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Indonesia: A protester demanding her labour rights suffered a miscarriage due to police violence
Asian Human Rights Commission Urgent Appeal - October 21, 2011 (see sample letter below)
Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Iis Suparti suffered a miscarriage while taking part in a strike and peaceful protest on 6 May 2011 in the front of the PT Micro Garment factory. Employees of the factory were protesting against the violation of their labour rights. The Solokan Jeruk sector police tried to disband the peaceful protest with violence, resulting in Mrs. Suparti's miscarriage.
Case narrative:
PT Micro Garment, a company located in Solokan Jeruk, Bandung, West Java has frequently faced allegations of labour rights violations since its founding in 2004. Reported violations include payments below the minimum wage as well as the violation of working hours, social security responsibilities, allowances and compensation as stipulated in Indonesian labour law, and the freedom of association. PT Micro Garment is represented by Liz Chen, the director. (photo: Iis Suparti after she fell, source: courtesy of TheArdiansyah83)
The protest on 6 May 2011 by 149 employees was merely the latest of several protests and negotiations attempted by the factory employees to secure their rights. The strike and protest of that day was in accordance with law no. 13 of 2003 concerning manpower. Despite the legal and peaceful nature of the protest however, the chief of Solokan Jeruk sector police, Umar Said, grabbed the megaphone from Tri Rubiati Sanik, the Executive Chairman of Joint Center Solidarity of Workers Struggle (Pusat Gabungan Solidariats Perjuangan Buruh- GSPB-, the labour union), and threatened to arrest Sanik. In response, some of the protesting employees attempted to prevent such an act. Mr. Said then elbowed Iis Suparti, while one community guidance police (bimaspol) officer called Ayi, pushed her, causing her to fall. Mrs. Suparti, who was pregnant, was taken to the nearest hospital, where she suffered a miscarriage. The violence against Mrs. Suparti can be seen on this video.
The protests by factory employees began after early August 2010, when PT Micro Garment and its employees took part in three bipartite discussions regarding complaints from its workers. Finally, on 12 August 2010, the management promised to pay full wages and overtime fees in accordance with labour laws, which has yet to occur however.
In December 2010, the employees' representative submitted the case to the Bandung manpower agency for mediation. The result of the mediation was the agreement that the company would pay wages in accordance with minimum wage regulations starting from 23 December 2010 and would pay the required public insurances starting from January 2011. However, the company refrained from doing this, and instead began terminating the employment of many workers.
On December 27, the management of PT. Micro Garment called the police to guard the factory area. Uniformed police officers guarded the front of the factory, while plain-clothed officers guarded the inside. According to the police, they were guarding the factory due to a robbery complaint made by the management.
On the same day, Nanang Ibrahim, the head of the labour union and a factory employee, was charged with forgery, for using eight copies of testimonial letters of the neighbourhood head (Ketua RT) to prove he was sick, as permission to be absent from work while he was working at the factory. According to Mr. Ibrahim however, the letter given by the neighborhood head was blank, and such use of a blank letter is common conduct at the factory. There has been no recent further examination of this case, but the possibility of criminal action against Mr. Ibrahim remains.
On 4 February 2011, the factory sued Mr. Ibrahim at the Bandung Industrial Court, demanding compensation amounting to Rp 371,700,000 (around 40.887 USD) in material damages and Rp 15,000,000.000 (around 1.650.000 USD) in immaterial damages, and that Nanang be sacked without severance pay. Based on the verdict of the court in August 2011, Mr Ibrahim was terminated, yet PT. Micro Garment was ordered to pay his severance pay in accordance with the manpower law. In response, PT. Micro Garment appealed to the supreme court.
Moreover, the head of the village, Jajang, offered some money to the employees and requested them to resign from the company. Since the employees did not see any good faith from the management of the company to fulfil their rights, they decided to strike on 6 May 2011. According to Mr. Ibrahim, all strikes and protests conducted by the employees have fulfilled all legal requirements. However, on July 2011, the factory sued 177 employees at the Bandung industrial court for taking part in illegal strikes on 16-17 December 2010, 8 March and 6 May 2011, and demanded their termination without severance pay.
Since May 23, the Micro Garment's employees have conducted further peaceful protests asking the government to ensure redress against the violence towards Mrs. Suparti, as well as to ensure their labour rights. Until now however, there is no response.
Suggested action:
Please write letters to the authorities listed below asking them to intervene in this case immediately. The police officers should be held accountable for their violent actions, and PT Micro Garment should be held accountable for violating labour rights.
Please be informed that the AHRC is sending letters on this case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on violence against women, its causes and consequences, calling for their strong intervention into the case.
To support this appeal, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-216-2011
Dear ___________,
Indonesia: A protester demanding her labour rights suffered a miscarriage due to police violence
I have learnt that PT Micro Garment has frequently faced allegations of labour rights violations since its founding in 2004. Reported violations include payments below the minimum wage as well as the violation of working hours, social security responsibilities, allowances and compensation as stipulated in Indonesian labour law, and the freedom of association. PT Micro Garment is represented by Liz Chen, the director.
