Aceh Involvement Of Women

The Aceh Peace Process Involvement of Women 

The Aceh Peace Process Involvement of Women





August 2006 A brief study based on interviews on women’s involvement in the peace process and Recommendations to the parties of the Peace Agreement i.e. the Government of Indonesia and the Free Aceh Movement (GAM)

A report by Crisis Management Initiative In collaboration with United Nations Development Fund for Women (UNIFEM) and Center for Community Development and Education (CCDE)



Executive Summary

Contents

With signing of the Memorandum of Understanding on 15 August 2005 in Helsinki, Aceh has a chance to create a fair, just and equal society after decades-long conflict. Parties to this agreement - the Government of Indonesia and the Free Aceh Movement - have been implementing its clauses with commitment, receiving praise from international community.

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As men have been visible in the peace process, the Crisis Management Initiative CMI was interested in establishing the status of women’s involvement and their participation in developing the society and its governance. CMI, in collaboration with the United Nations Development Fund for Women UNIFEM and the Center for Community Development and Education CCDE interviewed representatives of the Indonesian government, GAM leadership, Aceh Monitoring Mission, international organisations and, most importantly, Acehnese women and women’s organisations to establish the status of women’s involvement in the peace process so far, and to provide recommendations to the Peace Agreement parties on enhancing women’s participation in decision-making processes. The report found that women’s participation in the peace process has thus far been limited. It was underlined that strengthening women’s involvement and listening to their views and opinions will vastly benefit Aceh. First of all, it will strengthen the process of building a society that can rely on peace. The “peace enhancing” potential of women, seen to be the most neutral party to the conflict, has not yet been utilised. Involving women will strengthen the economy, by benefiting from the capacity and skills of more than half of the population. Involving women is necessary if the process is to be democratic – especially considering that women make up the majority of the Acehnese people. Both GAM and the government representatives confirmed in interviews that they wish that women were involved in implementing the Peace Agreement. The report recommends that the Peace Agreement parties should establish regular contacts with women’s organisations. They should also make special efforts and provide sufficient resources to facilitate women’s participation in the peace process more effectively. The parties need to make it publicly evident and that they want women to be involved. GAM and the government should also request that their external partners pay attention to women’s participation.

Executive Summary Introduction

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I Reading the Memorandum of Understanding

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Constitution in the Unitary State of the Republic of Indonesia Fair and Democratic Process Peaceful, Comprehensive and Sustainable Solution Creating Conditions for a Fair and Democratic Process

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II Towards a Solution with Dignity for All

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III Government recognises the role of women in the peace process

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IV Expert Assessment on Women’s Involvement in the Aceh Peace Process by UNIFEM

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V Conclusions and Recommendations

Peace brings freedom Women were only marginally involved in the peace process Women established a network Women were hardly heard in developing the LoGA Organisations do not seem to have many resources to support women Women would like to be heard and to make decisions Women make Aceh more peaceful and more prosperous

Ministry for Political and Security Affairs (Polkam) Ministry for Foreign Affairs, Directorate for Human Rights and Humanitarian Affairs The Governor’s office



Abbreviations



AMM Aceh Monitoring Mission BRA Badan Reintegrasi Aceh; Aceh Reintegration Agency CCDE Center for Community Development and Education CEDAW Convention on the Elimination of All Forms of Discrimination against Women COHA Cessation of Hostilities Agreement CMI Crisis Management Initiative Flower Aceh Organisation for Woman Activities for Rural Progress GAM Gerakan Aceh Merdeka; Free Aceh Movement GoI Government of Indonesia JPUD Jaringan Perempuan untuk Damai; Women’s Peace Network JPUK Jaringan Perempuan untuk Kebijakan; Women’s Policy Network JPKK Jaringan Perempuan Korban Kebijakan; Women’s Network for Victims of Policies KOMNAS Perempuan National Commission on Violence against Women LoGA Law on Governing Aceh MISPI Mitra Sejati Perempuan Indonesia; Indonesian Women’s Partnership MoU Memorandum of Understanding RPUK UNDP UNIFEM

Relawan Perempuan untuk Kemanusiaan; Women Volunteers for Humanity United Nations Development Programme United Nations Development Fund for Women

“The peace MOU that we just signed is the best and most effective vehicle to embody our dream, a dream to sail together in the same boat. A dream to reside together on the same land and soil, so let’s start the new journey, sailing together and living together on the same land, brothers and sisters.” Minister Hamid Awaludin, Minister of Justice and Human Rights of the Government of Indonesia, at the signing ceremony in Helsinki, 15 August 2005.

“There has been no peace in Acheh because there has been no justice in Acheh. What we hope we have achieved with the signing of this peace agreement is the beginning of a process that will bring justice to the people of Acheh. Justice means ensuring that the people have a voice and that they are listened to and their wishes are followed. This means the creation of a political system that encourages freedom of speech, many opinions, and the ability to fully participate in and be represented by that process. That is, ladies and gentlemen, the only way to ensure peace in Acheh is through the implementation of a genuine democracy.” Mr. Malik Mahmoud, of the GAM leadership, at the signing ceremony in Helsinki, 15 August 2005.



