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Title 

SESAMA A Bi-monthly Bulletin on Humanitarian News in Indonesia

No

No. 03

Period

1 July 2002

 

AKUI - AKSI KEMANUSIAAN UNTUK INDONESIA

HUMANITARIAN ACTION FOR INDONESIA

 

Editors:  Lea Pamungkas, Lily Djojoatmodjo, and Evi Savitri

 

Editorial Note

What does it mean to be an Indonesian citizen? It means being treated like cattle at the yoke. Exploited to our dying days in the name of a state we don't comprehend. And if we happen to be poor as well, it means living with no opportunities. The case of the inhabitants of Ciliwung River floodplain (Ciliwung River) is a concrete example of what it means to be an Indonesian citizen.

The people of Ciliwung River floodplain have done all that they can to make their contributions as responsible citizens: they have paid land and building taxes, retributions and rubbish collections costs - even though thousands of others haven't even thought about paying, and moreover have stolen state funds to their heart's content. Yet they managed to put aside sufficient sums from their already meager earnings. And their daily work is by no means unproductive: carrying clean water to the inhabitants of the luxury housing complexes in the area, or making brooms and feather dusters. In their inspiring creativity, they have not demanded much from the state: their right to live, right to freedom, right of ownership and right to live peacefully without being intimidated and evicted.

But the Indonesian Government is ashamed of the conditions of the poor. They were evicted with violence when they were living in a number of locations in the area around the Soekarno-Hatta airport that services Jakarta. The Indonesian government is ashamed at the prospect of tourists passing by, observing the haphazard and impoverished state of its citizens.

The eyes of the tourists are considered more valuable than the lives of the poor. They who have never demanded any of their rights from the state, such as a poverty eradication programme, farming or fuel subsidies or small business credit, never mind a housing scheme. The Indonesian Government has managed to entirely forget the concept of 'autocriticism.' And that is why the government was so upset when 15 poor Jakarta residents took out a Class Action: suing the government over its incompetence.

They have even planned a counter attack. The government argues that it is the poor themselves, the inhabitants of Ciliwung River floodplain who are responsible for the floods. In so doing the government is suppressing a number of other equally important factors: the destruction of the environment by industrial zones, the diversion of water to the luxury homes in Puncak, as well as the lack of an integrated approach to preparedness which results in a tendency for sectorally-limited and inefficient responses to flooding (for example the central and local government programmes operate separately).


So repression continues. And it is evident that steps taken by the government against the poor who live near this river are clearly excessive. Not only were they evicted in an inhumane manner, but they have also been given no alternative housing within Jakarta. It is increasingly evident that the confusion over the repatriation of the impoverished inhabitants of Ciliwung River floodplains is no more than an attempt to get rid of the problem without taking any responsibility.

AFTHERMATH OF THE JAKARTA FLOODS:
THE GOVERNMENT BLAMES THE INHABITANTS OF BANTARAN KALI CILIWUNG

Introduction
Jakarta Floods: A Cumulative Problem
The floods that hit Jakarta at the end of February 2002, have given rise to further victims. These are the inhabitants of the Ciliwung floodplains. It is this river, which cuts through the heart of Jakarta, that is considered to be the primary cause of Jakarta being under water for more than a month.

This time the floods were of startling proportions, some areas were submerged under 3 metres of water, and other areas that are normally not affected by the floods were also hit. Jakarta, a city that never sleeps, was paralysed. Around 8.3 million of its inhabitants became victim to the floods. Reports from the Ciliwung Project (Sanggar Ciliwung) - a humanitarian organization which supports the impoverished victims of the floods - indicate that by the second week of the flooding, 36 people had died and that the number of people who had fallen ill was too great to count. Loss and destruction of property was wide-spread and loss of income due to inability to work was also significantly high, In general the people feel they have suffered extensive losses, a matter which was compounded by the delay in the government's response to the disaster.

