X. Detailed Recommendations

To the Jakarta Regional Government

Impose a Short-Term Moratorium

  • Impose a moratorium on all evictions carried out on “public order” grounds, until a mechanism can be established whereby independent experts carry out participatory baseline surveys prior to any eviction.
    • Baseline surveys should take a census of affected residents, their assets, and their socio-economic conditions.
    • This information should be used to identify the impact that an eviction will cause and to assess whether the public order interest desired would be proportionate to the impact on the lives of the evicted residents.
    • The information collected can also be used to design a resettlement program that will leave residents with at least the same, if not better, standards of living and income levels, but in a manner where they will not risk causing public order infringements in the future.
    • The determination of who should perform these surveys should be decided during the moratorium in consultation with civil society groups and representatives from the urban poor.
    • Jakarta Regulation (Perda) No. 11/1988 may require revision so as to permit local officials to consider the proportionality of the public order goals of restrictions on where people can live with the detrimental effect an eviction would have on a community.
  • Impose a moratorium on all evictions related to the construction of public interest infrastructure projects until an independent investigation can be completed regarding allegations of human rights violations related to the “Double-Double Track” project, and any systemic problems identified are addressed.

Conform Eviction Processes to International Standards

  • Evictions should never render individuals homeless or vulnerable to the violation of other human rights. Where those affected by evictions are unable to provide for themselves, officials should take all appropriate measures to ensure that adequate alternatives are available.
  • Future evictions should be carried out in coordination with: the Department of Housing and Regional Infrastructure, Department of Social Affairs, Department of Education, State Ministry of Women Empowerment, Indonesian Human Rights Commission, National Commission on Women, National Commission on Child Protection and other relevant social agencies.
    • Representatives from these ministries and commissions should establish a joint working group to monitor and ensure compliance of eviction procedures and practice with international standards.
  • Evictions, when necessary and justified, should be granted permission only when they are authorized following a fair and transparent public process.
    • This process should include the establishment of an objective and justified need for the eviction, genuine consultation with the affected communities, with an opportunity for all affected to have a say in the process, and an assessment of alternative measures to the eviction.
    • All members of a community, including the poor, illiterate people, women, the elderly, and children living without parents, should be informed of, and have the opportunity to be involved in, this process.
  • Evictions, when justified, should be preceded by adequate and reasonable notice for all affected persons prior to the scheduled date of eviction.
    • The period of advance notice should include enough time for the negotiation of compensation agreements and for resettlement.
    • The exact date of evictions should be open to negotiation with the affected community to ensure they are adequately prepared.
  • As part of the notification process, communities should be informed of available legal remedies so that individuals who wish to challenge the eviction or raise due process concerns are able to do so.
    • Indigent residents should be provided with legal assistance for such claims.
  • Adequate, market value/replacement cost compensation should be provided to all right-holders and occupants on the land. The participatory baseline survey of socio-economic conditions in the area should inform compensation for non-property losses associated with displacement.
  • If the government wants to offer alternative land, aim to use sites as close as possible to the original area, and ensure that alternative sites offer residents adequate opportunities to continue existing livelihood activities.
  • Evictions should not occur during the school year or at times when the displacement of families will interrupt children’s education. Compensation should cover fees associated with changing schools.
  • Evictions should not take place in particularly bad weather or at night.
  • Community-based resolution of land disputes should be supported. The government should consider creating a mediation mechanism at the local level to provide faster dispute resolution.

Minimize Use of Force

  • Private individuals and gangs should not be allowed to be involved in the eviction process.
  • Ensure that public order officials receive appropriate professional training for carrying out their public security responsibilities. Review rules of engagement to ensure their compliance with international law enforcement standards, such as the U.N. Code of Conduct for Law Enforcement Officials and the U.N. Basic Principles on the Use of Force and Firearms.
  • Provide public order officials trainings on human rights and the needs and problems faced by the poor.

Consider Broader City Planning Reforms

  • Review current government land holdings and compare them to existing and projected needs for land. Consider redistributing any lands not slated for public use to poor landless households or selling the lands on open markets to increase land supply.
  • Consider surveying all extra-legal settlements and identifying those located on land that will be required for strategic public interest projects over the next ten years or in areas subject to environmental hazards. This evaluation should be subject to independent review. Prioritize residents in all such settlements for relocation to sites that offer access to existing livelihood activities and services. Provide an official license or permit allowing continuing occupancy for a limited period until the date the land is expected to be required for other purposes.
    • Grant residents in all other extra-legal settlements forms of tenure with increased rights, though not necessarily full title. For unauthorized settlements on private land, consider land sharing arrangements. Local authorities should assist residents in mediating with private enterprises, using all available incentives, such as the ability to withhold future development permits to the private corporations, should the corporations fail to act in good faith.
  • Provide local government agencies with training and retraining so as to bolster their capacities in: land administration; managing and implementing urban land-use development; public information and outreach services; impact assessments; consultation with stakeholders; relocation planning; income restoration programs; resettlement monitoring and evaluations; and making routine assessments of the human rights impact of their work.
  • In order to ensure transparency and accountability in the process of city planning, institutionalize regular and genuine community consultation that facilitates participation from all sections of Jakarta’s population, including the poor, women, the elderly, and children. Make gender analyses an essential part of project planning.
  • Implement mechanisms by which low-income citizens can easily access information on proposed development projects.
  • Uphold the rights to freedom of expression, assembly, and association. Recognize the rights of residents and their supporters to speak out publicly on evictions, legal regulations, and other issues of concern.

