Attention: News Editor, News Desk, Reporters and Photojournalists
MEDIA ADVISORY
Forum on Right to Adequate Housing
It is our distinct honor to invite you to attend a forum on the Shadow Report on Housing Rights sent to the United Nations Committee on Economic, Social and Cultural Rights (UNCESCR) and the Concluding Observations of the Committee on the compliance of the Philippine government on the right to adequate housing.
Commission on Human Rights Chairperson Atty. Leila de Lima will be one of the main speakers. During the morning session, Chairperson de Lima will share her reflections on the Shadow Report process and the UN’s remarks.
Other resource persons are coming from NGOs such as Sentro ng Alternatibong Lingap Panligal (SALIGAN), John J. Carroll Institute on Church and Social Issues (JJCICSI), Foundation for the Development of the Urban Poor (FDUP) and Urban Poor Associates (UPA).
The speakers will share their thoughts on the Shadow Report; Legal Issues; Overview of the Housing Situation; Housing Finance and the Community Mortgage Program; Evictions; Relocation and Proclamations; and the Concluding Remarks made by the UNCESCR.
The forum will be held tomorrow, March 10 (Tuesday), at the Audio Visual Room of the Social Development Complex, Ateneo de Manila University. It will begin at 9:00 AM and end at 3:30 PM. A modest lunch will be served.
Various government agencies, people’s organizations and civil society groups are invited to attend the forum. We hope to see you there.
Date: March 10, 2008 (Tuesday) / 9:00 AM - 3:30 PM
Venue: Audio Visual Room, Social Development Complex, Ateneo de Manila University, Loyola Heights, Quezon City
Showing posts with label United Nations. Show all posts
Showing posts with label United Nations. Show all posts
Monday, March 09, 2009
Thursday, November 27, 2008
UN regret about Philippines housing rights situation
** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE **
UN regret about Philippines housing rights situation
Committee calls for changes in housing rights policies
27 November 2008. The key United Nations body on economic, social and cultural rights has criticized the human rights performance of the government of the Philippines and recommended significant policy changes.
The UN Committee on Economic, Social and Cultural Rights (CESCR) on Nov. 24 issued its Concluding Observations, after reviewing the Philippines’ record concerning implementation of international human rights law in the field of economic, social and cultural rights during the past twelve years, since the Committee last reviewed the Philippines.
The Committee regrets that most of its previous recommendations relating to the prevention of illegal forced evictions have not been acted upon by the State party, and remains deeply concerned about the large scale forced eviction of urban families carried out for the purpose of urban renewal and beautification, which has reportedly affected over 1.2 million people in the period between 1995 and 2008.
“We are happy that the Committee’s findings on illegal, forced evictions ratify our own findings. People cannot be thrown out in the streets like rubbish as has happened so often here,” said Ted Añana, deputy coordinator of Urban Poor Associates (UPA).
Although diplomatically worded, the finding on housing rights and evictions represent a stinging rebuke to the record of successive governments in addressing the living conditions of the urban poor, according to the Centre on Housing Rights and Evictions (COHRE), an international human rights organisation that has been heavily involved in the UN process, along with a coalition of Philippine groups.
“These findings show how little progress has been made in past twelve years to improve the life of the urban poor”, said Dan Nicholson, Asia and Pacific Programme Coordinator of COHRE. “It’s time for the government to take clear action to remedy the wrongs of the past twelve years.”
“Philippines laws and international standards continue to be violated as forced evictions take place. We call on the government to impose a moratorium on forced evictions until the recommendations made by the UN Committee can be implemented. This means reinstating the Presidential Commission for the Urban Poor or another body with real, legally binding powers to enforce laws such as UDHA,” continued Nicholson, in reference to the widely flouted Urban Development and Housing Act (UDHA) of 1992 (Republic Act No. 7279). “Local governments that violate the law should be prosecuted, as UDHA allows.”
“It’s time for a whole new approach to relocation – which involves real consultation with and involvement of communities, to ensure that relocation sites are close to livelihoods, schools and healthcare facilities, and have power and water before relocation takes place,” said Nicholson.
