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."