Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 2(1) of the Convention. Scope of application. 1. Self-employment. The Committee previously noted the indication of the International Trade Union Confederation (ITUC) that child labour was widespread in Indonesia and that it mostly took place in informal, unregulated activities, such as street vending and in the agricultural and domestic sectors. The Committee also noted that Act No. 13 of 2003 (Manpower Act) appears to exclude from its application children who are engaged in self-employment or working without a clear wage relationship. The Committee further noted that section 75 of the Manpower Act stipulates that the Government is under an obligation to make efforts to overcome problems concerning children who work outside of an employment relationship, and that these efforts should be specified with a government regulation. In this regard, the Committee noted the Government’s indication that a draft government regulation, aiming to protect self-employed children pursuant to section 75 of the Manpower Act, had been elaborated.

The Committee notes the information in the Government’s report that the draft government regulation regarding children working outside the framework of an employment contract is still under discussion by the technical unit of the Ministry of Manpower. The Government indicates that it continues to identify issues on this subject, and is seeking further input from experts in this regard. The Committee also notes the information in the Indonesia Child Labour Survey Report released on 11 February 2010 (Indonesia Child Labour Survey (2009)) that 12.7 per cent of all working children between the ages of 5–12 are self-employed. The Survey also indicates that unpaid family workers constitute 82.5 per cent of all working children between the ages of 5–12, and 81.5 of all working children aged 13–14. The Committee observes that only 4.8 per cent of working children between the ages of 5–12 (and only 12.1 per cent of children aged 13–14) were working as “employees”, and therefore within the scope of application of the Manpower Act. The Committee therefore expresses its concern that the vast majority of children working under the minimum age do not benefit from the protection of the Manpower Act. Observing that the Manpower Act (obligating the Government, pursuant to section 75, to address the issue of children working outside of an employment relationship) has been in force since 2003, the Committee strongly urges the Government to take the necessary measures to ensure the completion and adoption of a government regulation regarding children working outside of an employment relationship, in the very near future. It requests the Government to provide a copy of this government regulation as soon as it has been adopted.

Domestic work. The Committee previously noted the ITUC’s allegation in its communication of 6 September 2005 that domestic workers as young as 12 years routinely work 14–18 hours a day, seven days a week, without a day off. The ITUC indicated that these girls typically entered domestic work between the ages of 12–15, with some beginning even earlier, despite the established minimum age of 15. The ITUC further stated that it appeared that the Government had failed to take meaningful action to protect domestic workers – who numbered at a minimum 688,000 children – from exploitation and abuse. In this regard, the ITUC indicated that national labour laws exclude domestic workers from the minimum protections afforded to workers in the formal sector and that laws enacted to protect children from labour exploitation did not address child domestic labour. The Committee also noted the Government’s indication that a draft Act for the Protection of Domestic Workers had been formulated, but had yet to be elaborated. The Committee urged the Government to take measures to ensure that children under 15 do not perform domestic work.

The Committee notes the Government’s statement that it has increased its efforts to prevent children under 15 from working as domestic workers. The Government indicates that the Ministry of Women’s Empowerment has created guidelines to prevent children under 15 from engaging in domestic work and that these guidelines have been disseminated to various employers, in collaboration with NGOs. The Government also indicates that it has worked with heads of local government to form a joint commitment to prevent children under 15 from engaging in domestic work. The Committee further notes the Government’s indication that a workshop on withdrawing child domestic workers was organized for labour inspectors in several areas, including Bakasi, Tangerang and South Tangerang. In addition, the Committee notes the information in the Government’s report that the draft Act for the Protection of Domestic Workers shall be discussed in the Indonesian House of Representatives. In this regard, the Committee notes the information in a report entitled “Recognizing domestic work as work”, published by the ILO Country Office in Jakarta in April 2010 (ILO Jakarta report) that this draft Act contains various provisions for the protection of domestic workers. The ILO Jakarta report also indicates that approximately 25 per cent of domestic workers in Indonesia are under the age of 15, but that these children are expected to perform the same amount of work as adult domestic workers. The ILO Jakarta report further indicates that 81 per cent of domestic workers work 11 hours or more a day, and quotes a study where 93 per cent of domestic worker respondents had experienced physical violence at work. The Committee once again expresses its deep concern at the number and situation of children working as domestic workers, and urges the Government to take the necessary measures to ensure that the draft Act for the Protection of Domestic Workers is adopted in the near future. It requests the Government to provide a copy of this legislation, once adopted.

