Experts of the Committee on Economic, Social and Cultural Rights Commend Indonesia on Successful General Elections, Raise Questions on the Job Creation Law and Religious Freedoms

The Committee on Economic, Social and Cultural Rights today concluded its review of the second periodic report of Indonesia, with Committee Experts commending the State for its recent successful general elections, while raising questions on the country’s job creation law and religious freedoms.

Seree Nonthasoot, Committee Expert and Taskforce Leader, congratulated Indonesia for the successful general elections on 14 February.  With more than 270 million people, 17,000 islands and being the biggest economy among the 10 members of the Association of Southeast Asian Nations, the success of democracy in Indonesia was of particular significance to the Committee.

Mr. Nonthasoot said the job creation law of 2023 relaxed regulatory requirements on forestry law by removing the minimum 30 per cent reserve of watershed and island area as forest land, which would have been used to prevent disasters such as flooding and landslides.  It was problematic because it relaxed a number of requirements for sustainability, including for the protection from natural disasters.  A human rights approach must always be respected.  Could the State party clarify these contradictory developments? Another Expert asked if the legislation of the omnibus law adversely impacted on indigenous Papuans?  How would the State party deal with these kinds of conflicts?

A Committee Expert said over the last three years, there had been a lack of consistency when dealing with religious matters, including a discriminatory approach to inter-faith marriage documentation. Could the State party clarify this situation?  What was the rationale behind such regulations?   Another Expert asked what was the point in reflecting only one of the six religions during marriage?  Could someone change religious denomination with ease?  What options did those belonging to other religious groups have?

The delegation said the omnibus law was a set of comprehensive frameworks, formulated to stimulate Indonesia’s economy and attract foreign investment.  It provided legal certainty for employment, while including an extensive set of labour provisions.  The enactment of this law had successfully increased foreign investment in Indonesia. The law had undergone a judicial review. As per the law, the Government could cancel a business permit altogether when a company had been proven to violate an environmental requirement.

The delegation said interfaith marriage in Indonesia was a complex topic of discussion. Marriage in Indonesia was not only a civil event, but also a religious event.  Indonesia recognised six official religions, and the marriage law aimed to encourage diversity of religion.  As mandated by the Constitutional Court decision, followers of the traditional belief system could register their religious identity in their identity cards, which had prevented discrimination due to religious beliefs.  This allowed them to access all public services.

Tri Tharyat, Deputy Foreign Minister for Multilateral Cooperation at the Ministry of Foreign Affairs of Indonesia and head of the delegation, presenting the report, said in 2022 and 2023, Indonesia’s economy grew by 5.31 per cent and 5.05 per cent respectively.  The unemployment rate went down from 5.86 per cent in August 2022 to 5.32 per cent in August 2023.  In the field of land rights, Indonesia had made significant progress in sorting out overlapping land claims and digitising land registration. From 2019 to 2023, around 9.1 million acres of land had been certified.  Indonesia was strongly committed to continue the land reform programme to protect the rights of all citizens.

In concluding remarks, Mr. Nonthasoot said there were two key issues to be highlighted for Indonesia. The balance between welfare and development seemed to be a big compromise.  The other broad issue pertained to resource allocation.  In both cases, it was important to underscore the mainstreaming of participation and a human-rights based approach.

Mr. Tharyat expressed appreciation to the Committee for the opportunity to engage in the constructive dialogue.  Indonesia was committed to ensuring that the outcomes of the dialogue were tangible and contributed to the positive change of enhancing human rights. 

The delegation of Indonesia consisted of representatives from the Ministry of Foreign Affairs; the Ministry for Political, Legal and Security Affairs; the Ministry of Law and Human Rights; the Ministry of National Development Planning; the Ministry of Agrarian Affairs and Spatial Planning; the Ministry of Villages, Disadvantaged Regions and Transmigration; the Supreme Court; the Cabinet Secretariat; and the Permanent Mission of Indonesia to the United Nations Office at Geneva.

All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Webcasts of the meetings of the session can be found here, and meetings summaries can be found here.

The Committee will next meet in public at 3 p.m. on Wednesday, 21 February, to start its consideration of the seventh periodic report of Sweden (E/C.12/SWE/7). 

Report

The Committee has before it the second periodic report of Indonesia (E/C.12/IDN/2). 

