(PHILIPPINES) A female Human Rights Defender in the Agrarian Reform Sector is brutally murdered

URGENT APPEAL

November 12, 2013

ISSUES: Human Rights Defenders; Harassment and Intimidation; Agrarian Reform; Land Grabbing

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Dear friends,

The Task Force Detainees of the Philippines (TFDP) is forwarding to you an appeal regarding the killing of a female human rights defender in Quezon Province.

If you wish to make any inquiries please contact the Research, Documentation and Information Program of TFDP, kindly send email to tfdp1974@gmail.com or call +632 4378054/9950246.

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Case Title: Tulid HRD Killing

Case: Killing of a Human Rights Defender (Non-State Actor)

Name of Victim: Elisa Lascoña Tulid

Date of Incident: October 19, 2013

Place of Incident: Sitio Kumbenyo, Barangay Tala, San Andres, Quezon Province

Alleged Perpetrators: Rannie Bugnot, in connivance with Edwin Ausa (suspected henchman)

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Account of the Incident:

A female human rights defender in the agrarian reform sector and leader of the peasant group Samahan ng Magsasaka sa Barangay Tala at Camflora, was murdered on October 19, 2013, at 2:00pm in Sitio Kumbenyo, Barangay Tala, SanAndres, Quezon Province.

Elisa L. Tulid, 37, of Sitio Kabulihan, Barangay Tala, was shot point-blank by a certain Rannie Bugnot, and was pronounced dead on the spot.

According to witnesses, moments before the shooting incident, Elisa together with her husband Danny Boy, 46, and daughter Melanie, 4, were seen walking on their way home from Sitio Tamnay. Apparently the three sought the service of a repairman to restore their traditional plough used in farming.

When they reached Sitio Kumbenyo, the couple was surprised when Bugnot blocked their path. Without any warning, Bugnot pointed his gun at Danny Boy. The lone gunman fired three gunshots, but luckily Danny Boy was able to run a few meters from the scene. Their daughter Melanie was pushed by Elisa and was able to flee in another other direction.

Danny Boy thought that Rannie will spare his wife. He was shocked when he saw the gunman shoot his wife at short range. Danny Boy was helpless and could not do anything to save the life of his wife.

Danny Boy immediately rushed to the military camp in Barangay Tala to seek help and report the incident. The military called the police and requested their assistance.  The police eventually arrested Bugnot at their house in San Andres.

At around 4:00pm, Danny Boy with some military personnel went to the crime scene. There they met the police and saw the dead body of Elisa lying on the ground.

Elisa suffered gunshot wounds in the nape, mouth, left eye and left thigh.

Additional Information:

Motive of the Killing

Elisa and her clan had long been receiving death threats and harassment from paid goons of influential claimants. Influential landlord-claimants have long targeted this public land and have continuously deceived the farmers that they are the real landowners.

According to the staff of the Quezon Association for Rural Development and Democratization Services (QUARDDS), Elisa together with farmer groups has a longstanding dispute with an alleged land grabber named Edwin Ausa and his trustee Rannie Bugnot.

It started when Edwin and Elisa had a confrontation in a meeting at the DENR office to recognize their land rights. Elisa together with other farmers submitted documents and proof that they were the ones who developed and improved the land they tilled. On the other hand, Edwin submitted none but insisted that the land is supposedly owned by their clan. Embarrassed of not having evidence of his claim, he started to threaten Elisa and her colleagues.

In 2012, Elisa filed a complaint before the Barangay Council against Edwin Ausa, Rannie Bugnot, et al., when the group took the coconuts cultivated by Elisa’s family without consent.

In the same year, Edwin harassed Elisa’s family when he filed criminal charges against her father Guillermo Castanas Guinoo, 72, for grave threats. Guillermo was detained and eventually released due to his old age.

Since then, Elisa received a number of death threats from Edwin and his group. He told the Tulids that he will kill all of them if they still remain and continue fighting for the land which they (Tulids) developed and improved.

Hours before the killing of Elisa, residents spotted Edwin and Sonny Hanabahab on a motorcycle and carrying a bag apparently with a hard object inside suspiciously go towards Barangay Tala where Rannie resides.

Although there is yet no evidence for the actual participation linking Edwin Ausa to the killing of Elisa, the people claimed and stressed that he has something to do with the case, and since Elisa and other farmers were continuously threatened and coerced by Edwin and his group.

