HUMANRIGHTS ADVISORY
ara mle
HUMANRIGHTS STANDARDS ON HOUSING,
LAND AND PROPERTY RIGHTS OF POPULATIONS
AFFECTED BY TYPHOON YOLANDA
Recognizing the protectionissues that populations affected by Typhoon Yolanda
(Haiyan)face relating to housing, land and property rights, and the need to strengthen the
capacity and effectiveness of the Government andotherrelevant stakeholders to adopt
a rights-based approach to temporary and permanent relocation of internally displaced
persons;
Reaffirming the powerand function of the Commission on Human Rights of the
Philippines (CHRP) under Article XIII, Section 18(7) of the 1987 Philippine Constitution
to monitor the Government’s compliance with international treaty obligations on human
rights and, in the process, ensure the harmonization of domestic laws, policies and
regulations with international human rights norms, standards and principles;
Emphasizing that the 1987 Philippine Constitution provides the following: the
State values the dignity of every person and guaranteesfull respect for human rights; !
protectionofproperty and promotionof the general welfare are among the essentials for the
enjoyment byall the people of the blessings of democracy;" no personshall be deprived of
life, liberty or property without due processof law; the State should regulate the acquisition,
ownership, use and disposition of property to the end that Congress gives highest priority
to the enactment of measures that protect and enhance the right of all to humandignity,
reduce inequalities and removecultural inequities;* urban or rural poor dwellers shall not
;°
be evicted and/or resettled except in accordance with law andwith adequate consultation
and the State should protectthe rights of indigenous cultural communities to their ancestral
lands to ensure their economic, social and cultural well-being;
.
.
:
.
6
Emphasizing further that, in compliance with international commitments and
ing the
mandates of the 1987 Philippine Constitution, the Governmentpassed laws, includ
Climate Change Act of 2009 and the Philippine Disaster Risk Reduction Act of 2010 which
ced
protect the housing, land and property rights of disaster survivors and internally displa
mination
persons, the Special Protection for Children of Abuse, Exploitation and Discri
and
Act 1992 which cover circumstances which gravely threaten or endangerthe survival
or calamity
normal developmentof children whoare victims of man-made,natural disaster
affected by
and the Magna Carta of Women of 2008 whichprotects the rights of women
in
Bwhe
disasters and calamities;
6
Article II, Section 11, 1987 Constitution of the Republic of the Philippines.
Article Il, Section 5, 1987 Constitution of the Republic of the Philippines.
Article Ill, Section 1, 1987 Constitution of the Republic of the Philippines
Article XIII. Section 1, 1987 Constitution of the Republic of the Philippines.
Article XIII, Section 10, 1987 Constitution of the Republic of the Philippines.
Article XII, Section 5, 1987 Constitution of the Republic of the Philippines