Interim Report - Report No 305, November 1996

Case No 1773 (Indonesia) - Complaint date: 20-APR-94 - Closed

Allegations: Denial of union recognition; government interference in trade union activities; harassment and detention of trade unionists

1. 327. The Committee examined this case at its meetings of March 1995 (see 297th Report, paras. 484-537, approved by the Governing Body at its 262nd Session (March-April 1995)) and March 1996 (see 302nd Report, paras. 447-479, approved by the Governing Body at its 265th Session (March 1996)), at which it drew up interim conclusions.
2. 328. The International Confederation of Free Trade Unions (ICFTU) provided additional information in communications dated 6 and 8 August 1996. The World Confederation of Labour (WCL) did the same in communications dated 5 and 22 August 1996.
3. 329. The Serikat Buruh Sejahtersa (SBSI) lodged a new complaint by a communication dated 11 June 1996. The Trade Unions International of Workers of the Building, Wood and Building Material Industries expressed its support for the complaint in a communication dated 14 August 1996.
4. 330. The Government subsequently sent its observations in communications dated 30 August and 5 September 1996.
5. 331. Indonesia has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); it has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. Previous examination of the case

1. 332. In its previous examinations of the case, the Committee dealt with very serious allegations of violations of trade union rights in Indonesia related to the denial of the workers' right to establish organizations of their own choosing, the persistent interference by government authorities, the military and employers in trade union activities, and the ongoing restrictions on collective bargaining and strike action. The case also raised serious allegations concerning the arrest and harassment of trade union leaders as well as the disappearance and assassination of workers and unionists.
2. 333. At the occasion of its previous examinations, the Committee deeply deplored and re-emphasized the seriousness of the allegations which led it to believe that the general situation of workers in Indonesia had not evolved but was still characterized by serious and worsening infringements of basic human and trade union rights and violations of freedom of association principles in law and in practice. The Committee therefore insisted on the fact that a genuinely free and independent trade union movement can only develop where fundamental human rights are fully respected and guaranteed and that a system of democracy is fundamental for free exercise of trade union rights (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 34 and 35).
3. 334. At its March 1996 Session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) The Committee urges the Government to take all the necessary measures in law and in practice to ensure that the right of workers to organize is fully recognized and to keep it informed in this respect.
   • (b) The Committee urges the Government to take all the necessary measures to ensure that the SBSI be duly registered without delay and to keep it informed in this regard. It also requests the Government to indicate if there are any registered organizations which are affiliated to the SBSI.
   • (c) Considering that the requirement according to which a trade union is obliged to obtain the recommendation of the SPSI in order to secure registration is contrary to freedom of association, the Committee urges the Government to eliminate such impediments (such as section 2(c) of the Ministerial Regulation No. Per-03/MEN/1993) and to keep it informed in this respect.
   • (d) As regards Mr. Arieshia, whose case appears to be still pending before the Supreme Court, the Committee hopes that the Government will take the necessary measures for his release if it appears that he is detained for activities connected with the legitimate exercise of trade union rights and to keep it informed in this respect.
   • (e) The Committee urges the Government to initiate an independent inquiry in order to clearly establish the reasons of Mr. Mulyono's dismissal and if it appears that he was dismissed for legitimate trade union activities, to take all the necessary measures to give him the option of being reinstated in his post without delay and to keep it informed in this respect.
   • (f) The Committee also requests the Government to provide information on the allegation of acts of anti-union discrimination against any workers of the Southern Cross Textile Company found to be members of the SBSI.
   • (g) The Committee urges the Government to provide, without delay, information on: (i) all the workers and trade union leaders arrested, detained or convicted in connection with the Medan events and; (ii) the outcome of Messrs. Icang's and Suryandi's trials. The Committee urges the Government to take all the necessary measures, without delay, to re-establish any of those workers, who have been found to be discriminated against because of trade union activities, in her/his rights and to keep it informed in this respect.
   • (h) The Committee requests the Government to confirm that Mr. Muchtar Pakpahan was acquitted by the Supreme Court and that all legal proceedings against him have been dropped.
   • (i) The Committee requests the Government to keep it informed of the results of the police investigation in the case of the death of Ms. Marsinah.

B. The complainants' further allegations

1. 335. In its communication dated 11 June 1996, the SBSI reports several acts of anti-union discrimination and interference by public authorities against the SBSI and its members, including allegations of physical violence.
