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PHILIPPINES: Three more peasant activists killed in separate attacks

July 6, 2006

[NOTICE: To facilitate your intervention of the urgent appeals issued by the AHRC, we have developed a new automatic letter-sending system using the "button" below. However, in this appeal, we could not include available e-mail addresses of many of the Philippine authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Philippine authorities are attached below with this appeal. Thank you.]

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

7 July 2006
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UA-223-2006: PHILIPPINES: Three more peasant activists killed in separate attacks

PHILIPPINES: Extra-judicial killings; violence against human rights defenders; failure of authorities to provide protection; delays in arresting perpetrators despite charges filed; complete collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that another three peasant activists have been killed in separate attacks in Negros Occidental, Visayas. On June 26, two unidentified gunmen shot dead Wilfredo Cornea in Hacienda Mulawin, Sagay. The killing of Cornea took place after two other activist were also killed earlier. On May 17, armed men who allegedly had connections with an influential landowner killed Mario Domingo in Hacienda Cambuktot, La Castellana. On April 22, three gunmen shot dead Porferio Maglasang Sr. at a chapel near his house in Kabankalan City.

According to an appeal from the Observatory for the Protection of Human Rights Defenders quoting a report from Task Force Detainees of the Philippines (TFDP), Cornea’s murder was believed to have been connected to his campaign in support to farmers demanding for a genuine land reform in their community. He was an advocate for the farmers’ right to get the land awarded to them through the Comprehensive Agrarian Reform Program (CARP), which was opposed by a local landowner, Aquiles Lopez. After the shooting, Cornea’s wife saw two gunmen fleeing from their place.

At the time of his death, Cornea was the vice-chairman of Task Force Mapalad (TFM), a national federation of farmers. He was also a leader of Mulawin Lanatan Agrarian Reform Beneficiaries Association (MULARBA), an affiliate of TFM in Negros.

Prior to Cornea’s killing, peasant leader Domingo was also killed on May 17. Domingo was together with his four companions when he was attacked by armed men who had connections to an influential landowner, Farley Gustilo. Domingo and his companions were visiting a land awarded to them by the Department of Agrarian Reform (DAR) which was formerly occupied by the Gustilos. Before heading to the farmland, Domingo sought security escort from the Regional Mobile Group (RMG) in Hacienda Cambuktot, Barangay Mansalanao, La Castellana after receiving reports of the presence of 20 employees of the Gustilos, some of whom were armed. When the group arrived in the area, armed men started shooting at them. Two of the attackers--Romulo Ellano and Eduardo Semillano-- reportedly shot at Domingo who died on the spot. Domingo’s companions, however, survived the attacked. According to witnesses, four companions of the attackers were Eduardo’s father Eddie, Eric Fernandez, Ramonito Osano and Gerry Menguillo.

At the time of his death, Domingo was the president of the Hacienda Cambuktot Agrarian Reform Beneficiaries Association (HACARBA). The contested land was awarded to Domingo’s group in 1991. However, the Gustilo’s who formerly owned the land filed a motion for injunction, preventing the farmer beneficiaries from taking it over. According to the information received, no perpetrators involved in the shooting have been arrested despite a charges filed by the TFM against them.

In another case, armed men also killed Maglasang on April 22. Maglasang was shot dead by three unidentified gunmen at a chapel near his house. According to Maglasang’s wife, the gunmen went to their house and asked her husband for a talk. When her husband asked them who they were he was instead told to come with them to a chapel nearby. They neither identify themselves to him or their purpose for coming. Soon after Maglasang went with the three men to a chapel nearby where the gunmen shot Maglasang several times at close range.

At the time of his death, Maglasang was the chairperson of the Kabankalan Chapter of the National Federation of Free Farmers (Pambansang Katipunan ng Malayang Magbubukid - PKKM). Maglasang was amongst the leaders who were earlier forced to evacuate when the military launched Operation Thunderbolt in Southern Negros, in particular in the areas of Sipalay, Cauayan, Candoni, Ilog and Kabankalan. Maglasang and other fellow members have long been fighting for over 2,000 hectares of cogonal land in the upland areas of Kabankalan City. The land is being tilled by almost 1,000 farming families.

SUGGESTED ACTION:

Please write letters to concerned agencies regarding these killings. The police investigating the killing of Wilfredo Cornea and Porferio Maglasang Sr. must take all effective means of investigation to identify the perpetrators. The Task Force Usig, a special investigating unit tasked to investigate killings of activists, must include these cases and consider them a priority.  In Mario Domingo’s case, please pressure the police to affect the arrest if there are court warrants to do so. The perpetrators must be prosecuted in a court of law.

