Sunday, June 9, 2013

Remodeling the protection of Minority in Indonesia: Case of Shia Sampang

On 5th June 2013, the ministry of coordinator of people welfare held focus group discussion regarding finding best solution for Shia in Sampang. I was invited to be one of speaker in the workshop together with Mas Ihsan  from Paramadina and representative of minister of politics and human rights. The aim of the workshop was to understand the root causes of conflict in Sampang and find the relevant solution which could give win-win solution to both Shia and Sunni. 

It has been nine months, 147 Shia people are staying at indoor stadium called GOR Sampang. they are affected by the attack of intolerant mass on 26th August 2012 which caused many peple injured, 1 person die and hundred men, women and children ought to flee from their village, Nangkernang-Omben-Sampang-East Java. Though government has provided basic support to internal displaced people (IDPs) regarding their food, sanitation, clean water and security. This does not effect to push to resolution phase of conflict. The Sunni group which affiliated to the Bupati (head of district) and Muslim leaders coalition called Basra  are insisting to relocate Shia far out side Sampang. while, shia would like to go home to their home town. But since there is no guarantee from the government and security force, Shia people must wait for sometimes.

According to Mr. Damanhuri from Ministery of Politics and human rights, the local government has spent about  Rp 2.767.257.500 to give IDPs subsidize. The policy of emergency is only for three months period, but now IDPs has been 9 months living there. Assessment and visit from the national government has been taken place but no concrete solution could be executed to end the conflict and displacement. 

Rights based approach is an approach that putting human rights as main instrument to use to enforce law, in which the perpetrator of violation of human rights against Shia minority should be punished in accordance with level of violation. In Case of Shia in Sampang, this approach has frozen the situation, impunity to perpetrator because of mass pressure to ask consensus; when Rois is arrested  then Tajul must be arrested as well. So, this will give balance situation. The result was so disappointed that Rois has sentenced by several months and finally release, while Tajul as leader of shia was sentenced for 4 years because being accused as conducting religious desecration (penodaan agama). While hatred are increasing among sunni and this is threatened shia side. 

Noisy approach has been also taken up to solve this problem using media. The civil society had approached to some popular media such as MNC, Media group, Berita Satu, etc to ask them to report situation beyond conflict and attack. The CSO provided some issues regarding impact of conflict to livelihood of people, agriculture, health and education, that media could expose to get people empathy and force the national authority to take serious action in solving the conflict. But, seems the more we produced political statement and public action on the public, the more "sunni" people in Sampang put pressure to shia. On 7 May 2013, thousand of sunni people coming from Sampang surrounding came to the office of head of district and urged the head of Sampang district to produce legal document to relocate shia. 

We may think other solution in between relocation and reintegration. Relocation solution for shia may cause new problem and more complex. Government should think over about acceptance of new neighborhood, security guarantee, livelihood of IDPs, sustainability, but this will produce discourse on win and lose. The majority will win and feel that  they are right. And impunity will strengthen. On shia minority side, relocation will create feeling of rejection as citizenship, distrust to state because what stated on the 1945 constitution of Indonesia has different story with the implementation of constitution. 

Reintegration of course the best solution to take up. The big impact on picking up reintegration solution to Indonesia is the enforcement of human rights in this country becoming stronger. The violent majority will learn big lesson that they could not take violent action against anyone in regards to religious practices. But reintegration might cause "anger" among the majority because numbering does not say anything. Therefore, through reintegration is chosen as the best solution, there is important to make sure that all interest of groups must be accommodated. This is what Ihsan from Paramadina called as Interest Based Approach in solving the conflict. 

To conclude, government must really take a serious action in creating mediation team which comprise of people who has clear perspective and not minority bias. This is important to have strong position over human rights but at the same time appreciating local wisdom which is sensitive to minority and gender, to be capacity that can be used to conflict resolution. The other important part is to map connectors and dividers of the reintegration resolution, to understand clearly their political, economical and cultural interest over the situation, so this can produce better elements of negotiation in the future. Inculding, we should also be objective in looking at the political agenda of Tajul Muluk, Rois, Basra, Bupati Sampang, NU as muslim institution, investor, or others. So, human rights will be our faith in judging the situation, but negotiation and getting consensus is important. Because there is no absolute freedom. Living in pluralistic society like Indonesia, teaching us to respect others and manage the differences by considering not only human rights principles but also our local wisdom. ***


No comments:

Post a Comment