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Employers' association raises concerns over technicalities, enforcement of workplace violence convention
A representative of an employers' association suggests that ratification of the convention would require thorough consideration and preparation as it could create complications for its members.
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A representative of an employers' association suggests that ratification of the convention would require thorough consideration and preparation as it could create complications for its members. (Shutterstock/designer491)
D
uring a recent discussion on the newly adopted International Labor Organization (ILO) Convention No. 190 on the elimination of violence and harassment in the world of work, a male representative of the Indonesian Employers Association (Apindo) raised a rather common question: What could be considered as violence and harassment?
The convention, which was adopted on June 21, stipulated a clear framework that is expected to address gender-based violence and requires every ratifying state to implement measures to prevent and eradicate violence and harassment, as well as to ensure access to treatment for victims. Indonesia has not ratified the convention.
"If we see it in the cultural context of Indonesia, [we] actually can't accept this convention because it's very tough, especially for business. If the convention is applied at the company level, there should be clear standards, so that [workers] won't turn any small problems into violence and harassment cases," said Gustav Evert Matulessy, manpower division member of APINDO, addressing the question in the discussion held in Jakarta on Thursday.
The convention has defined violence and harassment in the world of work as "a range of unacceptable behaviors and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm, and includes gender-based violence and harassment".
"It has to be clear at the outset that there is a clear expectation for countries who ratify this instrument, and even those who haven't ratified, who have their legal definition to incorporate the [convention's] definition in the national law," ILO senior adviser Tim De Meyer said during the discussion.
The contested definition of violence and harassment was among the reasons behind the House of Representatives' failure to pass the long-awaited sexual violence bill, despite it having been initiated in 2016, with the conservative Prosperous Justice Party (PKS) faction and other factions of the public objecting to the definition and scope of sexual violence, which they deemed to incorporate a liberal perspective that is not in line with the values of Pancasila state ideology, religious norms and Eastern culture.
The bill lists nine types of sexual violence: verbal sexual harassment, sexual exploitation, forced use of contraception, rape, forced marriage, forced abortion, forced prostitution, sexual slavery and torture using sexual abuse. It also aims to ensure victims receive restitution ranging from physical and psychological therapy to pecuniary compensation.
