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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Legislation concerning equality and non-discrimination. In its previous comments, the Committee recalled that Law No. 39 of 1999 concerning human rights and Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination contain non-discrimination provisions that define and prohibit direct and indirect discrimination on a number of grounds covered under Article 1(1)(a) of the Convention, but sections 5 and 6 of Law No. 13 of 2003 concerning manpower (Manpower Act) do not expressly elaborate on specific grounds of discrimination nor define direct and indirect discrimination. In light of the above, the Committee requested the Government to undertake a review of the law and practice, including complaints procedures, regarding discrimination in employment and occupation based on all the grounds referred to in the national legislation and included in Article 1(1)(a) of the Convention, and to include the National Task Force on Equal Employment Opportunities as well as social partners in this process. The Committee also requested the Government to provide a copy of the revised Equal Employment Opportunity (EEO) Guidelines and to continue to provide information on the practical application of the non-discrimination provisions in the above-mentioned legislation. The Committee notes that, in its report, the Government states that it undertook a study on the implementation of the Convention involving various actors, without providing more information on the scope and findings of the study nor on the parties that were involved in the exercise. The Committee asks the Government to provide information on the scope and findings of the study conducted on the implementation of the Convention as well as on the actors that have participated in the study and any actions envisaged as follow-up to its recommendations. The Committee also asks the Government to provide a copy of such study. The Committee once again asks the Government to provide information on the practical application of the non-discrimination provisions contained in the Law No. 39 of 1999 concerning human rights and Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination and sections 5 and 6 of Law No. 13 of 2003 concerning manpower (Manpower Act), including information on any complaint concerning discrimination in employment and occupation filed with the courts and other competent authorities as well as any violations detected by the labour inspectorate.

Article 1(1)(a). Sexual harassment. Previously, the Committee requested the Government to continue to provide information on measures taken, in collaboration with social partners, to disseminate and implement the Guidelines on Sexual Harassment Prevention at the Workplace (Circular No. SE.03/MEN/IV/2011) at the national, provincial, and district/city levels, with an indication of the specific examples of company regulations and collective agreements that have incorporated the Guidelines, as well as the remedies granted to victims of sexual harassment. The Committee also requested the Government to provide examples of national regulations that have incorporated the Guidelines. The Committee notes the Government’s indication that it is considering some proposals for a draft Ministerial Regulation on Prevention of Violence and Harassment. The Committee also notes that the Government informs about a Memorandum of Understanding that the Ministry of Women’s Empowerment and Child Protection has signed with five industrial zones with the objective of increasing protection for women workers from all forms of violence and discrimination in industrial areas. The Committee further notes from the 2019 report of the National Commission on Violence against Women (NCVW) or Komnas Perempuan on 25 Years of Implementing the Beijing Platform for Action in Indonesia (Beijing+25 report) that, from 2014 to 2018, the Commission received 204 complaints concerning violence against women at the workplace. The majority of cases were about sexual violence committed by superiors or co-workers. The Committee welcomes the initiative of the Government to draft a Ministerial Regulation on Prevention of Violence and Harassment. The Committee asks the Government to provide information on any developments concerning its adoption. The Committee hopes that this regulation will explicitly cover sexual harassment in employment and occupation and refers the Government to its general observation of 2002 on the topic. It also asks the Government for information on the measures taken, in collaboration with social partners, to disseminate and implement the Guidelines on Sexual Harassment Prevention at the Workplace at the national, provincial, and district/city levels, with an indication of the specific examples of company regulations and collective agreements that have incorporated the Guidelines, as well as the remedies granted to victims of sexual harassment.

Discriminatory provisions. In its previous comments, the Committee referred to section 76(3) and (4) of the Manpower Act which requires employers who employ women during the night to provide these workers with food and drink, as well as transportation to and from the place of employment, and requested the Government to consider revising this provision to expand the benefits related to night work to male workers, with a view to ensuring equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that amending the law takes time and that, in practice, section 76(3) and (4) of the Manpower Act is applied equally to men and women workers. The Committee takes due note of the information provided by the Government. The Committee notes from the information provided by the Government in its report on the Equal Remuneration Convention, 1951 (No. 100), that it will facilitate, in consultation with the social partners, an amendment of the Manpower Act. In light of the above, the Committee invites the Government to amend the Manpower Act to expand the scope of application of section 76(3) and (4) of the Manpower Act to men workers and to provide information on any future developments in this regard.

Discrimination on the ground of religion. The Committee recalls the Regulation of the Minister of Manpower No. 6 of 2016 on Religious Holiday Allowance for Employees/Workers, which, at section 1(2), recognizes religious holidays for the following religions: Islam, Catholic and Protestant Christianity, Hinduism, Buddhism and Confucianism. In its previous comment, it had recalled that local religious by-laws may have an impact on the access to and participation in employment for women and certain minorities, including in the civil service, and requested the Government to: (1) take measures to ensure that workers who belong to faiths other than those enumerated in Regulation No. 6 of 2016, are not discriminated against with regards to religious holiday allowances; (2) provide detailed information on the progress made with regard to the review of discriminatory local religious by-laws, as well as measures taken to amend or repeal discriminatory local by-laws that are contrary to the Convention; and (3) take the necessary measures to ensure that the adoption of religious by-laws does not result in direct or indirect discrimination against women or religious minority groups in employment and occupation, and to provide information in this regard. The Committee notes the information provided by the Government on the rationale and rules governing the disbursement of the religious holiday allowance. It also notes the Government’s indication that no by-laws affect minority groups’ access to and participation in employment. The Committee recalls that the NCVW, in its 2010 report, entitled “In the name of regional autonomy: The institutionalization of discrimination in Indonesia”, noted the increasing issuance of local religious by-laws which may have an impact on women’s access to and participation in employment, and on certain minorities, including in the civil service. The Committee notes that in its Beijing+25 report, the NCVW states that “discriminatory policies against women and minority groups in the name of religion and morality are still issued by the Regional Government” (page 41). The Committee notes that the Regulation of the Minister of Manpower No. 6 of 2016 officially recognizes six religions but that other religions are also practised in the country, including by minority groups. The Committee therefore once again requests the Government to: (i) to take measures to ensure that workers who belong to faiths other than those enumerated in Regulation No. 6 of 2016, are not discriminated against with regards to religious holiday allowances; (ii) to provide detailed information on the progress made with regard to the review of discriminatory local religious by-laws, as well as measures taken to amend or repeal discriminatory local by-laws that are contrary to the Convention; and (iii) take the necessary measures to ensure that the adoption of religious by-laws does not result in direct or indirect discrimination against women or religious minority groups in employment and occupation, and to provide information in this regard.

Discrimination based on political opinion. In its previous comments, the Committee referred to Government Regulation No. 98/2000 of 10 November 2000, Regulation No. 5/1999 and Regulation No. 37/2004, which provide for the dismissal of civil servants upon becoming members or leaders of political parties, and urged the Government to amend these regulations in order to ensure that workers are not discriminated against based on political opinion, and to take steps to assess how existing regulations are applied in practice with a view to ensuring that any prohibitions on civil servants becoming members or leaders of political parties are limited to the inherent requirements of the job, as strictly defined. Noting the Government’s reiterated reply that civil servants must remain neutral with regard to politics, the Committee emphasizes that under Article 1(2) of the Convention, distinctions, exclusions or preferences in respect of a particular job are not deemed to be discriminatory if they are based on the inherent requirements of such job. These measures should correspond in a concrete and objective way to the inherent requirements of a specific and definable job, function or tasks. Criteria such as political opinion may be taken into account as inherent requirements of certain posts involving special responsibilities. However, the inherent requirements of the particular job must be evaluated in the light of the actual bearing of the tasks performed. The systematic application of requirements involving one or more of the grounds of discrimination set out in the Convention is not admissible (see 2012 General Survey on the fundamental Conventions, paragraphs 828 et seq.). In light of the above, the Committee asks the Government to consider limiting the prohibition of political activities to certain positions and therefore to consider the possibility of adopting a list of jobs in the public service for which political opinion will be an inherent requirement. In the meantime, it once again asks the Government to: (i) amend Regulation Nos 5/1999, 98/2000 and 37/2004 in order to ensure that workers are not discriminated against based on political opinion; (ii) take steps to assess how existing regulations are applied in practice with a view to ensuring that any prohibitions on civil servants becoming members or leaders of political parties are limited to the inherent requirements of the job, as strictly defined; and (iii) provide information on the results of this assessment. Finally, the Committee asks the Government to indicate how many civil servants have been warned, suspended or terminated based on these three Regulations.

Article 2. National equality policy with respect to race, colour and national extraction. In its previous comments, the Committee urged the Government to provide detailed information on measures taken to implement Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination in employment and occupation, including measures taken, and results achieved, by the National Human Rights Commission to monitor the effectiveness of relevant government policies and measures taken to raise awareness of the existence of the Law. The Committee also asked the Government to undertake an assessment of the practical application of Regulation of the Ministry of Manpower and Transmigration No. PER-16/XI/2011 – which provide for a mechanism for government authorities to examine compliance with labour legislation when approving company regulations and collective labour agreements - including the number of registration applications for company regulations and collective labour agreements that have been rejected on the ground that they violate sections 5 and 6 of the Manpower Act dealing with discrimination, and to provide information in this regard. The Committee notes the Government’s indication that no cases of rejection of company regulations and collective labour agreements for violation of sections 5 and 6 of the Manpower Act have been recorded. Noting that no information is provided on the measures adopted to implement Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination in employment and occupation, the Committee again asks the Government to provide information on the implementation in practice of this Law, notably on any specific measures adopted under Chapters IV and V of the Law, including the measures taken by the National Human Rights Commission to monitor the effectiveness of relevant government policies and the measures taken to raise awareness of the existence of the Law, and the results achieved. The Committee also asks the Government to continue to provide information on the number of registration applications for company regulations and collective labour agreements that have been rejected on the ground that they violate sections 5 and 6 of the Manpower Act dealing with discrimination.