To Both the Regional and National Governments

Ensure Accountability

  • Investigate and prosecute thugs and vigilantes who violate human rights, and any government officials who employ them.
  • Investigate and prosecute military, police, and public order officials responsible for violence, rape, theft, or arbitrary destruction of personal property during evictions.
  • Investigate and prosecute corruption, fraud, and forgery within national and regional agencies involved in land registration and development. Where government employees have been involved in fraudulent registrations, there should be consequences, including criminal prosecutions and dismissal where appropriate.
    • The Anti-Corruption Commission should consider dedicating full-time staff to investigating allegations of corruption related to infrastructure projects.

To the National Government of Indonesia

Implement Legislative Reform

  • In accordance with the comments of the United Nations Committee on Economic, Social, and Cultural Rights, enact legislation that prohibits forced evictions, by including measures, in conformity with human rights treaty obligations, which provide the greatest possible security of tenure to occupiers of houses and land, and are designed to control strictly the circumstances under which evictions may be carried out.
  • Ensure that existing legislation and policies are adequate to prevent and prosecute private persons—such as thugs or vigilantes—who carry out forced evictions without appropriate safeguards.
  • Provide strong penalties against any public developer or corporate enterprise that harasses or intimidates citizens in any way, including pressuring individuals to move or to accept any particular form or level of compensation.
  • The issue of land acquisition needs more comprehensive and clear legislation than is offered by a Presidential Regulation. Draft a comprehensive law on land acquisition for development activities in the public interest, in full cooperation with civil society and nongovernmental organizations, that:

o correctly limits the power to take land for public interest purposes;

o explicitly covers all affected people irrespective of their tenure status;

o makes the process for acquiring private land for public purposes more transparent and participatory;

o mandates active, free, and meaningful participation by affected communities in all phases of development planning: assessment, analysis, planning, implementation, monitoring, and evaluation.

o guarantees adequate, market value/replacement cost compensation to all rights-holders and occupants on the land;

o guarantees adequate compensation for loss of income related to the displacement so that displaced residents can maintain or improve their current standard of living;

o ensures that monetary compensation is distributed prior to eviction, or arranges alternative accommodation that is available prior to eviction;

o provides for the right to appeal to an independent body adjudications of right to land and levels of compensation; and

o provides for land appraisers who are genuinely independent and who use publicly declared assessment criteria that can be contested by the public.

  • Undertake further consultation with national and international experts on the Basic Agrarian Law of 1960.
  • Consider reforming existing regulations on land title and registration to simplify the process, reduce the costs to individuals, provide flexible requirements on the forms of title evidence required, increase efficiency, and diminish delays. Allow indigent and small-scale landowners and land users to register their land rights for free.

To International Donors

  • Provide capacity building assistance to local NGOs and civil society groups so they can better monitor the compliance of government agencies with human rights obligations in development projects. In particular, provide technical training on: financial auditing; housing and land development issues; best practices on regulating and administering land; and the mechanisms for implementing economic, social, and cultural rights.
  • Provide national and local government agencies with trainings so as to bolster their capacities in: land administration; managing and implementing urban land-use development; public information and outreach services; and making routine assessments of the human rights impact of their work.
  • Consider offering funding for international experts to provide the Indonesian judiciary with trainings on how to ensure that in their deliberations and decisions all of Indonesia’s obligations under the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights are being met.

To the Japan Bank for International Cooperation

  • Investigate allegations within this report of corruption, inadequate compensation, arbitrary destruction of property, and insufficient consultation, related to the land acquisition process for the “Double-Double Track” project. Publicly release the findings of such an investigation, and, if appropriate, provide appropriate remedies for evicted residents.
  • Produce annual reports demonstrating compliance with human rights standards in each JBIC-funded project.
  • Extend the application of the Environmental and Social Guidelines to projects signed prior to the enactment of the new guidelines. Review projects currently not covered by the social responsibility guidelines to consider whether they comply with the new standards, and identify necessary changes to bring such projects into compliance.
  • Provide regular supervision of projects which necessitate involuntary resettlements to ensure compliance with JBIC social guidelines and applicable human rights standards. Make public the findings of such monitoring.
  • Condition ongoing financing of projects on local authorities meeting set requirements, including: providing advance notice to residents of eviction, demonstrating genuine community consultation in project selection, avoiding use of force, and establishing functional arbitration and judicial procedures for residents who refuse to relocate. Monitor and report publicly on government compliance with these requirements.

To Private Sector Developers, Construction Companies, Architectural Firms, and Others Involved in Building Projects in Indonesia

  • Before entering into any partnerships or contractual dealings with the government of Indonesia, or regional governments, demand assurances that the land for projects was acquired in a manner consistent with human rights obligations, and that former residents were adequately notified and compensated for their loss of land, property, and income.
  • Conduct an analysis of the process of forced evictions in project areas, including an examination of persons currently living on the site, and the background and prior conduct of contractors and the local government actors. Based on this analysis, develop policies that will minimize negative impact on residents.
  • Adopt explicit policies in support of human rights and establish procedures to ensure that the financing of projects, or participation in projects, does not contribute to, or result in, human rights abuses. At a minimum, implement a policy to conduct a “human rights impact assessment” in coordination with local civil society groups prior to entering into any partnerships or contractual obligations.

To the United Nations

  • The U.N. Special Rapporteur on Adequate Housing should write to the Indonesian government raising concerns about forced evictions, and should request an invitation to conduct a mission to Indonesia.
  • The Human Rights Committee and the United Nations Committee on Economic, Social and Cultural Rights should raise questions about forced eviction violations in relation to Indonesia’s first report to the respective Committees.
  • UNHABITAT should use its cooperative relationship with the Jakarta administration to advocate for the city to adopt the recommendations listed in this report, and provide the Jakarta Regional Government with assistance in developing a local action plan for secure tenure.