Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - Indonesia (Ratification: 1950)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide detailed information on the task forces required to be set up under section 58(2) and (3) of Law No. 21/2007 to implement policies, programmes, and activities to prevent trafficking in persons, particularly at the regional (provincial and district) and municipal levels of government. The Committee notes the information provided by the Government in its report concerning Presidential Decree No. 69/2008 on a Task Force to Prevent and Address the Criminal Act of Trafficking in Persons. It notes, in particular, the Government’s indication that, under Decree No. 69/2008, the Task Force has established an Integrated Service Centre for Empowering Women and Children Victims of Trafficking. The Committee also notes the information on various measures taken to protect victims of trafficking. Finally, the Committee notes the statistics provided in the Government’s report on trafficking cases between 2004 and 2009. The Committee hopes that the Government will continue to provide information on the measures taken to prevent trafficking in persons, including, in particular, information about the operation and functioning of the task forces set up under Law No. 21/2007, especially at the regional (provincial and district) and municipal level of government. Please also continue to provide information on the judicial proceedings instituted under Law No. 21/2007, supplying copies of the relevant court decisions and indicating the penalties imposed. The Committee once again requests the Government to provide a copy of the annual report which the Witness and Victim Protection Institution (LPSK) is required to submit to the House of Representatives under section 13(2) of Law No. 13/2006.

Vulnerable situation of Indonesian migrant workers with regard to the exaction of forced labour. The Committee notes the information provided by the Government in its report as regards measures taken to improve the protection of Indonesian migrant workers against forced labour exploitation, including statistical information on returning migrants. In this connection, the Committee notes the information and statistics provided by the Government on the Crisis Centre in Indonesia, which has been established with the objective of addressing migrant workers’ issues. The Committee also notes from the Government’s report that, in order to provide training to migrant workers, a Social Basis Practice Group (KBBM) has been established in sub-district level. It further notes the Government’s indication that services are also provided at Indonesian diplomatic missions overseas with the objective of protecting Indonesian workers and their rights in destination countries. Finally, the Committee notes the information regarding the adoption of Regulation PER-07/MEN/V/2010 of the Ministry of Manpower and Transmigration on Insurance for Indonesian Migrant Workers, as well as Regulation PER 03/KA/II/2010 on the Standard of Services for the Protection of Migrant Workers. While noting the above information with interest, the Committee requests the Government to continue to provide information on the application in practice of the provisions adopted to implement Law No. 39/2004 on the Placement and Protection of Indonesian Migrant Workers, including information about inter-sector and intergovernmental coordination and cooperation, as well as difficulties encountered. Please also provide information on the measures being taken or contemplated to protect migrant workers by way of controlling the exploitative aspects of activities of private recruitment agencies, including their fee-charging practices.

As regards, more particularly, migrant domestic workers, the Committee notes the Government’s indication in the report that Moratoria on placing Indonesian domestic workers have been enacted with Jordan (2008), Malaysia (2009) and Kuwait (2010), prohibiting the migration of Indonesian domestic workers to these countries. The Committee further notes that the Moratorium for Malaysia has been lifted as a result of a “letter of intent”, which was signed between the two countries in May 2010 and which amends the Memorandum of Understanding (MoU) of 2006, stipulating that Indonesian domestic workers have the right to retain their passports while in Malaysia, shall be entitled to one rest day a week, and shall have their wages commensurate with the market. The Committee requests the Government to indicate, in its next report, whether there are plans to include similar guarantees in other bilateral agreements referred to by the Government in its report, in particular as regards measures to prevent and respond to cases of abuse of migrant workers, providing also information on the implementation of such agreements in practice.