To counter trafficking at the provincial level, several provinces and districts have passed regional regulations or acts. Among those that passed regulations are North Sulawesi, Dumai, Riau, Indramayu, Cilacap, Surakarta , East Java, West Kalimantan, East Kalimantan , West Nusa Tenggara.
The National Police has succeeded in dismantling the trafficking syndicate in Tangerang, Lampung, East Java, North Sumatera, Kendari, Cirebon , Makassar and Central Java .
The Director General of Immigration has revised Law No. 9/1992 on Immigration which addresses the management of women victims of trafficking and those smuggled as migrant workers.
At present, the police are in the process of setting up a unit specially designed to handle crimes against women and children, and trafficking in women and children. Part of the unit will be a special treatment facility.
Prevention
The measures being taken are the following:
* Public campaign using mass media, including electronic media, to provide information about trafficking in order to counteract the work of traffickers.
* Dissemination of information to relevant education and communication stakeholders on the National Plan of Action on the Elimination of Trafficking in Women and Children.
* Seminar on the trafficking in women and children, with participants from hotel and entertainment businesses and related government stakeholders.
* Application of resources to map the transit and destination points of women migrant overseas workers.
With support from local and international civil society organizations (CSOs), such as International C atholic Migration Commission (ICMC) and American Centre for International Labor Solidarity (ACILS), the Ministry for Women Empowerment conducted a program on Strengthening the Initiatives of Government, NGOs and Trade Unions against Human Trafficking in ten provinces. These CSOs have also supported the development and production of anti-trafficking video training and campaign kit to educate thousand of members about trafficking network, ways to combat trafficking, awareness building about trafficking and empowering teachers to raise awareness about this issue in junior and senior high schools. They also have provided public information messages through comic books and leaflets inserted in commercial noodles and Indonesia’s first ever website exclusively devoted to combat trafficking. Apart from that, video training is being done by a prominent celebrity, Dewi Hughes, who has been elected to serve as the icon for the elimination of trafficking in women and children.
Such efforts have also sought to revitalize available community institutions, in cooperation with local non-governmental organizations among them Saving and Loan cooperatives in East Kalimantan; income generating projects in Nunukan district, East Java province; and those involved in anti-trafficking program and protection and social services for children of women migrant workers in Nunukan, East Java province. Also playing its part is the transit system for Indonesian Migrant Workers who return to their home via Jakarta , accessing shelter services for trafficking victims as they travel.
The Ministry of Foreign Affairs, in cooperation with the National Committee on EVAW, has worked out a special agreement on the management and handling of Indonesian Migrant Workers utilizing human rights approach.
Director-General of Population Administration, Ministry of Home Affairs, has called on district/city governments to provide free birth certificate to new born babies, in accordance with provisions contained in the provincial act.
Prevention, Rehabilitation, Reintegration and Repatriation
Among the many measures adopted in these areas are the following:
The formulation of a Manual/Standard Operational Procedure on the Return and Reintegration of Trafficking Victims by line ministries, coordinated by the State Ministry for Women Empowerment. Along with that, the Ministry of Social Affairs has developed a Manual on the Protection and Management of Commercial of Sexual Exploitation of Children and its Technical Guideline on Funding Disbursement for Returning Victims of Trafficking and a Manual on the Management of Homes for the Social Protection of Children.
The establishment of Integrated Service Posts for the victims of violence through the signing of Joint Agreement between the State Minister for Women Empowerment and the Minister for Social Affairs, the Minister for Health, and the National Police. The Police have set up 38 Integrated Service Posts in police hospitals all over Indonesia , one of which has been developed exclusively as the post for women and children victims of trafficking, supported by medical integrated services in cooperation with the International Organization of Migration. The IOM has provided legal assistance and education to victims. Over the period January to December 2006, 409 victims of trafficking were assisted. The total consisted of 304 adult (74.33 per cent), 31 of whom were (7.58 per cent) and 378 women (92.42 per cent) while children 105 (25.67 per cent).
In order to resolve the cases of violence against women, covering the years 1999 – 2005, the National Police has established 237 Special Treatment Units that also function as shelters for victims of violence. These units are managed by women police and provide services to women and children who have been victims of crimes and violence, including trafficking. In the years 2004 – 2005, the Police trained 1100 women police to man the units.
In collaboration with regional governments, the State Ministry for Women Empowerment has developed Integrated Services Posts for Women and Children in provinces, districts/cities as the preferred medium of learning, teaching, legal assistance of women’s and children’s programs.