“Meanwhile, the current budgetary allocation for housing, and particularly for important projects such as the Community Mortgage Programme, is inadequate. We call on the government to increase spending on housing from 0.5% of the budget to 2%, including a real increase for the CMP,” continued Nicholson.
“Some governments in Philippines are complying with their obligations, such as the government in Naga City”, said Nicholson, referring to Mayor Jesse Robredo and the Naga City government, who last year won a prestigious COHRE global Housing Rights Protector Award. “Others – and I must single out MMDA one of the worst offenders – must be reined in by the national government and courts of the Philippines”.
COHRE and local partners, including the UPA, will be organizing a series of events to publicize the Concluding Observations in coming months.
“We look forward to working with government, civil society and the UN to implement these recommendations”, concluded Nicholson. “We don’t want to go back to the Committee again in five years to find out that the situation still hasn’t improved. The people of the Philippines deserve better”.
In its concluding observations, the Committee:
• “Notes with concern that an estimated 16.5 million, roughly 30 percent, of the urban population continue to live in informal settlements and slums, sometimes built on riverbanks, railroad tracks and other high-risk areas, with no or limited basic infrastructures and services, without legal security of tenure and under constant threat of eviction.”
• “notes with concern that the percentage of the national budget allocated to the realisation of housing programmes ... is not sufficient to increase the supply of social housing units for members of the most disadvantaged and marginalised groups.”
• “remains deeply concerned about the large-scale forced eviction of urban families carried out for the purpose of urban renewal and beautification” which have affected more than 1.2 million people since 1995
• notes with concern “the inadequate measures to provide sufficient compensation or adequate relocation sites” for evicted families.
The Committee urges the government to:
• “allocate sufficient funds for the realisation of programmes aimed at providing security of tenure and affordable housing”
• “ensure the effective implementation of ... laws and regulations prohibiting illegal forced evictions and demolitions”
• “reinforce the mandate of the Presidential Commission for the Urban Poor (PCUP)”
• “undertake open, participatory and meaningful consultations with affected residents and communities prior to implementing development and urban renewal projects”;
• “ensure that persons forcibly evicted from their properties be provided with adequate compensation and/or offered relocation” in accordance with domestic law and international human rights standards; and
• “guarantee that relocation sites are provided with basic services ... and adequate facilities ... at the time the resettlement takes place”.
The full text of the UNCESCR Concluding Observations can be found at:
http://www2.ohchr.org/english/bodies/cescr/docs/E.C.12.PHL.CO.4_EN.pdf
For more information, contact:
Dan Nicholson, COHRE Asia and Pacific Programme Coordinator, at dan@cohre.org, +855 17 523274.
END
UN regret about Philippines housing rights situation
Committee calls for changes in housing rights policies
27 November 2008. The key United Nations body on economic, social and cultural rights has criticized the human rights performance of the government of the Philippines and recommended significant policy changes.
The UN Committee on Economic, Social and Cultural Rights (CESCR) on Nov. 24 issued its Concluding Observations, after reviewing the Philippines’ record concerning implementation of international human rights law in the field of economic, social and cultural rights during the past twelve years, since the Committee last reviewed the Philippines.
The Committee regrets that most of its previous recommendations relating to the prevention of illegal forced evictions have not been acted upon by the State party, and remains deeply concerned about the large scale forced eviction of urban families carried out for the purpose of urban renewal and beautification, which has reportedly affected over 1.2 million people in the period between 1995 and 2008.
“We are happy that the Committee’s findings on illegal, forced evictions ratify our own findings. People cannot be thrown out in the streets like rubbish as has happened so often here,” said Ted Añana, deputy coordinator of Urban Poor Associates (UPA).
Although diplomatically worded, the finding on housing rights and evictions represent a stinging rebuke to the record of successive governments in addressing the living conditions of the urban poor, according to the Centre on Housing Rights and Evictions (COHRE), an international human rights organisation that has been heavily involved in the UN process, along with a coalition of Philippine groups.
“These findings show how little progress has been made in past twelve years to improve the life of the urban poor”, said Dan Nicholson, Asia and Pacific Programme Coordinator of COHRE. “It’s time for the government to take clear action to remedy the wrongs of the past twelve years.”