Affirmative action. Recalling that section 62(2) and (3) of the Special Autonomy Law for Papua, provide for affirmative action to support indigenous Papuans’ access to employment, including in the judiciary, the Committee requested the Government, in its previous comments to: (1) provide additional information indicating the specific results achieved through affirmative action measures for indigenous Papuans, including information regarding their recruitment in both public and private sectors such as the judiciary and local companies, as well as the number of indigenous Papuans enrolled in vocational training; and (2) provide information on any other affirmative action measures that have been adopted or promoted at provincial or national levels, as a means of achieving substantive equality in employment and occupation for all groups of the population. The Committee notes the information provided by the Government concerning the creation of two vocational training centres, namely the Sorong Industrial Vocational Training Centre in West Papua Province and the Industrial Vocational Training Centre in Papua Province, which provided training to 2,323 people. While noting the information provided by the Government, the Committee reiterates its request for information on: (i) the specific results achieved through affirmative action measures for indigenous Papuans, including statistical information regarding their recruitment in both public and private sectors such as the judiciary and local companies; and (ii) any other affirmative action measures that have been adopted or promoted at provincial or national levels, as a means of achieving substantive equality in employment and occupation for all groups of the population. The Committee also asks the Government to continue to provide information on the number of indigenous Papuans enrolled in vocational training and the type of training received.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. In its previous comments, the Committee requested the Government to continue to provide specific information on measures taken or envisaged to ensure that the non-discrimination provisions in the relevant legislation are implemented effectively and to: (1) provide information on any measures taken or envisaged under the National Strategic Action Plan 2013–2019 of the National Task Force on Equal Employment Opportunity (EEO), to build the capacity of the EEO Task Force on handling complaints and grievances, as well as measures to effectively address claims of discrimination in employment and occupation on prohibited grounds under Article 1(1)(a) of the Convention, including through coordination with the labour inspectorate; (2) continue to provide information on the number and nature of violations found by the labour inspectorate or other enforcement authorities, as well as decisions handed down by the courts; and (3) include information on the results from the monitoring of company regulations and collective labour agreements by bipartite and tripartite institutions and the Ministry of Manpower and Transmigration. The Committee notes the Government’s indication that measures have been taken to encourage companies to establish complaint mechanisms. The Government also informs that the labour inspectorate has not detected any case of discrimination. The Committee asks the Government to continue to provide information on the number and nature of violations found by the labour inspectorate or other enforcement authorities, as well as decisions handed down by the courts involving issues related to the application of the Convention. Also, the Committee once again asks the Government to provide information on: (i) any claims of discrimination in employment and occupation on prohibited grounds under Article 1(1)(a) of the Convention addressed by the EEO Task Force; and (ii) the results from the monitoring of company regulations and collective labour agreements by bipartite and tripartite institutions and the Ministry of Manpower and Transmigration. Please also provide information on any measures adopted to enhance the capacity of enforcement authorities, as well as of social partners, to identify, prevent and address cases of discrimination.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 2 and 3 of the Convention. Equality of opportunity for men and women. In its previous observation, the Committee asked the Government to continue taking specific measures, in cooperation with the social partners, to address the significant level of occupational gender segregation and to provide information on the results achieved, including with respect to the implementation of the Strategic Action Plan 2013–19 formulated by the National Task Force on Equal Employment Opportunities (EEO). In addition, the Committee asked the Government to: (1) provide detailed information on the measures taken to promote gender equality in the public sector, including measures to improve the representation of women among regular staff; and (2) continue providing detailed statistical information on the distribution of men and women in the various posts and occupations in the public service. The Committee notes the Government’s indication in its report that it has carried out various awareness-raising and capacity-building activities on equality and non-discrimination under the National Strategic Action Plan. However, it notes that the Government has not provided details of the action taken and the results achieved in addressing occupational gender segregation. Concerning the promotion of gender equality in the public sector, the Committee notes that the Government refers to Regulation No. 14 of 2018 on the recruitment process and indicates that it is based on the candidates’ competencies. The Government adds that women represent 51 per cent of the total of 4.1 million civil servants.

The Committee notes that, according to the ILO Database of Labour Statistics (ILOSTAT), 51 per cent of working age women participate in the workforce, compared with 78 per cent of working age men. It also notes from the ILO research brief “Leading to success: The business case for women in business and management in Indonesia”, June 2020 (ILO Women in Science, Technology, Engineering and Mathematics (STEM) project), that women are over-represented in temporary and part-time employment and comprise the majority of employees in the services sector. Concerning women in agriculture, the Committee notes from the report of the United Nations Special Rapporteur on the right to food on her visit to Indonesia that women working in agriculture receive lower pay compared with men and that many of them work informally under precarious conditions (A/HRC/40/56/Add.2, 28 December 2018, paragraph 54). The Committee also notes from the same source that the Laws on Food (No. 18/2012), Farmers’ Protection and Empowerment (No. 19/2013) and Protection and Empowerment of Fisherfolk, Fish Farmers and Salt Farmers (No. 7/2016) do not explicitly recognize women as stakeholders. The Special Rapporteur emphasizes in this regard that “laws that do recognize women consider their role as part of a household, rather than as an integral part of food production. This lack of adequate recognition further undermines the rights of women to social security and welfare programmes and delegitimizes women as agricultural workers” (paragraph 55). In light of the above, the Committee encourages the Government to undertake, in cooperation with the social partners, an assessment of the measures adopted so far to promote equality of opportunity and treatment for men and women in employment and occupation, in both the private and public sectors, including the measures adopted under the Strategic Action Plan 2013–19 of the EEO, and to provide information on the results achieved, the obstacles identified and any follow-up action envisaged and implemented, including with regard to occupational gender segregation. The Committee also asks the Government to: (i) indicate whether a new Action Plan has been prepared by the EEO Task Force; (ii) provide information on the measures adopted to promote the application of the principle of the Convention to men and women rural workers; and (iii) provide updated statistical information on the distribution of men and women in the various sectors, occupations and positions, in the formal and informal economies.

Article 3(e). Access to vocational training and guidance. In its previous observation, the Committee asked the Government to: (1) take further measures to promote women’s access to a wider range of vocational training courses and occupations, including those in which men traditionally participate and those leading to opportunities for advancement, and provide information on the results achieve; and (2) continue providing detailed statistical information, disaggregated by sex, on the labour force participation rates in the various sectors and occupations in the formal and informal economies, and on the number of men and women participating in vocational training, specifying the type of courses attended. The Committee notes the Government’s indication that it has made efforts to increase the population’s access to training centres. The Committee also notes from the statistical information provided by the Government that women represented 37.7 per cent of all trainees in 2018 and that the largest number of women participated in training on business and management, garment, apparel, processing and beauty. The Committee further notes from the ILO research brief “Leading to success: The business case for women in business and management in Indonesia” that: (1) more women graduate from tertiary education than men and, more particularly, that women accounted for 16 per cent of those graduating from tertiary education in 1993, and that this figure rose to 59 per cent in 2018; and (2) although the majority (63 per cent) of tertiary graduates in STEM disciplines continue be men, more women are taking up STEM fields and occupations.. The Committee notes that, although some progress has been made in this regard, gender segregation in skills training appears to persist. The Committee asks the Government to step up its efforts to promote women’s access to a wider range of vocational training courses and occupations, including those in which men traditionally participate and those leading to opportunities for advancement, and to provide information on the results achieved and statistical information on the number of men and women participating in vocational training, with an indication of the types of courses attended.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Legislation concerning equality and non-discrimination. The Committee recalls that Law No. 39 of 1999 concerning human rights and Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination contain non-discrimination provisions that define and prohibit direct and indirect discrimination on a number of grounds covered under Article 1(1)(a) of the Convention, but that sections 5 and 6 of Law No. 13 of 2003 concerning manpower (Manpower Act) do not specifically elaborate on specific grounds of discrimination nor define direct and indirect discrimination. The Committee recalls that it has requested the Government to undertake a review of the law and practice, including complaints procedures regarding discrimination, but notes that the Government’s report does not provide information on any steps taken in this regard. The Committee notes the Government’s indication that the Equal Employment Opportunity (EEO) Guidelines of 2005, which aimed to fill some of the gaps in the Manpower Act, have been also revised to deal with grounds of discrimination other than sex, but that a copy of the Guidelines has not been provided to the Committee. With a view to assessing the effectiveness of the current legislative framework, the Committee once again requests the Government to undertake a review of the law and practice, including complaints procedures, regarding discrimination in employment and occupation based on all the grounds referred to in the national legislation and included in Article 1(1)(a) of the Convention, and to include the National Task Force on Equal Employment Opportunities as well as social partners in this process. The Committee requests the Government to provide a copy of the revised EEO Guidelines and to continue to provide information on the practical application of the non-discrimination provisions in the abovementioned legislation.

Article 1(1)(a). Sexual harassment. In its previous comments, the Committee requested further information on measures taken to implement the voluntary Guidelines on Sexual Harassment Prevention at the Workplace (Circular No. SE.03/MEN/IV/2011), as well as on the number of companies that have adopted anti-sexual harassment policies or established internal complaints mechanisms. It also encouraged the Government to consider amending the Manpower Act to effectively prohibit and protect workers against sexual harassment in employment and occupation. The Committee notes the Government’s indication that the Strategic Action Plan of the EEO Task Force provides for the dissemination of the Guidelines at the provincial and district/city levels through its local level Task Forces, and that the Guidelines have been adopted in company regulations and collective labour agreements, as well as in national regulations. The Government therefore considers that there is no urgent need to amend legislation to regulate the prohibition of sexual harassment. The Committee requests the Government to continue to provide information on measures taken, in collaboration with social partners, to disseminate and implement the Guidelines on Sexual Harassment (Circular No. SE.03/MEN/IV/2011) at the national, provincial, and district/city levels, with an indication of the specific examples of company regulations and collective agreements that have incorporated the Guidelines, as well as the remedies granted to victims of sexual harassment. The Committee further requests the Government to provide examples of national regulations that have incorporated the Guidelines.

