COHRE Protest Philippines Baclaran 2007

23 October 2007 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 Fax: 63-2 735 6167 Dear Madam President, Re: Eviction of over 1,500 families from Grand Mosque reclamation site in Baclaran, Pasay City 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 has consultative status with the Economic and Social Council of the United Nations and works to promote and protect the right to adequate housing for everyone, everywhere, including preventing or remedying forced evictions.

During a mission to the Philippines in October 2007, a three-member team from COHRE visited the Grand Mosque reclamation site in Baclaran, Pasay City. On a number of occasions since 1999, public authorities have repeatedly subjected the community to arbitrary raids; violent acts, including killings and other acts of bodily harm; and the destruction of property and housing.

During COHRE’s October visit, members of the community reported that on 24 January 2007, representatives of the Metro Manila Development Authority (MMDA), security forces, and other authorities, carried out a raid on the community, during the course of which four persons were fatally wounded by shooting, two of whom were minors. The four victims of the shooting were identified by the community as: as Poon Bastron, 32; Alex Ampatua, 30; Tinan Nadig, 17 and Acmad Son, 13. During the raid, public authorities also destroyed the makeshift pedestrian bridge connecting the community to Roxas Boulevard, thus isolating the community from the main thoroughfare to the markets where many residents sell their wares.

Later this year, on 7 June 2007, a group of over 1000 people, comprising of security police of the Philippine Reclamation Authority (PRA), police officers from the Pasay City Police and officers of the Special Weapons and Tactics (SWAT) unit, entered the site with bulldozers and dump trucks and demolished houses without a court order. Over 1,500 families were made homeless by the forced eviction. During the action, four people were reportedly injured and 10 arrested for throwing stones at the demolition team. The police force also cut off the water and electricity supply to the community and destroyed areas the residents used for performing ablutions before prayer. After

negotiations, the PRA agreed to spare the mosque from destruction until a relocation site had been found and agreed to pay ‘qualified’ families P30,000 (US670) in ‘disturbance pay’.

To date, after months residing in sub-standard conditions, without access to basic services of water, sanitation and electricity, the community has not been consulted regarding relocation plans and no site has apparently been identified. Furthermore, in a letter dated 4 September 2007, the PRA denied the entry of water rationing trucks into the area. These had been requested by the community during the fasting month of Ramadan. The justification provided in the letter for the denial of water provision was that reclamation work was going on in the vicinity.

These acts of violence and housing demolitions have also disrupted children’s schooling. Members of the community reported that over 30 children have stopped going to elementary and high school, not least because a barbed wire fence has been placed on the main access path leading to the local elementary school. The families also reported that seven children have been hospitalised for malaria and fatigue.

The COHRE team was further appalled to see that PRA guards have surrounded with barbed wire and placed under surveillance a group of approximately 376 families living around the mosque in temporary shelters constructed of tarpaulins.

COHRE is deeply concerned about the lack of genuine consultation surrounding the evictions and plans for relocation, the lack of access to basic services for the community, and the use of violence by the Metro Manila Development Authority (MMDA) and the Philippines Reclamation Authority (PRA) during the evictions and demolition. COHRE is concerned that these actions breach both domestic and international law, and ask that the PRA and MMDA take action to protect the affected families.

COHRE reminds the Government of Philippines that, 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."

Furthermore, section 28 of the Republic Act No. 7279, known as the Urban Development and Housing Act of 1992 (UDHA) states that "Eviction or demolition as a practice shall be discouraged." However, under certain circumstances evictions may be allowed, but must comply with eight mandatory requirements, including: "(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".

As a State Party to the International Covenant on Economic, Social and Cultural Rights, the Government of the Philippines is legally obliged to respect the right to adequate housing, including the prohibition on forced evictions, as guaranteed under Article 11(1).

According to General Comment No. 7 of the Committee on Economic, Social and Cultural Rights, which is mandated to monitor compliance with the Covenant, forced evictions can only be justified in very rare and exceptional circumstances and even then must occur in the context of specific procedural protections. Furthermore, and in any event, forced eviction shall not result in rendering individuals homeless or vulnerable to the violation of other human rights. Indeed, the Government of the Philippines is obligated to ensure that adequate alternative housing and compensation for all losses is made available to affected persons.

COHRE reminds the Government of Philippines that, under international human rights law, for forced evictions to be considered as lawful, they may only occur in very “exceptional 2

circumstances” and “all feasible alternatives” must be explored. If and only if such “exceptional circumstances” exist and there are no feasible alternatives, can evictions be deemed justified.

However, in those rare cases where eviction is considered justified, it must be carried out in strict compliance with international human rights law and in accordance with general principles of reasonableness and proportionality. These include, inter alia: • Genuine consultation with those affected; • Adequate and reasonable notice for all affected persons prior to the • Information on the proposed evictions, and where applicable, on

scheduled date of eviction; 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 are in need of it to seek redress from the courts.

Therefore, as a matter of urgency, COHRE urges the MMDA, the PRA and the Government of the Philippines to: 1.

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Ensure that the more than 1,500 families forcibly evicted by MMDA and PRA actions at the Grand Mosque site in Baclaran are provided with adequate housing, as well as with access to safe drinking water and sanitation, and medical services; Identify a plan for relocation, compensation, and the rehabilitation of the mosque and mosque community, in full consultation with those affected; Provide due legal remedy to persons who have suffered violations of domestic and/or international law as a result of the arbitrary raids that took place in January and June 2007; Order an impartial and independent inquiry into the violence on 24 January 2007 and ensure that all persons responsible for human rights violations, including forced evictions; the destruction of property; the excessive use of force, torture or other cruel, inhumane or degrading treatment; and related violations of domestic and/or international law, are prosecuted and that sanctions applied are proportionate and dissuasive.

We respectfully request to be apprised of any and all measures undertaken in this regard. We stand ready to continue to assist the Government of the Philippines in complying in full with its international legal obligations. Thank you in advance for all efforts.

Sincerely,

Jean du Plessis Deputy Director Centre on Housing Rights and Evictions 83 Rue de Montbrillant 1202 Geneva SWITZERLAND Fax: +41.22.733.8336 Email: evictions@cohre.org 3

CC: 1. Eduardo R. Ermita Executive Secretary Malacanang Palace, J.P. Laurel Street, San Miguel, Manila NCR 1005, PHILIPPINES Fax: 63-2- 7361076 Email: eremita@op.gov.ph 2. Honorable Noli L. De Castro Vice President Housing and Urban Development Coordinating Council 7th Floor, PNB Financial Center President Diosdado Macapagal Boulevard Psay City 1300 PHILIPPINES Fax: 63-2- 831 6676 Emai: vp@ovp.gov.ph 3. Andrea Domingo General Manager and CEO, Philippine Reclamation Authority 7th Floor, Legaspi Towers, 200 Building 107 Paseo de Roxas St, Legaspi Village, Makati City PHILIPPINES Fax: 63-2- 815 2662 Email: info@pea.gov.ph 4. Chairman Bayani F. Fernando Metropolitan Manila Development Authority MMDA Building EDSA corner Orense St. Guadalupe, Makati City PHILIPPINES Fax: 63-2- 882-4151 5. Ali B. Sangki Executive Director Office of Muslim Affairs Ablaza Bldg., 117 E Rodriguez Ave, 1102 Quezon City, Mero Manila, PHILIPPINES Fax: 63-2- 952 6419

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