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DEMOCRATIC SPACE
Do We Have The Political Will To Face The Truth
Behind The International Rice Research Institute (IRRI)?

PATRICIO M. LAYOSA
Acting President
BISSIG-ALMAKSEK-PUMALAG/KMP

That IRRI is an international organization

Fact: It is not. IRRI was established on 09 December 1959 through a Memorandum of Agreement (MOA) entered into by and between the Republic of the Philippines and the Ford and Rockefeller Foundations. Pursuant to the terms of the MOA, IRRI was incorporated and registered with the Securities and Exchange Commission such that it was then subject to civil, administrative and even criminal liabilities and to every other form of legal process.

At the very start, there never was any intent to bestow to IRRI immunity from suit. Unfortunately, on 19 April 1979, then president Marcos signed into law P.D. No. 1620 granting IRRI the status, prerogatives, privileges and immunities of an international organization. This is blatantly anomalous considering that P.D. 1620 is not a treaty between two or more sovereign states that could vest international legal personality upon IRRI.

That IRRI deserves immunity granted by Presidential Decree 1620

Fact: No! IRRI is not an international organization deserving of immunity because it was not created through an agreement entered into by the Philippine with another sovereign nation. P.D. 1620 therefore is not an international commitment that cannot be repealed without offending a coequal sovereign. Moreover, IRRI is not a representative of any sovereign state entitled to such privileges and immunities as are contained in the Vienna Convention on Diplomatic Relations. Nor can it claim the status of being a specialized agency of the United Nations.

That IRRI’s immunity was uphold by the 1995 International Agreement

Fact: No! Given that the Philippines has entered into the inter-country agreement dated 19 May 1995, this fact cannot be interpreted to mean that IRRI already enjoys international legal personality as well as immunity from suit under municipal law. The said agreement clearly provides that it shall become effective as law upon ratification by any three (3) of the signatory countries.

To date, only Thailand and Turkey have ratified said agreement but not the Philippine Senate as stated in Article. VII, Section. 21 of the 1987 Constitution. As such, with respect to the Philippines, the agreement has not yet attained the status of international law, which is deemed incorporated into our municipal law.

Moreover, in the 1995 Agreement, the following points are at once apparent: it does not bind any party to the agreement to automatically grant IRRI any privileges and immunities and it does not oblige any party to the agreement to provide any form of financial contribution or support to IRRI.

That IRRI is not using P.D. 1620 to suppress workers’ rights

Fact: It is! The right to work is a fundamental right under the Universal Declaration of Human Rights to which the Philippine is a signatory. In granting blanket immunity from suit to IRRI, P.D. 1620 in effect gives it license to breach our labor laws and violate any liability therefor to its Filipino employees who would seek redress for such breach with the proper court or administrative agency.

Moreover, P.D. 1620 is a clear violation of Article III, Section 3, Paragraph 1 of the 1987 Constitution which provides that the State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. Likewise, there are guarantees for a just and living wage, the right to security of tenure, to humane conditions of work, and to participate in decision-making processes affecting workers’ rights and benefits as provided by R.A. 6715.

IRRI has been using the immunity granted to it by P.D. 1620 to subvert the rights of the Filipino workers, conduct union-busting activities, harass unionists and their leaders and implement mass lay-off as in 1989, 1993 and in 1996. IRRI resorted to a series of dubious retrenchment program to cover-up its obvious intention to dismiss its regular employees in violation of the express and clear requirement of the law. Hundreds of Filipino workers were arbitrarily terminated and some are suffering from various illness brought about by exposure to toxic chemicals and pesticides.

With P.D. 1620, Filipino workers have no legal alternative and recourse. In the case of Kapisanan ng Manggagawa at TAC sa IRRI vs. Secretary of Labor (G.R. No. 89331) and Callado vs. IRRI (G.R. No. 106483), the Supreme Court sustained the immunity from suit of respondent IRRI granted by P.D. 1620. The NLRC Case No. RAB-IV-4-8048-96 entitled Patricio M. Layosa, Jr./BISSIG vs. IRRI/Carandang was dismissed last 11 October, 1996 on ground of immunity. The same decision was rendered in NLRC Case No. SRAB-IV-1-5151-97-L (BISSIG-represented by Jose M. Ibabao vs. IRRI) last 30 May 1997.

Likewise, in Case No. R0400-9712-RU-008 (Petition for Direct Certification and/or Certification Election for all rank-and-file employees of IRRI), the DOLE-Region IV considered the instant petition for certification election be held in abeyance pending final resolution by the Supreme Court on the validity of P.D. 1620. And finally, in Supreme Court 1^st Division resolution, the case of Patricio Layosa, Jr., et al. vs. NLRC, et al (G.R. No. 130457) was dismissed.

