Informe provisional - Informe núm. 316, Junio 1999

1. 570. The Committee examined this case at its meetings in March 1995 (see 297th Report, paras. 484-537, approved by the Governing Body at its 262nd Session (March-April 1995)), March 1996 (see 302nd Report, paras. 447-479, approved by the Governing Body at its 265th Session (March 1996)), November 1996 (see 305th Report, paras. 327-371, approved by the Governing Body at its 267th Session (November 1996)), November 1997 (see 308th Report, paras. 404-450, approved by the Governing Body at its 270th Session (November 1997)), and May 1998 (see 310th Report, paras. 432-473, approved by the Governing Body at its 272nd Session (June 1998)), during which it drew up interim conclusions.
2. 571. The Serikat Buruh Sejahtera (SBSI) presented additional information in a communication dated 26 August 1998. The World Confederation of Labour (WCL) did the same in a communication dated 26 February 1999.
3. 572. The Government furnished its observations in communications dated 28 January and 11 May 1999.
4. 573. Indonesia ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) in June 1998. It has also ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 574. During the course of its previous examination of this case, the Committee had dealt with very serious allegations of continuous violations of trade union rights in Indonesia relating to the denial of the workers' right to establish organizations of their own choosing, the persistent interference by government authorities, the military and employers in trade union activities, and the ongoing restrictions on collective bargaining and strike action. The case had also addressed serious allegations involving the murder, disappearance, arrest and detention of a number of trade union leaders and workers.
2. 575. The Committee had, however, noted that certain positive steps had been taken by the Indonesian authorities with regard to freedom of association. The seriousness of the renewed allegations had nevertheless led it to believe that the general situation of workers in Indonesia was still characterized by serious infringements of basic human and trade union rights and violations of freedom of association principles in law and in practice.
3. 576. At its June 1998 session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) While noting with interest that certain positive steps have recently been taken by the Indonesian authorities, the Committee is still deeply concerned that the situation of workers in Indonesia remains characterized by serious infringements of basic human and trade union rights and violations of freedom of association principles in law and in practice.
   • (b) The Committee recalls that Indonesian legislation, which imposes a situation of trade union monopoly by requiring the approval of the SPSI in order for any other union to be registered, comprises requirements that are so stringent as to constitute a major limitation to freedom of association and collective bargaining. The Committee would therefore once again urge the Government to eliminate such impediments (such as section 2(a), (b) and (c) of Ministerial Regulation No. PER-03/MEN/1993) so as to ensure that the right of workers to organize and bargain collectively is fully recognized in law and in practice and to keep it informed in this respect.
   • (c) As regards the specific case of the SBSI, the Committee once again urges the Government to take appropriate steps to ensure that it is granted registration without any further delay so as to enable it to exercise legitimate trade union activities. It requests the Government to provide information on any progress made in this regard.
   • (d) The Committee urges the Government to ensure that the 16 workers who were dismissed from the Southern Cross Textile Industry in April 1993 are reinstated in their jobs or similar alternative jobs, if they so wish, and if this is not possible due to the time that has lapsed since the dismissals took place, to ensure that they receive full compensation. The Committee requests the Government to keep it informed in this respect.
   • (e) The Committee urges the Government to provide without delay information on: (i) Messrs. Mohammad Ali (PT Perindoni) and Mulyadi, (PT Ganda Seribu) who were allegedly detained in connection with the April 1994 events in Medan; and (ii) the outcome of Messrs. Icang's and Suryandi's trials. The Committee requests the Government to keep it informed in this regard.
   • (f) The Committee urges the Government to institute without delay an independent judicial inquiry into the homicide of Mrs. Marsinah, a labour activist, which occurred over five years ago, so as to identify and punish the guilty parties. It requests the Government to keep it informed of the results thereof.
   • (g) Recalling the importance of the principle of a prompt and fair trial by an independent and impartial judiciary, and believing that under the cover of allegations of subversive activities, the charges brought and the measures taken against Mr. Pakpahan are linked to his trade union activities, the Committee once again urges the Government to do everything in its power to drop the criminal charges brought against Mr. Pakpahan in connection with the April 1994 events in Medan and the July 1996 events in Jakarta. The Committee further calls on the Government to ensure that Mr. Pakpahan can exercise freely his legitimate trade union activities. The Committee also requests the Government to drop any charges maintained against other SBSI leaders and activists. The Committee requests the Government to provide information in this respect as a matter of urgency.
   • (h) The Committee once again urges the Government to provide information on: (i) nine officers of the SBSI's Riau Branch detained in early August 1996 and if it appears that they are still under custody to take the necessary measures for their immediate release; (ii) Messrs. Rekson Silaban, Director research, Santosa, region coordinator, Mehbob, staff member of the Legal Aid Institution, all SBSI officers who were interrogated and charged to have been masterminds behind the events of July 1996 and to take the necessary measures to have the charges dropped without delay; and (iii) all anti-union measures against SBSI members and officers following the July 1996 events, including their arrest and interrogation as well as charges brought against them.
