Aceh and Women’s Rights 10 Years after the Helsinki

Peace Se<lement

Helsinki November 10, 2015

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

Discriminatory Policy Enforcement in Aceh

Targeting Women’s Body

Putri, a teenager who commiSed a suicide due to shame after being wrongly arrested by Sharia police in East Aceh

(Photo: salam-online)

Implementation of Syariah Law

(Photo: Google)

(Photo: Aceh Post)

Women dress sweeping by Syariah Police

(Photo : Hukum Aceh) Photo: Ampelsa

Source : Google Source : Google

Caning Punishment

Source: Google Photo: Harian Andalas

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)

Islamic Criminal Law/Qanun Jinayah

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)

Women Speak Out to STOP Discriminative

Law and Violence Against Women in Aceh

Foto by : 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 

Terima kasih, Thank you, Kitos... J