Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
IN
ACEH, INDONESIA
Photos: DOC.YJP
(Yayasan Jurnal, Perempuan - Indonesia)
A CASE STUDY
ii
CONTENTS
Preface
vi
EXECUTIVE SUMMARY
Chapters
I.
Introduction
13
A. Legal Framework
B. Establishment of Multisectoral Services for Survivors
C. Sectoral Accomplishments
V.
19
A. Womens Organizations
B. Community-based Organizations and Psychosocial Services
C. Women and Peace-building
D. Human Rights
VI.
21
A. Gaps in Services
B. Recommendations
iii
ANNEX.
REFERENCES
24
25
LIST OF TABLES
1
10
14
16
iv
PREFACE
The impetus for this case study was the Advocacy for Reproductive Health project of the United
Nations Population Fund (UNFPA). The study was funded by UNFPA as part of the Women,
Peace and Security Initiative to implement United Nations Security Council resolution 1325. Led
by Ms. Sahir Abdul-Hadi, Women, Peace and Security, Technical Support Division, UNFPA, the
case study was carried out by Ms. Adriana Venny, Executive Director, Womens Journal
Foundation (Yayasan Jurnal Perempuan, YJP), with the support of the UNFPA country office,
Indonesia. YJP is a non-profit organization that advocates for womens rights through the media.
The case study examines the extent of gender-based violence in Aceh Province, Indonesia, where
the December 2004 tsunami and many years of conflict between Aceh freedom movements and the
Government have worsened womens already vulnerable status. In recent years, the Government of
Indonesia addressed gender-based violence in the Joint Decree (2002), which provides for
integrated government services to survivors of gender-based violence, and Law No. 23,
Elimination of Domestic Violence (2004), which sets out the ways in which the Government will
protect victims of domestic violence and punish perpetrators. Yet the implementation of these
nationwide initiatives to protect and promote the rights of women has been limited. The case study
reflects the situation in Aceh as of May 2005. It is hoped that this report will raise awareness of
gender-based violence in Aceh and generate support for improved responses.
CEDAW
CBO
Community-based organization
DOM
GAM
GBV
Gender-based violence
HIV/AIDS
IDP
KKTGA
KONTRAS
MISPI
NAD
Province of Aceh
NGO
Non-governmental organization
RPK
SEIA
TNI
UNFPA
YJP
vi
EXECUTIVE SUMMARY
Due to the 30-year civil conflict in Aceh Province, Indonesia, women experienced loss,
displacement, violence and marginalization. Most lived in fear and silence under the constant threat
of military action. Some lost family members in combat. Many women were subjected to genderbased violence. Moreover, the tsunami of December 2004 exacerbated the already stretched
economic and social resources of womens households and communities, putting women at even
great vulnerability for gender-based violence.
In an effort to bring attention to the existence of gender-based violence in Aceh, the Womens
Journal Foundation (Yayasan Jurnal Perempuan, YJP) conducted an analysis of womens exposure
to gender-based violence during later years of the conflict, from 1989 to 2004, as well as an
assessment of existing prevention and response measures. The assessment team conducted a
literature review of documents published by human rights organizations and local womens
organizations. The team also interviewed survivors of gender-based violence in Aceh and
representatives of womens non-governmental organizations (NGOs), community-based
organizations (CBOs), international organizations, governmental and law enforcement institutions
and the media.
Collecting quantitative data on incidents of gender-based violence and on the services provided to
survivors was difficult. Incidents of gender-based violence were seldom reported and services
provided to survivors were poorly documented. During field visits, when the assessment team
asked the police for data on reported cases of violence against women, the police stated that files
had been destroyed by the tsunami.
The case study discusses sociocultural factors that contribute to the prevalence of gender-based
violence in Aceh, as this context is critical to an understanding of the nature and scope of genderbased violence. For example, the strict interpretation and application of Shariah (Islamic law)
place restrictions on womens dress and behaviour. Women who break Shariah codes are
stigmatized, and some have been the objects of harassment and physical violence perpetrated by
the police, local authorities and some religious groups.
The Government has taken steps to address gender inequality. In 1984, it signed the Convention
on the Elimination of All Forms of Discrimination against Women (CEDAW), an international
covenant created to promote and protect the rights of women. In 2002, government ministries for
Womens Affairs, Health and Social Affairs, as well as the national police force, signed a joint
agreement to establish the provision of multisectoral and integrated services to victims of genderbased violence. In October 2004, the Indonesian Parliament passed Law No. 23, Elimination of
Domestic Violence, which sets out the ways in which the Government will protect victims of
domestic violence and punish perpetrators. All of these policies provide a framework through
which the Government can prevent and respond to acts of gender-based violence. However,
implementation of these policies has been slow. The assessment team found that, within the legal
and security systems, personnel were insufficiently knowledgeable about these policies and the
services mandated by them. Moreover, there was a lack of accountability on the part of individual
government ministries for providing integrated services to survivors of gender-based violence.
Given these gaps in implementation, advocacy with the Government and legal and security systems
is necessary to hold these institutions accountable for protecting women and providing the
mandated services.
The tsunami placed Acehs women at greater vulnerability for gender-based violence. Investigating
womens situation in the camps for internally displaced persons (IDPs), the assessment team found
that women faced increased physical and economic security risks, such as inadequate reproductive
health care, an increased burden of domestic work and an increased threat of gender-based
violence, including trafficking and sexual violence.
