OCTOBER 2 — Society is guilty if anyone suffers unjustly – Justice VR Krishna Iyer

In commemoration of the World Habitat Day, the plight of urban pioneers must be addressed by the government on a serious note. Series of demolitions and forceful evictions under the new government should not become a norm in similar fashion to the days of Umno/BN government.

Staggering hope and euphoric celebrations of changing a kleptocrat government still rings the bell of joy in most of us, a fruit tasted after 60 years of seeding and grooming. However, as any Tom, Dick and Harry might have retorted that governments may change, politicians may change, but the plight of the marginalized and oppressed remains the same.

Well, looking into the current scenario, it’s more likely to be a hard-hitting fact in an ever changing and evolving society.

100+ days since the highly aspired Pakatan Harapan walked into the office as the federal government with the hope of championing people’s dreams for a better nation. A definite promise was they would be anything but resemblance of Umno/BN but sadly enough, several hurtful events proving us wrong because day by day they are reminding us the darker days of Umno/BN.

Irony at its epitome, or shall I say in the words of the late British historian, Lord Acton; “power tends to corrupt, absolute power corrupts absolutely.”

It is a funny and devastated feeling, that even with the change of government led by a bunch of social activists, human rights advocates and staunch democrats, the downtrodden urban pioneers are living in fear of losing their homes to the greedy capitalists, silently observed by the trusted and elected politicians.

Interestingly, today’s Federal Territory Minister, Khalid Samad was once detained by the police in the fight against forced eviction cum demolition in Kg Rimba Jaya back in year 2007. In spite of that, a group of concerned people of Kg Padang Jawa Lot 626 & 1416 are facing yet another eviction threat jeopardizing their livelihood which blatantly discriminates their basic rights of securing a place of shelter. Again, hypocrisy speaks for itself.

Before dealing into the polemics of Kg Padang Jawa residents, it is vital to understand the concept and roots of Urban Pioneers.

Who are the Urban Pioneers?

They were and still are the backbone to the development of today’s sophisticated cities embodying hundreds of skyscrapers, high-end residential apartments, government infrastructure, multi-story shopping complexes and many other developments that have benefited to the nation’s economy and modernity.

Nevertheless, they have been legally tainted as "squatters" which leaves them sufficiently vulnerable in the hands of the rich and powerful.

Despite so, this obvious injustice should not and could not be treated as an unquestionable fate written for them to abide.

In the book, Urban Pioneers: Struggle for Justice (1995), Dr Nasir Hashim the current chairman of Parti Sosialis Malaysia have diligently noted that, “these urban settlements did not arise as a matter of coincidence or beyond the knowledge of the authorities, but were actually part of the government policy under the national industrialization and development plan.”

He further explained of the rural migration to the city by the villagers as a consequence of the encouragement in the early 70s in order to provide the labour power for the factories, in which they (people) were allowed to build settlements in areas around the cities and even provided with basic amenities in order to reduce the pressing demands of living in the city.

What were the policies that drove them to the cities?

It was the noble intention of the then government to eradicate poverty between the rich and poor, between the town and village, and most importantly between the ethnicities (notably between Chinese and Malays).

In the hope of making their lives profitable, these villagers resorted to migration, thus, as Nasir Hashim (1995) accounted, idle and reforested lands, old mines, hills, undergrowths, garbage dumps and swamps were developed year after year, expending much energy and hard earned money to raise a community.

However noble it was, the structured New Economic Policy (1971) was vehemently criticised for not staying truthful to the agenda of uplifting the poor in general, but successfully creating a handful of elites and capitalists among the Malay community, leaving the majority to strive for a decent living and adequate wages. To be noted, throwing promises in the air might be a plague itching tongues of politicians which turn to be invisible and untraceable.

Since then till today, the government leaders of the day have acknowledged their presence and at every visit and at each election the people were promised the ownership (titles) to the land, but the problem is, it never took place, somehow reflecting to the auspicious words of Tun Dr Mahathir Mohamad, manifestos are not to be completely followed, even when the lives of the poor are at stake.

Well, new national car is the way to go.

They are squatters; they don’t have rights over the land. Or do they?

Malaysia became an official member of the United Nations in 1957, and therefore we, as a nation are obliged to professionally adhere to the universal principles and rights championed by the UN, at least that’s what we clamoured to do all this while.

