The Asian Human Rights Commission (AHRC) writes to inform you about the lack of protection provided to an indigenous man struggling for his land rights, who survived two attempts on his life. The victim has been targeted by the security guards of a landlord because of his refusal to vacate from his ancestral land. The guards were deployed by their employer-landlord who claimed that they owned the land. The victim has reported the attacks to the police, who did not investigate or provide protection to the victim and his family seven months after the incident.
CASE DETAILS: (Based on the documentation by the Task Force Detainees of the Philippines (TFDP))
On 2 October 2014, at 8 a.m. in Purok 9, Prakatahan, Barangay (village) Pualas, Don Carlos, Bukidnon, Nestorio Sulatan Ampode, 36, an active member and overseer of Ambugkol Manobo Tribal Association (AMTA), was cultivating the rice field together with Danny Tahuyan, when they were approached by Marcial Balarote, a private security guard. Balarote told them to leave the area they were cultivating. Ampode insisted to talk with Balarote but the guard pointed an armalite (assault rifle) toward his abdomen. The guard fired his gun. Ampode fell down, but the bullet did not hit him. Balarote and Tahuyan thought that Ampode was already dead, and Balarote immediately left the area and reportedly went back to his barracks.
Some AMTA leaders immediately went to the place of incident and recovered empty shot gun shells at the scene. At 10 a.m., the incident was reported by AMTA leaders to the Philippine National Police (PNP) Don Carlos, Bukidnon station. They also submitted the gathered evidence, such as empty bullet shells and Ampode’s shirt, which reportedly had gun powder.
That evening, according to Ampode’s wife Liguria Sagubalan, she and her husband were in their house, when she noticed four unidentified persons roaming around the vicinity carrying guns. Liguria noticed one gun pointed toward the direction of their door. The couple remained inside their house.
Prior to this incident, on 24 September 2014 at 5 p.m. while Ampode tending his water buffalo he was shot at twice by a certain Richie Lacorte, one of the security guards of Levelita Balarote-Zambrano. He was not harmed. The incident was immediately reported by AMTA members to the PNP-Don Carlos, Bukidnon, but no investigation was conducted on this case so far. The Levelita Balarote-Zambrano group wants Ampode to leave the disputed land as other members of AMTA did. Levelita Balarote-Zambrano claim that they own the lands under dispute, awarded to them by the government through the Commission on the Settlement of Land Problems (COSLAP). The Balarote-Zambrano Group had created policies difficult for indigenous peoples living in the area to accept, such as restricting indigenous people to till their own land, and the imposition of curfew hours until 9pm.
Ampode and others are now struggling to obtain a Certificate of Ancestral Domain Title (CADT). According to Ampode, he used to till a parcel of land which he owns. However, the Balarote-Zambrano group prevented him to till his land, leaving him with no choice but to work outside his land. While their claim of ancestral land is yet to be settled, Ampode serves as a paid farm worker of a certain Danny Tahuyan to raise some income for his family.
Ampode said the National Commission on Indigenous Peoples (NCIP) had not taken actions to protect the interest of Manobo tribes and their communities against the unlawful claim of Balarote-Zambrano to their ancestral land, which is their means of subsistence.
The ordinance had created fear among indigenous peoples in the area. It has taken its impact on the livelihood and socio-economic activities of indigenous peoples.
SUGGESTED ACTION:
Please write letters to the authorities listed below expressing your concern about this case.
The AHRC is also writing a separate letter to the UN Special Rapporteurs on human rights defenders and on the rights of indigenous peoples.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: No protection given to indigenous man fighting for land rights who survived two attempts on his life
Name of victim: Nestorio Sulatan Ampode, 36 years old. He is an active member and overseer of Ambugkol Manobo Tribal Association (AMTA).
