Stop Jakarta's policy of evicting 'illegal aliens'

Stop Jakarta's policy of evicting 'illegal aliens'

Azas Tigor Nainggolan, Jakarta Citizens Forum (FAKTA), Jakarta
Social Institute (ISJ)

Following a series of negotiations with Indonesian
representatives, Malaysia recently repatriated hundreds of
Indonesian immigrants for having illegally entered and worked in
the country without proper papers. The Malaysian government has
taken this measure to protect the interests of its own citizens,
arguing that unemployment rates now are steadily increasing. This
measure, from Malaysia's perspective at least, symbolizes the
right and obligation of its government to provide its citizens
with job opportunities. Now the Jakarta Administration is
adopting a similar initiative to control the influx of new
arrivals.

The plan to prevent newcomers from entering the capital was
revealed last month. It authorizes the city administration to
launch an operation called "Operasi Yustisia Kependudukan"
(Identity Card Raid), or OYK, to enforce law and order which
would, according to city officials, be conducted largely in slum
areas one week after the Idul Fitri celebrations, when Jakarta
residents return from their home towns.

The operation itself is based on regional ruling No. 1 2001 on
the registration of residents, which states that residents of
Jakarta are those who have identity cards issued by the
municipality. Newcomers must also be able to prove that they have
a job, residence, a relative as a guarantor or an employer.
Violations are punishable by three months imprisonment or a fine
of Rp 5 million.

Such operations have often come under fire from the public as
they are regarded as a mere waste of money. Despite protests, in
early 2001 the Jakarta Administration launched an operation
similar to those carried out in previous years. Strangely enough,
without proper evaluation of the effectiveness of the previous
operations and in the absence of clear targets, officials seem
determined to launch another operation this year. What taxpayers
have strongly objected to is the fact that they have not
benefited from such operations, which they suspect are launched
only to siphon off the city's budget for individual use.

The municipality always argues that at this time of year, the
metropolitan population will increase significantly as newcomers
come to the city along with their friends who have landed a job
here. Owing to job shortages, villagers come to the city, hoping
to be able to raise their social status. These people normally
earn a living in the informal sector as maids, waiters, shop
assistants, vendors, bus conductors or factory workers. To date,
the city administration has regarded them as trouble makers. If
they are in the city already, officials not only hunt them down
but also extort money from them. Officials are often seen chasing
away, blackmailing and evicting street vendors, pedicab drivers
and factory workers.

The way Jakarta tries to solve the problem of "illegal
migrants" and the oppression and marginalization that these
migrants have been subjected to amounts to a denial of their
status as fellow citizens with equal rights. The policy bears a
close resemblance to that of the Malaysian government. Yet,
although we might consider Malaysia arrogant and self-righteous,
this country pursues the policy to help solve the problem of its
own people. But is Jakarta's argument for its policy logical?

Of course not. We have all experienced the city's shortcomings
in terms of public services. While citizens without Jakarta IDs
are banned from entering the city, it is obvious to all that
anyone can easily get an ID with a little money.

In addition, this prohibition violates human rights, as
clearly stipulated and protected in the Universal Declaration on
Human Rights. Article 3 of this declaration states that everybody
is entitled to the right to livelihood, freedom and safety.
Article 13 paragraph 1 further specifies that everybody shall
have the right to freedom of movement and settlement within the
borders of each country. The provisions and recognition of basic
rights are also strengthened by the International Covenant on
Economic, Social and Cultural Rights.

Article 6 paragraph 1 of this covenant clearly stipulates that
all countries shall recognize the right to employment, including
the right of every individual to an opportunity to make a living
through their job of personal choice. Paragraph 2 of the same
article stresses that the state must assume an active role in
facilitating the realization and protection of these rights.

It is crystal clear that the Jakarta administration's proposed
ban on prospective residents choosing the capital as their place
of work is an infringement of citizens' human rights.

Consequently, the above operation must be called off. Regional
Regulation No.1/2001 on population affairs must also be revoked
due to its discriminatory nature.

Furthermore, the city government should examine other of its
regulations that overtly oppress the Jakarta people and annul
their human rights. Those that recognize and respect human rights
principles will provide humane protection for the citizens to
exercise their rights.

Indonesia must draw up a national law ratifying the
International Convention on the Protection of Economic, Social
and Cultural Rights. This ratification will provide legal
guidelines for central and regional administrations in the
protection of their communities' rights. For instance, it would
outline the criteria for non-discriminatory population
regulations and aim for a national ID (KTP) system to replace the
current provincial one.

A citizen's status would thus be recognized across the country
without needing to replace IDs every time they moved to another
region. In this way, they would be free to travel, move and
perform the work of their choice owing to the possession of a
national KTP. As required by the convention, every government is
obliged to facilitate the safe employment or residence of its
citizens.

Jakarta's administration should change its approach, draw up
its program transparently and truly involve newcomers as one of
the city's most important constituencies. They create jobs in
addition to meeting the high demand for their services. As the
authorities and public servants of the metropolis, they need to
provide facilities for all citizens regardless of their status as
would-be settlers or long-time residents, to enable humane
population survival and growth.

Officials must also end their heavy reliance on eviction as a
city management device in order to avoid being branded as human
rights violators. The demolition of businesses and homes and
chasing away their occupants can no longer continue.

The National Human Rights Commission should have warned the
municipality right from the beginning against starting the
operation to raid "illegal migrants."