UN- HABITAT

ADVISORY GROUP IN FORCE EVICTIONS INFORMATION ON IMPORTANT CASES

The cases happened in Pachacutec in Lima, Peru, and are going to be docemented in detail to be presented during the Conference of Vancouver.

A, Threat of Eviction
*    Issuses on the city, communnities and families threatened with evictions
1.    Name and location of comunnity threatned with eviction
Name: Asociación de Pobladores. Santísima Virgen del Carmen y Los Incas
Location:  Jiron Conchucos 360 and  Los Incas Avenue  N° 453.495 in the city core of  Lima with 5,618 sqm area

2.    Background on the city (size, location, etc)
The plot of land occupied is located in the city core of Lima, with 5,618 sqm area. The area was occupied by the affected people in 1963 year according to the Public Registers of Lima, Before the affected people occupied the area a man named Rosemberg occupied it. But this man never got the legality to show that he is the owner of the plot of land. Rosemeberg did not get any family during the time he was living in the plot of land, and sold the area to a private enterprise named SYLKINS. After the SYLKINS, (private enterprise)  bought the area and because this enterprise did not get the land tenure either, decided to sell the plot of land to a new enterprise named FOX .
The FOX enterpise is the one which executed the eviction in ilegal way. After the pople suffered of the force eviction and it sttoped, The affected people discovered that the both enteprises showed false documents to the authorities. The  affected people never were notified before the eviction was done.. The plot of land was sold in S/. 100,000 soles (it is around $28,000 american dollars). It is impossible that a plot of land with more than 5,000 sqm have this cost due the location is close to the city core of Lima city. The affected people defended of their rights and demanded to the aithorities the ilegal procedures made by Fox enterprise against them. One of the reasons the authorities decided to stop the eviction was because the eviction was executed on Saturday and it is forbidden because it works only from Monday to Friday according of the legal rules.
The inhabitants of The Asociación Virgen del Carmen y Los Incas, inmediately went to the Public Registers in order to know if there is some legal paper which declare the legallity of the land tenure. But they did not get that information, because it does not exist. In this way the affected people discovered that it was an ilegal transference. This is the problem that these 300 people living for more than 40 years  need to confront day by day because in Peru the corrupt people buy the awareness of the judges. Mostly the children and the women are the most affected because of these ilegal procedures of the authorities. The eviction is done with support of the people who is payed in order to make problems, they scare the children and women and try to push the people to abandon the land occupied.

3.    Estimated number of families affected
There are 60 families affected and 300 inhabitants, 187 are children, 70 are women and 53 are men. These people suffered and was affected because of the force eviction.

4.    Brief description of families background
The families living in The Associatin Virgen del Carmen y Los Incas (Barrios Altos), lived before in the same area but with their parents and relatives as well. Because the new families growth they require to look for new areas for living.  They start the living in the area occupied since it was empty and nobody care of it.The affected people remained in the area of Barrios Altos instead to look for any new area for living, it is also caused due to the lack of areas for living in the city of Lima. The most of the families affected came from the Lima city core area. They are families who felt with deeply roots. These people  from the area affected born in the city core of Lima city.
The case

5.    Background and history of the case
Actually there are 300 families living in the plot of land and during the years because of the lack of legal  support, was not possible to get the land tenure. The families got the possesion of the plot of land. But because of the lack of land tenure, appeared some people who got the legal documents which allow them to be owners. But it was an ilegal way to try to be owners. The people from the Asociacion, Virgen del Carmen y Los Incas discovered that the documents presented by The Fox enterprise were false. Since the familes affected and living in the area have to be considered as first for buying the plot of land the procedure assumed by  the Fox enterprise was not carry out.
Because of the ilegal way was adopted the area suffered on the eviction in July 23Th , 2005. at 2:00 in the morning, 500 policeman tried to evicted the people. Together with 200 thugs.  But the people defended themselves and decided to confront the repression with stones. People took the gas cylinders and threat to throw out on the fire them. The people start to burn some area of the plot of land to avoid the eviction.. The area has 75 years old and the people living there more than 40 years. The size of the area is about 5,618 sqm area

6.    Minimum infomation on the legal grounds of the case Legal information
A register file which was presented by Fox enterprise said that it is the owner of the plot of land. But in The 2nd Judge the legal authorities had declare that the eviction will not be executed. The people from   Asociacion Virgen del Carmen y Los Incas is waiting for the sentence of the cause which is on (The Civil Judge of Lima) and the deadline of the judge is the 15Th of January 2006. The affected people is afraid for the results of this desition due to the corruption existing in The Court. The voices of the poor people never is heard. The corrupt people is heard because they pay to the judges to obtain the results in their benefit, even they do not have the reason.

7.    Reasons given for the eviction (oficial and other)
The reasons are that the plot of land is pretended by a high economic power which is behind the plot of land. The SYLKINS enterprise falsed the docuemnts to pretend be the owners of the land and with these false documents sold the plot of land to the Fox enterprise which act as a facade. Documents which denounced that both enterprises were working in complicity in order to obtain the plot of land were presented by the affected people to the judge.

8.    The main events that have taken place so far (with dates)
Main events: *    The occupation of the plot of land: It was in 1963
*    The affected people made demonstrations to the Judge offices (Paz Letrado), demanded support to their case.
*    Because of the lack of legal support the families of the Asociacion Virgen del Carmen y Los Incas suffered of the force eviction made on July 23Th affecting the 300 inhabitants. The affected people mostly children and women suffered of the force eviction with the presence of 500 police and 200 tricks.

