CCPR/C/128/D/2568/2015
the State party to amend the Act and to adopt a legal framework establishing procedures to
be followed in the case of evictions, in line with international standards, including general
comment No. 7 of the Committee on Economic, Social and Cultural Rights. 35
5.7
Furthermore, the authors argue that the previous relocation of the author D.G. is
irrelevant to the present case, given that he was relocated to a housing unit in Dasmariñas
Baghong Bayan, Cavite City, as part of a previous government relocation programme, but
he was not required to remain in that housing for life. Having enjoyed the freedom of
movement, he relocated again, given that the lack of livelihood opportunities at Dasmariñas
Baghong Bayan, Cavite City, rendered his housing inadequate.
5.8
The authors also claim that domestic remedies are unavailable, ineffective or
unreasonably delayed, referring to the jurisprudence of the Human Rights Committee to the
effect that authors must meet the requirement of exhaustion of all available domestic
remedies, insofar as such remedies appear to be effective in the given case. 36 In the present
case, domestic remedies are unavailable or ineffective. The State party does not mention
one domestic remedy that it claims has been available, except the pending complaint with
the Commission on Human Rights of the Philippines. However, as the State party
acknowledges in its submission, the complaint filed with the Commission has languished
before the Commission for six years, and filing that complaint failed to prevent the forced
eviction of the community, given that no injunction was granted halting the evictions
pending a final decision by the Commission. Consequently, that domestic remedy has been
unreasonably delayed and proven to be ineffective in preventing or remedying the alleged
violations of the Covenant.
5.9
The State party’s observations on the merits have offered categorical statements,
without any evidence or substantiation. The authors reaffirm that the notice of eviction was
inadequate, because they were not given individualized notices and the posted notice gave
only three days’ notice to vacate their homes and did not name the specific homes or
addresses subject to eviction. Furthermore, some of the inhabitants were resettled in an area
without adequate services and facilities. The authors conclude by maintaining that the
pattern of violence continued beyond January 2012 at the relocation sites.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 97 of its rules of procedure, whether the communication is
admissible under the Optional Protocol to the Covenant.
6.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
6.3
The Committee observes however the State party’s objection to the admissibility of
the communication due to a manifest lack of substantiation, as well as non-exhaustion of all
available domestic remedies, pursuant to articles 2 and 5 (2) (b) of the Optional Protocol.
With respect to the requirement of exhaustion of domestic remedies, the Committee notes
the State party’s argument that the authors’ complaint submitted in 2011 to the Commission
on Human Rights of the Philippines remains pending with the Commission and that the
authors could have filed a case prior to and pending their eviction and relocation before the
courts, the Ombudsman, the Civil Service Commission and other quasi-judicial bodies to
seek accountability of the erring officials (see para. 4.13 above). The Committee notes the
authors’ arguments that domestic remedies are unavailable and ineffective, given that the
Corazon de Jesus Homeowners Association obtained a negative decision from the Supreme
Court, the highest court in the Philippines, on 29 September 1997, which remains valid, and
that they therefore cannot challenge their forced eviction (see para. 2.3 above), that the
35
36
Ibid., para. 50.
See, for example, Gilberg v. Germany (CCPR/C/87/D/1403/2005), para. 6.5; see also P.L. v.
Germany (CCPR/C/79/D/1003/2001), para. 6.5; and Riedl-Riedenstein et al v. Germany
(CCPR/C/82/D/1188/2003), para. 7.2.
11