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Vol.VIII, No.

4, July-August2011

STRENGTHENING INDONESIAS DIPLOMACY


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Editors Note: Everything Lays in the Open Strengthening Indonesias Diplomacy The Political Participation of Indonesian Women Migrant Workers and A Migrant Workers Group as Problem Solving Action on the Violance against Indonesian Domestic Workers

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Happy 44th Anniversary, ASEAN! Villages in the Future of Regional Autonomy Peace Education Program: Breaking Stereotype and Building Trust in Jakarta and Jayapura

Editors Note

Everything Lays in the Open

It is not a kind of euphoria, yet, but at least a feeling of optimism , even a high spirit, to mend everything that is not right has emerged amidst the confusing situation since the capture of Nazaruddin, the suspect of big time corruptor. When he succeeded in fleeing a day prior to the Corruption Eradication Commission (KPK)s prevention measure, out to Singapore, almost all people who felt concern about the fate of this nation mentioned about possible Indonesia became a failed country. Nazaruddin himself kept on ridiculing officials, his democratic Party or government officials and members of the House of Representatives from his hiding place, the last of which was his deride through the live interview, where he called names of many people including his own friends when he was still the treasurer of the Democratic Party. It is true that such a huge pressure had forced the security elements (the Police Force, officials of the Attorney General Office, the customs, the KPK, to work extra hard to find and capture him, including asking for the help of the Interpol by sending a red notice). There was a sign of relief when Nazaruddin was captured in Colombia by the countrys Interpol members, and brought him back to Indonesia. Even optimism seems to be growing among the society that many wrongdoings might be corrected. The pressure includes the threat that if the government
Publisher: A. Watik Pratiknya, Co-editors: Andi Makmur Makka, Dewi Fortuna Anwar, Chief Editor: Siti Zuhro, Executive Editor: Mustofa Kamil Ridwan, Editors: Andrinof Chaniago, Rahimah Abdulrahim, Assistant Editor: Wenny Pahlemy, Copy Editor: Don Wilkey, Secretary & Layout: Aryati Dewi Hadin, Circulation & Production: Ghazali H. Moesa, Address: The Habibie Center, Jl. Kemang Selatan No. 98, Jakarta 12560, Indonesia, Tel. (62-21) 781 7211, Fax. (62-21) 781 7212, thc@habibiecenter.or.id, www.habibiecenter.or.id- No. ISSN 2087-1619
PostScript is published bimonthly by The Habibie Center. @2011 by The Habibie Center. All Rights reserved. Unless stated otherwise, all views expressed in PostScript reflect the views of the editorial staff. Inquiries on circulation and editorial correspondence should be addressed to PostScript editors.

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Editors Note

cannot make things right it would be better if the government does not continue to govern. At least people in the government, whoever they are, would better resign if they let the bad thing continue to occur. This is a kind of situation that is quite different from the era of the New Order where no citizen dared enough to say anything contrary of what the government decided to say. Corruption nowadays is not worse than in the era of Soeharto. Only that now, in the reform era, people have been encouraged to be brave enough to reveal and say anything they want, including deriding the government, and that the corruption are more open (as the people demand) for the people to see its gigantic figure of the money the corruptors suspiciously steal . With everything lays in the open, the SBY government seems to have to bear the consequences of eradicating the accumulated wrongdoings it inherits from all the past eras (the era of Soekarno and the era of Soeharto). There is still pessimism, truly, in that is it possible corruption could ever be eradicated? Then, if it truly can be eradicated, how long will the process take place, is a generation (give and take 25 years) enough? There is even a discourse, a scary one, that Nazaruddin might be killed so that some circles ask for him to be placed in the witness protection facility. Nobody can give even a clue, but what people are trying to do now is to be first optimistic, do whatever they (especially the security elements) can to show that the situation is still under control and what observers, analysts, common people say so far that the situation is beyond repair is not correct. There is an indication nowadays that many people try to show their best performance, at least show smiling faces in order not to be suspected by the security people. But people also understand that the fight against corruption as an extraordinary crime will go along a rugged way, because everybody knows that corruption has been very complicated with roots that have gone everywhere, making nobody knows where to start. Furthermore, people also know that corruptors, with their huge sum of stolen peoples money, will fight back against any effort to reveal what they have made and got so far that will make them go to trial; bribery has become a very common practice to buy any officials in power , and if the officials cannot be bought then they are in no doubt to destroy them, their reputation, personality, even their physics and

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their families. The corruptors surely try any way they can to prevent any effort to disturb them. The so called mafia of court, mafia of budget and others are now mentioned openly, especially with the use of all forums, internet and who knows what will the technology present in the future, something that surely will make corruptors on high guard. On the other hand, those who are involved in corruption eradication realize fully that the war on the corruption is something highly complicated, partly by the corruptors undermining their efforts, and the other by the fact that getting evidence as well as finding hard facts and prove the acts are very difficult indeed. There is a kind of corruptors association where its members will help one another to make the efforts to reveal their practice find a blind alley. So, a war is now going on between the good and the bad. Of course it is not as simple as they may seem. But as difficult as it is, the government and its security elements may not cease the endeavor. The society is actually an easy factor. Show them that the government is serious in doing the eradication, the people will lend their hands to help the government as long as it take, at least in scrutinizing the culprits and reporting any wrongdoing . Moreover, those who are found guilty in fair trials, be punished, no matter who they are. The government may rest assured that the people is still caring about helping it build its credibility. SBYs order, with his assurance of not intervening, for the Nazaruddin case to be completed, is a good sign. -oooOooo-

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Editors Note

Politics and Human Rights

Strengthening Indonesias Diplomacy

Inggrid Mustika, Researcher, The Habibie Center


Introduction

he picture of Indonesias shameful record of protection of migrant workers came into sharp focus in the beheading of Ruyati in Saudi Arabia in the middle of June 2011. The government has admitted that it felt cheated by the Saudi Arabian government for not fully informing Indonesia about the trial process of Ruyati binti Satubi, who had been accused of murdering the wife of her Saudi employer. Yet, Ruyati reportedly was often abused by her employer, did not receive her salary and her request to return home was denied (The Jakarta Post, 2011). What happened to Ruyati is merely the tip of an iceberg where there are more than 2.67 million Indonesian migrant workers who work in countries where labor regulations do not really protect workers (The Jakarta Post, 2010). These facts have also indicated that Indonesias communication skills and diplomacy are still weak and as a result, misunderstanding between Indonesia and other countries quite often happens. Furthermore, by over viewing Indonesias experience in diplomacy with other countries, there are a number of issues that show a weak bargaining position of Indonesia to defend its national interests besides the case of migrant workers, such as its bargaining position over reductions of state debt, border issues and the absence of extradition treaties with other countries.

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In the annual press statement of the Foreign Ministry of 2011, the Minister of Foreign Affairs Marty Natalegawa evoked the view that Indonesiasforeign policy and diplomacy would not only devoutly serve the national interests of Indonesia in 2011, but through cooperation and partnership and in all international fora, it would continue to actively seek to contribute to developing countries interests, and global societys interests. Furthermore, he emphasized that diplomacy can make a difference in helping to overcome a number of threats and challenges such as in development, climate change, global finance, the energy crisis, natural disasters, terrorism, human trafficking, people smuggling and corruption (Natalegawa , 2011). Therefore, Indonesias diplomacy is important equipment in meeting the array of challenges in the social, political and economic fields. The History of Indonesias Diplomacy Indonesias foreign policy is a reflection of its national interest as mandated in the Constitution to protect the entire Indonesian people, to promote the general welfare and participate in the establishment of a world order based on freedom, lasting peace and social justice. Therefore, it is a challenge for Indonesia to carry out its diplomacy consistently. By tracing the history of Indonesias capabilities in diplomacy, we can see a long story of the governments failures in building a strong bargaining position with other countries. In its historical development, every step of Indonesias diplomatic struggle has had its own dynamics. In the early days of independence, the challenge was certainly not easy and challenges in later periods did not necessarily come any easier. A great nation is a nation that never forgets its history. Therefore, it is very important to take lessons from the experiences of previous generations by understanding the nations history including the steps in Indonesias diplomatic experiences. Starting with the Linggarjati Agreement in 1946, Indonesia began its diplomacy with the Netherlands Government without any mediation from other countries. The Linggarjati Agreement has an important meaning for Indonesias diplomacy as the cornerstone because in the period of 1945-1950, Indonesias diplomacy faced the challenges of the international legal order that were not in line with its national interest whereby colonialism did not