   • (i) The Committee once again urges the Government to provide information on the situation of Ms. Dita Sari and Mr. Coen Pontoh, two independent union officials, who were allegedly arrested and imprisoned further to their participation in industrial action, and to take the appropriate measures to ensure their immediate release if they are still imprisoned.
   • (j) The Committee once again calls on the Government to provide information on the allegation that 18 contract labourers were dismissed from PT Pelangi Selaras Indonesia (PT PSI) in Medan on 11 July 1997 on account of their SBSI membership. It urges the Government to take the necessary steps to ensure that these 18 workers are duly reinstated if they are indeed members of the SBSI.
   • (k) The Committee requests the Government to provide information without delay on: (i) the alleged detention on 19 September 1997 of two IUF officials; and (ii) the alleged arrest and detention of eight SBSI leaders and activists on 8, 9 and 10 March 1998, respectively.
   • (l) In order to pronounce itself on the matter in full knowledge of all the facts, the Committee requests the SBSI to provide complementary information on: (i) the physical violence against Messrs. Aryanto and Rozali; (ii) the grounds justifying Mr. Asipto Parangun-Agin's arrest; (iii) the content of the pamphlet distributed by Mr. Farid Mu'adz on the right to strike; (iv) the acts of anti-union discrimination against seven workers of the PT Tris Delata Agindo who were allegedly forced to withdraw their SBSI membership; and (v) the acts of vandalism against the SBSI sign for the Medan and Binjai branches.
   • (m) Noting with interest that Mr. Muchtar Pakpahan, President of the SBSI, was released from prison on 25 May 1998, the Committee requests the Government to provide the names of all other SBSI leaders and activists who have been released.
   • (n) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case in relation to the application of Convention No. 98.
   • (o) Noting that issues relating to the right to organize of workers will be regulated further through the enactment of new legal provisions under the terms of the new Law on Manpower Affairs, the Committee would suggest that the Government consider availing itself of the technical assistance of the ILO to assist it in ensuring that draft labour legislation fully complies with freedom of association principles.
   • (p) The Committee requests the Government to ensure that the recent steps taken by it to release certain trade union leaders and activists will be but one of a series of measures taken in the future which will contribute to the positive development of the trade union situation in Indonesia and to the full respect of freedom of association principles.

B. The complainants' additional information

1. 577. In its communication of 26 August 1998, the SBSI provides additional information on the following allegations: (i) the physical violence against Messrs. Aryanto and Rozali; (ii) the grounds justifying Mr. Asipto Parangun-Agin's arrest; (iii) the content of the pamphlet distributed by Mr. Farid Mu'adz on the right to strike; (iv) the acts of anti-union discrimination against seven workers of the PT Tris Delata Agindo who were allegedly forced to withdraw their SBSI membership; and (v) the acts of vandalism against the SBSI sign for Medan and Binjai branches. The SBSI states that the above cases have been resolved due to the widespread reform movement (reformasi) which first gained ground in Indonesia in June 1998. As a result, the above allegations should no longer be considered as outstanding.
2. 578. In its communication dated 26 February 1999, the WCL states that since the freedom of Muchtar Pakpahan and other leaders of the SBSI in May 1998, some progress has been made in respect of trade union rights in Indonesia. However, the WCL and its affiliate the SBSI, remain preoccupied by the violation of trade union rights in a number of areas. These areas of concern relate to the continual interference of the military in labour disputes, the lengthy registration process, the exercise by civil servants of their trade union rights and the continuing detention of Dita Sari.
3. 579. The WCL contends that despite the release of key trade union leaders, the ratification of ILO Convention No. 87 and the democratization process taking place, the military's role in industrial relations has not changed. The following few cases illustrate this continuing trend. For example, in PT Indosentral Megah Garmen in Bekasi (West Java), a labour dispute broke out in February 1999 due to the closure of the company. Management was not willing to give severance pay to workers in conformity with Indonesian labour legislation. After negotiations were called to solve the problem, the military were invited to take part in the negotiations between management and workers. The intimidating presence of the military created a situation in which no solution was found to the dispute. When workers decided to call a strike after the failure of negotiations, the military were once again called in to intervene in the strike action. Moreover, during the month of February 1999 in PT Gajah Tunggal (Tangerang, West Java), management attempted to restrict the right of workers to organize themselves under the umbrella of the SBSI. Workers who therefore declared their membership of SBSI were dismissed from the company. Management then followed up by appointing the production manager of the plant as head of the FSPSI (the government-controlled union). In the ensuing negotiations between the SBSI delegation and the management, plain-clothes military intelligence officers were invited to take part in the meeting. The WCL believes that the involvement of the military in industrial relations is contrary to trade union rights as simple labour disputes take on the character of national security concerns. Furthermore, the involvement and very presence of the military in discussions between social partners is tantamount to interference in trade union affairs and intimidation of trade unionists in the legitimate exercise of their mandate.
