Indonesia
01.12.03
Urgent Interventions

Indonesia: More than 20,000 People Evicted in Indonesia.

Case IDN–FE 011203

OMCT/HIC-HLRN
JOINT URGENT ACTION APPEAL:
More than 20,000 People Evicted in Indonesia.

The Coordination Office of Housing and Land Rights Network of Habitat International Coalition (HIC-HLRN) and World Organisation against Torture (OMCT) request your URGENT intervention in the following situation in Indonesia.

Brief Description of the Situation

Urban Poor Consortium, a member of HIC-HLRN, has informed HIC-HLRN and OMCT that the Indonesian authorities have forcibly evicted more than 20,000 people in Jakarta and Sulawesi in the past four months. Most of those evicted have not received any compensation for the loss of their homes, property and lands. The authorities have also failed to provide any alternatives for resettlement and rehabilitation of the people who have been forcibly evicted. According to the information received, more evictions may be carried out to clear land for several “development” projects in East and North Jakarta. Through these evictions, Indonesian authorities do take sufficiently into account the inhabitants’ human right to housing.

These two latest cases illustrate the pattern of forced evictions in the region. On 23 October 2003, security officers and police, demolished 429 homes in three villages located on the bank of Cipinang River, evicting 1,800 people. Authorities demolished 44 houses in Cipinang Muara village, 237 in Cipinang Besar Utara, and 148 in Cipinang Besar Selatan to clear land for the Banjir Kanal Timur (East Jakarta Flood Canal) project. The flood canal will be used to control floods in East and North Jakarta and protect industrial infrastructure but 13 villages will be cleared for the project.

The Japan Bank of International Corporation (JBIC) funds parts of this 4.124 trillion rupiahs (US$ 487 million) project, of which Rp. 2.18 trillion (US$ 257.6 million) has been budgeted for taking over the communities’ land. According to Mr. Parimin Napitupulu, the assistant for economic affairs of East Jakarta government, Cipinang riverbank has to be “clean” before the flood comes.

On 22 October 2003, 1,000 local security officers evicted approximately 4,000 residents (700 families) of Kali Adem, Muara Angke Kampung, located on the bank of Angke River. Kali Adem residents reported having received several warning letters from North Jakarta Mayor Effendi Anas, asking them to destroy their own houses. However, official statements had affirmed that there was no need for any evictions and, in any event, no eviction would be carried out before alternative land was available.

Six hours before the eviction , the Governor of Jakarta Mr. Sutiyoso accompanied by the mayors of North, East and West Jakarta—who have been evicting thousands of people in their areas in the past months--had stated that there would be no eviction until `Id al-Fitr (a Muslim feast at the end of the the holy month of Ramadan). A news report in Kompas, the biggest Indonesian daily newspaper, on 3 November 2003, stated that the Government had a “plan of rehabilitation” for the victims of Kali Adem, but hundreds of inhabitants in other areas would be evicted to build flats for them. To date, the people who were forcibly evicted from Kali Adem are still living in the swamps, on their boats.

HIC-HLRN and OMCT are deeply concerned by official statements that have affirmed that evictions will resume now that `Id has passed. The example of Kali Adem also contradicts the official assertion that evictions would not be carried out during Ramadhan. Moreover, there is reason to believe that the number of evictions could greatly increase once the holy month is over. HIC-HLRN and OMCT are also seriously concerned that more forced evictions will be carried out under the excuse of new planning of Jakarta. The situation is all the more urgent as Agus Subardono, the head of the Planning and Space Development Division of Jakarta’s city Planning Agency, has announced that Jakarta needs 200 new shopping centers. This justification has been already used in the case of the Kampung Baru, West Jakarta evictions (see background information below). According to Urban Poor Consortium, the core problem is the absence of a national local government’s policy that guarantees the rights to housing of the poor instead of favoring capital interests.

Background Information

The two examples of forced evictions, reported above, are not isolated incidents. Forced evictions in Indonesia have multiplied in the past months, and except for a few people in Tegal Amur, none of the victims have been compensated. On 16 October 2003, 200 police officers and anti-demonstration troops demolished 20 homes in Karuwisi, Makassar, South Sulawesi, where 100 people used to live. The people who had been living there since the Japanese occupation (1942), bought the land and have been paying land/building taxes ever since. They have been disputing the land since 1994 to a land mafia called Harmunis, who reportedly has spent 1.2 billion rupiahs over the years to evict the poor people of Kurawisi. The demolition followed a Supreme Court ruling denying the people’s appeal to cancel Harmunis’ certificate of ownership over the land.

