Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

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

Article 5 of the Convention. Monitoring mechanisms. The police and immigration officers. The Committee had previously noted that the police were carrying out investigations into prostitution areas in different provinces which sometimes resulted in the arrest of the perpetrators of trafficking and the finding and returning of victims to their places of origin. It had also noted that a two-year police training project was launched in August 2003, with the support of
ILO–IPEC. The Committee had noted that 64 trafficking cases were filed in 2006 involving 177 children, of which 35 were before the courts while the rest were under investigation.

The Committee notes that, according to the technical proposal for the second phase of the National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA) of 25 July 2007 (“technical proposal”), law enforcement against traffickers increased in 2006, with arrests up from the previous year by 29 per cent, prosecutions up 87 per cent, and convictions up 112 per cent. It notes the Government’s information that, in 2007, 123 trafficking cases were filed involving 71 children, of which 49 are before the courts, 70 are under investigation and three are under observation. The Government also indicates that it is taking measures to enhance the capacities of the police, immigration officers and labour inspectors. In this regard, it has conducted training on human trafficking for 38 police officers and 20 immigration officers; on preventing human trafficking for 19 police officers and five immigration officers; on investigating human trafficking for 25 police officers; and on border crimes for public prosecutors, judges and the police. The Committee urges the Government to continue its efforts in strengthening the role of the police and of immigration officers in order to enable them to combat the trafficking of children for labour and sexual exploitation. It requests the Government to continue providing information on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard. It once again requests the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected involving the trafficking of children for labour and sexual exploitation.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. 1. National Action Plan for Abolishing Women and Child Trafficking. The Committee had previously noted that a five-year National Action Plan for Abolishing Women and Child Trafficking (NAP against WCT) was endorsed through Presidential Decree No. 88/2002. It had noted that the Plan’s objective consists of reducing by half the number of child victims of trafficking by 2013, as well as increasing the number of crisis service centres for the rehabilitation and social integration of child victims of trafficking. The Committee had also noted the Government’s statement that, as a result of the NAP against WCT, up to 1,404 children were prevented from entering prostitution and 174 were removed, and 200 special centres for combating trafficking were established. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information in its next report on the results achieved by the NPA against WCT with regard to removing child victims of trafficking from labour or sexual exploitation and providing for their rehabilitation and social integration.

2. ILO–IPEC TICSA Project on combating child trafficking for sexual and labour exploitation in South and South-East Asia – Phase II (TICSA II) and National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA). The Committee had previously noted that the subregional ILO–IPEC TICSA Project was adopted in June 2003 to complement the ILO–IPEC Project of Support to the Indonesian NPA. The Committee notes the Government’s information that the TICSA II Project in Indonesia has ended. It notes, however, that, in the framework of the ILO–IPEC project 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” (TBP), efforts continue to be made to combat child trafficking for sexual and labour exploitation. In that regard, the technical progress report of September 2006 to February 2007 for the TBP (technical progress report for the TBP) indicates that 3,454 children were prevented from being trafficked and 142 were removed. It also notes that the technical proposal indicates that, in the second phase of the NPA (2006–10), it is planned that 5,000 children will be prevented from being trafficked for commercial sexual exploitation and 300 will be withdrawn. The Committee requests the Government to provide information on the impact of the second phase of the NPA in combating the sexual and labour exploitation of children under 18 years of age, once it has been implemented, and the results attained.

Article 7, paragraph 2. Effective and time-bound measures. 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. 1. Commercial sexual exploitation of children. The Committee had previously noted the Government’s information that the National Plan of Action for the Elimination of the Commercial Sexual Exploitation of Children is implemented by the central and regional governments by sending children withdrawn from commercial sexual exploitation to rehabilitation centres (such as the Cipayung Rehabilitation Centre) and then back to their families. The Committee notes the Government’s information that, with ILO–IPEC support, as many as 4,935 were prevented from entering commercial sexual exploitation and 144 children removed, from 2002 to 2007. The Committee also notes that the ILO–IPEC action programme entitled “Combating commercial sexual exploitation of children and child trafficking in East Jakarta, Indonesia” (October 2006–September 2007) worked, in its first phase, with 43 young girls engaged in prostitution. Out of the 43 girls, 25 have exited prostitution and 18 others are still engaged in the trade. In its second phase, the action programme will continue to provide services for the girls targeted in the previous programme, and will also try to reach out to more young girls engaged in prostitution. However, the Committee notes with serious concern that, according to the summary outline for the action programme, an estimated 5,100 sex workers under 18 years of age operate in Jakarta alone. The Committee urges the Government to redouble its efforts to protect children under 18 years from commercial sexual exploitation. It requests the Government to continue providing information on the number of children who have been removed from commercial sexual exploitation and rehabilitated through the implementation of the National Plan of Action for the Elimination of the Commercial Sexual Exploitation of Children and the various ILO–IPEC action programmes.