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commend it (Indonesian independence); therefore, Indonesias diplomacy then was not based on arguments of international law. The Linggarjati Agreement occupied eleven negotiation processes, beginning on October 22, 1946 and ending on November 16, 1946. The Linggarjati Agreement consisted of three important points points, that (1) the Netherlands government recognized the territory of the de facto Republic of Indonesia, namely Java, Sumatera and Madura, (2) the Netherlands government should leave the territory of the Republic of Indonesia no later than January 1, 1949, (3) Both the Netherlands and Indonesia agreed to set up the Republic of Indonesia Union, and (4) in the Republic of Indonesia Union, Indonesia should be incorporated into a commonwealth with the Netherlands as the head of the union. It was a fundamental step for Indonesia to complete the Linggarjati Agreement even though some members of parliament had objections to some aspects of the agreement. The most important aspect of the Linggarjati Agreement was that it was diplomacy that was used to convince the Netherlands and the world about the existence of Indonesia as a nation. According to historian, Rushdy Hoesein, it was President Sukarno who played the significant role to end the Linggarjati negotiations and reach an agreement (Kurnianto, 2011). By looking at the political situation, it was Sukarno himself who took over the authority of the Indonesian delegation to negotiate. For Sukarno, it was extremely important for Indonesia to be recognized internationally as a sovereign state, and it was the first thing that needed to be done. At least, with the status of a sovereign state, Indonesias position vis a vis other countries would be sufficiently strong to perform all its subsequent diplomacy. A head of state needed to be decided quickly so that careful and mature consideration could be given to overcome the crucial problems faced by the nation (Kurnianto, 2011). The position of the state leader, therefore, has an important part to play in its foreign policy with other countries. As earlier mentioned, the purpose of Indonesias foreign policy and diplomacy in the first days of independence was to get international recognition and to oppose all forms of colonialism in the world. At the conclusion, the agenda of the foreign policy of Indonesia then was determined by domestic political

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interests rather than following the international pressure that was dominated by the two opposing major powers, the United States and the Soviet Union. Later, the foreign policy under President Soeharto in 1966 introduce radical changes whereupon the New Order government focused on three main objectives, namely economic development, political stability and security to overcome the spread of communism. The economic recession that occurred at the beginning of the Soeharto Administration had seen the i nflation rate soar to five hundred percent and, therefore, the governments limited ability on its own account to overcome the economic problems had to be balanced carefully with its foreign policy objectives. With international support towards its economic development an absolute necessity, it was through diplomacy that Indonesia concentrated its efforts to save the states integrity, and in this way, slowly Indonesia started to raise its economic capability. Over the 32-years of the New Order, Indonesia began to stir up its political and economic capability and in the course of time was recognized as one of the tigers-to-be of the newly industrializing countries in East Asia. As Gordon Hein mentioned, gradually but surely Indonesia began to leave its low-profile foreign policy behind and become more assertive and nationalistic in dealing with international problems (Hein, 1986). The dynamic was still going on at the time Soeharto stepped down from power in 1998 although the pace of Indonesias foreign policy tended to weaken during the 1997-1998 financial crisis followed by a social and political crisis that forced the government to focus on domestic affairs. Therefore, the approach to foreign policy that was employed by successive governments after 1998 (B.J. Habibies, Abdurrahman Wahids and Megawatis) emphasized more on efforts to rebuild and recover the image and credibility of Indonesia in front of international eyes. At the time Susilo Bambang Yudhoyono took office in 2004, the leftover unfinished political and social problems of previous governments still needed some hard work to be solved fully. Therefore, the focus of diplomacy and foreign policy under Susilo Bambang Yudhoyonos first administration was to take the same focus as the previous governments, namely, to rebuild and recover the image and credibility of Indonesia where the role of foreign policy

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was to support the economic recovery, to maintain the integrity of the state, to prevent the internationalization of separatism problems and to revive a sense of pride of the society which was thinning after the economic crisis of 19971998. The Challenge of Current Issues Besides the excellent diplomatic skills that need to be developed, the role of diplomats is also significant in strengthening Indonesias bargaining position and in communicating with other governments. As representatives of the government, diplomats also have several other particular functions, namely, the protection of nationals, as a symbolic representative and obtaining information. The protection of nationals, which involves protecting the lives and promoting the interests of nationals residing in custody under a foreign jurisdiction, or travelling abroad, is a relatively routine task, although during catastrophes or civil disorders, the role of diplomats in this capacity may become very important. Nationals have to be protected or evacuated if necessary, they must be represented by legal counsel if jailed, and their property or other interests abroad must be protected if the local government does not provide such a service. In terms of the symbolic representative, diplomats must address foreign groups and be present at all events with which their country is somehow connected, no matter how remotely. Furthermore, because information and data are the raw materials of foreign policy, the gathering of information is the most important task of the diplomat, aside from his or her bargaining activities (Holsti, 1994). By referring to these ideal functions of diplomats, the fact that Indonesias diplomatic skills are still weak cannot be denied. The frequent visits abroad by President Susilo Bambang Yudhoyono cannot be used as the benchmark of the success of diplomacy. Foreign policy that has to be established by the government is the embodiment of national interest and realistic actions. In the case of migrant workers, it has been a long story of the governments incompetency to defend Indonesian migrant workers in terms of labor regulation and labor protection. Besides, the contribution of migrant workers has been one of the drivers of our countrys economic development. Up to the first quarter of 2011, on average, Indonesian migrant workers transfer US$500

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million or around 4.5 trillion rupiah a month to their home country (Vivanews, 2011). Therefore, it is proper to call the migrant workers Pahlawan Devisa or literally foreign currency heroes, who bring a large amount of foreign exchange back home, a rather paradoxical term because a hero normally is appreciated and protected by the government (The Jakarta Post, 2007). Most migrant workers are the poor who work overseas to escape from poverty and most of them are not educated people whose migration abroad may cause some problems. In Saudi Arabia, there are about 927,500 Indonesian migrant workers that currently work as housemaids, making it the second-biggest user of Indonesian manpower after Malaysia. Due to their poor education, some of these migrant workers get entangled in legal matters and need assistance in the judicial processes. However, some Indonesian embassies in some cases seemingly act very slowly and their diplomacy looks lame and, therefore, the settlement of migrant workers problems is frequently never resolved completely until today. Most importantly, the problem of handling migrant workers lies to a large extent in poor domestic coordination between government institutions that has often left the Foreign Ministry the spearhead of Indonesias diplomacy as the loser of a blame game. As stated by Foreign Minister Marty Natalegawa, it has become more difficult to separate international affairs from domestic ones, which makes good coordination between related institutions even more crucial. In the case of migrant workers problems, the Manpower and Transmigration Ministry and the Indonesian Labor Placement and Protection Agency are other governments institutions that must be responsible for handling these problems (The Jakarta Post, 2010).It is heartening that, during 2011, Indonesia will reportedly endeavor to make significant progress through diplomacy on the issue of the protection of migrant workers (natalegawa, 2011) and likewise the Presidents announcement of the establishment of a Special Task Force to Protect Migrants Abroad. Efforts of this sort are urgently needed, if not well overdue. As to the responses to recent cases of migrant workers, President Susilo Bambang Yudhoyono has isued several instructions related to migrant workers protection where one of his instructions was the implementation of

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a moratorium on sending migrant workers (abroad), the sending of a letter to King of Saudi Arabia in protest to what was done by the Saudi Government and a further request for the remission of 27 migrant workers threatened with the death penalty. Yet, as usual, some people have felt unsatisfied with what President SBY had done because what they expected was more a kind of direct diplomacy that might influence the legal processes that are facing the migrant workers. Yet, even the king of Saudi Arabia has said that he has no authority in giving forgiveness because forgiveness can only be given by families or their heirs. A number of diplomatic efforts that have been done by the government have to realize the fact that Indonesia cannot intervene in the legal processes that are still going on in other countries. There was, anyway, an achievement of sorts for Indonesia recently, the first in about 40 years since the first Indonesian migrant workers were sent to Saudi Arabia. On May 28, 2011, Saudi Arabia finally started to sit together and signed a preliminary note to the MoU about migrant workers (SETKAB, 2011). The Saudi Government has even decided to postpone receiving Indonesian workers, a decision that came even earlier than Indonesias plan to (temporarily) suspend the sending of migrant workers for domestic jobs to the country. Furthermore, diplomacy and the nations management under the authority of President SBY has been assessed as not only weak in matters of migrant workers problems, but also in the matter of foreign debt. For years, debt drawdowns and the burden of debt on the state budget have been out of balance. Debt withdrawal is often smaller than the burden that the state budget must bear. The reason for this is the so called commitment fee which is subject to negotiation. In certain circumstances it can even be waved altogether. Invariably, though, Indonesia does not properly consider the terms of loan agreement with foreign lenders, including the negotiable commitment fee aspect. There is also the issue of tied loans, where the foreign borrower (Indonesia) has conditions imposed on it (such as being required to purchase products from or spend money in the lenders country). Evidence abounds that foreign tied debt may not only be wasteful but is utilized by creditors/donors to dictate policies that should be implemented by the Government of Indonesia. To be freed from political interference, therefore, the governments foreign policy an diplomatic efforts should focus on no longer being a willing party to tied loans