The Government and the international humanitarian community have made efforts to address the
needs of conflict-affected communities in Aceh. Yet they have overlooked the specific needs of
women. This case study highlights the gaps in gender-based violence prevention and response and
makes recommendations for addressing the unmet needs of Acehnese women.
I.
INTRODUCTION
A.
Gender-based violence is an umbrella term describing any harm perpetrated against a person that
results from unequal power relationships determined by social roles ascribed to males and females.
Violence may take many forms but, around the world, it affects women and girls disproportionately
because of their subordinate status vis-a-vis men and boys. In the last 20 years, gender-based
violence has been increasingly recognized as a serious global health, human rights and
development issue. More recently, there has been an acknowledgement of the extent and impact of
gender-based violence during conflict and an appreciation that any efforts at post-conflict
reconstruction must include programming and policy development aimed at redressing and
reducing violence against women and girls.1
Gender-based violence is a violation of universal human rights protected by international human
rights conventions, including the right to security; the right to the highest attainable standard of
physical and mental health; the right to freedom from torture or cruel, inhuman or degrading
treatment; and the right to life. All humanitarian groups and organizations must take action from
the earliest stages of an emergency to prevent sexual violence and provide appropriate assistance to
survivors/victims.2 The nature and extent of specific types of gender-based violence vary across
cultures, countries and regions. For societies in which patriarchy is the foundation of social,
political and economic systems, as is the case in Aceh, acts of gender-based violence are often
tolerated and, in some cases, condoned. Survivors of gender-based violence are often stigmatized.
For example, in Aceh, rape victims were often labelled as women who failed to uphold the values
of the community.
During armed conflicts, when lawlessness, warring factions and military occupation contribute to a
culture of violence, acts of gender-based violence frequently increase. Sexual violence is often
perpetrated as a strategy of war, whether as a form of ethnic cleansing or as a means of humiliating
communities and a culture. In some cases, women are abducted into rebel groups to be sexual
slaves, porters and even combatants. Some women voluntarily join rebel militias as a means of
protecting themselves and their families as well as to avenge the deaths of their loved ones.
In refugee and internally displaced settings, women are often left widowed and become responsible
for meeting their families needs for safety and survival. The lack of access to health services,
economic resources and education only exacerbates womens problems in these settings.
Furthermore, within displaced camp settings, women are vulnerable to sexual and domestic
violence perpetrated by their husbands, by other refugees and by the outside community.
In the post-conflict phase, women are often excluded from peace and reconciliation efforts. As a
result, agreements reached by warring parties perpetuate the political and social structures that
marginalize women on the basis of gender. Womens voices continue to be absent from the public
domain.
1
Jeanne Ward, Report of a Preliminary Assessment of Gender-based Violence in Rumbek, Aweils (East and
West), and Rashad County, Nuba Mountains (United States Agency for International Development, 2005),
p. 3.
Inter-Agency Standing Committee, Guidelines for Gender-Based Violence Interventions in Humanitarian
Settings (2005), p. 1.
The devastating social and public health impact of natural disasters, such as earthquakes and
hurricanes, is well documented.3 While most fatalities and injuries occur within the first few hours
following the disaster, secondary social and public health consequences such as population
displacement and the disruption of basic health services have a long-term impact. These secondary
consequences often disproportionately impact women and girls. Such was the case in Aceh
following the December 2004 tsunami in a region already affected by protracted conflict.
B.
Aceh Province has been the setting of a 30-year conflict between Aceh freedom movements and
the Government of Indonesia. In this setting, acts of violence against women and other violations
of human rights were perpetrated with impunity. To bring attention to the existence of genderbased violence in Aceh, YJP, a non-profit organization that advocates for womens rights through
the media,4 conducted an analysis of womens exposure to violence during the period 1989-2004
and assessed existing prevention and response measures. The assessment took place in two weeks
(14 April 1 May 2005). The primary researchers were three YJP staff members and a researcher
on gender issues. The methodology included a review of documents about gender-based violence
during the Aceh conflict and a field-based assessment.
1.
Literature Review
The assessment team conducted a literature review of documents published by human rights
organizations and local womens organizations to gather information about documented acts of
gender-based violence and to help prepare for the field interviews in Aceh.
2.
Field Interviews
Field interviews were conducted with key representatives of womens NGOs, CBOs, international
organizations, government and law enforcement institutions and the media (see Annex). These
interviews provided information on womens status under Shariah (Islamic law), on the prevalence
of gender-based violence, on measures to prevent and respond to such violence and on womens
participation in peace-building. The team also interviewed war widows, women in the rebel
movement and civilian women about their experiences during the conflict and after the tsunami.
3. Limitations of the Methodology
The projects research component was the most difficult because of the lack of data. The
Government had no comprehensive data, and YJP had to depend on the limited data available from
local NGOs. Moreover, the data collected by police, courts, and legal offices had been destroyed by
the tsunami. The other constraint on the findings was the limited time in which to conduct research
and produce a report, which was completed in September 2005.
M. Toole and R. Waldman, The public health impacts of complex emergencies and refugee situations,
Annual Review of Public Health (18), 1997, 283-312.
4
Since 1995, the organizations activities have included the publication of a bimonthly feminist journal; the
production of a nationally aired weekly radio programme; the management of a web site,
www.jurnalperempuan.com; participation in gender-related research projects; the creation of documentary
films; and the hosting of workshops, public discussions and seminars on womens rights and gender issues.
II.
A.