The Meteorology and Geophysics Organisation had in fact already warned the government that there was the likelihood of a major flood, but the warning was not given serious consideration. For example the closing/opening of floodgates in a number of strategic areas was delayed and dependent on a decision by the Governor and the President. This is one of the reasons that the water levels in a number of areas was allowed to reach such high levels, resulting in a number of deaths.

Steps which were needed in order to anticipate flooding in Jakarta - a regular occurrence - were not implemented. This is despite the fact that funding for the anticipation of flooding is allocated yearly within the routine Provincial Budget (APBD - Anggaran Pendapatan dan Belanja Daerah). The Urban Poor Consortium (UPC) stated in a press release that the 2001 budget has allocated around Rp. 250 billion for the development of water sources and the prevention of flooding. "Where did the people's money disappear to?" asked the UPC (Tempo Newspaper, 01/02).

According to the UPC, the budget included a programme to improve the quality of water in rivers (Rp. 99.7 billion), build a proper drainage system for the city (Rp. 140 billion) and build environmental drainage (Rp. 9.8 billion). In actual fact the drainage systems failed to accommodate the water overflow following days of torrential rain. There was an inability to estimate the water level the Ciliwung River might reach, for example, despite the fact that the character and tendencies of the Ciliwung River are well known.

Both at the time and in the aftermath of the flooding, a wave of disappointment swept through the people which was aimed in particular at government inability and apathy. This was only compounded by the Governor of Jakarta, Sutiyoso's comments at the outset of the flooding. On the first and second day of the floods which had already resulted in the forced eviction of 40,000 people from their homes, Sutiyoso blithely announced that, "this is only routine flooding." However, his "only" last just a few days, because he then went on to state that, "the floods were due to a divergence of weather fronts which resulted in a sudden increase in water level."

Because of the reasons given above, in the middle of March 15 inhabitants of Jakarta who were victims of the flooding took out a Class Action. They represent all the victims of the flooding (class representatives) and are suing the Indonesian Government, namely the President of Indonesia, the Jakarta Provincial Government, namely the Governor of Jakarta and the West Java Provincial Government, namely the Governor of West Java.

They stand accused of acting in violation of the law, that is that they did not implement an Early Warning System and an Emergency Response procedure in respect of the flooding which as resulted in the already impoverished inhabitants of Jakarta suffering further - some died, some lost their possessions and incomes and some have succumbed to illness both during and ensuing the flooding period. By June the Class Action trial had already received its seventh hearing.

The People's Money Disappeared


Aside from this, a number of Jakarta inhabitants are complaining about the mechanisms to provide assistance to the flood victims, much of which has not reached its targets. For example, two mass based organizations, the Association of Indonesian Muslim Workers (Persaudaraan Pekerja Muslim Indonesia - PPMI) headed by Eggi Sudjana, and the Association of Flood Victims (Persatuan Warga Korban Banjir - PWKB) yahich include the victims of Teluk Gong, Penjaringan and Rorotan North Jakarta, Cikini Kecil Central Jakarta, Cawang and Halim East Jakarta; have asked for the use and disbursement of as much as Rp. 50 million from the Provincial budget which allocated to 167 affected areas (lurah) to be accounted for.

They complain that the funds in question never made it to the victims who were affected by the flooding. For example, in connection with the free medical treatment and assistance in the form of rice which was allocated via the lurah, Kurniawan, from Cikini Kecil, Central Jakarta, states that his father was asked to pay Rp. 12,000 when he received treatement at the Kramat VII government health clinic (Puskesmas). This is despite the fact that Governor Sutiyoso and the Jakarta Health Department stated on a number of occasions that the local government would provide free treatment to the victims of flooding (Kompas Cyber Media,02/02)