- The National Police have disseminated information on the draft Anti Trafficking Law to its members, conducted training, seminars and prepared training modules on how to handle trafficking and traffickers.
13. The report notes that there are hundreds of abuse cases each year against the estimated 2.5 million Indonesian migrant workers abroad, of whom than 70 per cent are women, and that very little has been done to provide protection or adequate pre-departure preparation (para.108). The Committee, in its previous concluding comments, also expressed concern about migrant women abroad being trafficked for the purpose of prostitution (A/53/38/Rev.1, para 296). Please describe what specific measures are in place to address this problem and what further action will be taken to protect these migrant women abroad from being abused and engaging in prostitution.
Some of the measures being taken have already been highlighted in preceding responses .
A bilateral labor cooperation agreement with several receiving countries, namely with Kuwait , Jordan , Malaysia , Taiwan and Korea were signed in 1996, 2001 and 2004 respectively. The agreement is based on mutual concerns and commitment to promote and protect the rights of Indonesia women migrant workers who work in those countries, both those with and those without acceptable legal status.
At a regional level, Indonesia took a lead to fully implement the goals and commitments made related to eliminating violence against women and monitor their progress. During ASEAN Ministerial Meeting in 2004 in Jakarta , ASEAN adopted Declaration on the Elimination of Violence against Women in the ASEAN Region .
Indonesia ’s Special Task Force on the Elimination of Trafficking in Women and Children has actively participated in national and ASEAN meetings concerning the elimination of exploitation of sexual commercial of children and women.
In 2007, the Government established a National Coordinating Agency for Placement and Protection of Indonesian Workers Overseas under Presidential Decree No. 8/2007.
PARTICIPATION IN PUBLIC LIFE AND DECISION MAKING
14. Despite the adoption of Law Number 12 of 2003 on General Elections which stipulates that women should form at least 30 per cent of the candidates of political parties for the legislature (para. 76), the report recognizes that the number of women candidates in most political parties falls short of this. Please indicate what sanctions, if any, the law stipulates for non-compliance, and what other measures have been taken to achieve compliance with the law.
No legal sanction is imposed for non-compliance with the Law on General Elections. If there is such sanction, it most probably is a moral sanction rooted in the need for fairness by people who control political parties yet do not make any commitment to recruit women as members of political parties or provision for them to occupy parliamentary seats. This can be attributed to the loophole in the law itself which does not make use of the word ‘ compulsory ’ relative to the legal requirement for women in politics to be assured of 30 per cent of party candidacy to contest elections and, subsequently, to take up parliamentary seats.
In order to ensure the 30 per cent allocation is respected, the State Ministry for Women Empowerment backed by non-governmental organizations, recently submitted a revision to the existing Law for Presidential consideration. Not only the revision of the Law on General Elections, but also the revision of Law on Political Party and Law on Organization and Status of the Members of Parliament.
The President himself has proposed improvements to those laws and regulations, particularly those dealing with the selection of candidates for political parties, participating in general elections. He has also called for an open electoral system based on proportional representation which would enable political parties to compile candidate lists resulting from popular support and not political patronage. This proposal would enable more women candidates to be elected as representatives to the National Parliament.
Other strategies are being used:
(1) to promote and strengthen networking amongst women organizations;
(2) to increase the representation of women in the organizational structure of political parties;
(3) to promote advocacy among leaders of political parties and their members so they share the need to enhance women’s participation in politics and
(4) to create access to the media;
(5) to promote awareness and understanding of women’s political needs and ambitions through education and training.
Simultaneously, the State Ministry for Women Empowerment has engaged in political education for the benefit of women organizations, academicians, members of political parties and officials of relevant government agencies, focusing on gender issues, citizenship and other substantive matters required to increase women’s representation in the politics. This political education targeted potential women candidates and female members of parliament, both at the national and provincial levels. Indonesia has also developed IEC materials for the public and a National Plan of Action on the Increase of women’s participation in politics.
15. The report shows the very low representation of women in the public and political arena, including in Parliament, in ministries, non-ministerial Government institutions, the Judiciary and the Foreign Service. Please provide information on any measures and activities that are in place to address this situation, including temporary special measures, in accordance with article 4, paragraph 1 of the Convention, and the Committee’s general recommendation 25, and their impact.
There are three strategic measures that have been taken to increase the number of women in politics, namely:
to engage in advocacy among decision makers in line ministries to act in accordance with gender equality and women empowerment concepts, as well as in line with the gender mainstreaming strategy;
to disseminate information on gender equality concepts to non-governmental organizations and the private sectors;
to educate women and improve their skills through trainings.