Introduction As reflected in the speeches of the two signatories to the Aceh Peace Agreement in Helsinki on 15 August 2005, Aceh has a chance to create a fair, just and equal society – a society where its members can trust that they have a voice. Crisis Management Initiative CMI and its Chairman, President Martti Ahti-



saari, facilitated talks between the Government of Indonesia and the Free Aceh Movement (GAM) to search for common ground to end the decades-long conflict in Aceh. The agreement, known as the Memorandum of Understanding or MoU, outlined the promulgation of a new law for the governing of Aceh, rights to political participation by all Acehnese residents, decision making power on the economy, the granting of amnesty to GAM members and political prisoners, the reintegration into society of former combatants, the establishment of a human rights court and a truth and reconciliation commission for Aceh, and the establishment of an Aceh Monitoring Mission (AMM) by European and ASEAN contributing countries to monitor the implementation of the agreement. The parties have remained faithful to the spirit of the MoU and have implemented its clauses with commitment. The international community has generally been very impressed by the progress made. The commitment to peace by both parties has been remarkable and has supported the atmosphere of trust. As men have been visible in the Aceh peace process, CMI was interested in establishing the status of women’s involvement and their participation in developing the society and its governance. The questions CMI wanted to answer included: What is the level of women’s involvement and how far are women’s views are taken into account? Are the structures that are currently being created as a result of the MOU such that they provide equal opportunities to men and women? Experiences and research prove that peace processes benefit from the involvement of women. It strengthens the implementation of a peace agreement and ensures larger support to changes that will affect the everyday lives of people. ‘Women’s involvement in the implementation of the MoU’, refers to the contributions made by women and women’s organizations, or their attempts to contribute, to implement the provisions of the MoU and, more specifically, to translate the provisions into practice. CMI visited Aceh and Jakarta from 19-26 March 2006 to meet with people involved in deciding on, implementing and monitoring the peace process, including women’s organisations, the government of Indonesia, GAM, AMM, and inter-

national actors, and to hear the views and plans related to the future implementation of the peace process. The Center for Community Development and Education (CCDE), an Acehnese non-governmental organisation, worked with CMI in creating links with women’s groups and women in the field, and participated in most of the meetings. UNIFEM, with decades long extensive experience in involving women in processes in societies, carried out an expert assessment on women’s involvement in the Aceh Peace Process. The government of Norway supports CMI both financially and substantively in this task of establishing the status of and strengthening women’s involvement in the peace process in Aceh.



I Reading the Memorandum of Understanding - Background thinking from international experience The MoU promises that: “The Government of Indonesia and the Free Aceh Movement confirm their commitment to a peaceful, comprehensive and sustainable solution to the conflict in Aceh with dignity for all. The parties commit themselves to creating conditions within which the government of the Acehnese people can be manifested through a fair and democratic process within the unitary state and constitution of the Republic of Indonesia.” For any process in Aceh to be democratic and fair, it must include women and men alike. The majority of the Acehnese are women, according to information from the Governor’s office. The parties to the peace agreement have pledged that they will not undertake any action inconsistent with the letter or spirit of the Memorandum of Understanding. This can only materialise if women are involved in decision-making processes concerning the future of Aceh.

Constitution in the Unitary State of the Republic of Indonesia - International legislation and policies related to women’s participation 10

The Convention on the Elimination of All Forms of Discrimination Against Women- CEDAW (1979) provides a framework for national debates and advocacy for gender equality. It is a legally binding international convention on the rights of women in all fields. Indonesia signed it on 29 July 1980 and ratified it on 13 September 1984. The Fourth World Conference on Women in Beijing in 1995 raised the importance of women’s role in peace and development. Mrs. Mien Sugandhi, State Minister for the Role of Women made a statement in this meeting on behalf of Indonesia: “Speaking as a national delegation, we are of the view that the three objectives of the conference namely Equality, Development and Peace are mutually supportive and interdependent. Empowerment of women is imperative to achieve those objectives. We also believe that the empowerment of women requires an enabling environment at community, national, regional as well as international levels encompassing cultural, economic, political and social spheres. (…) Obviously, there will be no advancement of women without development and no development without full and equal participation of women and men.” The United Nations General Assembly adopted UN Security Council resolution 1325 in 2000. This resolution highlights the role of women in prevention and resolution of conflicts and in peace- building, and stresses the importance of

their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security. It confirms the need to increase women’s role in decision-making with regard to conflict prevention and resolution. The Security Council confirmed the need to implement fully international humanitarian and human rights laws that protect the rights of women and girls during and after conflicts. The Government of Indonesia committed itself to implementing this resolution in October 2000.

Fair and Democratic Process - lessons about creating a post-conflict society The period of transition after a conflict provides an opportunity to create a democratic and equal society. The 2002 Human Development Report (UNDP) suggests that key features of such a society include the following: a system of representation, with well-functioning political parties and special interest associations; an electoral system that guarantees free and fair elections, as well as universal suffrage; a system of checks and balances, based on the separation of powers with independent judicial and legislative branches; a vibrant civil society, able to monitor government and private businesses and provide alternative forms of political participation; a free, independent media; and an effective civilian control over the military and other security forces. Countries can promote human development for all only when they have governance systems that are fully accountable to all people—and when all people can participate in the debates and decisions that shape their lives and urges the peacemakers to recognize that long, deadly civil conflicts completely transform societies — whether through the displacement of local populations, destruction of infrastructure or upheaval of traditional family and social networks. In war-torn societies women have often transcended their traditional gender roles in terms of family, work and community. The Human Development Report asks the peace negotiations and local leaders to take these radically changed realities into account. “Giving a greater voice to previously marginalized groups is not only morally right, it is also practical.” 1 In Aceh, in addition to the conflict, the tsunami has dramatically changed family and social networks, and forced people to adopt roles unfamiliar to them before. It is unlikely that the Acehnese, and especially the Acehnese women, would return to their roles and lives as before the tsunami. 1 | Women, Peace and Security Study submitted by the Secretary-General pursuant to Security Council resolution 1325 (2000), United Nations 2002.

