by eviction and resettlement programmes. Nonetheless, the evidence base of the
review is significant and has identified some alarming trends in government practice.
FINDINGS
The review has found that the various human rights protections embedded in
Philippine legislation generally promote the incorporation and enforcement of
international standards during evictions and resettlement.
However, and
notwithstanding the existence of these protections, the review has identified numerous
government failures to protect the human rights of those affected by eviction and
resettlement schemes.
Part A of these findings identifies the following deficiencies in Philippine law and
government practice:
Finding A1:
Protections for marginalised groups from the effects of discrimination during
evictions and resettlement are inadequate
Finding A2:
Punitive evictions are provided for at law and present in government practice
Finding A3:
Communities are not genuinely or adequately consulted prior to eviction and
resettlement
Finding A4:
Communities are not provided with adequate notice prior to evictions
Finding A5:
Adequate opportunities for on-site resettlement and restitution are not
available
Finding A6:
Adequate compensation is not made available to evicted and resettled
communities
Finding A7:
Adequate resettlement is not provided to those subject to eviction
Finding A8:
Adequate legal aid and effective remedies are not made available to those
subject to eviction and resettlement
Part B of the findings also identifies the following institutional deficiencies that, while
not directly relevant to specific rules of international human rights law, create an
environment that serves to inhibit the enjoyment of human rights during evictions and
resettlement:
Finding B1:
The devolution of eviction monitoring and dispute resolution functions to local
government has reduced compliance with the human rights protection regime
and promotes a conflict of interest within local government
Finding B2:
The distribution of authority for evictions and resettlement across a wide range
of government entities provides opportunities for non-compliance with the
human rights protection regime
A summary of the key findings of the review can be found in Chapter 9.
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