Tuesday, December 05, 2006

2006 Housing Rights Awards Media Kit

COHRE MEDIA RELEASE

Nigeria, the Philippines and Greece Cited for Severe Human Rights Violations by Housing Rights Group

Nigeria, the Philippines and Greece, have been named as recipients of the 2006 Housing Rights Violator Awards by the Geneva-based Centre on Housing Rights and Evictions (COHRE), for their systematic violation of housing rights and continued failure to abide by their international legal obligations. At the same time, COHRE has presented seven courageous Chinese Human Rights activists with the 2006 Housing Rights Defender Awards.

Each year, COHRE bestows its Housing Rights Violator Awards on three governments or public institutions guilty of particularly serious housing rights violations in the preceding year. COHRE has issued it Violator Awards since 2002.

COHRE’s Executive Director (a.i), Jean du Plessis, said, “Although many governments continue to violate the right to adequate housing, in 2006 Nigeria, the Philippines and Greece stand out for their appalling disregard for this basic human right. The Nigerian Government has forcibly evicted more than two million people from their homes since 2000. Although the Nigerian Constitution affirms that: 'the State shall direct its policy towards ensuring...that suitable and adequate shelter...are provided for all citizens', the Federal Government has consistently neglected its responsibilities and violated its obligations under international law, including the African Charter on Human and Peoples’ Rights. These widespread and ongoing evictions in Nigeria have resulted in the massive displacement of millions of people, with a spiralling effect on health, education, employment and family cohesion.”

“The Government of the Philippines continues to evict hundreds of thousands of people in the name of ‘beautification’ and ‘development’, with the urban poor being the worst affected. More than 145,000 people (29,000 families) have already been evicted from their homes in Metro Manila and Bulacan province since early 2005 due to the rehabilitation of the Philippines National Railway system, referred to as the 'Northrail-Southrail Linkage Project.’ COHRE’s research reveals that most of the evictees have been moved to relocation sites where living conditions are appalling due to a lack of basic services such as potable water, electricity and sanitation facilities. The unsanitary conditions and an outbreak of dengue fever at the Southville relocation site in Cabuyao have claimed the lives of 12 infants and children this year. Forced evictions and demolitions are also being carried out in preparation for the 12th ASEAN Summit to be hosted by the Philippines next week. The evictions and demolition in Metro Cebu have left more than 3,000 people homeless since September 2006,” he said.

Du Plessis added, “Roma communities in Greece continue to face pervasive and persistent discrimination in access to housing. A majority of Roma in Greece live in extremely poor conditions - lacking access to basic services such as water and electricity - and frequently face segregation and forced eviction by local authorities. The conditions in which these communities live are dehumanising and constitute a grave human rights violation by the Government of Greece. It is completely unacceptable for a long-standing member of the European Union (EU) to allow such a situation to continue within its borders. What we are facing here is the blatant and deliberate exclusion of a particular group, creating a third world reality within a wealthy European State. The shacks of the Roma in Patras, Athens or Asproprygos are no different from those in slums in Nairobi or Manila. These evictions clearly indicate that the Greek government is not taking its international legal obligations seriously and is turning a blind eye to local governments' systematic abuse of the human rights of Roma in Greece.”
The Housing Rights Defender Award is presented annually by COHRE to an individual who has shown outstanding commitment to the realisation of housing rights for all people. For the first time since the inception of this award in 2003, it will be presented to a number of housing rights activists rather than a single person. The joint recipients of the 2006 Housing Rights Defender Award are: Fu Xiancai; Ma Yalian; Liu Zhengyou; Huang Weizhong; Chen Xiaoming; Xu Zhengqing; and Zheng Enchong.

Du Plessis, said, “These seven Chinese activists have displayed exemplary commitment, courage and perseverance in their struggles for the land and housing rights of hundreds of farmers, workers and residents in China. They are inspirational examples to every person, community and organisation working for the cause of human rights around the world. The Chinese Government is notoriously oppressive towards human rights activists. Land and housing rights violations including mass forced evictions are common, while legal remedies are scarce for those seeking to assert their rights. The work of these activists, undertaken at grave personal risk to them, their families and fellow activists, has played a catalytic role in bringing to light the unjust practices of the Chinese Government. COHRE is therefore honoured to present the 2006 Housing Rights Defender Award to: Fu Xiancai; Ma Yalian; Liu Zhengyou; Huang Weizhong; Chen Xiaoming; Xu Zhengqing; and Zheng Enchong for their fearless commitment to housing rights in an environment that is hostile to such ideals.”

COHRE’s Housing Rights Protector Award, presented annually to a government or other public institution demonstrating a truly exceptional commitment to the protection and promotion of housing rights, has not been awarded this year as there is no clear worthy candidate.

Du Plessis said, “Despite the widespread recognition of the human right to adequate housing in international law, violations continue to occur on a massive scale both in the developed and developing worlds. This year, COHRE could not identify a government or public institution that is worthy of recognition for its commitment to the protection and promotion of housing rights. There are good legislative, policy and implementation programmes underway in numerous countries, which do promote the cause of housing rights to some degree, but after careful consideration we came to the conclusion that none of these were sufficiently path-breaking to qualify as a convincing candidate for housing rights protector. The dearth of contenders for the 2006 Housing Rights Protector Award is a clear indicator that more convincing and dramatic examples of housing rights protection are needed to make a sustainable impact in successfully addressing the land and housing rights challenges facing countries today.”

A newly released COHRE report, Forced Evictions: Violations of Human Rights – Global Survey No. 10, reveals that nearly 2 million people in Africa and over 2.1 million people in Asia and the Pacific have been forcibly evicted from their homes since 2003. Furthermore, nearly 153,000 people in the Americas and over 16,000 people in Europe have been evicted from their homes in the same period.

“The most disturbing aspect of these numbers, is the fact that they are just a sample, based on our research of media reports, and evictions reported to COHRE either by affected persons or by members of our growing global network of partners in the struggle against forced evictions. The total given is merely the tip of the iceberg. The world is, clearly, in the midst of a housing rights and evictions crisis, caused by the fact that governments in both developed and developing countries are not taking their international legal obligations seriously,” said Du Plessis.”






COHRE/SERAC JOINT MEDIA RELEASE

Nigeria named a 2006 Housing Rights Violator for persistent, widespread forced evictions

Nigeria has been named one of three Housing Rights Violators in 2006, for its extensive record of government-sanctioned mass forced evictions and its ongoing disregard for the human right to adequate housing.

Each year, the Geneva-based Centre on Housing Rights and Evictions (COHRE) awards its Housing Rights Violator Awards to three governments guilty of particularly serious and pervasive housing rights violations in the preceding year. COHRE has issued its Violator Awards since 2002. This year, Nigeria shares the Violator Awards with the Philippines and Greece.

Jean du Plessis, COHRE’s Executive Director (a.i.), said, “More than two million people have been forcibly evicted in Nigeria since 2000. Although the Nigerian Constitution affirms that: 'the State shall direct its policy towards ensuring...that suitable and adequate shelter...are provided for all citizens', the Federal Government has consistently neglected its responsibilities and has violated its obligations under international law, including the African Charter on Human and Peoples’ Rights.”

A newly released COHRE report, Forced Evictions: Violations of Human Rights – Global Survey No. 10, reveals that 800,000 people have been forcibly evicted from their homes in the capital, Abuja, by the Federal Capital Development Authority (FCDA) since 2003. These evictions are an attempt by the Government to redress 30 years of deviations from the city's Master Plan, in which land has been misallocated or developed ‘improperly’. The Minister of the Federal Capital Territory, Mallam Nasir Ahmad El-Rufai, has ordered mass demolitions of businesses and homes, including over 49 informal settlements.

Felix Morka, Executive Director of the Social and Economic Rights Action Center (SERAC) in Lagos, said, “In the process of trying to ensure that Abuja is a safe, well-planned city, the Minister is creating chaos by increasing homelessness and unemployment, and by disrupting access to schools and health clinics for hundreds of thousands of people. The Minister's policy of unmitigated destruction is not merely illegal under international law; it is fundamentally counterproductive to the aims of the Master Plan."

To date, approximately 24 settlements in Abuja have already been demolished, while further demolitions are underway. Belatedly, the Minister has developed a relocation plan for evictees, but only a handful of those evicted have been able to access plots at relocation sites and even fewer have been able to afford to build new homes. Furthermore, the FCDA has not yet followed through on the Minister's promise to provide access to water, electricity, roads, schools and health clinics in the relocation sites.

Whereas in contrast to the relocation sites, the majority of the 49 settlements facing demolition do have access to boreholes, sanitation facilities, schools and health clinics, as the communities have worked closely with local area councils to develop the settlements over a number of years, and have often collectively raised funds and built facilities when government support was lacking. Hundreds of thousands of people, including civil servants, advocates, journalists, retail workers, taxi drivers, and people working in the informal sector, live in these informal settlements, due to a lack of affordable housing in the formal market.

COHRE’s Du Plessis said, "COHRE and SERAC urge President Obasanjo to ensure that the Minister halts all demolitions immediately. No further demolitions should be allowed until such time as an adequate relocation plan has been developed in full consultation with affected people, a detailed enumeration of affected people has been completed and made public, and adequate relocation sites with all relevant facilities have been prepared. If the FCDA finds, during this process, that it does not have the resources to adequately relocate all people, then it should instead focus its efforts on upgrading and regularising the current settlements."

According to COHRE’s Global Survey, a further 12,000 people have been forcibly evicted from their homes in Lagos since January 2005. COHRE’s earlier research also reveals numerous cases of forced evictions in previous years, including an eviction in Rainbow Town, Port Harcourt in 2000, in which some 1.2 million people were evicted from their homes without being provided with alternative housing or compensation.

Du Plessis also added, “These widespread and ongoing evictions in Nigeria have resulted in the massive displacement of millions of people, with a spiralling effect on health, education, employment and family cohesion. The Government of Nigeria should not allow forced evictions to be used as a tool of development. The lack of transparency and consultation with affected residents falls far short of Nigeria’s international legal obligations.”


















COHRE/UPA JOINT MEDIA RELEASE

The Philippines named a Housing Rights Violator for the forced eviction of hundreds of thousands

The Philippines has been named one of three Housing Rights Violators in 2006, for the forced eviction and mass displacement of hundreds of thousands of people, and its blatant disregard for the human right to adequate housing.

Each year, the Geneva-based Centre on Housing Rights and Evictions (COHRE) awards its Housing Rights Violator Awards to three governments guilty of particularly serious and pervasive housing rights violations in the preceding year. COHRE has issued its Violator Awards since 2002. This year, the Philippines shares the Violator Awards with Nigeria and Greece.

Jean du Plessis, COHRE’s Executive Director (a.i.), said, “Although the practice of forced eviction has been recognised as a gross violation of human rights, the Government of the Philippines continues to evict hundreds of thousands of people in the name of ‘beautification’ and ‘development’, with the urban poor being the worst affected. More than 145,000 people (29,000 families) have already been evicted from their homes in Metro Manila and Bulacan province since early 2005 due to the rehabilitation of the Philippines National Railway system, referred to as the 'Northrail-Southrail Linkage Project.’ COHRE’s research reveals that most of the evictees have been moved to relocation sites where living conditions are appalling due to a lack of basic services such as potable water, electricity and sanitation facilities. The unsanitary conditions and an outbreak of dengue fever at the Southville relocation site in Cabuyao have claimed the lives of 12 infants and children this year.”

A newly released COHRE report, Forced Evictions: Violations of Human Rights – Global Survey No. 10, reveals that the Northrail-Southrail Linkage Project will be responsible for the forced eviction of 400,000 people (80,000 families) – the largest planned displacement of people in the history of the Philippines.

Teodoro Añana, Deputy Coordinator of the Urban Poor Associates (UPA) in Manila, said, “Although housing rights are protected legally by both the Philippines’ Consitution and the Urban Development and Housing Act of 1992 (UDHA), the Government of the Philippines has used various intimidatory strategies to evict people, such as pressuring residents to relinquish their rights by signing waivers and then ‘voluntarily’ relocating them to sites that are not fit to be lived in.”

COHRE visited the Southville relocation site at Cabuyao, which is situated adjacent to a garbage dumpsite, in July this year. The garbage dump was still in operation at the time of COHRE’s visit but has recently been closed due to the efforts of local environmental group, Ecological Waste Coalition and the Archbishop of Manila, Gaudencio Cardinal Rosales. However, the dump continues to pose a severe health risk to residents of the Southville relocation site, as it contains highly toxic materials and contaminants. During heavy rains in August this year, floodwaters contaminated by runoff from the dumpsite flooded all the houses at the relocation site and took up to six hours to subside.

Forced evictions and demolitions are also being carried out in preparation for the 12th ASEAN Summit to be hosted by the Philippines in Metro Cebu next week. Nearly 210 people (42 families) were left homeless in September 2006 when police demolished their houses, situated in front of the Shangri-la Mactan Resort and Spa in Mactan Island, to make way for a parking lot to be used by Summit participants. More than 600 homes were also demolished in Mandaue City and Lapu-lapu City since September 2006, in preparation for the Summit. Of the 600 families (3,000 people) rendered homeless by these demolitions, only 100 families were moved to a temporary relocation site. The temporary relocation site has no basic services such as electricity and water.

UPA’s Añana said, “Large international conferences such as the ASEAN Summit are often accompanied by human rights violations, such as the forced eviction of whole communities in host cities. We were hoping that our country would prove the exception, and we therefore deplore these evictions in Metro Cebu.”

Du Plessis added, “Given the Philippines’ increasingly poor human rights reputation, both internationally and domestically, we call on the Government to take concrete steps to prevent any further housing rights violations. The basic human right to housing of the urban poor in the Philippines must be taken seriously by the Government. Economic progress should never be achieved at the expense of the human rights of Philippino society’s poorest and most vulnerable members.”







COHRE/GHM JOINT MEDIA RELEASE

Greece named a Housing Rights Violator for persistently violating rights of Roma communities to adequate housing

Greece has been named one of three Housing Rights Violators in 2006, for persistently violating the right to adequate housing of Roma.

Each year, the Geneva-based Centre on Housing Rights and Evictions (COHRE) awards its Housing Rights Violator Awards to three governments guilty of particularly serious and pervasive housing rights violations in the preceding year. COHRE has issued its Violator Awards since 2002. This year, Greece shares the Violator Awards with Nigeria and the Philippines. This is the first time that COHRE presents one of its Violator Awards to an EU country.

