expected to properly and independently review the activities of the local government
of which they are largely composed.
(c)
Fragm entation of Service Delivery and Responsibilities
A recurring theme in the analysis of the institutional regime is the inability of the law to
sufficiently define clear and discrete responsibilities for the array of government actors
in the eviction and resettlement process.
An unusual absence in the legal regime, in particular section 28 of the UDHA which
regulates the conduct of evictions, is the stipulation of a specified body to undertake
evictions. As discussed in Chapter 5, the law provides detailed guidance on the
mechanisms and protection of evictions, yet it is silent on the intended audience of
these provisions. Section 28(b) of the Act authorises evictions in cases where
‘government infrastructure projects with available funding are about to be
implemented’. This intimates that any government entity that implements anything
which could be deemed an ‘infrastructure project’ could be permitted to conduct
evictions. The MMDA and DPWH are the national agencies which typically undertake
infrastructure development, but this could also be undertaken by LGUs in the case of
smaller-scale, local projects. Other national agencies may also be involved in evictions
where relevant to their subject matter jurisdiction. The Department of Environment
and Natural Resources (DENR), for instance, will be involved in evictions which relate to
the removal of structures encroaching on waterways, as per section 28(a) of the UDHA.
That there is a range of government actors in effect authorised to conduct evictions is
problematic for the enforcement of human rights standards. This requires all
responsible implementing authorities to be aware of and willing to abide by legal
protections prior to, during and subsequent to evictions. The same problem exists
within the IRRs relative to the consultations required prior to evictions, which only refer
to the ‘LGU or concerned government agency’.98
This broad distribution of authority during the eviction and resettlement process and
the sheer number of agencies permitted to conduct evictions can only increase the
likelihood of non-compliance. The lack of coordination among institutions has already
been identified by other studies as a barrier to effective housing policy
implementation 99 and can also inhibit the effective enjoyment of housing-related
human rights. A framework that is designed to protect individuals and communities
from the effects of human rights abuses should explicitly define its jurisdictional scope
when creating obligations for responsible entities.
To encourage compliance with human rights standards, the law should also identify (or
establish) a single institution responsible for the conduct of evictions. A specialised
and independent eviction agency or institution will be better equipped to comply with
relevant law and would streamline the protection of human rights standards within the
urban development process.
98
99
For example, s. 1(3)(3.0).
See: UN-HABITAT, Innovative Tenure in the Philippines: Challenges, Approaches and Institutionalization, 2012, p. 45.
58 Human Rights in the Rubble