2. 336. More specifically, in the course of the month of May 1996, Mr. Aryanto, a member of the SBSI Medan Branch and a worker at PT Sarimorawa Tanjung Morawa Deli Serdang, was allegedly beaten in the company's office by an officer of Tanjung Morawa troop. Furthermore, the SBSI adds that on 1 June 1996 the district government and security officers vandalized the SBSI's union sign for Medan and Binjai Branches. On that same day, seven members of the SBSI Lampung Branch who worked for the PT Tris Delata Agrindo, were forced to quit their SBSI membership. A day later, the SBSI reports that Mr. Arsipto Parangin-Angin, a worker at the transportation company called Mayasari Bakti and new SBSI member, was arrested and detained by the Ciracas local police. On 2 June 1996, Mr. Rozali worker at Mayasari Bakti and member of the SBSI, was reported to have been beaten by a Cilandak Marine officer. Finally, the SBSI adds that Mr. Farid Mu'adz, Chairman of the SBSI West Jakarta Branch, was arrested, his arrest being grounded on a circular letter he prepared which describes the workers' right to strike.
3. 337. In their communications, the ICFTU and the WCL provided information on the arrest of the general Chairman of the SBSI, Mr. Muchtar Pakpahan, which occurred on 30 July 1996. It appears from the complainants' communications that late in the night (11.00 p.m.) of 30 July 1996, Mr. Pakpahan was arrested at his home and summoned by the Junior Supreme Prosecutor for interrogation on six alleged charges, including being the mastermind behind the anti-regime protests held on 27 July 1996. The complainants express their great concern with regard to the psychological and physical health of Mr. Pakpahan who, for several years, has been subject to detention, intimidation and harassment by public authorities in violation of internationally established ILO Conventions for human and trade union rights.
4. 338. Subsequently on 2 August 1996, Mr. Pakpahan was charged by Indonesian authorities with subversion in connection with the July riots. According to the complainants, the anti-subversion Act outlaws anyone who is "disseminating feelings of hostility or arousing dissension, conflict, disorder, disturbance or anxiety" or "disturbing industry, production, distribution, commerce or transport" and carries a maximum penalty of death. Suspects can be held indefinitely without being tried.
5. 339. In addition to Mr. Pakpahan, the complainants report that nine officers and members of the SBSI's Riau branch (North West Sumatra) were being detained in early August 1996 for interrogation. They were accused for having illegally been assembling without police permission. In fact, a total of 30 SBSI trade unionists was reportedly being held in various parts of Indonesia. SBSI officers were interrogated and released by the police and the military in the following offices: Serang, Pedang, Malang, Mojokerto and Ujung Padang. The WCL adds that some activists were detained while others were searched by the police: Rekson Silaban, Director of research, Santosa, region coordinator, Mehbob, staff member of the Legal Aid Institution. All of them have been accused of being masterminds behind the recent riots.
6. 340. The ICFTU adds that prior to the arrest the SBSI had appealed to the Indonesian Government not to take advantage of the political protests to detain public figures who are critical of the regime in place. The SBSI urged that the authorities should make an objective evaluation of the reasons why the riots occurred. For its part, the SBSI concluded that these events were a popular explosion which erupted because law and justice had been sacrificed and replaced by repression. The SBSI leaders requested constructive dialogue rather than show of force from the military.
7. 341. Finally, the complainants insist on the fact that the arrest of Mr. Pakpahan and other SBSI members are violations of the most basic principles of freedom of association and that the Indonesian Government is still searching for the destruction of the SBSI as a legal instrument of the Indonesian workers to defend their legal, social and economic rights.

C. The Government's further reply

• Application in practice of Ministerial Regulation No. 1 of 1994 and registration of the SBSI (302nd Report, paragraphs 479(a)(b)(c))
  342. 342 In this respect, the Government states that labour laws and regulations ensure freedom of association. The Indonesian workers are able to establish their own organization without any requirement to affiliate to a specific trade union. The Government evaluates that there exists now more than 1,000 independent trade unions at the company level. A newly established union is required only to file before the Ministry of Manpower information with regard to its organization, status and the member of its executives. It can then after perform its function and negotiate with employers, inter alia, on the drafting of collective agreements.
  343. 343 Even if a close relationship has been established between the Government on the one hand and the workers' and employers' organizations on the other through their own programmes and activities, the Government pleads that time is needed to make the employers and workers aware of their individual obligations within the implementation of a new system of industrial relations.
