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Solidarity from India against Evictions in Guayaquil, Ecuador

28th   November 2016


Mr Méntor Villagómez , Ambassador /

Head of Mission, Equadorian Consulate General,

Ecuadorian Embassy in New Delhi, India.

SUB: To Comply with the Legal Obligation on the Right to Housing and Solidarity against Evictions in Guayaquil, Ecuador.



28th   November 2016

Mr Méntor Villagómez , Ambassador /

Head of Mission, Equadorian Consulate General,

Ecuadorian Embassy in New Delhi, India.

SUB: To Comply with the Legal Obligation on the Right to Housing and Solidarity against

Evictions in Guayaquil, Ecuador.

Dear Sir,

We are writing to you on behalf of People’s Responsible Organisation of United Dharavi(PROUD ) a non-political, secular and community based federation of more than 70 Proposed Co-Op. Housing Societies  representing Dharavi   and  member of National Forum for Housing Rights(NFHR ), India, Leaders and Organisors of Community Organisations in Asia(LOCOA ) and International Alliance of Inhabitants(IAI ) defending  Housing Rights . In Particular, is engaged in the development of initiatives to prevent evictions, in particular Promoting the International Court of Evictions that has had its 5th Session in its Country (Guayaquil 15 and Quito 17/10/2016 ), also working with the United Nations Special Rapporteur on the Right to the Adequate Housing.

We have received some disturbing information from civil society organizations in respect to the situation of helplessness in which the families that are suffering the threat of eviction, although named in various ways, for continuation. Evictions and violent displacement in Mount Sinai for an IDB-financed project , the area is considered to be an expansion of informal settlements, with the sale of land by Soil traffickers. It is estimated that about 150 thousand people live in the area. Since the promulgation of decree 607, on December 28, 2010, about 5000 families have been evicted from the Area of ​​Mount Sinai , under accusation of invasion. More than 100 shops and Micro-enterprises selling construction materials, accused of promoting invasions. HE Has prohibited the improvement and construction of housing, in case of breach of this rule, they will be Detainees. There is uncertainty regarding the permanence of families in the sector by the insecurity in land tenure as a result of permanent changes and decision-making discretion with respect to who are the families who must remain in the sector, which has reedited new forms of land traffic that directly affects the most vulnerable families.

Currently the Ministry of Urban Development and Housing is developing the project "Las Marías ", Over 40 hectares already occupied, so families are receiving daily notifications of Eviction and / or displacement. This project, n. EC-L10999, is financed by the loan agreement N. 2679 / OC-EC with the Inter-American Development Bank.

Eviction and demolition of Collective Houses in Gómez Rendón street, these are 2 blocks owned by Social Security, built in the year 1950, which today they are in the center of the city. They are considered historical heritage.

Families live by renting, but for 15 years Social Security stopped charging because since then there were plans to change of use to the building. At present, it is foreseen that its demolition by deterioration of the building and Presence of micro-traffic, to build a Health Center on this area. There is no contingency plan for the 360 ​​resident families, since it is accused of being in default in rent payment and basic services. They have 150 days to leave the place (from 26 September 2016).

In this connection, we remind you that Articles 30, 31, 37, 39, 47, 66, 261, 340, 375, 376 of the Constitution of Ecuador recognize the right to housing and that Article 42 "prohibits all Arbitrary displacement . " In addition, Article 185 of the same Constitution states that "The public force shall be obedient and deliberative . Their authorities will be responsible for the orders they give, but the obedience of Superior orders will not exempt those who execute them from liability for the violation of rights Guaranteed by the Constitution and the law. " In addition, Ecuador has ratified international treaties and conventions and, therefore, all Institutions have a legal obligation to respect, protect, promote and guarantee the right to and to report regularly to international bodies on to guarantee its fulfillment, being the eviction without violation of: The Universal Declaration on Human Rights (Article 25), adopted and proclaimed by the United Nations General Assembly Resolution 217 of December 10, 1948;  the International Covenant on Economic, Social and Cultural Rights (ICESCR) (Art.11), Ratified by Ecuador on 6 March 1969 and the Optional Protocol to the ICESCR accepted on 11 March, 1990; The Convention for the Elimination of Discrimination against Women (Art. 14 and 15), ratified By Ecuador on November 9, 1981; The Charter of the Organization of American States (Art. 34 (k), ratified by Ecuador on 21 Of December 1950;  The American Convention on Human Rights (Article 26), ratified by Ecuador on December 1977; the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Law, ratified by Ecuador on February 10, 1993.

As also emphasized by the United Nations, General Comments Nos. 4 and N. 7 Of the United Nations Committee on Rights, which state that any form of eviction is incompatible with the requirements of the ICESCR , are authoritative interpretations of the ICESCR, the Which Ecuador is a party, and have prevailing legal value over other regulations. For this consideration and also based on the Recommendations of the 5th Session of the Tribunal International Convention on Evictions , we urge you to exercise your jurisdiction of the most elementary Human Rights: to life, to housing, to work, to security of the Land tenure, in the understanding that for being the representatives of the people, are the most suitable in defending the status of citizens of the people affected. We understand that the voice of communities affected by the pressure to leave their territory of life, is a legitimate voice, and must be heard by political representatives and state level bodies Local and provincial.

That is why full solidarity is given to the social organizations and the inhabitants of Guayaquil And the people and families affected by these violations, and hereby we invite you to:

  • Declare an immediate moratorium on all evictions, although appointed from various Dialogue between institutions and social organizations Inhabitants to provide affordable solutions to this problem with policies that imply Zero Evictions;
  • Repeal decree 607, do not evict any family of Mount Sinai , except relocations risk, and with compensatory measures for the loss of housing, work and social networks; families who are being displaced or are being cut off from the land, compensated; do not evict traders and micro-entrepreneurs from the main road without being compensated.
  • Eliminate all forms of land traffic and patronage forms, access to land  which should be implemented a transparent system of regularization of the sector, with citizen oversight of social organizations.
  • The Las Marías project, currently being implemented by MIDUVI, be paralyzed and the funds by the Inter-American Development Bank, until it is determined how many and what are he impacts of the project and what are the compensatory measures planned;  which reformulate under a model of self-help cooperative management with technical and self-managed assistance.
  • Deliver collective blocks of the Collective Houses of Gómez Rendón street to resident families , disburse item to rescue the building as patrimony. Create a model of management for the future administration of the blocks by its residents; otherwise, we will not hesitate to inform all national and international bodies to carry out the necessary measures to comply with the laws of protection of the right to the House.

Thank you very much for your attention to this and we ask you to keep us informed of any action taken in this regard.

We look forward to your responses.

Yours faithfully,

(Mr. Prashant Anthony )                            (Mr. Hariram T Dilliwala )

      Co-ordinator                                      Secretary


CC To :

  1. Arq. María de los Ángeles Duarte , Minister of  Urban Development and Housing, Constitutional Government of Ecuador.
  2. Jorge Estrella , Technical secretary for prevention of irregular human settlements,  MIDUVI.
  3. Juan Salazar Caicedo , the Governor (e) of  Guayas, Guayaquil, Equador.
  4. Alejandro López-Lamia , Specialist sectorial Urban Development, Inter-American Development Bank.
  5. Karina Calahorrano , Project Officer Las Marías, Inter-American Development Bank.
  6. Edison Barrera Jaramillo ,Commander of  Police Zone 8, Guayaquil, Equador.
  7. Ms. Leilani FARHA , United Nations Special Rapporteur on the Right to Adequate Housing, Geneva, Switzerland.

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