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Comments adopted by the CEACR: Indonesia

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) of the Convention. Definition of remuneration.  In its previous comments, the Committee asked the Government to indicate how it is ensured in practice that the principle of equal remuneration for work of equal value applies to all forms of remuneration, including wage and non-wage income, and any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. It also asked the Government to consider taking steps to fully reflect the definition of “remuneration” under Article 1(b) of the Convention in subsequent amendments to the national legislation at the earliest opportunity. The Committee recalls that the term “wage” under section 1(30) of Law No. 13/2003 concerning Manpower (the Manpower Act) does not include honorariums, tips or company profit shares. As the Committee recalled previously, the principle of the Convention applies to all forms of remuneration, including religious holiday allowances, bonuses, monetary compensation for working facilities and/or service charges, as well as honorariums, tips and company profits. The Committee notes the Government’s indication that it will facilitate, in consultation with the organizations of workers and employers, the amendment of the Manpower Act. The Committee asks the Government to provide information on any developments concerning the amendment of Law No. 13/2003 concerning Manpower for the purpose of reflecting fully the definition of “remuneration” under Article 1(b) of the Convention. It also once again asks the Government to provide information on any specific measures adopted to ensure that the principle of equal remuneration for work of equal value applies in practice to all forms of remuneration, including wage and non-wage income and any additional emoluments arising out of the worker’s employment.
Articles 1 and 2. Gender pay gap.  In its previous observation, the Committee encouraged the Government to continue its efforts to promote the principle of the Convention and to broaden the scope of the educational and capacity-building activities targeting relevant government agencies and workers and employers and their organizations, and to provide information on the measures taken in this regard. It also requested the Government to: (1) provide information on the implementation of the National Strategic Action Plan 2013–19 of the National Task Force on Equal Employment Opportunity (EEO), including specific measures taken at both the national and provincial levels in collaboration with employers’ and workers’ organizations to formulate, promote and implement programmes aimed at further reducing the gender pay gap and improving women’s participation in a wider range of jobs, including those with higher levels of pay; and (2) provide updated statistics on the distribution of men and women in the various economic sectors and occupations and their corresponding income levels, in both the public and private sectors, to enable the Committee to assess the evolution of the gender pay gap over time. The Committee notes the Government’s indication that it provided technical guidance on the development of wage structures and scales between 2015 and 2018 and conducted awareness-raising on equality in 2019 for government officials, workers and employers and their organizations. The Committee also notes that, in the framework of the National Strategic Action Plan 2013–19, the Government raised awareness, developed guidelines and increased supervision on equality and non-discrimination in general. Concerning the distribution of men and women in the various economic sectors and occupations, the Committee notes from the statistics provided by the Government that women mostly work in agriculture, forestry and fisheries, wholesale and retail trade, the processing industry, accommodation, food and beverage services, and education. It also notes from the ILO Database of Labour Statistics (ILOSTAT) that in 2019 the gender gap in average monthly earnings was 15.72 per cent. The Committee asks the Government to provide information on the specific measures adopted to formulate, promote and implement programmes aimed at further reducing the gender pay gap and improving women’s participation in a wider range of jobs, including those with higher levels of pay, and to continue providing up-to-date statistics on the distribution of men and women in the various economic sectors and occupations, including information on their corresponding earnings levels, in both the public and private sectors. The Government is also requested to indicate how the principle of the Convention is covered in the technical guidance on the development of wage structures and scales.
Article 2(b). Minimum wages. In its previous comments, the Committee requested the Government to provide additional information on the measures taken or envisaged, including by the National Task Force on Equal Employment Opportunity (EEO), to promote the use of objective job evaluation methods and the Gender Neutral Pay Equity Guidelines in determining sectoral minimum wage rates. In this regard, the Committee asked the Government to: (1) provide information on the measures taken to ensure that job evaluation exercises are carried out free from gender bias and that the jobs in sectors employing exclusively or predominantly women are not undervalued, as well as any obstacles encountered; and (2) indicate any recommendations made by the National Wage Council aimed at ensuring the application of the principle of the Convention. The Committee notes the Government’s reference to the Minister of Manpower Regulation No. 1 of 2017 concerning the structure and scale of wages, replacing the Minister of Manpower Decree No. PEM.49/MEN/2004, which focuses on the preparation and implementation of the structure and scale of wages at the company level, and does not cover wage-setting at the sectoral level, nor does it regulate sectoral minimum wage rates. The Committee also notes the Government’s indication that sectoral minimum wages are regulated under the Minister of Manpower Regulation No. 15 of 2018 concerning Minimum Wages and that no cases of minimum wages determined on discriminatory grounds have been recorded by the National Wage Council. The Committee further notes the information provided by the Government concerning the awareness-raising activities on equality and non-discrimination undertaken by the EEO Task Force. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied. However, because there is a tendency to set lower wages in sectors predominantly employing women, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (2012 General Survey on the fundamental Conventions, paragraph 683). The Committee asks the Government to indicate how it is ensured in practice that minimum wage rates are fixed on the basis of objective criteria, free from gender bias, to ensure that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed, and on how the use of the Gender Neutral Pay Equity Guidelines is promoted in determining sector minimum wage rates.
Article 3. Objective job evaluation.  The Committee once again asks the Government to provide information on any measures taken or envisaged under Regulation No. 34 of 2014 to promote objective job evaluation methods in the public sector, as well as on any activities undertaken to promote the use of the Gender Neutral Pay Equity Guidelines.
Enforcement.  The Committee reiterates its request for information on: (i) awareness-raising and capacity-building activities conducted for the labour inspectorate, and the results achieved, with respect to promoting equal remuneration for men and women for work of equal value; and (ii) the nature and number of cases concerning violations of the principle of the Convention detected by or reported to the labour inspectorate, or addressed by the courts, and any measures taken to collect and disseminate information on cases concerning wage discrimination to the wider public as a means of raising awareness on the principle of the Convention.

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that for a number of years it has been asking the Government to improve the application of the Convention, including by reviewing Law No. 13/2003 concerning Manpower (Manpower Act), with a view to giving legal expression to the principle of equal remuneration between men and women for work of equal value, because the Manpower Act, read together with the Explanatory Notes on the Law, only provides, in general terms, for equal opportunity (section 5) and equal treatment (section 6) without discrimination based on sex. The Committee considered that such general provisions, while important, were not sufficient to give effect to the Convention, as they do not include the concept of “work of equal value”. The Committee also recalls that in its previous observation, it welcomed section 11 of the Regulation No. 78 of 2015 on Wages, which provides that “every worker is entitled to equal wage for work of equal value”. It however noted that the provision is formulated in general terms and no longer refers to non-discrimination between men and women. The Committee therefore asked the Government to provide information on: (1) the manner in which sections 5 and 6 of the Law No. 13/2003 on Manpower and section 11 of Regulation No. 78 of 2015 are being applied in practice, including any violations specifically concerning the principle of equal remuneration between men and women for work of equal value detected by, or brought to the attention of, the labour inspection services, and any action taken to remedy those violations; and (2) any administrative or judicial decisions applying the principle of the Convention. The Committee also encouraged the Government to consider, as soon as the opportunity arises, reviewing and amending the Manpower Act to give explicit legislative expression to the principle of the Convention, and to provide information on any consultations held with the social partners to this end.
