Philippines
23.01.03
Urgent Interventions
Philippines: killing and use of force against the background of a land conflict
Case PHL 230103.ESCR
Economic, Social and Cultural Rights
killing/use of force/distribution of land
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the alleged police involvement in the shooting of 6 farmers in the city of Panabo (Minando Island), on January 6th 2003. This shooting incident, which resulted in five people being seriously wounded and one death, occurred against the background of a conflict between different farmer organisations over a contested portion of land in a banana plantation.
According to the information received, on January 6th 2003 at about 2.00 pm., a group of around 100 persons – including security guards from the Octagon and Nakasaka security agency as well as 2 village councillors (barangay kagwad)- started shouting at farmers who constructed a fence to delineate the portion of the banana plantation they are claiming.
The group of around 100 persons allegedly defends the interests of the Dapco Agrarian Reform Beneficiaries Cooperative (DARBCO), while the farmers who constructed the fence are being represented by 2 organisations: the Plantation Original Farm Workers Agrarian Reform Beneficiaries Association (DOFARBA) and the United Davao Abaca Plantation Agrarian Reform Beneficiaries Association (UDARBA).
It is reported that the group of around 100 persons threatened the DOFARBA and the UDARBA farmers that they would climb over the fence, which was eventually destroyed. Following the fence’s destruction, the 2 village councillors Ronald Melencio and Winnie Orellaneda reportedly ordered the security guards to attack the DOFARBA and the UDARBA farmers. Immediately afterwards, a certain Eugenio Aban, armed with a 38 calibre pistol, reportedly shot at the DOFARBA and the UDARBA farmers, along with 2 security guards, wounding 5 persons:
1. Leonardo Abrio, 58 years old, married with 2 children who was hit in the jaws and brought to Davao Medical Centre, in Bajada, Davao City;
2. Carlito Maratas, 26 years old, single: hit in his left knee and treated at Davao Medical Centre, in Bajada, Davao City;
3. Constancio Daño, 63 years old, married, with 6 children: hit in his left leg and brought to Davao medical Centre;
4. Prudencio de los Arcos Jr., 32 years old, single: hit in his left arm and treated at Davao Medical Centre but only as an out-patient;
5. Wendell Bedaño, 25 years old, single: hit in his left thigh and treated at Davao Medical Centre.
Dominador Morales (51 years old, married with 4 children), who was hit in his kidney and brought to Davao Medical Centre in Bajada, Davao City, reportedly died 7 days later.
According to the information received, including victims’ testimonies, 3 policemen were allegedly present during the shooting incident, wearing plainclothes (their identity still has to be verified). Moreover, according to the victims, one of the alleged policeman, standing about 10-15 meters from the scene, reportedly fired a warning shot and shouted "pulis ni" (I am a policeman), but did not intervene in order to stop the shooting.
It is also reported that the Chief Investigator in charge, Police Chief Inspector Napoleon Muñez, who was located around 100 meters from the scene, took no action to stop the shooting. The police investigator was reportedly in a white mobile police patrol vehicle with number plate SET 712, accompanied by 2 other police vehicles, a blue one with number plate LES 816 and a red one with number plate IDP 161. All these vehicles were reportedly parked around 100 meters from the place of the incident.
According to the information received, one of the DOFARBA and the UDARBA farmers’ leader, Mr. Rebaja, received a short message on January 5th 2003 stating that someone wanted to harass them. This message also reportedly prompted the DOFARBA and the UDARBA farmers to fence the land they are claiming and to guard it.
In the Minando Daily Mirror, published on January 8th 2003, the Panabo City Police reported that it is preparing charges against the DOFARBA and the UDARBA farmers for destroying crops and creating trouble inside the banana plantation. In the newspaper, the police also accused the DOFARBA and the UDARBA farmers of being armed with handguns and of having been the ones who fired at one of the security guards. The police further reported that no one was injured by gunshots and that the DOFARBA and the UDARBA farmers were "neutralized" by the arrival of the police, led by Chief Inspector Napoleon Muñez.
