meetings appears limited to the 30-day notice period prior to the eviction.64
This process of consultation should be separate from and antecedent to
the official eviction notice period. Reasonable time is required for
communities to consider and propose alternatives to the eviction and seek
professional and legal advice on the implications of the project and the
eviction process. A 30-day period is not sufficient to include all aspects of
the consultative process, which must commence well before the 30-day
official eviction notice is rendered;
iii. Nowhere in the UDHA or in the IRRs are the special requirements of
vulnerable groups mentioned as part of the process of consultation. In
accordance with standard 3.5, it is essential for government to consider,
and request the input of communities about, the particular effects of the
project and eviction on women, children, people with disabilities, the
elderly, and other groups with special interests. This obligation must be
reflected in the regulatory regime; and
iv. The IRRs state that points of agreement and disagreement shall be
provided to affected parties and ‘[s]hould any party refuse to sign the
agreement, the same shall be posted in the area’.65 This suggests that if
there is a disagreement between government and the affected community,
that the Government’s view will prevail and will be disseminated within that
community. Standard 3.9 requires that where parties fail to reach
agreement those affected have recourse to some form of dispute
resolution body to mediate the issue and reach a fair outcome. Such a
procedure should be incorporated into the consultation process.
(b)
Provision of Com pensation
As mentioned, section 28 of the UDHA provides the conditions for eviction and
resettlement of affected communities. However, there is no provision in the Act for
compensation to be provided as a matter of course to those affected for damage to
their real or personal property, or other forms of assessable damage incurred during
the course of the eviction process. The only provision for compensation can be found
at section 28(8), which requires ‘financial assistance in the amount equivalent to the
prevailing minimum wage multiplied by sixty (60) days shall be extended to the
affected families by the local government unit concerned’. This is only for evictions
pursuant to a court order and only if relocation is not possible within a 45-day period.
Importantly, there is no stipulation as to the purpose of this financial assistance. The
Act is unclear as to whether compensation is to assist those affected during their
resettlement, if there is a delay, or if it is designed to be a payment in lieu of
resettlement. This matter came before the Philippine Supreme Court in Galay v. Court
of Appeal,66 in which a group of urban poor citizens subject to eviction requested the
court to determine inter alia ‘whether there can be eviction and demolition without
actual relocation’. The Supreme Court upheld the decision that there was no
64
See: s. 3(1)(e), 4.0.
s. 3(1)(e), 3.0.
66
G.R. No. 120132 December 4, 1995.
65
36 Human Rights in the Rubble