Discriminatory provisions. The Committee recalls that section 76(3) and (4) of the Manpower Act requires employers who employ women during the night to provide these workers with food and drink, as well as transportation to and from the place of employment. The Committee notes the Government’s reply that, in practice, this treatment extends to male as well as female workers. With a view to ensuring equality of opportunity and treatment, the Committee requests the Government to reflect actual practice and consider revising section 76(3) and (4) of the Manpower Act, expanding the benefits related to night work to male workers.

Discrimination on the ground of religion. The Committee notes the Government’s indication that the Regulation of the Minister of Manpower and Transmigration No. PER-04/MEN/1994 has been revoked and replaced by the Regulation of the Minister of Manpower No. 6 of 2016 on Religious Holiday Allowance for Employees/Workers. According to the Government there is no discrimination in the provision of religious holiday allowance, and the religions stated in Regulation No. 6 covers all religions that currently exist and abided by Indonesian citizens. It notes that section 1(2) of the Regulation recognizes religious holidays for the following religions: Islam, Catholic and Protestant Christianity, Hinduism, Buddhism and Confucianism; no reference is made to other religions. With regard to its previous request for information on the progress made of the Government’s review of local religious by-laws, which may have an impact on the access to and participation in employment for women and certain minorities, including in the civil service, the Committee notes that the Government provides no further information. The Committee therefore must reiterate its request to the Government to take measures to ensure that workers who belong to faiths other than those enumerated in Regulation No. 6 of 2016, are not discriminated against with regards to religious holiday allowances. The Committee once again requests the Government to provide detailed information on the progress made with regard to the review of discriminatory local religious by-laws, as well as measures taken to amend or repeal discriminatory local by-laws that are contrary to the Convention. In this connection, it also once again requests the Government to take the necessary measures to ensure that the adoption of religious by-laws do not result in direct or indirect discrimination against women or religious minority groups in employment and occupation, and to provide information in this regard.

Discrimination based on political opinion. The Committee recalls its previous comments regarding Government Regulation No. 98/2000 of 10 November 2000, Regulation No. 5/1999 and Regulation No. 37/2004, which provide for the dismissal of civil servants upon becoming members or leaders of political parties. The Committee notes with regret that the Government repeats its general indication that the provisions of Regulation Nos 98/2000 and 37/2004 cannot be amended because civil servants must remain neutral with regards to politics. The Committee emphasizes again that, under the Convention, protection against discrimination based on political opinion extends to membership in political organizations or parties. The Committee once again urges the Government to amend Regulation Nos 5/1999, 98/2000 and 37/2004 in order to ensure that workers are not discriminated against based on political opinion, and to take steps to assess how existing regulations are applied in practice with a view to ensuring that any prohibitions on civil servants becoming members or leaders of political parties are limited to the inherent requirements of the job, as strictly defined.

Article 2. National equality policy with respect to race, colour and national extraction. In its previous comments, the Committee requested the Government to provide information on the implementation of Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination including measures taken by the National Human Rights Commission to monitor Government policies aimed at eliminating racial and ethnic discrimination. The Government merely indicates that steps have been taken to require employers to register company regulations and collective agreements with responsible authorities, and that measures have been taken to ensure that such documents are not discriminatory. The Committee further notes that sections 8 and 28 of the Regulation of the Ministry of Manpower and Transmigration No. PER-16/XI/2011, which replaced the Decree of the Minister of Manpower and Transmigration No. KEP-48/MEN/IV/2004, continue to provide a mechanism for Government authorities to examine compliance with labour legislation when approving company regulations and collective labour agreements. The Committee once again urges the Government to provide detailed information on measures taken to implement Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination in employment and occupation, including measures taken, and results achieved, by the National Human Rights Commission to monitor the effectiveness of relevant government policies and measures taken to raise awareness of the existence of the Law. The Committee also asks the Government to undertake an assessment of the practical application of Regulation No. PER-16/XI/2011, including the number of registration applications for company regulations and collective labour agreements that have been rejected by relevant labour authorities on the ground that they violate sections 5 and 6 of the Manpower Act dealing with discrimination, and to provide information in this regard.

Affirmative action. The Committee recalls that section 62(2) and (3) of the Special Autonomy Law for Papua, provide for affirmative action to support indigenous Papuans’ access to employment, including in the judiciary, and it had requested the Government to provide information on its application. The Committee notes information provided by the Government concerning quotas for indigenous Papuans in vocational training, and the programmes to promote their recruitment in the private sector. In order to enable the Committee to assess in an effective manner the application of the national equality policy to indigenous populations, it requests the Government to provide additional information indicating the specific results achieved through affirmative action measures for indigenous Papuans, including information regarding their recruitment in both public and private sectors such as the judiciary and local companies, as well as the number of indigenous Papuans enrolled in vocational training. The Committee also reiterates its request to provide information on any other affirmative action measures that have been adopted or promoted at provincial or national levels, as a means of achieving substantive equality in employment and occupation for all groups of the population.

Enforcement. The Committee notes the Government’s indication that collective labour agreements regulate the prohibition of discrimination as defined under sections 5 and 6 of the Manpower Act, and that complaints and grievances arising from such agreements are handled by bipartite and tripartite cooperation institutions and related agencies such as the Ministry of Manpower and Transmigration. The Committee notes, however, the Government’s indication that no complaints have been submitted to labour inspectors with regards to the application of Law No. 39 of 1999 concerning human rights and Law No. 40 of 2008 concerning the elimination of racial and ethnic discrimination, and that only one complaint was submitted with regards to sexual harassment in 2016. The Government however indicates that technical training on discrimination is being provided to labour inspectors on an annual basis, including in Riau Islands Province and West Sumatra in 2016, and that awareness-raising measures such as advertisements and broadcasts have targeted the general public. The Government also indicates that the National Strategic Action Plan for 2013–19, issued by the EEO Task Force, envisages that the EEO Task Force will have a role in handling, monitoring, and following up with complaints and grievances, but that this part of the Plan has not yet been implemented. The Committee notes that seven Provincial and two Municipal/District level EEO Task Forces have been established to date. The Committee requests the Government to continue to provide specific information on measures taken or envisaged to ensure that the non-discrimination provisions in the relevant legislation are implemented effectively. In this regard, the Committee asks the Government to provide information on any measures taken or envisaged under the Action Plan to build the capacity of the EEO Task Force on handling complaints and grievances, as well as measures to effectively address claims of discrimination in employment and occupation on prohibited grounds under Article 1(1)(a) of the Convention, including through coordination with the labour inspectorate. The Committee further requests the Government to continue to provide information on the number and nature of violations found by the labour inspectorate or other enforcement authorities, as well as decisions handed down by the courts. Please also include information on the results from the monitoring of company regulations and collective labour agreements by bipartite and tripartite institutions and the Ministry of Manpower and Transmigration.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 2 and 3 of the Convention. Equality of opportunity between men and women. The Committee recalls its previous comments, in which it noted that women were under-represented in leadership and management positions and that informal employment was high in sectors where women were highly represented. The Committee notes that, according to the latest labour force survey data provided by the Government, as of February 2016, the labour force participation rate of women was 52.71 per cent while that of men was 83.46 per cent. Women continued to be mainly employed in the education services (61.21 per cent); health services and social activities (66.47 per cent); and accommodation, food and drink providing services (55.83 per cent). Further, the Committee notes from the ILO Database of Labour Statistics (ILOSTAT) that in 2015 the representation of women in senior and middle management remained low (20.8 per cent); that women were predominantly employed in domestic and other cleaning work (74 per cent) but remained under-represented in the electricity and gas sector (8.8 per cent); also more women than men were working as own-account and contributing family workers (54 per cent). Regarding employment in the public sector, the Committee notes from the data provided by the Government that, as of December 2014, women represented 48.63 per cent of public officials, and that among those employed women represented 37.24 per cent of regular staff (Fungsional Umum/Staff) and 59.92 per cent of government workers fulfilling specific functions (Fungsional Tertentu). In this regard, the Committee notes the Government’s indication that the National Task Force on Equal Employment Opportunities (EEO) has issued a National Strategic Action Plan for 2013–19, and that it has organized workshops and forums; produced materials for the media; revised the EEO Guidelines; conducted research and collected data; and established EEO pilot projects in several regions at the district level. The Committee requests the Government to continue to take specific measures, in cooperation with the social partners, to address the significant occupational segregation of men and women in the labour market, and provide information on the results achieved, including with respect to the implementation of the Strategic Action Plan for 2013–19 issued by the National Task Force on Equal Employment Opportunities. Recalling again the important role of the State in pursuing the national equality policy in the public sector, in accordance with Article 3(d) of the Convention, the Committee asks the Government to provide detailed information on measures taken to promote gender equality in the public sector, including measures to improve the representation of women among regular staff. The Committee requests the Government to continue to provide detailed statistical information on the distribution of men and women in various posts and occupations in the public service.

