WOMEN SHOULD NOT BE DISPROPORTIONATELY AFFECTED BY INDONESIA'S ECONOMIC CRISIS, WOMEN'S ANTI-DISCRIMINATION EXPERTS STRESS

2 February 1998

Press Release
WOM/1022

WOMEN SHOULD NOT BE DISPROPORTIONATELY AFFECTED BY INDONESIA'S ECONOMIC CRISIS, WOMEN'S ANTI-DISCRIMINATION EXPERTS STRESS

19980202 Committee on Elimination of Discrimination against Women Concludes Discussion of Indonesia's Report, Calls for Polygamy-Free Society

Protecting women's rights must remain a priority as Indonesia deals with its current economic crisis, and the Government should ensure that any negative impact does not disproportionately affect women, an expert stressed this afternoon, as the Committee on the Elimination of Discrimination against Women concluded its consideration of that country's report on its compliance with the Convention on the Elimination of All Forms of Discrimination against Women.

Concern was expressed that the present crisis was already causing a deterioration of the status of women. The importance of implementing women's human rights at this time to ensure that the country did not neglect 50 per cent of its potential was also emphasized. Indonesia's political will to follow up on all the Committee's recommendations was questioned, and the Government was urged to accelerate the pace of action to improve the status of women.

There was cause for concern about reports of sexual coercion by the military and the police in East Timor, experts stated, noting the use of force by the military and the police to ensure women's use of contraception. Indonesia should address the reports of forceful removal of women from the streets and subjecting them to vaginal examinations, one expert said. While welcoming Indonesia's report, an expert noted that it contained contradictions and inconsistencies. Although the laws seemed to give women more rights, "some of the legal provisions seem downright discriminatory to women", she said, citing examples such as men's role as head of the family and the differences in the recommended ages for marriage for men and women.

In closing comments, the Chairperson of the Committee said Indonesian laws continued to discriminate against women workers and against married women. The Committee wanted to see faster progress in amending legislation in

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line with the Convention. Some laws seemed to reinforce the traditional stereotype of women, and the strict division of labour nullified the strides women had made by creating an invisible barrier for women in society. She also urged Indonesia, as the largest Moslem society, to become "polygamy- free", adding that polygamy remained a threat to women as long as Indonesia's laws did not prohibit it directly.

The Committee will meet again tomorrow, 3 February, to begin consideration of the combined second, third and fourth periodic reports of the Dominican Republic.

Committee Work Programme

The Committee on the Elimination of Discrimination against Women met this afternoon to continue its consideration of Indonesia's combined second and third reports under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women. That article provides for States parties to submit reports on legislative, judicial, administrative and other measures adopted to give effect to the provisions of the Convention. (For a summary of the report, see Press Release WOM/1021 of 2 February.)

Response of Indonesia

Continuing to respond to written questions submitted by experts on Indonesia's reports, WIDYASTUTI WIBISANA, Director for Community Action for Health, said that the permission of parents was required for single women over 18 years to engage in night work and permission from the husband of a married woman was required.

She said that the status of women had changed considerably in Indonesia, although the process had been very slow. There were still many socio-cultural values as well as misinterpretation of religious teaching that reduced the impact of the laws. However, the Government advocated equality between men and women, in accordance with the Convention. Measures to combat violations of the law included strengthening the legal apparatus, training lawyers on women's rights and imposing administrative sanctions to civil servants who violated the Convention's principles.

The lack of significant change in the attitudes towards women was due to the limited number of women occupying senior positions in the media, she said. The reform of school textbooks had been intensified, as one way of eliminating stereotypes. Furthermore, as a result of the intensive advocacy and training of teachers, school tasks were no longer divided according to gender. Statistics showed that the gender gap in scholastic performance had been drastically reduced, particularly at the primary school level, in view of the expanded compulsory education from six years in 1984 to nine years since 1994. Meanwhile, the Government sought to enlighten parents about the value to their daughters of learning about non-traditional subjects, such as science and technology.

Measures to eliminate violence against women included the recommendation to increase the punishment for rapists and other perpetrators to the maximum sentence, she said. Traffic in women and young girls occurred all over the world, including in Indonesia. It was believed that Indonesia was also affected by sex tourism. Given the spread of prostitution, particularly in the rapidly growing industrial areas, measures had been undertaken to reintegrate prostitutes into society. Those measures included programmes to

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rehabilitate prostitutes and provide vocational training. Regular medical check-ups and advocacy on safe sex were among the services offered to prostitutes to prevent the transmission of AIDS and other sexually transmitted diseases.

