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.
Achievements
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.
Setbacks
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.
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 dwiruby@amanindonesia.org and Rena Herdiyani at rena_herdiyani@yahoo.com
[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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