Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 2, paragraph 1, of the Convention. Scope of application. 1. Self-employment. The Committee had previously noted the indication of the International Trade Union Confederation (ITUC), according to which child labour was widespread in Indonesia and most child labour took place in informal, unregulated activities, such as street vending, agricultural and domestic sectors. The Committee had also noted that Act No. 13 of 2003 (Manpower Act) appears to exclude from its application children who are engaged in self-employment or in employment without a clear wage relationship. The Committee notes the Government’s information that three workshops, with representatives from governmental and non-governmental organizations, as well as universities and the police force, were conducted in 2006 and 2007 to discuss appropriate solutions to deal with the situation of children working outside an employment relationship. The Government also indicates that a draft Government regulation on guidance concerning children working outside an employment relationship has been elaborated which aims to protect self-employed children, in accordance with section 75 of the Manpower Act. The Committee expresses the hope that the draft Government regulation on guidance concerning children working outside an employment relationship will be adopted in the very near future. It requests the Government to provide a copy of the draft Government regulation as soon as it has been adopted and to provide information on the progress made in this regard.

2. Domestic work. The Committee had previously noted the ITUC’s allegation in its communication of 6 September 2005 that girls as young as 12 years routinely work 14–18 hours a day, seven days a week, without a day off. It had noted the ITUC’s information that, although Indonesia ratified the Minimum Age Convention, 1973 (No. 138), and national law sets the minimum age for employment at 15 years, girls were found typically entering domestic work between the ages of 12 and 15, and some begin work even earlier. The Committee had also noted that the ITUC had indicated that it appeared that the Government had failed to take meaningful action to protect domestic workers – who number at a minimum 688,000 children – from exploitation and abuse, and that laws enacted to protect children from labour exploitation do not address child domestic labour.

The Committee notes that, according to the final report for the ILO–IPEC project entitled “Prevention and Elimination of Exploitative Child Domestic Work through Education and Training” (March 2004 – February 2006), the Association of Indonesia Domestic Workers Suppliers (APPSI) became involved in the movement to combat child domestic labour and, as a result, the project was able to reach out to the maximum number of potential child domestic workers and existing child domestic workers to protect their rights as children. However, the final report indicates that the Ministry of Manpower of Indonesia needs to be supported to set a legal framework for the protection of domestic workers. In this regard, the Committee notes the Government’s information that a draft Act on Domestic Workers’ Protection has been formulated, but that the elaboration of the final draft will take time because of the social, economic and cultural conditions in Indonesia. The Committee further notes the Government’s information that, in collaboration with non-governmental organizations, it has been making efforts to protect domestic workers, including emphasizing to APPSI the need to undertake to not supply children under 15 years of age for domestic work. The Committee once again expresses its deep concern at the situation of children under the age of 15 who work as domestic workers. It urges the Government to redouble its efforts to improve the situation and to ensure that children under 15 do not perform domestic work. It requests the Government to take all the necessary measures to ensure that the draft Act on Domestic Workers’ Protection is adopted in the very near future, so that child domestic workers benefit from the protection of the Convention. It also asks the Government to provide information in its next report on progress made in this regard.

Article 7. Light work. The Committee had previously noted the Government’s statement that ongoing discussions were being held regarding the criteria for the types of light work activities that may be performed by children aged between 13 and 15 years. It notes the Government’s information that activities which may be performed by children between 13 and 15 years of age are regulated by section 71 of the Manpower Act and by Ministerial Decree No. Kep 115/MEN/VII/2004, which establish the conditions under which children may be employed for developing talents and interests. The Committee observes that section 15 of the Ministerial Decree establishes some conditions for the employment of children under 15 years of age: obligation of a written agreement; assignment to be undertaken outside school hours; maximum working period of three hours a day and 12 hours a week; and respect of occupational safety and health regulations. However, the Committee also observes that no minimum age is set for children employed for developing talents and interests. If the Government intends to define light work activities as being activities for developing talents and interests, the Committee must remind the Government that, according to Article 7, paragraph 1, of the Convention, national laws or regulations may permit persons from 13 to 15 years of age to undertake light work. The Committee therefore requests the Government to take measures to ensure that only children aged at least 13 years are allowed to work or be employed for light work activities, including activities for developing talents and interests. It asks the Government to provide information on developments in this regard.

Article 9, paragraph 3. Keeping of registers. In its previous comments, the Committee had noted that there is no provision in the Manpower Act, or in any other available legislation, prescribing that a register be kept and made available by the employer. It had noted the Government’s information that the labour inspectorate ensures that employers keep registers of children employed for developing their talents and interests. The Committee further notes that, while the Government indicates that it has attached a copy of the register form to its report, no such form was in fact sent to the Office. Noting the lack of information in the Government’s report on this point, the Committee once again requests the Government to indicate whether – apart from the case of employers who employ children for developing their talents and interests – registers are kept by employers containing the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. If so, the Committee once again requests the Government to provide a copy of the register form. If not, it urges the Government to take the necessary measures to ensure that every employer, regardless of the number of the persons he/she employs and of the type of work, keeps a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in the very near future.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the ILO–IPEC project entitled “Enhancing national capacity in child labour data collection, analysis and dissemination through technical assistance to surveys, research and training”, due to be completed on 30 September 2010, reliable national-level information on children in the age group of 5 to 17 years engaged in economic activities does not exist in Indonesia. It notes that the project aims to conduct a nationwide child labour survey as an add-on to a regular nationwide survey implemented by the national statistical office, BPS-Statistics Indonesia. The project will promote more effective national responses to child labourers and at-risk children by building national capacity in the collection and use of data upon which these responses are based. The Committee requests the Government to provide statistical data on the employment of children and young persons once it is available. It also requests the Government to provide information on the manner in which the Convention is applied, including extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.