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(Monitorindonesia, 2011). In the context of economic development, where domestic investment sources are limited it requires international economic support to help in the development of Indonesia. Therefore, excellent diplomacy skills area needed to attract back foreign investors. However, stability, legal certainty, a conducive investment climate coupled with a good reputation and credibility become important considerations for the foreign investor to invest their money in Indonesia. The strengthening of economic diplomacy would encourage other countries to trust Indonesia in making investments (Waspada, 2009). Regarding border issues, basically there are two key principles to border diplomacy. First, clear borderlines will foster good relationships among the neighboring countries. Second, no country will be able to live in peace with continual conflicts happening around it. According to Prof. Hasyim Djalal, Indonesia as a country with many maritime borderlines has never slackened off in its commitment to maintain good relationships through border diplomacy. Referring to his data, Indonesia has managed to finalize 17 border treaties in the past 40 years. Yet, not all of the border problems have been solved but Indonesia keeps making efforts to hold a negotiation on the border issues that remain by prioritizing diplomacy and the good friendship principle (Deplu, 2011). According to the Vice Minister of Foreign Affair, Indonesia has conducted the maritime border diplomacy through six methods and platforms. First, Indonesia conducts a negotiation (dialogue) with neighboring countries to solve border disputes. Second, Indonesia establishes a joint border committee and a general border committee as a framework for resolving cross-border issues. These committees also facilitate the socio-economic activities of the communities within the border area. Third, Indonesia accelerates the social and economic development in the border areas by improving coordination between agencies. Through community empowerment, this would reduce the socio-economic disparities among the people living in the border areas. Fourth, the government continuously increases the domestic capacity starting from the aspects of navigation safety to maritime security. Fifth, Indonesia actively participates in multilateral negotiations on maritime issues and the law of the
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sea. And sixth, Indonesias preventive diplomacy is aimed at building mutual trust and to avoiding conflicts (Kemenlu, 2011). Another important issue related to Indonesias diplomacy challenge is the absence of extradition treaties with other countries. The extradition treaty is the commonly available legal and diplomatic channel to bring a fleeing alleged criminal back home. As we know, the non-existence of an extradition treaty between Indonesia and Singapore has allowed the escape of many Indonesian fugitives to Singapore an issue that has recently drawn the attention of the Indonesian government in the aftermath of the escape of two prominent graft fugitives (Asiaone, 2011). The government of Indonesia should push Singapore to sign an extradition treaty by making the treaty a requirement for the bilateral relationship between the two countries to continue. In terms of security and economy, Singapore is very dependent on Indonesia. But in the absence of an extradition treaty, Singapore has been reaping the benefits of illgotten money from Indonesia being spent in the country. However, although Indonesia does not have a formal extradition treaty with Singapore, Indonesia in fact formed a memorandum of understanding with Singapores Corrupt Practices Investigation Bureau which is still a government-to-government agreement (The Jakarta Globe, 2011). These issues from migrant workers problems to the absence of extradition treaties are on-going home work that the government of Indonesia needs to have done properly. Having an excellent diplomacy skill is not enough, but establishing and maintaining good coordination between government agencies also will contribute to the resolution of these problems. Furthermore, the position of a state leader to play an active leadership role in foreign policy matters and in deliberations with other countries needs always to be kept in mind. Strengthening Indonesias Diplomacy In conclusion, in order to strengthen Indonesias diplomacy, there are some recommendations which can be given as input to the government of Indonesia: 1. The government must improve the protection system for migrant

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workers employed in the informal sector and strengthen diplomatic ties in order to tackle the violence and all other forms of abuse continually suffered by many Indonesian migrant workers abroad. Therefore, the Indonesian government needs to activate intensive diplomacy to ensure that adequate protection, health, insurance and legal assistance is available to Indonesian migrant workers abroad. 2. In diplomacy, the government is required to use mind and heart to deal with the issues where it is important for the government to improve the diplomatic mechanism when dealing with target countries in its efforts to increase and strengthen Indonesias bargaining power (The Jakarta Post, 2011). 3. In the context of economic development, Indonesia should create a conducive trade and investment climate in the country where economic development in Indonesia should not be made to rely totally on export and import values. 4. To strengthen diplomacy capability, Indonesia should prepare its human resources to improve bilateral, regional, and international diplomacy. 5. As mentioned by Dr. Hasyim Djalal, there are three goals necessary for solving problems concerning border issues. First is to learn to cooperate. Second is to encourage dialog between the related parties to solve the differences. And third, is to build mutual trust, which is necessary to create a cooperative atmosphere. 6. As mentioned before, in the context of the absence of extradition treaties, the government of Indonesia should push Singapore to sign an extradition treaty by making the treaty a requirement for the bilateral relationship between the two countries to continue. -oooOoooReferences Hein, Gordon R., 1986. Soehartos Foreign Policy: Second Generation Nationalism in Indonesia, Dissertation, University of California at

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Berkeley. Holsti, K.J., 1994. International Politics: A Framework for Analysis, New York: Prentice-Hall Publishing. Human Rights the Dark Side of the SBY Administration, December 10, 2010, The Jakarta Post. Increasing RI workers Bargaining Power a Must, July 11, 2011, The Jakarta Post. Indonesia Feels Cheated by Saudi Government, June 21, 2011, The Jakarta Post. Indonesia Must Push Singapore to Sign Extradition Treaty, June 3, 2011, The Jakarta Globe. Kurnianto, Fajar. 2011, Diplomasi Indonesia di Linggarjati. http:// Fajar83kurnianto.blogspot.com/2011/04/diplomasi-indonesia-dilinggarjati.html. (Accessed on July 21, 2011). Migrant Workers send home $500 million /month, June 20, 2011, http:// us en.vivanews.com/news/read/228006-migrant-workers-send-home500-million-month (Accessed on July 9, 2011). Natalegawa, R.M. Marty, 2011. Annual Press Statement of the Foreign Minister of the Republic of Indonesia. Ministry of Foreign Affairs of the Republic of Indonesia. No Second-class Citizens, September 14, 2007, The Jakarta Post. Penjelasan Kasus Ruyati dan Pembenahan Sistem Perlindungan TKI (Explanation of the Ruyati Case and the Tidying up of the Indonesian Workers Protection System), June 28, 2011, http://www.setkab. go.id/index.php?pg=detailartikel&p=215 (Accessed on July 22, 2011). Penjelasan Kasus TKI Alm. Ruyati binti Satubi dan Kabijakan Tentang Ketenagakerjaan. Keterangan Pers Presiden Republik Indonesia.

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(Explanation of the Indonesian Worker Abroad CaseThe late Ruyati binti Satubi and Manpower Policy: Press Statement of the President of the Republic of Indonesia. Junr 23, 2011. http://www. setkab.go.id/index.php?pg=detailed. Accessed on July 22, 2011). Poor Coordination Risks Diplomacy, December 30, 2010, The Jakarta Post. RIs Commitment to Border Diplomacy Never Slackens Off, June 23, 2011. http://www.deplu.go.id/Pages/News.aspx?IDP=4927&l=en (Accessed on July 11, 2011). RI Needs to Strengthen Economic Diplomacy, July 2, 2009, http://www.waspada.co.id/index.php?option=com content&view+article&id=32279:ri-needs-to-strengthen-economicdiplomacy&catid=30:English-news&itemid=101 (Accessed on 11 July 2011). Singapore not Serious about an Extradition Treaty: Indonesia Speaker, July 3, 2011, http:/www.asiaone.com/News/Latest+News/Asia/Story/ A1Story20110703-287296html (Accessed on July 22, 2011). Tidak Hanya Masalah TKI, Soal Utang Diplomasi SBY Lemah (Not Only Indonesian Workers, On Debt SBYs Diplomacy is Weak.), June 20, 2011. http://monitorindonesia.com/?p=34473 (Accessed on July 22, 2011. Vice Minister Deliver a Speech on the Indonesian Maritime Border Diplomacy, June 23, 2011, http://www.kemlu.go.id/kuching/Pages/ News.aspx?ID=4924&l=en (Accessed on July 13, 2011).

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The Political Participation of Indonesian Women Migrant Workers and A Migrant Workers Group as Problem Solving Action on the Violence against Indonesian Domestic Workers
Ana Sabhana Azmy, Graduate of the Graduate Study of Political Science, the University of Indonesia

T
Gender Men Women Total

he poverty and joblessness in Indonesia are intimately related to the sending of Indonesian migrant workers abroad. Indeed, these two conditions have a profound influence over the growing trend for the poorest members of Indonesian society to work abroad to fulfill their needs. The International Organization for Migration (IOM) has observed that women have dominated as the Indonesian labor migrant since the New Order period, as shown in the table below: Table 1 Indonesian Labour Migrants by Gender1
% 44 56 100 2000 Total 137,949 297,273 435,222 % 32 68 100 2004 Total 84,075 296,615 380,690 % 22 78 100

1996 Total 228,337 288,832 517,169

2007 Total % 152,887 22 543,859 78 696,746 100

Source: BNP2TKI (National Authority for the Placement and Protection of Indonesian Overseas Workers), (2006). Table 1 shows in fact the marked domination of women over men in Indonesian migrant workers. Considerably more women work in the informal sector than
1 Labor Migration From Indonesia; An Overview of Indonesian Migration to Selected Destinations in Asia and the Middle East, International Organization for Migration, Indonesia, 2010, p.9, accessed from http://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/ Final-LM-Report-English.pdf, August 21, 2011, 10.00 AM.

