Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Indonesia (Ratification: 1999)

The Committee notes the observations submitted by the Indonesian Union of Plantation Workers (SERBUNDO) and transmitted to the Government on 21 November 2024. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 3 of the Convention. National equality policy with respect to race, colour and national extraction. Implementation and results achieved. Referring to its previous comments, the Committee recalls that Regulation of the Ministry of Manpower and Transmigration No. PER-16/XI/2011 provides for a mechanism for government authorities to examine compliance with labour legislation when approving company regulations and collective labour agreements. In this regard, it notes the Government’s indication, in its report, that cases of company regulations and collective labour agreements that violate Articles 5 and 6 of the Manpower Law concerning discrimination are almost non-existent and in the event of violation, the actors concerned are asked to rectify the documents. Regarding the application of Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination in employment and occupation, the Government does not provide information. The Committee emphasizes the importance of regular monitoring and periodic evaluations of the measures taken to promote equality of opportunity and treatment irrespective of race, colour and national extraction in accordance with the Convention. It also recalls that data and qualitative research on the nature and extent of labour inequalities, including the underlying causes, are crucial to determine the nature, extent and causes of discrimination, design and implement a relevant and effective national equality policy under Articles 2 and 3 of the Convention, and monitor and evaluate its results. In this regard, the Committee refers the Government to its 2018 general observation on discrimination based on race, colour and national extraction. 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, as well as addressing unsecure land tenure and biased approaches towards the traditional occupations engaged in by certain ethnic groups. 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, and remedies. However, the Committee notes with regret the reiterated absence of information by the Government regarding the application of Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination in employment and occupation as well as of any other relevant information that would allow the Committee to assess the progress made by the Government in implementing its obligation under the Convention to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation irrespective of race, colour and national extraction, in particular for the various ethnic groups in the country, including indigenous peoples (adat/customary law communities, or masyarakat hukum adat). In view of the above, the Committee asks the Government to undertake an assessment, in collaboration with the social partners and interested groups, of the measures adopted so far to promote equality of opportunity and treatment irrespective of race, colour and national extraction in employment and occupation, including the measures adopted under Law No. 40 of 2008, and to provide information on the results achieved, the obstacles and gaps identified and any follow-up action envisaged and implemented. The Committee also requests that the Government 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 discrimination in employment and occupation based on the grounds of race, colour and/or national extraction, and the remedies granted.

The Committee is raising other matters in a request addressed directly to the Government.