Located on the island of Sumatra, Nanggroe Aceh Darussalam (referred to herein as Aceh) is the
northernmost province of Indonesia. Political conflict in Aceh began centuries ago, with roots in a
vision of creating and maintaining an Islamic-based independent territory. Since its foundation as a
sultanate in the sixteenth century, Aceh has been an entry point for Islam and trade. This
contributed to the development of a cultural identity distinct from that of other regions of
Indonesia.
The people of Aceh have, over the centuries, successfully withstood invasions.5 In 1939, a leader
in Acehs fight against the Dutch, Daud Beureueh, founded the Organization of All Aceh Islamic
Clerics (PUSA), an Islamic party that would soon emerge as a political force. That same year, he
articulated the idea of Aceh as an Islamic State. From 1945 to 1949, Aceh participated in
Indonesias war for independence from the Dutch. Following the war and the establishment of the
Indonesian Republic, Aceh was granted the status of a special territory rather than of an
independent province. In 1951, Aceh was incorporated into the mainly Christian province of North
Sumatra. Dissatisfaction with this arrangement arose, and a rebellion movement, the Darul Islam,
was organized. Conflict subsequently erupted in Aceh and in parts of Java. In the early 1960s,
however, the Darul Islam movement disintegrated when Acehs leaders were given power in the
central government in Indonesia and Aceh was removed from North Sumatra.6
For 15 years, Aceh enjoyed a period of relative peace. Tension peaked again in 1976, when Hasan
di Tiro and a small number of supporters founded the Aceh/Sumatra National Liberation Front,
later called the Free Aceh Movement (Gerakan Aceh Merdeka, GAM). De Tiro proclaimed that
Aceh was independent, and GAM promoted itself as a movement rooted in Acehnese nationalism.
From 1989 to 1998, in response to the mobilization and militarization of GAM, the Government
established permanent military operations in Aceh, known as the Military Operational Zone
(Daerah Operasi Militer, DOM).7 In May 2003, the Government again declared an emergency
military situation in Aceh (Presidential Decree Keppres No. 28), citing the increasing armed
violence of GAM. This status was in effect for six months. In 2003, peace talks between the
Indonesian Government and GAM leaders, who were living in exile in Sweden, collapsed over the
issue of Acehs autonomy. In January 2005, internationally monitored peace talks were held in
Helsinki, Finland. These talks concluded with a peace agreement signed on 15 August 2005.
However, both parties had yet to make concessions over the outstanding issue of Acehs autonomy.
Data on the number of victims of the Aceh conflict vary widely among the few organizations that
compiled data for the years 1989-1998, the DOM period. Moreover, few of the available data are
disaggregated by gender. Table 1 shows the data reported by the Institute for Policy Research and
Advocacy (ELSAM).
Aceh, Jakarta Papua, Root of the Problem and Alternatives of Conflict Resolution Process (Jakarta:
YAPPIKA, 2001)a pp. 57-58.
6
In Focus: Self-Determination Regional Conflict Profile on Aceh, Foreign Policy. Retrieved from
www.foreignpolicy.com, on 3 August 2005.
7
Human Rights Watch Publications, web site: http://hrw.org/ indonesian/reports/2003/12/1.htm.
Type of Violation
Number of Victims
1.
Kidnapped
1,958
2.
Killed
1,321
3.
Molested
3,430
4.
Sexual Violence
160 women
5.
Houses Burned *
680 houses and infrastructure
Source : Institute for Policy Research and Advocacy (ELSAM), Jakarta, see web
site: www.acehkita.com
* Reported by the Independent Commission of Violence Actions Investigation in Aceh, 1999.
B.
On 26 December 2004, a massive earthquake off the west coast of Sumatra resulted in a tsunami
that affected an estimated 2.9 million people in the 12 districts of Aceh and 1 district of North
Sumatra. Almost 200,000 people died, more than 93,000 were missing and more than 500,000 were
displaced.8 Bappenas, the Indonesian Development Planning Body, estimated that the loss and
damage to property exceeded $US 4.5 billion. The event changed the social, economic and cultural
aspects of daily life.
Several organizations, including UNFPA, conducted a rapid assessment of the impact of the
disaster one week after the tsunami. The assessment indicated that the tsunami had a greater impact
on women than on men. More females died in the tsunami than males. For those who survived,
womens lower social status impeded their access to humanitarian aid. They lacked sufficient
water, food and economic resources, adding to the domestic burden they faced. The UNFPA
assessment found that general health needs were being addressed but there remained a significant
dearth of services for maternal and child health care. Throughout the assessment areas, women who
had delivered babies two weeks after the tsunami had to depend on either untrained family
members or traditional birth attendants during delivery. Women identified a need for antenatal care
and female service providers for family planning and other reproductive health needs.9
C.
Indonesia has remained among one of the lowest ranking countries in South-East Asia with regard
to the United Nations Development Programmes Gender Development Index and Gender
Empowerment Measurements.10 Indonesian womens health and vulnerability are matters of
concern:
The Indonesian Demography and Health Survey indicates that the maternal mortality rate
in Indonesia during 1998-2003 was high, at 307 per 100,000 deliveries. The rate is high
United Nations Office of the Coordinator of Humanitarian Affairs (UNOCHA), UNOCHA Situation Report
(April 2005).
9
United Nations Population Fund (UNFPA), Indonesia, Reproductive Health Rapid Assessment (Jakarta:
January 2005).
10
United Nations Development Programme (UNDP), Human Development Report, 2004 (2004).
because of the lack of reproductive health services and because of unsafe abortion
practices;
In recent years, domestic violence cases were increasing yearly as were cases of rape;11 and
In political life, women were playing a much smaller role than were men. Women in parliament
constituted 9.8 per cent of the total. At the provincial level, there were no local women leaders.
