Unlocking the Potential of Youth

Transcription

1 Bilingual Newsletter - December 2004, Vol. 2 No. 3 Indonesia Youth Employment Action Plan: Unlocking the Potential of Youth Indonesian students during the launch of Indonesia Youth Employment Action Plan in association with the commemoration of the 2004 International Youth Day. Y outh unemployment has skyrocketed worldwide over the past decade to some 88 million, according to a new study by the ILO, reaching an all time high. Young people now represent nearly half the world's jobless. In Indonesia, the world's fourth most populous nation with around 220 million people, the full potential of the majority of young men and women is not being realised because their access to productive jobs is limited. In 2003 the share of underutilised (unemployed and underemployed) Indonesian youth in the labour force was 52.7% of the total youth population, with 19.5% untapped (neither in education nor in the labour force). The unemployment rate of young men is 25.5% and young women 31.5% and overall young people are four times more likely to be unemployed then adults. To address the youth employment problem in the country, the Indonesia Youth Employment Network (IYENetwork) jointly led by the Coordinating Ministry for Economic Affairs and the Ministry of Manpower and Transmigration launched an Indonesia Youth Employment Action Plan (IYEAP) on 12 August The launch was held in association with the commemoration of International Youth Day. The IYEAP was officially launched by the then Vice President of Indonesia, Hamzah Haz in Jakarta, witnessed by The Action Plan is only the start. We must be committed to its implementation and willing to put our energies and resources into translating these concepts into practical action. Alan J. Boulton ILO Jakarta Director the then Coordinating Minister for Economic Affairs, Dorodjatun Kuntjoro-Jakti, Secretary General of the Ministry of Manpower and Transmigration, Tjepy Aloewie, and Country Director of the ILO Jakarta in Indonesia, Alan Boulton. The Vice President, in his address to more than 200 invited guests, including more than 100 young men and women, acknowledged...that whilst Indonesia is faced with enormous challenges in terms of youth unemployment, those same young people provide the greatest potential for economic growth and prosperity, if their potential is harnessed effectively. He noted that the recommendations in the IYEAP are goals as well as means to achieve them and that a concerted effort will be required if they are to be realised. He called upon the ILO to continue its support, and upon other international organisations to help Indonesia to realise its efforts. Indonesia's commitment to positive action began with its volunteering to become a lead country of the global Youth Employment Network (YEN) in The IYENetwork was inaugurated during International Youth Day in Indonesia, in fact, is the first of the lead countries to develop a national Action Plan on Youth Employment. The IYEAP acknowledges the veracity of the recommendations of the High Level Panel of the YEN as it focuses on (a) preparing youth for work; (b) creating quality jobs for young women and men; (c) fostering entrepreneurship; and (d) ensuring equal opportunities. Its theme unlocking the potential of youth further reinforces its aims. Other recommendations focus on implementation, monitoring and evaluation processes aimed at fostering commitment, ensuring consistency and complimentarity with other processes and strengthening the IYENetwork and its partners. According to Alan Boulton, effective action on youth employment requires a strong partnership from various parties, such as government, the business community, employers and workers organizations, community organizations and particularly young people.

2 FROM US TIMOR LESTE Timor-Leste Makes a Good Start with Social Dialogue HEADLINE Indonesia Youth Employment Action Plan: Unlocking the Potential of Youth ILO Responses: Achievement to Date Youth Employment Action Plan: Policy Recommendations EMPLOYMENT Global Employment Agenda Upgrading Workers Skills and Competitiveness through Competency-Based Training Support to Employers Activities in Indonesia Better Working Conditions for Informal Economy CHILD LABOUR Tackling the Worst Forms of Child Labour: Progress and New Actions! Kutai Kartanegara: The First Child Labour Free Zone RIGHTS AT WORK Contents Indonesian Police to Develop Guidelines in Handling Workers Strikes and Company Lockouts Police Conduct Guideline: Highlights Police Training VCD on Handling Workers Strikes and Demonstrations Bringing Changes to the Trade Union Activities Editorial Roundtable: Promoting Employment and Economic Growth ILO Media Training Workshop: Dynamic Reporting on the World of Work Setting up the New Indonesian Labour Dispute Settlement System Ida s Story: The Reality of Domestic Domestic Workers SOCIAL PROTECTION 16 Indonesian Businesses Stage War on HIV/AIDS 17 The Application of the ILO Code of Practice on HIV/AIDS and the World of Work 17 Implementing the HIV/AIDS Learning Strategy for the UN SOCIAL DIALOGUE 18 Trade Unions Activities in Short GENDER 20 Sexual Harassment at Work: Women Still at Greater Risk COLUMN 21 Promising Start for Migrant Workers IN BRIEF Promotion and Transfer ILO Jakarta Tripartite Consultative Meeting PUBLICATIONS BEHIND THE DESKS from Us Indonesia now has a new President and Government. It is widely expected that this will mean renewed efforts to address the significant challenges facing the nation. Alan Boulton, Country Director of the ILO in Indonesia, and the new President of Indonesia, Susilo Bambang Yudhoyono, at the Presidential Palace, Jakarta, on 2 November. Employment was the major issue raised in the election campaign. Finding and creating more decent work opportunities for Indonesians must be the Number One priority of the new Government. This is the best way to provide a better future for millions of ordinary Indonesians through jobs and other activities which provide income and security for them and which allow many to work their way out of poverty. And with more than three quarters (75%) of the total unemployed in Indonesia being young women and men between 15 and 29 years of age, an important focus will need to be on youth. It is essential that young Indonesians have the opportunity to use their talents and skills in productive work and that Indonesia gets the full benefit in its economic and social development of the contribution of the new generation. Many Indonesians seek job opportunities in other countries. The problems and abuses suffered by some of these migrant workers is a scandal and it is well time something is done about them. It is very pleasing that the President acknowledged the contribution of these workers to the Indonesian economy and society during his first days in office. It is also notable that the new Manpower Minister, Fahmi Idris, has already visited Malaysia to discuss migrant workers issues. It is important that follow-up action ensure a proper system and protections are now put in place for migrant workers. The new Manpower Minister returns to a portfolio he held in , during which time Indonesia ratified four of the ILO s fundamental conventions (freedom of association, forced labour, child labour and equal employment opportunities) and embarked upon the modernization of its labour laws. The passage of these laws is now complete and the task ahead is implementation (including with the establishment and operation of the new dispute resolution system and the Industrial Relations Court). The other major concern is the continuing efforts to establish harmonious, sound, fair and dynamic industrial relations based on freedom of association and the right to collective bargaining as a prerequisite for attracting investment and promoting employment opportunities in the country. A fitting challenge ahead for the Minister who began the labour reform program in Indonesia! We wish the President and Government success with these endeavours. We hope that the ILO s programme and activities will contribute towards providing better opportunities for ordinary Indonesians to share in the prosperity and development of the nation.

3 Youth are an Asset Youth Employment Action Plan: POLICY RECOMMENDATIONS T he policy recommendations are organized around four pillars: A) Preparing Youth for Work: ensuring quality basic education for all young men and women, and developing a demanddriven vocational and technical education system; B) Creating Quality Jobs for Young Men and Women: focusing on the generation of formal sector jobs, but not forgetting the needs of the poor and disadvantaged youth; C) Fostering Entrepreneurship: empowering youth and facilitating their entry into business, and the gradual transformation of the informal economy to formal sector activities to create more and better jobs for young men and women; and D) Ensuring Equal Opportunities: giving young women the same opportunities as young men. The policy recommendations are highlighted below focus for a three-year period (2004 to 2007): 1. Making Education Affordable for the Poor 2. Improve the Quality of Education 3. Develop a National Qualification Framework 4. Strengthen the Network of Vocational Education and Training Centers of Excellence 5. Build Bridges between Educational Institutions and the Business Community 6. Improve the Preparation of School Leavers for Labour Market Entry 7. Incorporate Youth Employment Goals in Macro Policy 8. Review Labour Market Regulations to Ensure that they Facilitate Greater Opportunities for young workers 9. Exploit New Opportunities in Emerging Sectors 10. Develop Youth Specific Indicators and Statistics 11. Mainstream Youth Employment Issues into Local Economic Initiatives 12. Mobilize Business for Action 13. Make it Easier to Start and Run Your Own Business 14. Enhance the Representation and Voice of Young Workers and SMEs 15. Support the Formation of Self-Help Groups and Membership- Based Organizations, including Cooperatives, by Young People 16. Strengthen Micro-Finance Institutions so that they Reflect the Needs of Youth 17. Improve the effectiveness of entrepreneurship training in vocational high schools 18. Establish an Independent Review of the Entrepreneurship Training Programs for Out-Of-School Youth 19. Develop a Multimedia Public Awareness Campaign Promoting Youth Entrepreneurship 20. Mobilize Private Sector Support for Young Entrepreneurs 21. Develop Linkage Support Programs between Large and Small Enterprises 22. Disable Gender Stereotypes in Curricula and Gender Segregation in Education 23. Conduct Vigorous Awareness Raising Campaigns to Change the Perception of Traditional Gender Roles and of the Division of Responsibilities between Women and Men 24. Provide Improved Protection for Overseas Women Workers 25. Need for Commitment from Government and Other Stakeholders 26. Ensure Consistency with other Processes 27. Strengthen the IYENetwork 28. Develop a pre-implementation Strategy, an Implementation Plan, and Monitoring and Evaluation Systems that Foster Mutual Learning ILO s Responses: Achievements to Date T he IYEN, whilst developing the IYEAP, is also working on other initiatives with technical support from the ILO through a Project entitled Youth Employment in Indonesia: Policy and Action. This Project falls within a broader regional support programme that includes technical support to Viet Nam and Sri Lanka. The ILO s Start Your Business (SYB) programme and a selection of materials have been adapted for use in vocational secondary schools and translated into Bahasa Indonesia. In December 2003, a team of 14 SYB lead trainers were trained to introduce the materials to teachers/trainers who will then deliver it through the secondary vocational school curriculum. The Ministry of National Education has also announced its intention to incorporate these materials into the curriculum in the 2004/2005 school year. In response to the findings of a school to work transition survey undertaken with ILO technical support in early 2003, a careers guidance tool in the form of a pocket sized Guide for Youth Seeking Work, and a complementary Mentors Guide for parents, teachers and other supportive adults, has been developed. The Guides are designed to be cheap enough to be readily available to every Indonesian young person to understand how they can best match their skills with available opportunities. To ensure that young people s views and concerns were included in the IYEAP a series of youth for youth Margaret Reade Rounds, Youth Employment Programme Manager, is congratulating Dr. 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. 3

