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Freeway family communities protest forced evictions
Development and Peace is concerned by the actions of the Jakarta municipal government in regards to the forced evictions of 4,646 families (18,584 people) living under the freeways in North Jakarta, who are also known as the “freeway communities”.
Development and Peace is also concerned by the violent actions of the police against the affected families by impeding their right to assemble and to express their peaceful protest against the planned evictions.
The following communities are particularly affected:
Rawa Bebek(Block A-G), Jembatan Tiga,,Kolong Tol Walang A, Kolong Tol Walang B, Kolong Tol Muara Karang, Kolong Tol Petak Seng-Jelambar, Kolong Tol Jalan Tongkol, and Kolong Tol Warakas.
Peaceful demonstrations turn violent
On August 27, 2007 more than 600 residents demonstrated at the North Jakarta City Office, followed by a demonstration by another 300 residents in front of the Ministry of Public Works office. These legitimate actions were violently dispersed by the police. A number of the demonstrators suffered grave injuries and had to be rushed to hospitals for treatment.
Development and Peace were informed that a group called Aliansi Masyarakat Jakarta (Jakarta Societies Alliance), who are believed to be agents provocateur, attacked the legitimate protesters and incited a violent response by government security forces.
It is of note that these actions are taking place in a City which was previously honoured in 2005 with the UN Habitat Scroll of Honour.
Under the United Nations - Forced Evictions are Violation of Human Rights
Since 1993, forced evictions have been considered by the United Nations as prima facie violations of human rights, in particular the right to adequate housing. The right to be protected from forced evictions is outlined in the document entitled “The Right to Adequate Housing (Art.11.1): Forced Evictions,” issued by the UN Committee on Economic, Social and Cultural (CESCR) on May 20, 1997.
General Comment No. 4 of the UN Committee on Economic, Social and Cultural Rights, states “forced evictions are prima facie incompatible with the provisions of the Covenant and can only be carried out under specific circumstances.” In its General Comment, the Committee emphasized that, under international human rights law, these exceptional circumstances in which forced evictions could be carried out impose certain requirements to which State parties to the Covenant must adhere. |
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- Firstly, prior to carrying out any eviction, States must ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to use force.
- Secondly, legal remedies or procedures should be provided to those who are affected by eviction orders, along with adequate compensation for any property, both personal and real, which is affected.
- Thirdly, in those rare cases where evictions are considered justified, they should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with the general principles of reasonableness and proportionality. In these rare cases where evictions are considered justified, they should not render individuals homeless or vulnerable to the violations of other human rights. Governments must ensure that adequate alternative housing or resettlement is available for all those affected by the urban redevelopment projects.
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Solution proposed
The affected families, with the assistance of their NGO partners, including Development and Peace partner UPLINK (Urban Poor Linkage) have proposed an alternative solution to the problem, in a document entitled: "Upgrading the freeway community and building people’s house concept by utilizing empty lands owned by DAMIJA (areas owned by the Freeway Company)". The solution proposed is economical, reasonable and practical, as well as grounded in Indonesian and international laws, such as the right of every citizen to adequate housing enshrined in the International Covenant on Economic, Social and Cultural Rights, an international treaty which has been ratified by the Government of Indonesia and is legally binding. This alternative proposal is a concrete expression of the right of poor citizens not to be excluded from the City.
The preferred policy of the Government of Indonesian government appears to favour an oft-repeated but failed solution of low cost apartments or distant relocation sites, far from work and livelihood opportunities, and without basic services and facilities.
We therefore call on the Government of Indonesia to: |
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- immediately put on hold the planned eviction of the families under the freeways;
- respect the right to assembly and to free expression of affected families and their NGO partners;
- hold dialogue with the affected families on their proposed alternative solution;
- pay compensation to those demonstrators injured by public security forces;
- investigate, suspend, and punish those found guilty of violating the right of the affected families to free expression under Indonesian laws protecting this right.
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Action taken to date:
Michael Casey, Executive Director, Development and Peace has written to the Mayor of Jakarta with copies to the Indonesian President and the Indonesian government asking that their administration do what is right for the poor families and citizens of North Jakarta. A copy was also sent to the United Nations Under-Secretary-General and Executive Director of UN-HABITAT in Nairobi, Kenya.
See copy of Letter of Solidarity to Mayor of North Jakarta, Indonesia: |
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- Letter from the Executive Director of Development and Peace to the Mayor of North Jakarta - English (PDF)
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