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The 2002 Human Development Report acknowledges that “ending a war can be as destabilising as war itself, and it is impossible to democratise political decision-making immediately. But there needs to be as much openness and participation as possible for peace and true reconciliation to take root—and for strengthening civil society and democratically minded parts of the population.” 2

Peaceful, Comprehensive and Sustainable Solution - women’s participation brings benefits

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A decision-making process is legitimate if it is inclusive. The Securing the Peace document (UNIFEM October 2005) stresses the importance of a broad base of participation to make sustainable peace and development possible. It argues that sustainable peace is contingent on community-based involvement and ownership of the peace process and that support for women’s participation in peace building contributes to a society’s efforts to recover from violent conflict.3 In war, women are activists, caretakers, providers and survivors. If women’s groups on the ground in conflict areas are strengthened, they are better equipped to provide communities hope, reaching out across barriers of identity, including clan, ethnicity, religion, and political affiliation and helping people to transcend these. They break the lines along which groups organize and mobilize for war against each other.4 Involving women brings many benefits to the peace process. Women informally monitor the implementation of the peace agreement through local networks and activities. For example, in Bougainville in 1998, women returned from the peace talks to their communities and were reportedly the only leaders to initiate an information campaign for the public to comprehend the decisions of the peace accord and the next steps in its implementation. Women can be an important ally in monitoring efforts, and steps must be taken to support and guarantee their participation.5 The late Sergio Vieira de Mello, UN High Commissioner for Human Rights and former head of the UN effort in Timor-Leste, stressed the remarkable impact that promoting the participation of women can have in peace building and development. He demanded increased attention to the implementation of Security Council resolution 1325, and particularly to the right of women to participate both in decision-making and in human rights activities. Women are a factor of 2 | Human Development Report 2002, UNDP, New York 2002. 3 | SECURING THE PEACE Guiding the International Community towards Women’s Effective Participation throughout Peace Processes – UNIFEM October 2005. 4 | Statement by Noeleen Heyzer, giving the Dag Hammarskold lecture in Sweden in 2004. 5 | SECURING THE PEACE Guiding the International Community towards Women’s Effective Participation throughout Peace Processes – UNIFEM October 2005.

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stability and reconciliation; their contribution can improve the quality of decisions and thus the effectiveness of recovery efforts. At the UN Commission on the Status of Women in New York on 7 March 2003 he said: “above all, we promote women’s participation because women have an equal right to be involved in all decisions and because their input brings value added to all decisions.” UN Secretary General Kofi Annan has said that no other policy is more likely to raise economic productivity, or to reduce infant and maternal mortality than the empowerment of women. No other policy is as sure to improve nutrition and promote health, including the prevention of HIV/AIDS. No other policy is as powerful in increasing the chances of education for the next generation. And no policy is more important in preventing conflict, or in achieving reconciliation after a conflict has ended. Evidence also suggests that women’s interests often differ from men’s and, that woman who participate directly in decision-making bodies press for different priorities than men. Women are important agents for change. Their perspectives, experience and active involvement are, therefore, an essential part of a peace-building process.

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The World Economic Forum study on “Women’s Empowerment: Measuring the Global Gender Gap” (2005) confirms Kofi Annan’s statement as related to economic issues. The study concludes that countries that do not fully take advantage of one half of the talent in their population – that of women – are misallocating their human resources. At the Helsinki Conference in September 2005, Claros-Lopez, Chief Economist of the World Economic Forum, said that the countries where women’s participation is highest also tend to have the best economic performance. The Securing the Peace document published by UNIFEM6 lists the benefits of involving women in the peace process and how women’s participation can improve the maintenance of peace: - Women’s organizations persistently advocate for peace. - Women often build a foundation for peace negotiations. - Women can build ties among opposing factions. - Women can increase the inclusiveness, transparency and sustainability of the peace process. - Women often complement official peace-building efforts. - Women can foster reconciliation and provide an example for moving society forward. - Women often work to sustain the peace agreement at all levels.

Creating Conditions for a Fair and Democratic Process - considerations on methods for involving women In 2002 the UN Security Council encouraged UN member states to recognise the vital role of women in promoting peace, particularly in preserving social order and educating for peace. The Council encouraged its Member States and the Secretary-General to establish regular contacts with local women’s groups and networks in order to utilize their knowledge of both the impact of armed conflict on women and girls, including as victims and ex-combatants, and of peacekeeping operations, to ensure that those groups are actively involved in reconstruction processes, particularly at decision-making levels.7 The Security Council encouraged the member countries to develop clear strategies and action plans with goals and timetables, on the integration of gender perspectives in humanitarian operations, rehabilitation and reconstruction programmes, including monitoring mechanisms, and also to develop targeted activities, focused on the specific constraints facing women and girls in post-con6 | SECURING THE PEACE Guiding the International Community towards Women’s Effective Participation throughout Peace Processes – UNIFEM October 2005. 7 | The UN Security Council Presidential Statement, 31 October 2002.

flict situations, such as their lack of land and property rights and access to and control over economic resources.8 Women’s full and equal and meaningful participation must be promoted at all levels of policy and decision-making, including in public service in the implementation of the peace agreement and subsequently in the post-conflict state. The institutionalization of democratic processes is supportive of this goal. Building on the peace agreement, the steps to achieve this need to include: • Adoption of proactive special measures targeted at women to ensure their full and equal participation at all levels of policy and decision-making. • Presentation of women as candidates for elected positions, including in local, regional and national level elections. • Provision of financial support and resources for women candidates, including for leadership training, capacity building, including by bilateral and multilateral donors and NGOs. • Inclusion, in legislation or terms of reference governing electoral funds, of explicit provisions to ensure to women full and equal access to such resources.9 The ultimate responsibility for implementing a peace agreement lies with its signatories. The international community, however, also has a role to play in maintaining gender issues at the forefront of their work, in accordance with internationally agreed-upon norms and standards. Their efforts should support women’s organizations by establishing specific mechanisms and/or special measures, as called for by CEDAW and Security Council resolution 1325 (2000), to guarantee women’s full involvement throughout the implementation phase. Such mechanisms can be realized via constitutional, judicial, legislative and electoral reforms and by bodies established specifically to monitor the implementation of the accords. Moreover, key facets of the agreement, such as a timeframe for implementation and the distribution of funds for reconstruction, must make explicit reference to gender issues. The international community can back the implementation process through training, gender-sensitive resource allocation, support to women’s organizations and capacity building.10

8 | idem. 9 | The Expert Group Meeting on peace agreements as a mean for promoting gender equality and ensuring participation of women (December 2003). 10 | SECURING THE PEACE Guiding the International Community towards Women’s Effective Participation throughout Peace Processes – UNIFEM October 2005.