4 ILO... ILO s Responses: Achievements to Date consultations were held in three regions in October and November 2003 the results of which have been compiled for easy reference. In addition, a selection of practical programmes targeting young people were assessed and those considered to be good practice have been published as part of the IYEN s knowledge sharing activities. For 2004 to 2006, the Project will support the IYENetwork to: Develop the institutional framework and capacity of the IYENetwork and the understanding and commitment of its partners to playing a key role in profiling the youth dimensions of employment and the particular challenges that young people face in their transition from the schoolroom to the workplace; Implement selected recommendations in the IYEAP, and in particular those that assist provincial and district level stakeholders to reflect their commitment in policies, strategies and budgets; Ensure that gender mainstreaming goes beyond mere rhetoric by developing tools and providing examples of how gender concerns can be consistently and continuously reflected in plans, strategies and on-theground activities. Provide, through pilot programmes such as the ILO s SYB, local economic development and public-private partnerships, and skills development, examples of alternative employment options for young people. At the IYEN Coordinating Team meeting convened in Jakarta in October 2004, the executive team reiterated that the Plan has been formulated, now is the time for ACTION! Photo News Publications Economic Security for a Better World This publication aims to provide a picture of emerging patterns of economic security across the world. It highlights that people s economic security promotes personal well being, happiness and tolerance, while benefiting growth and development. The report cautions, however, that economic security remains out of reach for the vast majority of the world s workers, about three-quarters of whom live in circumstances of economic insecurity that fosters what the report calls a world full of anxiety and anger. The report marks the first attempt to measure global economic security as perceived by ordinary people and was based on detailed household and workplace surveys covering over 48,000 workers and more than 10,000 workplaces worldwide. Living in a World with HIV and AIDS: Information for Employees of the UN System and Their Families T his booklet provides important information and advice for UN employees and their families in Indonesia. It is essential that within the UN family there is a good understanding about the epidemic and good practices developed for dealing with workplace issues. The booklet gives basic facts about HIV and AIDS and about how we can protect ourselves and our families and friends from infection. It also deals with how we can assist people living with HIV and AIDS by treating them with respect and dignity and by ensuring that there is no HIV-related stigma or discrimination in the workplace. The booklet has been translated into Bahasa Indonesia. For further information, contact or visit ILO Jakarta Information Center at (021) ext ILO 4 Alan Boulton, Country Director of the ILO in Indonesia, had a positive meeting with the new Manpower Minister Fahmi Idris on Wednesday, 24 November. The discussion covered the previous work with the Minister in and his involvement with the ILO then, as well as the current programme and activities of the ILO in Indonesia. Much of the discussion focussed on industrial relations issues, including the need to improve bipartite relations and dispute settlement. Training on labour-based road construction in Bobonaro District, Timor-Leste

5 Timor Leste ILO/Nabi Khan Makes a Good Start with Social Dialogue Secretary of State for Labour and Solidarity, Arsenio P. Bano, is distributing certificates among the participants of the National Tripartite Workshop on Arbitration and Conciliation. Timor-Leste became independent on 20 May 2002 and joined the ILO on 19 August Although it is still early days for the new nation, a solid foundation has been laid with the acceptance of the principle and practice of tripartism in social and economic policy-making. This approach means that major policies and legislation are formulated based on a consultative process and dialogue involving government, employers and workers. In relation to this, three newly established tripartite bodies are entrusted with the important task of dealing with social and labour issues, namely the National Labour Board, the Labour Relations Board and the Minimum Wages Board. In order to assist with the development and operation of the new system, the ILO is implementing a Project on Strengthening and Improving Labour Relations in East Timor (SIMPLAR). Its objective is to strengthen the capacity of the three boards, the Secretariat of the Boards and the tripartite constituents. Funded by the US Department of Labor, the Project became operational in April 2002 and is scheduled to continue until early The Project s main focus is to help in drafting new legislation, preparing guidelines and manuals relating to implementation of the labour laws, and training and capacity building for the participants in the system. It also aims to develop the capacity of the Secretary of State for Labour and Solidarity in relation to the implementation of the laws and the provision of services such as dispute resolution, inspection and enforcement. Furthermore, one of the important focuses of ILO interventions has been to promote close cooperation and consultation among the tripartite partners on policy making, implementation of the labour code, and providing guidance to the development programmes of the Secretary of State for Labour and Solidarity, including the technical cooperation projects implemented by ILO with donor support. For example, the Programme Steering Committee of a major EU-UNDP-ILO programme on skills training and employment promotion is tripartite plus in composition. Similarly, a tripartite Steering Committee manages and oversees operations of the Employment and Vocational Training Fund (EVTF) established with the assistance of the ILO with funding from various donors. While the process of social dialogue and the establishment of effective institutions can not be achieved overnight, Timor-Leste has taken steps to ensure that government, employers and unions can work together in tackling major social and employment issues in the true spirit of tripartism and social dialogue. In Timor-Leste, the UN Mission is reducing its presence and will be withdrawn in May 2005, in recognition of the increased capacity in Government agencies to manage the country s affairs. Development assistance is still required and ILO is seeking to support the Secretariat for Labour and Solidarity in a range of areas. As in Indonesia, addressing the unemployment challenge is at the top of the agenda. T he Project News: Inception Mission for the STAGE Project ILO inception mission for the EU-UNDP-ILO STAGE Project visited Timor-Leste from 21 to 25 November. The mission members included Deputy Director of ILO Jakarta, technical specialists from ILO Sub-regional Office in Manila and the Chief Technical Adviser of the Project, Jose Assalino, who arrived in Dili to take up his assignment. The mission participated, among others, in the first meeting of the Programme Steering Committee of the Project held on 24 November. Jose Assalino, Chief Technical Adviser of the STAGE Project Timor-Leste Population Census The provisional results of the country s first population census (which commenced on 11 July 2004) were announced by the government in September The United Nations Population Fund (UNFPA) has provided the main technical assistance for the census. Here are the main findings: Current population stands at 924,642 compared to 787,338 in 2001 (based on 2001 suco survey) - an overall increase of 17.4%; The number of males and females is 467,757 and 456,885 respectively or a ratio of 50.6 to 49.4%. The ratio has remained unchanged between the two survey periods; The population of Dili, the capital city, now stands at 167,777 compared to 120,474 in This means a major increase of 39.3% - more than double the overall percentage increase in the country s total population; and The total number of households recorded in 2004 survey was 194,943 compared to 167,435 in an increase of 16.4% 5 ILO/Nabi Khan

6 Employment Global Employment Agenda T he principal purpose of the Global Employment Agenda is to contribute to the Organization s efforts to promote decent work. The main aim of the Agenda is to place employment at the heart of economic and social policies. The ILO developed the Global Employment Agenda in response to the conclusions of both the World Summit for Social Development in 1995 and the 24 th Special Session of the United Nations General Assembly in The main elements of the strategy that constitute the Agenda were first debated at the Global Employment Forum in 2001, attended by senior policy makers, representatives of the workers and employers, private sector representatives and from NGO s and academia. The principles underlying the Agenda have been based on 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 10 core elements of the Agenda, addressing economic environment (principles 1-4) and labour market issues (principles 5-10): 1. Promoting trade and investment for productive employment and market access for developing countries. 2. Promoting technological change for higher productivity and job creation and improved standards of living. 3. Promoting sustainable development for sustainable livelihoods. 4. Macroeconomic policy for growth and employment: a call 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 and foremost as an invitation to governments, the social partners, the multilateral system of the United Nations agencies, the Bretton Woods institutions and the regional development banks to review, rethink and re-orient economic and social policies. The creation of a number of alliances and partnerships at global and regional levels is foreseen as a means of implementation, an example of which is the global Youth Employment Network (a partnership of the UN, World Bank and ILO). A national example is the Indonesia Youth Employment Network, set up to address the pressing challenges faced by young men and women in employment. Upgrading Workers Skills and Competitiveness through Competency-Based Training 6 Indonesia is still facing a crucial problem in human resources development. Having, generally, lower productivity levels compared to workers in other ASEAN countries, Indonesian workers do not have competitive advantages compared to those in other developing countries. It is of utmost importance to upgrade workers skills and knowledge, and to maximize the role and the use of training for workers. To establish a solid basis for skills trainings, the ILO, in collaboration with the Ministry of Manpower and Transmigration (MoMT), held a National Awareness Raising Workshop for heads sub-division heads and trainers of eight Centres of Excellence of MoMT from July. The training was continued immediately with a Training of Trainers on Competency-Based Training (CBT) for the same trainers in Puncak, West Java, from 29 July to 6 August. A Training Manual on CBT produced by the project was used during the training. Improving the skills of Indonesian workers will make a major contribution to increased productivity, The Indonesian version of the Manual competitiveness and economic growth, which in turn will lead to new employment opportunities, said Alan Boulton, Director of the ILO Jakarta Office. He emphasised that workers were the most valuable assets of a company. With proper skills, they can realise their own potential and contribute more to their companies, he continued. Different from previous vocational trainings, CBT applies a participative approach that actively involves the participants in the learning process. The training covered issues like training policy,

