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

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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.

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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Child domestic workers. The Committee previously noted the allegations of the International Trade Union Confederation (ITUC) that child domestic workers in Indonesia often suffered some form of sexual, physical or psychological abuse. The Committee noted that the second stage of the National Action Plan on the Elimination of the Worst Forms of Child Labour (NAP on WFCL) aimed to prevent 5,000 children, and withdraw 2,000 children, from child domestic labour. The Committee also noted the Government’s statement that a draft Act on Domestic Workers’ Protection had been formulated, but that the elaboration of the final draft would take time. The Committee requested the Government to take the necessary measures to ensure that the draft Act for the Protection of Domestic Workers was adopted.

The Committee notes the Government’s statement that it is making serious efforts to provide physical, psychological, economic and legal protection to domestic workers. The Government indicates that the Ministry of Women's Empowerment has created guidelines regarding the risk to child domestic workers and provides skills training to prevent children from entering domestic work. The Committee also notes the Government’s indication that through phase II of the ILO–IPEC project entitled “Support to the Indonesian National Action Plan and the Development of the Time-bound Programme for the Elimination of the Worst Forms of Child Labour”, 1,213 children have been prevented from becoming engaged in child domestic work, and rehabilitation and reintegration services have been provided to 127 former child domestic workers. The Government’s report indicates that ILO–IPEC is making efforts to raise awareness among employers and domestic workers about regulations related to the protection of domestic workers. Nonetheless, the Committee notes the information in the ILO–IPEC technical progress report for phase II of the Time-bound Programme (TBP) of 15 August 2010 (ILO–IPEC TPR) that the action programmes working with child domestic workers continuously face difficulties in accessing households and this has impacted the achievement of withdrawing child domestics. The Committee further 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.

However, the Committee notes the information in the ILO Jakarta report that approximately 35 per cent of domestic workers are under the age of 18. This report also indicates that 81 per cent of domestic workers work 11 hours or more a day, and being invisible and hidden from public scrutiny, these workers are prone to becoming victims of exploitation and abuse. The ILO Jakarta report further quotes a study indicating that 68 per cent of domestic worker respondents indicated that they had experienced mental abuse, 93 per cent had experienced physical violence, and 42 per cent had experienced some form of sexual harassment or abuse while at work. Therefore, while taking due note of the steps taken by the Government to combat child domestic work and the results achieved under the TBP, the Committee expresses its serious concern at the exploitation which continues to be experienced by child domestic workers. It reminds the Government that, pursuant to Article 3(d) of the Convention, work or employment in conditions that are hazardous are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency, in accordance with Article 1. The Committee accordingly urges the Government to take the necessary steps to ensure that the draft Act for the Protection of Domestic Workers is adopted as a matter of urgency. The Committee also requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who employ children under 18 years of age in hazardous domestic work are carried out and that sufficiently effective and dissuasive sanctions are applied in practice. It further requests the Government to continue to take measures to address the situation of child domestic workers, and to provide information on the results achieved, particularly in terms of the prevention and withdrawal of children from domestic labour.

Article 5. Monitoring mechanisms. Police and immigration officers. The Committee previously noted that law enforcement against traffickers had increased in 2006 and that the Government had taken measures to enhance the capacities of the police and immigration officers. The Government also indicated that in 2007, 123 trafficking cases were filed involving 71 children. The Committee notes the Government’s statement that efforts have been made to strengthen the role of the police in combating the trafficking of children, including the establishment of a Women and Children’s Service Unit within the Republic of Indonesia National Police. The Committee also notes the information in the report on trafficking in persons in Indonesia of 14 June 2010, available on the website of the Office of the High Commissioner of Refugees (www.unhcr.org) (Trafficking report) that 139 suspected trafficking offenders were prosecuted in 2009, an increase from 129 in 2008. The Committee further notes the information from the International Organization for Migration (IOM) that it has collaborated with the Government with a view to building the capacity of law enforcement bodies, including through workshops, curriculum development for police schools and the 2009 revision of the Guidelines on Law Enforcement and Victim Protection (Guidelines). The IOM indicates that jointly with the Government, awareness-raising initiatives have reached 5,000 law enforcement officers, and that 10,000 copies of the Guidelines have been distributed.