To a series of questions concerning equal rights to acquire, change or retain nationality, she said that there was no written regulation requiring the husband's permission for a wife's application for a passport. The permission required indicated a moral acknowledgement by the wife of the husband's existence. That practice, which was gradually diminishing, should not be perceived as discriminatory.

Next, she drew attention to the protection of women workers from abuse and exploitation by their employers. The State Ministry for the Role of Women and gender experts were involved in the preparation of the labour force act. Advocacy was aimed at inspiring the trade unions to take a more active role in protecting their workers, especially their women workers. Awareness of women's human rights was also being heightened among entrepreneurs and individual women. The State Ministry for the Role of Women was seriously concerned with the prevailing family allowance system in State companies. A review of those provisions was planned.

Measures to protect working women might have negative effects on their hiring, particularly due to the socio-cultural environment of Indonesia, she said. However, such measures needed to be undertaken in order to offset the serious concerns of the security of women who worked at night. In the event of a violation of their employment rights, women had recourse through the justice system, as well as through the Legal Consultation Agency. Theoretically, women could seek support from the trade unions, but the trade unions were not yet aware of gender equality in the context of such matters. Other measures to encourage the participation of male and female workers included the establishment of day care facilities in a number of government buildings.

The Government had undertaken several measures to reduce maternal mortality rates and infant mortality rates, she said. Those included the following: the establishment of rural clinics for childbirth; a national campaign on the care of mothers; a national immunization programme; the establishment of integrated health services and community health centres in each village; and the distribution of midwives in each village. Traditional midwives were trained in hygienic delivery and were regarded as partners of the medical doctors. Family planning programmes also targeted men, through vasectomy and the use of condoms.

WIEK WIBADSWO, Assistant to the Minister of State for the Role of Women, continued the Indonesian responses to questions posed by the Committee. He

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said that other government measures concerned women's access to credit, particularly poor rural women, especially if bank interest rates remained high. The State had also undertaken national programmes to reduce the enormous difficulties faced by rural women in obtaining access to land and credit and in gaining a role in decision making. In order to relieve the rural woman's burden of daily chores, some steps had been undertaken, including road improvement, transportation and electricity. Other steps involved a clean water supply near the village and the introduction of applied technology, such as grinders.

Efforts initiated by the State Ministry for the Role of Women in 1985 to amend the Marriage Act were still under discussion by the relevant ministries, he said. The amendments to the Labour Force Act were ratified in 1997 and would be effective in September 1998. In order to improve the situation of women in the family, the Government had launched an initiative on "harmonious equal partnership" between sexes. That approach advocated a dynamic condition of equal rights between men and women with respect to obligations, roles and opportunities, based on mutual respect and assistance.

The "harmonious equal partnership" also advocated development that integrated policies and strategies that promoted the role of women in various aspects and sectors, he said. Also, planning capacity of sectoral development based on a harmonious equal partnership between sexes needed to be improved.

There had been a declining trend towards divorce in recent years, he said. In the event of divorce, however, the husband paid alimony for the ex- wife and children. If the husband did not comply, the State did not have the right to take action unless the ex-wife sued him in court. The presence of both spouses was required at the time of divorce, and special officials from the Department of Religious Affairs were assigned to attempt a reconciliation between the spouses. A waiting period was imposed before divorced women could remarry, in part to determine whether a woman was expecting a child, in order to avoid the birth of an illegitimate child.

There was a trend towards abolishing polygamy, he said. That had been encouraged by denying a family allowance to the second wife. Heavy sanctions such as lowering the rank were strictly applied, particularly for civil servants in public services and the armed forces. Inheritance law was governed by civil code, Islamic code and customary law, and those were not the same for all communities. For example, a Moslem could choose between Islamic law and customary law. However, the Government had introduced a National Inheritance Law which bound each citizen.

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General Comments

While welcoming Indonesia's report and the additional information provided in response to the Committee's questions, one expert said the new information, however, raised further questions. She stressed that Indonesia's ratification of the Convention without "substantive reservations" meant that the Government had made a serious commitment to the treaty. Also it expressed its intention to amend legislation and to modify social and cultural norms in accordance with the Convention's provisions. However, there were contradictions and inconsistencies in the report concerning actions taken to comply with the Convention. She cited the admission that there was continued inequality in the country.

