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268/981204/DD

Trade union rights still violated in Indonesia despite change of government

Brussels. December 4 1998 (ICFTU OnLine): A pattern of violations of trade union rights continues in Indonesia, despite the change of government and the promised improvements in human rights. These violations have been part of the strategy for maintaining Indonesia's booming export policy, says the ICFTU's report on labour standards in Indonesia.

"Each time consumers in the industrialised world benefit from cheap goods produced in Indonesia, they are, in effect, benefitting from a government policy of repression not just of trade union rights but repression of workers’ fundamental human rights in every area," said ICFTU General Secretary Bill Jordan.

This was the conclusion of an ICFTU report out today. This policy still continues and just two weeks ago, the ICFTU protested to Indonesian President Habibie, about the force used to quell demonstrations which had resulted in the deaths and serious injuries of many citizens, and this week the ICFTU protested at the detention of an independent labour leader, Dita Indah Sari, who was sentenced in 1997 to 5 years' imprisonment on trumped-up charges of subversion.

Freedom of Association/Right to Organise: The report describes an appalling history of trade union rights abuses, when every fundamental workers’ right was sacrificed in the dash to build a strong export policy. Industrial relations was a security issue, with the armed forces taking a major role in every important aspect of the economy. Trade unions were often run by retired military officers. The security forces intimidated many independent trade union leaders into resigning, preferring unions to be run by themselves or by employers. Many employers took leadership posts themselves in the trade unions at regional and at national level.

Particularly badly affected was the independent trade union the Indonesian Prosperity Trade Union (SBSI) set up in 1992. It was permanently harassed by military interference, and since 1992 over 7,500 workers have been dismissed, blacklisted and imprisoned for being members. The union's leader Mucktar Pakpahan was imprisoned twice on trumped up charges, then after long, debilitating spells in detention, ultimately released following world-wide protests. On the second occasion he was put on trial, the charge was subversion, a crime which carried the death penalty.

President Soeharto resigned on May 21 1998, after 1200 people were killed in protests against his mishandling of the economic crisis, and trade unionists were promised a change of approach. The government ratified ILO Convention No. 87 on freedom of association and said it would stop the military from intervening in industrial disputes. However, in practice the situation has continued much the same. The new government has continued to forbid public servants or workers in state enterprises to join proper unions instead of state sponsored ones, and the military is still closely involved in labour matters.

In fact, military violence against workers seems to have increased, not decreased under the new government. In June 1998, there were violent clashes between police and the 10,000 strikers who were demanding higher wages at the Kosogi (shoe-making) International factory in Surabaya. There were 104 arrests and 26 people were wounded after troops opened fire with rubber bullets.

Later that month, workers at four PT Maspion plants were injured by soldiers using rattan sticks and rifle butts, and one worker was killed during a peaceful demonstration in support of wage increases, and in July 600 women workers on strike at PR Mayora Indah were attacked by hired thugs and threatened with violence and the sack.

One gets the impression of a government attempting to show that it is business a usual, despite the terrible social economic turmoil where 80 million, out of a population of 202 million now live below the extreme poverty line. Labour activists imprisoned under the previous government remain in prison, and although Pakpahan was released following the fall of President Soeharto, he has been warned that he could be re-arrested if he engages in activities (notably organising demonstrations) in breach of the law.

Child Labour is also a serious problem in Indonesia, as current child labour laws, dating from the colonial era, allow children under 14 to work if they are contributing to family income. According to the government's own reports, there are over 2 million children aged 10 to 14 at work, and the figure is most certainly higher.

Child labour in Indonesia is widespread in export sectors such as rattan and wood furniture, garments, footwear, food processing, toy making, fisheries and agriculture. Many children work in factories, including those serving the export markets such as firms with contracts with the pharmaceutical company Bayer and Bayer and the textile firm Collan Kurni Wilesa, which exports to clients in the USA, Canada, Europe, Japan and Australia. There are 20,000 children living in the streets in Jakarta, selling newspapers, shining shoes, helping to watch cars, and generally working in extremely hazardous conditions as scavengers or as garbage pickers.

Several thousand children work as bonded labourers on fishing platforms off the coast of Sumatra. They are recruited from farming communities and are not allowed to leave the platforms for at least 3 months, and until replacement workers can be found. They work for 12 to 20 hours a day in dangerous conditions, sleeping on the platforms, with no sanitation.

Discrimination against women is endemic. Female workers in manufacturing generally receive lower wages than men. Many female factory workers are hired as day labourers instead of as full-time permanent employees, meaning that companies are not required to provide benefits, such as maternity leave, to them. Unemployment rates for women are approximately 50% higher than for men and the effects of the economic crisis since mid-1997 have been disproportionately borne by women. There is little respect for Indonesia’s laws on maternity protection and some companies require their female employees to sign statements that they will not become pregnant. Sexual harassment is not a crime under the law.

Hundreds of thousands of former political prisoners or "Tapols" face extensive discrimination in employment. During the 1960s they had to undertake forced labour, and now have to have the initials "E.T" ("Ex-Tapol" or political prisoner) stamped in their identification cards. This means that they can be easily identified by prospective employers. Many job advertisements also specify that ex-Tapols should not apply.

The ICFTU says that the Indonesian government should show that it is serious about reforming its labour laws and practice to bring them into conformity with core labour standards as stipulated in the ILO Conventions. In addition, it should release labour activists and ensure that the army is not involved in labour disputes.

It says that the WTO should draw the Indonesian authorities’ attention to the commitments they made at the WTO Ministerial Conferences to observe core labour standards, and should ask the ILO to intensify its work with the Indonesian government.

A copy of the full report can be found on the ICFTU Website on: http://www.icftu.org/english/sclause/escl98indonesia.html


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