PHILIPPINES: Killing of a labor rights activist for the Hacienda Luisita farm workers in Tarlac City 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-34-2005
ISSUES:

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from a human rights non-government organization, Bagong Alyansang Makabayan (Bayan-Tarlac), regarding the killing of a human rights activist and council member of Tarlac City, Abelardo R. Ladera, on 4 March 2005. Ladera was shot dead by an unidentified person in a store in McArthur Highway, Tarlac City. It is believed that Ladera was killed due to his stance and continued effort to help farm workers in Hacienda Luisita in Tarlac, who are campaigning for their labour rights and land ownership against the influential Cojuanco families, the military and the police forces.

Ladera is the ninth person to be killed since the violent confrontation between the protesters and the government forces broke out on 16 November 2004, which killed seven people. On 8 December 2004, a farm workers’ leader Marcing Beltran was also assassinated.

We urged you to pressure the Government of  the Philippines as well as the Commission on Human Rights (CHR) in the region to conduct an immediate and independent investigation into the killing of Ladera and identify and arrest the perpetrators. Please also urge the Government to investigate the killing of Marcing Beltran and take strong action to prevent further violence against farm workers and human rights defenders.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mr. Abelardo R. Ladera, 43 years old, the City Councilor of Tarlac, Luzon, Philippines and a provincial Chapter leader of party-list Bayan Muna
Alleged perpetrator(s): unidentified
Date of incident: At around 1:00pm on 4 March 2005
Place of incident: in a store in McArthur Highway, Barangay Paraiso, Tarlac City

Case details: (based on the report by the Bayan-Tarlac)

Abelardo R. Ladera (43), the City Councilor of Tarlac, Luzon, Philippines and a provincial chapter leader of party-list Bayan Muna, was shot dead by unidentified attackers at around 1:00pm on 4 March 2005 while on his way home along McArthur Highway, Barangay Paraiso, Tarlac City. He was hit on his upper left chest, with the bullet piercing his heart. His driver Edwin Arocena took him to the hospital, but Ladera was declared dead on arrival. The identity of his attackers remains unknown.However, it is alleged that the Armed Forces of the Philippines (AFP), in particular, the Northern Luzon Command (NolCom), played a hand in the killing of Ladera.

Ladera was the ninth victim to be killed since the violent dispersal of protesting workers was conducted on 16 November 2004 in Hacienda Luisita, Tarlac, which caused the death of seven farm workers, the serious injury of ten persons and the hospitalization of some 200 protesters. Separately, on 8 December 2004, another leader of farm workers identified as Marcing Beltran was killed.

It is alleged that Ladera was falsely branded as a ‘contact person of the Communist Party of the Philippines (CPP) and the New Peoples Army (NPA) in Hacienda Luisita’ by the agents of AFP-NolCom during the security briefing at the Nolcom headquarters, Camp Aquino, Tarlac on 22 January 2005. He was labeled as a communist again at the NolCom’s briefing, the meeting of the Association of Barangay Captains (ABC) in Tarlac City.

Ladera had been mediating between farm workers and the Cojuanco family, owner of the Central Azucarera de Tarlac, to settle the dispute before and after the violent dispersal on November 16. However there was no positive response from the Cojuanco family. Ladera, as provincial leader of party list Bayan Muna, was very vocal on the campaign condemning the excess suppression of the military and police against the farm workers during the protest on November 16 as well as the assassin of Marcing. The circumstances suggest that Ladera may have been killed due to his firm stance in support of the farm workers’ struggle in Hacienda Luisita, Tarlac. Furthermore, Ladera also supported the House Resolution No. 155 that calls for a congressional inquiry on the implementation of the Stock Distribution Option (SDO) in Hacienda Luisita.

Background of farm worker’s protest in Hacienda Luisita, Tarlac:

On 6 November 2004, at around 12:00pm, some 5,000 mill and farm workers of the Cantral Azucarera de Tarlac Labor Union (CATLU) and United Luisita Worker’s Union (ULWU) held a protest in front of the gate of the sugarcane plantation, Central Azucarera de Tarlac (CAT).

The workers are ‘co-owners’ of the 4,915.75 hectares of land inside the Hacienda Luisita Inc. (HLI) classified as agricultural land. As farm-worker-beneficiaries, they are entitled to 33.296% of the outstanding capital stock for the Stock Distribution Option (SDO) scheme for being beneficiaries of the Comprehensive Agrarian Reform Program (CARP).

