‘strengthen the effectiveness of the Commission on Human Rights of the Philippines,
inter alia, by including the protection and promotion of economic, social and cultural
rights in its mandate and by allocating adequate financial resources for the
implementation of the Commission’s investigative and monitoring functions.’
The Committee also expressed regret that the majority of its 1995 recommendations
relating to the prevention of forced evictions had not been acted upon. Moreover,
deep concern was raised for the significant number of individuals evicted between
1995 and 2008, as well as the inadequacy of measures to provide those affected with
compensation or adequate relocation sites. The Committee made the following
recommendations34 to the Government to be adopted as a matter of priority as a
measure to ensure compliance with article 11(1) of the ICESCR on the right to
adequate housing:
i.
Ensure the effective implementation of the Urban Development and Housing
Act (UDHA) of 1992 (Republic Act No. 7279) and other laws and regulations
prohibiting illegal forced evictions and demolitions;
ii.
Reinforce the mandate of the Presidential Commission for the Urban Poor “as
the sole clearing house for the conduct of demolition and eviction”, in
accordance with Executive Order No. 152 of 2002;
iii. Undertake open, participatory and meaningful consultations with affected
residents and communities prior to implementing development and urban
renewal projects;
iv. Ensure that persons forcibly evicted from their properties be provided with
adequate compensation and/or offered relocation, in accordance with section
28 of the UDHA and the guidelines adopted by the Committee in its general
comment No. 7 (1997) on forced evictions; and
v.
4.2
Guarantee that relocation sites are provided with basic services (including
drinking water, electricity, washing and sanitation facilities) and adequate
facilities (including schools, health care centres and transportation) at the time
the resettlement takes place.
Universal Periodic Review
The Universal Periodic Review (UPR) is a recently established function of the UN Human
Rights Council (HRC) to examine State compliance with human rights obligations under
international law. Unlike the Committee on ESC Rights and other treaty-based
monitoring bodies, the UPR process analyses all core human rights instruments
applicable to the State under review. As the scope of the UPR is broader than the
treaty-based bodies, the analyses of particular subject matter issues, such as housing,
are likely to be less extensive. Nonetheless, the UPR proceedings also form part of the
framework of international human rights law and will be considered where they provide
34
Ibid, para. 30.
26 Human Rights in the Rubble