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.