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PHILIPPINES: Soldiers kill nine farmers in Leyte, Visayas

November 21, 2005

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

21 November 2005
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UA-216-2005: PHILIPPINES: Soldiers kill nine farmers in Leyte, Visayas

PHILIPPINES: Extra-judicial killings; land rights; human rights defender; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the shocking killing of nine farmers in Palo, Leyte, Visayas early today. A reliable source said nine people were killed while several others were wounded when soldiers attached to the 19th Infantry Battalion, Philippine Army, opened fire on a group of people who have been holding a protest vigil in the area since Sunday. The names of the victims are not yet available.

At least 60 people, most of whom were beneficiaries of land reform, gathered to demonstrate against their land owner’s alleged refusal to have his land covered and have them distributed to farm beneficiaries under the Comprehensive Agrarian Reform Program (Carp). The farmers have fought to claim the right to own the piece of land under the land reform programme.

Some of the victims died on the spot while others were taken to the AVRMC Hospital in Tacloban City, Visayas. Other wounded victims were taken to the nearby office of the Bayan Muna, a party list organisation. This is yet another incident of violence against farmers over issues of land reforms.

The AHRC has reported previously on the killings of farmers, activist (UA-34-2005) and a priest (UP-26-2005) over farmer’s struggle to reclaim their land in Hacienda Luisita, Tarlac, Luzon. In Mindanao, the families of farmers have suffered hunger and starvation (HA-25-2005) after they were sacked from the company they formerly worked for following a protest over land distribution. The AHRC has condemned this situation in its previous statements (AS-40-2005 and AS-109-2005).

We urge your immediate and strong intervention in asking the Philippine government, in particular the head of Ombudsman for Military to conduct an independent and impartial investigation into this case. If the allegations are found to be true, criminal charges must be filed against the perpetrators in a court of law. The soldiers and officials of the military involved must be given immediate suspension and restrictions once the investigation commences. Appropriate assistance and indemnification must also be afforded to the victims and families of the dead.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION

Number of victims killed: At least nine farmers
Date and place of incident: 21 November 2005, at around 5:00 a.m. in Palo, Leyte, Visayas
Alleged perpetrators: Elements of the 19th Infantry battalion, Philippine Army (PA)

Case details:

On 21 November 2005, soldiers attached to the 19th Infantry battalion, Philippine Army (PA), allegedly opened fired on a group of farmers who had gathered for a vigil protest. At least nine people were killed while several others were wounded.

It was reported that at least 60 people, most of whom are farm beneficiaries, had gathered in the area. The protestors were demanding that their landlord, Pedring Margallo, have his land holding covered under the Comprehensive Agrarian Reform Program (Carp) for distribution and to award the land to farm beneficiaries.

The soldiers, attached to the 19th Infantry Battalion, Philippine Army (PA), arrived in the area and opened fired on the crowd over reports that there were armed elements reportedly joining the farmers in their protest. But a reliable source strongly maintains that the victims were unarmed when the incident took place. Some of the victims died on the spot while several others were taken to hospital for treatment.

Reports from the media indicate that a certain Colonel Louie Dagoy, 19th IB commanding officer, claimed that there was an encounter with the group and the soldiers. But our source states that the soldiers have fabricated this story allegedly to justify the killing, and to discredit the victims who died - most are members of Bayan Muna, a party list organisation.

AHRC’s observation:

This is yet another incident of violence against farmers in Philippines who are fighting for land reform and land distribution under the Carp.

In this case, there is an urgent need to conduct an immediate and impartial investigation. Regardless of whether the incident was a legitimate encounter or not, the victims and families of the dead must not be denied a fair, impartial and credible investigation in seeking the truth and ultimately justice.

The alleged perpetrators involved, including officials by principle of command responsibility, must be placed under investigation. Appropriate sanctions and restrictions must be filed against those involved once the investigation commences. The victims and families of the dead must be afforded immediate assistance.

SUGGESTED ACTION:

Please send a letter to the Ombudsman for Military and the Commission on Human Rights (CHR) asking them to conduct an immediate and impartial investigation into the incident without delay.

Suggested letter:


Dear ___________,

PHILIPPINES: Soldiers kill nine farmers in Leyte, Visayas

Number of victims killed: At least nine farmers and several others wounded
Date and place of incident: 21 November 2005, at around 5:00 a.m. in Palo, Leyte, Visayas
Alleged perpetrators: Elements of the 19th Infantry battalion, Philippine Army (PA)

I was shocked to learn about the killing of nine farmers and the wounding of several others in Palo, Leyte, Visayas. I have learnt that the soldiers, attached to the 19th Infantry Battallion, Philippine Army (PA), reportedly opened fire on the victims who at the time were conducting a vigil protest.

I am aware that this is yet another incident of violence against farmers in Philippines fighting for land reform. In November 2004, several farmers who were on protest were also killed by government forces in Hacienda Luisita, Tarlac. Although I am aware an investigation was conducted into that incident, to my knowledge no sanctions against the alleged perpetrators were taken.

I am deeply concerned by the government’s failure to prevent this violence from reoccurring. I urge you to conduct an immediate and impartial investigation into the killing of the farmers in Leyte, Visayas. Investigations should lead to identify and prosecute the soldiers responsible for this senseless killing.

The military officials involved, in particular Colonel Louie Dagoy, the commanding officer of the 19th IB, PA, must also be investigated by an independent body. Further, such persons must be restricted in or suspended from their duties while investigations are underway.  Charges must be then filed against them if allegations of their involvement are found to be true.

I further urge you to ensure that appropriate financial assistance is provided to the victims and families of the dead without delay.

I trust that you will take action in this case.

Yours sincerely,


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PLEASE SEND LETTERS TO:

1. Mr. Bienvenido C. Blancaflor
Director
Fact-Finding Investigation, Corruption
Prevention and Public Assistance Bureau
Office of the Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road
Diliman (1104) Quezon City
PHILIPPINES
Tel: +632 926 9032

2. Mr. Paquito Nacino
Regional Director
Commission on Human Rights (CHR VIII)
3rd Floor, R. Yu Salazar Annex Bldg.
Salazar Street, Tacloban City
PHILIPPINES
Telefax: +63 053 321 3396

PLEASE SEND COPIES TO:

1. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928-5655/926-6188
Fax: +63 2 929-0102
Email: drpvq@chr.gov.ph

2. Secretary Avelino J. Cruz Jr.
Department of National Defense
Room 301 DND Bldg.,
Camp Emilio Aguinaldo
E. de los Santos Avenue, Quezon City
PHILIPPINES
Fax: +63 2911 6213
Email: osnd@philonline.com

3. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame, Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

4. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.org

5. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-216-2005
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.