Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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. 1. Trafficking in persons. (a) Prevention and law enforcement. The Committee previously noted the adoption of Act No. 21 of 2007 on trafficking in persons and the information on court decisions handed down under this Act, according to which, three perpetrators convicted of trafficking received penalties of up to four years’ imprisonment. The Committee also noted that, in 2013, the International Organization for Migration (IOM) together with the Government provided training to officials from the police, immigration, army, prosecutors and local government on people smuggling and migration issues. However, the Committee noted 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 remained 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 the Government’s information in its report that, in 2017, judicial proceedings were initiated for 233 cases of trafficking in persons. A total of 222 cases have been resolved, while 31 cases have entered into the appeal process. The Government states that measures have been taken to strengthen the capacity of officers involved in combating trafficking in persons, including prosecutors, judges, labour inspectors, police officers, immigration officers and officers from the Ministry of Maritime Affairs and Fisheries. The Government also indicates that a specialized task force, namely Task Force 115, was established to strengthen law enforcement regarding trafficking. Moreover, Law No. 18 of 2017 concerning the protection of Indonesian Migrant Workers provides for punishment for officials involved in the crime of trafficking in persons. However, the Committee notes from the 2017 concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families of the United Nations (CMW) that, although rates of prosecution for trafficking have risen in recent times, they remain low and perpetrators are not adequately punished. Moreover, trafficking-related corruption and complicity at all levels of government remains pervasive (CMW/C/IDN/CO/1, paragraph 56). The Committee therefore requests the Government to strengthen its efforts to ensure that all persons who engage in trafficking and related offences are subject to thorough investigations and prosecutions. It also requests the Government to continue to provide information on the application of Act No. 21 of 2007 in practice, including the number of investigations, prosecutions and convictions, as well as the specific penalties imposed. The Committee further requests the Government to continue to take measures to strengthen the capacity of law enforcement officials and to ensure that complicit officials receive adequate punishment. In this regard, it requests the Government to provide information on the activities carried out by the Task Force 115 and the application of Law No. 18 of 2017 in practice in relation to the punishment for officials involved in the crime of trafficking.

(b) Protection and reintegration of victims. In its previous comments, the Committee noted the Government’s indication that an Anti-trafficking in Persons Task Force had been established in 21 provinces and 72 districts/cities, pursuant to section 4 of Presidential Decree No. 69/2008. Responsibilities of the Anti-trafficking in Persons Task Force included 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 indicated that the Ministry of Social Affairs had 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 the Government’s information that the Anti-trafficking in Persons Task Force has been expanded to 31 out of 34 provinces and 191 out of 543 districts/cities. Services for victims of trafficking are also provided through 123 hospital-based integrated service centres, 24 citizen service centres at the Indonesian embassies and consulates general abroad and a large number of Community Health Centres around the country. The Government states that, in 2017, 505 victims of trafficking received different types of services, of which 468 were placed at the Protection Home and Trauma Centres, 31 at the Women Social Protection Home and 6 at the Children Social Protection Homes. However, the Committee notes from the 2017 concluding observations of the CMW that victims of trafficking are not adequately protected from being prosecuted, detained or punished for illegally entering or residing in Indonesia, or for the activities in which they were involved as a direct consequence of their situation as trafficked persons (CMW/C/IDN/CO/1, paragraph 56). The Committee requests the Government to continue its efforts to improve the functioning of the Anti-Trafficking in Persons Task Force in order to provide appropriate protection and assistance to victims of trafficking, including foreign victims trafficked to Indonesia. 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 and service centres established by other competent entities.

2. Vulnerable situation of migrant workers and risk of forced labour. Law enforcement and monitoring. The Committee previously noted from the observations of the International Trade Union Confederation (ITUC) that Indonesian migrants seeking overseas employment in domestic work were required to apply through government-approved private recruitment agencies as stipulated under section 10 of Law No. 39 of 2004 concerning the Placement and Protection of Indonesian Overseas Workers. In its observations, the ITUC, along with the Confederation of Indonesian Prosperity Trade Union (KSBSI), expressed 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 working on their behalf and violating Laws No. 39 of 2004 and No. 21 of 2007. The ITUC alleged that the Government had not taken appropriate measures for the effective enforcement of the provisions of Law No. 39 of 2004 and that there was 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 indicated that the only data available with regard to sanctions issued for violating Law No. 39 of 2004 was in 2011, whereby 28 recruitment agencies had their licenses revoked. The Committee noted the Government’s indication 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. The Government also stated that it had imposed administrative sanctions for violations of several provisions of Law No. 39 of 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.

The Committee notes the Government’s information that Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers puts emphasis on preventive measures by strengthening the role of village government and provides for heavier punishment for non-respect of procedural requirements regarding the placement of Indonesian migrant workers. Moreover, the establishment of one-stop integrated services simplifies the procedures for the placement of migrant workers abroad, leading to a faster, cheaper and safer labour migration process. The Government also indicates that it has established a monitoring system for the performance of private migrant worker placement agencies. The National Agency for the Protection and Placement of Indonesian Migrant Workers and the National Police have carried out a number of inspection activities at private placement agencies. In 2016, the operational permits of 44 private placement agencies were revoked, while the business activities of 202 agencies were suspended. In 2017, only six private placement agencies had their licenses revoked, while two had their business suspended. Currently, there are 447 private placement agencies operating in the country. Violations detected include the absence of provision of training, pre-departure briefing, electronic ID card or social security to migrant workers, violation of working conditions requirements (such as wages and working hours), and counterfeiting the identity of prospective migrant workers. Administrative sanctions were also imposed on private agencies violating the ban on the placement of Indonesian migrant workers with individual employers residing in the Middle Eastern countries. The Government further indicates that, since 2015, the competent authority has successfully prevented 4,626 workers from being recruited abroad through private agencies in violation of the relevant procedural requirements.

Furthermore, the Committee notes from the 2017 concluding observations of the CMW that Indonesian migrant workers frequently face abuse, harassment and exploitation at the workplace, including servitude, sexual harassment, physical mistreatment and the withholding of payment (CMW/C/IDN/CO/1, paragraph 50). The CMW is also concerned about reports that undocumented migrants working in Indonesia are frequently subjected to labour and sexual exploitation, including forced labour, particularly in the fisheries, construction, agriculture, mining, manufacturing, tourism and domestic work sectors (paragraph 32). While taking due note of the measures taken by the Government, the Committee once again recalls the importance of taking effective action to ensure that the system of recruitment and employment of migrant workers does not place them in a situation of increased vulnerability, particularly where they are subjected to abusive practices amounting to forced labour but have limited access to legal remedies due to their irregular status. The Committee therefore once again 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 requests the Government to take the necessary measures to ensure the effective application of relevant legislation, including Law No. 39 of 2004, Regulation No. 3 of 2013 and Law No. 18 of 2017, and to provide information on the number of violations detected and on the specific penalties imposed.

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