Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Indonésie (Ratification: 2000)

The Committee notes the ICFTU’s communication dated 6 September 2005. The Committee also notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee observes that an Indonesian Tripartite Action Plan for Decent Work was adopted on 29 October 2002 at the Tripartite Consultative Group Meeting at the International Labour Organization, Jakarta Office. This action plan focuses on providing a strategic framework for the Government of Indonesia, 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 the worst forms of child labour, the reduction of poverty, the creation of employment opportunities, and collecting data on the situation of workers in the country. In order to eliminate the worst forms of child labour, the plan provides for the launching of awareness campaigns on child labour as well as for specific programmes to be established concerning child trafficking, child prostitution, child domestic workers, the use of children for drug trafficking, and child labour in hazardous occupations such as mining, fishing and agriculture. Further actions include advisory support on labour law reforms. The Committee requests the Government to provide information on the concrete measures taken to implement the Tripartite Action Plan for Decent Work, as well as their impact on reducing or eliminating the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Slavery and forced or compulsory labour. The Committee observes that, by virtue of section 74(1) of the Act concerning manpower (No. 13 of 2003), it is prohibited to employ children (i.e. a person under 18 years of age according to section 1(26)) in all forms of slavery or practices similar to slavery. It also notes that section 20 of Law No. 39 of 1999 on Human Rights states that no one may be made a slave, and that the trading in slaves is prohibited. Section 324 of the Criminal Code also provides that anyone who trades in slaves commits an offence. It notes that labour exploitation of a child aged less than 18 years is an offence (sections 1(1) and 88 of Law No. 23/2002 on Child Protection). The Committee accordingly requests the Government to define the term “labour exploitation” and to provide a copy of the Criminal Code.

2. Compulsory recruitment of children for use in armed conflict. The Committee observes that, under section 63 of Law No. 23/2002 on Child Protection, it is prohibited to recruit or use a child under 18 years of age for military purposes. It also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.23, 7 July 2003, paragraphs 439 and 440) that armed conflict has been ongoing in the Democratic Republic of Timor-Leste and Aceh. The Government also indicates that ethnic conflict arose in West Kalimantan, Central Sulawesi and Maluku. The Government estimates that hundreds of children have suffered or even died as a result of these armed and ethnic conflicts. The Committee asks the Government to provide information on the application in practice of the abovementioned provision, especially with regard to children involved in internal conflict in Aceh, Central Sulawesi, West Kalimantan and Maluku.

Article 3(d), and Article 4, paragraph 1. 1. Hazardous work. The Committee observes that children under 18 must not be employed on any work that is harmful to their health, safety or morals (section 74(2)(d) of the Act concerning manpower). It also notes that the minimum age to work as a member of a ship crew is 18 (section 17 of the Government Regulation on Seamanship (No. 7/2000)). It further observes that the types of hazardous work must be determined by a government regulation (section 75(2) of the Act concerning manpower). The Committee notes that Act No. 1/2000 provides for a list of 13 types of hazardous work that children shall not perform. The Committee also notes the Government’s indication that the Ministerial Decree No. 235/Men/2003 concerns the types of work that are likely to harm the health, safety or morals of children. The Committee accordingly requests the Government to provide a copy of the Ministerial Decree No. 235/Men/2003 which determines the types of work that are likely to harm the health, safety, or morals of children under 18 years of age.

2. Self-employed workers. The Committee notes that, by virtue of section 74(2)(d) of the Act concerning manpower, children under 18 shall not be employed in any work which is harmful to their health, safety or morals. However, the Committee observes that, by virtue of section 1(3) of the Act concerning manpower, the scope of application of this Act is limited to persons who work for a wage or for another kind of remuneration. It also notes that, by virtue of section 75(1) of the Act concerning manpower, the Government is under an obligation to make efforts to overcome problems concerning children working outside an employment relationship. The abovementioned efforts shall be determined and specified in a government regulation. The Committee further notes that according to the Indonesia Tripartite Action Plan for Decent Work 2002-05, in 2000, 20 per cent of all workers were classified as unpaid workers, 22 per cent as self-employed, and only 33 per cent of all workers were employees. The Committee also notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.23, 7 July 2003, additional report, pages 100‑101, hereinafter referred to as CRC report) that, according to the Central Statistics Bureau, in 2001, approximately 11 per cent of children aged 5 to 14 were self-employed, 64 per cent were working in home industries, 23 per cent worked for an employer and got paid, and 4 per cent worked for an employer without being paid. The Committee accordingly requests the Government to provide information on the progress made towards the adoption of a government regulation that would protect self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It also asks the Government to provide a copy of the regulation as soon as it is adopted.