To support this appeal, please click:

Suggested letter:

Dear __________,

PHILIPPINES: Three more peasant activists killed in separate attacks

Case 1:
Name of the victim: Wilfredo Cornea of Hacienda Mulawin, Sagay. He was the vice-chairman of Task Force Mapalad (TFM), a national federation of farmers.
Alleged perpetrators: Two unidentified gunmen
Place of incident: Hacienda Mulawin, Sagay, Negros Occidental
Date of incident: 26 June 2006

Case 2:
Name of the victim: Mario Domingo of Hacienda Cambuktot, Barangay (village) Mansalanao, La Castellana. He was the president of the Hacienda Cambuktot Agrarian Reform Beneficiaries Association (HACARBA)
Alleged perpetrators: Romulo Ellano and Eduardo Semillano, both at employees of Farley Gustilo, a former landowner of a contested land awarded to Domingo’s group. Those together with the gunmen during the shooting were Eduardo’s father Eddie, Eric Fernandez, Ramonito Osano and Gerry Menguillo.
Place of incident: Hacienda Cambuktot, Barangay Mansalanao, La Castellana
Date of incident: 17 May 2006

Case 3:
Name of the victim: Porferio Maglasang Sr. of Sitio Caraan, Barangay Tampalon, Kabankalan City. He was the chairperson of the Kabankalan Chapter of the National Federation of Free Farmers (Pambansang Katipunan ng Malayang Magbubukid - PKKM)
Alleged perpetrators: Three unidentified armed men
Place of incident: At a chapel near his house in Sitio Caraan, Barangay (village) Tampalon, Kabankalan City
Date of incident: 22 April 2006

It has come to my attention that another three peasant activists have been killed in separate attacks in Negros Occidental, Visayas. On June 26, two gunmen shot dead Wilfredo Cornea in Hacienda Mulawin, Sagay. On May 17, armed men who allegedly had connections with a local landowner shot dead Mario Domingo in Hacienda Cambuktot, La Castellana. On April 22, three gunmen killed Porferio Maglasang Sr. near his house in Kabankalan City.

As you are aware, these attacks are yet further incidents of the unabated killings and violence against activists in your country. I have learned that Cornea’s killings could have been connected to his active involvement in support of the local farmers for a genuine land reform in his community. He had been helping farmers to claim their lands as beneficiaries to the government’s Comprehensive Agrarian Reform Programme (CARP).

The motive in Mario Domingo’s killing likewise believed to have been similar to Cornea. I have learned that two of Domingo’s attackers, namely Romulo Ellano and Eduardo Semillano, reportedly had connections with a local landowner, Farley Gustilo. I am aware that Ellano and Semillano are employees of the Gustilos who strongly opposed to turn over the farmland to Domingo’s group despite an order by the Department of Agrarian Reform (Dar) in 1991. Although whether or not Gustilo has had direct involvement in Domingo’s killing or to the actions of his men, I am deeply concerned that it might have been. We therefore urge your intervention to ensure that the Gustilos are also investigated to answer the allegations against them.

I am extremely disappointed over the delays in the arrest of Ellano and Semillano although charges have already been filed against them. We therefore urge you to affect their immediate arrests if the court has already issued arrest warrants. They must be brought and prosecuted before a court of law. The four other companions of Ellano and Semillano, who were identified as Eduardo’s father Eddie, Eric Fernandez, Ramonito Osano and Gerry Menguillo, who were present together with them during the attack, must also be investigated regarding their involvement in Domingo’s death. Should there be sufficient grounds that they were indeed accomplices to the crime, they must also be prosecuted in a court of law.

Additionally, I also request your appropriate intervention to ensure that further effective and immediate investigation is also conducted into Maglasang’s killing. I am aware that Maglasang’s wife may be of help to identify the three gunmen. I have learned that his wife was present when they went to their place. At that time, they requested Maglasang to come with them for a talk to a nearby chapel where he was shot at close range. I therefore urged you to consider Maglasang’s wife and his family as beneficiary to the Witness Protection, Security and Benefit Act (RA 6981). The statement to which Maglasang’s wife could give is essential to effectively identify and prosecute the perpetrators in court.

Finally, I express my extreme disappointment of the authority’s failure to take effective measures to address the worsening attacks against activists in your country. While I appreciate the government’s creation of the Task Force Usig, a special investigating body created to investigate the unabated killings of activists, I express discontent at the manner the Task Force Usig and other task forces created for this purpose perform their duties. Given the situation of the worsening situation, I observed that action taken are completely inadequate, police methods of investigation could not produce conclusive findings, and failure of the prosecution to recommend for protection or ensure the safety of the witnesses. Unless the government ensures that the lives of their citizens are protected and families of the dead could seek remedies and redress, until then the government could show sincerity of respect to human rights it claims to uphold.

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


Yours sincerely,


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PLEASE SEND YOUR LETTERS 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@yahoo.com

2. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph

4. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Tel: +63 2 735 6201 / 564 1451 to 80
Fax: +63 2 736 1010

5. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph

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

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org 


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-223-2006
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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.