Selasa, 01 April 2014

Presidential Decree No.18 Year 2014, Protection of Women in Conflict Area


March 7, 2014, The President of Republic of Indonesia has agreed to pass The Presidential Decree (PerPres) No. 18 Year 2014 on the protection of women and children during instances of civil conflict. The decree contains of two major interventions; Firstly, protection of women and children which relates prevention to conflict occurred, protection of women and girls' rights, handling social conflict and violence, including treatment for victim or survivor of violent conflict. Secondly,  Empowerment that refers to efforts to strengthen human's rights, quality of life women and girs' affected by conflict and increasing women and girls' participation in peacebuilding. 

Unlike other UNSCR 1325 National Action Plan, The PrePres No. 18 Year 2014 shows  uniqueness  in term  of list of considerations that may not be found in other cases, which UNSCR 1325 is not placed as the only core regulation to support the development of NAP on women, peace and security in Indonesia. There are three relevant and more acceptable laws that take into consideration as core law to justify WPS NAP in Indonesia. UU No. 7 Year 1984 regarding ratification of Convention to Eliminate All Form of Violence Against Women, UU No. 39 Year 1999 regarding ratification of Human Rights Declaration and UU No. 7 Year 2012 about  Social Conflict Management are three most relevant laws to be considered as considerations on the decree. The reason was because Minister of Foreign Affair had different perspective on  UNSCR 1325 which is not applicable for Indonesia context as relatively peaceful country. It was tough discussion during Regular Working Group Meeting on 1325 NAP two years back, resulting difficult negotiation between The Minister of Women's Empowerment and Children Protection and Ministry of Foreign Affair that hindering the process of approval among Ministries level. Instead of debating the reference, we focus on the substance of the decree, which reflects the whole content of UNSCR 1325 where element of prevention, protection, empowerment and participation of women in conflict reconciliation and peacebuilding. Eventually, negotiation met agreement to use national laws which are more close to the substance of the decree and as strongly connection with UU No. 7 Year 2012 on Social Conflict Management. 

The second uniqueness of the decree, it has element of children. The reason to add children as part of inseparable element of the decree, because technically children are under framework of Ministry of Women's Empowerment and Children Protection,  so it is easier for government bodies to take it into consideration as it also integrated into all program of ministries. In addition, it is also the need of local Indonesia to include children as part of the concern on Women, Peace and Security because in real intervention women and children are most vulnerable to violent conflict and mostly overlooked from the process of peacebuilding because they are considered as passive victim. 

Above of "deviation" of the 1325 NAP, I believe that  local context must be taken into primary consideration in bringing down international agenda on Women, Peace and Security. There is no single interpretation of UNSCR 1325 to be implemented into national level in the form of stand alone action plan or integrated to other existing national action plan, because the national level will play important roles in implementing the agenda on 1325. In the near future, civil societies in different backgrounds and ministries must hand in hand in implementing the program of protection and empowerment of women and children in conflict area. To overcome the challenge on integrating the agenda into government agenda, civil societies should be part of institutions having responsibility to assist and monitor the implementation of  NAP in district, provincial and national level. International support is also needed. ***










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