Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Article 1 of the Convention. Definition and prohibition of direct and indirect discrimination in national legislation. The Committee refers to its previous observation concerning Act No. 13/2003 and its lack of a clear definition of indirect and direct discrimination covering all the grounds and all the aspects of discrimination in employment and occupation as contemplated by Article 1 of the Convention. The Committee notes from the Government’s report that a circular letter has been issued by the Minister of Manpower and Transmigration (No. SE/60/MEN/SJ-HK/2006), dated 10 February 2006, regarding Guidance of Equal Employment of Opportunity and Treatment in Jobs and Occupation in Indonesia containing a clear definition of direct and indirect discrimination. The Committee also notes that this circular has so far been promoted in three Indonesian provinces, namely Kepulauan Riau, West Java, and East Java. During the year 2007, the Government is expected to extend this promotion also to other provinces with a view to covering all Indonesian regions. The Committee asks the Government to keep it informed on the initiatives taken or envisaged to extend the promotion of the circular letter regarding Guidance on Equal Employment of Opportunity and Treatment in Jobs and Occupation to all Indonesian regions and would appreciate receiving a copy of this instrument as well as information on its implementation.

2. Discrimination on grounds of race, colour and national extraction. The Committee refers to its previous observation on the allegations made by the International Confederation of Free Trade Unions (ICFTU), now International Trade Union Confederation (ITUC), regarding the discrimination suffered by indigenous peoples as a result of transmigration of certain ethnic groups in the Papua and Kalimantan regions. It notes that the Government reiterates its previous argument that under the current government Transmigration Programme, transmigration is regulated so as to benefit both the local communities and the transmigrated people. The Government also states that it is still waiting for more factual information regarding what has occurred in Papua and Kalimantan. The Committee notes in this context the concerns expressed by the Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations that in the Kalimantan region a high number of conflicts arise each year between local communities and palm oil companies as well as between the Dayak and the Madura ethnic groups in Palangkaraya, Central Kalimantan, as a result of past and present transmigration programmes (CERD/C/IDN/CO/3, paragraphs 17 and 18, 15 August 2007). The CERD also noted, however, that a draft law on the elimination of racial and ethnic discrimination was under consideration (paragraph 14). The Committee further notes from the Government’s report that the Ministry of Manpower and Transmigration has established an action plan on equal employment opportunity through a circular letter which it has promoted in strategic regions of Indonesia. The Committee also recalls the adoption of the National Plan of Action on Human Rights for 2004–09 (Decree No. 40/2004), but has not been provided with any information on the implementation of this plan. The Committee asks the Government to supply information on the scope, the extent of implementation and any measurable outcomes of the action plan on equal employment opportunity established by the Ministry of Manpower and Transmigration, as well as of the National Plan of Action on Human Rights, notably as regards the elimination of discrimination on the basis of race, colour and national extraction in employment and occupation. The Committee would also appreciate receiving information on the draft law on the elimination of racial and ethnic discrimination and hopes that the Government will take the opportunity to incorporate in the draft legislation a specific provision prohibiting all the aspects of discrimination in employment and occupation as provided by the Convention. Finally, the Committee reiterates its previous requests to 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; and (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.

3. Discrimination on the ground of sex. The Committee recalls its previous observation on discrimination suffered by women on the ground of maternity. It notes the information provided by the Government concerning the legislative provisions prohibiting dismissal relating to pregnancy and childbirth. The Government indicates in this regard that Ministerial Regulation No. PER/03/MEN/1989 concerning termination of employment prohibits dismissal of a “married couple” relating to pregnancy or childbirth. The Government also states that similar provisions shall be inserted in the individual labour contract, company regulations and collective agreements, and that labour inspectors are required to monitor the application of these provisions. The Committee points out that under the Convention, the protection against discrimination based on sex, including pregnancy, applies to all women regardless of whether they are married or not. The Committee asks the Government to provide a copy of Ministerial Regulation No. PER/03/MEN/1989 and urges it to amend the Regulation so as to ensure that all women are protected against dismissal relating to pregnancy or childbirth. In the absence of any further information on the effective enforcement of the legislative provisions concerning maternity, the Committee must reiterate its previous request to provide information on the activities of 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.

4. Article 2. Promoting equality of opportunity between men and women. The Committee refers to its previous observation concerning the implementation of the Equal Employment Opportunity (EEO) Guidelines (2005) which it noted with interest, and notes from the Government’s report that it is providing technical guidance and carrying out assessments on equal treatment in employment and occupation in a number of companies. The Committee would appreciate receiving further details on the initiatives so far taken, and their practical impact, and on any other initiatives in this regard. The Committee further reiterates its request to the Government to provide information on the steps taken or envisaged to extend the application of the EEO 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.