CONCEPTUAL FRAMEWORK, DATA COLLECTION

THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 14 THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 15

1.4 SITAN STRUCTURE

Based on the data collection methods and the conceptual framework already described, this SITAN is therefore structured as follows: Section 2 provides an overview of the changes in the political, economic and demographic context over the past ten years, since such changes affect the context in which child welfare policies and programmes are designed and operate. It demonstrates that along a number of socio-economic and welfare indicators there are disparities between income groups, provinces, urban and rural areas, and in some cases gender, illustrating the importance of improving policy attention to pro-poor growth and improving human development, as well as achieving MDGs with equity. Section 3 examines patterns and trends in the indicators of child welfare and the situation of women, particularly at the national level. This includes a discussion of indicators in health and nutrition, water and sanitation, HIV and AIDS, sexually transmitted infections and adolescent sex practices, education, and child special protection in Indonesia. It also includes a discussion of some of the national-level policy interventions in place to improve each aspect of child welfare. The analysis and discussion of each indicator and corresponding policy interventions is not exhaustive, however, as the changes in both the legal and policy framework over the past ten years have been too numerous even for the most comprehensive of SITAN, and data insufficiencies also persist. It is clear from Section 3 that despite overall improvements in some indicators, disparities between regions and groups remain. Furthermore, it is clear that understanding the changes in the situation of children in Indonesia is undermined by data insufficiencies in some key indicators, notably in child protection. Next, to truly understand the problems children and women face in a country as large and diverse as Indonesia, and the factors that have contributed to vulnerabilities or improvements in their situation, it is important to examine the local contexts. Variations in the situation of women and children in Indonesia - and the complexities of how such situations have emerged - are likely to be disguised by national averages and statistical indicators. Section 4 therefore, explores case studies of the situation of women and children in four very different provinces in Indonesia: Aceh, Papua, Central Java and East Nusa Tenggara NTT. This section demonstrates that in different regions of Indonesia there are different vulnerabilities and contributing factors, requiring different kinds of interventions. Section 4 also examines the way children themselves respond in different contexts. It elucidates the synergies between home, school, street and communities, and that despite the different contexts and vulnerabilities they face, children have similar coping mechanisms, and as their skills develop, they use innovative strategies to improve their own situations. This is important for considering how children might be better included in policy- and decision-making regarding their own welfare. Section 4 finally examines the policy framework and responses to the needs of children and women in the new decentralised context in Indonesia. It explores how decentralisation has been institutionalised, how policies are delivered, and how this translates into practice from the views of key stakeholders in the four provincial case studies, including the views of practitioners. This provides a series of lessons learned in both policy innovation and the challenges of improving child welfare under decentralisation. The four provinces selected for the case studies were chosen to represent very different socio- economic contexts and varied stages of institutional development under decentralisation. They vary in terms of special autonomy status, availability of natural resources, density of the population, experience of natural disasters and conflicts, and proximity to public resources and infrastructure. The case studies within the provinces were also chosen to illustrate particular challenges and policy responses in Indonesia, with regard to education Aceh, malnutrition and health NTT, combating HIV and AIDS Papua, and child special protection for vulnerable groups such as children living on the streets in Indonesian cities Central Java. Section 4 outlines the economic and non-economic factors which shape these vulnerabilities from the perspectives of key stakeholders policymakers, practitioners, and children themselves. It then examines some but not all of the policy responses to these challenges in each province, illustrating the challenges, gaps and innovations in the decentralised context. It is important to remember that these case studies are not exhaustive sectoral reviews in each province, as given the complexities of the sub-national environment in Indonesia and the policy and institutional environment at the national and sub-national level, each would constitute a large-scale SITAN in itself. The features of these provinces and case studies are as follows: 1. Nanggroë Aceh Darussalam N.A.D., but known as ‘Aceh’ here and throughout the rest of this report: Located in the northwest of the archipelago on the island of Sumatera, Aceh has implemented special autonomy and Syariah law. It has a troubled history of conflict between the state and the Free Aceh Movement GAM, as well as natural disasters. While the province is resource rich, it has limited human development and high levels of poverty, made worse by the impact of the December 2004 tsunami. Examining Aceh is useful not only for understanding the vulnerabilities children and women face and how they respond in a context of complex emergencies, but also how large scale interventions to rebuild the province have contributed to service provision. Prior to the tsunami, many education facilities were destroyed during the conflict, and the situation was made worse by the tsunami. This made it dificult to guarantee access to education. However, large scale interventions in education resulting from tsunami relief, and investment in conflict areas following the signing of the peace agreement between GAM and the GoI in 2005, have resulted in vast improvements in education levels the province albeit unevenly at the district level, as Section 4 demonstrates. This provides many lessons in policy innovation and identifies the continued challenges for improving disparities in access to education in the province. 