16 October 2009 Her Excellency, Gloria Macapagal-Arroyo President of the Republic of the Philippines New Executive Building Malacanang Palace J.P. Laurel Street, San Miguel Manila NCR 1005 Philippines Reference: Violation of human rights at Pechayan Barangay, North Fairview, Quezon City Killing of two villagers defending their land and housing rights Dear Madam President, The Centre on Housing Rights and Evictions (COHRE) is an international human rights nongovernmental organisation based in Geneva, Switzerland, with offices throughout the world. COHRE works to promote and protect the right to adequate housing, including preventing and remedying forced evictions. COHRE is deeply concerned about reports of human rights abuses, including excessive use of force by private security guards resulting in the death of two villagers defending their homes in Pechayan Barangay, North Fairview, Quezon City from eviction. COHRE is concerned that these acts breach both domestic and international human rights law. According to reports received from human rights organisations, guards employed by a private individual, contesting ownership over the land, entered the village on 9 October 2009 and began erecting fencing. The Metropolitan Trial Court Branch 38 had recently found in favour of the private individual, and issued a writ of execution. The villagers started protesting when the security guards began erecting fencing beyond the boundaries specified in the court order. The security guards responded to the protests by opening fire at the villagers. Maria Myrna Porcare, community leader of the Samahan ng Magkakapitbahay sa Pechayan (SAMASAP) who was leading the protest was shot in the stomach. Her son, Jimyr Porcare, who rushed to her rescue was also shot and killed instantly. After the incident, the suspects were arrested and taken to the Crime Investigation Detection Unit (CIDU) in Camp General Tomas Karingal, Quezon City. They have been charged on two counts of homicide. COHRE is concerned about the increasing attacks against human rights defenders. As a State Party to the International Covenant on Civil and Political Rights (ICCPR), the Government of Philippines has a non-derogable duty to protect the right to life, as set out in Article 6 of the ICCPR. Furthermore, General Comment No 6 of the Human Rights Committee affirms that this obligation includes the requirement to “prevent and punish deprivation of life by criminal acts, but also to prevent arbitrary killing by their own security forces.� As a State Party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Government of Philippines is further legally obliged to protect the right to adequate housing, including the prohibition on forced evictions, as guaranteed under Article 11(1) ICESCR. The obligation to protect requires the Government to prevent third parties or non-State actors, including private individuals, from violating the enjoyment of economic and social rights, including the right to adequate housing. Where rights are violated by third parties, it is the responsibility of the Government to hold violators accountable and to provide remedies to victims of such violations.
Particularly in cases of eviction, a number of safeguards need to be followed in order for an eviction to be legal. According to General Comments Nos. 4 and 7 of the Committee on Economic, Social and Cultural Rights, which is mandated to monitor compliance with the Covenant, forced evictions can only be justified in highly exceptional circumstances and all feasible alternatives to eviction must be explored in meaningful consultation with the persons affected. Such exceptional circumstances generally only exist where evictions are necessary in the public interest. Even in those rare cases where eviction is considered justified, it must be carried out in strict compliance with international human rights law and in accordance with general principles of reasonableness and proportionality. These include, inter alia Genuine consultation with those affected; Adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; Information on the proposed evictions, and where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; Especially where groups of people are involved, government officials or their representatives to be present during an eviction; All persons carrying out the eviction to be properly identified; Evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; Provision of legal remedies; and Provision, where possible, of legal aid to persons who need it to seek redress from the courts.
The attempted fencing of the land by the guards of a private individual was an attempted forced eviction, and therefore a violation of the right to adequate housing of those affected. The Government of the Philippines, by failing to prevent these illegal acts committed by private individuals, breached its duty to protect the right to adequate housing of the families. COHRE strongly condemns the killings and urges the Government of Philippines to:
Order an impartial and independent inquiry into the violence on 9 October 2009 and promptly make the findings public; Ensure all those responsible for the human rights violations are prosecuted; Guarantee the security and safety of community members and ensure that individuals engaged in defending their rights can do so without fear of violence or harassment; Ensure that the right to adequate housing is protected at all times by enforcing the prohibition of forced evictions against the private individual; Provide compensation to the family of the victims; Provide compensation for any material damage or loss caused by the guards during the fencing.
Thank you for your time and consideration. Yours sincerely,
Salih Booker Executive Director Please send your response to the address given above, or to hannah@cohre.org
CC: Mr. Noli De Castro Vice President of the Philippines Chairman, Housing and Urban Development Coordinating Council Ms. Leila De Lima Commissioner Commission on Human Rights Deputy Director General Jesus A. Verzosa Chief, Philippine National Police (PNP) Ms. Agnes Devanadera Secretary Department of Justice (DoJ) Ms. Raquel Rolnik United Nations Special Rapporteur on Adequate Housing