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WTO AND ASEAN
2009, 2008
[December
2009]
Indonesia to Review Free Trade Agreement (FTA) ASEAN-China. The
review are as requested by a number Indonesian manufacturer
associations in anticipation of the impact which FTA in force in 1
January 2010. The associations manufacture primarily are steel,
footwear and textile, are seen as sensitive products less
competitive and therefore, seeks for more protection from the
Indonesian government. Other industries are furniture and cosmetics,
where the Indonesia less competitiveness are due to in favorable
policies applied by the government of China for its domestic
industries, such incentives and better infrastructure. Thus, the FTA
is seen merely for the benefit for the said countries. To respond
this, the Indonesian department of Trade and Department of Industry
will set up a team to review the said possibility.
[November 2009]
Indonesia and Malaysia finally come
to an initial agreement over the
Indonesia Domestic workers in
Malaysia.
The said which issues are crucial
due to many human rights abuses by
the Malaysian Employers. The points
in agreements covers the issue of
minimum wages, paid insurance by the
employer, one day weekly leave,
passports hold by the employee and
finally compulsory psychological
test for employers prior to
employment. The Malaysian government
have objection over the paid
salaries, admitting that most
Malaysians homes are not in the
capacity to pay salary of 250 US
dollars per month to the domestic
workers, particularly after the
financial crisis where poor families
increases significantly in Malaysia.
Indonesia also urge psychological
test for Malaysian employers, since
in most cases of human rights abuses
towards Indonesian domestic workers
by the Malaysians are identified
that the most Malaysian employers
are mentally ill. Transparent and
qualified legal system is also
another issue in Malaysia, where
most criminal cases of human abuses
no yet settled.
[October 2009]
Indonesia at Strategic Level in G-20. The Indonesian President Susilo
Bambang Yudhoyono in his speech at
the G-20 in Pittsburgh last
September, welcomes the permanent
G-20 as an institution where
Indonesia is included. He expected
G-20 to bring a better civilization,
representing the east and the west,
and even Islamic Civilization and a
forum to build a much safer world.
He is of the opinion that G-20
replacing G-8, will play different
significant role than G-7 or G-8,
which both G-7 ands 8 only
represents developed countries,
mostly from Europe, except Japan as
Asian representation. Indonesia sit
at number 16 on the world’ big
economic growth.
[September
2009]
Dispute Over Songs between Indonesia
and Malaysia.
The Indonesian song titled ‘Terang Bulan’
and Malaysian national anthem called
‘Negaraku’, are exactly same in its
introduction and intonation, except
for the lyrics and patriotical beat for the Malaysian Anthem. According
to Lokananta, an Indonesian State
Enterprise in recordings, the
Indonesian ‘Terang Bulan’ song was
recorder by Lokananta in a choir
version at the Republic of Indonesia
Government Radio in 1956, a year
earlier to Malaysia independence.
The recorded song was copied into
phonograph and sited in Lokananta
Archive in 1965. Lokananta Archive
only stated that the said song is an
entertainment song or a popular
public song, in Keroncong genre
categorization, on 11 minute and 15
second duration and without a
composer name. The said song
rerecorded to a phonograph on 16
March 1965, together with 3 other
keroncong genre songs. ‘Terang Bulan’
was popular in Indonesia years
before recorded. The old generation
who lived on the era of the said
song must be agree that the
Malaysian national anthem ‘Negaraku’
was copied from ‘Terang Bulan’.
[August 2009]
Malaysia back on the Black List of
Human Trafficking: US Government.
The list is due to the failure of
the Malaysian government to meet
minimum requirement and less
significant effort of human
trafficking, a list which put
Malaysia from Watch List status in
2008 and Blacklist status in 2007
together with other 16 countries
such as Saudi Arabia, Kuwait, Chad,
Eritrea, Nigeria, Mauritania,
Swaziland, and Zimbabwe. In respond,
the Malaysian government refused, by
saying they have taken significant
moves to solve it. The said
announcement is on US Report in the
‘Trafficking in Persons Report 2009’
at 173 countries all over in the
world.
[June
2009]
Malaysia Navy trespassed Indonesian
Seawaters at Ambalat.
