Rapport définitif - Rapport No. 122, 1971

Cas no 537 (Indonésie) - Date de la plainte: 21-SEPT.-67 - Clos

1. 44. The Committee previously examined this case at sessions held in May 1968, February 1969 and November 1969; the conclusions it reached on each of these occasions are to be found in paragraphs 289 to 301 of its 105th Report, paragraphs 147 to 158 of its 110th Report and paragraphs 114 to 123 of its 114th Report respectively.
2. 45. Indonesia has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 46. Apart from a number of general allegations concerning measures of repression taken against trade unions, on which the Committee presented its definitive conclusions at its session in May 1968, the complaint was more specifically concerned with the arrest and sentencing of two trade union leaders, Messrs. Sudarno Heru and Njono.
2. 47. It was alleged that in pursuance of its policy of repression of trade unions, the Government had arrested 55,000 persons. Particular reference was made to the arrest and sentencing to death of Mr. Njono, former President of the Indonesian trade union organisation SOBSI and former Vice-President of the World Federation of Trade Unions, and to the unknown fate of Mr. Sudarno Heru, a member of the Administrative Committee of the International of Workers of the Building, Wood and Building Materials Industries and a leader of the building workers in Indonesia. At its meeting of February 1969 the Committee noted that the Government had so far made no mention whatsoever in its communications of Mr. Heru, although in its communication of 13 January 1969 it had stated that " Njono and other leaders of SOBSI " had been found guilty of conspiracy to overthrow the legal Government by force and had been sentenced to death and other penalties according to their involvement and role in the coup d'état. This communication arrived after Mr. Njono had been executed.
3. 48. Consequently, the Committee recommended the Governing Body in paragraph 158 of its 110th Report firstly to deplore the delay of the Government of Indonesia in forwarding its observations relating to Mr. Njono, doing so only in general terms after the death sentence had been carried out and thereby preventing the Committee from presenting its conclusions on the allegations before the carrying out of the sentence; and secondly, to deplore the fact that the Government had still made no mention of Mr. Sudarno Heru, and to request it once again to supply, as a matter of the utmost urgency, full information relating to Mr. Sudarno Heru, such as the specific charge brought against him, the judgment and sentence in his case, and the effect given to the sentence.
4. 49. These recommendations were transmitted to the Government in a letter of 10 March 1969. In a communication of 9 September 1969 the Government pointed out that it had thus far no information on the whereabouts of Mr. Heru or on the charges brought against him and that it would not fail to supply such information as soon as it became available.
5. 50. When the case came before the Committee at its session in November 1969 the Committee felt bound to express its serious concern at the fact that, despite the lapse of time since the presentation of the complaint, it had so far not obtained any information enabling it to determine whether or not a person whose trade union offices had clearly been described by the complainants had been arrested or sentenced. The Committee's concern was all the greater as, in the case of the other person mentioned in the complaint (Mr. Njono) it had-in the absence of the information which the Government had been urgently requested to supply-been unable to present its conclusions before the sentence on Mr. Njono had been carried out.
6. 51. The Committee further expressed the hope that in order to enable it to arrive at definitive conclusions regarding the question raised by the allegations under examination, i.e. the alleged relationship between Mr. Heru's disappearance and his trade union offices, the Government would make further efforts to clear this matter up and inform the Governing Body without delay of the results of its investigations. The Committee also deemed it desirable to ask the complainants for any further information which they might have concerning the case of Mr. Heru.
7. 52. These requests for information were transmitted to the Government and the complainants on 4 December 1969. The Government sent its observations in a communication dated 22 January 1971. The complainants have not replied to the request.
8. 53. In its letter the Government rejects the allegation that it had violated the internationally accepted principles governing the exercise of trade union rights and states that although it has not ratified Convention No. 87, it fully upholds the right to organise in practice as evidenced by the establishment and existence of trade unions in Indonesia. With regard to the fate of Mr. Sudarno Heru, the Government declares that it has not yet been able to trace his whereabouts. The Government states that it is known that as a result of the disturbances which followed the abortive coup d'état many thousands of people were killed or are missing. The Government further indicates that although it has made serious efforts to obtain more precise information as regards the names of the victims, it has been considerably hampered by the lack of necessary data. Nevertheless, the Government adds, it shall not fail to communicate any information regarding Mr. Sudarno Heru as soon as it becomes available.

The Committee's recommendations

1. 54. In view of these circumstances and in the absence of any additional information from the complainants, the Committee finds itself unable to formulate its conclusions on the merits of the allegations and recommends the Governing Body to ask the Government to keep it informed of any developments relating to the fate of Mr. Sudarno Heru.