7 the development of competency standards, preparation of learning materials and learning aids, development of competency-based curriculum and training methods. CBT applies an innovative and comprehensive training approach that is in line with technology and customer requirements. It places more emphasis on what a learner should be able to properly perform in his/her work. In his opening address, Kirnadi, Director General of Training and Domestic Placement, mentioned that CBT has a strategic value, both in terms of human resources development and its impact on the workplace. For the human resource development because the trainers will follow this activity up with similar training programmes for vocational training centres in their areas. for the workplace, the need of skilled/competent workers in their respected fields will be met, and hence, competitiveness among companies will be improved and productivity increased. Meanwhile, Togarisman Napitupulu, Director of Vocational Training, in his closing remarks said that after the training, the Ministry would take immediate actions, in particular concerning the finalisation and socialisation of government regulations on vocational training. He emphasised that this training was very meaningful as it was the first formal training on CBT that officials and trainers of the Centres of Excellence of MoMT ever received. He expressed the hope that the knowledge on CBT could be widely disseminated throughout the country. The Ministry of Manpower and Transmigration will increase the budget allocation for activities related to vocational training. It is also important to ensure that training participants will receive accredited competency certificates so that they can get good jobs. Vocational training and management in Indonesia has been under reform in order to meet the challenges of regional autonomy introduced in Part of the reform is the establishment of Centres of Excellence in vocational training by MoMT. It was encouraging to see that only three weeks after the Training of Trainers, BLK Lembang conducted an Awareness Raising on CBT for all their staff. Hopefully, similar activities and trainings for vocational training centres throughout Indonesia will be conducted by the other Centres of Excellence in the near future. ILO/Tri Andhi Support to Employers Activities in Indonesia 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 Indonesian Employers Organisation (APINDO) have agreed to streamline the workplan for ILO s support for employers activities in There are now four major areas of support of the ILO to APINDO, namely: Improving organisational capacity to represent and advocate interests of APINDO members and improving the capacity of APINDO s secretariat to support these functions; Improving capacity to influence legal reform and develop appropriate industrial relations services; Expanding representation by addressing enterprise development needs of existing and potential members, including specific needs of women entrepreneurs; and Improving capacity to promote Global Compact and socially responsible initiatives of the members. A number of activities have been undertaken to implement the workplan. This includes the conduct of a Workshop on Design, Monitoring and Evaluation for the staff of APINDO national secretariat and secretariats in a number of branches in Jakarta, West Java, Banten, Central Java and East Java as well as East Kalimantan. The workshop is the first of its kind. After the workshop the secretariat staff are expected to have the capacity to design and develop new programmes that will address the needs of APINDO s members. As part of the capacity building of the secretariat, ILO Jakarta has also undertaken internship programme for staff of the national secretariat. Since May this year, there have been three interns working at ILO Jakarta. In addition to learning about the mandate and functions of the ILO as a tripartite international organisation, they have also improved their understanding and contribute to the work of ILO Jakarta in the areas of industrial relations, poverty reduction, youth employment and corporate social responsibility through the promotion of the Global Compact principles. In line with its policy to support the national development agenda to reduce poverty through employment creation, APINDO will advocate for better enabling environment for the development of small and medium enterprises (SMEs). With support from the ILO, APINDO will conduct assessment of the policy and regulatory environment in selected policy domains affecting SMEs at national, provincial and district levels. The result will be used as a basis for APINDO s campaign to ensure the implementation of the policy recommendations by related parties: develop business relations between SMEs and big corporations. Employment 7

8 Employment 8 Better Working Conditions for Informal Economy The informal economy in Indonesia provides shelter, food, education and a sense of dignity to many young and older workers who would otherwise find it extremely difficult to generate an income. The ILO is working with governmental, non-governmental and civil society organisations to understand and respond to the needs of workers and enterprises in the informal economy in the country. In 2003, the ILO commissioned an extensive review of the literature on the informal economy, which included the conduct of in-depth interviews with key stakeholders and relevant institutions. The result of the review was a comprehensive paper on the challenges faced at the national level as well as possible policy and programme level responses that address the decent work deficits in the informal economy in the country. At the same time, a study of municipal policies and actions in selected cities (Jakarta, Bandung, Semarang, Surabaya, Makassar, Balikpapan, Medan, Bogor, Kendari and Blitar) was undertaken to enable a better understanding of the situation at the sub-national level. Further observations and in-depth research on the situation of street and market vendors in the Tangerang Municipality have provided additional insights into the challenges faced not only by the vendors themselves, but also by the municipal authorities in catering for the demands of the consumers and providing an effective and efficient supply line. As a result of the research, the ILO is now working with Tangerang Municipality and PD Pasar Djaya to begin developing a toolkit of materials that will help the municipal authorities to improve the conditions of work in the market place so that the vendors, their customers and the market management are able to conduct their business in an environment that is both healthy and productive. The first stage of development is now underway with the first instrument being developed in consultation between the ILO, a team of national consultants and key officials of Tangerang Municipality and the PD Pasar Djaya. This package will include: A Guide Book on the Arrangement and Improvement of Working Conditions for Informal Traders in Traditional Markets in Tangerang. A complementary Check List for the Improvement of Working Conditions of Informal Traders in Traditional Markets in Tangerang and the Benefits for the Municipality, the Market Management, the Sellers and the Buyers. We will keep you informed of progress through this newsletter and for further information, contact ILO Jakarta office. A traditional market in Tangerang City, Indonesia ILO/Inne Indiravitri Promotion and Transfer Oktavianto Pasaribu, Programme Officer O n Wednesday, 20 October 2004, the day the new Indonesian President and Vice President swore in, ILO Jakarta received good news. Its Programme Officer and Gender Focal Point, Oktavianto Pasaribu, has been confirmed for promotion and transfer as Programme Officer (Programme Analyst) in Regional Programming Services of the Regional Office for Asia and the Pacific in Bangkok. Oktav has been working for ILO Jakarta since June His mainly responsibilities have been in the areas of Rights at Work. In 1998, he facilitated the conduct of the Direct Contacts Mission of the ILO, following the ratification of ILO Convention No. 87 on Freedom of Association by Indonesia. He also participated in the nation-wide campaign to promote the fundamental principles and rights at work in Indonesia that was started that year and completed in 1999, leading up to the ratification of three fundamental conventions of the ILO. He has also contributed to the development of ILO Decent Work country programme in Indonesia, including in the areas of industrial relations, child labour, promotion of gender equality and employers activities. Since 2002, he has also taken up assignment as Gender Focal Point of the Office. Asked about his future assignment in Bangkok, Oktav said, It is a new challenge but I am looking forward to the opportunities of contributing to a wider programme of the ILO in the region. On behalf of ILO Jakarta staff, our congratulations to you and all the best in your future assignment. 8

9 Child Labour ILO Tackling the Worst Forms of Child Labour Progress and New Actions! Monitoring the National Action Plan Indonesia s National Plan of Action on the Elimination of the Worst Forms of Child Labour emphasises the need to improve data collection on child labour and to put in place a system for monitoring implementation of the National Action Plan (NAP). To assist in developing this work, a National Workshop was held in Ciloto, West Java, on September. The workshop was attended by members of the National Action Committee (NAC) and by representatives from 13 provinces. Participants at the workshop considered the main areas of work identified in the NAP, indicators of success, and the current position and progress with implementation of the NAP. Speakers from the Central Bureau of Statistics and Ministry of National Education made presentations on their data collection methods relating to child labour and school drop out rates, and recent trends. It was also reported at the workshop that the NAC plans to produce an annual report to the President which will include data on progress being made with implementation of the NAP. This important initiative will also provide a focus for promoting the NAP, and will support the continuing efforts to strengthen activities at provincial and district levels. A working group of the NAC has been established to take forward this work. Progress in the Provinces In recent months, new Provincial Action Committees on the Worst Forms of Child Labour have been established in East Kalimantan and West Java. The Committees will be playing an active role in developing Provincial Action Plans aimed at tackling worst forms of child labour. The new committees join the committees The ILO-IPEC Project is seeking to develop models of interventions and best practices which can be replicated elsewhere by government and other partners in order to create a future without child labour M. Asrian Mirza already operational in North Sumatra and East Java and efforts are being made to encourage similar structures in other provinces. Other developments in recent months have included A new provincial regulation on worst forms of child labour has been established in North Sumatra; The East Java Government has recently implemented a programme to provide livelihoods training to former child labourers and their families; and The ILO Jakarta office has been working with the district government in Kutai Kartanegara on implementation of a policy to establish the district as a Child Labour Free Zone. New Action Programmes to be Implemented The National Steering Committee, which brings together representatives of government departments, employers, trade unions, NGOs and others, has recently endorsed plans for a range of new action programmes supported by ILO-IPEC Projects. These programmes will be implemented with partners in North Sumatra, East Kalimantan, East Java, West Java and Jakarta. The programmes aim at removing children from worst forms of child labour and preventing vulnerable children being forced to enter such work. Programmes will also help to develop the capacity of partners, including the provincial and district level committees on worst forms of child labour. Some examples of programmes recently endorsed are: Programmes which aim to prevent children dropping out of school and entering child labour; A plan to set up an Open Junior High School for children who for various reasons are not attending formal Junior High School; Programmes providing basic literacy skills and non formal education for child labourers; Programmes aimed at improving occupational safety and health in small footwear workshops; Programmes aimed at providing more economic opportunities in communities that are vulnerable to child trafficking; Programmes to develop support to providers of services to victims of child trafficking; and Programmes to support the strengthening of new Provincial committees on child labour. According to Patrick Quinn, Project Chief Technical Adviser, these and other programmes supported by the ILO-IPEC Project of Support to the National Action Plan on Elimination of the Worst Forms of child Labour will be carefully monitored. The ILO-IPEC Project is seeking to develop models of interventions and best practices which can be replicated elsewhere by government and other partners in order to create a future without child labour, he continued. 9

10 Kutai Kartanegara: The First Child Labour Free Zone Child Labour 10 K utai Kartanegara District, located in East Kalimantan, Indonesia, has declared its region as a Child Labour Free Zone (CLFZ) in The declaration is another milestone towards eliminating child labour in Indonesia. It represents an innovative approach of collaboration between central and district governments and the ILO to combat child labour in the country. The declaration is the first of its kind in Indonesia and worldwide. As a CLFZ, Kutai Kartanegara District proclaims that there will be no child labourers below the age of 15 years, including the worst forms of child labour for children under 18 years, by the end of the first five years (year 2007). By the end of the second five years (year 2012), all children below the age of 18 years will have access to 12-years of compulsory basic education. This commitment was endorsed by the District Regulation No. 9/2004. Kutai Kartanegara District The CLFZ is a new, comprehensive strategy aimed at eradicating child labour within a definite period of time. Considering Indonesia s vast geographical areas, high population, and different socio-economic levels, it is difficult for the government to implement programmes for the elimination of child labour at national level. Consequently, efforts for the eradication of child labour are being concentrated on limited geographical areas with programmes linked to other related development programmes, such as poverty reduction, education for all, and human resource development programmes. Kutai Kartanegara District is one of the richest districts in Indonesia with the biggest reservoir of natural gas and oil in the country. It has chosen to act as the first model district for the implementation of the CLFZ concept. With Gerbang Dayaku as the local development paradigm, Kutai Kartanegara has three development priorities: Infrastructure Development, Rural Economy, and Human Resources Development. In implementing the Human Resources Development, for example, the district has developed 12-year and 9-year of compulsory basic education programmes. According to Kutai Kartanegara Central Bureau of Statistics, there are around 7,500 child labourers aged years. The figure reaches 17 percent of the total number of children in Kutai Kartanegara District. They mostly work in the following sectors: agriculture, mining, fishery, lumber,...no child labourers below the age of 15 years, including the worst forms of child labour for children under 18 years, by the end of the first five years (year 2007). By the end of the second five years (year 2012), all children below the age of 18 years will have access to 12-years of compulsory basic education. construction, trades and services. The majority of the working children have dropped out from school, and their education levels are limited to elementary or junior high school. The CLFZ concept is part of the commitments of the Indonesian Government to eliminate the worst forms of child labour 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 Plan of Action for the Elimination of the Worst Forms of Child Labour within a 20-year framework. As part of its commitment for the implementation of the CLFZ pilot programme, the ILO undertook a rapid assessment in April The outcome of the rapid assessment was presented to the local stakeholder in early 2003, which contributed to the development of the Strategic Plan on Child Labour Free Zone ( ). Under its Decent Work Country Programme for , the ILO has identified a number of technical support programmes to support the implementation of the Strategic Plan, including: Socialisation of the CLFZ programme to district government agencies, employers and workers organisations, NGOs and to local, provincial and national media; Development of a programme for implementation, including the formulation of child labour monitoring and database; Development of advocacy and socialisation materials; and Facilitate coordination with relevant national government agencies.