The move by Malaysian Navy and
coastguards at the Ambalat areas in
late May 2009, was then ordereds to
leave the waters by the Indonesian
sea patrol KRI Untung Suropati. The
appearance of KD Yu-3508 (Malaysian
navy boat) fast attack craft-gun
type boat, on 04.03.00 LU/118.01.70
East Longitude position, already
entered Indonesia territory at 12
sea miles, clearly violating the
UNCLOS on sea border territory. The
moves were held more than 10 times
by Malaysian navy and airships for
the last 1 month, have increased
tensions between both governments
and Defense Secretaries. To avoid
from further gun attacks, the
Malaysian Parliament and Malaysian
Minister of Defense has submitted
its formal apology to the Indonesian
government, mid June 2009.
[May 2009]
Indonesian Navy caught Malaysian
Fishing Boat in Riau Island of the
Indonesian Territorial Waters for
Illegal Fishing.
According to the Indonesian Balai
Karimun Navy HQ Commander, Navy
Lieutenant Colonel Kusmayadi, the 5
Malaysians are still under
investigation for illegal fishing at
the Iyu Kecil territorial watery,
Karimun regency, Kepri Province,
which violated Law No. 31 year 2004
on Fisheries. The Malaysian fishing
boat number JHF 58 B GT 6,37,
captained by Lee Book Soen is
exploring fish from Kukup Laut,
Pontian, Malaysia, . entered the
Indonesian territorial waters with
fish trap. According to statistic,
released by the Indonesian Minister
of Marine and Fisheries Freddy
Numberi. illegal fishing at the
Indonesian waters has caused Rp. 30
billion state loss, annually, which
is decreasing lately. Illegal
fishing is mainly triggered by lack
of raw materials in the China, the
Phillipines and Thailand, where
illegal fishing at the Indonesian
waters is seen as an alternative.
The said legal issues of marines and
fisheries are now being handled
through the signing of MOU by the
Indonesian General Attorney and the
Ministry of Fisheries to force the
said countries to establish fishery
industries in Indonesia instead of
illegal fishing.
[March
2009]
Indonesia-Singapore Delimitation.
The sequential eight meetings held
by both negotiation team since 2005,
finally concluded by the signing of
the delimitation agreement on sea
border for both countries by
Indonesian Minister of Foreign
Affairs Hassan Wirajuda, and
Singaporean Minister Of Foreign
Affairs George Young Boon Yeo, in
Jakarta earlier this March 2009.
This is a follow-up of the past
similar sea border agreement on May
1973. The fixed sea borders
stretching 12.1 Km long covers the
Nipa island and Tuas islands. Both
countries have come to an agreement
to negotiate the next East I and II
sea borders, between Batam and
Changi, Bintan and South
Ledge/Middle Rock/Pedra Branca. The
maritime technical negotiation team
consists of a few departments and
inter-state agency from Indonesia,
such as the Department of Foreign
Affairs, the Department of Defense,
the Department of Transportation,
the Ocean and Fisheries Department,
the Department of Energy and Mineral
Resources, the Army HQ, and the
National Survey and Mapping
Coordination Body.
Italian Minister of Foreign Affairs,
Franco Frattini: Tolerance in
Indonesia, a Model for the World to
Learn. The International Conference on “Unity in Diversity, the Culture of
Coexistence in Indonesia” in Rome,
was held by the cooperation of the
Indonesian and Italian government
with Communità di Sant’ Egidio. It
is said that, Indonesia is a country
with the largest Moslem population
in the world, as well as a model for
the moderate Islamic tradition, who
live side by side peacefully with
other religions for over hundred
years. Prof. Andrea Riccardi, the
founder of Sant’ Egidio, said that
Indonesia is a plurality laboratory
(pluralism), and the world needs
civilization, where people shall
live side by side, peacefully (so
called 'civilization of
coexistence'). This conference is a
forum to learn and share
experiences, and its aim is to build
a high-level dialog between
representatives of Islamic
organization in Indonesia and
scholars from Italia. The resource
persons from Indonesia are General
Principal of PBNU KH. Hasyim Muzadi,
Prof. Dr. Bachtiar Effendi, Prof.
Dr. Siti Musdah Mulia, Prof. Dr.
Azyumardi Azra, Uskup Martinus D.
Situmorang, representative from
Indonesian State Ministry Prof. Atho
Muzhar, Prof. Dr. Komaruddin Hidayat
dan Dr. Fatimah Husein. Indonesia
also stated its willingness to be
the home country for the upcoming
conference next year.
WIEF: Jakarta Declaration by Islamic Countries.
The World Islamic
Economic Forum on its the 5th
conference in Jakarta,
Indonesia, declared the mutual
agreement between Islamic countries
called the ‘Jakarta Declaration’.
