Bilingual Newsletter - December 2004, Vol. 2 No. 3

Indonesia Youth Employment Action Plan:Unlocking the Potential of Youth

the then Coordinating Minister for EconomicAffairs, Dorodjatun Kuntjoro-Jakti, SecretaryGeneral of the Ministry of Manpower andTransmigration, Tjepy Aloewie, and CountryDirector of the ILO Jakarta in Indonesia, AlanBoulton.

The Vice President, in his address tomore than 200 invited guests, including morethan 100 young men and women,acknowledged “...that whilst Indonesia is facedwith enormous challenges in terms of youthunemployment, those same young peopleprovide the greatest potential for economicgrowth and prosperity, if their potential isharnessed effectively.”

He noted that the recommendations inthe IYEAP are goals as well as means to

achieve them and that a concerted effort will be required if theyare to be realised. He called upon the ILO to continue its support,and upon other international organisations to help Indonesia torealise its efforts.

Indonesia's commitment to positive action began with itsvolunteering to become a lead country ofthe global Youth Employment Network(YEN) in 2002. The IYENetwork wasinaugurated during International YouthDay in 2003. Indonesia, in fact, is the firstof the lead countries to develop a nationalAction Plan on Youth Employment.

The IYEAP acknowledges the veracityof the recommendations of the High LevelPanel of the YEN as it focuses on (a)preparing youth for work; (b) creatingquality jobs for young women and men;

(c) fostering entrepreneurship; and (d) ensuring equalopportunities. Its theme—unlocking the potential of youth—further reinforces its aims. Other recommendations focus onimplementation, monitoring and evaluation processes aimed atfostering commitment, ensuring consistency andcomplimentarity with other processes and strengthening theIYENetwork and its partners.

According to Alan Boulton, effective action on youthemployment requires a strong partnership from various parties,such as government, the business community, employers andworkers organizations, community organizations and particularlyyoung people.

Y outh unemployment has skyrocketed worldwide overthe past decade to some 88 million, according to a new studyby the ILO, reaching an all time high. Young people nowrepresent nearly half the world's jobless. In Indonesia, theworld's fourth most populous nation with around 220 millionpeople, the full potential of the majorityof young men and women is not beingrealised because their access toproductive jobs is limited.

In 2003 the share of underutilised(unemployed and underemployed)Indonesian youth in the labour forcewas 52.7% of the total youthpopulation, with 19.5% untapped(neither in education nor in the labourforce). The unemployment rate ofyoung men is 25.5% and youngwomen 31.5% and overall young people are four times morelikely to be unemployed then adults.

To address the youth employment problem in the country,the Indonesia Youth Employment Network (IYENetwork) jointlyled by the Coordinating Ministry for Economic Affairs and theMinistry of Manpower and Transmigration launched anIndonesia Youth Employment Action Plan (IYEAP) on 12 August2004. The launch was held in association with thecommemoration of International Youth Day.

The IYEAP was officially launched by the then VicePresident of Indonesia, Hamzah Haz in Jakarta, witnessed by

Indonesian students during the launch of Indonesia YouthEmployment Action Plan in association with the commemoration ofthe 2004 International Youth Day.

“The Action Plan is only the start.We must be committed to its

implementation and willing to putour energies and resources intotranslating these concepts into

practical action.”Alan J. Boulton

ILO Jakarta Director

FROM USTIMOR LESTE

Timor-Leste Makes a Good Start with SocialDialogue

HEADLINEIndonesia Youth Employment Action Plan:Unlocking the Potential of YouthILO Responses: Achievement to DateYouth Employment Action Plan: PolicyRecommendations

EMPLOYMENTGlobal Employment AgendaUpgrading Workers’ Skills and Competitivenessthrough Competency-Based TrainingSupport to Employers Activities in IndonesiaBetter Working Conditions for Informal Economy

CHILD LABOURTackling the Worst Forms of Child Labour: Progressand New Actions!Kutai Kartanegara: The First Child Labour FreeZone

RIGHTS AT WORKIndonesian Police to Develop Guidelines inHandling Workers’ Strikes and Company LockoutsPolice Conduct Guideline: HighlightsPolice Training VCD on Handling Workers’ Strikesand Demonstrations“Bringing Changes to the Trade Union Activities”

Editorial Roundtable: Promoting Employment andEconomic Growth

ILO Media Training Workshop: “DynamicReporting on the World of Work”Setting up the New Indonesian Labour DisputeSettlement SystemIda’s Story: “The Reality of Domestic DomesticWorkers”

SOCIAL PROTECTIONIndonesian Businesses Stage War on HIV/AIDSThe Application of the ILO Code of Practice onHIV/AIDS and the World of WorkImplementing the HIV/AIDS Learning Strategy forthe UN

SOCIAL DIALOGUETrade Unions Activities in Short

GENDERSexual Harassment at Work: Women Still at GreaterRisk

COLUMNPromising Start for Migrant Workers

IN BRIEFPromotion and TransferILO Jakarta Tripartite Consultative Meeting

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Employment was the major issue raised in the election campaign.Finding and creating more decent work opportunities for Indonesiansmust be the Number One priority of the new Government. This is thebest way to provide a better future for millions of ordinary Indonesians– through jobs and other activities which provide income and securityfor them and which allow many to work their way out of poverty.

And with more than three quarters (75%) of the total unemployed inIndonesia being young women and men between 15 and 29 years ofage, an important focus will need to be on youth. It is essential that youngIndonesians have the opportunity to use their talents and skills inproductive work – and that Indonesia gets the full benefit in its economicand social development of the contribution of the new generation.

Many Indonesians seek job opportunities in other countries. Theproblems and abuses suffered by some of these migrant workers is ascandal and it is well time something is done about them. It is verypleasing that the President acknowledged the contribution of theseworkers to the Indonesian economy and society during his first days inoffice. It is also notable that the new Manpower Minister, Fahmi Idris,has already visited Malaysia to discuss migrant workers issues. It isimportant that follow-up action ensure a proper system and protectionsare now put in place for migrant workers.

The new Manpower Minister returns to a portfolio he held in 1998-1999, during which time Indonesia ratified four of the ILO’s fundamentalconventions (freedom of association, forced labour, child labour and equalemployment opportunities) and embarked upon the modernization of itslabour laws. The passage of these laws is now complete and the taskahead is implementation (including with the establishment and operationof the new dispute resolution system and the Industrial Relations Court).

The other major concern is the continuing efforts to establishharmonious, sound, fair and dynamic industrial relations based onfreedom of association and the right to collective bargaining as aprerequisite for attracting investment and promoting employmentopportunities in the country. A fitting challenge ahead for the Ministerwho began the labour reform program in Indonesia!

We wish the President and Government success with theseendeavours. We hope that the ILO’s programme and activities willcontribute towards providing better opportunities for ordinaryIndonesians to share in the prosperity and development of the nation.

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Contents

Alan Boulton, Country Director of the ILO in Indonesia, and the new President of Indonesia, SusiloBambang Yudhoyono, at the Presidential Palace, Jakarta, on 2 November.

ndonesia now has a new President and Government. It is widelyexpected that this will mean renewed efforts to address the significantchallenges facing the nation.

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Youth Employment Action Plan:P O L I C Y R E C O M M E N D A T I O N S

10. Develop Youth Specific Indicators andStatistics

11. Mainstream Youth Employment Issuesinto Local Economic Initiatives

12. Mobilize Business for Action13. Make it Easier to Start and Run Your Own

Business14. Enhance the Representation and Voice of Young Workers and

SMEs15. Support the Formation of Self-Help Groups and Membership-

Based Organizations, including Cooperatives, by Young People16. Strengthen Micro-Finance Institutions so that they Reflect the

Needs of Youth17. Improve the effectiveness of entrepreneurship training in

vocational high schools18. Establish an Independent Review of the Entrepreneurship

Training Programs for Out-Of-School Youth19. Develop a Multimedia Public Awareness Campaign Promoting

Youth Entrepreneurship20. Mobilize Private Sector Support for Young Entrepreneurs21. Develop “Linkage Support Programs” between Large and Small

Enterprises22. Disable Gender Stereotypes in Curricula and Gender

Segregation in Education23. Conduct Vigorous Awareness Raising Campaigns to Change

the Perception of Traditional Gender Roles and of the Divisionof Responsibilities between Women and Men

24. Provide Improved Protection for Overseas Women Workers25. Need for Commitment from Government and Other

Stakeholders26. Ensure Consistency with other Processes27. Strengthen the IYENetwork28. Develop a pre-Implementation Strategy, an Implementation

Plan, and Monitoring and Evaluation Systems that Foster MutualLearning

he IYEN, whilst developing the IYEAP, is also working onother initiatives with technical support from the ILO through aProject entitled Youth Employment in Indonesia: Policy andAction. This Project falls within a broader regional supportprogramme that includes technical support to Viet Nam andSri Lanka.

The ILO’s Start Your Business (SYB) programme and aselection of materials have been adapted for use in vocational

secondary schools and translated into Bahasa Indonesia. InDecember 2003, a team of 14 SYB lead trainers were trainedto introduce the materials to teachers/trainers who will thendeliver it through the secondary vocational school curriculum.The Ministry of National Education has also announced itsintention to incorporate these materials into the curriculum inthe 2004/2005 school year.

In response to the findings of a school to work transitionsurvey undertaken with ILO technical support in early 2003, acareers guidance tool in the form of a pocket sized Guide forYouth Seeking Work, and a complementary Mentors Guidefor parents, teachers and other supportive adults, has beendeveloped. The Guides are designed to be cheap enough tobe readily available to every Indonesian young person tounderstand how they can best match their skills with availableopportunities.

To ensure that young people’s views and concerns wereincluded in the IYEAP a series of youth for youth

ILO’s Responses:Achievements to Date

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• • •Margaret Reade Rounds, Youth Employment Programme Manager, is congratulatingDr. Ir. Gatot Hari Priowirjanto, the Director of Secondary Vocational Education,Ministry of National Education, during the launch of the Start Your Business (SYB)materials on 25 October.

he policy recommendations are organized around fourpillars:

A) Preparing Youth for Work: ensuring quality basic educationfor all young men and women, and developing a demand-driven vocational and technical education system;

B) Creating Quality Jobs for Young Men and Women: focusingon the generation of formal sector jobs, but not forgetting theneeds of the poor and disadvantaged youth;

C) Fostering Entrepreneurship: empowering youth andfacilitating their entry into business, and the gradualtransformation of the informal economy to formal sectoractivities to create more and better jobs for young men andwomen; and

D) Ensuring Equal Opportunities: giving young women thesame opportunities as young men.

The policy recommendations are highlighted below focus fora three-year period (2004 to 2007):

1. Making Education Affordable for the Poor2. Improve the Quality of Education3. Develop a National Qualification Framework4. Strengthen the Network of Vocational Education and Training

Centers of Excellence5. Build Bridges between Educational Institutions and the Business

Community6. Improve the Preparation of School Leavers for Labour Market

Entry7. Incorporate Youth Employment Goals in Macro Policy8. Review Labour Market Regulations to Ensure that they Facilitate

Greater Opportunities for young workers9. Exploit New Opportunities in Emerging Sectors

Youth are an Asset

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consultations were held in three regions inOctober and November 2003—theresults of which have beencompiled for easyreference. In addition, aselection of practicalprogrammes targetingyoung people wereassessed and thoseconsidered to begood practice havebeen published aspart of the IYEN’sknowledge sharingactivities.