Paragraph 2. Identification of hazardous work. The Committee observes that the Government states, in its report to the Committee on the Rights of the Child (CRC report, page 88), that the Central Statistics Bureau recorded that 6,686,936 children were in need of special protection in 2002. According to section 59 of the Law on Child Protection (No. 23/2002), the following children are in need of special protection: victims of trafficking, victims of sexual or labour exploitation, children involved in armed conflict and children used for drug trafficking. The Committee reminds the Government that, according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee accordingly requests the Government to provide further information on the location and types of work undertaken by the 6,686,936 children requiring special attention. It also asks the Government to provide a copy of the data established by the Central Statistics Bureau on children involved in the worst forms of child labour.

The Committee notes the Government’s indication that studies have been conducted by the Ministry of Manpower on work performed by children in palm oil plantations in order to determine the types of work that are harmful to their health, safety and morals. The Committee accordingly requests the Government to provide information on the findings of the abovementioned studies.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes that labour inspectors are responsible for the implementation of labour laws and regulations (section 176 of the Act concerning manpower). Labour inspectors can be granted special authorization to act as civil servants. Hence, they have the authority to investigate individuals suspected of having committed a labour crime, to confiscate items found, to examine documents connected with labour crimes and to request the assistance of experts. The Committee observes however that, according to the ILO/IPEC project launched in 2004 and entitled “Support to the Indonesian National Plan of Action and the Development of the Time-Bound Programme for the Elimination of the Worst Forms of Child Labour” (page 17) (hereinafter referred to as TBP report), the involvement of labour inspectors in child labour issues is limited at present. Inspectors work with inadequate human and financial resources. As they cannot inspect all workplaces, they give priority to larger enterprises and consequently leave out the unregulated informal sector where most child labourers are found. The Committee requests the Government to provide information on the measures taken or envisaged to provide labour inspectors with adequate human and financial resources in order to monitor the effective implementation of the national provisions giving effect to the Convention. It also asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings.

The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC report, page 111) that law enforcement officials need to be sensitized to the National Plan of Action on the Elimination of the Commercial Sexual Exploitation of Children. The Committee accordingly requests the Government to provide information on the progress made to ensure that law enforcement officials are made aware of the National Plan of Action developed to eliminate the commercial sexual exploitation of children.

2. National Narcotics Board. The Committee notes that a National Narcotics Board was established by Presidential Decision No. 17/2002 dated 22 March 2002. The Board consists of 25 governmental agencies and aims at coordinating national agencies in policy formulation and implementation. A second objective is to prevent and combat drug abuse and the illicit trafficking of drugs. The Committee requests the Government to provide a copy of Presidential Decision No. 17/2002 dated 22 March 2002. It also asks the Government to provide information on the concrete measures taken by the National Narcotics Board to reduce or eliminate the use of children for the production and trafficking of drugs, and the results achieved.

3. The Child Protection Commission. The Committee notes the establishment of an independent Child Protection Commission composed of government representatives, representatives of organizations of employers and workers, of non-governmental organizations (NGOs), religious and community leaders, as well as representatives of businesses and societies interested in child protection (sections 74 and 75 of Law No. 23/2002 on Child Protection). It is responsible for examining, monitoring, evaluating and supervising the implementation of child rights (section 76(a)). The Child Protection Commission also drafts recommendations on measures to be taken to ensure a greater protection of children; these recommendations are addressed to the President of Indonesia (section 76(b)). The Committee asks the Government to provide information on the recommendations drafted by the Child Protection Commission, especially those concerning the situation of children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that Presidential Decree No. 12/2001 dated 17 January 2001 established the National Action Committee for the Elimination of Worst Forms of Child Labour. It is composed of the Secretary‑General of various ministries (including the Ministry of Manpower and Transmigration, the Ministry of Industry and Trade, the Ministry of Education, the Ministry of Justice and Human Rights, and the Ministry of Maritime and Fishery), representatives of organizations of employers and workers, representatives of the police, NGOs, as well as representatives of the Child Protection Commission. Given the autonomy exercised by provincial and district bodies, it is important for the project to support the strengthening of structures at that level. Action committees are therefore in the process of being established in certain areas, and some have already been formed in North Sumatra and East Java (ILO-IPEC report, page 69). At the provincial level, these action committees will coordinate action against child labour and provide an important forum for disseminating the experience gained in tackling the worst forms of child labour.

