Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Indonesia (Ratification: 1999)

1. Article 1 of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls its previous concerns that Chapter XIV of the Criminal Code is unlikely to be sufficient to provide adequate protection against all forms of sexual harassment in the workplace. The Committee notes that the Government states that some measures have been introduced with a view to reducing the risk of sexual harassment in the workplace, such as improved lighting, separate restrooms for women and men, and the establishment of occupational safety and health committees. The Committee, however, notes that the Government’s report does not include any further information on steps taken to improve legal protection against sexual harassment. The Committee again encourages the Government to revise or adopt legislation for the purpose of explicitly defining and prohibiting sexual harassment at work, and providing adequate protection and complaint mechanisms to victims of such practices. The Committee also reiterates its request that the Government provide information on the measures taken or envisaged to implement the section of the Equal Employment Opportunity (EEO) Guidelines, concerning sexual harassment, and the results so far achieved. The Committee also invites the Government to provide information on the monitoring activities of the occupational safety and health committees and the results achieved in addressing sexual harassment at the workplace.

2. Discrimination on the ground of religion. With regard to its previous request for information on whether consideration was being given to extending special allowances before religious holidays also to workers of faiths other than the five recognized ones (i.e. Islamic, Christian, Hindu, Kong Hu Chu and Buddhist faiths), the Committee notes that the Government again indicates that Ministerial Regulation No. PERMEN 04/1994 concerning religious holidays with allowance has been promulgated. The Government also states that this Regulation is well accepted by every company in Indonesia. Unfortunately, the information so far provided by the Government does not address the concerns expressed by this Committee with respect to the discrimination which is ultimately suffered by workers of faiths other than the recognized ones. The Committee therefore asks the Government how workers of faiths other than those covered by Ministerial Regulation No. PERMEN 04/1994 are protected against discrimination. The Committee also invites the Government once again to consider introducing specific provisions or amending the existing ones so as to ensure that all workers, regardless of their faith, can benefit from allowances before religious holidays.

3. Discrimination on the ground of political opinion. The Committee recalls its previous comments on the prohibition of civil servants becoming or being members of a political party (section 18(1) of Regulation No. 98/2000 and section 2(2) of Regulation No. 37/2004), and notes the Government’s indication that government officials or civil servants, including police and military, who wish to become “political appointees” have to resign from their jobs because of the prohibition of double jobs or occupations. The Committee once again refers to paragraph 57, of the General Survey of 1988 on equality of opportunity and treatment and asks the Government to clarify whether the category of “political appointee” mentioned in the Government’s report also encompasses the members of a political party.

4. Article 2. Equality between men and women in employment and occupation. The Committee notes from the Government’s report that pursuant to Law No. 13/2003 concerning manpower, in particular articles 76–83 regulating access to labour market for every citizen, no distinction is made between men and women in obtaining and resigning from any jobs or occupations according to their own choices. Nonetheless, the Committee reminds the Government that in order to guarantee the full application of the Convention in the country, the absence of discrimination in law is not sufficient and the adoption of proactive measures may be required. In the absence of any further information on this point, the Committee reiterates its request to  the Government to supply information on the measures taken or envisaged to address existing inequalities in women’s access to higher education and employment, and on the impact of such measures on women’s actual access to and position in the labour market.

5. Article 3(a). Cooperation with social partners. The Committee notes from the Government’s report that according to the new policy introduced in the country any initiative concerning employment shall be discussed through a tripartite body mechanism. The same procedure has indeed been followed for the adoption of the EEO Guidelines. The Committee asks the Government to keep it informed on the functioning of this tripartite body mechanism and reiterates its request for information on the involvement of the social partners in the implementation of the EEO Guidelines.

6. Article 3(e). Equal access to vocational training. The Committee notes the Government’s indication that pursuant to Law No. 13/2003 concerning manpower, notably article 32 which deals with training and apprenticeship, men and women have the same opportunity to obtain training. The Committee reiterates its request to the Government to provide information on the practical application of these provisions as regards the participation of men and women in training and education in different disciplines, including statistics disaggregated by sex.

7. Article 4. Activities prejudicial to the security of the State. The Committee refers to its previous comments on the amendment to the Criminal Code penalizing both the dissemination and the development of “Communism/Marxism – Leninism in all their forms and manifestations” and notes the Government’s indication that a programme will be set up to collect statistical data on cases of convictions under this law. The Committee asks the Government to supply this data as soon as it is available. Please also provide information on the implications of this law on equal opportunity and treatment in employment and occupation, with respect to political opinion.

8. Article 5. Special measures. Indigenous peoples. Further to its observation, the Committee notes the Government’s indication, included in the report submitted to CERD in 2007, that there are regulations on the protection of indigenous peoples (UN Doc. CERD/C/IDN/3, paragraph 62). In particular, the report emphasizes that article 28(1) of the 1945 Constitution guarantees full respect for the rights of indigenous peoples (paragraph 64). It also notes from the same report that Indonesia is preparing new legislation to provide better protection and treatment for all ethnic groups. The Committee asks the Government to keep it informed of any measures taken or envisaged to address discrimination suffered by indigenous peoples in employment and occupation. The Committee also reminds the Government of the availability of ILO technical assistance in preparing the new legislation.

9. Part IV of the report form. The Committee takes note of the Government’s statement that it has no intention of revising article 153 of Act No. 13/2003 concerning manpower, despite this Committee’s suggestion to amend such article so as to provide for sanctions in the event of its violation. The Committee also notes the Government’s indication that information on the implementation of this law will be provided in the next report. The Committee looks forward to this information and in the meantime invites the Government to provide information on any judicial or administrative decisions relevant to the Convention.

10. Part V. Statistics. The Committee notes from the Government’s report that no statistical data on the participation in the various sectors of employment and occupations, disaggregated by sex, race, colour and religion, are available but that the Government will make every effort to provide this information in its next report. The Committee hopes that the Government will provide in its next report statistical data disaggregated by sex, race, colour and religion, on the participation of men and women in the various sectors of employment and occupations as well as in vocational training in order to enable the Committee to better assess the steps taken and progress made under the Convention.