Jean du Plessis, COHRE’s Executive Director (a.i.), said, “Roma communities in Greece continue to face pervasive and persistent discrimination in access to housing. A majority of Roma in Greece live in extremely poor conditions - lacking access to basic services such as water and electricity - and Roma frequently face segregation and forced eviction by local authorities. The conditions in which these communities live are dehumanising and constitute a grave human rights violation by the Government of Greece. It is completely unacceptable for a long-standing member of the European Union to allow such a situation to continue within its borders. What we are facing here is the blatant and deliberate exclusion of a particular group, creating a third world reality within a wealthy European State. The shacks of the Roma in Patras, Athens or Asproprygos are no different from those in slums in Nairobi or Manila. These evictions clearly indicate that the Greek government is not taking its international legal obligations seriously and is turning a blind eye to local governments' systematic abuse of the human rights of Roma in Greece.”

A newly released COHRE report, Forced Evictions: Violations of Human Rights – Global Survey No. 10, reveals a pattern of forced eviction of Roma in Greece. Since the beginning of 2006, municipal authorities demolished 68 homes in Patras, leaving nearly 340 Roma homeless, and more families live under constant threat of eviction, as the Commissioner for Human Rights at the Council of Europe recorded during his field visit in September 2006. A further 10 Roma families (50 people) in Hania were rendered homeless when an inter-municipal “ecological” company demolished their homes without a court order and in their absence. Over 200 Roma households in the Votanikos district of Athens have been threatened with eviction to make way for the construction of a football stadium. Also, at least three Roma families of the Aghia Paraskevi community have been evicted, while another eight are under threat of eviction.

Panayote Dimitras, spokesperson for Greek Helsinki Monitor (GHM), said, “Greece continues to forcibly evict Roma families without providing adequate compensation and resettlement, despite two rulings of the European Committee of Social Rights in 2005 and 2006, which found Greek policies with respect to housing and accommodation of Roma clearly violated Article 16 of the European Social Charter. It is appalling that a particular ethnic minority – the Roma – are being frequently targeted for forced eviction, and that the Government of Greece has made no initiative to ensure that they have equal access to accommodation. It is even more disturbing that Greek authorities harass activists, judges and even international officials who defend Roma rights.”

COHRE’s Du Plessis, said, “It is shocking that Greece shamelessly disregards the decisions of the European Committee of Social Rights and other recommendations that have been issued by the United Nations, strongly urging the government to address the housing situation of the Roma and put a stop to its forced evictions policy.”

Du Plessis added, “Greece’s policy of forcibly evicting Roma communities in a bid to ‘beautify’ and ‘clean up’ the Greater Athens area is inhumane and in violation of international human rights law and the European Social Charter. There is absolutely no excuse for a developed and prosperous EU member state to behave in this racially discriminatory manner.”

Although the Government of Greece launched a number of programmes in the past decade to improve the housing conditions of Roma, a majority of them have been poorly implemented. After failing to implement most of the 1996 National Policy Framework for Greek Gypsies, the Government of Greece launched the Integrated Action Plan in 2001 to alleviate the challenges and hardships encountered by Roma. The 2001 plan was endowed with a budget of 308 million euros and was supposed to provide adequate housing for Roma in Greece. While 90 percent of the budget had been spent by early 2006, only a minimum amount was spent on facilities and basic services. In addition, the housing component was transformed into a large loan programme that has benefited few of the Roma living in informal settlements - as the loans were largely approved for persons in municipalities in which there are no Roma settlements.




COHRE MEDIA RELEASE

Seven Chinese housing rights activists honoured with prestigious international human rights award

Seven Chinese housing rights activists have been named joint recipients of the 2006 Housing Rights Defender Award, for their commitment to and struggle for housing rights in China.

The Housing Rights Defender Award is presented annually by the Geneva-based Centre on Housing Rights and Evictions (COHRE) to an individual who has shown outstanding commitment to the realisation of housing rights for all people. For the first time since the inception of COHRE’s Housing Rights Defender Award in 2003, the award will be presented to a number of housing rights activists instead of to a single person. The joint recipients of the 2006 Housing Rights Defender Award are: Fu Xiancai; Ma Yalian; Liu Zhengyou; Huang Weizhong; Chen Xiaoming; Xu Zhengqing; and Zheng Enchong.

COHRE’s Executive Director (a.i.), Jean du Plessis, said, “These seven Chinese activists have displayed exemplary commitment, courage and perseverance in their struggles for the land and housing rights of hundreds of farmers, workers and residents in China. They are inspirational examples to every person, community and organisation working for the cause of human rights around the world. The Chinese Government is notoriously oppressive towards human rights activists. Land and housing rights violations including mass forced evictions are common, while legal remedies are scarce for those seeking to assert their rights. The work of these activists - undertaken at grave personal risk to them, their families and fellow activists - has played a catalytic role in bringing to light the unjust practices of the Chinese Government. COHRE is therefore honoured to present the 2006 Housing Rights Defender Award to: Fu Xiancai; Ma Yalin; Liu Zhengyou; Huang Weizhong; Chen Xiaoming; Zu Zhengqing; and Zheng Enchong for their fearless commitment to housing rights in an environment that is hostile to such ideals.”

A newly released COHRE report, Forced Evictions: Violations of Human Rights – Global Survey No. 10, reveals that over 647,000 people have been forcibly evicted from their homes in China since 2003. Furthermore, the Ministry of Labour and Social Security recently reported that the Chinese Government had requisitioned land from 40 million farmers in the past decade, at the same time admitting a 20 per cent increase in cases of illegal land seizures in the first five months of 2006. The number of public protests has increased from 74 000 in 2004 to 87 000 in 2005, in spite of ongoing cases of police intimidation, arbitrary arrest, and torture of activists.

All seven activists have been subjected to ongoing intimidation, harassment and even beatings for their housing and land rights activities.

For example, Fu Xiancai, who has worked for a decade to obtain appropriate compensation for 1.3 million people forced to relocate from their land and houses due to the Three Gorges Dam Project, has been severely injured and nearly lost his life, as a result of his work. Fu was struck from behind with a heavy object by an unknown person on his way home from an interrogation by the Public Security Bureau (PSB) in June 2006. The assault destroyed three vertebrae in his neck and has left him paralysed from shoulders down. He lost control of all bodily functions except his ability to speak. Just weeks previously, Fu had given an interview to German public broadcaster ARD about the Three Gorges Dam Project and the plight of the affected communities.

Equally disturbing is the fact that the whereabouts of another of the Award recipients, Chen Xiaoming, is not known since he was arrested in February 2006 by police officers from Shanghai’s Luwan District PSB. Chen, who taught himself law in order to contest the government’s actions against the housing rights of the poor, was arrested for meeting with an American diplomat to discuss problems faced by evictees.

Zheng Enchong, a lawyer who advised victims of forced evictions in Shanghai, had his license to practice law revoked by Shanghai City authorities in 2001, after he had argued for amendments to Article 10 of the People’s Republic of China’s Constitution in order to offer better protection to the land and housing rights of inhabitants. Despite losing his formal license, Zheng continued to assist nearly 500 people who had been forcibly evicted from their homes and/or had failed to receive adequate compensation for their evictions. Zheng was sentenced to three years’ imprisonment in 2003 for advising a group of evicted Shanghai residents who were trying to bring a case alleging corruption against Zhou Zhengyi, a prominent Shanghai property developer. Upon Zheng’s release in June 2006, he was placed under de facto house arrest and continues to be subject to harassment.

Meanwhile, both Huang Weizhong and Xu Zhengqing are currently serving three-year prison sentences for their activism. Ma Yalian was sentenced to 18 months in a ‘Re-Education Through Labour' (RETL) camp for publishing an article on the Internet titled “A True Record of Being Turned Away from the National Petitioners and Letters Office and the Petitioners Bureau of the National People’s Congress,” and was released in August 2005 after serving her full term. Liu Zhengyou, who was arrested in June 2006 when he tried to board a flight to Geneva, Switzerland, to attend a human rights training session, and has been subjected to repeated beatings, threats and harassment by the police.

COHRE’s Du Plessis said, “The situation with respect to housing rights in China is desperate, with many millions of people having lost their homes and land over the past decade, in both cities and the rural areas. In spite of a highly oppressive environment, the seven recipients of the 2006 Housing Rights Defender Award have stood up for the rights of those affected, at great personal cost. In presenting this award to these seven people, COHRE recognises and honours their extraordinary courage, determination and dedication to the cause of housing rights.”














COHRE 2006 HOUSING RIGHTS AWARDS – Fact Sheets

2006 HOUSING RIGHTS VIOLATORS:

Nigeria, the Philippines and Greece

COHRE’s annual Housing Rights Violator Awards are presented to governments and other public institutions found to have committed persistent and unjustifiable housing rights violations during the preceding year, in clear contravention of international human rights law and related standards. The Housing Rights Violator Awards are designed to draw attention to some of the world’s worst housing rights abuses.

The recipients of the 2006 Housing Rights Violator Awards – the governments of Nigeria, the Philippines and Greece – are responsible for particularly egregious and pervasive housing rights violations over the past year. Although many countries fail to take their housing rights obligations seriously, COHRE has chosen these three Governments to highlight their particular disregard for the housing rights of those living within their borders.

Several international treaties, conventions and other standards, including the 1966 International Covenant on Economic, Social and Cultural Rights (ICESCR) and the 1948 Universal Declaration on Human Rights, recognise the right to adequate housing as a fundamental human right, to which all persons are entitled.

Despite widespread recognition of the right to adequate housing in international law, violations of the right continue to occur on a massive scale worldwide. Over one billion people live in inadequate housing and a further 100 million are homeless on any given night. Forced evictions render millions more homeless each year. The victims of eviction are almost always poor, and the impact on their lives is highly traumatic.

COHRE has two key aims in presenting its Housing Rights Violator Awards: to raise awareness of the human right to housing and the nature and scale of violations of this right, particularly in the awarded countries; and to engage award recipients in a constructive dialogue with COHRE and other civil society groups to ensure housing rights violations are addressed and the right to housing is in future respected, protected and fulfilled.







NIGERIA: Housing Rights Fact Sheet

The Government of Nigeria is consistently one of the worst violators of housing rights in the world, with over two million people forcibly evicted from their homes in different parts of the country since 2000. Although there have been numerous cases of forced evictions throughout the country in the past year, the most large-scale and egregious evictions have occurred in the Nigerian capital, Abuja, under the orders of the Minister of the Federal Capital Territory, Mallam Nasir Ahmad El-Rufai.

Since El-Rufai’s appointment as Minister by the President in 2003, the Federal Capital Development Authority (FCDA) has been carrying out mass forced evictions in Abuja in an attempt to re-initiate a Master Plan that was approved in 1979. The Plan was designed to guide the creation of the new capital and development of the capital territory until 2000. The Master Plan was developed when the Government decided to move the national capital from Lagos to Abuja. The aim of the Master Plan was to create an orderly capital as a solution to the chaotic, rapidly expanding Lagos. The Master Plan called for the resettlement of people living in traditional villages in the capital territory to neighbouring states. However, the Government never fully carried out the resettlement plan. Instead, those living on the land when the Federal Capital Territory (FCT) was created – generally termed ‘indigenes’ – were allowed to remain. These settlements have expanded in the past 30 years as indigenes allocated land or rented housing to non-indigenes who moved to Abuja for employment and were unable to access affordable formal housing. This resulted in the formation of extensive informal, unplanned and unauthorised settlements within the area designated for the capital city

The Land Use Act of 1978 vests all lands in the hands of the Government and does not allow for the private ownership of land by individuals or corporations. According to the Act, the Governor of each state has the power to allocate urban land, and local area councils have the power to allocate rural land. Individuals and private developers must apply for certificates of occupancy that will allow them to use the land for a certain period of time for a fee. In the case of the FCT, there is no Governor. Legally, the President of Nigeria is the only one with the authority to allocate land in the FCT, and the Minister of the FCT, who is a presidential appointment, carries this out on the President’s behalf.

The Land Use Act makes it illegal for indigenes to allocate land without prior government approval. However, this has seldom been enforced. Hundreds of thousands of people live in these informal settlements because they do not have access to affordable housing in the formal market within a reasonable distance to their place of employment.

Since El-Rufai’s appointment as Minister of the FCT in 2003, the FCDA has targeted over 49 such settlements in Abuja for demolition, arguing that land was zoned for other purposes under the Master Plan and, in some cases, has already been allocated to private developers. To date, these evictions have affected approximately 800,000 people, as estimated by local organisations. Although the FCDA argues that this number is inflated, they have not released their own figures from their enumerations of the informal settlements.

The FCDA has demolished homes, schools, clinics, churches, mosques, and businesses without adequate consultation with communities, and without providing adequate notice, compensation, or adequate resettlement. The evictions have resulted in the massive displacement of hundreds of thousands of people from entire communities with a spiralling effect on health, education, employment, and family cohesion. Some of the demolitions were accompanied by violence perpetuated by heavily armed security operatives towards residents and owners of businesses. Approximately 21-24 of the 49 targeted settlements in Abuja have been demolished by the FCDA in the past three years. Evictions commenced as early as 2003, but the most contentious demolitions began in late 2005 and have been ongoing.

The FCDA draws a distinction between indigene and non-indigene residents when carrying out evictions and demolitions. The demolitions have targeted homes in which non-indigenes live, regardless of whether the buildings were owned by indigenes or non-indigenes. The FCDA has not demolished homes in which indigenes live, except in some cases, where enumerations were not completed and indigene homes were destroyed as well.

The FCDA has a policy to provide full resettlement to indigenes, in keeping with the original intentions of the Master Plan. However, there is no such policy for non-indigenes living in Abuja. After a public outcry in late 2005, the Minister began discussions about evictions with a “human face.” Prior to this, many non-indigene residents were forcibly evicted before an enumeration process took place. Since late 2005, the FCDA has been attempting to enumerate non-indigenes before demolitions and has offered those affected with access to a plot of land in relocation sites that are currently under construction. However, non-indigenes must pay 21,000 Naira (approximately $ US 170) for administrative fees, and a further 600 Naira (approximately $ US 4.88) per square metre of land. Thus access to a 500 square metre plot would cost 321,000 Naira (approximately $ US 2,612). They would further be required to build a home based on certain planning standards within 2 years or lose their rights to the relocation plot. In a country where over 70 percent of the population lives under a dollar day, this is a difficult feat, particularly for those who have recently had their homes and possibly much of their property destroyed.


