Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Articles 1(1), 2(1) and 25 of the Convention.  1. Trafficking in persons. In its previous observation the Committee, noting the persistence of the practice of trafficking in persons in Indonesia, and the gravity and extent of the phenomenon, expressed the hope that the Government would provide detailed information concerning its efforts to combat this problem, particularly with regard to prevention and protection measures and to the punishment of perpetrators.

The Committee notes the information supplied by the Government in its report concerning the implementation of the National Plan of Action for the Elimination of Trafficking in Women and Children, and, in particular, the information on the prevention and protection measures, law enforcement, as well as intersector and intergovernmental coordination and cooperation. The Committee notes the “challenges” in relation to efforts in Indonesia to combat trafficking in persons, which the Government identified in its national report submitted in March 2008 to the Working Group on the Universal Periodic Review of the UN Human Rights Council (A/HRC/WG.6/1/IDN/1). The Committee hopes that the Government will provide more specific and detailed information about task forces required to be set up under section 58(2) and (3) of Law No. 21/2007 to implement policies, programmes, and activities to prevent trafficking in persons, particularly at the regional (provincial and district) and municipal levels of government, including information about their operation and functioning and the amount and adequacy of budgetary allocations they receive, and, in general, information about the attention being paid to the problem of trafficking at that level of government.

The Committee notes the information in the Government’s report on recent law enforcement efforts, including the references to judicial cases involving the arrest, prosecution and punishment of perpetrators. The Committee hopes that the Government will continue to provide information about the judicial proceedings instituted under Law No. 21/2007, as well as, more generally, information regarding the enforcement by police and judicial authorities of criminal provisions relating to trafficking in persons, including statistics about prosecutions, convictions and sentences imposed.

The Committee notes the reference in the Government’s report to Decree No. 10 of July 2007 of the Chief of the Indonesian National Police, issued under section 45 of Law No. 21/2007 in relation to establishment of “special service rooms” in local police stations in every province and city to protect victims of trafficking and to examine witnesses in trafficking investigations. The Government also refers to Regulation No. 9/2008 promulgated under section 46(2) of Law No. 21/2007 on the establishment of “integrated service centers” in every city and regency to protect victims and witnesses in trafficking cases. The Committee also notes the reference to an undated multi-stakeholder initiative that entails disseminating information to and sensitizing prosecutors regarding Law No. 21/2007. The Committee hopes that the Government will continue to provide information about the operation and functioning of these special service units, particularly their use in criminal investigations and witness protection programmes, and that it will also supply copies of the provisions referred to above. The Committee repeats its request for information on the operation of the Witness and Victim Protection Institution (LPSK), including a copy of the annual report which the LPSK is required to submit to the House of Representatives under article 13(2) of Law No. 13/2006.

2. Vulnerable situation of Indonesian migrant workers with regard to the illegal exaction of forced labour. In its previous observation the Committee noted, inter alia, that Law No. 39/2004 on the placement and protection of Indonesian workers abroad does not appear to provide effective protection for migrant workers against the risks of exploitation due to its vague provisions and its numerous shortcomings and that, despite these and other measures adopted by the Government, many Indonesian workers continue to turn to illegal networks, thereby increasing the risk of exploitation. The Committee hopes that the Government will provide detailed information on tangible measures it is taking to improve the protection of Indonesian migrant workers against exploitation and the imposition of forced labour, both in Indonesia and following their departure abroad.

The Committee notes the references in the Government’s report to the issuance of several legal provisions to implement Law No. 39/2004, including: Presidential Decree No. 81/2006 (and the establishment under that Decree of a coordinating body, the National Board for the Placement and Protection of Indonesian Overseas Workers (BNP2TKI)); Presidential Instruction No. 6/2006 on reform of the policy on the protection and placement of Indonesian workers abroad; and Decree No. 18/2007 of the Ministry of Manpower and Transmigration. The Government refers to several measures taken pursuant to Presidential Instruction No. 6/2006, including: the establishment of citizens’ advisory services in six destination countries; allocations made under the state budget to “Indonesian Labour” to subsidize the printing of “overseas workers cards” and the costs of pre- and post-departure training programmes; and the establishment of “integrated service rooms” at airport gates. The Committee also notes the Government’s reference to the increased number of Indonesian labour attachés assigned to destination countries.

The Committee notes that the measures noted above appear to place greater emphasis on addressing the shortcomings of worker placement and placement-related procedures than on worker protections. The Committee therefore hopes that the Government will provide greater information about the protective aspects of the provisions noted above and about the measures being taken to implement them, and that it will also supply copies of those provisions. The Committee would be grateful for more specific information about the activities of the National Board for the Placement and Protection of Indonesian Overseas Workers as they relate to the protection of Indonesian migrant workers. Please also provide more detailed information about measures being taken or contemplated to protect Indonesian migrant workers by way of controlling the exploitative aspects of activities of private recruitment agencies including their fee-charging practices. The Committee hopes that the Government will continue to report on all measures being taken or envisaged to overcome the shortcomings of the legislation in force, particularly Law No. 39/2004.

In its previous observation the Committee noted that the Memorandum of Understanding (MoU) concluded with the Government of Malaysia in May 2006 does not guarantee standard labour protections; does not include measures to prevent and respond to cases of abuse; and contains provisions that contribute to maintaining Indonesian migrant workers in situations of great vulnerability, particularly through its authorization for employers to confiscate and hold workers’ passports. The Committee notes with concern that in its latest report the Government, in referring to this authorization under the MoU, appears to justify the practice as having a protective purpose and as benefiting the workers concerned, and it also refers to a makeshift programme involving the printing of a worker ID card “as a passport substitute”. The Committee hopes that the Government will take steps without delay to amend its MoU with the Government of Malaysia to prohibit employer withholding of worker passports, to eliminate all other restrictions on the fundamental rights of domestic and other migrant workers, to guarantee standard labour protections, and to provide for measures to prevent and respond to cases of worker abuse. The Committee trusts that the Government will ensure that similar safeguards and protections are included in all other such bilateral agreements, including the 13 agreements referred to by the Government in its report. The Committee would be grateful for information from the Government in its next report indicating the progress made, as well as copies of all memoranda of understanding it refers to in its report.