For 2004 to 2006, the Project will support the IYENetwork to:

Develop the institutional framework and capacity of theIYENetwork and the understanding and commitment of itspartners to playing a key role in profiling the youthdimensions of employment and the particular challengesthat young people face in their transition from theschoolroom to the workplace;

Implement selected recommendations in the IYEAP, andin particular those that assist provincial and district levelstakeholders to reflect their commitment in policies,strategies and budgets;

Ensure that gender mainstreaming goes beyond mererhetoric by developing tools and providing examples ofhow gender concerns can be consistently andcontinuously reflected in plans, strategies and on-the-ground activities.

Provide, through pilot programmes such as the ILO’s SYB,local economic development and public-privatepartnerships, and skills development, examples ofalternative employment options for young people.

At the IYEN Coordinating Team meeting convened inJakarta in October 2004, the executive team reiterated that thePlan has been formulated, now is the time for ACTION!

... ILO’s Responses:Achievements to Date

Alan Boulton, Country Director of the ILO in Indonesia, had a positivemeeting with the new Manpower Minister Fahmi Idris on Wednesday, 24November. The discussion covered the previous work with the Minister in1998-1999 and his involvement with the ILO then, as well as the currentprogramme and activities of the ILO in Indonesia. Much of the discussionfocussed on industrial relations issues, including the need to improvebipartite relations and dispute settlement.

Photo News

Publications

Training on labour-based road construction in BobonaroDistrict, Timor-Leste

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Economic Security for a Better World

his publication aims to provide apicture of emerging patterns ofeconomic security across the world. Ithighlights that people’s economicsecurity promotes personal wellbeing, happiness and tolerance, whilebenefiting growth and development.The report cautions, however, thateconomic security remains out ofreach for the vast majority of theworld’s workers, about three-quartersof whom live in circumstances of economic insecurity thatfosters what the report calls “a world full of anxiety and anger.”The report marks the first attempt to measure global economicsecurity as perceived by ordinary people and was based ondetailed household and workplace surveys covering over48,000 workers and more than 10,000 workplaces worldwide.

Living in a World with HIV and AIDS:Information for Employees of the UN Systemand Their Families

his booklet provides importantinformation and advice for UNemployees and their families inIndonesia. It is essential that within theUN family there is a goodunderstanding about the epidemicand good practices developed fordealing with workplace issues. Thebooklet gives basic facts about HIVand AIDS—and about how we canprotect ourselves and our families andfriends from infection. It also dealswith how we can assist people living with HIV and AIDS—bytreating them with respect and dignity and by ensuring that thereis no HIV-related stigma or discrimination in the workplace. Thebooklet has been translated into Bahasa Indonesia.

For further information, contact or visit ILO Jakarta Information Center at(021) 391 3112 ext. 111.

Timor LesteMakes a Good Startwith Social Dialogue

government, employers and unions can work together in tacklingmajor social and employment issues – in the true spirit oftripartism and social dialogue.

In Timor-Leste, the UN Mission is reducing its presence andwill be withdrawn in May 2005, in recognition of the increasedcapacity in Government agencies to manage the country’s affairs.Development assistance is still required and ILO is seeking tosupport the Secretariat for Labour and Solidarity in a range ofareas. As in Indonesia, addressing the unemployment challenge isat the top of the agenda.

Timor-Leste Population CensusThe provisional results of the country’s first population census

(which commenced on 11 July 2004) were announced by the governmentin September 2004. The United Nations Population Fund (UNFPA) hasprovided the main technical assistance for the census. Here are the mainfindings:

• Current population stands at 924,642 compared to 787,338 in2001 (based on 2001 suco survey) - an overall increase of 17.4%;

• The number of males and females is 467,757 and 456,885respectively or a ratio of 50.6 to 49.4%. The ratio has remainedunchanged between the two survey periods;

• The population of Dili, the capital city, now stands at 167,777compared to 120,474 in 2001. This means a major increase of 39.3%- more than double the overall percentage increase in the country’s totalpopulation; and

• The total number of households recorded in 2004 survey was 194,943compared to 167,435 in 2001 - an increase of 16.4%

Secretary of State for Labour and Solidarity, Arsenio P. Bano, is distributing certificates among theparticipants of the National Tripartite Workshop on Arbitration and Conciliation.

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T he ILO inception mission for the EU-UNDP-ILO STAGEProject visited Timor-Leste from 21 to 25 November. Themission members included Deputy Director of ILO Jakarta,technical specialists from ILOSub-regional Office in Manilaand the Chief Technical Adviserof the Project, Jose Assalino, whoarrived in Dili to take up hisassignment. The missionparticipated, among others, inthe first meeting of theProgramme Steering Committeeof the Project held on 24November.

Jose Assalino, Chief Technical Adviser of theSTAGE Project

Project News:Inception Missionfor the STAGE Project

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T imor-Leste became independent on 20 May 2002and joined the ILO on 19 August 2003. Although it is stillearly days for the new nation, a solid foundation has beenlaid with the acceptance of the principle and practice oftripartism in social and economic policy-making.

This approach means that major policies andlegislation are formulated based on a consultative processand dialogue involving government, employers andworkers. In relation to this, three newly establishedtripartite bodies are entrusted with the important task ofdealing with social and labour issues, namely the NationalLabour Board, the Labour Relations Board and theMinimum Wages Board.

In order to assist with the development andoperation of the new system, the ILO is implementing aProject on Strengthening and Improving LabourRelations in East Timor (SIMPLAR). Its objective is tostrengthen the capacity of the three boards, the Secretariatof the Boards and the tripartite constituents. Funded bythe US Department of Labor, the Project becameoperational in April 2002 and is scheduled to continueuntil early 2006.

The Project’s main focus is to help in drafting newlegislation, preparing guidelines and manuals relating toimplementation of the labour laws, and training andcapacity building for the participants in the system. It alsoaims to develop the capacity of the Secretary of State forLabour and Solidarity in relation to the implementation ofthe laws and the provision of services such as disputeresolution, inspection and enforcement.

Furthermore, one of the important focuses of ILOinterventions has been to promote close cooperation andconsultation among the tripartite partners on policymaking, implementation of the labour code, andproviding guidance to the development programmes ofthe Secretary of State for Labour and Solidarity, includingthe technical cooperation projects implemented by ILOwith donor support.

For example, the Programme Steering Committee ofa major EU-UNDP-ILO programme on skills training andemployment promotion is tripartite plus in composition.Similarly, a tripartite Steering Committee manages andoversees operations of the Employment and VocationalTraining Fund (EVTF) established with the assistance ofthe ILO with funding from various donors.

While the process of social dialogue and theestablishment of effective institutions can not be achievedovernight, Timor-Leste has taken steps to ensure that

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Employment

Training Manual on CBT produced bythe project was used during thetraining.

“Improving the skills ofIndonesian workers will make a majorcontribution to increased productivity,competitiveness and economic growth,which in turn will lead to new employment opportunities,” saidAlan Boulton, Director of the ILO Jakarta Office. He emphasisedthat workers were the most valuable assets of a company. “Withproper skills, they can realise their own potential and contributemore to their companies,” he continued.

Different from previous vocational trainings, CBT applies aparticipative approach that actively involves the participants in thelearning process. The training covered issues like training policy,

GlobalEmploymentAgenda

Upgrading Workers’ Skills and Competitivenessthrough Competency-Based Training

Indonesia is still facing a crucial problem in humanresources development. Having, generally, lower productivitylevels compared to workers in other ASEAN countries,Indonesian workers do not have competitive advantagescompared to those in other developing countries.

It is of utmost importance to upgrade workers’ skills andknowledge, and to maximize the role and the use of trainingfor workers. To establish a solid basis for skills trainings, theILO, in collaboration with the Ministry of Manpower andTransmigration (MoMT), held a National Awareness RaisingWorkshop for heads sub-division heads and trainers of eightCentres of Excellence of MoMT from 26-28 July.

The training was continued immediately with a Trainingof Trainers on Competency-Based Training (CBT) for the sametrainers in Puncak, West Java, from 29 July to 6 August. A

he principal purpose of the Global Employment Agendais to contribute to the Organization’s efforts to promote decentwork. The main aim of the Agenda is to place employment atthe heart of economic and social policies.

The ILO developed the Global Employment Agenda inresponse to the conclusions of both the World Summit forSocial Development in 1995 and the 24th Special Session ofthe United Nations General Assembly in 2000. The mainelements of the strategy that constitute the Agenda were firstdebated at the Global Employment Forum in 2001, attendedby senior policy makers, representatives of the workers’ andemployers’, private sector representatives and from NGO’sand academia.

The principles underlying the Agenda have been basedon seven “pillars” which are:

1. Decent Work as a productive factor.2. A pro-employment macro-economic framework.3. Entrepreneurship and private investment.4. Improving the productivity and opportunities for

working poor.5. Ending discrimination in the labour market.6. Environmentally and socially sustainable growth.7. Employability and adaptability.

Several of these principles are further elaborated in the 10core elements of the Agenda, addressing economic environment

(principles 1-4) and labour market issues (principles 5-10):

1. Promoting trade and investment for productiveemployment and market access for developingcountries.

2. Promoting technological change for higher productivityand job creation and improved standards of living.

3. Promoting sustainable development for sustainablelivelihoods.

4. Macroeconomic policy for growth and employment: acall for policy integration.

5. Decent employment through entrepreneurship.6. Employability by improving knowledge and skills.7. Active labour market policies for employment, security

in change, equity and poverty reduction.8. Social protection as a productive factor.9. Occupational safety and health: synergies between

security and productivity.10. Productive employment for poverty reduction and

development.

In the implementation, the Agenda should be seen first andforemost as an invitation to governments, the social partners, themultilateral system of the United Nations agencies, the BrettonWoods institutions and the regional development banks to review,rethink and re-orient economic and social policies.

The creation of a number ofalliances and partnerships at globaland regional levels is foreseen as ameans of implementation, anexample of which is the globalYouth Employment Network (apartnership of the UN, World Bankand ILO). A national example is theIndonesia Youth EmploymentNetwork, set up to address thepressing challenges faced by youngmen and women in employment.

The Indonesian version of the Manual

the development of competency standards, preparation oflearning materials and learning aids, development ofcompetency-based curriculum and training methods.

In his opening address, Kirnadi, Director General ofTraining and Domestic Placement, mentioned that CBT has astrategic value, both in terms of human resources developmentand its impact on the workplace. For the human resourcedevelopment because the trainers will follow this activity upwith similar training programmes for vocational training centresin their areas. for the workplace, the need of skilled/competentworkers in their respected fields will be met, and hence,competitiveness among companies will be improved andproductivity increased.

Support toEmployers Activitiesin Indonesia

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CBT applies an innovative andcomprehensive training approach that is in

line with technology and customerrequirements. It places more emphasis onwhat a learner should be able to properly

perform in his/her work.

Meanwhile, Togarisman Napitupulu, Director of VocationalTraining, in his closing remarks said that after the training, theMinistry would take immediate actions, in particular concerningthe finalisation and socialisation of government regulations onvocational training. He emphasised that this training was verymeaningful as it was the first formal training on CBT that officialsand trainers of the Centres of Excellence of MoMT ever received.

He expressed the hope that the knowledge on CBT couldbe widely disseminated throughout the country. “The Ministryof Manpower and Transmigration will increase the budgetallocation for activities related to vocational training. It is alsoimportant to ensure that training participants will receiveaccredited competency certificates so that they can get goodjobs.”

Vocational training and management in Indonesia hasbeen under reform in order to meet the challenges of regionalautonomy introduced in 2001. Part of the reform is theestablishment of Centres of Excellence in vocational training byMoMT.

