The Urban Development and Housing Act also requires that private sector actors jp
resettlement development and housing construction are invited to participate in any
consultative process."!
The Implementing Rules and Regulations of the Magna Carta of Womenrequire
that all levels of government ensure that women participate in every phaseof relief,
recovery, rehabilitation and reconstruction after natural disasters to ensure a gender
sensitive response.””
26.
The Commission advises that all persons displaced by Typhoon Yolanda must be
consulted according to these standards before they are resettled or prevented from
reconstructing their original dwellings. It is recommended that comprehensive
information dissemination and widespread community-based consultations are
conducted as part of the resettlement activities of the Government to ensure
compliance with these standards.
“No-Build Zones” or “No-Dwelling Zones” vis a vis Evictions, Demolition and
Resettlement
The Commission is aware of the extensive demarcation of “no-build zones” and
othervariants, including “no-dwelling zones” by the Department of Environmentand
Natural Resources (DENR), Department of Public Works and Highways (DPWH)
and other agencies and LGUsto prohibit the reconstruction of many residential
dwellings destroyed by Typhoon Yolanda.’ In view of this widespread practice
the Commission issues the following advice, which should be observed during the
implementation and enforcementof any “no-build or no-dwelling zones”.
International Human Rights Standards
Forced evictions are prima facie incompatible with State obligations under
internationallaw to protect the right to adequate and decent housing.**
The Governmenthas a duty to establish conditions and provide means that allow
displaced people to return voluntarily - in safety and with dignity - to their homes
or places of habitual residence orto resettle voluntarily in another part of the
Philippines.*° “No-build zones”, which prevent people from voluntarily returning to
their original places of residences andrequire them to involuntarily resettle in other
41
42
43
44
Sec. 24, Republic Act No. 7279, Urban Development and Housing Act of 1992.
Sec. 13(B.), Implementing Rules and Regulations, Republic Act No. 9710, Magna Carta of Womenof 2008.
Based on numerous reports available online at: http:/www.philstar.com/headlines/2013/11/24/1260147/
dpwh-denr-identify-no-build-zones-leyte-dpw,
http://ph.news.yahoo.com/no-build-zone-yolanda-areas-strictlyimplemented-180611516.html,
http://www.sunstar.com.ph/breaking-news/2013/12/13/tacloban-passes-40-
meter-no-build-zone-ordinance-318688,
http://www.usnewslasvegas.com/provincial/tacloban-city-sp-yet-totransmit-40-meter-no-dwelling-zone-ordinance-to-office-of-the-mayor/,
http://cityofbacolod.com/2014/02/02/
no-build-zone-in-yolanda-areas-strictly-implemented/, http://news.pia.gov.ph/index.php?article=1141390188677
Para. 18, Committee on Economic, Social and Cultural Rights, General Comment No. 4 on the Right to Adequat’
Housing
Principle 28.1, UN Guiding Principles on Internal Displacement.