Local workers to get international support

Tertiani ZB Simanjuntak, The Jakarta Post, Jakarta

International organizations will continue to intervene in local labor disputes until Indonesia has a sound conflict resolution mechanism, observers said on Saturday.

Arist Merdeka Sirait and Apong Herlina argued that as a member of the United Nations, Indonesia was bound by International Labor Organization (ILO)'s conventions and fundamental principles on labor issues, including workers freedom of association.

They pointed out that the government should first reform the Committee for the Settlement of Labor Disputes, a tripartite forum which comprises representatives of the government, the employers and the workers.

Sirait and Apong were commenting on the Minister of Manpower and Transmigration Jacob Nuwa Wea's remark on Friday that "the government needs no pressures from inside or outside the country in the settlement of labor disputes.

Jacob made the statement following recommendations from the ILO's committee for freedom of association to the government following complaints filed by the International Union of Food, Hotels and Restaurants (IUF), which embraces the Shangri-La Hotel Independent Workers' Union (SPMS).

The complaints was made to help the workers who were laid off by Jakarta's Shangri-la Hotel settle their conflict with the hotel management which they see as repressive to the workers' union.

Sirait told The Jakarta Post that it would be difficult for the workers to win their case through the committee, as in most cases, the committee would just order the employer to pay compensation to the workers to settle any dispute.

"There is no legal certainty here in the settlement of labor disputes caused by the repression of the worker's union. Even if there was, the workers would still lose the case because there is no guarantee of their freedom of association and rights to collective bargaining with their employers.

"Therefore, it's acceptable if the workers brought their problems to an international forum sympathetic to their cause," he said.

Apong said that Jakarta used double standards in its interpretation of intervention by international organizations.

"The government frowns on foreign intervention if it concerns the welfare of workers and the people, the environment or human rights issues. But it welcomes intervention by other institutions if it concerns money and state budget," she told the Post on Saturday.

Apong explained that within the existing mechanism to settle labor disputes the committee's decision can be sanctioned by the district court to ensure its execution.

"In accordance with Law No. 22/1957, any parties who ignore the execution of the committee's final decision were liable to three-months imprisonment, meaning that none of the conflicting parties could file further complaints with the administrative court.

She rejected the idea of establishing a special labor court saying there would be no guarantee that workers would win their case as only employers have access to the evidence and have the opportunity to intervene in the judicial system.