Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Abolition of Forced Labour Convention, 1957 (No. 105) - Indonesia (Ratification: 1999)

The Committee has taken note of the Government’s report and of the legislative texts communicated in annexes. However, it repeats its request for copies of laws governing the press and other media, political parties and labour discipline in merchant shipping. The Committee also hopes that the Government will supply a copy of the latest updated and consolidated text of the Criminal Code, as soon as it is finalized.

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. 1. The Committee previously noted that sentences of imprisonment (which involve compulsory prison labour under sections 14 and 19 of the Criminal Code and sections 57(1) and 59(2) of the Prisons Regulations) may be imposed under sections 107(a), 107(d) and 107(e) of the Law concerning the amendment to the Criminal Code in relation to Crime against State’s Security (No. 27/1999), on any person who disseminates or develops the teachings of Communism/Marxism-Leninism orally, in writing or through any media, or establishes an organization based on such teachings, or establishes relations with such an organizations, with a view to replacing Pancasila as the State’s foundation.

The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It referred in this connection to paragraphs 133-140 of its General Survey of 1979 on the abolition of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

Since the Government’s report contains no information concerning this issue, the Committee reiterates its hope that the necessary measures will be taken to bring sections 107(a), 107(d) and 107(e) of Law No. 27/1999, referred to above, into conformity with the Convention. It requests the Government to provide, in its next report, information on the measures taken or contemplated in this regard.

2. The Committee previously noted that the Law on the freedom of expression in public (No. 9/1998) imposes certain restrictions on the expression of ideas in public during public gatherings, demonstrations, parades etc., such restrictions being enforceable with criminal sanctions (sections 15, 16 and 17 of the Law). The Committee requested the Government to indicate these sanctions, supplying copies of relevant texts, and to provide information on the application of the above Law in practice, including copies of court decisions defining or illustrating its scope, so as to enable the Committee to assess its conformity with the Convention. In the absence of the Government’s reply, the Committee expresses the hope that the Government will not fail to supply the information requested in its next report.

3. The Committee has noted the Government’s indication in its report that Presidential Decree No. 11 of 1963 on the eradication of subversive activities, which contained provisions punishing, inter alia, the distortion, undermining or deviating from the ideology of Pancasila State or the broad policy lines of the State, is no longer in force. The Committee requests the Government to indicate, in its next report, whether this Decree has been formally repealed and, if so, to supply a copy of the repealing text.

Article 1(d). Sanctions involving compulsory labour as a punishment for participation in strikes. The Committee has noted that, under section 139 of the Manpower Act (No. 13 of 2003), read in conjunction with section 185 of the same Act, restrictions on the right to strike in enterprises that serve the public interest are enforceable with sanctions of imprisonment for a term of up to four years (which involves compulsory prison labour). The Committee recalls, referring to paragraphs 122 and 123 of its General Survey of 1979 on the abolition of forced labour, that, in order to be compatible with the Convention, restrictions on the right to strike enforced with sanctions involving compulsory labour must be limited in scope to the situations of force majeure or to essential services in the strict sense of the term (namely, those whose interruption would endanger the life, personal safety or health of the whole or part of the population). The Committee observes that certain kinds of services listed in the explanatory notes to section 139 of the Manpower Act (such as the railway service) do not meet these criteria. Referring also to its comments made under Convention No. 87, likewise ratified by Indonesia, particularly as regards the need to repeal certain restrictions on the right to strike and to amend provisions imposing disproportionate penal sanctions, the Committee hopes that measures will be taken to amend the above provisions of the Manpower Act so as to limit their scope to essential services in the strict sense of the term, as explained above, and to ensure that no sanctions involving an obligation to work can be imposed for participation in strikes in other services. Pending the amendment, the Committee requests the Government to supply information on the application of sections 139 and 185 in practice, including copies of the relevant court decisions defining or illustrating their scope and indicating the penalties imposed.