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.