Despite recent progress in the recognition and protection of human rights in Indonesia, evictions and other violations remain widespread, affecting hundreds of thousands of people. Although the right to adequate housing is enshrined in Article 28H of the 1945 Constitution and that Indonesia has ratified ICESCR and taken some steps to integrate it into domestic law, there remains little or no remedy for those evicted.

In Jakarta, more than 12,000 people were evicted in July and August 2008, for reasons including the creation of “green space”, land reclamation, environmental conservation and public order. The 2008 Regional Budget of Jakarta had allocated an amount of USD 65 million for land release indicating the continuation of this policy of evictions. In Jakarta and nationally there is no consistent process for the implementation of evictions. Evictions are carried out in a way that does not comply with international human rights standards or the Constitution of Indonesia.

Although efforts are being made by civil society, including communities, to challenge these evictions or to seek remedies such as developing alternative plans, holding demonstrations, sending petition letters, success in halting evictions remain quite rare. There is a lack of awareness amongst civil society in particular amongst communities on international housing and land rights and the means to use the rights in their advocacy.

While governments are generally not complying with their international obligations, there is a gradual shift in a number of government institutions towards attempting to comply, and to being more open in interactions with civil society in this move towards compliance.

COHRE in Indonesia
In 2008, COHRE focused on providing training to key Indonesian institutions, notably the national human rights commission Komnas HAM, and working with a broad range of partners in Jakarta to develop a joint advocacy strategy on forced evictions.

In August 2008 COHRE organized a Training and Planning Meeting on Urban Evictions with partners the Indonesian Legal Aid Foundation (YLBHI) and Jakarta Legal Aid Institute (LBH) and Urban Poor Consortium (UPC). The session included training elements, advocacy planning and the development of a new network. The meeting was followed by a preliminary advocacy meeting with Government representatives held in Jakarta, at which civil society presented their major concerns regarding eviction to the government. The government officials requested that there be future dialogue and expressed interest in being involved in some similar kind of workshop on housing rights issues.

Also in August 2008, COHRE undertook a field mission to Sidoarjo to the areas affected by the Lapindo Mudflow Disaster. The mudflow has displaced tens of thousands of people and all measures to stop it have been unsuccessful. It is unknown when, if ever, it can be stopped. Those displaced by the mudflow, or at risk of displacement, remain without access to remedy. Mudflow affected persons have experienced displacement from their homes, as well as secondary displacement from the places where they sought shelter. Livelihoods have been destroyed as paddy fields and factories have been submerged. COHRE works with partners in Indonesia to advocate internationally for the human rights of those affected.