In turn, the police investigation report reportedly states that the police was supposedly present at the scene in response to a request from DARBCO. However, the report fails to explain why the policemen present during the incident did not intervene to put an end to the shooting. Moreover, the report allegedly affirms that the police left the police station at 11:30 am. Knowing that the incident happened at about 2:00 pm and that it takes 15 to 20 minutes to travel from the police station to the place of the incident, the report doesn’t provide any information about the police’s activities during this 2-hour gap.
Overall, and according to the information received, the police investigation report and the police’s statement in the media contradict the version given by the Police Investigator in an interview conducted on January 8th 2003 by a representative of TFDP. Indeed, the Police Investigator reportedly said in the interview that when the police reached the area where the incident took place, the wounded victims were already fleeing and the shooting incident was already finished. Overall, it should be noted that these different versions given by the police contradict the victim’s testimonies.
Currently, it is reported that charges of grave coercion are being filed by the police against the DOFARBA and the UDARBA farmers.
Background information
This shooting incident occurred against the background of a conflict between different farmer organisations over a contested portion of land, in a banana plantation of 1400 hectares.
The parties to the dispute involve 3 farmer organisations: on one hand, the Dapco Agrarian Reform Beneficiaries Cooperative (DARBCO) and, on the other hand, the Plantation Original Farm workers Agrarian Reform Beneficiaries Association (DOFARBA) and the United Davao Abaca Plantation Agrarian Reform Beneficiaries Association (UDARBA).
With respect to the 1004 hectares, the DORARBA and UDARBA farmers were reportedly identified by the Department of Agrarian Reform (DAR) as being qualified to be the beneficiaries of the Comprehensive Agrarian Reform Program (CARP). In this respect, the UDARBA farmers have allegedly been occupying a portion of these 1400 hectares since the 1980s, with documentation from the Department of Agrarian Reform (DAR) legitimising this. However, when the Department of Agrarian Reform (DAR) issued a certificate of land ownership award (CLOA), DORARBA and UDARBA farmers were excluded.
It is reported that in 1998, following their exclusion, DORARBA and UDARBA farmers filed a petition within the Department of Agrarian Reform’s (DAR) central office in Manila, challenging the legality of the certificate of land ownership award (CLOA). On September 24 2001, the DORARBA farmers reportedly occupied the underdeveloped and abandoned portion of the 1004 hectares and started cultivating bananas collectively on a portion of 8 hectares.
This occupation, along with the presence of UDARBA farmers in the 1004 hectares is being allegedly contested by DARBCO, the farmer organisation that benefited from the agrarian reform and holds the Certificate of Land Ownership Award (CLOA) issued by the Department of Agrarian Reform (DAR).
On November 13 2002, the National Department of Agrarian Reform (DAR) reportedly issued a memorandum to the Provincial Agrarian Reform Officer Pedro Gumbao, in Panabo City, asking him to clarify the process, which has led to the exclusion of DORARBA and UDARBA farmers as beneficiaries from the Comprehensive Agrarian Reform Program (CARP). Until now, and according to the information received, this directive has not been implemented yet.
Action requested
Please write to the authorities in Philippines urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned persons;
iii. guarantee adequate reparation to all injured people;
iv. guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights throughout the country in accordance with international human rights standards.
Addresses
Her Excellency Gloria Macapagal-Arroyo, President,
New Executive Building Malacang Palace Compound, J.P. Laurel St., San Miguel , Manila, Philippines Fax: +632 929 3968
E-mail: opnet@ops.gov.ph or kgma@yahoogroups.com
The Secretary Dept. of Agrarian Reform
DAR Building, Elliptical Road, Diliman, 1104, Quezon City, Metro Manila, Philippines
Fax: +632 929-3968/ 929-3088
E-mail: info@dar.gov.ph
Gen. Hermogenes Ebdane Police Director
Philippine National Police, Camp Crame, Quezon City, Philippines
Fax: +632 724 8763
E-mail: ebdane@info.com.ph
The Chief Officer , Philippine National Police
Camp Crame , Quezon City, Philippines
E-mail: pnp@pnp.gov.ph
Ms. Valera Quisumbing , Chairperson, Commission on Human Rights
SAAC Building, UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines
Fax: +632 929-0102
E-mail: apnr@chr.gov.ph
Please also write to the embassies of Philippines in your respective country.