2. Central Java: Located in the south of the country on the nation’s most densely populated island, Central Java is predominantly Muslim. It has a higher standard of living on average compared to other provinces, but its large population and rural poverty mean there are large inter-district and inter-income group disparities in terms of child welfare. Rural poverty in the district contributes to the migration of children to urban areas, some of whom have ended up living on the streets. The study of children living on the streets, their vulnerabilities, and the policy responses to the problem highlight a number of issues in child special protection. They also highlight how multi-sectoral responses to the problem under decentralisation, through the child-friendly city pilot in the City of Surakarta, have required consistent commitment of the district government to prioritising children in policy formulation, budgeting, and the establishment of a Bureau of Child Protection. All of this has been based on the political will and the commitment of the municipality leadership and support from the provincial level to improve child rights and welfare. Pantai Abi Paupa THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 16 THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 17 3. East Nusa Tenggara NTT: Located in the far east of Indonesia, NTT is made up of a number of small islands. The long dry season and absence of a large natural resource base mean that the area is prone to drought, food shortages and other challenges to improving child welfare. It has a strong traditional social system and a large number of mainly Christian ethnic groups. The institutions delivering public services are in various stages of development and the capacity of staff to deliver services in such a difficult context is uneven. Examining the case study of malnutrition and health in NTT is appropriate given the economic difficulties, low education levels, traditional nutrition practices and poor access to health services, which are prevalent in the province. It also highlights the challenges under decentralisation of improving child welfare in the province. 4. Papua: Located in the far east of the archipelago, Papua also enjoys ‘Special Autonomy’ and has a large number of traditional institutions that have been formalised and incorporated into local government structures. Despite being rich in natural resources, Papua has a lack of human capital and a poor human development index. Papua also suffers from a high prevalence of HIV and AIDS compared to other provinces in Indonesia and is classiied as experiencing a generalised epidemic in HIV and AIDS. This has been made worse by migration, influx of projects and funds with special autonomy and the consequent use of sex workers, resistance to the use of protection in sex practices, and the challenges of changing behaviour due to low education levels. Papua provides an example of the challenges to combating HIV and AIDS under decentralisation and special autonomy, and in an area of Indonesia that is underdeveloped economically and in terms of social welfare and infrastructureservices. In each of the provinces one municipality kota and one district kabupaten has been selected where interviews were conducted, as shown in Table 1.4.1. Table 1.4.1: Research areas Section 5 makes a series of recommendations for the GoI, UNICEF, other donors and civil society organisations working in child welfare. Provinces Aceh Central Java East Nusa Tenggara NTT Papua CityMunicipality Banda Aceh Surakarta Kupang Jayapura District East Aceh Brebes Sikka Jayawijaya SECTION 2: SOCIO-POLITICAL, ECONOMIC AND DEMOGRAPHIC CONTEXT THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 18 THE SITUATION OF CHILDREN AND WOMEN IN INDONESIA 2000-2010 19 INTRODUCTION Understanding the context within which pro-child social policymaking takes place is important for considering the trends in improvements in child welfare and the limitations and challenges for such initiatives. Only when socio-political conditions are conducive to promoting pro-child social policies can such policies be implemented and have an impact. 1 This section therefore briefly reviews key social, economic, political and institutional reforms that have taken place since the last Situation Analysis Report SITAN was conducted in 2000. It demonstrates the achievements Indonesia has made with regard to democratisation and decentralisation, as well as the challenges it has faced. This provides the context for Section 3, which discusses the national- level trends in child welfare in Indonesia across education, health, and other areas. This section also briefly reviews trends in economic indicators at the national level, and sharp disparities between provinces in terms of gross domestic product, poverty levels and the GINI measure of income inequalities. This section also discusses improvements in the human development index HDI, the gender development index GDI and the gender empowerment measure GEM, again demonstrating that there are significant regional disparities. Finally, this section discusses demographic changes, including fertility rates and the distribution of population by age and gender.

