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DILG-MC 2011-182 Right to adequate housing

DILG-MC 2011-182 Right to adequate housing

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02/04/2014

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REPUBLIC
OF
THE
PHILIPPINES
DEPARTMENT
OF
THE INTERIOR
AND
LOCAL
GOVERNMENT
A.
Francisco
Gold
Condominium
ll
EDSA
Cor.
MapagmahalSt.,Diliman
QuezonCity
rcdor
?*
2111
MEMORANDUMCIRCULAR
NO.
?r11
*
112
TO
SUBJECT
:
ALL
PROVINCIAL
GOVERNORS,
CrTY
MAYORS,
MUNICIPAL
MAYORS,PUNONG
BARANGAYS,
DILG
REGIONAL
DIRECTORS
AND
THE
ARMM
REGIONALGOVERNOR
:
COMMISSIONON
HUMAN
RIGHT
TO
ADEQUATETREATMENTOF
INFORMAL
RIGHTSADVISORYON
THE
HOUSING
AND
HUMAN
SETTLERS
In
furtherance
of
the
government's
effort
to
introduce
various
interventions
and
strategies
to
alleviate
problems
relevant
to
informal
settlers,
the
Commission
on
Human Rights(CHR)
in
its Advisory
CHR(IV)
No.
A2011-003
urges
all
stakeholders,especially
localgovernment
units
and
other
governmentagencies
to
adoptas
policy
the
standards
and
guidelines
set
forth
therein,
with
respect
to
adequatehousing,
eviction
and demolition,
andrelocation
of informal
settlers.
In
this
connection,
all
local
authorities
are
herebydirected
to
strictly
observe, and
ensurecomplete implementationof
the
requirements
contained
in the
Advisory,
a
copy
of
whichishereto
attached
as
Annex
"A"
and
formsan
integral
part
of
this
Circular.Likewise,
all
DILGRegional
Directorsand
the
ARMM
RegionalGovernor
are
directed
to
cause
the
immediate
and widest
dissemination
of
this
Memorandum
Circularand
monitor
local
government
compliance.
t\
,
ffiw
JESSF
M.
ROBREDOUSecretary
Republic of
thePhilippines
OEPARIMEI{T
OF
r|IE
INTERIORANO LOCAL GOVERI,II\IENIIN REPL'I4i|G, Pt
S
CITE:
srLG11-010850
il
lilltillilllilililililililil
ill lilll
l
l[
 
iii
v.:
ji'
a
Rep
u b
li
lea
rcg
P
liPinas
ff{erruf,syeim
ErS
Karmpatang
tranrtao
rng
Ffllf,pflqnas
(Commission
ort
Human
Rightsofthe
Philippine)
ON
THERIGHT
TO
ADEQUATEHOUSING
AT{DHTJMANE
TREATMENT
OF
INFORMAL
SETTLER,S
AnAdvisoryfrom
the
Commission
on
HgmanRights
CHR
(IV)
No.
dzor"l-oo3WHEREAS,
Article
II
section11
of
the
1987
Philippine
Constitution
declares
as
a
matter
of
policy
thatthe
Statevaluesthe
dignity
of
every
human
person
and
guarantees
full
respect
for
humanrights;
WHEREAS,
the
right to
adequate
housing
is
a
basic
human
right
r,r
hichisenshrined
in
andprotected
undervarious
International
Human
Rights
instrumentsthat
the
Philippines
has signedand
ratified;
WHEREAS,
Articlezgofthe
UniversalDeclaration
of
Human
Rights
declares
that
everyone
has
theright
to
a
standard
of
living
arlequate
for
the
healthand
well
being
of
himselfand
ofhis
famrly,
ir
cluding
food,clothing,
housing,
and
medical
care
and
necessary
sccial
services;
WHEREAS,
Article
11
of
the
International
Covenant
on
E,:onorlic,
Social
andCulturalRights
(ICESCR)
provides
that
State-
p:rrties "recognizethe
right
of
everyone
to
anadequate
standardof
living
lor
himselfand
his
famrly,including
adequate
food,
clothing
and
h,ntsing,
and
tothecontinuous
improvement
of
living
conditions";
WHEREAS,
under
theICESC&thePhilippine
government
has
theobligation
to
achieve
progressively
the
full
realizationof
the
right
to
acl.equate
housingand,
at
theminimum,
show
that
it
is
making
every
plssible
effort,
within
its
available
resources,
to
betterprotect
and
promotethis
right;t
?
6
L
'
trnited
NarionsOmce
of
the
High
Commissioner
for
HumanRights
(UN
OHCHR),Fact
Sheet
No.
2l
RighttoAdequateHousing,
$fa%apatang
pantao:Likas
Sa
Atin,
l'ungkulin
ruujil
commony,ealthAvenue,
u.P.
conrplex,
Diliman,lI0l,
Quezoncily,
Philippines
I
zl'/.
L
Tel.
Nos.
927-0172'
928-201
B'
928-5655
 
nl'
WHEREAS,
it
is
likewise
provided
in
Article
XIII
Section
ro
of
the
r98Z PhilippineConstitution
that
the urban
orruralpoor
dwellers
s
hall
not
be
evicted
nor
their
dwellings
demolished,
except
in
accordance
rrith
law
and
in
a
just
andhumane manner.Moreover,
no
resettlement
(rr
urban
or
rural
dwellers
shall
be
undertaken
without
adequate
consultation
with
them and
the
communities
where
they
are
to
be
r,elocated;
WIIEREAS,
in
compliance
with its
international
commitment,
t:re
Philippine
government
passed
Republic
Act No
7279,
otherwiseknown
as
the"IJrbanDevelopment andHousingAct
of
Lgg2"
(UDHA);
WHEREAS,the
local
government
units
(LGUs)areprimarily
charged
with
the
obligation
to
implement
the
UDH,\
in
coordination
vith
concerned
national
agencies,
the
private
sector
and other
non-
g
Dvernmentorganizations;
2
WHEREAS,
all
localchief
executives
(provincial
governors,
city
a:nd
municipal
mayors,
and
punongbarangays)
are
to
ensure
thathuman
rights
are
not
ignored
anddue
process
is
observed
prior
to, during,
and
a:'ter
demolitions;3
WHEREAS,
the
Commission
on
Human
Rights
is
mandatedu:rder
Article
XIII
Section
t9(il
to
monitor
thegovernment'scompliance
w
ithits
international
treaty
obligations
on
human
rightsand
in
the
p::ocess
ensure
the
harmonization
of
domesticlaws
with
international
hrrman
rightsnorms,
standards
and
principles;
RBCOGNIZING
the
vulnerabilityof
informal
settlers
in
the
face
o1'various
forcible
evictionsand
demolitionsoccurring
all
throughout
the
Ctr,Untry;
FURTHERRECOGNIZING
the
need
to
strengthen
the
capacity
arrd
effectiveness
of
concernedgovernmentagencies
and
:instrumentalities
in
pursuing
a
rights-based
approach
to
urbandrvelopment,
housing
and
treatment
of
informal
settlers;
WHEREFORE,
the
Commission
on
Human
Rights,
as
the
Nirtional
Human
Rights
Institution
mandated
to
promoteandprotect
[hr:
human
rights
of all
Filipinos,
issues
the followingAdvisory on
the
'U
DHA,
Sections39
and
40.
'D{LGMemorandumCircularNo.20l0-3
I
(Apr.27,2010)inrel.DILGMemorandumCircularNo.2010-2
(.an.
5,2010).
c''^2,77-
,/
(..-''/

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