Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Indonesia (Ratification: 1990)

The Committee notes the Government's report, which provides some information in reply to its 1997 direct request. It also notes the observations of the Federation of All Indonesian Trade Unions on the application of the Convention, and the comments made by the Government in reply.

The Committee notes, according to the information provided in the report, that consultations on the matters covered by the Convention are held within the national tripartite cooperation body or on the occasion of ad hoc meetings. The Government adds in very general terms that the consultations have covered the matters set out in points (a) to (d) of Article 5, paragraph 1, of the Convention. Since 1993, the Committee has been noting in its comments that the Government has been providing highly inadequate information on the consultations to which it refers. The Committee once again requests the Government to describe in greater detail in future reports the consultations held on the matters covered by Article 5, paragraph 1, and to indicate the nature of all the resulting reports or recommendations, as required by the report form on this Article.

In its communication, the Federation of All Indonesian Trade Unions regrets that the number of participants in the tripartite consultations always results in the Government enjoying a preponderant position. Furthermore, the Federation deplores the fact that the power of decision within the national tripartite cooperation body lies exclusively with the Government. As the Committee recalled in its most recent General Survey on the Convention and on Recommendation No. 152, the Convention does not require any proportionality of representation of the Government, employers and workers on the body in which consultations are held (paragraph 47). The requirement of representation on an equal footing set out in Article 3, paragraph 2, of the Convention is intended rather to ensure substantially equal representation of the respective interests of employers and of workers and should not be interpreted as imposing strict numerical equality. What is important is that equal weight should be given to the opinions expressed. Furthermore, the Committee recalls that the consultations, which must be effective under the terms of Article 2, paragraph 1, of the Convention, do not require a government which holds them in good faith to be bound by the opinions expressed, since it remains entirely responsible for the final decision (paragraph 29). However, it is important for the organizations consulted to be able to express their opinion before the decision is finalized.

In view of the above considerations, the Committee asks the Government to provide a report containing information of such a nature as to demonstrate that the consultations required by the Convention are actually held in practice. In this respect, it wishes to draw the Government's attention to the possibility of seeking the technical assistance of the ILO.