To be effective these measures have been taking into account the sensitivity of socio-cultural norms and traditions, thus making them effective to achieve women’s advancement.
Another strategy involves the mobilization of the Association of Public Officials that operates at the national and provincial levels. The Association’s Division for Women Empowerment plays an active role in mentoring its general membership and in empowering female members through seminars on women empowerment and gender equality. Those engaging in advocacy also target heads of departments of line ministries, as part of the members of the Association.
The Ministry of Foreign Affairs has formulated a policy benefit both women (wives) and men (husbands) in the diplomatic service, each of whom will be posted and assigned to country nearby. Apart from that, the ministry has recruited more women to serve in the Ministry for the past three years. As a result, there are more women diplomats now in the Ministry.
NATIONALITY
Please indicate the status of the Draft Law on Citizenship of the Republic of Indonesia (amending Law No.62 of 1958) (para.89) and clarify how it will meet all requirements of article 9 of the Convention.
In 2006, Act No. 12 Year 2006 on Citizenship was passed. This law replaced Act No. 62 Year 1958. There are two main differences distinguishing Act No. 12 Year 2006 from its predecessor:
(a) an Indonesian woman who is married to a foreigner is given a three-years period in which to decide whether she would retain her citizenship or assume her husband’s – previously, it was only one year – (Chapter 26 article (4)); and
(b) any child born from that marriage is entitled to dual citizenship until he or she reaches the age of 18 years to decide either way – previously, the child would automatically assume his/her father’s nationality – (Chapter 6).
Both chapters meet the requirement of article 9 of the Convention.
EMPLOYMENT, POVERTY
17. The report recognizes that women consistently receive significantly lower salaries than men for the same work done ( para.106) despite Government Regulation No. 8 of 1981 on Wage Protection and ratification of the ILO Convention No. 100 on Equal Remuneration for Men and Women Workers for Work of Equal Value (para. 115). Please indicate what steps the Government has taken to ensure compliance with the Regulation and ILO Convention No. 100 and measures in place to enhance women’s knowledge of the law and capacity to claim their rights.
The State Ministry for Women Empowerment in cooperation with provincial governments, has conducted monitoring manufactures/factories that employ mostly women in order to determine the effectiveness of the regulation in stimulating efforts to promote women’s human rights and protection. To bring about its effective implementation, during the commemoration of Indonesian Women’s Day in December, the President of the Republic of Indonesia presents an award to each employer who successfully complies with the Government Regulation and ILO Convention No.100 on Equal Remuneration for Men and Women Workers for Work of Equal Value.
In addition, gender sensitization trainings and advocacy are conducted by both the State Ministry for Women Empowerment and Ministry of Labor and Transmigration among employers, entrepreneurs, business people and workers to increase their awareness and understanding on women’s human rights and gender issues.
Along with that activity, The State Ministry for Women Empowerment has prepared information to be disseminated by print and electronic media to all layers of society, including media workers themselves, in order to enhance their awareness and encourage their support for gender equality and women empowerment in the workplace.
The Ministry of Labor and Transmigration has conducted gender sensitization and gender analysis training for its officials. The Ministry has also disseminated information to stakeholders on the National Plan of Action on the Elimination of Violence against Women, developed gender indicators in the workplace and crafted a Manual on Equal Employment Opportunities and Treatment.
18. The report recognizes that the Government has not been able to enforce provisions related to the rights to family benefits for all private enterprises but is working closely with civil society organizations to formulate Guidelines on Equal Employment Opportunities in order to speed-up full implementation of international labor standards (para 145). Please provide information on the content and status of the Guidelines, as well as other measures taken to ensure compliance among the private sector with the Convention.
In response to the ratification of ILO Convention No. 111, the Government has formulated policies and guidelines on Equal Employment Opportunities (EEO). At the moment, the Government is disseminating the policies to the different regions (provinces and districts/cities).
The Guidelines highlight, among others things, the responsibility of employers to ensure proper working conditions, which include adequate lighting, resting rooms, lockers, clean restroom facilities, housing and recreation facilities (for a manufacture with more than one thousand employees), the rights and obligations of employers and employees; recruitment and promotion, trainings and career development, retrenchment, social protection, complaints procedures and other related matters.
