CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Indonesia (RATIFICATION: 1999)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for the expression of views opposed to the established political, social or economic system. The Committee previously requested the Government to provide information concerning the application in practice of section 49 of Law No. 2/2008 on political parties, which provides for penal sanctions for donations made to political parties.

The Committee notes the Government’s statement that section 49 of Law No. 2 of 2008 does not prohibit donations to political parties, but limits the amount of permissible donations, pursuant to section 35 of the Law. In this regard, the Committee notes that section 35 of Law No. 2 of 2008 provides limits on the maximum permissible donations to political parties by individuals (section 35(1)(a) and (b)) and by companies (section 35(1)(c)).

Article 1(d). Sanctions involving compulsory labour as a punishment for having participated in strikes. Referring to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee notes that section 186 of the Manpower Act of 2003 provides for a penalty of imprisonment (including compulsory labour) of a minimum of one month and a maximum of four years for violation of sections 137 and 138(1), which relate to the undertaking of strikes. Recalling that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour as a punishment for having participated in strikes, the Committee requests the Government to take the necessary measures to amend section 186 of the Manpower Act so as to ensure that penalties of imprisonment (involving compulsory labour) cannot be imposed for participation in a strike. Pending such an amendment, the Committee requests the Government to provide information on the application in practice of section 186 concerning violations of sections 137 and 138(1), in its next report.