PT Trimegah Bangun Persada's dedication to upholding human rights is articulated in its Human Rights Policy. This policy provides a foundation for TBP to address human rights risks by implementing proactive measures to mitigate potential adverse impacts resulting from its operations and business relationships. Among the human rights risks and impacts proactively prevented are forced or compulsory labor, child labor, human trafficking, unfair occupational health and safety practices, discrimination, violence and intimidation, union suppression, unsafe working environments, and sexual harassment.
The TBP’s Human Rights Policy includes a statement about respecting human rights by international human rights instruments including UNGP Principles 12 namely:
The HRDD addresses various human rights issues, but this article specifically centers on labor rights.
The HRDD scope related to labor rights included the following areas:
The International Labor Organization (ILO) outlines 11 indicators that define forced labor (ILO Indicators of Forced Labour, 2012), comprising :
The Human Rights Due Diligence related to forced labor is conducted by assessing the practice within the Company against the above indicators.
The documents review and interviews with employees and contractors’ workers show that there is no forced labor associated with the mine. The commitment to abolishing forced labor is reflected in the Company’s Draft of Human Rights Policy, Group Sustainability Policy, and Internal Memo on Human Rights Policy Commitment. The Company has implemented its commitment through the following measures:
Child labor remains prevalent in the mining industry, particularly in gold, tin, and sand mining operations. Additionally, it persists within the construction sector. Although children might not be directly employed as construction workers, they might engage in ancillary roles, such as cleaning tasks at worker accommodation sites (Bureau of International Labor Affairs, 2022; Hidron, C. and Koepke, R., 2014).
The Company has demonstrated its commitment to the elimination of child labor as reflected in the Company’s Draft of the Human Rights Policy, Group Sustainability Policy, Company Regulations, and SOP Recruitment. The Company sets a minimum age limit of 18 years for recruitment, except for dump truck operators, who must be a minimum of 21 years old.
The Company provides training on policy and procedures related to the abolition of forced labor and abolition of child labor to the employees including employees of contractors.
TBP does not have labor unions, as an alternative, the company has established Lembaga Kerja Sama/LKS (Cooperation Organization) Bipartite. The establishment and function of LKS is also stipulated in the company regulation.
The Company upholds the freedom of association, as outlined in both the Company’s Draft of Human Rights Policy, Group Sustainability Policy and in compliance with the ILO convention ensuring the rights to establish association. The Company allows employees to create an alternative mechanism, known as Lembaga Kerja Sama/LKS (Cooperation Organization) Bipartite, to voice grievances and safeguard their rights.
In addition to findings on the good practices on compliance with human rights principles related to labor, the due diligence identifies salient human rights issues and provides mitigation recommendations, as outlined in the following table.
The HRDD identified the following Salient Human Rights Issues and Mitigation Recommendations:
| Salient Human Rights Issues | Identified Risks and Impact | Recommendation | Identified Area | Objectives |
|---|---|---|---|---|
| Abolition of Forced Labor | Absence of internal regulations governing overtime in one construction contractor. | Use leverage and engage with contractors to ensure their workers’ rights are fulfilled | TBP and other business units | Risks to forced labor and non-compliance to labor regulations in both the company’s operation and supply chain are well mitigated.
|
| Conduct supply chain human rights assessment. | TBP and other business units | |||
| Develop internal regulations governing overtime. | The construction contractor | |||
| Excessive voluntary overtime work of food handling workers on HPAL site operation. | Staffing needs reassessment. |
HPL |
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| Food supply workflow reassessment. | HPL |
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| Pay slips are only provided by request by one construction contractor. | Use leverage and engage with contractors to ensure their workers’ rights are fulfilled. |
TBP and other business units |
||
| Conduct supply chain human rights assessment | TBP and other business units |
|||
| Provide automatic electronic pay slips to the workers. | The construction contractor | |||
| Freedom of Association | Lack of a formal and clear governance body in LKS Bipartite and a lack of awareness of its existence among employees. | Formalize LKS bipartite and conduct awareness raising. | TBP and other business units | All employees are informed, and free to join and participate in the LKS Bipartite. |
Reference
Bureau of International Labor Affairs. (2022). Findings on the Worst Forms of Child Labor—Indonesia.
https://www.dol.gov/agencies/Ilab/resources/reports/child-labor/indonesia.
Hidron, C. and Koepke, R. (2014). Addressing Forced Labor in Artisanal and Small-scale Mining (ASM). Alliance for Responsible Mining.
ILO indicators of Forced Labour. (2012, October 1). ILO indicators of Forced Labour [Brochure].
http://www.ilo.org/global/topics/forced-labour/publications/WCMS_203832/lang--en/index.htm
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