4. 580. With regard to the registration process of unions the WCL indicates that some progress has been made in the area of registration of independent trade unions at the national level. However, both the WCL and the SBSI have major concerns regarding the length of the registration process and the actual registration of local unions at plant level. Regarding the length of the registration process, the experience of the SBSI local unions has been that it has been excessively long and full of obstacles. According to Ministerial Decree No. 05/1998, the official answer from the Indonesian authorities relating to registration should take place within 14 days. Within this period, the union requesting registration is either given a positive or negative answer. The experience with the SBSI's local unions has been that requests for registration have taken longer than 14 days and even in some cases are still pending. For instance, the registration of local SBSI unions in Bandar Lampung (South Sumatra) has only recently been resolved. These requests for registration took place in companies such as PT Sinar Laut (an overland trucking company) and PT Andatu Lestari Plywood (a plywood manufacturer in Bandar Lampung). The local Manpower Ministry in the Lampung region not only delayed beyond the 14-day period but also placed several obstacles (including refusal) in the path of the SBSI before the registration of the SBSI unions was allowed. In Jawa Timur in East Java, there is still an ongoing struggle by the local SBSI unions to obtain their rightful registration. For instance, at PT Surya Amam Tunggal, a shrimp export company at Sidoarjo, management is still refusing to allow the workers the right to register with the SBSI on the grounds that management had to give its consent before workers could be allowed to register with the SBSI. The case is still pending. There are therefore several impediments put in the way of the SBSI in the registration of its local unions by both the Manpower Ministry and local management of plants.
5. 581. Furthermore, the WCL expresses concern about the legislation and practice dealing with the exercise of the right to organize of civil servants. Following the ratification of Convention No. 87, the Government declared that public servants were free from their obligations to be members of KORPRI, the official organization set up by the Government for civil servants. They could therefore join the organization of their own choosing. However, the legislation concerning public servants which denied them this right to organize, is still in force. The resulting situation is that not only are public servants confused about what exactly their rights are, but more importantly, public servants in a number of regions are being denied their right to organize. This is for instance the case in Sidoarjo (East Java) where no teachers' unions have been allowed to operate in the schools. Public servants, including public schoolteachers are barred from joining unions of their own choosing in both law and practice. However, like all other workers, public servants should have the right to organize and form unions of their own choosing without previous authorization.
6. 582. Finally, the WCL draws attention to the continual detention of Dita Sari. The unconditional freedom of all trade union leaders is necessary if Indonesia is to comply fully with its obligations to the ILO.

C. The Government's further reply

• Information on the general situation of workers and their organizations in Indonesia with regard to freedom of association (310th Report, paragraph 473(a))
  583. 583 In its communication dated 28 January 1999, the Government first of all states that in order to give a broader protection to the right to organize of workers, it ratified Convention No. 87 in June 1998. Furthermore, in August 1998 an ILO direct contacts mission was carried out in the country at the request of the Conference Committee on the Application of Standards in June 1998 in order to assist the Government in ensuring that its labour legislation was brought into full conformity with Conventions Nos. 87 and 98. Pursuant to the visit of the direct contacts mission, it was decided to postpone the entry into force of the Manpower Act No. 25 of 1997 -- which was originally due to take effect on 1 October 1998 -- until October 2000. The Government points out that in line with the recommendations contained in the report of the direct contacts mission, the Manpower Act is being revised and a Trade Union Bill, as well as a Bill on Labour Disputes Settlement, are being drafted in accordance with Conventions Nos. 87 and 98 in consultation with the social partners and with ILO technical assistance. On a practical level, the Government states that the Minister of Manpower had sent a letter on 16 June 1998 to the Minister of State for Coordination of Security and Political Affairs requesting that appropriate measures be taken to ensure that the military no longer intervened in labour disputes. Subsequently, the Coordination Minister sent instructions to the security agencies throughout the country to ensure that local military officials refrained from intervening in collective bargaining negotiations and the settlement of industrial disputes. Finally, the Government stresses that the reform process (reformasi) taking place in all spheres of activity in Indonesia since June 1998 has led to the emergence of 11 new trade unions as of December 1998, besides the previously existing FSPSI and SBSI. These unions, which carry out their activities freely without government interference, are the following: (1) Federation of All Indonesian Trade Unions (Federasi Serikat Pekerja Seluruh Indonesia (FSPSI)); (2) Federation of All Indonesian Trade Unions Reformation (FSPSI Reformasi)); (3) Indonesian Prosperity Trade Union (Serikat Buruh Sejahtera Indonesia (SBSI)); (4) Democratic Workers' Unions' Federation (Federasi Serikat Buruh Demokrasi Seluruh Indonesia (FSBDSI)); (5) Moslem Trade Union (Serikat Buruh Muslimin Indonesia (SARBUMUSI)); (6) Federation of Free Trade Unions (Gabungan Serikat Pekerja Merdeka Indonesia (GASPERMINDO)); (7) Indonesian Moslem Workers' Brotherhood (Persaudaraan Pekerja Muslimin Indonesia (PPMI)); (8) Federation of Bank and Financial Institutions Workers' Union (Federasi Organisasi Pekerja Keuangan dan Perbankan Indonesia (FOKUBA)); (9) Marhaen Workers' Union (Kesatuan Buruh Marhaen (KBM)); (10) National Workers' Union (Kesatuan Pekerja Nasional Indonesia (KPNI)); (11) Indonesian Workers' Union (Kesatuan Buruh Kebangsaan Indonesia (KBKI)); (12) Journalists' Trade Union (Serikat Pewarta, Serikat Pekerja Kewartawanan Indonesia); (13) Indonesian Union of Oil and Energy Employees (Serikat Pekerja Minyak dan Energi Indonesia).
