Urban Poor Nagpahayag Ng Suporta Sa Panukalang Ordinansa Para Sa Moratorium ng Demolisyon, Ebiksyon

Walang nagawa ang isang matandang babae na residente ng Old Sta Mesa kundi pagmasdan na lamang ang kanyang bahay habang ginigiba ng mga tauhan ng Metropolitan Manila Development Authority (MMDA) noong January 19, 2009.

** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE **

Urban Poor Nagpahayag Ng Suporta Sa Panukalang Ordinansa Para Sa Moratorium ng Demolisyon, Ebiksyon

2 February 2008 / Quezon City. Dahil sa mga sunud-sunod na banta ng mararahas at di- makataong demolisyon, lumapit ang iba’t ibang grupo ng maralitang tagalungsod sa Konseho ng Quezon City upang hilingin na magkaroon ng ordinansa na naglalayong magkaroon ng moratorium sa walang humpay na panggigiba na wala namang sapat na konsultasyon at maayos na relokasyon.

Kaugnay nito, nagpahayag ng suporta ang mga grupo ng maralitang tagalungsod sa panukalang magkaroon ng moratorium sa demolisyon habang dinidinig ang naturang ordinansa.

Nakatakdang dinggin bukas (February 3) ng Quezon City Council sa Carlos Albert Hall ang naturang ordinansa sa isang public hearing na pangungunahan ng Committee on Laws, Rules and Internal Government at ng Committee on Justice and Human Rights.

Bilang pagsuporta, ang public hearing ay dadaluhan ng iba’t ibang grupo ng urban poor sector kabilang ang mga non-government organizations tulad ng Urban Poor Associates (UPA), Community Organizers Multiversity (COM), Community Organization of the Philippines Enterprise (COPE), Sentro ng Alternatibong Lingap Panligal (SALIGAN) at Partnership of Philippine Support Agencies (PHILSSA).

Ang naturang ordinansa ay pagtugon sa rekomendasyon ng Commision on Human Rights (CHR) Resolution # A2008-052 na nag-aatas sa mga Local Government Units na magkaroon ng moratorium sa ebiksyon at demolisyon ng mga bahay ng maralitang tagalungsod upang pangalagaan ang karapatan sa disenteng tahanan ng mga ito.

“Ang naturang panukalang ordinansa ay hindi pangungunsinti sa mga informal settlers bagkus ay siyang magsisiguro sa makataong proseso katulad ng konsultasyon, sapat na relokasyon at iba pang mga pangangailangan na isinasaad sa Urban Development and Housing Act (UDHA),” ayon kay Veronica Magpantay, coordinator ng Riverside Coordinating Council ng Ugnayang Lakas ng mga Apektadong Pamilya sa Baybaying Ilog Pasig (RCC-ULAP), isang peoples’ organization.

“Ang karapatang pantao ng bawat nilalang ay hindi dapat nako-kompromiso sa interes lamang ng iilan bagkus sa interes dapat ng nakararami. Ang mga maralitang tagalungsod ay mga lehitimong Pilipinong walang sariling lupa sa kaniyang sariling bayan. Karapatan din nilang ipaglaban ang kanilang dignidad bilang tao,” sinabi ni Magpantay.

“Kung walang maralitang tagalungsod, walang mga manggagawa, taxi drivers, magbabantay ng mga kotse (parking attendant), mangangalahig ng basura at iba pa. Marami rin sa mga nagtatrabaho sa gubyerno ay galing sa maralitang tagalungsod. Wala bang utang na loob ang bansang ito?” dagdag pa ni Magpantay.

-30-

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-

Shanties near Buendia Avenue in Makati demolished

Clashes erupt at demolition at Pasay, Makati esteros




MMDA demolition affects 1,000 families




1,000 families evicted from Pasay, Makati esteros




MMDA continues demolition of houses along waterways




Mahigit 1,000 pamilya, apektado ng demolisyon ng MMDA




MMDA continues clearing, flood control operations




Mga bahay sa ilalim ng tulay pinagiba


‘Court orders not needed to tear down shanties along waterways’

Mga bahay sa estero ng Makati giniba

MMDA demolishes 60 shanties in Pasay, Makati

Tribesman sheds light on ‘Kalinga massacre’

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 *** NEWS RELEASE **

Tribesman sheds light on ‘Kalinga massacre’

1 July 2007. Breakfast is being prepared. As usual, people are farming, gardening and just trying to earn a living. It was 7:30 in the morning June 25 when all of a sudden residents saw people in white shirts backed by policemen who are armed with M203 rifles and B150 machine gun.

After surrounding the area, the demolition team torched two huts and that triggers the explosion of gasoline inside the house that led to a ‘massacre’ in Sitio Malapiat, Brgy. San Pascual, Rizal, Kalinga.

“May baril sila!” a policeman shouted while firing shots that wounded fellow policemen. In terror, residents fled everywhere and hide. But contrary to what police thought, the residents don’t have guns.

“Hindi kami lalaban,” a resident said as he surfaces. A police handcuffed the man then shot him dead. With the presence of Rizal Mayor Marcelo dela Cruz, policemen open fired at a house where Abok Tayaan and his wife were hiding. Shanties had been razed to the ground. When the smoke cleared, at least nine people lay dead including the Tayaan couple. At least 50 residents were wounded. The policemen were reinforced by a group of soldiers.

This is the real story, according to Solomon Inaw, a local tribesman. About 300 meters away from the bloody scene, Inaw stayed safe in a hut together with a woman, a child and an old man.

Residents started building huts in the area in 1986. Tribesmen claimed it was their ancestral land until the family of Vicente Madrigal came and turned it into hacienda. Tribesmen went to courts to fight for ownership of the land. It was declared public land by the Supreme Court in 2003. However, under the government’s land reform program, the disputed land is also being claimed by farmers who come from other provinces and who used to work with the Madrigal family.

After the first demolition in 2004, tribesmen went to Tabuk Regional Trial Court. Failing to secure a court order, Mayor dela Cruz asked the Sangguniang Bayan to make a resolution that will evict the residents. “Syempre yung lupa na iyan talagang fertile kaya gusto nilang okupaduhin. Tapos ang ginawa nila hindi pumunta sa korte kasi matatalo sila. Hindi makuha sa legal na paraan kaya gumamit ng karahasan at yung power niya sa pagka-Mayor,” Inaw said.

As of June 30, the dead who belongs to different tribes were already buried. Charges will also be filed against the policemen and the town mayor. “Maghihintay kami sa Korte at itatatag namin yung dokumento na talagang pag-aari namin itong lupa na ito,” Inaw added.

The Urban Poor Associates (UPA), a non-government organization working to promote and protect the right to adequate housing, expressed sadness over the incident and called on the government to order an impartial and independent inquiry into the violence and promptly make the findings public. “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,” the UPA said in a statement.

UPA also asked to immediately cease all forced evictions and 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. -30-

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.