One of the important points is to
accommodating the Indonesian
government proposal, brought by the
Indonesian President Soesilo Bambang
Yudhoyono on the structuring the
support fund from and used by the
syariah (Islamic Law) economic based
countries or known by
Islamic
Expenditure Support Fund. The
Jakarta Declaration then establishes
seven groups of recommendation,
namely (1) recommendation to
overcome global financial crisis,
(2) steps to secure food product,
(3) energy protection, (4) the
global development of small and
medium size business, (5) the
development of business conducting
by women in Moslem country, (6) the
capacity development of young leader
in the Islamic Conference
Organization (OKI) country, and (7)
the agreement on education
development.
Indonesian and Australian Government
signed MOU on Visa.
The annual 100 double -function visa
is particularly designed for
Indonesian students both for holiday
and work, valid for students age of
18-30 years old subject to
requirements the ability to speak
both countries languages, healthy,
good behavior, and single. The aim
of this MOU is to provide chances
for Indonesian students to travel
and learn about the life, culture,
economy of the neighboring country,
while working as their source of
fund during holiday. Indonesia is
the 7th country in
agreement on the implementation of
this double function visa. The 100
initial visas is subject to
examination the upcoming year.
Indonesian and Australian Government
signed MOU Human Trafficking.
The MOU is to avoid the case where
Indonesia has become a pivot point
for this trafficking to Australia.
Both Indonesian Minister of Law and
Human Rights, Andi Matalata, and
Australian Minister of immigration
and Citizenship, Chris Evans agree
to discuss the details in the
upcoming Bali Peace Meeting, such as
Rohingya tribe from Burma. For the
latter particular case, Indonesia
has its policy to provide an
immigration detention house in
Tanjung Pinang, while seeks for an
integrated solution in a short time.
[February 2009]
US
to play more role in
ASEAN. The official statement
was delivered by the US Secretary of
State Hillary Rodham Clinton during
the official visit to the ASEAN
Secretariat in Jakarta, Indonesia.
US current administration expects to
accelerate the signing of Treaty of
Amity and Cooperation in the
Southeast Asia. The Minister also
admitted that this is the first time
the US emphasized its foreign policy
toward ASEAN member countries in
order to empower a productive ties
through cooperation, which under the
previous US administration was not
on priority. The US region strategic
positioning in ASEAN are being
mapped as a region
characterized by its particular
orientation in trade, significant
economy power, and as a key to solve
problem in climate change and
terrorism. The ASEAN Secretariat in
response, is of the opinion that US
current administration views its
commitments in politics and security
over the region. Technically, the US
will soon attend the ASEAN Post
Ministerial Meeting in Bangkok, this
July, and implementation through
facilitation and training support
for the ASEAN staff at the
ASEAN Secretariat.
[October 2008]
ASEAN Charter Ratified. After
months of long debate, the
Indonesian parliament finally
ratified ASEAN Charter on Wednesday,
8 October 2008, the last country in
ASEAN to ratify the Charter. The
signing of document on ASEAN Charter
bill was represented by Minister of
Foreign Affairs Hassan Wirayudha,
Minister of Trade Mari Elka Pangestu,
and Minister of Law and Human Rights
Andi Mattalatta, representing 10
Fraction and governments in
Commission I at the Parliament.
However, questions remain by the
parliament of the urgency of ASEAN
Charter as a legal ground of ASEAN
transformation into a solid
organization. Also the disagreement
with the voting mechanism (Article
20), a creation of a slower ASEAN
and a longer in taking decision.
Beside of that, the parliament also
disagree with the unclear sanction
of ASEAN Charter violation, and
human rights body mandate which
cannot be guaranteed by the Charter
and its effectiveness (Article 1).
However, the parliament foresee the
Charter to bring benefit for
Indonesia. According to Hassan
Wirayudha, “ASEAN Charter
ratification is a first step of
ASEAN transformation to accomplish a
full integration as a community in
2015”.
[July 2008]
Indonesia must Refuse WTO Agreement. The refusal are based
on the exclusion G33 of developing countries represented by Indonesia as
spokesman, during the WTO meeting in Geneva ending 30 July. Transparency
are the keyword where developing countries must be involved during
negotiation attended by G7 members Australia, Brasil, China, European
Union, India, Japan and the United States. Indonesia on behalf G33
compelled 'Special Products` (SP) and `Special Safeguard Mechanism` (SSM)
to be accommodated in the modality draft for agriculture to protect
developing countries farmers at villages being the least protected under
the WTO Agreements in Agriculture. The WTO mechanism under the scheme
allows developed countries to pour big subsidies to its farmers, subsidy
not allowed by developing countries. Further, the scheme of trade
liberalization is also unfair where duties differs. At the end, food
defense are the most vulnerable for most developing countries. However,
disagreements between developed countries, existed, such as India and
China
vs the US and EU. France as member of the EU request EU's
clarification and transparency. The WTO meeting has been delayed for 7
years already due to a number of disagreements.