The West Jakarta government has decided to “clean” two of 60 hectares of land owned by General Funeral Agency to broaden graveyard areas in Tegal Alur, West Jakarta. This clearing operation is planned despite demands from the the National Commission for Human Rights, National Commission for Women’s Rights and National Commission for Children’s Rights that forced evictions should be stopped. On 15 October 2003, security officers ordered 284 households (900 inhabitants) in Tegal Alur to demolish their own homes. The people did so with the belief that they would receive compensation from the Agency. They also wanted to keep the building materials of their houses to build new ones somewhere else, instead of seeing them ruined by a forced eviction operation. While some people have received the promised compensation, others are still waiting for the payment. The major of West Jakarta Mr. Sarimun Hadisaputral stated that the planned eviction was legal as he had sent warning letters (as required under the existing laws).

On 2 October 2003, 4,500 security and municipal officers, police force and hundreds of civilian militiamen, demolished 520 houses in Kampung Sawah, Tanjung Duren, West Jakarta, where 2,500 people used to live.

On 17 September 2003, 2,000 security officers and hundreds of gangsters (who were designated as civilian militia) demolished 700 houses in Kampung Baru, evicting 3,100 people. The residents of Kampung Baru had been invited in by Governor Sutiyoso to farm on this land, owned by PERUMNAS, a State-owned enterprise that is supposed to provide houses for middle-class and lower-class people. According to the information received, the residents had received several warning letters since June because governors, the major of West Jakarta and the owner have been conspiring to build a housing and shopping complex in the area.

On 2 September 2003, North Jakarta municipality security officers knocked down 189 houses, making 550 people homeless, in Sunter Jaya Tanjung Priok, North Jakarta; land that is still disputed between the owner, Anton Tjahya Wikarta, a Jakarta businessman, and the inhabitants. He reportedly offered a compensation equivalent to US$ 60 for the houses that would be demolished.

On 26 August 2003, 12 cars full of security officers, 11 cars of anti-mass demonstration police, two cars of firemen and five trucks full of gangsters, under the command of West Jakarta police office, attacked 2,000 households, evicting 7,500 people from Jembatan Besi, West Jakarta. Many of the residents had lived there since 1994, and the others had settled after the economic crisis. Since 2002 when they started to be threatened, they organised an anti-eviction group, held mass demonstrations in front of the local House of Representatives (HoR), and met and negotiated with HoR members. The community has managed to resist three attempts to burn down the kampong, following three warning letters from West Jakarta major ordering them to demolish their own houses.

Housing and Land Rights’ Violations
These official practices contravene the Indonesian people’s human right to adequate housing; i.e., the right of all women, men and children to gain and sustain a secure place to live in peace and dignity. In particular, the authorities violated their entitlements to security of tenure, participation and self-expression in urban planning and development, adequate compensation for violations and losses, and physical security. All are elements of the human right to adequate housing as recognized in international law. It should be noted that the State bears the legal obligation to ensure all these elements in an environment of rule of law, self-determination, nondiscrimination, gender equality and nonregressivity.

Specifically, the State has violated its obligations as elaborated in the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), which it ratified on 13 October 1984, namely its article 14; articles 16, 27 and 39 of the Convention on the Rights of the Child (CRC), which it ratified on 5 October 1990; and articles 8, 12, 13, 17, 18, 19, 21, 23 and 25 of the Universal Declaration of Human Rights, which is considered to be customary public law. Through these actions, Indonesia has also violated its own laws, namely Law No.4 (1992) Article 5(1) guaranteeing every citizen “the right to occupy and/or enjoy and/or own a decent house in a healthy, safe, harmonious and orderly environment.”


Action Requested
Please write to the authorities in Indonesia and urge them to:
1. Immediately halt all planned forced evictions in West and North Jakarta;
2. Proceed to a consultation with the families and civil society groups to find alternatives, and ensure their effective participation in any planning decision.
3. Adequately compensate the people who have been evicted, rehabilitate them and let them return to their original place of residence according to their wishes;
4. Prevent any further violations of the people’s rights to housing, especially their entitlements to security of tenure; participation and self-expression; adequate compensation for violations and losses; and physical security; as well as contradiction with Indonesian Law No 4.
5. Guarantee an immediate investigation into the circumstances of the eviction and the burning and destruction of houses by private security forces, identify those responsible and bring them before a civil competent and impartial tribunal and apply penal, civil and/or administrative sanctions provided by law.

