Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Indonésie (Ratification: 1950)

Previous comment

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (a) National action plan; prosecution. The Committee previously requested the Government to strengthen law enforcement action regarding trafficking in persons cases. It notes the Government’s indication in its report that the handling of cases related to the illegal placement of migrant workers abroad is conducted under Act No. 21 of 2007 on Trafficking in Persons, in conjunction with Act No. 18 of 2017 on the Protection of Indonesian Migrant Workers, which provides for maximum penalties for punishment of officials involved. The Government indicates that between 2017 and 2021, the National Police handled 402 trafficking in persons cases throughout Indonesia and that no cases involving government officials were reported. The Committee also notes that the Ministry of Women Empowerment and Child Protection (MoWECP) provided training on trafficking for 140 law enforcement and human resources officials from 34 provinces in Indonesia in 2021. Moreover, the National Police Education and Training Institute organized special training every year, for investigators at the central and regional levels, to enhance their capacity in the handling of trafficking in persons cases. It further notes that currently the Anti-trafficking in Persons Task Force has been established in 32 provinces and 245 districts/cities with separate specialized Sub-Task Force for prevention and handling of trafficking in persons cases; law enforcement; coordination and cooperation; social and health rehabilitation, repatriation and social reintegration; and legal norm development.

The Committee also notes from the Government’s report of September 2022 to the United Nations Human Rights Council that several achievements have been made through the Bali Process Working Group on Trafficking in Persons, such as the publication of three Policy Guides pertaining to Criminalizing Trafficking in Persons, Identifying and Protecting Victims of Trafficking in Persons, and Following the Money on Trafficking in Persons cases. According to this report, the Government is in the process of drafting the National Action Plan on Combating Trafficking in Persons (A/HRC/WG.6/41/IDN/1). The Committee further notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that according to the data on trafficking in persons compiled by the Online Information System for the Protection of Women and Children in June 2022, the number of trafficking in persons cases has increased steadily and considerably. There were 226 cases in 2019, 422 cases in 2020; and 683 cases in 2021 with majority of victims being women.

The Committee requests the Government to strengthen its efforts to combat trafficking in persons and provide detailed information on the activities undertaken to this end, in particular by the Anti-Trafficking Task Force. The Committee hopes that the Government will take the necessary measures for the effective implementation of the National Action Plan on Combating Trafficking in Persons and requests it to provide a copy of the Plan as well as information on any assessment undertaken in this regard. It also requests the Government to continue to strengthen the capacity of law enforcement bodies to ensure proper identification and investigation of cases of trafficking so that perpetrators can be prosecuted and dissuasive penalties can be imposed on them. The Committee further requests the Government to indicate the number of investigations, prosecutions and convictions, as well as the specific penalties imposed under Law No. 21/2007.

(b) Protection of victims. The Committee notes the Government’s information that the MoWECP issued the Women Empowerment and Child Protection Ministerial Regulation No. 8 of 2021 concerning the Standard Operating Procedure for Integrated Services for Witnesses and/or Victims of trafficking. The scope of this regulation includes complaints mechanism, health rehabilitation, legal assistance, social rehabilitation, repatriation and social reintegration. The Government indicates that from 2015 to 2019, the Sub-Task Force for the Social Rehabilitation, Repatriation and Social Reintegration repatriated and rehabilitated 1,975 victims of trafficking from abroad; provided social assistance to 3,710 Indonesian migrant victims of trafficking; and provided protection for 1,165 witnesses of trafficking. The Trauma Center Protection House (RPTC) assisted and provided social rehabilitation for 2,437 victims of trafficking from 2017 to 2020. Moreover, between 2017 and 2018, 350 victims of trafficking received assistance for Productive Economic Businesses, and 2,570 victims of trafficking received the Social Reintegration Social Guidance Programme in 2020. Currently, 16 RPTCs owned by local governments and 31 Technical Service Units located in 18 provinces which provide social rehabilitation services for victims of trafficking are operating in the country. The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of November 2021 expressed concern at the absence of a standardized early identification and referral system, remedies and reintegration assistance for trafficking victims as well as the lack of understanding among police and other law enforcement officers about gender-sensitive procedures for dealing with victims of trafficking (CEDAW/C/IDN/CO/8).

The Committee requests the Government to continue taking measures to provide appropriate protection and assistance to victims of trafficking, including measures to ensure early identification and referral of women and girls who are victims of trafficking as well as gender-sensitive procedures when providing assistance to such victims. It requests the Government to indicate the measures taken in this regard, in particular pursuant to the Ministerial Regulation No. 8 of 2021 concerning the Standard Operating Procedure for Integrated Services for Witnesses and/or Victims of trafficking. The Committee further requests the Government to continue to provide information on the number of victims of trafficking who are benefiting from the services of the Sub-Task Force, the Trauma Center Protection House, Productive Economic Businessesand theSocial Reintegration Social Guidance Programme.

