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PHILIPPINES: Four farmers wounded in ambush in Negros

December 5, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

5 December 2006
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UA-387-2006: PHILIPPINES: Four farmers wounded in ambush in Negros

PHILIPPINES: Violence against farmers seeking land reform; failure of the police to provide protection and security; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that four farmers were wounded after they were reportedly ambushed by armed security guards of an influential landowner in Himamaylan City, Negros Occidental at 5:30pm on 17 November 2006. The victims, Francilita Saquital (42), Maria Luz Inlao (53), Thomas Cordova (38) and Basilia Cordova (41), had just finished loading their sugarcane harvest together with other farmers into their cargo truck and their way out of the farm when the perpetrators open fired the truck they were riding on.

CASE DETAILS:

According to information from Karapatan (Alliance for the Advancement of Peoples' Rights)-Negros Chapter, the four victims are members of Hacienda Naval Workers' Association (NAWA). They are beneficiaries of the Comprehensive Agrarian Reform Program (Carp) at Hacienda Naval. The Carp is the government's land reform program that allows distribution of farmlands to former land less tenants for them to cultivate and own. They decided to harvest the sugarcanes they planted at field 11 of the Hacienda Naval after the Department of Agrarian Reform (DAR) awarded the land to them.

At around 1pm on November 17, the cargo truck the victims were riding had already been harassed and fired upon by members of the Tuguis Security Agency (also called "blue guards") while on their way to the farmland. They were alleged to have been hired by the hacienda's landowner Jomarie Javellana. The shooting resulted to a confrontation between the blue guards and farmers who were on their way to harvest. They gathered in the area to safeguard their harvested sugarcanes.

 In the morning of the same day, the victims had already requested the Himamaylan City Police Office (HCPO) and the Municipal Agrarian Reform Officer (Maro) for several times in order to get their assistance to prevent possible harassment by the security guards while they cut and load the sugarcane.  These authorities, however, ignored the victims' request. Nonetheless, the farmers decided to continue on harvesting the sugarcane in absence of security and protection from the police force or Maro. At around 3pm that day the farmers pushed through in harvesting the sugarcanes.

It was around 5:30pm when the victims finished loading their harvest into their truck. Some of the NAWA members decided to check the road on their way out first for fear that the security guards could have scattered spikes along the roads. Some of them rode on the truck, while the others accompanied it by walking.  Upon reaching the junction of field 30, some armed members of the Tuguis Security Agency were reportedly seen hiding at a nearby sugarcane field. The perpetrators, armed with 12 gauge shotguns, suddenly opened fire at the cargo truck where the victims were riding on.

After the ambush, four of the NAWA members suffered from gunshot wounds. Thomas Cordova was hit to his arm, Francilita Saquital was hit to her left arm and left side of her abdomen, Maria Luz Inlao was hit to her right thigh and Basilia Cordova was hit to her upper left breast and is in serious condition. Cordova was carrying her three-year-old daughter when the ambush took place.

Some of the NAWA members who was presenting during the incident were able to identify the perpetrators as Antonio Garcia and two others whom they identified only by their nicknames as "Boyet" and "Cañon".  The fourth suspect has yet to be identified. The witnesses testified that Garcia was wearing a white shirt and blue pants. The others were wearing their blue security guard uniforms. Witnesses said that the perpetrators emerged from the sugarcane field after ambushing the cargo truck and tried to chase the other NAWA members escorting the truck.

Five empty shells of 12-gauge shotgun were recovered at the crime scene. The suspects remain at large.

SUGGESTED ACTION:
Please write letters to the concerned agencies requesting for their immediate intervention to ensure that appropriate criminal charges are filed against the perpetrators in court. The victims should also be afforded with security protection and compensation. The allegations of failure on the part of the city's police force to afford security to victims must be thoroughly investigated. An independent investigation must be look into whether the influential landowner, Jomarie Javellana was involved in. Appropriate charges against him must also be filed in court should there be sufficient evidence to do so.