Presentation of Report

TRI THARYAT, Deputy Foreign Minister for Multilateral Cooperation at the Ministry of Foreign Affairs of Indonesia and head of the delegation, said the COVID-19 pandemic had presented significant challenges for Indonesia’s efforts in promoting economic, social and cultural rights.  However, through a set of policy measures, the country had been able to manage the impacts of the pandemic and rebounded with increasing economic growth as well as a decreased unemployment and poverty rate.  In 2022 and 2023, Indonesia’s economy grew by 5.31 per cent and 5.05 per cent respectively.  The unemployment rate went down from 5.86 per cent in August 2022 to 5.32 per cent in August 2023.  The extreme poverty rate decreased from 3.5 per cent in 2021 to 2.5 per cent in 2022. 

The World Health Organization had commended Indonesia on its handling of the pandemic through its national vaccination programme.  Around 200 million people had received at least one dose of the COVID-19 vaccine free of charge, while 174 million had received the second dose.  Various aspects of the fulfilment of economic, social and cultural rights had been integrated into Indonesia’s national development plan, national action plan on human rights, and the recently enacted national strategy on business and human rights.

Law no 11/2020 on job creation, or the omnibus law, was a comprehensive law aimed at strengthening Indonesia's economy, attracting foreign investment, and creating job opportunities.  Despite criticism, the law had brought positive impacts on Indonesia's economy, business environment, environmental protection, and overall development.  During the period from January 2021 to March 2022, the foreign direct investment flow into Indonesia rose by 29.4 per cent, compared to the period from June 2019 to September 2020.  The Indonesian judicial system provided means to submit requests for reviews of laws and regulations, including for the omnibus law.

In the field of land rights, Indonesia had made significant progress in sorting out overlapping land claims and digitising land registration.  From 2019 to 2023, around 9.1 million acres of land had been certified. Indonesia was strongly committed to continue the land reform programme to protect the rights of all citizens. Mr. Tharyat concluded by saying that the Indonesian delegation stood ready to engage in a constructive dialogue with the Committee and to consider the Committee’s upcoming recommendations.

Questions by Committee Experts

SEREE NONTHASOOT, Committee Expert and Taskforce Leader, congratulated Indonesia for the successful general elections on 14 February.  With more than 270 million people, 17,000 islands and being the biggest economy among the 10 members of the Association of Southeast Asian Nations, the success of democracy in Indonesia was of particular significance to the Committee.  Could the State party clarify if there was a policy or practice on human rights training, including training on international human rights mechanisms for judges at various levels from the municipalities to provincial to the capital in Jakarta, as well as those in the specialised courts, particularly the human rights court?  When would Indonesia accede to the Convention on Enforced Disappearances and ratify the Optional Protocol to the Covenant?

Could the State party confirm its efforts to strengthen the national human rights institution’s institutional capacity, including the availability of a sufficient budget and quality human resources?   The Committee noted with concern that mandatory human rights due diligence was absent from the national strategy of the State party.  Could information be provided about whether Indonesia would require all of its State-owned enterprises to conduct and make publicly available the result of human rights due diligence of their policies and projects?

The Committee was alarmed by the lack of prioritisation of vulnerable sectors and groups.  Indigenous peoples were mentioned only in passing in the strategy and there was also a lack of action plans concerning affected communities, land and natural resources.  Would these issues be reprioritised or implemented by the national and regional task forces on business and human rights? 

The job creation law of 2023 relaxed regulatory requirements on forestry law by removing the minimum 30 per cent reserve of watershed and island area as forest land, which would have been used to prevent disasters such as flooding and landslides. Could the State party clarify these contradictory developments?  Had militarisation become a general trend and how did Indonesia intend to ensure that militarisation was not used to threaten civil society, especially human rights defenders, in large-scale development projects?

Was Indonesia’s commitment to coal reduction still in place?  What measures would the State party use to implement the Association of Southeast Asian Nations’ agreement on transboundary haze pollution?  How did Indonesia plan to minimise deforestation and coastal destruction on the new capital site?  What was the State party’s response to calls to protect coastal communities and densely populated areas inland from rising sea levels and potential flooding?  Did Indonesia plan to implement a robust mechanism of resource allocation to enhance service delivery and the quality of basic public services as in the case of healthcare in rural areas?  Had the revised corruption eradication committee law weakened the functioning of the corruption eradication committee?

Grave human rights violations had been reported against indigenous Papuans in the provinces of Papua, West Papua, Central Papua, and Mountains Papua.  What was the progress on the indigenous peoples’ bill which had been stalled in parliament for nearly a decade?  The Committee had learned that many of the internally displaced in West Papua had been living in a state of limbo without proper access to health services and education.  Could clarification on the issue be provided?  Could an update on the situation of the 1,000 Rohingya refugees in Aceh be provided?