2.
Shariah in Aceh
In 1961, the Indonesian Government approved the formal establishment of Shariah in Aceh, as part
of a political concession to help curb the Free Aceh Movements agenda. In 2001, Shariah decreed
authority over Islamic principles and prayers, the interactions and conduct of people, the
promotion of education and Islamic teaching, the promotion and defense of Islam and the
regulation of death rituals, ceremonies and marriage rituals. With this formal decree also came a
policy to enforce Shariah, which was critical in that it extended the enforcement authority to police
and military personnel.
The institution of Shariah restricted womens behaviour and dress. In all government and private
offices, schools and universities, women were obliged to keep their heads covered. In the absence
of formal legal repercussions for breaking this dress rule, women were subjected to physical
violence and harassment from male citizens on the street, religious student organizations,
university students, police and unidentified armed civilian groups. Once military and police
personnel were granted the authority to enforce Shariah, they zealously enforced these restrictions.
For example, in September 2003, the Local Authority of Military Emergency issued an order to
families stating that, Those who wear tight and transparent dresses that expose their body shapes
will receive sanctions in accordance with the appropriate regulations." There were military and
police raids to enforce this policy. The penalty for infractions was to receive a beating or pay a
fine. Acehnese women were then required to cover their entire bodies as well as their hair with a
head scarf (hijab). They were also forbidden to wear trousers.
The Serambi Indonesia, a local newspaper, reported on Shariah dress code violations:
In Langsa, East Aceh, October 2nd, 1999, a group of unknown people, their face[s] covered
with masks, stopped a bus of female workers (with uncovered hair) of Wira Lanao company.
All these women were told to come down from the bus and had their hair cut off.13
After 1999, such violent acts against women became common.14 Ameer Hamzah, a well-known
religious teacher and columnist, wrote the following in one of his columns:
It is important for us to prove the success of having women cover their hair. Certainly, they
feel it as a burden. But then they will realize the benefit of doing so willingly. Although the
11
hair was cut off, it will grow. Their mini skirt type of clothing is not worthy. The important
thing now is for the women to dress up in moslem gown and follow Sharia. 15
The Shariah policy also excluded women from community or political leadership. For example,
codes for becoming a village head, a geucik, include the condition that the leader must have the
ability to act as a leader of communal prayer.16 Women were prohibited from leading communal
prayer and, hence, were also prohibited from becoming geuciks.17
In Sigli, after the tsunami, Shariah law was invoked to force 26 young couples to be married, as
they were all living in one school building together. These marriages thus served to prevent the
couples from committing sins.18
3.
In Aceh, female peace activists discussed common Acehnese attitudes towards women and
reflected on their own experiences with gender-based violence:
Is it possible that in this Front Yard of Mecca [Aceh], sexual violence takes place? asked
one of the participants. Another participant responded, According to me, it is the women
who do not know how to behave and are immoral. Their way of dressing arouses mens
sexual desire.
This comment was followed by laughter from the rest of the members. One participant said,
My husband is a lawyer who handled a womans rape case. It was proven that the sexual
encounter was based on free will, so the woman was found guilty.19
The excerpt reveals not only views of both men and women towards gender roles but also the
blame placed on women for acts of sexual violence perpetrated against them. It also illustrates a
willingness to overlook acts of violence against women and to protect men from being prosecuted.
A report by the National Commission on the Elimination of Violence against Women (Komnas
Perempuan) discusses anecdotes from interviews with women who experienced violence but were
afraid to report it because of fear of further exploitation and/or stigmatization. YJP also found this
to be the case, as illustrated by an interview with a girl who reported to the police that she had been
raped by her brother. Her brother received a sentence of two years in prison. Reflecting on her
situation, the girl remarked:
I hate my mother and brother. I experienced pain and had been humiliated. I hate them so
much. I felt ashamed and did not want to go to school. All my friends and all those people
who knew about what had happened kept insulting me. I wished I had not told anybody.
Perhaps I might have the courage to go back to school.20
15
III.
A.
Women suffered sexual violence, torture, detention and forced recruitment into fighting forces
during the conflict in Aceh. Up to 2005, however, no protection was afforded to witnesses of such
crimes. Without protection, survivors and witnesses of violence perpetrated by armed groups
remained silent. It is likely that this culture of silence and fear accounts for the low numbers of
reported incidents of gender-based violence.
A local NGO, the National Commission on the Elimination of Violence against Women, is a
special committee established by the Indonesian Government (Presidential Decree No. 181 of
1998).21 In 2002, the National Commission released a compilation of reports from local NGOs
documenting acts of violence against women in various conflict settings in Aceh (and elsewhere)
during the DOM period, 1989-1998. Table 2 summarizes those acts.
Table 2. Types of Gender-based Violence in Aceh, 1989-1998
Types of gender-based
violence
Conflict Setting
Setting
DOM and separatist/
liberation movement
in Aceh
Description
Rape
Sexual harassment
Sexual torture
Sexual slavery in the
military
Interpersonal
violence
Rape
Sexual harassment
Trafficking of women
and children
Violence perpetrated
by the host
community
The decree was issued in response to women victims of a 1998 riot in Mei and women in the conflict areas
(Aceh, Timor-Leste, Papua, etc.), who demanded that the Government stop violence against women.
involuntary disappearance, illegal arrests and detentions, physical torture, rape and sexual
harassment. KONTRAS also documented acts of violence against women perpetrated during the
years 1998-2000, a period during which the DOM had been temporarily lifted (table 3).