11 Rights at Work Indonesian Police to Develop Guidelines in Handling Workers Strikes and Company Lockouts U nder its technical cooperation with the ILO Declaration Project on Police Training, the Indonesian National Police (INP) is developing Police Conduct Guidelines in Handling Law and Order in Industrial Disputes, which will be enacted by the Chief of National Police in early According to Christianus Panjaitan, National Coordinator of the Police Training Project, the main objective of the Guideline is to enhance the Indonesian Police capacity in conducting its proper role in industrial dispute situations that involve workers strikes, picketing, demonstrations, and company lockouts. Such conduct is very important in contributing to the creation of harmonious and productive industrial relations in Indonesia, he added. The Guideline has been developed through a series of consultative processes with representatives of Ministry of Manpower and Transmigration (MoMT), trade unions and Indonesian Employers Association (APINDO) to ensure its effectiveness. A number of consultative meetings with the tripartite constituents, chaired by the Head of Personnel Development of the INP, Police Brigadier General Sutjiptadi, were conducted on 29 September and 4 November. These meetings will be followed by other consultative meetings with the same groups to finalize the Guideline. Provisions of the Guideline stipulate that, inter alia, police role in industrial dispute situations shall be limited to the maintenance of law and order in such situations where there is a genuine threat to public safety and order, and not to interfere where the situation is otherwise. In conducting such role, the police are expected to ensure peaceful exercise of workers and employers rights to strike or lockout....the main objective of the Guideline is to enhance the Indonesian Police capacity in conducting its proper role in industrial dispute situations that involve workers strikes, picketing, demonstrations, and company lockouts. The Guideline also states that police shall coordinate with manpower office(s), as well as trade unions and APINDO in order to maintain public order and peace in industrial relations. Other Christianus Panjaitan, National Coordinator of the Police Training Project, accompanied by Carmelo Noriel, CTA of Industrial Relations Project, explained about programme of the Project to Vice Chief of Indonesian National Police, Police Commissioner General Adang Daradjatun during a meeting at the Police Headquarters in Jakarta. The Vice Chief was accompanied by Deputy Chief on Human Resource Development of the Indonesian National Police, Police Inspector General Winarto; Head of Personnel Development, Police Brigadier General Sutjiptadi; and Director for Training Development, Police Brigadier General Bambang Pranoto. features of the Guideline include provisions concerning police detail, police actions, and the use of mass handling equipments and firearms. Drafts of the Guideline are being socialized to police personnel at subdistrict, district and provincial levels through Sensitization Training on the Fundamental Principles and Rights at Work and the Role of Police in Industrial Disputes in the six provinces 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 Police Master Trainers trained by the Project. After completing their Consolidation Training on October, these Master Trainers are now ready to conduct the sensitization training for their fellow police men and women in the field. Representatives of the tripartite constituents will also be involved as participants in efforts to initiate contact and coordination between the police and the tripartite constituents in the regions. ILO 11

12 Training materials: Police Training VCD Rights at Work In cooperation with the International Criminal Investigative Training Assistance Program (ICITAP) of the US Department of Justice, the Project is developing a Training VCD on Handling Workers Strikes and Demonstrations. The VCD 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 its sensitization training programme, whereas the ICITAP will use it in its training programme on different police functions. This self-explanatory video will also be used by the Police in their in-service training programmes in their regional offices throughout Indonesia, explained Christianus Panjaitan, National Coordinator of the Project. The video depicts how a police unit prepares itself in handling a workers strike that escalates into strong demonstration involving some beatings of the workers by a police officer, who at the end is taken accountable for his wrong action. It provides some basic principles for the police in handling workers strikes and demonstrations and in conducting pre- and post- deployment preparation. The video is part of a total of 48 training VCDs on different functions of the police that are being developed by the ICITAP under its cooperation project with the Indonesian Police. Production of the VCD was done by the ICITAP based on a scenario outline provided by the Project, and it is currently at the final editing stage before production, multiplication and distribution. An Indonesian police officer during workers' strike ILO/Tri Andhi S. Police Conduct Guideline: HIGHLIGHTS * Only available in Bahasa Indonesia English text: Step up for change!. Stop Violence. The maintenance of law and order without violence in handling worker s strikes demonstrations for the creation of harmonious and productive industrial relations. Police conduct in handling strikes, lockouts and industrial relations disputes in general shall be limited to the maintenance of law and order. Such action shall take place only if there is a genuine threat to public order and proportionate to such threat. Police officers may not interfere in industrial relations disputes that does not resulted in the disturbance of public safety and order. Department of Manpower and Transmigration or manpower office(s) and representatives of workers and employers concerned shall immediately be informed at the first instance of an industrial dispute that leads to strikes or demonstrations and riots. Police unit(s) shall be detailed for the purpose of providing protection and services in the maintenance of law and order of the general public and ensuring the peaceful exercise of workers and employers rights to strikes or company lockout. In case of a demonstration that has escalated into criminal act that resulted in violation of laws, police personnel must take police actions in firm and measurable manners in accordance with the laws, while up holding human rights. Police officers who exceed their authority in the use of force, mass handling equipment and firearms will be subjected to disciplinary, police code of ethics, or penal sanctions according to the violations. 12

13 Emerging Trade Union Leaders Course: Bringing Changes to the Trade Union Activities T he ILO under its Declaration Project on Industrial Relations in Indonesia held the Emerging Trade Union Leaders (ETUL) Course from March to December 2002 in Jakarta. Around 25 young, potential trade unionists learnt about trade union administration, collective bargaining, health and safety, labour laws and industrial relations, international labour standards, labour economics and social security. After two years, how are they doing now? Roni Febrianto, Secretary of FSPMI (Federation of Indonesian Metal Trade Union), and Azhar Habib, Deputy Secretary General of FSPMI, are two of the graduates. Roni stated that the course has improved his capacity as a trade unionist, particularly his understanding about manpower-related Acts and collective labour agreement. I have more understanding concerning how to conduct harmonious collective bargaining and develop good labour-management relations. The course has also helped me improve the bargaining position of the union as the union has been actively involved in the formulation of company policies, responded Roni in the questionnaire sent by the ILO on the impact of the course. He added that he is now more aware of government regulations and policies related to employment and labour issues. By participating in the course, I have more awareness about issues related to policies. By understanding the weaknesses of the Manpower Act, improvements can be discussed and negotiated at enterprise level when developing collective labour agreement. Editorial Roundtable: Promoting Employment and Economic Growth P ILO Azhar Habib, on the other hand, actively organizes workers activities at the federation level. Materials from ETUL courses continue to be used for my members trainings since the materials are very comprehensive, said Azhar. He also felt that after joining the ETUL, he is more aware and able to analyze labor relations problems. Thus, at the company level, he has urged his trade union to exercise function control on company policies. I was able to develop networking with other trade unionists and get more experience in dealing with various trade unions, stated Azhar in the questionnaire. In ETUL training, we learn how to read the labor situation and how to handle it, he emphasized on the indirect benefits he has gained. As they have enjoyed many benefits and advantages from the course, they expressed the hope that the project can provide more opportunities to other potential young trade union leaders through another ETUL course and for the graduates, the ETUL can be continued by giving a more specific and advance course in order to ultimately to strengthen the capacities of trade unionists. Fikri Jufri, Senior Editor of TEMPO Weekly (second left), is raising main employment problems faced by Indonesia during the Roundtable before other participants and ILO officials: Margaret Reade Rounds (Programme Manager of Youth Employment) (far left), Kevin Cassidy (Communications Manager of IFP Declaration) (middle) and Patrick Quinn (Chief Technical Adviser of the ILO-IPEC) (far right). rior to the media training workshop, the ILO held an Editorial Roundtable on 25 August in Jakarta to discuss a challenging and important theme: An Agenda for the New Government: Promoting Employment and Economic Growth. The Roundtable was 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 as Kompas Daily, Bisnis Indonesia, and Regional Newspaper Group (print); RCTI and TVRI (TV); Sonora, Smart FM, Trijaya and VHR (radio); and LBKN Antara (news agency). As a special guest was Fikri Jufri, Senior Editor of TEMPO Weekly and one of Board Directors of the Jakarta Post. Main issues raised during the Roundtable were high number of unemployment, low quality of education, lack of government support to small medium enterprises (SMEs), lack of consistent regulations and informal economy. The other main problem is that majority of Indonesian human resources are still lacking of competency and competitiveness. It is mainly because of 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 and improving SMEs. The government is more likely to support big enterprises, forgetting that SMEs can be one of the solutions for employment problems, he added. However, Atmadji Sumarkidjo, Deputy News Director of RCTI, responded that the main problem faced by national media was how to keep labour and employment issues as a priority. The most important for us, from perspective of the media, is how to see the real problem, not merely issues on workers demonstrations or company lockouts. Also important is how to make issues 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. The aim is to urge the government to formulate good employment regulations, and how the ILO be able to encourage the new government to place employment as a priority, said Fikri. 13