Under those circumstances, on March 10, 1993, Malaysia along with 53 other countries signed a monumental resolution on forced eviction, stressing the point that demolition of houses by force was a gross violation of basic human rights. Twenty-five years have passed, yet, forced eviction is still a shameful norm without a civilised solution.

Commission on Human Rights Resolution 1993/77 resolution further urges the government to undertake immediate measures, at all levels, aimed at eliminating the practice of forced eviction; to confer legal security of tenure on all persons currently threatened with forced eviction and to adopt all necessary measures giving full protection against forced eviction, based upon effective participation, consultation and negotiation with affected persons or groups.

Most importantly, the urban pioneers were not trespassing, but they were properly allowed and authorised to build settlements on government and vacant land, and most importantly, as Nasir Hashim (1995) mentioned, they were provided with basic amenities like any other village including water supply, electricity, roads, postal services, telephones, community halls and mosques.

Their houses were also accounted for in the census to enable them to vote in the elections. In this sense, it is clear that they were treated exactly like any other rightful residents of the land which was not merely on moral ground but as a reciprocal manner for their contribution to the developments enjoyed by many today.

Urban pioneers cultivated and developed not only the land that they intended to set up the settlements, but they were instrumental in developing what we are seeing today as urban cities.

Disregarding and evicting them without a rightful compensation as soon as their settlements become a prime land is a total injustice and disgrace served in the name of legality, rules and regulations.

Why is it more disappointing now?

Fathoming the struggle of failing to find a reasonable compensation based on pure natural justice under the highly hoped leadership of Pakatan Harapan is an absolute disappointment to many, especially the people who have poured their trust and votes with the hope of not to endure the same fate as they had in the hands of Umno/BN. If this is a film, then this is a badly written script with a totally turn-off climax.

The trust on PH government would be shattered if reasonable negotiations and compensations on the merits of natural justice and humanity did not materialize to these downtrodden masses. It is an unavoidable responsibility of the people in power to capitalize their power and position to take side with the voiceless, not stamping on them at their weakest.

Alternative housing is a ridiculous demand?

History have recorded its strong precedence, though alternative houses may sound impossible and ridiculous to the book abiding law enforcers, lawmakers, and corporate capitalists, but it is realistic and has been achieved through long and passionate struggle by countless urban pioneers and estate workers who were threatened with displacement and forced eviction in the past.

To cite a few struggles, the people of Kg Berembang (Ampang), Kg Rimba Jaya (Shah Alam) Kg Sungai Putih (Lembah Jaya), Kg Bumi Hijau (Setapak), Kg Pasar Baru (Kg Pandan, Ampang), Kg Lindungan (Petaling Jaya), Kg Udara (Sungai Besi, Kuala Lumpur) and many more won their alternate houses at the same place where they have stayed before the eviction.

Estate workers aren’t an exception, the workers of Ladang Sungai Rasah (Klang), Ladang Braemar (Kajang), Ladang Brooklands (Selangor) and Ladang Bangi (Selangor) are living examples to the fact that those who fight for their rights, will win — despite of the time, energy and resources spent.

They were granted with victory of securing alternative houses as their rightful compensations, ignoring the odds with perseverance.

These compensations are not imaginary or beyond the reach, but the clear lackluster of the elected representative in addressing the plight of the poor and lack of political will that turn things troublesome, complicated and eventually skewing to the desire of developers.

Kampung Padang Jawa

It is disheartening to go through similar harassment, political bullying and unfair treatment of the powerless by corporate greed. As I’ve mentioned earlier, it is funny yet devastating that we still have to lament and lambast over such human rights issues when these elected representatives have been advocating against likewise human rights violation.

Today, the livelihoods of 35 Kg Jawa villagers are bleak and threatened as their future is anything but bright. Resided in the locality up to 50 years now, the place which was once called as home of the three generations became uncertain since the developer, Ehsan Bina Sdn Bhd slapped them with a court order demanding them to evacuate by or on October 4, 2018.

Living in the fear of being stranded on the streets have been haunting the villagers, since the last negotiations were not even close in meeting an appropriate demands but merely another set of talk to chase away the people empty-handed.

As things becoming messier, the people are becoming more and more confused, whether the poor aren’t eligible to lead a decent live without the subjugation by the wealthiest and the political elites? Is this a fate that one has to encounter just because they aren’t equipped with money and power?

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.