FOR IMMEDIATE RELEASE
COHRE condemns violent forced eviction at Baclaran Mosque
International human rights organisation calls for independent inquiry into killings
20 November 2009, Pasay City: The Centre on Housing Rights and Evictions (COHRE) today strongly condemned the reported killing of three residents of the Baclaran Mosque community in Pasay City during an apparently illegal operation to forcibly evict the community from their homes on 18 November 2009. COHRE has sent a letter to President Gloria Arroyo to express its concerns and to call for an urgent independent inquiry into the incidents of 18 November 2009 as well as to hold all those responsible to account.
Dan Nicholson, Coordinator of the COHRE Asia Programme, said: “Regardless of the legality of the eviction, there can be no justification for the use of lethal weapons. The use of fire arms against protesters and the reported death of three community members points to an apparent disproportionate use of force by police forces that demonstrates a disregard for the most fundamental human rights among those who implemented the eviction”.
In its letter to President Arroyo, COHRE recalls previous attempts to forcibly and illegally remove residents from their homes, most recently in August 2009, and exposes the apparent unlawfulness of the eviction on 18 November. “It appears that authorities had no executable eviction order against the community, as they relied on an August order which, under implementing rules and regulations of the Urban Development and Housing Act (UDHA), expired after 90 days”, said Dan Nicholson.
He further expressed his strong concern that the events at Baclaran Mosque are not an isolated incident: “We are very concerned that this latest eviction is but one case that represents an ongoing culture of lack of respect for the law and human rights in the carrying out of evictions by certain authorities in Manila. In a separate forced eviction case in Pechayan, North Fairview, Quezon City in October 2009, a community leader and her son were shot dead by security guards. There can be absolutely no justification for serious injuries and deaths as a result of evictions. In fact, such incidents violate the duty of the Government of the Philippines to respect and protect the right to life under Article 6 of the International Covenant on Civil and Political Rights, and point to a persistent failure of the Government of the Philippines to honour its international legal obligations.”
COHRE further pointed out that forced evictions are a violation of the right to adequate housing contained in Article 11 (1) of the International Covenant on Economic, Social and Cultural Rights. Under the Covenant, evictions can only be carried out lawfully under exceptional circumstances, and only when a number of safeguards are followed, which include, among others, the provision of adequate alternatives to those affected and the prohibition of rendering persons homeless.
“In the case of the Baclaran Mosque community, the homes of approximately 400 families were reportedly destroyed and the proposed relocation site is rejected as inadequate to meet the community’s needs”, said Nicholson.
“We call on the authorities in the Philippines to immediately conduct an independent inquiry into the violence of 18 November and to promptly make the findings public. Those responsible for violations of Philippines’ law have to be held to account, including through criminal charges where appropriate, both in respect of the disproportionate use of force and the legality of the eviction,” he said.
“The community needs to immediately be provided with adequate shelter and emergency relief while a permanent solution that suits the community’s needs is found in consultation with them. Last but not least, compensation for injury and death as well as for material losses needs to be provided to all those affected,” he added.
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For more information, contact:
Dan Nicholson; COHRE Asia and Pacific Programme Coordinator; +855.17.523.274; dan@cohre.org; hannah@cohre.org
BACKGROUND ON COHRE
The Centre on Housing Rights and Evictions is an international human rights non-governmental organisation based in Geneva, Switzerland, with offices in Asia, Africa and the Americas. COHRE works to promote and protect the right to adequate housing, including preventing and remedying forced evictions. Together with local partner Urban Poor Associates (UPA), COHRE has worked with the Baclaran Mosque community since 2007.
Showing posts with label Centre on Housing Rights and Evictions. Show all posts
Showing posts with label Centre on Housing Rights and Evictions. Show all posts
Friday, November 20, 2009
Tuesday, October 07, 2008
Governments must end forced evictions and address global housing crisis at the root of global financial crisis
On the occasion of the World Habitat Day, 6 October 2008, the Centre on Housing Rights and Evictions (COHRE) calls upon governments to end forced evictions and other housing rights violations. COHRE further urges governments and other relevant agencies to direct the necessary resources towards addressing the acute housing crises in both rural and urban areas. COHRE is convinced that the unmet demand for adequate housing provided the primary target for the predatory lending practices that have led to the current spate of worldwide bank failures and the ensuing global financial crisis. The realization of housing rights for the world's poor majority must not now be sacrificed in the name of international economic "recovery" efforts.
