Aceh and Women’s Rights 10 Years after the Helsinki Peace ... · 10 Years after the Helsinki...
Transcript of Aceh and Women’s Rights 10 Years after the Helsinki Peace ... · 10 Years after the Helsinki...
MoU Helsinki between Indonesian Goverment and Aceh Freedom Movement
(GAM)
“The legislature of Aceh will redraft the legal code for Aceh
on the universal principles of human rights as contained in
the International Covenant of the United Nations on the
Rights of Civil and Political Rights and on Economic, Social
and Cultural Rights (Paragraf 1.4.2 MoU Helsinki)”
MoU Helsinki asserts :• commitment to a peaceful settlement of the Aceh
conflict, comprehensive, sustainable and dignity for Acehnesse people
• Condition of government of Aceh will be manifested through a fair and democratic process within the unitary state and constitution of the Republic of Indonesia
• Peaceful settlement of the conflict will enable the rebuilding of Aceh after the tsunami disaster on December 26, 2004 towards progress and success
FactsVictim of conflict family in Aceh
asked for justice from the Acehnese legislative assembly (DPRA) to
implement the law on reconciliation which was ratified in 2013 (Photo:
Serambi Indonesia)
Dozens female victims of conflict from Mane, Pidie district, came to
Acehnese legislative assembly (DPRA) to meet the members of
DPRA. They demanded the realization of promises of the
goverment of Aceh to build housing for the victims of conflict (Photo:
merdeka.com)
• The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is ratified and promoted in Indonesia through the law no. 7/1984
• This convention/law recognizes both the state responsibility for discriminative acts and the responsibility to make efforts for its elimination
• When the practice of discrimination is carried out, epxressed or criticized, as a consequence, Acehnese refugee women feel treated unfairly and their rights are restricted and ignored.
• In practice, however, women who have demanded their rights suffer from discrimination and other physical threats (source: special report on Aceh by the National Commission on Violence against Women)
Absence of recovery for the female victims
of conflict after the MoU Helsinki
• Early research of post-MoU Aceh by several institutions, such as Asia Foundation, UNDP, LIPI, National Commission on Human Rights, CONTRAST, and UNIMAL revealed that former combatants and conflict victims are still powerless
• Most of them have not been able to deliberate/participate in public sphere
• especially female ex-combatants, members of Inong Balee, and victims of conflict in general.
• Many of them have not been able to access the communication process, information and policies from the Aceh Reintegration Board (BRA) or the Aceh Reintegration Agency (BRDA).
(source: http://srinthil.org/325/reintegrasi-dan-spirit-janda-konflik-aceh/)
Special Raporteur on Aceh by National
Commission on Violence against Women• Discrimination against women refugees cannot be separated
from the practice of abuse of power by local leaders • One means of discrimination is the marital status of women • 74% of cases of violence experienced by women is sexual
violence in the form of attack, exploitation or stigmatization of sex occurring in public or domestic sphere
• perpetrators of violence and discrimination against women are those closest to the victims (both in the scope of the domestic and the community-based violence)
• vulnerability of women in marriage is often used to limit the sovereignty of refugee women
• majority of displaced women who experience discrimination or violence do not report to the authorities but they try coping by strengthening their economic independence
• Displaced women fighting for their individual and communal rights became the targets of violence. Forms of punishment, as well as impunity in the cases of violent crimes and discrimination has led to a cycle of violence, and rising number of victims
• Impunity in cases of violent crimes and discrimination againt women are forms of repression inherited from conflict era
• Until now assistance provided to IDPs has marginalised those displaced by the conflict.
• If women are not involved in decision-making they remain vulnerable to violence and discrimination.
(Summary of the Special Report on Aceh, National Commission on Violence against Women 2006)hSp://www.komnasperempuan.or.id/wp-content/uploads/2014/02/Sebagai-Korban-juga-Survivor.pdf
Putri, a teenager who commiSed a suicide due to shame after being wrongly arrested by Sharia police in East Aceh
(Photo: salam-online)
Foto by : Google
This woman was convicted having violated Islamic Sharia and fainted after being caned
Data on Violence in Aceh• Through collaboration with Aceh Monitoring
Network 231, National Commission on Violence against Women concluded that figures of violence against women in Aceh is increasing every year
• 539 cases of violence against women were reported in 2013-2014
(National Commission on Violence against Women Report)
What is the problem with the Islamic Criminal Law? • Several articles in the Islamic Criminal Law
contradict with all in all 10 laws in Indonesia • This includes several international conventions, such
as CEDAW, that have been ratified by Indonesia
List of Laws that contradict with the Islamic Criminal Law
• Indonesian Criminal Code; • Law No. 39 year 1999 on Human Rights; • International Convenant on Civil and Political Rights
ratified through law 12 year 2005; • Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment rafified through law 5 year 1998 and law 12 year 2011 on the Establishment of Law and Regulation;
• Law No. 11 year 2012 on The Criminal Justice System for Juveniles;
• Law No. 23 year 2002 on Child Protection, including the revision law No. 35 Tyear 2004;
• Law No. 8 year 1981 on Criminal Code; • Law No.48 year 2009 on Judicial Powers; and • Law 7 year 1984 on the Convention on the Elimination of
all forms of Discrimination Against Women
Activities of Solidaritas Perempuan and Women’s Movement in Aceh
Network of Civil Society Concerned with Shari‘a (JMSPS) analyzed the
Islamic Criminal Law (Photo: JMSPS)
Hearing with the Women’s Empowerment Office (BP3A) of the
Government of Aceh
Advocacy and CampaignPublic Discussion with Department of Sharia Islam and Ulama Council (MPU) and Aceh Legislatif Assembly (DPRA) (Photo: SP Aceh)
Sosialization of Islamic Criminal Law to students from 3 universities in Aceh (Serambi Mekah, UIN
and UNSYIAH) (Photo: SP Aceh)
International Women’s Day 2015
Network of Civil Society Concerned with Shari‘a (JMSPS) collected signatures to support “Peace in Aceh without Violence Against Women”
Challenges and obstacles• Rise of religious movements in Aceh that perceive
any anti-discrimination advocacy/campaining as ‘western’ and aiming weaken the implementation of Islamic law in Aceh
• As a result position of civil society movements and women's groups in Aceh is vulnerable to pressure and violence
• This includes an systematic effort to return women to the domestic realm through the implementation of discriminatory policies
• Women are not considered an essential part of the peace process in Aceh
Recommendations • The Finnish government is expected to continue to
remind and monitor the Aceh government to sustain the spirit of peace in Aceh that is equitable to all parts of the Acehnese people, male and female.
• Support from the Finnish government to continue to maintain democracy in Aceh.
Documentary film: Silent After War
• Gives voice to women survivors of conflict in Bener Meriah District, Aceh
Available online: https://www.youtube.com/watch?v=vA81N54ZCPE