The Committee notes, with interest, that the National Action Committee prepared, in 2002, a National Action Plan for the Elimination of the Worst Forms of Child Labour. This is a three‑phase programme over 20 years. In the first five years, the key objectives of the programme are: (a) to increase public awareness that worst forms of child labour must be eliminated; (b) to map the existence of the worst forms of child labour and efforts to eliminate them; (c) to develop and start implementation of a programme for the elimination of the worst forms of child labour with priority to offshore work and diving, trafficking for prostitution, work in mines, in the footwear industry, and the involvement of children in the trafficking of drugs. According to an ILO-IPEC rapid assessment study, in 1999, more than 4 million children below the age of 18 were involved in the abovementioned activities (they were approximately 45,000 working in mines, and 100,000 in drug trafficking for instance). The Committee requests the Government to provide information on the concrete measures taken pursuant to the adoption of the National Action Plan for the Elimination of the Worst Forms of Child Labour and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes, with interest, that ILO-IPEC is active in Indonesia since 1992, which has resulted in the withdrawal of approximately 10,000 children from the worst forms of child labour. Those prevented from entering child labour is significantly higher, estimated at around 40,000 (TBP report). The Committee also notes that the National Action Plan for the Elimination of the Worst Forms of Child Labour (mentioned under Article 6) calls for a National Action Programme to be developed to achieve the objectives of the National Action Plan. This National Action Programme is the TBP framework in Indonesia which is supported by ILO-IPEC, and will run from 2003 to 2007. 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 and the enabling environment. The second part will involve direct-targeted interventions in five sectors identified by the National Action Plan as priority areas for the elimination of child labour. A total of 31,450 children will be targeted for prevention and withdrawal from exploitative and hazardous work through the provision of educational and non-educational services following direct action from the project. Of this total, 26,350 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 target area.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. Child domestic workers. The Committee observes that an ILO programme was launched in 2002 to identify effective ways of addressing child domestic labourers who are often exploited. They work long hours (more than 15 hours per day), seven days a week, receive low pay or are not paid at all. According to an ILO survey of 2003, 700,000 domestic workers are under the age of 18 years. Under the ILO programme, various activities have been undertaken including support of regulations providing basic protection for domestic workers (for instance, at least one day’s leave per week). As part of the advocacy and media campaign, a 40-episode radio drama has been developed. It depicts the reality of children working as domestic servants. The Committee asks the Government to provide information on the impact of the public awareness campaign and whether it has contributed to preventing the engagement of child domestic workers under 18 from performing work which is likely to harm their health, safety or morals.

2. Child workers in the footwear industry. The Committee observes that an ILO-IPEC project was launched in 1999, and is aimed at preventing children from engaging in hazardous work in the footwear industry. Child labour in this sector has been a common practice for several years and is not perceived as a problem. Therefore, the project aims at facilitating the organizations of parents and other persons, such as teachers, at the community level to enhance interest and involvement in child education and welfare (ILO‑IPEC report, page 122). The Committee asks the Government to provide information on the impact of this project on preventing children under 18 from engaging in hazardous work in the footwear industry.

3. Child workers in mines. The Committee observes that the ILO-IPEC launched a programme in 2003 that aims at preventing children from working in mines. Indeed, according to a rapid assessment conducted by the ILO-IPEC (TBP report, pages 127-128), work performed in mines is likely to harm the health and safety of children in Long Iram sub-district on Kalimantan island. These children often suffer from pulmonary infection, skin diseases or broken bones as they do not wear safety equipment. The project aims at ensuring that children below 15 years of age remain in school instead of working in mines. Consequently, the project will support actions aimed at increasing the number of schools and teachers. Alternative income for parents also appears to be essential to keep children out of mines. In order to tackle this problem and to promote more sustainable economic opportunities, the project will explore other feasible income‑generating activities such as agriculture and farming. The project will provide for instance non-formal or basic literacy education for 400 boys and 200 girls, amongst which 90 per cent shall be prevented from working in mines. Children will also benefit from vocational training (200 boys and 50 girls), out of which 225 children will be prevented from working in mines. The Committee requests the Government to provide information on the impact of this project, as well as its achievements. It also encourages the Government to elaborate programmes to ensure that children aged 15 to 18 do not perform underground or hazardous work in mines and quarries.