The Committee further notes the information from the IOM that there has been a great need to sensitize criminal justice agencies across Indonesia with regard to the content of the Anti-Trafficking Law of 2007. In this regard, the Trafficking report indicates that many police and prosecutors remain unfamiliar with the anti-trafficking legislation, and are reluctant or unsure of how to effectively use this legislation to punish traffickers. The Trafficking report indicates that prosecutors and judges still frequently use other laws to prosecute traffickers and that only 56 per cent of trafficking-related cases were prosecuted using the Anti-Trafficking Law. Moreover, the Trafficking report indicates that corruption continues to hinder anti-trafficking efforts, as members of the security forces continue to be involved in trafficking, and that it is a widespread practice for traffickers to pay police and military officials “protection money”. The Trafficking report further contains reports indicating that some Ministry of Manpower officials provided licences to international labour recruiting agencies involved in human trafficking, despite the officials’ knowledge of the agencies’ involvement, and that some local officials facilitated trafficking by producing national identity cards for children containing false information so that these children could be recruited as adults. The Committee expresses its concern at allegations of complicity and cooperation of law enforcement officials and other government officials with human traffickers. The Committee therefore urges the Government to redouble its efforts to ensure that perpetrators of human trafficking, and complicit government officials, are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, the Committee requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, including through increasing the awareness among prosecutors and judges of the Anti-Trafficking Law of 2007. It further requests the Government to provide information on the measures taken in this respect, and the results achieved, particularly the number of persons investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee previously noted that the TBP contained measures to combat child trafficking for sexual and labour exploitation, and that the second stage of the NAP on WFCL (2006–10) aimed to prevent 5,000 children from being trafficked for commercial sexual exploitation and withdraw 300 children. It requested information on the results achieved through these initiatives.

The Committee notes the information in the Government’s report that phase II of the TBP (to support the second stage of the NAP on WFCL) had, between October 2007 and February 2010 succeeded in preventing 528 vulnerable children from becoming victims of trafficking and providing rehabilitation and reintegration services to nine child victims of trafficking. The ILO–IPEC TPR indicates that, as of August 2010, 816 children had been prevented from becoming engaged in trafficking, and 53 had been withdrawn. The Committee also notes the Government’s indication that the TBP has contributed to strengthening the network of service providers for trafficking victims. Social workers at the social protection home for children (homes operated by the Ministry of Social Affairs which serve as a shelter for trafficking victims) received training to better equip them to reunite and reintegrate child victims of trafficking with their families. Between 2004 and 2009, the Ministry of Social Affairs recorded 251 victims who received rehabilitation services from the social protection home for children in Jakarta.

The Committee further notes information in a UNICEF report entitled “Children in Indonesia: Child trafficking” of July 2010 (UNICEF report) that the Government has passed the Decree on the National Plan of Action on the Eradication of Trafficking in Persons and Sexual Exploitation of Children
2009–14. The Plan guides governmental ministries and provincial departments, through task forces, to implement programmes to eradicate trafficking in persons and sexual exploitation of children. Nonetheless, the Committee notes the statement in the Trafficking report that efforts to protect victims of trafficking remained uneven and inadequate in comparison with the scope of the country’s trafficking problem. The Committee therefore urges the Government to continue to take measures, within the framework of both the TBP and the National Plan of Action on the Eradication of Trafficking in Persons and Sexual Exploitation of Children 2009–14, to prevent the trafficking of persons under 18, in addition to providing for their removal, rehabilitation and social reintegration. It requests the Government to provide information on the concrete steps taken and the results achieved, particularly the number of children reached through these initiatives.

Article 7(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 previously noted the implementation of an action programme, within phase I of the TBP to remove child victims of commercial sexual exploitation. It also noted that phase II of the TBP would continue to provide services to girls withdrawn from such situations, and attempt to reach out to more child victims of prostitution. However, the Committee noted that there was an estimated 5,100 sex workers under 18 years of age operating in Jakarta alone.

The Committee notes the Government’s statement that it works with
ILO–IPEC and the Indonesian Child Welfare Foundation (YKAI) to combat commercial sexual exploitation. The Government indicates that during phase I of the TBP, 177 children were withdrawn from commercial sexual exploitation and an additional 5,210 children were prevented from engaging in this worst form of child labour. However, the Committee notes the information in the ILO–IPEC TPR of August 2010 that phase II of the TBP has not yet recorded the removal of any children from commercial sexual exploitation. The Committee further notes the information in the UNICEF report regarding the adoption of the Decree on the National Plan of Action on the Eradication of Trafficking in Persons and Sexual Exploitation of Children 2009–14, in addition to the information in the ILO–IPEC TPR of August 2010 that the Minister of Culture and Tourism adopted Regulation No. PM.30/HK.201/MKP/2010 on Guidelines on the Prevention of Sexual Exploitation of Children in Tourism, in 2010. The Ministry of Tourism will be working with the ILO Office in Jakarta on concrete activities to implement this regulation.