The Committee notes that in its report the Government indicates that there have been no cases of wage discrimination based on gender. The Government also indicates that the application of the principle of the Convention is ensured in practice through: (1) the obligation of companies to set up wage structures and scales applying to their employees and inform them about such structures and scales; and (2) the provision of administrative sanctions in case of non-compliance. The Government reports that, as of 2019, 9,602 companies were preparing the wage structure and scale and that no difference was found between men and women in the wage structures and scales examined. The Committee also notes that the Government, in collaboration with the social partners and the ILO, is promoting the implementation of international labour standards by export-oriented companies in the garment sector
While noting the Government’s indication that no wage discrimination between men and women was found in the wage structure and scale of the companies it examined, the Committee notes that no information is provided on how the principle of equal remuneration for “work of equal value” between men and women is ensured in the design of the wage structure and scale. The Committee recalls that the concept of “work of equal value” requires going beyond ensuring equal remuneration for “equal”, “the same” or “similar” work and also encompasses equal remuneration for work that is of an entirely different nature but is nevertheless of “equal value”. This is fundamental given the occupational sex segregation in the labour market due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, which has resulted in women holding predominantly certain jobs, such as in caring professions. Often these “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates (See General Survey on the fundamental Conventions, 2012, paragraph 673). In light of the above, the Committee asks the Government: (i) to indicate how it is ensured that the procedures adopted in determining wages (including wage increases) are free from gender bias, and that the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills while charged with different responsibilities under different working conditions; (ii) to provide information on measures adopted or envisaged in order to ensure the application of the principle of the Convention in the design of wage structures and scales; and (iii) to supply information on any specific measures adopted to raise awareness about the principle of the Convention among government officials, employers and workers and their organizations, in particular in the garment sector. The Committee also encourages the Government to consider reviewing and amending the Manpower Act to give explicit legislative expression to the principle of equal remuneration for men and women for work of equal value, in consultation with the social partners, and asks the Government to provide information on any developments in this regard.
Article 2(2)(a). Discriminatory provisions with respect to benefits and allowances. For more than ten years, the Committee has been drawing the Government’s attention to the fact that section 31(3) of Law No. 1/1974 concerning Marriage, which identifies the husband as the head of the family, may have a discriminatory impact on women’s employment-related benefits and allowances due to the fact that women in the workforce are assumed to be either single or seeking a supplementary income and are often not entitled to family allowances. The Committee notes that the Government refers to section 6 of the Manpower Act and section 11 of the Regulation No. 78 of 2015 on Wages, which have been mentioned above, and explains that more detailed provisions regarding wage components can be arranged through employment agreements, company regulations or collective labour agreements. The Committee also notes the Government’s statement that it “continues to strive to ensure that work agreements, company regulations or collective labour agreements do not contain regulations with lower standards than stipulated in laws and regulations”. The Committee further notes the Government‘s explanation that the Marriage Act is not used as a reference when regulating work relations. The Committee recalls that differential treatment in respect of remuneration is often linked to the express and implied assumption that the man is the “breadwinner” or the “head of the household” for the purpose of receiving certain allowances or benefits and notes the possibility of allowing both spouses to choose who would benefit from such allowances, rather than starting from the point that they should systematically be paid to the man (2012 General survey paragraph 693). In light of all the above, the Committee encourages the Government to gather information, in collaboration with the social partners, on women’s access in practice to family allowances and employment-related benefits, and to provide information in this regard. In the meanwhile, the Committee asks the Government to inform about any measures taken to ensure that women do not face direct or indirect discrimination with respect to family allowances and employment-related benefits.
The Committee is raising other matters in a request addressed directly to the Government.

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Legislation concerning equality and non-discrimination. In its previous comments, the Committee recalled that Law No. 39 of 1999 concerning human rights and Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination contain non-discrimination provisions that define and prohibit direct and indirect discrimination on a number of grounds covered under Article 1(1)(a) of the Convention, but sections 5 and 6 of Law No. 13 of 2003 concerning manpower (Manpower Act) do not expressly elaborate on specific grounds of discrimination nor define direct and indirect discrimination. In light of the above, the Committee requested the Government to undertake a review of the law and practice, including complaints procedures, regarding discrimination in employment and occupation based on all the grounds referred to in the national legislation and included in Article 1(1)(a) of the Convention, and to include the National Task Force on Equal Employment Opportunities as well as social partners in this process. The Committee also requested the Government to provide a copy of the revised Equal Employment Opportunity (EEO) Guidelines and to continue to provide information on the practical application of the non-discrimination provisions in the above-mentioned legislation. The Committee notes that, in its report, the Government states that it undertook a study on the implementation of the Convention involving various actors, without providing more information on the scope and findings of the study nor on the parties that were involved in the exercise. The Committee asks the Government to provide information on the scope and findings of the study conducted on the implementation of the Convention as well as on the actors that have participated in the study and any actions envisaged as follow-up to its recommendations. The Committee also asks the Government to provide a copy of such study. The Committee once again asks the Government to provide information on the practical application of the non-discrimination provisions contained in the Law No. 39 of 1999 concerning human rights and Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination and sections 5 and 6 of Law No. 13 of 2003 concerning manpower (Manpower Act), including information on any complaint concerning discrimination in employment and occupation filed with the courts and other competent authorities as well as any violations detected by the labour inspectorate.
Article 1(1)(a). Sexual harassment. Previously, the Committee requested the Government to continue to provide information on measures taken, in collaboration with social partners, to disseminate and implement the Guidelines on Sexual Harassment Prevention at the Workplace (Circular No. SE.03/MEN/IV/2011) at the national, provincial, and district/city levels, with an indication of the specific examples of company regulations and collective agreements that have incorporated the Guidelines, as well as the remedies granted to victims of sexual harassment. The Committee also requested the Government to provide examples of national regulations that have incorporated the Guidelines. The Committee notes the Government’s indication that it is considering some proposals for a draft Ministerial Regulation on Prevention of Violence and Harassment. The Committee also notes that the Government informs about a Memorandum of Understanding that the Ministry of Women’s Empowerment and Child Protection has signed with five industrial zones with the objective of increasing protection for women workers from all forms of violence and discrimination in industrial areas. The Committee further notes from the 2019 report of the National Commission on Violence against Women (NCVW) or Komnas Perempuan on 25 Years of Implementing the Beijing Platform for Action in Indonesia (Beijing+25 report) that, from 2014 to 2018, the Commission received 204 complaints concerning violence against women at the workplace. The majority of cases were about sexual violence committed by superiors or co-workers. The Committee welcomes the initiative of the Government to draft a Ministerial Regulation on Prevention of Violence and Harassment. The Committee asks the Government to provide information on any developments concerning its adoption. The Committee hopes that this regulation will explicitly cover sexual harassment in employment and occupation and refers the Government to its general observation of 2002 on the topic. It also asks the Government for information on the measures taken, in collaboration with social partners, to disseminate and implement the Guidelines on Sexual Harassment Prevention at the Workplace at the national, provincial, and district/city levels, with an indication of the specific examples of company regulations and collective agreements that have incorporated the Guidelines, as well as the remedies granted to victims of sexual harassment.
Discriminatory provisions. In its previous comments, the Committee referred to section 76(3) and (4) of the Manpower Act which requires employers who employ women during the night to provide these workers with food and drink, as well as transportation to and from the place of employment, and requested the Government to consider revising this provision to expand the benefits related to night work to male workers, with a view to ensuring equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that amending the law takes time and that, in practice, section 76(3) and (4) of the Manpower Act is applied equally to men and women workers. The Committee takes due note of the information provided by the Government. The Committee notes from the information provided by the Government in its report on the Equal Remuneration Convention, 1951 (No. 100), that it will facilitate, in consultation with the social partners, an amendment of the Manpower Act. In light of the above, the Committee invites the Government to amend the Manpower Act to expand the scope of application of section 76(3) and (4) of the Manpower Act to men workers and to provide information on any future developments in this regard.