Current Situation of Family Members

Elisa’s husband Danny Boy together with four (4) others is presently staying at the house of his brother in the nearby municipality.

Elisa’s youngest daughter Melanie, 4, is possibly experiencing post traumatic stress disorder. Family members often observe that the child instantly panics and gets frightened whenever she hears a firecracker or loud noise from things that fall or drop. Melanie wakes up in the middle of her sleep crying. She often cries out the name of her mother.

Danny Boy on the other hand looks anxious and fearful.

Land Dispute Backgrounder

Bondoc Peninsula lies at the southern tip of Southern Tagalog, 222,254 hectares in size, with 355,158 population and 70,688 households. Eighty percent of the households there were into subsistence farming (mostly coconut and banana monocropping) and fishing.

There exists a persistent feudal exploitation brought about by an extreme insufficiency of information on basic rights of tenants and an absence of viable mechanisms for resolving agrarian reform-related conflict.

Domingo Reyes is one of the biggest landholdings in Bondoc Peninsula with family holdings estimated at 12,000 to 16,000 hectares in three municipalities (Buenavista, San Narciso and San Andres, consisting of 10 barangays and 30 sub-villages).  Before 1996, not a single hectare was included in the agrarian reform program because of the landowner’s “fearsome reputation.” Out of fear, not one tenant wanted to apply for agrarian reform coverage. Tightly guarded, the lands are hard to penetrate.   A sharing of 60-40 prevails in the Villa Reyes property where 60% of the total harvest goes to the landowner, while the tenant shoulders the production expenses.

In 2004, the settlers filed a petition that they should be covered by the Comprehensive Agrarian Reform Program (CARP). The farmer-tenants started to boycott and stopped giving the 60% share of harvest to the Reyes clan after Elisa and other settlers learned from the Department of Environment and Natural Resources (DENR) that portions of the land claimed by Reyes were declared as public land. The DENR also certified these lands as timberland (2005-2006).

Elisa was in the forefront of the struggle of the land occupants to take possession of the government land through the process set forth by the DENR.

Theories have surfaced that the gunman Rannie Bugnot and Edwin Ausa are both henchmen of the Reyes clan. Farmers alleged that since they learned that the land claimed by the Reyes are alienable and disposable public lands, also considering the farmer-settlers’ application to acquire the land is underway, Reyes’ has no other option but to acquire the service of these henchmen by giving them a ‘fair share’ of the land, just to sow terror in the community so that farmers will discontinue their land right claims and eventually leave the land they currently are in possession.

REQUESTED ACTION:

Please write a letter to the following authorities, calling on them to initiate inquiries into the case of the brutal murder of Elisa Lascoña Tulid. Likewise, urge concerned agencies to immediately resolve the land conflict.

SAMPLE LETTER

Dear ____________,

I am writing to draw your attention regarding a female human rights defender in the agrarian reform sector and leader of the peasant group Samahan ng Magsasaka sa Barangay Tala at Camflora, who was murdered on October 19, 2013, at 2:00pm in Sitio Kumbenyo, Barangay Tala, San Andres, Quezon Province. Elisa L. Tulid, 37, of Sitio Kabulihan Barangay Tala, was shot point-blank by a certain Rannie Bugnot, and was pronounced dead on the spot.

I have learned that Elisa was in the forefront of the struggle of the land occupants to take possession of the government land through the process set forth by the land and environment agencies such as the Department of Agrarian Reform (DAR) and Department of Environment and Natural Resources (DENR).

I have also learned that Elisa, her family and other farmers had long been receiving death threats and harassment from paid goons of influential land claimants.

It was also brought to my attention that Elisa together with farmer groups has a longstanding dispute with an alleged land grabber named Edwin Ausa and his trustee Rannie Bugnot (the gunman). Theories have also surfaced that the gunman Rannie Bugnot and Edwin Ausa are both henchmen of the Reyes clan who owns one of the biggest landholdings inBondoc Peninsula with family holdings estimated at 12,000 to 16,000 hectares in three municipalities such as Buenavista, San Narciso and San Andres, consisting of 10 barangays and 30 sub-villages.

