Stop Jakarta's policy of evicting 'illegal aliens'<\/p>\n
Azas Tigor Nainggolan, Jakarta Citizens Forum (FAKTA), Jakarta
\nSocial Institute (ISJ)<\/p>\n
Following a series of negotiations with Indonesian
\nrepresentatives, Malaysia recently repatriated hundreds of
\nIndonesian immigrants for having illegally entered and worked in
\nthe country without proper papers. The Malaysian government has
\ntaken this measure to protect the interests of its own citizens,
\narguing that unemployment rates now are steadily increasing. This
\nmeasure, from Malaysia's perspective at least, symbolizes the
\nright and obligation of its government to provide its citizens
\nwith job opportunities. Now the Jakarta Administration is
\nadopting a similar initiative to control the influx of new
\narrivals.<\/p>\n
The plan to prevent newcomers from entering the capital was
\nrevealed last month. It authorizes the city administration to
\nlaunch an operation called "Operasi Yustisia Kependudukan"
\n(Identity Card Raid), or OYK, to enforce law and order which
\nwould, according to city officials, be conducted largely in slum
\nareas one week after the Idul Fitri celebrations, when Jakarta
\nresidents return from their home towns.<\/p>\n
The operation itself is based on regional ruling No. 1 2001 on
\nthe registration of residents, which states that residents of
\nJakarta are those who have identity cards issued by the
\nmunicipality. Newcomers must also be able to prove that they have
\na job, residence, a relative as a guarantor or an employer.
\nViolations are punishable by three months imprisonment or a fine
\nof Rp 5 million.<\/p>\n
Such operations have often come under fire from the public as
\nthey are regarded as a mere waste of money. Despite protests, in
\nearly 2001 the Jakarta Administration launched an operation
\nsimilar to those carried out in previous years. Strangely enough,
\nwithout proper evaluation of the effectiveness of the previous
\noperations and in the absence of clear targets, officials seem
\ndetermined to launch another operation this year. What taxpayers
\nhave strongly objected to is the fact that they have not
\nbenefited from such operations, which they suspect are launched
\nonly to siphon off the city's budget for individual use.<\/p>\n
The municipality always argues that at this time of year, the
\nmetropolitan population will increase significantly as newcomers
\ncome to the city along with their friends who have landed a job
\nhere. Owing to job shortages, villagers come to the city, hoping
\nto be able to raise their social status. These people normally
\nearn a living in the informal sector as maids, waiters, shop
\nassistants, vendors, bus conductors or factory workers. To date,
\nthe city administration has regarded them as trouble makers. If
\nthey are in the city already, officials not only hunt them down
\nbut also extort money from them. Officials are often seen chasing
\naway, blackmailing and evicting street vendors, pedicab drivers
\nand factory workers.<\/p>\n
The way Jakarta tries to solve the problem of "illegal
\nmigrants" and the oppression and marginalization that these
\nmigrants have been subjected to amounts to a denial of their
\nstatus as fellow citizens with equal rights. The policy bears a
\nclose resemblance to that of the Malaysian government. Yet,
\nalthough we might consider Malaysia arrogant and self-righteous,
\nthis country pursues the policy to help solve the problem of its
\nown people. But is Jakarta's argument for its policy logical?<\/p>\n
Of course not. We have all experienced the city's shortcomings
\nin terms of public services. While citizens without Jakarta IDs
\nare banned from entering the city, it is obvious to all that
\nanyone can easily get an ID with a little money.<\/p>\n
In addition, this prohibition violates human rights, as
\nclearly stipulated and protected in the Universal Declaration on
\nHuman Rights. Article 3 of this declaration states that everybody
\nis entitled to the right to livelihood, freedom and safety.
\nArticle 13 paragraph 1 further specifies that everybody shall
\nhave the right to freedom of movement and settlement within the
\nborders of each country. The provisions and recognition of basic
\nrights are also strengthened by the International Covenant on
\nEconomic, Social and Cultural Rights.<\/p>\n
Article 6 paragraph 1 of this covenant clearly stipulates that
\nall countries shall recognize the right to employment, including
\nthe right of every individual to an opportunity to make a living
\nthrough their job of personal choice. Paragraph 2 of the same
\narticle stresses that the state must assume an active role in
\nfacilitating the realization and protection of these rights.<\/p>\n
It is crystal clear that the Jakarta administration's proposed
\nban on prospective residents choosing the capital as their place
\nof work is an infringement of citizens' human rights.<\/p>\n
Consequently, the above operation must be called off. Regional
\nRegulation No.1\/2001 on population affairs must also be revoked
\ndue to its discriminatory nature.<\/p>\n
Furthermore, the city government should examine other of its
\nregulations that overtly oppress the Jakarta people and annul
\ntheir human rights. Those that recognize and respect human rights
\nprinciples will provide humane protection for the citizens to
\nexercise their rights.<\/p>\n
Indonesia must draw up a national law ratifying the
\nInternational Convention on the Protection of Economic, Social
\nand Cultural Rights. This ratification will provide legal
\nguidelines for central and regional administrations in the
\nprotection of their communities' rights. For instance, it would
\noutline the criteria for non-discriminatory population
\nregulations and aim for a national ID (KTP) system to replace the
\ncurrent provincial one.<\/p>\n
A citizen's status would thus be recognized across the country
\nwithout needing to replace IDs every time they moved to another
\nregion. In this way, they would be free to travel, move and
\nperform the work of their choice owing to the possession of a
\nnational KTP. As required by the convention, every government is
\nobliged to facilitate the safe employment or residence of its
\ncitizens.<\/p>\n
Jakarta's administration should change its approach, draw up
\nits program transparently and truly involve newcomers as one of
\nthe city's most important constituencies. They create jobs in
\naddition to meeting the high demand for their services. As the
\nauthorities and public servants of the metropolis, they need to
\nprovide facilities for all citizens regardless of their status as
\nwould-be settlers or long-time residents, to enable humane
\npopulation survival and growth.<\/p>\n
Officials must also end their heavy reliance on eviction as a
\ncity management device in order to avoid being branded as human
\nrights violators. The demolition of businesses and homes and
\nchasing away their occupants can no longer continue.<\/p>\n
The National Human Rights Commission should have warned the
\nmunicipality right from the beginning against starting the
\noperation to raid "illegal migrants."<\/p>",
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