Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Discrimination on the grounds of race, colour and national extraction – Transmigration programmes. In previous observations, the Committee has been requesting the Government to take steps to examine the situation of alleged racial discrimination against indigenous peoples in Papua and Kalimantan, and to indicate the measures taken to ensure that there is no discrimination in employment and occupation on the basis of race, colour or national extraction, particularly in the implementation of transmigration programmes. The Committee notes with interest the adoption of Act No. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination which defines and aims to eliminate racial and ethnic discriminatory action with respect to civil, political, economic, social and cultural rights, and imposes a number of obligations on national and regional governments regarding the effective protection and elimination of racial and ethnic discrimination. Under the Act, the National Human Rights Commission (Komnas HAM) is responsible for supervising efforts aimed at eliminating all forms of racial and ethnic discrimination. Such supervision may include, among others, the monitoring and assessment of government policies considered a potential cause of racial and ethnic discrimination, the fact-finding and evaluation of alleged racial or ethnic discriminatory actions by individuals, communities or government, and the monitoring and assessment of government and community action in eliminating such discrimination. With regard to the alleged discriminatory impact of transmigration programmes on certain groups of the local population in Papua and Kalimantan, the Committee notes the Government’s general statement that the integration of transmigrants into the local population is carried out through equal treatment, services, rights and obligations in the field of arts, religion and social and economic institutions. The Committee requests the Government to provide information on the practical application of Act No. 40 of 2008, including any relevant administrative and judicial decisions. In this regard, please also indicate the action taken by the Komnas HAM to monitor the effectiveness of government policies aimed at eliminating racial and ethnic discrimination or to examine any alleged discriminatory impact of government assisted or independent transmigration on indigenous peoples in Papua and Kalimantan. The Committee further requests the Government to indicate any other action taken or envisaged, at national and regional level, to promote equality of opportunity and treatment in employment and occupation of all ethnic groups of the population, including indigenous peoples, irrespective of race, colour and national extraction, and on the results secured by such action, in accordance with Article 3(f) of the Convention.

Discrimination based on political opinion. For a number of years the Committee has sought clarification from the Government regarding section 18(i) of the Recruitment of Civil Servants, Government Regulation No. 98/2000 dated 10 November 2000 which provides that civil servants are to be dismissed upon becoming members and/or leaders of political parties, and section 8 of the Civil Servants who are Members of Political Parties, Government Regulation No. 5/1999 dated 26 January 1999, which provides for dismissal of civil servants on the same basis.  The Committee notes that in its latest report the Government explains that the prohibition for civil servants to become or to be members of a political party is justified due to the need for public servants to remain neutral and fair and independent from politics. The Committee notes that the new Act on Political Parties No. 2 of 2008 provides that citizens of Indonesia who are 17 years of age or over can become a member of a political party, and that membership of a political party is voluntary, open and non-discriminatory to Indonesian citizens (section 14). The Committee recalls that under the Convention, protection against discrimination based on political opinion also extends to membership in political organizations or parties (see paragraph 57 of the 1988 General Survey on equality of opportunity and treatment). While it may be admissible for the responsible authorities to bear in mind the political opinions of individuals in the case of certain limited higher level posts which are concerned directly with implementing government policy, it is not compatible with Article 1(2) of the Convention for such conditions to be laid down generally for all civil service employment. In this regard, the Committee draws the attention of the Government to paragraph 122 of the Special Survey of 1996 on equality of opportunity and treatment in employment and occupation, and requests the Government to amend Regulation No. 98/2000 and Regulation No. 37/2004 to ensure workers are not discriminated against based on their political opinion.

The Committee is raising other points in a request addressed directly to the Government.