• Legislative impediments preventing workers from establishing organizations of their own choosing (310th Report, paragraph 473(b))
  584. 584 The Government indicates that in line with the spirit of reformasi, Ministerial Regulation No. 03/MEN/1993 as well as Ministerial Regulation No. 01/MEN/1994 -- both of which related to the registration of workers' unions and were the object of the Committee's previous comments -- have been repealed and replaced by Ministerial Regulation No. PER-05/MEN/1998 of 27 May 1998 on the Registration of Workers' Organizations. This Regulation of 1998 prescribes that federations can register their branches at the company, district and provincial levels merely by submitting the union's constitution and by-laws and the list of its officers. This Regulation does not contain any requirements with regard to the number of union members or branch offices. Moreover, it is no longer a requirement for the union to provide a list of union members to the employer concerned. As a result of this new Regulation, it is much easier for unions to register now as illustrated by the fact that there are 13 registered unions which carry out their activities freely.
• Registration of the SBSI (310th Report, paragraph 473(c))
  585. 585 The Government explains that the SBSI, along with 12 other unions, have been registered at the national level. Moreover, it is registered in seven provinces consisting of 22 SBSI branch offices.
• Situation prevailing at the Southern Cross Textile Industry (310th Report, paragraph 473(d))
  586. 586 With regard to the alleged acts of anti-union discrimination carried out against workers of the Southern Cross Textile Industry (SCTI) found to be members of the SBSI, the Government states that these workers who were dismissed from the SCTI in April 1993 were given severance pay by the company ranging from Rp.3,859,000 to Rp.5,000,000.
• Information on the situation of workers involved in the April 1994 events in Medan (310th Report, paragraph 473(e))
  587. 587 The Government indicates that Messrs. Muhamad Ali (PT Perindoni) and Mulyadi (PT Ganda Seribu), as well as Messrs. Icang and Suryandi, all SBSI members, who were arrested and detained in connection with the April 1994 events in Medan, have all been released.
• Government investigation into Mrs. Marsinah's death (310th Report, paragraph 473(f))
  588. 588 The Government states, as it has on previous occasions to the Committee, that it is still investigating the case of Mrs. Marsinah, a female labour activist who died in East Java Province in May 1993 further to her participation in strike action. However, the Government still has not been able to elucidate the circumstances of her death. Moreover, although the Government has set up special working groups considered to be professional and independent to handle this case, their work has yielded no results so far. Even an investigation by the Indonesian National Commission on Human Rights has failed to resolve this case.
• Information on Mr. Muchtar Pakpahan (310th Report, paragraph 473(g))
  589. 589 The Government indicates that the President of Indonesia granted an amnesty to Dr. Muchtar Pakpahan through Presidential Decree No. 80 dated 25 May 1998. Pursuant to the granting of this amnesty, the criminal charges brought against Dr. Pakpahan in connection with the April 1994 events in Medan as well as the July 1996 events in Jakarta have been dropped. Moreover, Dr. Pakpahan, who is General Chairman of the SBSI, is exercising freely his legitimate trade union activities as illustrated by his attendance at the International Labour Conference in June 1998 in Geneva as part of the official Indonesian delegation to the Conference.
• Information on the arrest and detention of SBSI officers following the July 1996 events in Jakarta (310th Report, paragraph 473(h))
  590. 590 The Government asserts that all SBSI officers who were arrested and detained following the July 1996 events in Jakarta have been released including the nine officers of the SBSI's Riau Branch detained in early August 1996 and Mr. Rekson Silaban, Director of the International Department of the SBSI, who attended the 85th and 86th Sessions of the International Labour Conference in Geneva in June 1997 and June 1998 respectively. Moreover, all charges brought against these officers have been dropped.
• Detention of Ms. Dita Sari and Mr. Coen Pontoh following strike action (310th Report, paragraph 437(i))
  591. 591 The Government states that Mr. Coen Pontoh was released pursuant to Presidential Decree No. 105 dated 23 July 1998 but that Ms. Dita Sari is still in prison. She was sentenced to four-and-a-half years' imprisonment on 22 April 1997 and her appeal to the Supreme Court was dismissed in November 1997. The Minister of Manpower had sent three letters to the Minister of Justice dated 31 August, 23 September and 25 November 1998 requesting that she be released. On 18 December 1998, the Minister of Manpower had also sent a letter to the President asking for the immediate release of Ms. Dita Sari. He was informed that she had been offered conditional release which she had refused.