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Women in Aceh have been active and done part of the “homework” for the signatories of the MoU. The workshop on: “Enhancement of Women’s NGOs” that was held on 15 February-19 February 2006 in Banda Aceh outlined the expected outputs as follows: • The existence of a network of women’s organisations that understand women’s issues • Plans for regular meetings and improved communications • The initiation of dialogue between women’s groups and key stakeholders in the peace process • Improved understanding of the MoU and peace process so far among women’s NGOs • Enhanced capacity of women’s NGOs to educate their beneficary populations about the peace process and solicit information about women’s needs

The Second All Acehnese Women’s Congress (Duek Pakat Inong Aceh II), in June 2005 gathered more than 400 women representatives from all 21 districts of Aceh urging the Government of Indonesia and the GAM, inter alia, to “ensure the participation of women in the Aceh peace process through a non-violent and democratic approach.”11 The congress also led to a recommendation to establish women’s spaces – known locally as balai inong - to permit women to participate more in political, social, economic and cultural decision-making.12 UNIFEM provided support for convening the congress and has also adopted this recommendation, which is expected to contribute towards consolidating the peace process. The Women’s Policy Network The Women’s Policy Network JPUK has made efforts to enhance women’s involvement in drafting the LoGA. JPUK has organised a focus group discussion of women activists to review the first draft LoGA, carried out advocacy to promote a gendered understanding of the draft LoGA and assisted women activists’ lobbying efforts in both Banda Aceh and Jakarta. UNIFEM has provided technical and financial assistance to this work through the local women’s organization Mitra Sejati Perempuan Indonesia (MISPI). Apart from direct advocacy support to retaining gender provision in LoGa, UNIFEM is also liaising with the local media to support Women’s Policy Network’s advocacy efforts to understand women’s aspirations regarding the LoGA, and to publicize women’s involvement in it. On 12 june 2006 Acehnese women activists declared the Aceh Inong League (Lina) in Banda Aceh. The league was established to accommodate political aspirations of Acehnese women. According to press statements, the league aims at encouraging women’s participation in politics and at building the capacity by providing training on practical and political skills to develop economic empowerment. The aim is also to restore the dignity of Acehnese women to what it was before the conflict and to promote women’s self-esteem, reminding people that Acehnese women were queens and leaders.13

11 | UNIFEM, “Women’s Voices in Aceh Reconstruction: the Second All-Acehnese Women’s Congress”, pp.12. 12 | UNIFEM Aceh, “Programme Summary Report”, December 2005, pp.2. 13 | “Women’s political forum created in Aceh”, an article in Tempo Interactive on 13 June 2006.

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II Towards a Solution with Dignity for All - The Peace Process as seen by women in Aceh The following text is a direct translation of views, opinions, wishes and suggestions provided by Acehnese women and women’s organisations in interviews that CMI carried out together with CCDE. CMI and CCDE met with representatives from eight women’s organisations as well as with women from the field. Altogether about 50 people participated in discussions with CMI during the visit to Aceh from 19 to 23 March 2006. Women and women’s organisations were promised that their names will not be revealed in this report to enable people to express their views and wishes more openly. Views from GAM are also included in this section.

Peace brings freedom

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All the women and women’s organisations CMI met in Aceh said that maintaining peace and making it long-lasting is a top priority for them. They also confirmed that the same view is shared by the numerous women they work with in all parts of Aceh Province. Women feel that with peace in Aceh they can have freedom again: freedom to farm, to do business, to work and to travel. They are looking forward to having more opportunities to express themselves freely in the process of developing a peaceful Aceh. They wish to participate more in decision making, especially in issues such as education or health. Despite their positive attitude, women in Aceh said that they are worried about peace. They feel they do not get enough information, and they are not involved in processes related to peace. This reminds people of the bad experience they had when the Cessation of Hostilities Agreement (COHA) made in 2002 did not hold, and the conflict worsened in 2003. Some women expressed concern that developments in the peace process seem to benefit some people more than others, and women are not among beneficiaries – even former female GAM combatants do not benefit from the process.

Women were only marginally involved in the peace process Women and women’s groups said that barring some activists and academics they were not involved in the peace process. Women interviewed described that in Aceh today most men and women think that it is not “a woman’s business” to participate in discussions and decision making on issues related to society or politics. This is the reason why GAM has also found it difficult to involve women.

Women’s organisations confirm that based on their discussions in the province, women from different backgrounds and environments would still like to be heard. Women would like to influence policies. After the Peace Agreement was signed between the Government and GAM, activist women have made attempts to have women’s voices heard in processes like law development or distribution of donor assistance.

Women established a network Women said that the main forum for their views on the peace process has been the Women’s Peace Network that was established in December 2005 with the purpose of women’s groups working together more closely, for women to get more information about the peace process and to be better heard in the peace process, and above all, to support development of permanent peace in Aceh. It includes 26 organisations. The network wishes to study what women know about peace and what their understanding of the MoU is, as well as to find out how peace impacts the community, and what is the capacity, potential and needs of women. There is a plan to give the results of the survey to the AMM. The network also aims at socialising the MoU, at developing an understanding of community rights, at strengthening and improving women’s participation in the peace building strategy, and developing outreach materials targeted at women for improving the capacity of women in the decision making process.