At present, Elisa’s youngest daughter Melanie, 4, is possibly experiencing post traumatic stress disorder. According to family members, they observe that the child instantly panics and gets frightened whenever she hears a firecracker or loud noise. They often see Melanie when she wakes up, in the middle of her sleep, crying. Also, she often cries out the name of her mother.

Therefore, I humbly urge you to initiate a probe into the brutal murder of Elisa L. Tulid and that government authorities ensure no repeat of such incident. I urge authorities to probe deeply into the link of the alleged gunman with interest groups including a certain Edwin Ausa and the Reyes clan.

Also, we would like to appeal that the government should recognize the initiatives of farmers in observing the agrarian reform processes and to immediately resolve the land dispute.

I look forward to you urgent action is this case.

Respectfully yours,

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PLEASE SEND YOUR LETTERS TO:

Please send your letters to:

1.    Hon. Benigno Simeon 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

Email: corres@op.gov.ph / opnet@ops.gov.ph

2.    Secretary Virgilio R. Delos Reyes

Department of Agrarian Reform (DAR)

Elliptical Road, Diliman, Quezon City

Philippines

Fax: +63 2 920 0380

Tel:  +63 2 929 3460; 928 7031, Local 401

e-mail: secretary@dar.gov.ph / gildlr2010@gmail.com

3.    Secretary Ramon J.P. Paje

Department of Environment and Natural Resources (DENR)

Visayas Avenue, Diliman,

Quezon City 1100

Philippines

Tel. No. 920-4352, 926-2688,

926-2535, 925-2329

Fax No. 920-4301

Trunkline No. 929-6626 Local 2258, 2272, 2146

Email: osec@denr.gov.ph

4.    Chairperson Loretta Ann P. Rosales

Commission on Human Rights (CHR)

SAAC Bldg., Commonwealth Avenue

U.P. Complex, Diliman

Quezon City

Philippines

Tel: +63 2 928 5655, +63 2 926 6188

Fax: +63 2929 0102

Email: rosales.chr@gmail.com

5.   Police Director General Alan LA Madrid Purisima

Chief, Philippine National Police

Camp General Rafael Crame

Quezon City, Philippines

Fax: +63 2 724 8763/ +63 2 723 0401

Tel: + 63 2 726 4361/4366/8763

Email: feedback@pnp.gov.ph

International Human Rights Organizations Conducted Fact-finding Mission in Mindanao

The World Organisation Against Torture (OMCT) and the International federation for Human Rights (Fidh) recently concluded the fact-finding mission for cases involving human rights defenders in Mindanao, particularly those in Lanao del Norte and South Cotabato. From November 14 to 16, the fact-finding team was able to interview and meet with victims, activists, and local personalities that would help in providing vital information to complete its report. The said report will be published and eventually submitted to concerned agencies of Philippine government to address protection of human rights defenders. The fact-finding mission was assisted and in coordination with the Philippine Alliance of Human Rights Advocates (PAHRA), and Human Rights Defenders-Pilipinas (HRDP).

Briefing on Mindanao issues especially on human rights defenders. With Ms. Claudina Samayoa and Lawyer Vrinda Grover both from OMCT/Fidh; Ms Rose Trajano and Mr. Max de Mesa of the Philippine Alliance of Human Rights Advocates (PAHRA).

Interview with defenders and human rights victims held at the Demokratikong Kilusan ng Magbubukid sa Pilipinas (DKMP) office in Lanao del Norte.

Courtesy call and meeting with Diocese of Marbel Bishop Dinualdo D. Gutierrez, who is a staunch critique of mining in the province.

Defenders of South Cotabato met with the fact-finding team and shared their stories. The activity was conducted at the Social Action Center in Koronadal.

Getting the other side of the story. Interview with Mayor Leonardo Escobillo of Tampakan, South Cotabato, regarding the massacre of the Capion family on October 18, 2012. The Capions of the B’laan tribe are known for their stance against mining in their ancestral land. The Mayor admitted he endorses mining operations in his area, and that his family owned company is the contractor and supplier of construction materials for SMI/Xtrata.

The witness. Rosita Lasib Capion, sister-in-law of Juvy Capion, and aunt of jordan and john,who were killed by troops under the 27th Infantry Battalion of the Philippine army.