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the formal sector, and mostly as domestic workers. The tasks of domestic workers and nannies are in great demand by various recipient countries, especially in Asia and the Middle East as the biggest recipient countries of Indonesian workers, as the table below shows: Table 2 Placement of Indonesian Labour Migrants by Major Destination Country in 20092 No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Destination Country Malaysia Singapore Brunei Darussalam Hongkong SAR Republic of Korea Japan Taiwan province of China Saudi Arabia Kuwait UAE Bahrain Qatar Jordan Oman Total 222,198 37,496 5,852 29,973 3,830 96 50,810 257.217 25,756 28,184 2,267 10,449 12,062 7,150

Politics and Human Rights

Source: BNP2TKI (National Authority for the Placement and Protection of Indonesian Overseas Workers), (2009). The Table 2 above shows that Malaysia and Saudi Arabia are by far the largest recipient countries for Indonesian migrant workers. Globalization presents two factors of Indonesian women migration, there are push and pull factors. The push factor is indicated by the difficulties women have in accessing jobs inside the country, take for example, the case of the green revolution impact during the New Order. The implementation of industrialization and technology in the agricultural sector caused women to be excluded from the farm. The feminization of poverty happened and working abroad as domestic workers became the first choice for women to meet their needs. Meanwhile, from the pull side, many countries of destination,
2 Ibid,p.9.

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especially countries that are fast advancing economically, such as Malaysia, have a deep need for domestic workers which Malaysian citizens no longer wish to fill. The labeling of women into the domestic sector has seen the placement of Indonesian women migrant workers gradually increase, yet, for some countries, the increase has been quite substantial indeed.3 However, for decades already, this placement has not been followed up by good protection from the pre-placement, placement and post-placement institutions that have the responsibility to educate and protect them. In fact, Indonesian women migrant workers have become marginalized both at home and abroad and neither are they linked to the mainstream economies of the receiving countries, especially in rates of pay and working conditions. The violence that often occurs on domestic workers such as Nirmala Bonat (2004), Ceriyati (2007) and Siti Hajar (2009) in Malaysia, also the death sentence case such as Ruyati (2011) in Saudi Arabia, present a bag of questions into the Indonesian migrant workers protection policy. Protection of Women Migrant Workers and a Migrant Workers Group There are two actors in issues of public policy, the formal actor and the informal actor. The formal actor is indicated by the executive, legislative and judicative body that are explicitly written into the Constitution. Meanwhile, the informal actor in the public policy-making process is indicated by the actor who is involved in the policy process without any legal authority or capacity to participate directly. The informal actor has the same role as the formal actor, which is to protect and move forward, because the government system cannot run well without the participation of the informal actors (Birkland, 2011). In the context of protection policy relevant to Indonesian women migrant workers, the informal actor is indicated by a migrant workers group and the migrant workers themselves. The Non Government Organizations (NGOs), the Workers Association, the Workers Union and others are the informal actors
3 The increasing number can be seen from the data on the placement of Indonesian migrant workers from the Ministry of Manpower and Transmigration, Indonesia, 2010. From these data, in 2008 there were 60,208 migrant workers of the informal sector in Malaysia , the biggest of the employing countries in Asia. In 2009, there were 39,047 migrant workers of the informal sector in Malaysia. The decrease in these numbers was an expected implication of the two-year moratorium on Malaysia (the temporary stopping of sending migrant workers from Indonesia), but since then there has been a return to the usual pattern. In Saudi Arabia, on the other hand, there were 170,728 migrant workers in the informal sector in 2008 which was followed by a dramatic increase to 272,676 in 2009.

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that have or can influence the protection policy for women migrant workers. The basis for political participation in a democratic country is a political equality for each individual, including the formal and informal actors, in the policy-making process. Migrant CARE as the NGO and part of the migrant workers group have said that the only political participation they have had is attending public hearings in the House of Representatives. In this case, the protection of women migrant workers that they offer in the policy process, it is assumed, will be taken care of by the government in its protection policy, and meeting the interests of many people. Migrant CARE also stated that there are people involved in the recruitment companies of migrant workers who are also elected members of the legislative body.4 Besides Migrant CARE, there is the Association of Indonesian Migrant Workers (ATKI)5, the migrant workers association which consists of those persons who have completed their work abroad. They stated that they have never been involved in the making of protection policy on Indonesian women migrant workers. The effect of this is a policy that never even starts from the needs of women migrant workers in placement countries, especially for the domestic workers. In several public hearings, ATKI was permitted to just sit on the balcony without ever being given a chance by government to convey their opinion about the protection needs during pre-placement, placement and post-placement.6 The Indonesian Migrant Workers Union (SBMI), the migrant workers group that was established in 2003, also stated that they have never been involved in the policy-making process. They stressed that the government never lets them participate in deciding necessary things for the Indonesian migrant workers, such as the cost structure, insurance and other important things for the welfare of Indonesian women migrant workers.7 The women migrant workers that have come home from working abroad, have themselves stated that the local government never lets them participate
4 2011, 16.00 PM. Interview with Nur Harsono, The Division Advocacy of Migrant CARE, June 23,

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5 ATKI is an association that was established by ex-migrant workers, especially in Hongkong, Singapore and Taiwan. They are the representatives of migrant workers who had felt the practice of the protection policy implementation to migrant workers. 6 7 Interview with Retno Dewi, ATKI, Jakarta, June 23, 2011, 18.00 PM. Interview with Jamal, SBMI, June 25, 2011, 19.00 PM.

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in public policy that concerns migrant workers, yet the women migrant workers are the informal actors who know the real condition - from first hand experience - during their working abroad. Let alone the head of the regency/ district, even the smallest organization, the neighborhood association, never has time to listen to the field experiences (including what their employers did to them) of the real actors.8 Political participation is one of the values that have to be implemented in a democratic country such as Indonesia. Anne Phillips stated that political equality, accountability and justice is the best practice of democracy (Phillips, 1995). The participation of the informal actors, the women migrant workers and the migrant workers group, in the policy formation process is an important issue, not only in the context of democratic best-practice, but particularly if we are at all serious about the far-too-common deplorable situations facing Indonesian informal workers working abroad. It is regrettable that Migrant CARE also sees a lack of women migrant workers consciousness to participate in the political process. The problem is compounded by the lack of interest by the local and central governments. The effect of the non-involvement of women migrant workers and the migrant workers club in the policy process has been an escalation of violence and other forms of abuse against Indonesias migrant workers during 2004-2010. Migrant CARE has attempted to quantify the numbers involved: Table 3 Data on Violence Perpetrated on Indonesian Migrant Workers In Selected Placement Countries, 2004-2010
State Malaysia Saudi Arabia Singapore Jordan Kuwait Hongkong Taiwan United Arab Emirates Total Total selected countries 2004 4 3 2 9 2005 7 7 2006 19 5 1 1 26 2007 58 55 4 8 6 4 5 1 2008 37 53 14 10 5 6 6 2009 1,748 1,048 16 1,004 784 78 103 533 5,314 2010 1,000 5,563 3 5 2 2 8 5 6588 Percentage of Women and Man 2004 = 90 % of women and 10 % of men. 2008 = 82 % of women and 18 % of men. 2009 = 97 % of women and 3 % of men. 2010 = women had reached 5,653 and men 679 [6,332].

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141 131 12,216 persons

8 Interview with four women migrant workers that had come back from working in Malaysia. The interview was done at Condet, East Jakarta, April 9, 2011, 17.00 PM.

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Source: The Database of Migrant CARE (2004-2010) that came from the complaints of victims and the data of BNP2TKI, Ministry of Manpower and Transmigration, also Indonesian Embassies. * those numbers are the Indonesian migrant workers in Malaysia who died

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Joni Lovenduski has written about two things that need to be present in a democratic country in order for women to have an important role in the policymaking process: 1. A womens movement. This movement is important to present the political representation. In terms of women migrant workers activities, this movement can have a meaning by presenting the migrant workers community points of view in the local and central government. 2. A womens policy agency. The attention of the State, according to Joni, can best be obtained by developing State agencies to protect the rights and status of women, in this case, by way of a womens policy agency (WPA). Joni defines the presence of a WPA in a country as State Feminism, as the advocacy for women movement demands in the State (Lovenduski, 2005). About the womens movement; it is necessary to examine first the existing womens movements, especially those that claim to cover women migrant workers in Indonesia. This thing will be labeled to represent only a minimum of the women migrant community and be built up autonomously, even at the local and central government level. The advocacy member of Migrant CARE stated that there would be many roles from the migrant workers community itself, sufficient in fact, to develop their own empowerment. Unfortunately, this type of thing is still not guaranteed by government. Besides, the political will of legislative members to accommodate and pay attention to an Indonesian migrant workers association still can not be seen. There is no goodwill from government that listening to the experiences of women migrant workers who had previously worked abroad and returned to Indonesia is a necessary thing in the policy-making process.9 The problem faced nowadays by the women migrant workers movement, aside from power, is the unity of vision and mission to womens empowerment in the bigger districts of
9 2011, 16.00 PM. Interview with Saipul Anas, The Division Advocacy of Migrant CARE, June 23,

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Indonesian migrant workers. To 2010, the empowerment of women migrant workers that are located in the several districts is still mostly in the hands of various migrant workers groups such as Migrant CARE, ATKI and SBMI: - The SBMI is active in doing critical empowerment by making action and dialogues with the government. So far the government has not given any answers to the dialogue efforts. SBMI does the education and socialization for the pre-placement, placement and post-placement in various districts such as NTT, NTB, Java and others in order to make migrant workers stand autonomously.10 ATKI makes thorough research on the problems that are faced by migrant workers until it gets some information. Based on that information, ATKI could socialize what is actually needed by the migrant workers so that the women migrant workers can participate. The ATKI starts from their needs and increases their consciousness.11 Migrant CARE does the socialization in the various districts, such as Kebumen, Cilacap and East Java.12 In that socialization, Migrant CARE gives the education and insight to the migrant worker candidates. Migrant CARE actively visits the various districts to meet relevant organizations there to give guidance.