The same complaint is heard in respect of assistance earmarked for the repair of housing due to the flooding. The Jakarta local government allocated around Rp. 22 billion from the total post-flooding rehabilitation fund of Rp. 251.828 billion. The funds in question were taken from the 2002 local government budget and not from the reserve funds that at the moment stand at around Rp. 506 billion. It is not clear how this funding will be allocated. The head of Public Relations and Protocol of the Jakarta local government, Muhayat, has stated that the government will give assistance of as much as Rp. 200,000 per household which has sustained flood-damage. This assistance is only for proper/officially accounted for housing, and not for the slums/squatter housing located in the floodplains. The assistance will be disbursed via the lurah. Based on official data, of the 276 lurah in Jakarta, as many as 167 of them were affected by the floods. It is strange however that the funds have already been allocated notwithstanding the fact that the local government has as yet no data in respect of the number of houses which have been damaged and which will receive assistance. Moreover, data in respect of the cost of the total damage is not yet available. Yet, appearing in front of local government assembly Commission II, Governor Sutiyoso stated that the estimated cost of the damage would be made public as soon as the floods had subsided. (KCM,02/02).

But hopes are no more than hopes. According to statements by a number of inhabitants, assistance for renovations has not yet (will not) materialized. They acknowledge that there is a list of inhabitants whose houses have sustained damage that is being held by the local administration, but the criteria to get onto that list are not clear. "Houses in good condition are also on that list. What's the point of getting on the list if we won't get anything even though our homes are in ruins," stated Yanti (25), an inhabitants of Kampung Melayu Kecil (KCM,02/02)

Distorting the Facts Relating to Underlying Causes

Various arguments and analysis of how such a disastrous flood could occur have been made. Aside from the matter of the conditions of the Ciliwung River floodplain, another reason often mentioned is the interference with the conservation area in Puncak (Bogor, West Java), the location of the source of the Ciliwung River, by the mushrooming luxury housing complexes that have been built without a license (IMB, ijin mendirikan bangunan).

The blocking up of the source of the river and water conservation areas by these villas has resulted in the Ciliwung River being unable to hold water, with the result that it sends excessive flood water down to Jakarta which is located at a much lower level. The irony is that many of the owners of these villas are Jakartans, and moreover the names of a number of dignitaries and generals have been mentioned, for example the Governor of Jakarta, Sutiyoso, who has been proven to have owned a villa built without a license, as well as the former Commander of the Land Forces (Pangkostrad), Djaja Suparman, the former Minister of Defense, and Military Commander Wiranto. The list includes members of parliament such as Moerdiono, Amirul Isnaini and haris Sudarno (Kompas dan Media Indonesia,26/2). The Vice President Hamzah Haz also has a villa there (Tempo,25/2).

Sutiyoso eventually pulled down his 1 ha villa. This is ironic because initially it was Sutiyoso himself who was pointing the finger at the unlicensed villas in Puncak as the cause of the flooding. Yet to date thousands of villas are still located in that area. The Bogor local government only insists that the villa owners dig their own well for reserve water in the location of their land.

But the government has found itself a new bogie man to blame who is far more appropriate than the luxury villas. Namely the inhabitants of the Ciliwung River floodplain. According to the Minister for Housing and Regional Infrastructure, Dr Soenarno, the reason for the floods in Jakarta is that the capacity of the river which is not able to hold the water flow which runs through it. And the reason for the fall in the water capacity is the mushrooming of buildings in the floodplain. Moreover, both government regulations and regional regulations do not allow for building on the floodplain. However the facts are that there are around 30,000 households living there. (Tempo,3/3).

Because of this statement, now people who do not live on the floodplain are blaming the floods on those who do live there. Because of this accusation, the reasons for the flood have become a 'collective sin' which resulted in the class action by the people of Jakarta. Yet aside from the inhabitants of the Ciliwung River floodplain, there are many other factors which have not been mentioned and acted upon by the government, for example the data which has been mentioned by Romo Sandyawan Sumardi from the Ciliwung Project, namely that the reduction in the 'water parking' area in undeveloped areas which once acted as a water parking area, have been developed into housing complexes, shopping malls, offices and the like such as has occurred in Pantai Indah Kapuk, Cempaka Mas, Kelapa Gading, Sunter etc. The government hasn't taken any action against the elite complexes, hotels, express have a role in causing the floods. Whereas the simple housing in the floodplain of the Ciliwung River have in effect been rendered legal by the State in the form of receiving payment for land and building tax, provision of electricity, phone lines and water in this location.