Women were hardly heard in developing the LoGA Women told that only two women participated in the process of drafting the Law on Governance of Aceh – the work supported by UNIFEM. These two individuals also take part in the work of the above-mentioned network. Women said that based on consultations with women’s organisations, they proposed a list of 15 issues that should be included in the LoGA. Six out of these 15 issues were taken into account in the draft that was sent to Jakarta, the remaining 9 issues were left out. Women’s groups discussed the law and gave examples on how some issues could work. UNIFEM organised a meeting to discuss women’s participation in drafting the law. Women’s groups reported that UNIFEM has promised to help women’s efforts in the future to have their opinions taken into account in LoGA. Since the LoGA was submitted to Parliament, activist women have met with the Parliamentary Committee on the Law on Governing Aceh for the purpose of

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getting women’s views reflected in the law. Activist women have also written to local newspapers to highlight their opinions and wishes. Women have a common agreement on the need for specific laws that take women and children into account. Women assured that they will continue monitoring the preparation and consequent implementation of the law closely. Now that Sharia law is included in the draft version of the law, women and women’s organisations are worried that it will seriously limit freedom of women. Women don’t want to criticise Sharia law in public as they are afraid that they would be seen as disrespectful to the Islam. Women stress that Sharia law is not necessarily bad but it allows many interpretations, and judgements are not always fair. Women said that they feel that people are not equal in front of the law and that they have experiences and examples that support this fear. Women are afraid that especially religious leaders can make unpredictable judgments on women.

Organisations do not seem to have many resources to support women

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AMM, which has the mandate to monitor the implementation of the peace agreement, reckons that there has not been enough support to women’s groups and there have not been sufficient efforts to ensure that women are involved in the process. Due to resource limitations, AMM does not pay special attention to women’s participation in the peace process. AMM has worked to encourage different organisations to go public with their opinions and views, including women’s organisations. There was also feedback from the interviews with some women that they do not have access to information and their views are not heard. The Ministry of Women’s Empowerment, which has the mandate for women’s issues in the Government of Indonesia, does consult women activists for their views. However, women felt that this consultation should extend to all women-stakeholders, for “ordinary” women to have their opinions heard. The Governor’s office has a bureau for Women’s Empowerment as well as a gender working group. This was seen to be a good practice. Limited resources, however, were seen to be a constraint for the Bureau. This should be addressed in order for the bureau to translate the data collected into tangible improvements to women’s empowerment.

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Women would like to be heard and to make decisions All women interviewed said that they wish that their lives would become better in Aceh. At the same time, they realise that many things remain gender biased. For example, women feel that relief is distributed unequally, and that both the government and the international organisations prioritise men. Acehnese women wish that they would be invited to talk about the law, and that they would have means and methods and platforms to express their views so that they can be taken into account. Village meetings should involve women as well. It is important to create a space where women are comfortable to speak. Many of those interviewed reiterated that the majority of people affected by the conflict are women. Also, the majority of the people displaced because of the conflict are women. Internally displaced women have considerable challenges to overcome: they have been in camps for many years. They have lost their houses, land and other property. They have lost their rights. They are discriminated against. They have noticed that they don’t get relief like other people do. Women’s groups feel that displaced women cannot be involved now – other women need to struggle for them too.

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Women also said that they see the land ownership as an important question. In marriages, land certificates are solely in male names. There are hardly any women who have land certificates in their names. All women’s organisations confirmed that the understanding and information on the Peace Agreement has not reached the majority of women so far. The socialisation of the MoU must adopt new strategies to reach women. It was suggested that to better understand the MoU, GAM and the military need to sit together in villages and create a “real, concrete MoU”, for example by personally making the promise not to continue fighting and terror anymore, and by explicitly apologising about what happened during the conflict. Women said that this process would not need much money – it needs real people to make a real commitment. A top priority for women is to maintain peace. Women confirmed that people don’t want to be bitter about the past, but to get on with their lives in a peaceful Aceh. All interviewees confirmed that women want and need information, training and encouragement to participate in meetings and in decision-making on the future of Aceh. Both GAM and the government agreed that women’s active participation in implementing the Peace Agreement is highly recommended. As there are no resources allocated for this purpose, both parties suggested that external organisations support training of women.

Women make Aceh more peaceful and more prosperous The Acehnese women and men who were interviewed said that women have traditionally been involved in decision making in Aceh. The history books list prominent Acehnese women that were admirals, queens and guerrilla leaders during the colonial era and are now considered Indonesian heroines. The current peace process discussion includes too much emphasis on the dress code (related to the Sharia law) and not enough discussion on women being in the position to have their views heard. Also, some people expressed the opinion that Aceh should trust and believe in the fact that it has the right position in Islam. It does not need to import trends, such as women wearing head scarves, from other Islamic cultures. People praised Islam and said it is unique in Aceh; it could even serve as an example to the rest of the Islamic world. Some interviewees stressed that the Islamic culture allows women to be liberated. There is a need to build understanding. Interviewees stressed that women’s potential lies in the fact that they are the most neutral party to the conflict. When building understanding, cultural components in peace and reconstruction need

to be taken into account. Women have the potential to be neutral promoters of peace. Women have local knowledge and local networks. If women are involved in the peace process, they can keep peace at the village level as well. They teach peace to children and to men in the family. The interviewees strongly believe that women’s involvement will also benefit Aceh economically as it will improve business and the economy: it is proven that, in societies where there is more equality between men and women, the economy fares better. For instance, when both husband and wife work, it improves the financial situation of the family. The “brain potential” of involving women should also be taken into account – the interviewer was told that women get higher grades at university.

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III Government recognises the role of women in the peace process CMI held discussions in March 2006 with parties to the peace process while in Aceh and in Jakarta. The results of those discussions are presented in this chapter.

Ministry for Political and Security Affairs (Polkam) Deputy Minister Usman Bashya

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Deputy Minister Usman Bashya praised the spirit of peace in Aceh. The will to create and build a peaceful Aceh is the most essential tool in ensuring the success of the peace process. It is important that people in Aceh support and want to maintain peace. Women’s commitment in this is highly appreciated. The government is aware that most of the victims of the conflict were women and that women are strong supporters for peace. The Deputy Minister confirmed that for the Indonesian government, the Ministry for Women ensures that women’s concerns are also included in the Aceh Peace Process. The Ministry for Women was also involved in drafting the LoGA. In addition qanuns (local regulations) will ensure that the law is the same for everyone, for women and men. The Deputy Minister mentioned that the Government would welcome support from the international community in strengthening women’s participation in the implementation of the Aceh peace process, in coordination and collaboration with the Government and other actors.