Further evictions in Nigeria

Lagos

More than 12,000 people have been forcibly evicted from their homes in Lagos since January 2005. The most recent of these evictions occurred in April 2006 when the State Task Force on Environment demolished over 300 homes at Ogunbiyi village in Ikeja, Lagos, leaving 3,000 people homeless. Some of the residents at Ogunbiyi were given five days notice, while others were given no warning at all. More than 1,000 people were evicted during the night of 6 December 2005 from publicly-owned apartment buildings in Lagos by police and military officers, as part of Nigeria’s policy of privatising public housing. Approximately 3000 residents of the slum community of Makoko were evicted in April 2005. The residents were not given prior notice of the planned evictions and were not provided with alternative housing or compensation for the destruction of their homes. The Federal Ministry of Housing and Urban Development demolished hundreds of homes in Aboru Abesan, Ikeja, rendering 6,000 people in January 2005.

Port Harcourt

The Rivers State Government began demolishing homes of the Agip Waterside Community in February 2005 leaving 5,000 – 10,000 people homeless. Most of those affected by the eviction were members of the Ogoni people. Residents were given insufficient notice and were not provided with alternative accommodation or compensation.

Some 1.2 million people were forcibly evicted by the Rivers State Government in July 2000 from Rainbow Town, Port Harcourt – a settlement dating from the 1960s. The State Government used land conflicts and purported illegal occupation as justification for the evictions and demolished settlements in the area to build modern housing units. To date the State Government has not provided alternative housing or compensation to the 1.2 million people who were rendered homeless.

International Legal Obligations

The African Commission on Human and Peoples’ Rights (African Commission) in a landmark decision on forced evictions in Nigeria in October 2001, found that the African Charter on Human and Peoples’ Rights guaranteed the right to adequate housing, including the prohibition on forced eviction (see SERAC and CESR v. Nigeria, ACHRP 2002). In this case, the African Commission incorporated the substance and jurisprudence of international human rights law on the prohibition of forced eviction into the implied right to adequate housing in the African Charter. However, this important decision has not yet been reflected in Nigerian jurisprudence or practice.

Under international human rights law, including the African Charter, which has been ratified by Nigeria, evictions can only be considered as lawful if they are deemed necessary in the most “exceptional circumstances.” If such “exceptional circumstances” exist, then certain procedural protections and due process requirements have to be adhered to, including that States must ensure, prior to any planned evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with affected persons. Furthermore, and in any event, eviction shall not result in rendering individuals homeless or vulnerable to the violation of other human rights. Governments are legally obligated to ensure that adequate alternative housing and compensation for all losses is made available to affected persons.


Nigeria: Facts at a glance


· The Government of Nigeria is one of the worst violators of housing rights in the world, with over two million people forcibly evicted from their homes since 2000.

· The Federal Capital Development Authority (FCDA) has forcibly evicted more than 800,000 people from their homes in Abuja since 2003.

· More than 12,000 people have been forcibly evicted from their homes in Lagos since January 2005.

· More evictions connected to the Government’s privatisation plans are expected in the near future in Lagos, and will likely affect another 20,000 people.

· The Rivers State Government began demolishing homes of the Agip Waterside Community in February 2005 leaving 5,000 – 10,000 people homeless. Residents were given insufficient notice and were not provided with alternative housing or compensation.

· The Rivers State Government forcibly evicted some 1.2 million people in July 2000 from Rainbow Town, Port Harcourt – a settlement dating from the 1960s. To date, the State Government has not provided alternative housing or compensation to those who were rendered homeless.

· Over 70% of the population of Nigeria live below $1 (PPP) a day, as reported by the United Nations MDGInfo 2006

· The most recent available census figures for Nigeria are from 1991. At that time, the Federal Capital City (FCC) had a population of 107,069 and the Federal Capital Territory had a population of 378,671. The FCT Minister and FCDA officials have stated publically that the FCT has a population of 6 or 7 million and that Abuja is the fastest growing city in the world. This is often used to justify demolitions, as the Master Plan intended a limit of 3.1 million persons in the FCC. However, there have been no official figures released to support these estimates of population size or growth rate.




THE PHILIPPINES: Housing Rights Fact Sheet

The Philippines continues to evict hundreds of thousands of people in its cities in the name of ‘beautification’ and ‘development’. Landless urban poor are the worst affected by forced evictions throughout the Philippines. Although housing rights are protected legally by both the Philippines’ Constitution and the Urban Development and Housing Act of 1992 (UDHA), the Government of the Philippines continues to use various strategies such as pressuring residents to relinquish these rights by signing waivers and then ‘voluntarily’ relocating them to sites that are not fit to be lived in.

The number of evictions in Metro Manila has increased significantly since 2005 due to the rehabilitation of the Philippines National Railway system referred to as the Northrail-Southrail Linkage Project. Most of those affected by this infrastructure ‘development’ project are informal settlers who have lived along the railway tracks for a few decades. Once completed, the Northrail-Southrail Linkage Project is expected to alleviate existing traffic congestion in Metro Manila, improve transport between the airports and seaports of the Manila-Clark-Subic economic triangle, and provide easy access to Central and Northern Luzon’s new economic growth areas. The Project will also be responsible for the forced eviction of 80,000 families (400,000 people) – the largest planned displacement of people in the history of the Philippines.

To date, nearly 29,000 families (145,000 people) have been moved (22,000 families from the Northrail tracks and 7,000 from the Southrail tracks) to several relocation sites far (approximately 40 km) from Metro Manila. COHRE’s research reveals that the living conditions at most of the relocations sites are appalling due to a lack of basic services such as potable water, electricity and sanitation facilities. Local NGOs in Manila report that most of the families who were moved from the Northrail tracks had to live in tents for several months at the relocation sites.

Under international human rights law and Philippines law those facing eviction have the right to consultation and adequate relocation. The site they are moved to must already have: potable water, electricity, sewerage facilities and an efficient solid waste disposable system and access to transportation facilities. It is also preferable that the relocation sites are situated in near-city and in-city areas close to the evictees’ sources of livelihood. However, the living conditions at several of the relocation sites clearly indicate that the Government of the Philippines has fallen far short of fulfilling its obligations to those who have been relocated due to the Northrail-Southrail Linkage Project.

COHRE’s research reveals that there have been numerous problems associated with the relocation process. These include: a lack of consultation with affected families; carrying out evictions and relocations before the sites are habitable; insufficient Government loans to affected families for the construction of homes; lack of livelihood opportunities for those who have been relocated because the sites are far away from Metro Manila; and situating one of the relocation sites adjacent to a mammoth garbage dump.

Under the relocation scheme, the Government provides each family with a loan (payable in 25- 30 years with 6 – 9 % interest per annum), which ranges from between US $ 500 to US $ 4000 per family. In many cases the loan is not sufficient to construct a house. Large numbers of houses visited by COHRE at the Southville relocation site in Cabuyao (home to 7,000 families) are incomplete with no roofs and dirt floors. Research shows that the distance between the relocation sites and the residents’ sources of livelihood in Metro Manila have caused severe hardship for many families. According to the Urban Poor Associates (UPA) more than 70 percent of families in Southville, Cabuyao, have a family member who works in Metro Manila. It also found that the incidence of hunger in the relocation sites was double that experienced by communities living adjacent to the railway tracks.

COHRE visited the Southville relocation site in Cabuyao, which is situated adjacent to a garbage dumpsite, in July this year. The garbage dump was still in operation at the time of COHRE’s visit but has been closed since. However, the dump continues to pose a severe health risk to residents of the Southville relocation site as it contains highly toxic materials and contaminants. During heavy rains in August this year, floodwaters contaminated by run off from the dumpsite flooded all the houses at the relocation site and took up to six hours to subside. According to Ecological Waste Coalition, residents of the Southville relocation site are exposed to ‘high levels of contaminants that are released through dump fires, landfill gas migration and surface and underground leachate migration.’ Six infants from the Southville relocation site have died this year of pneumonia, sepsis and diarrhoea. Six children also died from a dengue outbreak at the site last month, with a further 18 being infected with the virus due to the serious health hazards posed by the dumpsite, and lack of safe drinking water and poor drainage facilities and sanitation.

Forced evictions and demolitions of homes have also been carried out in preparation for the 12th ASEAN Summit to be held in Metro Cebu, next week. Forty two (210 people) families were left homeless when their houses situated at the front of the Shangri-la Mactan Island Resort and Spa in Mactan Island, were demolished by the police in late September. The cleared land will be used as a parking lot for Summit participants. Reports indicate the demolitions were violent with police using water cannons and truncheons to disperse the barricade put up by those trying to resist the demolitions. Scores were hurt, including women and children and 12 were arrested and detained during the demolitions. More than 600 homes were also demolished in Mandaue City and Lapu-lapu City since September 2006, in preparation for the Summit. Of the 600 families (3,000 people) rendered homeless by these demolitions, only 100 families were moved to a temporary relocation site. The temporary relocation site has no basic services such as electricity and water. These evictions clearly reveal that large international conferences such as the ASEAN Summit are almost always accompanied by human rights violations such as the forced eviction of whole communities in host cities.


The Philippines: Facts at a glance

· The Government of the Philippines is in violation of the International Covenant on Economic, Social and Cultural Rights (Article 11), the Constitution of the Philippines (Article XIII, Section 10) and the Urban Development and Housing Act of 1992 (Section 28).

· The Northrail-Southrail Linkage Project will be responsible for the forced eviction and displacement of 80,000 families (400,000 people) – the largest planned displacement in the history of the Philippines.

· To date, nearly 29,000 families (145,000 people) have been moved (22,000 families from the Northrail tracks and 7,000 from the Southrail tracks) to several relocation sites far (approximately 40 km) from Metro Manila. COHRE’s research reveals that the living conditions at most of the relocations sites are appalling due to a lack of potable water, electricity and sanitation facilities.

· Large numbers of houses visited by COHRE in July at the Southville relocation site in Cabuyao (home to 7,000 families) are incomplete with no roofs and dirt floors. Research shows that the distance (approximately 30 – 40 km) between the relocation sites and the residents’ sources of livelihood in Metro Manila have caused severe hardship for many families.

· According to the Urban Poor Associates (UPA) more than 70 percent of families in Southville, Cabuyao, have a family member who works in Metro Manila. It also found that the incidence of hunger in the relocation sites was double that experienced by communities living adjacent to the railway tracks.

· Six infants from the Southville relocation site have died this year of pneumonia, sepsis and diarrhoea. Six children also died from a dengue outbreak at the site last month, with a further 18 being infected with the virus due to the serious health hazards posed by a nearby garbage dumpsite and lack of safe drinking water and poor drainage and sanitation facilities.

· Forty two families (210 people) were left homeless when their houses situated at the front of the Shangri-la Mactan Island Resport and Spa in Mactan Island, were demolished by the police in preparation for the 12th ASEAN Summit to be held next week.

· More than 600 homes were also demolished in Mandaue City and Lapu-lapu City since September 2006, in preparation for the Summit. Of the 600 families (3,000 people) rendered homeless by these demolitions, only 100 families were moved to a temporary relocation site. The temporary relocation site has no basic services such as electricity and water.






GREECE: Housing Rights Fact Sheet

The Government of Greece has continuously failed to curtail ongoing widespread anti-Romani abuses by local authorities, particularly in the area of housing. Roma in Greece continue to face pervasive and persistent discrimination in access to housing. A majority of Roma in Greece live in extremely poor living conditions lacking access to basic services such as water and electricity, and frequently face segregation and forced eviction by local authorities.

According to data from the Greek Police, between 1 January 1996 and 30 June 2006, police officers took part in 79 forced evictions of Roma ordered by courts (and many more without court orders), and lodged 323 lawsuits against Roma for illegal settlements under the Sanitary Regulations. While authorities are meant to provide some form of alternative accommodation under this law, it rarely occurs and no criminal proceedings have ever been brought against any local authority for failure to provide such suitable accommodation.

Greece continues to forcibly evict Roma families without providing adequate compensation and resettlement despite two rulings of the European Committee of Social Rights in 2005 and 2006, which found Greek policies with respect to housing and accommodation of Roma to clearly violate Article 16 of the European Social Charter. These rulings are among the first in Roma rights to find an entire field of policy and practice by a European government illegal.

Since the beginning of 2006, municipal authorities demolished 68 homes in Patras, leaving nearly 340 Roma homeless. A further 10 Roma families (50 people) in Hania were rendered homeless when an inter-municipal “ecological” company demolished their homes without a court order in their absence. In addition, over 200 Roma households in the Votanikos district of Athens have been threatened with eviction to make way for the construction of a football stadium. Also, at least three Roma families of the Roma community of Aghia Paraskevi have been evicted, while another eight are under threat of eviction.

Patras municipal authorities carried out a “cleaning operation” in August 2004 against Albanian Roma living in Riganokampos, on a plot of land belonging to the University of Patras. The Municipality offered compensation to two Greek Roma families to transfer their sheds to a neighbouring plot of land. However, no such arrangements were made for the 35 Albanian Roma families, a majority of whom were away from their homes for seasonal agricultural work in other parts of Greece. Thus, the Albanian Roma families were forcibly evicted without adequate compensation or notice.

Forty Greek Roma families and 20 Albanian Roma families (with legal residency status in Greece) in the area of Marousi (Greater Athens) were forcibly evicted from their homes in 2002, to make way for the construction of facilities for the 2004 Athens Olympic Games, without being provided with effective adequate compensation or resettlement.

Although the Government of Greece launched a number of programmes in the past decade to improve the housing conditions of Roma, a majority of them have been poorly implemented. After failing to implement most of the 1996 National Policy Framework for Greek Gypsies, the Government of Greece launched the Integrated Action Plan in 2001 to tackle issues and hardships encountered by Roma. The 2001 plan was endowed with a budget of 308 million euros and was to provide adequate housing for Roma in Greece. This included 100 new organised Roma settlements with 4,000 new homes, the improvement of 1,100 existing homes, 60 camping sites for itinerant Roma and approximately 80-100 social support centres for Roma. While 90 percent of the budget had been spent by early 2006, only a minimal amount was spent on services, and the housing component was instead transformed into a large loan programme that has benefited few of the informal settlements.