Dealing with the Ciliwung River floodplain Inhabitants.

The government has been planning to create order and relocate and repatriate the inhabitants of the floodplain. In order to do so it has developed a three-option programme: first, improving the housing along the river banks by building blocks of flats for rent; second, building twin-block housing complexes outside of the floodplain area for rental; three, building flats for rental on the river.

According to Katrin, the Public Relations Officer for the Department of Housing and Regional Infrastructure, this department will obtain funds for building from the State Budged (APBN - Anggaran Pendapatan dan Belanja Negara) as well as assistance from the Dutch government, namely the Minstry for Housing and the Environment (MVROM) and the ministry of Transport and Water (MV&W) in the form of US$ 10 million. Appropriate relocation areas have yet to be identified, but the blocks of flats in the Manggarai and Cipinang area serve as an example of what is intended. "The local inhabitants will be able to buy these flats in daily installments," said Katrin. (Media Indonesia,20/2).


Building the East Canal Dam

Aside from this plan, the central government will build the East Canal Dam. Funding of as much as Rp. 18.20 trillion taken from the APBN will be provided for this enormous project, which includes other projects which aim to stem the flooding in the Jakarta-Bogor- Tanggerang-Bekasi area (Jabotabek). The building of this canal will complement the existing West Canal system. If the two systems function, then 13 rivers which once flowed in the direction of Jakarta will be diverted directly to the sea, avoiding the capital city. The West Canal Dam was built during the period of Dutch colonialism. This system was based on the design of Prof Ir Van Breen in order to divert the flow of the Ciliwung, Krukut and Baru Barat Rivers. The East Canal Dam is intended to be 23 Km long and 100 metres wide, which includes 36 metres for an inspection road. The East Canal Dam will divert the flow of the Cipinang, Sunter, Buaran, Jati Kramat and Cakung Rivers.

Needless to say, efforts to build the East Canal Dam will face a number of serious problems, including the massive burden of payment for land compensation. According to the Head of Public Works for Jakarta, IGK Suena, compensation for land will cost around Rp. 1.6 billion. This means that the total cost of building the East Canal Dam will be in the region of Rp. 3 trillion. The East Canal Dam project began at the beginning of June this year. The government will continue its plans to build a canal and to normalise the Cisadane River. This canal will allow for excessive water from the Ciliwung River to be diverted into the Cisadane River. At present, the cost of building the canal has been agreed to with the assistance of 14 million Yen from the Japanese government.

Inhabitants of the Ciliwung River Floodplain Evicted With No Clear Relocation Plan

The government is planning to relocate the inhabitants of the Ciliwung River Floodplain as quickly as possible. The Governor of Jakarta, Sutiyoso, has stated that the Jakarta government will not be able to relocate the inhabitants of the Ciliwung River floodplain on its own. Thus, the problem will be passed on to the Minister for Housing and Regional Infrastructure. And according to the plan, the government must complete the building of the housing in question by the end of 2002. However, to date the question of where 'tens of thousands of people will be relocated,' is still in question.

The Head of the Regional Planning and Development Body (Bappeda), Ritola Tasmaya, has admitted not knowing exactly what preparations have already been made by the Minister for Housing and Regional Infrastructure in the matter of this relocation. However, he added that locations for the building of housing have already been provided by local government. "The first stage will take place this year. The Ministry of Housing and Regional Infrastructure will build 3,000 of the 30,000 houses that will be built. The budget involved is estimated at around Rp. 60 million," he said whilst refusing to identify the location in question together with a number of other questions in respect of housing provisions for the inhabitants of the Ciliwung River floodplain (Media Indonesia, 22/04). In the meantime, the Minister of State for the Environment, Nabiel Makarim, has only stated that the will look for land suitable as a relocation site. "For example, land which is under the BPPN (Badan Penyehatan Perbankan Nasional). Another alternative is that they will be relocated to land owned by the government that is being held by the BPPN.