14 Rights at Work ILO ILO Media Training Workshop: Dynamic Reporting on the World of Work Story related to sex is always interesting, said Dipa Mulya from Female Radio (one of Indonesian private radio stations) when explaining why his group had chosen to develop a story about children trafficking for prostitution during a two-day ILO Media Training Workshop in Jakarta. Under the banner Dynamic Report on the World of Work, the training was held from August. More than that, the story also talks about children as the future generation of the country. As a human interest story, it can deeply touch people, he continued pitching before news editors played by the trainers and selected participants. Dipa was one of 35 journalists from print, radio and TV participated in the workshop. To maximize the outreach of the training, four journalists from leading regional newspapers in Samarinda, Medan, Batam and Surabaya were also invited. The training was run by high-level trainers from the ILO, European Broadcast Union, BBC World Service-Indonesian Language and other international media specialist. The training was opened by Suryopratomo, Editor-in-Chief of Kompas Daily, Atmadji Sumarkidjo, Deputy News Director of Rajawali Citra Televisi Indonesia (RCTI), and Carmelo Noriel, Chief Technical Adviser of ILO Declaration Project on Industrial Relations in Indonesia. Kompas Daily is the most leading newspaper in the country; meanwhile RCTI is one of major private Indonesian TV stations. Suryopratomo discussed issues related to media and unemployment problems. He emphasized the role of media to afflict the powerful and to comfort the afflicted. He also stated that Indonesia was now facing what was called 3 L + 1 I, From left to right: Ahmadji Sumarkidjo (Deputy News Director of RCTI); Carmelo Noriel (Chief Technical Advisor of ILO Declaration Project on Industrial Relation in Indonesia); and Suryopratomo (Editor in-chief of Kompas Daily). namely: Labour, Legal, Local and Infrastructure. Meanwhile, Atmadji focused on social and economic issues in Indonesia. He discussed about seven main problems faced by Indonesia today, such as corruption, collusion and nepotism, unemployment, good governance, social justice and security. A work group discussion with hands-on training. The training is a new experience for me. I have learnt more about labour related issues and other journalistic techniques. Training like this should be organized often, said Putut Ariyo Tejo, News Coordinator Assistant of Batam Post. Overall, the training workshop focused on practical training, through workshops and story development, to assist the Indonesian media in broadening their understanding of workrelated issues and concerns. The training sessions were workgroup-oriented with hands-on training that focuses on four key areas: (1) Getting familiar with work-related issues; (2) Developing work-related stories and programmes; (3) Narrating stories; and (4) Implementing and marketing the programmes. Majority of the groups had strong interests in developing and producing stories related to the role of the police in industrial relations, child trafficking for prostitution, children involved in sale, production and trafficking of drugs, and outsourced workers. At the end of the workshop, most participants found it useful. The training is a new experience for me. I have learnt more about labour related issues and other journalistic techniques. Training like this should be organized often, said Putut Ariyo Tejo, News Coordinator Assistant of Batam Post. ILO 14 Editor in Chief: Alan Boulton Deputy Editor in Chief: Peter Rademaker Executive Editor: Gita Lingga Editorial Coordinator: Gita Lingga Translator: Gita Lingga Circulation: Budi Setiawati Contributors: Alan Boulton, Asenaca Colawai, Carmelo Noriel/Lusiani Julia, Christianus Panjaitan, Dewayani Savitri/ Kyung Eun Lee, Djoa Sioe Lan, Gita Lingga, Margaret Reade Rounds, Oktavianto Pasaribu, Patrick Quinn, Peter Rademaker, Tauvik Muhamad and T.I.M. Nurunnabi Khan Design & Production: Ikreasi Editorial ILO Jakarta Newsletter Menara Thamrin Building Jl. M. H. Thamrin Kav 3, Jakarta 10250, Indonesia Ph. (62-21) , Fax (62-21) Jakarta@ilo.org, Website: The ILO Jakarta Newsletter is a bilingual newsletter aimed at dealing with the very substance of the ILO Jakarta s work in Indonesia. The newsletter is published three times a year and is also available online. The opinions expressed herein do not necessarily reflect the views of the ILO

15 ILO Domestic Workers Project: Ida s Story: The Reality of Domestic Migrant Workers* I da (not her real name), is 27 years of age, still single, with an elementary level of education. She is the youngest of three siblings. Her family does not own land, a paddy field, or fish pond, which can be used to sustain their livelihoods. Ida lives in a village in Banten. Because of poverty, many young people in her village go abroad as migrant workers. They go to Korea, Saudi Arabia, and several other Middle Eastern countries, with a few going to Malaysia. Ida first went abroad in From her friend and cousins she obtained information about the work conditions and the big pay in Saudi Arabia (her friend and cousins had never travelled abroad). Ida was interested and saw it as an opportunity to escape unemployment, earn money and contribute to improving the economic situation of her family. Ida discussed her plans with her brother and sought permission from her parents they gave her their blessing. At the time she decided to become migrant worker, back in 1993, she had not had any National Identity Card (KTP) because she was only 15 years old. Together with her brother, she registered herself with a recruitment agency in Central Jakarta. They facilitated her falsification of age so that she became 32 years old, and her KTP was processed in her village paid by her parents. Her passport was also organised by the agency, for which they charged Rp 600,000. While waiting for her passport, she undertook a training course with the agency. Before she left for her first trip to Saudi Arabia, Ida signed a work contract that had been drafted by the recruitment agency. She did not read its contents. Her first experience as a migrant domestic worker to Medina, Saudi Arabia, was good. She worked for 9 years, and every three years she was given a one-month leave to visit Indonesia. In 2002, Ida returned, rested for several months in her village, and then left again for Saudi Arabia through a different recruitment agency. She was assigned to work in Mecca. Then, two months into her employment, the torture, abuse and violence began beatings, being ironed, having hot water poured on her, being shocked with electricity, being kicked and verbally abused. She was not given any food,... She was not allowed to communicate with other people. Her employers excuse was that her work in the kitchen was not good enough. On arrival in Mecca, she was collected by her employer, a 40 year old man and his wife. He explained that she would work as a domestic worker and be paid monthly. Ida also signed a work contract with her employer. Again, she took no notice of the contents of the contract as she considered it only an administrative requirement. For her, the most important aspect was that she was able to work, earn money, and transfer it home to her family. Ida lived with her employers in their apartment. She worked alone but at times, she would work for almost 24 hours without rest. She did not get any holidays. Then, two months into her employment, the torture, abuse and violence began beatings, being ironed, having hot water poured on her, being shocked with electricity, being kicked and verbally abused. She was not given any food, so she often stole the food in the kitchen, which was always locked. She was not allowed to communicate with other people. Her employers excuse was that her work in the kitchen was not good enough. She pleaded with her employer not to beat her again, promising to do all her work well. But nothing changed. The abuse and violence continued, and she did not obtain her pay as promised. She was told that she would be paid at the end of her two-year work contract. Ida requested the recruitment agency to relocate her to another employer, but they ignored her. In her eleventh month of employment, Ida was accused of stealing the mobile phone of her employer s guest. She was locked in the bathroom, handcuffed, and beaten for not owing up to the theft. Her head was beaten so bad that her right eye now suffers from diminished vision. Unable to endure the torture any longer, Ida decided to flee by climbing through the window in the guest room. Unluckily, she fell from the window of a fourth floor apartment, knocking herself unconscious and breaking her backbone in the process. When she revived, she found herself in hospital. Rights at Work 15

16 ... Domestic Workers Project: Ida s Story: The Reality... Whilst she was hospitalized, her employer came and persuaded her to come back. Ida refused, insisting on remaining in hospital until she was strong enough to return to Indonesia. Prior to her return, her employer asked her to sign a letter. She was told that the letter stated that the cost of the hospital treatment would be deducted from her pay, and that if she refused to sign the letter, she would be taken back to her employer s house. In fright, she signed it. It was only later that she knew that the letter stated she had received all her pay. As soon as she was able to walk again, Ida went to her recruitment agency and insisted to be returned to Indonesia. At first, the agency said that Ida could not return home, but eventually relented and sent her home. She returned to Indonesia in October 2003 empty-handed, with wounds that had not fully healed, a limp when she walked, and her right eye almost blind. Yet, she still wishes to go abroad again to improve the economic situation of her family. Ida s story is the reality for most migrant domestic workers in Asia. Such experiences led to the February 2003 Regional Consultation in Hong Kong on Domestic Workers. At that meeting, it was recommended that there was a critical need to protect migrant workers in Asia against the threat of trafficking in persons or forced labour because of the isolation, discrimination and abuse domestic workers often experience. This led to the design of a sub-regional South-East Asian Project on Mobilisation on the Protection of Domestic Workers from Trafficking and Forced Labour in South East Asia. The Project aims to strengthen the protection of domestic workers in South East Asia through: (1) Research, Documentation & Analysis; (2) Advocacy & Technical Cooperation on Policy & Legal Frameworks for the Protection of Domestic Workers; (3) Strengthening the Organisation of Domestic Workers; (4) Capacity Building of Stakeholders; (5) Awareness-raising; and (6) Pilot Interventions. The Project covers the sending countries of Indonesia and the Philippines, and the receiving countries of Malaysia, Singapore and Hong Kong SAR. With the support of the UK DFID, the Project began in May 2004 and will end in March * The story is taken from Preliminary Report of the ILO on Mapping Forced Labour and Human Trafficking for Labour and Sexual Exploitation from, through and within Indonesian, A Rights at Work ILO Declaration Project: Setting up the New Indonesian Labor Dispute Settlement System ct No. 2 of 2004 on Industrial Dispute Settlement will take effect in less than two months. It introduces five (5) Dispute Settlement Procedures, namely Bipartite Settlement, Mediation, Conciliation, Arbitration and Industrial Court. As part of the ILO/USA Declaration Project s objective to assist the socialization and implementation of labour laws in Indonesia including Act No. 2 of 2004, the Project commits in providing initial trainings to mediators, conciliators, arbitrators and labour judges appointed under the Act No. 2 of The current number of mediators in Indonesia is recorded about 800 people. Based on the new Act, in addition to mediators, conciliators and arbitrators will also be appointed although they are not considered to be government officials. The Project plans to provide them with a range of trainings and workshops to improve their skills and expertise as well as to introduce them to various alternatives dispute settlement mechanisms and approaches. Mediators, conciliators and arbitrators will be expected to provide much more than just dispute resolution services, but also relationship development and training programs designed to limit or prevent conflict. The Project plans to invite some experts from Singapore, Australia, and Malaysia to be the resource persons for the trainings and workshops. With regard to the labour judges, the new Act envisions a labor court at the Supreme Court level composed of a Supreme Court judge and ad hoc judges, and at the district level composed of a judge and 10 ad hoc judges (five each from workers and employers). With about 300 districts in all of the 32 provinces, the total number of judges to be appointed in the long run comes to more than 3,000 judges. A number of essential activities of the Project for the coming months has emerged to include an introductory briefing for the Supreme court officials on the ILO; International Labour Standards (ILS) and comparative systems of labour adjudication; technical assistance to set-up training curriculum for labour judges; and training workshops for judges and potential judges on ILS and pre-adjudication conciliation with experts from the ILO Turin, International Training Center. Despite the delayed selection and appointment of judges and ad hoc labour judges, the Project has involved itself in the preparations for setting up the new Indonesian labour dispute settlement systems. The Project provided technical assistance and support mainly in the form of presentations, training materials and publications to the tripartite constituents in the workshops or seminars they have organized themselves on the socialization of Act No. 2 of Those seminars, for examples, as follows: National Meeting of Indonesian Mediators Association (8-9 August), National Meeting of Judges (23 September), presentations in the international business community and American Chamber of Commerce (31 August) and British Chamber of Commerce (30 September), and separate activities of trade union federations such as SPMI (1 August), SP-RTMM Bandung (3 September) and SP-TSK Bandung (2 October).