The active involvement of women migrant workers in the policy-making process of the protection policy of Indonesian migrant workers would indicate the success of democratization in Indonesia. The needs of protection of the women migrant workers, however, can only be delivered if they sit as insiders in the policy-making process. As a democratic system, Indonesia currently has no agency for taking care of

10 Interview with Jamal, Head of SBMI, June 25, 2011, 19.00 PM. He said that the training that uses migrant workers money can only be done at the pre-placement step, not at postplacement. 11 12 2011, 16.00 PM. Interview with Retno Dewi, ATKI, June 23, 2011, 18.00 PM. Interview with Nur Harsono, The Division Advocacy of Migrant CARE, June 23,

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womens policy 13 that is integrated into any government agency. Indonesia has the National Commission on Violence Against Women as the national commission that takes care of women against possible violence, and the institution is independent and not a part of a government body. The existence of a womens policy agency in the state is a necessity to show that the government pays good attention to women. Lovenduski calls this state feminism. Lovenduski mentions four indicators of the typology of a womens policy agency. In her opinion, if the agency is put into the goals of a movement and succeeds in putting the gender policy definition as the dominant frame of debate, it is classified as an insider. Moreover, if the agency is put into the goals of a movement but does not succeed in gendering the policy debate, then that is classified as marginal. Next, if the agency does not advocate the goals of a movement but genders the debate in some cases, it is classified as non-feminist. Lastly, when the agency does not advocate the goals of a movement and also does not gender the policy debate, it is classified as symbolic (Lovenduski, 2005). The political participation of women migrant workers and the migrant workers group is still at the stage of attending public hearings only, showing that both are still marginal in the eyes of the government. The government allows the migrant workers group to participate in public hearings but the migrant workers group and the women migrant workers movement have not reached the protection point (gendering the policy) of the protection policy established by the government. There are several obstacles in the political participation that cause the migrant workers groups failure to gender the policy: 1. The internal obstacle: the effort to create a consciousness of the Indonesian migrant workers, especially for women that they have a political right that has to be given by the government and they got it. The majority of the Indonesian migrant workers come from poor families, and they tend to focus their efforts to look for money in that day than do some action or demonstration to ask for their political rights in the form of protection by the government.14 The knowledge
13 The meaning of agency here belongs to the theory of Lovenduski, which says that the women agency can be multishaped and its existence can be a symbol that the demands of women toward a representation can be known by many people. 14 Interview, Retno Dewi, ATKI, June 23, 2011, 18.00 PM.

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that has been given to Indonesian migrant worker candidates by various migrant workers groups disappears when they have stay in vocation centers because of the strong doctrin enforced on them by the private recruiting companies.15 2. The external obstacle: the weak political will of the government that does not give room for the women migrant workers and the migrant workers group to participate actively in the political process. This can be seen from the fact that the local administrations do not have any inclination to look for some women migrant workers that have come home from working abroad and listen to their experiences. The migrant workers group also is just classified as marginal based on Lovenduskis typology of agency. It is because they can not be put into the protection point of the policy even though they did the action and sat in public hearings. Besides, there is a statement from one of the formal actors that the majority of women migrant workers are passive and can not be taken into the policy-making process. It is true that the majority of women migrant workers come from poor families, but the government has to understand that the women migrant workers empowerment efforts that includes the raising of consciousness of them is one of their necessary responsibilities toward migrant workers.16 These obstacles show that the political representation is not yet equal and is biased systematically, also tends more to the side of citizens with special rights (Lijphart, 2008). The majority of the citizens that have special rights are those who sit in the circle of power, such as government officials and businessmen. The statement of President Susilo Bambang Yudhoyono where he hoped that the Indonesian society would not become migrant workers, especially migrant domestic workers (news.okezone.com, 2011) was out of touch with reality on the ground. The employment condition, the womens low level of education,
15 2011, 16.00 PM. Interview, Saipul Anas,The Division Advocacy of Migrant CARE, June 23,

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16 The head of BNP2TKI (the National Agency for the Placement and Protection of Indonesian Migrant Workers), Jumhur Hidayat in an interview with the writer stated that women migrant workers are passive and can not be included in the policy-making process. This indicates that the government has not yet paid attention to the importance of women migrant workers participation in the policy-making process for the sake of their protection.

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poverty and the labeling that domesticity was a womans job, left working abroad as the only choice to raise the quality of life of many women. An effort to solve problems by giving cell-phones to the women migrant workers who worked in Saudi Arabia, also indicated that the President does not understand the real reasons for the violence perpetrated on women migrant workers in the informal sector. The difficulty of women to enter and participate in the policy-making process, as stated by Iris Young (Young, 1997), is really relevant to the integration of capitalism and patriarchy. The way out of the violence caused by patriarchy and capitalism is that the women have to be organized autonomously for the sake of having the power to make decisions. Only with the autonomy of the womens movement can women unite to face the domination of men (Young, 1997). The relevance of patriarchy and capitalism is that they make the women migrant workers really important for the economic circle, but not in the political participation, because women are judged only in terms of domesticity. The Implementation of Protection Policy without Womens Political Participation The absence of political participation in the policy-making process has the serious effect of the protection policy formulation paying little or no attention to the quality of the protection. The protection process so far still lives with various forms of violence, economic, physical and others. In the period of pre-placement, the women migrant workers face various problems, among others, the recruitment payment (by the candidates) to the recruiting agent is more than the payment that has been standardized by the government; getting false information from the recruiters; if the candidates are unable to turn up; the falsification of names and ages of candidates by the recruitment agencies (PPTKIS/Private Placement Companies); the visas are not working visas but travel visas; the absence of good training based on the their capabilities in the pre-placement period. In the placement process, women migrant workers have several problems too, such as: their salaries are not paid by their employers; the absence of a day off once a week; interferences from human traffickers; sexual abuse, rape; their passport being kept by their employers, being paid a less than other migrant

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workers; the prohibition to associate with organizations; not being given meals as good as they should be; extending working hours beyond what they should be; extending the contract without even the consent of the workers; the forbidding of communication with others; dismissal from work without the agreement of both sides (employer and migrant worker), and others (Susilo, 2002). The last process is the post-placement. In this process, the government should assist returning migrant workers (especially the women) wherever possible and empower the women not only about the use of money they get from working abroad, but also give advice as to their political rights to be involved in the policy-making process and to be protected by it. Several problems that are known to occur during this process are: extortion by some staff at the airport,17 the women migrant workers are forced to use the transportation that have been prepared by terminal staff,18 the airport service is overly bureaucratic and unfriendly while physical and emotional violence at the airport, such as shouting, posing a threat and so on are something common. In the first period of President Susilo Bambang Yudhoyono, the number of registered Indonesian migrant workers employed overseas increased significantly from 380,690 persons in 2004 to 474,310 persons in 2005, and 680,000 persons in 2006. This number increased to 696,746 persons in 200719 and decreased (as a direct result of the global economic crisis) in 2008 to 568,803 persons and rose again to 630,748 persons in 2009 (Ministry of
17 This is an experience of one Indonesian woman migrant worker that had just returned from working in Malaysia. She said that she was extorted by airport staff who forced her to pay Rp700.000. After getting the money, the staff allowed her to go home with her family. The interview was done at Vocational Training (BLK) location at Rawajati, Condet, East Jakarta, April 9, 2011. 18 When she came back from Kuala Lumpur, Malaysia, the writer met with a woman migrant worker that had finished her work in Malaysia as a domestic worker. She was willing to follow procedures and come out from Terminal 2. She stated that the transportation prepared by the airport staff to go to Cirebon was too expensive. Also, there were some staff who asked for a sum of money at the baggage collection area. While she came out from Terminal 2, one of the staff that happened to know that she was a migrant worker told her, forcefully, to go back and exit through Terminal 3. 19 Here, we can see that the data of BNP2TKI and the Ministry of Manpower and Transmigration for 2007 at least are not the same. Table 1 (BNP2TKI) shows that there were 696,746 Indonesian migrant workers in that year. Meanwhile, the data of the Ministry has 696,344 in 2007. The important thing to note is that the numbers of Indonesian workers being sent abroad become bigger year after year. Between 2004 and 2009, the increase was almost 60 percent. A more general point is that there are often major discrepancies in the data publicly available in the media - for both the number of migrant workers and their remittances from abroad - and is the cause of some confusion. The data shown in this paper record only those persons officially registered with the authorities.