2.1 POLITICAL AND INSTITUTIONAL CONTEXT

Since 2000 when the last SITAN was conducted, Indonesia has undergone large-scale institutional, social, and political reforms. The reform period commonly referred to as reformasi has been marked most notably by a broader process of democratisation, which began after the resignation of Suharto after 32 years as president in May 1998, and the implementation of decentralisation discussed further below, and in more detail in Section 4. Reform in Indonesia has also involved a variety of other institutional and legislative changes over the past decade, including: instituting greater political rights and freedom of expression for citizens 2 ; the ongoing process of rolling back the role of the military in politics and civilian affairs 3 ; passing four sets of amendments to the 1945 Constitution, including articles relating to human rights; 4 and passing 1 See Grindle, M. S. 1980, Politics and policy implementation in the third world, Princeton University Press: New Jersey; and Mazma- nian, D. A. and Sabatier, P. A. Eds. 1981 Effective policy implementation, Lexington Books: Lexington, MA 2 Political rights were regulated through Law No. 91998 on Freedom to Express Opinions in Public Spaces. This law was revised through Law No. 222005 on Guarantees for Political and Civilian Rights. The most important change through Law No. 222005 is that the state is mandated to protect the right to express opinion hak untuk mengemukakan pendapat, the right of association berserikat berorganisasi such as in trade unions and other organisations, the right to vote and to be elected hak untuk memilih dan dipilih, and the right to equal treatment under the law hak sama di hadapan hukum. 3 Depoliticisation depolitisasi of the military. The separation of the police and military with the police being responsible for domestic security is regulated in the People’s Consultative Assembly MPR, Majelis Permusyawaratan Rakyat Provision Ketetapan No. VI2000 on the Elimination of the Dual Function of the Armed Forces. For more information on the impact of these changes see: Kontras, T. 2003 ‘Politik militer dalam transisi demokrasi Indonesia’, Komisi untuk Orang Hilang dan Korban Tindak Kekerasan Commission for Missing Persons and the Victims of Violent Action: Jakarta. Several authors note that this process of reform is ongoing and has yet to be consolidated: Mietzner, M. 2009, Military politics, Islam, and the state in Indonesia: From turbulent transition to democratic consolidation, Institute of Southeast Asian Studies: Singapore; Sumarkidjo, A. 2001 ‘The rise and fall of the generals: The Indonesian military at a crossroads’, in: Lloyd, G. and Smith, S. Eds., Indonesia Today, Institute of Southeast Asian Studies: Singapore, pp136- 145; Robinson, G. 2001 ‘Indonesia on a new course?’, in: Alagappa, M. Ed., Coercion and governance: The declining political role of the military in Asia , Stanford University Press: Stanford, pp226-258; and Rinakit, S. 2005 The Indonesian military after the New Order, Institute of Southeast Asian Studies: Singapore. Informed observers have generally noted that the ongoing removal of the military from politics depends upon the quality of civilian governance, political stability and the consolidation of democratic reforms. 4 For a detailed discussion of Indonesia’s constitutional amendment process, see: Indrayana, D. 2007 ‘Indonesian constitutional reform, 1999-2002: An evaluation of constitution making in transition’, Kompas , 2008: Jakarta; and Ellis, A. 2007 ‘Indonesia’s constitutional change reviewed’, in: McLeod, R. H. and MacIntyre, A. Eds., Indonesia: Democracy and the promise of good governance, Institute of Southeast Asian Studies: Singapore, pp21-40 legislation which has allowed for freer press, 5 freedom of association, 6 and freedom to form new political parties. 7 It has also involved changing the form and number of seats in legislatures at each level of government, implementing the direct popular elections of the president and vice president, governors, district heads and mayors, 8 and creating the General Elections Commission KPU, Komisi Pemilihan Umum for elections oversight, no member of which may simultaneously be a member of any political party. 9 Indonesia has also sought to reduce corruption within the framework of improving overall governance, including transparency and accountability. 10 It ratified Law No. 401999 on Anti-corruption and created the National Anti-Corruption Commission KPK, Komisi Pemberantasan Korupsi in 2003. Bessell 2007 also argues that along with these legislative and institutional changes, there have been improvements in terms of child protection and welfare laws during this period, which were discussed in the previous section. 11 Overall, Imawan 2004 argues that the reform period has been marked by four key changes to the political economy of Indonesia. 