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UPDATE (Philippines): Killing of two peasants and wounding of six others in a violent attack

June 6, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

7 June 2007

[UA-047-2007: PHILIPPINES: Killing of a farmer seeking land reform; UP-030-2007: PHILIPPINES: Farmers launch hunger strike to fight for their land]
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UP-077-2007: PHILIPPINES: Killing of two peasants and wounding of six others in a violent attack

PHILIPPINES: Extrajudicial killing, land dispute, inaction by police to provide security, right to livelihood and food, absence of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that another two peasants were killed while six others were wounded when security guards of an influential landlord open fired on them on 4 June 2007. The guards started shooting at the farmers to prevent them from entering a portion of the 53-hectare farmland awarded to them located in Hacienda Velez-Malaga in La Castellana, Negros Occidental. The farmers were supposed to begin cultivating their land in order to earn a living when they were violently attacked.

UPDATED INFORMATION:

According to information received from Task Force Mapalad (TFM), a non-governmental organisation advocating for genuine land reform, the farmers planned to clean and cultivate the farmland awarded to them two months ago in order to begin planting crops. On June 4, close to 100 farmers went to the area in Hacienda Velez-Malaga when security guards of their former landlord, Roberto Cuenca, opened fired at them to prevent from entering the land.

The shooting killed Alejandro Garcesa (70) and Ely Tupas (52). Garcesa and Tupas were among the 57 farmers who are beneficiaries of land reform and holders of certificate of land ownership award (Cloa) for the said farmland. It was on March 22 when they and other farmers were installed by the Department of Agrarian Reform (DAR) eventually giving them authority to cultivate. About 57 of the 122 farmer beneficiaries were installed at that time.

Also wounded during the shooting were six other farmers, most of whom are also beneficiaries, namely Jude Capitania (32), Jobert Malayas (25), Rene Florendia (27), Alan Hagocoy (26), Norberto Diamante (47), and Andre Barcoma (17).

To see the photos of the incident, please click here. (photo 1, photo 2)

Garcesa and Tupas were among the 25 farmers who launched a hunger strike last February in front of the DAR's head office in Quezon City to demand their immediate installation to the land awarded to them. The 114 hectares land, which is subject for distribution to the beneficiary, is part of the 446-hectare formerly covered by the said hacienda. (Please see further: UP-030-2007).

It is reported that even though a team of policemen from the Provincial Regional Mobile Group (PRMG) was present in the area, they allegedly did not intervene to prevent the shooting and to secure the farmers' safety. When the shooting took place, the police station was located in front of the guardhouse of the security guards responsible but the policemen did nothing. They also did not intervene to help the slain and wounded farmers shortly after the shooting.

According to the farmers, the inaction of the police to intervene during the incident, ensure their safety and assist the wounded victims, could be due to their senior officer's connections with the Cuencas. The Cuencas and the farm beneficiaries have since been in protracted conflict after the farmers were installed into the land awarded to them on March 22. The Cuencas' farm workers likewise opposed to the distribution of the land to the beneficiaries.

Even though the DAR upheld the beneficiary's ownership over the land after they were installed, the farmers have since not been able to cultivate and occupy it. Even the Provincial Agrarian Reform Officer (Paro) in Negros Occidental, Stephen Leonidas, have discouraged them from entering and cultivating the land to prevent violence from erupting. The Cuencas' farm workers who are opposed to the distribution of land had earlier threatened a violent confrontation.

It may be recalled that on March 26, DAR Secretary Nasser Pangandaman issued a memorandum for Post-Installation Instructions for distribution of land in Hacienda Velez-Malaga. It ordered the regional and provincial DAR officers to conduct a demarcation survey in coordination with the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) and to ensure the protection of beneficiaries. He also ordered that the issue on inclusion and exclusion of ownership on the land be resolved and to continuously monitor the situation.

However, the regional and provincial DAR office failed to conduct the survey and to settle the arrangement to pay for the crops that were planted by the Cuencas onto the farm beneficiaries land. This has since aggravated the situation for over two months after the farmers were installed. No substantial progress took place regarding the conduct of segregation surveys or demarcation to delineate which land belongs to the farmers and that of Cuencas. This is despite the DAR's assurance to complete the survey within a week after their installation.

As a result, the Cuencas had been able to continually plant crops even though the farmland had already been awarded to the farmers. Therefore, the DAR has yet to negotiate and settle the reimbursement of the said crops, which resulted to further delays for the farmers to cultivate the land. The Cuencas action was despite the DAR's repeated and previous orders against them to refrain from cultivating the 114 hectares that has been awarded to the farmers.

The situation was so volatile that when the farmer tried to enter the portion of the land on April 30, the Cuenca's farm workers reacted and tried to attack. Had it not been the intervention of the policemen the violence could have erupted. But instead of ensuring the farmers safety, the policemen told them to postpone occupying and cultivating their land to avoid confrontation.