That BISSIG is just a minority labor group

Fact: Malicious allegation. The Brotherhood of IRRI Support Services Group is a legitimate independent labor organization duly registered with the DOLE with Registration No. RO-400-9603-UR-006. Although BISSIG is not a recognized bargaining agent, it is the only labor union existing in IRRI as certified by the Bureau of Labor Relations. When IRRI arbitrarily implemented the 1996 staff-restructuring program, most of those who were included in the program were BISSIG members.

Obviously, the retrenchment was indeed deliberately timed to shackle and intimidate the workers, and bring BISSIG into submission. And in the process, five key BISSIG officers were terminated and so were all twelve (12) of BISSIG’s Board of Directors. This undeniably partakes the nature of union busting. Now, after wiping almost 80% of BISSIG membership, IRRI is barking that BISSIG is just minority group.

Further to this, when BISSIG filed a petition for direct certification and/or certification election last 22 December 1997, at the DOLE-Industrial Relations Division, 158 rank-and-file workers signed the petition that is more than the 20% required by the law. In the said petition, those who signed want BISSIG to be the sole and exclusive bargaining agent of all regular rank-and-file employees in IRRI. But IRRI unashamedly invoked P.D. 1620 to defer the holding of election.

On the contrary, the much-tooted council of IRRI employees (CIE) is nothing but a mere legal ruse of IRRI management to circumvent the law. In fact, CIE is not a creation of IRRI employees in the exercise of their right to self-organization and it is not a labor organization under the contemplation of the law.

That no case of chemical poisoning or chemical-related incident occurred in the process of IRRI’s research operations

Fact: Camilo M. Malana was a field worker in IRRI from 1977 to 1990. But because of his deteriorating health due to continuous exposure to toxic chemicals, he was transferred to Purchasing Division in 1990. Later, he was found positive of chemical poisoning and was diagnosed to be suffering from leukemia. Despite of medical check-up, deadly cancer virus already affects his vital and main body organs. He finally succumbed to death last 23 January 1997 leaving his confused and bewildered wife. Malana died at the age of 37 and his illness was certified to be work-related. His case was the first documented death on the rank of BISSIG members.

Bernardo B. Calibo was a laborer at the Plant Pathology Department of IRRI. On 06 January 1988, he was found to be suffering from nemomuscular ailment and later diagnosed to be a Parkinson’s disease. He was then terminated from work effective 08 January 1988 after 19 years of service with IRRI. He succumbed to painful death last August 1999.

Alberto N. Banasihan was employed as laborer in IRRI from 1979 to 1983 and later, as a Field Aide from 1983 to 1988. He died last 06 May 1988 due to cardio-respiratory arrest and liver failure. His bewildered wife tried but failed to seek for justice simply because of P.D. 1620.

Last 15 July 1998, six contractual field workers of IRRI was physically exposed to furadan while working in Plot UJ1 drybed/seedbed. Parfinia Gomez, a daughter of BISSIG member, became unconscious and was taken to IRRI clinic for first aid. She underwent treatment at UP-Pharmacology/PGH through the assistance of Institute for Occupational Health and Safety Development (IOHSAD).

Juanito Malbataan – an active BISSIG member belonging to IRRI-tenants and/or peasant group. He was with IRRI for about 23 years as field workers. Hence, he is chronically expose to chemicals and pesticide in the daily course of his work. And due to his involvement in the struggle of Filipino workers, he was then arbitrarily terminated in 1996. But Ka. Juanito is neither cowed nor intimidated and was a part of BISSIG militant struggle against P.D. 1620. Unfortunately, his fragile failed him and he died in December of the year 2000 due to kidney failure.

Benigno P. Carandang was arbitrarily terminated by IRRI in 1996 and became active in all mass actions against IRRI. Ka. Benny is a Board Member of BISSIG and an active campaigner for repeal of P.D. 1620. He idolized Ka. Paeng Mariano as the only leader who escalated the struggle of IRRI-tenants. But the struggle seems to be too much for Ka. Benny disease stricken body as a results of 20 years of physical exposure to chemicals and pesticides. Thus, he died last 12 June 2001 with seeing the dawn of justice.

Emerson B. Delfin was a Laboratory Assistant in Biochemistry Division of IRRI for 22 years. In 1992, he was diagnosed to be suffering from Parkinson’s disease and was certified to be work-related. He was eventually included in the retrenchment program arbitrarily implemented by IRRI management. His now living in great difficulty amidst the poverty of his family.

Hundreds of Filipino workers who were exposed to toxic chemicals and pesticides during their employment in IRRI are now suffering from various illness. But then, the predicament they are facing right now is uncertain since IRRI is immune from any criminal nor civil liability. Until P.D. 1620 remains standing, death is the only reality for the poor and hapless Filipino workers in IRRI.

IF IRRI DOES NOT RECOGNIZE THE RIGHTS OF THE FILIPINO WORKERS AND RESPECT THE CONSTITUTION THEN, WHY SHOULD THE FILIPINO WORKERS REMAIN SILENT?

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