“CARP’s goals of bringing about social justice, increase productivity and income, and agricultural development have not been achieved; on the contrary, it has only worsened landlessness, poverty and violence.” The truth in this observation by a Negros Occidental farm workers’ leader is highlighted by the recent experiences with agrarian violence in the said province.

BY KARL G. OMBION
Bulatlat
Vol. VII, No. 18, June 10-16, 2007BACOLOD CITY – The shooting incident at Hacienda Velez-Malaga, La Castellana, Negros Occidental last June 4, which left two farm workers dead and six others wounded, reflected the continuing agrarian violence brought about by the apparent ineffectiveness of the government’s agrarian reform program.

The latest incident has brought the number of victims of agrarian violence in Negros to at least 40 killed, more than 100 wounded, and a few thousands displaced, since the implementation of the Comprehensive Agrarian Reform Law in 1988, local data compiled by Bulatlat showed. The victims belonged to different farmers’ and farm workers’ organizations.

Irate TFM farmers

Irked by the long delay in their installation on the land already awarded to them, around 100 Task Force Mapalad (TFM) members gained entry into Hacienda Velez-Malaga owned by Roberto Cuenca at around 8 a.m. last June 4 and started to cut the young sugarcane stalks in an attempt to clear the five-hectare area where 53 of them were installed by Agrarian Reform Secretary Nasser Pangandaman last March 22.

The 53 members were the first batch of the 122 TFM members who demanded last month, at the Department of Agrarian Reform (DAR) central office in Quezon City, for their installation on more than 100 hectares of land covered by their certificate of land ownership awards (CLOAs).

They were clearing the area growing with sugarcane by cutting the cane shoots when ordered to stop by the hacienda security guards belonging to Cornerstone Security and Detective Agency. When they ignored the guards, the later allegedly fired warning shots first, and seeing the farmers continue with the cutting they followed up with direct shots.

Minutes later, two were dead, namely Ely Tupas and Alejandro Garcesa; while six were wounded, identified as Rene Florendia, Alan Hagocoy, Jude Capitania, Joebert Malayas, Norberto Diamante and Andre Barcome. The victims are all members of TFM.

For the past two years, scores of TFM leaders and members had already fallen as a result of their attempt to get possession of the land awarded to them.

TFM president Rodito Angeles said that they just entered the hacienda because they were already impatient with the long delay despite the order for their installation by no less than Pangandaman.

He also said that they were already angered by the local DAR’s long-delayed surveying and delineation of the 120 has. of land covered by their CLOAs to determine which parts of the hacienda should be given to another farmers’ group also claiming rights to the land and which parts are to be retained by the landowner.

“Instead of implementing the order of Secretary Pangandaman, local DAR officials still entertained negotiations with the owner and the other faction,” Angeles charged.

The other faction in the hacienda, the Hacienda Velez-Malaga Independent Workers’ Union led by Roger Miravalles and the Malaga-Cuenca Multi-Purpose Cooperative, have been opposing the issuance of the CLOA to TFM members. They filed a number of cases of human rights violations against Pangandaman before the Commission on Human Rights (CHR) last March.

CHR investigation

The CHR office in Bacolod City did not waste time in investigating the June 4 shooting incident Led by lawyer Romeo Valdevarona, the CHR team composed of Vangie Laguardia and Ariel Marapo – also lawyers – went out of their way to see the place and meet with the people involved and interviewed witnesses.

Two days later, the CHR team got the affidavits of the members of Task Force Mapalad, prepared them and had them sworn to. They acted swiftly to avoid misinterpretations and perceptions that a whitewash of the incident might be in the making.

When asked his opinion on the security guards’ actuations Valdevarona said, “They need not shoot them. They could have arrested those (TFM) members and turned them over to the police authorities for proper dispensation.”

Meanwhile, it is up to the police authorities to get the culprits. The security guards involved in the shooting are now at large.

DAR explains side

“Things would not have gone this far had the leaders of Task Force Mapalad not agitated their members and supporters to force their way into the farm,” said DAR Regional Director VI Alexis Arsenal.

