Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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

Article 5 of the Convention. Monitoring mechanisms. Labour inspectorate. The Committee previously noted the ILO–IPEC information that the involvement of labour inspectors in child labour issues is limited. However, the Committee noted that one of the immediate objects of the 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) was to enhance the capacity of national, provincial and district level stakeholders to plan, monitor, implement and evaluate action to prevent and eliminate the worst forms of child labour. The Committee requested information on the number of violations detected during the inspections carried out within the framework of the TBP.

The Committee notes the information in the Government’s report that child labour monitoring groups, composed of local stakeholders, such as staff at NGOs, community members and local authorities in villages, do not have written records, as cases of child labour are reported to ILO–IPEC implementing partners, who then follow up on each case. The Government indicates that inspections performed by labour inspectors focus on the formal sector. The Committee also notes the statement in a report entitled “Report on the Implementation of the National Action Programme WFCL stage I (2002–07) and the National Action Programme WFCL stage II (2008–12)” (Report on the NAP on WFCL stages I and II) that, despite the community-based monitoring teams in the footwear and offshore fishing sectors, the participation of other stakeholders, such as trade unions and other community organizations is still needed, particularly to monitor the worst forms of child labour in the informal sector. The Committee further notes the information in the ILO–IPEC technical progress report for phase II of the TBP of 15 August 2010 (ILO–IPEC TPR) that, within the context of phase II, a labour inspection review was undertaken to review the effectiveness of the current labour inspection programme in Indonesia in combating child labour. The results of the review indicated that the monitoring of child labour through labour inspection is very weak and this was attributed to both human resource and financial resource constraints. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity of the child labour monitoring mechanisms, including through the allocation of additional resources to the labour inspectorate. The Committee asks the Government to provide detailed information on the implementation of any measures taken in this regard, particularly on measures taken to ensure the effective monitoring of children working in the informal sector.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Action Plan on the Elimination of the Worst Forms of Child Labour (NAP on WFCL). The Committee previously noted that the NAP on WFCL, prepared in 2002, was a three-stage programme over 20 years. The second stage of the NAP on WFCL would run from 2008 to 2012. The Committee further noted that the Decent Work Country Programme for Indonesia included support for the implementation of the NAP on WFCL.

The Committee notes with interest that, according to information in the Government’s report, as of February 2010, the second phase of the TBP had prevented 4,474 vulnerable children from engaging in the worst forms of child labour, and withdrawn an additional 1,084 children from these worst forms. The Committee also notes the Government’s indication that the ILO project entitled “Education and Skills Training for Youth Employment in Indonesia (EAST)” has prevented 9,835 children in four provinces from engaging in child labour between 2008 and June 2010. The Government indicates that the EAST project seeks to reach a total of 14,000 children in six provinces by 2011. The Committee further notes the information in the Government’s report that the Ministry of Social Affairs is implementing the Child Labour Reduction Programme (as a part of the Family Encouragement Programme) which had, by 2010, succeeded in withdrawing 3,000 children from working, and returned these children to school. The Government indicates that the Child Labour Reduction Programme aims to withdraw 4,290 children by 2011. Lastly, the Committee notes the information in an ILO report entitled “Monitoring and Assessing Progress on Decent Work Background study” of March 2010 that the DWCP has supported the design and implementation of new initiatives to prevent and withdraw children from the worst forms of child labour in 20 additional districts. This report indicates that 26 districts have been reached through the NAP on WFCL, and that the EAST project is operating in 33 districts of Indonesia. The Committee requests the Government to continue to provide information on the results achieved through the implementation of the NAP on WFCL and of the EAST project, particularly in terms of the number of children prevented from engaging in, or removed from, 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. The Committee previously noted that in Indonesia basic education lasts nine years and is compulsory (section 48 of Law No. 23/2002). It also noted, however, that, according to the National Social Economy Survey, 2000, 34 per cent of the Indonesian population aged 10 years and above had not completed or even attended elementary school. The Committee further noted that, although the TBP contributed to preventing the engagement of children in child labour and its worst forms through the provision of educational services or training opportunities, there remained approximately 400,000 children not enrolled in primary education and as many as 148,890 children who had dropped out of junior high school.

