|JATAM - Mining Advocacy Network|
|THE MOVEMENT OF INDONESIA PEOPLE EDICT|
CHALLENGING THE NEW PRESIDENT TO CORRECT FALSE POLICY OF PRESIDENT SBY
Press Release, April 27, 2014
No less than three months, Indonesia will have a new President replacing the former SBY who led for 10 years. People hope that the new president has the courage to correct various false policies in the period of SBY. The government of SBY has left bank debt, which reached RP. 2.422,87 trillion ; the economics direction that more far away from constitution road ; the control of natural wealth by a handful people and left immeasurable suffering such as poverty, environmental destruction and ecological disaster ; the increasing of corruption both in executive and legislative bodies ; the increasing of human rights abuses in the middle of strengthen impunity for the perpetrators as well as the nation defeated by corporate desire and global trade regime, as well as many fundamental problems.
Various false policies of SBY’ government that must be corrected fundamentally by our new President including :
1. Weak commitment of SBY’ government in implementation of Human Rights. The implementation only centered on normative/legal strengthening. This legal aspect of Human Rights does not provide a guarantee of prevention and punishment for Human Rights violators. SBY repeatedly stated that there are no more flagrant violations of Human Rights in his era and also stated that “let the law process” handling the Human Rights violations. Indonesia government also happy to achieve international recognition, but forget about the local aspect of Human Rights. Various control and accountability equipments were present but failed to work correctly.
This weakness can be measured from several indicators followed : 1) Formal/normative commitment, which was marked by ratifying instruments that has not been realized significantly in real programs of Human Rights compliance for all citizens. And 2) inconsistency in running the Human Rights obligations, it was clearly seen in RANHAM (National Action Plan on Human Rights) preparation, which referred to Law No. 39 year 2004 of Human Rights and did not refer to basic principles of rights that must be complied by the state. Ironically in the framework of RANHAM implementation, it’s stated that Law No. 39/2004 of Human Rights was one of Law that will revised. This condition showed a poor level of SBY’ government in accepting Human Rights value and principle, also 3) The poor performance of SBY’ government in implementing Human Rights protection and enforcement.
2. Master Plan for Acceleration and Expansion of Indonesia’s Economic Development (MP3EI). MP3EI released by President SBY through Presidential Regulation No. 32 year 2011 and is valid until 2025. MP3EI targeting in 2025 that Indonesia will become the 10th largest economic power in the world. At a glance this policy looks good, but if it reviewed carefully, clearly this policy will plunge Indonesia to the economy that relied on large-scale capital power both national and foreign companies. MP3EI policy is a red carpet for capital to controls more in Indonesia natural resource and marginalize the people as well as more severe environmental destruction. MP3EI will make the whole nexus of Indonesia economy controlled by a handful of people, which would eventually have an impact on a strengthen of capital control in all spheres of life as a nation including national political power. Therefore, it required a courage of the new President to cancel MP3EI and replace it with the Master Plan for Economic Recovery of Indonesia Constitution.
3. Indonesia is increasingly felt in a circle of economic exploitation because of debt that continue to grow. Financially, this situation resulting an imbalance in budget allocation of the state. Along with an enlarged portion of debt payment in the National Budget, priority is no longer aimed to comply the constitution to improve peoples’ prosperity as mandate of article 23 clause 1 of The 1945 Constitution. In political-economy, the increase of government debt in practices has encouraged an institutionalization of foreign intervention in national economy in the form of controlling foreign capital to production factors in the homeland. There is no other way to uphold the independence of the nation except the government that must set up the steps to stop its dependence on debt as a source of nation financing and absolute decrease the debt value, not only decrease the debt ratio. These steps will be maintained by means of : Optimization state income from tax and natural resources, optimization management of State-Owned Enterprises, removal of Odious Debt/Illegitimate Debt, and stop the Bank Bonds Interest Payment Recap.