• Situation prevailing at the Southern Cross Textile Company (302nd Report, paragraph 479(f))
  344. 344 The Government restates that, in 1993, the PT Southern Cross Textile Industry (SCTI) in Jakarta employed 1,500 employees and that since 1974 the SPSI has been established in that company. At the beginning of April 1993, negotiations were held between the SPSI and the employer for a yearly wage increase to be paid on 30 May 1993. At that time, the third CLA was entering its second year. While the negotiations were in process, on 19 April 1993, between 2 p.m. and 6 p.m., a group of workers forced the others to strike for a wage increase. In order to avoid any misconduct and destructive actions, the Government reiterates that the employer and the SPSI agreed to hold negotiations outside the company premises. Beginning on the evening of 22 April 1993 and until the next day at 11:30 a.m., the Government reports that a group of workers closed the company gates preventing the other workers to go to work. As a result of this situation, the management of the company fired 16 workers.
• April 1994 events in Medan; arrests, trials and detention of workers (302nd Report, paragraph 479(g))
  345. 345 As regards the April 1994 events in Medan, the Government considers that these riots had been planned long in advance. The persons behind these illegal acts had been prosecuted and sentenced pursuant to laws and regulation in force by independent and impartial tribunals.
  346. 346 Furthermore, except for Mr. Mohammed Ali and Mr. Mulyadi, the Government provides information with regard to all workers and trade union leaders allegedly arrested, detained or convicted in connection with these events the names of whom and place of detention were listed in Annex B of the second interim report of the Committee. All were sued for inciting workers to riot and sentenced to three to six months term of imprisonment. They all have completed their punishment (see Annex 1).
• Information on Mr. Ariesha (302nd Report, paragraph 479(d))
  347. 347 The Government indicates that he was charged with inciting workers to stage demonstrations which degenerated into riots. The State Court of Medan sentenced him to one year in jail while the State High Court of Medan gave an additional sentence of two years. He appealed to the Supreme Court.
• Information on Mr. Mulyono (302nd Report, paragraph 479(e))
  348. 348 The Government recalls that Mr. Mulyono was fired on 6 May 1994, on the grounds that he could not get along with his supervisor and that he frequently created unrest through his influence on other workers. The Government adds that a conciliator from the Ministry of Manpower tried to settle the case in a peaceful manner by inviting the parties to discuss. Since the conciliator's proposals were not accepted by the company, it was suggested that it lodge an appeal against such termination of employment before the Regional Committee for Disputes Settlement. On 28 September, the Committee decided to authorize the company to terminate Mr. Mulyono's employment with effect from 19 September 1994. Based on the agreement reached between the parties, Mr. Mulyono accepted the amount of Rs.400,000 in compensation which had to be paid by the company at the latest on 26 September 1994.
• Information on Mr. Muchtar Pakpahan (302nd Report, paragraph 479(h) and complainants' additional information)
  349. 349 The Government recalls that Mr. Pakpahan was brought before the court because of his involvement in the April 1994 riots. The State Court of Medan sentenced him to a three-year term of imprisonment while the High Court of Medan, on appeal, added a year. Mr. Pakpahan appealed to the Supreme Court. On 29 September 1995, the Court released him without any requirement. In its communication of 30 August 1996, the Government insists on the fact that the new charge brought against Mr. Pakpahan is in no way related to his trade union activities and that he has committed criminal offences punishable pursuant to Act No. 11/PNPS/1963 on subversive activities, article 1(3).
• Mrs. Marsinah's police investigation (302nd Report, pargraph 479(i))
  350. 350 With regard to Mrs. Marsinah's death, the Government indicates that this homicide still remains unresolved. While further analyses are being made, the Government indicates that it has sent a team to reinvestigate the case and try to identify the guilty party.
• Information on the arrest of Messrs. Arsipto Parangun-Angin, Rozali, Farid Mu'adz, Aryanto and the PT Tris Delata Agrindo (complainants' additional information)
  351. 351 With respect to Mr. Arsipto Parangun-Angin, the Government specifies that the company for which he works, the PT Mayasari Bakti, employs 4,000 workers. Trade unions are established at plant level and have concluded collective labour agreements. It appears that on 2 June 1996, Mr. Arsipto Parangun-Angin was effectively arrested by Ciracas Police for having kept obligatory deposit amounting to Rs.160,000. Because of its criminal nature, this act was reported to the police. On the request of Mr. Arsipto Parangun-Angin's family, the case has been peacefully settled. He has been released from detention.
