Labor bill allows abuse of workers' rights: Activists
Labor bill allows abuse of workers' rights: Activists
JAKARTA (JP): The National Commission on Human Rights and
labor activists have joined forces to pressure legislators into
overhauling a new bill that aims to give the government sweeping
control of labor affairs.
The commission and representatives of 11 non-governmental
organizations (NGOs) said yesterday there could be violations of
workers' basic rights if the bill became law.
After a 90 minute discussion, they agreed to lobby the House
of Representatives and the government.
Commission member Saparinah Sadli said the commission,
acclaimed for its relative independence, was particularly
concerned about the articles which allowed violations of human
rights.
"The commission and the NGOs need to meet regularly to discuss
field findings that they will use for their proposals for
deliberating the bill," she said.
The NGOs are Akatiga, CPSM, Jakarta Social Institute, The
Indonesian Women's Association for Justice Legal Aid, LBH (Legal
Aid) Bandung, LBH Jakarta, Elsam, Sisbikum, Infid, Women
Solidarity and YLBHI.
The NGOs said, in a joint statement, that the bill gave the
government sweeping authority to control labor affairs, reducing
workers' bargaining power.
Comprising 18 chapters and 159 articles, the bill has been
drafted as an umbrella law for the 14 labor regulations made
between 1887 during the Dutch colonial administration and 1969.
The bill covers labor policies, such as planning, information,
placement and manpower development, and relations between workers
employers and government. It affects all workers, including
migrants and those working for informal businesses or nonprofit
organizations.
The NGOs' spokesman, Teten Masduki of YLBHI, said the bill was
dominated by the government's aim to guarantee security for
business.
The bill aimed to maintain the states' domination of national
labor politics that required cheap labor and made workers loyal
to the bureaucracy.
The bureaucracy's strong role in labor affairs would make
employers dependent on noneconomic institutions and security
agencies while weakening workers' bargaining power, the NGOs
said.
The labor activists said the bill curtailed workers' rights to
associate, negotiate with employers, go on strike, seek legal
protection and get fair wages.
"Labor strikes are restricted with permits that are possible
only with government and employers' consent and strikers are
denied wages," the joint statement said.
"Strikes are also only allowed within company premises,
therefore staging protests at the House of Representatives,
manpower ministry, Commission of Human Rights will be considered
illegal."
The bill maintains the controversial "corporative" labor
dispute settlement system, which gives the government decisive
power.
The NGOs said the bill treated workers like capital, goods and
production tools in a capitalistic economic system. This, they
said, could encourage employers to treat workers' basic rights as
"less important" than production and development processes.
Violations of human rights could occur because the bill gave
the government practically unlimited power to intervene in
industrial problems.
"The government's function is not limited to labor inspections
and law enforcement but also to controlling labor organizations,
wages, social security and labor market and settling labor
disputes," they said.
The NGOs also said the bill discriminated against women
workers because they were not allowed to work at mining sites for
example.
It did not address female workers' basic rights such as
reproductive rights which would give employers a loophole to
discriminate against them, they said. (05/pan)