The Philippines Commission on Human Rights (PCHR) is an independent body in the Philippines that has the authority under the 1987 constitution to initiate an investigation and make recommendations based on its findings. In its decision about the eviction of 157 families in the Dacudao Compound in Davao and the demolition of their homes on October 19, 2004, however, the PCHRs Regional Office XI in Davao failed to honour this mandate. Instead, it ended its examination of the case because the victims did not come to their office to file a complaint. Such a decision based on bureaucratic grounds, however, weakens the power of the commission and dilutes peoples faith in its ability to protect their rights.
In its resolution dated January 21, 2005, which was received by the Asian Human Rights Commission (AHRC) on April 18 and signed by attorney Enrique Junior Bonocan, the PCHR resolved that the October 19, 2004, demolition was done in accordance with law and in a just and a humane manner. Supported with court orders that justify the legality of the demolition, the commission terminated their investigation.
The legality of the demolition and eviction, however, does not preclude the PCHR from determining whether the rights of the people were observed in the way in which the demolition was conducted. Did the city engineers office, police, military and the demolition team hired by the private owner Dacudao & Sons, for instance, go beyond the guidelines of a lawful demolition? Rather, the commission ignored their core mandate to investigate, on its own or on complaint by any party, as stipulated in Article XIII, Section 18 (1) of the 1987 constitution, and thus failed the people evicted from the Dacudao Compound in Davao. Tolerating and showing inaction of such acts indirectly encourages others to commit similar acts with impunity and poses a threat to others in Davao who may face future demolitions.
When the barangay human rights action centres (BHRAC) were created on October 27, 1994, they were given the role to process complaints of alleged human rights violations and refer them to the commission. In this case, however, this mechanism did not function. How can victims file a complaint if they do not feel it benefits them?
In its resolution, the commission had conflicting views of what is a just and human manner. They declared that this demolition met this criteria although its investigators noted that there was, indeed, a violation. Reports that occupants lost some of their jewellery placed inside the room because they were not given enough time to pack up things should have been investigated further. Instead, the commission blamed the victims for not coming to their office to file a complaint.
Although the commission is empowered to initiate and sustain application of the rights-based approach to governance to facilitate convergence of human rights and development, its failure to study the nexus between human rights and development in this case left the evicted families homeless last year. Are these people not human, and do they not have the right to shelter? Not only where they removed from their homes, but their temporary shanties constructed along the road in front of the Dacudao Compound were destroyed as well on November 4. This incident should also be investigated by the PCHR as well as the lack of relocation and resettlement provisions for the Dacudao Compound residents.
In this way, the PCHR will develop trust between itself and the people of the Philippines, specifically those who were evicted from the Dacudao Compound in Davao, and will ensure that it is viewed as a viable institution that can, and is willing to, protect peoples rights. Otherwise, it will be perceived by the Filipino people as an irrelevant institution.
Being a state party to International Covenant on Economic, Social and Cultural Rights (ICESCR), the government must include the economic, social and cultural rights of the Filipino people in Article XIII, Section 18 (1) as part of the mandate of the PCHR. By doing so, it will strengthen the work of the commission and ensure that they intervene when people are evicted from their homes.