  352. 352 Concerning Mr. Rozali's case, the Government indicates that, according to information it gathered, on 4 June 1996 Mr. Rozali had a personal quarrel with a member of the company's security. He is still working for the company.
  353. 353 With regard to Mr. Farid Mu'adz, the Government indicates that on 6 June 1996, Mr. Farid Mu'adz was interrogated by military apparatus (military district Commando/Kodim) for having disseminated a provocative pamphlet to workers on the right to strike.
  354. 354 Concerning the alleged beating of Mr. Aryanto, the Government specifies that the company for which he works employs 330 workers and produces paper for the purpose of religious activities. On 24 May 1996, Mr. Aryanto and his colleagues were involved in a dispute with local community members which degenerated into a mass fight. A local man was stabbed by one of Mr. Aryanto's friends. As a result, Mr. Aryanto was attacked and the local police had to intervene.
  355. 355 Finally concerning the case of the PT Tris Delata Agrindo, a company which employs 839 workers, the Government alleges that, on 29 August 1994, the SPSI was established as a trade union in the company and that on 16 January 1996 a CLA was signed. On 16 May 1996, workers of the company reported the establishment of a trade union affiliated to the SBSI. After a meeting held on 17 May 1996, between representatives of the employer, the SBSI, the SPSI and a number of workers of the company, it was agreed to have only one trade union at plant level. On 18 May, those who were involved in the establishment of the SBSI voluntarily agreed to resign as members of this trade union. Neither force nor pressure were exercised by the authorities or the employer. These workers are still working at the company.

D. The Committee's conclusions

1. 356. The Committee wishes to recall that this case addresses very serious allegations of continuous violations of trade union rights in Indonesia related to the denial of the workers' right to establish organizations of their own choosing, the persistent interference by government authorities, the military and employers in trade union activities, and the ongoing restrictions on collective bargaining and strike action. Furthermore, the Committee wishes to recall its deepest concern over the extreme seriousness of the allegations referring to murder, disappearance, arrest and detention of a number of trade union leaders and workers.
2. 357. The Committee recalls that, in addition to its two previous examinations of this case, it has already examined, in the course of the last years, two other cases against Indonesia raising allegations of the same serious nature (see 265th Report, Case No. 1431, paras. 104-137; 295th Report, Case No. 1756, paras. 398-429). The Committee also refers to the direct contact mission which took place in Indonesia in November 1993, to the extensive discussion in the Conference Committee on the Application of Standards in 1994 and 1995 and to the numerous relevant comments of the Committee of Experts on the Application of Conventions and Recommendations.
3. 358. In these circumstances, the Committee cannot but deeply deplore that it appears that virtually no remedial action was taken by the Indonesian authorities. On the contrary, the seriousness of the renewed allegations leads it to believe that the general situation of workers in Indonesia has not evolved but is still characterized by serious and worsening infringements of basic human and trade union rights and violations of freedom of association principles in law and in practice, including, inter alia, arrest, imprisonment and harassment of workers and trade union leaders.
4. 359. The Committee notes also with deep concern that the Government has not provided information on serious allegations of anti-union measures directed against, inter alia, the Serikat Buruh Sejahtersa (SBSI), its Chairman, Mr. Muchtar Pakpahan and other SBSI officers.
5. 360. Turning to the first matter of concern raised by the Committee in its previous interim examinations of the case and which regards the legislative impediments preventing workers from establishing organizations of their own choosing (see 302nd Report, paragraph 479(a)(c)), the Committee deplores that, except for the number of independent trade unions established at the company level reported by the Government, it does not provide any further information in this respect.
6. 361. The Committee feels therefore bound to recall its opinion according to which the Indonesian trade union registration system at the national level comprises requirements that are so stringent as to constitute a major limitation to freedom of association since very few trade unions can see their establishment legally recognized (for instance, the regulation provided that a labour union can be registered if it has at least 100 units (work centres) at plant level, 25 organizations at the district level and five organizations at the provincial level, or, alternatively 10,000 members throughout Indonesia). The Committee recalls that these legal impediments negate the right of workers to establish organizations of their own choosing and are, therefore, in clear violation of one of the most basic principles of freedom of association.