It was encouraging to see that only three weeks after theTraining of Trainers, BLK Lembang conducted an AwarenessRaising on CBT for all their staff. Hopefully, similar activities andtrainings for vocational training centres throughout Indonesiawill be conducted by the other Centres of Excellence in thenear future.

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F ollowing the mission of Sanchir Tugschimeg,Employers’ Specialist of ILO Sub-Regional Office in Manila,to Jakarta in early September 2004, ILO and the IndonesianEmployers’ Organisation (APINDO) have agreed tostreamline the workplan for ILO’s support for employers’activities in 2004-2005.

There are now four major areas of support of the ILOto APINDO, namely:

Improving organisational capacity to represent andadvocate interests of APINDO members andimproving the capacity of APINDO’s secretariat tosupport these functions;

Improving capacity to influence legal reform anddevelop appropriate industrial relations services;Expanding representation by addressing enterprisedevelopment needs of existing and potentialmembers, including specific needs of womenentrepreneurs; andImproving capacity to promote Global Compact andsocially responsible initiatives of the members.

A number of activities have been undertaken toimplement the workplan. This includes the conduct of aWorkshop on Design, Monitoring and Evaluation for thestaff of APINDO national secretariat and secretariats in anumber of branches in Jakarta, West Java, Banten, CentralJava and East Java as well as East Kalimantan.

The workshop is the first of its kind. After theworkshop the secretariat staff are expected to have thecapacity to design and develop new programmes that willaddress the needs of APINDO’s members. As part of thecapacity building of the secretariat, ILO Jakarta has alsoundertaken internship programme for staff of the nationalsecretariat.

Since May this year, there have been three internsworking at ILO Jakarta. In addition to learning about themandate and functions of the ILO as a tripartiteinternational organisation, they have also improved theirunderstanding and contribute to the work of ILO Jakarta inthe areas of industrial relations, poverty reduction, youthemployment and corporate social responsibility throughthe promotion of the Global Compact principles.

In line with its policy to support the nationaldevelopment agenda to reduce poverty throughemployment creation, APINDO will advocate for betterenabling environment for the development of small andmedium enterprises (SMEs). With support from the ILO,APINDO will conduct assessment of the policy andregulatory environment in selected policy domainsaffecting SMEs at national, provincial and district levels.The result will be used as a basis for APINDO’s campaignto ensure the implementation of the policyrecommendations by related parties: develop businessrelations between SMEs and big corporations.

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TBetter Working Conditions forInformal Economy

A traditional market in Tangerang City, Indonesia

Promotionand Transfer…

he informal economy in Indonesia provides shelter, food, educationand a sense of dignity to many young and older workers who wouldotherwise find it extremely difficult to generate an income. The ILO is workingwith governmental, non-governmental and civil society organisations tounderstand and respond to the needs of workers and enterprises in theinformal economy in the country.

In 2003, the ILO commissioned an extensive review of the literature onthe informal economy, which included the conduct of in-depth interviewswith key stakeholders and relevant institutions. The result of the review was acomprehensive paper on the challenges faced at the national level as well aspossible policy and programme level responses that address the decent workdeficits in the informal economy in the country.

At the same time, a study of municipal policies and actions in selectedcities (Jakarta, Bandung, Semarang, Surabaya, Makassar, Balikpapan, Medan,Bogor, Kendari and Blitar) was undertaken to enable a better understanding ofthe situation at the sub-national level.

Further observations and in-depth research on the situation of street andmarket vendors in the Tangerang Municipality have provided additionalinsights into the challenges faced not only by the vendors themselves, but alsoby the municipal authorities in catering for the demands of the consumers andproviding an effective and efficient supply line.

As a result of the research, the ILO is now working with TangerangMunicipality and PD Pasar Djaya to begin developing a toolkit of materialsthat will help the municipal authorities to improve the conditions of work inthe market place so that the vendors, their customers and the marketmanagement are able to conduct their business in an environment that is bothhealthy and productive.

The first stage of development is now underway with the first instrumentbeing developed in consultation between the ILO, a team of nationalconsultants and key officials of Tangerang Municipality and the PD PasarDjaya. This package will include:

A Guide Book on the Arrangement and Improvement of WorkingConditions for Informal Traders in Traditional Markets in Tangerang.

A complementary Check List for the Improvement of Working Conditionsof Informal Traders in Traditional Markets in Tangerang and the Benefitsfor the Municipality, the Market Management, the Sellers and the Buyers.

We will keep you informed of progress through this newsletter and for furtherinformation, contact ILO Jakarta office.

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OOktavianto Pasaribu,Programme Officer

n Wednesday, 20 October 2004,the day the new Indonesian Presidentand Vice President swore in, ILO Jakartareceived good news. Its ProgrammeOfficer and Gender Focal Point,Oktavianto Pasaribu, has been confirmedfor promotion and transfer as ProgrammeOfficer (Programme Analyst) in RegionalProgramming Services of the RegionalOffice for Asia and the Pacific inBangkok.

Oktav has been working for ILOJakarta since June 1997. His mainlyresponsibilities have been in the areas ofRights at Work. In 1998, he facilitated theconduct of the Direct Contacts Missionof the ILO, following the ratification ofILO Convention No. 87 on Freedom ofAssociation by Indonesia. He alsoparticipated in the nation-wide campaignto promote the fundamental principlesand rights at work in Indonesia that wasstarted that year and completed in 1999,leading up to the ratification of threefundamental conventions of the ILO.

He has also contributed to thedevelopment of ILO Decent Workcountry programme in Indonesia,including in the areas of industrialrelations, child labour, promotion ofgender equality and employers’ activities.Since 2002, he has also taken upassignment as Gender Focal Point of theOffice.

Asked about his future assignmentin Bangkok, Oktav said, “It is a newchallenge but I am looking forward to theopportunities of contributing to a widerprogramme of the ILO in the region.”

On behalf of ILO Jakarta staff, ourcongratulations to you and all the best inyour future assignment.

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Tackling the Worst Formsof Child LabourProgress and NewActions!

Child Labour

IMonitoring the National Action Plan

ndonesia’s National Plan of Action on the Elimination of theWorst Forms of Child Labour emphasises the need to improve datacollection on child labour and to put in place a system formonitoring implementation of the National Action Plan (NAP).

To assist in developing this work, a National Workshop was heldin Ciloto, West Java, on 27-30 September.The workshop was attended by members ofthe National Action Committee (NAC) andby representatives from 13 provinces.

Participants at the workshop consi-dered the main areas of work identified inthe NAP, indicators of success, and thecurrent position and progress with imple-mentation of the NAP. Speakers from theCentral Bureau of Statistics and Ministry ofNational Education made presentations ontheir data collection methods relating tochild labour and school drop out rates, and recent trends.

It was also reported at the workshop that the NAC plans toproduce an annual report to the President which will include data onprogress being made with implementation of the NAP. This importantinitiative will also provide a focus for promoting the NAP, and willsupport the continuing efforts to strengthen activities at provincial anddistrict levels. A working group of the NAC has been established totake forward this work.

Progress in the ProvincesIn recent months, new Provincial Action Committees on the

Worst Forms of Child Labour have been established in EastKalimantan and West Java. The Committees will be playing an activerole in developing Provincial Action Plans aimed at tackling worstforms of child labour. The new committees join the committees

“The ILO-IPEC Project is seeking todevelop models of interventionsand “best practices” which can

be replicated elsewhere bygovernment and other partners in

order to create a future withoutchild labour”

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already operational in North Sumatraand East Java and efforts are beingmade to encourage similar structuresin other provinces.

Other developments in recent monthshave included

A new provincial regulation onworst forms of child labour has beenestablished in North Sumatra;

The East Java Government hasrecently implemented a programme toprovide livelihoods training to formerchild labourers and their families; and

The ILO Jakarta office has beenworking with the district government in Kutai Kartanegara onimplementation of a policy to establish the district as a ChildLabour Free Zone.

New Action Programmes to be ImplementedThe National Steering Committee, which brings together

representatives of government departments, employers, tradeunions, NGOs and others, has recently endorsed plans for a rangeof new action programmes supported by ILO-IPEC Projects. Theseprogrammes will be implemented with partners in North Sumatra,East Kalimantan, East Java, West Java and Jakarta.

The programmes aim at removing children from worst formsof child labour and preventing vulnerable children being forced toenter such work. Programmes will also help to develop thecapacity of partners, including the provincial and district levelcommittees on worst forms of child labour. Some examples ofprogrammes recently endorsed are:

Programmes which aim toprevent children dropping out ofschool and entering child labour;

A plan to set up an Open JuniorHigh School for children who forvarious reasons are not attendingformal Junior High School;

Programmes providing basicliteracy skills and non formaleducation for child labourers;

Programmes aimed at improvingoccupational safety and health in

small footwear workshops;Programmes aimed at providing more economic opportunitiesin communities that are vulnerable to child trafficking;Programmes to develop support to providers of services tovictims of child trafficking; andProgrammes to support the strengthening of new Provincialcommittees on child labour.

According to Patrick Quinn, Project Chief Technical Adviser,these and other programmes supported by the ILO-IPEC Project ofSupport to the National Action Plan on Elimination of the Worst Formsof child Labour will be carefully monitored. “The ILO-IPEC Project isseeking to develop models of interventions and “best practices” whichcan be replicated elsewhere by government and other partners inorder to create a future without child labour,” he continued.

10

construction, trades and services. The majority of the workingchildren have dropped out from school, and their educationlevels are limited to elementary or junior high school.

The CLFZ concept is part of the commitments of theIndonesian Government to eliminate the worst forms of childlabour following up the ratification of the ILO Convention No.138 (on minimum age) and No. 182 (on its worst forms).Previously, the Government has developed the National Planof Action for the Elimination of the Worst Forms of ChildLabour within a 20-year framework.

As part of its commitment for the implementation of theCLFZ pilot programme, the ILO undertook a rapid assessmentin April 2002. The outcome of the rapid assessment waspresented to the local stakeholder in early 2003, whichcontributed to the development of the Strategic Plan on ChildLabour Free Zone (2003-2007). Under its Decent WorkCountry Programme for 2004-2005, the ILO has identified anumber of technical support programmes to support theimplementation of the Strategic Plan, including:

Socialisation of the CLFZ programme to district governmentagencies, employers’ and workers’ organisations, NGOs andto local, provincial and national media;

Development of a programme for implementation,including the formulation of child labour monitoring anddatabase;Development of advocacy and socialisation materials; andFacilitate coordination with relevant national governmentagencies.

Child

Lab

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Kutai Kartanegara:The First Child Labour Free Zone

The CLFZ is a new, comprehensive strategy aimed ateradicating child labour within a definite period of time.Considering Indonesia’s vast geographical areas, highpopulation, and different socio-economic levels, it is difficultfor the government to implement programmes for theelimination of child labour at national level.

Consequently, efforts for the eradication of child labourare being concentrated on limited geographical areas withprogrammes linked to other related developmentprogrammes, such as poverty reduction, education for all, andhuman resource development programmes.

Kutai Kartanegara District is one of the richest districts inIndonesia with the biggest reservoir of natural gas and oil inthe country. It has chosen to act as the first model district forthe implementation of the CLFZ concept. With “GerbangDayaku” as the local development paradigm, KutaiKartanegara has three development priorities: InfrastructureDevelopment, Rural Economy, and Human ResourcesDevelopment. In implementing the Human ResourcesDevelopment, for example, the district has developed 12-yearand 9-year of compulsory basic education programmes.