17 Social Protection Indonesian Businesses Stage War on H IV/AIDS epidemic has already become a major threat to the world of work. The epidemic cuts the supply of labour and threatens the livelihood of many workers and their families. The loss of skilled and trained workers also affects productivity and the operations of enterprises nationwide. A new ILO report released in July 2004, HIV/AIDS and Work: Global Estimates, Impact and Response, estimates that, without increased access to treatment, HIV/ AIDS will become the single biggest cause of mortality in the world of work; 48 million workers will be dead by 2010 and 74 million by Consequently, the ILO Jakarta Office, in collaboration with the Indonesian Employer s Organization (APINDO) and Aksi Stop AIDS-USAID (ASA-USAID), held a Series of Corporate Responses on the Impact of HIV/ AIDS under the banner HIV/AIDS is Everybody s Business in three provinces: DKI Jakarta on 29 July, East Java on 30 August and West Java on 1 October. These provinces were specifically targeted due to their high prevalence of HIV/AIDS. These series of workshops were organized as the followup of the Manpower Ministerial Decree No. 68 on HIV/AIDS Prevention and Control at the Workplace adopted in May The Decree, which adopted the principles of the ILO Code of Practice on HIV/AIDS and the World of Work, bans employers from discriminating against workers with HIV and requires employers to take steps preventing and controlling the spread of HIV/AIDS in the workplace through the Occupational Safety and Health schemes. According to Alan Boulton, Director of ILO Jakarta, companies play an important role in responding to HIV/AIDS as part of their social responsibility. Work provides a venue the workplace where talking about HIV/AIDS is especially relevant, where prevention programmes can be conducted, and where issues of discrimination and stigmatization can be addressed, he said. Meanwhile, Sofjan Wanandi, Chairman of APINDO, on behalf of the Indonesian business community, committed to formulate actions against HIV/AIDS at the workplace. He stated HIV/AIDS From left to right: Tauvik Muhamad (National Programme Coordinator on HIV/AIDS of ILO Jakarta), Faisal Basri (Economist from University of Indonesia), Sofjan Wanandi (Chairman of APINDO), Hari Nugroho (Researcher from University of Indonesia) and Richard Howard (Private Sector Conducting HIV test will only burden companies as, besides being expensive, it does not guarantee that in the following days their workers will not be infected,. Tauvik Muhamad ILO s Coordinator for HIV/AIDS that his organization was also committed to launch a pilot project consisting of several companies to develop workplace prevention programmes as modeled programmes that could be 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, besides being expensive, it does not guarantee that in the following days their workers will not be infected. It would be far cheaper for companies to campaign for the prevention and control of HIV/AIDS and organize education and training on the syndrome for the workers, he added. In Indonesia, there were an estimated 90,000 to 130,000 people living with HIV/AIDS at the end of 2003, of which 75% were male and 25% female. Due to factors such as a large mobile workforce, a large commercial sex industry (about 200,000 female sex workers with 7-9 million clients) and very low rates of condom usage, it is estimated that the number infected could double by end of The Department of Health furthermore estimates that between 17 and 20 million Indonesians are at direct risk of HIV infection because of these risk factors. 17

18 The Application of the ILO Code of Practice on HIV/AIDS and the World of Work T he ILO, in collaboration with University of Indonesia, conducted a baseline survey from April to June The survey covered around 191 companies in four provinces: DKI Jakarta, East Java, Riau Islands and Papua. These provinces were specifically targeted due to their high prevalence of HIV/ AIDS. For further information about the report, contact ILO Jakarta Office. Reason for no written regulation/policy on HIV/ AIDS (n=130) Others No urgency fot the policy No socialization from govt. Rely on doctor medical letter No employees found having invected by HIV/AIDS Having written regulation/policy of HIV/AIDS (n=191) Yes No 86.4 No Continuing the Recruitment of the Infected Employees (n=169) 2,1 Yes 11.5 Depends on employees condition HIV/AIDS free as a requirement for recruitment No 47.9% HIV/AIDS free as a requirement for job promotion (n=187) Yes 52.1% 52.9 Yes 47.1 No Implementing the HIV/ AIDS Learning Strategy for the UN: Asia and the Pacific Training of Learning Facilitators Under UN Resident Coordinator supports, Tauvik Muhamad (ILO Jakarta) and Keiko Izushi (WFP Jakarta), together with 30 other participants from 15 countries, participated in UN HIV/AIDS Training of Learning Facilitator for Asia and the Pacific in Bangkok, Thailand, from 19 to 26 October The participants also included ILO s representatives, namely: Chun Bora (ILO in Cambodia), Sylvia Fulgencio (Philippines), Saymano Sanoubane (Laos) and Karolin Holm (Thailand). 18 The main objective of the workshop was to ensure that all country teams have resource persons who fully understand the UN Learning Strategy on HIV/AIDS agreed by all co-sponsors. It was also to ensure that all participants have a common understanding concerning the agreed learning outcomes and standards related to HIV/AIDS in the workplace to support national responses to HIV/AIDS. At the end of the workshop, the country-provisional plan for the implementation of learning activities was prepared for further consultation within the UN system at the country level. The training was facilitated by Alan Silverman (UNAIDS New York), Victor Ortega, Clemet Chankam, Philippe E. Gasques and Steven Jensen (UNAIDS Geneva), Louise Robinson (WFP Rome) and Shibananda Purailatpam (UNDP New Delhi).

19 Social Dialogue Trade Union Activities In Short Trade Unions and the ILO Declaration At the core of the ILO s Decent Work Agenda is the promotion of the ILO Declaration. For trade unions, its promotion stands at the heart of trade union activities. Under the ILO/USA Declaration Project, trade union workshops on Freedom of Association and Collective Bargaining have been convened at the initiative of trade unions. The SPSI plantation sector unions convened a Trade Union Administration Workshop in Bandung on 28 August 2004, resourced by the Declaration Project. The GSPMII convened a workshop on Collective Bargaining and Negotiation on 30 August, resourced by the Associate Expert. Materials for both workshops were provided by the Declaration Project. The ILO will continue to provide technical support and materials, upon request, in Trade Unions and the Poverty Reduction Strategy (PRS) As a follow-up to the Trade Union PRSP work, a Symposium on Globalisation was held on 27 July. The objective was to share with the Indonesian trade unions the ILO Report on the World Commission on the Social Dimension of Globalisation, as well as to initiate trade union discussions on how they could promote decent work in this era of globalisation. The World Bank, the Institute of Global Justice, a University of Indonesia academic and ILO Geneva delivered papers to help trade unions understand the role decent work could play in harnessing the advantages of globalisation. At the Symposium, there was a consensus amongst the trade unions that there was a need for trade union cohesion at national level, as this would strengthen the trade union voice at national policy-making levels. In this regard, the ILO will continue to facilitate, as best as it can, on-going trade union participation in PRS activities in 2005 under the ILO s PRS programme. Trade Unions and HIV/AIDS Initial 1-day HIV/AIDS workshops were organized for two cities (Surabaya and Jakarta) in September in response to the identified needs highlighted at the Trade Union HIV/AIDS Zanzibar Café Consultative Group meeting in June and July. The objective of the workshops was to: (1) provide more information and understanding among workers of the impact of HIV/AIDS to business and (2) develop strategies for workplace prevention programmes, to scale-up the action to combat the spread of HIV/AIDS, including the piloting of HIV/AIDS prevention programmes in companies. More workshops are scheduled for trade unions in other regions for 2005 under the ILO s HIV/ AIDS programme Trade Union and Child Labour Not all trade unions are active in advocating the elimination of child labour. A Trade Union Consultative Group on IPEC and Youth Employment was thus convened in July. It provided an informal forum for trade union information and knowledge-sharing on anti-child labour initiatives and programmes. As a follow-up to these discussions, work is currently underway under the direction of the IPEC Chief Technical Advisor to adapt the ILO ACTRAV Trade Union and Child Labour Manual. The intention is for trade unions to use the manual to initiate and/or complement their anti-child labour advocacy and awareness-raising initiatives. Trade Unions and Gender Gender has been an on-going subject area where the ILO has provided trade unions much support over the last 8 9 years. A study on Trade Union Structures and Gender Equality is now underway, where the impact of the ILO/Trade Union gender activities will be assessed in terms of its impact on organisational structures of trade unions, recruitment strategies for women and men, and how trade unions address women s concerns as an organisation, to name a few. The study will conclude in early January 2005, and will be followed by a workshop in February 2005 where the findings of the study will be discussed. At the same workshop, trade unions will have an opportunity to contribute to the development of the follow-up activities from the study. The ILO Jakarta Office s Gender Audit in November also saw the participation of the trade unions. The three main national trade union confederations stated that their respective collaboration with the ILO on gender has been good. However, given the investment that both the ILO and trade unions have put into the issue, working women s empowerment was still an obstacle trade unions continue to face due to religio-cultural ideologies on the role of women. Trade Unions and Migrant Workers The formation of a Trade Union Consultative Group on Gender saw to the discussion of the domestic/migrant worker issue and how trade 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 in their training programmes; (b) advocacy and awareness-raising amongst members and the community on domestic/migrant workers rights; and (c) mobilisation and lobbying for improved policies and laws with regard to domestic/migrant workers. Work is underway to compile and adapt a trade unionspecific training manual on Migrant Workers Rights and the Role of Trade Unions for trade unions to use as a guide in their 19