She asked what was specifically being done to amend the laws and to interpret the social norms in line with the Convention. There seemed to be both de jure and de facto discrimination, which was disturbing. "Some of the legal provisions seem downright discriminatory to women" such as the reference to the man as the head of the family and the implications of that on health and education. The differences in the recommended ages for marriage were also discriminatory. The existing legal provisions reflected serious problems in view of the existence of constitutional laws alongside Islamic laws, which were contradictory. How were those contradictions resolved? she asked. Referring to the option of Moslems to be judged under one type of law or another, she asked who used the option -- the husband or other family members. Was there a choice of being judged under either law?

On the issue of eliminating stereotyping of the roles of men and women, she sought information on the concept of "harmonious equal partnership" between men and women. How was it interpreted by women and men. The concept seemed to incorporate cultural stereotypes as far as women's role was concerned. She also asked about the staff of the women's studies centres, including whether they were formally trained in women's studies and adequately informed of women's rights and the Convention.

An expert said Indonesia needed to address further its labour laws that were very paternalistic, especially in the case where women needed to get permission from their husbands before they could take night jobs. There were also problems in the practice of polygamy, which was still legal in Indonesia. It also seemed that women were not allowed to own land, which was key to granting equal treatment to women on all levels.

She added that there was insufficient data on violence against women on the report. In all cases, there should be very specific information on violence -- its causes, magnitude and extent. Violence impacted on women's fundamental rights in all cases, and without any data it was difficult for the Committee to offer recommendations on improving the situation of women. There

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had been reports of violence perpetrated against women in Indonesia, including reports of torture and detainment of women by military authorities. There should be a systematic and sustained reporting system on violence against women implemented in Indonesia to improve the amount and quality of information on that issue, she stressed.

Another expert asked why the report stated that women enjoy the same rights as men as human resources for development. She asked why there was a need for that qualifier in that statement. On the laws dealing with prostitution, it appeared that prostitution was illegal for women who committed the act out of need, but it was allowed if prostitution was committed for other reasons. That was a contradiction that should be cleared up.

On elections to public office, the same expert said the government should take steps to promote political education for women at an early age to trigger greater interest in politics. On nationality, she asked why women needed to attain permission from their husbands to secure a passport. If that law did not apply equally to husbands, then it was truly discriminatory. On family planning measures, it appeared that those efforts were focused only on women and they should also be targeted at men.

Taking up the issue of health, another expert said the present report, when compared with the initial report prepared in 1988, did not show any progress in areas such as reduction of the rate of maternal mortality. That was still a matter of grave concern for women's health, as was the continued high rate of anaemia among pregnant women. Also of concern were reports of the degrees of coercion regarding women's reproductive health. The success of the goals of contraception programmes raised questions about how the goals were attained and if women had a choice in family planning methods.

There was also cause for concern about recurring reports of members of the military and the police force forcing women to accept certain methods of contraception even to the extent of using physical force to insert intrauterine devices, the expert said. The need for a wife to obtain a husband's consent for irreversible sterilization was in violation of the Convention's provisions. There was similar concern about the right to life- saving abortions. How can a husband or another family member veto an abortion to save a woman's life? she asked.

Reports of sexual coercion by the military and the police in East Timor were of grave concern, she said. The report presented today provided little information on HIV/AIDS in Indonesia. There was need for sex disaggregated data on the spread of the disease and to determine if it had increased among women. Neither did the report mention sex education for adolescents. Attributing AIDS to women prostitutes, as implied in the report, was a

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simplistic way of looking at HIV/AIDS. Women prostitutes were not to be blamed for the incidence of AIDS in any society, she stressed. In fact, the spread should be attributed to men who also spread the disease among their lawful spouses. She also expressed concern about reports of forceful removal of women from the streets and subjecting them to vaginal examinations. That issue should be reported on in the next report, she added.

Another expert praised a number of developments in Indonesia to promote the advancement of women, including the creation of women studies centres. However, while such progress was welcome and in line with the Convention, a more in-depth look showed that the changes were not taking place as effectively and as fast as they should be. As the Government had recognized, great obstacles, such as the traditional norms and social and cultural practices, still existed and seemed to arise from the premise of women in roles of mothers and wives. Women would continue to lag behind because of the continued separation of women and men, which was typical in societies in east Asia.

