Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Article 1 of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the Government’s explanation that protection against sexual harassment in employment and training is covered under Chapter XIV of the Criminal Code on crimes against decency which, inter alia, penalizes the dissemination of writings, portraits or objects offensive against decency (sections 282-283), rape (section 285) and the use of force or threat of force to commit or tolerate obscene acts (section 289). The Committee considers, however, that these provisions are unlikely to be sufficient to provide adequate protection against all forms of sexual harassment in the workplace, as outlined in its 2002 general observation. However, it also notes that the newly adopted Equal Employment Opportunity (EEO) Guidelines (2005) for the private sector provide a more comprehensive definition of sexual harassment at work, and set out measures to be taken by employers. In light of the above, the Committee encourages the Government to revise or adopt legislation with a view to explicitly defining and prohibiting sexual harassment at work, and providing adequate protection to victims of such practices. Please also provide information on the measures taken or envisaged, in cooperation with the social partners, to implement the EEO Guidelines on sexual harassment, and the results achieved.

2. Discrimination on the ground of religion. With reference to its previous comments, the Committee notes the Government’s explanation that the special allowances before religious holidays (Regulation No. PER-04/MEN/1994) are only granted to workers of Islamic, Christian, Hindu, Kong Hu Chu and Buddhist faith because the Government recognizes only these five religions. Recalling that the protection against discrimination based on religion as provided by Article 1(1)(a) of the Convention covers workers of all faiths, the Committee asks the Government whether consideration is being given to extending these special allowances to workers of other faiths.

3. Discrimination on the ground of political opinion. With respect to the prohibition of civil servants becoming or being members of a political party (section 18(1) of Regulation No. 98/2000 and section 2(2) of Regulation No. 37/2004), the Committee notes the Government’s statement that there is no information on the exact number of civil servants who have been dismissed from public service, as officials generally withdraw from their post in such circumstances. The Committee recalls that under the Convention, the protection against discrimination based on political opinion also extends to membership in political organizations or parties (see paragraph 57 of the 1988 General Survey on equality of opportunity and treatment). Although it may be admissible for the responsible authorities to bear in mind the political opinions of individuals in the case of certain higher level posts which are concerned directly with implementing government policy, it is not compatible with Article 1, paragraph 2, of the Convention for such conditions to be laid down generally for all civil service employment. The Committee hopes the Government will revise the provisions concerned and, in doing so, will have recourse to the indications provided by the Committee in its 1988 General Survey, in particular paragraphs 126 and 127, and paragraphs 122 of the Special Survey of 1996. Please continue to provide information on the application of the abovementioned Regulations, including the number of persons and their levels who have withdrawn or who have been dismissed or excluded from the civil service due to membership of a political party.

4. Article 2. Equality between men and women in employment and occupation. The Committee notes the information in the Government’s report on the United Nations Convention on the Elimination of All Forms of Discrimination against Women of the existing inequalities regarding women’s access to higher education and employment opportunities, often due to stereotyped attitudes, and the strategies and programmes undertaken to address these inequalities (CEDAW/C/IDN/4-5, 27 July 2005, pages 33‑41). The report to CEDAW further indicates that a large number of women have been seeking overseas employment in the hope of better wages, often due to their low level of education and lack of options in the national labour market (the report estimates that more than 70 per cent of the Indonesian migrant workers are women, the majority employed as domestic workers) (CEDAW/C/IDN/4-5, paragraph 108). The Committee further notes from the information provided by the Government on the implementation of the ILO resolution on gender equality, pay equity and maternity protection, 2004, the number of programmes carried out or envisaged to promote gender equality. It notes in particular the launching of the EEO Guidelines, the awareness-raising programmes on gender equality and the Government’s intention to review its position on the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee welcomes the numerous measures undertaken and encourages the Government to continue its efforts in this regard. It requests the Government to indicate in its next report how these measures, as well as any other measures taken or envisaged, including by the Ministry of the Role of Women, have had an impact on women’s access to and position in the labour market, in particular with respect to a wider range of occupations, including non‑traditional and higher level positions.

5. Promoting equality of ethnic and other minorities. The Committee notes the new National Plan of Action on Human Rights for 2004-09 (Decree No. 40/2004) that identifies amongst its objectives the elimination of all forms of discrimination. This includes activities to enhance women’s right to full enjoyment of non-discrimination and their equal access to education, and to enhance the protection against discrimination of ethnic minorities and other minority groups, as well as Indonesian migrant workers. The Government is requested to provide information on the implementation of the new action plan, including by the National Commission of Human Rights, in particular with respect to the elimination of discrimination against women and ethnic minorities, as well as Indonesian migrant workers, in employment and occupation, and the results achieved.

6. Article 3(a). Cooperation with the social partners. The Committee notes that a number of measures, such as educational programmes on the ILO fundamental Conventions and efforts to include gender equality issues in collective agreements, have been undertaken in collaboration with the employers’ and workers’ organizations. It welcomes these initiatives and encourages the Government to continue cooperating with the social partners and to keep it informed regarding further tripartite activities, including with respect to the implementation of the EEO Guidelines.

7. Article 3(e). Equal access to vocational training. With respect to the right of workers to further job training provided for in sections 11 and 12 of Act No. 13/2003, the Committee notes the Government’s statement that, although not expressly stating it, these provisions are intended to guarantee all workers equal access to vocational training without discrimination. The Committee asks the Government to provide in its next report information about the practical application of these provisions on the participation of men and women in training and education in different disciplines, in order to enable the Committee to assess whether full effect is given to the Convention’s principle of equal opportunity and treatment with respect to vocational training.

8. Article 4. Activities prejudicial to the security of the State. The Committee notes the Government’s statement that no data are available on the practical application of the amendment to the Criminal Code which penalizes both the dissemination and the development of “Communism/Marxism-Leninism in all their forms and manifestations”. The Committee requests the Government to undertake the necessary steps to collect the requested information, including statistical data on the number of persons convicted under this law so far, as well as information concerning implications the law might have on equal opportunity in employment and occupation.

9. Part IV of the report form. The Committee notes the Government’s statement that it has taken note of the Committee’s suggestion to consider amending the Manpower Act to provide for sanctions in the event of violations of section 153 of the Act, and requests the Government to keep it informed of any developments in this regard. In the meantime, the Government is requested to continue to provide information on any judicial or administrative decisions relevant to the Convention.

10. Part V. Statistics. The Committee recalls the importance of collecting and analysing statistical data disaggregated by sex on the participation of men and women in the various sectors of employment and occupations and in vocational training in order to assess the progress made under the Convention. It requests the Government to provide such statistics with its next report, and encourages the Government to expand the scope of its statistical work, to collect new data by race, colour and religion on all aspects of employment and vocational training.