Even though the DAR provincial officer affirmed that the farmers could go ahead of cultivating their land, which is initially compose of five hectares, they however told them to refrain from doing so. The farmers had to suffer long delays for the DAR to conduct survey leaving them no choice but to occupy and cultivate to assert their right to ownership. They have to cultivate their land to earn a living to support and feed their families. But this desperate action taken by the farmers however resulted in a violent attack against them.

SUGGESTED ACTION:
Please write letters to the concerned authorities below requesting their effective intervention to ensure that a credible and independent investigation is conducted in this case. Appropriate charges must be filed against the security guards responsible for the shooting without delay. The failure by the policemen to intervene to prevent the violence from taking place and ensure the farmers' safety must also be investigated.

An inquiry into the land authority's failure, in particular to conduct the survey, which subsequently resulted in the violent attack, must be conducted. They should also be held accountable for their negligence and lack of competence. They must ensure that similar incidents are prevented in the future.

To support this appeal, please click here:

Sample letter:

Dear ____________,

PHILIPPINES: Killing of two peasants and wounding of six others in a violent attack

Name of victims killed:
1. Alejandro Garcesa, 70 years old
2. Ely Tupas, 52
Name of victims wounded:
1. Jude Capitania, 32
2. Jobert Malayas, 25
3. Rene Florendia, 27
4. Alan Hagocoy, 26
5. Norberto Diamante, 47
6. Andre Barcoma, 17
Alleged perpetrators: Security guards of Roberto Cuenca of the Hacienda Velez-Malaga, Barangay (village) Robles, La Castellana, Negros Occidental
Place of incident: in the same area
Date of incident: In the morning of 4 June 2007

I am writing to express my grave concern to the killing of two farmers and wounding of six others in Hacienda Velez-Malaga, La Castellana, Negros Occidental. I have learned that on 4 June 2007, farmers Alejandro Garcesa and Ely Tupas were shot dead by security guards of an influential landlord, Roberto Cuenca. Six of their colleagues as identified above were also wounded in the shooting.

I have learned that the victims were about to cultivate a portion of farmland that was awarded to them by the Department of Agrarian Reform (DAR) when they were violently attacked by the armed security guards. The land by which they are supposed to cultivate had already been awarded to them on March 22. It is part of the 114-hectare land subject for distribution to beneficiaries.

I have learned that even after the farmers were installed over two months ago, the DAR officials have failed to conduct surveys and demarcation to determine which area is covered by the farmers' land and that of Cuencas. It also failed to promptly ensure that the Cuencas would not be able to cultivate and plant crops to areas covered by the farmers' land. As you are aware, of why the violence erupted was the result of the DAR's failure to promptly conduct the survey and to ensure that farmers are able to cultivate their land.

I am extremely shocked that farmers who are seeking source of living by way to cultivating their own land are being violently attacked. The failure of the policemen, in particular the Provincial Regional Mobile Group (PRMG), to ensure the safety of the farmers and prevent the violence is completely unacceptable. I am not aware of any actions taken by the police against those responsible in the shooting. Furthermore, I have also learned that during the shooting, the policemen, who are situated close to the guardhouse, did nothing. They also did not help the slain and wounded farmers shortly after the shooting.

Additionally, I am extremely disappointed by the manner the DAR is handling this matter, in particular its failure to uphold the farmers' rights to own and cultivate the said land. The DAR failed to ensure the farmers would be able to cultivate their land and plant crops to earn a living. They instead discouraged them from cultivating it due to serious security risks but did not adequately respond to this. I urge you to conduct an inquiry to determine whether or not the DAR officers could be held liable for their failure that resulted to this violence.

I have learned that no adequate protection and security have been afforded to them despite this serious condition. The violent attack against these farmers, which is evident due to the potential confrontation between the beneficiaries, the Cuencas and the latter's farm workers, should have been carefully reviewed by the police to ensure a long-term security arrangement and order in the area. I am extremely disappointed that this was not done, and so far no indications it would improve.

I therefore urge you to ensure that a credible and independent investigation is promptly conducted in this case. The policemen who have either failed or did not act on helping the victims to prevent the shooting must also be investigated. Immediate sanctions must be imposed upon them without delay. Those responsible for the shooting must be identified, arrested and prosecuted without delay. The families of two victims who died in the shooting and those wounded must be afforded with adequate compensation and medical assistance respectively.

I am looking forward for you prompt action in this matter.


Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
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. 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

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. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614

5. Mr. Orlando Casimiro
Deputy Ombudsman
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
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph

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

7. 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 

8. 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 (ATTN: SPECIAL RAPPORTEUR EXTRAJUDICIAL KILLINGS)

9. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
Attn: Mr. Carlos Villan Duran
C/o OHCHR-UNOG
1211 Geneva 10,
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 Update
Document ID :
UP-077-2007
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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.