Reports indicate that housing loans were given to persons not living in settlements and seemingly even those who do not identify as Roma. The loans were largely taken up in municipalities where there are no Roma settlements, while there were very few loan approvals in municipalities that were home to settlements with appalling living conditions (such as the Municipality of Attica). Furthermore, no social medical centres were established in sizable and destitute settlements in Aspropyrgos – Attica, or Palatanaki – Lamia.


Greece: Facts at a glance

· There are approximately 300,000 individuals of Roma origin living in Greece. Tent dwellers account for a large number of Roma who live in some 52 improvised and dangerous encampments throughout Greek territory.

· A study by the Public Urban Planning and Housing Enterprise (DEPOS) of Greece in 1999 revealed that 38 percent of Roma lived in sheds and tents, while the remainder lived in poorly built ‘houses.’

· According to data from the Greek Police, between 1 January 1996 and 30 June 2006, police officers took part in 79 forced evictions of Roma ordered by courts (and many more without court orders), and lodged 323 lawsuits against Roma for illegal settlements under the Sanitary Regulations.

· Since the beginning of 2006, municipal authorities demolished 68 homes in Patras, leaving nearly 340 Roma homeless. A further 10 Roma families (50 people) were rendered homeless when an inter-municipal “ecological” company demolished their homes without a court order in their absence.

· At present, over 200 Roma households in the Votanikos district of Athens are threatened with eviction to make way for the construction of a football stadium.

· Forty Greek Roma families and 20 Albanian Roma families (with legal residency status in Greece) in the area of Marousi (Greater Athens) were forcibly evicted from their homes in 2002, to make way for the construction of facilities for the 2004 Athens Olympic Games, without being provided with adequate compensation or resettlement.






COHRE 2006 HOUSING RIGHTS DEFENDER AWARD – FACT SHEET

Seven Chinese Housing Rights Activists

COHRE’s Housing Rights Defender Award is presented annually to an individual who has shown outstanding commitment to the realisation of the housing rights for all people. Nominees for the award must be committed to non-violence and independent of any governmental affiliation.

For the first time since the inception of COHRE’s Housing Rights Defender Award in 2003, it will be presented to a number of housing rights activists instead of to a single person. The recipients of the 2006 Housing Rights Defender Award are: Fu Xiancai; Ma Yalian; Liu Zhengyou; Huang Weizhong; Chen Xiaoming; Xu Zhengqing; and Zheng Enchong.

These seven Chinese human rights activists have been campaigning for decades for the housing rights of hundreds of thousands of Chinese farmers and residents who have been forcibly evicted from their homes. The recipients of the 2006 Housing Rights Defender Award have been working tirelessly for many years in China - an environment where mass housing rights violations are common and legal remedies scarce for those seeking to prevent forced evictions and assert their housing rights.

Fu Xiancai, is an activist who has worked tirelessly to obtain appropriate compensation for 1.3 million people forced to relocate after the commencement of the Three Gorges Dam Project in 1997. Fu wrote 50 complaints and travelled 15 times to Beijing to persuade local authorities to compensate those affected by the construction of the dam. He even took his lobbying to the international level by sending a petition signed by 650 villagers to relevant United Nations bodies in the hope that the international community would assist them in obtaining appropriate compensation.

Fu and his family were subjected to repeated harassment, threats, assaults and injuries by criminal elements connected to local authorities since April 2005. Fu gave an interview to German public broadcaster ARD in May 2006 about Beijing’s failure to compensate 1.3 million people forced to relocate due to the Three Gorges Dam Project. Fu was called in for questioning a few weeks later by Wang Xiankui, squad leader of the Zigui County Public Security Bureau (PSB). Fu was questioned about the interview with Das Erste and warned that this kind of “oppositionist” view “would not have good consequences” for him and his family.

Fu’s tireless efforts as a housing rights activist were halted in June 2006 when he was struck from behind with a heavy object by an unknown person on his way home from the PSB interrogation session. The attack destroyed three vertebrae in his neck and left him paralysed from shoulders down. He lost control of all bodily functions except his ability to speak. An investigation, carried out by the same PSB which questioned and harassed Fu, claimed that several nationally recognised forensic pathologists had concluded that his injuries were self-inflicted. The police reportedly told Fu not to appeal this decision.

Ma Yalian began her activism when she became a victim of forced eviction due to a redevelopment plan in Shanghai. Ma was sentenced to spend a year at a Re-Education Through Labour (RETL) camp in August 2001 for her repeated complaints to authorities, and open criticism of the Chinese Petitioning System. While at the camp, Ma was beaten so badly that both her legs were broken, leaving her disabled. Upon her release, Ma continued her activism and was arrested in 2004 for her role in petitioning the government to address grievances involving forced evictions. Following this incident, she published an article on the Internet titled “A True Record of Being Turned Away from the National Petitions and Letters Office and the Petitions Bureau of the National People’s Congress.” Ma’s article provided an eyewitness account of ill treatment of petitioners by police and civil servants in front of the main entrance of the Petitions Office in Beijing. As a result of this article, the Re-Education Through Labour Management Committee sentenced her to 18 months in a RETL camp for “disturbing social order and security.” Ma was released in August 2005 after serving her full term.

Liu Zhengyou has been an activist and petitioner in Hongqi Township of Zigong City since 1993. Liu has been actively petitioning on behalf of 30,000 farmers who were displaced during a landgrab by local officials in 1993 for the construction of a “New High Tech Development Zone.” The farmers, led by Liu, have continued to petition against local officials for having received neither compensation nor resettlement. Despite using every available avenue of potential redress in the past 13 years – six attempts to file lawsuits, four appeals against courts’ refusal to hear the case, and one petition to higher levels to have the refusals reviewed – the displaced farmers led by Liu have not had any success in having their grievances heard. Liu has been subject to beatings, harassment and threats by the Chinese authorities for his activism. Liu was arrested in June 2006 when he tried to board a flight to Geneva, Switzerland, to attend human rights training session offered by the International Service for Human Rights (ISHR).

Huang Weizhong has represented hundreds of farmers in petitions against low levels of compensation for farmland expropriated in the villages of Chengxiang District, Putian City in 2003. Local authorities requisitioned land in 10 villages, affecting more than 10,000 farmers. The villagers were compensated at 2,900 Yuan per mu of expropriated land, and then sold it to luxury residential developers for 92,800 Yuan per mu. Huang used all available avenues including administrative review, administrative litigation and petitioning to appeal against the low levels of compensation, but was unable to find effective redress at the local provincial or Supreme courts. Huang was found guilty of “gathering crowds to disturb public order” in May 2006 after he went to Beijing to represent approximately 660 farmers on their appeals against low levels of compensation. He was sentenced to three years in prison and is currently appealing his conviction.

Chen Xiaoming became a housing rights activist when his house was expropriated in the Xuhui District of Shanghai in 1994. As a result of this, Chen quit his job and taught himself Chinese law to contest the government’s actions against the housing rights of the poor. He successfully sued the government in 1995 using Administrative Procedure Law. Chen has used his knowledge and experience to help victims of forced evictions get redress by documenting their cases, testing and building state legal procedures, writing letters to the Chinese authorities and putting government violations of people’s rights under accountability through admissive lawsuits. Chen’s current whereabouts are not known since he was arrested in February 2006 by police officers from Shanghai’s Luwan District PSB. He was arrested for meeting with an American diplomat to discuss problems faced by evictees.

Xu Zhengqing is a long time anti-government activist and petitioner for residents’ rights. Xu became a victim of forced eviction when the government expropriated his home without compensation. Xu has represented his own case and those of more than 500 other victims of forced evictions in numerous appeals and as a result, been subjected to detentions, beatings and harassment by the police. Xu was arrested in January 2005 while boarding a bus heading to Beijing. Xu and 20 other petitioners were informed by the police that the bus was broken and was asked to disembark before he could pay the fare. Xu was detained for seven months before he was sentenced to three years in prison in September 2005 for causing “serious” disruption of public order by failing to pay a bus fare and creating congestion in the corridor of a train.

Zheng Enchong, is a lawyer who advised victims of forced evictions in Shanghai. Zheng had his license to practice law revoked by Shanghai City authorities in 2001 after he argued it was necessary to amend Article 10 of the People’s Republic of China’s Constitution, which stated that “The state may in the public interest take over land for its use in accordance with the law” from collective owners. Despite the loss of his license, Zheng continued to provide legal advice to nearly 500 people who had been forcibly evicted from their homes and/or had failed to receive adequate compensation for their evictions. Zheng was sentenced to three years’ imprisonment in 2003 for advising a group of evicted Shanghai residents who tried to bring a case alleging corruption against Zhou Zhengyi, a prominent Shanghai property developer. Upon Zheng’s release in June 2006, he was placed under de facto house arrest and continues to be subjected to harassment.





Organisational Profile: Centre on Housing Rights and Evictions (COHRE)


The Centre on Housing Rights and Evictions is an independent international human rights organisation dedicated to securing economic, social and cultural rights, with a special focus on housing. COHRE’s work concentrates on preventing planned forced evictions and creating conditions in which people all over the world can enjoy access to safe, affordable and secure housing.

COHRE was founded in 1994 and now has some 60 staff members working from offices in Accra (Ghana), Colombo (Sri Lanka), Duluth (USA), Geneva (Switzerland), Melbourne (Australia) and Porto Alegre (Brazil).

In it twelve years of existence, COHRE has played a principal role in addressing eviction issues, land and housing rights in dozens of countries. COHRE works closely with key civil society organistions around the world and has assisted in halting numerous forced evictions, which if carried out would have added several million people to the world’s homeless population. COHRE has been instrumental in reshaping international law standards on evictions issues and housing rights, through the adoption of over 50 new international standards on these issues.

COHRE has contributed to the establishment of major institutions such as the United Nations (UN) Housing Rights Programme, the Housing and Property Directorate in Kosovo, the Commission on Land, Housing and Property Rights in Sri Lanka and many others. COHRE has consultative status with the Economic, and Social Council of the UN and consultative status with the Council of Europe (COE) and the Organisation of American States (OAS).

Since 1994 COHRE has received generous financial support from the Ford Foundation, the Swedish International Development Agency (SIDA), the UK Department for International Development (DFID), the Netherlands Ministry of Foreign Affairs, Canadian International Development Agency (CIDA), the Swedish NGO Foundation for Human Rights, the Finnish Ministry of Foreign Affairs, the United National Trust Fund in support of Actions to Eliminate Violence Against Women (UNIFEM), Netherlands Ministry of Housing (VROM), CordAid (Netherlands), Misereor (Germany), the Swiss Development Corporation (SDC), the Swiss Ministry of Foreign Affairs and others.


www.cohre.org

Philippines, Nigeria and Greece: 2006 worst housing rights violators

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118 Tel.: 4264119 / 4267615

Ref: John Francis M. Lagman http://jlagman17.blogspot.com
** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE **

Philippines, Nigeria and Greece: 2006 worst housing rights violators

In a press conference held today December 5, 9:00 AM (4:00 P.M. Philippine time) at the United Nations Headquarters in Geneva, Switzerland, the Center on Housing Rights and Evictions (COHRE), a prestigious international housing rights NGO, named Nigeria, Philippines and Greece as recipients of the group's 2006 Housing Rights Violator Awards. It accused the recipients of severe human rights violations for systematically violating housing rights and continued failure to abide by local and international legal obligations.

“Although many governments continue to violate the right to adequate housing, in 2006 Nigeria, Philippines and Greece stand out for their appalling disregard for this basic human right,” COHRE Executive Director Jean du Plessis said in a statement.

“The Nigerian Government has forcibly evicted more than two million people from their homes since 2000. Although the Nigerian Constitution affirms that: 'the State shall direct its policy towards ensuring...that suitable and adequate shelter...are provided for all citizens', the Federal Government has consistently neglected its responsibilities and violated its obligations under international law, including the African Charter on Human and Peoples’ Rights,” he said.

In Greece, Roma (at times called gypsies) communities continue to face pervasive and persistent discrimination in access to housing. A majority of Roma in Greece live in extremely poor conditions - lacking access to basic services such as water and electricity - and frequently face segregation and forced eviction by local authorities, he said.

“It is completely unacceptable for a long-standing member of the European Union (EU) to allow such a situation to continue within its borders. What we are facing here is the blatant and deliberate exclusion of a particular group, creating a third world reality within a wealthy European State. The shacks of the Roma in Patras, Athens or Asproprygos are no different from those in slums in Nairobi or Manila,” he said.

In the Philippines, more than 145,000 people (29,000 families) have already been evicted from their homes in Metro Manila and Bulacan province since early 2005 due to the rehabilitation of the Philippine National Railway system referred to as the 'Northrail-Southrail Linkage Project.’, he said.

“COHRE’s research reveals that most of the evictees have been moved to relocation sites where living conditions are appalling due to a lack of basic services such as potable water, electricity and sanitation facilities. The unsanitary conditions and an outbreak of dengue fever at the Southville relocation site in Cabuyao have claimed the lives of 12 infants and children this year. Forced evictions and demolitions are also being carried out in preparation for the 12th ASEAN Summit to be hosted by the Philippines next week. The evictions and demolition in Metro Cebu have left more than 3,000 people homeless since September 2006.”

Three Catholic Bishops, including Manila Archbishop Gaudencio Cardinal Rosales, have criticized the government’s eviction practices along the railroad, according to the Urban Poor Associates (UPA). -30-

COHRE and Urban Poor Associates (UPA) will hold a joint media conference:

What: the Philippine Government, recipient of 2006 Worst Housing Rights Violator

When: December 6, 2006 (Wednesday), 10:00 AM

Where: Newsdesk Café,# 8 Scout Madriñan corner Scout Tobias Streets, South Triangle, Quezon City

Wednesday, November 29, 2006

2006 Housing Rights Awards – Media Conference

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Tel.: 4264118 / 4264119 / 4267615 Fax: 4264118
Ref: John Francis M. Lagman
http://flickr.com/photos/jlagman17

­­­­­­­­­­­­­­-------------------------------------------------------------------------
Attention: News Editor, News Desk, Reporters and Photojournalists

MEDIA ADVISORY

2006 Housing Rights Awards – Media Conference

The Urban Poor Associates (UPA) and the Geneva-based Centre on Housing Rights and Evictions (COHRE) requests your presence at a joint media conference to be held at the Newsdesk Café on Wednesday, December 6 (10:00 AM). It will coincide with COHRE’s announcement of the 2006 Housing Rights Awards at the Palais de Nations, the European headquarters of the United Nations in Geneva, Switzerland.