According to Kutai Kartanegara Central Bureau ofStatistics, there are around 7,500 child labourers aged 10 - 18years. The figure reaches 17 percent of the total number ofchildren in Kutai Kartanegara District. They mostly work in thefollowing sectors: agriculture, mining, fishery, lumber,

...no child labourers below the age of 15years, including the worst forms of child

labour for children under 18 years, by theend of the first five years (year 2007). Bythe end of the second five years (year2012), all children below the age of 18

years will have access to 12-years ofcompulsory basic education.

© Kutai Kartanegara District

K utai Kartanegara District, located in East Kalimantan,Indonesia, has declared its region as a Child Labour FreeZone (CLFZ) in 2002. The declaration is another milestonetowards eliminating child labour in Indonesia. It represents aninnovative approach of collaboration between central anddistrict governments and the ILO to combat child labour in thecountry.

The declaration is the first of its kind in Indonesia andworldwide. As a CLFZ, Kutai Kartanegara District proclaimsthat there will be no child labourers below the age of 15 years,including the worst forms of child labour for children under18 years, by the end of the first five years (year 2007). By theend of the second five years (year 2012), all children belowthe age of 18 years will have access to 12-years of compulsorybasic education. This commitment was endorsed by theDistrict Regulation No. 9/2004.

Rights at Work

features of the Guideline includeprovisions concerning police detail,police actions, and the use of masshandling equipments and firearms.

Drafts of the Guideline are beingsocialized to police personnel at sub-district, district and provincial levelsthrough Sensitization Training on theFundamental Principles and Rights atWork and the Role of Police inIndustrial Disputes in the sixprovinces covered by the Project. This

series of 12 training, first started on 22 November in Medan,North Sumatra, will continue to be conducted by the PoliceMaster Trainers trained by the Project.

After completing their Consolidation Training on 11-13October, these Master Trainers are now ready to conduct thesensitization training for their fellow police men and womenin the field. Representatives of the tripartite constituents willalso be involved as participants in efforts to initiate contactand coordination between the police and the tripartiteconstituents in the regions.

Indonesian Police to Develop Guidelinesin Handling Workers’ Strikes and Company Lockouts

“...the main objective of theGuideline is to enhance theIndonesian Police capacityin conducting its proper role

in industrial dispute situations thatinvolve workers’ strikes, picketing,

demonstrations,and company lockouts.”

Christianus Panjaitan, National Coordinator of the Police Training Project, accompanied byCarmelo Noriel, CTA of Industrial Relations Project, explained about programme of the Projectto Vice Chief of Indonesian National Police, Police Commissioner General Adang Daradjatunduring a meeting at the Police Headquarters in Jakarta. The Vice Chief was accompanied byDeputy Chief on Human Resource Development of the Indonesian National Police, PoliceInspector General Winarto; Head of Personnel Development, Police Brigadier GeneralSutjiptadi; and Director for Training Development, Police Brigadier General Bambang Pranoto.

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U nder its technical cooperationwith the ILO Declaration Project onPolice Training, the IndonesianNational Police (INP) is developing“Police Conduct Guidelines inHandling Law and Order in IndustrialDisputes”, which will be enacted bythe Chief of National Police in early2005.

According to ChristianusPanjaitan, National Coordinator of thePolice Training Project, the mainobjective of the Guideline is toenhance the Indonesian Policecapacity in conducting its proper rolein industrial dispute situations thatinvolve workers’ strikes, picketing,demonstrations, and companylockouts. “Such conduct is veryimportant in contributing to thecreation of harmonious andproductive industrial relations inIndonesia,” he added.

The Guideline has beendeveloped through a series of consultative processes withrepresentatives of Ministry of Manpower and Transmigration(MoMT), trade unions and Indonesian Employers’ Association(APINDO) to ensure its effectiveness. A number of consultativemeetings with the tripartite constituents, chaired by the Headof Personnel Development of the INP, Police BrigadierGeneral Sutjiptadi, were conductedon 29 September and 4 November.These meetings will be followed byother consultative meetings with thesame groups to finalize the Guideline.

Provisions of the Guidelinestipulate that, inter alia, police role inindustrial dispute situations shall belimited to the maintenance of law andorder in such situations where there isa genuine threat to public safety andorder, and not to interfere where thesituation is otherwise. In conductingsuch role, the police are expected to ensure peaceful exerciseof workers’ and employers’ rights to strike or lockout.

The Guideline alsostates that police shallcoordinate with manpoweroffice(s), as well as tradeunions and APINDO inorder to maintain publicorder and peace inindustrial relations. Other

ILO

The video is part of a total of 48 training VCDs ondifferent functions of the police that are being developedby the ICITAP under its cooperation project with theIndonesian Police. Production of the VCD was done bythe ICITAP based on a scenario outline provided by theProject, and it is currently at the final editing stage beforeproduction, multiplication and distribution.

Training materials: Police Training VCDRi

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Police Conduct Guideline:H I G H L I G H T SPolice conduct in handling strikes, lockouts and industrialrelations disputes in general shall be limited to themaintenance of law and order. Such action shall takeplace only if there is a genuine threat to public order andproportionate to such threat.

Police officers may not interfere in industrial relationsdisputes that does not resulted in the disturbance of publicsafety and order.

Department of Manpower and Transmigration ormanpower office(s) and representatives of workers andemployers concerned shall immediately be informed atthe first instance of an industrial dispute that leads tostrikes or demonstrations and riots.

Police unit(s) shall be detailed … for the purpose ofproviding protection and services in the maintenance oflaw and order of the general public and ensuring thepeaceful exercise of workers’ and employers’ rights tostrikes or company lockout.

In case of a demonstration that has escalated into criminalact that resulted in violation of laws, police personnel musttake police actions in firm and measurable manners inaccordance with the laws, while up holding human rights.

Police officers who exceed their authority in the use offorce, mass handling equipment and firearms will besubjected to disciplinary, police code of ethics, or penalsanctions according to the violations.

An Indonesian police officer during workers' strike

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I n cooperation with the International Criminal Inves-tigative Training Assistance Program (ICITAP) of the USDepartment of Justice, the Project is developing a TrainingVCD on Handling Workers’ Strikes and Demonstrations. TheVCD serves as a training tool for two different subjects, namely“Handling of Workers’ Strikes and Demonstrations” and“Event Planning”.

“The Police Training Project will use the VCD in itssensitization training programme, whereas the ICITAP will useit in its training programme on different police functions. Thisself-explanatory video will also be used by the Police in theirin-service training programmes in their regional officesthroughout Indonesia,” explained Christianus Panjaitan,National Coordinator of the Project.

The video depicts how a police unit prepares itself inhandling a workers’ strike that escalates into strongdemonstration involving some beatings of the workers by apolice officer, who at the end is taken accountable for hiswrong action. It provides some basic principles for the policein handling workers’ strikes and demonstrations and inconducting pre- and post- deployment preparation.

© IL

O/Tr

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English text: Step up for change!. Stop Violence. The maintenanceof law and order without violence in handling worker’s strikes

demonstrations for the creation of harmonious and productiveindustrial relations.

* Only

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in B

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T he ILO under its Declaration Project on Industrial Relationsin Indonesia held the Emerging Trade Union Leaders (ETUL)Course from March to December 2002 in Jakarta. Around 25young, potential trade unionists learnt about trade unionadministration, collective bargaining, health and safety, labourlaws and industrial relations, international labour standards,labour economics and social security. After two years, how arethey doing now?

Roni Febrianto, Secretary of FSPMI (Federation ofIndonesian Metal Trade Union), and AzharHabib, Deputy Secretary General of FSPMI, aretwo of the graduates.

Roni stated that the course has improved hiscapacity as a trade unionist, particularly hisunderstanding about manpower-related Acts and

collective labour agreement. “I have more understandingconcerning how to conduct harmonious collective bargainingand develop good labour-management relations. The course hasalso helped me improve the bargaining position of the union asthe union has been actively involved in the formulation ofcompany policies,” responded Roni in the questionnaire sent bythe ILO on the impact of the course.

He added that he is now more aware of governmentregulations and policies related to employment and labour issues.“By participating in the course, I have more awareness aboutissues related to policies. By understanding the weaknesses of theManpower Act, improvements can be discussed and negotiated atenterprise level when developing collective labour agreement.”

Azhar Habib, on the other hand,actively organizes workers’ activities at thefederation level. “Materials from ETULcourses continue to be used for mymembers’ trainings since the materials arevery comprehensive,” said Azhar. He alsofelt that after joining the ETUL, he is moreaware and able to analyze labor relations

problems. Thus, at the company level, he has urged his tradeunion to exercise “function control” on company policies.

“I was able to develop networking with other tradeunionists and get more experience in dealing with various tradeunions,” stated Azhar in the questionnaire. “In ETUL training, welearn how to read the labor situation and how to handle it,” heemphasized on the indirect benefits he has gained.

As they have enjoyed many benefits and advantages fromthe course, they expressed the hope that the project can providemore opportunities to other potential young trade union leadersthrough another ETUL course and for the graduates, the ETULcan be continued by giving a more specific and advance coursein order to ultimately to strengthen the capacities of tradeunionists.

Emerging Trade Union Leaders Course:

“Bringing Changes to the Trade UnionActivities”

Editorial Roundtable:Promoting Employmentand Economic Growth

rior to the media training workshop, the ILO held an Editorial Roundtable on 25 August in Jakarta to discuss a challengingand important theme: “An Agenda for the New Government: Promoting Employment and Economic Growth”. The Roundtablewas aimed at creating a more dynamic vision of work in Indonesia today.

The Roundtable was attended by around 11 chief editors and senior editors from leading Indonesian media, such asKompas Daily, Bisnis Indonesia, and Regional Newspaper Group (print); RCTI and TVRI (TV); Sonora, Smart FM, Trijaya andVHR (radio); and LBKN Antara (news agency). As a special guest was Fikri Jufri, Senior Editor of TEMPO Weekly and one of BoardDirectors of the Jakarta Post.

Main issues raised during the Roundtable were high number of unemployment, low quality of education, lack ofgovernment support to small medium enterprises (SMEs), lack of consistent regulations and informal economy. “The other mainproblem is that majority of Indonesian human resources are still lacking of competency and competitiveness. It is mainly becauseof inconsistency of the Indonesian labour market system,” said Achmad Djauhar, Chief Editor of Bisnis Indonesia.

Meanwhile, Suryopratomo, Editor-in-Chief of Kompas Daily, questioned government’s commitment in supporting andimproving SMEs. “The government is more likely to support big enterprises, forgetting that SMEs can be one of the solutions foremployment problems,” he added.

However, Atmadji Sumarkidjo, Deputy News Director of RCTI, responded that the main problem faced by national mediawas how to keep labour and employment issues as a priority. “The most important for us, from perspective of the media, is howto see the real problem, not merely issues on workers’ demonstrations or company lockouts. Also important is how to makeissues related to labour attractive and “sexy” as viewers tend to see easy programmes.”

Thus, Fikri Jufri urged the ILO to be more active in doing its campaign on issues related to labour and employment. “Theaim is to urge the government to formulate good employment regulations, and how the ILO be able to encourage the newgovernment to place employment as a priority,” said Fikri.

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Fikri Jufri, Senior Editor of TEMPO Weekly (second left), is raising main employment problems faced byIndonesia during the Roundtable before other participants and ILO officials: Margaret Reade Rounds(Programme Manager of Youth Employment) (far left), Kevin Cassidy (Communications Manager of IFPDeclaration) (middle) and Patrick Quinn (Chief Technical Adviser of the ILO-IPEC) (far right).

