Monday, November 17, 2014

Beijing+20:Fundamentalism, Women Minority and Migrant Worker

Oval: Beijing +20 Review
This independent report by Indonesian women in civil society articulates a comprehensive outline of the implementation of the Beijing Platform for Action (BPFA) in the country. To gather information from the key stakeholders, a national consultation was conducted on August 27-28, 2014 in Jakarta. 54 representatives[1] of women’s rights institutions, including mass organizations, NGOs, religious-based organizations, and research institutions, sat together to review government policies and programs and the work of civil society in the effort of women’s empowerment. 

Indonesia has succeeded in establishing a new foundation for women’s empowerment  consistent with the Beijing Platform for Action. There are:

1.    Institutional Reforms on Women’s Human Rights and Empowerment
One of the successes of the Indonesian women movements was to urge B.J. Habibie, the 3rd President of the Republic of Indonesia, to establish the National Commission on Violence against Women (KOMNAS Perempuan) through Presidential Decree 181/1998 Jo PD No. 65/2005. The State Ministry of Women’s Affairs was renamed the Ministry of Women’s Empowerment by President Abdurrahman Wahid which shifted the locus work from family welfare to empowerment, focusing on gender injustice and inequality in private and public areas. In universities, 111 Centers for Women’s/Gender Studies have provided a step forward in support of women’s empowerment. To ensure all pillars are working effectively, the women’s movement also has localized their work to influence policy makers and strengthen women’s grassroots organization.

2.    Legal Protection for Women
Another foundation set out by the government to accelerate the process of women’s empowerment is gender mainstreaming in development through Presidential Instruction No. 9/2000. New laws and regulations to protect human’s rights of women have also been adopted, such on Child Protection (Law 23/2000), Domestic Violence (Law 23,2004), Political Parties (Law 31/2002), General Elections (Law 12/2003), Citizenship (Law 12/2006), Witness Protection (Law 13/2006), Combatting Human Trafficking (Law 21/2007), Managing Social Conflicts (Law 7/2012), Village (Law 6/2014), Gender Budgeting (Ministry of Finance regulation No 105/2008), Guidance of Gender Mainstreaming in provincial and district level (Minister of Internal Affairs No. 15/2008), including Protection and Empowerment of Women and Children in conflict area (Presidential Decree No. 18/2014).

3.    The Increasing Role of Women Human Rights Defenders
Decentralization has pushed the focus of women’s rights CSOs to the local level and, in some cases, giving more space for the women’s movement to influence local policy-making to protect women’s rights and provide services for victim of violence against women. There are 276 conducive policies in national (19 Policies) and sub national level (257 policies) reported by KOMNAS Perempuan. These successes would not be possible without critical engagement of women’s rights CSO with national and sub national government institutions and parliament bodies to ensure gender-responsive policy making.

Despite the achievements that Indonesia has made in 12 areas of concern, we are still struggling in reducing the Maternal Mortality Rate, the protection of women in the informal sector, and the prevalence of sexual violence.

1.    The High Rate of Maternal Mortality a setback to 15 years
Survey of Demography and Indonesian Health (SDKI) 2012 found that the Maternal Mortality Rate (MMR) has increased to 359 per 100.000 live births. This means Indonesia has returned to the condition in 1997 when the MMR was 228 per 100.000 live births. Contributing to the failure in reducing the MMR is a lack of success in the family planning program, where the birth rate in 2010 reached 1,49%. In addition, the government gives more attention to curative program instead of preventive program such as awareness-raising, improvement of infrastructure of health, and livelihoods.

2.    Employment reforms fails, women in informal sector not protected
Data on employment in February 2013 (Sakernas 2013) reported that the number of informal workers and under employment reached 103.2 million or almost 2.2 times higher than formal workers with lower welfare. The Global Economic Crisis (GEC) reported that during 2008-2010 there was an increase of informal workers at high risk employment and infeasible salary, including a wage gap between women and men doing similar work. Though Regulation No. 13/2003 regarding employment covers some of concerns on maternal leave for women, there is a lack of protection for women working in informal sector such as domestic workers. Women’s rights movement continue to advocate for the adoption of a Law on Domestic Workers although there has been very little progress.

