•    HOME   
•    NEWS   
•    BUSINESS   
•    INTERNATIONAL   
•    TECH   
•    SPORTS   
•    LIFE & TIMES   
•    OPINION   
•    MY JAKARTA   
•    BLOGS   
•    EYEWITNESS   

Jakarta. Legal activists have sounded the alarm over a draft amendment to the 1992 Housing Law that they say could criminalize squatters and other low-income people.

“We have several problems about the draft, one of them being the stipulation of a jail sentence and fine for those who oppose their relocation by the government,” Tommy Albert Tobing, from the Jakarta Legal Aid Foundation (LBH), said on Wednesday.

“The potential for human rights violations in the draft is alarming,” he added.

The controversial draft amendment is being deliberated in the House of Representatives and is expected to be passed next week.

The most contentious item is Article 126, which punishes those obstructing or rejecting relocation with a year in prison and a fine of Rp 50 million [$5, 475].

Tommy said this would have a dire effect on squatters and the poor in urban areas, many of whom are routinely evicted from their homes or relocated to make way for roads and other developments, or because they occupy disputed land and riverbanks.

“In Jakarta alone, there are many infrastructure projects in the pipeline, such as toll roads and river dredging, that will require a lot of land to be freed up,” he said.

The provision came as a complete shock to nongovernmental groups like the LBH because they had been left out of the drafting process, he added.

“NGOs were shut out of the discussions for no known reason.

“We only found out about the article now, when the draft amendment is about to be passed. We therefore call on the House not to rush in passing the draft.”

Other points in the bill that the LBH has criticized include Article 108, which stipulates a similar punishment for anyone building a home in non-residential zones, and Article 112, which punishes officials who issue permits or identification documents to those living in such areas.

Alghiffari Aqsa, an LBH lawyer, called Article 112 “a clear human rights violation.”

“Possession of an ID card or birth certificate grants residents access to state facilities such as health care and education,” he said.

“How could the state prohibit local administrations from issuing such documents?”

He cited a case in Ciracas, East Jakarta, where 100 people were denied ID cards because the urban ward office had deemed them “illegal settlers.”

Alghiffari added the bill provides little regard for an evictee’s right to adequate living space.

“The bill should provide assurances that relocated people will be moved someplace with at least similar conditions to those in their old area,” he said.

“The international human rights convention covers legal protection, access to public facilities and cultural suitability, while the bill only addresses safety and health.”

Hamong Santono, the national coordinator of the People’s Coalition for Water Rights (Kruha), said the provisions made the bill “very pro-real estate [developers].”

Susanti, a resident of South Petukangan, South Jakarta, opposes the passage of the bill.

She herself faces eviction because of the development of the Jakarta Outer Ring Road West 2.

“This is going to work against the people,” she said.

“The government with all its power fails to notice that a lot of us are still living in poverty and can’t defend ourselves.”

If the bill passes as it stands, she said, community activists like her could face prosecution.

“This could trigger many conflicts within society and would only worsen the people’s distrust of the government,” she said.