ILO

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namely: Labour, Legal, Local and Infrastructure. Meanwhile,Atmadji focused on social and economic issues in Indonesia.He discussed about seven main problems faced by Indonesiatoday, such as corruption, collusion and nepotism,unemployment, good governance, social justice and security.

Overall, the training workshop focused on practical training,through workshops and story development, to assist theIndonesian media in broadening their understanding of work-related issues and concerns. The training sessions wereworkgroup-oriented with hands-on training that focuses on fourkey areas: (1) Getting familiar with work-related issues; (2)Developing work-related stories and programmes; (3) Narratingstories; and (4) Implementing and marketing the programmes.

Majority of the groups had strong interests in developingand producing stories related to the role of the police inindustrial relations, child trafficking for prostitution, childreninvolved in sale, production and trafficking of drugs, andoutsourced workers.

At the end of the workshop, most participants found ituseful. “The training is a new experience for me. I have learntmore about labour related issues and other journalistictechniques. Training like this should be organized often,” saidPutut Ariyo Tejo, News Coordinator Assistant of Batam Post.

A work group discussion with hands-on training.

Editor in Chief: Alan BoultonDeputy Editor in Chief: Peter RademakerExecutive Editor: Gita LinggaEditorial Coordinator: Gita LinggaTranslator: Gita LinggaCirculation: Budi SetiawatiContributors: Alan Boulton, Asenaca Colawai, CarmeloNoriel/Lusiani Julia, Christianus Panjaitan, Dewayani Savitri/Kyung Eun Lee, Djoa Sioe Lan, Gita Lingga, Margaret ReadeRounds, Oktavianto Pasaribu, Patrick Quinn, PeterRademaker, Tauvik Muhamad and T.I.M. Nurunnabi KhanDesign & Production: Ikreasi

ILO Jakarta NewsletterMenara Thamrin BuildingJl. M. H. Thamrin Kav 3, Jakarta 10250, IndonesiaPh. (62-21) 391-3112, Fax (62-21) 310-0766Email: Jakarta@ilo.org, Website: www.ilo-jakarta.or.id

The ILO Jakarta Newsletter is a bilingual newsletter aimed atdealing with the very substance of the ILO Jakarta’s work inIndonesia. The newsletter is published three times a year andis also available online. The opinions expressed herein do notnecessarily reflect the views of the ILO

Editorial

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ILO Media Training Workshop:

Dynamic Reporting on the World of Work

From left to right: Ahmadji Sumarkidjo (Deputy News Director of RCTI); Carmelo Noriel (ChiefTechnical Advisor of ILO Declaration Project on Industrial Relation in Indonesia); andSuryopratomo (Editor in-Chief of Kompas Daily).

“The training is a new experience for me.I have learnt more about labour relatedissues and other journalistic techniques.Training like this should be organizedoften,” said Putut Ariyo Tejo, NewsCoordinator Assistant of Batam Post.

ILO

ILO

“Story related to sex is always interesting,” said Dipa Mulyafrom Female Radio (one of Indonesian private radio stations)when explaining why his group had chosen to develop a storyabout children trafficking for prostitution during a two-day ILOMedia Training Workshop in Jakarta. Under the banner“Dynamic Report on the World of Work”, the training was heldfrom 26-27 August.

“More than that, the story also talks about children as thefuture generation of the country. As a human interest story, it candeeply touch people,” he continued pitching before news editorsplayed by the trainers and selected participants.

Dipa was one of 35 journalists from print, radio and TVparticipated in the workshop. To maximize the outreach of thetraining, four journalists from leading regional newspapers inSamarinda, Medan, Batam and Surabaya were also invited.The training was run by high-level trainers from the ILO,European Broadcast Union, BBC World Service-IndonesianLanguage and other international media specialist.

The training was opened by Suryopratomo, Editor-in-Chiefof Kompas Daily, Atmadji Sumarkidjo, Deputy News Director ofRajawali Citra Televisi Indonesia (RCTI), and Carmelo Noriel,Chief Technical Adviser of ILO Declaration Project on IndustrialRelations in Indonesia. Kompas Daily is the most leadingnewspaper in the country; meanwhile RCTI is one of majorprivate Indonesian TV stations.

Suryopratomo discussed issues related to media andunemployment problems. He emphasized the role of media toafflict the powerful and to comfort the afflicted. He also statedthat Indonesia was now facing what was called 3 L + 1 I,

On arrival in Mecca, she was collected by her employer,a 40 year old man and his wife. He explained that she wouldwork as a domestic worker and be paid monthly. Ida alsosigned a work contract with her employer. Again, she took nonotice of the contents of the contract as she considered it onlyan administrative requirement. For her, the most importantaspect was that she was able to work, earn money, andtransfer it home to her family.

Ida lived with her employers in their apartment. Sheworked alone but at times, she would work for almost 24hours without rest. She did not get any holidays. Then, twomonths into her employment, the torture, abuse and violencebegan – beatings, being ironed, having hot water poured onher, being shocked with electricity, being kicked and verballyabused. She was not given any food, so she often stole thefood in the kitchen, which was always locked. She was not

allowed to communicate withother people. Her employers’excuse was that her work in thekitchen was not good enough.

She pleaded with heremployer not to beat her again,promising to do all her work well.But nothing changed. The abuseand violence continued, and shedid not obtain her pay aspromised. She was told that shewould be paid at the end of hertwo-year work contract. Idarequested the recruitment agency

to relocate her to another employer, but they ignored her.

In her eleventh month of employment, Ida was accusedof stealing the mobile phone of her employer’s guest. She waslocked in the bathroom, handcuffed, and beaten for not owingup to the theft. Her head was beaten so bad that her right eyenow suffers from diminished vision. Unable to endure thetorture any longer, Ida decided to flee by climbing through thewindow in the guest room. Unluckily, she fell from thewindow of a fourth floor apartment, knocking herselfunconscious and breaking her backbone in the process.When she revived, she found herself in hospital.

15

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Domestic Workers Project:

Ida’s Story: The Reality of Domestic Migrant Workers*

• • •

da (not her real name), is 27 years of age, still single, withan elementary level of education. She is the youngest of threesiblings. Her family does not own land, a paddy field, or fishpond, which can be used to sustain their livelihoods. Ida livesin a village in Banten. Because of poverty, many young peoplein her village go abroad as migrant workers. They go to Korea,Saudi Arabia, and several other Middle Eastern countries, witha few going to Malaysia.

Ida first went abroad in 1993. From her friend andcousins she obtained information about the work conditionsand the “big pay” in Saudi Arabia (her friend and cousins hadnever travelled abroad). Ida was interested and saw it as anopportunity to escape unemployment, earn money andcontribute to improving the economic situation of her family.Ida discussed her plans with her brother and soughtpermission from her parents – theygave her their blessing.

At the time she decided tobecome migrant worker, back in1993, she had not had anyNational Identity Card (KTP)because she was only 15 years old.Together with her brother, sheregistered herself with a recruitmentagency in Central Jakarta. Theyfacilitated her falsification of age sothat she became 32 years old, andher KTP was processed in hervillage paid by her parents. Herpassport was also organised by theagency, for which they charged Rp 600,000. While waiting forher passport, she undertook a training course with the agency.Before she left for her first trip to Saudi Arabia, Ida signed awork contract that had been drafted by the recruitmentagency. She did not read its contents.

Her first experience as a migrant domestic worker toMedina, Saudi Arabia, was good. She worked for 9 years, andevery three years she was given a one-month leave to visitIndonesia. In 2002, Ida returned, rested for several months inher village, and then left again for Saudi Arabia through adifferent recruitment agency. She was assigned to work inMecca.

ILO

Then, two months into her employment,the torture, abuse and violence began –beatings, being ironed, having hot water

poured on her, being shocked withelectricity, being kicked and verbally

abused. She was not given any food, ...She was not allowed to communicate withother people. Her employers’ excuse wasthat her work in the kitchen was not good

enough.

I

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Whilst she was hospitalized, her employer came andpersuaded her to come back. Ida refused, insisting onremaining in hospital until she was strong enough to return toIndonesia. Prior to her return, her employer asked her to signa letter. She was told that the letter stated that the cost of thehospital treatment would be deducted from her pay, and that ifshe refused to sign the letter, she would be taken back to heremployer’s house. In fright, she signed it. It was only later thatshe knew that the letter stated she had received all her pay.

As soon as she was able to walk again, Ida went to herrecruitment agency and insisted to be returned to Indonesia.At first, the agency said that Ida could not return home, buteventually relented and sent her home. She returned toIndonesia in October 2003—empty-handed, with wounds thathad not fully healed, a limp when she walked, and her righteye almost blind. Yet, she still wishes to go abroad again toimprove the economic situation of her family.

Ida’s story is the reality for most migrant domestic workers inAsia. Such experiences led to the February 2003 RegionalConsultation in Hong Kong on Domestic Workers. At thatmeeting, it was recommended that there was a critical need

to protect migrant workers inAsia against the threat oftrafficking in persons or forcedlabour because of theisolation, discrimination andabuse domestic workers often experience.

This led to the design of a sub-regional South-East Asian Project onMobilisation on the Protection of Domestic Workers fromTrafficking and Forced Labour in South East Asia. The Project aimsto strengthen the protection of domestic workers in South East Asiathrough: (1) Research, Documentation & Analysis; (2) Advocacy &Technical Cooperation on Policy & Legal Frameworks for theProtection of Domestic Workers; (3) Strengthening the Organisationof Domestic Workers; (4) Capacity Building of Stakeholders; (5)Awareness-raising; and (6) Pilot Interventions. The Project coversthe sending countries of Indonesia and the Philippines, and thereceiving countries of Malaysia, Singapore and Hong Kong SAR.With the support of the UK DFID, the Project began in May 2004and will end in March 2006.

* The story is taken from “Preliminary Report of the ILO on Mapping Forced Labour and HumanTrafficking for Labour and Sexual Exploitation from, through and within Indonesian, 2004.

... Domestic Workers Project:

Ida’s Story: The Reality ...

in the long run comesto more than 3,000judges.

A number ofessential activitiesof the Project forthe coming monthshas emerged to include an introductorybriefing for the Supreme court officials on the ILO;International Labour Standards (ILS) and comparative systemsof labour adjudication; technical assistance to set-up trainingcurriculum for labour judges; and training workshops forjudges and potential judges on ILS and pre-adjudicationconciliation with experts from the ILO Turin, InternationalTraining Center.

Despite the delayed selection and appointment of judgesand ad hoc labour judges, the Project has involved itself in thepreparations for setting up the new Indonesian labour disputesettlement systems. The Project provided technical assistanceand support mainly in the form of presentations, trainingmaterials and publications to the tripartite constituents in theworkshops or seminars they have organized themselves onthe socialization of Act No. 2 of 2004.

Those seminars, for examples, as follows: NationalMeeting of Indonesian Mediators Association (8-9 August),National Meeting of Judges (23 September), presentations inthe international business community and American Chamberof Commerce (31 August) and British Chamber of Commerce(30 September), and separate activities of trade unionfederations such as SPMI (1 August), SP-RTMM Bandung (3September) and SP-TSK Bandung (2 October).

A ct No. 2 of 2004 on Industrial Dispute Settlement willtake effect in less than two months. It introduces five (5)Dispute Settlement Procedures, namely BipartiteSettlement, Mediation, Conciliation, Arbitration andIndustrial Court. As part of the ILO/USA Declaration Project’sobjective to assist the socialization and implementation oflabour laws in Indonesia including Act No. 2 of 2004, theProject commits in providing initial trainings to mediators,conciliators, arbitrators and labour judges appointed underthe Act No. 2 of 2004.

