Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Indonésie (Ratification: 1950)

Autre commentaire sur C029

Observation

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. The Committee previously requested information on the judicial proceedings instituted under Law No. 21/2007 on combating trafficking in persons. It also requested information on the activities of the Task Force to Prevent and Address the Criminal Act of Trafficking in Persons (Task Force), established pursuant to Presidential Decree No. 69/2008.

The Committee notes the Government’s statement that, in practice, Law No. 21/2007 has been strictly applied, and notes the Supreme Court Decision No. 2090 K/Pid.Sus/2009, submitted with the Government’s report, on its application. The Committee also notes the Government’s indication in its report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182) that in 2011 the police handled cases of trafficking involving 146 adults and 68 children. The Government indicates that 164 trafficking offenders were identified, and 91 of the cases were successfully prosecuted. The Committee further notes that, pursuant to section 4 of Presidential Decree No. 69/2008, the Task Force is responsible for coordinating efforts to prevent and address trafficking in persons, as well as monitoring the progress of law enforcement in this regard. Additionally, concerning enforcement efforts, the Committee notes the Government’s indication that it has developed a model for the prevention of trafficking and has provided training to officials on this subject.

The Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 27 July 2012, expressed concern at the gaps in the enforcement of Law No. 21/2007 and on the low number of persons convicted and punished for trafficking (CEDAW/C/IDN/CO/6-7, paragraph 29). The Committee urges the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken in this regard, including by the Task Force. It requests the Government to provide information on the measures taken to effectively enforce Act No. 21/2007 as well as on the results achieved, particularly the number of investigations, prosecutions and convictions. Moreover, recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee requests the Government to provide information on the specific penalties imposed on persons convicted under Act No. 21/2007, in its next report.

2. Protection and reintegration of victims. In its previous comments, the Committee noted that the Task Force had established an integrated service centre for empowering women and child victims of trafficking. The Committee notes that, pursuant to section 4 of Presidential Decree No. 69/2008, the Task Force’s responsibilities include monitoring the progress of the implementation of measures taken for the protection of victims, particularly for their rehabilitation, repatriation and social reintegration. Sections 12 and 13 of the Decree establish provincial and district/municipal task forces, to coordinate with the National Task Force. In this regard, the Committee notes the indication in the Government’s report that it has established provincial task forces in 21 provinces and district task forces in 72 districts/cities. The Government also indicates that measures have been taken to provide a single identification number to each citizen to prevent the falsification of documents. Moreover, the Government indicates that it has coordinated with relevant agencies and NGOs on the dissemination of information and advocacy concerning trafficking in persons.

The Committee further notes the Government’s statement in its report submitted to the Human Rights Committee of 19 March 2012 that the Integrated Service Unit provides integrated activities and services for victims of trafficking and violence (CCPR/C/IDN/1, paragraph 119). The Government indicates that the Standards for Minimum Services for this Unit were launched in August 2010, which includes requiring each district/municipality to have at least two community health-care centres particularly designed to prevent and respond to violence against women and children (CCPR/C/IDN/1, paragraph 41). The Government further indicates in this report, that between March 2005 and June 2010, 3,642 trafficking victims were identified and assisted, including 3,298 female victims (CCPR/C/IDN/1, paragraph 123). The Committee requests the Government to pursue its efforts to provide appropriate protection and assistance to victims of trafficking with a view to facilitating their subsequent reintegration into society. It also requests the Government to continue to provide information on the specific measures taken in this regard, as well as information on the number of persons benefiting from these services.

Articles 1(1), 2(1) and 25. Vulnerability of migrant workers to conditions of forced labour. 1. Law enforcement and monitoring. The Committee previously noted that the Government was taking measures to improve the protection of Indonesian migrant workers against forced labour exploitation. These included the provision of training to migrant workers, services provided to migrant workers in Indonesian diplomatic missions overseas and the adoption of Law No. 39 of 2004 on the Placement and Protection of Indonesian Migrant Workers in Foreign Countries, Regulation PER-07/MEN/V/2010 on Insurance for Indonesian Migrant Workers, and Regulation PER 03/KA/II/2010 on the Standard of Services for the Protection of Migrant Workers.

The Committee notes the Government’s statement that it continues to provide information to potential migrants on working abroad and on their rights as migrant workers. It also states that the National Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI) has developed a series of best practices to prevent the trafficking of Indonesian migrant workers. The Government further indicates that task forces for the prevention of non-procedural departures of migrant workers have been established in 14 border areas and that the registration of prospective workers is done both online and at the district offices of the Department of Manpower. Concerning the application of Law No. 39 of 2004, the Government indicates that both the BNP2TKI and the Ministry of Manpower and Transmigration (MoMT) conduct direct monitoring of private recruitment agencies with a view to preventing exploitation. The Government also indicates that the BNP2TKI takes measures to contact the relevant private recruitment agencies concerning violations, and if the problem is not resolved, the BNP2TKI recommends to the MoMT that sanctions should be imposed on the company. Moreover, the Government indicates that it has issued a Ministerial Decree on placement fees payable by migrant workers, to protect migrant workers from illegal financing practices.

However, the Committee notes the Government’s statement in its report to the CEDAW of 7 January 2011 that Indonesian migrant workers experience a lot of human rights abuses, including forced labour, and that many migrant workers are also victims of human trafficking (CEDAW/C/IDN/6-7, paragraphs 37–38). The Committee also notes that the CEDAW, in its concluding observations of 27 July 2012, welcomed the monitoring of recruitment agencies, but also reiterated its deep concern about the persistence of violence, abuse and exploitation experienced by female migrant workers in the host countries and at the hands of the recruitment agencies that facilitate their placement (CEDAW/C/IDN/CO/6-7/R.1, paragraph 43).

The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore urges the Government to strengthen its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, and to continue to provide information on measures taken in this regard. The Committee also requests the Government to pursue its efforts to monitor recruitment agencies, including through the effective application of Law No. 39/2004 on the Placement and Protection of Indonesian Migrant Workers. In this regard, it requests the Government to provide, in its next report, information on the application of Law No. 39/2004 in practice, particularly the number of violations reported, investigations, prosecutions and the specific penalties applied.

2. International cooperation. The Committee previously noted the Government’s indication that moratoriums had been established on sending domestic workers to Jordan, Malaysia and Kuwait. The Government indicated that a letter of intent had been signed with the Government of Malaysia to stipulate that Indonesian domestic workers had the right to retain their passports while in Malaysia, were entitled to one rest day a week, and would have wages commensurate with the market.

The Committee notes the Government’s statement that a moratorium on sending workers to Saudi Arabia was imposed in 2010, and that it is pursuing MoUs with Saudi Arabia and Kuwait. The Government indicates that it plans to establish legal attachés in Saudi Arabia and Malaysia with a view to providing protection to Indonesian workers in these countries. The Committee also notes that the Government has collaborated with the ILO to implement the Combating Forced Labour and Trafficking of Indonesian Migrant Workers Project, which aims to strengthen the protection of migrant workers against trafficking and forced labour practices as well as empower them financially in order to provide alternatives to hazardous overseas labour conditions and migration practices. The Committee requests the Government to continue to provide information on international cooperation efforts undertaken to support migrant workers in destination countries, including measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse. The Committee also requests the Government to indicate, in its next report, whether there are plans to include guarantees similar to those contained in the MoU with the Government of Malaysia in bilateral agreements with other countries, as well as information on the implementation of such agreements in practice.