Table 3. Reports of Violence Perpetrated against Women, Aceh, 1998-2000
Type of Violence
Shooting
Perpetrator
Number of
Victims22
56
Kidnapping
Killing
Torturing
26
Sexual violence
(rape and sexual
harassment)
20
Domestic violence
Harassment
40
Security personnel
Armed civilians
Unidentified
persons23
Unidentified
persons
Unidentified
persons
Security personnel
Unidentified
groups
Students
Masked persons
wearing military
uniforms
Security personnel
Unidentified
persons
Civilians
Husbands
Fathers
Step-sons
First wives24
Juvenile groups25
Location of Incident
Public space
Victims houses
Refugee camps
Public space
Victims farms
Public space
Victims houses
Security headquarters
Refugee camp
School
Victims houses
Victims houses
Victims houses
Public space
Mosques
Victims houses
During the DOM, a rape case of three Indonesia National Military (TNI) members who
raped four civilian women was brought to trial in the martial court. The perpetrators were
dismissed from the military and were sentenced to almost three years of prison each. The
22
10
judges rationale for his decision was that the act jeopardized the image of TNI and
violated the soldiers oath.26 The decision thus lacked any human rights component;
In September 2003, a 16-year-old girl was walking with her brother in West Aceh.
Approximately 500 metres from their house, two military personnel stopped them to check
their identity cards. The girl was dragged into an empty house and raped by both soldiers;
and
In December 2003, 12 soldiers from the Marine Corps from the camp at the elementary
school of Cot Setui Beuregang, the District of Kutamakmur, conducted a night patrol and
approached the house of a 34-year-old woman in the village of Meule, within the soldiers
territory. The soldiers asked the woman to open the door and eventually forced their entry
to search for weapons and the GAM flag. The soldiers accused the womans ex-husband of
being part of the GAM. The commander of the soldiers raped the woman in front of her
14-year-old daughter and two younger children.
Kidnapping was reportedly used by the military as a means of pressuring rebel soldiers to
surrender. Torture and sexual abuse were also reported later. For example, during a TNI
investigation of women alleged to be part of the GAM female wing, Inong Balee, 40 women were
forced to strip so that soldiers could search for GAM tattoos on their bodies. The incidents were
never reported at the time.27 Women were also arrested and detained by the police because of
accusations that either they or their male family members were part of the GAM forces.
B.
A week after the tsunami disaster, YJP assessed womens circumstances in seven IDP camps in
Aceh: the airport of Sultan Iskandar Muda, Blang Bintang, Banda Aceh (Acehs capital city);
Masjid Lampeuneurut, Banda Aceh; Dinas Sosial, Banda Aceh; TVRI (Television of Republic
Indonesia), Banda Aceh; Janthon, Aceh Besar (5 km from Banda Aceh); Ujong Bate, Aceh Besar
(7 km from Banda Aceh); and Seulimun, Aceh Besar (30 km from Banda Aceh). The findings of
the YJP assessment correspond to those of the UNFPA rapid assessment. The most common
problems facing women were: the lack of feminine hygiene products; lack of proper latrines and
bathing facilities; lack of clean water in the camps; an increased burden of domestic work; limited
access to humanitarian aid; lack of reproductive health services; and increased vulnerability to
gender-based violence, including trafficking, sexual violence and sexual harassment.
1.
Trafficking
Women and children in the IDP camps were at an increased risk of being trafficked. In interviews
with displaced women, YJP found that traffickers were luring women and girls away from the
camp, offering them jobs and proposing to marry or adopt them. Mothers said that in the first days
after the tsunami many traffickers came to find babies or children who could be adopted. The
assessment team made the following observations regarding trafficking in the camps:
26
Usman Hamid, Healing the Wounds of Aceh Women; State Political Agenda Post General Election of 2004
in Jurnal Perempuan No. 35 of 2004.
27
Similar types of sexual harassment took place in other conflict areas like Poso, Central Celebes, in 1998.
11
There was no system of monitoring and recording the number of IDPs in the camps, so it
was likely that trafficking could occur unnoticed;
There were accounts of IDPs becoming involved in trafficking networks. For example, a
woman selling produce claimed that she was recruiting girls between the ages of 13 and
18. For each girl she was able to recruit, she disclosed that she would get a payment of
about $US 7-8; and
There were accounts of many young girls who received offers from unknown persons to
leave the camps for work opportunities in Malaysia or to work in restaurants and shops in
Medan, North Sumatras capital.28 In a refugee barracks in Long Raya, Banda Aceh, the
assessment team met an 18-year-old girl who reported that a few days after the tsunami, a
stranger asked her to go with him to Medan. Her brother stopped her from going.
A humanitarian worker reported that she overheard non-Acehnese migrant labourers from
Medan speaking about taking Acehnese widows as their secret mistresses. One man told
the others that on my mission in Aceh [for work] I will have the company of an Acehnese
wife;29 and
An IDP woman heard that a girl had been raped in the Lampeunerut camp by uniformed
personnel. The girl and the family left the camp, and no one seemed to know where they
went. Other IDPs were reluctant to talk about the case.30
28
Agustine, Fenomena Trafiking Pasca Tsunami di NAD, Semai Magazine, 2nd Edition, February 2005,
page 5-6.
29
Agustine, Potensi Indikasi Trafiking di Aceh Pasca Tsunami, pp. 8-9.