In this regard, the Committee notes the statement in the Trafficking report that child sex tourism is prevalent in most urban areas and tourist destinations, such as Bali and Riau Island. The Committee also notes the information in the UNICEF report that approximately 30 per cent of the women in prostitution in Indonesia are below the age of 18, with 40,000–70,000 Indonesian children being victims of sexual exploitation. The Committee expresses its serious concern at the significant number of children who are victims of commercial sexual exploitation, including child sex tourism, and accordingly urges the Government to redouble its efforts to protect children under 18 years from this worst form of child labour. 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 TBP, in addition to those reached through the National Plan of Action on the Eradication of Trafficking in Persons and Sexual Exploitation of Children 2009–14. It further requests the Government to pursue its efforts to implement Regulation No. PM.30/HK.201/MKP/2010 on Guidelines on the Prevention of Sexual Exploitation of Children in Tourism, and to provide information on the impact of measures taken.

2. Children engaged in the sale, production and trafficking of drugs. In its previous comments, the Committee noted that 15,000 children were involved in the sale, production and trafficking of drugs in Jakarta in 2003. The Committee noted the removal and prevention of children from this worst form through the TBP, but also noted reports that as many as 20 per cent of drug users were 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.

The Committee notes the information in the Government’s report that in the first six months of 2010 there were 5,603 children (mostly boys and street children), undergoing training in penitentiaries, 90 per cent of whom were drug users and/or drug dealers. The Government indicates that these children obtain health care, psychosocial and spiritual education. The Committee also notes that the Ministry of Social Affairs has engaged in cooperation with various governmental agencies to provide services and rehabilitation to children found to be in violation of the law. The Government further indicates that the Ministry of Women’s Empowerment and Children Protection has established an Memorandum of Understanding with various judicial institutions to encourage the use of a restorative justice approach with regard to children in conflict with the law, including those under 18 found to be guilty of selling, producing or trafficking drugs. The Committee also notes the information in the ILO–IPEC final technical progress report for phase I of the TBP of March 2008 (ILO–IPEC FTPR 2008) that 517 children were withdrawn from work involving drugs, and a total of 8,298 children were reached through initiatives to prevent such involvement. The ILO–IPEC FTPR 2008 also indicates that the Jakarta Provincial Narcotics Board began to use community-based approaches in its regular prevention and treatment programmes for children and families to respond to the problems of child drug trafficking and drug abuse. However, the Committee notes the information in the “Report on the implementation of the NAP on WFCL stage I (2002–07) and the NAP on WFCL stage II (2008–12)” (Report on the NAP on WFCL stages I and II) (submitted with the Government’s report) that there has not been any significant progress made with regard to the prosecution of persons employing children in several of the worst forms of child labour, including drug trafficking, and that some cases were not taken to court. The Committee expresses its concern at the lack of progress in prosecuting perpetrators of this worst form of child labour, and accordingly urges the Government to strengthen its efforts to protect children under 18 years from becoming engaged in the sale, production and trafficking of drugs. In this regard, the Committee requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of perpetrators of this worst form of child labour are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to continue to provide information on the impact of the measures taken, including the number of investigations, prosecutions and sanctions imposed.

Clause (d). Identifying and reaching out to children at special risk. Children on fishing platforms. The Committee previously noted that more than 7,000 children were estimated to be engaged in deep-sea fishing in North Sumatra. It also noted several ongoing initiatives being implemented within the TBP, to prevent and remove children from being engaged in this hazardous form of work. The Committee requested the Government to provide information on the results achieved through these initiatives.

