Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes the Government's report.

1. Article 25 of the Convention.

(a) In its previous comments concerning the free choice of work for contract labourers after expiration of their contracts, the Committee referred to Ministerial Decision No. 12/MEN/BP/84 of 24 January 1984 which provides for various protective measures for contract labourers in Sumatra, such as the obligation of the suppliers of plantation labour to bear all the transportation costs for returning workers to their homes. The Committee notes the Government's statement in its report that workers who want to return to their places of origin should be paid their returning transportation costs. The Committee hopes that the Government will provide in its next report information on any problems encountered in the application of this provision and, if so, on the action taken. The Committee requests the Government to provide a copy of the PIR special plantation project to which the Government refers in its report as well as of the provisions governing local transmigration.

(b) The Committee had also noted Ministerial Regulation No. KEP-883/MEN/1987 concerning Operational Guide-lines for Inter-Regions Employment and the Regulation of the Director-General for Manpower Development and Placement No. KEP-2130/MEN/BP/1987 concerning Technical Guidance for Implementation of Inter-Regions Employment. The Committee notes the Government's information in its report that these texts have been substituted by Regulation No. KEP-1144/MEN/1988 and Regulation No. KEP-669/MEN/BP/1989. The Committee requests the Government to provide with its next report a copy of each regulation.

(c) The Committee also requested previously the Government to supply information, more generally, on the measures taken to supervise the activities of labour contractors, to investigate allegations of forced labour and to ensure that all illegal exaction of work is strictly punished, as well as information on the activities of the labour inspectorate in this regard. The Committee notes the Government's information in its report that labour inspection provides for the enforcement of the labour agreements. The Committee would appreciate more detailed information on the enforcement machinery, in particular, over inspections carried out, on cases of prosecutions, as well as a copy of inspection reports dealing with the question of free choice of labour by contract labourers.

2. The Committee had noted that under article 19, paragraph 1(d), of the Government Regulation No. 52 of 1958 on the Service Contract and Legal Status of Career Members of the Armed Forces, a career member can resign on request if the request is accepted; under article 22, paragraph 1, those who apply for resignation under article 19, paragraph 1(d) and (f), are obliged to reimburse the cost of all or a part of the education they have obtained during their services. Under paragraph 2 of the same article, the amount of the reimbursement could be raised by a decision of the Minister of Defence. The Committee notes the Government's information in its report that Regulation No. 52 of 1958 has been replaced by Regulation No. 6 of 1990 and is no longer valid; it also notes the Government's indication that article 19(1)(d), (f) and (2) has never been implemented. The Committee requests the Government to provide with its next report a copy of Regulation No. 6 of 1990.