19. Please clarify whether workers in the informal sector, many of whom are women, are eligible to participate in the Social Security Scheme for workers (Jamsostek), and if so, please provide sex-disaggregated data about the extent of such participation.
Act No. 3 Year 1992 stipulates that both formal and informal workers are eligible to participate in the Social Security Scheme (Jamsostek). Presently, only formal workers have benefited from the Jamsostek scheme. The application of the scheme for informal workers is still the exploratory phase, with involvement of around 40.000 informal workers as participants.
20. The report notes the inter-departmental working group for equality in the world of work is working with civil society organizations and others to synchronize legislation and regulation to improve women’s access and opportunity to obtain social welfare support, bank loans and credits (paras 146/7). (a) Please provide information on the activities and impact of the inter-departmental working group. (b) Please include information on whether the working group has addressed other discriminatory laws in the world of work, including the requirement that a woman obtain her family’s consents for night employment (para 116), which was noted with concern in the Committee’s previous concluding comments (A/53/38/Rev.1, para 284 (b)).
(a) The inter-governmental working group functioned effectively until 2002. It successfully forged collaboration between the Government and other parties in the society (NGOs). Although there has been no evaluation on the impact of the working group, it is evident that it did make significant contributions to the formulation of gender mainstreaming programs in the society.
(b) The Government has consistently supported policies aimed at protecting women workers. The Government has ratified ILO Conventions No. 100 and 111. While security condition is gradually being improved, the requirement for a woman to obtain her family’s consent for night employment is primarily intended to ensure additional protection by women workers’ family, in accordance with their rights and dignity.
21. Please provide information, including sex-disaggregated data, on women’s access to mortgages, bank loans and other forms of financial credit.
To date, there are no sex-disaggregated data related to access to financing. However, since 2004 the Government has organized gender-responsive financial supports for the development of micro- and small-enterprises under the scheme of “burden-for-all” in 30 provinces. The funds disbursed amount to Rp 7.5 million (around US$840) per group.
22. The report recognizes that women and children suffered more than as a consequence of the economic crisis of 1997 (paras 8, 111 and 148), particularly in the area of employment (para 113). Please indicate how national development plans or poverty eradication strategies that are in place in the country, including those aimed at achieving the Millennium Development Goals, integrate a gender perspective and contribute to the implementation of the convention and respond to the Committee’s concern in its previous concluding comments (A/53/38/ Rev.1, paras 281 and 302). Please also provide information on the impact of the implementation of such policies on poverty levels among women, particularly rural women.
The National Strategy for Poverty Alleviation (SNPK), formulated in 2005, consists of a strategy and an action plan to accelerate the achievement of poverty-alleviating goals. SNPK has been incorporated into the Presidential Regulation No. 7 Year 2005 on RPJMN 2004-2009, and being integrated annually into the Government Work Plan (RKP) along with its budget allocation. The gender mainstreaming strategy, which is one of the mainstream principles in development, has been incorporated into RKP (spanning the years 2006 to 2008).
Incorporation of gender mainstreaming strategy into RPJMN and RKP can be observed in several development areas, for instance, education, health, labor, and law, as well as in poverty alleviation.
The government’s poverty-alleviation effort revolves around four main steps, namely:
(a) endorsement of pro-poor growth;
(b) improvement and expansion of the scope of community-based development programs;
(c) increase in access of the poor to basic public services, such as clean water and sanitation, with special attention being given to remote and isolated areas, including the furthest isle; and
(d) development and improvement of the social protection system for the poor.
To elaborate on the Government’s efforts to provide social protection to the poor, the aim is to shield them from the possible economic injury resulting from social and economic shock. One of the priority areas is to increase protection for poor families, including women and children, through improved access to information and service thus building social resilience and family empowerment, and also through the establishment of comprehensive service centers for the empowerment of women and children (P2TP2A). All these activities are expected to provide protection for women, improve their quality of life, and empower them.
Furthermore, another related priority area aims to provide social assistance for poor households (Rumah Tangga Sangat Miskin) through the Program of Hopeful Family (Program Keluarga Harapan). Intended beneficiaries of PKH are pregnant/lactating mothers and children between the ages of 0 to 15 years who belonged to RTSM. To be involved in the program, pregnant mothers must have their pregnancy checked, and under-5 year child must fulfill the universal health protocol, such as vaccination and weight requirements. Other requirements relate to education. These necessitate that children aged 6-15 years should be enrolled in school and have 85 per cent minimum attendance. By satisfying these conditions, it is expected that the health and education quality of women and children will improve in the long run.
