Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Indonesia (Ratification: 1998)

The Committee takes note of the information contained in the Government’s report. It further notes the entry into force of Act No. 13 of 2003 concerning manpower.

The Committee recalls that, in its previous comments, it had requested the Government to transmit its observations on the communication of the International Confederation of Free Trade Unions (ICFTU) of September 2002. The ICFTU has since sent additional comments concerning the application of the Convention in a communication dated 25 June 2003.

Practical application of freedom of association rights. The Committee notes that the ICFTU mentions that there is considerable anti-union sentiment and activity in Indonesia, which is shown by discrepancies between legislation and practice. The Committee takes note of the list of serious violations of freedom of association rights contained in the ICFTU’s report: the growing number of attacks against trade unionists conducted by paramilitary groups; the arrests and detentions of trade union organizers for strike activity; the acts of violence against trade unionists during arrests and/or detention; and the harassment of union activists. Recalling that the guarantees set out in the international labour Conventions, in particular those relating to freedom of association, can only be effective if the civil and political rights enshrined in the Universal Declaration of Human Rights and other international instruments are genuinely recognized and protected (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 43), the Committee requests the Government to transmit its observations on the ICFTU’s comments in this respect and to indicate any measures taken to ensure that trade unions can exercise their activities in a climate free of threats and intimidation of any kind.

In this respect, the Committee takes note of the steps taken by the Government, in particular the draft guidelines of the Ministry of Manpower and Transmigration and the Indonesian National Police in order to provide instructions on the role and conduct of police officers in relation to strikes, lockouts and labour disputes in general. It requests the Government to keep it informed of developments in this regard.

The Committee is also addressing a request directly to the Government.