0720APHL 03-12-2007 the Philippines: Access to Land Is
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La Vía Campesina FIAN International Operative Secretariat International Secretariat Jalan Mampang Prapatan XIV No 5 P.O. Box 10 22 43 Jakarta Selatan 12790, Jakarta - Indonesia D – 69012 Heidelberg - Germany Tel +62 21 7991890 Tel + 49 6221 65300 30 Fax +62 21 7993426 Fax +49 6221 830545 [email protected] [email protected] Contact Global Campaign for the Agrarian Reform : [email protected] Tel: +504 235 9915 //+504 232 2198 Global Campaign for Agrarian Reform EMERGENCY NETWORK 0720APHL 03-12-2007 The Philippines: Access to land is denied to 165 farmer beneficiaries, Sumilao, Bukidnon, Northern Mindanao. 165 farmers from Sumilao, Bukidnon have been struggling for their right to food for the past 10 years. Although the farmers were identified as beneficiaries for 144 hectares of land in 1995, the land was later converted from agricultural to agro- industrial use, thus exempted from the national agrarian reform program. On October 10, 50 Sumilao farmers started a march from Sumilao to Manila, a distance of 1500 km, to bring their case to the Department of Agrarian Reform and the Office of the President in time for the International Human Rights Day (December 10). Please write a polite letter to President Gloria Macapagal-Arroyo as well as to Secretary Nasser C. Pangandaman, Department of Agrarian Reform, requesting them to immediately distribute and install the 165 farmer beneficiaries and their families to the said landholding. Background Bukidnon, a province in the Northern Mindanao region, is known in the Philippines as the food basket of Mindanao. The province is a major producer of rice, maize, coffee, pineapple and other fruits and vegetables, as well as chickens, hogs and cattle. For the past 10 years, the farmers from Sumilao, Bukidnon have been struggling for their right to food. In 1990, the 144-hectare Quisumbing Estate was placed under the national agrarian reform program, the Comprehensive Agrarian Reform Program (CARP). 165 farmers were identified as farmer beneficiaries and awarded a Certificate of Land Ownership Award (CLOA) by the Department of Agrarian Reform (DAR) in 1995. However, the land was never distributed to them and the farmers were not able to till the land to feed themselves adequately. Shortly after the farmers received the CLOA, the landowner applied to convert the 144 hectare land from agricultural to agro-industrial use and establish the Bukidnon Agro-industrial Development Area (BAIDA) notwithstanding the fact that prime agricultural lands are non-negotiable for conversion. While the conversion application was originally denied by the DAR Central Office, it was later approved by the Office of the President, Executive Secretary Ruben Torres, despite its illegality. Deprived of their means to feed themselves, the farmers occupied the said landholding and began cultivating. The landowner retaliated by sending armed guards who harassed the farmers and destroyed their huts. Left with no more recourse, the farmers decided to stage hunger strikes in front of the DAR Central Office in Manila, consuming nothing but water for 28 days. Due to huge public pressure, then President Ramos issued a resolution wherein 100 hectares were to be given to the farmers and the rest to the landowner Norberto Quisumbing. Infuriated with this decision, however, Quisumbing brought the same before the Supreme Court and the court reinstated the earlier ruling in favour of the landowner. This was in 1999. Then in 2002, the landowner sold the 144 hectare land to San Miguel Foods, Inc (SMFI), the largest conglomerate in the Philippines which plans to put up a piggery farm. None of the projects upon which the conversion was conditioned were implemented. In 2004, the Sumilao farmers filed a petition for the cancellation of the conversion order against Quisumbing and /or SMFI before the DAR on the basis that Quisumbing has failed to initiate any development work on the land, and that SMFI violated the conditions of the conversion order by changing completely its use to hog farming. The case was then brought to the Office of the President and it is currently pending. Recently, the farmers decided to stage a march of 60 days from Sumilao to Manila. They hope to reach Manila on 3rd of December, in time for the Human Rights Week Celebration, to resolve the claim on the 144 hectares that are rightfully theirs. The Mandate of the Emergency Network The Philippines is a state party to the International Covenant on Economic, Social and Cultural Rights and is therefore duty-bound under international law to fulfil the right to food of its population. Agrarian reform is a central measure to implement the landless farmers’ right to feed themselves and hence obligatory. The failure to install the 165 identified farmers’ beneficiaries onto the 144 hectare landholding and the related irregularities with respect to the land conversion constitute a breach of this obligation. Hence the government of the Philippines has violated the peasants’ right to feed themselves. End of Action: January 30, 2008 Addresses Mrs. Gloria Macapagal-Arroyo Hon. Nasser C. Pangandaman President Secretary Republic of the Philippines Department of Agrarian Reform Malacanang Palace Elliptical Road, Diliman, Quezon City JP Laurel Street, San Miguel PHILIPPINES Manila 1005 Fax: +63 2 929 3088 PHILIPPINES Fax: +63 2 736 1010 Please inform FIAN about any response to your letter Mrs. Gloria Macapagal-Arroyo President Republic of the Philippines Malacanang Palace JP Laurel Street, San Miguel Manila 1005 PHILIPPINES Fax: +63 2 736 1010 Dear Mrs. President, Recently I received information regarding 50 Sumilao marching from Sumilao, Bukidnon, to Manila. They are walking a distance of 1500 kilometres to reach Manila by 10 th of December, the International Human Rights Day, in order to claim 144 hectares of land for which they obtained a Certificate of Land Ownership Award CLOA in 1995. However, in an apparent attempt to circumvent the Comprehensive Agrarian Reform (CARP), the landowner Norberto Quisumbing applied for conversion of the land from agricultural to agro-industrial before the Department of Agrarian Reform. This was illegal because prime agricultural lands are non- negotiable for conversion. Surprisingly, however, while the DAR Secretary denied the application, the Office of the President, Executive Secretary Ruben Torres issued a resolution approving the application for conversion despite its illegality. In order to make their case public and have land finally awarded to them, the Sumilao farmers staged hunger strikes in front of the DAR Central Office. For 28 days they consumed nothing but water. Subsequently, then President Ramos issued a resolution, wherein 100 ha were given to the farmers and 44 hectares to the landowner. This resolution was later revoked by the Supreme Court and the earlier ruling in favour of the landowner was reinstated. In the meantime, none of the planned development projects were implemented. In 2002, the landowner sold the 144 hectare land to San Miguel Foods, Inc (SMFI) which plans to set up a piggery farm in violation of the conversion order as it substantially changed its use. In 2004, the Sumilao farmers raised the petition for cancellation of the conversion order before the Department of Agrarian Reform, which was dismissed two years later. In 2006, they pursued their petition for cancellation of the conversion order before the Office of the President and the case is currently pending. The Philippines is a state party to the International Covenant on Economic, Social and Cultural Rights, and therefore duty-bound under international law to fulfil the right to food of all of its population. Agrarian reform is meant to implement this human right. By not providing land which was awarded to the Sumilao farmers under the CARP, the Philippines breaches this obligation and violates the right to food of these farmers. As a person working internationally for the implementation for the right to food, I would like to ask you, Mrs. President to: 1. Revoke the Conversion Order; 2. Instruct the Department of Agrarian Reform to immediately issue notice of coverage and distribute the 144 hectares of land in San Vicente, Sumilao, Bukidnon, to the farmers. Sincerely yours, .