7. 362. Furthermore, the Committee wishes to recall that the legal requirement according to which an Indonesian trade union is obliged to obtain the recommendation of the Serikat Pekerja Seluruh Indonesia (SPSI) in order to be legally recognized constitutes an obstacle to the free establishment of organizations and is, therefore, contrary to freedom of association. The Committee once again urges the Government to eliminate such impediments (such as section 2(c) of Ministerial Regulation No. Per-03/Men/1993) so as to ensure that the right of workers to organize is fully recognized in law and in practice and to keep it informed in this respect.
8. 363. With regard to the specific case of the SBSI, the Committee deplores that the Government has not specified the measures taken in order for this trade union to be legally registered nor has it indicated how many first level organizations are affiliated to the SBSI. The Committee understands that the SBSI still meets all the requirements for registration except for the recommendation of the SPSI. The Committee therefore insists once again on the fact that any government's position favouring a specific organization, through law or practice, constitutes an act of anti-union discrimination and is contrary to principles of freedom of association. The Committee therefore urges again the Government to take all the necessary measures to ensure that the SBSI be registered without delay and to keep it informed in this respect.
9. 364. With regard to Mr. Ariesha's imprisonment (302nd Report, paragraph 479(d)), to Mr. Mulyono's inquiry (302nd Report, paragraph 479(e)) as well as to the alleged acts of anti-union discrimination against workers of the Southern Cross Textile company found to be members of the SBSI (302nd Report, paragraph 479(f)), the Committee regrets that the Government simply repeats information already provided. The Committee recalls that Mr. Ariesha was imprisoned following the April 1994 events in Medan and that Mr. Mulyono was dismissed on vague grounds also more than two years ago. The Committee therefore urges the Government: (a) to take without delay the necessary measures for Mr. Ariesha's immediate release if it appears that he is detained for activities connected with the legitimate exercise of trade union rights; and (b) to initiate an independent inquiry in order to clearly establish the reasons of Mr. Mulyono's dismissal and, if it appears that he was dismissed for legitimate trade union activities, to take all the necessary measures to grant him the option of being reinstated in his post without delay. The Committee requests the Government to keep it informed in this respect. Finally, concerning the Southern Cross Textile Company, the Committee recalls that the company memo according to which action would be taken against any worker in the company found to be a member of the SBSI or openly or covertly organizing for the SBSI was circulated four years ago (23 November 1992). The Committee once again feels obliged to recall that Convention No. 98, ratified by Indonesia, provides that particular protection must be given to workers against dismissal or other prejudices by reason of union membership. The Committee therefore urges the Government to provide information without delay on the allegation of acts of anti-union discrimination against any workers of the Southern Cross Textile Company found to be members of the SBSI and to keep it informed in this respect.
10. 365. The Committee takes note of the information provided by the Government with regard to the workers and trade union leaders allegedly arrested, detained or convicted in connection with the April 1994 events in Medan. The Committee notes that, except for the cases of Messrs. Mahammad Ali, 19 (PT Peridoni) and Mulyadi, 24 (PT Ganda Seribu) for whom the Government has not provided any information, all the workers and trade union leaders were convicted for inciting workers to riot and were sentenced to three to six months of imprisonment. While taking note that they seem to have all completed their punishment, the Committee wishes to recall that allegations of criminal conduct should not be used to harass trade unionists by reason of their membership or activities and that the sentencing of trade unionists to long periods of imprisonment, very often on "disturbance of public order" or similar general grounds, makes it possible to repress activities of a trade union nature (see Digest, 4th edition, paras. 43 and 64). In addition, the Committee deplores that the Government does not provide information on Messrs. Icang's and Suryandi's trials whose arrests were allegedly related to the spring 1994 events in Medan. They were accused of having illegally gathered people without the appropriate permit. The Committee urges the Government to provide without delay information on: (i) the outcome of Messrs. Icang's and Suryandi's trials; and (ii) Messrs. Mahammad Ali, 19 (PT Peridoni) and Mulyadi, 24 (PT Ganda Seribu) who were allegedly detained in connection with the April 1994 events in Medan. The Committee requests the Government to keep it informed in this regard.
11. 366. While taking note with regret that the circumstances of Mrs. Marsinah's death have not been clarified, the Committee wishes to recall that the absence of judgement against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights (Digest, 4th edition, para. 55). The Committee once again requests the Government to keep it informed of the results of the police investigation with regard to Mrs. Marsinah's homicide and to take the necessary measures to bring the perpetrators to justice.
