PHILIPPINES: Alleged use of armed goons in attacking villagers; one leader seeking land reform killed 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-350-2006
ISSUES: Right to food,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you regarding the desperate plight of farmers seeking genuine land reform in the Municipality of Balasan, Iloilo. It is reported that an influential landlord had allegedly employed armed goons in violently attacking and continuously harassing the members of Asao Farmers and Residents Association (AFRA), a group of peasant beneficiaries. Prior to this incident, one of the group’s leaders, Hernan Baria, has already been killed.

According to a report dated October 11, 2006 from the Partnership for Agrarian Reform and Rural Development Services, Inc. (PARRDS), a coalition of groups seeking genuine land reform, the farmers’ former landlord, Andres Bedro, and his armed goons attacked the villager’s farm and started destroying their crops. The area is about one-hectare in size and is planted with banana, papaya, legumes and vegetables through the groups’ sustainable agriculture project.

Armed men goons on board a cargo truck, a pickup and a motorcycle accompanied Bedro when they swooped into farmers’ villages in Sitio Asao, Barangay (village) Lawis, Municipality of Balasan at around 5:30am. Stunned peasants and their families could only watch in terror as armed men destroyed their crops. Even coconut trees where farmers extract coconut wine or tuba for living were cut down by armed goons.  They scaled the coconut trees and destroyed the containers made of bamboo used for collecting wine.

One of the villagers, Jovita Baria tried to prevent Andres Bedro and his armed group but failed. She was gathering dried coconut leaves when the incident took place. When she tried to prevent them she was harassed and beaten by one of the armed men. Bedro then aimed his .45 caliber pistol at the terrified and helpless farmers and threatened them to leave the area immediately. Prior to the incident, Jovita’s husband Hernan, had already been killed. His death was believed to have been connected with the struggle to own and till the land.

When responding elements from the Balasan Municipal Police Station (BMPS) arrived in the area, the villagers’ farm lot had already been flattened to the ground, including the hut of another villager, Romeo Catalan.

The incident is the latest violence against the villagers in the area. On October 14, 2006, villager Johnny Catalan, a 28 year-old son of Romeo Catalan and his family were awakened when unidentified persons fired their guns at his house late at around 11pm.  The family scampered for safety fearing for their lives. Johnny was extremely frightened since he was also witness to the killing of one of their leaders, Hernan Baria.

It was on July 23, 2005 at past 12:00 midnight when at least 20 armed men opened fire at Hernan Baria’s house. The attackers were later found to be policemen. The victim was with his wife Jovita and their three children when the shooting took place. The attack took place on pretext the policemen at shooting at a rebel camp. Baria died on his way to the hospital due to loss of blood. Jovita, however, believes that their former landowner could have had a hand in the attack.

During the October 14 incident, the villagers immediately contacted the local police station for assistance. However, nobody from the police station answered the phone calls for about an hour. The police only conducted their investigation into the shooting the following morning, October 15. It is reported that four .45 caliber pistol shells were recovered from the scene and bullet holes were also found at the lower wall portion of Johnny Catalan’s house.

As a result of the escalating violence, on October 16, 2006 the AFRA members held a mass rally to protest the violence taken against them at the town plaza. They have decried the harassment and intimidation by landlord Andres Bedro and his armed goons.  The farmers are demanding Bedro and his men to vacate the place to secure their means of subsistence and livelihood. They are also requesting the installation of a military detachment inside the farm premises to prevent further harassment or intimidation.

At present the 21 affected AFRA farmer beneficiaries and their families have sought refuge at the Municipal gymnasium for fear of their lives. All of them are likewise respondents of Forcible Entry, a civil case filed by their former landlord–couple Susan and Andres Bedro. Susan was the former vice-mayor of the Municipality of Balasan.

It can be recalled that on November 5, 2005, the Bedro couple filed a civil case docketed as 251-B for Forcible Entry with Prayer for Preliminary Injunction and Temporary Restraining Order against 21 AFRA members before the Carles-Balasan Municipal Circuit Trial Court (MCTC) in Iloilo.  The filing of the case was triggered by the Bedros allegation that the farmers harvested the sugar cane planted on the contested farm lot.

When the MCTC ruled in favor of the couple, the counsel of the 21 farmer immediately filed a motion for reconsideration. The MCTC’s decision over the case, however, was highly questionable. Under the existing rules on agrarian reform law, the courts had no jurisdiction to hear criminal complaints arising from an agrarian conflict. Although the decision was not yet final and executory, the Bedro couple had already used by the court’s decision to intensify their use of violence in attacking the farmers.

It may be recalled that the villagers won the right to own and to till the land following the Department of Agrarian Reform’s (DAR) declaration to include it under the Comprehensive Agrarian Reform Program (Carp). In December 21, 2001, the land was awarded to them through a Certificate of Land Ownership Award (CLOA). The portions of Lot C, Psd-74005 were redistributed to members of the AFRA, most of them are tenants of the Bedros. On June 23, 2003, the villagers were officially installed by DAR Regional Director Alexis Arsenal as rightful landowners. The villagers have since experienced all forms of harassment and threats to their lives.

As of October 25, the displaced farmers sought refuge at a municipal government’s building. Officials from the national office of the Department of Agrarian Reform (DAR) had already gone to the area to look into the incident. According to a reliable source, not only the MCTC had no jurisdiction on criminal cases arising from land dispute, the landlord likewise should have refrained from taking violent action because the villagers had a pending appeal before the Court of Appeals with regards to the MCTC’s ruling.