In an interview, Arsenal scored TFM leaders saying they should have explained to their members the Supreme Court ruling opposing their installation on the hacienda.

“Had they not agitated (the members) and instead explained properly to their hacienda members what status quo means in the light of (the) Supreme Court case opposing the installation, there would have been no unnecessary violence and killings,” Arsenal said.

The TFM members who were installed by Pangandaman last March 22 were not able to gain possession of the awarded land because there was a pending case at the Supreme Court filed by Cuenca; and they were advised not to take over the land until the Supreme Court ruled with finality. “Practically, there is a status quo on the land,” Arsenal said.

“TFM leaders should have explained this properly and correctly to their members instead of agitating them to occupy the lands on the basis of false interpretations of legal proceedings, and just because they already had the blood of their members spilled on the land; let us not be ruled by irrationality but by the rule of law,” he said.

He added that if the TFM leaders implemented the “rule of force” capitalizing on the “thirst for land” of the farmers, there would be more “unnecessary sacrifices and deaths especially (of) innocent and well-meaning farmers.”

Arsenal also denied the farmers’ accusation that they are not doing their job. “Their accusations are not true; in fact, we had tried our best and installed them last March 22 despite fierce opposition from the other faction of farmers. But because the landowner filed a case in court, we cannot just proceed. We have to respect it,” he said.

“I urged their leaders in Manila to stop agitating their members here, let us be sober, sit down and talk over how to do things right while awaiting for the Supreme Court’s final decision,” he said.

Arsenal further called on TFM not to involve non-beneficiaries into the disputed land because it would only complicate matters.

He said that one of the casualties, Alejandro Garcesa was a CLOA holder but not among the 53 installed last March 22, while the six wounded are” not legitimate farmer-beneficiaries” in the subject CLOA.

“Please stop using and agitating those not included in the master list of CLOA holders because it would only make others who are qualified angry and resort to drastic moves,” he said.

No reason to celebrate CARP’s 19th anniversary

In a related development, National Federation of Sugar Workers (NFSW) secretary-general John “Butch” Lozande said that they see no reason to celebrate the 19th anniversary of CARP on June 10.

The continuing assaults on our ranks and the persistent scheming efforts of the landlords and DAR to deprive us of lands are more than enough reasons not to take part in any celebration of CARP. “How can we celebrate that which causes our economic deprivation, misery and death?” said Lozande.

He also slammed the DAR, the landowners, the police, military and RPA-ABB for their continued conspiracy to quash land distribution and consolidate instead the landowners’ control over vast tracts of lands.

In the case of TFM casualties, Lozande accused DAR of always blaming the farmers for their deaths and casualties in their struggle to get the land that is rightfully theirs, citing dozens of their own members from several haciendas victimized by the brutality of the landlords and their goons, and the DAR’s neglect.

More opposition to CARP extension

Lozande reiterated his group’s official opposition to the extension of the CARP.

The implementation of the CARP was supposed to have ended in 1998, but was extended to next year. Its implementation is to be extended by another 10 years starting 2008.

“CARP’s goals of bringing about social justice, increase productivity and income, and agricultural development have not been achieved; on the contrary, it has only worsened landlessness, poverty and violence,” he said.

In April 2006, the DAR study on the CARP, funded by the German Technical Cooperation (GTZ) revealed the following conclusive findings: Philippine agriculture is now in a “state of distress”; despite 18 years of CARP and 14 years of Operation Land Transfer (Presidential Decree No. 27), agrarian reform failed to significantly reduce rural poverty levels.

Furthermore the study also revealed that the collection of amortization payments from CARP beneficiaries has been dismal at 17.8 percent, or only P2.5 billion ($54,395,126 at an exchange rate of $1=P45.96) from the target collections of P4.3 billion ($93,559,617) from 1987-2004.

It also stated that the DAR has concentrated mainly on land distribution, without considering the viability of the land and the needed support services, citing that amid the shortage of funds, CARP implementation has been beset by misplaced priorities and misallocation of resources. This, the study showed, is highlighted by the fact that 60 percent of total disbursements went to the salaries of 15,000 officials and employees of the DAR.(Bulatlat.com)