30
Ibid, p. 11.
12
IV.
A.
LEGAL FRAMEWORK
In the past two decades, the Government signed CEDAW (1984), developed policies to protect and
promote the rights of women and children in Indonesia, and issued or enacted the following:
Presidential Decree on Plan of National Action for Abolishing Women and Children
Trafficking (2002);
Decree from the Minister of Interior Affairs on the Guidelines for Gender Mainstreaming
in the Regional Development (2003); and
Of special importance for gender-based violence prevention and response is Law No. 23,
Elimination of Domestic Violence. According to this law, the Government is committed to the
following:
B.
Preventing occurrences of domestic violence, punishing the perpetrators and protecting the
victims;
In 2002, the Government established a multisectoral framework for providing services to survivors
of gender-based violence. The Joint Decree from the Ministry of Womens Affairs, the Ministry
of Health, the Ministry of Social Affairs and the Head of the National Police: Integrated Services
for Victims of Violence against Women and Children set out respective responsibilities for each
party, as outlined in table 4.
13
Table 4. Joint Decree (2002): Tasks and Responsibilities of Government Bodies in Providing
Services to Victims of Violence against Women
Ministry of Womens
Affairs
Ministry of
Social Affairs
Ministry of Health
Conduct
advocacy and
education
Provide human
resources for
social work
Establish
Centre of
Integrated
Service safe
house
Facility
Encourage public
and NGO efforts
to facilitate
survivors
rehabilitation,
such as providing
counselling and
shelter
Facilitate
public
participation
for survivors
Conduct
internal
training and
education
Establish
guidelines and
standard
operating
procedures for
the rehabilitation
of women
survivors of
violence
Provide medicines
and paramedics in
central, provincial
and regency
hospitals
Operate the
medical facility
Conduct internal
training and
education
Head of the
National Police
Provide
medicine and
paramedics
in the police
hospitals and
the
Integrated
Service
Facility
Establish
guidelines and
standard operating
procedures for the
treatment of
victims
Establish
Special
Service
Rooms for
legal
advocacy
Conduct internal
training and
education
Establish
guidelines
and standard
operating
procedures
Conduct
internal
training and
education
www.womenscommission.org/pdf/GBV
14
in the Joint Decree, the cooperation and coordination of service providers are required. Service
providers who would be engaged in this service model are those in the fields of medicine,
psychsocial services and the legal, justice and security systems.
1.
Medical
Doctors, both general practitioners and specialists, along with midwives, paramedics and nurses
would be responsible for the provision of medical services to survivors of violence against women.
The medical personnel responsible would be those attached to hospitals, integrated crisis centres,
public health centres, and medical and health clinics.
2.
Psychosocial Services
The persons providing psychosocial services to survivors of violence against women would be
psychologists, counsellors, social workers, shelter managers, religious counsellors and relatives.
They may be attached to a variety of organizations, including womens organizations, womens
crises centres, religious schools and churches. Government services themselves do not provide
psychosocial services but refer victims to NGOs that do (see chapter V.).
3.
Legal/Justice Systems
Lawyers, attorneys and judges would be the key persons dealing with legal cases of violence
against women. They would be those persons attached to legal aid institutions, the police force,
attorneys, courts and related justice institutions.
4.
Security Services
The police and those in military service would be providers of services to survivors of violence
against women.
5.
Infrastructure
The Ministry of Womens Affairs outlined the minimum standards to address violence against
women:
Establish crisis centres that are managed and funded by the Government;
Cooperate with NGOs, psychologists and community leaders to establish hotlines that
provide counselling and emergency assistance;
15
Establish Special Service Rooms (Ruang Pelayanan Khusus, RPK), similar to a womens
desk, in every police office to provide police protection and investigation of gender-based
violence incidents;
Conduct anti-violence against women campaigns and training for the public; and
Provide public education on legal recourse for survivors of domestic violence, within the
framework of Law No. 23.
The Government also responded to the protection needs of women affected by the tsunami. The
Ministry of Womens Affairs established a tsunami response programme that includes protecting
women, addressing their psychological needs, building their resilience and facilitating their
economic empowerment. In table 5, these initiatives have been broken down into the emergency,
rehabilitation and reconstruction phases of implementation.
Table 5. Strategy of the Ministry of Womens Affairs to Address the Needs of Women
Post-Tsunami
Emergency Stage
For Womens
Protection:
Establish trauma
centres and mobile
services in refugee
areas. The trauma
centre would provide
trauma counselling,
especially in the
acute phase
Establish a womens
support centre to
provide services in
the form of trauma
counselling,
reproductive health
and general health
Rehabilitation Stage
For Womens Empowerment:
Train women in
accessing economic
resources and provide
capital through
business schemes
Strengthen local
institutions providing
care for women and
children
Rebuild institutions
working on womens
and childrens
empowerment by
providing technical
assistance and
programmes to
facilitate economic
empowerment
Educate women
about the risks of
trafficking
16
Reconstruction Stage
For Womens Empowerment:
Develop an Integrated
Service Centre for
Womens Empowerment
to provide information
on womens
empowerment and
counselling services, and
to educate and train
women on development
issues and womens
empowerment
Facilitate womens
economic empowerment
Provide technical
assistance to womens
business groups
C. SECTORAL ACCOMPLISHMENTS
1.
The National Committee for Women recorded that, in 2004, Indonesian law enforcement
institutions -- the police, attorneys and the courts -- were more responsive to domestic violence
cases than they had been in the past. This could be attributed to an increase in the publics
awareness that domestic violence is a criminal act. It could also be a result of the advocacy efforts
of womens organizations to provide legal advice to survivors.