Article 3(e). Access to vocational training and guidance. In its previous comments, the Committee has noted that despite the progress made in education, with participation rates of men and women almost reaching parity, gender segregation in skills training appeared to persist. It notes from the statistics provided by the Government that gender segregation in vocational training courses continues, with more men than women participating in training for construction, electronics, and mechanics. The Committee notes, however, that generally more women than men have participated in training to increase productivity such as management and entrepreneurial skills. In this regard, the Government indicates that measures such as job fairs and training programmes have been taken to increase access of women to vocational training, and that an award for “Best Company in Employing Female Workers” has been given annually. The Committee asks the Government to take further measures to promote women’s access to a wider range of vocational training courses and occupations, including those in which men traditionally participate and those leading to opportunities for advancement, and provide information on the results achieved. The Committee further requests the Government to continue to provide detailed statistical information, disaggregated by sex, on the labour force participation rates in the various sectors and occupations in the formal and informal economy, and on the number of men and women participating in vocational training specifying the type of courses attended.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. National legislation concerning equality and non-discrimination. The Committee recalls the non-discrimination provisions in the Human Rights Act and Act No. 40 of 2008 concerning the elimination of racial and ethnic discrimination, and the Manpower Act No. 13 of 2003 which, however, lacks specificity in the elaboration of specific grounds of discrimination and a definition of direct and indirect discrimination. The Committee notes that the Government has continued to disseminate the Equal Employment Opportunity (EEO) Guidelines, which contain a clear definition of direct and indirect discrimination in the context of promoting gender equality and non discrimination. It also notes that the EEO Guidelines for the beverages, garment, plantation and tobacco subsectors focus on potential discrimination in recruitment, selection and placement of workers and the benefits of adopting and implementing EEO programmes for companies in these sectors. The Committee notes the Government’s request for ILO technical assistance to review discrimination on grounds other than sex with a view to expanding the scope of the EEO Guidelines beyond gender discrimination. With a view to assessing the effectiveness of the legislative framework, the Committee asks the Government to undertake, in collaboration with the social partners, a review of the law and practice, including complaints procedures, regarding discrimination in employment and occupation based on all the grounds referred to in the national legislation and included in Article 1(1)(a) of the Convention, and to include the recently established National EEO Task Force in this process. Please indicate the progress made in reviewing the EEO Guidelines with a view to expanding their scope beyond gender discrimination, and provide information on any steps taken to secure ILO technical assistance in this context. The Committee asks the Government to supply information on the practical application of the non-discrimination provisions in the abovementioned legislation, including the number and nature of violations found by the National Human Rights Commission, the labour inspectorate or any other enforcement authorities, or decisions handed down by the courts.

Sexual harassment. The Committee welcomes the efforts by the Government to actively disseminate and promote the voluntary Guidelines for the Prevention of Sexual Harassment (Circular No. SE.03/MEN/IV/2011), involving tripartite constituents at provincial and district levels, and provide technical guidance and training to industrial relations mediators in this context. It also notes, in particular, the efforts made by the employers’ organization (APINDO) to promote actively the use of the Guidelines among its members. The Committee requests the Government to continue to provide information on measures taken in collaboration with the social partners to implement the Guidelines at national, provincial and district levels in the public and private sectors, and on the results achieved through such action. Please include information on the number of complaints regarding sexual harassment lodged with the authorities and addressed, as well as the number of companies that have adopted anti-sexual harassment policies or established internal complaints mechanisms. With a view to providing legal certainty and effective protection, the Committee asks the Government to consider amending the Manpower Act or to adopt other legislation in order to prohibit and protect workers effectively against sexual harassment (both quid pro quo and hostile environment harassment) in employment and occupation, and to provide information on any progress made.

Discriminatory provisions. The Committee notes that pursuant to section 76(3) and (4) of the Manpower Act, employers who employ women at night (11 p.m.–7 a.m.) are required to provide women workers with nutritious food and drinks during hours of work at night as well as transport to and from the place of employment. Recalling that certain protective measures unrelated to maternity may provide an incentive to employers not to hire women, the Committee asks the Government to explain the reasons for exclusively providing those benefits to women workers and also to consider reviewing section 76(3) and (4) of the Manpower Act with a view to expanding the benefits related to night work to male workers.

Discrimination on the ground of religion. The Committee notes from the report of the National Commission on Violence against Women, entitled “In the name of regional autonomy: The institutionalization of discrimination in Indonesia” (2010), the increasing issuance of local religious by-laws which may have an impact on women’s access to and participation in employment, and on certain minorities, including in the civil service. With respect to its previous comments on the Regulation of the Minister of Manpower and Transmigration No. PER-04/MEN/1994, the Committee notes the Government’s general explanations regarding the obligation of the employer to pay religious allowances once a year. The Committee understands that the Government is in the process of reviewing religious by-laws and requests the Government to provide detailed information on this review and on any progress in amending or repealing discriminatory local by-laws that are contrary to the Convention. It also asks the Government to take the necessary measures to ensure that the adoption of religious by-laws does not result in direct or indirect discrimination against women or religious minority groups in employment and occupation, and to provide information in this regard. The Committee reiterates its request to the Government to indicate the specific measures taken to ensure that workers of faiths other than those enumerated in the Regulation of the Minister of Manpower and Transmigration No. PER-04/MEN/1994 are not discriminated against with regard to payment of religious allowances.

Discrimination based on political opinion. The Committee recalls its previous comments regarding the recruitment of civil servants, Government Regulation No. 98/2000 of 10 November 2000, Regulation No. 5/1999 and Regulation No. 37/2004 which provide for the dismissal of civil servants upon becoming members or leaders of political parties, and the Government’s explanations in this regard. The Committee notes that the Government merely reiterates 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 the political neutrality of public servants, and recalls that, under the Convention, protection against discrimination based on political opinion extends to membership in political organizations or parties. The Committee urges the Government to take steps to assess the application in practice of the existing regulations with a view to ensuring that any limitations on prohibitions on becoming members or leaders of political parties are limited to the inherent requirements of the job, as strictly defined, and 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.

National equality policy with respect to race, colour and national extraction. The Committee recalls Act No. 40 of 2008 concerning the elimination of racial and ethnic discrimination under which the National Human Rights Commission is responsible for supervising efforts aimed at eliminating all forms of racial and ethnic discrimination, and notes the absence in the Government’s report of any information on its practical application. The Committee also notes the Government’s indication that the Decree of the Minister of Manpower and Transmigration No. KEP-48/MEN/IV/2004 which provided a mechanism for the Government to examine compliance with non-discrimination principles (with regard to class or origin, belief or religion, and race or tribe) in company regulations and collective labour agreements, has been replaced by the Regulation of the Ministry of Manpower and Transmigration (No. PER-16/XI/2011). The Committee urges the Government to collect and provide information on the implementation of Act No. 40 of 2008, including any measures taken by the National Human Rights Commission to monitor the effectiveness of government policies aimed at eliminating racial and ethnic discrimination, and measures taken to raise awareness of the existence of the Act. Please provide a copy of the Regulation of the Ministry of Manpower and Transmigration No. PER-16/XI/2011, and information on other measures taken to ensure that company regulations and collective agreements do not contain discriminatory provisions.

Affirmative action. The Committee notes that sections 62(2) and (3) of the Special Autonomy Law for Papua provide for affirmative action to support indigenous Papuans’ access to employment, including in the judiciary, where they should have priority to be appointed as judge or prosecutor in Papua province. The Committee asks the Government to provide information on the results achieved through the affirmative action measures for native Papuans, including information on their employment situation, including in the judiciary. Please provide information on any other affirmative action measures that have been adopted or promoted at provincial or national levels, as a means of achieving substantive equality in employment and occupation for all groups of the population.

National equality policy in the public sector. The Committee notes from the data provided by the Government that, as of 1 January 2013, men represented 52.21 per cent and women 47.79 per cent of civil servants. In “other services” of the public sector, men represented 62.76 per cent and women 37.24 per cent. Recalling the important role of the State in pursuing the national equality policy in the public sector, in accordance with Article 3(d) of the Convention, the Committee asks the Government to provide comprehensive information on the measures taken in this regard with respect to all the grounds set out in the Convention. Please provide detailed statistical information on the distribution of men and women in the various posts and occupations in the civil service.

Enforcement. The Committee notes that, within the framework of the ILO project on gender mainstreaming and Indonesia’s Decent Work Country Programme, a draft training manual on the promotion of gender equality and non-discrimination at the workplace was developed for the Indonesian labour inspectorate and, in this context, training for labour inspectors’ trainers on promoting gender equality and non-discrimination in the workplace was held in November 2013. The Committee asks the Government to continue to provide information on the awareness-raising and capacity-building activities conducted for the labour inspectorate, and the results achieved. Please also provide information on the nature and number of violations of the relevant legislation detected by or reported to the labour inspectorate and the courts. Please also provide information on any measures taken to collect and disseminate information on discrimination cases addressed by the courts and the labour inspectorate to the wider public as a means of awareness raising on the principle of the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Promoting equality of opportunity and treatment. Equal Employment Opportunity (EEO) Task Force. The Committee recalls the Decision of the Minister of Manpower and Transmigration (MoMT) on the Establishment of a Task Force on Equal Employment Opportunity (EEO) (No. KEP-53/MEN/IV/2004), and the EEO Guidelines drafted by this Task Force in 2005, to fill some of the gaps in the Manpower Act of 2003. The Committee notes that the EEO Task Force had been dormant since 2006. The Committee notes that ILO technical assistance has been provided in the area of gender equality and non-discrimination, including technical assistance under the Supplementary Programme Account (SPA) to address the comments of the Committee. In this regard, the Committee notes with interest that the Government has taken steps to revitalize the membership, programme and activities of the EEO Task Force including through the adoption of Decree No. 184 of 2013 of the MoMT concerning the Establishment of a National Task Force on EEO which is mandated to promote and conduct the EEO programme in coordination with the respective ministries, and employers’ and workers’ organizations. The tripartite Steering and Advisory Team of the Task Force shall provide guidance and direction with a view to formulating programmes and activities on EEO at the national level, and provide input to the ministries and institutions as a basis for policy decisions on EEO. The inter-ministerial Technical Implementing Team of the Task Force shall be in charge of formulating, promoting and implementing, as well as evaluating and monitoring the EEO programme in the respective areas in coordination with MoMT, other relevant ministries and institutions, and employers’ and workers’ organizations; and shall encourage the establishment of EEO task forces at the provincial level. The Committee notes that tripartite consultations and capacity building of the Task Force members was organized in 2013, during which the implementation of the following strategic objectives were discussed: increasing public awareness (training and education) and knowledge, including research, on equality and non-discrimination; strengthening advisory services to government agencies regarding discriminatory laws, regulations and practices; and strengthening law enforcement mechanisms (including mediation and conciliation) with respect to discrimination and equality. The Committee hopes that the National EEO Task Force will be instrumental in the achievement of the objectives of the Convention, and asks the Government to provide information on the action plan and activities of the Task Force undertaken to formulate, promote and implement EEO programmes. It also asks the Government to provide information on any steps taken by the Task Force with a view to the establishment of EEO task forces at the provincial level, and the results achieved. Please also provide information on any further capacity-building activities organized for its members.