3.    Sexual Violence in Emergency
Presidential Instruction No. 5/2014 regarding National Movement on Anti Sexual Violence Against Children (GN-AKSA) calls for serious response to cases of sexual violence against children. In addition, Ministry of Women’s Empowerment has built mechanism for access to justice for victims through the establishment of Crisis Centers on Violence Against Women and Children (P2TP2A) in 26 provinces and 163 district/city; Trafficking Task Force in 25 Provinces and 77 District/City; 64 Institutions for servicing the violence victim with hospital basis; the availability of Service Unit for Women and Child (UPPA) in 305 Resort Police Head Quarters. However, the figure of sexual violence is still high. In 2013, KOMNAS Perempuan reported that 2.634 of 279.760 cases of violence against women are sexual violence category.  

Emerging Issues

Women and Religious Fundamentalism
Attacks against pluralist group are increasingly rife. A public event to discuss the book of Irshad Manji “Allah, Liberty and Love” in Jakarta and Yogya was attacked by intolerant mass in 2012. Before that, in 2010, at the event of Conference of Regional and International lesbian, gay, bisexual, transgender and intersex association (ILGA) was forced to disband by the Front for the Defense of Islam (FPI), without any protection extended by the state. Currently, 130 members of the Ahmadiyah minority community have been displaced and living at a temporary site in the Asrama Haji Transito for 8 years, and 235 Shiite families were forced to flee from their village and live in temporary shelter in East Java. Dialogue and reconciliation that were initiated by government and civil society need stronger commitment from national leader. Although the new government of Indonesia is beginning to tackle these issues under administration of Ministry of Religious Affair, efforts for reintegration and long term support for victims from the minority communities have to be seriously monitored. The government also needs to immediately review 365  laws and policies which are discriminatory against women and minority groups.

Migration and Migrant Worker Protection

The book “Kita Bersikap” Komnas Perempuan stated that Indonesian women have been migrating for employment since the 1980s. This was part of the government’s efforts to reduce the unemployment. Almost no protection was provided for migrant worker at that time, The number of Indonesian migrant workers keeps increasing, involving informal mediators from village level to the national, including immigration officers at the airport. Although Law No. 6,/2012 regarding ratification of the Migrant Workers Convention was adopted by the Parliament, there has been no effective breakthrough ensuring safety and protection for migrant workers.

In 2011, Indonesian migrant workers had reached 581,081, consisting of 205,054 (36%) men and 376,027 (64%) women. The remittance of migrant workers in 2011 was 66,9 Trillion Rupiah and 65 Trillion Rupiah in 2012.The amount of their work is not directly proportional to the protection and good working condition provided to them. Women Solidarity (2012) recorded until November 2012, the placement of migrant workers was without standards and protection guarantees. They are often subjected to violence, sexual violence, rape, unpaid wages, criminalization, to the threat of the death penalty.

Minority Women

.... a transgender man, 26 called as Regawas prisoned after the family of the bride at the wedding day "found" that the man was born as a woman. The bride who was 17, and according to media report called as Siti, said that she did not know if his future husband was biological a woman, even during their dating, they often do sexual relations. Rega was charged doing the fraud and having sexual relations with a child. In the court, he was forced to raise and show his sexual playing tool that he used to “deceive” Siti. He was sentenced to jail for 18 months.

The above case is one of cases that documented by Ardhanary Institute, to amplify the voice of women belonging to sexual minority. LGBT Women is a risk group against the marginalization. Indonesia has not had the policy to acknowledge legally LGBT. It causes them in social stigmatization and judge. The Government Regulation 61/2014 Article 26 stipulated homosexual as digression. This regulation discriminates homosexual. Religious figures, community figures, and the government have the same perspective against LGBT. The reason is that religion and morality, and not on Human Rights. If the analysis of Human Rights is used, minority group shall not experience the difference. Due considered as digression, sin, can damage nation’s morality, LGBT often becomes the victim of violence of religious extreme group. Though Indonesia has not recognized sexual orientation and gender expression, Indonesia has committed to the Constitution 1945 

Indonesian law only acknowledges the existence of men and women, so that the transgender that do not choose to have surgery to alter the genitals shall have problems with their identity cards.