12. 367. With regard to the alleged infringements of freedom of association reported by the SBSI in its communication dated 11 June 1996, the Committee notes the great discrepancies between the complainant's and the Government's versions. On the one hand, the complainant alleges serious anti-union measures including harassment, physical violence and arrest. On the other hand, the Government affirms that, inter alia, most of these events were peacefully settled and that, while recognizing that arrests occurred, they were justified by pending criminal charges. In order to pronounce itself on the matter in full knowledge of all the facts, the Committee therefore requests the complainants to provide complementary information on: (i) the physical violence against Messrs. Aryanto and Rozali; (ii) the grounds justifying Mr. Asipto Parangun-Agin's arrest; (iii) the content of the pamphlet distributed by Mr. Farid Mu'adz on the right to strike; (iv) the acts of anti-union discrimination against seven workers of the PT Tris Delata Agindo who were allegedly forced to withdraw their SBSI membership; and (v) the acts of vandalism against the SBSI sign for Medan and Binjai Branches.
13. 368. With regard to the specific situation of the Chairman of the SBSI, who was arrested on 30 July 1996, the Committee is gravely concerned by the serious and persistent nature of these allegations. Recalling that the Supreme Court in December 1995 overturned a lower court sentence against Mr. Pakpahan on the charge of inciting mass labour unrest in Medan in April 1994, the Committee understands that on 2 August 1996, Mr. Pakpahan was charged with subversion in connection with riots which occurred in July 1996 in Jakarta. The Committee was also informed that Indonesian authorities extended Mr. Pakpahan's warrant of arrest allowing officials to hold him at least until 28 September 1996. The Committee must express its deepest concern since such a subversion charge carries a maximum penalty of death. Furthermore, the Committee notes with concern that the subversion charge that has recently been brought against Mr. Pakpahan relates to the same type of activity for which he was previously imprisoned, tried and finally released without any requirement by the Supreme Court in September 1995. The Committee believes that there exists a strong presumption, which the Government has not reversed, to the effect that under the cover of allegations of subversive activities, the charges brought against and the measures taken against Mr. Pakpahan are linked to his trade union activities. In addition, the Committee notes with concern that even though Mr. Pakpahan has not yet been tried by a court with all the safeguards of a normal judicial procedure, the Government already considers that he has committed criminal offences. The Committee stresses the importance which should be attached to the principle that any trade unionist who is arrested should be presumed innocent until proven guilty after a public trial during which he or she enjoys all the guarantees necessary for his or her defence. The Committee therefore urges the Government to take without delay the necessary measures for Mr. Pakpahan's release, to drop the criminal charges related to the July 1996 events in Jakarta and to ensure that Mr. Pakpahan can exercise freely his legitimate trade union activities. The Committee requests the Government to keep it informed in this respect.
14. 369. Furthermore, the Committee also deplores that the Government has not provided information with regard to the alleged anti-union measures against SBSI officers following the July 1996 events, including arrest, detention and interrogation by the police or the military. While persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of the ordinary criminal law, the Committee wishes to recall, in cases involving the arrest, detention or sentencing of trade union officials, that individuals have the right to be presumed innocent until found guilty. In the present case, the Government has failed to show that the measures it had taken were in no way occasioned by trade union activities of the individuals concerned. The Committee must therefore insist on the fact that the harassment, arrest or detention of trade union leaders for activities connected with the exercise of trade union rights are contrary to the principles of freedom of association. It urges the Government to provide information on: (i) nine officers of the SBSI's Riau Branch detained in early August 1996 and if it appears that they are still under custody to take the necessary measures for their immediate release; (ii) Messrs. Rekson Silaban, Director research, Santosa, region coordinator, Mehbob, staff member of the Legal Aid Institution, all SBSI officers who were interrogated and charged to have been masterminds behind the events of July 1996 and to take the necessary measures to have the charges dropped without delay; and (iii) all anti-union measures against SBSI members and officers following the July 1996 events, including the arrest, interrogation and charges brought against them. The Committee request the Government to keep it informed.
15. 370. The Committee draws the attention of the Committee of Experts on the legislative aspects of this case in relation with the application of Convention No. 98.

The Committee's recommendations

• E. The Committee's recommendations
  371. 371 In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
       • (a) Recalling that Indonesian legislation comprises requirements that are so stringent as to constitute a major limitation to freedom of association, the Committee once again urges the Government to eliminate such impediments (such as section 2(c) of Ministerial Regulation No. Per-03/Men/1993) so as to ensure that the right of workers to organize is fully recognized in law and in practice and to keep it informed in this respect.
