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

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

Article 1 of the Convention. National legislation concerning equality and non-discrimination. The Committee recalls the lack of specificity in the elaboration of specific grounds of discrimination and of a definition of direct and indirect discrimination in the Manpower Act No. 13 of 2003. The Committee recalls previously noting the legislative developments regarding racial and ethnic discrimination, namely the anti-discrimination provisions laid out in the Human Rights Act and Act No. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination. The Committee notes that the Government once again provides very general information, indicating that several companies have codes of ethics regulating the prohibition of discrimination in the workplace and that no cases of discrimination have been detected by the labour inspectorate. The Committee notes from the information provided by the Government in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that in order to disseminate the Equal Employment Opportunity (EEO) Guidelines of 2005, the Government established a tripartite Task Force by Decree No. 60/SJ/111/2011 on 16 March 2011, which, inter alia, has the responsibility of mapping out preventive measures on discrimination in the workplace. The Committee asks once again the Government to provide information on the practical application of the Manpower Act No. 13 of 2003, the Act No. 40 of 2008 and the Human Rights Act of 1999, including the number and nature of violations found by the National Human Rights Commission (Komnas HAM), the labour inspectorate or any other enforcement authorities with regard to anti-discrimination provisions, or decisions handed down by the courts, the sanctions imposed and remedies provided. Please also provide information on any practical measures taken by the tripartite task force in order to raise awareness about the EEO Guidelines and the national legislative framework concerning equality, among government officials, workers, employers and their organizations.

Sexual harassment. The Committee notes the Government’s indication that the guidelines on sexual harassment, developed by the Government in cooperation with social partners, were published through Circular No. SE.03/MEN/IV/2011. The Committee asks the Government to provide a copy of the guidelines on sexual harassment, which were not attached to the Government’s report, as well as information on measures taken in collaboration with social partners to implement the guidelines. Please also indicate whether the task force on the dissemination of EEO Guidelines has taken measures to monitor their implementation and promote their use in practice. The Committee also asks the Government to provide information on any steps taken or envisaged to amend the Manpower Act or to adopt other legislation in order to prohibit and protect workers against sexual harassment, both quid pro quo and hostile environment harassment, in employment and occupation.

Discrimination on the ground of religion. The Committee notes the Government’s indication that workers of faiths others than those enumerated in Regulation of the Minister of Manpower and Transmigration No. PER 04/MEN/1994 can benefit from allowances paid before certain religious holidays to the extent agreed upon by the employer or as set by company regulations and collective agreements. The Committee asks the Government to indicate the specific measures taken to ensure that workers of faiths other than those enumerated in Regulation of the Minister of Manpower and Transmigration No. PER-04/MEN/1994, who are not benefiting from allowances paid before certain religious holidays as provided by company regulations, collective agreements or individual agreements, are not discriminated against in this regard.

Article 2. Access to employment and occupation, vocational training and education. The Committee notes from the statistical data provided by the Government that the participation rate of women in various selected sectors, while remaining low, slightly increased from 37.7 per cent in August 2010 to 39.2 per cent in February 2011. The Committee notes that the Government does not provide statistical data, divided by public and private sectors on the participation of men and women in the labour market, and indicates that the ILO could provide technical assistance for this process. The Committee also notes that the Government has taken measures to promote gender equality including adopting gender-mainstreaming programmes, and providing guidance to public social institutions for the protection of women. The Committee notes that no information was given on vocational training provided for women in order to promote equal opportunities of men and women to access a wider range of educational and vocational training courses, leading to better paid jobs. The Committee asks the Government to take steps in order to supply statistical information, disaggregated by sex, on the participation of men and women in the various sectors of employment and occupations in the public and private sectors, as well as in the formal or informal economy, and on the number of men and women participating in vocational training and education, specifying the type of courses attended. Please also indicate the measures taken, in cooperation with the social partners, to address occupational segregation and promote women’s access to higher paying jobs and a wider range of occupations. Noting that the Government indicated that it would like to receive ILO assistance in data collection, the Committee asks the Government to take the necessary steps to secure such assistance.

Equal employment opportunity guidelines. The Committee notes that the Government is currently focusing on disseminating the EEO Guidelines to social partners in various sectors of employment. The Committee recalls that following EEO assessments in many subsectors of the economy, the Government had adopted EEO guidelines specific to the beverages and garment subsectors. The Committee asks the Government once again to provide information on the practical impact of the EEO guidelines developed in the beverages and garment sectors, and to indicate whether any measures have been taken to extend the initiative to other sectors. The Committee asks the Government to consider actively, in collaboration with the social partners, extending the application of the EEO Guidelines of 2005 to grounds other than sex, referred to in the national legislation and included in Article 1(1)(a) of the Convention, and to indicate whether the task force on EEO guidelines is involved in this process.

Article 4. Activities prejudicial to the security of the State. The Committee had previously noted the amendments brought to the Criminal Code penalizing both the dissemination and the development of “Communism/Marxism–Leninism in all their forms and manifestations” and that a programme was to be set up to collect statistical data on cases of convictions under the law. The Committee notes the Government’s statement that Marxist and Communist beliefs, in practice, are not taken into consideration in the recruitment and selection process. Noting that in practice the provisions of the Criminal Code penalizing both the dissemination and development of “Communism/Marxism–Leninism in all their forms and manifestations” are not applied in employment and occupation with respect to recruitment and selection, the Committee invites the Government to consider amending the provisions in order to ensure better legislative protection against discrimination in employment and occupation based on political opinion. Please provide information on any progress made in collecting statistical data on cases of convictions related to these provisions of the Criminal Code.