Discrimination on the ground of religion. The Committee recalls the Regulation of the Minister of Manpower No. 6 of 2016 on Religious Holiday Allowance for Employees/Workers, which, at section 1(2), recognizes religious holidays for the following religions: Islam, Catholic and Protestant Christianity, Hinduism, Buddhism and Confucianism. In its previous comment, it had recalled that local religious by-laws may have an impact on the access to and participation in employment for women and certain minorities, including in the civil service, and requested the Government to: (1) take measures to ensure that workers who belong to faiths other than those enumerated in Regulation No. 6 of 2016, are not discriminated against with regards to religious holiday allowances; (2) provide detailed information on the progress made with regard to the review of discriminatory local religious by-laws, as well as measures taken to amend or repeal discriminatory local by-laws that are contrary to the Convention; and (3) take the necessary measures to ensure that the adoption of religious by-laws does not result in direct or indirect discrimination against women or religious minority groups in employment and occupation, and to provide information in this regard. The Committee notes the information provided by the Government on the rationale and rules governing the disbursement of the religious holiday allowance. It also notes the Government’s indication that no by-laws affect minority groups’ access to and participation in employment. The Committee recalls that the NCVW, in its 2010 report, entitled “In the name of regional autonomy: The institutionalization of discrimination in Indonesia”, noted the increasing issuance of local religious by-laws which may have an impact on women’s access to and participation in employment, and on certain minorities, including in the civil service. The Committee notes that in its Beijing+25 report, the NCVW states that “discriminatory policies against women and minority groups in the name of religion and morality are still issued by the Regional Government” (page 41). The Committee notes that the Regulation of the Minister of Manpower No. 6 of 2016 officially recognizes six religions but that other religions are also practised in the country, including by minority groups. The Committee therefore once again requests the Government to: (i) to take measures to ensure that workers who belong to faiths other than those enumerated in Regulation No. 6 of 2016, are not discriminated against with regards to religious holiday allowances; (ii) to provide detailed information on the progress made with regard to the review of discriminatory local religious by-laws, as well as measures taken to amend or repeal discriminatory local by-laws that are contrary to the Convention; and (iii) take the necessary measures to ensure that the adoption of religious by-laws does not result in direct or indirect discrimination against women or religious minority groups in employment and occupation, and to provide information in this regard.
Discrimination based on political opinion. In its previous comments, the Committee referred to Government Regulation No. 98/2000 of 10 November 2000, Regulation No. 5/1999 and Regulation No. 37/2004, which provide for the dismissal of civil servants upon becoming members or leaders of political parties, and urged the Government to amend these regulations in order to ensure that workers are not discriminated against based on political opinion, and to take steps to assess how existing regulations are applied in practice with a view to ensuring that any prohibitions on civil servants becoming members or leaders of political parties are limited to the inherent requirements of the job, as strictly defined. Noting the Government’s reiterated reply that civil servants must remain neutral with regard to politics, the Committee emphasizes that under Article 1(2) of the Convention, distinctions, exclusions or preferences in respect of a particular job are not deemed to be discriminatory if they are based on the inherent requirements of such job. These measures should correspond in a concrete and objective way to the inherent requirements of a specific and definable job, function or tasks. Criteria such as political opinion may be taken into account as inherent requirements of certain posts involving special responsibilities. However, the inherent requirements of the particular job must be evaluated in the light of the actual bearing of the tasks performed. The systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is not admissible (see 2012 General Survey on the fundamental Conventions, paragraphs 828 et seq.). In light of the above, the Committee asks the Government to consider limiting the prohibition of political activities to certain positions and therefore to consider the possibility of adopting a list of jobs in the public service for which political opinion will be an inherent requirement. In the meantime, it once again asks the Government to: (i) amend Regulation Nos 5/1999, 98/2000 and 37/2004 in order to ensure that workers are not discriminated against based on political opinion; (ii) take steps to assess how existing regulations are applied in practice with a view to ensuring that any prohibitions on civil servants becoming members or leaders of political parties are limited to the inherent requirements of the job, as strictly defined; and (iii) provide information on the results of this assessment. Finally, the Committee asks the Government to indicate how many civil servants have been warned, suspended or terminated based on these three Regulations.
Article 2. National equality policy with respect to race, colour and national extraction. In its previous comments, the Committee urged the Government to provide detailed information on measures taken to implement Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination in employment and occupation, including measures taken, and results achieved, by the National Human Rights Commission to monitor the effectiveness of relevant government policies and measures taken to raise awareness of the existence of the Law. The Committee also asked the Government to undertake an assessment of the practical application of Regulation of the Ministry of Manpower and Transmigration No. PER-16/XI/2011 – which provide for a mechanism for government authorities to examine compliance with labour legislation when approving company regulations and collective labour agreements - including the number of registration applications for company regulations and collective labour agreements that have been rejected on the ground that they violate sections 5 and 6 of the Manpower Act dealing with discrimination, and to provide information in this regard. The Committee notes the Government’s indication that no cases of rejection of company regulations and collective labour agreements for violation of sections 5 and 6 of the Manpower Act have been recorded. Noting that no information is provided on the measures adopted to implement Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination in employment and occupation, the Committee again asks the Government to provide information on the implementation in practice of this Law, notably on any specific measures adopted under Chapters IV and V of the Law, including the measures taken by the National Human Rights Commission to monitor the effectiveness of relevant government policies and the measures taken to raise awareness of the existence of the Law, and the results achieved. The Committee also asks the Government to continue to provide information on the number of registration applications for company regulations and collective labour agreements that have been rejected on the ground that they violate sections 5 and 6 of the Manpower Act dealing with discrimination.
Affirmative action. Recalling that section 62(2) and (3) of the Special Autonomy Law for Papua, provide for affirmative action to support indigenous Papuans’ access to employment, including in the judiciary, the Committee requested the Government, in its previous comments to: (1) provide additional information indicating the specific results achieved through affirmative action measures for indigenous Papuans, including information regarding their recruitment in both public and private sectors such as the judiciary and local companies, as well as the number of indigenous Papuans enrolled in vocational training; and (2) provide information on any other affirmative action measures that have been adopted or promoted at provincial or national levels, as a means of achieving substantive equality in employment and occupation for all groups of the population. The Committee notes the information provided by the Government concerning the creation of two vocational training centres, namely the Sorong Industrial Vocational Training Centre in West Papua Province and the Industrial Vocational Training Centre in Papua Province, which provided training to 2,323 people. While noting the information provided by the Government, the Committee reiterates its request for information on: (i) the specific results achieved through affirmative action measures for indigenous Papuans, including statistical information regarding their recruitment in both public and private sectors such as the judiciary and local companies; and (ii) any other affirmative action measures that have been adopted or promoted at provincial or national levels, as a means of achieving substantive equality in employment and occupation for all groups of the population. The Committee also asks the Government to continue to provide information on the number of indigenous Papuans enrolled in vocational training and the type of training received.
General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.