       • (b) With regard to the specific case of the SBSI, the Committee urges again the Government to take all the necessary measures to ensure that it be registered without delay and to keep it informed in this respect.
       • (c) The Committee urges the Government: (i) to take without delay the necessary measures for Mr. Ariesha's immediate release if it appears that he is detained for activities connected with the legitimate exercise of trade union rights; and (ii) to initiate an independent inquiry in order to clearly establish the reasons for Mr. Mulyono's dismissal and if it appears that he was dismissed for legitimate trade union activities to take all the necessary measures to grant him the option of being reinstated in his post without delay. The Committee requests the Government to keep it informed in this respect.
       • (d) The Committee urges the Government to provide information without delay on the allegation of acts of anti-union discrimination against any workers of the Southern Cross Textile Company found to be members of the SBSI and to keep it informed in this respect.
       • (e) The Committee urges the Government to provide without delay information on: (i) the outcome of Messrs. Icang's and Suryandi's trials; and (ii) Messrs. Mahammad Ali, 19 (PT Peridoni) and Mulyadi, 24 (PT Ganda Seribu) who were allegedly detained in connection with the April 1994 events in Medan. The Committee requests the Government to keep it informed in this regard.
       • (f) The Committee once again requests the Government to keep it informed of the results of the police investigation with regard to Mrs. Marsinah's homicide and to take the necessary measures to bring the perpetrators to justice.
       • (g) In order to pronounce itself on the matter in full knowledge of all the facts, the Committee requests the complainants' to provide complementary information on: (i) the physical violence against Messrs. Aryanto and Rozali; (ii) the grounds justifying Mr. Asipto Parangun-Agin's arrest; (iii) the content of the pamphlet distributed by Mr. Farid Mu'adz on the right to strike; (iv) the acts of anti-union discrimination against seven workers of the PT Tris Delata Agindo who were allegedly forced to withdraw their SBSI membership; and (v) the acts of vandalism against the SBSI sign for the Medan and Binjai branches.
       • (h) Believing that there exists a strong presumption, which the Government has not reversed, to the effect that under the cover of allegations of subversive activities, the charges brought against and the measures taken against Mr. Pakpahan are linked to his trade union activities, the Committee urges the Government to take without delay the necessary measures for Mr. Pakpahan's release, to drop the criminal charges related to the July 1996 events and to ensure that Mr. Pakpahan can exercise freely his legitimate trade union activities. The Committee requests the Government to keep it informed in this respect.
       • (i) Insisting on the fact that the harassment, arrest or detention of trade union leaders for activities connected with the exercise of trade union rights are contrary to the principles of freedom of association, the Committee urges the Government to provide information on: (i) nine officers of the SBSI's Riau Branch detained in early August 1996 and if it appears that they are still under custody to take the necessary measures for their immediate release; (ii) Messrs. Rekson Silaban, Director research, Santosa, region coordinator, Mehbob, staff member of the Legal Aid Institution, all SBSI officers who were interrogated and charged to have been masterminds behind the events of July 1996 and to take the necessary measures to have the charges dropped without delay; and (iii) all anti-union measures against SBSI members and officers following the July 1996 events, including the arrest, interrogation and charges brought against them. The Committee requests the Government to keep it informed.
       • (j) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case in relation with the application of Convention No. 98.

Z. Annex 1

1. 1. Mr. Nobel Samosir, 22 - worker at the PD. Romas. Sued for inciting workers
   • to riot (civil action). Sentenced to four months in jail. Has completed his
   • punishment.
2. 2. Ms. Nurlela Manalu, 24 - Worker at the PT Unibis. Sued for inciting workers
   • to riot (civil action). Sentenced to three months and 15 days in jail. Has
   • completed her punishment.
3. 3. Mr. Poniman, 20 - worker at PT Musi. Sued for inciting workers to riot
   • (civil action). Sentenced to four months in jail. Has completed his
   • punishment.
4. 4. Mr. Rianto, 25 - worker at PT Unibis. Sued for inciting workers to riot
   • (civil action). Sentenced to three months and 15 days in jail. Has completed
   • his punishment.
5. 5. Mr. Ridwan, 22 - worker at PT Unibis. Sued for inciting workers to riot
   • (civil action). Sentenced to four months in jail. Has completed his
   • punishment.
