EXECUTIVE SUMMARY
International human rights law explicitly recognises the right to an adequate standard
of living and to the continual improvement of living conditions for individuals and their
families, as well as the right to be free from arbitrary interference with one’s privacy
and family. Building on this normative core, strict and detailed requirements are
established by subsidiary instruments in relation to the eviction and resettlement of
individuals and families from their dwellings. The purpose of this review has been to
assess the performance of the Philippines in accordance with these standards
established by international human rights law.
The international standards set important benchmarks for the conduct of governments
during the planning and implementation of programmes that will cause the
displacement of populations of any size. Essential to the understanding of these
standards is that forced evictions are prima facie incompatible with international
human rights law, which must be a starting point to any analysis of the adequacy of
legal measures or lawfulness of government practice that result in forced evictions.
Responsibility firmly rests with government to establish that any related activities have
been undertaken in full compliance with international standards. Despite the
presumption that forced evictions will constitute a breach of international human rights
law, it is nonetheless recognised that government must be permitted to undertake
development projects in exceptional circumstances, which will inadvertently lead to the
eviction of families from their homes. It is essential, however, that any attendant
evictions and resettlement are conducted in a manner consistent with international
human rights standards.
In 2011 the Commission on Human Rights issued an Advisory on the Right to Adequate
Housing and the Humane Treatment of Informal Settlers, which provided guidance for
decision-makers on the basis of international human rights standards. The review
seeks in part to build on the foundations of this instrument, to influence law and policy
reform from the perspective of international human rights law.
The review has observed both the performance of legal institutions and government
agencies in the course of the eviction and resettlement process. This has been
achieved through analysis of domestic law and policy materials, as well as extensive
fact-finding in urban poor communities and resettlement sites, to obtain a picture of
de jure and de facto compliance with relevant international standards. Individual and
group consultations were also held with stakeholders from government and civil
society with a view to incorporating their perspectives into the review.
Although the evidence gathered by the review is extensive, significant difficulties were
experienced during the collection of information. The absence of a freedom of
information framework in the Philippines, the inability to formally obtain or request
documents and relatively modest resources all inhibited the capacity of the review to
gather comprehensive detail of government policies and the position of those affected
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