“Philippines laws and international standards continue to be violated as forced evictions take place. We call on the government to impose a moratorium on forced evictions until the recommendations made by the UN Committee can be implemented. This means reinstating the Presidential Commission for the Urban Poor or another body with real, legally binding powers to enforce laws such as UDHA,” continued Nicholson, in reference to the widely flouted Urban Development and Housing Act (UDHA) of 1992 (Republic Act No. 7279). “Local governments that violate the law should be prosecuted, as UDHA allows.”
“It’s time for a whole new approach to relocation – which involves real consultation with and involvement of communities, to ensure that relocation sites are close to livelihoods, schools and healthcare facilities, and have power and water before relocation takes place,” said Nicholson.
“Meanwhile, the current budgetary allocation for housing, and particularly for important projects such as the Community Mortgage Programme, is inadequate. We call on the government to increase spending on housing from 0.5% of the budget to 2%, including a real increase for the CMP,” continued Nicholson.
“Some governments in Philippines are complying with their obligations, such as the government in Naga City”, said Nicholson, referring to Mayor Jesse Robredo and the Naga City government, who last year won a prestigious COHRE global Housing Rights Protector Award. “Others – and I must single out MMDA one of the worst offenders – must be reined in by the national government and courts of the Philippines”.
COHRE and local partners, including the UPA, will be organizing a series of events to publicize the Concluding Observations in coming months.
“We look forward to working with government, civil society and the UN to implement these recommendations”, concluded Nicholson. “We don’t want to go back to the Committee again in five years to find out that the situation still hasn’t improved. The people of the Philippines deserve better”.
In its concluding observations, the Committee:
• “Notes with concern that an estimated 16.5 million, roughly 30 percent, of the urban population continue to live in informal settlements and slums, sometimes built on riverbanks, railroad tracks and other high-risk areas, with no or limited basic infrastructures and services, without legal security of tenure and under constant threat of eviction.”
• “notes with concern that the percentage of the national budget allocated to the realisation of housing programmes ... is not sufficient to increase the supply of social housing units for members of the most disadvantaged and marginalised groups.”
• “remains deeply concerned about the large-scale forced eviction of urban families carried out for the purpose of urban renewal and beautification” which have affected more than 1.2 million people since 1995
• notes with concern “the inadequate measures to provide sufficient compensation or adequate relocation sites” for evicted families.
The Committee urges the government to:
• “allocate sufficient funds for the realisation of programmes aimed at providing security of tenure and affordable housing”
• “ensure the effective implementation of ... laws and regulations prohibiting illegal forced evictions and demolitions”
• “reinforce the mandate of the Presidential Commission for the Urban Poor (PCUP)”
• “undertake open, participatory and meaningful consultations with affected residents and communities prior to implementing development and urban renewal projects”;
• “ensure that persons forcibly evicted from their properties be provided with adequate compensation and/or offered relocation” in accordance with domestic law and international human rights standards; and
• “guarantee that relocation sites are provided with basic services ... and adequate facilities ... at the time the resettlement takes place”.
The full text of the UNCESCR Concluding Observations can be found at:
http://www2.ohchr.org/english/bodies/cescr/docs/E.C.12.PHL.CO.4_EN.pdf
For more information, contact:
Dan Nicholson, COHRE Asia and Pacific Programme Coordinator, at dan@cohre.org, +855 17 523274.
END
Thursday, November 13, 2008
Group seeks UN’s help vs gov’t human rights violations
** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE **
13 November 2008. In her speech during the UN Committee on Economic, Social, and Cultural Rights (UNCESCR) review in Geneva, Switzerland, Chairperson Leila de Lima of the Commission on Human Rights (CHR) urged the Philippine government to impose a moratorium on demolitions and forced evictions until consultation and resettlement provisions are implemented.
CHR’s appeal was made during the 41st session of the UNCESCR on November 11-12 which reviewed government compliance with its economic and social obligations including providing adequate and accessible shelter to its constituents especially to the homeless.
De lima also asserted that the country’s housing law, Urban Development Housing Act (UDHA) of 1992 should be amended to extend its protection against summary evictions to people living along railroad tracks, rivers and other areas considered danger zones.