COHRE, an international human rights organization, presents its Housing Rights Awards annually to focus attention on ongoing violations of the human right to housing, commend efforts of government and public institutions that respect and protect housing rights, and honour individuals who have shown exemplary commitment to the struggle for housing rights for everyone, everywhere.

The Housing Rights Awards are made up of the following separate awards:
· Housing Rights Protector Award, which is presented to a government or other institution that has demonstrated an exceptional commitment to respecting or protecting housing rights.
· Housing Rights Defender Award, which is presented to an individual who has shown outstanding commitment to the defense of housing rights.
· Housing Rights Violator Awards, which are presented to three governments and/or other institutions that have committed clear housing rights violations at any time during the previous year, or earlier, in clear contravention of international human rights law and related housing rights standards.

PHOTO OPS: Huge mocked up Kalabasa trophy for Housing Rights Violator awardees

Venue: Newsdesk Café
# 8 Scout Madriñan corner Scout Tobias Streets, South Triangle, Quezon City

Date: December 6, 2006 (Wednesday)

Time: 10:00 AM

Wednesday, November 22, 2006

Illegal demolition in Quiapo to displace another 50 families

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118 Tel.: 4264119 / 4267615

Ref: John Francis M. Lagman
http://www.flickr.com/photos/jlagman17
.............................................................................................................................
** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE **

For Immediate Release November 22, 2006

Illegal demolition in Quiapo to displace another 50 families

Some 50 houses under the Quezon Bridge of Barangay 384 in Quiapo, Manila were demolished today by the engineering office of Manila City Hall, rendering the evicted families homeless and facing a bleak Christmas.

The demolition took place at 10:00 AM today, catching the residents by surprise since more than a week ago they had talked to the mayor and officials at the city engineering office who promised to give them a three week extension. People say they felt betrayed.

Cesar Tan, a leader from the Social Services of Quiapo Church, accused personnel from the Manila City Hall of ordering the alleged illegal demolition of their houses, many of which had been erected for more than 50 years.

Tan said the demolition came without a 30-day notice as required by the Urban Development and Housing Act (UDHA).

Through a dialogue with Mayor Lito Atienza last November 13, the residents pleaded that their home be spared until a relocation site is given but their appeal went unheeded. They also worry about their displacement from their livelihood and children’s school.

Atty. Christine Anne Marie R. Alcazar of the Presidential Commission for the Urban Poor (PCUP) issued a certification dated November 9, 2006 saying that the Local Government of Manila has not applied for a Certificate of Compliance for the October 22, 2006 demolition of the houses of some 52 families at Oscaris Street, near Quinta Market and for today’s demolition of some 50 families under the Quezon Bridge.

Frantic residents called the Mayor who ordered a temporary suspension of the demolition activity. They told him City Hall did not observe its own promise of three weeks extension and it also does not have a certificate of compliance from the PCUP as required by Executive No. 152 of President Gloria Macapagal Arroyo.

“In the near future in many parts of the country we may see thousands of poor families huddled along our streets, surrounded by the few pieces of furniture and clothes they managed to save when their homes were demolished. It will seem a major natural disaster has taken place. This will happen if every local government will no longer provide relocation for the poor families it evicts,” said the Urban Poor Associates, a non-government organization working with urban poor issues. -30-


If you require further information please contact Cesar at 0919-8333423 or 734-6830.

Thursday, November 09, 2006

Dengue outbreak in Southville, a man-made disaster

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118 Tel.: 4264119 / 4267615

Ref: John Francis M. Lagman
http://www.flickr.com/photos/jlagman17
........................................................................................................................
** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE ***

Dengue outbreak in Southville, a man-made disaster

9 November 2006, Quezon City. “The dengue outbreak could have been prevented if the Department of Health (DOH) and the National Housing Authority (NHA) had responded to letters from Church, environmental and social justice groups who urged them to dispatch medical and environmental sanitation teams to the relocation site in Cabuyao, Laguna,” said the Urban Poor Associates (UPA).

Last September 8, to prevent an emerging health crisis, at least 17 non-government organizations requested DOH Secretary Francisco T. Duque to seriously look into the water, drainage, electricity and indoor pollution issues in Southville, which, if adequately resolved, would tremendously improve the environmental health conditions of the residents.

“We are writing with urgency to appeal to the Department of Health (DOH) to immediately deploy medical and environmental sanitation teams to the Southville Housing Project in Cabuyao, Laguna in light of the reported occurrence of skin diseases, diarrhea and other ailments among some of the relocated railway dwellers purportedly due to the poor environmental health conditions in the area,” the letter read.

“Consistent with the Department’s mandate of ensuring accessible and quality health care services to all Filipinos, especially the poor, we urge the DOH, in coordination with the Municipal Government of Cabuyao and other concerned agencies, to speedily and effectively respond to the health needs of the relocatees. Specifically, we ask the DOH to send medical and environmental sanitation teams to the Southville Housing Project on a regular basis or until the local authorities have fully taken on this responsibility,” the letter added.

Also on September 8 for the occasion of the blessed Virgin Mary’s birth anniversary San Pablo Bishop Leo M. Drona issued a Pastoral Statement entitled “From danger zone to death zone” regarding the Southville Housing Project. “They came from the danger zone for we fully know what is life in a ‘home along da riles’ but their life in the relocation site in Southville, Cabuyao is may become a ‘death zone’ if not properly and adequately attended to,” Bishop Drona said.

Bishop Drona urged the national and local governments specifically the Housing and Urban Development Coordinating Council (HUDCC) Chair and Vice President Noli de Castro to address immediately the basic needs of the relocatees such as potable water, electricity, provisions for proper disposal of waste and health centers. “The Social Action Office which I commissioned to look after the condition of relocates alleged that six children had already died. Living near dumps is kin to thrashing their hope for a humane and secured future,” the pastoral letter read.

To date, at least five children have already succumbed to dengue, according to the Urban Poor Southville Association Incorporated (UPSAI). The five children who died are the following: Jean Claire Mortera, 12 years old; Jethro Sotto Santos, 3 years old; Alexandra Politico, 1 ½ year old; Kayla Buiza, 3 years old; and Alexandra Kristel Buiza, 5 years old. Some 18 children were confirmed infected but survived the disease, but on November 8 another two children were confirmed positive with dengue.

As early as September, after one child died of dengue, UPSAI tried several times to bring the issue of increasing number of dengue cases to the attention of National Housing Authority (NHA). They pointed that there were manholes filled with stagnant water in Southville that were teeming with mosquito larvae and could be breeding dengue-carrying mosquitoes. UPSAI leaders like Ester Terencio repeated several times this concern to NHA officers, the latest on November 4 and 6 in a meeting with Architect Virginia Domingo in Cabuyao, who brushed off their concerns by saying there is no dengue in Cabuyao. On November 7, the DOH declared a dengue outbreak in the Southville relocation site. -30-

Friday, November 03, 2006

appeal letter re. pre-asean summit demolitions

25-A Mabuhay St., Brgy. Central,Quezon City, Philippines
Tel No: 632 426 4119-19;Tel/fax no: 632 426 4132


November 2, 2006


The Honorable Alberto G. Romulo
Secretary of Foreign Affairs
Chairman,National Organizing Committee
Department of Foreign Affairs
PHILIPPINES
Fax No. 632 832 1597
Email: osec@dfa.gov.ph

Governor Gwendolyn F. Garcia
Chair, Cebu Organizing CommitteeCebu Provincial Capitol
Capitol SiteCebu City, Philippines 6000
Fax Number: (+63) (032) 255-0642
Email: gov@cebu.gov.ph

The Honorable Arturo Radaza
Office of the City Mayor
Lapu-lapu CityPHILIPPINES
Tele/fax: +63 32 340 0656


Subject: Demolition of Urban Poor Houses, Arrest and Detention of Protesters


Greetings.

Our organization has received information from civil society organizations in Cebu, Philippines about the September 29, 2006 demolition of 30 shanties affecting 42 families in front of Shangri-la Mactan Island Resort and Spa in Mactan Island, Cebu, the arrest and detention of 12 people who protested against the demolition.The demolition was carried out as part of the preparations for the 12th ASEAN Summit December 2006 in Cebu. The cleared land will be used as a parking lot for Summit participants.

Since the contested land is privately owned the land claimant should have gone to court to get a demolition order. Instead the local government opted to use presidential decree 1096 of former Dictator Marcos requiring government building permit for house construction which requires a land title to be issued. Obviously squatter families cannot obtain such a permit from city hall. Under Marcos Minister for Public Works and Highways Jesus Hipolito instructed through a July 13, 1984 memorandum to government agencies not to use PD 1096 to demolish squatter houses.

The demolition operation was violent. Police used water cannons and truncheons to disperse the barricade put up by members of ASUPA (Atbang Shangrila Urban Poor Association) and students. Scores were hurt, including women and children. Thirteen were arrested with one released at once because he was a minor.

The twelve detained are the following: Almarie B. Marzado, 19; Emalyn M. Aliviado, 23; Lourd Sherry V. Perez, 23; Melba C. Ugbinada, 22; Jo Ann L. Martinez, 24; Rosita D. Blando, 54; Ronald A. Sitoy, 21; John Francis B. Aguilar, 19; Jordan M. Jainar, 19; Deogracias J. Cane, 23; Ashbel C. Edaño, 19; and Reyneil Jim V. Perez, 22. They are asked to post bail of P80,000 each (US$1,633) or a P960,000 (US$19,591), clearly beyond their means. Their detention is now more than a month.

Recently they have been charged with violation of the child abuse law Republic Act 7619 because they “induced” a minor, a 16 year old resident, to join in the barricade, a charge they deny. They are in jail with common criminals.

As you may know, forced evictions in connection with international events such as summits and conferences violate the guidelines contained in General Comment No. 7 : Forced Evictions (1997) issued by the United Nations Committee on Economic,Social and Cultural Rights. The committee is the treaty body of the International Covenant on Economic, Social and Cultural Rights which the Philippine government has ratified. The September 29, 2006 forced evictions also violated the instruction of the United Nations Secretary General Kofi Anan which is contained in his Forced Evictions: Analytical Report (1993).

Eviction Watch therefore demands that the National Organizing Committee and the Cebu Organizing Committee, including the local government of Lapulapu City:

· Stop all forced evictions, including those being planned, related to the holding of the ASEAN Summit in December in Cebu City;
· Pay compensation and provide adequate relocation to the evicted families and observe the other guidelines prescribed by the UN Committee on Economic, Social and Cultural Rights in its document The Right to Adequate Housing: Forced Evictions;
· Release, without bail, immediately the 12 people arrested and detained who protested the September 29, 2006 demolition,

Such actions will most certain show that the ASEAN, beginning with the organizers of its 12th Summit, are consistent in their avowals of creating a caring and sharing community .

Yours truly,



Respectfully yours,
Teodoro Anana



Cc

Her Excellency Gloria Macapagal Arroyo
President
Malacañang Palace
JP Laurel Street, San Miguel
Manila 1005
Telephone Nos.: 632-735-6201 up to 10; 632-735-6180
Fax Number: 632-733-2107

Mr. Eduardo R. Ermita
Executive Secretary
Malacanang Palace
Manila
Fax no. 632 736 1010

Mr. Ong Keng Yong
Secretary-General of ASEAN
The ASEAN Secretariat70A, Jalan SisingamangarajaJakarta 12110IndonesiaTel : (6221) 7262991, 7243372Fax : (6221) 7398234, 7243504Email : termsak@aseansec.org

Mr. Miloon KothariSpecial Rapporteur on Adequate HousingUN Council on Human RightsTel/Fax; 91.11.24358492
www.unhchr.ch/housing : www.ohchr.org/english/issues/housing/index.htm

P/Supt. Louie Tiroy OpusPhilippine National Police Headquarters (PNP-HQ)City Hall Compound, PusokLapu-lapu CityPHILIPPINESTel: +63 32 341 1311
Director General Oscar CalderonChief of Philippine National Police (PNP)Camp General Rafael CrameQuezon City PHILIPPINESTel: +63 2 726 4361/4366/8763Fax: +63 2 724 8763 E-mail: ocpnp@pnp.gov.ph

Mrs. Persida V. Rueda-AcostaChief of Public Attorney Office (PAO)DOJ Agencies Building, NIA Road East Avenue1104 Quezon CityPHILIPPINESTel. No. +63 2 929 9010 / 9436Fax No. +63 2 927 6810 / 926 2878Email: chiefacosta@edsamail.com.ph
Ms Leila ZerrouguiChairpersonWorking Group on arbitrary detentionAttn: Mr Miguel de la LamaOHCHR-UNOG1211 Geneva 10SWITZERLANDFax: +41 22 917 9006

NGOs condemns pre-ASEAN Summit demolitions, arrest and detention of protesters

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118 Tel.: 4264119 / 4267615
Ref: John Francis M. Lagman
http://www.flickr.com/photos/jlagman17
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***NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE ***

NGOs condemns pre-ASEAN Summit demolitions, arrest and detention of protesters

3 November 2006, Quezon City. Non-government organizations have asked various government agencies in a letter to stop all forced evictions, including those being planned, related to the holding of the ASEAN Summit in December in Cebu City, to pay compensation and provide adequate relocation to the evicted families, and to release, without bail, immediately the 12 people arrested and detained who protested the September 29, 2006 demolition.

“Such actions will most certainly show that the ASEAN, beginning with the organizers of its 12th Summit, are consistent in their avowals of creating a caring and sharing community, said Teodoro Añana, coordinator of the Eviction Watch of the Asian Coalition for Housing Rights (ACHR).

ACHR and the Urban Poor Associates (UPA) condemns the September 29, 2006 demolition of 30 shanties affecting 42 families in front of Shangri-la Mactan Island Resort and Spa in Mactan Island, Cebu, the arrest and detention of 12 people who protested against the demolition.

The demolition was carried out as part of the preparations for the 12th ASEAN Summit December 2006 in Cebu. The cleared land will be used as a parking lot for Summit participants.

