GROWING WORKER PROTESTS AGAINST CHANGES IN LABOR

UNCLAS SECTION 01 OF 03 JAKARTA 004465 SIPDIS SENSITIVE SIPDIS DEPT FOR EAP/IET AND DRL/IL DEPT OF LABOR FOR ILAB E.O. 12958: N/A TAGS: ELAB ECON EINV PGOV PHUM KJUS ID SUBJECT: GROWING WORKER PROTESTS AGAINST CHANGES IN LABOR LAW REF: A. JAKARTA 1645 - AMBASSADOR DISCUSSES LABOR REFORM ¶B. JAKARTA 3563 - INVESTMENT CLIMATE PACKAGE Summary -------------- ¶1. (SBU) Indonesia experienced its largest labor protest in at least four years, as Indonesian workers took to the streets of Jakarta and other major cities on April 5 to oppose the GOI's plan to amend the basic labor law. The proposed amendments would scale back 2003 concessions to workers and loosen restrictive labor practices imposed on business, commonly cited as major impediments to investment and employment creation. Unions have coordinated a plan for rolling demonstrations through May 1, and have discussed a possible nationwide strike. The Vice President and the Manpower Minister both signaled a tactical retreat from earlier plans to seek passage of the amendments by June. President Yudhoyono quickly stepped in, calling a tripartite meeting for April 7 with unions and employer representatives to find common ground and a way forward. Union leaders deny any political motivation, but the opportunity is ripe for opposition elements to bolster and fuel the demonstrations. Labor sector reform is the weightiest component in Yudhoyono's new investment climate package. Like other significant reform efforts facing Indonesia, success will not come easy. End Summary. Largest Labor Protest in Years -------------- ¶2. (U) Labor demonstrations against the GOI's plans to amend the 2003 Manpower Act reached new levels on April 5, as the All-Indonesia Trade Union Confederation (SPSI) organized large protest actions in Jakarta and other major cities. A senior SPSI leader claimed that 57,000 workers turned out in the capital, while media reports cited 20,000 or more protesters. Even at the lower range estimates, this marked the largest labor protest in the capital since at least 2002. The Jakarta protests focused on the Presidential Palace (Yudhoyono was in Papua) and Vice President's office, forcing a perfunctory meeting with VP Jusuf Kalla. Late in the day, some demonstrators destroyed property along a major Jakarta artery, including at least one bus which they attempted to set on fire. Police detained 16 persons for destruction of property. Traffic in the city center was snarled for hours. �0A; ¶3. (U) News reports cited protesters numbering in the thousands in the major cities of Medan, Surabaya, and Batam. Other cities on Java, including Malang, Semarang, and Bandung experienced smaller demonstrations. Earlier protests in Bandung forced the precautionary closure of 140 out of 600 textile plants, according to the press. The Indonesian Employers Association (APINDO) claimed millions of dollars in business losses as a result of protests that began in late March. Unions Reject Roll Back of 2003 Concessions -------------- ¶4. (U) The three major trade union confederations, which represent some three million members, stand united in their opposition to GOI amendments to the Manpower Act, a major component in the Government's new investment policy package. GOI amendments have focused on creating greater labor market flexibility by rolling back concessions to organized labor in the areas viewed, by regional standards, as either too generous to employees or too restrictive on business. Former Manpower Minister Jacob Nuwa Wea, during the Megawati administration, negotiated the 2003 passage of the Manpower Act over a period of two years while he remained the chairman of the SPSI labor confederation. Proposed changes include: -- Contract Labor: Ending restrictions on types of jobs that may be conducted by contract labor, and extending the maximum length of work contracts from 2 to 5 years. -- Outsourcing: Abolishing restrictions on types of work that may be outsourced. -- Minimum Wages: Removing reference to "minimum physical needs" as a basis for government determination of minimum wages. JAKARTA 00004465 002 OF 003 -- Strikes: Stipulating prosecution (one option) or dismissal without severance pay (another option) for workers participating in illegal strikes. -- Severance/Service Pay: Reduction in number of months of required severance and service pay in case of dismissal. Unions Plan Coordinated Demos through May 1 -------------- ¶5. (SBU) We spoke with senior officials of SPSI and the Indonesian Prosperity Trade Union (SBSI) on April 5-6, along with ILO and NGO representatives, and mid-level officials in the Manpower Ministry. The union officials noted good coordination between the three major labor confederations, which also include the Indonesian Trade Union Congress (KSPI),for continued protest actions, at least through May Day (May 1). To keep the heat on in