Geneva, January 23, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Economic, Social and Cultural Rights
killing/use of force/distribution of land
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the alleged police involvement in the shooting of 6 farmers in the city of Panabo (Minando Island), on January 6th 2003. This shooting incident, which resulted in five people being seriously wounded and one death, occurred against the background of a conflict between different farmer organisations over a contested portion of land in a banana plantation.
According to the information received, on January 6th 2003 at about 2.00 pm., a group of around 100 persons – including security guards from the Octagon and Nakasaka security agency as well as 2 village councillors (barangay kagwad)- started shouting at farmers who constructed a fence to delineate the portion of the banana plantation they are claiming.
The group of around 100 persons allegedly defends the interests of the Dapco Agrarian Reform Beneficiaries Cooperative (DARBCO), while the farmers who constructed the fence are being represented by 2 organisations: the Plantation Original Farm Workers Agrarian Reform Beneficiaries Association (DOFARBA) and the United Davao Abaca Plantation Agrarian Reform Beneficiaries Association (UDARBA).
It is reported that the group of around 100 persons threatened the DOFARBA and the UDARBA farmers that they would climb over the fence, which was eventually destroyed. Following the fence’s destruction, the 2 village councillors Ronald Melencio and Winnie Orellaneda reportedly ordered the security guards to attack the DOFARBA and the UDARBA farmers. Immediately afterwards, a certain Eugenio Aban, armed with a 38 calibre pistol, reportedly shot at the DOFARBA and the UDARBA farmers, along with 2 security guards, wounding 5 persons:
1. Leonardo Abrio, 58 years old, married with 2 children who was hit in the jaws and brought to Davao Medical Centre, in Bajada, Davao City;
2. Carlito Maratas, 26 years old, single: hit in his left knee and treated at Davao Medical Centre, in Bajada, Davao City;
3. Constancio Daño, 63 years old, married, with 6 children: hit in his left leg and brought to Davao medical Centre;
4. Prudencio de los Arcos Jr., 32 years old, single: hit in his left arm and treated at Davao Medical Centre but only as an out-patient;
5. Wendell Bedaño, 25 years old, single: hit in his left thigh and treated at Davao Medical Centre.
Dominador Morales (51 years old, married with 4 children), who was hit in his kidney and brought to Davao Medical Centre in Bajada, Davao City, reportedly died 7 days later.
According to the information received, including victims’ testimonies, 3 policemen were allegedly present during the shooting incident, wearing plainclothes (their identity still has to be verified). Moreover, according to the victims, one of the alleged policeman, standing about 10-15 meters from the scene, reportedly fired a warning shot and shouted "pulis ni" (I am a policeman), but did not intervene in order to stop the shooting.
It is also reported that the Chief Investigator in charge, Police Chief Inspector Napoleon Muñez, who was located around 100 meters from the scene, took no action to stop the shooting. The police investigator was reportedly in a white mobile police patrol vehicle with number plate SET 712, accompanied by 2 other police vehicles, a blue one with number plate LES 816 and a red one with number plate IDP 161. All these vehicles were reportedly parked around 100 meters from the place of the incident.
According to the information received, one of the DOFARBA and the UDARBA farmers’ leader, Mr. Rebaja, received a short message on January 5th 2003 stating that someone wanted to harass them. This message also reportedly prompted the DOFARBA and the UDARBA farmers to fence the land they are claiming and to guard it.
In the Minando Daily Mirror, published on January 8th 2003, the Panabo City Police reported that it is preparing charges against the DOFARBA and the UDARBA farmers for destroying crops and creating trouble inside the banana plantation. In the newspaper, the police also accused the DOFARBA and the UDARBA farmers of being armed with handguns and of having been the ones who fired at one of the security guards. The police further reported that no one was injured by gunshots and that the DOFARBA and the UDARBA farmers were "neutralized" by the arrival of the police, led by Chief Inspector Napoleon Muñez.
In turn, the police investigation report reportedly states that the police was supposedly present at the scene in response to a request from DARBCO. However, the report fails to explain why the policemen present during the incident did not intervene to put an end to the shooting. Moreover, the report allegedly affirms that the police left the police station at 11:30 am. Knowing that the incident happened at about 2:00 pm and that it takes 15 to 20 minutes to travel from the police station to the place of the incident, the report doesn’t provide any information about the police’s activities during this 2-hour gap.