The demolition operation was violent. Police used water cannons and truncheons to disperse the barricade put up by members of ASUPA (Atbang Shangrila Urban Poor Association) and students. Scores were hurt, including women and children. Thirteen were arrested with one released at once because he was a minor.

The twelve detained are the following: Almarie B. Marzado, 19; Emalyn M. Aliviado, 23; Lourd Sherry V. Perez, 23; Melba C. Ugbinada, 22; Jo Ann L. Martinez, 24; Rosita D. Blando, 54; Ronald A. Sitoy, 21; John Francis B. Aguilar, 19; Jordan M. Jainar, 19; Deogracias J. Cane, 23; Ashbel C. Edaño, 19; and Reyneil Jim V. Perez, 22. They are asked to post bail of P80,000 each (US$1,633) or a P960,000 (US$19,591), clearly beyond their means. Their detention is now more than a month.

Recently they have been charged with violation of the child abuse law Republic Act 7619 because they “induced” a minor, a 16-year old resident, to join in the barricade, a charge they deny. They are in jail with common criminals.

“Since the contested land is privately owned the land claimant should have gone to court to get a demolition order. Instead the local government opted to use presidential decree 1096 of former Dictator Marcos requiring government building permit for house construction which requires a land title to be issued. Obviously squatter families cannot obtain such a permit from city hall,” according to UPA.

Under Marcos, Minister for Public Works and Highways Jesus Hipolito instructed through a July 13, 1984 memorandum to government agencies not to use PD 1096 to demolish squatter houses.

Forced evictions in connection with international events such as summits and conferences violate the guidelines contained in General Comment No. 7, Forced Evictions (1997) issued by the United Nations Committee on Economic, Social and Cultural Rights. The committee is the treaty body of the International Covenant on Economic, Social and Cultural Rights which the Philippine government has ratified. The September 29, 2006 forced evictions also violated the instruction of the United Nations Secretary General Kofi Anan which is contained in his Forced Evictions: Analytical Report (1993). -30-

Saturday, October 14, 2006

Hard quest for a living space

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118 Tel.: 4264119 / 4267615

Ref: John Francis M. Lagman
http://flickr.com/photos/jlagman17
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** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE ***
October 14, 2006

Hard quest for a living space

It is not the house that counts, nor the comfort of it that is more important but survival.

Alberta Abenaza, now a widow and mother of 7, had been living for 26 years under the San Andres Bridge 1, along Estero Tripa de Gallina, a jurisdiction of Brgy. 734 and 735 in Manila.

“Kaya tumagal dito, ang hanapbuhay nasa bubong lang,” said Abenaza who is now 46 and supports her family through rug making.

Abenaza left her distant village in Leyte at the age of 11 to find a better life in Manila. Soon after graduating in High School, she was married to Everjisto, a jeepney driver. With meager income, her growing family found it hard to rent a place so they decided to build a shanty under the bridge.

“Nung una ayaw ko kasi madilim, mabaho, maingay, malalim ang ilog at walang maapakang lupa. Humanap kami ng mauupahan pero isang taon lang nasunugan kami kaya ito na ang naging bahay namin,” Abenaza said.

Some 54 families are now living under the bridge. Most of the residents are vendors along Osmeña Highway. Being in constant threat of demolitions, the community organized the Samahan ng mga Taga Ilalim ng Tulay Neighborhood Association (SAINT).

“Karamihan dito katulad din ng kwento ng buhay ko. Nangangarap din kaming mabigyan ng pabahay. Maiahon sa ilalim ng tulay, subukan ang buhay sa taas. Dito para kaming dagang nagtatago sa lungga,” said Abenaza, president of SAINT.

Since 2001, Abenaza have written various letters asking for relocation assistance from the Housing and Urban Development Coordinating Council (HUDCC), Presidential Action Center, National Housing Authority, Department of Social Welfare, Department of Public Works and Highway, Urban Settlement Office, and Manila City officials.

“Kung meron pa silang konting awa, umaasa pa rin kami hanggang ngayon na mabigyan ng pag-asa upang mabago at maitaguyod ang aming pamilya sa maayos na pamumuhay,” said Abenaza.

The residents along Estero Tripa de Gallina have been given until October 20, 2006 to evict their shanties, according to a Notice of Eviction issued by the Metropolitan Manila Development Authority (MMDA) September 19.

SAINT sought the help of Urban Poor Associates (UPA) to save their dwellings from demolition in the absence of relocation program as stipulated in the Urban Development and Housing Act (UDHA).

“Cities do not comply fully with the content of section 28 of the law that says there should be no demolition without adequate relocation,” according to a research conducted by the UPA, a non-government organization working with urban poor issues. “Hence, the endless cycle of homelessness.”

In the aftermath of typhoon Milenyo, after dismantling the “killer” billboards, the government wants to immediately remove informal settlers near esteros, creeks and rivers to prevent flooding during the rainy season.

The Esteros Program of the HUDCC shows that 21,047 families will have to be relocated but it has a funding requirement of 2,253 Million Pesos. -30-

Sunday, October 08, 2006

Group comes to the aid of families in toxic relocation site

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118
Tel.: 4264119 / 4267615

Ref: John Francis M. Lagman
http://flickr.com/photos/jlagman17
.................................................................................................................
** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE ***
October 8, 2006

Group comes to the aid of families in toxic relocation site

Heaven sent angels in Southville.

These are the words that describe how hundreds of afflicted families felt after receiving medical services and free medicines from non-government organizations yesterday at the Southville Housing Project in Cabuyao, Laguna.

"Uso dito ang skin diseases, sore eyes, diarrhea, lagnat, ubo, sipon, pneumonia at sakit sa puso. Malaking ginhawa sa amin ang medical mission na ito," said Ester Terencio, president of the Urban Poor Southville Association Inc. (UPSAI).

Shortly after typhoon Milenyo devastated newly built houses in Southville, the Grassroots Women Empowerment Center (GWEC) organized medical teams composed of doctors from Caloocan Medical Society and dentists from Emilio Aguinaldo College.

"The government has relocated the poor families into a site with limited access to clean water, clinics, electricity, schools and transport. Hence, widespread diseases has made these people in dire need of medical services," said Lee Salamanca of GWEC.

Tthe Ecowaste Coalition, a group of environmentalists, has recently categorized Southville as a "toxic relocation site" since it is located only a few meters from a hazardous dumpsite.

Southville Housing Project is an instant community of 7,000 families relocated from Metro Manila railway tracks to give way for the Northrail-Southrail Linkage Project (NSLP). It may soon add another 10,000 households with the development of a 100-hectare Southville Housing Project II.

"The enormous numbers of displaced railway families in a site, most of them below the poverty line, is economically and socially unsound. The heightened hunger and poverty brought on by uprooting poor families from their source of income can only be viewed as a disaster in the making," said the Urban Poor Associates (UPA), a non-governent organization working with urban poor issues.

His Eminence Gaudencio Cardinal Rosales was able to publicize the issue but he have not been able to influence government to take decisive steps in solving the problem. "Perhaps our appeals for the poor families have fallen on deaf ears," the UPA added. -30-

Thursday, October 05, 2006

Tuesday, October 03, 2006

Global Coalition Announces Campaign to Stop Forced Evictions and Privatization of Housing and Land.

News Advisory
Mon, October 2 2006

Global Coalition Announces Campaign to Stop Forced Evictions and Privatization of Housing and Land.

Decrying a sharp increase in massive forced evictions caused by mega-development schemes and property speculation across the planet, the Habitat International Coalition (HIC) will announce a global campaign to "Stop Forced Evictions and Privatization of Housing and Land” in Montevideo and in London on October 2, with worldwide actions scheduled throughout October.
"Despite global standards affirming a Right to Housing, governments, multinational corporations and investors have too often ignored them,” stated Enrique Ortiz, HIC President. “Homelessness, speculation and massive forced evictions for 'slum clearance' are on the rise, from Harare (Zimbabwe) to New Orleans, from Mombai and Manila to Lima and Vancouver"s Downtown Eastside. Massive dam projects are displacing hundred of thousand in rural areas of Turkey, China, India and Mexico. As a result, far from meeting the UN's Millenium Development Goal of reducing slum dwellings by 100 million by 2020, the number of slum dwellers is expected to double to more than two billion families by 2030. We call on government and UN bodies to implement a rights-based, people-centered housing agenda as an alternative to the market-driven models promoted by the US government, global business interests and financial institutions.”

The London press conference will focus attention on the privatization of social housing and utilities, highlighting efforts by tenant organizations to halt the introduction of Real Estate Investment Trusts (REITS) in Germany and the United Kingdom. “In Europe, America, and Asia, private equity funds and investment trusts are accelerating the massive conversion of rental housing to speculative ownership beyond the reach of poor and working people, contributing to displacement, rent increases and the destruction of social investment in habitat,” stated Ana Sugranyes, HIC General Secretary, who will participate in the London event. “Unregulated market-oriented policies are the principal cause, not the solution, of global poverty and the destruction of habitat.”

In Montevideo HIC will focus on people centered alternatives to be discussed with the Latin American housing and urban development national authorities, looking for increasing public funds, reviewing mortgage conditions and defending collective land ownership.

Throughout October, numerous local, national and regional organizations, social movements, NGO"s and academic groups in more than 30 countries in Africa, Asia, Europe, Latin America, and North America will carry out public actions and events within the framework of the HIC campaign. Highlights will be posted later in this week at www.hic-net.org/ . The Coalition will also release a Global Eviction Watch Map to visually document the forced eviction crisis. HIC will release the list and Map to coincide with World Habitat Day on October 2, designated by the United Nations General Assembly for the first Monday of October each year.

Ortiz also released a statement in commenting on the official UN Habitat Day theme of “Cities, Magnets of Hope.” Ortiz notes that the displacement of the rural poor to urban areas forced by market forces and institutions is not a “massive flow moved by hope, but rather a desperate struggle to stay alive.”

HIC is the principal worldwide network of Non-Governmental Organizations (NGO’s) engaged with the United Nations’ Conference on Human Settlements, known as Habitat I and II. Founded by housing rights activists in 1976, HIC coordinated NGO participation in the Habitat II Conference in Istanbul in 1996, and organized fora and a rally at the World Urban Forum in Vancouver in June 2006. The Coalition today comprises more than 300 national, local and regional housing and land rights organizations in most of the countries of the globe.

Thursday, September 21, 2006

COHRE REPORT ON THE NORTH SOUTH RAIL LINKAGE PROJECT, THE PHILIPPINES

CENTRE ON HOUSING RIGHTS AND EVICTIONS (COHRE)

REPORT ON THE NORTH SOUTH RAIL
LINKAGE PROJECT, THE PHILIPPINES

1. Introduction

The Centre on Housing Rights and Evictions (COHRE) is an independent, international human rights organisation seeking to create conditions in which people of all nations can enjoy access to safe, affordable and secure housing. Together with local partners COHRE works closely with the United Nations (UN) and other international and regional bodies, advocating that governments fulfil their international and national legal obligations to ensure adequate and secure housing for all.

COHRE conducted a fact-finding mission to the Philippines in July 2006, focusing on the evictions and threatened evictions associated with rehabilitation of the Philippines National Railway system. COHRE met with communities affected by relocation as a result of the North South Rail Linkage Project and with local agencies advocating for the rights of those affected. COHRE held discussions with numerous non-governmental organisations (NGOs), government officials and media representatives, to strategise on possible solutions and determine further collaborative actions.

2. COHRE’s involvement in advocacy on the Project

In March 2005 COHRE held a housing rights workshop in Manila with partners from the NGO sector. This led to the formation of the Housing Rights Along the Railway Taskforce. In May 2006 COHRE facilitated an advocacy visit to Geneva by a leading housing rights attorney from Urban Poor Associates (UPA) and the Taskforce. The attorney met with various UN human rights bodies and representatives including the Committee on Economic, Social and Cultural Rights and the assistants to the UN Special Rapporteur on Adequate Housing, the UN Special Rapporteur on the Right to Food, and the UN Special Rapporteur on the Right to Health.

COHRE’s recent visit to the Philippines was hosted by the Grassroots Women’s Empowerment Center (GWEC). COHRE worked closely with GWEC and UPA and also met with other members of the taskforce, including the Homeless Peoples Federation of the Philippines (HPFP), Damayan ng Maralitang Pilipinong Api (DAMPA), Institute on Church and Social Issues (ICSI) and Alternative Legal Assistance Center (SALIGAN).

3. Background: rehabilitation of the Philippines National Railway (PNR)

Over the last few decades the Philippines’ national rail system has fallen into a state of disrepair. Today there are only limited operations south of Manila, and operations have completely ceased in provinces north of Manila. The modernisation plan now in place will involve new diesel-fueled trains, the rehabilitation of stations, and the strengthening of tracks and bridges. The aim is to alleviate existing traffic congestion in Metro Manila, to improve transport between the airports and seaports of the Manila-Clark-Subic economic triangle, and to provide easy access to Central and Northern Luzon’s new economic growth areas.

The section of the railway from Bicol to Caloocan is known as the South Manila Commuter Rail (or Southrail) Project. This stretch is funded by a US$50 million loan from the Korean Export and Import Bank. The Caloocan to La Union section is known as the Northrail Project, and is financed by a USD$421 million loan from the Export and Import Bank of China. The Government of the Philippines has pledged USD$82 million to cover the relocation costs of settlers living along the railway.[1]

Large numbers of informal settlers have been living along the railways, some for decades. It is difficult to obtain an exact figure for the total number of families living along the railways who face eviction. According to the UPA, approximately 70,000 families will be affected, of which 27,000 have already been relocated, 20,000 from the Northrail Project and 7,000 from the Southrail Project.

Research has shown that up to 30% of affected families were not present during a recent Government census and therefore have not been included in the relocation programme.[2] The Taskforce together with Church leaders are currently calling for the census to be redone.

There are many problems associated with the relocation process, which NGOs and people’s organisations (POs) are attempting to address. These include lack of information and consultation with affected families, eviction and relocation before the sites are habitable, Government loans that are insufficient for the construction of houses, lack of livelihood opportunities in distant sites, and situating a relocation site adjacent to a garbage site.

Government agencies and NGOs are working together at the municipal level through a coordinating structure called Local Inter Agency Committees (LIAC), chaired by the Mayor of each municipality. The LIAC model is new to this project and still under development. During some discussions, concerns were expressed over a lack of transparency in LIAC formation, representation, and decision-making processes.

