Based on Convention on Elimination of Discrimination Against Women, especially in Articles 2c, 5a, 7b and c, 15 (1) and (2) women and men are equal. If there are any discriminations, the states which have ratified the Convention shall eliminate the discriminations from rules or tradition or practices. But somehow eliminate some gender discrimination practice are not easy. Women in some indigenous communities have some limitation in decision making process, even in the process to get solution in violence aghaainst women cases. For examples in Rote, Labuan Bajo, East Sumba and Atambua (East Nusa Tenggara) )women have limited access to the decision-making process in indigenous forums even in cases of violence against women. In the indigenous forums, women’s voices rarely have been represented or accommodated. Even in some sexual or domestic violence cases women should put their hopes about justice on the customary council which members entirely are male. This paper will focus on some issues: the limitation itself andthe strategies of the women in confronting those restrictions. Data in this paper are collected from literature research, participatory observation, interview with customary councils, interview with some women survivors, interview with government officers and police, from 2015-2018.
|Jurnal Hukum dan Pembangunan
|Published - 2020