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.
-30-
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 human rights violations. Show all posts
Showing posts with label human rights violations. Show all posts
Friday, November 20, 2009
Wednesday, November 18, 2009
Demolition in Baclaran turns bloody
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-
Friday, October 19, 2007
Group slams MMDA for violating moratorium on demolition
Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118 Tel.: 4264119 / 4267615
http://www.flickr.com/photos/jlagman17
http://jlagman17.blogspot.com
** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE **
Group slams MMDA for violating moratorium on demolition
19 October 2007. An eviction watchdog has scored the continuing demolition drive by the Metropolitan Manila Development Authority (MMDA) despite a 1-month moratorium agreed upon at a recent hearing at the Senate Committee on Urban Planning, Housing and Resettlement.
The Urban Poor Associates (UPA), a housing rights non-government organization, said MMDA Chairman Bayani Fernando violated his promise to Senator Juan Miguel Zubiri and Senator Rodolfo Biazon to stop demolitions as it only render poor families homeless.
“The MMDA should change its name to Metro Manila Demolition Abuses. For this year alone, it has displaced thousands of poor families more than a major disaster can do,” said Ted Añana, deputy coordinator of UPA.
“Aside from doing unlawful demolitions, the MMDA has perfected its propaganda of lies against urban poor just to justify its inhumane actions. In fact, the MMDA wanted to get rid of all informal settlers but it has never relocated a single family contrary to its press statements,” Añana said. “Imagine this, without all this so-called eyesores, more than half of the population of Metro Manila will be homeless,” Añana added.
According to UPA, the impact of forced evictions is almost always severe for the victims. This can include physical and mental trauma, homelessness, loss of wealth and assets in the form of dwellings and personal goods, loss of livelihood or employment, declining standards of health and education, and the destruction of community bonds.
Some residents living along Estero Tripa de Gallina in Pasay City were hurt yesterday as the MMDA dismantled the homes of more than 100 informal settlers.
Diana dela Torre, a 36-year old widow and mother of 3, tried to stop the demolition team. “Mamaya na ho kayo magsira, magliligpit lang kami ng gamit,” she pleaded.
The MMDA, however, went ahead. “Di kami pinapansin. Di nagpa-awat. Pinasok sa ilalim, parang mga gagamba sumampa sa itaas, nagsisira na,” dela Torre explained. “Masama ang loob ko, nagwawala ako, pero di sila nakikinig. Bumagsak ang kahoy, umiwas ako, pero sumagi sa anak ko kaya nasugatan.”
Dela Torre who work as scavenger said she is cleaning the sidewalk so that they will have a place to sleep. “Kahit walang bubong, may mahigaan lang. Yung mga gamit namin tinakpan ng plastic para di maulanan.”
She said they were surprised by the MMDA since there is supposedly a 1-month moratorium on demolition. “Na-shock na lang kami, biglang lumusob ang isang batalyon. Sana ay bigyan naman kami ng masisilungan. Kawawa yung mga bata, wala naman kaming ibang mapupuntahan. Masasayang ang pag-aaral ng mga bata.”
Under international human rights law, the practice of forced evictions is considered a gross violation of human rights, in particular the right to adequate housing. -30-
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118 Tel.: 4264119 / 4267615
http://www.flickr.com/photos/jlagman17
http://jlagman17.blogspot.com
** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE **
Group slams MMDA for violating moratorium on demolition
19 October 2007. An eviction watchdog has scored the continuing demolition drive by the Metropolitan Manila Development Authority (MMDA) despite a 1-month moratorium agreed upon at a recent hearing at the Senate Committee on Urban Planning, Housing and Resettlement.
The Urban Poor Associates (UPA), a housing rights non-government organization, said MMDA Chairman Bayani Fernando violated his promise to Senator Juan Miguel Zubiri and Senator Rodolfo Biazon to stop demolitions as it only render poor families homeless.
“The MMDA should change its name to Metro Manila Demolition Abuses. For this year alone, it has displaced thousands of poor families more than a major disaster can do,” said Ted Añana, deputy coordinator of UPA.
“Aside from doing unlawful demolitions, the MMDA has perfected its propaganda of lies against urban poor just to justify its inhumane actions. In fact, the MMDA wanted to get rid of all informal settlers but it has never relocated a single family contrary to its press statements,” Añana said. “Imagine this, without all this so-called eyesores, more than half of the population of Metro Manila will be homeless,” Añana added.
According to UPA, the impact of forced evictions is almost always severe for the victims. This can include physical and mental trauma, homelessness, loss of wealth and assets in the form of dwellings and personal goods, loss of livelihood or employment, declining standards of health and education, and the destruction of community bonds.
Some residents living along Estero Tripa de Gallina in Pasay City were hurt yesterday as the MMDA dismantled the homes of more than 100 informal settlers.
Diana dela Torre, a 36-year old widow and mother of 3, tried to stop the demolition team. “Mamaya na ho kayo magsira, magliligpit lang kami ng gamit,” she pleaded.
The MMDA, however, went ahead. “Di kami pinapansin. Di nagpa-awat. Pinasok sa ilalim, parang mga gagamba sumampa sa itaas, nagsisira na,” dela Torre explained. “Masama ang loob ko, nagwawala ako, pero di sila nakikinig. Bumagsak ang kahoy, umiwas ako, pero sumagi sa anak ko kaya nasugatan.”