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Sample letter:

Dear _____________,

PHILIPPINES: Four farmers wounded in ambush in Negros

Name of victims:
1. Francilita Saquital (42)
2. Maria Luz Inlao (53)
3. Thomas Cordova (38)
4. Basilia Cordova (41)
All the victims are members of the Hacienda Naval Workers Association (NAWA)
Alleged perpetrators: Four members of Tuguis Security Agency; Antonio Garcia, two persons identified only by their nicknames as Cañon and Boyet and one who has yet to be identified; They are alleged to have been hired as security guards for landowner Jomarie Javellana
Place of incident: Hacienda Naval, Barangay (village) Talaban, Himamaylan City, Negros Occidental province
Date of incident: 17 November 2006, at around 5:30pm

I am writing with deep concern to learn of yet another violence perpetrated against farmers seeking genuine land reform in Himamaylan City, Negros Occidental. On 17 November 2006, four farmers were wounded; one of whom seriously, when four armed security forces of an influential landowner ambushed the cargo truck where the victims were riding on. At that time, the farmers were returning after finishing cutting and loading their sugarcane harvest into their truck.

Those wounded are Francilita Saquital (42), Maria Luz Inlao (53), Thomas Cordova (38) and Basilia Cordova (41). Cordova was hit to his arm, Saquital was hit to her left arm and left side of her abdomen, Inlao was hit to her right thigh and Basilia Cordova was hit to her upper left breast and is in serious condition. I was informed that Cordova was carrying her three-year-old daughter when the ambush took place.

I have learned that prior to the shooting incident, the victims had already made several attempts to seek security protection and assistance from the Himamaylan City Police Office (HCPO) and the Municipal Agrarian Reform Office (Maro). The said authorities, however, allegedly failed to act on the victim's request accordingly. The victims' request was prompted by the potential risks that they could face after already experiencing harassments and intimidations. The sugarcanes were planted in the land that has already been awarded to them by the Department of Agrarian Reform (Dar) as provided by the land reform program.

I have learned that the alleged perpetrators are security guards of an influential landowner, Jomarie Javellana, to whom the victims had a dispute over the ownership of the land. There is a suspicion that Javellana might order his security forces to attack the victims. I therefore urge you to ensure that criminal charges are filed against the security guards involved. An independent and impartial investigation must also be conducted to determine the criminal liability of Javellana if there is any.

I am also demanding for an inquiry into the alleged failure on the part of the HCPO and the Maro to provide security and protection to the victims. Had they been able to act accordingly upon the victim's request, the violence could have been prevented and the victims could have been able to harvest their crops without being violently attacked. They must be investigated to determine their criminal and administrative accountability for their alleged inaction. I also request the authorities, in particular the local police, to ensure an immediate arrest of the alleged perpetrators once the court orders to do so. I also request you to ensure that the victims are given adequate medical assistance and compensation.

Finally, I urge you to ensure that the farmers are given adequate protection and security to prevent further attacks by the landowner's security forces. The farmer must be allowed to cultivate and develop their land without fear of being violently attacked. It is important that they are allowed to continue with their living and means of livelihood securely and safely.

I am looking forward to your immediate action on this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Dr. 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. Mrs. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
3/F DSWD Building, Batasang Pambansa Complex,
Constitution Hills
Quezon City
PHILIPPINES
Tel: +63 2 931 7916 / 931 8068
Fax: +63 2 931 8191
Email: eicabral@dswd.gov.ph    

3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com    

4. 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   

5. Datu Nasser C. Pangandaman, Al Hadj
Secretary
Department of Agrarian Reform (DAR)
Eliptical Road, Diliman
Quezon City 1104, Metro Manila
PHILIPPINES
Tel: +63 2 929 3460 / 930 0380
Fax: +63 2 929 3088
Email: busysquare@yahoo.com  

6. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010 (ATTN: SPECIAL RAPPORTEUR RIGHT TO FOOD)


Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
UA-387-2006
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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.