Lawmaker proposes code of conduct for shanty demolition

MANILA, Philippines - A lawmaker has proposed what he called a code of conduct for authorities in undertaking eviction of informal settlers to avoid violence during the conduct of demolitions.

Parañaque City Rep. Gustavo Tambunting has filed House Bill 182, seeking to craft a Code of Conduct for Demolition and Eviction of Homeless and Underprivileged Citizens.

He said the code of conduct should be followed by the police and concerned government agencies in an effort to minimize, if not totally avoid, injuries or deaths that usually accompany demolitions.

“The outbreak of violence during the conduct of demolition of our urban and rural poor brethren has not only hogged the headlines, it has unfortunately led to instances of severe injuries as well as to the loss of lives,” Tambunting said.

He said the difficulties of coordinating various stakeholders, including agencies of government “have led to clashes in jurisdiction typified by the equally unfortunate incident of a court sheriff’s run-in with a local chief executive aired over local and international media, and which caused embarrassment and consternation among citizens.”

Tambunting was referring to an incident in 2011 wherein then Davao City Mayor Sara Duterte punched a local sheriff leading the demolition of shanties in the city.

“However, while these are sad enough, the trampling of basic human rights on both sides of the fence during these incidents is something that is cause for concern. Thus the need for a more comprehensive and effective means of coordinating various stakeholders and government agencies,” he said.

HB 182 said the government recognizes the inherent right to life and to adequate housing of every citizen; hence it shall be the policy of the state to discourage the practice of eviction and demolition.

However, the bill acknowledges cases where eviction is allowed by existing laws, including instances where the demolition of homes and the eviction of homeless and underprivileged citizens are inevitable. The state will ensure that all measures will be undertaken to avoid violence.

Under the measure, law enforcement personnel will participate in such activities within clearly delineated protocols, and that full cooperation between local government units and various stakeholders is undertaken for the purpose of ensuring that the demolition will proceed in a just and humane manner.

The measure provides for minimum requirements for the proper conduct of demolition or eviction of urban and rural poor dwellers in addition to the safeguards provided for in Section 28 of Republic Act 7249, otherwise known as the Urban Development and Housing Act of 1992.

It said any person, including concerned departments and agencies of the national government, local government units, which propose to undertake demolition and eviction activities shall secure, prior to the actual implementation of such eviction and demolition, a Certificate of Compliance from the appropriate national or local office of the Presidential Commission for the Urban Poor, which has been designated as the central coordinating body for demolitions under the bill.

It also provides that no demolition or eviction shall be undertaken without coordination with the barangay officials, concerned departments, agencies and local government units.

The participation of the police and other law enforcement personnel in any demolition and eviction activity shall be limited to peacekeeping.