Judge Ariranga Pillay of Mauritius, a member of said UN body, noted the unusually high number of Filipino families forcibly evicted from their homes indicating that these incidents had not abated since the committee first raised this issue to the government back in 1995.
Presidential Human Rights Committee (PHRC) director Severo Catura who was also in the review admitted that there were indeed incidences of violations of housing rights but he assured the UN committee that these were going to be addressed.
Catura also stated that the PHRC already partnered with the CHR in the effort to investigate and monitor housing rights violations particularly forced evictions.
Civil society groups in its alternative report to the committee during the review, estimated that 85,370 families or 505,355 individuals had been evicted since 1996 to 2008 mostly due to urban beautification and infrastructure projects such as the NorthRail and SouthRail projects.
“More than half of these evicted families were displaced during the term of President Gloria Macapagal Arroyo and also mostly due to the clearing operations of the Metro Manila Development Authority (MMDA) led by chairperson Bayani Fernando,” the groups, led by the Urban Poor Associates (UPA), said.
The report on the implementation of the right to adequate housing was prepared by UPA, John J. Caroll Institute on Church and Social Issues, Sentro ng Alternatibong Lingap Panligal (Saligan) and the Foundation for the Development of the Urban Poor.
Aside from the housing rights group, several non-governmental organizations also made reports on the implementation of social and economic rights such as access to food, employment, water, education, and health services.
Based on the civil society report to the UNCESCR, Filipinos' enjoyment of economic and social rights was gravely compromised by certain government priorities, policies, and practices such as the Philippine Mining Act, automatic appropriations for debt servicing, corruption, and unclear population agenda.
Furthermore, issues of concern raised by the UNCESCR back in 1995 such as lack of judicial powers of the CHR, vulnerable situation of children, non-completion and weaknesses of the agrarian reform program, and privatization of health services are still part of present realities.
The civil society report backed by more than one hundred organizations was facilitated by the Philippine Human Rights Information Center (PhilRights), research arm of the Philippine Alliance of Human Rights Advocates and the UPA.
Major contributors to the NGO report were the Saligan, Center for Migrant Advocacy, Homenet Southeast Asia, Philippine NGO Coalition for Food Sovereignty, Medical Action Group, Freedom from Debt Coalition, and Education Network – Philippines. -30-
13 November 2008. In her speech during the UN Committee on Economic, Social, and Cultural Rights (UNCESCR) review in Geneva, Switzerland, Chairperson Leila de Lima of the Commission on Human Rights (CHR) urged the Philippine government to impose a moratorium on demolitions and forced evictions until consultation and resettlement provisions are implemented.
CHR’s appeal was made during the 41st session of the UNCESCR on November 11-12 which reviewed government compliance with its economic and social obligations including providing adequate and accessible shelter to its constituents especially to the homeless.
De lima also asserted that the country’s housing law, Urban Development Housing Act (UDHA) of 1992 should be amended to extend its protection against summary evictions to people living along railroad tracks, rivers and other areas considered danger zones.
Judge Ariranga Pillay of Mauritius, a member of said UN body, noted the unusually high number of Filipino families forcibly evicted from their homes indicating that these incidents had not abated since the committee first raised this issue to the government back in 1995.
Presidential Human Rights Committee (PHRC) director Severo Catura who was also in the review admitted that there were indeed incidences of violations of housing rights but he assured the UN committee that these were going to be addressed.
Catura also stated that the PHRC already partnered with the CHR in the effort to investigate and monitor housing rights violations particularly forced evictions.
Civil society groups in its alternative report to the committee during the review, estimated that 85,370 families or 505,355 individuals had been evicted since 1996 to 2008 mostly due to urban beautification and infrastructure projects such as the NorthRail and SouthRail projects.
“More than half of these evicted families were displaced during the term of President Gloria Macapagal Arroyo and also mostly due to the clearing operations of the Metro Manila Development Authority (MMDA) led by chairperson Bayani Fernando,” the groups, led by the Urban Poor Associates (UPA), said.