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Manpower and Transmigration, 2011). The numbers show that the placement of Indonesian migrant workers, especially women who work in the domestic sector, are really contributing to the reduction of joblessness in Indonesia and is also materially helping the economy of Indonesia by the currency from their placements.20 It is undeniable that the government has given a degree of attention to the protection policy for migrant workers. On the other hand, the absence of political participation of the women migrant workers and the limited political participation by the migrant workers group, those that have the knowledge and the experience, has resulted in the policy formulations to be still far short off the level of protection that could be considered as adequate. Several existing policies are: A. Presidential Regulation (Perpres) No. 81, 2006 on the establishment of BNP2TKI which in its operational working structure involves some elements of the central government related to the service for Indonesian migrant workers, among others, the Foreign Ministry, Transportation Ministry, the Manpower and Transmigration Ministry, the Police Force, the Ministry of Social Affairs, the National Education Ministry, the Ministry of Health, Immigration (the Ministry of Legal and Human Rights), the Secretary of State Affairs, etc. B. Presidential Instruction No. 6, 2006 about the policy of reform of the system of the Placement and Protection of Indonesian Workers Abroad (TKILN). The instruction was made by the instruction of President Susilo Bambang Yudhoyono to the related ministries as an output of the grievances of Indonesian migrant workers who worked in Malaysia and Qatar. However, during its formulation no migrant workers organizations and migrant workers were invited to participate, so that it does not contain social protection on the needs of Indonesian women migrant workers. The important point of the instruction on migrant workers placement was that the system was simplified and
20 The Center for Research, Development and Information (Puslitfo) BNP2TKI notes that the remittance from Indonesian workers in 2006 were US$5.56 bil., in 2007 they were $6.00 bil. and $8.24 bil. in 2008. In 2009, the remittances were $6.62 bil. and $6.69 bil. in 2010. The remittances show the important role played by the Indonesian migrant workers in the national economic cycle. Some analysts and policy makers also make the interesting observation that the government should seek to increase the number of Indonesian workers earning abroad so that their currency remittances help reduce the volatility in the Indonesian Rupiah.

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introduced a decentralized placement service for Indonesian workers thereby improving both the quality and the the quantity of migrant worker candidates. On protection, an effort was made to strengthen the functioning of the Republic of Indonesias representatives in placement countries but did not consider the strengthening of the migrant workers themselves. C. Presidential Decision No. 2 of 2007 on the establishment of the BNP2TKI with Muhammad Jumhur Hidayat as its chairman. As a matter of fact, the presence of the BNP2TKI is even considered a nuisance for the migrant workers since there are now two points for recruitment, those are the Ministry of Manpower and Transmigration and BNP2TKI. D. Permenakertrans No. 14 of 2010 deliberating on the division of responsibility between the Ministry of Manpower and Transmigration as the regulator and the BNP2TKI which is in charge of the operation. This Ministers Regulation came out after three years of problems (the BNP2TKI was established in 2007) and after the Indonesian migrant workers were deeply troubled. E. Permenakertrans No. 7 of 2010 on the insurance for Indonesian workers. This Permen is a revision of the previous Permen on insurance of 2008. The coverage and content of this insurance is in fact not known to many migrant workers, especially the women workers (according to an interview with a former Indonesian women migrant worker in Malaysia). Moreover, the workers have to foot the bill for the insurance premium, as much as Rp400,000, without the agreement of the workers themselves during the formulation of the policy (and without the participation of the workers).21 The various protection policies towards Indonesian migrant workers, especially women, however are not based on the ratification of CEDAW (convention on the elimination of all forms of discrimination against women) by the Indonesian government in 1984. By the ratification, the government acknowledged the rights of women and respected the justice of gender and non-discrimination towards women. The absence of CEDAW makes the bills
21 various research data: government ministries and NGOs in Indonesia.

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that have been passed into law since Law No.39/2004 about the Placement and Protection of Indonesian Workers Abroad being made without regard to the protection needs of women migrant workers. James Anderson states that in public policy, some groups will have more access than others and public policy at any one time will reflect more the interests of the dominant persons (Anderson, 2011). The labeling of domesticity toward the women migrant workers deprives them, therefore, of an important position in the protection policy-making process and indeed they will have even less access than the group of formal actors such as the government and the recruitment agencies. Conclusion The political participation of the migrant workers group that just sits on the stage of public hearings at the House (RDPU) shows that the government consciously goes out of its way to limit political participation in the democratization of Indonesia, which places the women migrant workers and the group of migrant workers in the marginal position and not an insider in the protection policy-making process. The obstacles to political participation come from the two factors, internal and external. The minimum political participation from women migrant workers and the group of migrant workers in the protection policy process causes much of the violence, and it can not be solved and there is very little progress year after year. The cause of the absence of women in the protection policy process is the stereotype that the place of women is in the domestic area and not in the public area, such as participating in the policy-making process. Moreover, the statement of the head of BNP2TKI who alleged that the Indonesian women migrant workers can not possibly follow in the policy-making process, makes the basis of the policy one that will never meet the needs of women migrant workers. The empowerment of women migrant workers autonomously is in fact really important so as to allow the consciousness of their political rights to grow, including the right to participate in the policy-making process. -oooOooo-

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References Books Anderson, James, Public Policy Making: An Introduction, Seventh Edition, Wadsworth: USA, 2011. Birkland, Thomas, An Introduction to the Policy Process: Theories, Concepts and Models of Public Policy Making, Third Edition, ME Sharpe: New York, 2011. Komnas Perempuan (National Commission on Violence Against Women), et el., Unsatisfactory: Reform Impeded by the Bureaucracy. Notes on the Preliminary Monitoring of Presidential Decree No. 06/2006, Jakarta, 30 August 2006. Lijphart, Arend, Thinking about Democracy: Power Sharing and Majority Rule in Theory and Practice, Routledge: New York, 2008. Lovenduski, Joni, State Feminism and the Political Representation of Women, in Joni Lovenduski, et al., State Feminism and Political Representation, Cambridge University Press: UK, 2005. Phillips, Anne, The Politics of Presence, Oxford University Press: New York, 1995. Young, Iris Marion, Socialist Feminism and the Limits of Dual Systems Theory, in Rosemary Hennessy and Chrys Ingraham (Ed.), Materialist Feminism, A Reader in Class, Difference, and Womens Lives, Routledge: New York, 1997. Others The data of the National Agency for the Placement and Protection of Indonesian Migrant Workers, Ministry of Manpower and Transmigration, 2010. http://www.bnp2tki.go.id/berita-mainmenu-231/berita-foto-mainmenu31/4054-sejarah-penempatan-tki-hingga-bnp2tki-.html

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Labour Migration From Indonesia: An Overview of Indonesian Migration to Selected Destinations in Asia and the Middle East, International Organization for Migration (IOM), Indonesia, 2010, accessed August 21, 2011, 10.00 AM. from: http://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/ Final-LM-Report-English.pdf Indonesian Overseas Worker Data Final, Ministry of Manpower and Transmigration RI, accessed on March 5, 2011, 08.30 AM. news.okezone.com. SBY Berharap Tak Ada Lagi WNI Jadi Pembantu, April 13, 2011, accessed on June 27, 2011, 10.00 AM. Wahyu Susilo, Kekerasan terhadap Buruh Migran Perempuan Indonesia (Violence on Indonesian Women Migrant Workers), Jurnal Perempuan No. 26, Yayasan Jurnal Perempuan: Jakarta, 2002. Interview with four women migrant workers that had come back from working in Malaysia, Balai Latihan Kerja, Condet, East Jakarta, April 9, 2011, 17.00 PM. Interview with Jamal, SBMI, June 25, 2011, 19.00 PM. Interview with Nur Harsono, The Division Advocacy of Migrant CARE, June 23, 2011, 16.00 PM. Interview with Retno Dewi, ATKI, Jakarta, June 23, 2011, 18.00 PM. Interview with Saipul Anas, The Division Advocacy of Migrant CARE, June 23, 2011, 16.00 PM.

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Happy 44th Anniversary, ASEAN!