Equality of opportunity between men and women. The Committee notes that according to the labour force survey of the National Statistics Bureau, in May 2013, the labour force participation of women was 53.26 per cent while the labour force participation of men reached 85.31 per cent. Informal employment for women reached 40.1 per cent, and of those women who work, unpaid workers represented 30.11 per cent in May 2013. The Committee notes from the data provided by the Government that the participation rate of women in various economic sectors decreased from 39.2 per cent in February 2011 to 37.66 per cent in August 2012. Women also continue to be concentrated in agriculture, forestry, hunting and fishing (37 per cent); processing industries (41.5 per cent); wholesale, retail, restaurant and hotel (50.1 per cent); and social services (46.78 per cent). Women continue to be underrepresented in leadership and management positions (16.31 per cent), and the Committee notes that informal employment is high in those sectors in which women are highly represented, in particular the agriculture, forestry, hunting and fishing sector and the wholesale, retail, restaurant and hotel sector. The Committee also notes from a study in East Java undertaken in the context of the ILO project “MAMPU – Access to employment and decent work for women” the high number of women among homeworkers. The Committee noted in the past that despite the progress made in education with participation rates of men and women almost reaching parity, gender segregation in skills training appeared to persist. The Committee had requested the Government to take measures to promote equal opportunities for men and women to access a wider range of educational and vocational training courses, and employment opportunities, including higher level posts. The Committee notes the statistical information on the participation of men and women in vocational training in 2012, which, however, do not allow an assessment to be made in this regard. The Committee asks the Government to indicate the specific measures taken, in cooperation with the social partners, to address occupational sex segregation and skills segregation, and to promote women’s access to a wider range of vocational training courses and occupations, including those traditionally reserved for men, and provide information on the results achieved. Please continue to seek and provide comprehensive statistical information, disaggregated by sex, on the labour force participation rates in the various sectors and occupations in the formal and informal economies, and on the number of men and women participating in vocational training and education, specifying the type of courses attended.

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

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

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.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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, in accordance with the Convention. The Human Rights Act prohibits in a general manner direct and indirect discrimination based on a number of grounds, including social origin. The Committee notes that Act No. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination and its explanatory notes, read together, appear to define and eliminate direct and indirect discrimination based on race and ethnicity and provide equal treatment in the civil, political, economic, social and cultural fields (sections 1, 4 and 9). The Committee further notes the general information in the Government’s report that the guidelines on equal employment opportunity have been promoted in a number of regions, but that no court decisions relating to discrimination have been issued; cases submitted have been resolved by the mediator before reaching court. While welcoming the legislative developments regarding racial and ethnic discrimination, the Committee remains unclear about the precise protection provided against discrimination in sections 5, 6, 32 and 153(i) of the Manpower Act and whether these would provide effective protection against both direct and indirect discrimination in accordance with the Convention. The Committee requests the Government to provide information on the practical application of sections 5, 6, 32 and 153(i) of the Manpower Act No. 13/2003, the Act concerning the Elimination of Racial and Ethnic Discrimination 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, or decisions handed down by the courts with respect to discrimination in workers’ access to vocational training, employment and to particular occupations, and terms and conditions of employment, as well as the sanctions imposed and remedies provided. Please also provide information on the practical impact of the measures taken to promote and raise awareness about the guidelines on equal employment opportunities and the national legislative framework concerning equality, among government officials, workers, employers and their organizations.

Sexual harassment. The Committee recalls that Chapter XIV of the Criminal Code is unlikely to be sufficient to provide adequate and effective protection against all forms of sexual harassment (quid pro quo and hostile environment) at work. While taking note of the Government’s statement regarding section 35(3) of Manpower Act, the Committee notes that this provision is specific to placement of workers and does not cover all aspects of employment and occupation. The Committee further notes that, with the assistance of the ILO and in cooperation with the social partners, the Ministry of Manpower and Transmigration is developing a code of practice on sexual harassment in the workplace and implementation guidelines. The Committee requests the Government to provide a copy of the code of practice and its implementation guidelines, once finalized, as well as any information on the action taken to promote its use in the public and private sectors. The Committee encourages the Government to give serious consideration to amending the Manpower Act or to adopting legislation with a view to protecting workers more effectively against all forms of sexual harassment at work.

Discrimination on the ground of religion. Noting the absence of further information in the Government’s report regarding the manner in which workers of faiths other 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 and are not discriminated against in this regard, the Committee urges the Government to supply information on this matter in its next report.

Article 2. Access to employment and occupation, vocational training and education. The Committee notes from research carried out by the Ministry of Women’s Empowerment and Child Protection that between 2004 and 2008, the labour force participation rate of women slightly increased from 49.2 to 51.1 per cent while it slightly decreased for men from 86 to 83.5 per cent. The additional female labour force was absorbed in sectors which have been traditionally employing women, such as trade, agriculture or industry. However, women appear to be more economically active in the informal economy, and as unpaid family workers. The increase in women’s labour force participation rate has not necessarily led to an improvement in their employment status. The Committee further notes the statistics provided by the Government on the number of training programmes conducted between 2005 and 2008, which, however, do not indicate whether any progress is being made regarding equal opportunities of men and women to access and participate in a wider range of educational and vocational training courses, leading to better paid jobs. The Committee requests the Government 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 supply information on any measures taken or envisaged to address existing inequalities in women’s access to higher education and employment, and on the impact of such measures on women’s opportunities to access a wider range of occupations.

Equal employment opportunity guidelines. The Committee notes, with interest that equal employment opportunities (EEO) assessments have been conducted in many subsectors of the economy, which resulted in the adoption of EEO guidelines specific to the beverages and garment subsectors. The Committee asks the Government to provide information on the practical impact of the EEO guidelines developed in the beverages and garment sectors, and on the measures taken to extend the initiative to all economic sectors. The Committee reiterates its request to the Government to provide information on measures taken, in cooperation with the social partners, to extend the application of the Equal Employment Opportunities (EEO) Guidelines of 2005 to grounds other than sex, referred to in the national legislation and Article 1(1)(a) of the Convention.

Article 4. Activities prejudicial to the security of the State. The Committee reiterates its requests to the Government to provide information on progress made in the collection of statistical data on cases of convictions related to the provisions in the Criminal Code penalizing both the dissemination and the development of “Communism/Marxism–Leninism in all their forms and manifestations”. Please also clarify its implications on equal opportunity and treatment in employment and occupation with respect to political opinion.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination on the grounds of race, colour and national extraction – Transmigration programmes. In previous observations, the Committee has been requesting the Government to take steps to examine the situation of alleged racial discrimination against indigenous peoples in Papua and Kalimantan, and to indicate the measures taken to ensure that there is no discrimination in employment and occupation on the basis of race, colour or national extraction, particularly in the implementation of transmigration programmes. The Committee notes with interest the adoption of Act No. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination which defines and aims to eliminate racial and ethnic discriminatory action with respect to civil, political, economic, social and cultural rights, and imposes a number of obligations on national and regional governments regarding the effective protection and elimination of racial and ethnic discrimination. Under the Act, the National Human Rights Commission (Komnas HAM) is responsible for supervising efforts aimed at eliminating all forms of racial and ethnic discrimination. Such supervision may include, among others, the monitoring and assessment of government policies considered a potential cause of racial and ethnic discrimination, the fact-finding and evaluation of alleged racial or ethnic discriminatory actions by individuals, communities or government, and the monitoring and assessment of government and community action in eliminating such discrimination. With regard to the alleged discriminatory impact of transmigration programmes on certain groups of the local population in Papua and Kalimantan, the Committee notes the Government’s general statement that the integration of transmigrants into the local population is carried out through equal treatment, services, rights and obligations in the field of arts, religion and social and economic institutions. The Committee requests the Government to provide information on the practical application of Act No. 40 of 2008, including any relevant administrative and judicial decisions. In this regard, please also indicate the action taken by the Komnas HAM to monitor the effectiveness of government policies aimed at eliminating racial and ethnic discrimination or to examine any alleged discriminatory impact of government assisted or independent transmigration on indigenous peoples in Papua and Kalimantan. The Committee further requests the Government to indicate any other action taken or envisaged, at national and regional level, 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 secured by such action, in accordance with Article 3(f) of the Convention.

Discrimination based on political opinion. For a number of years the Committee has sought clarification from the Government regarding section 18(i) of the Recruitment of Civil Servants, Government Regulation No. 98/2000 dated 10 November 2000 which provides that civil servants are to be dismissed upon becoming members and/or leaders of political parties, and section 8 of the Civil Servants who are Members of Political Parties, Government Regulation No. 5/1999 dated 26 January 1999, which provides for dismissal of civil servants on the same basis.  The Committee notes that in its latest report the Government explains that the prohibition for civil servants to become or to be members of a political party is justified due to the need for public servants to remain neutral and fair and independent from politics. The Committee notes that the new Act on Political Parties No. 2 of 2008 provides that citizens of Indonesia who are 17 years of age or over can become a member of a political party, and that membership of a political party is voluntary, open and non-discriminatory to Indonesian citizens (section 14). The Committee recalls that under the Convention, 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). 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 implementing government policy, it is not compatible with Article 1(2) of the Convention for such conditions to be laid down generally for all civil service employment. In this regard, the Committee draws the attention of the Government to paragraph 122 of the Special Survey of 1996 on equality of opportunity and treatment in employment and occupation, and requests the Government to amend Regulation No. 98/2000 and Regulation No. 37/2004 to ensure workers are not discriminated against based on their political opinion.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls its previous concerns that Chapter XIV of the Criminal Code is unlikely to be sufficient to provide adequate protection against all forms of sexual harassment in the workplace. The Committee notes that the Government states that some measures have been introduced with a view to reducing the risk of sexual harassment in the workplace, such as improved lighting, separate restrooms for women and men, and the establishment of occupational safety and health committees. The Committee, however, notes that the Government’s report does not include any further information on steps taken to improve legal protection against sexual harassment. The Committee again encourages the Government to revise or adopt legislation for the purpose of explicitly defining and prohibiting sexual harassment at work, and providing adequate protection and complaint mechanisms to victims of such practices. The Committee also reiterates its request that the Government provide information on the measures taken or envisaged to implement the section of the Equal Employment Opportunity (EEO) Guidelines, concerning sexual harassment, and the results so far achieved. The Committee also invites the Government to provide information on the monitoring activities of the occupational safety and health committees and the results achieved in addressing sexual harassment at the workplace.