The current number of mediators in Indonesia isrecorded about 800 people. Based on the new Act, inaddition to mediators, conciliators and arbitrators will also beappointed although they are not considered to be governmentofficials. The Project plans to provide them with a range oftrainings and workshops to improve their skills and expertiseas well as to introduce them to various alternatives disputesettlement mechanisms and approaches.

Mediators, conciliators and arbitrators will be expected toprovide much more than just dispute resolution services, butalso relationship development and training programsdesigned to limit or prevent conflict. The Project plans to invitesome experts from Singapore, Australia, and Malaysia to bethe resource persons for the trainings and workshops.

With regard to the labour judges, the new Act envisions alabor court at the Supreme Court level composed of aSupreme Court judge and ad hoc judges, and at the districtlevel composed of a judge and 10 ad hoc judges (five eachfrom workers and employers). With about 300 districts in all ofthe 32 provinces, the total number of judges to be appointed

ILO Declaration Project:

Setting up the New IndonesianLabor Dispute Settlement System

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Indonesian Businesses StageWar on

Social Protection

From left to right: Tauvik Muhamad (National Programme Coordinator on HIV/AIDS of ILO Jakarta), Faisal Basri (Economist from University ofIndonesia), Sofjan Wanandi (Chairman of APINDO), Hari Nugroho (Researcher from University of Indonesia) and Richard Howard (Private Sector

HIV/AIDS

that his organization was also committed to launch a pilotproject consisting of several companies to develop workplaceprevention programmes as modeled programmes that couldbe replicated at enterprise level nationwide.

The ILO’s Coordinator for HIV/AIDS, Tauvik Muhamad,praised the commitment from APINDO. “Conducting HIV test

will only burden companies as, besidesbeing expensive, it does not guaranteethat in the following days their workerswill not be infected. It would be farcheaper for companies to campaign forthe prevention and control of HIV/AIDSand organize education and training onthe syndrome for the workers,” headded.

In Indonesia, there were anestimated 90,000 to 130,000 peopleliving with HIV/AIDS at the end of 2003,

of which 75% were male and 25% female. Due to factorssuch as a large mobile workforce, a large commercial sexindustry (about 200,000 female sex workers with 7-9 millionclients) and very low rates of condom usage, it is estimatedthat the number infected could double by end of 2004. TheDepartment of Health furthermore estimates that between 17and 20 million Indonesians are at direct risk of HIV infectionbecause of these risk factors.

H IV/AIDS epidemic has alreadybecome a major threat to the worldof work. The epidemic cuts thesupply of labour and threatens thelivelihood of many workers andtheir families. The loss of skilledand trained workers also affectsproductivity and the operations ofenterprises nationwide.

A new ILO report released inJuly 2004, “HIV/AIDS and Work:Global Estimates, Impact andResponse”, estimates that, withoutincreased access to treatment, HIV/AIDS will become the single biggestcause of mortality in the world ofwork; 48 million workers will be deadby 2010 and 74 million by 2015.

Consequently, the ILO JakartaOffice, in collaboration with theIndonesian Employer’sOrganization (APINDO) and AksiStop AIDS-USAID (ASA-USAID),held a Series of CorporateResponses on the Impact of HIV/AIDS under the banner “HIV/AIDSis Everybody’s Business” in three provinces: DKI Jakarta on 29July, East Java on 30 August and West Java on 1 October.These provinces were specifically targeted due to their highprevalence of HIV/AIDS.

These series of workshops were organized as the follow-up of the Manpower Ministerial Decree No. 68 on HIV/AIDSPrevention and Control at the Workplaceadopted in May 2004. The Decree,which adopted the principles of the ILOCode of Practice on HIV/AIDS and theWorld of Work, bans employers fromdiscriminating against workers with HIVand requires employers to take stepspreventing and controlling the spread ofHIV/AIDS in the workplace through theOccupational Safety and Health schemes.

According to Alan Boulton, Directorof ILO Jakarta, companies play animportant role in responding to HIV/AIDS as part of their socialresponsibility. “Work provides a venue—the workplace—wheretalking about HIV/AIDS is especially relevant, where preventionprogrammes can be conducted, and where issues ofdiscrimination and stigmatization can be addressed,” he said.

Meanwhile, Sofjan Wanandi, Chairman of APINDO, onbehalf of the Indonesian business community, committed toformulate actions against HIV/AIDS at the workplace. He stated

“Conducting HIV test willonly burden companies as,besides being expensive, it

does not guarantee that in thefollowing days their workers

will not be infected,”.Tauvik Muhamad

ILO’s Coordinator for HIV/AIDS

17

18

The Application ofthe ILO Code of Practice on HIV/AIDS andthe World of Work

U

Implementing the HIV/AIDS Learning Strategy forthe UN: Asia and thePacific Training ofLearning Facilitators

nder UN Resident Coordinator supports, TauvikMuhamad (ILO Jakarta) and Keiko Izushi (WFP Jakarta),together with 30 other participants from 15 countries,participated in UN HIV/AIDS Training of LearningFacilitator for Asia and the Pacific in Bangkok, Thailand,from 19 to 26 October 2004. The participants alsoincluded ILO’s representatives, namely: Chun Bora (ILOin Cambodia), Sylvia Fulgencio (Philippines), SaymanoSanoubane (Laos) and Karolin Holm (Thailand).

The main objective of the workshop was to ensurethat all country teams have resource persons who fullyunderstand the UN Learning Strategy on HIV/AIDSagreed by all co-sponsors. It was also to ensure that all

participants have a common understanding concerning theagreed learning outcomes and standards related to HIV/AIDS inthe workplace to support national responses to HIV/AIDS. At theend of the workshop, the country-provisional plan for theimplementation of learning activities was prepared for furtherconsultation within the UN system at the country level.

The training was facilitated by Alan Silverman (UNAIDS NewYork), Victor Ortega, Clemet Chankam, Philippe E. Gasques andSteven Jensen (UNAIDS Geneva), Louise Robinson (WFP Rome)and Shibananda Purailatpam (UNDP New Delhi).

Having written regulation/policy of HIV/AIDS(n=191)

12

Yes

No

88

Reason for no written regulation/policy on HIV/AIDS (n=130)

16.3

24.8

14.7

9.3

34.9

Others

No urgency fot the policy

No socialization from govt.

Rely on doctor medical letter

No employees found havinginvected by HIV/AIDS

HIV/AIDS free as a requirement for recruitment

No

47.9%

52.1%Yes

Continuing the Recruitment of the InfectedEmployees (n=169)

86.4No

11.5Dependsonemployees’condition

2,1Yes

T he ILO, in collaboration with University of Indonesia,conducted a baseline survey from April to June 2004. Thesurvey covered around 191 companies in four provinces: DKIJakarta, East Java, Riau Islands and Papua. These provinceswere specifically targeted due to their high prevalence of HIV/AIDS. For further information about the report, contact ILOJakarta Office.

HIV/AIDS free as a requirement for jobpromotion (n=187)

52.9Yes

47.1No

19

Trade Union and Child Labour

Not all trade unions are active in advocatingthe elimination of child labour. A Trade UnionConsultative Group on IPEC and Youth

Employment was thus convened in July. It provided an informalforum for trade union information and knowledge-sharing onanti-child labour initiatives and programmes.

As a follow-up to these discussions, work is currentlyunderway under the direction of the IPEC Chief TechnicalAdvisor to adapt the ILO ACTRAV Trade Union and ChildLabour Manual. The intention is for trade unions to use themanual to initiate and/or complement their anti-child labouradvocacy and awareness-raising initiatives.

Trade Unions and Gender

Gender has been an on-going subject areawhere the ILO has provided trade unions muchsupport over the last 8 – 9 years. A study on

Trade Union Structures and Gender Equality is nowunderway, where the impact of the ILO/Trade Union genderactivities will be assessed in terms of its impact onorganisational structures of trade unions, recruitment strategiesfor women and men, and how trade unions address women’sconcerns as an organisation, to name a few.

The study will conclude in early January 2005, and willbe followed by a workshop in February 2005 where thefindings of the study will be discussed. At the same workshop,trade unions will have an opportunity to contribute to thedevelopment of the follow-up activities from the study.

The ILO Jakarta Office’s Gender Audit in November alsosaw the participation of the trade unions. The three mainnational trade union confederations stated that their respectivecollaboration with the ILO on gender has been good.However, given the investment that both the ILO and tradeunions have put into the issue, working women’sempowerment was still an obstacle trade unions continue toface due to religio-cultural ideologies on the role of women.

Trade Unions and Migrant Workers

The formation of a Trade UnionConsultative Group on Gender saw to the

discussion of the domestic/migrant worker issue and howtrade unions could contribute in addressing the issue.Suggestions by the trade unions as to their contributions were:(a) inclusion of a ‘domestic/migrant workers rights’ module intheir training programmes; (b) advocacy and awareness-raisingamongst members and the community on domestic/migrantworkers rights; and (c) mobilisation and lobbying for improvedpolicies and laws with regard to domestic/migrant workers.

Work is underway to compile and adapt a trade union-specific training manual on Migrant Workers Rights and theRole of Trade Unions for trade unions to use as a guide in their

Trade Unions and the ILODeclaration

At the core of the ILO’s Decent Work Agendais the promotion of the ILO Declaration. For trade

unions, its promotion stands at the heart of trade unionactivities. Under the ILO/USA Declaration Project, trade unionworkshops on Freedom of Association and CollectiveBargaining have been convened at the initiative of trade unions.

The SPSI plantation sector unions convened a TradeUnion Administration Workshop in Bandung on 28 August2004, resourced by the Declaration Project. The GSPMIIconvened a workshop on Collective Bargaining andNegotiation on 30 August, resourced by the Associate Expert.Materials for both workshops were provided by the DeclarationProject. The ILO will continue to provide technical support andmaterials, upon request, in 2005.

Trade Unions and the PovertyReduction Strategy (PRS)

As a follow-up to the Trade Union PRSPwork, a Symposium on Globalisation was held on27 July. The objective was to share with the

Indonesian trade unions the ILO Report on the WorldCommission on the Social Dimension of Globalisation, as wellas to initiate trade union discussions on how they couldpromote decent work in this era of globalisation. The WorldBank, the Institute of Global Justice, a University of Indonesiaacademic and ILO Geneva delivered papers to help tradeunions understand the role decent work could play inharnessing the advantages of globalisation.

At the Symposium, there was a consensus amongst thetrade unions that there was a need for trade union cohesion atnational level, as this would strengthen the ‘trade union voice’at national policy-making levels. In this regard, the ILO willcontinue to facilitate, as best as it can, on-going trade unionparticipation in PRS activities in 2005 under the ILO’s PRSprogramme.

Trade Unions and HIV/AIDS

Initial 1-day HIV/AIDS workshops wereorganized for two cities (Surabaya and Jakarta) inSeptember in response to the identified needs

highlighted at the Trade Union HIV/AIDS ‘Zanzibar Café’Consultative Group meeting in June and July. The objective ofthe workshops was to: (1) provide more information andunderstanding among workers of the impact of HIV/AIDS tobusiness and (2) develop strategies for workplace preventionprogrammes, to scale-up the action to combat the spread ofHIV/AIDS, including the piloting of HIV/AIDS preventionprogrammes in companies. More workshops are scheduled fortrade unions in other regions for 2005 under the ILO’s HIV/AIDS programme

Social DialogueTrade Union Activities In Short

• • •

training programmes. Related advocacy and awareness-raising materials are also under development to complementthe training manual. Both activities are being implementedunder the Domestic Workers Project.