20 ... Trade Union Activities In Short training programmes. Related advocacy and awarenessraising materials are also under development to complement the training manual. Both activities are being implemented under the Domestic Workers Project. Trade Unions, Youth and Employment As a result of the establishment of the Indonesian Youth Employment Network (IYENetwork), some trade unions have established Youth Desks/Programmes to address the issue, such as KSPI. Others, such as KSBSI, had initiated their own Youth Programmes before the formation of the IYENetwork. As a result of the ILO Youth Employment Project (which is in support of the implementation of the IYEN National Action Plan), interest has emanated from the trade unions on employment strategies for its displaced (retrenched) members. Initiatives have already begun by some trade unions on services that can be provided to their displaced members, such as the formation of cooperatives of displaced workers, in association with JAMSOSTEK. As a follow-up, there are plans to hold discussions with the trade unions in late 2004 or early 2005 on the issue of worker displacement in the context of employment strategies, and the informal economy. Trade Unions and the Agriculture Sector Under the supervision of the Sub-Regional Office Manila Workers Specialist, two studies on the agriculture sector are slated for December. The two studies focus on decent work deficits for agriculture workers, and rural workers, respectively. It is envisaged that the findings of the study will inform the ILO and trade unions on specific interventions that can contribute to agriculture, and rural, workers well-being at the workplace, including notions of how to improve worker organisation in the sector. International Trade Union Activities in Indonesia Recently, several sub-regional international trade union meetings were convened in Indonesia. The ILO was invited to speak at two such meetings. The first was the IUF Sub-Regional Workshop on Maternity Protection on 27 September. Fourty affiliates representing six countries of the South-East Asia sub-region participated at the workshop. The second was the World Federation of Clerical Workers (WFCW) Congress and Seminar on the Services Sector and Globalisation, convened on 1 November 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 Labour and Migrant Workers Rights. Support to the trade unions on the areas of employment strategies for its displaced members, and the informal economy. Follow-up action on the two agriculture studies. Follow-up action on the gender study. From left to right: Bambang Widianto (Director of Employment of Bappenas); Kirnadi (Director General of Training and Domestic Placement of MoMT); Tjepy Aloewie (Secretary General of MoMT) and Endang Sulistiyaningsih (Head of Center Admin International Cooperation of MoMT). A ILO Jakarta Tripartite Consultative Meeting round 13 representatives from the Ministry of Manpower and Transmigration (MoMT), National Development Planning Board (Bappenas) and employer s organization (APINDO) participated in a Tripartite Consultative Meeting hel by ILO Jakarta on 12 October. It was aimed at providing an opportunity to receive feedbacks from constituents on the work of the Organization, updating them on new developments and programmes as well as reviewing the progress on the National Plan of Action on Decent Work in Indonesia. Tjepy Aloewie, Secretary General of MoMT, said that there was an urgent need to improve the quality of the workforce. In line with this, the Ministry has established a National Professional Certification Council. He also mentioned about the importance of labour market information. We are looking for the ILO support to develop credible labour market information as a basis for policy development and facilitation for jobseekers. Meanwhile, Bambang Widianto, Director of Employment Sector from Bappenas, explained that to reduce unemployment rate from 9.5% in 2004 to 5.1% in 2009 as planned by the new government, employment should become a priority. Thus, in the new Medium Term Development Plan, he proposed that six broad areas should be included: (1) Improving the role and function of the labour market; (2) Improving the quality of human resources; (3) Developing an employment policy on the demand side; (4) Developing an employment policy from supply side; (5) Improving policy on labour migrations; and (6) Developing labour market support programme. Responding to the proposed areas, Djimanto, Secretary General of APINDO, emphasized the importance of poverty reduction strategy as an umbrella for placing employment at the heart of economic and social policies and for implementing decent work programmes in Indonesia. It should link to the National Employment Strategy and it should be regularly monitored at both national and regional levels. The consultative meeting will be followed by a meeting with trade unions, a workshop on employment strategy and a meeting to review the National Plan of Action on Decent Work. IN BRIEF

21 Gender Sexual Harassment at Work: Women Still at Greater Risk T he issue of workplace sexual harassment has turned out to be a genuine concern of the tripartite constituents in Indonesia especially in light of the adoption of new labour legislation under its Labour Law Reform Program. Confusion whether workers have sufficient protection under the Manpower Act arising mainly from silence or lack of complaints when sexual harassment occurred at the workplace. As an integral part of the objectives and activities envisioned under the ILO/USA Declaration Project on Industrial Relations in Indonesia, the Project in collaboration with the ILO Jakarta Office held the first National Tripartite Workshop on Sexual Harassment in the Workplace in Jakarta on 24 August. The main purpose of the workshop was to serve as an initial informational activity based on national and international perspectives, examine the adequacy of existing laws and policies, including company rules and collective agreements in effectively preventing and addressing the issue of sexual harassment and to identify the roles of the tripartite constituents and the follow-up measures required. The main resource person was Naomi Cassirer, Gender Specialist from ILO Sub-Regional Office Manila. ILO/Tri Andhi Silence or lack of complaints does not mean that sexual harassment does not occur. The ILO considers sexual harassment as a violation of the fundamental rights of workers and declares declaring that it constitutes a problem of safety and health, a problem of discrimination, an unacceptable working condition and a form of violence, primarily against women, said Carmelo Noriel, Chief Technical Adviser of ILO Declaration Project on Industrial Relations in Indonesia. In the workshop, panelists from various companies shared their experiences in dealing and preventing workplace sexual harassment by establishing a bipartite forum to process any grievance or complaint from workers. The workshop concluded that developing effective means to address the issue of sexual harassment in the workplace was significantly important and essential since such harassment could also lead to increased absenteeism, high turnover of staff and loss of valuable employees and to a poor image of the company. S exual What is SEXUAL HARASSMENT AT WORKPLACE? harassment consists of unwelcome and unwanted sexual conduct. Both men and women can be subjected to sexual harassment, yet women are much more likely to be affected. Certain groups of women workers tend to be at greater risk of being subjected to sexual harassment, particularly girls 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 supervised by a small number of men are also at risk. The two principal types of sexual harassment in the workplace are quid pro quo harassment and the creation of a hostile working environment. Quid pro quo (meaning this for that ) harassment refers to a demand by a person in authority, such as supervisor, for sexual favours in order to obtain or maintain certain job benefits a wage increase, promotion, training opportunity, a transfer or a job itself. It forces workers to choose between giving in to sexual demands or losing benefits. This type of sexual harassment is also referred to as sexual blackmail. The second type of sexual harassment can poison the work atmosphere and limit the adequate performance of workers. Thus, the creation of a hostile working environment is usually included in definitions of sexual harassment in laws and policies against the practice around the world. It encompasses physical, verbal and non-verbal acts of a sexual nature which are offensive to the person being harassed. THE MOST COMMON FORMS OF SEXUAL HARASSMENT AT THE WORKPLACE INCLUDE: Women workers at tobacco company in East Java, Indonesia Physical harassment (kissing, patting, pinching or touching in a sexual manner) Verbal harassment (unwelcome comments about a person s sex or private life, jokes and insinuation, sexually explicit conversations, suggestive comments about a person s appearance or body) Written or graphic harassment (sending pornographic pictures through , putting up pin-ups or addressing unwanted love letters to an employee) Emotional harassment (behaviour which isolates, is discriminatory towards, or excludes a person on the grounds of his or her sex) 21

22 Promising Start for MIGRANT WORKERS * By Alan Boulton, Country Director of the ILO in Indonesia T he actions by the President and the Manpower Minister in their early days in office are a good sign that the Government will finally address the problems which confront many Indonesian migrant workers. The President made a special trip to Riau Island to welcome returning workers from Malaysia and to acknowledge the contribution of these heroes. The new Manpower Minister, Fahmi Idris, has visited Malaysia for discussions with the Malaysian Government on a range of migrant workers issues. It is important that follow-up action ensure a proper system and protections are now put in place for migrant workers. There is growing awareness of the problems encountered by many Indonesians who seek employment opportunities in other countries. While overseas employment can be a rewarding experience for many, some migrant workers suffer poor working and living conditions. In recent wellpublicised cases, some workers have suffered serious abuses at the hands of their employers. Migrant workers are an increasingly important part of the labour force of many countries. It is estimated that there are more than 86 million migrant workers the world over, of which some 32 million are in developing regions. More than two million Asian workers leave home every year to work in other countries within, and outside, the region, under shortterm employment contracts. Today s migrant workforce includes workers with a variety of skills. At the upper end are the millions of professional workers who travel to other countries in search of higher wages or greater opportunities. However migration flows are dominated by workers moving to fill unskilled jobs in those sectors of the labour market vacated by native workers who have moved on to better jobs. Most migrants from developing countries tend to end up working in the socalled 3D jobs - the dirty, dangerous, and difficult jobs that local workers don t want. Women account for an increasing proportion of international migrants. The feminisation of the migrant workforce, particularly in labour-intensive manufacturing industries and in many service industries, is most evident in Asia, where a considerable number of women emigrate each year in both unskilled and skilled professions, the majority in domestic service and entertainment and, to a lesser extent, in nursing and teaching. Over the last decade Indonesia has become one of the world s major suppliers of unskilled international contract labour. Indonesia is the second largest exporter of labour after the Philippines. According to a recent ILO study, the number of documented or regular migrant workers was 438,000 in The number of undocumented or irregular migrant workers is difficult to estimate, but is likely to be at least twice the official figure. It is estimated that the annual foreign exchange earnings derived from Indonesian migrant workers is between US$1.1 to $2.2 billion. Remittances from migrant workers in 2003 alone amounted to US$1.86 billion, making them the second largest contributor to Indonesia s foreign exchange earnings after oil and gas. About 72% of Indonesian migrant workers are women. Over 90% of these women are employed as domestic workers in countries like Malaysia, Singapore, Hong Kong, Taiwan, South Korea and the Middle East. The two main destinations are Malaysia (40%) and Saudi Arabia (37%). Of these countries, only Hong Kong provides a legal framework for the protection of domestic workers rights, such as working hours, standardised wages, leave, and other conditions of employment. Indonesian migrant workers therefore contribute a great deal to the Indonesian economy and society and are an increasingly important part of its labour force. Labour migration offers prospects of employment for many who would have little chance of finding jobs at home and therefore helps to relieve the unemployment problems in Indonesia. COLUMN 22