Dela Torre who work as scavenger said she is cleaning the sidewalk so that they will have a place to sleep. “Kahit walang bubong, may mahigaan lang. Yung mga gamit namin tinakpan ng plastic para di maulanan.”
She said they were surprised by the MMDA since there is supposedly a 1-month moratorium on demolition. “Na-shock na lang kami, biglang lumusob ang isang batalyon. Sana ay bigyan naman kami ng masisilungan. Kawawa yung mga bata, wala naman kaming ibang mapupuntahan. Masasayang ang pag-aaral ng mga bata.”
Under international human rights law, the practice of forced evictions is considered a gross violation of human rights, in particular the right to adequate housing. -30-
Friday, June 29, 2007
Urban and rural poor dwellers under siege by demolition-freak government
The Urban Poor Associates (UPA) is a human rights non-government organization working to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.
UPA is concerned about reports of brutal forced evictions and unlawful demolitions happening in and out of the Metro, the latest of which killed a muslim in Baclaran and 9 tribesmen in Kalinga province.
UPA is concerned that these evictions breach both domestic and international human rights law.
Article XIII, Section 10 of the Philippine Constitution explicitly provides that "Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner."
The legal process intimated by Article XIII, Section 10 was in turn adopted through statute under Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992 (UDHA).
Section 28 of the provision states that "Eviction or demolition as a practice shall be discouraged." However, under certain circumstances evictions may be allowed, but must comply with eight mandatory requirements, including: "Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;" and " Adequate relocation".
Furthermore, Executive Order no. 152, issued on December 10, 2002, instructs all government officials to secure a Certificate of Compliance (COC) from the Presidential Commission for the Urban Poor (PCUP) to ensure that procedures for a just and humane demolition, as mandated by the Constitution and as set out in the UHDA are followed.
As a State Party to the International Covenant on Economic, Social and Cultural Rights, the Government of the Philippines is legally obliged to respect the right to adequate housing, including the prohibition on forced evictions, as guaranteed under Article 11(1).
According to General Comment No. 7 of the Committee on Economic, Social and Cultural Rights, which is mandated to monitor compliance with the Covenant, forced evictions can only be justified in very rare and exceptional circumstances and even then must occur in the context of specific procedural protections.
Furthermore, and in any event, forced eviction shall not result in rendering individuals homeless or vulnerable to the violation of other human rights.
Indeed, the Philippines is obligated to ensure that adequate alternative housing and compensation for all losses is made available to affected persons.
In terms of international human rights law, for forced evictions to be considered as lawful, they may only occur in very “exceptional circumstances” and “all feasible alternatives” must be explored. If and only if such “exceptional circumstances” exist and there are no feasible alternatives, can evictions be deemed justified. However, in those rare cases where eviction is considered justified, it must be carried out in strict compliance with international human rights law and in accordance with general principles of reasonableness and proportionality.
These include, inter alia:
۰ Genuine consultation with those affected;
۰ Adequate and reasonable notice for all affected persons prior to the scheduled date of eviction;
۰ Information on the proposed evictions, and where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected;
۰ Especially where groups of people are involved, government officials or their representatives to be present during an eviction;
۰ All persons carrying out the eviction to be properly identified;
۰ Evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise;
۰ Provision of legal remedies; and
۰ Provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.
Therefore, UPA urges the government to:
1. Immediately cease all forced evictions and reconsider any plan that would result in forced eviction;
2. Identify, in consultation with those affected, adequate alternative accommodation and relocation to all those rendered homeless by the recent forced evictions, and establish adequate mechanisms for compensation and other remedies to those previously evicted;
3. Order an impartial and independent inquiry into the violence and promptly make the findings public;
4. Ensure that all officials, government agencies and police personnel who are responsible for human rights violations, including the excessive use of force, or other cruel, inhuman or degrading treatment, are prosecuted;
5. Comply with treaty obligations incumbent upon the Philippines to submit a report to the Committee on Economic, Social and Cultural Rights, which the Philippine government has not done since 1995.
Thursday, May 31, 2007
MMDA illegal demolitions / violent forced evictions
MMDA continues creekside demolition in Quezon City
Solons tussle with MMDA demolition crew in Quezon City
QC Rep. Bingbong Crisologo at MMDA officer Bobby Esquivel, muntik nang mangpang-abot sa isang clearing operations
MMDA demolition of shanties starts
MMDA to continue demolitions on major roads
MMDA dismantles illegal structures in Quezon City
MMDA tears down signboards at a QC sidewalk
MMDA demolishes houses under bridge in QC
2 MMDA men hurt during Pasay clearing operations
Solons tussle with MMDA demolition crew in Quezon City
QC Rep. Bingbong Crisologo at MMDA officer Bobby Esquivel, muntik nang mangpang-abot sa isang clearing operations
MMDA demolition of shanties starts
MMDA to continue demolitions on major roads
MMDA dismantles illegal structures in Quezon City
MMDA tears down signboards at a QC sidewalk
MMDA demolishes houses under bridge in QC
2 MMDA men hurt during Pasay clearing operations
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