Trade Unions, Youth andEmployment

As a result of the establishment of theIndonesian Youth Employment Network (IYENetwork), sometrade unions have established Youth Desks/Programmes toaddress the issue, such as KSPI. Others, such as KSBSI, hadinitiated their own Youth Programmes before the formation ofthe IYENetwork.

As a result of the ILO Youth Employment Project (whichis in support of the implementation of the IYEN NationalAction Plan), interest has emanated from the trade unions onemployment strategies for its displaced (retrenched) members.Initiatives have already begun by some trade unions onservices that can be provided to their displaced members,such as the formation of cooperatives of displaced workers, inassociation with JAMSOSTEK.

As a follow-up, there are plans to hold discussions withthe trade unions in late 2004 or early 2005 on the issue ofworker displacement in the context of employment strategies,and the informal economy.

Trade Unions and the AgricultureSector

Under the supervision of the Sub-RegionalOffice Manila Workers Specialist, two studies on the agriculture

... Trade Union Activities IIIIIn n n n n SSSSShhhhhooooorrrrrttttt

sector are slated for December. The two studies focus ondecent work deficits for agriculture workers, and rural workers,respectively. It is envisaged that the findings of the study willinform the ILO and trade unions on specific interventions thatcan contribute to agriculture, and rural, workers’ well-being atthe ‘workplace’, including notions of how to improve workerorganisation in the sector.

International Trade UnionActivities in Indonesia

Recently, several sub-regional internationaltrade union meetings were convened in Indonesia. The ILOwas invited to speak at two such meetings. The first was theIUF Sub-Regional Workshop on Maternity Protection on 27September. Fourty affiliates representing six countries of theSouth-East Asia sub-region participated at the workshop. Thesecond was the World Federation of Clerical Workers(WFCW) Congress and Seminar on the Services Sector andGlobalisation, convened on 1 November

I N B R I E F

National Professional Certification Council. He also mentionedabout the importance of labour market information. “We arelooking for the ILO support to develop credible labour marketinformation as a basis for policy development and facilitation forjobseekers.”

Meanwhile, Bambang Widianto, Director of EmploymentSector from Bappenas, explained that to reduce unemployment rate

from 9.5% in 2004 to 5.1% in 2009 as planned by the newgovernment, employment should become a priority. Thus, in the newMedium Term Development Plan, he proposed that six broad areasshould be included: (1) Improving the role and function of the labourmarket; (2) Improving the quality of human resources; (3) Developingan employment policy on the demand side; (4) Developing anemployment policy from supply side; (5) Improving policy on labourmigrations; and (6) Developing labour market support programme.

Responding to the proposed areas, Djimanto, Secretary Generalof APINDO, emphasized the importance of poverty reduction strategyas an umbrella for placing employment at the heart of economic andsocial policies and for implementing decent work programmes inIndonesia. “It should link to the National Employment Strategy and itshould be regularly monitored at both national and regional levels.”

The consultative meeting will be followed by a meeting withtrade unions, a workshop on employment strategy and a meeting toreview the National Plan of Action on Decent Work.

From left to right: Bambang Widianto (Director of Employment of Bappenas); Kirnadi (Director General of Training andDomestic Placement of MoMT); Tjepy Aloewie (Secretary General of MoMT) and Endang Sulistiyaningsih (Head ofCenter Admin International Cooperation of MoMT).

AILO Jakarta TripartiteConsultative Meeting

round 13 representatives from the Ministry of Manpowerand Transmigration (MoMT), National Development PlanningBoard (Bappenas) and employer’s organization (APINDO)participated in a Tripartite Consultative Meeting hel by ILOJakarta on 12 October. It was aimed at providing an opportunityto receive feedbacks from constituents on the work of theOrganization, updating them on new developments andprogrammes as well as reviewing the progress on the NationalPlan of Action on Decent Work in Indonesia.

Tjepy Aloewie, Secretary General of MoMT, said thatthere was an urgent need to improve the quality of theworkforce. In line with this, the Ministry has established a

Plans for 2005• Continued support on all ILO Jakarta Office project activities and

programmes, including gender, HIV/AIDS, PRS, domestic workers,child labour, youth employment, and declaration.

• Publication of Trade Union Manuals on HIV/AIDS, Child Labourand Migrant Workers Rights.

• Support to the trade unions on the areas of employment strategiesfor its displaced members, and the informal economy.

• Follow-up action on the two agriculture studies.• Follow-up action on the gender study.

THE MOST COMMON FORMS OF SEXUALHARASSMENT AT THE WORKPLACEINCLUDE:

Physical harassment (kissing, patting, pinchingor touching in a sexual manner)

Verbal harassment (unwelcome commentsabout a person’s sex or private life, jokes andinsinuation, sexually explicit conversations,suggestive comments about a person’sappearance or body)

Written or graphic harassment (sendingpornographic pictures through e-mail, puttingup pin-ups or addressing unwanted love lettersto an employee)

Emotional harassment (behaviour whichisolates, is discriminatory towards, or excludesa person on the grounds of his or her sex)

What is SEXUAL HARASSMENTAT WORKPLACE?

Sexual Harassment at Work:

Women Still at Greater Risk“Silence or lack of complaints does not mean that sexual

harassment does not occur. The ILO considers sexualharassment as a violation of the fundamental rights of workersand declares declaring that it constitutes a problem of safetyand health, a problem of discrimination, an unacceptableworking condition and a form of violence, primarily againstwomen,” said Carmelo Noriel, Chief Technical Adviser of ILODeclaration Project on Industrial Relations in Indonesia.

In the workshop, panelists from various companiesshared their experiences in dealing and preventing workplacesexual harassment by establishing a bipartite forum to processany grievance or complaint from workers. The workshopconcluded that developing effective means to address theissue of sexual harassment in the workplace was significantlyimportant and essential since such harassment could also leadto increased absenteeism, high turnover of staff and loss ofvaluable employees and to a poor image of the company.

Gender

21

Women workers at tobacco company in East Java, Indonesia

T

S exual harassment consists of unwelcome andunwanted sexual conduct. Both men and women can besubjected to sexual harassment, yet women are much more likelyto be affected. Certain groups of women workers tend to be atgreater risk of being subjected to sexual harassment, particularlygirls and young women, domestic workers, migrant women,women in male-dominated occupations or training institutions,and women with little job security. A group of women supervisedby a small number of men are also at risk.

The two principal types of sexual harassment in theworkplace are ‘quid pro quo’ harassment and the creation of ahostile working environment. Quid pro quo (meaning ‘this forthat’) harassment refers to a demand by a person in authority,such as supervisor, for sexual favours in order to obtain ormaintain certain job benefits—a wage increase, promotion,training opportunity, a transfer or a job itself. It forces workers tochoose between giving in to sexual demands or losing benefits.This type of sexual harassment is also referred to as ‘sexualblackmail’.

The second type of sexual harassment can poison the workatmosphere and limit the adequate performance of workers.Thus, the creation of a hostile working environment is usuallyincluded in definitions of sexual harassment in laws and policiesagainst the practice around the world. It encompasses physical,verbal and non-verbal acts of a sexual nature which are offensiveto the person being harassed.

he issue of workplace sexual harassment has turned outto be a genuine concern of the tripartite constituents inIndonesia especially in light of the adoption of new labourlegislation under its Labour Law Reform Program. Confusionwhether workers have sufficient protection under theManpower Act arising mainly from silence or lack ofcomplaints when sexual harassment occurred at theworkplace.

As an integral part of the objectives and activitiesenvisioned under the ILO/USA Declaration Project onIndustrial Relations in Indonesia, the Project in collaborationwith the ILO Jakarta Office held the first National TripartiteWorkshop on Sexual Harassment in the Workplace in Jakartaon 24 August.

The main purpose of the workshop was to serve as aninitial informational activity based on national andinternational perspectives, examine the adequacy of existinglaws and policies, including company rules and collectiveagreements in effectively preventing and addressing the issueof sexual harassment and to identify the roles of the tripartiteconstituents and the follow-up measures required. The mainresource person was Naomi Cassirer, Gender Specialist fromILO Sub-Regional Office Manila.

I

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Promising Start forMIGRANT WORKERS*

22

By Alan Boulton,Country Director of the ILO in Indonesia

Women account for an increasing proportion ofinternational migrants. The feminisation of the migrantworkforce, particularly in labour-intensive manufacturingindustries and in many service industries, is most evident inAsia, where a considerable number of women emigrate eachyear in both unskilled and skilled professions, the majority indomestic service and entertainment and, to a lesser extent, innursing and teaching.

Over the last decade Indonesia has become one ofthe world’s major suppliersof unskilled internationalcontract labour. Indonesiais the second largestexporter of labour after thePhilippines. According to

a recent ILO study, thenumber of documented or

regular migrant workers was438,000 in 2002. The number of

undocumented or irregular migrantworkers is difficult to estimate, but islikely to be at least twice the officialfigure.

It is estimated that the annualforeign exchange earnings derivedfrom Indonesian migrant workers isbetween US$1.1 to $2.2 billion.Remittances from migrant workers in

2003 alone amounted to US$1.86 billion, making them thesecond largest contributor to Indonesia’s foreign exchangeearnings after oil and gas.

About 72% of Indonesian migrant workers are women.Over 90% of these women are employed as domestic workersin countries like Malaysia, Singapore, Hong Kong, Taiwan,South Korea and the Middle East. The two main destinationsare Malaysia (40%) and Saudi Arabia (37%). Of thesecountries, only Hong Kong provides a legal framework for theprotection of domestic workers rights, such as working hours,standardised wages, leave, and other conditions ofemployment.

Indonesian migrant workers therefore contribute a greatdeal to the Indonesian economy and society and are anincreasingly important part of its labour force. Labourmigration offers prospects of employment for many whowould have little chance of finding jobs at home and thereforehelps to relieve the unemployment problems in Indonesia.

T he actions by the President and the Manpower Ministerin their early days in office are a good sign that theGovernment will finally address the problems which confrontmany Indonesian migrant workers.

The President made a special trip to Riau Island towelcome returning workers from Malaysia and toacknowledge the contribution of these “heroes”. The newManpower Minister, Fahmi Idris, has visitedMalaysia for discussions with theMalaysian Government on a range ofmigrant workers issues. It isimportant that follow-upaction ensure a propersystem and protections arenow put in place for migrantworkers.

There is growing awareness ofthe problems encountered by manyIndonesians who seek employmentopportunities in other countries. Whileoverseas employment can be arewarding experience formany, some migrantworkers suffer poorworking and livingconditions. In recent well-publicised cases, someworkers have suffered serious abusesat the hands of their employers.

Migrant workers are an increasingly important part of thelabour force of many countries. It is estimated that there aremore than 86 million migrant workers the world over, ofwhich some 32 million are in developing regions. More thantwo million Asian workers leave home every year to work inother countries within, and outside, the region, under short-term employment contracts.

Today’s migrant workforce includes workers with avariety of skills. At the upper end are the millions ofprofessional workers who travel to other countries in search ofhigher wages or greater opportunities. However migrationflows are dominated by workers moving to fill unskilled jobsin those sectors of the labour market vacated by nativeworkers who have moved on to better jobs. Most migrantsfrom developing countries tend to end up working in the so-called “3D” jobs - the dirty, dangerous, and difficult jobs thatlocal workers don’t want.

Age

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The challenge for government is to find ways ofmaximising migration’s contribution to growth anddevelopment and providing appropriate protections andsupport for Indonesians who want to work in other countries.