Poverty alleviation efforts are conducted between different development fields, areas, and institutions. Several development undertakings have not been successful enough in reducing the number of poor in Indonesia . Based on available data, the number of poor in Indonesia in 2004 numbered about 36.1 million people. A small reduction was observed in 2005 when the poor decreased in number to 35.1 million people. Most of the poor are in rural areas (24.8 million people in 2004 and 22.7 million people in 2005).
Looking at the social-demography characteristics of the households, especially those headed by women, it appears that the percentage of women heading poor household, serving as breadwinner, attained 12.34 per cent , while in non-poor households the figure was 12.61 per cent in 2005. Moreover, in urban areas the percentage of household headed by woman tended to be higher (15.26 per cent ) in comparison to rural area (11.0 per cent ). Such condition applies to both poor and non-poor households.
Looking at the head count index , households headed by woman nationally amounted to about 12.77 per cent , these households being categorized as poor. In urban area, the percentage reached 10.27 per cent and 15.10 per cent in rural area (please see the attached table).
When these data are correlated with the efforts to achieve the Millennium Development Goals (MDGs), a strong correlation may be observed regarding efforts to improve children’s quality of life, the rate of which may be measured by means of the Gender-related Development Index (GDI) and Gender Empowerment Measurement (GEM) among others. GDI Indonesia, calculated from variables of education, health, and economy, improved from 0.639 in 2004 to 0.651 in 2005. GEM Indonesia, which can be calculated from variables of women’s participation in the fields of economics, politics, and decision-making, also showed an increase from 0.597 in 2004 to 0.613 in 2005.
There are many successful examples demonstrating the empowerment of women in several fields of development. Some can be found in health. For instance, the maternal mortality rate has decreased – though the number is still high – to 307 per 100.000 live births in 2002-2003. If correlated with the MDGs, more critical efforts will need to be made in this regard, and special attention must be given to pregnant/breastfeeding mothers from poor households, especially those who live in rural areas.
Labor Force Participation Rate of women shows an increase from 50.6 per cent in 2005 to 51.4 per cent in 2006. A number of labor protection policies have been revised, including those regarding labor overseas worker (most of whom are women with relatively low education).
While in the field of education, the MDGs target is to guarantee that all children, whoever they are, both male and female, complete their basic education, by 2015. Since Indonesia achieved the six-year basic education with Gross Enrollment Rate (GER) exceeding 100 per cent , it took the decision to increase the time-span of the program to nine which allows it to be synchronized with the targets of the Nine-Years Compulsory Basic Education Program. Basic education covers primary school and madrasah ibtidaiyah (SD/MI), secondary high school and madrasah tsanawiyah (SMP/MTs), and other forms of schooling of similar level. GER of SMP/MTs/similar level within one decade has increased from 65.7 per cent in 1995 into 88.68 per cent in 2006. Meanwhile, the gender gap was decreasing. While in 1995, the ratio of girls GER against boys GER at SMP/MTs/similar level reached 97.9 per cent in 2006 the ratio rose to 101.6 per cent . Improving the educational level of the women is expected to help improve their quality of life. Since improvement of education level has impacted the improvement of other development indicators, such as maternal mortality rate, infant mortality rate, total fertility rate, and so on, the achievement of MDGs educational target is expected to make a significant contribution to the achievement of other fields.
HEALTH
23. According to the report, the issue of unwanted pregnancy leading to unsafe abortion and its complications is a main problem faced by adolescents (para 130) and that a 1999 study of 15-19 year-olds in four provinces of Indonesia revealed that “61 per cent have unwanted pregnancies, with 12 per cent of then undergoing abortion and 70 per cent performing the abortion themselves” (para 131), even though abortion conducted outside recognized medical facilities is illegal under Indonesian law (para 132). Please indicate what concrete measures have been taken to address the issue of unwanted pregnancies and of abortions, especially among adolescents. In particular elaborate of the ability and accessibility of age-appropriate sex education, and family planning information and a range of contraceptive methods.
Measures have been taken to address the issue of unwanted pregnancy and of abortions. Promoting reproductive health has been the main vehicles in building awareness about the effects of unsafe abortions. Reproductive health has been woven into the formal education curriculum, event though its effectiveness remains restricted because of the limited knowledge of teachers. Another effort includes education on delaying the marriage, especially by women, until appropriate age for such is attained. Increased school enrollment has, however, indirectly reduced the possibility of early marriage.