Addresses:
· Mrs Megawati Soekarnoputri, President of the Republic of Indonesia
Istana Merdeka
Jakarta 10110, Indonesia
Fax. +62 (0)21 345–2685, 380–5511, or 526–8726
Or via President’s Secretary : (Fax) +62 (0)21 344–2223
Or via TELEX : 44283 BIGRA IA or 44469 DEPLU IA

· Hamzah Haz, Vice President of the Republic of Indonesia
Jl. Kebon Sirih No. 14, Jakarta, Indonesia
Fax: +62 (0)21 344–7538

· Agung Imam Sumanto, Chairman of Jakarta City Council
Jl. Kebon Sirih 18
Jakarta, Indonesia
Fax: +62 (0)21 348–30069

· Sutiyoso, Governor of Jakarta
City Hall, Jl. Medan Merdeka Selatan No.8–9, Jakarta, Indonesia
Tel: +62 (0)21 382–3158, 382–3254
Fax: +62 (0)21 384–8850, 384–8653

· Sarimun Hadisaputra, Mayor of West Jakarta Municipality
Jl. Raya Kembangan No.2
West Jakarta, Indonesia
Tel./Fax: +62 (0)21 582–1721

· Koesnan A. Halim, Mayor of East Jakarta Municipality
Jl. Sentra Primer Baru Timur
East Jakarta, Indonesia
Fax: +62 (0)21 487–02159, 487–02160

· Petra Lumbun, Mayor of Central Jakarta Municipality
Jl. Tanah Abang I
Central Jakarta, Indonesia
Tel: +62 (0)21 350–2575
Fax: +62 (0)21 344–0610, 344–7466
Email : walikota_jp@jakartapusat.web.id

· Effendy Anas, Mayor of North Jakarta
Jl. Yos Sudarso 27–29
North Jakarta, Indonesia
Tel./Fax: +62 (0)21 439–30581

· Yusuf Kalla, Coordinating Minister of People’s Welfare
Jl. Medan Merdeka Barat No.3
Jakarta, Indonesia
Tel: +62 (0)21 380–8384, 385–0119
Fax: +62 (0)21 345–3055

· Dorojatun Kuntjorojakti, Coordinating Minister of Economy
Jl. Taman Suropati No. 2, Jakarta, Indonesia
Fax: +62 (0)21 334–779

· Susilo Bambang Yudoyono, Coordinating Minister of Politics and Security
Jl. Medan Merdeka Barat No.15
Jakarta, Indonesia
Fax: +62 (0)21 345–0918

· DPR RI (National House of Representatives of Indonesia)
Jl. Gatot Subroto
Jakarta 10270, Indonesia
Tel: +62 (0)21 571–5322, 5715324
Fax: +62 (0)21 575–6252, 571–5637

· National Commission for Human Rights
Jl.Latuharhary No.4B
Menteng Jakarta Pusat 10330, Indonesia
Tel: +62 (0)21 392–5230
Fax: +62 (0)21 392–5227

· National Commission for Women’s Rights
Tel : +62 (0)21 390–3963
Fax: +62 (0)21 390–3922

· National Commission for Children’s Rights
Fax: +62 (0)21 8416158

· Head of National Police
Jl.Tronojoyo No.3
Kebayoran baru Jakarta Selatan, Indonesia
Tel: +62 (0)21 726–0306
Fax: +62 (0)21 392–5527, 720–7277

· Kapolda Metro Jaya, Head of Jakarta Provincial Police
Fax: +62 (0)21 570–3029

· Minister for Human Rights and Law Affairs
Jl.Rasuna Said Kav.6–7
Jakarta Pusat, Indonesia
Tel: +62 (0)21 525–3889
Fax: +62 (0)21 525–3095

· Minister for Human Settlement and Regional Infrastructure
Jl.Patimura 20, Kebayoran Baru
Jaksel, Indonesia
Tel: +62 (0)21 726–2805
Fax: +62 (0)21 724–7820, 726–0769

· BPN (National Land Bureau)
Jl.Sisinga Mangaraja 2
Jakarta, Indonesia
Telp. +62 (0)21 725–0600
Fax: +62 (0)21 725–4725