So what needs to be done? Providing better protectionsfor migrant workers will involve work at different levels. At theinternational level, there must be acceptance that core labourstandards provide a minimum set of global rules for labour inthe global economy.

At the national level, someof the key areas requiringimprovement include:

the provision of accurate,timely and appropriateinformation to potentialmigrant workers about costsinvolved and wages andconditions at the destination;effective control of recruitersand middlemen so thatcommissions, travel andrecruiting costs are charged atrealistic levels;a more streamlinedrecruitment process with lessopportunities for corruption;addressing problems in the official system for obtainingwork abroad (too expensive, too long, etc.) so as toencourage less undocumented labour migration;strengthening laws and policies to combat trafficking inpersons; andencouraging and facilitating the safe forwarding ofremittances.

There have already been significant improvements in thesupport provided to migrant workers through Indonesianembassies in many receiving countries. There is scope fordeveloping these services further through the posting of

The Launch of Police Conduct Guidelines inHandling Law and Order in Industrial Disputes,Jakarta, January 2005

Reconciliation Training for Judges, Jakarta andYogyakarta, January 2005

Industrial Relations Summit, Jakarta, January2005

National Workshop on Strategic Planning forNational Advocacy Network on DomesticWorkers, Jakarta, first quarter of 2005*

Launch of reports and publications on domesticand migrant workers, Jakarta, first quarter of2005*

Workshop for Labour Judges in collaboration withIndustrial Tribunal of Malaysia, Jakarta, February 2005*

Launch of Child Labour Attitude Survey, Jakarta,February 2005

Launch of National Action Committee Report on theImplementation of National Action Plan, Jakarta, March2005

Gender Equality through Collective Bargaining, Jakarta,April 2005*

* planned 2005

23

We need to make greater efforts, both toensure that Indonesia and Indonesians

benefit from the opportunities ofinternational labour migration, and that

proper protections are provided for migrantworkers. Effective and sustained action onthe part of government is necessary for the

development, implementation andmonitoring of policies that will maximise the

benefits, and minimise the risks, of labourmigration.

Labour Attaches in more embassies and the encouragement ofsupport groups for Indonesian workers abroad.

Providing better protections will involve the nationalgovernment working with provincial and district governmentson some of these measures. Consideration should also begiven to ways of upgrading the skills base of the migrantlabour workforce, in order to improve their competitivenessand bargaining power. It is sensible to commit resources todevelop one of Indonesia’s largest export industries – andespecially to one which brings benefits to many ordinary

Indonesian women and men.

It is essential that there bedialogue with, and involvementof, key stakeholders, serviceproviders, and monitoringagencies. Trade unions andcommunity organisations canassist migrant workers byorganising them and giving voiceto their concerns. Most importantof all, there is a need to involvemigrant workers themselves inthe efforts to provide betterprotection.

The fair treatment andprotection of migrant workers also relates to their return toIndonesia and integration back into their local communities.

We need to make greater efforts, both to ensure thatIndonesia and Indonesians benefit from the opportunities ofinternational labour migration, and that proper protections areprovided for migrant workers. Effective and sustained actionon the part of government is necessary for the development,implementation and monitoring of policies that will maximisethe benefits, and minimise the risks, of labour migration.

* The article was Published in the Jakarta Post on Monday, 6December 2004

1

23

4

5

678

9

1. Pandji Putranto, Senior Programme Officer2. Dewi Sri Nurwanti, Admin. Secretary

1. Lotte Kejser, Chief Technical Advisor2. Maria Pakpahan, National Project Coordinator3. Dorothea Soetiman, Admin. Secretary

Behind theDesks

left to right:1. Tri Andhi Suprihartono, Programme CoordinationOfficer2. Julieta Fauzia, Administrative Assistant3. Rolly Aruna Damayanti, National Project Officer4. Margaret Reade Rounds, Programme Manager

Youth Employment ProjectProyek Ketenagakerjaan Muda

Child Domestic Workers andChild Trafficking ProjectProyek Pekerja Rumah TanggaAnak dan Perdagangan Anak

Domestic Workers ProjectProyek Pekerja Rumah Tangga

left to right:1. Djoko, Clerk2. Dewi C. Budhiwaskito, Admin Secretary3. Lusiani Julia, National Project Coordinator4. Carmelo Noriel, Chief Technical Adviser5. Wanna Sakib, Finance Project Officer6. Ganef Cachandra, Driver/Clerk

Industrial Relations ProjectProyek Hubungan Industrial

left to right:1. Ade Cahyadi, Finance Assistant2. Imelda Sibala, Project Coordinator for Mining Sector3. Abdul Hakim, National Programme Officer4. Patrick Quinn, Chief Technical Advisor5. Mediana Dessy, Project Coordinator for Footwear Sector6. Sri Arifin, Administrative Assistant7. Edy Sunarwan, Project Coordinator for Fishing Sector8. Arum Ratnawati, National Programme Office9. Dede Shinta Sudono, National Programme Officer (insert)

Child Labour ProjectProyek Pekerja Anak

1. Christianus Panjaitan, National Coordinator of the Police Training Project2. Ida Farida, Admin. Secretary

Police Training ProjectProyek Pelatihan Polisi

A

ILILILILILO JakO JakO JakO JakO Jakararararartttttaaaaa

BriefGender2nd Bilingual Edition (October - December 2004)

How Much ‘Work’ Do Womenand Men Do?

lthough Indonesian women have been participatingin the labour force in greater numbers in recent years, mostlabour market indicators reveal a bias against women.According to the statistics of 2001, only 52% of women areclassified as participating in the labour force, comparedwith 84% men. Although the numbers slightly changeevery year, men’s labour force participation rates haveconsistently exceeded women’s. Because of pooreducation and training, lack of capital, familyresponsibilities and discrimination, data shows that womenare consistently more disadvantaged in the labour marketthan men.

According to the labour market indicators of theCentral Bureau of Statistics 2003, occupational patterns formen and women differ in their employment statuses, wheremore men (71.4%) work full-time than women (49.8%).Men are also more likely than women to be self-employed,in particular, self-employed with the assistance of family ortemporary workers. In stark comparison is the over-representation of women among unpaid family workersand women working in the informal sector.

The industrial and occupational sex segregation in thelabour market concentrates men and women in differentfields of works. Men dominate in industries that tend toprovide higher pay, such as mining, quarrying, utilities,construction and transport; meanwhile, women have theirgreatest representation in agriculture and trade, which arecharacterized with relatively low payment. Occupationalsegregation confines women to a narrower range ofoccupational opportunities than men, while men are moreevenly distributed.

ContentsContentsContentsContentsContentsHow Much ‘Work’ Do Women and Men Do?

What are the Obstacles Faced by Women at Work?

What Protective Measures are Available?

ILO Programme on Gender Equality in Workplace

Restricted access for women to a broadrange of educational and trainingopportunities

(nearly 70% of the students in vocationalschools are boys)

Low legal and social protection

(among the workers who are covered bysocial security schemes, men outnumberwomen two to one)

Lack of representation

(38% of civil servants were women butonly 14 % of them in positions ofauthority*)

Income disparity

(the average salary of female universitygraduates in Indonesia is 25% lower thanthat of male university graduates*)

(*2002 Country Reports on Human RightsPractices: Indonesia , Dept of State, U.S.A)

Evidence ofGender Inequalityin the Workplace

S

What are the Obstacles Faced byWomen at Work?

tructural obstacles such as discriminatory recruitmentpractices make it difficult for women to participate in theworkforce. A job vacancy with the age limit of late 20s andthree years work experience shuts the door for aspiringwomen who have had to take care of their children bythemselves. Many jobs, even in the non-manual sector,often require higher education achievements andinadvertently, advertise for males only.

There are also cases where pregnant women arereplaced when they are on leave, effectively terminatingtheir employment. Sometimes, different retirement policiesare applied to men and women, preventing women frompursuing their professional and personal aspirations.

In the workplace, women face an up-hill battle inrelation to their working conditions. In many cases, acompany usually persuades women workers not to takemenstruation leave, although the Law No. 13/2003 onManpower states that a company should grant two days ofpaid menstruation leave to all women workers each month.Moreover, many offices do not provideday care centers or special rooms forbreast-feeding mothers.

Convention 100 on Equal Remuneration

Calls for equal pay and benefits for men and women forwork of equal value

Convention 111 on Discrimination (Employment &Occupation)

Calls for a national policy to eliminate discrimination inaccess to employment, training and working conditions,on grounds of race, colour, sex, religion, political opinion,national extraction or social origin, and to promoteequality of opportunity and treatment.

Convention 156 on Worker with Family Responsibilities

Recognize the need to create effective equality ofopportunity and treatment between men and womenworkers with family responsibilities.

Convention 183 on Maternity Protection

Calls for shared responsibility of government and societyto take into account the circumstances of women workersand to provide protection for pregnancy.

In addition, Manpower Act No. 13/2003 aims toprovide more streamlined and comprehensive protectionfor workers including women workers. Articles 5 and 6 ofthe Act contain anti-discrimination provisions.

Article 5: Employmentopportunities are to beoffered without beingdiscriminated against ongrounds of sex, ethnicity,race, religion, politicalorientation, inaccordance with theperson’s interest andcapability.

Article 6: Employers areunder an obligation togive the worker/labourerequal rights and

responsibilities without discrimination based on sex,ethnicity, race, religion, skin colour, and politicalorientation.

ILO Programme on GenderEquality in Workplace

urrently, ILO Jakarta is working closely with thetripartite partners on Equal Employment Opportunity (EEO).In October 2003, the Ministry of Manpower andTransmigration (MoMT) issued a decree (KEP-53/MEN/IV/2004) establishing an EEO Taskforce to coordinate theministry’s technical agencies to prepare programs andactivities for the application of EEO in the workplace. As away to provide technical assistance, ILO has developed aProject to Support the Development of a National Policy onEEO in Indonesia. Through the Project, ILO assists andadvises MoMT on their workplan and program on EEO,provide technical assistance to develop guidelines on EEOfor the private sector and training local government officials.It also conducts consultative meetings with APINDO andthe trade unions on EEO.

Most Employers Still NeglectWomen’s Rights

A survey by the Women’s JournalFoundation (YJP), released in January, hasrevealed that many firms in large cities acrossthe country are neglecting women and theirlegal rights in the workplace. Although lawsrequire companies to grant a three-monthmaternity leave, employers discourage womenfrom taking the full three months off.

It is reported that in some companies, women are told totake maternity leave for two months at the maximum and get extramoney as compensation for the third month. The survey alsorevealed that in many cases, pregnant women have been requiredto take their maternity leave for three consecutive months aftergiving birth. Existing law allow for one-and-a-half months pre-natal, and an equal amount of time of post-natal maternity leave.

The report mentioned that “the pregnant workers remain atwork for the full nine months of their pregnancies, which can bedangerous to their health and for their babies.” The survey alsoshowed that companies also cancel contracts of non- permanentworkers when they are seven or eight months pregnant.Presumably, this is a way for the companies to avoid providingpaid maternity leave.

Source: The Jakarta Post, 24 January 2004: “Most Employers NeglectWomen’s Rights: NGO”

What Protective Measures areAvailable?

our ILO Conventions are central to promoting andachieving gender equality in employment. Of these,Indonesia has ratified two: Convention 111 andConvention 100 (Act No. 80/1957 and Act No. 21/1999).

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Editorial Team: Kyung Eun Lee, Gita Lingga, Dewayani Savitri, Oktavianto Pasaribu