2. Discrimination on the ground of religion. With regard to its previous request for information on whether consideration was being given to extending special allowances before religious holidays also to workers of faiths other than the five recognized ones (i.e. Islamic, Christian, Hindu, Kong Hu Chu and Buddhist faiths), the Committee notes that the Government again indicates that Ministerial Regulation No. PERMEN 04/1994 concerning religious holidays with allowance has been promulgated. The Government also states that this Regulation is well accepted by every company in Indonesia. Unfortunately, the information so far provided by the Government does not address the concerns expressed by this Committee with respect to the discrimination which is ultimately suffered by workers of faiths other than the recognized ones. The Committee therefore asks the Government how workers of faiths other than those covered by Ministerial Regulation No. PERMEN 04/1994 are protected against discrimination. The Committee also invites the Government once again to consider introducing specific provisions or amending the existing ones so as to ensure that all workers, regardless of their faith, can benefit from allowances before religious holidays.

3. Discrimination on the ground of political opinion. The Committee recalls its previous comments on 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), and notes the Government’s indication that government officials or civil servants, including police and military, who wish to become “political appointees” have to resign from their jobs because of the prohibition of double jobs or occupations. The Committee once again refers to paragraph 57, of the General Survey of 1988 on equality of opportunity and treatment and asks the Government to clarify whether the category of “political appointee” mentioned in the Government’s report also encompasses the members of a political party.

4. Article 2. Equality between men and women in employment and occupation. The Committee notes from the Government’s report that pursuant to Law No. 13/2003 concerning manpower, in particular articles 76–83 regulating access to labour market for every citizen, no distinction is made between men and women in obtaining and resigning from any jobs or occupations according to their own choices. Nonetheless, the Committee reminds the Government that in order to guarantee the full application of the Convention in the country, the absence of discrimination in law is not sufficient and the adoption of proactive measures may be required. In the absence of any further information on this point, the Committee reiterates its request to  the Government to supply information on the measures taken or envisaged to address existing inequalities in women’s access to higher education and employment, and on the impact of such measures on women’s actual access to and position in the labour market.

5. Article 3(a). Cooperation with social partners. The Committee notes from the Government’s report that according to the new policy introduced in the country any initiative concerning employment shall be discussed through a tripartite body mechanism. The same procedure has indeed been followed for the adoption of the EEO Guidelines. The Committee asks the Government to keep it informed on the functioning of this tripartite body mechanism and reiterates its request for information on the involvement of the social partners in the implementation of the EEO Guidelines.

6. Article 3(e). Equal access to vocational training. The Committee notes the Government’s indication that pursuant to Law No. 13/2003 concerning manpower, notably article 32 which deals with training and apprenticeship, men and women have the same opportunity to obtain training. The Committee reiterates its request to the Government to provide information on the practical application of these provisions as regards the participation of men and women in training and education in different disciplines, including statistics disaggregated by sex.

7. Article 4. Activities prejudicial to the security of the State. The Committee refers to its previous comments on the amendment to the Criminal Code penalizing both the dissemination and the development of “Communism/Marxism – Leninism in all their forms and manifestations” and notes the Government’s indication that a programme will be set up to collect statistical data on cases of convictions under this law. The Committee asks the Government to supply this data as soon as it is available. Please also provide information on the implications of this law on equal opportunity and treatment in employment and occupation, with respect to political opinion.

8. Article 5. Special measures. Indigenous peoples. Further to its observation, the Committee notes the Government’s indication, included in the report submitted to CERD in 2007, that there are regulations on the protection of indigenous peoples (UN Doc. CERD/C/IDN/3, paragraph 62). In particular, the report emphasizes that article 28(1) of the 1945 Constitution guarantees full respect for the rights of indigenous peoples (paragraph 64). It also notes from the same report that Indonesia is preparing new legislation to provide better protection and treatment for all ethnic groups. The Committee asks the Government to keep it informed of any measures taken or envisaged to address discrimination suffered by indigenous peoples in employment and occupation. The Committee also reminds the Government of the availability of ILO technical assistance in preparing the new legislation.

9. Part IV of the report form. The Committee takes note of the Government’s statement that it has no intention of revising article 153 of Act No. 13/2003 concerning manpower, despite this Committee’s suggestion to amend such article so as to provide for sanctions in the event of its violation. The Committee also notes the Government’s indication that information on the implementation of this law will be provided in the next report. The Committee looks forward to this information and in the meantime invites the Government to provide information on any judicial or administrative decisions relevant to the Convention.

10. Part V. Statistics. The Committee notes from the Government’s report that no statistical data on the participation in the various sectors of employment and occupations, disaggregated by sex, race, colour and religion, are available but that the Government will make every effort to provide this information in its next report. The Committee hopes that the Government will provide in its next report statistical data disaggregated by sex, race, colour and religion, on the participation of men and women in the various sectors of employment and occupations as well as in vocational training in order to enable the Committee to better assess the steps taken and progress made under the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Definition and prohibition of direct and indirect discrimination in national legislation. The Committee refers to its previous observation concerning Act No. 13/2003 and its lack of a clear definition of indirect and direct discrimination covering all the grounds and all the aspects of discrimination in employment and occupation as contemplated by Article 1 of the Convention. The Committee notes from the Government’s report that a circular letter has been issued by the Minister of Manpower and Transmigration (No. SE/60/MEN/SJ-HK/2006), dated 10 February 2006, regarding Guidance of Equal Employment of Opportunity and Treatment in Jobs and Occupation in Indonesia containing a clear definition of direct and indirect discrimination. The Committee also notes that this circular has so far been promoted in three Indonesian provinces, namely Kepulauan Riau, West Java, and East Java. During the year 2007, the Government is expected to extend this promotion also to other provinces with a view to covering all Indonesian regions. The Committee asks the Government to keep it informed on the initiatives taken or envisaged to extend the promotion of the circular letter regarding Guidance on Equal Employment of Opportunity and Treatment in Jobs and Occupation to all Indonesian regions and would appreciate receiving a copy of this instrument as well as information on its implementation.

2. Discrimination on grounds of race, colour and national extraction. The Committee refers to its previous observation on the allegations made by the International Confederation of Free Trade Unions (ICFTU), now International Trade Union Confederation (ITUC), regarding the discrimination suffered by indigenous peoples as a result of transmigration of certain ethnic groups in the Papua and Kalimantan regions. It notes that the Government reiterates its previous argument that under the current government Transmigration Programme, transmigration is regulated so as to benefit both the local communities and the transmigrated people. The Government also states that it is still waiting for more factual information regarding what has occurred in Papua and Kalimantan. The Committee notes in this context the concerns expressed by the Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations that in the Kalimantan region a high number of conflicts arise each year between local communities and palm oil companies as well as between the Dayak and the Madura ethnic groups in Palangkaraya, Central Kalimantan, as a result of past and present transmigration programmes (CERD/C/IDN/CO/3, paragraphs 17 and 18, 15 August 2007). The CERD also noted, however, that a draft law on the elimination of racial and ethnic discrimination was under consideration (paragraph 14). The Committee further notes from the Government’s report that the Ministry of Manpower and Transmigration has established an action plan on equal employment opportunity through a circular letter which it has promoted in strategic regions of Indonesia. The Committee also recalls the adoption of the National Plan of Action on Human Rights for 2004–09 (Decree No. 40/2004), but has not been provided with any information on the implementation of this plan. The Committee asks the Government to supply information on the scope, the extent of implementation and any measurable outcomes of the action plan on equal employment opportunity established by the Ministry of Manpower and Transmigration, as well as of the National Plan of Action on Human Rights, notably as regards the elimination of discrimination on the basis of race, colour and national extraction in employment and occupation. The Committee would also appreciate receiving information on the draft law on the elimination of racial and ethnic discrimination and hopes that the Government will take the opportunity to incorporate in the draft legislation a specific provision prohibiting all the aspects of discrimination in employment and occupation as provided by the Convention. Finally, the Committee reiterates its previous requests to the Government: (a) to take steps to examine the situation of alleged race discrimination in Papua and Kalimantan and to indicate the results obtained in this regard; and (b) to indicate in its next report the concrete measures taken at national and regional levels to ensure that there is no employment discrimination on the abovementioned grounds in the implementation of the transmigration programme.

3. Discrimination on the ground of sex. The Committee recalls its previous observation on discrimination suffered by women on the ground of maternity. It notes the information provided by the Government concerning the legislative provisions prohibiting dismissal relating to pregnancy and childbirth. The Government indicates in this regard that Ministerial Regulation No. PER/03/MEN/1989 concerning termination of employment prohibits dismissal of a “married couple” relating to pregnancy or childbirth. The Government also states that similar provisions shall be inserted in the individual labour contract, company regulations and collective agreements, and that labour inspectors are required to monitor the application of these provisions. The Committee points out that under the Convention, the protection against discrimination based on sex, including pregnancy, applies to all women regardless of whether they are married or not. The Committee asks the Government to provide a copy of Ministerial Regulation No. PER/03/MEN/1989 and urges it to amend the Regulation so as to ensure that all women are protected against dismissal relating to pregnancy or childbirth. In the absence of any further information on the effective enforcement of the legislative provisions concerning maternity, the Committee must reiterate its previous request to provide information on the activities of the labour inspectorate, such as the number of inspections carried out in relation to discrimination in employment, particularly on the ground of maternity, and the results thereof, violations reported, penalties imposed and relevant cases brought before the courts.