4. National Energy that is not sovereign. Today’s portrait of energy management is exploiting fossil energy, both coal and oil-gas in large-scale, subsidizing other countries through energy exports, and use dirty energy as secondary energy, neglect people safety and environmental service’s sustainability, also capitalization of energy resources economic value. The madness of Indonesia exports culminated to the lack of primary and secondary energy sources’ availability. To cover the deficit of oil-fuels, Indonesia needs to import 700 million barrels per day to fulfill consumption as much as 1.4 million barrels per day. Every year, Indonesia trade balance continued to deficit because of oil-gas import. In 2012, gas import noted $42,56 billion, an increase from the previous year of $40.7 billion.
5. Corruption impunity over SBY’ government, because SBY’ leadership had weakened in bureaucratic corps along with the weaken of solidity on political coalition that support his government. The coalition later became not more than transaction of economic and political resources among the member of the political parties’ coalition. In addition, there are various political corruption scandals that involving party cadres who were in executives and legislatives corps, that undermining his cabinet’s legitimacy in leading corruption eradication. Also the failure to do fundamental reform in the bigwigs of law enforcement institutions such as attorneys and police institutions, that eventually thrown SBY’ government into corruption impunity problem.
6. A weakness of women’s right protection to get access and control over welfare and justice for various political decisions, mobility and management of women’s life resources in many living sector as a woman, human, and citizen who has sovereignty over her life. This happened due to the issuance of a policy that discriminatory and detrimental to women’ interests, among others : (1) Around 342 discriminatory policies on behalf of religion, morality, and political identity, including Ministry Joint Decree of SKB2 and SKB3. President SBY has neglected toward the emergence of various discriminatory regional regulations against women. Those regulations have been muzzled women’s political rights. President SBY also did not make serious efforts to increase the number of women in decision-making position in the Executive, especially in State Institutions and Ministry Institutions. (2) Food Policy. Law No. 18 year 2012 has made the people including women less sovereign over food, because food governance is controlled by food company. Women lose even more the access and control in food management that based on local wisdom. (3) Law No. 39 year 2004 is not enough to provide protection to migrant workers, including protection against violence and transgression that has been experienced by women migrant workers.
7. Migrant workers’ slavery, especially housemaid migrant in many countries due to the weakness of country protection. Accumulation of Indonesian workers who were facing death sentence continued to soar, has proved the death of diplomacy in protecting Indonesian workers and has caused 3 Indonesian workers be executed died in SBY era. This condition has strengthened the SBY’ foreign policy that does not give priority to Indonesian workers’ protection. The Policies taken are always on an ad hoc, such as the establishment of task forces. Besides it did not give a solution, this policy squander the national budget without comprehensive protection. The main problem of migrant workers, is Law no. 39 year 2004 of Indonesian workers placement and protection, that puts Indonesian workers as a commodity, there is no serious efforts to revise it over the past 10 years, also there is no seriousness to adopt the Draft Law of Housemaid Worker until today.
8. There is no seriousness in implementing forest tenure reform as a fundamental response to the imbalance of forest control between community and corporate, the weak commitment of forest’s conflict resolution, the neglectfulness of Constitutional Court Decision No. 45 year 2011 of forest legality and Constitutional Court Decision No. 45 year 2012 of indigenous people’s acknowledgment. An easy forest conversion policy to non-forestry interests especially plantation, borrow-to-use permit for mining and a weak commitment to permit moratorium has accelerated the pace of damage and catastrophic threat.
9. Foreign domination in coastal areas and small island management. The SBY’ government rejected the Constitutional Court Verdict No. 3/PUU-VIII/2013 related to the cancellation of HP3 articles (The rights to utilize coastal areas and small islands) by issuing Law changes No. 1 year 2014 about Coastal Areas and Small Islands Management that allows the foreign investor to manage coastal areas and small islands and marginalize traditional fishermen communities in the name of investment, such as that happened to 109 families in Gili Sunut, West Nusa Tenggara.
