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Legal Mandates and Housing Policy Framework Young Professionals Orientation & Training Program (YP-OTP) General Orientation Workshop on Social Housing 17 -20 August 2005
1987 Constitution ARTICLE XIII URBAN LAND REFORM AND HOUSING Section 9. The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to under-privileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners. Section 10. Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.
Simple policy framework provide land housing public housing policy finance protect relocation anti-demolition
1987 Constitution International Human Right to ADEQUATE HOUSING International Human Right AGAINST FORCED EVICTIONS Art. X and XIII on Local Governments and People’s Participation • Responsive, Accountable LGUs • Decentralization • People’s participation in decision-making Sec. 9, Art. XIII • Urban Land Reform • Housing (Decent, Affordable, w/ Basic Services) Sec. 10, Art. XIII Gen Rule: No Demolitions/ Evictions Exceptions: • In accordance with law • In a Just and Humane manner RA 7160 Local Government Code RA 7279 Fiscal and Local Autonomy LGUs Delivery of Basic Services (Mass Housing, etc) RA 7279 UDHA Art. IV, UDHA Sec. 28, UDHA Socialized Housing Program General Rule: No Demo/ Evictions • Land Inventory Except: • Land Identification underpriv, homeless occupying: • Land Acquisition 1. *Beneficiary Listing Danger zones 2. • Land Disposition Public places 3. Gov’t Infra Sites *Balanced Housing 4. Court –ordered *Anti Prof squat / Squat Syndicates thrust IN A JUST an HUMANE MANNER: • Urban Dev’t , Land Use, Shelter Planning urban poor SALIGAN URBAN POOR UNIT
Gaps CMP land MO 74 & EO 131 NLUWA housing public housing finance (pending) NHA GK (private sector) TAO (private sector) CISFA SHFC relocation ADB/WB protocols anti-demolition EO 152
Policy Issues land housing public housing Land use policy Social function of land Government as enabler Private sector role in mass housing Housing as a human right Housing as a basic service finance Subsidies vs. financial sustainability Housing as market-driven commodity relocation Ownership vs. possession Development for whom? anti-demolition National policy vs. LGU Autonomy Private property vs. public good
Policy oversight • Housing and urban development – Housing and employment – Housing and contribution to economy – Housing and social capital