4. Article 2. Promoting equality of opportunity between men and women. The Committee refers to its previous observation concerning the implementation of the Equal Employment Opportunity (EEO) Guidelines (2005) which it noted with interest, and notes from the Government’s report that it is providing technical guidance and carrying out assessments on equal treatment in employment and occupation in a number of companies. The Committee would appreciate receiving further details on the initiatives so far taken, and their practical impact, and on any other initiatives in this regard. The Committee further reiterates its request to the Government to provide information on the steps taken or envisaged to extend the application of the EEO Guidelines to the other grounds referred to in the national legislation and Article 1(1)(a) of the Convention.

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

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

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.

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

1. Article 1 of the Convention. Definition and prohibition of direct and indirect discrimination in national legislation. The Committee recalls its previous observation, in which it welcomed the provisions of the Manpower Act (No. 13 of 2003), in particular sections 5, 6 and 32, prohibiting discrimination. It also recalled that the Human Rights Act of 1999 provided for a general prohibition of direct and indirect discrimination on the basis of race, sex, religion, political opinion, national extraction and social origin. At the same time, the Committee expressed concern over the lack of specificity in the Manpower Act on the elaboration of specific grounds and the absence of a clear definition of discrimination in employment and occupation. While noting the Government’s statement that the meaning of discrimination in the abovementioned sections has been derived from Act. No. 21/1999 concerning the ratification of Convention No. 111, the Committee requests the Government to take the necessary measures to amend Act No. 13/2003 or to issue regulations with a view to incorporating a clear and comprehensive definition of direct and indirect discrimination covering all the grounds and all aspects of employment and occupation in accordance with Article 1 of the Convention. It requests the Government to provide detailed information on the progress made in this regard in its next report.

2. Discrimination on grounds of race, colour and national extraction. In its previous observation, the Committee expressed concern regarding the allegations made by the International Confederation of Free Trade Unions (ICFTU) in its communication of 25 June 2003 that transmigration of certain ethnic groups had resulted in discrimination of indigenous groups in public sector employment, especially in the Papua and Kalimantan regions. The Committee notes in this regard the Government’s reply indicating that, to avoid discrimination between local and transmigrants regarding their opportunities to obtain a better life and income, the employment opportunities provided by the transmigration programme are intended to benefit both the transmigrants and the local population. The Government further states that it cannot comment on race discrimination in Papua and Kalimantan due to the limited information provided in this regard by the ICFTU. The Committee recalls the seriousness of the allegations made and regrets the lack of additional information in the Government’s report regarding the specific measures undertaken to address and eliminate discrimination on grounds of race, national extraction and colour at the regional level in public and private employment and particularly in Papua and Kalimantan. It urges the Government: (a) to take steps to examine the situation of alleged race discrimination in Papua and Kalimantan and to indicate the results obtained in this regard; (b) to indicate in its next report the concrete measures taken at national and regional levels to ensure that there is no employment discrimination on the abovementioned grounds in the implementation of the transmigration programme; and (c) to provide detailed information on any other action taken to address and eliminate discrimination in public and private employment on the basis of race, national extraction, colour and religion in accordance with Articles 2 and 3 of the Convention.

3. Discrimination on the ground of sex. Recalling the ICFTU’s allegations concerning discrimination against women due to maternity, the Committee notes the information provided by the Government that the labour inspectorate ensures the enforcement of the maternity protection provisions of Act No. 13/2003 through preventive actions (education, awareness raising), non‑judicial action (warnings) and judicial action (referral of a case to court). The Committee asks the Government to provide with its next report additional information on the action taken by the labour inspectorate, such as the number of inspections carried out in relation to discrimination in employment, particularly on the ground of maternity, and the results thereof, violations reported, penalties imposed and relevant cases brought before the courts. Please also provide information on any other measures taken or envisaged to address and eliminate discrimination on the ground of maternity.

4. Article 2. Promoting equality of opportunity between men and women. The Committee notes with interest the launching of the Equal Employment Opportunity Guidelines on 8 December 2005, which were formulated with the assistance of the ILO and in consultation with the employers’ and workers’ organizations. The Guidelines provide direction and guidance to private sector enterprises regarding the implementation of the principle of equal opportunity and treatment between men and women in employment and occupation, and constitute an important step for the elimination of discrimination against women. The Committee further notes that the Tripartite Agreement on the Guidelines contains a commitment to continue to develop the Guidelines on other grounds of discrimination, pursuant to sections 5 and 6 of Manpower Act No. 13/2003. The Committee requests the Government to provide in its next report information on the following: (a) the steps undertaken to implement these Guidelines and to disseminate information about their content and objectives among employers and workers; and (b) the steps taken or envisaged to extend the application of the Guidelines to the other grounds referred to in the national legislation and Article 1(1)(a) of the Convention.

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

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

The Committee notes the information in the Government’s reports and requests the Government to provide information on the following points.

1. The Committee refers to its general observation and notes that the Government report contains no information in reply. It further notes that the Manpower Act does not contain a prohibition on sexual harassment in employment and vocational training. It requests the Government to consider adopting some form of protection against sexual harassment though legislation, or otherwise, incorporating the aspects contained in its general observation. Please provide information on any efforts undertaken in this regard.

2. Article 1 of the Convention. Further to its observation on the Manpower Act of 2003, the Committee notes that section 11 of the Act accords the right to all persons to acquire job competence, and section 12 of the Act, accords a similar right of further job training to employees, but it observes that these sections do not prohibit discrimination in such training. It asks the Government to indicate whether these Articles are intended to guarantee equal opportunity in vocational training for all, and also whether it is considering amending these sections to include a non-discrimination provision.

3. Further to its comments concerning the legislative measures that discriminate against women, the Committee notes that the Government, in its report, has indicated that sections 31(3) and 34(1), of the Marriage Law Act providing that the husband is the head of the household and provider of the family, "accommodated the Indonesian people’s social value". The Committee asks the Government to review the impact that these provisions have on equal employment opportunity for women and make appropriate changes in light of the laws, regulations and policies that have been adopted in Indonesia to prohibit gender discrimination.

4. The Committee notes that the Regulation of the Minister of Manpower No. PER-04/MEN/1994 and a recent revision allow workers of the Islamic, Catholic, Protestant, Hindu, Kong Hu Chu and Buddhist faiths to receive allowances paid by employers before certain religious holidays. It asks the Government to provide information on the manner in which it extends such benefits to workers of other faiths.

5. The Committee also notes that the Regulation on Recruitment of Civil Servants (No. 98/2000) provides that "would-be" civil servants are to be dismissed upon becoming members of boards or political parties, while Section 8 of the Regulation on Civil Servants Who Are Members of Political Parties (No. 5/1999) provides for dismissal of civil servants on the same basis. It requests the Government to provide detailed information on the application of these provisions, including the meaning of the term "political party member" and the number of persons who have been dismissed or excluded from public service for being a member or leader of a political party. The Committee notes that a Bill on Political Parties (No. 2 of 1999) has been enacted, and requests that a copy is forwarded to the Office.

6. Article 2. The Committee notes with appreciation the Government’s frank acknowledgements that "social attitudes and prejudices in the family, the education system, the workplace, society and the mass media and political life continued to hinder women’s full participation", that there are relatively few women in top positions in either the private or public sector, and that women are over-represented among service workers and under-represented among administrative and managerial workers. It also welcomes the publication of labour force statistics that bear these concerns out. It requests the Government to indicate whether it is undertaking any educational or sensitivity programmes to promote a greater understanding and appreciation for equal opportunity and treatment in employment and to report on any such efforts.

7. The Committee notes with interest the Government’s efforts with respect to gender mainstreaming (including the Presidential Instruction Concerning Gender Mainstreaming (No. 9/2000)). The Committee would be grateful if the Government would provide information, on the work of the National Commission of the Status of Women (KNKWI), the Office of the Minister of State for the Role of Women (MRW) and concerning protection from discrimination and the promotion of equality in employment and occupation. It also notes that the Ministry of Labour is developing a Plan of Action and hopes that the Government will be able to report on the Plan’s adoption and implementation in its next report.

8. Further to its previous comments on the Human Rights Act, the Committee requests the Government to provide information on how this Act’s provisions are being applied and enforced in practice with respect to employment and occupation. The Committee notes that the term of the National Action Programme of Indonesian Human Rights (1998-2003) is about to expire. Noting that the activities of the Plan were to be directed to empowering women, including monitoring and reporting, the development of women study centres, the development of appropriate legislation, as well as the promulgation of administrative measures (including the development of general guidelines on the protection of rights of women workers, with particular reference to ILO standards), the Committee requests the Government for information as to any such activities that involve equal employment opportunities or the elimination of employment discrimination against women.

9. The Committee notes that the mandate of the Indonesian National Commission of Human Rights is to conduct studies and other research, and to counsel, monitor and mediate with respect to human rights issues. It asks the Government for details as to any activities of this Commission that relate to issues of equal employment opportunity and the elimination of employment discrimination.

10. Article 3. The Committee notes with appreciation that the Act Concerning Manpower provides for a range of cooperative efforts between employers’ and workers’ organizations, sometimes with the participation of public bodies (bipartite and tripartite institutes), and requests the Government to provide ongoing information regarding actions taken to promote the application of the Convention.

11. Article 4. The Committee notes that the Amendment to the Criminal Code in Relation to Crime Against State’s Security (No. 27/1999) criminalizes both the dissemination or development of "Communism/Marxism-Leninism in all their forms and manifestations", and the creation of any organizations committed to such principles. It notes that the Government has not yet been able to provide 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 and treatment in employment, and it asks the Government to continue its efforts to provide such information.

12. Article 5. Given the adoption of the Manpower Act, the Committee asks the Government to confirm that all earlier legislative provisions restricting night work for women have been repealed. Please also indicate whether section 9 of the Labour Act (1948) which provides that "Women may not perform work which may endanger their health or well-being" has been repealed. The Committee would be grateful if the Government would provide a list of all protective measures that are currently in effect for women workers.