However news that the inhabitants of the Ciliwung River floodplain will be relocated to land under the BPPN is considered unrealistic and no more than rhetoric that will be hard to implement in practice. An expert in property development, Panangian Simanungkalit, stated that land under the administration of the BPPN is the property of developers who are still in the process of restructuring. He added that he was also not convinced that the area in question would be sufficient for the relocation of all the inhabitants of the floodplain. In addition, in order to obtain the land there would have to be serious efforts by the Jakarta provincial government and the local parliament. Hundreds of hectares, he said, is land for social projects of public works which has been appropriated by the developers.

Conditions of the Inhabitants of the Ciliwung River Floodplain


On average, the population density along the floodplain of the Ciliwung River is very high, over 15,000 people per Km2. The highest population density is found in the Bidaracina Kelurahan, Jatinegara sub-district, East Jakarta, which is 4,422 people per hectare (Romo Sandy, Ruang Sisa). The social stratification amongst the inhabitants of the Ciliwung River floodplain is mixed. This is evident from the environment where they live, from the housing of those from the weakest economic groups to those from the elite. The people who live in the poorer areas usually work in the informal sector, including in small kiosks selling food, selling cheap goods such as factory offcuts or second-hand clothes, garages, electronic and fridge repairs, slaughtering chickens, making brooms, mattresses and pillows, selling petrol etc. working out of their own homes, or as fisherfolk or lowly paid workers in both government and private organizations. Their income is spent entirely on food, even though sometimes there is enough to send their kids to school, back in their home villages.

Under such conditions, the inhabitants of the river floodplain tend not to be able to provide their own individual or communal sanitation provisions. As a result, the largest number use the river for their needs, including washing, cleaning and as a latrine as well as a place to throw their rubbish. This has clear implications for the health of the inhabitants, who are prone to illness, particularly of the digestive system and of the skin.

Post-floods, the Jakarta government has increased its efforts to evict the inhabitants. The government has a never-ending list of excuses that it rolls out in order to justify its actions. From the excuse that the inhabitants are no more than seasonal migrants who are sources of crime, to accusing them of being the roots cause of the recent floods. The most upsetting is that they are being evicted because they are 'illegal occupants,' because they don't have Jakarta ID cards, which means that they have no right to live in Jakarta.

Referring to such statements, Tarjo, an inhabitants of Balekambang, Codet, Jakarta says that he feels that he is being treated unjustly, "we pay taxes here, the rubbish collection fees, security fees, it's easy to blame us like this." Tarjo is not concerned with the Jakarta government's claim that 95% of the floodplain land belongs to the state. He challenges the government to prove its claim with land ownership papers. "We live here because we bought the land, not just because we came and occupied it," said Tarjo who has lived on the Ciliwung River floodplain for almost 25 years of his life (Tempo Newspaper,10/4).

Eviction Methods: Arson, Violence, Intimidation,
But whatever the arguments and excuses, the government continues with its evictions. The following is a an observation from the Ciliwung Project: "To date the local government has not evicted the elite housing areas or the large buildings which are located on the floodplain (and here discrimination against the lower classes is evident) but continues to carry out orderliness (read: eviction) programme in the poor areas. Such as has occurred to the inhabitants of Teluk Gong, Penjaringan, North Jakarta, who live nearby the elite housing complex of Pantai Indah Kapuk. The Teluk Gong area has been the target of eviction programmes over and over again (more than five times between 16 October 2001 and 31 May 2002), by knocking down buildings by force, including arson."