9.    Names of the aithorities implementing the eviction
The authorities implementing the eviction were:
1.- The order to execute the eviction came from The 3rd Civil Court . 2.- The action was commanded by a Colonel from the 2nd Police Region office who took the control of the area with 500 policeman . But becasue the affected people defended themselves strongly the police stopped.  
The police remained during the daytime until a new order came and the police stopped the eviction together with the thugs.
3.- The Municipality of Lima did not support the affected people. The AGFE represented by Architect Luz Maria Sanchez presented a letter to the Mayor of Lima Dr. Luis Castañeda Lossio and a letter to the President of The Housing Commission (Mr. Luis Risco), demanding for the support needed by the affected people and the day after the eviction was stopped.
*    The answer to the eviction

10.    Level of organization of the affected community (including names of organizations, their approach, strengths and weaknesses) When the eviction happened, the people was entrenched, they opposed resistance.  The Social organizations of the basis like the Glass of Milk Program, The Comunal Dining Room and Neighbourhood organization supported themselves: The organizations tried to avoid that this outrage can be made against the population. The people defended and demanded respect for their rights to access to a housing with dignity.
Because of the strong organization of the inhabitants affected they avoid to be evicted.
The families living in the Ascociacion Virgen del Carmen y Los Incas have a Central Directive which was elected in a democratic way by all the neighbours of the association..

11.    Names of supporting agencies working in alliance  with the affected community
There is some NGOs like Cenca and Cidap which supported the affected people with legal assistance and there is also the NGO Estrategia and The Architect Luz Maria Sanchez who as member of The AGFE supported the community with the support of The Municipality of Lima and The Housing Commission for the Parliament, obtaining an important result in favour of the affected peole stopping the force eviction

12.    Actions taken so far by the comunity and/or supporting agencies to resist the eviction and/or ro develop creative, alternative solurions The AGFE member, Architect Luz Maria Samchez sent a letter to the Parliament (Housing Commision) Mr. Luis Risco and a letter to The Mayor of The Lima city Dr. Luis Castañeda Lossio, demanding helping to stopping the eviction. Thanks to these letters sent in the name of The United Nations the eviction was stopped.

13.    Consultations held and alternative housing and /or compensation offered by the aithorities to the aaffected community (If any) There is not any offering by the authorities after the eviction was stopped. The area have water supply, sewerage  and electricity. But the families from the association live in poor conditions of habitat in shacks due they do not have yet the land tenure to be owners of the land.and start to build their homes.
*    Follow up

14.    Strategies for future action discussed / proposal to deal with the threatened eviction
The strategies are:
*    To support the approval of housing policies for the people from the poor areas occupied more than 10 years a possibility to access to a land tenure.
*    The people require the support of oganizations like The United Nations which is an umbrella to get solutions to these problems which affect the children and women in most of the cases.
*    To follow up there is important for the affected people to be involved in The National Housing Campaign Comitte, which is sponsored by The United Nations to demand for the housing rights of the poor
*    With the support of The National Housing Campaign Committe we will be able to make mobilizations to The Justice Palace and the Parliament to denand for the rights of the poor communnities affected.

15.    Important events anticipated (e.g. dates set for eviction, planned actions, court cases, development of alternatives, etc) As important events were done:
*    The mobilizations to the Justice Palace were held in two times in April, 2005
*    Mobilizationsto The Judge of Paz letrado, in three opportunities, during July, 2005
*    The affceted people stayed awake all night in the block 4 of Sebastian Lorente Avenue. Some of rhe affected people made a protest with a hunger strike .  The children and the women were present also during 2nd, 5Th, 9Th and  two weeks of July, 2005 year, trying to get the attention from the authorities
*    The date of the eviction was on July 23Th, 2005
*    There is planned a mobilization of the different communities which have different legal problems. The affected people from The Asociacion Virgen del Carmen y Los Incas from Barrios Altos will be included in this mobilization which is planned to be on January 28Th, 2005. The mobilization is organised by The National Housing Campaign Comitte for The Housing Rights For All.
The Court cases:
The affected people have a litigation for more than 9 years, during this time the enterprise SYLKINS and FOX as well never showed that they have the land tenure and never showed either the authencity of a legal representation of their enterprises. The last "owner" who never had the legal tennancy either, he died in 2001 year, and did not keep any legal document related to the plot of land. The SYLKINS and FOX enterprises were denounced because of the false documents showed, the both enterprises were denounced for crime against public faith  and forgery of identity. 16.    Reasons why this is a good focus case for the Advisory Group. Ideas on what the Advisory Group could do to contribute to the successful resolution on the  case
The reason is that this kind of force evictions made against the poor people affecting mostly the women and children. It will be a clear example to be solved and reply in the national level.  We require to stop these kind of outrage, because these are violent actions against the physical integrity of the people and the housing rights of the people.
There is important the implementing of housing policies related to avoid force evictions. It can be a way to defend the life of the poor people living in poor conditions of habitat. The legality of these areas will allow the people  the  living with the access to a basic services, their homes can be built with formal materials. The people will stop living in vulnerable  homes which affect the life of the children principally.

17.    Full adress contact person
Contact person. Luz Maria Sanchez Hurtado Calle Marques de Torre Tagle N° 161, Miraflores, Lima Peru
Telf: 51 1 4466727
E-mail: marilush@terra,com.pe
Additional Information about the Force Eviction cases in Peru In the city of Lima, according to the statistics of The Judge Power in Peru,  there are  4 cases of force evictions produced in shanty towns with high dimension and 4 more happened in Asscociations, in this case the dimesion is less. In both cases the evictions happen only in one district. If we talk about the 30 districts of Lima city and considering that each district have a judge office.  It means that we have in Lima city 120 cases of focrce eviction per month. If we talk about the country of Peru according to the statistics of The Judge Power there is about 2,000 cases of force eviction of less dimesion. The cases with high dimension occurr in the shanty towns and in one month happen around 1,000 cases of force eviction in the whole country of Peru.