to-disperse-camp/

http://www.sumifru.com.ph/our-company.php

https://www.facebook.com/kilabmultimedia

https://www.philstar.com/headlines/2006/07/11/346723/japan-firm-expands-banana-
plantation-investment-p1-b#lUvjOBIcA0qWmlmk.99