4. COHRE’s observations of the relocation process to date

According to the National Housing Authority (NHA), 90% of the 27,000 relocated families moved voluntarily. However, as noted by the Archbishop of Manila in a letter to the Vice President, many evictees claim to have been told by government officials that they would not be allocated a plot at the designated relocation site if they did not volunteer to demolish their house and move immediately.[3] Furthermore, some evictees were asked to sign waivers that relinquish their legal right to a 30 day eviction notice period, and override a court order against demolition. COHRE was provided with a copy of the waiver by both Government officials and NGO staff.

The waiver sets out in point form the legal protections that a person agrees to relinquish upon signing. Having signed the waiver, a resident can be relocated even if:

relocation occurs within the 30-day notice period;
there is bad weather at the time of relocation;
relocation occurs outside permitted hours (8:00 a.m.– 5:00 p.m during weekdays);
there is a restraining order from the court against demolition.

These protections are detailed in General Comment No 7 of the UN Committee on Economic Social and Cultural Rights, on what defines a forced eviction. The waiver therefore is in clear violation of international law, as the protections of international law cannot be signed away.

The proposed Relocation Scheme is fraught with inconsistencies. The Government provides each family with a loan (payable in 25-30 years with interest between 6-9% per annum) with varying repayment schemes. It has been documented that loan amounts range from between P25,000 – P200,000 per family.[4] In many cases the loan is not sufficient to construct a house. Large numbers of houses visited by COHRE in Southville, Cabuyao are incomplete with no roofs and dirt floors. UPA research shows that of the approximately 20,000 families already relocated for the Northrail, 70% have finished building their houses and only 50% of these families are actually living in them.[5]

John is a young father who has a half-built house in Southville Cabuyao relocation site. He is in the process of raising the earthen floor, because when it rains, due to poor drainage and the close proximity of the dumpsite, contaminated water enters the floor of his house where his children sleep.

The relocation sites visited by COHRE, Towerville and Northville 4 for the Northrail Project, and Southville for the Southrail Project are all situated approximately 40km from Metro Manila, far from residents’ sources of livelihood. This causes food shortages and hunger, and creates the necessity for many family members to return to the city during the week to earn an income.[6] UPA research found that more than 70% of families in Southville Cabuyao have a family member who works in Metro Manila. It also found that the incidence of hunger in the relocation sites was double that experienced in communities living adjacent to the railway.[7]

Rosa is a women’s leader and a widow who faces eviction from the railway and relocation in the near future. She views the forced move to the distant relocation site as a ‘slow death’ and would not contemplate doing this, as her work and friends are in Manila.

Transportation costs are high in such sites and consume a high proportion of family income. Part of the original relocation package offered by the Government included a three year free travel pass for one family member. However, community members informed COHRE that this system was not functioning, passes had been confiscated, and families are still bearing the cost of commuting between Manila and the relocation sites. An official from the PNR confirmed confiscation of some passes, but stated that those who had violated the conditions (for example given the pass to another family member) would be reissued with another pass.[8]

A lack of basic services such as potable water, electricity, adequate drainage, and health and school facilities is starkly evident at the relocation sites visited. The relocation site at Southville, Cabuyao is adjacent to a garbage site that at the time of COHRE’s visit was still in operation, despite a government order to close it by February 2006.[9] Situating a relocation settlement adjacent to a dumpsite in fact contravenes Republic Act 9003 that prohibits the construction of any establishment within 200 metres of open dumps, controlled dumps or sanitary landfills. The penalty stipulated for contravening this law includes a substantial fine and a possible jail sentence of up to six years.[10]

During heavy rains, flood waters are contaminated by run off from the dumpsite and flood houses in the relocation site for hours on end. According to Manny Calonzo of the EcoWaste Coalition who visited Southville in August 2006, residents are exposed to ‘high levels of contaminants that are released through dump fires, landfill gas migration, surface and underground leachate migration’.[11] Clearly, the dumpsite poses serious health hazards and six infants have died this year of pneumonia, sepsis and diarrhoea.[12]

The health issues posed by lack of safe drinking water and poor drainage and sanitation remain dire. There is no functioning medical clinic at the site, and the nearest hospital is not obliged to accept people from the relocation site. This problem epitomises the difficult issue of municipalities refusing to provide services to newly relocated residents.

There is a small dispensary at the site, run by an NGO, providing basic medicines such as inhalers, antibiotics and vitamins. Several organisations including Justice and Peace of the Catholic Bishops Conference of the Philippines have called on the Department of Health to send medical and environmental sanitation teams to Southville.[13] The Archbishop of Manila raised grave concern over these matters in a letter to the Vice President on August 21. COHRE was assured in July by the NHA that the dumpsite would be closed.[14] On September 7, Vice President de Castro personally ordered the closure of the dumpsite. COHRE has yet to confirm that the closure has occurred.

Severe flooding in August 2006 prompted affected families to propose to the NHA that immediate measures be taken to alleviate the deplorable conditions.



Dumpsite behind houses. Inadequate drainage results in severe flooding that lasts up to 6 hours.




COHRE supports this urgent request and urges the NHA to promptly initiate the following measures proposed by the affected families:

Replacement of the existing small drainage pipes with larger ones capable of channelling the flood waters;
Construction of a concrete wall between the dumpsite and the adjacent houses;
Construction of a canal to redirect the water away from houses to a nearby creek;
Deepening the drain canals;
Covering the drain canals with concrete to prevent accidents occurring.

5. The way forward: recommendations

The recent State of the Nation Address (SONA) delivered by President Gloria Macapagal-Arroyo has potentially serious implications for housing rights on a national scale. With a proposed increase in infrastructure developments such as ports and airports, it is imperative that the Philippines Government include the potential impact on the urban poor, in particular informal settlers, in its planning. Loans for the North South Rail Linkage Project did not include the cost of relocation, meaning that until now the urban poor have borne the brunt of this project. COHRE urges the Philippines Government to consider the impact of large infrastructure projects upon the most marginalised in society, and to respect their rights under both national and international law. Housing Rights Along the Railway Task Force members, together with parish priests in the affected areas, have recently agreed upon a common set of recommendations. COHRE supports the following recommendations:

· That all further relocations are suspended until sites meet international and national housing rights standards.

· That the Government give priority to the provision of basic services including potable water, electricity, and adequate drainage in all relocation sites.

That the Government commits itself to finding suitable alternatives, such as in-city relocation.

COHRE welcomes the constructive and consultative approach taken by the Mayor of Taguig, who has agreed, in cooperation with the NHA, to develop in-city relocation sites.

COHRE calls upon the Government to continue its dialogue with civil society groups, to ensure that all affected people’s aspirations are met and their human rights upheld in the eviction and relocation process.

COHRE calls upon the Government to invite the UN Special Rapporteur on Adequate Housing to visit the Philippines to assess the situation and provide appropriate advice.

[1] Quijano, S., Lorenzana, A., 2006, Railway Rehabilitation Project in the Eyes of Different Stakeholders, Urban Poor Associates, Task Force Housing Rights Along the Railways, Cordaid, p.2.
[2] UPA Summary of Quijano, S., Lorenzana, A., 2006, Railway Rehabilitation Project in the Eyes of Different Stakeholders, Urban Poor Associates, Task Force Housing Rights Along the Railways, Cordaid, p.2.
[3] Letter to Vice-President Noli de Castro from Cardinal Rosales, May 12, 2006
[4] Quijano, S., Lorenzana, A., 2006, Railway Rehabilitation Project in the Eyes of Different Stakeholders, Urban Poor Associates, Task Force Housing Rights Along the Railways, Cordaid, p.13.
[5] UPA, Evaluating Resettlement Work on the North and Southrail Projects, May 2006
[6] Ibid
[7] UPA, North and South Rail Research Preliminary Findings June 2006
[8] Meeting with PNR official , July 25 2006
[9] ‘Authority to Close’ issued by Department of Environment and Natural Resources, March 9, 2006.
[10] Pabico, A. ‘Not just placing a roof over people’s heads’, September 8, http://www.pcij.org/blog/?p=1171
[11] Ibid
[12] Ibid
[13] Ibid
[14] Meeting with NHA Assistant General Manager, July 27, 2006.

Friday, September 08, 2006

URGENT REQUEST TO DISPATCH MEDICAL AND ENVIRONMENTAL SANITATION TEAMS TO THE SOUTHVILLE HOUSING PROJECT IN CABUYAO, LAGUNA

8 September 2006

Hon. Francisco T. Duque, MD
Secretary
Department of Health
San Lazaro Compound, Rizal Avenue
Sta. Cruz, Manila
Fax: 743-1829

Dear Sec. Duque,

URGENT REQUEST TO DISPATCH MEDICAL AND ENVIRONMENTAL SANITATION TEAMS TO THE SOUTHVILLE HOUSING PROJECT IN CABUYAO, LAGUNA

We are writing with urgency to appeal to the Department of Health (DOH) to immediately deploy medical and environmental sanitation teams to the Southville Housing Project in Cabuyao, Laguna in light of the reported occurrence of skin diseases, diarrhea and other ailments among some of the relocated railway dwellers purportedly due to the poor environmental health conditions in the area.

We make this appeal on behalf of Luisa Yabut, whose photo is attached, and the other afflicted children that we have met during our visits to the relocation site on 9 and 28 August 2006. The heartrending documentaries shown on GMA7’s “Imbestigador ng Bayan” on “24 Oras” (30 August and 1 September 2006) and “Emergency” (1 September 2006) only corroborated what we thought was an emerging health crisis.

Consistent with the Department’s mandate of ensuring accessible and quality health care services to all Filipinos, especially the poor, we urge the DOH, in coordination with the Municipal Government of Cabuyao and other concerned agencies, to speedily and effectively respond to the health needs of the relocatees. Specifically, we ask the DOH to send medical and environmental sanitation teams to the Southville Housing Project on a regular basis or until the local authorities have fully taken on this responsibility.

As a member agency of the National Solid Waste Management Commission, we urge the DOH to take the lead in ensuring the safety of the relocatees from chemical pollution, and implore you to work for the following requirements of R.A. 9003 or the Ecological Solid Waste Management Act of 2000:

1) The introduction and implementation of an ecological system for managing household discards within the entire relocation site.

2) The closure, cleanup and rehabilitation of the private dumpsite situated next to several residential blocs.

3) The provision of safer housing units for relocated families, especially those whose houses are located within the 200-meter radius of the dumpsite, which should be a no-construction zone under the law.

We further request you, Mr. Secretary, to seriously look into the water, drainage, electricity and indoor pollution issues, which, if adequately resolved, would tremendously improve the environmental health conditions in the relocation site.

We thank you and look forward to your decisive action to ensure “health for all.”

Sincerely yours,

Elsie Brandes De Veyra, Concerned Citizens Against Pollution
Joey Papa, Bangon Kalikasan Movement
Noli Abinales, Buklod Tao Foundation
Ochie Tolentino, Cavite Green Coalition
Manny C. Calonzo, Global Alliance for Incinerator Alternatives
Von Hernandez, Greenpeace Southeast Asia
Merci Ferrer, Health Care Without Harm
Yolly Esguerra, Kaalagad Katipunang Kristiyano
Dr. Angelina Galang, Miriam PEACE
Dr. Pastor Cruz, Montalban Environmental Protection and Development Council
Sonia Mendoza, Mother Earth Foundation
Joyce Palacol, National Secretariat on Social Action/CBCP
Romy Hidalgo, November 17 Movement
Marie Marciano, Sanib Lakas ng Inang Kalikasan
Bang Palacio, Sining Yapak
John Francis M. Lagman, Urban Poor Associates
Ofelia Panganiban, Zero Waste Philippines

DOH Asked to Dispatch Medical Teams to Relocation Site

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118 Tel.: 4264119 / 4267615

Ref: John Francis M. Lagman
http://flickr.com/photos/jlagman17
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** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE **

DOH Asked to Dispatch Medical Teams to Relocation Site

8 September 2006, Quezon City. Church, environmental and social justice groups asked Health Secretary Francisco Duque to immediately deploy medical and environmental sanitation teams to the Southville Housing Project in Cabuyao, Laguna to prevent an emerging health crisis.

Led by the Ecowaste Coalition, National Secretariat for Social Action, Justice and Peace (NASSA) of the Catholic Bishops Conference of the Philippines (CBCP), and the Urban Poor Associates (UPA), the 17 groups sought Sec. Duque’s intervention in view of the reported occurrence of skin diseases, diarrhea and other ailments among relocated railway dwellers purportedly due to the poor environmental health conditions in the area.

In a letter delivered today at the DOH headquarters in Sta. Cruz, Manila, the groups asked the Health Department to attend to the health needs of Maria Luisa Yabut and other children in the relocation site who are afflicted with serious skin diseases. Yabut, a three-month infant, has been diagnosed by Dr. Lilia Acebron, pediatrician at St. James Hospital in Sta. Rosa, Laguna, as suffering from scabies and multiple infection.

“The heartrending documentaries shown on GMA7’s “24 Oras” (30 August and 1 September 2006) and “Emergency” (1 September 2006) only corroborated what we thought was an emerging health crisis in the relocation site,” the groups said.

“Even teachers are falling ill due to the unbearable heat, particularly at the provisional classrooms in a huge tent,” observed the Ecowaste Coalition, citing a report obtained from Ms. Elvira Catangay, principal of the Southville 1 Elementary School, which shows that between 10 July 2006 to 25 August 2006, 15 out of the 18 teachers have taken sick leave due to acute bronchitis, acute respiratory upper tract infection, flu and other ailments.

In line with the Department’s mandate of ensuring accessible and quality health care services to all Filipinos, especially the poor, the groups urged the DOH and other concerned government departments to speedily and effectively respond to the health needs of the relocatees.

Specifically, they asked the DOH to send medical and environmental sanitation teams to the Southville Housing Project on a regular basis or until the municipal government of Cabuyao has fully assumed the responsibility.

As a member agency of the National Solid Waste Management Commission, the groups urged the DOH to take the lead in ensuring the safety of the relocatees from chemical pollution. Towards improved community health, they asked Sec. Duque to work for the implementation of an ecological system for managing household discards within the entire relocation site, and to work for the closure, cleanup and rehabilitation of the private dumpsite situated next to some of the residential blocs.