• Dismissal of 19 contract labourers from PT Pelangi Selaras Internusa (310th Report, paragraph 473(j))
  592. 592 The Government explains that the employment of 19 contract workers from PT Pelangi Selaras Internusa was terminated in Medan in July 1997 because they did not respect their employment contracts and not because of their SBSI membership. As a result, the management of the company submitted a proposal to the Committee for Labour Disputes Settlement (P4P) to terminate the employment of these 19 workers. On 7 October 1997, P4P decided that the employment of these workers should be terminated without severance pay. However, pursuant to the workers' request, the management gave them good will pay as witnessed by the mediator of the local office of the Manpower Ministry in Medan. The workers who were given good will pay are as follows: (1) Ms. Meri: Rp.952,860; (2) Ms. Tamiana: Rp.794,560; (3) Ms. Susi: Rp.636, 010; (4) Ms. Sri Susilayani: Rp.636,010; (5) Ms. Yurnalis; Rp.636,010; (6) Ms. Kartini: Rp.636,010; (7) Ms. Lilis Sulistianingsih: Rp.258,550; (8) Ms. Wahyu NST: Rp.258,550; (9) Ms. Maini: Rp.258,550; (10) Ms. Kartika: Rp.258,550; (11) Ms. Asroni: Rp. 258,550; (12) Ms. Ati Muliani: Rp.258,550; (13) Ms. Irma: Rp.258,550; (14) Ms. Sara: Rp.258,550; (15) Ms. Sri Wahyuni: Rp.258,550; (16) Ms. Ari Masniari: Rp.477,460; (17) Ms. Ima: Rp.477,460; (18) Ms. Marianti: Rp. 477,460; (19) Ms. Mia: Rp.477,460.
• Alleged detention of two IUF officials in September 1997 (310th Report, paragraph 473(k)(i))
  593. 593 The Government contends that the SBSI meeting held on 19 September 1997 was illegal since the SBSI did not inform the local security forces. The two IUF officials who attended this illegal meeting were taken to the police stations for questioning and subsequently asked to leave the country as a result of their illegal actions. Alleged arrest and detention of eight SBSI leaders in March 1998 (310th Report, paragraph 473(k)(ii))
  594. 594 The Government replies that eight SBSI leaders and activists, namely Ms. Farah Diba (Director of Women and Child Labour Department); Mr. Yudi Rahmat (Vice-Chairman of SBSI); Mr. Yudi Hermanto (Chief of SBSI Padang Branch Office); Mr. Sukirman (member of SBSI Lampung Branch Office); Mr. Sanusi (member of SBSI Tanjung Priok Branch Office, North Jakarta); and Messrs. Seno, Mahmud and Sumantri (activists of SBSI Serang Branch Office) were responsible for conducting unauthorized demonstrations and/or illegal meetings in early March 1998. Although they were questioned by the police, all of them were released shortly thereafter. None of them were detained.
• The WCL's new allegations of 26 February 1999
  595. 595 In its communication dated 11 May 1999, the Government addresses the various issues raised in the WCL's new allegations relating to the continual interference of the military in labour disputes, the lengthy registration process and the trade union rights of civil servants.
  596. 596 With regard to the allegation that the military intervened during the course of a labour dispute in February 1999 in PT Indosentral Megah Garmen in Bekasi, West Java, the Government indicates that on 25 January 1999, the Bekasi Local Office of the Department of Manpower (DOM) was informed of the closure of the above company. On 27 January 1999, officials from the local DOM office invited management of the company to pay outstanding wages and other allowances to the workers as well as their severance pay. Subsequently, although management and the local union SBSI Garteks agreed that the severance pay would be paid to the laid-off workers on 10 February 1999, management then stated that the company did not have enough money to give severance pay to the workers. As a result, a case was submitted to the Labour Disputes Settlement Council which issued a decision on 11 February 1999 whereby management was requested to pay the workers' severance pay. Since management was still unable to pay, the SBSI requested the Bekasi District Court to order execution of the Labour Disputes Settlement Council's decision. Consequently, management of the company and the workers recommenced negotiations on 8 March 1999 resulting in an agreement on 18 March 1999 to the effect that the building plant of PT Indosentral Megah Garmen would be rented out and that the income would be used to give workers their severance pay. The Government stresses, however, that there had been no military intervention during the process of the settlement of the dispute between the company and the workers. Similarly, there had been no military intervention in the case of PT Gajah Tunggal in Tangerang, West Java, where workers who were members of the SBSI were allegedly dismissed from the company in February 1999. The dismissal of the workers concerned had nothing to do with their SBSI membership but rather was related to serious indisciplinary acts such as carrying fireworks/explosives into the factory and rejecting mutations or job rotations requested by management.
