個案編號: UA 165/10
聲援期間: 2010年7月28日 - 9月8日
|[ 亞斯文省長 ]|
|General Staff Mostafa Al-Sayed|
|Abtal Al-Tarir Street|
|傳真: +20 972313333|
|電子信箱: email@example.com or firstname.lastname@example.org|
|稱謂: 省長閣下 (Dear Governor of Aswan)|
|[ 非正式住宅發展機構執行長 ]|
|(Informal Settlement Development Facility Executive Director)|
|3 El-Mokhayam El-Dayem Street|
|Nasr city, Cairo,|
|傳真: +20 222634000|
|稱謂: 親愛的Ali El-Farawamy博士 (Dear Dr. Ali El-Farawamy)|
根據聯合國經濟社會文化權利委員會（UN Committee on Economic, Social and Cultural Rights）的定義，強迫搬遷是指「違反個人、家庭及（或）社區的意志，使之永久或暫時離開原本居住的房屋及（或）土地，而未提供且令其可以取得適當的法律或其他形式的保護。」國際人權標準要求將搬遷作為最後手段，唯有在已經充分考量所有可行之替代方案，並且通過適當程序及法律保護機制之後，才能實施搬遷。必須認真地諮詢受影響居民的意見，在充分合理的時間之前給予通知，提供適足的替代住所並補償所有損失；對於拆遷的執行方式必須有保護機制，及尋求法律救濟的管道，必要時應提供法律援助。拆遷行為不應造成任何人流離失所，或遭受其他人權侵害。埃及有義務遵守國際法的約束，包含《公民與政治權利國際公約》、《經濟社會文化權利國際公約》和《非洲人權與民族權利憲章》，應防止且不得執行任何強迫拆遷。
在「非正式住宅發展機構（Informal Settlement Development Facility）」認定Al-Sahaby為臨時性建築構成的「危險區域」且危及居民安全後，亞斯文省長於2010年6月27日宣佈，埃及總理決定擬款埃幣3千萬元（約合526萬美元）「發展Al-Sahaby非正式住宅區」。據報導，他也曾表示，Al-Sahaby住宅區造成鄰近的亞斯文市中心觀光區Al-Tabiyah交通擁塞。政府計劃將這片住宅區漆成統一的顏色，以突顯亞斯文的觀光特色及市容的和諧。在Al-Sahaby的各個入口，都掛著政府「發展」計畫的藍圖。根據這張藍圖，Al-Sahaby將被拆除夷平，然後顯然將提供給私人企業進行開發，興建住宅、公共設施和道路。沒有資料顯示此地將被用於公共利益。依據埃及法律，為公共利益而徵收土地，必須遵守一定的程序，包括認定「公共利益」的標準，以及補償的辦法。藉著人權團體「希斯漢姆•穆巴拉克法律中心（Hisham Mubarak Law Centre）」所提供的法律協助，當地居民已分別向亞斯文省長、亞斯文市長、市議會和警察局長請願。請願書內容反對將Al-Sahaby認定為臨時建物構成的非正式住宅區，強調當地多數建物是以水泥和磚塊建成。居民原則上同意為道路拓寬而拆毀部分建築，同時將現有建物加以美化，並將臨時建物就地改建為安全的房屋。他們堅持居民享有建造房屋的合法權利，也可以提出書面文件證明他們擁有土地所有權，不論是透過買賣或先占而取得的。請願者們表示，他們已籌得經費，隨時可依照總理頒佈的行政命令繳納款項，以完成其他建築物的合法化程序。
UA: 165/10 Index: MDE 12/029/2010 Issue Date: 28 July 2010
The Aswan Governorate failed to conduct any genuine consultations with the residents before announcing their demolition plans and, as yet, residents have received no written notice setting out the legal basis of the decision, so hampering their ability to challenge it before the courts. In the last week, the Vice-President of Aswan city visited the area and met groups of residents and informed them of the decision to “develop” the area and to evict them, but he did not disclose when the evictions are to commence and is reported to have told residents that the authorities will use force to bulldoze the area if the residents resist and that those who do resist could be imprisoned under administrative detention orders issued under the state of emergency law. The Governorate has already conducted a count of the families living in Al-Sahaby, a procedure which normally precedes eviction and relocation.
On 22 July, the residents, many of whom are state employees, formed a committee to negotiate with the authorities and defend the resident's rights. On 25 July, they met with the Secretary of the Governor of Aswan and communicated their opposition to the complete demolition of the area. They said that they would support alternative development plans, including for widening of roads. They also requested better compensation for any losses. The official confirmed that most of Al-Sahaby would be demolished but told them he would communicate their demands to the Governor of Aswan.