Overall, and according to the information received, the police investigation report and the police’s statement in the media contradict the version given by the Police Investigator in an interview conducted on January 8th 2003 by a representative of TFDP. Indeed, the Police Investigator reportedly said in the interview that when the police reached the area where the incident took place, the wounded victims were already fleeing and the shooting incident was already finished. Overall, it should be noted that these different versions given by the police contradict the victim’s testimonies.
Currently, it is reported that charges of grave coercion are being filed by the police against the DOFARBA and the UDARBA farmers.
Background information
This shooting incident occurred against the background of a conflict between different farmer organisations over a contested portion of land, in a banana plantation of 1400 hectares.
The parties to the dispute involve 3 farmer organisations: on one hand, the Dapco Agrarian Reform Beneficiaries Cooperative (DARBCO) and, on the other hand, the Plantation Original Farm workers Agrarian Reform Beneficiaries Association (DOFARBA) and the United Davao Abaca Plantation Agrarian Reform Beneficiaries Association (UDARBA).
With respect to the 1004 hectares, the DORARBA and UDARBA farmers were reportedly identified by the Department of Agrarian Reform (DAR) as being qualified to be the beneficiaries of the Comprehensive Agrarian Reform Program (CARP). In this respect, the UDARBA farmers have allegedly been occupying a portion of these 1400 hectares since the 1980s, with documentation from the Department of Agrarian Reform (DAR) legitimising this. However, when the Department of Agrarian Reform (DAR) issued a certificate of land ownership award (CLOA), DORARBA and UDARBA farmers were excluded.
It is reported that in 1998, following their exclusion, DORARBA and UDARBA farmers filed a petition within the Department of Agrarian Reform’s (DAR) central office in Manila, challenging the legality of the certificate of land ownership award (CLOA). On September 24 2001, the DORARBA farmers reportedly occupied the underdeveloped and abandoned portion of the 1004 hectares and started cultivating bananas collectively on a portion of 8 hectares.
This occupation, along with the presence of UDARBA farmers in the 1004 hectares is being allegedly contested by DARBCO, the farmer organisation that benefited from the agrarian reform and holds the Certificate of Land Ownership Award (CLOA) issued by the Department of Agrarian Reform (DAR).
On November 13 2002, the National Department of Agrarian Reform (DAR) reportedly issued a memorandum to the Provincial Agrarian Reform Officer Pedro Gumbao, in Panabo City, asking him to clarify the process, which has led to the exclusion of DORARBA and UDARBA farmers as beneficiaries from the Comprehensive Agrarian Reform Program (CARP). Until now, and according to the information received, this directive has not been implemented yet.
Action requested
Please write to the authorities in Philippines urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned persons;
iii. guarantee adequate reparation to all injured people;
iv. guarantee the respect of human rights and the fundamental freedoms, including economic, social and cultural rights throughout the country in accordance with international human rights standards.
Addresses
Her Excellency Gloria Macapagal-Arroyo, President,
New Executive Building Malacang Palace Compound, J.P. Laurel St., San Miguel , Manila, Philippines Fax: +632 929 3968
E-mail: opnet@ops.gov.ph or kgma@yahoogroups.com
The Secretary Dept. of Agrarian Reform
DAR Building, Elliptical Road, Diliman, 1104, Quezon City, Metro Manila, Philippines
Fax: +632 929-3968/ 929-3088
E-mail: info@dar.gov.ph
Gen. Hermogenes Ebdane Police Director
Philippine National Police, Camp Crame, Quezon City, Philippines
Fax: +632 724 8763
E-mail: ebdane@info.com.ph
The Chief Officer , Philippine National Police
Camp Crame , Quezon City, Philippines
E-mail: pnp@pnp.gov.ph
Ms. Valera Quisumbing , Chairperson, Commission on Human Rights
SAAC Building, UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines
Fax: +632 929-0102
E-mail: apnr@chr.gov.ph
Please also write to the embassies of Philippines in your respective country.
Geneva, January 23, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.