impression that the relocated community would only be residing in the vicinity
temporarily. Section 1(n) of the IRRs also provides that the only other requirements for
a temporary relocation site are ‘accessib[ility] to major roads with potable water’. This
does not meet the higher standards required for permanent relocation sites
established by other sections of the UDHA and by international law.
The contemplation by the UDHA and IRRs of temporary relocation, attached to which
are considerably lower standards required of government, makes the general
enforcement of international standards on resettlement uncertain. To comply with the
standards established by international human rights law it is preferable that the law
mandates permanent relocation as a precondition of eviction and demolition.
The IRRs appear to be drafted in such a way as to presuppose permanent relocation,
although this is not prescribed. Section 3(3)(b) of the IRRs discuss matters in the
resettlement sites, noting that ‘[o]rganized community-based structures shall be
strengthened so as to facilitate the delivery of services in the site’74 and ‘adequate
social services in health, nutrition, education, responsible parenthood, environmental
sanitation, etc. shall be provided in resettlement sites’. 75 The UDHA itself also
stipulates requirements for resettlement areas, noting, at section 21:
‘Socialized housing or resettlement areas shall be provided by the local government unit or
the National Housing Authority in cooperation with the private developers and concerned
agencies with the following basic services and facilities:
(a) Potable water;
(b) Power and electricity and an adequate power distribution system;
(c) Sewerage facilities and an efficient and adequate solid waste disposal system; and
(d) Access to primary roads and transport facilities.
The provision of other basic services and facilities such as health, education,
communications, security, recreation, relief and welfare shall be planned and shall be given
priority for implementation by the local government unit and concerned agencies in
cooperation with the private sector and the beneficiaries themselves.’
The specification of required standards in resettlement sites promotes the enjoyment
of human rights by those subject to eviction and resettlement sites and prima facie
complies with standard 3.12 concerning resettlement. However, some concern
remains about the delivery of these services. Although the UDHA mandates the
provision of water, electricity supply, sewerage facilities, waste disposal and access to
transport infrastructure, other essential services including health, education, security,
social welfare and livelihood opportunities are not required to be provided, but are
merely to be ‘planned’ and ‘given priority for implementation’. It is not clear why the
Act distinguishes between these two different categories of essential services. Perhaps
law-makers deemed the former category to be more essential in character than the
latter. Nonetheless, the international standards require that all essential services are to
be immediately available in resettlement sites upon arrival of the evicted community.
In relation to both categories of services, the UDHA is also unclear as to when these
must be provided. There is no specific requirement that these services must be
74
75
s. 3(3)(b), 2.0.
s. 3(3)(b), 3.0.
41