23 COLUMN The challenge for government is to find ways of maximising migration s contribution to growth and development and providing appropriate protections and support for Indonesians who want to work in other countries. So what needs to be done? Providing better protections for migrant workers will involve work at different levels. At the international level, there must be acceptance that core labour standards provide a minimum set of global rules for labour in the global economy. At the national level, some of the key areas requiring improvement include: the provision of accurate, timely and appropriate information to potential migrant workers about costs involved and wages and conditions at the destination; effective control of recruiters and middlemen so that commissions, travel and recruiting costs are charged at realistic levels; a more streamlined recruitment process with less opportunities for corruption; addressing problems in the official system for obtaining work abroad (too expensive, too long, etc.) so as to encourage less undocumented labour migration; strengthening laws and policies to combat trafficking in persons; and encouraging and facilitating the safe forwarding of remittances. There have already been significant improvements in the support provided to migrant workers through Indonesian embassies in many receiving countries. There is scope for developing these services further through the posting of We need to make greater efforts, both to ensure that Indonesia and Indonesians benefit from the opportunities of international labour migration, and that proper protections are provided for migrant workers. Effective and sustained action on the part of government is necessary for the development, implementation and monitoring of policies that will maximise the benefits, and minimise the risks, of labour migration. Labour Attaches in more embassies and the encouragement of support groups for Indonesian workers abroad. Providing better protections will involve the national government working with provincial and district governments on some of these measures. Consideration should also be given to ways of upgrading the skills base of the migrant labour workforce, in order to improve their competitiveness and bargaining power. It is sensible to commit resources to develop one of Indonesia s largest export industries and especially to one which brings benefits to many ordinary Indonesian women and men. It is essential that there be dialogue with, and involvement of, key stakeholders, service providers, and monitoring agencies. Trade unions and community organisations can assist migrant workers by organising them and giving voice to their concerns. Most important of all, there is a need to involve migrant workers themselves in the efforts to provide better protection. The fair treatment and protection of migrant workers also relates to their return to Indonesia and integration back into their local communities. We need to make greater efforts, both to ensure that Indonesia and Indonesians benefit from the opportunities of international labour migration, and that proper protections are provided for migrant workers. Effective and sustained action on the part of government is necessary for the development, implementation and monitoring of policies that will maximise the benefits, and minimise the risks, of labour migration. * The article was Published in the Jakarta Post on Monday, 6 December 2004 Agenda The Launch of Police Conduct Guidelines in Handling Law and Order in Industrial Disputes, Jakarta, January 2005 Reconciliation Training for Judges, Jakarta and Yogyakarta, January 2005 Industrial Relations Summit, Jakarta, January 2005 National Workshop on Strategic Planning for National Advocacy Network on Domestic Workers, Jakarta, first quarter of 2005* Launch of reports and publications on domestic and migrant workers, Jakarta, first quarter of 2005* Workshop for Labour Judges in collaboration with Industrial Tribunal of Malaysia, Jakarta, February 2005* Launch of Child Labour Attitude Survey, Jakarta, February 2005 Launch of National Action Committee Report on the Implementation of National Action Plan, Jakarta, March 2005 Gender Equality through Collective Bargaining, Jakarta, April 2005* * planned

24 Behind the Youth Employment Project Proyek Ketenagakerjaan Muda Desks left to right: 1. Tri Andhi Suprihartono, Programme CoordinationOfficer 2. Julieta Fauzia, Administrative Assistant 3. Rolly Aruna Damayanti, National Project Officer 4. Margaret Reade Rounds, Programme Manager Child Labour Project Proyek Pekerja Anak left to right: 1. Ade Cahyadi, Finance Assistant 2. Imelda Sibala, Project Coordinator for Mining Sector 3. Abdul Hakim, National Programme Officer 4. Patrick Quinn, Chief Technical Advisor 5. Mediana Dessy, Project Coordinator for Footwear Sector 6. Sri Arifin, Administrative Assistant 7. Edy Sunarwan, Project Coordinator for Fishing Sector 8. Arum Ratnawati, National Programme Office 9. Dede Shinta Sudono, National Programme Officer (insert) Domestic Workers Project Proyek Pekerja Rumah Tangga Child Domestic Workers and Child Trafficking Project Proyek Pekerja Rumah Tangga Anak dan Perdagangan Anak 1. Lotte Kejser, Chief Technical Advisor 2. Maria Pakpahan, National Project Coordinator 3. Dorothea Soetiman, Admin. Secretary 1. Pandji Putranto, Senior Programme Officer 2. Dewi Sri Nurwanti, Admin. Secretary Police Training Project Proyek Pelatihan Polisi 1. Christianus Panjaitan, National Coordinator of the Police Training Project 2. Ida Farida, Admin. Secretary Industrial Relations Project Proyek Hubungan Industrial left to right: 1. Djoko, Clerk 2. Dewi C. Budhiwaskito, Admin Secretary 3. Lusiani Julia, National Project Coordinator 4. Carmelo Noriel, Chief Technical Adviser 5. Wanna Sakib, Finance Project Officer 6. Ganef Cachandra, Driver/Clerk

25 Gender 2nd ILO O Jakar arta Brief Bilingual Edition (October - December 2004) How Much Work Do Women and Men Do? A lthough Indonesian women have been participating in the labour force in greater numbers in recent years, most labour market indicators reveal a bias against women. According to the statistics of 2001, only 52% of women are classified as participating in the labour force, compared with 84% men. Although the numbers slightly change every year, men s labour force participation rates have consistently exceeded women s. Because of poor education and training, lack of capital, family responsibilities and discrimination, data shows that women are consistently more disadvantaged in the labour market than men. According to the labour market indicators of the Central Bureau of Statistics 2003, occupational patterns for men and women differ in their employment statuses, where more 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 or temporary workers. In stark comparison is the overrepresentation of women among unpaid family workers and women working in the informal sector. The industrial and occupational sex segregation in the labour market concentrates men and women in different fields of works. Men dominate in industries that tend to provide higher pay, such as mining, quarrying, utilities, construction and transport; meanwhile, women have their greatest representation in agriculture and trade, which are characterized with relatively low payment. Occupational segregation confines women to a narrower range of occupational opportunities than men, while men are more evenly distributed. Contents How 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 Evidence of Gender Inequality in the Workplace Restricted access for women to a broad range of educational and training opportunities (nearly 70% of the students in vocational schools are boys) Low legal and social protection (among the workers who are covered by social security schemes, men outnumber women two to one) Lack of representation (38% of civil servants were women but only 14 % of them in positions of authority*) Income disparity (the average salary of female university graduates in Indonesia is 25% lower than that of male university graduates*) (*2002 Country Reports on Human Rights Practices: Indonesia, Dept of State, U.S.A)

26 Editorial Team: Kyung Eun Lee, Gita Lingga, Dewayani Savitri, Oktavianto Pasaribu What are the Obstacles Faced by Women at Work? S tructural obstacles such as discriminatory recruitment practices make it difficult for women to participate in the workforce. A job vacancy with the age limit of late 20s and three years work experience shuts the door for aspiring women who have had to take care of their children by themselves. Many jobs, even in the non-manual sector, often require higher education achievements and inadvertently, advertise for males only. There are also cases where pregnant women are replaced when they are on leave, effectively terminating their employment. Sometimes, different retirement policies are applied to men and women, preventing women from pursuing their professional and personal aspirations. In the workplace, women face an up-hill battle in relation to their working conditions. In many cases, a company usually persuades women workers not to take menstruation leave, although the Law No. 13/2003 on Manpower states that a company should grant two days of paid menstruation leave to all women workers each month. Moreover, many offices do not provide day care centers or special rooms for breast-feeding mothers. Most Employers Still Neglect Women s Rights A survey by the Women s Journal Foundation (YJP), released in January, has revealed that many firms in large cities across the country are neglecting women and their legal rights in the workplace. Although laws require companies to grant a three-month maternity leave, employers discourage women from taking the full three months off. It is reported that in some companies, women are told to take maternity leave for two months at the maximum and get extra money as compensation for the third month. The survey also revealed that in many cases, pregnant women have been required to take their maternity leave for three consecutive months after giving birth. Existing law allow for one-and-a-half months prenatal, and an equal amount of time of post-natal maternity leave. The report mentioned that the pregnant workers remain at work for the full nine months of their pregnancies, which can be dangerous to their health and for their babies. The survey also showed that companies also cancel contracts of non- permanent workers when they are seven or eight months pregnant. Presumably, this is a way for the companies to avoid providing paid maternity leave. Source: The Jakarta Post, 24 January 2004: Most Employers Neglect Women s Rights: NGO What Protective Measures are Available? F our ILO Conventions are central to promoting and achieving gender equality in employment. Of these, Indonesia has ratified two: Convention 111 and Convention 100 (Act No. 80/1957 and Act No. 21/1999). Convention 100 on Equal Remuneration Calls for equal pay and benefits for men and women for work of equal value Convention 111 on Discrimination (Employment & Occupation) Calls for a national policy to eliminate discrimination in access to employment, training and working conditions, on grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and to promote equality of opportunity and treatment. Convention 156 on Worker with Family Responsibilities Recognize the need to create effective equality of opportunity and treatment between men and women workers with family responsibilities. Convention 183 on Maternity Protection Calls for shared responsibility of government and society to take into account the circumstances of women workers and to provide protection for pregnancy. In addition, Manpower Act No. 13/2003 aims to provide more streamlined and comprehensive protection for workers including women workers. Articles 5 and 6 of the Act contain anti-discrimination provisions. Article 5: Employment opportunities are to be offered without being discriminated against on grounds of sex, ethnicity, race, religion, political orientation, in accordance with the person s interest and capability. Article 6: Employers are under an obligation to give the worker/labourer equal rights and responsibilities without discrimination based on sex, ethnicity, race, religion, skin colour, and political orientation. ILO Programme on Gender Equality in Workplace C urrently, ILO Jakarta is working closely with the tripartite partners on Equal Employment Opportunity (EEO). In October 2003, the Ministry of Manpower and Transmigration (MoMT) issued a decree (KEP-53/MEN/IV/ 2004) establishing an EEO Taskforce to coordinate the ministry s technical agencies to prepare programs and activities for the application of EEO in the workplace. As a way to provide technical assistance, ILO has developed a Project to Support the Development of a National Policy on EEO in Indonesia. Through the Project, ILO assists and advises MoMT on their workplan and program on EEO, provide technical assistance to develop guidelines on EEO for the private sector and training local government officials. It also conducts consultative meetings with APINDO and the trade unions on EEO.