  597. 597 The Government then turns to the WCL's allegations that while progress has been made in the area of registration of independent unions at the national level, the registration of local unions at plant level is excessively long and full of obstacles. Regarding alleged obstacles to the registration of local SBSI unions in Bandar Lampung in South Sumatra, the Government states that the Indonesian Forestry and Wood Workers' Union (KAHUT SPSI) was the first union to be established in PT Sinar Laut and PT Andatu Lestari Plywood. However, since the SBSI also wished to establish itself in these companies, the Regional Office of the Department of Manpower requested the SBSI to submit its membership list so that the union could be given a registration number. However, the local SBSI union refused to submit its membership list in conformity with the requirements of Ministerial Regulation No. 05/1998 which explains the delay in its registration. The Minister of Manpower nevertheless requested the Regional Office to accept the local SBSI union's application for registration which it did subsequently. With regard to the registration of the local SBSI union at PT Surya Amam Tunggal in Sidoarjo, East Java, the Government explains that on 16 July 1998, the local union applied for registration to the Local Office of the Department of Manpower (DOM) in Sidoarjo. Although the Local Office of the DOM sent the registration number via post shortly thereafter, executives of the local SBSI union informed the DOM that they still had not received the registration number as of the end of August 1998. Hence, the Local Office of the DOM again issued a new registration number which was received by the union on 9 September 1998. The delay in registration in this case was therefore due to bad communication between the parties. The Government points out that the local SBSI union is now established in PT Surya Amam Tunggal alongside the local SPSI union. The Local Office of the DOM in Sidoarjo has conducted various briefings in order to ensure that the employer does not obstruct the activities of the unions in the company.
  598. 598 With regard to the issue of the right to organize of civil servants, the Government acknowledges that in Sidoarjo, East Java, the teachers' association (PGRI) which first established itself in 1993 has not yet been registered as a trade union. However, since the ratification of Convention No. 87, civil servants are now free, in practice, to join other organizations besides KORPRI, which in any event is no longer a government-controlled organization. However, it is true that the law is not very clear on this matter. Hence, the Ministry of Home Affairs, which is responsible for supervising the administration and functioning of the civil service, as well as the Ministry of Labour, are pursuing measures with ILO technical assistance to ensure that legislation grants civil servants, including public school teachers, the right to join and establish organizations of their own choosing.
• Concluding remarks
  599. 599 The Government affirms that in the new era of reformasi in Indonesia, particular attention is being paid to the implementation of human rights and especially to the protection of workers' rights. All labour activists, with the sole exception of Ms. Dita Sari, have been released and charges against them dropped. Freedom of association and freedom of expression, as well as the right to hold meetings, are being fully guaranteed in line with this spirit of reformasi. Finally, and as mentioned before, Manpower Act No. 25 of 1997 is being revised and a Trade Union Bill, as well as a Bill on Labour Disputes Settlement, are being drafted with ILO technical assistance.

D. The Committee's conclusions

1. 600. The Committee notes that this case, which has been examined on five previous occasions, addresses serious allegations of infringements of trade union rights in Indonesia concerning the arrest and detention of trade union leaders and activists, the denial of the right of workers to establish organizations of their own choosing, interference by government authorities, the military and employers in trade union activities, various acts of anti-union discrimination including dismissals and restrictions on strike action and collective bargaining.
2. 601. However, since its previous examination of this case in May 1998 (310th Report, paras. 432 to 473), the Committee observes that a series of measures have been taken by the Government over the past year which have contributed to the positive development of the trade union situation in Indonesia. In particular, the Committee notes that the Government ratified Convention No. 87 in June 1998 and received an ILO direct contacts mission to the country in August 1998, which had the mandate of assisting the Government in ensuring that its labour legislation was brought into full conformity with Conventions Nos. 87 and 98. The Committee notes further that in line with the recommendations contained in the report of the direct contacts mission, the Government is redrafting its labour legislation in consultation with the social partners and with ILO technical assistance. On a practical level, all SBSI leaders and activists have been released from prison and the military has been issued instructions at all levels to refrain from intervening in labour disputes. The Committee takes note of these developments with interest and considers that they constitute significant progress with regard to freedom of association in Indonesia. It trusts that this progress will continue and enable the industrial relations system prevailing in Indonesia to be brought fully in line with freedom of association principles. The Committee proposes to review point by point the various issues it had raised during its previous examination of this case in the light of the recent events which have taken place in the country and which are reflected in the Government's reply.
3. 602. During its previous examination of this case, the Committee had concluded that Ministerial Regulation No. PER-03/MEN/1993, which imposed a situation of trade union monopoly by requiring the approval of the SPSI in order for any other union to be registered, comprised requirements that were so stringent as to constitute a major limitation to freedom of association and collective bargaining. It had therefore urged the Government to eliminate such legislative impediments (particularly section 2(a), (b) and (c) of this Regulation) so as to ensure that the right of workers to organize and bargain collectively was fully recognized in law and in practice.
4. 603. The Committee notes with interest that Ministerial Regulation No. PER-03/MEN/1993 has been repealed and replaced by Ministerial Regulation No. PER-05/MEN/1998 of 27 May 1998 on the registration of workers' organizations. While article 2 of Regulation No. 5 of 1998 prescribes that unions must register their branches at the company, district and provincial levels, the Committee notes that this Regulation does not imposed any requirements with regard to the number of union members or branch offices that an organization must have in order to be registered. According to the Government, this Regulation of 1998 has made it much easier for unions to register themselves as illustrated by the establishment of 13 unions as of December 1998. The Committee further notes that in line with the recommendations of the ILO direct contacts mission which visited the country in August 1998, Manpower Act No. 25 of 1997 -- whose entry into force has been postponed until October 2000 -- is being revised and a Trade Union Bill, as well as a Bill on Labour Disputes Settlement, are being drafted in conformity with Conventions Nos. 87 and 98 with ILO technical assistance. The Committee draws these aspects of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
5. 604. Regarding the specific case of the SBSI which had been seeking registration since 1993, the Committee had urged the Government on previous occasions to take the appropriate steps to ensure that the SBSI was granted registration without any further delay so as to enable it to exercise legitimate trade union activities. The Committee is pleased to note that the SBSI has finally been granted registration at the national level. The Committee further observes that the SBSI is registered in seven provinces consisting of 22 SBSI branch offices.