2. Children engaged in the sale, production and trafficking of drugs. The Committee had previously noted that 15,000 children were involved in the sale, production and trafficking of drugs in Jakarta in 2003. The Committee notes that, according to the technical progress report for the TBP, as of 2007, 8,128 children were prevented from drug distribution and 476 withdrawn through implementation of the NPA and various ILO–IPEC action programmes. However, the Committee notes that the technical proposal indicates that various estimates suggest that between 500,000 and 1,200,000 young people below the age of 19 in Indonesia use drugs, and that as many as 20 per cent of drug users are involved in the sale, production or trafficking of drugs, suggesting that between 100,000 and 240,000 young persons might still be involved in the drug trade. In this regard, the technical proposal indicates that interventions on reintegration, rehabilitation and education will continue to be included within services targeted to that sector of worst forms of child labour. Expressing its serious concern at the high number of children and young persons involved in the drug trade, the Committee urges the Government to redouble its efforts to protect children under 18 years from the sale, production and trafficking of drugs. It requests the Government to provide concrete information on the number of children prevented from being engaged in the sale, production and trafficking of drugs, as well as those removed from this worst form of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. Children on fishing platforms. The Committee had previously noted that more than 7,000 children were estimated to be engaged in deep-sea fishing in North Sumatra. It had noted the Government’s statement that one of the programmes adopted in implementing the NPA targets children working in the offshore fishery sector. In this regard, the Committee notes that, according to the technical progress report for the TBP, 417 children were withdrawn and 5,101 children were prevented from work in the fishing sector during the reporting period. Furthermore, the Committee notes that ILO–IPEC action programmes are still being implemented to protect children from this worst form of child labour. The programme entitled “Strengthening the Children’s Creativity Centre (CCC) of Bagan Asahan” aims to prevent 700 children from entering child labour in offshore fishing through the provision of a range of educational activities and services; the programme entitled “Strengthening Format CCC to eliminate and prevent child labour through collective learning in the child labour community” aims to prevent 300 children of Tanjung Tiram, Asahan, from becoming engaged in offshore fishing through a thematic learning programme; and the programme entitled “Preventing Worst Forms of Child Labour in the Fishing Sector through Improved Education and Skills Training and Community Action Against Child Labour” aims to combat child labour in the offshore fishing sector through the capacity building of schools and school committee members. The Committee requests the Government to provide information on the results achieved through the implementation of the TBP and ILO–IPEC action programmes on preventing children under 18 years from being engaged on fishing platforms, and withdrawing and rehabilitating those that are engaged in deep-sea fishing.

2. Child domestic workers. The Committee had previously noted the allegations of the International Trade Union Confederation (ITUC) that child domestic workers in Indonesia suffered some form of sexual, physical or psychological abuse. The ITUC had added that the NPA identified children who are physically or economically exploited as domestic servants as being involved in a worst form of child labour. However, domestic work was not included in the first phase of the NPA. The Committee had noted the various measures that were taken by the Government or by society at large to prevent children from working as domestic workers, including the programme set up by the Committee of National Action on the Worst Forms of Child Labour aimed at preventing school-aged children from working as domestic workers, as well the implementation of the programme “Mobilizing action for the protection of domestic workers from forced labour and trafficking in South-East Asia”.

The Committee notes that, according to the technical proposal, the second phase of the NPA will target children in or at risk of entering exploitative work in child domestic service. In this regard, it intends to prevent 5,000 children and withdraw 2,000 children from child domestic labour. Furthermore, 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 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 the need for a legal framework for the protection of domestic workers. In this regard, the Committee notes the Government’s statement 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 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 domestics are protected from the worst forms of child labour. It also requests the Government to provide information on the impact of the second phase of the NPA on protecting child domestic workers from the worst forms of child labour and providing for their rehabilitation and social integration and the results achieved.

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