Sat, 30 Aug 2003

'The poor neglected by unfair system'

A number of non-governmental organizations (NGOs) have condemned the recent evictions at Jembatan Besi, Tambora, West Jakarta, which left around 10,000 people homeless. They said that landowner PT Cakra Wira Bumi Mandala could have warned people about the planned eviction and taken more humane measures against the squatters. The Jakarta Post asked some experts and others for their comments.

J. Sudrijanto, 35, is a social researcher and former anti- eviction network activist. He lives in Salemba, Central Jakarta:

I can't deny that the owners of capital often victimize people on low incomes who occupy the limited vacant urban land available. Eviction is one example of this.

Worse still, many developments violate the rights of city dwellers but rich people ignore it.

Dwellers who have occupied vacant land for more than three years have a right to resettlement, based on a resolution from the World Bank.

Therefore, they have the right to claim compensation according to international law.

In this instance, the landowner was wrong to carry out a forcible eviction, which can be considered a gross violation of human rights based on UN Resolution No. 77/1993.

If (the eviction) is considered lawful the landowner should let the courts resolve the matter.

Violence is not the solution. The courts will decide who has ownership rights.

Well, in a way, the squatters here were also wrong because they were not aware of the ownership rights of others.

But in a general sense, the squatters were also right. They behaved that way because they were disadvantaged by the unfairnesses inherent in the land ownership and housing system.

Naman, 56, is a board member from the development section of a community unit in Petamburan, Central Jakarta. He lives with his wife and four children:

With regard to the recent eviction, I'd tend to blame the landowner for his failure to adopt a proper approach and communicate well with the squatters.

The landowner could have approached them personally and told them that the land did not belong to them. So, when the landowner wanted to take back the property, the people would have moved out without making resettlement demands.

The landowner should also have made a sort of agreement with the squatters, signed by both parties.

This surely would have helped promote residents' awareness of the land ownership and would have prevented a possible dispute later.

The landowner should also have communicated well with the local authorities, including the subdistrict administration and neighborhood and community unit heads, about the property.

It's regrettable that both parties usually ignore the importance of developing such a personal relationship.

Consequently, landowners always get into a dispute with squatters whenever they want to take back their property.

The absence of a personal approach and poor implementation on behalf of the city administration spark such conflicts.

I have dealt many times with examples like this, as I have lived in the city for years.

Ambros, 33, is an engineer working on a construction project on Jl. M.H. Thamrin, Central Jakarta. He lives in Bekasi with his wife and two children:

I think the squatters are in the wrong for occupying land that did not belong to them.

They were obviously violating the legal ownership of the land.

If they thought they were in the right, it's because they were so numerous they were brave enough to lay claim to the site.

They have forfeited the right to demand resettlement by way of compensation from the landowner.

In this case, the only possible way forward is a humane approach to driving the illegal occupants away since the lawful ownership is undisputed.

However, in many instances, the squatters tend to resist the landowner, despite being in the wrong.

Consequently, there's no alternative but to use physical force to carry out the eviction. You have to admit that many people in this country lack an awareness of ownership rights.

I wouldn't want to work on a construction project if there were an ownership dispute at the site, let alone one involving local people.

-- Leo Wahyudi S.