The report on the implementation of the right to adequate housing was prepared by UPA, John J. Caroll Institute on Church and Social Issues, Sentro ng Alternatibong Lingap Panligal (Saligan) and the Foundation for the Development of the Urban Poor.
Aside from the housing rights group, several non-governmental organizations also made reports on the implementation of social and economic rights such as access to food, employment, water, education, and health services.
Based on the civil society report to the UNCESCR, Filipinos' enjoyment of economic and social rights was gravely compromised by certain government priorities, policies, and practices such as the Philippine Mining Act, automatic appropriations for debt servicing, corruption, and unclear population agenda.
Furthermore, issues of concern raised by the UNCESCR back in 1995 such as lack of judicial powers of the CHR, vulnerable situation of children, non-completion and weaknesses of the agrarian reform program, and privatization of health services are still part of present realities.
The civil society report backed by more than one hundred organizations was facilitated by the Philippine Human Rights Information Center (PhilRights), research arm of the Philippine Alliance of Human Rights Advocates and the UPA.
Major contributors to the NGO report were the Saligan, Center for Migrant Advocacy, Homenet Southeast Asia, Philippine NGO Coalition for Food Sovereignty, Medical Action Group, Freedom from Debt Coalition, and Education Network – Philippines. -30-
Thursday, November 06, 2008
PHILIPPINE GOVERNMENT IS A GROSS HUMAN RIGHTS VIOLATOR
PHILIPPINE GOVERNMENT IS A GROSS HUMAN RIGHTS VIOLATOR, IN PARTICULAR THE RIGHT TO ADEQUATE HOUSING
IN 1995 the UN issued its concerns about the Philippine government’s failure to comply with the international treaty, The International Covenant on Economic, Social and Cultural Rights and gave a list of recommendations about housing rights, to the Philippine Government in order remedy the rampant commission of forced evictions, a prima facie violation of the right to adequate housing. A reading of the UN document shows that the Philippine Government from former Presidents Fidel Ramos and Estrada to President Gloria Macapagal Arroyo barely complied with the recommendations. Specifically on forced evictions, monitoring by NGOs has shown:
Since 1996 to June 2008 the Philippine Government has failed to stop forced evictions committed by third parties but has itself committed forced evictions considered gross violations of human rights, in particular the right to adequate housing, General Comment No. 7 on Forced Evictions and in violation of its 1997 Constitution and the Urban Development and Housing of 1992 or RA 7279.
Adequate protection and due process were not observed;Advance or prior notice was largely not complied with;Consultations with the affected families and communities were not conducted.
Nearly 50% of those evicted were not provided relocation. The government’s failure to provide relocation to nearly half of the evicted families violates the UN’s document on Forced Evictions which says “Evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights.”
Thousands of families were rendered homeless and were made vulnerable to other human rights violations, such as the rights to work, education, health, food and water, and the right to be protected against “arbitrary or unlawful interference” with one’s home. Moreover, the government and the courts did not provide compensation to the evicted families
Nearly a fourth of the evictions carried out were violent. Many were injured and some were arrested. Vulnerable groups, namely the children, women and elderly suffered the most. Children were traumatized and many stopped attending school. Pregnant women gave premature births or lost their babies. The elderly were reduced to living without shelter, under the sun, the rain and the cold, endangering their health.
The Government attempt to correct this situation was a failure. Its Executive Order No. 152 empowering the Presidential Commission for the Urban Poor as the clearing house for the compliance of Section 28 of the UDHA was largely ignored by government agencies, such as MMDA and some LGUs. In February the clearing house function was transferred to LGUs, but its IRR has not been issued. Thus no clearing house function at present exists.
The Government tolerated or ignored national government agencies and local government units which used other laws, such as the Civil Code on nuisance, the National Building Code or PD 1096 to evict poor families without the legal protection or dues process contained in domestic and international laws. UN guidelines on Forced Evictions says: “The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions.”
No court decision at the Court of Appeals or Supreme Court has as yet been rendered recognizing the right to adequate housing of poor families and thus providing them legal protection against forced evictions. Lower courts continue to issue decisions based solely on property rights, either of the government or private entities, ignoring or rejecting arguments protecting the housing rights of the affected families.