Ministry for Foreign Affairs, Directorate for Human Rights and Humanitarian Affairs Ms Wiwiek Setyawati and Mr Jonny Sinaga For Acehnese, women have long been playing a very important role. Not only during the struggle against colonialization, as exemplified by the famous national heroine Cut Nya’ Dien, but even after independence, the role of women continues to be a paramount importance in Aceh. In Indonesia actually there exists a legislation (presidential decree) on gender mainstreaming. There is a national machinery for the advancement of women in the form of the Ministry for Empowerment for Women that looks after the implementation of women’s rights, supported by lower level machineries at the provincial level in the form of bureaus in every Governor’s office in all provinces of Indonesia.

The Indonesian Government is continuing the process of ensuring human rights commitments in the development programs. The Law on the Administration of Nanggroe Aceh Darussalam, which has been adopted by the Parliament recently will guarantee full implementation of women’s rights in Aceh in accordance with the rights recognized by the international human rights conventions. The suggested steps include: 1. Ratifying the international human rights conventions 2. Disseminating information to local governments of the ratified human rights conventions and their harmonization with local regulations. 3. When awareness of the law exists, establishing coordination for human rights for women. It would be a regional authority. 4. Nominating a deputy minister to be in charge of the promotion and protection of women’s rights in a coordinating ministry. It should be remembered that it is important that government officials are aware of and understand the issue. Only after that can the information be disseminated to villages, and only then can mechanisms be set up to involve women. It is the Government’s duty to ensure that ratified conventions are enforced, including the UN Security Council Resolution 1325. The Government would like to ensure that the LoGA would take existing ratified international conventions into account. In the case of the LoGA there are mechanisms to ensure that the law treats people equally. Qanuns (local regulations) should be strengthened and disseminated so that they give clear guidance on how that law should be interpreted. This should provide equal treatment to everyone also in the case of the Sharia law. The National Plan of Action on Human Rights has now provincial and council level local committees that aim at ensuring that the law is the same for everyone. The Ministry for Foreign Affairs stressed that it is very important for the government, that women and men have equal rights, also in Aceh.

The Governor’s office The Governor’s office said that they consider the full participation of women very important, especially as the majority of the Acehnese are women. However, one should realise that women’s participation cannot happen so fast. Efforts have been made to involve women: for example two out of the 24 members of the Joint Forum are women. The Bureau for Women’s Empowerment in the Office of the Governor hopes that the Parliament pays attention to women’s views regarding the law. There are

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several ways to influence this: issues can be brought up in women’s networks and in the working group on gender issues. It should be remembered that the law has been put together within a very short timeframe – it has not always been possible to consult all parties. Women need to be very active to be heard in that process: women can write to newspapers, women need to speak in public (even if they participate in seminars and meetings, women often don’t speak). If resources allow, the bureau hopes to improve women’s economic and business skills by training, including the provision of capital and life skills such as sewing. The bureau also hopes to do work to empower women in villages. Specific objectives are the elimination of violence against women and also actions that help to take care of children. The bureau collaborates with women’s networks on issues regarding the LoGA. It will also be involved in the socialisation programme (Tim Socialisasi) where the government and GAM are working with AMM to explain the MOU to the Acehnese people. The intention is that women would also be aware of the MOU. The bureau said that in Banda Aceh there have been several meetings with women’s networks to provide information on the MOU.

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IV Expert Assessment on Women’s Involvement in the Aceh Peace Process by UNIFEM The assessment carried out by UNIFEM found that women’s involvement in the implementation of the MoU has thus far been limited. First, implementation of the MoU is the responsibility of the parties that signed the agreement (or particular institutions as mandated by the parties14); namely, the GoI and the GAM. However, there are few women working in positions within these two bodies that can substantially contribute to implementation.15 Second, because the MoU is a technical and politicised document with terms and concepts that still require development, contributing to the process of developing these terms and concepts, and then later their implementation, requires a substantial level of political and legal knowledge and familiarity. This requirement has almost automatically excluded the vast majority of Acehnese women from the process as they largely lack this knowledge and familiarity. Indeed, those women who have contributed tend to be activists with a significant level of formal education and who are generally affiliated to an institution such as a university or NGO.16 The small number of women working in relevant institutions and the technical nature of implementing provisions of the MoU may explain the small number of women involved in its implementation. However, interviews with a range of stakeholders, including the women activists who are involved, the GoI, GAM and Aceh Monitoring Mission (AMM), indicate that the contributions of even these women activists have also been limited. While there may be other factors, the assessment identified the following as principal reasons limiting women’s involvement or contributions to implementing the MoU. First, cultural paradigms in Aceh have restricted women’s involvement in the political sphere. Many Acehnese men believe that women do not have a role to play in politics; a perception which limits the space afforded them. Interestingly, many Acehnese women submit to the same gender constructions and are therefore disinterested in contributing to the MoU’s implementation.17 14 | Such institutions include: the Provincial or National Parliaments, responsible for promulgating a new Law on Governing Aceh (as per article 1.1.1 of the MoU); the GAM’s MoU Council (Majelis MoU GAM), responsible for implementation of the Peace Agreement; the GAM’s Aceh Transitional Committee (Komisi Peralihan Aceh, KPA), responsible inter alia for reintegration; and the GoI’s Aceh Reintegration Agency (Badan Reintegrasi Aceh, BRA), also responsible for reintegration (as per section 3.2 of the MoU). 15 | Interview, XXX, AMM, DATE. 16 | Interview, Puspa Dewy, Solidaritas Perempuan Aceh, 25 May 2006. Dewy explains that peace for the majority of Acehnese must be understood not in the terms outlined by the MoU, which for the average citizen remain intangible, but instead in terms of physical security and the ensuing freedoms that entails. 17 | Interviews, Khairani and Siti Maisarah, Relawan Perempuan untuk Kebijakan (RPUK), 22 May 2006.