Indonesian Press and TV:
· Kompas, Fax: +62 (0)21 548–6085, E-mail: redaksi@kompas.com
· Media Indonesia, Fax: +62 (0)21 581–2102, +62 (0)21 581–2105
· Jakarta Post, Fax: +62 (0)21 549–2685, 530–6971, E-mail: jktpost2@cbn.net.id
· Tempo (weekly magazine), Fax: +62 (0)21 392–1947, 315–6331, E-mail: redaksi@mail.tempo.co.id
· Koran Tempo, Fax: +62 (0)21 725–5645
· Indopos, Fax: +62 (0)21 533–2234
· Republika, Fax: +62 (0)21 780–0649, 798–3623
· 68H (Radio), Fax: +62 (0)21 858–2430
· Detikcom, Fax: +62 (0)21 7658686
· Metro News, Fax: +62 (0)21 583–02122
· Metro TV, Fax: +62 (0)21 583–02139
· RCTI, Fax: +62 (0)21 5327189, 549–3862
· SCTV, Fax: +62 (0)21 582–5485, 522–0120
· TPI, Fax: +62 (0)21 8412470, 541–1548
· Trans TV, Fax: +62 (0)21 791–84558
· Indosiar TV, Fax: +62 (0)21 567–2221, 565–5653, 567–2223
· TV 7 (News) , Fax: +62 (0)21 570–5466, 570–8008, 570–5477
· Lativi, Fax: +62 (0)21 461–6253, 461–6255
· AN TV, Fax: +62 (0)21 527–7068, 522–9174


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Geneva - Cairo, 1 December 2003

Kindly inform OMCT and HIC-HLRN of any action undertaken, quoting the code of this appeal in your reply to: omct@omct.org and hic-mena@hic-mena.org.

The joint Urgent Action appeals of OMCT and HIC-HLRN are dedicated to the protection of the human right to adequate housing.

**************
Sample Letter

Date

Excellency,
We have been informed by Habitat International Coalition-Housing and Land Rights Network (HIC-HLRN) and the World Organisation Against Torture (OMCT) that the Indonesian authorities have forcibly evicted more than 20,000 people in Jakarta and Sulawesi in the past 4 months. Most people, who have been evicted, have not received any compensation for the loss of their homes and lands. The authorities have also failed to provide any alternatives for resettlement and rehabilitation of the people, who have been forcibly evicted. The last two cases affected 1,800 people on Cipinang Riverbank in East Jakarta, and about 4,000 people on Angke Riverbank in North Jakarta. These cases are not isolated, but on the contrary forced evictions have multiplied in the past months, and except for a few people in Tegal Amur, none of the victims have been compensated.
HIC-HLRN and OMCT are deeply concerned by official statements that have affirmed that eviction will resume at the end of the month of Ramadan (24th November). The example of Kali Adem also contradicts the official assertion that evictions would not be carried out during this period HIC-HLRN and OMCT are also seriously concerned that more forced evictions will be carried out under the excuse of new planning of Jakarta . The situation is all the more urgent as Agus Subardono, the head of the Planning and Space Development Division of Jakarta’s city Planning Agency, has announced that Jakarta needs 200 new shopping centers. . This justification has been already used in Kampung Baru, in West Jakarta.
We urge you to immediately stop all planned forced evictions in West and North Jakarta; to organise a consultation with the families and civil groups to find alternatives, and ensure their participation in any planning decision. All victims should also be adequately compensated, rehabilitated, and have the right to return to their original place of residence.
Moreover, these practices contravene the Indonesian people’s human right to adequate housing; i.e., the right of all women, men and children to gain and sustain a secure place to live in peace and dignity. The authorities especially violate their entitlements to security of tenure; participation to urban planning ; adequate compensation for violations and losses; and physical security. All of these are elements of the human right to adequate housing as recognized in international law. To be considered as respected, all these elements should be obtained in an environment of rule of law and non-regressivity.
Specifically, the State has violated its obligations as elaborated in the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) that it ratified on 13 October 1984, namely its article 14; articles 16, 27 and 39 of the Convention on the Rights of the Child (CRC) that it ratified on 5 October 1990, and articles 8, 12, 13, 17, 18, 19, 21, 23, 25 of the Universal Declaration of Human Rights. Through these actions, Indonesia also violated its own laws, namely Law No.4 (1992) Article 5(1) that guarantees every citizen “the right to occupy and/or enjoy and/or own a decent house in a healthy, safe, harmonious and orderly environment.” We urge you to prevent any further violations of the people’s rights to housing.
Thanking you in advance for your attention in this matter, we look forward to hearing from you regarding your remedial actions.

Respectfully,
[signed]
[Your name]
[Your organisation]
CC:
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