The family planning program has been facing enormous challenges recently because its foothold at the district level has weakened, due partly to decentralization. This circumstance severely limits the contraceptive prevalence rate. In dealing this situation, the Indonesian Coordinating Agency for Family Planning in its Strategic Planning 2004-2009 focused its programs on (i) continuing to sustained awareness-raising among local authorities, as well as community and religious leaders on the importance of demography and family planning, (ii) building partnership among relevant stakeholders, (iii) stimulate community-based programs, and (iv) developing a qualified family-planning program as a basis for a sound demographic policy.
24. Please provide data disaggregated by sex about HIV/AIDS infection and mother to child infection. What is the impact of the action taken to prevent and combat the prevalence and spread of HIV/AIDS?
As of December 31, 2006 , 8,194 accumulated AIDS cases have been reported from 32 provinces consisting of 169 districts. From this figure, the ratio of AIDS cases of women to men has been set at 5.12 to 1. The national prevalence of AIDS in 2006 was calculated at 3.61 per 100.000 populations or less than 0.1%.
Great efforts have been made and significant resources have been invested to combat the prevalence and spread of HIV/AIDS. So far the national prevalence of HIV/AIDS among general population is still below 0.1%. However, in some areas such as Papua and among (such as drug users and sex workers) the tendency for increased HIV/AIDS cases is great.
The National AIDS Commission (NAC) was established last year. According to the Presidential Regulation No. 75/2006, the Commission aims at scaling-up the response to the AIDS epidemic intensively, and comprehensively, in a coordinated manner. The Com mission’s programs focus on (i) outreach to high risk groups including injecting-drug users and sex workers; (ii) minimizing drug and sexual-transmissions-related new cases; and (iii) special coverage to 19 most HIV-prevalence provinces, including in Papua. A National Action Plan 2007 - 2010 is being finalized to include these comprehensive measures.
25. The report shows that maternal mortality rate Indonesia is the highest amongst ASEAN countries (para 124). Please describe any measures taken to address this problem, in particular, policies or actions that ensure women’s access to reproductive health facilities, especially for poor urban, rural, and hinterland women.
Aware of the urgency to achieve a meaningful reduction of maternal mortality, increased resources have been put in place as a response to the challenge. They include deployment of health workers (especially village midwives), provision of free access to antenatal and delivery services for the poor, and improvement of basic health and obstetric emergency facilities. In 2008 alone, Ministry of Health plans to deploy 28.000 village midwives and train 58.000 health cadres.
To increase women’s access to antenatal and delivery services, a health insurance mechanism, adopted since 2005, will be utilized to help at least 60 million poor women (including pregnant women), giving them free access to health services. In the mean time, a cash transfer scheme is underway to reward women who make use of health services. Under this scheme, a mother must check her pregnancy regularly and have her delivery attended by health personnel for cash eligibility. In addition, improvement of basic health services is the main priority of health development until 2009 several projects have even been re-focused to improve basic health services facilities.
MARRIAGE AND FAMILY RELATIONS
26. The report indicates that the legal age for marriage is 16 for a girl and 19 for a boy (para.163), which was an area of concern in the Committee’s previous concluding comments (A/53/ 38 / Rev.1, para.284 (a)). Please indicate the steps taken to raise the minimum age of marriage for girls to 18 years in order to bring it in line with article 1 of the Convention on the Rights of the Child and article 16 of the Convention on the Elimination of All Forms of Discrimination against Women, and the Committee’s general recommendation 21, and whether a timetable has been established for enacting such an amendment.
The State Ministry for Women Empowerment, supported by non-governmental organizations, has proposed revisions to Law, focusing on the age of marriage, polygamy, marriage based on different religious beliefs, as well as the status and roles of husband and wife. This change is still being discussed with relevant parties. The 2005 – 2009 National Legislative Program, has the revision of the Law on Marriage as part of its agenda.
Simultaneously, the State Ministry for Women Empowerment has vigorously convinced parents to let their children, boys and girls alike, stay in school, at least until the Nine–twelve Year Compulsory Education program has been completed. The Ministry has also made use of other laws to discourage early marriage, such as the amendment of the Constitution, Law Number 39/1999, in particular article 51 on equal rights and obligations of wives and husbands in marriage, Law Number 7/1984 on the ratification of the Convention on the Elimination of All Forms of Discrimination against Women and the Declaration on the Elimination of all Forms of Violence against Women.
