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Tripartite consultations required by the Convention and technical assistance from the Office. The Committee notes the information contained in the Government’s report received in October 2009 in reply to its previous observation. The Government indicates that Government Regulation No. 46/2008, amending Regulation No. 8/2005, provides that the composition of the Tripartite Cooperation Institution (LKS) will consist of an equal number of members representing the Government, workers and employers. Furthermore, under the new regulation, the education requirement of members was modified from holding a university degree to a senior high school degree. The Committee also notes the LKS activities in 2008 and 2009 include social dialogue and consultation at the provincial level, discussions concerning the global economic crisis, and an audience with the President of the Republic of Indonesia and the Parliament. In view of the information received, the Committee wishes to draw the Government’s attention to the possibility of seeking the Office’s technical assistance in order to provide detailed information of such a nature as to demonstrate that the tripartite consultations on international labour standards required by the Convention are actually held in practice. The Committee once again refers to its previous observations and asks the Government to report on the effective consultations held by the LKS as required by Article 5(1) of the Convention.
1. Tripartite consultations required by the Convention. In its 2005 observation, the Committee requested information on the activities in relation to the matters covered by the Convention of the Tripartite Cooperation Institution (LKS), established based on Government Regulation No. 8 of 2 March 2005 and other tripartite bodies. In its reply, received in August 2007, the Government indicates that Government Regulation No. 8/2005 established the minimum requirements for membership of the LKS. The Government indicates, however, that the composition of the tripartite body has proved difficult to constitute, as obstacles are faced in finding workers’ representatives to participate in the national tripartite consultative body, which were eligible, further to the requirements established by the aforementioned regulation. In this light, the Government indicates that it has set up a new provisional tripartite consultative body which functions as a normal institution but has had limited discussions.
2. The Committee understands that the LKS has not been functioning efficiently and the new ad hoc tripartite body has been established in January 2007 in order to review Government Regulation No. 8 of 2005. The Committee hopes that the Government and the social partners will make appropriate arrangements to ensure “effective consultations” between social partners on the matters covered by the Convention (Article 5, paragraph 1, of the Convention) to the satisfaction of all the parties concerned. It refers to its previous comments and asks the Government to provide more specific and detailed information on the measures taken to ensure effective tripartite consultations on international labour standards, including further information on the consultations held on international labour standards during the period covered by the next report, specifying their subject and frequency and the nature of reports or recommendations resulting from such consultations.
Tripartite consultations required by the Convention. In its report received in September 2005, the Government indicates that a tripartite cooperative body (LKS Tripartit) was established by Governmental Regulation No. 8/2005, composed of representatives of the government, workers and employers. This tripartite cooperative body shall be established at national, provincial and municipal levels. The Committee takes due note of this information. With reference to its previous comments, the Committee noted the establishment of a tripartite committee for ILO matters under Ministerial Decree No. 92/Men/2003. The Committee would appreciate receiving more details on the activities of these two bodies - the LKS Tripartit and the tripartite committee for ILO matters - on the matters covered by the Convention, including data on the "effective consultations" held in order to enable employers’ and workers’ organizations to comment usefully on all the matters listed in Article 5, paragraph 1, of the Convention.
Tripartite consultations required by the Convention. In reply to the 2001 observation, the Government reports that it noted the Committee’s comment with regard to Articles 1 and 3 of the Convention. The Committee referred to the issue of representativeness and to the obstacles encountered in promoting the tripartite consultations covered by the Convention. The Government further indicates that a tripartite committee for ILO matters was established under the Ministerial Decree No. 92/Men/2003. That tripartite committee is now responsible for several matters covered by the Convention and conducts a plenary meeting at least once a year or at any time if its regarded necessary. The Committee hopes that in its next report, the Government will describe in detail the functioning of the tripartite committee for ILO matters in order to ensure effective consultations with respect to all the matters covered by Article 5, paragraph 1, of the Convention.
