Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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

Autre commentaire sur C029

Observation

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The Committee notes the Government’s report. It also takes note of the observations of the International Trade Union Confederation (ITUC) received on 31 August 2014 as well as the joint observations of the Confederation of Indonesian Prosperity Trade Union (KSBSI) and the Indonesian Migrant Workers Union (SBMI) received on 10 July 2015.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Prevention and law enforcement. In its previous comments, the Committee urged the Government to strengthen its efforts to prevent, suppress and combat trafficking in persons and to provide information on the measures taken to effectively enforce Act No. 21/2007 on trafficking in persons, including the number of investigations and prosecutions carried out and penalties imposed.

The Committee notes from the Government’s report the following court rulings issued for the offences under Act No. 21/2007 related to trafficking in persons: three years imprisonment and a fine for a person convicted under section 10 (helping or attempting to commit trafficking in persons); four years imprisonment and a fine for a person convicted under section 11 (planning and committing trafficking in persons); and one year imprisonment and a fine for a person convicted under section 19 (falsification of documents to facilitate trafficking in persons). The Government also refers to various initiatives undertaken to prevent trafficking in persons. These include the establishment of 305 Women and Child Service Units by the Indonesian National Police to handle cases of abuse against women and children, including trafficking; and the preparation and publication of a guideline for police on handling of cases of trafficking in persons. Additionally, the Committee notes from a report of 2014 by the International Organization for Migration (IOM) that in 2013, the IOM together with the Government provided training to a total number of 31,343 officials from the police, immigration, army, prosecutors and local government on people smuggling and migration issues.

However, the Committee notes that according to the 2013 report of the project entitled “Protecting and Empowering Victims of Trafficking in Indonesia” implemented in cooperation with the United Nations Trust Fund for Human Security, Indonesia is a major source country for women, children and men who are subjected to trafficking for sexual exploitation and forced labour, with estimates on the number of victims ranging from 100,000 to 1 million persons annually. The Committee notes with concern the high number of persons who are trafficked annually from Indonesia and, at the same time, the very low number of persons prosecuted and punished for the offences related to trafficking in persons. The Committee therefore urges the Government to ensure that all persons who engage in trafficking and related offences are subject to thorough investigations and prosecutions, and requests it to continue to provide information on the number of judicial proceedings initiated, as well as on the number of convictions and penalties imposed. It also requests 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.

Protection and reintegration of victims. In its previous comments, the Committee noted the Government’s indication that it has established an Anti-trafficking in Persons Task Force in 21 provinces and 72 districts/cities whose responsibilities, pursuant to section 4 of Presidential Decree No. 69/2008, include monitoring the progress of the measures taken for the protection, rehabilitation, repatriation and social integration of victims of trafficking.

The Committee notes from the Government’s report that the responsibilities of the Anti-trafficking in Persons Task Force include identifying victims of trafficking and providing them with assistance such as medical and legal assistance as well as family tracing, repatriation and social reintegration. The Government also indicates that the Ministry of Social Affairs has established 20 Protection Home and Trauma Centres, 25 Child Social Protection Homes and one Women Social Protection Home which provide social rehabilitation services to victims of trafficking. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of 10 July 2014, expressed concern that the Anti-trafficking in Persons Task Force was not sufficiently effective and that many districts are still not covered by the task force (CRC/C/IDN/CO/3-4, paragraph 75). The Committee requests the Government to take the necessary measures to improve the functioning of the Anti-Trafficking in Persons Task Force in order to provide appropriate protection and assistance to victims of trafficking and to facilitate their subsequent reintegration into society. It also requests the Government to continue to provide information on the specific measures taken in this regard. The Committee further requests the Government to provide information on the number of victims of trafficking who are benefiting from the services of the Task Force as well as from the protection homes established by the Ministry of Social Affairs.