Article 7. Light work. The Committee previously noted that section 69(1) of the Manpower Act allows the employment of children between 13–15 years of age for light work as long as the job does not stunt or disrupt their physical, mental and social development. Section 69(2) of the Manpower Act further provides that entrepreneurs who employ children in light work may not require them to work longer than three hours a day, may only engage children during the day without disturbing their schooling and must meet their occupational safety and health requirements.

The Committee notes the information in Indonesia Child Labour Survey (2009) that approximately 52 per cent of working children aged 13–14 years engaged in work that did not constitute light work. This amounts to approximately 321,200 children of light work age performing non-light work activities. The Committee therefore requests the Government to provide information on any measures, taken or envisaged, to strengthen the enforcement of section 69(2) of the Manpower Act (prescribing the conditions for light work), to ensure that children aged 13–14 are only engaged in light work activities.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that there appeared to be no provisions in the Manpower Act prescribing that a register be kept and made available by the employer. It 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 requested the Government to provide a copy of the relevant forms.

The Committee notes that, pursuant to section 6 of Decision No. Kep‑115/Men/VII/2004, an entrepreneur who employs children for developing their talents and interests must submit the prescribed report form, and notes the copy of the report form submitted with the Government’s report. However, the Committee observes that Decision No. Kep-115/Men/VII/2004 appears to regulate solely the participation of children in artistic activities, such as art shows and television broadcasts, and does not apply to all working children. The Committee also notes the copy of Regulation No. 02/MEN/1981 included in the Government’s report, which provides guidelines for a company report, and the attached company report form. However, the Committee observes that this company report form does not appear to comply with the requirements of an employer’s register as set forth in Article 9(3) of the Convention. While Part 8 of the company report form requires employers to indicate the number of young persons employed, it does not require them to indicate the names or ages of these young workers. Moreover, the Committee notes that Act No. 7 of 1981 (pursuant to which Regulation No. 02/MEN/1981 was promulgated), specifies that this company report form must only be submitted annually, or when an enterprise is established, moved or liquidated. In this regard, the Committee notes that this company report does not appear to be kept by the employer and made available to labour inspectors. Observing that neither the report forms provided for under Decision No. Kep-115/Men/VII/2004 nor under Regulation No. 02/MEN/1981 meet the requirements set forth in Article 9(3) of the Convention, the Committee urges the Government to take the necessary measures to ensure that every employer, regardless of the type of work performed, keeps a register indicating the name and age or date of birth of persons whom he/she employs 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 previously noted the ILO–IPEC project entitled “Enhancing national capacity in child labour data collection, analysis and dissemination through technical assistance to surveys, research and training” which aimed to conduct a nationwide child labour survey and promote more effective national responses to child labourers and at-risk children.

The Committee notes the information in the Indonesia Child Labour Survey (2009) that there are approximately 1.76 million children engaged in prohibited child labour in Indonesia (defined as working children between the ages of 5–12, children aged 13–14 engaged in non-light work activities, and children between 15–18 years engaged in hazardous work). This represents 43.3 per cent of all working persons under 18. Most working children (57 per cent of working children aged 5–17) were employed in agriculture, including forestry, hunting and fishery. The Indonesia Child Labour Survey (2009) further indicates that while most working children still attended school, 20.7 per cent of persons under the age of 18 worked for more than 40 hours a week. The Committee expresses its concern at the high number of children working under the minimum age, and requests the Government to redouble its efforts to ensure that, in practice, children under the minimum age of 15 are not engaged in child labour. It requests the Government to provide information on the impact of the measures taken, in addition to 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. To the extent possible, statistics should be disaggregated by gender.