Trade Union Rights Centre, Jakarta, Indonesia
In early 2002 the Australian Committee of ICTUR began assisting a small group of labour activists in Indonesia consisting of qualified lawyers, in their efforts to bring about a new centre for the provision of legal advice and labour expertise in Jakarta. The lawyers concerned all have substantial experience of advising trade unions on legal and organising issues gained during their years at the labour desk of one of Indonesia’s oldest human rights organisations, LBH. This group approached the Committee with a proposal to establish an independent NGO office to provide support services, expertise and legal advice to Indonesian trade unions. To discuss this idea they held a consultative meeting with trade unionists and NGO’s in Jakarta in November 2002. This was followed by a planning workshop in July 2003, which was financed by the Australian Committee of ICTUR. The results of these consultations were positive and the aims and priorities of the Centre were discussed collectively.

In 2007 TURC Indonesia has developed into a vibrant and effective independent legal NGO carrying out a programme of work covering legal advice, research, education, networking and projects. TURC Indonesia has in recent years generated its own funding through direct contact with international donors. It remains close to ICTUR and provided the inspiration for ICTUR to develop the wider TURC network.

Trade unions in context: Indonesia
Indonesia has a population of 234 million, and a working population of close to 100 million. It has the potential to become one of the most important and dynamic union movements in South East Asia.

The trade union situation in Indonesia is both fluid and fragile, as is the general political situation. On the trade union front, Indonesia has moved from having one trade union organisation under the control of the State, to having a confusing number of different unions, federations and confederations. Since 2001 the number of federations has grown from 53 to over 80 in 2006. This rapid growth of unions is happening against the political background of uncertain steps towards the development of a democratic State and civil society.

Despite these difficulties unions have made gains for their members across the bargaining table. In manufacturing and textiles they are now facing a race to the bottom with companies threatening to move out of, and in some cases moving out of, Indonesia to China, where labour is both cheaper and unorganised. Unions often find themselves unfairly blamed for the flight of capital, because of the modest improvements they have achieved in wages and conditions.

The Law and Unions
Central to the question of union development in Indonesia are changes to industrial law. During the period of reformasi, which followed the end of the Suharto Regime, Indonesia became the first South Asian country to ratify all ILO core conventions. In doing so it committed itself to changing the law to comply with these Conventions. The approach taken has been to focus on three laws:

• The Workers Union/ Labour Act (No. 21 of 2000)

• The Manpower Act (No. 13 of 2003)

• The Industrial Dispute Settlement Act (No. 2 of 2004)

In addition to pressure from the ILO and the international trade union community, pressure has also come from the International Monetary Fund to produce laws that ensure Indonesia has a flexible labour force to meet the needs of foreign investment. The IMF has also argued that the State should remove itself from intervention in industrial relations.

There are many problems with these recently passed labour laws and there is the need for unions to critically examine this legislation and demand changes, where the new legislation works against the growth of strong independent unions. There is particular concern over the creation of an industrial court to deal with disputes. This concern is based on the level of corruption that still exists within the judicial system in Indonesia.

The infamous case of the Shangri-la hotel workers demonstrates that whatever the law of the land, enforcement of labour law is still problematic in Indonesia. In firing a senior shop steward in the middle of negotiations and locking out workers who protested by using the police, the hotel management was clearly acting against existing Indonesian industrial law. The subsequent development of the workers then being fined 2 million Rupiah for loss of business, threatened the whole union movement. The dispute was eventually settled with the workers receiving compensation, but not being reinstated. The dispute was resolved by a mixture of legal pressure and local and international campaigning, in which the IUF, the LHMU in Australia and the labour rights section of LBH were all involved.

Establishing the TURC
In 2004 TURC become a reality as a registered organisation and opened up offices in Central Jakarta. Surya Tjandra was appointed as the Director of the Centre and is supported by a group of experienced labour lawyers. As a result of an appeal made by ICTUR to the Executive of the Australian Council of Trade Unions, five Australian unions agreed to support the work of the Centre. Since that time TURC has developed into a strong independent organisation, actively seeking and securing support for project activities from other international agencies for its project activities. TURC also secured support from the German DGB Bildungswerk to implement a project of legal protection for trade unionists in Indonesia.

The Centre offers its services to all genuine independent unions who seek their assistance. There is a need to provide immediate support and advice to unions engaged in union rights struggles. There is also a need to provide the union movement with analysis and research on legal and organisational issues at a time of political, social and economic change. TURC is helping to meet these needs and is making a real contribution to the development of strong independent unions able to fight for union rights

This is the TURC
TURC is a labour service organisation focusing on the empowerment of Indonesian labour unions. TURC’s aim is to support the country’s recently independent union movement. TURC is designed and developed to be a resource centre on labour matters, besides, based on some unions’ proposal, it also plays its role as an advocacy centre, especially for cases regarding violation of freedom of associations.

TURC is structured as an “association” (perkumpulan) supervised by a board of trustees of 11 people, i.e., four founding members, four trade unionists, and three independent individuals each are from academics, women activist and journalist. TURC daily activities are run by an Executive Committee consisted of an Executive Director and some Programme Coordinators.

Contact ICTUR:

Subscriptions to International Union Rights journal (one year - four issues): UK£20 / €30 / US$40
Cheques should be made payable to 'IUR’ and sent to:

International Office:
UCATT House, 177 Abbeville Road, London SW4 9RL
Tel: +44 (0) 20 7498 4700 Fax: +44 (0) 20 7498 0611
Email: ictur@ictur.org
Web Site: www.ictur.org