CHAPTER 7
CURRENT RESETTLEMENT PROGRAMME
In assessing Philippine compliance with international human rights standards, it is
appropriate to turn briefly to the Government’s current flagship resettlement initiative.
As this programme is in its early stages of implementation a full consideration of the
initiative’s compliance with human rights standards, through community fact-finding
and other similar activities, is not presently viable. However, some initial policy
developments provide an interesting example of how the Government is approaching
resettlement on a massive scale and merit some analysis.
7.1
Programme Details
In December 2008 the Philippine Supreme Court handed down a ruling in MMDA v.
Concerned Residents of Manila Bay, 102 which required by writ of mandamus that
numerous government development agencies commence a large-scale clean up
operation of the Pasig River and its tributaries to eliminate all sources of environmental
contamination. Recognising that the informal settler population living on or near these
waterways was a principal cause of water contamination, the decision directed the
Metro Manila Development Authority to remove and relocate all informal settlers
residing in these areas, and demolish their dwelling structures. The Court set a
deadline of 31 December 2015 for the complete removal of all informal settlers in areas
subject to the jurisdiction of the mandamus.103
In December 2010 the President of the Philippines committed 10 billion pesos per year
over five years to the resettlement of all informal settlers in the NCR that are living in
danger zones. That is, in areas identified as at risk from the effects of natural disasters.
This initiative was commenced in the aftermath of typhoon Ondoy, which decimated
many informal settlements in the NCR, leaving hundreds dead and many more injured.
This funding commitment was to ensure that the urban poor communities would be
assisted in their resettlement to safer areas.
A National Technical Working Group (NTWG) was established to develop the policy
and legal framework for the implementation of the 50 billion peso fund. The NTWG is
chaired by the Department of Interior and Local Government (DILG) and is comprised
of a variety of stakeholders with interests in urban development, including government
implementing agencies, advisory agencies and urban poor sector representatives from
civil society. The NTWG has recently finalised a draft version of the policy guidelines,
102
Metro Manila Development Authority v. Concerned Residents of Manila Bay et al, 18 December 2008, GR Nos. 171947-48
(judgment), para. 8 (orders).
103
Metro Manila Development Authority v. Concerned Residents of Manila Bay et al, 15 February 2011, GR Nos. 171947-48 (resolution
on judgment), para. 8 (orders).
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