It was clear that the premise was still strongly rooted in Indonesia and was reflected in the relationships within the family as well as in textbooks, which still continued to reinforce traditional gender roles and patriarchal values, she said. Statistics on school attendance showed the bias towards education of males, including at the university level. Other areas showing limited advancement of women included those relating to political participation, trade unions, the media, and many areas of work, where women were largely employed in the informal sector outside of the government labour legislation.

She asked about the definition of women's role in Indonesia in light of the increase in female-headed households. "What will we do with them if we stick to the traditional role of women and men?" She asked further about the current economic situation in the country and its impact on women. To what extent were non-governmental organizations consulted by the Government and allowed to participate in the preparation of the report. She emphasized the need for the Government to reconcile the aims of the Convention and the existing social and cultural norms to attain its full implementation at a faster pace. Change did not have to be a slow and gradual process, she said.

Another expert said the Indonesian Government seemed to be creating a society where there were not only differences between men and women but also between classes. Especially in the area of education, the State seemed to favour the wealthy while the poor received education only if they qualified academically. The report should elaborate on what requirements were needed to obtain free education. Although progress had been achieved on education, what were the differences in the cities and rural areas, she asked. The report should also include complete statistics on illiteracy and it should detail

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what rights minority ethnic groups had to education, what language did they speak in schools and what rights minorities had in preserving their cultural inheritance.

Another expert questioned Indonesia's political will to follow up on all the Committee's recommendations and its own programmes. Bodies protecting women's rights had existed for some time and there should be more laws and amendments to improve the status of women. There should be somewhat quicker action on the implementation of reform than the Committee had seen so far. With the recent economic crisis hitting Indonesia, the status of women could already be deteriorating. Despite financial constraints, the Government should not, in this moment of crisis, ignore the implementation of women's human rights. It was especially important, because if Indonesia did not adequately utilize its women, then it was not utilizing 50 per cent of its potential. The Government should ensure that the economic impact was not more negative on women than on men.

On the cultural values in Indonesia, she said the Committee could not allow cultural characteristics and norms to undermine the principle of universality of women's rights. Some traditional values and religious principles represented fundamental impediments to the implementation of the Convention. Indonesia should examine whether there was really a core value hindering women's human rights or whether those restrictions were the result of patriarchal or historical additions separate from the real core value. The basic core values of Indonesia were not in contradiction to human rights principles; the layers of patriarchy added to it were restricting rights.

Further Responses by Indonesia

In response to the expert comments, WIEK WIBADSWO, Assistant to the Minister of State for the Role of Women, said the questions and comments on the report would be thoroughly considered. In general, the people of Indonesia, and especially women's organizations, had taken many conceptual and concrete steps in order to implement the Convention. His Government realized, however, that there remained many problems involving the status of women. One way to address those problems was to develop social acceptance of equal partnerships between men and women to harmonize relations between them. The Indonesian President had given great attention to the elimination of all forms of discrimination against women and had implemented policies that promoted equal relations.

He added that the Committee's questions that were technical in nature would be discussed in a national working group in Indonesia, and the results of those discussions would be incorporated into the next report. Those questions were useful as an input for Indonesia's implementation of the Convention.

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Closing Remarks by Chairperson

In her closing comments, SALMA KHAN, expert from Bangladesh and Chairperson of the Committee, said the Office of State for the Role of Women had created a conducive environment for implementing women's rights. However, in its 18 years of existence, there should have been more policies and reforms implemented. Indonesian laws continued to discriminate against women workers and against married women, and the Committee would have preferred to see those changes made sooner. Some laws seemed to reinforce the traditional stereotype of women, and the strong division of labour in many ways nullified the strides women had made and it had created an invisible barrier for women in society.

She said she was impressed by the population planning programme as well as by improvements in the areas of education, literacy and maternal health. But there were many opportunities to expand the role of women, such as having more women in political decision-making positions and in business. Another area where Indonesia could improve was in its marriage laws, which still allowed polygamy. She urged Indonesia, as the largest Moslem society, to become polygamy-free. Polygamy remained a threat to women as long as Indonesia's laws did not prohibit it directly.

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