Enforcement. In its previous comments, the Committee requested the Government to continue to provide specific information on measures taken or envisaged to ensure that the non-discrimination provisions in the relevant legislation are implemented effectively and to: (1) provide information on any measures taken or envisaged under the National Strategic Action Plan 2013–2019 of the National Task Force on Equal Employment Opportunity (EEO), to build the capacity of the EEO Task Force on handling complaints and grievances, as well as measures to effectively address claims of discrimination in employment and occupation on prohibited grounds under Article 1(1)(a) of the Convention, including through coordination with the labour inspectorate; (2) continue to provide information on the number and nature of violations found by the labour inspectorate or other enforcement authorities, as well as decisions handed down by the courts; and (3) include information on the results from the monitoring of company regulations and collective labour agreements by bipartite and tripartite institutions and the Ministry of Manpower and Transmigration. The Committee notes the Government’s indication that measures have been taken to encourage companies to establish complaint mechanisms. The Government also informs that the labour inspectorate has not detected any case of discrimination. The Committee asks the Government to continue to provide information on the number and nature of violations found by the labour inspectorate or other enforcement authorities, as well as decisions handed down by the courts involving issues related to the application of the Convention. Also, the Committee once again asks the Government to provide information on: (i) any claims of discrimination in employment and occupation on prohibited grounds under Article 1(1)(a) of the Convention addressed by the EEO Task Force; and (ii) the results from the monitoring of company regulations and collective labour agreements by bipartite and tripartite institutions and the Ministry of Manpower and Transmigration. Please also provide information on any measures adopted to enhance the capacity of enforcement authorities, as well as of social partners, to identify, prevent and address cases of discrimination.

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 2 and 3 of the Convention. Equality of opportunity for men and women. In its previous observation, the Committee asked the Government to continue taking specific measures, in cooperation with the social partners, to address the significant level of occupational gender segregation and to provide information on the results achieved, including with respect to the implementation of the Strategic Action Plan 2013–19 formulated by the National Task Force on Equal Employment Opportunities (EEO). In addition, the Committee asked the Government to: (1) provide detailed information on the measures taken to promote gender equality in the public sector, including measures to improve the representation of women among regular staff; and (2) continue providing detailed statistical information on the distribution of men and women in the various posts and occupations in the public service. The Committee notes the Government’s indication in its report that it has carried out various awareness-raising and capacity-building activities on equality and non-discrimination under the National Strategic Action Plan. However, it notes that the Government has not provided details of the action taken and the results achieved in addressing occupational gender segregation. Concerning the promotion of gender equality in the public sector, the Committee notes that the Government refers to Regulation No. 14 of 2018 on the recruitment process and indicates that it is based on the candidates’ competencies. The Government adds that women represent 51 per cent of the total of 4.1 million civil servants.
The Committee notes that, according to the ILO Database of Labour Statistics (ILOSTAT), 51 per cent of working age women participate in the workforce, compared with 78 per cent of working age men. It also notes from the ILO research brief “Leading to success: The business case for women in business and management in Indonesia”, June 2020 (ILO Women in Science, Technology, Engineering and Mathematics (STEM) project), that women are over-represented in temporary and part-time employment and comprise the majority of employees in the services sector. Concerning women in agriculture, the Committee notes from the report of the United Nations Special Rapporteur on the right to food on her visit to Indonesia that women working in agriculture receive lower pay compared with men and that many of them work informally under precarious conditions (A/HRC/40/56/Add.2, 28 December 2018, paragraph 54). The Committee also notes from the same source that the Laws on Food (No. 18/2012), Farmers’ Protection and Empowerment (No. 19/2013) and Protection and Empowerment of Fisherfolk, Fish Farmers and Salt Farmers (No. 7/2016) do not explicitly recognize women as stakeholders. The Special Rapporteur emphasizes in this regard that “laws that do recognize women consider their role as part of a household, rather than as an integral part of food production. This lack of adequate recognition further undermines the rights of women to social security and welfare programmes and delegitimizes women as agricultural workers” (paragraph 55). In light of the above, the Committee encourages the Government to undertake, in cooperation with the social partners, an assessment of the measures adopted so far to promote equality of opportunity and treatment for men and women in employment and occupation, in both the private and public sectors, including the measures adopted under the Strategic Action Plan 2013–19 of the EEO, and to provide information on the results achieved, the obstacles identified and any follow-up action envisaged and implemented, including with regard to occupational gender segregation. The Committee also asks the Government to: (i) indicate whether a new Action Plan has been prepared by the EEO Task Force; (ii) provide information on the measures adopted to promote the application of the principle of the Convention to men and women rural workers; and (iii) provide updated statistical information on the distribution of men and women in the various sectors, occupations and positions, in the formal and informal economies.
Article 3(e). Access to vocational training and guidance. In its previous observation, the Committee asked the Government to: (1) take further measures to promote women’s access to a wider range of vocational training courses and occupations, including those in which men traditionally participate and those leading to opportunities for advancement, and provide information on the results achieve; and (2) continue providing detailed statistical information, disaggregated by sex, on the labour force participation rates in the various sectors and occupations in the formal and informal economies, and on the number of men and women participating in vocational training, specifying the type of courses attended. The Committee notes the Government’s indication that it has made efforts to increase the population’s access to training centres. The Committee also notes from the statistical information provided by the Government that women represented 37.7 per cent of all trainees in 2018 and that the largest number of women participated in training on business and management, garment, apparel, processing and beauty. The Committee further notes from the ILO research brief “Leading to success: The business case for women in business and management in Indonesia” that: (1) more women graduate from tertiary education than men and, more particularly, that women accounted for 16 per cent of those graduating from tertiary education in 1993, and that this figure rose to 59 per cent in 2018; and (2) although the majority (63 per cent) of tertiary graduates in STEM disciplines continue be men, more women are taking up STEM fields and occupations.. The Committee notes that, although some progress has been made in this regard, gender segregation in skills training appears to persist. The Committee asks the Government to step up its efforts to promote women’s access to a wider range of vocational training courses and occupations, including those in which men traditionally participate and those leading to opportunities for advancement, and to provide information on the results achieved and statistical information on the number of men and women participating in vocational training, with an indication of the types of courses attended.
The Committee is raising other matters in a request addressed directly to the Government.

MLC, 2006 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government previously ratified one maritime labour Convention, which has been denounced following the entry into force of the MLC, 2006 for Indonesia. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Indonesia on 12 June 2017 and 8 January 2019, respectively. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers' Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 October 2020 and 26 October 2020, respectively, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the respect of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 on this issue.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the relevant legislation in Indonesia, particularly Government Regulation No. 7 of 2000 on Seamanship, had been drawn up before the adoption of the MLC, 2006, and that as a consequence a number of provisions of the national legislation does not give full effect to Convention. The Committee recalls that according to Article I of the Convention, each Member undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee further recalls that under Regulation 5.3 on labour-supplying responsibilities, without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of the Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident in its territory. The Committee requests the Government to report on any future developments with respect to the measures taken or envisaged with a view to give effect to the Convention.
Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. Masters. Cadets.  The Committee notes that Article 1(42) and (50) of Law No. 17 of 2008 concerning Shipping (only available in Indonesian) states that a seafarer is anyone who has expertise as a crew, other than the master. The Committee further notes that Article 4 of Minister of Transport Regulation No. PM 40 of 2019 on seafarers’ health examinations, ship safety support personnel, and ship work environment (only available in Indonesian) states that seafarers consist of ship's crew and cadets. The Committee requests the Government to confirm whether any person who is employed or engaged or works in any capacity on board a ship is considered a seafarer for the purpose of the Convention, clarifying, particularly, whether masters and cadets are regarded as seafarers and enjoy the protection provided for by the Convention.
Article VII. Consultations. The Committee notes the list of shipowners’ and seafarers’ organizations that the competent authority consults in matters relating to the implementation of the Convention. The Committee draws the Government’s attention to the fact that a number of provisions of the Convention specifically require consultations, such as Standard A1.1, paragraph 4 (types of work likely to jeopardize the health or safety of seafarers under 18), Standard A1.2, paragraph 2 (nature of the medical examination and certificate), Standard A2.1, paragraph 5 (minimum notice periods for the early termination of a seafarers’ employment agreement (hereafter SEA)), Standard A3.1, paragraph 2 (accommodation and recreational facilities), and Regulation 4.3, paragraph 2 (national guidelines for the management of occupational safety and health on board ships). Noting that the Government has not indicated whether consultations have taken place when required by the relevant provisions of the Convention, the Committee requests the Government to provide information in this regard.
Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night work. The Committee notes that the provisions of Law No. 15 of 2016 concerning Ratification of the MLC, 2006 and Government Regulation No. 7 of 2000 concerning Seamanship referred to by the Government do not seem to contain any reference to the definition of the term “night”. The Committee requests the Government to indicate how effect is given to the requirements of Standard A1.1, paragraph 2.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the Government’s reference to Article 74 of Law No. 13 of 2003 concerning Manpower, which prohibits children under 18 years of age from being employed in hazardous work. The Committee notes that a list of such types of work was determined by Decision No. KEP. 235/MEN/2003 of 31 October 2003, concerning jobs that jeopardize the health, safety or morals of children and lists among jobs that are hazardous, jobs relating to steam engines such as boilers, steam vessels, pressure vessels, dump vessels and loading vessels. This decision also lists jobs on ships among jobs that are hazardous by nature and condition. While noting this information, the Committee notes that Article 17 of Government Regulation No. 7 of 2000 on Seamanship provides that the minimum age to be employed on board an Indonesian vessel is 18 years old, “except for the case set under Article 21, paragraph (6) of the Regulation where young seafarers between the ages of 16 and 18 can be employed on a ship as part of the apprenticeship program”. Noting that, in general, jobs on ships have been considered hazardous and are therefore prohibited for persons under the age of 18, the Committee recalls that no exceptions are allowed under the Convention to the prohibition of hazardous work. The Committee therefore requests the Government to clarify how it gives full effect to the requirements of Standard A1.1, paragraph 4.
Regulation 1.2 and the Code. Medical Certificate. The Committee notes that Article 13 of Regulation of the Minister of Transportation No. 70 of 2013 on education, training and certification of seafarers provides that the issuance procedures of the medical certificate be in accordance with A-I/9 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). One of the examples of the medical certificate provided refers to the requirements of the MLC, 2006. Additionally, the Committee notes that Minister of Transport Regulation No. PM 40 of 2019 on seafarers’ health examinations, ship safety support personnel, and ship work environment (only available in Indonesian) refers, among others, to the opportunity for seafarers that have been refused a certificate or have had a limitation imposed on their ability to work to have a further examination by a seafarers' health committee. The Committee notes however that the applicable legislation seems silent with regard to the period of validity for a certificate of colour vision (Standard A1.2, paragraph 7(b)) and the permission for seafarers to work without a valid medical certificate in urgent cases (Standard A1.2, paragraph 8). The Committee requests the Government to indicate how it gives effect to these requirements of the Convention.
Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that Minister of Transportation Regulation No. 84 of 2013 concerning Recruitment and Placement of Ship Crews applies to Indonesian vessels and provides that ship crew agencies are responsible for the protection of seafarers in various circumstances (e.g. implementation of all the contents of the agreement until its expiration and the crews arrives at the place of the first departure (Article 14), guaranteeing the rights of seafarers in the employment agreement (Article 15(a)), providing legal assistance for seafarers involved in legal matters (Article 15(c)), completing the payment of the delayed seafarers' wages, bonuses and others according to the content of the SEA (Article 17)). It is however unclear whether these provisions cover monetary loss that seafarers may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the SEA to meet its obligations to them. The Committee also notes the Government´s indication that Law No. 18 of 2017 concerning Protection of Indonesian Migrant Workers, which applies to seafarers according to its Article 4(1)(c), covers the placement of ship crews working on foreign-flagged ships. The Committee notes that Article 54 of such Law requires Indonesian Migrant Workers Placement Agency to deposit money to a government bank in the form of deposits of at least Rp 1,500,000,000.00 (one billion five hundred million rupiah), that can be disbursed at any time as a collateral to fulfil the obligations in the Protection of Indonesian Migrant Workers, which, according to the Government, includes ship crews. The Committee however notes that paragraph 2 of Article 54 provides that the deposit “can only be disbursed by the Minister if the Indonesian Migrant Workers Placement Agency does not fulfil the obligations toward Prospective Indonesian Migrant Workers and/or Indonesian Migrant Workers”, which also does not seem to cover monetary loss incurred by seafarers. The Committee recalls that Standard A1.4, paragraph 5(c)(vi) requires a system of protection, such as an insurance arrangement, to ensure that seafarers can be duly compensated for any monetary loss caused by the failure of a recruitment and placement services or the relevant shipowner to meet the requirements of the MLC, 2006, and their obligations under the SEAs to them. The Committee therefore requests the Government to provide information on how it gives effect to the requirements of Standard A1.4, paragraph 5(c)(vi) for seafarers placed on Indonesian vessels, clarifying whether and how the insurance referred to in Article 54 of Law No. 18 of 2017 comply with such obligation.
Regulation 1.4, paragraph 3 and Standard A1.4, paragraphs 9 and 10. Recruitment and placement. Services based in countries in which the Convention does not apply. The Committee notes the Government’s indication that there are no national provisions to ensure that shipowners of ships that fly its flag, who use seafarer recruitment and placement services based in countries or territories in which this Convention does not apply, verify, as far as practicable, that those services meet the requirements of this Standard, as provided for under Standard A1.4, paragraph 9. The Committee requests the Government to indicate the measures adopted or envisaged to give effect to these requirements of the Convention.
Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreement. Record of employment. The Committee notes that Article 15(2) and (3) of Government Regulation No. 7 of 2000 on Seamanship provides that seafarers shall be given a Seaman’s Book, which constitutes the identity of the seaman and functions as a travel document for seafarers who will board a ship overseas or to Indonesia after descending from a ship overseas. The Committee notes that the national provisions do not require that the record of employment shall not contain any statement as to the quality of the seafarers’ work or as to their wages, as provided for under Standard A2.1, paragraph 3 of the Convention. The Committee requests the Government to indicate how full effect is given to Standard A2.1, paragraph 3.
Regulation 2.1 and Standard A2.1, paragraph 4(c). Seafarers’ employment agreement. Content. The Committee notes that the majority of the matters to be included in a SEA listed under Standard A2.1, paragraph 4, are reflected in Article 21(3) of Minister of Transportation Regulation No. 84 of 2013 on recruitment and placement of the crew. However, it observes that said Article does not refer to the place where and date when the SEA is entered into. The Committee accordingly requests the Government to indicate the measures taken to ensure full compliance with Standard A2.1, paragraph 4(c).
Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreement. Minimum notice period for termination. The Committee notes the Government’s indication that the minimum notice period is stated in the SEA and observes that the Indonesian legislation does not impose minimum notice requirements for termination of SEAs. The Committee recalls that under Standard A2.1, paragraph 5, Members shall adopt laws or regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a SEA and that the duration of these minimum periods shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned, but shall not be shorter than seven days. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that a notice period, not shorter than seven days, be established by law or regulations, as required under Standard A2.1, paragraph 5, including the possibility of a shorter period of notice in cases of “compassionate or other urgent reasons”, as stated in paragraph 6 of this Standard.
