COHRE Protest Philippines Manila 2010

83 rue de Montbrillant 1202 Geneva Switzerland Tel: Fax:

+41.22.734.1028 +41.22.733.8336

His Excellency President Benigno Aquino III Malacanang Palace JP Laurel Street, San Miguel Manila NCR 1005 Republic of the Philippines 30 September 2010 Re: Violation of housing rights of 2,000 families of Barangay (village) Bagong Pagasa, Quezon City, Metro Manila Your Excellency, The Centre on Housing Rights and Evictions (COHRE) is a human rights organisation based in Geneva, Switzerland, with offices throughout the world. COHRE has consultative status with the United Nations and works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.

COHRE is deeply concerned about the violent attempt to demolish the homes of about 2,000 families of Sitio (sub-village) San Roque, Barangay Bagong Pagasa, North Triangle, Quezon City, on Thursday, 23 September.

The community resisted the demolitions because there was a scheduled court hearing on that day about their petition to stop the demolition but the National Housing Authority (NHA) and the Metro Manila Development Authority (MMDA) initiated it.

COHRE welcomes the Temporary Restraining Order (TRO) issued on 23 September by Judge Maria Luisa Padilla of Branch 226 of the Quezon City Regional Trial Court that stopped the authorities from continuing with the demolition.

COHRE also welcomes Your Excellency’s instruction to the NHA on Friday, 24 September, announced by Executive Secretary Paquito Ochoa via Radio DZXL, to stop the demolition at Sitio San Roque and for the NHA to prepare a comprehensive relocation plan that does not involve violence.

COHRE would like to remind Your Excellency of the covenant signed with the urban poor during the campaign for the presidential elections. Your Excellency pledged that under your administration there would be no evictions without adequate resettlement areas being 1

agreed with the affected communities. In a meeting with urban poor representatives in Manila on 16 July 2010, Your Excellency promised to meet them every month to address urban poor issues. Since then there has not been any meeting with urban poor groups and your office has been silent regarding the proposals submitted.

Based on the information COHRE received, the demolition attempt was in violation of numerous national and international human rights obligations of the Government of the Philippines and, if carried out, would constitute illegal forced evictions.

Violations reportedly included:  

the use of force against residents trying to protect their homes from demolition; failure to provide adequate relocation in advance to residents affected by the road widening project. Adequate housing means that basic services such as water and electricity should be adequate and house construction of good quality.

COHRE strongly condemns the use of violence against residents, particularly against women.

Violence against people who try to protect their homes during illegal forced evictions breaches a number of international human rights standards the Philippines are obliged to follow, including the right to security of the person guaranteed under Article 9 of the International Covenant on Civil and Political Rights (ICCPR). The Basic Principles and Guidelines on Development Based Evictions and Displacement further clarify that no one shall be subject to attacks or acts of violence as a result of forced evictions, and that property and possessions, which includes housing, should be protected against destruction.

As a State Party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Government of the Philippines, including all State organs, is obliged to respect, protect and fulfil the right to adequate housing, as guaranteed under Article 11(1) ICESCR, and to refrain from the practice of forced evictions. Forced evictions can only be justified in exceptional circumstances, after genuine consultation with those affected, provision of legal redress, and must never cause homelessness. Authorities are obliged to give options for adequate alternative accommodation or compensation that enable those affected to find adequate accommodation elsewhere. Adequate alternative accommodation or compensation must enable those affected to live in adequate housing conditions and to continue their livelihoods with as little disruption as possible.

In light of the above, COHRE urges the Government of the Philippines to initiate extensive consultations with the affected communities in Barangay Bagong Pagasa, North Triangle, Quezon City to discuss and agree on:  an on-site socialised housing scheme, as proposed by the affected community; and  alternative adequate housing for those families who volunteer to be relocated; We also ask that the government conduct an independent investigation into the attempted forced eviction and ensure that all those responsible for human rights violations are held accountable.

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We look forward to your prompt response in relation to this serious matter. Please send any response to cohre@cohre.org. Thank you for your time and consideration.

Sincerely,

Salih Booker Executive Director cc: General Manager Atty. Chito Mil Cruz National Housing Authority (NHA) Mr. Herbert Bautista Mayor of Quezon City Chair, Vice President Jejomar Binay Housing and Urban Development Coordinating Council (HUDCC) Ms. Etta Rosales Chairperson, Commission on Human Rights of the Philippines (CHR) Ms. Rosario Gonzales-Manalo Commissioner, ASEAN Intergovernmental Commission on Human Rights (AIHCR) H.E. Do Ngoc Son Chairperson, ASEAN Intergovernmental Commission on Human Rights (AICHR) Ms. Raquel Rolnik UN Special Rapporteur on Adequate Housing

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