SUGGESTED ACTION:
Please send letters to concerned agencies requesting their immediate investigation into the October 11 incident. Appropriate charges must be filed against the perpetrators once it is found that they have committed such offense and grossly violated the farmers’ rights. The concerned authorities must ensure the safe return of the affected villagers to their farms. Compensation and assistance for their damaged crops must also be afforded to them.

The local policemen must also be investigated to determine whether or not they had any liability for their failure respond to deter violence taken against the villagers. They are also failing to ensure protection to the villagers’ despite the continuing threats they are facing. The local police must likewise explain as to why they have not taken any action to disband the alleged armed goons by the landlords.

An impartial investigation into the killing of Hernan Baria on July 23, 2005 must also be conducted. Allegations regarding the possible involvement of their former landlord and the policemen into his death must be looked into. If it is found that they are involved, appropriate charges must be filed against them.

 

 

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SAMPLE LETTER

Dear ___________,

PHILIPPINES: Alleged use of armed goons in attacking villagers; one leader seeking land reform killed

Case 1:
Name of the victims: at least 21 families of the Asao Farmers and Residents Association (AFRA) members
Alleged perpetrators: Andres and her wife Susan Bedro, former landlord of AFRA members, and their armed goons
Place of incident: Sitio Asao, Barangay (village) Lawis, Municipality of Balasan, Iloilo
Date of incident: October 11, 2006

Case 2:
Name of victim killed: Hernan Baria, one of the leaders of AFRA
Alleged perpetrators: Unnamed policemen
Place of incident: Sitio Asao, Barangay (village) Lawis, Municipality of Balasan, Iloilo
Date of incident: July 23, 2005

I am writing to express my deep concern regarding the desperate plight of the farmers who are members of the Asao Farmers and Residents Association (AFRA).

According to the information I received, on October 11, 2006, an influential landowner Andres Bedro and his armed goons allegedly attacked and destroyed the farm crops of their former tenants over motive arising from a land dispute. It is reported that armed group simultaneously attacked the villager’s farmland and destroyed the crops. The area is about one-hectare wide and is planted with banana, papaya, legumes and vegetables through the groups’ sustainable agriculture project.

One of the villagers, Jovita Baria, was repeatedly beaten when she tried to prevent the armed goons from destroying their crops. Another villager, Romeo Catalan, had his hut also destroyed by the attackers. The affected farmers were forced to evacuate their farmland as Bedro threatened them if they refused to do so. They sought refuge at the municipal building, as they could no longer stay in their village safely.

I have also learned that prior to this incident, one of the villager leaders, Hernan Baria, has already been killed on July 2005. At the time, Hernan was with his wife Jovita and three children inside their hut when a group of armed men who were later found to be policemen open fired at them. It is strongly alleged that the Bedros could have had a hand in the killing of Baria. I was extremely shocked that none of the attackers were charged or prosecuted for the killing. While the victim’s wife Jovita insisted the killing was prompted by her husband’s struggle for land reform, the policemen claimed they shot at the Baria’s house claiming it was a rebel camp.

I am extremely shocked of the Bedros arbitrary acts and use of violence against the villagers despite a pending court proceedings on the matter. Although Bedros has secured a ruling by the local Municipal Circuit Trial Court (MCTC) in his favor in connection with the charges of forcible entry they filed against the villagers on November 2005, I strongly believe it does not give them authority to use violence against the villagers. Not even to violate and deny the victims of their fundamental rights. I have also learned the villagers have filed an appeal in connection with the court’s ruling, therefore, a status quo should have been observed.

Not only was the landlord’s acts arbitrary, I have also learned that the MCTC decision on the case could be illegal and out of their jurisdiction. The regular court has no jurisdiction over criminal cases arising from agrarian dispute. I am aware that under the existing rules on agrarian reform law, the office of the Department of Agrarian Reform (DAR) has jurisdiction on this case. Offences committed in connection with agrarian dispute are not supposed to be treated as criminal offense in regular courts.

I am deeply concerned with the condition these affected farmers are facing. I therefore urge you to ensure that the October 11 incident is thoroughly investigated. The concerned government authorities must ensure the safe return of the affected villagers. They must likewise be afforded with appropriate compensation and assistance. Appropriate charges must be filed against the perpetrators if evidence is sufficient to do so.

I likewise urge you to ensure that a fresh investigation into Hernan Baria’s killing must also be conducted. The policemen allegedly involved must be investigated to answer the allegations against them. The Bedros must also be investigated to determine whether or not they have something to do with his death. If it is found that they had liability in Baria’s death, appropriate charges must be filed against them with urgency. The municipal police office must also explain as to why they are failing to respond to calls for assistance from the affected farmers. I have learned that the local police’s response to this situation is negligible. Not only they fail to answer phone calls, their responses to complaints are also delayed.

I trust that you take immediate action in this case.

Yours sincerely,

—————————–

PLEASE SEND YOUR LETTER TO:

1. Mr. Simeon Ganzon
Municipal Mayor
Office of the Mayor
Municipality of Balasan, Province of Iloilo
PHILIPPINES
Tel: +63 33 397 0804 / 397 0638
Fax: +63 33 397 0542

2. P/Senior Inspector German Garbosa
Chief
Balasan Municipal Police Office (BMPO)
Municipality of Balasan, Province of Iloilo
PHILIPPINES
Tel: +63 33 397 0167
Fax: +63 33 397 0542

3. 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

4. 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

5. 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

6. 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

7. 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

8. Mr. Philip Alston
UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

9. Mr. Leandro Despouy
UN Special Rapporteur on the independence of judges and lawyers
Attn: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)

10. 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-350-2006
Countries : Philippines,
Issues : Right to food,