Findings of the June 2-15 2006 International Fact-Finding Mission (IFFM) on Agrarian Reform Related Human Rights Violations
First Part | Second Part
n the light of these findings, the Mission calls on the Philippine government, and particularly all the government members of the recently convened national-level Inter-Agency Task Force to Address Cases of Violence, Harassment and Killings in the Implementation of CARP, to fully commit themselves and the resources at their disposal, to do the following:
(i) Stop the Impunity
Big landowner, their employees, and their allies within the state, are running amok of Philippine law and international human rights law. With complete impunity, they are engaged in a wide range of criminal activities that seriously undermine rural poor people’s effective access to their human rights. The Philippine State should immediately investigate all cases of agrarian-related killings and harassments and bring the perpetrators–both state and non-state--to justice.
(ii) Hasten Land Redistribution
Once they petition for their legal land and tenure rights under the CARL and/or are issued Certificate Land Ownership Awards (CLOAs), tenant- and farm worker-beneficiaries become extremely vulnerable to all manner of legalistic and extra-legal retaliatory actions of landlords. This in turn undermines the
farmer's ability to construct an adequate rural livelihood and erodes their capacity to sustain their petition. The situation worsens the longer the Comprehensive Agrarian Reform Program (CARP) implementation process drags on. The government, through the Department of Agrarian Reform (DAR), should hasten implementation of CARP so as to make as short as possible the amount of time petitioners have to wait before gaining full ownership and control of the land. We urge the Ombudsman to investigate agrarian reform petitioners’ and beneficiaries’ complaints against corrupt and inefficient DAR officials and to take appropriate disciplinary measures where warranted, in cooperation with civil society rights-advocacy groups.
(iii) Ensure Petitioners’ and Beneficiaries’ Peaceful Possession and Control of the Subject Land
In cases where they are already positioned on the land, the DAR should ensure the security and peaceful maintenance of possession of the land of agrarian reform petitioners before the issuance of CLOAs. In cases where they are not already positioned on the land, the DAR should take measures to ensure that the rightful petitioners’ legal rights to possess the land are nonetheless
recognized and safeguarded. Once it issues the CLOA to agrarian reform beneficiaries,
the DAR must assist the ARBs in the installation process and ensure their full control of the awarded land. Finally, at the policy level, leaseback as an option should be prohibited. It bears stressing that the obligation of the DAR does not end when it issues CLOAs (whether collective or individual) to the beneficiaries: the DAR must continue to assist peasant petitioners (tenants and farm workers) until they are fully and effectively installed on the lands awarded to them, and provided with adequate support services so that they can peacefully enjoy the fruits of this life-giving resource.
(iv) End the Criminalization of Agrarian Reform Cases
The regular judicial courts and their agents (Judges and Provincial Prosecutors) should not entertain agrarian reform related cases. The Supreme Court directives barring court officials from entertaining agrarian reform related cases should be strictly enforced and erring officials should be disciplined. Court complicity in the
criminalization of agrarian reform related cases should be met with appropriate disciplinary measures. Agrarian reform related cases already pending in the Court of Appeals and Supreme Court should be reviewed and dismissed as appropriate.
(v) Protect Rural Workers’ Labor Rights
All international labor standards and Philippine labor laws should be applied to rural workers. Rural workers should be protected from illegal dismissals, sub-minimum wages, poor and unsafe working conditions, withholding of benefits, etc. Their right to join a trade union and their right to the freedom of association and assembly should be respected.
(vi) Assist Victims and Protect Witnesses of Human Rights Violations
Protection and welfare assistance should be accorded to the witnesses of crimes committed against agrarian reform petitioners and beneficiaries for as long as is necessary. Compensation such as assistance in livelihood, medical, financial and other benefits should immediately be given to all victims of agrarian reform related human rights violations and their families.
(vii) Stop the Chemical Poisoning of Rural Communities
The Philippine state has to take immediate actions against the importation of banned chemicals and their continued systematic use. The DAR and other relevant agencies should closely monitor the types of chemicals and their application in commercial farms and plantations in order to prevent incidents of chemical poisoning from happening again.
(vii) Ensure Petitioners’ and Beneficiaries’ Access to Adequate Food
Enabling mechanisms should be enacted and put into place to ensure the food security of agrarian reform petitioners and beneficiaries. The government should fully comply with its specific human rights obligations to agrarian reform petitioners and beneficiaries under the ICESCR.
(viii) Fulfill its Human Rights Obligations to the Rural Poor
The Philippine state must fulfill its obligations to respect, protect and fulfill
the human rights of the rural poor population, especially those who place themselves within the fold of the law and attempt to claim their legal rights to the full ownership and control of land and its fruits.
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See this Press Statement (25kb -
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(From IFFM)