PHILIPPINES: Another indigenous leader killed for opposing the incursion of a US-based palm oil company 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-179-2012
ISSUES: Extrajudicial killings, Human rights defenders, Indigenous people,

Dear Friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that another indigenous leader has been killed in Misamis Oriental. The victim and his group had been opposing the expansion of a big US-based company operating a palm oil plantation. The company intends to grab the land that the indigenous villagers are occupying and to replace the tropical fruits they are cultivating with palm oil. Despite making the threats on him known to public, the victim was never provided any protection and nor were the threats on him investigated.

CASE DETAILS(Based on reports and cases documented by the Rural Missionaries of the Philippines, Northern Mindanao Region (RMP-NMR), Workers Assistance Center (WAC) and Alliance for the Advancement of Peoples Rights (KARAPATAN))

On 3 October, 2012 at 3pm, Gilbert Paborada, (47), of the Higaonon tribe, was shot dead by two unknown men as he was alighting from a motorela (local three-wheel tricycle) in front of his house in Puntod, Cagayan de Oro City. He died on the spot. The attackers were riding on a white motorcycle.

According to witnesses, one of the gunmen approached Gilbert and shot him in the head. He sustained a total of five gunshot wounds two of which hit him in the chest; others hit his body, abdomen and hand.

Gilbert Paborada. Photo by Ecumenical Institute for Labor Education and Research (EILER)

Before Gilbert was killed, like other human rights and political activists murdered earlier in the Philippines, he had also experienced a series of threats. In his case, the threats were allegedly directly from the staff and security guards of the A. Brown Company, a US-based company operating a palm oil business in Opol, Misamis Oriental. On one occasion, in February 10, 2011, security guards of A. Brown Company threatened to shot Gilbert and other indigenous villagers because of their refusal to leave the land they are occupying to give way for the company’s operation.

The group has since been opposing the threat of land grabbing and incursion by the A. Brown Company. The nature of the company’s business threatened to replace tropical fruits crops in the community in which they rely on for their subsistence. The group has already raised serious concerns on this. Gilbert was the chairperson of Pangalasag (indigenous term for shield), a community-based Lumad or indigenous group opposing this expansion.

One of the Lumad leaders had said that Raffy Magbanua, representative of A. Brown Company, had asked Gilbert to stop his campaigns and threatened him that “he might regret what (would) happen to his life.” However, despite the threats that Gilbert and his groups had been experiencing, and which they reported to the authorities, neither him nor the group were offered any protection and neither were the threats investigated in any shape or form.

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below expressing your concern about this case.

The AHRC is also writing a separate letter to the UN Special Rapporteurs on the situation of human rights defenders; on extrajudicial, summary or arbitrary executions and on indigenous people.

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To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

PHILIPPINES: Another indigenous leader killed for opposing incursion of a US-based palm oil company

Name of killed victim: Gilbert Paborada, 47 years old; married with a 7-year old child; resident of Bagocboc village, Opol, Misamis Oriental. He belongs to a Higaonon tribe. He was the chairperson of PANGALASAG (indigenous term for shield), a community-based group of indigenous people opposing incursion of a US-based company operating palm oil plantation, A. Brown in Misamis Oriental. 
Alleged perpetrators: Two unidentified men riding on a single motorcycle
Date of incident: 3 October, 2012 at 3pm
Place of incident: San Nicolas, Puntod in Cagayan de Oro City

I am writing to raise my grave concern regarding the killing of Gilbert Paborada, an indigenous leader belonging to Higaonon tribe, on 3 October 2012 at 3pm. Gilbert was shot dead by one of the two gunmen riding on a motorcycle as he was alighting from the motorela (local tricycle) in front of his house in Puntod, Cagayan de Oro City.

I have learned that witnesses who had seen the incident saw one of the gunmen shot Gilbert dead after approaching him. He suffered five gunshot wounds in his body: in the head, abdomen, hand and two in his chest. He died on the spot.

Before Gilbert was killed, he received a series of threats, allegedly by the security guards and staff members of A. Brown Company, a US-based company operating a palm oil plantation. In one occasions, in February 10, 2011, security guards of the company threatened to shot Gilbert and his fellow tribesmen for refusing to leave the land that they were occupying for the company's operation. Also, Raffy Magbanua, a representative of the company, told Gilbert that he must stop his campaign and threatened him “he might regret what (would) happen to his life”.

Gilbert, being the former chairperson of Pangalasag (an indigenous term for shield), a community-based Lumad or indigenous group, had been opposing for the expansion of the company's palm oil operation as they threatened to grab the villager's land, and to replace cultivation of tropical fruits in their community in which they depend on as their means of subsistence from with palm oil in Opol, Misamis Oriental.

I urge you to investigate Gilbert's murder thoroughly and effectively to ensure those responsible are held to account without delay. Also, to ensure the safety of the witnesses and family of the victim, they must be afforded with adequate security and protection promptly should they decide to prosecute the case.

I trust that you will take appropriate action in this case.

Yours sincerely,

------------------------------ 
PLEASE SEND YOUR LETTERS TO:

1. Mr. Benigno Aquino III 
President 
Republic of the Philippines 
Malacanang Palace 
JP Laurel Street, San Miguel 
Manila 1005 
PHILIPPINES 
Fax: +63 2 736 1010 
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales 
Commission on Human Rights 
SAAC Bldg., Commonwealth Avenue 
U.P. Complex, Diliman 
Quezon City 
PHILIPPINES 
Fax: +63 2 929 0102 
Tel: +63 2 928 5655 / 926 6188 
E-mail: chair.rosales.chr@gmail.com

3. Director General Nicanor Bartolome 
Chief, Philippine National Police (PNP) 
Camp General Rafael Crame 
Quezon City 
PHILIPPINES 
Fax: +63 2724 8763 
Tel: +63 2 726 4361/4366/8763 
E-mail: ruth_cossid@yahoo.com

4. Ms. Leila de Lima 
Secretary 
Department of Justice (DOJ) 
DOJ Bldg., Padre Faura 
1004 Manila 
PHILIPPINES 
Fax: +63 2 521 1614 
E-mail: soj@doj.gov.ph 

5. Ambassador Harry K. Thomas, Jr
Embassy of the United States of America 
1201 Roxas Boulevard
Manila
PHILIPPINES

6. Foreign Agricultural Services
Embassy of the United States of America
25/F Ayala Life/FGU Center 
6811 Ayala Avenue 
Makati City
Tel. No.: + 63-2 887 1137/53
Fax: + 63 2 887 1268
PHILIPPINES


Thank you. 
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia) 

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-179-2012
Countries : Philippines,
Issues : Extrajudicial killings, Human rights defenders, Indigenous people,