The Capion Massacre

The Human Rights Defenders-Pilipinas (HRDP) express its deep concerns regarding information from the Task Force Detainees of the Philippines (TFDP) about the killing of a B’laan tribal leader who fought against the entry of a mining company, including the death of her two (2) sons and wounding of her lone daughter.

The incident happened on October 18, 2012, at aroung 6:30am in Sitio Fayahlob, Barangay Datal Aliong, Kiblawan, Davao del Sur, Mindanao.  Based on reports, members of the Philippine Army’s 27th Infantry Battalion led by 1Lt. Dante Jimenez trooped towards the scene and allegedly strafed the house of the victims using their automatic rifles. Killed instantly were Juvy Capion-27 (sustained gunshot wounds at left leg and left upper portion of the chest) who was three months pregnant, Jordan Capion-13 (gunshot wounds at his forehead) and John Capion-8 (gunshot wounds at the right portion of his head). Also during the incident, Juvy’s younger daughter Vicky Capion-4, was wounded while a close kin named Ressa Piang-11, luckily escaped unhurt but apparently suffering from severe trauma.

The military claimed that the victims were caught between crossfire when they pursued their attempt to serve an arrest warrant and capture Daguil Capion (husband of Juvy) and his supposed companions which allegedly resulted to exchanges of gunshots. Before being hunt by police and soldiers, Daguil is a staunch critic of mining in their area. Authorities said that Daguil is already an outlaw. He is currently facing multiple murder charges in relation to 2010 ambush of three (3) construction workers of Sagittarius Mines, Inc. (SMI).

But according to witnesses, no traces of Daguil and companions during the alleged firefight, and that victims were the only persons inside the house when the army started to fire gunshots indiscriminately. And yet after the strafing of the house the perpetrators allegedly poked their rifles towards the survivors Vicky and Ressa. Soldiers threatened to kill them too.

As we carefully followed the circumstances surrounding the incident and  based on the accounts of the witnesses, it is clear that the military blatantly abuse its discretion and consciously violates its own protocols and procedures:

1. Indeed the soldiers knew that there were civilians inside the house when the indiscriminate shooting happened. Weeks before the incident, soldiers are regularly conducting roving patrol in the area and have established familiarization in the community. From then on, we perceived that they already identified residents and their respective houses including that of the victims. Undoubtedly the soldiers violated several provisions under the International Humanitarian Law which our country is a signatory. Those provisions include: the prohibition of targeting civilians as non-combatants; acts or threats of violence to spread terror among civilian population; target verification; indiscriminate attacks and method or means of combat without distinction; an attack which resulted to incidental loss of civilian life, injury to civilians, damage to civilian objects; and many others;
2. The military violated their own rules of engagement or manual. No advance warning. Since the situation requires for it, soldiers should have warned the enemy to surrender and their intention to attack the place, so that the noncombatants and especially the women and children were immediately removed before the bombardment commenced;
3. No coordination with the local officials and the police. The serving of an arrest warrant is a police matter. The soldiers should have informed police officers to assist them before pursuing their effort to arrest the suspect. The head of an attacking force, in an open assault or not, must, before undertaking its move, should have made an effort to give notice thereof to the local authorities;
4. Violation of the Presidential Decree 1829 specifically on “Altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases.” Soldiers already removed several blood stains splattered inside the victims’ house. Clothes of the victims were thrown outside the house. When the police investigators arrived, the crime scene was already been disturbed.

Aside from the said violations, as a matter of command responsibility the government is accountable for what these soldiers had wrongfully executed. It breached several international commitments that our government vows to abide, these are:

1. Violation in relation to the United Nation (UN) Declaration on Human Rights Defenders. Through the years the community of the B’laan tribe led by Juvy fought against the Sagittarius Mines Incorporated (SMI)- a mining firm started to operate within their ancestral domain. Juvy together with other local leaders held several campaigns and lobby activities to encourage support from the local government. They also educate the people about the environmental harm, the displacements of residents and lose of livelihood, once the SMI fully establish its operations.
2. International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights (The right to self determination, means of subsistence, non-discrimination, etc.)
3. Violation in relation to the UN Convention on the Rights of the Child (Article 8 – protection against armed conflict).

Adding insult to injury, the regional office of the Commission on Human Rights (CHR) apparently did not acted with urgency when non-government organizations (NGOs) requested an investigation of the incident. According to NGOs, they were advised that CHR’s investigation will commence once procedures have been observed.