Congress, on the other hand, has not exercised its oversight function on the compliance of government agencies with the UDHA. It has not initiated efforts to plug loopholes in the UDHA.
The Philippine Government is in breach of the international treaty. It must therefore exert extra efforts to remedy this situation.
RECOMMENDATIONS TO THE UN CESCR
The Philippine Government must:
1. Prosecute all those who commit forced evictions either through the courts, ombudsman, the Commission on Human Rights, or administrative bodies
2. Establish an independent body with the power to ensure compliance with domestic and international laws against forced evictions, including the power to suspend or stop forced evictions.
3. Order all government bodies that there is only one law, the UDHA, specifically its Section 28, in conformity with General Comment No. 7 on Forced Evictions, to be followed when carrying out just and humane demolitions/evictions and that they should not use any other laws and regulations such as the National Building Code or PD 1096, the law on nuisance, including ordinances such as the MMDA Ordinances No. 03-96 and No. 02-28. Moreover, clarify and instruct all government agencies and units that there is no cut-off date in the UDHA.
4. Establish a special court on housing rights at the lower levels as well at the level of the Court of Appeals, make it obligatory for the Philippine Judicial Academy to include a course on housing rights in its curriculum for judges and a similar course in the Mandatory Continuing Legal Education (MCLE) for lawyers, lower or remove court fees in housing rights cases involving the urban poor, and process expeditiously court cases involving forced eviction and similar cases, extend Writ of Amparo and habeas data to economic, social and cultural rights violations, such as illegal demolitions.
5. Hold twice annually oversight hearings, separately or jointly by the two houses of Congress, on the compliance of the UDHA, in particular Section 28, by government agencies and units, amend certain provisions of the UDHA such as stiffer penalties for those who commit forced evictions.
6. Government should be asked to keep statistics on evictions.
For the UN CESCR:
1. Get commitments from the Philippine government that it will invite fact finding missions from UN Rapporteurs, including the UN Rapporteur on the Right to Adequate Housing.
2. Send letters of inquiry or concern to the Philippine government regarding reports and complaints of forced evictions by civil society organizations, as what the former CESCR chairman Philip Alston did on the report of massive forced evictions because of the 1996 APEC.
3. Persuade the officials of the legislative, executive and judicial branches of government to undergo seminars on housing rights and forced evictions to be conducted by UN housing rights experts.
4. Send letters of inquiry and concern to ODA donors and foreign investors on their obligations to avoid forced evictions in their projects in the Philippines.
IN 1995 the UN issued its concerns about the Philippine government’s failure to comply with the international treaty, The International Covenant on Economic, Social and Cultural Rights and gave a list of recommendations about housing rights, to the Philippine Government in order remedy the rampant commission of forced evictions, a prima facie violation of the right to adequate housing. A reading of the UN document shows that the Philippine Government from former Presidents Fidel Ramos and Estrada to President Gloria Macapagal Arroyo barely complied with the recommendations. Specifically on forced evictions, monitoring by NGOs has shown:
Since 1996 to June 2008 the Philippine Government has failed to stop forced evictions committed by third parties but has itself committed forced evictions considered gross violations of human rights, in particular the right to adequate housing, General Comment No. 7 on Forced Evictions and in violation of its 1997 Constitution and the Urban Development and Housing of 1992 or RA 7279.
Adequate protection and due process were not observed;Advance or prior notice was largely not complied with;Consultations with the affected families and communities were not conducted.
Nearly 50% of those evicted were not provided relocation. The government’s failure to provide relocation to nearly half of the evicted families violates the UN’s document on Forced Evictions which says “Evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights.”
Thousands of families were rendered homeless and were made vulnerable to other human rights violations, such as the rights to work, education, health, food and water, and the right to be protected against “arbitrary or unlawful interference” with one’s home. Moreover, the government and the courts did not provide compensation to the evicted families
Nearly a fourth of the evictions carried out were violent. Many were injured and some were arrested. Vulnerable groups, namely the children, women and elderly suffered the most. Children were traumatized and many stopped attending school. Pregnant women gave premature births or lost their babies. The elderly were reduced to living without shelter, under the sun, the rain and the cold, endangering their health.
