Why is eviction often problematic?

Why is eviction often problematic?

By Hayati Sari Hasibuan

This is the first of two articles on the issue of land
clearance.

JAKARTA (JP): There is a new land-related phenomenon in this
reform era. Evicted people, whose lands were cleared to make way
for development projects in the city and surrounding areas, have
pledged to take back vast tracts of their land. The taking over
of land by formerly evicted people is becoming a growing trend.
Many of them have either planted seeds, chopped down trees or dug
up the land as a way to reclaim land they believe is theirs. They
even have representation in a new organization called Evicted
Victims Community. The organization intends to negotiate with the
government for the return of their land.

Hasan Basri Durin, state minister of land affairs/chairman of
the National Land Agency (BPN) in the Development and Reform
Cabinet, once promised that there would be no more evictions
because the act brought hardships to the displaced people. Is it
too good to be true? Or was his statement a bid to woo
reformists?

Involuntary displacement has been a companion of development
throughout history and has become an indelible fact in the
evolution of industrial as well as developing countries.
Involuntary displacements continue to occur in all countries for
reasons related to the betterment of living conditions,
environmental infrastructure or expansion of public services.
However, why have all of these development projects entailed
displacements fraught with hardship and deprivation?

The problem of eviction is such an important issue that it is
listed as an international agenda with relation to the enforcing
of human rights. In the City Summit, United Nations Conference in
Human Settlement II, Turkey, Jan. 3 and Jan. 4 1996, eviction was
identified as a human rights violation.

The changes in economic structures, social dynamics and
demographic situations breed development projects, in both the
government and private sectors. Such development sometimes
requires land clearance, which also means removing the people
from the planned project area.

Some developments may be for public purposes or private
purposes. According to the law, the government is justified in
vacating land for projects which benefit the majority of people.
Presidential decree No. 55 1993 cites the criteria for a public
purpose project: 1. The project is done by the government. 2. The
government owns the result of the project. 3. The project is
nonprofit 4. The project includes one of the 14 types of
development such as: road, dam, hospital, etc.

The number of evictions due to project development is high,
especially in big cities. Both those with land titles and
squatters have been subjected to eviction. In Jakarta, for
instance, as the biggest city in this country, there were 32 land
clearance cases from 1994 to mid-1997 which involved eviction.
This means an average of 11 land clearance cases involving
eviction each year in Jakarta. More than 19,000 families have
been evicted in this period. That number is out of pending claims
that remain unresolved.

A total of 60.5 percent of the people were displaced by
private projects and 18.8 percent by government projects. From
the development sector, 50 percent of cleared squatters' land was
converted into green areas for the city's regreening program.
Urban development and transportation programs were estimated to
displace some 12.5 percent of the affected people. The rest was
aimed at building social and commercial facilities.

If the displacement of people is accompanied by enforcement
then it is called "involuntary displacement" or "eviction". And
in such cases there is a policy problem which leaves people
feeling coerced and threatened. The common problem with eviction
is the issue of unfair compensation and human rights violations.

The writer is an urban and regional affairs observer who holds
a masters of development degree from the Bandung Institute of
Technology.