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A second factor identified by women activists is the failure to recognise the need to address women’s rights as human rights by counterparts in the institutions mandated to implement provisions of the MoU. For example, members of the Women’s Policy Network that campaigned for the insertion of gender-sensitive provisions in the draft Law on Governing Aceh (LoGA) asserted that male Members of Parliament were reluctant to include such provisions because they considered their focus on women to be negatively discriminatory to men.18 Women activists note that article 4 of CEDAW states that “temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination”, but point out that the prevailing leadership in those institutions mandated to implement provisions of the MoU do not or are reluctant to recognise this. Third, women’s organisations cite exhausted capacity as a critical factor limiting their involvement in implementing the MoU.19 A large array of issues is to be addressed with regards to promoting women’s rights in the context of peace. Yet women’s organisations are finding it difficult to undertake their important grassroots activities, while also contributing to higher level policy discussions and advocacy with regards to MoU implementation, due to a lack of human resources.20 Adding to this is the fact that, as noted by some women activists, while male counterparts in NGOs work full-time, a large number of women activists contribute only on a part-time basis as they have other, especially family, obligations as well. The Women’s Peace Networ21 will serve to strengthen the capacity of member organisations by combining resources. However, it is new and has yet to fi-

their capacity and, as a result, indirectly limiting their involvement in the MoU’s implementation.22 Finally, the assessment identified the role of and contributions made by the international community as a critical determinant in ensuring women’s involvement and promoting the MoU’s implementation in a gender-sensitive manner. Donor countries are important stakeholders. Their contributions and input can enhance the ‘gender accountability’ component in the formulation and implementation of the MoU. This can be achieved by urging the parties to the MoU for ‘gender accountability’. For example, with regards to the LoGA, women activists consider that the insistence by the Partnership for Governance Reform, a multistakeholder facility funded by UNDP, the World Bank and others, for women’s issues to be incorporated into draft versions was critical to the relative success of these efforts.23 Women activists suggest that the international community may play a much greater role in calling for gender mainstreaming within the implementation process. Despite the above limitations, it is important to highlight the contributions that women have made to the MoU’s implementation and to ensuring that women’s rights are represented in this process. The assessment found that women’s contributions have largely occurred through the establishment of structures in parallel to the various institutions mandated with the MoU’s implementation. Examples of these parallel structures include the establishment of the Women’s Peace Network mentioned above, the Women’s Policy Network (Jaringan Perempuan Untuk Kebijakan, JPUK)24 and, most recently, the as-yet-untitled network of women’s organisations strategising on the Truth and Reconciliation

nalise its objectives and strategy to promote women’s issues. Women activists are quick to explain that Sharia ?Syariah law in Aceh is not, in itself, a direct factor limiting their involvement in the MoU’s implementation. However, the need to monitor the way in which Sharia law? Syariah develops and is enforced - to ensure that women’s rights are protected - is further exhausting

Commission (as provided for by article 2.3 of the MoU).25 Information collected, conclusions drawn and strategies developed in these structures are then chan-

18 | Interview, Arabiyani, UNIFEM, 18 May 2006. 19 | Interviews, Erwin Setiawan, Flower Aceh, 23 May 2006, and Puspa Dewy, Solidaritas Perempuan Aceh, 25 May 2006. 20 | Solidaritas Perempuan Aceh explained that financial resources are not the issue, as donors have channelled more funds than the organisations’ capacity can absorb. The problem is a lack of human resources, particularly as many qualified and committed Acehnese women have gone to work for international organisations since the tsunami. Interview, Puspa Dewy, Solidaritas Perempuan Aceh, 25 May 2006. 21 | The Women’s Peace Network is a network of 25 Acehnese women’s organisations that have joined forces to strategise ways to promote women’s rights within peace building efforts and women’s contributions to these efforts. The Network was established in December 2005.

22 | A number of women activists consider that the Wilayatul Hisbah (WH), the body mandated to monitor and ‘guide’ Muslims’ adherence to Sharia, has overstepped its authority, particularly when it detained a group of three women activists on February 19th 2006 for allegedly not wearing headscarves in a public space. A group of these activists are currently filing a claim against the WH and have established themselves as the Women Victims of Policies Network (Jaringan Perempuan Korban Kebijakan, JPKK).The term ‘policies’ was chosen to distinguish between the policies and actions of the WH and the requirements of Sharia Law. Women activists point out that they are not opposed to Syariah, which they believe confers rights upon women. Instead, they are opposed to the policies that have been adopted by the WH to enforce Sharia. 23 | Interviews, Khairani and Siti Maisarah, Relawan Perempuan untuk Kebijakan (RPUK), 22 May 2006, and Erwin Setiawan, Flower Aceh, 23 May 2006. 24 | The JPUK was established in 2004 to campaign for the revocation of a number of non-gender sensitive provisions of the Law Governing Direct Elections. After the MoU, the JPUK focused its efforts on campaigning for gender sensitive provisions in the draft Law on Governing Aceh. 25 | The women’s organisation Flower Aceh facilitated a seminar concerning the establishment of a Truth and Reconciliation Commission and its implications for women that was attended by women’s organisations on 24 May 2006. The seminar was intended to mark the beginning of serious discussions among women’s organisations as to the contributions they might make to ensure that the Commission’s establishment promotes justice for women.