12 First, initiatives to shift the control over political decision-making by the executive to the citizenry, through freer elections first held in 1999, and subsequently in 2004 and 2009, with each set of elections being less marred by violence. Centralisation of political power and domination of decision-making were key features of the preceding Suharto government. Second, initiatives during the reform period have included creating greater checks and balances on the distribution and use of power between the legislative and executive arms of government, as well as between central and local governments. Third, rule over the populace has shifted from ‘rule through using the law’ that characterised Soeharto’s New Order government, to building the ‘rule of law’. Fourth, reform has also involved efforts to reduce opportunities for corruption and collusive practices within government. 13 Improving accountability and transparency is important, not only for delivering public services that benefit children, but also for effective child budgeting, the delivery of social protection schemes, and for more broadly achieving social equity and cohesion. 5 Law No. 401999 on Freedom of the Press guarantees freedom of the press, as mentioned in Article 4: 1 Freedom of the press is guaranteed as a basic right of citizens; 2 There is no censorship, bans or broadcasting restrictions of the national press; 3 To ensure freedom of the press, the national press has the right to search for, obtain and distribute ideas and information; and 4 To be responsible for reporting, journalists have the right of refusal in court Hak Tolak 6 Law No. 251997 on Manpower 7 Law No. 312002 on Political Parties 8 Law No. 222003 on General Elections and revised by Law No. 102008 on General Election of Members of National Parliament DPR, Dewan Perwakilan Rakyat, Local Parliament DPRD, Dewan Perwakilan Rakyat Daerah, and Regional Representatives Council DPD, Dewan Perwakilan Daerah. For a brief review of the successes and challenges with direct elections, see case studies covering former separatist areas, regions heavily impacted by communal conflicts, national and local legislatures and parliamentary performance: Aspinall, E. and Mietzner, M. Eds. 2010 Problems of democratisation in Indonesia: Elections, institutions and society, Institute of Southeast Asian Studies: Singapore; Schulte Nordholdt, H. and van Klinken, G. Eds. 2007 Politik lokal di Indonesia, KITLV and Yayasan Obor Indonesia: Jakarta; Erb, M. and Sulistiyanto, P. Eds. 2009 Deepening democracy in Indonesia? Direct elections for local leaders Pilkada , Institute of Southeast Asian Studies: Singapore 9 Law No. 312002 on Political Parties, Law No. 122003 on General Election of Members of the National Parliament DPR, Dewan Perwakilan Rakyat, Regional Representatives Assembly DPD, Dewan Perwakilan Daerah and Local Parliament DPRD, Dewan Perwakilan Rakyat Daerah, and Law No. 232003 on General Election of the President and Vice President. The Ministry of Home Affairs is now considering directly appointing provincial governors, which some observers argue will ‘roll back’ some of the democratic reforms that have taken place over the past decade. 10 Synnerstrom, S. 2007 ‘The civil service: Towards eficiency, effectiveness and honesty’, in McLeod, R. H. and MacIntyre, A. Eds., Indonesia: Democracy and the promise of good governance, Institute of Southeast Asian Studies: Singapore, pp159-177; Goodpaster, G. 2002 ‘Relections on corruption in Indonesia’, in Lindsey, T. and Dick, H. Eds. Corruption in Asia: Rethinking the governance paradigm, The Federation Press: Sydney, pp87-108; Supeno, H. 2009 Korupsi di daerah: Kesaksian, pengalaman, dan pengakuan, Kreasi Total Media: Jakarta. Though improving its global corruption index ranking, the general consensus among observers is that much work remains to address issues of corruption in Indonesia. 11 Bessel, S. 2007 ‘Children, welfare and protection’, in McLeod, R. H. and MacIntyre, A. Eds, Indonesian democracy and the promise of good governance , Institute of Southeast Asian Studies: Singapore 12 Imawan, R. 2004 ‘Political parties in Indonesia: The half-hearted struggle to look for an identity’ Partai politik di Indonesia: Pergulatan setengah hari mencari jati diri , Inauguration speech for professors in Political Science at the Faculty of Social and Political Sciences, Gajah Mada University, Yogyakarta, 4 September, p3 13 For an overview of patterns and practices of corruption in Indonesia, see: Wilson, I. 2009 ‘The rise and fall of political gangsters in Indonesian democracy’, in Aspinall, E. and Mietzner, M. Eds., Problems of democratisation in Indonesia pp199-218; Abdullah, T. 2009 Indonesia: Towards democracy , Institute of Southeast Asia Studies: Singapore, pp429-526; Lindsey, T. 2001 ‘The criminal state: Premanism and the new Indonesia’, in: Lloyd, G. and Smith, S. Eds, Indonesia today: Challenges of history, Institute of Southeast Asian Studies: Singapore, pp283-297