In particular, the State Ministry has disseminated information to all segments of society on the Child Protection Law with special emphasis on their rights to education, health and recreation, and social and legal protection. In this law, the child defines as someone who is less than 18 years of age. With the circulation of this Law on Child Protection, it is hoped that many parents will not permit their children to marry below 18 years of age, as stipulated in the Law on Marriage. The State Ministry for Women Empowerment has also intensified advocacy and dissemination of information on gender equality and women empowerment concepts to all stakeholders.
In this regard, another noteworthy effort is a campaign by Ministry of National Education on Compulsory Nine Year Education to boys and girls and acceleration of the program to combat illiteracy in women.
27. The report recognizes that child marriages (by person less than 16 years of age) continue to be prevalent, reaching as high as 16 per cent in West Java , according to the 1998 National Social Economic Survey (para. 74). Please explain why the provision contained in Law Number 23 of 2002 on Child Protection has not been adhered to. Please also provide information on concrete efforts taken to reduce the incidence of child marriage, including the proposal for legal sanctions for individuals who force a child under 18 years-old- to marry (para.160f).
Child marriage in certain areas is still prevalent for various reasons. The most significant reason is the prevailing socio-cultural norms of society which encourage the belief that marriage at a later age amounts to shameful conduct and therefore should be prevented. Another reason could be the poverty of the family. The belief that once the girl children are married, their husband will take care of them. There are four strengthened measures currently being implemented, (i) intensive campaigns on Child Protection Law; (ii) income generation and training program for poor families and young girls; (iii) Compulsory Nine-year Education; and (iv) Indonesian Commission for Child Protection.
To minimize this, the State Ministry for Women Empowerment has conducted intensive campaigns highlighting the Law on Child Protection to all government agencies at the national and provincial levels, to religious and community leaders, to women’s organizations, non-governmental organizations and to the community at large.
The Ministry also supports income generation by poor families through cooperation with line ministries, banking institution, technology development and marketing institutions. Training centers and courses have also been set up by the government and community to encourage your girls and women to increase their skills and knowledge. Many women and young girls have avails themselves of the facilities and, as a result, have managed to empower themselves substantially by setting up their own small and micro businesses or by doing so jointly with their colleagues and friends. Indonesian Business Women Association has taken active part in providing training facilities and mediating banking and non-banking institutions for the career development of women.
The Ministry of National Education has established Compulsory Nine-Year Education as one of the national education priorities. It aims in 2008 – 2009 to achieve equal access for boys and girls to education at primary, junior and secondary levels. The goal is 100 per cent of children aged 7 to 12 years, 94 per cent of children aged 13 to 15 years and 66 per cent of children aged 16 to 18 years. This is being done at a time when student enrolment has been increasing from year to year.
Over the last three years, indicators for enrolment and participation at all three levels have consistently increased. The gross enrolment ratios (GER) at junior and senior secondary levels have increased from 77.1 per cent and 46.7 per cent in 2004 to 80.4 per cent and 51.5 per cent in 2005. However the net enrolment rations (NER) at junior and secondary levels are still low (61.7 per cent and 41.9 per cent respectively in 2004). Greater efforts are needed to increase enrolment at these levels.
To enable the Government to implement the Child Protection Law effectively, apart from the role of the State Minister for Women Empowerment, the Government has also established, through Presidential Decree No. 77 of 2003, the Indonesian Commission for Child Protection or KPAI. The KPAI is responsible for advocating that all relevant legislation enacted should be in line with the Law. The KPAI is also occupied solving problems faced by the community related to child welfare and protection, conducting research, monitoring and evaluating the implementation of the Law by stakeholders. To achieve national impact, the KPAI has created branches at the national and provincial levels. Other efforts by KPAI to fulfill its mandate over the past two years include:
(a) developing infrastructures for prosecution and services such as trauma centers, special rooms for children and women in police stations at provincial and district level; hospital-based and community-based crisis centers; and
(b) increasing coordination and collaboration with stakeholders.
The report notes that the conclusion to the critical review of Marriage Law No. 1 of 1974, which has been going on since the ratification of the CEDAW, recommended revision to the Law based on the fact that some of the articles are discriminatory to women, particularly with regard to household responsibilities and polygamy (para.161). Please indicate the steps taken to implement these recommendations and to amend the Law, as called for in the Committee’s previous concluding comments (A/53/38/Rev.1., para 307).