Tatat Sukarsa, Researcher, The Habibie Center

n August 8, 2011 ASEAN toasted its 44th anniversary, a matured age for an organization. According to a press release of the ASEAN Secretariat, the 44th anniversary was an historic one of its own since on that day the ASEAN flags were hoisted simultaneously in all member states of ASEAN at 8:30 AM local time. At the commemoration of ASEANs 44th anniversary, the President of the Republic of Indonesia, Susilo Bambang Yudhoyono delivered a 30-minute general lecture, followed by the opening of ASEANs batik exhibition by Minister of Foreign Affairs, Marty Natalegawa (http://suaramerdeka.com). According to what the media reports, ASEAN nowadays has come to a very significant point in its development. ASEAN Secretary-General Dr. Surin Pitsuwan, said that ASEAN had taken on an important meaning in the development of Asian countries. President Yudhoyono predicted that ASEAN states would have 5.7-6.4 percent economic growth this year (http://www1. antaranews.com). Unfortunately, such a condition does not automatically have the effectof increasing the level of prosperity of the ASEAN states people. In Jakarta, for instance, as the capital of ASEAN, anyone can find many poverty pockets amidst the luxurious skyscrapers. There are also claims that the various co-operations which have been created within the frame of ASEAN have been having a positive effect on the ASEAN

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member states economies. Let us see the impact of the ASEAN-China Free Trade Agreement (ACFTA). Around 40,000 factory workers in West Java are threatened by lay offs as an effect of the implementation of the ACFTA which have devastated the domestic competitive edge (http://www.solopos. com). Some circles in Indonesia emphasize the need of a renegotiation of the agreement. The question is, can it be done? In the May, 2011 ASEAN Peoples Forum, one of the speakers from Vietnam alleged that Vietnam had benefited from the implementation of the ACFTA, while other speakers from Indonesia, the Philippines, and Cambodia, said that their countries were clearly damaged by the ACFTA. The conflict solution mechanism in the ASEAN is also never used by the member states to seek a solution to various conflicts that occur between them, for instance, the several border conflicts. Several border conflicts are still in the process of solution through bilateral means. The most recent border conflict was followed by an exchange of gunfire between Cambodia and Thailand. Indonesia, the 2011 chairman of ASEAN, tried to mediate to have the conflict resolved quickly. Unfortunately, the common feeling as ASEAN fellow member states that have to safeguard the regional security stability is not yet fully built between the two sides of the conflict. Each national interest is still above all other considerations. In the matter of migrant workers, the ASEAN member states like Indonesia and the Philippines are the biggest sources of migrant workers in the world. According to the International Organization for Migration (IOM) report, in 2010 there were 4,473,000 migrant workers in SE Asia with 2,358,000 in Malaysia, 1,967,000 in Singapore, and 148,000 in Brunei Darussalam. However, protection, advancement and treatment of migrant workers in ASEAN are still far from the minimum international standard. Negotiations that have been going on since 2008 on formulating the Framework Instrument to regulate the workers rights of protection is at a standstill, even faces a dead-end. Some ASEAN members rejection to guarantee protection for the migrant workers families and those who do not have the documents as well as the legalistic character of the instrument, are considered issues that will only hamper the negotiations (http://www.hrwg.org). Indonesia, as the chairman of

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ASEAN this year and as one of the biggest sources of migrant workers itself should keep on pushing the ASEAN migrant workers protection mechanism to be implemented since it would have a very big impact on the improvement of Indonesian citizens protection abroad, and the acknowledgment of ASEAN at the grass roots level. Lastly, in connection with one of the points of the ASEANs purpose, that ASEAN will endeavor for the creation of a people-oriented ASEAN community, it will be hard to accomplish if the activities to socialize ASEAN will be done at the elite level only. Government officials, university students, NGO activists, they might have enough knowledge about ASEAN development. How about the street vendors, garbage collectors, farmers at the far corners of East Java or the indigenous communities in Papua? Effective socialization is something that must be continuously done at the grass roots level of ASEAN societies. The socialization and the acknowledgment of the ASEAN communities will automatically occur if the communities have enjoyed the benefit of having ASEAN in their lives. For this, it is high time for the implementation of all ASEANs mechanisms and cooperation that relates to the needs of many people if ASEAN really wants to build the people-oriented ASEAN community. -oooOooo-

Reference http://www.hrwg.org http://suaramerdeka.com http://www1.antaranews.com http://www.solopos.com

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Politics and Human Rights

Villages in the Future of Regional Autonomy


Adhi Darmawan, Researcher, Social Activist

urrently, the Act 32/2004 on Local Government is undergoing revision. Furthermore, Law 32/2004 will be split into three separate Acts which now is in the phase of draft formulation, namely the Bill on Local Government, the Draft Law on Regional Elections of Regional Head, and the Bill on the Village. Of course, the revision of Law 32/2004 creates a new hope, but the results of the evaluations show only that the implementation of regional autonomy still creates many loopholes. The evaluations of regional autonomy conducted in several regions in Indonesia show that there have been a decline in the quality of infrastructures, a deterioration compared to the previous era. The regions administrations are only capable of developing areas that have good quality of Human Resources and Natural Resources that are well-managed.1 Areas that do not have both

the qualities are just a burden on the society by prioritizing local income from taxes and charges alone. In general, one of the weaknesses of the implementation of regional autonomy is that all matters that the central government delegates to the regions is done without considering the ability of local actors. Consequently, there is an accumulation of work loads in many areas with a heavy impact on their public
1 Provincial Governments are given authority to manage existing natural resources within its territory, especially marine resources. Local governments, too, will also benefit from the division of revenue from these sources, though not the rights to manage it.

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services. A below-average quality in regional leadership, also determines or has impact on the capability of the region. Even if it is true a village has a right to autonomy, autonomy of the village, but the good and bad implementation of regional autonomy in the district/city also has an effect on the good-bad quality of government services given by the village where it is the village that has the direct contact with the community. The question is, what should be the format of the future village, or how do we build an administration that has a direct contact with the public, while the regional autonomy that has been implemented at the district/city level remains a serious problem? The Future of Rural Development In accordance with Law 32/2004 on Regional Government, the Republic of Indonesia (NKRI) is divided into areas of the provinces, and the provinces are divided into districts and cities. Each province, district and city has its own government, where the pressure point is on the regional autonomy and the City / District Government.2 In terms of regional autonomy, for rural development we need to place it on the basis of judicious thinking in line with Article 1, paragraph 12 of Law 32/2004. Most government affairs under the authority of the villages are derived from the districts/cities. At this point, the guidance and supervision for the village governments are also the duty and responsibility of the district heads or city mayors. Speaking of the future of the village, we must see it from the perspective of local governance, as stipulated in article 2, paragraph 3, that the end goal of the regional administration is to increase the welfare of the community, by providing better public services, and improving regional competitiveness. Whatever the national government wants to accomplish in the future for the villages, the basics of rural development will remains the ultimate objective of all regional administrations. The districts/cities are the party designated as the builders and supervisors of the village governments.3
2 It seems that in developing a strong discourse today, the next pressure point is the regional autonomy in provincial areas, no longer in regency / city. 3 Under the revision of Law No 32/2004, it is expected there will be a stronger focus on the

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Through the guidance and supervision, it is expected that the implementation of government affairs under the authority of the villages like finance, resource management, village government officials, village cooperatives, as well as the implementation of the principles of rural area development can be integrated and synergized with a variety of policies to achieve the objectives of local governments by empowering its local wisdom.4 Rural development in the future should adhere to the principle of service in local governance. This is because a village is the backbone of the implementation of the objectives of the regional government. The success of the village is a reflection of the success of governance at the district/city level. Where this fits into the spirit of the Constitution is the duty and responsibility of the Regent/ Mayor. In this context, improving the system and relationship between regional leadership and the village leadership is a must. Therefore, one critical success factor in the effectiveness of the government is the good relationship between the head of regions with the other components of government, with his deputies, with the local parliament, with the village head, and so on. The good quality of leadership in rural areas would also be greatly needed in this regard. Regional and village leadership must be successful in improving the regional economy. This step is necessary in order to avoid deterioration of regional capabilities in providing basic community services such as education, health care and basic infrastructure. Intelligence, honesty, creativity, and commitment to build are a few of the major capital required here. -oooOooo-

Politics and Human Rights

national interest and the essence of unitary government. Emphasis will be placed on the supervisory role of governors (provinces) as regional representatives of the national government. In turn, cities / districts will be responsible to governors, and villages will be responsible to cities/districts. Cities and districts will also lose responsibility for managing tasks dealing with natural resources. 4 Resource management is to be transferred from the village to the regional governments.

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Peace Education Program: Breaking Stereotype and Building Trust in Jakarta and Jayapura
Wenny Pahlemy, Researcher, The Habibie Center

he Habibie Center sent an advance team to Jayapura, Papua (July 26 to 29, 2011). Supported by USAID-SERASI, the team is running the Peace Education Program: Breaking the Stereotype and Building Trust in Jakarta and Papua (Jayapura). The Papua conflict is still an issue that has not yet been completed for Indonesia. The research conducted by LIPI (2004) explained that the source of conflict in Papua includes four strategic issues, namely (1) the history of Papuas integration into Indonesian territory and the political identity of the Papuans; (2) the political violence and human rights violations, the failure of development in Papua; (3) inconsistencies of the government in the implementation of the Special Autonomy, and (4) the marginalization of Papuans (Widjojo, 2009). Both the central government and the people of Papua have the perception and discourse respectively. The government or Indonesian nationalists call on the discourses is as follows: Papua is a part of the Republic of Indonesia, the Political status of Papua is final through the Pepera (Penentuan Pendapat Rakyat) and the UN Resolution, the integration of Papua is the liberation from Dutch colonialism and imperialism, the security approach is to maintain the integrity of the Republic of Indonesia, the development is aimed at modernizing the Papuans, and the implementation of special autonomy is in the context of national integration.

