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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Indonesia (RATIFICATION: 1998)

The Committee notes the information provided in the Government’s report. It further notes the comments made by the ICFTU on the application of the Convention and requests the Government to provide its comments thereon.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee recalls that in its previous comment it had requested the Government to provide a copy of Act No. 43 of 1999 concerning the basic provisions respecting personnel which, according to the Government, ensures the right of civil servants to establish a workers’ union for civil servants, so that it may examine its conformity with the provisions of the Convention. The Committee once again requests that the Government provide a copy of Act No. 43.

Article 3. Right of workers’ organizations to organize their administration and to formulate their programmes. The Committee recalls that in its previous comment it had asked the Government to provide a copy of the national statutory rules concerning the right to strike. It once again requests that the Government provide a copy of the relevant statutory rules.

The Committee notes that the Government had indicated, in its previous report, that the Manpower Development and Protection Bill was under consideration before the Parliament. The Committee further notes that a Dispute Settlement Bill is also pending. The Committee trusts that the final version of these Bills will be in full conformity with the provisions of the Convention and it asks the Government to provide a copy of these Bills, or the final adopted texts, with its next report.

Article 4. Dissolution and suspension of organizations by administrative authority. The Committee previously noted section 42 of Act No. 21 on trade unions, which provides for an administrative sanction, namely, revocation of the union record number and loss of trade union rights, in the event of trade union membership falling below the required minimum and in the event of a violation of sections 21 and 31 of the Act. Section 21 of the Act states that the officials of workers’ organizations must inform the government agency of any changes in the union’s constitution or by-laws within 30 days. Section 31(1) of Act No. 21 lays down the obligation to report financial assistance coming from overseas sources. In its earlier comment, the Committee had considered that this last provision, read together with section 42 of the Act, was tantamount to requiring previous authorization for the receipt of funds from abroad. Moreover, the Committee had considered that a violation of either of these two provisions (section 21 or 31) should not give rise to such serious sanctions as the revocation and loss of trade union rights. The Committee notes the Government’s indication that the reason for the obligation to report financial assistance coming from overseas is to better understand the matters and the grounds on which any international assistance should be maintained and used. According to the Government, the requirement to report foreign financial assistance is not tantamount to previous authorization and the trade unions are free to use the financial aid for their activities. Furthermore, the Government states that there are no serious sanctions for any misconduct in the use of international financial assistance. The Committee notes however that the sanction provided by section 42 of the Act is the suspension of the organization. The Committee considers that such a measure taken by the administrative authority constitutes a serious infringement of trade union rights. It therefore once again requests that the Government take action to repeal the reference to sections 21 and 31 in section 42 of the Act.

As concerns the possibility of revoking the union record number in the event of trade union membership falling below the required minimum, the Committee had previously noted that the Act does not provide for the possibility of appealing such a sanction. The Committee had asked the Government to indicate whether national legislation ensures a right of appeal to an independent and impartial judicial body for organizations affected by this administrative sanction and whether such appeal suspends the effect of the sanction until a judgement has been handed down. The Committee notes the Government’s statement that an appeal to a independent and impartial judicial body is provided in the draft Bill on labour disputes settlement. The Committee trusts that the necessary measures will be taken in the near future to ensure the right of appeal to an independent and impartial judicial body for organizations affected by an administrative sanction under section 42 of Act No. 21 and asks the Government to provide, with its next report, any draft provisions or adopted texts in this regard.