The Commission on Human Rights (CHR) said yesterday it is likely to endorse a moratorium on demolitions and forced evictions, as it expressed support for the Supreme Court’s plan to expand the coverage of the writ of amparo to protect people against demolitions.
In a dialogue with urban poor groups, CHR chairwoman Leila de Lima said they might come out with a resolution calling for a moratorium on demolitions and forced evictions as a response to the clamor of the urban poor sector against “illegal demolitions notoriously” carried out by the Metro Manila Development Authority (MMDA) and some local government units (LGUs).
‘Lina law’ not enough
The CHR also announced plans to merge terms with non-government organizations Urban Poor Associates (UPA) and Task Force Anti-Eviction in a manifesto that aims to push for the amendment of the Urban Development and Housing Act (UDHA) of 1992 or Republic Act 7279. It is also known as the Lina law, after its principal author, Jose Lina.
The manifesto presented during yesterday’s dialogue between the CHR and urban poor called for the amendment of the UDHA to ensure that the law protects the welfare and rights of informal settlers.
“The manifesto presented… represents the first giant step forward for the commission on the cause of putting an end to illegal demolitions and forced evictions,” De Lima said.
She said the UDHA failed to address the unjust and inhumane demolition and forced eviction of informal settlers in Metro Manila and the LGUs failed to fully implement the provisions of the law and the Constitution.
De Lima also said LGUs and lawmakers should go beyond recognizing flaws of the UDHA. She urged the local governments and concerned agencies to immediately take action by coming out with local legislations and ordinances that would prohibit the unjust demolitions and forced evictions of urban poor.
She then stressed the significance of fostering cooperation between organized urban poor groups and various mayors in the metropolis.
“Before the passage of any amended law on the UDHA, the LGUs must be on board and supportive of alternatives to forced evictions and (in) proactively preventing illegal demolitions,” De Lima noted.
SC urged to expand amparo soon
Meanwhile, De Lima hailed the SC for considering an expansion of the writ of amparo to include the protection of people against demolitions.
De Lima said the move of the SC is “a very important development,” especially since there “has hardly been any declared support from the executive branch and LGUs,” while legislative support will take time.
The UPA urged the SC to come out with an expanded writ of amparo soon, believing that it will be a helpful mechanism to favor the urban poor “who mostly fall victims to demolitions and forced evictions.”
However, De Lima, advised the urban poor to continue with the struggle against demolitions and forced evictions with sobriety and not with anger, violence or dissidence.
She pointed out that “we need to be very deliberate in our efforts” in order to obtain the cooperation of key sectors of government and civil society.
“The gains are still small, but they are promising… we will attain the justice for all informal settlers not by indignation, but with clarity of thought,” De Lima said.
De Lima told the urban poor groups’ representatives to help find alternatives to forced evictions and suggest solutions instead of just expecting the government to devise solutions.