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

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.

 

 

To support this case, please click here: SEND APPEAL LETTER