Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Discrimination on the grounds of race, colour and national extraction. Transmigration programmes. The Committee previously noted the adoption of Act No. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination under which the National Human Rights Commission (Komnas HAM) is responsible for supervising efforts aimed at eliminating all forms of racial and ethnic discrimination, including through monitoring and assessing government policies considered a potential cause of racial and ethnic discrimination. The Committee notes that the Government does not provide information on measures taken to promote equality of opportunity and treatment in employment and occupation of all ethnic groups of the population, including indigenous peoples, irrespective or race, colour and national extraction but rather refers to article 28(i)(2) of the Constitution which provides for a general prohibition of discrimination based on “any grounds whatsoever”. The Committee asks the Government once again to provide information on the practical application of Act No. 40 of 2008, including any relevant administrative and judicial decisions. The Committee also asks the Government to indicate whether the Komnas HAM has taken or envisaged any measures to monitor the effectiveness of government policies aimed at eliminating racial and ethnic discrimination faced by different ethnic groups, including indigenous peoples, and whether the effectiveness and alleged discrimination of transmigration programmes have been evaluated. The Committee asks the Government to provide information on any measures taken or envisaged by the Government, at national and regional levels, to promote equality of opportunity and treatment in employment and occupation of all ethnic groups of the population, including indigenous peoples, irrespective of race, colour and national extraction, and on the results of such action.

Discrimination based on political opinion. The Committee has for many years been requesting clarification from the Government on section 18(1) of the Recruitment of Civil Servants, Government Regulation No. 98/2000 of 10 November 2000, section 8 of Regulation No. 5/1999, and section 2(2) of Regulation No. 37/2004, providing for dismissal of civil servants upon becoming members and/or leaders of political parties. The Committee notes the Government’s indication that under section 8 of Regulation No. 5/1999, permanent civil servants who become members of political parties keep benefiting from their political rights and do not lose their civil servant status but rather remain on a “temporary pause”. The Committee also notes that the Government indicates that the provisions of Regulations Nos 98/2000 and 37/2004 cannot be amended as they are a result of national agreements aimed at ensuring that public servants remain neutral with respect to political opinion. The Committee recalls that while it may be admissible for the responsible authorities to bear in mind the political opinions of individuals in the case of certain limited higher level posts which are concerned directly with developing government policy, it is contrary to the Convention for such conditions to be laid down generally for all civil service employment. The Committee also recalls that under the Convention, protection against discrimination based on political opinion extends to membership in political organizations or parties. The Committee again requests the Government to take steps in order to amend Regulations Nos 5/1999, 98/2000 and 37/2004 in order to ensure that workers are not discriminated against based on political opinion and that any limitations on prohibitions on becoming members and/or leaders of political parties are limited to the inherent requirements of the job, as strictly defined.

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