[RE: UA-152-2004: PHILIPPINES: 127 families lost their homes due to illegal demolition in Davao City on 15 November 2004]
The Asian Human Rights Commission (AHRC) is deeply concerned by the continuous inaction of the City government of Davao to comply to its ‘certification (proof) of availability of resettlement and relocation’ for the 127 families who were forcibly evicted in Dacudao Compound, Agdao, Davao City on 19 October 2004, despite the request of the Presidential Commission for the Urban Poor (PCUP).
In her letter to the AHRC dated 1 March 2005, PCUP Commissioner Luzviminda B. Salcedo, Field Operations Division for Mindanao, cited the City Government’s failure to comply with the certification, saying, “The Commission required the City Government of Davao to issue certification (proof) of availability of resettlement and relocation for them (evicted families), which the City had submitted. However, sad to say, the certification merely became a scrap of paper.”
In the letter, she also said that the PCUP appealed to the City Government to afford the affected families the resettlement and relocation. The PCUP issued the ‘Demolition and Eviction Clearance’ to the City Government. However, as confirmed, the Davao City Government has taken no serious action to rehabilitate and resettle these evicted families.
According to the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR), to which the Philippines is a state party, evictions of this nature are illegal and the government is under international obligation to uphold the right to adequate housing and provide adequate compensation and rehabilitation to evictees. Therefore, the Davao City Government is also obliged to provide ‘relocation and settlement’ to the affected families who are in a desperate situation after loosing their homes.
The AHRC urges you to immediately send a letter to the Davao City Government and pressure them to comply with the condition of the ‘Certification of availability of resettlement and relocation’ in this case. Please send letters to concerned government agencies to coerce the City Government to comply the Certification. It must be determined if the City Government could be held liable for its defiance. If found responsible, they must be dealt with accordingly.
BRIEF REMINDER OF THE CASE:
The contested property is about 12,863 sq. meters or 1.2863 hectares, declared as open space for public market by Dakudao and Sons, in its approved subdivision plan on 9 September 1957, which consist of Block 3, lot 1, in the approved subdivision plan of Dakudao & Sons, by which the express provision of law was supposedly automatically donated to the City Government of Davao.
On 19 October 2004, 127 families (254 individuals, excluding children) from the Gov. P. Bangoy Sitio Dacudao Homeowners Association and 30 families renting, were affected by the illegal demolition that took place in the land of Dacudao Compound, Davao City, Mindanao, Philippines. The demolition was conducted by 800 men hired by the Dacudao & Sons, along with some 200 government officials, who arrived with dump trucks and bulldozers. Having nowhere else to go, these people built shanties along the road just in front of the demolition site. However, on November 4, the shanties were also demolished by the City Engineers Office of Davao City, who said the shanties were road obstacles/hazards. (See further: UA-152-2004 and UP-73-2004)
PLEASE SEND A LETTER TO:
Hon. Rodrigo Duterte
City Government of Davao
City Hall Building, San Pedro Street
8000 Davao City
Fax no: +63 082 224-5885
SEND A COPY TO:
1. Hon. Luzminda B. Salcedo
Presidential Commission for the Urban Poor
Field Operations Division for Mindanao
D-12, Pelayo Bldg., J. Luna Street
8000 Davao City,
Telefax: +63 82 226 2492
2. Vice-Pres. Noli de Castro
Housing and Urban Development Coordinating Council
Office of the President
6th Floor Atrium Building, Makati Avenue
Makati City 1200
Fax: +63 2 811 4118
3. Ms. Gloria Macapagal Arroyo
Republic of the
JP Laurel St.
, San Miguel
Manila NCR 1005
Fax: +63 2 929 3968
4. Atty. Alberto B. Sipaco, Jr.
Commission on Human Rights (CHR XI)
Trinity Bldg. II,
Davao City 8000
5. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Att: Ms. Cecilia Moller
C/o OHCHR, 1211 Geneva 10, Switzerland
Tel: +41 22 917 9265
Fax: +41 22 917 9010
To support this case, please click here: SEND APPEAL LETTER
Dear Hon. Duterte,
Re: Philippines: Davao City government's failure to comply with the 'Certificate (proof) of availability of resettlement and relocation' to 127 families affected by demolition in Dacudao Compound, Agdao, Davao City
I am writing to seriously express my concern regarding the City Government's failure to comply with the provision of 'resettlement and relocation' to 127 familes who were forcibly evicted form their houses in the land of Dacudao Compound, Davao City, Mindanao, Philippines on 19 October 2004.
I was informed that your City Government has ignored the request of the Presidential Commission for the Urban Poor (PCUP) which required the City Government of Davao to issue certification (proof) of availability of resettlement and relocation for them (evicted families), which the City had submitted.
Davao City Government is under obligation to uphold the right to adequate housing and provide adequate compensation and rehabilitation to evictees, as the Government of Philippines has ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). In addition, it is the City Government's fundamental duty to ensure the security of its under privileged constituents, in particular, the Urban Poor who are now forced to live in cities. It is a betrayal of public trust if the government, which is supposed to uphold the rights of its constituents, continues to ignore its constituents.
I therefore urge your City Government to comply to the conditions set in the Certification it submitted to the Presidential Commission for the Urban Poor (PCUP) in Mindanao that guarantee the availability of relocation for the affected families. I also urge you to make a determined effort to provide 'relocation and settlement' to the affected families who are in a desperate situation after loosing their homes.
I hope your immediate intervention in this matter.
Urgent Appeals Programme
AHRC Urgen Appeals Programme