13. Part IV of the report form. The Committee notes that the Manpower Act contains only administrative sanctions in the event of violations of its sections 5 and 6, and that it provides no sanction at all with respect to violations of section 153. It asks the Government if it intends to amend the Act so as to provide criminal sanctions for those committing discrimination in employment or vocational training on any of the Convention’s grounds. It also requests the Government to provide judicial or administrative decisions relevant to the application of the Convention.

14. Part V. In view of these concerns, the Committee asks the Government to continue to provide statistical information as to all aspects of the employment situation of women, including their participation in vocational training, their promotion and dismissal rates, and their relative distribution across sectors and their vertical distribution within sectors. In addition, the Committee encourages the Government to expand the scope of its statistical work, to collect new data disaggregated by race, colour and religion, on all aspects of the employment and vocational training situation as regards such groups.

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

1. The Committee notes the communication received from the International Confederation of Free Trade Unions (ICFTU), dated 25 June 2003, on the application of Conventions Nos. 100 and 111, which it has partially set out under Convention No. 100. It also notes the reply of the Government, received on 3 November 2003. Specifically in relation to Convention No. 111, the ICFTU communication draws attention to the omission of specific grounds of discrimination in the provisions of the Constitution and in the newly adopted Act No. 13 of 2003 on manpower. The ICFTU also alleges that transmigration of certain ethnic groups results in discrimination of indigenous groups in public sector employment. In this regard it points to reports of discrimination coming out of Papua and Kalimantan. The ICFTU also alleges that migrant workers leaving the country are subject to discrimination and other forms of mistreatment both in destination countries and in Indonesia.

2. The Government replies that sections 5 and 6 of the Manpower Act prohibit discrimination and that employers should protect the rights and obligations of workers without any discrimination in terms of race, sex, religion, colour or politics; thus they disagreed with the ICFTU’s assertion.

3. The Committee notes that article 281 of the Constitution accords the right to be free of "discriminative treatment on any grounds". Sections 5 and 6 of the Manpower Act provide for equal opportunity and treatment and freedom from discrimination in employment, and section 32 provides for equal opportunity without discrimination in job placement. None of these provisions define the term discrimination nor do they include and prohibit the specific grounds of discrimination contained in the Convention. The Committee does note that the "Explanatory notes on the Act of the Republic of Indonesia No. 13 of the year 2003 concerning labour" contain a list of grounds upon which discrimination is prohibited and that these cover most of the grounds in the Convention with the exception of social origin, and possibly national extraction. It also notes that Section 158 of the Manpower Act prohibits dismissal of workers based on difference in belief, religion, political orientation, ethnicity, colour, race, sex, physical condition or marital status. The Committee recalls that the Human Rights Act of 1999 prohibits direct and indirect discrimination on, among many other grounds, race, sex, religion, political opinion, national extraction and social origin. The Committee had previously noted that this Act provided a broad framework for the application of the principles and rights laid down in the Convention.

4. While welcoming the broad provisions on the prohibition of discrimination contained in the new Manpower Act, the Committee is concerned over the lack of specificity in the elaboration of specific grounds and the lack of a definition of discrimination in accordance with the Convention. Noting from the document entitled "Notes on the Manpower Act" that sections 5 and 6 of the Manpower Act are intended to cover a number of specific grounds, the Committee urges the Government to consider amending the Act, or otherwise clarifying through regulation or guidelines the precise protection provided under these sections. It asks the Government to ensure that such amendment or clarification be in conformity with the Convention - which means that both direct and indirect discrimination on grounds of race, sex, national extraction, colour, social origin, political opinion and religion should be prohibited.

5. With respect to the allegations of ethnic-based discrimination, the Committee notes that the Government does not provide any information. The Committee considers these allegations to be serious and requests the Government to provide information in its next report on the measures undertaken to address and eliminate discrimination on grounds of race, national extraction, colour and religion at regional level in public and private employment. In particular, it asks the Government to provide information on the specific actions taken to address the situation in Papua and Kalimantan.

6. The ICFTU also alleges discrimination against women in practice based on non-application of maternity protection provisions. The Government replies that maternity protection is provided in the new Manpower Act and sanctions for violations are set out in section 186 of the said Act. The Committee requests the Government to ensure the enforcement of these provisions in practice and the implementation of sanctions for their violation and to report on the manner in which it has done so.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the first report of the Government.

1. Article 1(1) of the Convention. The Committee notes that the Constitution and the newly adopted Human Rights Act prohibit direct and indirect discrimination on, among many other grounds, race, sex, religion, political opinion, national extraction and social origin. It further notes the National Action Programme of Indonesian Human Rights (embodied in Presidential Decree No. 129/1998, dated 15 August, 1998), which indicates that the Government intends to "develop general guidelines on the protection of rights of female workers by referring to the basic standards of the ILO". Noting that these measures provide a broad framework for the application of the principles laid down in the Convention, the Committee asks the Government to provide information on how these provisions are being applied and enforced in practice with respect to employment and occupation. Please also provide detailed information on the development of the general guidelines on women workers.

2. The Committee takes note that a Bill entitled "An Act of the Republic of Indonesia concerning Manpower Development and Protection" is now being considered by Parliament, and that Chapter III of the Bill contains a section on "Equal opportunities". The Bill prohibits discrimination in job recruitment, job training and job placement, and provides for equality of treatment. The Committee asks the Government to keep it informed of the status of the Bill and to send a copy to the Office once it is adopted.

3. Discrimination on the basis of sex. The Committee notes that some legislative measures continue to perpetuate the attitudinal barriers and cultural norms that entrench women in a subsidiary role to men. In particular, it notes that sections 31(3) and 34(1) of the Marriage Law Act state that the husband is the head of the household and provider of the family, and that sections 109 and 1601f of the Civil Code as well as Ministerial Regulation No. 4/MEN/1989 implementing Ordinance of 17 December 1925 on measures limiting child labour and night work for women oblige women to obtain the consent of their husband or parents to enter into labour agreements or to engage in night work. Recalling that in its General Survey of 1988 on equality in employment and occupation, the Committee said that "equality in employment cannot be fully achieved within a general context of inequality", it asks the Government to review the combined effect of the legislation and the ministerial regulation in light of the principle of equality and the application of the Convention.

4. The Committee takes note that a Bill on political parties is now being debated in Parliament. Article 7(e) of the Bill states that the recruitment process for political positions is to be governed by democratic mechanisms that take into consideration gender equality and fairness. Another Bill on domestic violence, which is also under consideration by Parliament, seeks to protect household members - including domestic helpers - from all forms of domestic violence including physical, psychological, economic and sexual violence. The Committee asks the Government to keep it informed of the status of these Bills and to provide a copy to the Office once they are adopted.

5. Discrimination on the basis of religion. The Committee notes that section 1(e) of Regulation of the Minister of Manpower No. PER-04/MEN/1994 dated 16 September 1994, allows workers of Islamic, Catholic, Protestant, Hindu and Buddhist faith to receive allowances paid by employers before certain religious holidays. Noting that this provision covers specified faiths, the Committee asks the Government to provide information on the manner in which it extends such benefits to workers of other faiths.

6. Discrimination on the basis of political opinion. The Committee notes that section 18(i) of the Recruitment of Civil Servants, Government Regulation No. 98/2000 dated 10 November 2000 provides that "would-be" civil servants are to be dismissed upon becoming members and/or leaders of political parties and that section 8 of the Civil Servants who are Members of Political Parties, Government Regulation No. 5/1999 dated 26 January 1999, provides for dismissal of civil servants on the same basis. The Government is requested to provide detailed information, in its next report, on the application of these provisions, including the meaning of the term "political party member" and the number of persons who have been dismissed or excluded from public service for being a member or leader of a political party.

7. Discrimination on the basis of race, religion, national extraction or social origin. Noting that no information has been provided in this regard, the Committee asks the Government to include, in its next report, specific information on the manner in which it ensures, in law and practice, the protection against discrimination in employment and occupation on the basis of race, national extraction, religion and social origin.

8. Article 4. The Committee notes the Amendment to the Criminal Code in relation to crime against State’s security (Law No. 27, 1999) dated 19 May 1999, which criminalizes the establishment, by anyone, of any organization known or deemed to adhere to the Communist/Marxist-Leninism teachings in whatever form and manifestation, the assistance to such organization, and the dissemination of any kind of Communist/Marxist-Leninist propaganda. The Committee asks the Government to provide statistical data on the number of persons convicted under this law so far, and any implications it has on equal opportunity and treatment in employment.

9. Article 5. The Committee notes that the (Dutch) Ordinance on measures limiting child labour and night work for women, adopted on 17 December, 1925 is still in force and prohibits night work for women in all sectors, unless otherwise authorized by licence issued by the Directorate for Development of the Labour Protection Standards, Department of Manpower. It also notes that article 8 of the Labour Act (1948), as implemented by Government Regulation No. 4/1951, prohibits women from working in mines, pits and other mining places and makes it unlawful to employ women in work that is hazardous to their health, safety and morality. With reference to the ILO resolution of 1985 on equality of opportunity and treatment for men and women workers in respect of employment, the Committee invites the Government to re-examine these provisions, in consultation with the social partners and in particular with women workers, with a view to determining whether it is still necessary to forbid women access to certain occupations in the light of the development of scientific knowledge and equality of opportunity and treatment. The Government is also requested to keep it informed of the progress resulting from the re-examination of the legislation.

10. Part III of the report form. The Committee asks the Government to supply information on the activities of the National Commission on Human Rights (Komnas HAM), the National Commission of the Status of Women (KNKWI), the Office of the Minister of State for the Role of Women (MRW) and other responsible bodies as regards protection from discrimination and the promotion of equality in employment and occupation.

11. Part IV of the report form. The Government is requested to provide judicial or administrative decisions relevant to the application of the Convention.