6. 6. Mr. Ridwan, 42 - worker at PT Goldon. Sued for inciting workers to riot
   • (civil action). Sentenced to three months in jail. Has completed his
   • punishment.
7. 7. Mr. Robert Sitompul, 21 - worker at PT Prindoni. Sued for inciting workers
   • to riot (civil action). Sentenced to four months in jail. Has completed his
   • punishment.
8. 8. Mr. Sudiaman Zega - worker at PT Lariza. Sued for inciting workers to riot
   • (civil action). Sentenced to five months in jail. Has completed his
   • punishment.
9. 9. Mr. Sugiono, 24 - worker at PT Perindoni. Sued for inciting workers to riot
   • (civil action). Sentenced to four months in jail. Has completed his
   • punishment.
10. 10. Mr. Suyatno, 23 - construction worker. Sued for inciting workers to riot
    • (civil action). Sentenced to four months in jail. Has completed his
    • punishment.
11. 11. Mr. Syahril, 28 - bus conductor. Sued for inciting workers to riot (civil
    • action). Sentenced to four months in jail. Has completed his punishment.
12. 12. Mr. Syamsudin Lubis, 22 - worker at PT Goldon. Sued for inciting workers
    • to riot (civil action). Sentenced to four months in jail. Has completed his
    • punishment.
13. 13. Mr. Syamsul Bahri, 18 - worker at Auto Shop. Sued for inciting workers to
    • riot (civil action). Sentenced to four months in jail. Has completed his
    • punishment.
14. 14. Mr. Tehnik Menalu, 21 - unemployed. Sued for inciting workers to riot
    • (civil action). Sentenced to four months in jail. Has completed his
    • punishment.
15. 15. Mr. Usahanta Ginting, 22 - worker at PT Ganda Seribu Utama. Sued for
    • inciting workers to riot (civil action). Sentenced to four months in jail. Has
    • completed his punishment.
16. 16. Mr. Zulkifil Sipahutar, 30 - worker at PT Growth Asia. Sued for inciting
    • workers to riot (civil action). Has completed his punishment.
17. 17. Mr. Arifin, 18 - Worker at PT Ganda Seribu Utama. Sued for inciting
    • workers to riot (civil action). Sentenced to four months in jail. Has
    • completed his punishment.
18. 18. Mr. Arozidu Zega - worker at PT Lariza. Sued for inciting workers to riot
    • (civil action). Has completed his punishment.
19. 19. Mr. Budiman Sahri - worker at PT Peridoni. Sued for inciting workers to
    • riot (civil action). Sentenced to four months in jail. Has completed his
    • punishment.
20. 20. Mr. Effendi Tarigan - worker at PT Growth Sumatra. Sued for inciting
    • workers to riot (civil action). Sentenced to four months in jail. Has
    • completed his punishment.
21. 21. Ms. Hanafiah, 21 - worker at PT Ganda Seribu Utama. Sued for inciting
    • workers to riot (civil action). Sentenced to four months in jail. Has
    • completed her punishment.
22. 22. Mr. Irawadi, 24 - worker at PT Growth Asia. Sued for inciting workers to
    • riot (civil action). Sentenced to six months in jail. Has completed his
    • punishment.
23. 23. Mr. Jafar Jiddik, 26 - worker at PT Iron. Sued for inciting workers to
    • riot (civil action). Sentenced to three months in jail. Has completed his
    • punishment.
24. 24. Mr. Jamian Marpaung, 36 - worker at PT Goldon. Sued for inciting workers
    • to riot (civil action). Sentenced to three months in jail. Has completed his
    • punishment.
25. 25. Mr. Juman, 17 - Worker at PT Industri Karet Deli. Sued for inciting
    • workers to riot (civil action). Sentenced to four months in jail. Has
    • completed his punishment.
26. 26. Mr. Marzuki Siregar, 29 - worker at PT Bintang emara Ind. Sued for
    • inciting workers to riot (civil action). Sentenced to three months and 21 days
    • in jail. Has completed his punishment.
27. 27. Mr. Ardin Zega, 25 - worker at PT Gunung Gahapi Sakti. Sued for inciting
    • workers to riot (civil action). Sentenced to six months in jail. Has completed
    • his punishment.
28. 28. Mr. Andan Parasibu, 26 - worker at PT Tjipta Rimba Djaja. Sued for
    • inciting workers to riot (civil action). Sentenced to four months in jail. Has
    • completed his punishment.