Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Indonesia (Ratification: 2000)

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. National Action Plan on the Elimination of the Worst Forms of Child Labour 2002–22 (NAP on WFCL). In response to its previous comments, the Committee notes the Government’s information that as a result of the implementation of the Child Labour Reduction Programme in support of the Family Hope programme developed within the framework of the NAP on WFCL, in 2019, 11,252 boys and 6,748 girls and in 2020, 4,078 boys and 4,922 girls were withdrawn from child labour, including its worst forms. The Committee requests the Government to provide information on any measures taken or envisaged to develop or renew the NAP on WFCL or any other programme for eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In response to its previous comments concerning the measures taken to improve access to education of all children, the Committee notes the Government’s information on the several efforts made to implement the Government Regulation No. 2 of 2018 concerning Minimum Service Standards, which require all school-aged children (aged 4-18) to be educated in both formal and non-formal education units. To this effect, the Government has: (i) introduced the Smart Indonesia Program to prevent students from dropping out of school, especially for children from underprivileged families; (ii) provided non-formal education as an alternative to school-aged children who cannot attend formal education; (iii) developed a National Strategy for Handling Out-of-School Children with the aim of ensuring the continuity of education for child workers and prevent child workers from dropping out of school; (iv) developed an Education/Community-Based Development Information System (SIPBM) for identifying out-of-school children; and (v) established and equally distributed the education units and educational unit infrastructure, especially in the frontier, outermost and disadvantaged regions and areas (3T areas) with high dropout rates. Moreover, the Ministry of Social Affairs has implemented the Social Rehabilitation Assistance Program (ATENSI), which includes access to education, for children from poor families and vulnerable groups. The Committee also notes from the Government’s Combined 5th and 6th periodic report to the Committee on the Rights of the Child, 2021, the various measures adopted by the Government to improve the quality of education and the provision of facilities for pregnant girls to attend school. Nevertheless, this report indicates that for the 2019/2020 academic year, the number of school-age children who did not attend school or dropped out of school was still high with 59,443 children at the lower secondary level; 38,646 children at the upper secondary level and 26,864 at the high school level. The Government also indicates that access to education in 3T areas is still a challenge (paragraphs 239 to 251). While noting the measures taken by the Government the Committee strongly encourages the Government to continue its efforts to facilitate access to free basic education for all children, particularly children from poor families and vulnerable groups and children from 3T areas. The Committee requests the Government to continue to provide information on the measures taken in this regard, and to provide statistical information on the results obtained, particularly with regard to reducing the number of out-of-school children and increasing the school enrolment and completion rates at primary and secondary level.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assisting the removal of children from these worst forms. Trafficking. Following its previous comments, the Committee notes the Government’s information that the Ministry of Social Affairs has implemented social assistance programmes in 31 centres at the district level in Indonesia which include entrepreneurship development and has assisted 31 child victims of trafficking up to July 2021. The Government also indicates that from 2015 to 2019, 41 child victims of trafficking were provided with social rehabilitation services through the Trauma Center Safe Houses (RPTC). The Government also refers to the active role played by the Community-Based Integrated Child Protection Movement that works in a coordinated manner to achieve the goal of child protection at the community level. The Committee further notes from the Government’s report to the United Nations Human Rights Council, 2022 that the Integrated Women and Children Empowerment Service Centres spread across 34 provinces and 436 municipalities in Indonesia is tasked with providing protection services for women and child victims of trafficking, including legal assistance, psychological counselling, and rehabilitation services (A/HRC/WG.6/41/IDN/1, paragraph 140). The Committee requests the Government to continue its efforts to prevent and withdraw children from trafficking and to provide for their rehabilitation and social integration. It also requests the Government to provide information on the number of child victims of trafficking who have been identified, removed, and rehabilitated by the Community-based Integrated Child Protection Movement, RPTC and the Integrated Women and Children Empowerment Social Centres.

Clause (d). Identifying and reaching out to children at special risk. 1. Migrant children. Following its previous comments, the Committee notes the Government’s reference to Law No. 18 of 2017, Presidential Regulation No. 90 of 2019 and Government Regulation No. 59 of 2021, which protect the interests of migrant workers and their families in realizing their rights. Accordingly, children of migrant workers are entitled to legal, economic and social protection, vocational scholarships and social rehabilitation assistance. Recalling that migrant children are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue to take effective and time-bound measures to protect these children from the worst forms of child labour. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved.

2. Children on fishing platforms. The Committee previously noted that Indonesia is one of the primary implementing countries of the SEA Fisheries project that aims to combat trafficking and labour exploitation in fisheries, by strengthening coordination and increasing the efficiency and efficacy of existing initiatives at national and regional levels.

With regard to the measures taken to prevent and withdraw children from hazardous work in fisheries, the Government indicates that the Ministry of Manpower in collaboration with the ILO through the SEA Fisheries project has compiled a guidebook related to labour inspection in the fisheries sector. The Committee requests the Government to provide information on the impact of the guidelines on labour inspection in the fisheries sector in eliminating hazardous work of children in the fishing industry. It also requests the Government to provide information on the number of children identified and removed from hazardous work in the fishing industry and rehabilitated.