Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Minimum Age Convention, 1973 (No. 138) - Indonesia (Ratification: 1999)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had noted the communication of the International Confederation of Free trade Unions (ICFTU) dated 25 June 2003, containing comments on the application of the Convention by Indonesia. The ICFTU alleged that child labour is widespread in Indonesia and that most child labour takes place in informal unregulated activities, such as street vending, agricultural and domestic sectors. According to the ICFTU, however, child labour is pervasive also in formal activities, such as construction, factory employment, mining and fishing. In reply to the comments made by the ICFTU, the Government indicated that for developing countries like Indonesia, eliminating or reducing child labour is not an easy task since the problem of working children is closely related to other issues such as poverty, cultural aspects and community awareness.

In its previous observation, the Committee had noted the various efforts undertaken by the Government in order to eliminate or at least reduce child labour, in particular those made in collaboration with ILO/IPEC. It had invited the Government to increase its efforts in this regard in order to make substantial progress and to provide precise information on the measures taken to combat child labour in practice.

The Committee observes that the Government in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), indicates that an Indonesian Tripartite Action Plan for Decent Work was adopted on 29 October 2002 at the Tripartite Consultative Group Meeting at the ILO, Jakarta Office. This action plan focuses on providing a strategic framework for the Government, the organizations of employers and workers, together with the ILO, to work in partnership towards the goal of decent work in Indonesia. Particular issues in pursuing decent work objectives include the elimination of child labour, including its worst forms, the reduction of poverty, the creation of employment opportunities, and collecting data on the situation of workers in the country. The plan provides for the launching of awareness campaigns on child labour, as well as for specific programmes to be established concerning child domestic workers, child labour in hazardous occupations such as mining, fishing and agriculture. Further actions include advisory support on labour law reforms.

Furthermore, the Committee notes, with interest, the National Action Plan to prevent and eliminate the worst forms of child labour, which was launched in 2003, with the support of ILO/IPEC. This National Action Plan calls for a National Action programme to be developed in order to achieve the objectives of the National Action Plan. This national action programme is the Time-Bound Programme (TBP) framework in Indonesia, which is supported by the ILO/IPEC and will run from 2003 to 2007. The ILO/IPEC support to the National Action Plan will consist of a two-part strategy. The first part will focus on promoting change in policy concerning child labour. The second part will involve targeted interventions in five sectors identified by the National Action Plan as priority areas for the elimination of child labour. The Committee notes that a total of 26,350 children will be prevented from being engaged in child labour, and 5,100 children will be withdrawn from work. In addition some 7,500 families will benefit from socio-economic opportunities provided by the project, as will many communities in the area. The Committee further notes that a special project within the National Action Plan targeting children working on fishing platforms is under way. This project aims at reducing the number of children less than 18 years of age working on fishing platforms from 7,000 to 1,000 in five years’ time.

In addition, the Committee notes the Government’s indication that it has taken a number of measures to prevent the engagement of children in child labour. These include: (a) an ILO programme, which was launched in 2002, to identify effective ways of addressing child domestic workers who are often exploited; (b) an ILO/IPEC project, launched in 1999, which is aimed at preventing children from engaging in hazardous work in the footwear industry; and (c) an ILO/IPEC programme, launched in 2003, that aims at preventing children from working in mines. The latter project aims at ensuring that children below the age of 15 years remain in school instead of working in mines, and the project will therefore also support actions aimed at increasing the number of schools and teachers. As alternative income for parents also appears to be essential to keep children out of mines, the project will explore other feasible income-generating activities such as agriculture and farming.

Finally, the Committee notes that the Government, in collaboration with ILO/IPEC, has promoted direct assistance for the removal of children from child labour. The Committee observes that, since 1999, ILO/IPEC has been implementing a project aimed at eliminating child labour in footwear workshops. At the end of the project in July 2004, almost all child labourers in this sector will be withdrawn.

The Committee notes the Government’s statement to the Committee on the Rights of the Child (CRC/C/65/Add.23, additional report, 2 January 2004, pages 113-114) that Indonesia counts 60,000 to 70,000 street children. The Government also states that it has adopted a social safety net programme for street children, which includes shelters, education, vocational skills training and entrepreneurship. The Government also introduced, in 2004, a free street children programme in Bandung Raya (West Java), where it is expected that with the provision of shelters, street children will reduce their time spent on the street.

The Committee proposes to examine more specifically the implementation of all the above-mentioned projects as well as results achieved, under the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee is also addressing a direct request to the Government concerning other points.