6. 605. With regard to the specific situation of Mr. Muchtar Pakpahan, the Committee had urged the Government, during its previous examination of this case, to drop the criminal charges brought against Mr. Pakpahan in connection with the April 1994 events in Medan, as well as the July 1996 events in Jakarta, and to ensure that he could exercise freely his legitimate trade union activities. The Committee notes with interest the information provided by the Government to the effect that following a presidential amnesty granted to Mr. Pakpahan on 25 May 1998, all criminal charges pending against him in connection with the April 1994 events in Medan, as well as the July 1996 events in Jakarta, have been dropped. Moreover, as General Chairman of the SBSI, Mr. Pakpahan is exercising freely his legitimate trade union activities.
7. 606. During its previous examination of this case, the Committee had urged the Government to ensure that 16 workers found to be members of the SBSI who were dismissed from the Southern Cross Textile Industry (SCTI) in April 1993 were reinstated in their jobs, or to ensure that they received full compensation (see 310th Report, para. 460). The Committee takes note of the Government's statement that these workers were given severance pay ranging from Rp.3,859,000 to Rp.5,000,000.
8. 607. With regard to the situation of Messrs. Muhamad Ali, Mulyadi, Icang and Suryandi, all SBSI officers who were arrested and detained in connection with the April 1994 events in Medan, the Committee notes the Government's statement that these persons have all been released. The Committee further notes that all SBSI officers who were arrested, detained or interrogated by the police following the July 1996 events in Jakarta have also been released. The Committee would nevertheless recall that the harassment, arrest or detention of trade union leaders for activities connected with the exercise of trade union rights are contrary to the principles of freedom of association.
9. 608. As regards the investigation into the homicide of Mrs. Marsinah, a labour activist, which occurred in May 1993, the Committee profoundly deplores that the circumstances of her death have still not been elucidated by a Government investigation into the matter which commenced in June 1995. In this respect, the Committee would draw the Government's attention to the fact that the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights. Moreover, the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 51 and 55). Noting with regret that the Government has not reported on any progress made in its investigation in shedding any light on this serious incident, the Committee reiterates its request to the Government to institute without delay an independent judicial inquiry into the homicide of Mrs. Marsinah which occurred over six years ago, so as to identify and punish the guilty parties. It requests the Government to keep it informed of the results thereof.
10. 609. During its previous examination of this case, the Committee had urged the Government to reply to the allegation that heavy prison sentences had been imposed on Ms. Dita Sari and Mr. Coen Pontoh, two union leaders of the independent labour organizations Pusat Perjuangan Buruh Indonesia (PPBI) and Serikat Tani Nasional (STN), respectively, for having participated in strike action in the city of Surabaya on 8 July 1996. The Committee recalls that reasons for the industrial action included typical labour demands as well as demands for the repeal of strict security laws and for the military to stop intervening in labour affairs. However, the police and army units intervened and violently broke up the strike action; subsequently, Ms. Dita Sari and Mr. Coen Pontoh were arrested and detained. The Committee notes the Government's statement that although Mr. Coen Pontoh was released on 23 July 1998 following the granting of a presidential amnesty, Ms. Dita Sari is still in prison. The Committee notes with deep regret that she was sentenced to four-and-a-half years' imprisonment on 22 April 1997. The Committee must emphasize that the detention of trade union leaders for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular (see Digest, op. cit., para. 71). The Committee therefore insists on the immediate and unconditional release of Ms. Dita Sari. In this respect, the Committee welcomes the moves by the Minister of Manpower to write to the Minister of Justice on three occasions and to the President, supporting the early release from imprisonment of Ms. Dita Sari and firmly hopes that the competent authorities will proceed to implement this recommendation in line with the Government's international obligations stemming from the ratification of Convention No. 87.
11. 610. As regards the allegation that 18 contract labourers were dismissed from PT Pelangi Selaras Internusa in Medan on 11 July 1997 on account of their SBSI membership, the Government replies that the employment of 19 contract workers from this company was indeed terminated. However, these workers were not dismissed on account of their SBSI membership but because they had not respected their employment contracts. While noting that these 19 workers accepted compensation for their termination of employment by the company, the Committee wishes to point out that it would not appear that sufficient protection against acts of anti-union discrimination, as set out in Convention No. 98, is granted by legislation in cases where employers can in practice, on condition that they pay the compensation prescribed by law for cases of unjustified dismissal, dismiss any worker if the true reason is the worker's trade union membership or activities (see Digest, op. cit., para. 707).
