Solicitud directa (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre la consulta tripartita (normas internacionales del trabajo), 1976 (núm. 144) - Indonesia (Ratificación : 1990)

The Committee notes the observations of the International Trade Union Confederation (ITUC) and the Government’s response thereto, received on 6 September and 2 December 2021, respectively.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government regarding the procedures followed to ensure effective tripartite consultations for the purposes of the Convention. In this respect, the Government refers to the Tripartite Cooperation Institution (TCI), a tripartite body responsible for providing advisory support to the Government with respect to employment issues. The Government adds that the TCI holds plenary sessions several times per year. The Committee notes the information provided by the Government on the content of the tripartite consultations carried out between 2018 and 2021 within the TCI. Tripartite consultations were held with regard to the annual preparation of reports under article 22 of the ILO Constitution on ratified Conventions and reports under article 19 of the ILO Constitution concerning unratified Conventions and Recommendations to which effect has not yet been given. In addition, tripartite consultations were held on the working methods of the TCI and matters related to national employment, including on the draft Bill on the Protection of Domestic Workers and measures implemented to address the impact of the COVID-19 pandemic on employment. The Committee nevertheless observes that information has not been provided on tripartite consultations held regarding questionnaires on items on the agenda of the Conference, the proposals to be made in connection with the submission of the instruments adopted by the Conference to the House of People’s Representatives, and the re-examination of unratified ILO Conventions, as well as proposals for the denunciation of ratified Conventions. Finally, the Committee notes the observations of the ITUC, which denounces that workers’ organizations were not consulted with regard to the adoption of the Job Creation Law No. 11 of 2020 (Omnibus Law). The ITUC points out that the taskforce established to develop the Omnibus Law only included Government’s and employers’ representatives. It claims that the formulation and adoption of the Omnibus Law therefore contravenes the Convention and impairs the right of workers to freedom of association and the right to organize and bargain collectively. In its response, the Government indicates that the Omnibus Law does not contravene the Convention, as it does not modify Chapter XI of Law No. 13 of 2003 concerning Manpower, which regulates industrial relations, including the right of workers to form trade unions and to participate in the TCI. The Committee recalls that, while the Convention requires effective tripartite consultations on matters related to international labour standards as stipulated in Article 5(1), broader tripartite consultation and social dialogue provide a solid foundation for the formulation and implementation of effective measures through a process in which the tripartite constituents may exchange views. The Committee further recalls that the active engagement and meaningful participation in decision-making of the social partners (…) can help to build a climate of trust and ensure the development, adoption, implementation and review of measures that are both evidence- and consensus-based and promote increased ownership among the tripartite partners (Addendum to the 2020 General Survey on employment, p. 151). The Committee requests the Government to continue providing information on the content and outcome of tripartite consultations held on all matters covered by Article 5(1) of the Convention, including the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the proposals to be made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).