guides the future development of policies and housing programmes. This document,
however, provides little guidance with respect to human rights or eviction and
demolition programmes. It does identify problems of previous experiences with
resettlement projects, most notably that there is a disconnect between the
implementation of resettlement and the provision of livelihood for those resettled.84
Moreover, the Framework also raises the sustainability of resettlement sites as a major
impediment to effective urban development and housing.85
Section 7 of the UDHA requires all city and municipal governments to identify
underutilised lands within their jurisdictions, creating an ‘Inventory of Lands’. This
inventory must be updated and provided to HUDCC every three years. Using this
inventory, section 8 requires LGUs, in coordination with various housing and other
government entities, to identify lands appropriate for social housing and for
resettlement sites. Section 8 also requires any government-owned lands not being
used for a ten-year period to be immediately transferred to the National Housing
Authority, subject to the approval of the President or the LGU concerned. Sections 9
to 13 establish the various means by which lands may be acquired for the purpose of
social housing.
HUDCC has made available to LGUs detailed guidelines on the preparation of the
inventory of lands to be made available for social housing and the acquisition,
valuation and disposition of lands. These guidelines provide explicit detail on how
LGUs may go about meeting their obligations under the UDHA. However, they are not
law and cannot bind LGUs to act in accordance with their terms.
There is some concern that the design of this framework is inimical to the protection of
human rights during the resettlement process. Whether communities are effectively
resettled and provided with adequate housing in accordance with international human
rights standards will largely depend upon the enabling capacity of the institutional
framework. In other words, the law should explicitly provide responsibilities for
individual government entities to undertake discrete functions to ensure compliance
with international human rights standards. This capacity is inhibited where there is an
absence in the law of clearly defined responsibilities for government to undertake the
specific tasks required to facilitate community resettlement and provide housing.
During roundtable discussion activities held with government stakeholders, a number
of agencies identified that the lack of compliance with these legislative provisions was
preventing the implementation of efficient housing programmes, and the identification
and acquisition of lands for social housing projects.
Although the UDHA contemplates the measures by which this shall be realised,
through the creation of an inventory of lands and the identification within those lands
of sites suitable for social housing, it does not sufficiently stipulate each government
entity responsible for the performance of these measures. Sections 7 and section 8
identify a collection of agencies, and LGUs, responsible for the single functions of
creating the inventory of land and identifying social housing sites. It is clear that all city
and municipal governments must conduct the inventory and submit it to HUDCC every
three years. However, it is not clear which agency or entity is responsible for other
84
Housing and Urban Development Coordinating Council, National Urban Development and Housing Framework: 2009-2016, 2009,
pp. 27 and 78.
85
Ibid, pp. 94 and 100.
54 Human Rights in the Rubble