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.