12. 611. Concerning the alleged detention of two IUF officials in September 1997, the Government contends that since the SBSI meeting held on 19 September 1997 was illegal, the two IUF officials who attended this illegal meeting were taken to the police station for questioning and subsequently asked to leave the country as a result of their illegal actions. Recalling that the two IUF officials in question were merely attending the second Congress of the SBSI, whose Makanan, Minuman, Periwisata, Restaurant and Hotel Federation is affiliated to the IUF, the Committee would draw the Government's attention to the principle that visits to affiliated national trade union organizations and participation in their congresses are normal activities for international workers' organizations (see Digest, op. cit., para. 638). In these circumstances, the Committee considers that the actions of the IUF officials cannot be considered as illegal.
13. 612. With regard to the alleged arrest and detention of eight SBSI leaders and activists in March 1998, the Government states that these eight SBSI leaders and activists (Ms. Farah Diba, Mr. Yudi Rahmat, Mr. Yudi Hermanto, Mr. Sukirman, Mr. Sanusi, Mr. Seno, Mr. Mahmud and Mr. Sumantri) were responsible for conducting unauthorized demonstrations and/or illegal meetings in early March 1998. In this respect, the Committee recalls that permission to hold public meetings and demonstrations, which is an important trade union right, should not be arbitrarily refused (see Digest, op. cit., para. 139). The Government goes on to explain, however, that although these eight leaders and activists were questioned by the police, all of them were released shortly thereafter. The Committee must emphasize in this regard that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights (see Digest, op. cit., para. 77). The Committee, nevertheless, takes due note of the Government's statement that in the new era of reformasi in Indonesia, particular attention is being given to the protection of workers' rights and that freedom of association and freedom of expression, as well as the right to hold meetings, are being guaranteed in line with the spirit of reformasi.
14. 613. With regard to the alleged violations of freedom of association reported by the SBSI in its communication dated 11 June 1996, the Committee had requested the complainant to provide additional information in view of the wide discrepancies between the complainants' and the Government's versions of events that occurred. The Committee notes that the SBSI provides additional information on the following allegations: (i) the physical violence against Messrs. Aryanto and Rozali; (ii) the grounds justifying Mr. Asipto Parangun-Agin's arrest; (iii) the content of the pamphlet distributed by Mr. Farid Mu'adz on the right to strike; (iv) the acts of anti-union discrimination against seven workers of the PT Tris Delata Agindo who were allegedly forced to withdraw their SBSI membership; and (v) the acts of vandalism against the SBSI sign for Medan and Binjai branches. The Committee takes note of the SBSI's statement that the above cases have been resolved due to the widespread reform movement (reformasi) which first gained ground in Indonesia in June 1998 and that the above allegations should no longer be considered as outstanding. As a result, the Committee considers that this aspect of the case does not call for further examination.
15. 614. Regarding the WCL's new allegation that the military intervened in labour disputes involving local SBSI unions in PT Indosentral Megah Garmen in Bekasi, West Java, and in PT Gajah Tunggal in Tangerang, West Java, the Committee notes that the Government does not contest that there were labour disputes involving local SBSI unions in both companies in February 1999. However, it categorically denies that the military had intervened in either of these disputes. In view of the contradiction between these two statements, the Committee would recall that a genuinely free and independent trade union movement can only develop where fundamental human rights are respected and that all appropriate measures should be taken to guarantee that irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind (see Digest, op. cit., paras. 35 and 36).
16. 615. As regards the WCL's new allegation that the registration of local SBSI unions at the plant level is excessively long and full of obstacles, the Committee notes the Government's statement that there was a delay in the registration of local SBSI unions in PT Sinar Laut and PT Andatu Lestari Plywood in Bandar Lampung in South Sumatra. However, this was due to the fact that the local SBSI union did not comply with the formalities prescribed by Ministerial Regulation No. 05/98. The Government points out that the local SBSI union was nevertheless registered subsequently. In the case of PT Surya Amam Tunngal in Sidoarjo, East Java, the delay in registration was due to poor communication between the Local Office of the Department of Manpower and the local union. However, the Government indicates that in all three companies the local SBSI unions are now established and carrying out their activities alongside the local SPSI unions. In these circumstances, the Committee would recall that although the founders of a trade union should comply with the formalities prescribed by legislation, these formalities should not be applied in such a way as to delay or prevent the setting up of occupational organizations (see Digest, op. cit., paras. 248 and 249).
17. 616. Finally, as regards the WCL's allegation that public servants in general and teachers, in particular, do not have the right to join organizations of their own choosing, the Government acknowledges that the teachers' association (PGRI) which first established itself in 1993 in Sidoarjo, East Java, has not yet been registered as a trade union. It contends, however, that since the ratification of Convention No. 87, civil servants are free to join organizations of their own choosing in practice. The Committee would remind the Government that public servants, like all other workers, without distinction whatsoever, have the right to form and join organizations of their own choosing, without previous authorization, for the promotion and defence of their occupational interests (see Digest, op. cit., para. 213). In this respect, the Committee notes the Government's statement that the Ministry of Home Affairs along with the Ministry of Labour, are pursuing measures with ILO technical assistance to ensure that legislation grants civils servants, including public school teachers, the right to join and establish organizations of their own choosing. The Committee draws this aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.