1 - Universal Periodic Review

armed goons, PNP, CAFGU and even the AFP. Such resistance contributes to a veryslow-paced implementation, which in turn engenders further conflict and violenceagainst potential agrarian reform beneficiaries. Petitioners and beneficiaries are usuallyreluctant to file charges partly because of a lack of legal assistance. The presence insome places of other non-state armed groups has complicated the situation. Meanwhile,the dubious provision for a Stock Distribution Option (SDO) under CARP has also beenused by landlords to evade the program. There are 13 corporations nationwide thatavailed of this scheme; eleven of these are in Negros Occidental. More recently,landlords have turned to the leaseback scheme to evade redistribution.4.2.1. Killings and Frustrated KillingsSix (6) cases of killings of peasant leaders were documented: One in Balasan, Iloilo;One in Tanjay City, Oriental Negros; and Four in Negros Occidental (La Castellanamunicipality, Kabankalan City, Silay City and Binalbagan Municipality). One victim waskilled by police, while the 5 other victims were reportedly killed by non-state actors.There were three (3) cases of frustrated killings: One incident in Balasan, Iloilo; and twoincidents in Tanjay City, Oriental Negros, respectively. The perpetrators in these caseswere reportedly the landowner, barangay captain, goons and security guards.4.2.2. HarassmentsThere were many instances when peasants or farmworkers were harassed by thelandowners and their goons. One of the most common forms of harassment wasthreatening the life of peasant leaders. Landowners usually warn peasants to stopclaiming their lands or something bad will happen to them. Another form of harassmentthat the Mission documented was indiscriminate firing of guns in the air by goons orsecurity guards when the peasants are gathering for a meeting or when they areworking on the land awarded to them by Department of Agrarian Reform (DAR).4.2.3. CriminalisationThe filing of criminal cases against peasants and farmworkers by landowners is alsoanother means of harassment that the Mission documented. Through these legal andextra-legal actions, the landowners succeed in stopping the peasants from pursuingtheir rights under the CARL. Even the intention of landlords to file a case against thedecision of DAR to distribute their land is usually enough to put to a halt to theinstallation of the agrarian reform beneficiaries by local DAR officials.4.2.4. Destruction of propertyThe Mission learned of three (3) incidents where the nipa huts (palm thatched-roofhouses) of peasants were burned or destroyed by landowners and their armed men. Itwas a big loss for the peasants since it took them a long time to save the money to builda house. These incidents occurred at Balasan, Iloilo when the landowner (Bedro), hisgoons and the barangay captain burned the nipa hut of one farmworker. The two othercases were at Tanjay City, Oriental Negros; in these cases, the burned housesbelonged to members of a farmworkers association that self-installed themselves at theHossana Plantation.IFFM 2006 Final Report 20