The Committee was concerned about reports of conversion therapies that had been forced upon many lesbian, gay, bisexual, transgender and intersex people in Indonesia? Could the State party shed light on this and provide a plan to address this issue?  Since first being introduced in West Sumatra in 2001, Indonesia had imposed 120 local mandatory hijab regulations.  Could the State party clarify this? 

Responses by the Delegation

The delegation said several training sessions had been conducted on human rights principles for 1,672 judges in 2021-2022.  The law on the corruption eradication committee had been amended twice to make it more effective in performing its duties and prevent it from becoming a political tool. The Government was committed to continuously improving infrastructure development and had completed 173 national projects. These had had a significant impact on creating connectivity, and enabling economic flows from the centre to the regions. A presidential decree had been implemented, which provided more legal certainty around Government compensation in land laws.  

Indonesia stood resolute in ensuring that its legal frameworks aligned seamlessly with the standards of international human rights.  By upholding the principles of non-discrimination, Indonesia shielded all its citizens from violence.  Regarding the Convention on Enforced Disappearance, a national process was underway, and the Government had submitted a ratification bill to the house of representatives. 

Regarding the regulations on extramarital sex and adultery, proceedings would only be initiated if a complaint was made by immediate family members.  The State could not interfere into an individual’s private matters without their request.  The Indonesian Constitution guaranteed the protection of all, including activists, journalists and human rights defenders.  Indonesia firmly believed that human rights defenders were vital partners in advancing human rights.   

The national strategy on business and human rights aimed to ensure corporate responsibility in protecting human rights, and provide access to remedies.  The dissemination of the national strategy was a priority in 2024. The Government continued to expand the application of assessments on risk and human rights.  Training had been held in eight cities in Indonesia, with more than 70 companies utilising the application.  Since the launch in February 2021, more than 200 business enterprises had participated.  The Ministry of Home Affairs had established a review mechanism to ensure local laws complied with statuary regulations and upheld human rights.  In 2019, the Ministry issued letters requesting local governments to take steps to amend discriminatory laws. 

The omnibus law was a set of comprehensive frameworks, formulated to stimulate Indonesia’s economy and attract foreign investment.  It provided legal certainty for employment, while including an extensive set of labour provisions.  The enactment of this law had successfully increased foreign investment in Indonesia. The law had undergone a judicial review. As per the law, the Government could cancel a business permit altogether when a company had been proven to violate an environmental requirement. 

Questions by Committee Experts

SEREE NONTHASOOT, Committee Expert and Taskforce Leader, said the Committee considered corruption to be a human rights violation.  What had the Government done to deal with conflicts in the agrarian community?  The Committee was concerned about the situation of domestic workers.  Did the State party intend to ratify International Labour Organization Convention 189?  Was a law in place which provided for the protection of domestic workers?

A Committee Expert said Indonesia was one of the countries most affected by climate change. What were the plans to expire the use of fossil fuels?

Another Expert asked about the methodology of the drafting of the report; did it include the participation of civil society organizations?  Did the Government have a standing structure to provide follow-up to implementation? 

Regarding the gap of women in the labour market compared to men, what had the State done with the view to the redistribution of non-renumerated work to women?  What measures had the State taken to ratify instrument 109 on violence and harassment?

Responses by the Delegation

The delegation said the house of representatives had agreed to propose the bill on domestic workers. The bill would protect the rights of domestic workers, including on fair working hours.  Since 2019, Indonesia had a permanent moratorium on forest clearing and the Government had rehabilitated a significant amount of degraded land.  In 2024, the Government was targeting 650,000 hectares of degraded land.  Indonesia had a strong commitment to achieving net zero emission by 2060, or sooner. The Government had made efforts to resolve the agrarian conflict.

The Government was committed to addressing the issue of internally displaced people in Papua. Measures had been undertaken to address the immediate needs of the victims of drought, including by providing rice, instant food and other basic needs to more than 5,000 affected individuals. The Government had identified eight communities in Papua that had been displaced due to terrorist activities, and provided them with humanitarian assistance.  The Government would continue to work with the churches to ensure they could assist these communities.  Fiscal incentives had been allocated to disadvantaged regions to develop infrastructure and accelerate economic growth.  A significant decline had been seen in the number of underdeveloped villages and disadvantaged regions, from 33,000 in 2016, to 7,000 in 2023. The Government’s efforts in addressing regional disparity were guided by several frameworks, including the allocation of village funds. 

The Government was committed to creating a safe working environment for women, including through the issuance of guidelines on the prevention of sexual violence at the workplace. The enactment of the law on sexual and violent crimes was a key achievement in the protection of women in Indonesia.  The Government was formulating three follow-up procedures to ensure the regulation of the law. The bill on drug and food control continued to be prioritised as one of the national legislation programmes for 2024. 