Indonesia - Timor Leste Concluded on Timor 1998. The result
issued by Truth and Friendship Commission (KKP) established by both
countries, primarily suggested, that both government institutions are
those responsible for the human rights violation during the East Timor
Poll between the pro-East Timor independence versus pro Indonesia
integration in September 1999. Since 11 August 2005 the KKP team members
recommendations are drawn in seven chapters and one special chapter,
emphasize not on legal grounds, but more on the future commitments by
both countries to set up a good relationship.
Legal Note:
The KKP recommendations presented in the absence of a number of foreign
nationals and foreign countries who refused to witness during the
incidents of 1998, since their direct involvement are clear and
published. Most Indonesian people also believe, that natural resources
of minerals at the Timor Gap between Indonesia and Australia are the
main concern. The integration of East Timor into the 27th Province of
the Republic of Indonesia in 1975 was not an issue until late 1980.
After its independence, strong tie of culture and economy between
Indonesian and Timor Leste, remain.
[March 2008]
Government Expects ASEAN Charter to be Ratified by July.
The Charter is expected to be ratified by July after receiving informal
approval from the House, according to a foreign ministry official. The
ramification and thorough explanation documents as requested by the
House will be submitted in April or May, where the House are very
concerned of decision making, consensus, voting, the
promotion and protection of rights.
[February 2008]
Indonesian Minister of Public Health’ Siti
Fadillah Supari’ Book on Bird Flu Make US-WHO Infuriated.
The 182 pages book published
in Bahasa Indonesia and English version, succeeded cracking
the conspiracy between Unites States administration and the WHO in
developing biology weapon from bird flu virus, Avian Influenza (H5N1), a
policy lasted for 50 years. The book, “It’s Time for the World to
Change, Divine Hands Behind Bird Flu”, shows that after the virus
spread and haunted the world, companies from develop country produce
vaccines, then sold it to the market with a high price in developing
countries, including Indonesia.
However, no compensation, no license and business orientation raised
Minister' anger, right of sovereignty and pride. She also further added,
that developing countries dignity cannot be play around on the basis of
Global Influenza Surveillance Network (GISN) WHO.
Of her works, a London-based magazine,
The Economist, has put the writer a breakthrough
character which started the revolution in saving the world from bird flu
effect, where Sitifadillah Supari at this time has
chosen the best weapon proven useful than the best vaccines in
the world in overcoming the threat of bird flu, where transparency is
the keyword. Following the success of the first book, the second book is about
to be released, soon.
The book has also caused the WHO in Jenewa agreed to all demand from Fadillah,
by agreeing sharing virus and eliminate GISN. A typical Indonesian'
brave breakthrough.
Developing Countries React to WTO Proposal. Developing
countries on Friday welcomed WTO proposals to farm trade but voice
reservations on those calling for further opening of their own markets
for industrial goods. The draft agreement on agriculture presented by
the WTO a week ago "is a good basis for further work,” according to a
Brazilian ambassador, where it sought after positions offer the best prospects
for a balanced and reasonable outcome for the Doha Development Agenda. The WTO’s inclusion in its proposal of an average
minimum reduction of 54 percent in customs duties leveled on developing
country agriculture exports by industrialized nation. The G20, which
besides Brazil includes such emerging powerhouses as China and India,
had put forward the same proposal. But emerging market countries were
less enthusiastic about the WTO draft on manufactured goods, which
“largely ignored their proposals”, where “It sparked
a negative reaction” according to a source. The WTO text calls on about 30 emerging countries
to set a 23 percent maximum level on their custom duties on industrial
products. But the document also drops any reference to the number of
products a country would be entitled to protect from too sharp a decline
in custom duties. The WTO ministerial meeting in April
2008 aimed at forging a north south consensus on trade in farm and
manufactured goods with the hope of wrapping up the Doha talks by the
end of the year. The European Commission meanwhile gave a cool reception
to the new Doha Round negotiating texts from the WTO, urging a better
balance. It become crucial that the texts now move forward
rapidly and in a way that reflects the mainstream views of the WTO
membership. The EU believes that the necessary balanced
between the (industry and service) and agri texts has not been found.
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