Jakarta, the confederations have agreed to take turns launching demonstrations, with SBSI next up for protests in the capital on Sunday, April 9. National leaders have told their constituent unions that they are free to mobilize together with other confederations in the provinces. ¶6. (SBU) Both SPSI and SBSI noted discussions of nationwide strikes on either May 1 or May 20 (National Awakening Day) as a last resort if the Administration does not back down on the amendments. VP and Minister Signal Tactical Retreat -------------- ¶7. (SBU) In the face of the large protests in Jakarta, VP Jusuf Kalla and Manpower Minister Erman Soeparno signaled a possible tactical retreat from earlier confident plans to push through the amendments quickly, possibly as early as June. Both Kalla, when receiving 10 leaders of the protest, and the Minister in public comments described the draft as in an early stage, requiring discussions with union and employer representatives before submission to the legislature. They said unions had launched the protests based on a misunderstanding that the GOI had finalized its proposal. On April 6, Manpower officials told us there were, in fact, no draft amendments, only concepts for discussion. Yudhoyono Quickly Steps In -------------- ¶8. (SBU) SPSI and SBSI informed us that President Yudhoyono has called for unions and employer representatives to meet with him at the Palace on April 7 in an attempt to find common ground on the labor amendments. Whereas union officials were undecided about an earlier offer to meet with the Manpower Minister, SPSI and SBSI immediately agreed to a discussion chaired by the President himself. Unions Deny Political Motivations -------------- ¶9. (SBU) Publicly and privately in conversation with us, union leaders have denied their protests have any political motivation or links to party politics, fighting off this knee-jerk assumption in a country with a solid tradition of rent-a-crowds. An SPSI senior leader told us the protests remained "pure" and unrelated to political interests. While unions are clearly opposed to the amendments, staunch Megawati loyalist Jacob Nuwa Wea remains SPSI chairman and other opposition figures, including retired General Wiranto, have links to senior SPSI officials. A labor NGO noted that SPSI has no disposable union funds and bringing out 20,000 or more protesters required financial backing from somewhere, suggesting support from Megawati's Indonesian Democratic Party for Struggle (PDI-P) or other Yudhoyono opponents. In the past, unions themselves -- institutionally weak and poorly financed -- have been unable to sustain national protest actions over any length of time absent external support. Comment -------------- ¶10. (SBU) With the Manpower amendments, Yudhoyono faces the challenge of pushing through a controversial measure that nevertheless constitutes an important component in economic and investment climate reform. Labor market inflexibility is JAKARTA 00004465 003 OF 003 a frequent complaint of the business community here, with Indonesia's practices largely out of step with competing countries in the region. Like the fuel price increases, the issue is ripe for exploitation by Yudhoyono's political opponents who would find it easy to organize and fund rowdy protests that feed off of populist, anti-capitalist sentiments. Unlike fuel prices, however, the labor laws only directly impact one third or less of Indonesia's 100 million plus work force with the remaining two-thirds in the informal sector or unemployed and largely unaffected by formal regulations. Those most concerned, the organized workers belonging to the three major union confederations, constitute only roughly 10 percent of the formal sector employees. ¶11. (SBU) ILO, NGO, and APINDO observers attribute the widening labor protest to mismanagement of the process on the part of the Manpower Ministry and the Administration, which despite understanding of the controversial nature of the proposed changes, failed to initiate a serious dialogue with union leaders or develop a consensus based on long-term economic interests shared by labor and employers alike. The relationship between investment promotion, job creation, and expanded union membership (as opposed to the shrinking union ranks of recent years) might constitute one important point of common ground. In conversations with us, the union officials have complained as bitterly about the lack of government consultation as they have the substance of the amendments. The Administration must now correct this approach, and deny opponents an easy platform from which to cause trouble, in order to keep the key labor reform portion of its investment package on track. Yudhoyono's quick attention to the brewing labor protests is one positive sign. Like other significant reform efforts facing Indonesia, success in changing the country's labor environment will not come easy. PASCOE