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nelled to the AMM, GoI or GAM and advocacy efforts undertaken to encourage the Parties to the MoU to agree to the inputs provided. In conclusion, there are a number of factors that have limited women’s involvement in the implementation of the MoU in Aceh. These limitations must be addressed if women’s involvement – a critical element to ensure a sustainable peace in Aceh, as argued elsewhere in this report – is to be enhanced. Nevertheless, women activists and women’s organisations are carving out a position for themselves from which, albeit in indirect ways, they are able to contribute to the MoU’s implementation. Despite the limitations listed above, women are finding creative means to ensure that their input to the peace process is heard. Due to their grassroots activities, women’s organisations possess substantial information that is required to inform the effective implementation of the MoU. For this, among other reasons, it is important to enhance women’s involvement in its implementation. The assessment identified a number of entry points for greater involvement in the above and other provisions of the MoU. First, grassroots activities undertaken by women’s organisations provide an effective entry point for enhancing women’s involvement in implementing the above provisions as already established links with local communities may be built upon to initiate other activities. Regarding article 1.2.6 of the MOU, promising full participation of all Acehnese people to national and local elections, women’s organisations may utilise their links with women’s communities to undertake women voter education programmes to promote women’s participation in upcoming elections. One women’s organisation, Flower Aceh, has already undertaken such programmes.26

Additionally, while not directly arising from the MoU, women’s involvement will be important in the drafting of qanun (local laws) that will detail provisions of the LoGA once it is promulgated. According to one respondent, women activists estimate that there will be an estimated 87 qanuns arising from the LoGA that will have specific relevance for women.27 The existence and experience of the Women’s Policy Network (JPUK) provides a strong entry point for women’s enhanced involvement in ensuring that gender is mainstreamed into the process of drafting these laws. A third entry point for greater involvement is the existence of the National Women’s Commission (KOMNAS Perempuan) and its already active presence in Aceh. KOMNAS Perempuan can contribute to women’s involvement by monitoring and evaluating the Parties to the MoU’s commitment to address gender issues and ensure gender mainstreaming.

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Concerning article 2.3, women’s organisations have been engaged early on over the issue of a Truth and Reconciliation Commission (see footnote 11). This early engagement provides another strong entry point for involvement, including on the implementation of article 2.2, concerning a Human Rights Court. Women’s organisations can capitalise on their early start to draft a clear strategy of their expectations for the Court and Commission. The Women’s Peace Network, as a unified voice of some 25 women’s groups, can provide a strong platform from which to launch this strategy for consideration by the GoI in the establishment of the two institutions. 26 | Interview, Erwin Setiawan, Flower Aceh, 23 May 2006.

27 | Interview, Pudji Aswati, UNDP, 17 May 2006.

V Conclusions and Recommendations

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GAM and the government are admired and appreciated by the international community for showing their strong commitment to peace. Both parties also agree that women’s contribution to the peace process is important. Good performance in implementing the peace agreement and efforts to ensure lasting peace can be improved by introducing actions that enable women’s participation in the process. The Aceh case could be used as an example to other peace processes around the world also in this respect. Women, representing the majority of the Acehnese thus also form the majority of the decision makers in a democratic system. It is not possible to set up a democratic system and ignore the majority of the people. The future of Aceh would benefit from women being more aware of developments and processes, and having the means and the possibility to participate in these now. A solution can be “peaceful, comprehensive and sustainable with dignity for all” if it is that to men and women alike. GAM and the government should make it more public and more visible that they consider it very important that women are equally involved in the implementation of the MOU, and that they are aware that women’s contribution is needed to attain lasting peace. To make the article 8 of the Security Council Resolution 1325 a reality, the parties should make gender mainstreaming a strategic priority in implementing the peace process, in particular by emphasising ‘the special needs of women and girls… during reintegration and post-conflict reconstruction’ GAM and the government (both at the national and at the local level) could inform their representatives at all levels on the importance of making an effort to involve women in the peace process, recognising that additional methods are needed to enable women’s participation. In the spirit of CEDAW (Convention on the Elimination of All Forms of Discrimination against Women), the parties should adopt a strategy for implementation of the MoU and for consolidating peace based on a principle of affirmative action to ensure women’s active participation in all aspects of political, social, economic and cultural life. GAM and the government are congratulated for their on-going efforts to socialise the MOU to the Acehnese. They could check that the actions aimed at making women aware of the peace process are reaching as many women as men, and if needed, these efforts could be enhanced.

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The Law on Governing of Aceh should also be socialised to all Acehnese, women and men alike. Women’s networks have on-going plans and actions to facilitate women’s involvement and to express women’s aspirations. GAM and the government should collaborate on a regular basis with these networks and women’s organisations to facilitate their own attempts to reach women. GAM and the government should allocate more resources (including human, financial, technical and other resources) to ensure that women are fully involved in the implementation of the peace process and the MOU. Based on the principle of affirmative action, the parties should utilise needs assessments conducted by women’s organisations to allocate a set and generous proportion of funds, first, to enhance women’s involvement in the peace process and, second, to compensate women survivors of the conflict. GAM and the government should identify such methods of training, information sharing and opinion expression that can reach women and that are easily available to women. The current methods reach men much better than women.

GAM and the government should provide training on women’s rights and gender sensitive programming to all their staff involved in implementing the MoU. Both GAM and the government should establish complaints mechanisms and codes of conduct with clear and strong sanctions for staff found discriminating on the basis of gender. GAM and the government should ensure that women are properly represented in all organisations and decision-making bodies that deal with issues related to the implementation of the MOU. GAM and the government could make specific requests to the international community to support the efforts of involving women. However, it should be stressed that outside support should not be the main method of enhancing women’s involvement – showing, that this issue is a priority to both parties of the peace agreement is very important. GAM and the government should request that any actors supporting them in implementing the peace process make special efforts to involve women.

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UNIFEM, East and Southeast Asia Regional Office, UN Building th Floor, Rajdamnern Avenue, Bangkok 000, Thailand [email protected]

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Jln. Elang Timur No.  Blang Cut Lueng Bata, 00 Banda Aceh Indonesia [email protected]

Pieni Roobertinkatu B 000 Helsinki Finland [email protected]