This 'orderliness' programme often uses force, and there is no process of dialogue between the inhabitants and the local government. Law enforcement agents arrive with a final reminder and destruction order. Often the letters never reach the inhabitants in question. Often they used people who they claim represent the inhabitants, who are paid to influence other inhabitants in order to accept compensation offered by the government without any due process (even though the sum offered is way short of what is considered acceptable). Or else they send in hired thugs in the name of the local inhabitants to evict the incomers who are accused of ruining the view because of their impoverished conditions. The local government is embarrassed to have a such a slum area so visible from the freeway which heads towards the airport (Kompas,10/2001), but gives no thought as to how to eradicate poverty - they only think up ways of evicting the inhabitants by whatever means necessary.

Steps to evict the inhabitants have intensified over the last year. Since August 2001, according to Romo Sandyawan Sumardi, the head of the Ciliwung Project, quoting from data obtained from the Anti-Eviction Network (Jaringan Anti Penggusuran, which includes the Jakarta Social Institute - Institut Sosial Jakarta; the Jakarta Socialist Youth - Pemuda Sosialis Jakarta; Jakarta Legal Aid Foundation - Lembaga Bantuan Hukum Jakarta; Jakarta Inhabitants Forum - Forum Warga Kota Jakarta; Pijar; Volunteer Team for Humanity - Tim Relawan untuk Kemanusiaan Internasional NGO's Forum on Indonesian Development and UPC), throughout 2001 as many as 48,870 people have become the victims of forced evictions in Jakarta. Of that total, as many as 29,322 are women and children. This figure swells further if you include the victims of the rounding up of rickshaw drivers programme, which includes 24,000 people and the 12,000 small traders who have been evicted (Sandyawan Sumardi, "Ruang Sisa").

Many sections of society and organisations have for some time now already registered their protest over these arbitrary actions. During discussions between the Jakarta local government and the Indonesian National Human Rights Commission (Komnas HAM), agreed to a moratorium on the problem in question. However this agreement has been violated by the local government. The agreement was less than 100 days' old when on 7 January 2002, evictions began to take place once again in the Canal Dam area (Sandyawan Sumardi, Ruang Sisa).

Relocation of the Inhabitants of the Ciliwung River Floodplain: Empty Promises?

Plans for an integrated management of housing and the Ciliwung River as implemented by the Department for Housing and Regional Infrastructure in collaboration with two Dutch ministries, namely the Ministry for Housing and the Environment (MVROM) and the Ministry for Transport and Water is seriously questioned in a number of quarters. Particularly if seen from the context of the number of arbitrary actions which are being perpetrated by the government against the poor. Another excuse is regional autonomy, where this programme becomes no more than a slanging match between the central and local governments involved (Jakarta local government, West Java local government and Banten local government). Or conversely becomes a forum for 'sharing the spoils,' between local government officials. In this context the inhabitants in question become no more than observers. The Anti-Eviction Network notes that many arbitrary incidents have taken place within the context of these programmes, such as speaking in the name of the people in the interests of the programme.


In addition, this US$ 10 million programme funded by the Dutch government is clearly very susceptible to injustices. In the conditions for relocation, allocation of flats is prioritised to those who have Jakarta ID cards, with the result that inhabitants with ID cards from other areas will be 'sent back home.' And those relocated will have to pay rent for their flat, or they will have to buy it. It is clear with the economic conditions of the inhabitants of the Ciliwung River floodplain such as they are, that these blocks of flats are not in fact intended for their use.

Compensation which has been offered to certain people is very small, and certainly not sufficient to enable the inhabitants to pay rent never mind buy the flats in this area. Aside from the rental costs, the lives of the inhabitants would also be made more difficult because it will be harder for them to carry out their economic activities from blocks of flats, for example handicrafts, tailoring, slaughtering of chickens, selling food etc. This is because they need more space as well as being more accessible to their potential customers than living in a block of flats allows. For these reasons it is not economically viable for them to live in apartment blocks, with limited facilities and expensive rent (within the context of their economic limitations).

The sequence of events which are currently taking place in Jakarta indicate quite clearly that what the government is doing is an effort to 'clean up' they city of its poor inhabitants in their legal settlements. By throwing them onto the streets, the government is blocking off any hope they have to a life.

 

AKUI- Aksi Kemanusiaan untuk Indonesia

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