Questions by Committee Experts

A Committee Expert recognised Indonesia’s increase of formal jobs to more than 35 million by 14.2 per cent since 2021, which was a big achievement.  The Committee appreciated the house of representatives' formal proposal of the domestic workers protection bill but noted the significant delay in advancing this legislation.  What was the progress made towards the adoption of the bill?  What interim measures were forthcoming to support domestic and other informal workers, if the bill was further delayed?

Did the legislation of the omnibus law adversely impact on indigenous Papuans?  How would the State party deal with these kinds of conflicts?  Young people accounted for more than half of the unemployed in Indonesia.  How did Indonesia plan to overcome that problem?  What steps were being taken to improve the protection of migrant workers domestically? The Committee Expert was concerned that the new job creation law had reportedly increased the use of temporary contracts.  What safeguards were available to negotiate a fair contract termination? 

Could information be provided on planned labour inspection reforms to ensure effectiveness and data-driven compliance monitoring?  What were the measures being taken to decrease the number of fatal work accidents and which sectors were the key focus?  The Committee remained concerned that civil servants did not have the right to strike in line with international standards.  What actions were being taken to allow civil servants to join an independent trade union?  The job creation law seemed to threaten trade union rights to bargain collectively.  Could this be clarified?  How would the State party ensure that trade union members could express their right to freedom of opinion and association without fear of intimidation and reprisal?

The right to strike seem to be restricted through severe procedural requirements and in practice.  How often were these restrictions used and how often had striking workers been attacked by security forces?  Did the unemployment cash benefits protect against poverty and were there plans to cover informal sector workers?   The Committee was concerned about the ongoing challenge of incorporating informal sector workers and vulnerable groups into the social security and social assistance system.  What were priorities there, including in addressing regional exclusion?

Responses by the Delegation

The delegation said the Government had enacted several regulations to improve the situation of part-time workers, including rules to regulate wages, and provide access to health services and medical rehabilitation.  To address youth unemployment, the Government had enacted a presidential regulation on vocational training, as well as a national strategy on vocational training.  The pre-employment card programme provided training for the jobless to improve their employability and entrepreneurial skills.  The programme had had over 17 million recipients, and 80 per cent of recipients had successfully improved their employability.  In 2022, Indonesia had deployed 1,600 labour inspectors. Training was provided for labour inspectors in collaboration with the International Labour Organization.  

Foreign workers in Indonesia were regulated under the law on job creation.  Workers in Indonesia had the right to join and establish trade and labour unions.  Workers could decide to create unions with their own free will.  The right to strike was protected under the law on manpower. The law provided straightforward procedural requirements to carry out a strike, such as submitting written notice at least seven days prior to the planned strike. 

Questions by Committee Experts

SEREE NONTHASOOT, Committee Expert and Taskforce Leader, asked about the State’s position on formalising the high number of people in the informal sector?  How were workers within the platform economy treated?

Another Expert asked about the job creation law; was there data on how this was impacting the formal job sector?  What were the priorities on occupational health and safety at work? 

One Expert asked for steps taken by the Government to ensure that all migrant workers could have access to health care and public health services without discrimination? What legislative measures had been adopted to guarantee timely access by migrants to high quality medical care? What measures had been taken by the State to implement a programme on recruiting from abroad?  Had measures been adopted to prohibit those hiring domestic workers and charging commission?    

Responses by the Delegation

The delegation said the Government would move the capital city from Jakarta to Kalimantan to address the impacts of pollution on Jakarta.  This would create a new epicentre of growth in Kalimantan.  The new capital city had been developed with the consideration of the environment; more than 50 per cent would be maintained as a forest.  This would redistribute economic growth to another island.

The Ministry of Manpower was currently drafting a policy for those drivers who were part of the platform system.  According to law.18, the Government provided protection in all phases of migration.  Between 2014 and 2023, the Government of Indonesia had successfully recovered the financial rights of Indonesian migrant workers, to the total value of around 68 million USD.  More than 53,000 cases had been handled.  During that time, more than 18,000 migrant workers had been successfully evacuated from conflict areas, or during the pandemic.  Many steps were being taken to handle air pollution in the greater Jakarta area.  These steps included conducting tree planting activities, and ensuring compliance by factories, among other measures.  Jakarta planned to install nine additional air monitoring stations in 2024.  The Government would continue to take a long term and sustainable approach to addressing pollution in the greater Jakarta area.

Questions by a Committee Expert