Workers face uphill battle to establish trade unions
Workers face uphill battle to establish trade unions
M. Taufiqurrahman, The Jakarta Post, Jakarta
The International Labor Organization (ILO) called on the
Indonesian government to work more seriously to uphold workers'
rights to freedom of association as Indonesian workers have to
face hurdles in exercising their rights.
The director of the ILO office in Jakarta, Alan J. Boulton
said on Wednesday that Indonesia had yet to find effective
institutions and processes for the workers to promote their
rights freely and without any disruption.
A preliminary survey from ILO entitled Freedom of Association
and Collective Bargaining: A Study of Indonesian Experience 1998-
2003, showed that Indonesian workers still have to endure harsh
treatment when fighting for their rights.
The survey shows that there have been actions taken by
employers to curtail the implementation of the right to establish
trade unions.
The tactics used by employers include dismissal of union
activists, demotion, and moving union activists to other work
places.
The reports also revealed that in the event of a dispute
between workers and employers, the management would call in
military personnel to back them up in the negotiation process,
which unions see as an intimidatory practice.
Another method to deter unionism is the use of criminal
charges against workers involved in trade unions.
There have been cases in which union activists have been
detained and charged for violating Criminal Code (KUHP) Article
335 prohibiting "unsatisfactory conduct toward another". Most
workers perceive this article as open to multifarious
interpretation.
ILO, however, applauded Indonesia for making substantial
progress in implementing the organizations convention regarding
workers' freedom of association.
In the wake of the ratification of ILO Convention No. 87 on
the right to unionize, workers in the country have indeed enjoyed
freedom of association as proven by the rapid growth of trade
unions.
Earlier, the Minister of Manpower and Transmigration, Jacob
Nuwa Wea said that there were 215 trade unions at the national
level comprising of a number of high-profile ones such as All-
Indonesia Worker's Union Federation (FSPSI) and Indonesian
Prosperity Trade Union (SBSI).
"In addition to that, at the provincial, district, and plant
levels there are 931, 2877, and 15,762 unions established
respectively," Nuwa Wea said at a seminar on the implementation
of the ILO convention.
Under the authoritarian rule of then president Soeharto,
workers in the country were forced to join state-sponsored trade
unions. The regime banned all trade unions established without
the government's consent, and perceived them as illegal entities.
In a bid to uphold workers fundamental rights as enshrined in
the ILO convention, the organization has embarked on programs to
provide technical assistance for the Indonesian government.
"The Indonesian government with assistance from ILO, helps
trade unions to develop their own resources, so that they can
truly represent workers in the bargaining process," Boulton
remarked.
The three-day seminar is also focusing on finding ways to
eradicate the use of child labor in developing countries.