4. Education. The Committee notes that basic education lasts nine years and is compulsory (section 48 of Law No. 23/2002 on Child Protection). It also observes that the Government is responsible for providing free education or assistance or special services to children from families of limited means (section 53 of Law No. 23/2002 on Child Protection). The Committee notes the Government’s indication to the Committee on the Rights of the Child that Indonesia has achieved a 95 per cent enrolment rate for children aged 7 to 12 in primary schools, with 78 per cent of children continuing the nine-year basic education programme (CRC/6/65/Add.23, Additional report, 7 July 2003, page 81). It also notes that the Government allocated grants for 234,619 children in order to assist students in need so that they remain in schools, and to provide them with a greater opportunity to further their education (CRC report, page 77). The Committee notes nevertheless that, according the National Social Economy Survey 2000, (quoted in the National Plan of Action for Abolishing Woman and Child Trafficking, Presidential Decree No. 88/2002 of 30 December 2002), 34 per cent of the Indonesian population aged 10 years and above have not completed or even attended elementary school. The Government states, in its report to the Committee on the Rights of the Child (CRC report, page 80), that “high rates of out-of-school children have resulted in an increased number of working children and street children, with the former often working under less than secure conditions. The Government indicates that the priorities for the next five years are: (a) to provide qualified social workers and teachers; (b) to provide childcare training in day‑care centres and playgrounds; (c) to formulate policies, standards and guidelines for childcare; and (d) draft a regulation on early-age child education. The Government has determined targets to be achieved in 2008. It includes reducing from 3 per cent (in 2001) to 1 per cent the number of children repeating school, reducing the number of children dropping out of school from 493,000 to 299,400 approximately, and reducing the child/teacher ratio from 20 to 18 children per teacher in elementary schools (CRC report, page 83). The Committee asks the Government to provide a copy of Law No. 20/2003 on the national education system. It encourages the Government to pursue its efforts to ensure free basic education and to keep children in school. It also asks the Government to provide information on the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Child workers in the footwear industry. The Committee observes that, since 1999, ILO/IPEC has been implementing a project aimed at eliminating child labour in footwear workshops in Cibaduyut and in Bandung. According to the TBP report (page 116), children working in the informal footwear sector in Cibaduyut work under conditions hazardous to their health and safety. The main health hazards are exposure to toxic solvents vapours, a high concentration of leather, rubber and textile dust, various ergonomic risks and noise from machines. For instance, leather dust has been associated with nasal cancer. The majority of workers are not provided with adequate personal protective equipment such as gloves or masks. In 2003, ILO-IPEC decided to provide support for replicating and expanding the project in two new areas of West Java. The Committee takes due note that the project aims at providing vocational training and non-hazardous employment as an alternative for children withdrawn from the footwear industry (TBP report, page 123). For instance, in Cibaduyut a form of vocational training called “creativity training” was established. It allows children to be trained on skills related to footwear design. The Committee further notes that the number of children involved in the footwear industry has already decreased in Cibaduyut, which remains one of the main footwear producing areas in West Java. At the end of the project in July 2004, almost all child labourers in this sector will be withdrawn. The Committee asks the Government to provide information on the impact of the project on removing children under 18 from the footwear industry and providing for their rehabilitation and social integration.

2. Children engaged in the sale, production and trafficking of drugs. The Committee notes that, according to an ILO assessment study (TBP report, page 50), 15,000 children were involved in the sale, production and trafficking of drugs in Jakarta in 2003. Consequently, a project will be launched to tackle this problem. It will focus on identifying children and communities at risk together with providing support and alternatives for children. The target after ten years is to reduce the number of children involved in drug trafficking from 15,000 to 10,000. The Committee requests the Government to provide information on the number of children removed from the drug trafficking industry and their situation after removal, including their professional situation, psychological and health situation.