The Committee notes the Government’s statement that, at the end of phase I of the TBP, 457 children had been withdrawn from the offshore fishing sector, and an additional 6,653 children had been prevented from becoming engaged in this sector. The Government also indicates that the North Sumatra Government made efforts to monitor this sector and disseminated information about the dangers of working on fishing platforms through the provincial action committee on child labour. The Government indicates that child labour in this sector shall naturally decline due to the physical conditions of fishing platforms, and the lack of new fishing platform developments. However, the Committee notes that the Report on the NAP on WFCL stages I and II identifies offshore fishing platforms as an area where investigations and prosecutions for persons who employ children in the worst forms of child labour need to be more effective. This report indicates that many cases of violations were closed just after the investigations and never brought to court because of the inadequate capacity of law enforcers. It indicates that an owner of fishing platforms in North Sumatra was investigated for using children, but that this case was not brought to court for trial. The Committee reminds the Government that, pursuant to Article 7(1) of the Convention, ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of appropriate sanctions. The Committee accordingly urges the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are applied in practice to persons who engage children in hazardous work on fishing platforms. The Committee requests the Government to provide information on the impact of the measures taken in this regard, including the number of prosecutions, convictions and sanctions applied to persons who engage children in work on deep-sea fishing platforms.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 5 of the Convention. Monitoring mechanisms. Labour inspectorate. The Committee had previously noted 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 (TBP) for the Elimination of the Worst Forms of Child Labour”, the involvement of labour inspectors in child labour issues is limited. It had noted that several measures had been taken in implementing the National Plan of Action on Elimination of the Worst Forms of Child Labour (NPA). The Committee had also noted the Government’s statement that, since the implementation of the regional autonomy policy, labour inspection is carried out by local inspectors and it is difficult to collect data on inspection.

The Committee notes the Government’s information that, through the measures undertaken in the framework of the NPA, including workshop training and technical guidance, labour inspectors have increased their knowledge and conduct better inspections. The Committee notes that, according to the technical progress report for the TBP of September 2006 to February 2007 (hereinafter “technical progress report for the TBP”), one of the immediate objectives of the project is 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. In this regard, the Committee notes that, according to the technical progress report, 87 standardized training programmes for law enforcers, which included a module on child labour, took place during the reporting period. Furthermore, the Committee observes that, in the framework of the TBP and as of February 2007, 110 out of 128 mining units, 418 out of 616 footwear workshops and 76 fishing vessels and 11 harbours, all of which are hazardous sectors that employ children, were monitored. The Committee requests the Government to supply information on the number of violations detected concerning children and young persons involved in the worst forms of child labour during the inspections carried out in the framework of the TBP, as well as extracts of the inspection reports specifying the extent and nature of these violations.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. National Plan of Action on the Elimination of the Worst Forms of Child Labour (NPA). The Committee had previously noted that the NPA prepared in 2002 by the National Action Committee for the Elimination of the Worst Forms of Child Labour (NAC), was a three-phase programme over 20 years. It had also noted several measures that were adopted in implementing the NPA, including a child workers’ survey; awareness raising; education and training for drop-out students; removal of child workers in the offshore fishery sector, the footwear industry and in drug distribution; and training of labour inspectors.

The Committee notes with interest the Government’s information that, through the implementation of the NPA, 19,863 children were prevented from child labour and its worst forms and 10,922 children removed in 2006, and 29,863 were prevented and 13,922 removed in 2007. The Committee notes that, according to the technical proposal of 25 July 2007 for the second phase of the NPA (hereinafter “technical proposal”), the second phase, which will run from 2008 to 2012, will build on the strategy of the first phase while introducing several new and innovative components. Some key features and activities of the proposed project include:

(a)   educating children through a mix of formal and non-formal education, and skills training;

(b)   providing services for 22,000 direct beneficiaries, reaching 35 per cent of these beneficiaries in the first year of the implementation of the NPA.

