Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Indonesia (Ratification: 1999)

Article 1(d). Sanctions involving compulsory labour as a punishment for having participated in strikes. In its previous comments, the Committee noted that section 186 of the Manpower Act of 2003 provides for a penalty of imprisonment (involving compulsory labour) of a minimum of one month and a maximum of four years for violation of sections 137 and 138(1), which relate to the undertaking of strikes. The Committee requested the Government to take the necessary measures to amend section 186 so as to ensure that penalties of imprisonment (involving compulsory labour) cannot be imposed for participation in a strike.

The Committee notes the Government’s statement that it is not necessary to amend section 186, given that sanctions need to be imposed for violating sections 137 and 138 (which state that strikes should be carried out legally, orderly and peacefully and without violating laws) of the Manpower Act. The Committee recalls the importance it attaches to the general principle that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that no sanctions involving compulsory labour should be imposed upon a worker for the mere fact of peaceful participation in a strike (see General survey on fundamental Conventions, 2012, paragraph 315). Referring to its comments made on the application of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the Committee once again requests the Government to take the necessary measures to bring section 186 of the Manpower Act into conformity with the Convention so that penalties of imprisonment (involving compulsory labour) cannot be imposed for peaceful participation in a strike. Pending such an amendment, the Committee requests the Government to provide information on the application in practice of section 186 concerning violations of sections 137 and 138(1) of the Manpower Act.