We call on relevant Portuguese authorities to halt the forced evictionsin Amadora, respect and act in accordance with their obligations under national and international law and refrain from any acts and/or measures that would interfere with these most fundamental and basic rights. We urge relevant Portuguese authorities to urgently and efficiently address and resolve the housing problems of the residents by providing, at a very minimum, alternative accommodation for evicted persons. The Municipality should: 1. Suspend immediatly the evictions and demolitions 2. Update the Census of 1993 3. Grant housing alternatives for the afected people 4. Respect the national legislation and destine the land where the neighbourhoods are constructed to social housing and not only to private construction. 5. Pay the damages to the persons already evicted.

The Council of Amadora has not met the objectives of the rehousing program known as PER (Programa Especial de Realojamento), which is based on a census made 20 years ago. As well as unfulfilled, this program has thus become obsolete: the situation of the families and the neighbourhood have of course changed in the course the last 20 years. It is necessary to confront the problem instead of basing arguments on a 20-year-free old census. There is no real access to free housing market in Portuguese society for the ones who are poor. The minimum asked for a one room house in the suburbs is never less than 350 euros a month. And landlords don’t give contract to unemplyed people, or without guarantor. Circumstances of the violation: The Municipal Council of Amadora has been evicting inhabitants of Santa Filomena neighbourhood, planning more demolitions as well threatening (with the police force) inhabitant in order to pressure them into leaving their homes. The first demolitions occurred in February and have been happening on a regular basis until today. The inhabitants have been notified of upcoming demolitions starting July, 17th, others are scheduled for July 19th and 25th. Further inhabitants have been notified by the Municipal Council that they must leave their homes before the end of the month with no indication of a specific date. Many have had to leave the neighbourhood, others are simply waiting for the machines to come and demolish their home. Some families or individuals are eligible for the PER program. However, this rehousing program is based on data collected in 1993, making it obsolete as well as disconnected from reality. Furthermore, the rehousing proposals made by the Council are in many case unsatisfactory and indecent.

For instance, one proposal was to house three couples in a three-room appartment. Current living conditions in the neighbourhood: The living conditions in the neighbourhood are poor, the houses are self-help housing. However, some people having been living in the neighbourhood for thirty years, most of them are solid, made of concrete. Hygiene conditions are also poor and there is no satisfactory waste disposal system. It is to be noted that the living conditions are also quite diminished by the demolished houses and the rubble this causes.

Eviction notification procedures:

Some inhabitants have received a written eviction notice either stuck to their front door or delivered personaly (if they were at home at the time); others were informed by telephone; others were informed oraly during meetings with the council. In some cases of oral warning, the Council alleges the inhabitants received a notification in 2007; the inhabitants however claim this is not exact. Alternatives offered by the Council: The Council is offering the inhabitants various alternatives, none of which are acceptable.

In the case of inhabitants eligible for PER, the Special Rehousing Program, a rehousing proposal is made; however, in many cases the proposal in unsatisfactory and completely inadequate in regard to the family’s situation or size. Some inhabitants were given a determined amount of time to find a new home, for which the Council offers support from Social Security (wich means connivance from the Government) to pay one, two or three months of rent. However, in regard to the economic and social situation of the inhabitants, it is not conceivable that they manage to enter the renting market. With most families earning between 250 and 300€ per month and being unable to provide a guarantor, it is most unlikely they will be able to obtain a renting contract in the global renting market. Even if they did, it would probably be impossible for the families to go on paying the rent once the months paid by the Council would be over.

The third option, formulated orally, is for the inhabitants to ask family members for money, or return to their country of origin. This is, of course unacceptable, especially given the fact that many have Portuguese children and have been living in Portugal for several decades. When the inhabitants refuse the Council’s proposition(s), they are put under threat and “notified” that the demolition will happen wether with or without their cooperation. They are also warned that in the case that they do not cooperate, the police will intervene (wich means connivance from the Government).

Actions engaged by HABITA(NGO): In order to try to stop this alarming series of demolitions, Habita has engaged several procedures. Meetings have been required with the Municipal Council, none of which having been satisfactory. A letter has been signed by all inhabitants and submitted to the Mayor; however, despite the pacific nature of this reunion, the inhabitants and collective were brutally attacked and forced by the police to leave the premises. Protective orders have been and are being filed, but as of today only one has been processed. Governmental and non-governmental organs, organizations and associations have been contacted and informed of the situation.

Institutional and legal basis of the complaint:

We are aware that Amadora Municipal Council does not have the capacity to solve this problem alone; however, this cannot justify that they threaten people’s lives and safety by evicting them and demolishing their only shelter. Amadora Municipal Council, with the help of the Portuguese Government (represented by the Social Security and the police) is grossly violating national and international legislation ratified by Portugal and to which Portugal is thus bound.

The evictions violate not only the right to housing but also the right not to be submitted to degrading and /or humiliating treatment, the right to privacy as well as several children’s rights, women’s rights and disabled people’s rights. We base our positions especifically on the Portuguese Republic’s Constitution, which contains dispositions protecting the right to housing, including Article 34 regarding the sanctity of the household and of correspondance, as wel Article 65 regarding the right to housing and urban planning. We also refer to Article 11 of the International Covenant on Economic, Social and Culturalrights and Article 31 of the European Social Charter in its revised version. Furthermore, the right to housing is garanteed by Article 5(e)(iii) of the International Contract on the Elimination of Racial Discrimination; Article 14(2)(h) of the United Nations’ Convention for the Elimination of all forms of discrimination against women; Articles 5, 6, 7 of the United Nations’ Convention on rights of disabled people and Article 3 of the European Convention on Human Rights. Portugal ratified its adhesion to these treatees and is obliged to fulfill them.

Back