Under the Joint Decree (2002), the police were mandated to establish and manage RPKs in all
district-level police units. According to the records of the National Committee for Women, by
2004, 260 RPKs had been established throughout the country. The RPKs function as safe places
where victims can report incidents of violence and receive services in accordance with their needs.
Each RPK has a female police person who takes victims reports and refers them to a hospital for
medical care or a crisis centre for psychological/psychosocial care. Based on records of the
National Committee for Women, RPKs had by 2004 dealt with 4,456 cases of gender-based
violence, including torture, 1,977; rape, 1,633; domestic violence, 719; sexual harassment, 301;
adultery, 231; under-age girls kidnapped for marriage or trafficking, 178; homicide, 89; trafficking
of women/girls, 38; polygyny, 5; forced abortion, 3; and abandonment, 1.
The National Committee for Women investigated how the police handled these reports. The police
headquarters reported that 99 had been referred to the attorneys office; 55 had been dismissed
upon the victims requests; and 88 had been settled outside of the court, in the community. The
most common response (1,867 cases) was that the cases had been classified as under further
investigation. No other action had been taken on the rest of the gender-based violence cases.32
In Aceh, the assessment team found that the police office of Banda Aceh, which claimed to have
opened an RPK, did not have one. According to the Aceh police, RPK personnel had been hired
only recently and had not yet coordinated their services with non-police institutions, such as the
Bureau of Womens Empowerment in Aceh. According to public service personnel33, the absence
of this RPK unit has meant that many cases of gender-based violence, especially domestic
violence,34 have not received an adequate legal response. The police headquarters representative
said that the establishment of RPK is a mandate and one day an RPK must exist in Aceh.
2.
Health Sector
Within Indonesia as a whole, the pioneers of providing medical/health services for gender-based
violence survivors are the central hospital of Ciptomangunkusumo in Jakarta, which has an
Integrated Crisis Centre, and the Panti Rapih Hospital in Yogyakarta, which has a Womens
Service Unit (Unit Pelayanan Perempuan). These hospitals provide physical examinations and
services and they support police investigations of cases. For psychological support, the hospitals
refer survivors to NGOs providing psychosocial care.
32
17
There are 36 police hospitals throughout the country, owned and managed by the Indonesian
Police Headquarters. Under the Joint Decree, the Indonesian Police Centre for Medical and Health
Service established centres for integrated services for gender-based violence victims in three police
hospitals -- one each in the cities of Jakarta, Surabaya in East Java, and Makasar in South Sulawesi.
The integrated service centres offer free medical services, legal investigations, psychological
assessments and social protection for survivors. Services are provided by an interdisciplinary team,
including psychologists, medical personnel, sociologists, police officers, religious persons and
representatives of womens NGOs.
All hospitals under this referral system are required to treat survivors as patients of the emergency
unit, applying all medical and administrative emergency procedures and standards, including
addressing survivors psychological treatment and gathering forensic evidence.
18
V.
Although the national Government designed a multisectoral response to gender-based violence, the
reality in the field was that, as of 2005, that approach had not yet been fully implemented. In Aceh,
NGOs -- particularly womens NGOs -- were in the forefront of responding to gender-based
violence, and they assumed the role of providing services to survivors.
A.
WOMENS ORGANIZATIONS35
The womens organizations discussed below were organized at various times to deal with issues of
womens social, economic and political status and the special conditions in Aceh. The YJP
assessment, conducted in 2005, reflects largely the organizations post-tsunami orientation.
1.
Pulih Foundation
The Pulih Foundation (Yayasan Pulih), a womens solidarity organization, established a field office
in 2002. It provided psychological services and psychosocial activities for traumatized women
(pulih means to recover) and helped women start projects and build shelters. After the tsunami,
it identified women who had been victims of conflict and then faced the disaster that left them
separated from family members, with few economic resources. As of 2005, the organizations
primary emphases were to strengthen knowledge about gender; to reexamine traditional
relationships between men and women; and to use local people to conduct advocacy training.
2.
As of 2005, the Aceh Gender Transformation Work Group (KKTGA) was concerned with a variety
of womens issues, including the lack of security for reporting domestic violence, the lack of legal
protection for women, pornography and forced marriages. The group had three teams in Banda
Aceh and Aceh Besar, providing counselling on issues of gender, reproductive health, the domestic
violence law, inheritance rights and womens rights generally. KKTGA advocated for womens
rights after divorce, including the provision of one third of the husbands salary for his wife.
3.
Solidaritas Perempuan Aceh responded to the lack of attention to womens needs during tsunami
relief efforts and the forced marriage of young tsunami widows. It was also concerned about
infringements on the protection of women activists. It initiated a programme to empower women
economically, socially and culturally. In 2005, the organization was conducting the training of
cadres to disseminate information about women.
4.
Serikat Inong Aceh (SEIA) was concentrating in 2005 on strengthening womens economic
prospects and dealing with the issue of womens lack of freedom of movement in IDP camps.
SEIA promoted the formation of womens groups for trading, embroidery, farming and fishing,
35
19
with monthly monitoring and meetings every three months. SEIA also addressed such issues as the
domestic violence law and other important issues related to gender and the status of women.
5.