1. Articles 1 and 3 of the Convention. In its latest report, the Government indicates that the main problem that Indonesia has to address related to the Convention is how to accommodate the newly established unions in the tripartite bodies at different levels and especially at the national level. There are a growing number of trade unions, and at least 50 of them claim to be representing the national federation of unions. A number of meetings, including seminars and workshops, were held in order to find a solution on how to set up a mechanism that would satisfy all parties. A workshop held on April 2001 established the requirements that representative organizations have to fill in order to be represented at the different levels. The Committee notes that, according to the report, workers’ organizations are still not able to elect representatives among themselves in spite of the efforts made by the Government to provide the opportunity for workers’ organizations to discuss the problem of representation. It notes the Government’s request for assistance from the Office to help it find a solution to the current problem, which is considered to be a priority and a strategic issue for the Government, and hopes that the technical assistance provided by the Office will allow the Government to progress in this matter. It recalls that the requirement of representation on an equal footing of workers’ and employers’ organizations, set out in Article 3, paragraph 2, of the Convention, is intended rather to ensure substantially equal representation of the respective interests of employers and workers and should not be interpreted as imposing strict numerical equality.
2. Article 5, paragraph 1. In relation to its previous comments the Committee notes that the latest report does not contain the information requested since 1993 on the consultations held on the matters covered by Article 5, paragraph 1, of the Convention. It once again asks the Government to describe in detail in its next report the consultations held on the matters covered by Article 5, paragraph 1, and to indicate the nature of all the resulting reports or recommendations.
The Committee notes the Government's report, which provides some information in reply to its 1997 direct request. It also notes the observations of the Federation of All Indonesian Trade Unions on the application of the Convention, and the comments made by the Government in reply.
The Committee notes, according to the information provided in the report, that consultations on the matters covered by the Convention are held within the national tripartite cooperation body or on the occasion of ad hoc meetings. The Government adds in very general terms that the consultations have covered the matters set out in points (a) to (d) of Article 5, paragraph 1, of the Convention. Since 1993, the Committee has been noting in its comments that the Government has been providing highly inadequate information on the consultations to which it refers. The Committee once again requests the Government to describe in greater detail in future reports the consultations held on the matters covered by Article 5, paragraph 1, and to indicate the nature of all the resulting reports or recommendations, as required by the report form on this Article.
In its communication, the Federation of All Indonesian Trade Unions regrets that the number of participants in the tripartite consultations always results in the Government enjoying a preponderant position. Furthermore, the Federation deplores the fact that the power of decision within the national tripartite cooperation body lies exclusively with the Government. As the Committee recalled in its most recent General Survey on the Convention and on Recommendation No. 152, the Convention does not require any proportionality of representation of the Government, employers and workers on the body in which consultations are held (paragraph 47). The requirement of representation on an equal footing set out in Article 3, paragraph 2, of the Convention is intended rather to ensure substantially equal representation of the respective interests of employers and of workers and should not be interpreted as imposing strict numerical equality. What is important is that equal weight should be given to the opinions expressed. Furthermore, the Committee recalls that the consultations, which must be effective under the terms of Article 2, paragraph 1, of the Convention, do not require a government which holds them in good faith to be bound by the opinions expressed, since it remains entirely responsible for the final decision (paragraph 29). However, it is important for the organizations consulted to be able to express their opinion before the decision is finalized.
In view of the above considerations, the Committee asks the Government to provide a report containing information of such a nature as to demonstrate that the consultations required by the Convention are actually held in practice. In this respect, it wishes to draw the Government's attention to the possibility of seeking the technical assistance of the ILO.
The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:
The Committee notes that the Government has sent, in reply to its previous comments, a copy of Ministerial Order No. KEP-98/MEN/1994 relating to the national tripartite cooperation body. It notes, however, that this text does not grant any specific competence on matters relating to ILO activities. It would be grateful if the Government would indicate in what way this body intervenes, if necessary, in the framework of consultation procedures provided for in the Convention.
In this respect, the Committee reminds the Government that it asked it, in its direct request of 1993, to supply information on the consultations held regarding each of the matters set out in Article 5, paragraph 1, of the Convention and to specify the nature of any reports or recommendations resulting from these consultations which, under paragraph 2, shall be undertaken at least once a year. It also requested the Government to indicate whether an annual report on the working of the consultation procedures had been prepared or was planned in application of Article 6.
The Committee trusts that the Government will not fail to provide this information in its next report.
The Committee notes with interest the first report of the Government.
The Committee asks the Government to provide precise and complete information on the consultations held during the period covered by the next report, on each of the questions set out in Article 5, paragraph 1, of the Convention, and to indicate the nature of all reports or recommendations made as a result of the consultations.
The Committee requests the Government to indicate whether an annual report on the working of the consultation procedures has been drawn up or will be drawn up, in accordance with Article 6 of the Convention.