The Government attempt to correct this situation was a failure. Its Executive Order No. 152 empowering the Presidential Commission for the Urban Poor as the clearing house for the compliance of Section 28 of the UDHA was largely ignored by government agencies, such as MMDA and some LGUs. In February the clearing house function was transferred to LGUs, but its IRR has not been issued. Thus no clearing house function at present exists.
The Government tolerated or ignored national government agencies and local government units which used other laws, such as the Civil Code on nuisance, the National Building Code or PD 1096 to evict poor families without the legal protection or dues process contained in domestic and international laws. UN guidelines on Forced Evictions says: “The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions.”
No court decision at the Court of Appeals or Supreme Court has as yet been rendered recognizing the right to adequate housing of poor families and thus providing them legal protection against forced evictions. Lower courts continue to issue decisions based solely on property rights, either of the government or private entities, ignoring or rejecting arguments protecting the housing rights of the affected families.
Congress, on the other hand, has not exercised its oversight function on the compliance of government agencies with the UDHA. It has not initiated efforts to plug loopholes in the UDHA.
The Philippine Government is in breach of the international treaty. It must therefore exert extra efforts to remedy this situation.
RECOMMENDATIONS TO THE UN CESCR
The Philippine Government must:
1. Prosecute all those who commit forced evictions either through the courts, ombudsman, the Commission on Human Rights, or administrative bodies
2. Establish an independent body with the power to ensure compliance with domestic and international laws against forced evictions, including the power to suspend or stop forced evictions.
3. Order all government bodies that there is only one law, the UDHA, specifically its Section 28, in conformity with General Comment No. 7 on Forced Evictions, to be followed when carrying out just and humane demolitions/evictions and that they should not use any other laws and regulations such as the National Building Code or PD 1096, the law on nuisance, including ordinances such as the MMDA Ordinances No. 03-96 and No. 02-28. Moreover, clarify and instruct all government agencies and units that there is no cut-off date in the UDHA.
4. Establish a special court on housing rights at the lower levels as well at the level of the Court of Appeals, make it obligatory for the Philippine Judicial Academy to include a course on housing rights in its curriculum for judges and a similar course in the Mandatory Continuing Legal Education (MCLE) for lawyers, lower or remove court fees in housing rights cases involving the urban poor, and process expeditiously court cases involving forced eviction and similar cases, extend Writ of Amparo and habeas data to economic, social and cultural rights violations, such as illegal demolitions.
5. Hold twice annually oversight hearings, separately or jointly by the two houses of Congress, on the compliance of the UDHA, in particular Section 28, by government agencies and units, amend certain provisions of the UDHA such as stiffer penalties for those who commit forced evictions.
6. Government should be asked to keep statistics on evictions.
For the UN CESCR:
1. Get commitments from the Philippine government that it will invite fact finding missions from UN Rapporteurs, including the UN Rapporteur on the Right to Adequate Housing.
2. Send letters of inquiry or concern to the Philippine government regarding reports and complaints of forced evictions by civil society organizations, as what the former CESCR chairman Philip Alston did on the report of massive forced evictions because of the 1996 APEC.
3. Persuade the officials of the legislative, executive and judicial branches of government to undergo seminars on housing rights and forced evictions to be conducted by UN housing rights experts.
4. Send letters of inquiry and concern to ODA donors and foreign investors on their obligations to avoid forced evictions in their projects in the Philippines.
Tuesday, November 04, 2008
Media Advisory: Press Briefing on the Civil Society Report on Economic, Social and Cultural Rights
Attention: News Editor, News Desk, Reporters
November 4, 2008
Media Advisory
Press Briefing on the Civil Society Report on Economic, Social and Cultural Rights
On November 11-12, 2008, the Philippine government will present before the UN Committee on Economic, Social and Cultural Rights (UNCESCR) in Geneva, Switzerland its report on how it fulfilled the socio-economic entitlements of its constituency among which are the rights to food, health, housing, work, education, social security, and water.
In line with this, the Philippine Alliance of Human Rights Advocates (PAHRA) and Urban Poor Associates (UPA) cordially invite your news organization to a press briefing to present the major highlights and recommendations of the Philippine civil society alternative report on the same set of rights also submitted to the UNCESCR.