World leaders can no longer continue to ignore widespread violations of the fundamental human right to adequate housing. Millions of people continue to be forcibly evicted from their homes and lands. In Beijing, 1.5 million people have been displaced to create space for Olympic venues, for city ‘beautification’ projects in advance of the Olympics, as well as in the context of other urban development projects. This massive displacement of persons and communities is ongoing today. In Abuja, Nigeria, the Federal Capital Development Authority selectively used the City’s Master Plan to forcibly evict more than 800,000 during the period 2003 to 2007. Over three years after the devastation caused by Hurricane Katrina, in the United States, thousands of families are still being denied the right to return to their homes. In Cambodia, over 50,000 people were forcibly evicted during 2006-2007 for agro-industrial and development projects. Indeed, even Luanda, Angola, which hosts this year’s World Habitat Day celebrations, has similarly undertaken large-scale forced evictions, involving many thousands of persons, in the recent period.
Ongoing housing rights abuses have also taken other forms. In Burma, cyclone Nargis survivors have reportedly been forcibly returned to their villages by the Burmese government, despite the absence of adequate rehabilitation. In Sri Lanka, the government has threatened to forcibly close transitional shelters in Colombo, in advance of any durable solution for persons displaced by the 2004 tsunami. Indigenous communities such as the Brazilian Quilombos and the Bedouin in Israel have been arbitrarily deprived of their land, despite the adoption by the UN General Assembly in September 2007 of the Declaration on Indigenous Peoples, which sets out extensive commitments to maintain the integrity of land tenure for such groups. The Roma in Europe face extensive racial segregation in housing, enforced through forced eviction practices, matters comprehensively banned by international law. The recent period has seen dramatic intensification of such practices by the Italian and French governments in particular.
While countless people continue to be driven into homelessness, governments are abdicating their responsibility to ensure access to affordable housing and public services. In some cases, governments are even scaling down commitments made previously to meet the growing demand for affordable housing. For example, in the post-communist world, social housing systems have been dismantled in a number of countries, with few or no protections introduced to protect persons forced by these acts into extreme poverty. The widespread neglect of rural infrastructure including water, sanitation and housing coupled with increased land alienation has led to growing rural-urban migration. In addition, the fast pace of urbanisation in many developing countries has far exceeded local government capacity or willingness to provide basic amenities to city residents, including adequate housing, water, electricity and sanitation. Such urbanisation has resulted in the creation of vast slums where residents live in sub-standard housing conditions, without access to even the most basic services.
While inadequate living conditions and forced evictions affect all residents, women and girls all too often bear a disproportionately greater burden. Violence, vulnerability to abuse and exploitation, inadequate provision of services, housing insecurity, and lack of privacy are common experiences with profoundly gendered dimensions.
There are, however, inspirational alternative approaches. In one leading example, Naga City, in the Philippines, has enacted landmark legislation mandating city government agencies to establish a partnership with community organisations to work towards security of tenure and improved living conditions for its residents. Naga City has also adopted a range of adjunct policies with a view to finding long-term solutions to problems of lack of security of tenure faced by the urban poor as well as to promote slum upgrading.
A major housing rights victory was recently won when the City of Johannesburg implemented the voluntary relocation of 450 residents of two inner city slum buildings to two newly refurbished buildings. This successful relocation was possible due to an order by the Constitutional Court of South Africa that directed the City government to engage in meaningful consultation with affected persons.
