Since the ratifications of all core ILO Conventions in 2000, Indonesia has made gradual progress in the application of these conventions during its difficult transition to democracy. The decentralization of the Indonesian administration from the central to regional governments since 2004 has posed new challenges to Indonesia’s efforts to fulfill its international commitments and apply Fundamental Principles and Rights at Work. A continued process of awareness raising on C.111 and 100 equality standards is required to contribute to the elimination of discrimination in employment and achievement of decent work for all. Within the context of a national campaign on gender equality, the Government of Indonesia and social partners are now demonstrating significant commitment to achieve these aims.
The Indonesia’s Constitution provides a strong framework for the equal treatment of all persons and explicitly outlines principles of equality in employment conditions and opportunities. The Manpower Act further establishes a foundation for the protection of all workers from discrimination in employment. In 2005, the Ministry of Manpower and Transmigration, in consultation with trade unions and APINDO, issued Equal Employment Opportunity (EEO) Guidelines for the private sector. These Guidelines cover all forms of discrimination but particularly focus on gender-based discrimination and were intended to support the implementation of the Manpower Act and C.111 and 100.
The Task Force established in 2004 on EEO no longer exists, however, the Ministry of Manpower and Transmigration (MOMT) is committed to giving effect to CEDAW and C.111 and 100 in relation to all forms of discrimination and in all employment sectors, including the civil service, throughout Indonesia. For this purpose, since 2009, the MOMT has embarked on two important initiatives:
A. 2009-Present: Development of a Code of Practice on Sexual Harassment at the Workplace (COP-SH).
B. 2010: An inter-governmental agency taskforce was established to review and strengthen the implementation of the EEO guidelines. The working group focuses its review on 5 aspects: legal basis, organizational structure, research and data collection, monitoring and evaluation framework. The working group plans to issue recommendations to the MOMT on concrete steps to revitalize and implement the EEO guidelines, as appropriate.
For these two important initiatives, the MOMT has requested ILO’s technical assistance specifically:
- Individual consultations with trade unions and APINDO will be conducted to review and provide inputs to the draft Code of Practice;
- A national workshop on November 23, 2010 on the Code of Practice, involving trade unions, APINDO and provincial government representatives and stakeholders at large;
- Development of implementation guidelines and training materials including case studies, sample company policies and procedures and examples of good practices for employers will be developed to support understanding and application of the Code of Practice in enterprises;
- Capacity building of key stake holders at the national and provincial levels on COP-SH, EEO guidelines and C 111 and 100 to engender a capable alliance and, thus, ensure effective implementation; and
- Research and technical assistance to support the EEO taskforce to develop a system for monitoring and evaluating the application of the EEO guidelines.
Indonesia’s upcoming introduction of the Code of Practice on Sexual Harassment in the Workplaces and renewed efforts to revitalize equal employment opportunities are part of the country’s overall commitment to close gender disparity and its efforts to manage diversity in support of sustainable development.
2011 onwards will require intense technical assistance to enhance the capacity and alliances of governments, workers’ organizations, employers’ organizations and business communities as well as civil society to cooperate and support one another in the implementation of key anti-discrimination instruments such as the COP-SH and Equal Employment Opportunities. It is in this context that the ILO is mobilizing UN agencies and donor communities to support equality promotion in Indonesia.