Recommendation Beyond Beijing+20
1.    Women’s health and sexual and reproductive rights
To ensure good quality, comprehensive, affordable and integrated sexual reproductive health information, education and services, including modern method of contraception, and considering financial risk protection, with particular attention to the most marginalized and people in vulnerable situations.

2.    Responding to fundamentalism and protection of minority rights
To include protection of minority rights in Indonesia, ensuring access to justice for minority toward public services, end impunity toward perpetrator of violence against women, long term support for victim economically and ensuring rehabilitation and recovery, reintegration of minority group. In the context of conflict situation, National Action Plan 1325 (UU No. 18, 2014) regarding protection and empowerment of women and children in conflict area in line with implementation of regulations No. 7, 2012 regarding handling social conflict.

3.    Migration and the Protection of women in informal sector at national and international level
Harsh economic conditions and contra-poor economic policy interact with long-standing social inequalities, biases and discrimination has pushed migration and urbanization that force women to take informal job with high risk and less protection.

4.    Macro–Micro Economic policy considering human development and human’s rights in ways of environmentally sustainable and women’s access to resources
Including to ensure the private sector respects human rights and the environment and promotes sustainable development. The policy has to create enabling conditions for increased growth and productivity of micro‐, small‐ and medium scale enterprises (SMEs), including through policies that promote entrepreneurship, creativity and innovation, and through improved access to markets and financial services. In addition, to ensure women’s equal access to, control and ownership of assets and natural and other productive resources, inheritance, as well as non‐discriminatory access to essential services and infrastructure, including financial services and ICT.

5.    Democratic and accountable government, corporation and international finance institution and the Protection of women human’s rights defender
Including efforts to achieve peaceful and inclusive societies, rule of law, effective and capable institutions, access to justice for victim of violence against women, undertake regular monitoring and reporting of progress on Beijing +20 within a shared accountability framework, including means of implementation, the global partnership among Member States and multi‐stakeholder initiatives and partnerships.***

Prepared for Asia Pacific Beijing +20, Bangkok 17-20 November 2014
If you need a detail report, contact Ruby Kholifah at and Rena Herdiyani at

[1]Institutions that attended at the public consultation on 27-28 August 2014 are Perempuan Papua, Yayasan Kasih, Balai Syura, Komunitas Perduli Perempuan Dan Anak Palu, Yahama, Koalisi Perempuan Indonesia, Kapal Perempuan, WPP Asia, Solidaritas Perempuan, Asia Pasific Women’s Alliance for Peace and Security (APWAPS Indonesia), KOMNAS Perempuan, AMAN Indonesia, Kalyanamitra, Aisiyah, Ardhanary Institut, CWGI, Jala PRT, SPSI Reformasi, Institute Perempuan, Tim Relawan Kundamee manusiaan Maumere, PPLI Lajnah Imaillah, Aisyiah, Koliasi Gender Base Violence, Institute Mosintuwu, Yayasan Bakti, ASEAN Youth Assembly, Harian Kompas, Ansipol, UN Women, LRCKJHM, Jaringan Kerja HAM Papua, Jatam, PPB, Rifka Annisa, PEKKA, Libu Perempuan, TIKI' Jaringan HAM Perempuan Papua, AJAR, Lakpesdam NU, Jari Aceh, POKJA OAT TTS, CIS Timor, KPAI, YPT, ACWC, PUSKAPOL UI, ECOSOC Institute, BaKTI, PERMAMPU - LP2M SUMBAR, PERMAMPU - PESADA SUMUT. The program was supported by MAMPU, The Empowering Indonesian Women for Poverty Reduction, that focus on the increment of women’s access on work, social protection, improvement of migrant workers, strengthening of women leadership in reproduction health and violence against women (kindly find on

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