Please refer to the response no. 26 above
29. In 2005, the Committee on the Elimination of Discrimination against Women adopted a statement in regard to the Tsunami disaster in South-East Asia of December 2004 (A/60/38). Where it stressed that gender-specific needs and vulnerabilities must be identified in all responses to the humanitarian and recovery efforts, especially in relation to health, security and livelihoods. Please provide an assessment of the impact on women of the measures taken by the country during its recovery and rehabilitation efforts, including women’s access to services and opportunities.
Following the tsunami disaster in December 2004, the State Minister for Women Empowerment, together with the Provincial Women Empowerment local body in Aceh, supported by international donors, actively participated to rescue efforts and facilitated the satisfaction of the needs of women and children during the emergency, rehabilitation and reconstruction phases.
Emergency, Rehabilitation and Reconstruction Phases
Ensure gender-sensitive distribution plan of aids, sensitize decision-makers, religious leaders and community leaders about gender sensitivity, training on gender mainstreaming for developer and stakeholders in charge of rehabilitation and reconstruction, mainstreaming gender into the planning process (in the most strategic sectors such as education, health, water and sanitation, transportation, the economy, telecommunication and social and religious activities) and gender budgeting.
Emergency Phase
Collection of data on victims and survivors in particular women and children (among others sex-disaggregated data on IDPs, sex-disaggregated data on victims, number of pregnant women, number of women going into labor; number of women-headed household, number of female youth, number of separated children, type of their business, number of women with disability and so on.
Revitalization of women empowerment unit at provincial and district levels (through technical assistance and the provision of back up human resources), office facilities support, capacity building, humanitarian incentives (house and transportation, in partnership with UN agencies, international and local NGOs), setting up of trauma centers to assist the survivors (through the provision of psychological, general support services, counseling, support for public health centers, support for mental health clinics, women crisis centers or shelters, revitalization and preservation of social/community wisdom, community organizing), family reunion program (identification of children who lost their families; relocation and media support), gender-based violence prevention and management (establishment of advocacy team, provision of education and training, public campaigning, outreach programs for men who involved in abusive situations, anger management for potential violent persons, psychosocial support for victims, counseling, support mental health clinic and so on).
Labor intensive programs for women (life skills training, open job opportunities, mass labor intensive projects and humanitarian incentives for women who have babies/small children); Women Support Centers (economic centers for development, life skills training, emotional support), legal support to protect women’s property and rights (advocacy for and support to identify ID cards, birth certificate etc), advocacy for land ownership for women), child protection (foster family care, needs assessment, investigation and database development), child healthcare (investigation , needs assessment, database development, evacuation for seriously injured), healthcare support and nutrition and meal support.
Rehabilitation Phase
Economic recovery designed for women (needs assessment, identification and establishment of collective target group), training on management and community organizing, training on finance and administration; training on small and medium enterprises, provision of capital incentives, availability of facilitators and community organizing, Gender Advocacy team (assistance with job description, identification of advocacy core team, budgeting, public campaigning; affirmative action, as needed, legal support on women’s property (needs assessment, investigation, advocacy on behalf of clients by providing advocate team, provision of notaries and NGOs support ), Labor Intensive Program (needs assessment, training, capital incentive, labor intensive public works), Partnership, Child Protection (foster family, family reunion, child protection outside of the IDPs camps and child healthcare) and Gender mainstreaming .
Reconstruction Phase
Women support facilities for reconstruction (Women Empowerment unit office in province and districts, other vital offices related with women empowerment for instance, women support centre, family empowerment program, women economic centre, Integrated Health Posts and so on), gender mainstreaming; revitalization of women support facilities (religious and social activities, women empowerment activities such as economic empowerment groups), revitalization of local NGOs that were affected by tsunami and the availability of technical assistant, and the provision of IEC materials.
The impact of the programs and activities has been positive. Women can be healed in the long run from their traumatic experience. Their economy developed. They can be empowered and their self-confidence in managing their lives and those of their children developed, as they gain greater access to education.
OPTIONAL PROTOCOL AND AMENDMENT TO ARTICLE 20, PARAGRAPH 1
Indonesia became a signatory to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women on 28 February 2000. Please indicate any progress made with respect to the ratification of, accession to, the Optional protocol. Please also indicate any progress made toward acceptance of the amendment to article 20, paragraph 1 of the Convention.
At present, Indonesia is still studying the possibility of ratifying of or accession to the Optional Protocol. During the adoption of the resolution A/RES/60/230 which relevant to the amendment to article 20, paragraph 1 of the Convention, Indonesia indicated her support to the resolution.
Note by the Secretariat: Annexes to the report will be made available to the Committee in the language in which they were received.