PLEASE WRITE IMMEDIATELY in Arabic, English or your own language:
PLEASE SEND APPEALS BEFORE 08 SEPTEMBER 2010 TO:
|Governor of Aswan|
|General Staff Mostafa Al-Sayed|
|Abtal Al-Tarir street|
|Email: email@example.com or firstname.lastname@example.org|
|Salutation: Dear Governor of Aswan|
|Informal Settlement Development Facility Executive Director|
|3 El-Mokhayam El-Dayem street|
|Nasr city, Cairo,|
|Salutation: Dear Dr. Ali El-Farawamy|
|Also send copies to diplomatic representatives accredited to your country.|
|Please check with your section office if sending appeals after the above date.|
The UN Committee on Economic, Social and Cultural Rights defines a forced eviction as “the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of and access to, appropriate forms of legal or other protection.” International human rights standards require that evictions may be carried out only as a last resort, once all other feasible alternatives have been explored and only after appropriate procedural and legal safeguards are in place. These include genuine consultation with the affected people, prior adequate and reasonable notice, adequate alternative housing and compensation for all losses, safeguards on how evictions are carried out, and access to legal remedies and procedures, including access to legal aid where necessary. No one should be rendered homeless or vulnerable to other human rights violations as a consequence of an eviction. Egypt is obliged under international law, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the African Charter on Human and Peoples’ Rights, to refrain from and prevent forced evictions.
Among the residents of Al-Sahaby area are employees working at the Aswan Dam as well as lawyers, teachers and university students. The area is in the centre of Aswan. The residents are officially connected to the water and sewerage networks as well as to the electricity grid. The majority of buildings are made of bricks and concrete and the rest are made of makeshift materials. Al-Sahaby area is partly built with official building authorizations and has mixed forms of land tenure. It grew in an informal way by people ‘hand claiming’ the vacant land and building on it. Some residents claim to have ownership of the titles of the land, because before 1957, the Egyptian Civil Code allowed people who ‘hand claimed’ vacant land to gain its ownership after 15 years of occupation. Some claim they have legalized their ‘hand claim’ or are in the process of legalizing it by paying a set price for the land to the Aswan Governorate. It is unclear, however, if such legalizations prove full legal security of tenure and protection against eviction.
On 27 June 2010, the Governor of Aswan announced that the Prime Minister’s cabinet has allocated 30 million Egyptian pounds (about USD$ 5.26 million) to ‘develop Al-Sahaby informal settlement’ after the Informal Settlement Development Facility (ISDF) designated it as an “unsafe area” made of makeshift buildings which threatens the residents.. He also reportedly said that Al-Sahaby area is located next to Al-Tabiyah, a tourist area in central Aswan, and causes traffic jams. The area is to be repainted in a unified colour to emphasize the touristic character of Aswan and its urban harmony. At different entry points into the area of Al-Sahaby, the Governorate hung maps of the ‘development’ plan. The maps suggest that Al-Sahaby area will be demolished. The empty land would then be mainly used to build new housing, services and roads, apparently by private sector investors. There is no information to indicate that the land will be used for a general public interest, in which case Egyptian law provides for a set of procedures in relation of dispossessing land, including criteria for designating projects as of ‘general interest’ and a process for compensation. The residents sent petitions to the Governor of Aswan, the President of Aswan City, the municipal council and the chief of the police with the help of the Hisham Mubarak Law Center in Aswan, a human rights organization providing legal aid. The petitions oppose the designation of Al-Sahaby area as an informal settlement made of makeshift buildings and stressed that most buildings are actually built with bricks and cement. The residents agree in principle to the demolition of buildings for the purpose of enlarging roads, and to beautify their buildings, and rebuilding makeshift buildings. They insist that residents do possess authorizations to build and have documentation proving their legal tenure of the land, either through ownership, or through legalizing their ‘hand claim’. The petitioners announced that they are ready to settle payments to complete the legalization process of remaining buildings, as per Prime Ministerial decrees.
The ISDF is a fund that coordinates government efforts to deal with informal settlements and develop plans to deal with them, with in priority to “unsafe areas”. It was established in October 2008 following the Al-Duwayqa rockslide in Cairo which killed at least 119 people. ISDF identified 404 “unsafe areas” in Egypt with an estimated 850,000 residents, including 10 “unsafe areas” in Aswan Governorate. Amnesty International fears that plans are being developed without genuine consultations with the residents or communities concerned in these “unsafe areas”, which can lead to forced evictions. According to the ISDF, plans for "unsafe areas" are developed only in consultation with the Governorates and its local municipal councils.
UA: 165/10 Index: MDE 12/029/2010 Issue Date: 28 July 2010訴求信下載：