On 29th November 2019, Indonesia
celebrated the Day of Women Human Rights Defenders for the first time. The
event hosted by the National Commission on Anti Violence Against Women (Komnas
Perempuan) together with coalition of civil society was held at the National
Museum with the theme “Realizing Protection for Women Human Rights Defenders in
the New Leadership of Indonesia”.
The origin of women human rights defenders is
no different to the definition of human rights defenders in the Declaration on
Human Rights Defenders of 1998. Anyone who performs the activity to protect,
respect, fulfill and promote human rights by oneself, or together with peaceful
manner is described as human rights defender. However, the difference is that
women human rights defenders are human rights defenders who identify themselves
as woman. Such definition highlights that human rights defender is not a
profession, but rather, an activity of defending human right which upholds universal
values and exercise non-violence principle.
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| Intersectional Feminism Art by Salmon Design Source |
Since 2014 until now, Komnas
Perempuan has been documenting cases of violence against women human rights
defenders. The results were quite surprising with troublesome pattern of
violence. Women human rights defenders have higher degree of vulnerability than
male human rights defenders, as the attacks directed to them are almost always
regarding morality, bodily authority and sexuality. Komnas Perempuan noted the
characteristics of the violence directed to women human rights defenders
include rape, sexual torture, sexual abuse, sexual stigmatization, attack on
their role as mother, wife and children, etc.[1]
For example, women who defend their rights and their communities often receive
threats of rape, harassment and sexual violence. The type of threat which is
not occured often to male human rights defender.
In addition, women human
rights defenders often have their credibility attacked through stigma as wild
woman, prostitute and disgrace to their family. This shows the will of society
with a strong culture of patriarchy to control women by attacking her body.
These conditions are worsened by the absence of gender sensitive protection
from the state. Governments are often negligent in handling cases of violence
against women.
In the context of regulation,
Indonesia has yet to recognize human rights defenders, let alone provide
protection for them. On the contrary, the government issued policies that
perpetuate or justify violence against women human rights defenders. Baiq Nuril
is a proper case to show state's negligence towards victims of sexual violence.
She is a woman human rights defender who were criminalized because she defended
herself as a victim of sexual violence. Although president Joko Widodo gave
amnesty to her, legally speaking, she remains guilty for violating the Law
11/2008 about Information and Electronic Transactions. The victims of
problematic laws are continuously increasing but the policy that gives
protection such as the Draft Law on the Elimination of Sexual Violence (RUU
PKS) is not being completed.
Other example is a case encountered by Era Purnama
Sari, an advocate of Serikat Mandiri Batanghari farmers in Jambi. During the
advocacy, she claimed to have received threats, intimidation up to character
assassination with the purpose of destroying her credibility as woman human
rights defenders. She was once rumoured in having an affair with one of state
officials, which cannot be verified up to date.[2]
These two cases are examples of violence against women human rights defenders
who were not provided protection by the state. Of course there are many other
cases, but the state stays idle.
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| Women Human Rights DefendHER Source |
At least, there are four things
that can be done. First, the state should create legal protection for human
rights defenders. Provide recognition of human rights defenders formally and
regulate the mechanisms of protection afforded by state institutions. This can
be done by revising Law 39/1999 on Human Rights which has been in effect for 21
years. Evaluation of the Regulation of the Chief of Police 8/2009 on the
Implementation of the Principles and Standards of Human Rights in the
Implementation of Police's Tasks (Perkap 8/2009) should also be implemented.
Police is reported as the main perpetrator of violence against human rights
defenders by civil society. The evaluation of Perkap 8/2009 is expected to
improve the performance of police in providing human rights responsive service.
Second, the completion of regulations that provide protection for human rights
defenders and women human rights defenders must be done immediately. RUU PKS
will provide protection for victims of sexual violence and women human rights
defenders who receive threats of sexual violence while conducting their work in
defending human rights. Regulation of the Minister of Environment and Forestry
on the Protection of Environmental Defenders (known as Permen LHK about
Anti-SLAPP) must immediately be published by Minister Siti Nurbaya in her
second period as a commitment to fulfill the right to good and healthy
environment through the protection of environmental defenders.
Third, the
National Commission on Human Rights (Komnas HAM) and the National Commission on
Violence Against Women (Komnas Perempuan) should form a mechanism of protection
induced with gender perspective that is effective and responsive to cases of
violence experienced by human rights defenders in Indonesia. These mechanisms
must involve civil society and state-based institutions that have protection
functions such as the Police, the Witness and Victims Protection Agency (LPSK)
and Ombudsman RI in order to maximize the protection. Last, as citizens, we are
responsible to educate ourselves and the community around us to stop putting
women under subordination of men. Self-empowerment will dissolve patriarchal
culture that puts women not as a captain of herself, but rather as object that
are steered by public perception.
∞
Author's note: This article is a translated version of the original which was made in Bahasa Indonesia titled "Perempuan Pembela HAM: Mangsa Empuk Kekerasan".
[1]
Dewi Yuri Cahyani, Perempuan Pembela HAM:
Berjuang dalam tekanan, Jakarta: Komnas Perempuan, 2007.
[2]Fadil
Mubarok, Hoaks Cheating the Deputy
Chairman of the legal aid foundation allegedly linked farmers SMB, 2019. https://www.alinea.id/media/hoaks-selingkuh-era-purnamasari-diduga-terkait-petani-smb-b1XkX9mzq
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