2. Vulnerability of migrant workers to forced labour. Law enforcement and monitoring. The Committee previously noted that the Government continued to take measures to improve the protection of Indonesian migrant workers against situations amounting to forced labour, such as providing information to potential migrants on working abroad and on their rights as migrant workers; establishing task forces for the prevention of non-procedural departures of migrant workers in 14 border areas; registering prospective workers both online and at the district offices of the Department of Manpower; conducting direct monitoring of private recruitment agencies by the National Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2TKI) and the Ministry of Manpower and Transmigration (MoMT) with a view to preventing exploitation; and issuing a Ministerial Decree on placement fees payable by migrant workers, to protect migrant workers from illegal financing practices.

The Committee notes that the ITUC indicates that Indonesian migrants seeking overseas employment in domestic work are required to apply through government-approved private recruitment agencies as stipulated under section 10 of Law No. 39/2004 concerning the Placement and Protection of Indonesian Overseas Workers. In its observations, the ITUC, along with the KSBSI, express extreme concern at the high incidence of exploitation and forced labour in the migration process and the Government’s failure to properly regulate, monitor and punish both recruitment agencies and brokers who are working on their behalf and violating Laws Nos 39/2004 and 21/2007. The ITUC refers to the study conducted in 2013 by the Indonesian Migrant Workers Union (SBMI) and Amnesty International which found that some recruitment agencies routinely subject migrant workers to forced labour practices. The study indicates that the majority of migrant workers interviewed were deceived concerning a substantial aspect of their employment terms, and many faced high recruitment fees and subsequent debt. Moreover, their identity documents were confiscated by the recruitment agencies until the recruitment fees were paid in full. Finally, the freedom of movement of these migrant workers were restricted and they were subject to compelled unpaid work during their training period at the training centres as well as to verbal, physical and sexual abuses. The ITUC states that given that the Indonesian government is directly responsible for running the Final Pre-Departure Programme, which all migrants are required to attend after they have received all the necessary documents for the job placement, there can be no justification for the current situation in which migrant workers regularly leave the country without the legally required documentation. The ITUC alleges that the Government has not taken appropriate measures for the effective enforcement of the provisions of Law No. 39/2004 and that there is little evidence of the Indonesian authorities investigating or imposing effective sanctions against recruitment agencies for not complying with their responsibilities under the legislation. In this regard, the ITUC indicates that the only data available with regard to sanctions issued for violating Law No. 39/2004 was in 2011, whereby 28 recruitment agencies had their licenses revoked in 2011.

The Committee notes the Government’s information that the new Regulation No. 3 of 2013 on the Protection of Migrant Workers Abroad sets out a protective framework for migrant workers during pre-placement, placement and post placement periods. According to the Government’s report, Regulation No. 3 of 2013 provides for administrative and technical protection during the pre-placement period, which involves: compliance with the document of placement; determination of the cost of placement; determination of the terms and conditions of employment; socialization and dissemination of information; and implementation of pre-departure briefing on the working conditions and workers’ rights and complaints mechanisms. The protection during placement includes consular assistance and the provision of legal aid. Moreover, the post-placement protection for migrant workers includes provision for their safe return to their area of origin; transportation costs; medical insurance claims; and the provision for health care, physical and mental rehabilitation services. The Government also states that it has imposed administrative sanctions for violations of several provisions of Law No. 39/2004 in the form of written warnings, the temporary termination in part or entire business activities of migrant workers’ placement centres; and permit revocation. In 2015, the Ministry of Manpower revoked the operational permits of 18 placement agencies.

While taking due note of the measures taken by the Government, the Committee recalls the importance of taking effective action to ensure that the system of recruitment and employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive 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 provide information on the measures taken in this regard. It also urges the Government to take the necessary measures to ensure the effective application of Law No. 39/2004 and Regulation No. 3 of 2013 and to provide information on the number of violations reported, investigations, prosecutions and the penalties imposed. The Committee requests the Government to provide information on the number of licensed and permitted recruitment agencies operating in Indonesia as of January 2017, as well as the number of these agencies that have been found in violation of the above legislation.

The Committee is raising other matters in a request addressed directly to the Government.