Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information in the Government’s reports and requests the Government to provide information on the following points.

1. The Committee refers to its general observation and notes that the Government report contains no information in reply. It further notes that the Manpower Act does not contain a prohibition on sexual harassment in employment and vocational training. It requests the Government to consider adopting some form of protection against sexual harassment though legislation, or otherwise, incorporating the aspects contained in its general observation. Please provide information on any efforts undertaken in this regard.

2. Article 1 of the Convention. Further to its observation on the Manpower Act of 2003, the Committee notes that section 11 of the Act accords the right to all persons to acquire job competence, and section 12 of the Act, accords a similar right of further job training to employees, but it observes that these sections do not prohibit discrimination in such training. It asks the Government to indicate whether these Articles are intended to guarantee equal opportunity in vocational training for all, and also whether it is considering amending these sections to include a non-discrimination provision.

3. Further to its comments concerning the legislative measures that discriminate against women, the Committee notes that the Government, in its report, has indicated that sections 31(3) and 34(1), of the Marriage Law Act providing that the husband is the head of the household and provider of the family, "accommodated the Indonesian people’s social value". The Committee asks the Government to review the impact that these provisions have on equal employment opportunity for women and make appropriate changes in light of the laws, regulations and policies that have been adopted in Indonesia to prohibit gender discrimination.

4. The Committee notes that the Regulation of the Minister of Manpower No. PER-04/MEN/1994 and a recent revision allow workers of the Islamic, Catholic, Protestant, Hindu, Kong Hu Chu and Buddhist faiths to receive allowances paid by employers before certain religious holidays. It asks the Government to provide information on the manner in which it extends such benefits to workers of other faiths.

5. The Committee also notes that the Regulation on Recruitment of Civil Servants (No. 98/2000) provides that "would-be" civil servants are to be dismissed upon becoming members of boards or political parties, while Section 8 of the Regulation on Civil Servants Who Are Members of Political Parties (No. 5/1999) provides for dismissal of civil servants on the same basis. It requests the Government to provide detailed information on the application of these provisions, including the meaning of the term "political party member" and the number of persons who have been dismissed or excluded from public service for being a member or leader of a political party. The Committee notes that a Bill on Political Parties (No. 2 of 1999) has been enacted, and requests that a copy is forwarded to the Office.

6. Article 2. The Committee notes with appreciation the Government’s frank acknowledgements that "social attitudes and prejudices in the family, the education system, the workplace, society and the mass media and political life continued to hinder women’s full participation", that there are relatively few women in top positions in either the private or public sector, and that women are over-represented among service workers and under-represented among administrative and managerial workers. It also welcomes the publication of labour force statistics that bear these concerns out. It requests the Government to indicate whether it is undertaking any educational or sensitivity programmes to promote a greater understanding and appreciation for equal opportunity and treatment in employment and to report on any such efforts.

7. The Committee notes with interest the Government’s efforts with respect to gender mainstreaming (including the Presidential Instruction Concerning Gender Mainstreaming (No. 9/2000)). The Committee would be grateful if the Government would provide information, on the work of the National Commission of the Status of Women (KNKWI), the Office of the Minister of State for the Role of Women (MRW) and concerning protection from discrimination and the promotion of equality in employment and occupation. It also notes that the Ministry of Labour is developing a Plan of Action and hopes that the Government will be able to report on the Plan’s adoption and implementation in its next report.

8. Further to its previous comments on the Human Rights Act, the Committee requests the Government to provide information on how this Act’s provisions are being applied and enforced in practice with respect to employment and occupation. The Committee notes that the term of the National Action Programme of Indonesian Human Rights (1998-2003) is about to expire. Noting that the activities of the Plan were to be directed to empowering women, including monitoring and reporting, the development of women study centres, the development of appropriate legislation, as well as the promulgation of administrative measures (including the development of general guidelines on the protection of rights of women workers, with particular reference to ILO standards), the Committee requests the Government for information as to any such activities that involve equal employment opportunities or the elimination of employment discrimination against women.

9. The Committee notes that the mandate of the Indonesian National Commission of Human Rights is to conduct studies and other research, and to counsel, monitor and mediate with respect to human rights issues. It asks the Government for details as to any activities of this Commission that relate to issues of equal employment opportunity and the elimination of employment discrimination.

10. Article 3. The Committee notes with appreciation that the Act Concerning Manpower provides for a range of cooperative efforts between employers’ and workers’ organizations, sometimes with the participation of public bodies (bipartite and tripartite institutes), and requests the Government to provide ongoing information regarding actions taken to promote the application of the Convention.

11. Article 4. The Committee notes that the Amendment to the Criminal Code in Relation to Crime Against State’s Security (No. 27/1999) criminalizes both the dissemination or development of "Communism/Marxism-Leninism in all their forms and manifestations", and the creation of any organizations committed to such principles. It notes that the Government has not yet been able to provide information, including statistical data, on the number of persons convicted under this law so far, as well as information concerning implications the law might have on equal opportunity and treatment in employment, and it asks the Government to continue its efforts to provide such information.

12. Article 5. Given the adoption of the Manpower Act, the Committee asks the Government to confirm that all earlier legislative provisions restricting night work for women have been repealed. Please also indicate whether section 9 of the Labour Act (1948) which provides that "Women may not perform work which may endanger their health or well-being" has been repealed. The Committee would be grateful if the Government would provide a list of all protective measures that are currently in effect for women workers.

13. Part IV of the report form. The Committee notes that the Manpower Act contains only administrative sanctions in the event of violations of its sections 5 and 6, and that it provides no sanction at all with respect to violations of section 153. It asks the Government if it intends to amend the Act so as to provide criminal sanctions for those committing discrimination in employment or vocational training on any of the Convention’s grounds. It also requests the Government to provide judicial or administrative decisions relevant to the application of the Convention.

14. Part V. In view of these concerns, the Committee asks the Government to continue to provide statistical information as to all aspects of the employment situation of women, including their participation in vocational training, their promotion and dismissal rates, and their relative distribution across sectors and their vertical distribution within sectors. In addition, the Committee encourages the Government to expand the scope of its statistical work, to collect new data disaggregated by race, colour and religion, on all aspects of the employment and vocational training situation as regards such groups.