The workers protested against the measures imposed on them which hampered their livelihood. They protested about the massive land-use conversion in the hacienda, the implementation of the “voluntary early retirement program” in 2000 by the Hacienda Luisita Incorporated (HLI) and the continued reductions of man-days. These measures have resulted in the lay-off of more than 1,000 farm workers since 1989.

On 1 October 2004, 327 farm-workers, including nine officers of ULWU, were retrenched by the Hacienda Luisita Incorporated (HLI)’s management. The effort of the Central Azucarera de Tarlac Labor Union (CATLU) to collectively bargain with the management regarding their demands for wage increase and benefits drew to a stand still.

These issues prompted the protesters to stage a picket in front of the gate of Central Azucarera de Tarlac, Tarlac on 6 November 2005. The protest went on for several days and resulted in the loss of company’s estimated income. As the tension grew, several attempts to disperse the protesters were made by the police and the military, but these failed. The protesters stood their ground until a violent confrontation between protesters, the military and police forces broke out on 16 November 2004. Seven people were killed and ten people were severely injured while some 200 protesters were hospitalized at the time.

The Commission on Human Rights is conducting an inquiry into this incident but has not yet released its report.  In the meantime, several cases of violence against people who were involve and supported this matter have been reported.

SUGGESTED ACTION:
Please send a letter, fax or e-mail to the following officials and concerned government officials and express your concern about this case.

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SAMPLE LETTER

Dear ___________,

Re: Philippines: Killing of a labor rights activist for the Hacienda Luisita farm workers in Tarlac City

Name of the victim: Mr. Abelardo R. Ladera, 43 years old, the City Councilor of Tarlac, Luzon, Philippines and a provincial Chapter leader of party-list Bayan Muna
Alleged perpetrator(s): unidentified
Date of incident: At around 1:00pm on 4 March 2005
Place of incident: in a store in McArthur Highway, Barangay Paraiso, Tarlac City

I am writing to raise my concern and urge your office to conduct an impartial and immediate investigation into the 4 March killing of Abelardo Ladera, a labor rights activist and Councilor of Tarlac City. It is alleged that the killing of Ladera was an attempt to silence him due to his active participation in helping farm workers in Hacienda Luisita, Tarlac, who had been in a long standing labor and land ownership dispute with Hacienda Luisita Incorporated (HLI), the sugarcane plantation company.

The murder of Ladera is yet another case of serious violence against the people working for farm workers for their labour and land ownership rights. Ladera is the ninth person to be killed in the continued stand off between the protesters and the HLI. The violent dispersal of protesting farm workers on 16 Novemebr 2004, which resulted in the death of seven protesters, the seriously wounding of 10 others and the hospitalize of hundreds. On 8 December 2004, another labor rights leader Marcing Beltran was also killed.

Section 1 Article III of the 1987 Philippine Constitution provides that ‘no person shall be deprived of his life, liberty or property, without due process of law nor shall any person be denied the equal protection of the laws’. Article 2 of the United Nations (UN) Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms also states that ‘Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms’.

I urge you to immediately take action on this matter and to identify and arrest the perpetrators. I also urge you to take appropriate action to prevent further violence against farm workers and human rights activists. I further urge you to initiate dialogue with farm workers and the HLI to find peaceful alternatives in this matter. The inquiry resolution of the Commission on Human Rights regarding the November 16 incident must be immediately released to the public.

Your urgent intervention will be highly appreciated.

Yours truly,

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SEND A LETTER TO:

1. Hon. Gloria Macapagal Arroyo
President
Malacanang Palace
J.P. Laurel St., San Miguel
Manila, NCR 1005
PHILIPPINES
Fax: +63 2929 3968

2. Hon. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Fax: +63 2929 0101/928 0848
Email: drpvq@chr.gov.ph

3. Hon. Avelino J. Cruz Jr.
Secretary, 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

4. P/DIR Gen. Edgar B. Aglipay
Chief, Philippine National Police (PNP)
Camp Crame, Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724-8763

5. Atty. Jasmin N. Regino
Regional Director
Commission on Human Rights (CHR III)
3/F, Kehyeng Bldg., bmajekodunmi@ohchr.org

7. Mr. Philip Alston
Special Rapporteur on Extrajudicial, 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)
E-mail: urgent-action@ohchr.org

Thank you.

Urgent Appeals Desk
AHRC Urgent Appeals Programme

Mc Arthur Highway, Dolores
San Fernando, Pampanga
Philippines
Tel: +63 45 961 4830
Telefax: +63 45 961 4475

6. 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:

Document Type : Urgent Appeal Case
Document ID : UA-34-2005
Countries : Philippines,
Campaigns : Stop extra-judicial killings in the Philippines