Regulation 2.2 and Standard A2.2, Paragraphs 3, 4 and 5. Wages. Allotments. The Committee observes that there seem to be no provisions ensuring that any charge for the service of allotments shall be reasonable in amount. The Committee recalls that any charge for this service shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer (Standard A2.2, paragraph 5). Moreover, although article 17(3) of Government Regulation No. 78 of 2015 concerning wages establishes that the worker's wage can be paid to a third party with a power of attorney (valid for only one payment), the Committee notes that such Government Regulation does not contain any specific provisions requiring that shipowners take measures to provide seafarers with a means to transmit all or part of their earnings to their families or dependents or legal beneficiaries. Therefore, there does not seem to be any provisions recognizing seafarers’ rights to allot wages for seafarers who are not recruited by recruitment and placement agencies. The Committee accordingly requests the Government to clarify how it gives effect to the provisions of Standard A2.2, paragraphs 3, 4 (allotment system), and 5 (reasonable charge for the service and rate of currency exchange).
Regulation 2.3 and Standard A2.3, paragraphs 5 and 6. Hours of work and hours of rest. Limits. The Committee notes that the Government has established a system based on hours of rest. The Committee notes that Article 21(1) and (4) of Government Regulation No. 7 of 2000 on Seamanship provides that seafarers are entitled to one day off every week and official holidays and to receive a minimum of ten hours of rest in any 24-hour period, which may be divided into no more than two periods, one of which shall be at least six hours in length. It observes however that these provisions do not provide for a minimum of 77 hours of rest in any seven-day period, nor is it stipulated that the interval between consecutive periods of rest shall not exceed 14 hours (Standard A2.3, paragraphs 5 and 6). The Committee further notes that Article 20 of the Minister of Transportation Decree No. 70 of 1998 on commercial ship’s manning states that “the total rest period in 7 days should not be less than 70 hours”. The Committee requests the Government to adopt the necessary measures to ensure full conformity with Standard A2.3, paragraphs 5 and 6 (minimum of 77 hours of rest in any seven-day period and an interval between consecutive periods of rest that shall not exceed 14 hours).
Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there seem to be no national provisions with respect to the requirements that records of seafarers’ daily hours of work or of their daily hours of rest be maintained, in a standardized format, and that seafarers shall receive a copy of those records pertaining to them which shall be endorsed by the master, or a person authorized by the master, and by the seafarers, in accordance with Standard A2.3, paragraph 12. The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.
Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that Article 21(3) of Government Regulation No. 7 of 2000 on Seamanship states that work performed over the 8-hour period and employment on holidays are calculated as overtime. Article 21(4) provides that the minimum rest periods do not apply in case of emergency and Article 21(5) provides that performing emergency duties for the safety of sailing and cargo, including on-board exercises or for providing assistance in danger in accordance with shipping safety regulations are not counted as overtime. The Committee, however, observes that there does not seem to be any provisions regarding compensatory rest for seafarers once the normal situation has been restored. Recalling that pursuant to Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarer who has performed work in a scheduled rest period is provided with an adequate period of rest, the Committee requests the Government to indicate the steps taken or envisaged to ensure the application of this requirement of the Convention.
Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. The Committee notes that the Government has not provided information on the measures taken to conform to Regulation 2.4, paragraph 2, according to which seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirement of their positions. The Committee requests the Government to explain the measures taken or envisaged to give effect to this provision of the Convention.
Regulation 2.4 and Standard A2.4, paragraph 2. Entitlement to leave. Minimum paid annual leave. Method of calculation. The Committee notes the Government’s indication that, under Article 24(1) of Government Regulation No. 7 of 2000 on Seamanship, seafarers are entitled to annual leave of at least 20 calendar days for each period of one year of work. The Committee recalls that according to Standard A2.4, paragraph 2, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. Noting the absence of information on the annual leave granted to seafarers for periods shorter than one year in the event of termination of the employment relationship, the Committee also recalls that according to Guideline B2.4.1, paragraph 3, for seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro-rata basis. The Committee requests the Government to take the necessary measures to ensure compliance with the minimum paid annual leave requirement established by the Convention and to further indicate how it has given due consideration to Guideline B2.4.1, paragraph 3, in implementing its obligations concerning annual leave in order to ensure that seafarers who work less than one year are given paid annual leave on a pro-rata basis.
Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. The Committee observes that Article 24(2) of Government Regulation No. 7 of 2000 on Seamanship allows, at the request of the sea transport entrepreneur, a seafarer who gets annual leave entitlements can replace it with wage compensation for the number of days of leave that he did not enjoy. The Committee recalls that Standard A2.4, paragraph 3, prohibits any agreement to forgo the minimum annual leave with pay, except in cases provided for by the competent authority. The Committee considers that this provision needs to be understood in a restrictive manner. In contrast, to read in this Standard a broad authorization to forgo annual leave for cash compensation or otherwise, would defeat the purpose of Regulation 2.4, which is to ensure that seafarers have adequate leave. Recalling the fundamental importance of paid annual leave to protect the health and well-being of seafarers and to prevent fatigue, the Committee requests the Government to take the necessary measures to ensure that any agreement to forgo annual leave is prohibited and that any authorized exceptions are limited to specific cases.
Regulation 2.5 and the Code. Repatriation. The Committee notes that, while Article 26, paragraphs 1 and 3 of Government Regulation No. 7 of 2000 on Seamanship stipulates the circumstances in which a seafarer has a right to repatriation, paragraph 2 of Article 26 provides that if a seafarer terminates the employment relationship on his own volition, the transport operator is exempted from the financial obligation for his return. The Committee recalls that under Standard A2.5.1, paragraph 1 (b), seafarers shall be entitled to repatriation when the SEA is terminated by the seafarers for justified reasons. The Committee accordingly requests the Government to indicate that seafarers who terminate the employment relationship for justified reasons are entitled to be repatriated by the shipowner.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that Article 26(1) of Government Regulation No. 7 of 2000 on Seamanship provides that a seafarer whose employment agreement has expired must be returned to his/her domicile or to the port where the SEA was signed and Article 26(3) states that if the employment term of the ship crew expires while the ship is in voyage, the crew is required to continue the voyage up to the first port visited and receives compensation for wages and welfare worth of days in excess of the days of the employment term. Article 26(4) further stipulates that the costs referred to in paragraphs (1) and (3) are the responsibility of the transport entrepreneur, which includes the costs of repatriation, lodging and food, including from the moment the seafarer is dropped off of the ship until he/she arrives at domicile. However, the national provisions do not cover all the circumstances in which seafarers are entitled to repatriation at no cost to themselves, as provided for by the Convention, more specifically when the SEA is terminated by the shipowner (Standard A2.5.1, paragraph 1(b)(i)); or by the seafarer for justified reasons (Standard A2.5.1, paragraph 1(b)(ii)) and also when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances (Standard A2.5.1, paragraph 1(c) and Guideline B2.5.1, paragraph 1(b)). The Committee requests the Government to take the necessary steps to ensure that seafarers are entitled to repatriation in the circumstances foreseen in Standard A2.5.1, paragraphs 1 and 2(a).
Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee observes that the national provisions do not seem to provide for the maximum period of service on board a ship following which a seafarer is entitled to repatriation, as required by Standard A2.5.1, paragraph 2(b). The Committee recalls that, according to the Convention, laws and regulations, or other measures or collective bargaining agreements, must prescribe the maximum duration of service periods on board following which a seafarer is entitled to repatriation - such periods to be less than 12 months. The Committee therefore requests the Government to indicate how effect is given to Standard A2.5, paragraph 2(b).
Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that Article 26 of Government Regulation No. 7 of 2000 on Seamanship lays down some entitlements to be accorded by shipowners for repatriation. Article 26(1) of Government Regulation No. 7 of 2000 provides that a seafarer whose employment agreement has expired must be returned to his/her domicile or to the port where the SEA was signed. Article 26 paragraph (4) states that the costs referred to in paragraphs (1) and (3) are the responsibility of the transport entrepreneur, which includes the costs of repatriation, lodging and food from the moment the seafarer has been dropped off the ship until the seafarer arrives at his/her domicile. However, the Committee observes that these provisions do not provide for the mode of transport, in accordance with the provisions of Standard A2.5.1, paragraph 2(c). The Committee further notes that Article 26(1) of Government Regulation No. 7 of 2000 provides that the shipowner shall repatriate the seafarer to his domicile or to the port where the SEA was signed. The Committee recalls that Standard A2.5, paragraph 2(c) provides that each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or collective bargaining agreements, prescribing the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation. Furthermore, the Committee recalls that under Guideline B2.5.1, paragraphs 6 and 7, seafarers should have the right to choose the place to which they are to be repatriated among: the place at which they entered into the agreement; the place stipulated in collective agreement; the country of residence; or the place agreed upon at the time of engagement. The Committee requests the Government to indicate the measures taken or envisaged to give effect to these provisions of the Convention regarding the mode of transport and the place of repatriation.
Regulation 2.5 and Standard A2.5.2. Financial security in the event of abandonment. The Committee notes that the Government has not indicated the kind of financial security that must be provided by ships flying its flag to cover the right of repatriation, in application of Regulation 2.5, paragraph 2. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has Indonesia received requests to facilitate repatriation of a seafarer and, if yes, how did it respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the abovementioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).
Regulation 2.7 and the Code. Manning levels. The Committee notes that Minister of Transportation Decree No. 70 of 1998 on commercial ship’s manning relates to manning levels in the context of the STCW Convention. The Committee recalls that the MLC, 2006, contains additional requirements, including that of taking into account, when determining manning levels, the requirements concerning food and catering within Regulation 3.2 and Standard A3.2. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to the requirements of Standard A2.7, and to provide an example of a safe manning document.
Regulation 2.8 and the Code. Career and skill development and employment opportunities for seafarers. The Committee notes the Government’s reference to Regulation of the Minister of Transportation No. 70 of 2013 on education, training and certification of seafarers. The Committee observes however that the Government has not provided information on whether any national policies were adopted to encourage the career and skill development for seafarers that are domiciled in Indonesia. The Committee requests the Government to explain the measures taken or envisaged to give effect to Regulation 2.8 and the Code.
Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that Indonesia did not ratify the Accommodation of Crews Convention (Revised), 1949 (No. 92), or the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), which were revised by the MLC, 2006. The Committee observes that the inspection checklist (Appendix), which is an integral part of the Regulation of the Director General of Sea Transportation No. HK.103/3/13/DJPL-18 concerning Procedures for the Issuance of Maritime Employment Certificates, refers to some of the requirements foreseen in Regulation 3.1 and Standard A3.1. Additionally, the Committee notes that the Government refers to the provisions of Government Regulation No. 7 of 2000 on Seamanship, which was adopted prior to the MLC, 2006, and does not cover all the requirements under Regulation 3.1 and the corresponding part of the Code. This is the case for example for the provisions regarding the obligation that accommodation and recreational facilities meet the requirements of Regulation 4.3 and the Code on health and safety protection and accident prevention (Standard A3.1, paragraph 2(a)), the inspections required under Regulation 5.1.4 to be carried out when a ship is registered or re-registered and/or when the seafarer accommodation is substantially altered (Standard A3.1, paragraph 3); the minimum headroom (Standard A3.1, paragraph 6(a)), requirements for the minimum floor area of sleeping rooms (Standard A3.1, paragraph 9), sanitary facilities (Standard A3.1, paragraph 11), the required frequency for on-board inspections of seafarers’ accommodation (Standard A3.1, paragraph 18), etc. The Committee recalls that Standard A3.1 provides that each Member shall adopt laws and regulations requiring that ships that fly its flag meet minimum standards for accommodation and recreational facilities and are inspected to ensure initial and ongoing compliance with those standards. The Committee requests the Government to indicate the measures taken to give effect to Regulation 3.1 and Standard A3.1 with respect to all ships covered by the Convention.
Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that Articles 28 to 31 of Government Regulation No. 7 of 2000 on Seamanship define the responsibilities of the shipowner in the event of any sickness, injury or death during the voyage and Article 37 relates to medical care on board. Article 37 provides the following: (1) Every ship with a crew of 15 (fifteen) or more people must be equipped with proper health care rooms; (2) health care facilities shall not be used for other purposes than for care of the sick; (3) in every ship, there must be sufficient medicines and sanitary materials available; (4) for the provision of on-board health services, the captain in certain circumstances may seek advice from medical personnel on land; and (5) further provisions regarding the types of medicines and the procedure for seeking advice as referred to in paragraphs (3) and (4) are regulated in a Ministerial Decree. The national provisions do not seem to impose an obligation on the country, as established by Regulation 4.1 and Standard A4.1 to ensure access to prompt medical care for seafarers working on ships flying the national flag at no cost to them, including the adoption of laws or regulations regarding medical equipment and medical personnel on board, or any obligation concerning access to medical facilities ashore for ships in its territory, including access to medical advice by radio or satellite communication. The Committee requests the Government to provide information on all the measures taken or envisaged to give full effect to Regulation 4.1 and Standard A4.1.
Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while the situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).
Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that Transport Regulation No. PM 40 of 2019 on seafarers’ health examinations, ship safety support personnel, and ship work environments (only available in Indonesian) provides for the inspection of the shipping work environment (article 33), which includes the examination of physical, chemical and biological factors; ergonomics; psychology; hygiene and sanitation; and work safety equipment (article 34(1)). The Committee also notes that the inspection checklist (Appendix), which is an integral part of the Regulation of the Director General of Sea Transportation No. HK.103/3/13/DJPL-18 concerning Procedures for the Issuance of Maritime Employment Certificates, refers to several requirements foreseen in Standard A4.3, including the protection of seafarers under the age of 18, a safety committee, and risk evaluation. The Committee notes however that the Government has not provided information on any national laws and regulations and other measures including the development and promulgation of national guidelines for the management of occupational safety and health, taken to protect seafarers that live, work and train on board ships flying its flag (Regulation 4.3, paragraph 3). The Committee further notes that the Government has not provided information on i) laws and regulations and other measures reviewed regularly, in consultation with shipowners’ and seafarers’ organizations, with a view to their revision to account for changes in technology and research and the need for continuous improvement (Standard A4.3, paragraph 3); and ii) the reporting of occupational accidents, injuries and diseases taking into account guidance from the ILO (Standard A4.3, paragraphs 5(a) and 6). The Committee therefore requests the Government to provide detailed information on the measures taken to give effect to Regulation 4.3, paragraph 3, and Standard A4.3, paragraphs 3, 5(a) and 6.
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the absence of information on this issue. The Committee requests the Government to indicate the measures taken to promote the development of welfare facilities at appropriate ports of Indonesia as well as the establishment of welfare boards, in conformity with Standard A4.4, paragraphs 2 and 3.
Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. Branches. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government has declared that the branches for which it provides protection are old-age benefit; employment injury benefit and invalidity benefit. The Committee further notes that the branches specified at the time of ratification are not consistent with the three minimum branches that must be included in accordance with Guideline B4.5, paragraph 1 (medical care, sickness benefit and employment injury benefit). The Committee requests the Government to indicate the manner in which due consideration has been given to this provision within the framework of Standard 4.5.
Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes that the Government has not submitted any information on the national provisions for the implementation of this Regulation, including details of the benefits provided under each of the three branches mentioned above. The Committee further notes that Article 1(8) of Law No. 40 of 2004 on national social security system and Article 1(4) of Law No. 24 of 2011 on the implementing agency of social security provide that the beneficiaries are all people, including the expatriates who have worked for at least 6 (six) months in Indonesia, who have paid contributions. The Committee accordingly requests the Government to indicate how it is ensured that all seafarers ordinarily resident in its territory, including those with contracts of less than 6 months and, to the extent provided by national legislation, their dependants, are entitled to benefits from social security protection in the three branches specified, no less favourable than those enjoyed by shoreworkers resident in its territory. In this regard, it requests the Government to provide details on the social security benefits enjoyed by seafarers and the applicable legal provisions. The Committee further requests the Government to indicate whether seafarers ordinarily resident in Indonesia working on ships operating under the flag of another country are also provided with social security protection, as required under Regulation 4.5 and the Code.
Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that the Government has not provided information on the provisions authorizing recognized organizations to carry out inspections and certification of compliance with the Convention, their functions, nor a list of recognized organizations authorized to act on behalf of the Government. The Committee requests the Government to indicate how it gives effect to this Regulation.
Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. While noting that Director General of Sea Transportation Regulation No. HK.103/3/13/DJPL-18 concerning procedures for issuing maritime labour certificates implements some of the requirements of Standard A5.1.3 on the Maritime Labour Certificate and the Declaration of Maritime Labour Convention (DMLC), the Committee observes that these provisions do not specify the requirements regarding the intermediate inspection (Standard A5.1.3, paragraph 2) and the renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4). The Committee therefore requests the Government to indicate how it gives effect to these requirements of the Convention.
Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the Government provided a copy of the DMLC, Part I, which defines the national requirements, without however specifying in most of the cases, the reference to the relevant national legal provisions. The Committee recalls that pursuant to Standard A5.1.3, paragraph 10(a), the DMLC, Part I, shall identify the national requirements embodying the relevant provisions of the Convention by providing a reference to the relevant national legal provisions. Therefore, the Committee requests the Government to consider amending the DMLC, Part I, to fully implement Standard A5.1.3, paragraph 10(a), so as to ensure that it provides a reference to the relevant national legal provisions embodying the Convention, and concise information on the main content of the national requirements. The Committee further observes that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II, that has been drawn up by a shipowner to set out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b). The Committee requests the Government to provide one or more examples of an approved DMLC, Part II.
Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee observes that Director General of Sea Transportation Regulation No. HK.103/3/13/DJPL-18 concerning procedures for issuing maritime labour certificates does not require that a current valid Maritime Labour Certificate and a DMLC with an English-language translation are posted in a conspicuous location on board as required under Standard A5.1.3, paragraphs 12 and 13. The Committee requests the Government to report on how it ensures compliance with this requirement of the Convention.
Regulation 5.1.3 and Standard A5.1.3, paragraph 14. Flag State responsibilities. End of validity of the Maritime Labour Certificate and the Declaration of Maritime Labour Compliance. The Committee notes that Article 8(1) of Director General of Sea Transportation Regulation No. HK.103/3/13/DJPL-18 concerning procedures for issuing maritime labour certificates lists the reasons for which a maritime labour certificate shall cease to be valid. The Committee however observes that it is not clear whether the following reasons are included: if the certificate is not endorsed following an intermediate inspection (paragraph 14(b)); when a shipowner ceases to assume the responsibility for the operation of a ship (paragraph 14(d)); and when substantial changes have been made to the structure or equipment covered in Title 3 (paragraph 14(e)). The Committee requests the Government to indicate how it gives effect to Standard A5.3.1, paragraph 14(b), (d) and (e).
Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes the Government’s indication that a joint inspection between the marine inspector (Ministry of Transportation) and the labour inspector (Ministry of Manpower) is being developed. It also notes Minister of Transport Regulation No. PM 40 of 2019 on seafarers’ health examinations, ship safety support personnel, and ship work environments (only available in Indonesian), which provides for the inspection of health standards of every ship's working environment (article 33). Noting the indication that a joint inspection system is being developed, the Committee requests the Government to provide detailed information on the progress made in this regard and indicate the measures taken to implement Regulation 5.1.4 and the Code.
Regulation 5.1.5 and the Code. Flag State responsibilities. On-board Complaint Procedures. The Committee notes that Article 5(5)(l) of Director General of Sea Transportation Regulation No. HK.103/3/13/DJPL-18 states that inspections on board related to working conditions and living conditions of the crew include on-board complaint procedures. It further observes that the inspection checklist and the DMLC – Part I (Appendix), which are integral parts of the Regulation of the Director General of Sea Transportation No. HK.103/3/13/DJPL-18 concerning Procedures for the Issuance of Maritime Employment Certificates, also refer to on-board complaint procedures. The Committee notes however that the Government has not provided specific information on how its national provisions give effect to the requirements of Regulation 5.1.5. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to these provisions of the Convention.
Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Indonesia has adhered to the Memorandum of Understanding on Port State Control in the Asia-Pacific Region (Tokyo MoU). The Committee notes that the Government refers to Minister of Transportation Regulation No. PM 119 of 2017 on examining official for seaworthiness and safety of foreign vessels, which sets out guidelines regarding the procedure for inspection and certification of Port State Control Officer (PSCO), including provisions on training required for carrying out port State control and detention of ship. The Committee notes however that such Regulation (only available in Indonesian) does not seem to have specific provisions on compliance with the requirements of the MLC, 2006 (including seafarers’ rights). The Committee therefore requests the Government to indicate in detail how it gives full effect to the provisions of Regulation 5.2. It further requests the Government to indicate the measures taken or envisaged to give effect to the requirement of Standard A5.2.2 regarding onshore seafarer complaint-handling procedures.
Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee requests the Government to provide a copy of the following documents: an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); the standard form or an example of a SEA (Standard A2.1, paragraph 2(a)); the approved standardized table for shipboard working arrangements (Standard A2.3, paragraph 10); the standard form for recording daily hours of work/rest (Standard A2.3, paragraph 12); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it; the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a)); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see also the guidance in Guideline B4.1.2, paragraph 1); an example of the kind of documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Standard A4.2, paragraph 1(b)); an example of a document (e.g. Part II of the DMLC) outlining shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); the relevant national guidelines regarding health and safety protection and accident prevention (Regulation 4.3, paragraph 2); the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a list of all seafarers’ shore-based welfare facilities and services, if any, operating in Indonesia(Standard A4.4); an example or examples of authorizations given to recognized organizations (Regulation 5.1.2, paragraph 2); a report or other document containing information on the objectives and standards established for Indonesia’s inspection and certification system, including the procedures for its assessment; information on the budgetary allocation during the period covered by this report for the administration of Indonesia’s inspection and certification system and the total income received during the same period on account of inspection and certification services; the following statistical information: number of ships flying Indonesia’s flag that were inspected during the period covered by this report for compliance with the requirements of the Convention; number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections during the period covered by this report; number of full-term (up to five years) maritime labour certificates currently in force; number of interim certificates issued (Standard A5.1.3, paragraph 5); a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7), together with a summary in English, French or Spanish if the document is not in one of those languages; a copy of any national guidelines issued to inspectors (Standard A5.1.4, paragraph 7), with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; a copy of the annual reports on inspection activities, in English, French or Spanish (Standard A5.1.4, paragraph 13); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3), with an indication of the content in English, French or Spanish if the documentation is not in one of those languages; the country’s model for on-board complaint procedures (Standard A5.1.5, paragraph 4); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; the following statistical information for the period covered by this report: number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; number of cases where significant deficiencies were detected; number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of MLC, 2006 (including seafarers’ rights); and a document, if any, that describes the onshore complaint-handling procedures (Standard A5.2.2, paragraph 6).
[The Government is asked to reply in full to the present comments in 2023.]
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