We could not imagine how soldiers brutally killed members of one family. A pregnant woman and human rights defender, and two innocent young boys both minors.

We could not imagine how tragic the victims had gone through. They were all helpless.

We could not imagine the pain and sorrow left for victims’ loved ones mainly to Juvy’s daughter Vicky who survived the massacre.

It is insane that there are members of the security forces who thirst for blood and kill innocent people just to achieve their purpose.

It is a sham that these kind soldiers continuously being sheltered by our very own institution pretending to be protectors of the people.

It is a shame for our government not to seriously address human rights violations despite several international instruments signed, and since statistics are increasing from the time President Benigno Aquino III assumed office.

HRDP condemn in the strongest possible terms the killing of Juvy, Jordan and John. We share our sincerest empathy to the victims’ families and the B’laan tribe for the loss of their loved ones. We hope more courage for survivors facing their current ordeal. We salute the community in continuously defending their sacred land.

Justice for the Killing of Juvy, Jordan and John!

Hold Accountable and Prosecute Perpetrators!

End Impunity Now!

 

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Contact Person: Rommel Yamzon

(PHILIPPINES) Civil Society Report on the Implementation of the ICCPR (Replies to the List of Issues CCPR/C/PHL/Q/4)

REVIEW OF THE FOURTH PERIODIC REPORT OF PHILIPPINES (CCPR/C/PHL/Q/4)
106st session of the Human Rights Committee, Geneva – October 2012

please access the following link:

http://www2.ohchr.org/english/bodies/hrc/docs/ngos/NGOCoalition_CCPR_Philippines106.pdf

File Photo: Action Network Human Rights Philippines

Peace is possible if people work for it (Greed of the few endangers happiness of the many)

By: Dr. Renato Mabunga

The world marked the International Day of Peace last week, on September 21, the same day the Philippines marked the 40th anniversary of the declaration of martial law.

This year, the United Nations called on countries around the world to work for “sustainable peace for a sustainable future.” The UN statement highlighted the use and abuse of land and natural resources in instigating conflict situations.

The UN urged member states to initiate “ceasefires” and stop the wanton destruction of the environment and the bloody massacres of people out to defend their ancestral domains.

Early this month, gunmen ambushed a Subanen tribal leader in the southern Philippines. Timuay Locenio Magda survived but his 11-year-old son Jason did not.

The incident allegedly arose from a dispute over ancestral domain claims among mining interests in the area. The attack on Magda was the 36th documented incident in the area in the past two years.

In South Korea, villagers of Gangjeong have been protesting the construction of a naval base on Jeju Island. The island has been dubbed the “Island of Peace” by the government but peaceful protests were met with force and violence.

In Cambodia, the government’s abuse of law and misuse of the courts have led to the displacement of the Boeung Kak and Borei Keila communities in Phnom Penh. Activists and human rights defenders like Yorm Bopha and Tim Sakmony, who were arrested on September 4 and 5, respectively, are also persecuted.

In Myanmar, Wai Lu was arrested in early September for helping farmers win back their land from a copper mining company in Latpadaung mountain range.

Attacks against communities underscore the connection of peace, human rights and the aggressive promotion of “progress” that displace people. And as conditions of people worsen, governments create “illusions” to cover up their violations and obligations.

Governments speak of peace and draw a future that is far removed from the aspirations of their people. Peace has been corrupted by political and economic individualism and greed, yet it remains a symbol of resistance and a source of courage for the afflicted.

Peace and sustainable future describes the legitimacy of the continuing struggle of indigenous peoples, communities and environmental activists in protecting ancestral land, their life, culture and future against corporations and armed groups.

Peace provides reason for the assertion of communities and peoples who debunk the idea of peace as a mere construct. These communities assert that peace is an action fueled by inspirations and sacrifices of peoples and nations searching for a sustainable future.

As the world celebrates the “International Day of Peace,” peoples around the world continue to clamor for it, act on it and die for it.

In the same manner, Filipinos remember the 20 years of martial law to remind themselves that tyrants can be overthrown, people have the power, and peace is a possibility.

As dark days continue to linger in many parts of the world, especially in Asia, it is apt to consolidate the lessons of history, muster the courage to block the horrors of the past and lay down a solid foundation for peace that is mindful of the universal dignity of all and for all.