Legal Mandates and Housing Policy Framework

Young Professionals Orientation & Training Program (YP-OTP)

General Orientation Workshop on Social Housing

17-20 August 2005

1987 ConstitutionARTICLE 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.

provide

protect

land

housing

public housing policy

relocation

anti-demolition

finance

Simple policy framework

1987 Constitution

Art. X and XIII on Local Governments and People’s Participation

•Responsive, Accountable LGUs•Decentralization

•People’s participation in decision-making

RA 7160

Local Government Code

LGUsFiscal and

Local Autonomy

Delivery of Basic Services (Mass Housing,

etc)RA 7279

UDHA

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

Art. IV, UDHA

Socialized Housing Program

•Land Inventory

•Land Identification

•Land Acquisition

•Land Disposition

*Beneficiary Listing

*Balanced Housing

*Anti Prof squat / Squat Syndicates thrust

•Urban Dev’t , Land Use, Shelter Planning

Sec. 28, UDHA

General Rule:

No Demo/ Evictions

Except:

underpriv, homeless occupying:

1. Danger zones

2. Public places

3. Gov’t Infra Sites

4. Court –ordered

IN A JUST an HUMANE MANNER:

urban poor

International Human Right to ADEQUATE

HOUSING

International Human Right AGAINST

FORCED EVICTIONS

SALIGAN URBAN POOR UNIT

RA 7279

UDHA

land

housing

public housing

relocation

anti-demolition

finance

Gaps

CMP

MO 74 & EO 131

NLUWA (pending)

NHA

GK (private sector)

TAO (private sector)

CISFA

SHFC

ADB/WB protocols

EO 152

land

housing

public housing

relocation

anti-demolition

finance

Policy Issues Land use policySocial function of land

Government as enablerPrivate sector role in mass housing Housing as a human rightHousing as a basic service

Subsidies vs. financial sustainabilityHousing as market-driven commodity

Ownership vs. possessionDevelopment for whom?

National policy vs. LGU AutonomyPrivate property vs. publicgood

Policy oversight

• Housing and urban development

– Housing and employment– Housing and contribution to economy – Housing and social capital