Alleged Perpetrators:
Private security guards of Levelita Balarote Zambrano headed by Marcial Balarote
A certain Richie Lacorte the security guards of Levelita Balarote-Zambrano
Date of incident:
1. October 2, 2014, 8 a.m.
2. September 24, 2014 5 p.m.
Place of incident: Purok 9, Prakatahan, Brgy, Pualas, Don Carlos, Bukidnon
I am writing to express serious concern about the threats to Nestorio Ampode.
On 2 October 2014, at 8am in Purok 9, Prakatahan, Barangay (village) Pualas, Don Carlos, Bukidnon, Nestorio Sulatan Ampode, 36, an active member and overseer of Ambugkol Manobo Tribal Association (AMTA), was cultivating the rice field together with Danny Tahuyan, when they were approached by Marcial Balarote, a private security guard. Balarote told them to leave the area they were cultivating. Ampode insisted to talk with Balarote but the guard pointed an armalite (assault rifle) toward his abdomen. The guard fired his gun. Ampode fell down, but the bullet did not hit him. Balarote and Tahuyan thought that Ampode was already dead, and Balarote immediately left the area and reportedly went back to his barracks.
Some AMTA leaders immediately went to the place of incident and recovered empty shot gun shells at the scene. At 10 a.m., the incident was reported by AMTA leaders to the Philippine National Police (PNP) Don Carlos, Bukidnon station. They also submitted the gathered evidence, such as empty bullet shells and Ampode’s shirt, which reportedly had gun powder.
That evening, according to Ampode’s wife Liguria Sagubalan, she and her husband were in their house, when she noticed four unidentified persons roaming around the vicinity carrying guns. Liguria noticed one gun pointed toward the direction of their door. The couple remained inside their house.
I am aware that this is the second time that Ampode has been shot at; on 24 September 2014, while Ampode was tending his water buffalo he was shot at twice by a certain Richie Lacorte, one of the security guards of Levelita Balarote-Zambrano. The incident was immediately reported by AMTA members to the PNP-Don Carlos, Bukidnon, but no investigation was conducted.
These threats towards Ampode stem from his struggle to obtain a Certificate of Ancestral Domain Title (CADT), in contravention of the Levelita Balarote-Zambrano group’s claim that they own the lands under dispute, awarded to them by the government through the Commission on the Settlement of Land Problems (COSLAP). According to Ampode, he used to till a parcel of land which he owns. However, the Balarote-Zambrano group prevented him to till his land. He was left with no choice but to work outside his land. While their claim of ancestral land is yet to be settled, Ampode served as a paid farm worker of a certain Danny Tahuyan to raise some income for his family. Furthermore, the Balarote-Zambrano Group had created policies difficult for indigenous peoples living in the area to accept, such as restricting indigenous people to till their own land, and the imposition of curfew hours until 9pm.
The Indigenous Peoples Right Act (IPRA) should therefore be effectively implemented to resolve this dispute. I have learnt that even the National Commission on Indigenous Peoples (NCIP) had not taken actions to protect the interest of members of Manobo tribes and their communities against the unlawful claim of Balarote-Zambrano to their rights to ancestral land where they get their means of subsistence from.
I urge the authorities to promptly investigate this case and ensure that all those responsible for shooting at Ampode are prosecuted and punished accordingly. Ampode and his family should be given adequate protection, and the National Commission on Indigenous Peoples should immediately implement its policies on ancestral domain to resolve the case.
I trust that you will take appropriate action in this.
Yours sincerely,
——————————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Aquino III
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. Ms. Loretta Ann Rosales
Chairperson
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com
3. Police Deputy Director General Leonardo Espina
Officer-in-Charge
Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax +632 7248763
Email: feedback@pnp.gov.ph
4. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph
5. Mr. Roberto L. Almonte
Acting Regional Director
National Commission on Indigenous People (NCIP) Region X
3rd & 4th flr. Halasan Bldg. cor. Tiano & del Pilar Streets
Cagayan de Oro City
PHILIPPINES
Fax: +63 88 22 710728
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