2. Vulnerable situation of migrant workers and risk of forced labour. (a) Law enforcement. The Committee previously noted Act No. 18 of 2017 concerning the protection of Indonesian migrant workers, which provides for heavier punishment for non-respect of procedural requirements regarding the placement of Indonesian migrant workers. The Committee also noted that undocumented migrants working in Indonesia are frequently subjected to labour and sexual exploitation, including forced labour, particularly in the fisheries, construction, agriculture, mining, manufacturing, tourism and domestic work sectors.

The Committee notes the Government’s information that it continues to strengthen the protection of Indonesian migrant workers from forced labour conditions and the prevention of such practices and has taken the following measures in this regard: (i) launching of the Training of Trainers programme for regional government institutions that deal with women migrant workers, as well as Mental Strengthening Training for Indonesian migrant women workers; (ii) establishment of the Indonesian Migrant Workers Family Development (BK-PMI) in 14 provinces, 67 districts/cities, 95 sub-districts, and 104 villages/sub-districts, as well as 117 working groups to assist the Indonesian migrant workers and their families; and (iii) establishment of the Indonesia Migrant Workers Protection Board (BP2MI) which provides pre-departure briefing on the duties and obligations of the Indonesian migrant workers under the employment agreement. The BP2MI signed cooperation agreements with more than 80 local governments, aimed at synergizing efforts in eradicating the illegal placement of migrant workers. Moreover, the Ministry of Manpower undertook the following measures to prevent the placement of Indonesian migrant workers outside appropriate procedures : (i) socialization on the placement and protection of Indonesian migrant workers through online and offline media; (ii) encouraging and providing assistance in the establishment of the One-Stop Integrated Services; (iii) establishment and strengthening of the Task Forces for Protection of Indonesian Migrant Workers both at the center and in regions located at 25 embarkation/debarkation locations/areas of origin of Indonesian migrant workers; (iv) establishment of productive migrant villages which provide capacity-building, financial literacy training and entrepreneurship workshops for returned migrant workers; and (v) conclusion of multi-stakeholder ️ cooperation ️ in the Safe ️ and ️ Fair ️ migration programme ️ with the ILO, UN-Women and several NGOs. The Committee further notes the Government’s information that in 2021 and 2022, a total of 21 Indonesian migrant workers placement companies were sentenced to temporary suspension of activities pursuant to Act No. 18 of 2017 and Government Regulation No. 59 of 2021 concerning the implementation of protection of Indonesian migrant workers. Furthermore, information from the ILO indicates that the Ministry of Manpower, jointly with the ILOUN-Women Safe and Fair programme has piloted and developed the GenderResponsive Migrant Worker Resources Center and the OneRoof Integrated Services in four districts known as the origin districts of Indonesian migrant workers so as to improve the protection of women migrant workers and their families at every stage of migration, from their hometown to returning. The Committee encourages the Government to continue its efforts to protect migrant workers from abusive practices and ensure that they are not placed in a position of accrued vulnerability to forced labour, including through the implementation of the various measures initiated by the Government and the Indonesia Migrant Workers Protection Board for the protection of migrant workers as well as within the framework of the Safe and Fair programme. It further requests the Government to indicate the results achieved in this respect. The Committee also requests the Government to continue to take the necessary measures to ensure the effective application of Act No. 18 of 2017 and Regulation No. 59 of 2021, and to provide information on the number of violations detected and the specific penalties imposed.

(b) International cooperation. Following its previous comments, the Committee notes the Government’s information that Indonesia signed a memorandum of understanding with Malaysia on the placement and protection of Indonesian migrant workers in the domestic sector in April 2022. According to the memorandum of understanding, the Government of Indonesia shall comply with the requirement that persons selected for work in the domestic sector: (i) are between 21 and 45 years of age; (ii) have sufficient knowledge of the law, culture and social practice in Malaysia; (iii) have the ability to communicate in Bahasa Malaysia; (iv) comply with Malaysian immigration procedures; (v) have competency certification and meet the health requirements for work in the domestic sector; and (vi) are registered in the social security programme in Indonesia. The Government also indicates that the BP2MI is making efforts to expand similar cooperation to other targeted destination countries with a focus on the placement of professional and skilled workers. The Committee requests the Government to continue providing information on its international cooperation efforts undertaken to protect and support migrant workers in transit and destination countries. It also requests the Government to provide information on the implementation of the memorandum of understanding with Malaysia and the results achieved in terms of enhancing the protection of migrant workers in the domestic sector.