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The Papuan people or Papuan nationalists have also constructed a counterdiscourse, namely: The Papuans are not part of Indonesia because they are Melanesian, the Pepera of 1969 is invalid since it did not represent the aspirations of the Papuans, Papuas integration into the Republic of Indonesia is a form of colonization, the violence is a violation of human rights, development is identical to the migration of labor from outside of Papua and the marginalization of Papuans. The conflict has continued and is not yet complete since each side uses their own perspectives. The debate over the integration of history, political status, and political identity in Papua should be discussed in a dialogue involving government officials and representatives of the people of Papua. The violence and human rights violations can be resolved through a human rights court or a reconciliation facilitated by a Truth and Reconciliation Commission. The Central Government and the Government of Papua can formulate new strategies to implement development based on the indigenous communities. The inconsistencies of implementation of special autonomy can be overcome by new strategies on how to direct the ongoing recognition (Widjojo, 2009). On July 5-7, 2011, a Conference Papua, Land of Peace that was initiated by Jaringan Damai Papua (Network of Peace) was held in Jayapura. One of the main recommendations of the conference was the need for a dialogue between the central government and the people of Papua. Dr. Neles Tebay, cofounder and coordinator of Jaringan Damai Papua, said that from his part he would greatly welcome an initiative of the central government to support the process of preparing a Jakarta-Papua dialogue. According to him, through the conference, the organization has also established the criteria for Papuans to have a dialogue with the government of Indonesia (Republika, 2008). A number of parties welcomed the conference, including the youth. Naftali, a graduate student and involved in peace education programs, said: Leave the NKRI is not negotiable or independence is not negotiable. Leave all that. First is the dialog. We dont have to think of the result now. Besides the dialogue, the false perceptions and distrust between the two sides should also be bridged through peace education. This program is intended

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for the community, especially the younger generation. We cant ignore their traumatic experiences that they inherited and have experienced so far, including their experience in terms of access and opportunity to get an education. It is expected that the youth is more able to interact among non-Papuans and Papuans and be more confident and optimistic to face the future. Workshops will not only be held in Jayapura, but also in Jakarta. Why dont high school students in Jakarta also get involved? So far, there is not much information on Papua except from the mass media. Its only news about the shootings, famine, floods, and the last election conflicts in Ilaga, Puncak District on July 31, 2011. Journalists in conflict zones such as Papua, Aceh and East Timor (at the time) were racing to report events resulting in dead bodies since this kind of news will be on the front page of their papers. Adolescents in Jakarta do not know their friends in Papua. There is a proverb saying that not knowing is not loving. Through this program, children in Jakarta are expected to be more familiar with their brothers and sisters in Papua. Not only physically but also their experience and expectations towards Papua. *** We left at 21.00 pm and arrived at Sentani airport around 07:00 Eastern Indonesia Time after a stopover in Makassar and Biak. Ferry, a Toraja descendant who has lived in Jayapura for two years, met us at the airport. The view on the left of the road is wide green hills like what people see in the Teletubbies movie. We arrived at the hotel in one hour. At noon, we met Naftali. He is an undergraduate student at one of theology institutes in Jayapura. Naftali helped us during our visit in Jayapura, one of which was to collect prospective trainers who will deliver the material in the schools workshops. After explaining the agenda of activities, we promised to meet again the next day. Then, we met Dr. Neles Tebay. He was a priest, lecturer at the Fajar Timur School of Philosophy and Theology, Abepura, columnist, and also co-founder and coordinator of the Network of Peace in Papua (Jaringan Damai Papua).

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This is the second time we have met him. Earlier, he visited The Habibie Center office. We asked him to be our consultant providing us with an overview on Papuas recent situation and the information we need in a running program. One thing I noticed from the peace activist was his generous attitude. We found him several times giving tips to the indigenous Papuan people we met. Jayapura is a city surrounded by hills. The typical road reminds me of the roads in Puncak, Bogor. On the left, Sentani Lake lies and on the right we can see houses on the hill. Jayapura City consists of five districts, namely Jayapura Utara (North), Jayapura Selatan (South), Abepura, Muara Tami, and Heram. The number of non-Papuans in the population is higher in each district than the indigenous Papuans. According to the Central Bureau of Statistics, in 2008 the population of Jayapura City was 236,456, of which 134,992 of them were migrants, while the indigenous Papuan people was 101,464. The Muslim population was 87,509 while Protestant Christians were 124,358. The number of people affiliated with the Catholic Church was 34,183. There were 1010 Hindus and 881 Buddhists (Office of the Ministry of Religion, Jayapura City, 2008). According to Dr. Tebay, with the composition of such populations, horizontal conflict is unlikely to occur in the city of Jayapura. The city was once headed by a married couple: The husband, the Mayor of Jayapura, Mr. Kambu (2000-2005) and (2005-2010). The wife is currently chairwoman of the parliament, Dra. W. W. Kambuaya, MM (2009-2014). This condition is described by a source person: The decisions on this city were once determined in the bed, he said. However, the Chairwoman of the local parliament was also the former Head of the Education Office as well as a Principal. She was considered as very successfully connected to the educational achievement of indigenous Papuan children. She launched a program of education innovation in Jayapura. This program put Papuan children into special classes and she coached them intensively. In 2000, the Crash Program fund was launched for the Province of Papua, with a provincial government grant to conduct the Protection Class. The program was then considered encouraging. Some Papuan children managed to pass the exam to enter the state-owned university. We met the

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Head of the Education Office of Jayapura, Drs. Anwar Chairun Mamun, MM. He most welcomed the program, even suggesting that similar programs should be provided at the junior high school level. He said that the peace education program was in line with the educational character of the nation which is being run by the Ministry of National Education, in particular by implementing the peer education pattern. Indeed, workshops in schools will be provided by trainers whose ages are not too different from those of the students. Mr. Mamun also hoped that the activities of MOS (The Student Orientation Program) will also be filled with the peace education materials that were developing. Mr. Mamun then recommended several schools that should be involved in this program, namely SMA PGRI located in the Village of Yabansai, Heram District and SMAN 4 located in Entrop. In addition to these two schools, we also visited SMAN 2 in Serui, SMK 3 in Abepura, and SMA Yapis in Waena. The principals most welcomed us as well as the program. They even suggested that more classes or students may be involved in the two-day workshop. They also suggested that we could involve the heads of the universities to transform the program as one of the service learning materials for university students. We also met people from Aliansi Demokrasi untuk Papua (ALDP) at their office in Abepura. Some of their activities were in assisting victims of violence, providing legal services, assisting in the court, having discussions with the network group consisting of non-Papuans and Papuans on current issues, cross-ethnic peace workshops, as well as activities for students that also involve the facilitators. They have got networking into the villages. According to them, one thing that must first be changed is the stereotype of the Jakarta government on Papua. Its about the wrong policy towards Papua, said one of them. Speaking of peace is also talking about the lack of public services, lack of teachers in schools. We cannot see an Indonesian face in the small villages. There are only military boots, a growing number of security posts, poor schools, and teachers coming every 6 months. Indonesia should provide an easy access to the public service for the people. The Papuans fighting for their land are common. Not so many immigrants are talking about Papua. This is not just a matter of Papua, but a matter of injustice.

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We then meet and conducted interviews with 15 young people of Papua, native and migrants. Eight of them would be the trainers at the workshop. They talked about themselves, their hopes, and the interaction between Papua native and migrants. The Papuans are black, but that does not mean dark, said one of them. When the migrants opened up, the Papuans were very helpful. The Papuans even are friendlier when the migrants are friendly to them. They chose to live in the forest because they want to keep and preserve it. However, indigenous people living in the city began to suspect the migrants. The fact is the migrants are all over the city, from government offices, markets, grocery stores, hotels, to restaurants. Papuan females are only street vendors, selling betel nuts. There is a sense of isolation in their own land. They are not given the opportunity to lead themselves. How can we get smarter when there are no teachers. How can we be smart if nobody teaches about health and education, said one young girl. They are jealous of the progress and success of the migrants. These feelings are normal. But the agenda now is how to transform the feeling into a spirit for change and move forward together. Gradually break down the perceptions on each side and build trust as the primary basis for a better political-economicsocial life. We imagine Papua as a large ship carrying people from various tribes, religions and interests. Despite the different backgrounds, their goals are the same: how to sail the ship and arrive safely at the destination. It means how to reach a fair and prosperous Papua for the people. -oooOoooReferences: Papua Road Map, Negotiating the Past, Improving the Present and Secuting the Future, Murida S. Widjojo (Eds, LIPI, Jakarta; 2009, p.6-7 http://www.republika.co.id/berita/nasional/umum/11.07.08/Inzys7konferensi-papua-rekomendasikan-dialog-dengan-jakarta

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