The Committee also notes that a Decent Work Country Programme (DWCP) has been developed in Indonesia for the years 2006 to 2010 in collaboration with the ILO constituents. One of the DWCP’s priorities is to stop exploitation at work and includes a module on the effective progress on the implementation of the NPA. In this regard, the DWCP will support the implementation of the NPA and offer advisory and other technical support on the implementation of the Worst Forms of Child Labour Convention, 1999 (No. 182). The Committee requests the Government to provide information on the results achieved in implementing the NPA in terms of the number of children prevented from engaging in, or removed from, the worst forms of child labour. It also requests the Government to provide information on the impact of the DWCP on eliminating the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee had previously noted that in Indonesia basic education lasts nine years and is compulsory (section 48 of Law No. 23/2002). It had 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 notes that, according to the technical progress report for the TBP, 15,196 children (7,377 boys and 7,819 girls) were prevented from being engaged in child labour and its worst forms through the provision of educational services or training opportunities during the duration of the project. However, the Committee notes that the UNESCO “Education for All Global Monitoring Report” of 2008 indicates that, as of 2005, there were still more than 400,000 children not enrolled in primary education. The Government further indicates in its report that, as of 2005–06, there were as many as 148,890 children who dropped out from school at the junior high school level. The Committee notes that, according to the technical proposal, several of the measures envisaged for the second phase of the NPA are related to education, including: withdrawing or preventing children from involvement in exploitative child labour through the provision of direct educational services; strengthening policies on child labour and education, the capacity of national institutions to combat child labour, and formal and transitional education systems that encourage children engaged in or at risk of engaging in exploitative child labour to attend school; raising awareness of the importance of education for all children and mobilizing a wide array of actors to improve and expand education infrastructures. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee strongly urges the Government to continue pursuing its efforts to ensure free basic education and to keep children in school. It requests the Government to provide information on the impact of the second phase of the NPA on increasing school enrolment rates and reducing school drop-out rates for children. It also asks the Government to provide updated statistical data on school enrolment and drop-out rates.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child workers in the footwear industry. The Committee had 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 NPA. The Committee notes that, according to the technical progress report for the TBP, 142 children were withdrawn and 4,353 children prevented from working in the footwear industry during the reporting period. Furthermore, the Committee notes that ILO/IPEC continues to implement action programmes to protect children from the footwear industry. One such programme is entitled “Increasing Children’s Participation in Education in Ciomas Footwear Centre” and aims to remove 250 children and prevent 1,434 children from entering the footwear industry through increased participation in schools in Bogor Regency. The Committee requests the Government to provide information on the results achieved in the implementation of the ILO/IPEC action programmes with regard to the number of children prevented and removed from working in hazardous work in the footwear industry.

Clause (d). Identifying and reaching out to children at special risk. Child victims of the tsunami. The Committee had 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 notes that services continue to be provided to children in Aceh made vulnerable by the earthquake and tsunami through the implementation of several ILO/IPEC action programmes implemented in the framework of the TBP, including offering pre-vocational training in five integrated orphanage centres to benefit 750 girls and boys affected by the tsunami; and supporting “One Roof” schools for areas with insufficient provision of junior secondary schools to improve opportunities to access basic education for vulnerable children. The Committee further notes that preventative measures to protect vulnerable children affected by the earthquake and tsunami have been extended to the Nias district of North Sumatra through the implementation of an ILO/IPEC action programme entitled “Capacity building of ten selected schools to deliver prevocational skills training and retrieval programmes to prevent the worst forms of child labour” in 2007. The Committee requests the Government to continue to provide information on the impact of the action programmes implemented in the framework of the TBP on protecting child victims of the earthquake and tsunami from the worst forms of child labour and, more specifically, on the number of these vulnerable children who were effectively prevented or withdrawn from the worst forms of child labour as a result.

Part V of the report form. Application of the Convention in practice. The Committee notes 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”, due to be completed on 30 September 2010, aims at conducting a nationwide child labour survey as an add-on to a regular nationwide survey implemented by the national statistical office, BPS–Statistics Indonesia. The national child labour survey will place particular emphasis on identifying and quantifying the extent of child involvement in hazardous forms. The Committee requests 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, as soon as it is available.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

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. In its previous comments, the Committee had noted that the employment of children under 18 years of age in all forms of slavery or practices similar to slavery is prohibited under various laws. It had also noted that the “labour exploitation” of a child aged less than 18 years constitutes an offence (section 88 of Law No. 23/2002 on Child Protection). It had asked the Government to define the term “labour exploitation”. The Committee notes the Government’s statement that the term “labour exploitation” of a child means any attempt performed intentionally by any person or entity through violence or intimidation, force, cheating, lying or persuasion, to get a child to do a certain kind of job for the benefit of that person or entity, that would cause physical, mental or material loss to the victim.

Article 3(d) and Article 4, paragraph 1. Hazardous work. With reference to its previous comments, the Committee notes with interest that section 2 of “Decision No. Kep-235/Men/2003 concerning the types of work harmful to the health, safety and morals of children”, supplied by the Government, provides that children under 18 years of age shall be prohibited from taking up a job or being employed in a job that jeopardizes the child’s health, safety or morals. It also notes that the attachment to Decision No. Kep‑235/Men/2003 contains a comprehensive list of the types of work that endanger the health, safety and morals of children under 18 years of age including: work related to machines, engines, installations and other equipment; work involving physical hazards (such as underground work, work at dangerous heights, work at extreme temperatures, work at contact with radioactive material); work involving chemical hazards; work involving biological hazards; work of a certain hazardous nature and subject to hazardous conditions (such as construction work, carrying weights, work on board ships, night work); work harming the morals of children (such as work in bars and discotheques and work linked to the promotion of alcoholic drinks or drugs).

