Front Line is deeply saddened to report that on 28 September 2009, human rights defender Mr Aladino “Datu Mansubaybay” A. Badbaran was killed in an ambush by unidentified armed men in Barangay Balit, San Luis, Agusan del Norte in the Philippines. His wife, Mrs Demesia Badbaran, received a gunshot wound to the shoulder during the attack.

Further Information

Front Line condemns the fact that since then, no investigation has been opened into his killing, and his family continue to receive threats and are under surveillance.

Both Datu and Demesia Badbaran were members of Tagdumahan, a farmers' organisation of the Banwaon tribe and of Kalumbay, a farmers' organisation covered by the services of the Rural Missionaries of the Philippines. Both Tagdumahan and Kalumbay are indigenous peoples' organisations working for land rights, and the Badbaran family are well-known as tribal leaders of the Banwaon tribe. Demesia Badbaran is also a member of BAE, a local indigenous peoples' organisation for women.

On 28 September 2009, Datu and Demesia Badbaran were ambushed by unidentified armed men while returning home to Balit. The men are believed to be linked to the Civilian Auxiliary Forces Geographical Units (CAFGU) under the 23rd Cadre Battalion of the Philippine Army, and to Mabantag, a paramilitary group under an individual named Mario Napongahan. Datu Badbaran died at the scene from blows to the head. He also suffered gunshot wounds to various parts of his body including his right eyeball, an arm, a leg and his genitals. Demesia Badbaran, who is currently pregnant, was shot in her left shoulder but managed to escape and raise the alarm in a nearby village.

During Datu Badbaran's funeral, Demesia Badbaran was watched by unidentified men in plain-clothes who stood for indefinite periods outside her house in Balit. After the funeral, due to security fears, she and her seven children moved to her parents' house in another village. Since then they have continuously moved to different locations as they continue to be watched and receive threats. On 4 October, her abandoned house in Balit was ransacked by unknown armed men, and her neighbours were questioned about her whereabouts.

Datu Badbaran’s father, the Chief Datu Mampiyalan “Mampaliyaw” of the Banwaon tribe, was also subjected to harassment prior to and after the incident. Datu Mampiyalan, who now stands as the chief leader of the tribe, repeatedly received death threats against himself and his family for not going into compromise agreements with the military and paramilitary groups recruited within the tribe itself. He is a well-known proponent of the movement against large-scale mining in the area. Prior to Datu Badbaran's killing, his corn crop was reportedly destroyed several times by unknown actors. Immediately after the death of Datu Badbaran, Datu Mampiyalan and his family reported constant harassment of family members by men known to be members of the Mabantag paramilitary group.

Both Demesia Badbaran and Datu Mampiyalan are having difficulty obtaining legal assistance due to the threats to their security. No investigation into the killing or intimidation has been opened, and no protection measures have been offered to the family.

In response to indigenous peoples' resistance to large-scale mining projects by local and foreign corporations on their ancestral lands, the state has allegedly begun militarization campaigns to recruit people within the communities, and has begun a campaign of persecution against local activists and human rights defenders. Members of Tagdumahan are accused of being communists or members of the New People's Army (NPA). Members of the organisation have reportedly been harassed by unidentified men who have threatened them at their homes in order to pressure them to revoke their membership. Just three weeks before the killing of Datu Badbaran, another indigenous leader, Datu Mampaagi Belayong, head of community organisation Linundigan, was shot and killed in the nearby town of Esperanza by perpetrators believed to be linked to state security forces.

Front Line strongly condemns the killing of Datu Badbaran and the ongoing intimidation, surveillance and threats against his family. Front Line believes that this is directly related to the Badbaran family's work in the defence of human rights, particularly land rights. Front Line sees this as part of a pattern of ongoing harassment against defenders in the region, and is seriously concerned for the physical and psychological integrity and security of Demesia Badbaran, Datu Mampiyalan and their family members.

Front Line urges the authorities in the Philippines to:

1. Carry out an immediate, thorough and impartial investigation into the killing of Datu Badbaran, and the intimidation of his family, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;

2. Guarantee the security and physical and psychological integrity and security of Demesia Badbaran, Datu Mampiyalan, their family members and all indigenous human rights defenders;

3. Ensure in all circumstances that human rights defenders in the Philippines, carrying out their legitimate work in the defence of human rights, are able to operate free of restrictions and reprisals.