What: Press Briefing on the Civil Society Report on Economic, Social and
Cultural Rights
When: November 6, 2008 (Thursday), 7:00 PM
Where: Red Palace Seafood Restaurant
132 Malakas St., Brgy. Central
Diliman, Quezon City
Contact Persons: 1.) Bernardo D. Larin (433-1714, 0927-4241551)
2.) Jonal Javier (436-2633, 0920-6728892)
November 4, 2008
Media Advisory
Press Briefing on the Civil Society Report on Economic, Social and Cultural Rights
On November 11-12, 2008, the Philippine government will present before the UN Committee on Economic, Social and Cultural Rights (UNCESCR) in Geneva, Switzerland its report on how it fulfilled the socio-economic entitlements of its constituency among which are the rights to food, health, housing, work, education, social security, and water.
In line with this, the Philippine Alliance of Human Rights Advocates (PAHRA) and Urban Poor Associates (UPA) cordially invite your news organization to a press briefing to present the major highlights and recommendations of the Philippine civil society alternative report on the same set of rights also submitted to the UNCESCR.
What: Press Briefing on the Civil Society Report on Economic, Social and
Cultural Rights
When: November 6, 2008 (Thursday), 7:00 PM
Where: Red Palace Seafood Restaurant
132 Malakas St., Brgy. Central
Diliman, Quezon City
Contact Persons: 1.) Bernardo D. Larin (433-1714, 0927-4241551)
2.) Jonal Javier (436-2633, 0920-6728892)
Monday, July 28, 2008
MEDIA ADVISORY: Running Priest in Baseco for U.N. Run
Attention: News Editor, News Desk, Reporters and Photojournalists
MEDIA ADVISORY
Running Priest in Baseco for U.N. Run
Fr. Robert Reyes, the running priest, will stage a run in Baseco, Port Area in Manila tomorrow (Tuesday) morning 10:00 AM starting at the Herminigildo Atienza Elementary School to publicise a petition which the people will send to the United Nations (UN). The petition will concern the eviction of 7,000 to 10,000 families living in Baseco.
The land was proclaimed by President Gloria Macapagal Arroyo in 2002. On the basis of that proclamation, aided by the Gawad Kalinga (GK) and Habitat for Humanity (HfH), the people invested in their homes. But now they are told to vacate the 56 hectares because the reclamation done by the government between 2002 and 2004 was poorly done. With the result, the land will liquify if there is a strong earthquake, the government says.
It is estimated well over a hundred million pesos was spent for the reclamation, according to Urban Poor Associates (UPA), a housing rights NGO.
After the run, there will be a brief prayer service. The people of Baseco will also sign a banner with the words “United Nations Housing Rights, please help us. We want to stay here in our homes. We don’t want to move out.”
Date: July 29, 2008 (Tuesday)
Time: 10:00 AM
Venue: Baseco, Port Area, Manila
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Running Priest in Baseco for U.N. Run
Fr. Robert Reyes, the running priest, will stage a run in Baseco, Port Area in Manila tomorrow (Tuesday) morning 10:00 AM starting at the Herminigildo Atienza Elementary School to publicise a petition which the people will send to the United Nations (UN). The petition will concern the eviction of 7,000 to 10,000 families living in Baseco.
The land was proclaimed by President Gloria Macapagal Arroyo in 2002. On the basis of that proclamation, aided by the Gawad Kalinga (GK) and Habitat for Humanity (HfH), the people invested in their homes. But now they are told to vacate the 56 hectares because the reclamation done by the government between 2002 and 2004 was poorly done. With the result, the land will liquify if there is a strong earthquake, the government says.
It is estimated well over a hundred million pesos was spent for the reclamation, according to Urban Poor Associates (UPA), a housing rights NGO.
After the run, there will be a brief prayer service. The people of Baseco will also sign a banner with the words “United Nations Housing Rights, please help us. We want to stay here in our homes. We don’t want to move out.”
Date: July 29, 2008 (Tuesday)
Time: 10:00 AM
Venue: Baseco, Port Area, Manila
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