impression that the relocated community would only be residing in the vicinity temporarily. Section 1(n) of the IRRs also provides that the only other requirements for a temporary relocation site are ‘accessib[ility] to major roads with potable water’. This does not meet the higher standards required for permanent relocation sites established by other sections of the UDHA and by international law. The contemplation by the UDHA and IRRs of temporary relocation, attached to which are considerably lower standards required of government, makes the general enforcement of international standards on resettlement uncertain. To comply with the standards established by international human rights law it is preferable that the law mandates permanent relocation as a precondition of eviction and demolition. The IRRs appear to be drafted in such a way as to presuppose permanent relocation, although this is not prescribed. Section 3(3)(b) of the IRRs discuss matters in the resettlement sites, noting that ‘[o]rganized community-based structures shall be strengthened so as to facilitate the delivery of services in the site’74 and ‘adequate social services in health, nutrition, education, responsible parenthood, environmental sanitation, etc. shall be provided in resettlement sites’. 75 The UDHA itself also stipulates requirements for resettlement areas, noting, at section 21: ‘Socialized housing or resettlement areas shall be provided by the local government unit or the National Housing Authority in cooperation with the private developers and concerned agencies with the following basic services and facilities: (a) Potable water; (b) Power and electricity and an adequate power distribution system; (c) Sewerage facilities and an efficient and adequate solid waste disposal system; and (d) Access to primary roads and transport facilities. The provision of other basic services and facilities such as health, education, communications, security, recreation, relief and welfare shall be planned and shall be given priority for implementation by the local government unit and concerned agencies in cooperation with the private sector and the beneficiaries themselves.’ The specification of required standards in resettlement sites promotes the enjoyment of human rights by those subject to eviction and resettlement sites and prima facie complies with standard 3.12 concerning resettlement. However, some concern remains about the delivery of these services. Although the UDHA mandates the provision of water, electricity supply, sewerage facilities, waste disposal and access to transport infrastructure, other essential services including health, education, security, social welfare and livelihood opportunities are not required to be provided, but are merely to be ‘planned’ and ‘given priority for implementation’. It is not clear why the Act distinguishes between these two different categories of essential services. Perhaps law-makers deemed the former category to be more essential in character than the latter. Nonetheless, the international standards require that all essential services are to be immediately available in resettlement sites upon arrival of the evicted community. In relation to both categories of services, the UDHA is also unclear as to when these must be provided. There is no specific requirement that these services must be 74 75 s. 3(3)(b), 2.0. s. 3(3)(b), 3.0. 41

Select target paragraph3