The protest on 6 May 2011 by 149 employees including Iis Suparti, was merely the latest of several protests and negotiations attempted by the factory employees to secure their rights. The strike and protest of that day was in accordance with law no. 13 of 2003 concerning manpower. Despite the legal and peaceful nature of the protest however, I am disturbed that the chief of Solokan Jeruk sector police, Umar Said, grabbed the megaphone from Tri Rubiati Sanik, the Executive Chairman of Joint Center Solidarity of Workers Struggle (Pusat Gabungan Solidariats Perjuangan Buruh- GSPB-, the labour union), and threatened to arrest Sanik. In response, some of the protesting employees attempted to prevent such an act. Mr. Said then elbowed Iis Suparti, while one community guidance police (bimaspol) officer called Ayi, pushed her, causing her to fall. Mrs. Suparti, who was pregnant, was taken to the nearest hospital, where she suffered a miscarriage. The violence against Mrs. Suparti can be seen on this video.
It has come to my attention that after talks between the factory management and employees, on 12 August 2010 the management promised to pay full wages and overtime fees in accordance with labour laws, which has yet to occur however.
In December 2010, the employees' representative submitted the case to the Bandung manpower agency for mediation. The result of the mediation was the agreement that the company would pay wages in accordance with minimum wage regulations starting from 23 December 2010 and would pay the required public insurances starting from January 2011. I am shocked to learn that not only did the company refrain from doing this, but it also began terminating the employment of many workers.
Furthermore, I have learnt that Micro Garment also began initiating legal action against some employees. On December 27 for instance, Nanang Ibrahim, the head of the labour union and a factory employee, was charged with forgery, for using eight copies of testimonial letters of the neighbourhood head (Ketua RT) to prove he was sick, as permission to be absent from work while he was working at the factory. According to Mr. Ibrahim however, the letter given by the neighborhood head was blank, and such use of a blank letter is common conduct at the factory. Although there has been no recent further examination of this case, the possibility of criminal action against Mr. Ibrahim remains.
On 4 February 2011, the factory sued Mr. Ibrahim at the Bandung Industrial Court, demanding compensation amounting to Rp 371,700,000 (around 40.887 USD) in material damages and Rp 15,000,000.000 (around 1.650.000 USD) in immaterial damages, and that Nanang be sacked without severance pay. Based on the verdict of the court in August 2011, Mr Ibrahim was terminated, yet PT. Micro Garment was ordered to pay his severance pay in accordance with the manpower law. In response, PT. Micro Garment appealed to the supreme court.
I have also learnt that the head of their village, Jajang, offered some money to the employees and requested them to resign from the company. Since the employees did not see any good faith from the management of the company to fulfil their rights, they decided to strike on 6 May 2011. According to Mr. Ibrahim, all strikes and protests conducted by the employees have fulfilled all legal requirements. However, on July 2011, the factory sued 177 employees at the Bandung industrial court for taking part in illegal strikes on 16-17 December 2010, 8 March and 6 May 2011, and demanded their termination without severance pay.
Since May 23, the Micro Garment's employees have conducted further peaceful protests asking the government to ensure redress against the violence towards Mrs. Suparti, as well as to ensure their labour rights. It is gravely disappointing that until now however, there is no response.
So far, I am not aware of any investigation conducted into the police behaviour towards Mrs. Suparti, or into the allegations of labour violations by Micro Garment. I urge you to look into all the allegations in this case and to take appropriate action against those found responsible. Appropriate action should also be taken against the authorities who--as far as I am aware--have continued to ignore the victims' plight and demands.
Yours sincerely,
Please send your letters to:
1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777/3503088.
Fax: +62 21 3442223
2. Mr. Muhaimin Iskandar
Minister of Indonesian Manpower
Jalan Gatot Subroto Kav.
51
Central Jakarta
INDONESIA
Tel: +62 21 5275249
Fax: +62 21 5275249
Email: muhaimin.iskandar@nakertrans.go.id
3. Head of National Commission
on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id
4. Chairman of the National
Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20
Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317
5. General of Police Timur
Pradopo
Chief of Indonesian National
Police
Markas Besar Kepolisian
Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
INDONESIA
Tel: +62 21 3848537/7260306/7218010
Fax: +62 21 7220669
Email: info@polri.go.id
6. Head of Division of Profession
and Security of Indonesian Police
Markas Besar Kepolisian
Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537/7260306/7218010
Fax: +62 21 7220669
Email: info@polri.go.id
7. Head of National Commission
on Violence Against Women
Jl Latuharhary 4B, Jakarta
10310
INDONESIA
Tel: +62 21 3903963
Fax: +62 21 3903922
8. Department of Manpower
and Transmigration – Directorate General for Establishment and Controlling
Manpower and transmigration (Departemen Tenaga Kerja dan Transmigrasi –
Direktorat Jenderal Pembinaan dan Pengawasan Ketenagakerjaan)
Jl. Jend. Gatot Subroto
Kav. 51,Jakarta Selatan
INDONESIA
Tel: +62 21 5275249
Fax: +62 21 5275249
9. Ms. Liz CHEN
The Director of PT. Micro
Garment
Kawasan Industri KAHA Group
Jl. Raya Rancaekek – Majalaya
No. 389, Solokan Jeruk
Kabupaten Bandung
INDONESIA
Tel.: +62 22 5950531/5950532/5950535
Fax: +62 22 5950535/59505537
Email: admin@microgarment.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrc.asia)
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