The Committee notes the information in the Government’s report that the Government offers an inclusive education programme that aims to help vulnerable groups, including child labourers, to return to school. The Government also indicates that, in the context of the NAP on WFCL, funds were allocated to parents to subsidize their children’s studies. The ILO–IPEC TPR of August 2010 indicates that the Government will increase its budget allocation for scholarships for poor students in 2011, and that these scholarships include the cost of uniforms, transportation, text books and other school supplies. The ILO–IPEC TPR also indicates that the Government is implementing the Education Strategic Planning (2010–14) at the national level, which includes elements that will contribute to the reduction of child labour, such as a subsidy for out-of-school children to widen their access to quality formal and non-formal education and the strengthening and expansion of non-formal education and life-skills education for these children. The Committee further notes the detailed statistical information on education included in the Government’s report, which indicates that 437,608 children dropped out of primary school in the 2008 school year, and an additional 214,775 students dropped out of junior high school. Therefore, while taking due note of the measures taken by the Government, the Committee expresses its concern at the number of children who are dropping out of school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to strengthen its efforts, within the framework of the Education Strategic Planning (2010–14), to improve the functioning of the education system and to facilitate educational access to children from poorer families. The Committee requests the Government to provide information on the concrete measures taken in this regard, and to continue to provide statistical information on the results obtained, particularly with regard to reducing the number of drop-outs at the primary and junior high school levels.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child workers in the footwear industry. The Committee previously noted that ILO–IPEC launched various projects aimed at preventing children from engaging in hazardous work in the footwear industry, within the framework of the NAP on WFCL. It requested information on the results achieved.

The Committee notes the information in the Government’s report that in total, 942 children were withdrawn from hazardous work in the footwear industry, and an additional 4,772 vulnerable children were prevented from entering this industry. The Government also indicates that the local health office in Bogor has been working towards improving the conditions in the home-based footwear industry. Nonetheless, the Committee notes the information in the Report on the NAP on WFCL stages I and II that, prior to the launching of the action projects, a total of 9,000 children were working in the footwear industry in the Ciomas-Bogor Tasikmalaya areas of West Java. Therefore, while noting the progress achieved, the Committee observes that these numbers indicate that a significant number of children continue to work in the footwear industry. It accordingly requests the Government to continue to take measures, within the framework of the NAP on WFCL, to remove children from this hazardous industry and provide for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. Child victims of the tsunami. The Committee previously noted that, shortly following the earthquake and tsunami of December 2004, the TBP was extended to the area of Aceh. The key aim of the project was to prevent child labour among children made vulnerable because of loss of family or family livelihoods. The Committee requested the Government to provide information on the impact of these action programmes implemented within the framework of the TBP.

The Committee notes the information in the Government’s report that, in total the ILO–IPEC projects in tsunami-affected areas succeeded in providing 7,751 vulnerable children with educational services. The Government also indicates that awareness-raising initiatives on protecting children from the worst forms of child labour reached 1,153 families with vulnerable children. The Committee also notes the Government’s indication that the project strengthened the capacity of teachers at local schools to retain children in school and to provide them with pre-vocational training. The project also facilitated the establishment of the Aceh Provincial Action Committee for the Elimination of the Worst Forms of Child Labour in 2009.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that the ILO–IPEC project entitled “Enhancing national capacity in child labour data collection, analysis and dissemination through technical assistance to surveys, research and training”, aimed at conducting a nationwide child labour survey as an add-on to a regular nationwide survey implemented by the national statistical office. The Committee requested the Government to provide the information revealed by the nationwide child labour survey concerning the nature, extent and trends of the worst forms of child labour.

The Committee notes that the Indonesia Child Labour Survey Report (Indonesia Child Labour Survey (2009)) was released on 11 February 2010. It notes the Government’s statement that, as the Survey is based on household surveys, it cannot be used to identify many types of the worst forms of child labour that are illegal and hidden. The Government states that the Survey can, however, provide data on children performing hazardous work due to the number of hours of work. In this regard, the Committee notes the information in the Indonesia Child Labour Survey (2009) that approximately 20.7 per cent of children between the ages of 5 and 17 work more than 40 hours a week. The Survey also highlights that approximately 8 per cent of children between the ages of 5 and 17 worked at places such as street or market stalls and traffic lights, and the Survey emphasized that these places are not safe places to work. The Committee expresses its concern at the significant number of persons under the age of 18 in Indonesia who are engaged in hazardous work and accordingly requests the Government to take the necessary measures to ensure in practice the protection of children from this worst form of child labour. It also requests the Government to continue to provide information on the application of the Convention in practice, including information on the nature, extent and trends of the worst forms of child labour. To the extent possible, all information provided should be disaggregated by sex and age.