As a precautionary step, they asked Sec. Duque to seek the transfer to a safer location of relocated families living next to a dump. The 200-meter radius of the dumpsite is a no-construction zone under the R.A. 9003.

They also appealed to Sec. Duque to seriously look into the water, drainage, electricity and indoor pollution issues, which, if adequately resolved, would tremendously improve the environmental health conditions in the relocation site. -30-

For further information, please contact the Urban Poor Associates (4264118) or the Ecowaste Coalition (9290376).

Friday, August 25, 2006

COHRE urged Philippine government to do better in relocation of railway families

21 August 2006

Froilan R. Kampitan
Assistant General Manager
National Housing Authority
Elliptical Road, Diliman,
Quezon City, Philippines



re: Flooding at the Southville Cabuyao Relocation Site

Dear Mr Kampitan

The Centre on Housing Rights and Evictions (COHRE) is an independent international human rights organisation mandated to protect and promote housing rights throughout the world.

Following our meeting on 27 July 2006, at which we discussed the situation at the Southville Cabuyao relocation site, I am writing to express COHRE's concern at the current situation there. Firstly, the dumpsite remains in operation and continues to present a serious health hazard particularly with the contamination of flood waters. COHRE has seen photographs taken by partner organisations on 5 August 2006, showing serious flooding. The water enters the houses and after heavy downpours can take up to six hours to subside. The photographs show large piles of garbage in the relocation site, which also present a health hazard.

As discussed, under international law, namely the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which the Philippines is a signatory, everyone has the right to “an adequate standard of living for himself and for his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions” (Article 11(1)).

Furthermore, Article XIII, Section 10 of the Philippines 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.” Under certain circumstances evictions may be allowed, but must comply with eight mandatory requirements, including: “(2) 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 “(8) Adequate relocation”.

Moreover, Section 21 of the provision states: “Socialized housing or resettlement areas shall be provided by the local government unit or the National Housing Authority in cooperation with the private developers and concerned agencies with the following basic services and facilities:
a) Potable water;
b) Power and electricity and an adequate power distribution system;
c) Sewerage facilities and an efficient and adequate solid waste disposal system; and
d) Access to primary roads and transportation facilities.”

COHRE’s fact-finding mission to the Southville Cabuyao relocation site and recent photographs clearly demonstrate that the Philippines is in breach of its international and national legal obligations, due to the grossly inadequate conditions persisting in the relocation site.

COHRE urgently calls on the Philippines Government, and the National Housing Authority (NHA) in particular, to:
a) close the dumpsite immediately;
b) cease the dumping of garbage;
c) replace the existing small drainage pipes with larger ones, capable of channelling the flood waters;
d) construct a concrete wall between the dumpsite and the adjacent houses;
e) construct a canal to redirect the water from houses to a nearby creek;
f) deepen the drain canals; and
g) cover the drain canals with concrete to prevent accidents from occurring.

COHRE appreciates that the NHA is one of many agencies involved in the relocation process of the North South Rail Linkage Project. However as the key implementer of the housing and resettlement component of the project, the NHA bears primary responsibility for ensuring that the above-mentioned obligations are met. COHRE calls on the Philippines Government to urgently remedy the appalling living conditions at the Southville Cabuyao relocation site as a matter of priority.

We look forward to discussing these matters with you further and continuing to assist the Government in complying in full with international human rights law. Our Geneva staff will be contacting the Philippines Mission in Geneva and our Litigation and Media Programmes will explore other forms of human rights advocacy as necessary. Thank you very much for your time and consideration.


Yours sincerely,


Jean du Plessis
Executive Director (a.i.)
Centre on Housing Rights and Evictions
83 Rue de Montbrillant
1202 Geneva
Switzerland
tel: 41.22.734.1028
fax: 41.22.733.8336
jean@cohre.orgAnnie Feith
Women’s Housing Rights Officer
Asia-Pacific Programme
Centre on Housing Rights and Evictions
PO Box 1160
Collingwood 3066
Victoria, Australia

Thursday, August 24, 2006

URBAN POOR ASSOCIATES NEWS DIGEST

URBAN POOR ASSOCIATES NEWS DIGEST

Cardinal Rosales Urges Vice President de Castro to Help Railway Families Living on Toxic Relocation Site

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Tel.: 4264118 / 4264119 / 4267615 Fax: 4264118
Ref: John Francis M. Lagman

http://www.flickr.com/photos/jlagman17
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** NEWS RELEASE *** NEWS RELEASE *** NEWS RELEASE **

Cardinal Rosales Urged Vice President de Castro to Help Railway Families Living on Toxic Relocation Site

Alarmed by news of chemical risks among relocatees at the Southville Housing Project, the revered Archbishop of Manila has added his voice to the brewing anxiety over the relocation of railway families near a dumpsite in Cabuyao, Laguna.

In a letter sent to Vice President Noli de Castro, His Eminence Gaudencio Cardinal Rosales drew the attention on the health hazards of relocating people displaced by the Northrail Southrail Linkage Project (NSLP) next to a six-hectare dump, which tends to exacerbate the poor living conditions in the resettlement site. (The Cardinal’s letter is attached for your reference.)

Cardinal Rosales, who is highly regarded for his defense of the poor and the environment, is worried about the health risks posed by the dump to residents, especially the children, women and the elderly. Dumps, cautioned Rosales, are known sources of harmful toxins that are capable of damaging human bodies, contaminating the food supply and polluting the surroundings, including the air, soil and surface and groundwater.

“It appears to me that the current relocation program in Cabuyao, Laguna fails to take into consideration the health and environmental hazards that living next to a mixed waste dump might cause to the relocatees,” Cardinal Rosales said. Affirming that “I am one with the relocatees in seeking for the immediate resolution of their grievances and needs.”

Cardinal Rosales pleaded for Vice President de Castro’s sympathetic action, offering four action steps that will help in restoring the relocatees’ hope for a humane and secured future:

· Hasten the closure, clean up and rehabilitation of the dumpsite.
· Ensure immediate access to essential services such as electricity, safe drinking water, proper drainage and sanitation, and ecological system for managing discards.
· Complete what is required to obtain quality education at both Southville Elementary School and Cabuyao National High School Annex in Southville.
· Provide sustainable jobs and livelihood opportunities within the site and nearby places.

“The Southville residents have long suffered from health problems that they believe are caused by the leachate and the toxins in their drinking water coming from the shallow wells built next to a dumpsite. Without access to basic services, it was clear that surviving with dignity in a place like Southville is very difficult,” said the Urban Poor Associates (UPA).

“We hope that the Vice President will heed the plea of our beloved Cardinal and act with urgency to protect the health of the relocatees from toxic pollution,” added the Ecowaste Coalition’s Task Force Dumps/Landfills.

This is the second time that Cardinal Rosales wrote to Vice President de Castro on the railway eviction issue. It will be recalled that on 12 May 2006, Cardinal Rosales asked Vice President de Castro, concurrent Chairman of the Housing and Urban Development Coordinating Council, to find alternate in-city relocation for displaced families and to work towards improving the living conditions in the Cabuyao relocation site. -30-

For further information, please contact the Office of Cardinal Rosales (5274153), Urban Poor Associates (4264118) or the Ecowaste Coalition (9290376).

Wednesday, August 16, 2006

URBAN POOR ASSOCIATES NEWS DIGEST: Groups Raise Alarm over Toxic Resettlement Area in Cabuyao, Laguna

URBAN POOR ASSOCIATES NEWS DIGEST: Groups Raise Alarm over Toxic Resettlement Area in Cabuyao, Laguna

Groups Raise Alarm over Toxic Resettlement Area in Cabuyao, Laguna

Eco Waste Coalition
Unit 320, Eagle Court, 26 Matalino St., Quezon City, Philippines
Phone: 9290376 Fax: 4364733
PRESS RELEASE

Groups Raise Alarm over Toxic Resettlement Area in Cabuyao, Laguna

15 August 2006, Quezon City. Environmental health groups have joined advocates for housing rights in questioning the relocation of Metro Manila railroad communities next to a six-hectare dumpsite in Cabuyao, Laguna, and urged the authorities to take action now to prevent a health disaster waiting to happen.

In a meeting yesterday with the representatives of the Urban Poor Southville Association, Inc. (UPSAI) and the Urban Poor Associates (UPA), public interest groups belonging to the Ecological Waste Coalition of the Philippines, Inc. (Ecowaste Coalition) expressed shock and dismay over what they described as "toxic relocation" under the controversial Northrail Southrail Linkage Project (NSLP).

"Being relocated in a place that is totally lacking in livelihood opportunities and basic services and which is adjacent to a waste dump is just inhumane. Vice-President Noli de Castro and the Housing and Urban Development Coordinating Council could be at fault for exposing marginalized families to such deplorable conditions, not to mention, the contaminants from the nearby dump. Children and developing fetuses are most vulnerable to these toxic substances,” said the Ecowaste Coalition.

Adding that “the government needs to take action now to stop the source of chemical risks in Southville and to find safe alternative sites that can provide relocatees with healthy living conditions and jobs."

The concerns of the relocatees about the dump pollution are not without basis. From dawn to dusk, residents have to bear the nauseating foul smell coming from the 8-year old dump. They complain of respiratory ailments, which might be traced to the airborne pollution emanating from the dumpsite. They also fear that harmful bacteria and chemicals from the leachate and surface runoff are being dispersed throughout the neighborhood via floodwaters due to poor drainage.

Records from the Philippine Export Processing Zone (PEZA) show that 33 registered residual waste haulers, mostly from Batangas and Laguna, bring their collected wastes to the Hain’s Controlled Dump Facility in Barangay Niugan, Cabuyao. This dump should have ceased operations on 16 February 2006 under R.A. 9003 or the Ecological Solid Waste Management Act. However, it was only on 9 March 2006 that the Severino B. Hain Enterprises, dump owner and operator, obtained the “authority to close” from the DENR Environmental Management Bureau (Calabarzon Region).

Studies in Canada and USA have shown that living near municipal dumps or landfills involved an increased incidence of cancer, including lung, bladder, liver, stomach, breast, cervix and prostate cancers. One study by the New York State Department of Health showed that women living near solid waste facilities where gas is escaping have a four-fold increased chance of leukemia or bladder cancer.

A literature review in 1998 of various studies in the USA indicated that women living near municipal waste disposal sites showed increased risk of infants with birth defects such as eye/ear anomalies, chromosome abnormalities, and heart and neural tube defects.

In the Philippines, Catholic nuns running a health clinic at the Payatas dump reported that in 1995-96 three infants were born with imperforate anuses and about 10 cases of children with cerebral palsy out of 600 families living within the 0.5 km of the infamous dump.

Among the known toxic substances emitted from dumps or landfills are benzene, toluene, ethylbenzene, methylene chloride, dichloro methane, carbon tetrachloride, and carbon monoxide. Open burning also released volatized heavy metals and persistent organic pollutants such as dioxins and furans. Exposure to these toxic chemicals is a known factor in the development of cancer, chronic diseases and birth defects.

Housing rights advocates decried the failure of both Northrail and Southrail projects to provide relocatees with access to essential services as required by R.A. 7279 or the Urban Development and Housing Act, notably the lack of access to potable water, electricity, sewerage facility, waste disposal, and transportation.

Gaudencio Cardinal Rosales has appealed to Vice-President Noli de Castro to delay the relocation until the unfinished work in the Cabuyao relocation site is completed, and proposed finding in-city relocation places for the railroad evictees.

For more information, please contact the Ecowaste Coalition at 9290376 or the Urban Poor Associates at 4264118.

Saturday, August 05, 2006

International NGOs calls North and Southrail relocation inadequate and violative of international human rights standards

Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Tel.: 4264118 / 4264119 / 4267615
Fax: 4264118

Ref: John Francis M. Lagman
http://www.flickr.com/photos/jlagman17

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

International NGOs calls North and Southrail relocation inadequate and violative of international human rights standards

Officers from the Centre on Housing Rights and Evictions (COHRE), namely Annie Feith and Lisa Giufre, came to the Philippines a 9-day visit (July 18 to 27) to find out the housing rights situation of those affected by the Northrail and Southrail Project.

They visited families facing eviction and those already evicted in three relocation sites (Towerville, Northville IV in Bulacan and Southville in Cabuyao, Laguna) as well as Philippine National Railways and National Housing Authority officials. They discovered the following:

People do not have access to electricity and potable water. This means that drinking water must be bought.

It is extremely difficult for families to earn a livelihood being located so far from Metro Manila. Up to 70% of relocatees go back to the city to live and work during the week, returning to their families only on weekends. A significant proportion of income is spent on transport.

In Southville, the adjacent dumpsite produces a foul smell and many health hazards. Some houses are within a few meters of the dump. The poor drainage and close proximity to the dump means that when flooding occurs, polluted water floods the houses. At least 6 children have died of diarrhea this year.

Schools and health services are inadequate in each location visited. For example in Southville, part of the school is housed in a tent, there is no water for the two small toilets, children must pay for drinking water, and the teachers work 3 four hour shifts because both human and physical resources are not sufficient to serve the 3000+ children attending.

While conditions in slums along the railway are far from adequate, the people said that it was much easier for them to make a living in the city. “It was clear that surviving with dignity in a place like Southville is very difficult”.

The Philippines got the attention of the participants at the World Urban Forum III in Vancouver, Canada when it opened on June 19. Habitat International Coalition, an international NGO with consultative status at the United Nations, cited the Philippines as one of the governments who conducted massive forced evictions and committed human rights violations in the name of development, such as Zimbabwe, Nigeria, and India. Mr. Miloon Kothari, UN Special Rapporteur on adequate housing, emceed the activity. “The Northrail and Southrail project in the Philippines will, when completed, have evicted and displaced an estimated 150,000 families, with inadequate relocation alternatives,” Kothari said. A Philippine delegation of housing officials led by Vice President Noli de Castro attended the WUF. In one of the WUF forums, a HIC delegation told VP de Castro that his so-called “incremental development” of relocation sites which means transferring people to sites that are not prepared and inadequate violated international housing standards as well as the Philippine government practice of making affected families sign “waivers” to their rights.COHRE is an international human rights organization working in the field of housing rights. Together with its Philippine partners, Urban Poor Associates (UPA) and Grasroots Women Empowerment Center (GWEC),

COHRE works closely with the United Nations, advocating that governments fulfill their international and national legal obligations to ensure adequate housing for all. -30-
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