Clause (d). Identifying and reaching out to children at special risk. 1. Commercial sexual exploitation of children. The Committee observes that, according to a study conducted by ILO-IPEC (ILO-IPEC report, pages 4, 107 and 108), 30 per cent of all persons engaged in commercial sexual work are under 18 years of age in Jakarta, Bali, Batam and North Sumatra. The Office of Women Empowerment estimates that approximately 210,000 children were working in brothels all over the country in 2001. The number of children involved in prostitution seems to be on the rise since the late 1990s. It is not rare that children are encouraged by parents or other family members to go into prostitution and that relatives are actively involved in recruiting and preparing children for the job. The Committee also notes the Government’s indications to the Committee on the Rights of the Child (CRC/6/65/Add.23, Additional report, 7 July 2003, page 109) that Presidential Decree No. 87 of 2002 provides for the establishment of a National Action Plan for the Elimination of the Commercial Sexual Exploitation of Children. It further observes that a National Plan of Action on Human Rights for 2004-09 is under preparation. This plan will address child protection, including child trafficking and the sexual exploitation of children. It will focus on coordination and cooperation, prevention, protection, rehabilitation and social integration. The Committee requests the Government to provide information on the results achieved by the National Action Plan for the Elimination of the Commercial Sexual Exploitation of Children, and its impact with regard to removing children from commercial sexual exploitation and providing for their rehabilitation and social integration.

2. Street children. The Committee notes the Government’s statement to the Committee on the Rights of the Child (CRC/6/65/Add.23, Additional report, 7 July 2003, pages 113-114) that Indonesia counts 60,000 to 70,000 street children. Most of them work in the street for more than 21 hours, six days a week and do not attend school (60 per cent). The Government indicates that a survey conducted by the Community Study and Development Centre, 1999-2000, shows that children begin to work in the street before 12 years of age. The greatest concentration of street children is in Jakarta; there were 13,000 street children in 1998. 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). The programme was implemented in cooperation with the local authorities and the public; 34 shelters were made available in Bandung Raya. It is expected that, with the provision of shelters, street children will reduce their time spent on the streets, from 12 hours to eight hours per day. The Committee requests the Government to indicate whether the Free Street Children Programme was extended to, or replicated in, other provinces. It also asks the Government to provide information on the impact of the Social Safety Net Programme on the protection of street children from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee notes that, according to the information provided by the Government to the Committee on the Rights of the Child (CRC/6/65/Add.23, Additional report, 7 July 2003, page 68), girls are three times more likely to be illiterate than boys for children aged 10 to 18, the main reason being that many parents subscribe to the traditional views that boys rather than girls should pursue higher education. In order to improve equal access to education for girls, the Government continues its illiteracy elimination programme. The Committee asks the Government to provide further information on the abovementioned programme and the results achieved.

Article 8. 1. International cooperation. The Committee notes that Indonesia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2001 and the Protocol on the Involvement of Children in Armed Conflict in 2001. The Committee also observes that, according to the Government’s statement to the Committee on the Rights of the Child (CRC/6/65/Add.23, Additional report, 7 July 2003, page 110), Indonesia hosted East Asia and the Pacific Ministerial Consultation on Children in Bali in 2003 and the World Tourism Organization Regional Consultation on the protection of children from sexual exploitation in tourism in Bali. The Ministerial Consultation Meeting adopted the “Bali consensus” which is a collective commitment of East Asian and Pacific countries to improve the welfare and protection of children from sexual exploitation in several areas, including HIV/AIDS, trafficking in children and prostitution. The Government also indicates that, pursuant to the World Tourism Organization Regional Consultation, a “Bali Proposal for Action” was adopted. This proposal underlines the responsibility of tourism industries to prevent the sexual exploitation of children. The Committee asks the Government to provide information on the impact of the “Bali consensus” and the “Bali Proposal for Action” on the elimination of child trafficking and the sexual exploitation of children.

2. Elimination of poverty. The Committee notes the Government’s indication that social assistance programmes were set up in December 2003 to eradicate poverty. The programmes aim at providing technical assistance to child labourers and their families to improve their skills and increase the family income. Child workers are provided with training skills and education, and the family with financial compensation for the fact that the child is not working anymore. The social assistance programmes cover four districts (Tuban, Bojonegoro, Jember and Tulungagung) in East Java Province. The Committee observes that according to the Government the social assistance programmes have already allowed 685 child workers to be withdrawn from hazardous work. The Committee requests the Government to continue to supply information on any notable impact of the social assistance programmes on poverty eradication towards eliminating the worst forms of child labour.

Part V of the report form. The Committee notes that the National Action Plan on the Elimination of the Worst Forms of Child Labour calls for steps to build knowledge as to the magnitude, severity and location of the worst forms of child labour, with the gathering of comprehensive statistical data. The Committee accordingly hopes that the Government will be able to provide, in its next report, information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, the number of prosecutions, convictions and the range of  sentences in respect of each of the offences arising from the implementation of this Convention.