Nestle Union President and KMU Leader Shot Dead! Justice Now for Nestle Workers!
Nestle Union Leader Assassinated - Justice for Nestle Workers NOW!

Diosdado Fortuna, the leader of the Nestle workers' union in the Philippines which has been on strike since January 14, 2002 and the chairperson of the KMU (Kilusang Mayo Uno) regional chapter of the Solidarity of Workers in Southern Tagalog, was shot dead in Southern Tagalog on Sept 22, 2005. He was killed by unidentified motorcycle-riding gunmen on his way home. Fortuna, fondly called Ka Fort by friends and comrades, was the president of the Union of Filipro Employees Drug, Food & Allied Industries (UFE-DFA-KMU) in Cabuyao, Laguna. Fortuna, 50 years old, was an active member of KMU National Council and had served the militant labor movement for 29 years since 1976 as a labor leader of the multinational company Nestle workers' union. "As a principled labor leader, Ka Fort manned the Nestle picketlines since their strike started in January 2002. He consistently advocated workers' rights and welfare by actively serving the union and progressive people's movement in Southern Tagalog, despite dangerous conditions and threats on his life. He braved and fought the government's militarization campaign and atrocities on the people's rights and livelihood," said KMU Chairperson Elmer Labog. Ka Fort had received death threats and was under constant surveillance and harassment by military and paid goons of Nestle since the Cabuyao plant went on strike on January 14, 2002 over a deadlock in the collective bargaining agreement (CBA). The Nestle management refuses to include the retirement benefits of the workers in the CBA, despite an earlier ruling of the Supreme Court in favor of the workers. KMU also noted that on the day Fortuna was killed, there was heightened police and military presence in Laguna and several checkpoints were set up. Likewise, in the provincial rally on Sept 21, an alarming number of military forces were deployed both inside and outside the perimeter of Nestle plant, carrying long firearms. This tragic news comes on the heels of another Nestle-linked assassination, that of Luciano Enrique Romero Molina, who was a trade union leader and Nestle worker in Colombia with SINALTRAINAL. It comes as a personal shock to some of us here at USAS, as Ka Fort had met extensively with USAS's international intern this summer in the Philippines, as well as staffperson Camilo Romero. Stand in solidarity with Nestle workers by expressing your outrage to the Nestle management, to Pres. Gloria Macapagal Arroyo, Department of Labor and Employment for the Philippines and other concerned agencies.

Sample Letter for Campaign

Subject: Justice for Diosdado "Ka Fort" Fortuna! Justice for Nestle Workers!

Dear [ Decision Maker ] ,

As a member of United Students Against Sweatshops, I condemn the recent murder of prominent labor leader Diosdado "Ka Fort" Fortuna, President of United Filipro Employees - Drug, Food and Allied Industries (UFE-DFA-KMU), the Nestle Cabuyao Workers' Union. Fortuna held several other prominent positions, including Chairperson of Pagkakaisa ng mga Manggagawa sa Timog Katagalugan (PAMANTIK; Solidarity of Workers in Southern Tagalog), a regional chapter of Kilusang Mayo Uno (May One Movement) chapter and Chairperson of Anakpawis-Partylist, Southern Tagalog, a progressive political party.

Fortuna was brutally murdered on his way home in front of Sagara Factory in the province of Laguna on September 22, 2005. He was rushed to the hospital and was pronounced dead on arrival. He sustained two gunshot wounds, entering through the back, from unnamed assailants.

Fortuna was a prominent leader in the progressive labor movement for 28 years, during which time his commitment to the workers' struggle never wavered. As President of the Nestle Cubuyao Workers Union, he was a constant presence on the picket line since the strike began in January 2002. The Nestle workers have been waging a three-year struggle for retirement benefits, salary, and rights on the job. During this time, Nestle brutally attempted to break the strike, through illegal and unethical tactics. The Nestle strikers have maintained their picketline, despite harassment, violence, and multiple dispersal attempts.

As chair of the political party Anakpawis-Southern Tagalog, Fortuna was a national leader in the Filipino peoples' struggle for national democracy and national sovereignty. Despite death threats and harassment, Fortuna fearlessly and courageously fought for workers' rights.

It is clear that Fortuna's death is the most recent in a series of politically motivated killings. The country is in a state of undeclared martial law, with members of progressive people's organizations becoming targets of state terrorism. Since January 2005 there have been more than 35 murders of activists, journalists, human rights lawyers and defenders, church people, and members of progressive political parties and organizations.

Since President Gloria Macapagal Arroyo took office in 2001, there were 414 cases of political killings of mass leaders and activists and 4,210 human rights violations, as documented by the 70 international delegates of the International Solidarity Mission 2005. The government's inaction and promotion of human rights abusers, such as General Jovito Palparan, has created a culture of impunity and repression.

I join Kilusang Mayo Uno and other progressive Philippine organizations in demanding a full investigation into Diosdado Fortuna's brutal murder and the full indemnification of his family. Furthermore, we demand that the perpetrators be brought to justice.

We stand in solidarity with the Nestle workers in their just demands. We stand in solidarity with progressive organizations in the Philippines in their call for justice for all the political killings and human rights abuses. We demand that the Armed Forces of the Philippines and President Arroyo be held accountable for the seemingly endless killing of progressive people.

Diosdado Fortuna was a well respected and much loved labor leader; he and all the victims of political killings deserve justice. We will remain vigilant until justice is won.

Sincerely,

Campaign Launched:
October 03, 2005



Background Information

Facts on the Nestle Union Strike in Cabuyao, Laguna, Philippines and the recent assassination of Nestle Union President Diosdado "Ka Fort" Fortuna

Nestle, a giant transnational food company is scattered in 70 countries with over 500 plants, including the Philippines. The Nestle Cabuyao Plant in the Southern Tagalog region of the Philippines is the oldes Nestle plant in the country. Forthe past 3 years, Nestle Philippines has made P8.76 Billion (Philippine Peso) profit

In 1987, the Nestle workers in Cabuyao launched a strike with retirement benefits as the main subject of the Collective Bargaining Agreement (CBA). The workers won after a two year strike and the National Labor Relations Commission (NLRC) ruled in 1989 that a worker retirement plan was indeed a collective bargaining issue. The decision was later ruled as correct by the Supreme Court in 1991.

In 2001, when the existing CBA between the Union of Filipino Employees Drug and Food Alliance-Kilusang Mayo Uno (UFE-DFA-KMU) expired, Nestle Philippines refused the workers demand for negotiations on the CBA unless the Retirement Plan was excluded in the agreement

Late 2001, the Union filed a Notice of Strike on CBA deadlock and an Amended Notice of Strike on the grounds of Unfair Labor Practice for violation of Article 284 of the Labor Code, particularly Nestle's refusal to bargain, or bargaining in bad faith.

The Dept. of Labor and Employment (DOLE) imposed an Assumption of Jurisdiction order on the labor dispute, claiming the Nestle strike would be inimical to "national interest". When the Union filed a Motion for Reconsideration, it was trashed by DOLE.

2002 - present: Pushed against a wall, the Union launched a arduous strike on the Nestle Cayubao plant that has lasted to the present time. While DOLE and Nestle have pushed forward with numerous tactics to subdue the striking workers, ranging from the issuing of return to work orders to the forceful confrontation with hired Nestle goons, the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP), the workers have defied them all and stood firm on the justness of their demands and that that Supreme Court's ruling that the retirement benefit is a legitimate CBA matter.

Sept. 22, 2005: Nestle Union President and KMU Leader Shot Dead!