Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that four farmers were wounded after they were reportedly ambushed by armed security guards of an influential landowner in Himamaylan City, Negros Occidental at 5:30pm on 17 November 2006. The victims, Francilita Saquital (42), Maria Luz Inlao (53), Thomas Cordova (38) and Basilia Cordova (41), had just finished loading their sugarcane harvest together with other farmers into their cargo truck and their way out of the farm when the perpetrators open fired the truck they were riding on.
CASE DETAILS:
According to information from Karapatan (Alliance for the Advancement of Peoples’ Rights)-Negros Chapter, the four victims are members of Hacienda Naval Workers’ Association (NAWA). They are beneficiaries of the Comprehensive Agrarian Reform Program (Carp) at Hacienda Naval. The Carp is the government’s land reform program that allows distribution of farmlands to former land less tenants for them to cultivate and own. They decided to harvest the sugarcanes they planted at field 11 of the Hacienda Naval after the Department of Agrarian Reform (DAR) awarded the land to them.
At around 1pm on November 17, the cargo truck the victims were riding had already been harassed and fired upon by members of the Tuguis Security Agency (also called “blue guards”) while on their way to the farmland. They were alleged to have been hired by the hacienda’s landowner Jomarie Javellana. The shooting resulted to a confrontation between the blue guards and farmers who were on their way to harvest. They gathered in the area to safeguard their harvested sugarcanes.
In the morning of the same day, the victims had already requested the Himamaylan City Police Office (HCPO) and the Municipal Agrarian Reform Officer (Maro) for several times in order to get their assistance to prevent possible harassment by the security guards while they cut and load the sugarcane. These authorities, however, ignored the victims’ request. Nonetheless, the farmers decided to continue on harvesting the sugarcane in absence of security and protection from the police force or Maro. At around 3pm that day the farmers pushed through in harvesting the sugarcanes.
It was around 5:30pm when the victims finished loading their harvest into their truck. Some of the NAWA members decided to check the road on their way out first for fear that the security guards could have scattered spikes along the roads. Some of them rode on the truck, while the others accompanied it by walking. Upon reaching the junction of field 30, some armed members of the Tuguis Security Agency were reportedly seen hiding at a nearby sugarcane field. The perpetrators, armed with 12 gauge shotguns, suddenly opened fire at the cargo truck where the victims were riding on.
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After the ambush, four of the NAWA members suffered from gunshot wounds. Thomas Cordova was hit to his arm, Francilita Saquital was hit to her left arm and left side of her abdomen, Maria Luz Inlao was hit to her right thigh and Basilia Cordova was hit to her upper left breast and is in serious condition. Cordova was carrying her three-year-old daughter when the ambush took place.
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Some of the NAWA members who was presenting during the incident were able to identify the perpetrators as Antonio Garcia and two others whom they identified only by their nicknames as “Boyet” and “Cañon”. The fourth suspect has yet to be identified. The witnesses testified that Garcia was wearing a white shirt and blue pants. The others were wearing their blue security guard uniforms. Witnesses said that the perpetrators emerged from the sugarcane field after ambushing the cargo truck and tried to chase the other NAWA members escorting the truck.
Five empty shells of 12-gauge shotgun were recovered at the crime scene. The suspects remain at large.
SUGGESTED ACTION:
Please write letters to the concerned agencies requesting for their immediate intervention to ensure that appropriate criminal charges are filed against the perpetrators in court. The victims should also be afforded with security protection and compensation. The allegations of failure on the part of the city’s police force to afford security to victims must be thoroughly investigated. An independent investigation must be look into whether the influential landowner, Jomarie Javellana was involved in. Appropriate charges against him must also be filed in court should there be sufficient evidence to do so.
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SAMPLE LETTER
Dear _____________,
PHILIPPINES: Four farmers wounded in ambush in Negros
Name of victims:
1. Francilita Saquital (42)
2. Maria Luz Inlao (53)
3. Thomas Cordova (38)
4. Basilia Cordova (41)
All the victims are members of the Hacienda Naval Workers Association (NAWA)
Alleged perpetrators: Four members of Tuguis Security Agency; Antonio Garcia, two persons identified only by their nicknames as Cañon and Boyet and one who has yet to be identified; They are alleged to have been hired as security guards for landowner Jomarie Javellana
Place of incident: Hacienda Naval, Barangay (village) Talaban, Himamaylan City, Negros Occidental province
Date of incident: 17 November 2006, at around 5:30pm
I am writing with deep concern to learn of yet another violence perpetrated against farmers seeking genuine land reform in Himamaylan City, Negros Occidental. On 17 November 2006, four farmers were wounded; one of whom seriously, when four armed security forces of an influential landowner ambushed the cargo truck where the victims were riding on. At that time, the farmers were returning after finishing cutting and loading their sugarcane harvest into their truck.
Those wounded are Francilita Saquital (42), Maria Luz Inlao (53), Thomas Cordova (38) and Basilia Cordova (41). Cordova was hit to his arm, Saquital was hit to her left arm and left side of her abdomen, Inlao was hit to her right thigh and Basilia Cordova was hit to her upper left breast and is in serious condition. I was informed that Cordova was carrying her three-year-old daughter when the ambush took place.
I have learned that prior to the shooting incident, the victims had already made several attempts to seek security protection and assistance from the Himamaylan City Police Office (HCPO) and the Municipal Agrarian Reform Office (Maro). The said authorities, however, allegedly failed to act on the victim’s request accordingly. The victims’ request was prompted by the potential risks that they could face after already experiencing harassments and intimidations. The sugarcanes were planted in the land that has already been awarded to them by the Department of Agrarian Reform (Dar) as provided by the land reform program.
I have learned that the alleged perpetrators are security guards of an influential landowner, Jomarie Javellana, to whom the victims had a dispute over the ownership of the land. There is a suspicion that Javellana might order his security forces to attack the victims. I therefore urge you to ensure that criminal charges are filed against the security guards involved. An independent and impartial investigation must also be conducted to determine the criminal liability of Javellana if there is any.
I am also demanding for an inquiry into the alleged failure on the part of the HCPO and the Maro to provide security and protection to the victims. Had they been able to act accordingly upon the victim’s request, the violence could have been prevented and the victims could have been able to harvest their crops without being violently attacked. They must be investigated to determine their criminal and administrative accountability for their alleged inaction. I also request the authorities, in particular the local police, to ensure an immediate arrest of the alleged perpetrators once the court orders to do so. I also request you to ensure that the victims are given adequate medical assistance and compensation.
Finally, I urge you to ensure that the farmers are given adequate protection and security to prevent further attacks by the landowner’s security forces. The farmer must be allowed to cultivate and develop their land without fear of being violently attacked. It is important that they are allowed to continue with their living and means of livelihood securely and safely.
I am looking forward to your immediate action on this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. 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
2. 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
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. 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
5. 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
6. 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)
