Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee takes note of the information contained in the Government’s report.

The Committee’s previous comments concerned the practical implementation of freedom of association rights in the country, pursuant to comments on serious violations of trade union rights (attacks, violence, arrests and detentions, harassment of trade unionists) made by the International Confederation of Free Trade Unions (ICFTU). The Committee had requested the Government to indicate any measures taken to ensure that trade unions can exercise their activities in a climate free of threats and intimidation of any kind. In this respect, it had taken note of the draft guidelines of the Ministry of Manpower and Transmigration and the Indonesian National Police aimed to provide instructions on the role and conduct of police officers in relation to strikes, lockouts and labour disputes and had requested that the Government keep it informed of developments in this regard.

The Committee notes with interest that in its report the Government indicates that the Ministry of Manpower and Transmigration and the Indonesian Police have issued, with ILO technical assistance, Guidance on the Conduct of Indonesian Police concerning Law Enforcement and Order in Industrial Relations Disputes. Academic and tripartite representatives were involved in the establishment of this guidance, the aim of which is to ensure a standardized official conduct by the police in keeping the public safety and order as well as enforcing the law when there are excesses in industrial disputes, strikes, demonstrations, etc. Furthermore, the Committee also notes with interest that the military is not allowed to have any involvement in industrial disputes in accordance with the instruction letter of the Indonesian Military Commander/ Coordinator of the National Stability Board No. STR/85/STANAS/VII/1998.

The Committee takes note of the text of the Guidance on the Conduct of Indonesian Police concerning Law Enforcement and Order in Industrial Relations Disputes. It notes in this respect that section 1 of the Guidelines which contains a general policy statement, provides in subsections (b) and (c) that “any strike, demonstration or company lockout in general may result in the disturbance of public security and order” and that in such situations “and in industrial disputes in general, appropriate action of the Indonesian National Police (INP) is necessary to maintain public security and order, enforce the law, and allow the exercise of rights of workers and employers to strike, demonstration and lockout”.

The Committee considers that the above provisions may give rise to an institutionalization of the role of the police in labour disputes in a manner which may infringe upon the right to strike and potentially provoke a disturbance.

Finally, the Committee notes with concern that section 8(e) of the Guidelines provides that “firearms can be used only in situations where there is serious and imminent threat to the safety of life and property and dignity …”. The Committee considers that police interference in strikes and protests, especially with the use of firearms should be limited to exceptional situations of violence involving a genuine threat to public order and considers that the reference in the Guidelines to an imminent threat to “dignity” may be too general and may not ensure sufficient guarantees against the use of excessive violence.

The Committee recalls that the authorities should resort to calling in the police in a strike situation only if there is a genuine threat to public order and governments should take measures to ensure that the competent authorities receive adequate instructions so as to avoid the danger of excessive violence in trying to control demonstrations that might undermine public order. Moreover, arrests should be made only where violence or other criminal acts have been committed.

The Committee requests that the Government indicate the measures taken and instructions given to the police to ensure respect for these principles.

The Committee is also addressing a request on certain other points directly to the Government.