10. A stagnant of security sector reform, proved by 1) Inactive revitalization of the State institution’s function and role in defense (military), security (police) and intelligence sectors as a ground basis to rearrange various regulations as well as organization personnel position and governance in the spirit of establishing and developing professionalism, accountability, and transparency. 2) Political policy in defense (military), security (police) and intelligence sectors that have not been coherent yet in the scope of security and it’s relation to other sectors which emphasis on their own core business that outlined in one general policy. 3) The low level of public transparency and accountability for national budget uses by regularly present the power construction (personnel and weapons) as well as measurable program achievements. 4) Politicized of institution and military, police, and intelligence actors by ending fit and proper test mechanism at the House of Representative for TNI (Indonesia National Army) Commander and Chief of National Police as well as their engagement in a cabinet meeting. The military, police, and intelligence agencies should not be treated as political institution but the state institution that serve the nation and the state, not in the political interests.
11. Climate crisis commercialization that weakened Indonesia's position in international negotiation on climate change issues as well as the lack of commitment in emission reduction. During 2004 - 2013, according to Meteorology, Climatology and Geophysics Agency (BMKG), the amount of Indonesia greenhouse gas emissions has increased. This is because SBY’ government did not change its political-economy system that relied on land-based extraction and raw materials export as well as fossil energy consumption. Climate policy, which oriented on carbon trading, thus triggering conflict in communities and getting rid of women in controlling their land and managing forest in sovereign and free from violence and criminalization. The government must adopt the principles of Climate Justice in governing the impact of climate change.
12. Indonesia’s priority of the foreign policies and initiative of economic cooperation had very-far from constitutional mandate. An Initiative of President SBY as the host of the APEC and WTO; or his involvement at the beginning of the G20 and ASEAN, thus used to cut the government duties in protecting farmers, fishermen, workers, as well as MSME sector. Then, widely open to foreign involvement in managing national strategic and infrastructure sectors through the initiative of Public Private Partnership. As a result, about 80-90% of investment in food crops, animal husbandry, fishery, plantation, including mining had controlled by foreign capital. Enlarging food import with a value of more than US$12 billion or the highest in republic history. In fact, from the trade balance until national budget is repeatedly in deficit.
The New president must perform the following steps : 1) from the evaluation until cancellation of several economic cooperation, both on a regional and international level which is contrary to the constitution; 2) open peoples’ involvement in deciding whether Indonesia will involve or not in every international cooperations; 3) to restore the 1945 Constitution as a reference to harmonizing national law, not contrary, harmonizing national law to various international trade and investment cooperation agreement that violated the the constitution. Without these, it is impossible for domestic issues such as agrarian conflict, poverty and hunger, environmental destruction, and corruption can be resolved in the future.
From these mistakes, we see that the new president will give hope for Indonesia’s restoration only if he want and dare to change the false policies in SBY era, that can be measured from several indicators below :
1. There is a strong statement from presidential candidates that will make corrections to the false policies in SBY era and refuse to form a coalition with the parties that support the false policies;
2. Delivery of political commitments from presidential candidates to issue several rules and regulations as a commitment to correct the false policies in SBY era
3. Release a concrete road map plan to ensure peoples’ safety and welfare, environmental protection and restoration, law enforcement of human rights violators including those who are involved in human rights violations in the past; law enforcement against corruption as well as a significant effort to fights against attenuation of The Corruption Eradication Commission (KPK)
Jakarta, April 27, 2014
THE MOVEMENT OF INDONESIA PEOPLE EDICT
Siti Maemunah (TKPT), Sri Palupi (Ecosoc Institute), Dadang Trisasongko (TII), Dian Kartika (KPI), Ida Rustam (SP), Ray Rangkuti (Lima), Harry (Propatria), Haris Azhar (Kontras), Myrna Safitri (Epistema), Andiko (Huma), Hendri Saragih (SPI), Hendrik Siregar ( Jatam), Anis Hidayah (Migrant Care), Dani Setiawan ( KAU) Riza Damanik (IGJ), Abdul Halim (Kiara), Chalid Muhammad (Institut Hijau), Benny Susetyo ( Setara).
Chalid Muhammad 0811847163, Ray Rangkuti 081282164205, Dani Setiawan 0812967174, Riza Damanik 081286597271, Haris Azhar 081513302342, Siti Maimunah, 0811920462, Sri Palupi 0813191736
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