COHRE urges governments to take cognisance of this and similar progressive approaches to securing the right to adequate housing for all. COHRE further urges all governments to take immediate steps, as specified by international law, to address the spiralling global housing crisis. In particular, COHRE urges that governments worldwide:
- End, without delay, the practice of forced eviction
- Respect, protect and fulfil the right to adequate housing including the right to water and sanitation for all
- Promote development processes that minimise displacement
- Devise and implement plans to address homelessness and inadequate housing in consultation with affected persons and communities, and their representatives
- Take steps to mitigate the impacts of inadequate housing on marginalised groups, including women, racial and ethnic minorities, and children, and
- Celebrate the work of housing rights defenders, and work toward their inclusion in policy frameworks to resolve outstanding housing rights issues
###
World leaders can no longer continue to ignore widespread violations of the fundamental human right to adequate housing. Millions of people continue to be forcibly evicted from their homes and lands. In Beijing, 1.5 million people have been displaced to create space for Olympic venues, for city ‘beautification’ projects in advance of the Olympics, as well as in the context of other urban development projects. This massive displacement of persons and communities is ongoing today. In Abuja, Nigeria, the Federal Capital Development Authority selectively used the City’s Master Plan to forcibly evict more than 800,000 during the period 2003 to 2007. Over three years after the devastation caused by Hurricane Katrina, in the United States, thousands of families are still being denied the right to return to their homes. In Cambodia, over 50,000 people were forcibly evicted during 2006-2007 for agro-industrial and development projects. Indeed, even Luanda, Angola, which hosts this year’s World Habitat Day celebrations, has similarly undertaken large-scale forced evictions, involving many thousands of persons, in the recent period.
Ongoing housing rights abuses have also taken other forms. In Burma, cyclone Nargis survivors have reportedly been forcibly returned to their villages by the Burmese government, despite the absence of adequate rehabilitation. In Sri Lanka, the government has threatened to forcibly close transitional shelters in Colombo, in advance of any durable solution for persons displaced by the 2004 tsunami. Indigenous communities such as the Brazilian Quilombos and the Bedouin in Israel have been arbitrarily deprived of their land, despite the adoption by the UN General Assembly in September 2007 of the Declaration on Indigenous Peoples, which sets out extensive commitments to maintain the integrity of land tenure for such groups. The Roma in Europe face extensive racial segregation in housing, enforced through forced eviction practices, matters comprehensively banned by international law. The recent period has seen dramatic intensification of such practices by the Italian and French governments in particular.
While countless people continue to be driven into homelessness, governments are abdicating their responsibility to ensure access to affordable housing and public services. In some cases, governments are even scaling down commitments made previously to meet the growing demand for affordable housing. For example, in the post-communist world, social housing systems have been dismantled in a number of countries, with few or no protections introduced to protect persons forced by these acts into extreme poverty. The widespread neglect of rural infrastructure including water, sanitation and housing coupled with increased land alienation has led to growing rural-urban migration. In addition, the fast pace of urbanisation in many developing countries has far exceeded local government capacity or willingness to provide basic amenities to city residents, including adequate housing, water, electricity and sanitation. Such urbanisation has resulted in the creation of vast slums where residents live in sub-standard housing conditions, without access to even the most basic services.
While inadequate living conditions and forced evictions affect all residents, women and girls all too often bear a disproportionately greater burden. Violence, vulnerability to abuse and exploitation, inadequate provision of services, housing insecurity, and lack of privacy are common experiences with profoundly gendered dimensions.
There are, however, inspirational alternative approaches. In one leading example, Naga City, in the Philippines, has enacted landmark legislation mandating city government agencies to establish a partnership with community organisations to work towards security of tenure and improved living conditions for its residents. Naga City has also adopted a range of adjunct policies with a view to finding long-term solutions to problems of lack of security of tenure faced by the urban poor as well as to promote slum upgrading.
A major housing rights victory was recently won when the City of Johannesburg implemented the voluntary relocation of 450 residents of two inner city slum buildings to two newly refurbished buildings. This successful relocation was possible due to an order by the Constitutional Court of South Africa that directed the City government to engage in meaningful consultation with affected persons.
COHRE urges governments to take cognisance of this and similar progressive approaches to securing the right to adequate housing for all. COHRE further urges all governments to take immediate steps, as specified by international law, to address the spiralling global housing crisis. In particular, COHRE urges that governments worldwide:
- End, without delay, the practice of forced eviction
- Respect, protect and fulfil the right to adequate housing including the right to water and sanitation for all
- Promote development processes that minimise displacement
- Devise and implement plans to address homelessness and inadequate housing in consultation with affected persons and communities, and their representatives
- Take steps to mitigate the impacts of inadequate housing on marginalised groups, including women, racial and ethnic minorities, and children, and
- Celebrate the work of housing rights defenders, and work toward their inclusion in policy frameworks to resolve outstanding housing rights issues
###
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