Mitra Sejati Perempuan Indonesia (MISPI) was concentrating in 2005 on addressing womens role
in the political system and, specifically, their lack of access to decision makers and consequent
inability to contribute to policy-making and peace-building efforts. MISPI was also concerned
about the restrictions on womens rights imposed by Shariah. MISPI activities included conducting
meetings and hosting discussions about the needs of Acehs society; establishing training of
trainers; making suggestions to members of the legislature; and contributing to post-tsunami
economic recovery by, for example, distributing sewing machines.
6.
In Aceh, since 2001, most psychosocial services have been provided by the Bureau for Womens
Empowerment, in cooperation with the Family Crisis Centre in Banda Aceh. These agencies have
sought to mitigate the trauma experienced by survivors of gender-based violence, offering
counselling and skills training. From 2001 to 2004, the Family Crisis Centre served 760 women
from Aceh; some were widows of men killed in the conflict and others were survivors of genderbased violence. There has been a substantial increase in clients, from 40 persons in 2001 to 100
persons in 2002, 300 persons in 2003 and 330 persons in 2004. The assessment team did not
investigate the reason, but it may reflect womens increasing willingness to seek services.
C.
In the course of the assessment, one activist for Aceh women remarked that women have been in
the front lines of peace efforts. One such effort was the implementation of the Womens Congress
with the theme Agreement among Acehnese Women for Peace (Duek Pakat Ureung Inong
Aceh). Held in Banda Aceh on 20-22 February 2000, the congress hosted 450 women from Aceh,
representing many professions. Some were survivors of political violence. The focus of the
conference was on how women can take part in conflict resolution and peace-building. Despite the
productive discussion at the congress, women were excluded from the 2005 peace talks.
D.
HUMAN RIGHTS
The Human Rights Concerns Forum (Forum Peduli Hak Asasi Manusia, or Forum Peduli HAM),
an NGO with more than 17,000 volunteers around the world, had about 100 volunteers in Aceh
during the conflict and was still operating in Banda Aceh at the time of the field work for this case
study. The Forum was investigating reports of missing persons, torture and other violence
committed during the conflict in Aceh.
20
GAPS IN SERVICES
RECOMMENDATIONS
Based on the gaps identified with regard to gender-based violence prevention and response in
Aceh, the assessment team urges the Indonesian Government, donor nations, United Nations
organizations and agencies, and international and local NGOs to consider the following
recommendations.
1.
Develop effective law enforcement strategies and mechanisms to prevent and protect
women from gender-based violence;
Educate and train personnel about international covenants and government policies and
laws that protect womens rights, mandate services to survivors and punish perpetrators.
Monitor the implementation and follow-up of these policies;
21
Educate the public about international covenants and government policies and laws that
protect womens rights, mandate services to survivors and punish perpetrators;
Prevent military and state violence against women and monitor soldiers access to
communities and to women, in particular;
Strengthen laws on gender-based violence and uphold Law No. 23, Elimination of
Domestic Violence. Military and government institutions must hold their personnel
responsible for committing acts of gender-based violence, with consistent punishments;
Strengthen prevention and response to gender-based violence in IDP camps. Employ and
train policewomen to play this role in IDP camps. They will be sensitive to womens
protection needs, and their presence may encourage women to report issues of genderbased violence.
2.
Facilitate the implementation of the United Nations Security Council resolution 1325 for
womens equal participation in policy-making for peace and security;
Ensure that, in all humanitarian assistance, womens specific health and safety needs are
addressed, including clean water supply and appropriate shelter for changing clothes,
bathing and excreting. Access to reproductive health services and supplies, including
emergency contraception, family planning, and obstetric care is necessary;
Promote initiatives that protect womens health through health education, including family
planning, the prevention of sexually transmitted infections and HIV/AIDS, safe
motherhood and pregnancy care;
22
Support and implement entrepreneurship and economic initiatives through training for
women, especially those in female-headed households;
Form alliances with the mass media to promote community and womens issues; and
Hold authorities accountable for the implementation of CEDAW and government policies
and laws pertaining to gender-based violence;
23
ANNEX
List of Key Persons Interviewed in Aceh
No.
Name
1.
2.
3.
Suraiya Kamaruzaman
Evi
Norma Susanti
4.
5.
Wanti
Lailisma
6.
Tabrani Yunis
7
8.
9.
10.
11
12
13.
14.
Daud Humas
Nurdin Hassan
Adi Warsidi
Sufriyani Ayub
Husni Sulaiman
Jumadi
Ardhiansyah
Usman Hamid
15.
Samsidar
16.
Meuthia Hatta
17.
Eko Danianto
Organization/Institution
Flower Aceh (NGO)
Flower Aceh (NGO)
Relawan Perempuan Untuk Kemanusiaan (RPUK)
(NGO)
Solidaritas Perempuan Aceh (NGO)
Biro Pemberdayaan Perempuan Propinsi NAD
(Government)
Centre for Community Development and Education
(CCDE) (NGO)
Provincial Health Office (Government)
Koran Serambi (Media)
Acehkita.Com (Media)
Acehkita.Com (Media)
Police officer, Banda Aceh city
Camp manager, Siron Lambaro, Aceh Besar
Forum LSM (NGO)
Ketua Badan Pekerja Komisi untuk Orang Hilang dan
Tindak Kekerasan (KONTRAS) (NGO)
Pelapor Khusus Aceh untuk Komisi Nasional Anti
Kekerasan terhadap Perempuan (Komnas Perempuan)
(NGO)
Menteri Negara Pemberdayaan Perempuan Republik
Indonesia (Government)
Head of Police Office, Banda Aceh city
24
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