Article 5. Monitoring mechanisms. Labour Inspectorate. The Committee had previously noted 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” (hereinafter referred to as TBP), the involvement of labour inspectors in child labour issues is limited. The Committee notes the Government’s statement that it has been continuously increasing the number and quality of its labour inspectors through education and training. The Committee notes with interest the Government’s information that, in implementing the National Plan of Action on Elimination of the Worst Forms of Child Labour (NPA) the following measures have been taken: (a) training for 170 inspectors; (b) workshop for 186 participants; (c) technical guidance in two provinces for 120 participants; (d) workshop training in ten provinces. It also notes the Government’s information that, since the implementation of the regional autonomy policy, labour inspection is carried out by local inspectors and it is difficult to collect data on inspection. The Committee requests the Government to provide information on the impact of these measures on strengthening the capacity of the labour inspectorate to monitor children involved in the worst forms of child labour. The Committee also encourages the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected concerning children and young persons involved in the worst forms of child labour.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that the NPA prepared in 2002 by the National Action Committee for the Elimination of the Worst Forms of Child Labour, was a three-phase programme over 20 years. In the first five years, the key objectives of the programme were: (a) to increase public awareness that the 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 giving priority to offshore work and diving, trafficking for prostitution, work in mines and in the footwear industry, and the involvement of children in the trafficking of drugs. The Committee notes with interest the Government’s information that the following measures have been adopted in implementing the NPA: (a) the establishment of ten action committees at the provincial level and 48 at the regional level; (b) a child workers’ survey through the pilot project in West Java, Banten and East Java; (c) awareness raising on the elimination of the worst forms of child labour amongst stakeholders in 22 provinces; (d) mapping the problem of the worst forms of child labour in five sectors; (e) carrying out substitute education and training for drop-out students; (f) programmes for removing children working in the offshore fishery sector; in the footwear industry; in drug distribution; (g) training of labour inspectors and workshop training; (h) awareness-raising campaigns. The Committee requests the Government to continue providing information on the measures adopted and results achieved in implementing the NPA.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. 
1. Education. The Committee had previously noted that in Indonesia basic education lasts nine years and is compulsory (section 48 of Law No. 23/2002 on Child Protection). However, the Committee had noted 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. It had also noted the Government’s information that the targets to be achieved in 2008 were: 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.

The Committee notes that, in the framework of the TBP, the document “Attitudes to child labour and education in Indonesia” of 2006, targeting 1,212 households across six districts in five provinces, indicates that: 19 per cent of school age children under 15 years were not attending school; 71 per cent of respondents whose children were out of school cited costs of education as the main factor; only 50 per cent of respondents knew that the Government’s policy is for all children to complete school for nine years to the age of 15; 61 per cent of respondents thought it acceptable for a child under 15 to work four hours or more per day; the majority interviewed agreed that children under 18 years should not be allowed to work in illicit sectors, like prostitution and drugs, while the numbers were much smaller when it came to sectors regarded by law as hazardous. The Committee notes, however, that, in the framework of the “World Day Against Child Labour”, various activities have been undertaken in Indonesia to raise awareness on the importance of education to eliminate child labour, amongst which: (a) a press conference attended by national and international media at the ILO Office in Jakarta in order to launch a new survey report showing the impact of early school dropouts and child labour on future employment opportunities; (b) campaigns on the importance of education (East Kalimantan); (c) a workshop on the worst forms of child labour (North Sumatra); (d) various awareness-raising activities on education and child labour. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee asks the Government to continue pursuing its efforts to ensure free basic education and to keep children in school. The Committee also asks the Government to supply updated data on the enrolment and dropout rates in school.

2. Child workers in the footwear industry. The Committee had previously noted that ILO/IPEC launched various projects aimed at preventing children from engaging in hazardous work in the footwear industry. The Committee notes the Government’s information that, in implementing the NPA, a number of programmes were launched, one of which targets children working in this industry. As a result of this programme, 2,233 children were prevented from working and 372 removed. It also notes the Government’s information that, as the project only affects the targeted areas, it needs to be replicated widely in other areas. The Committee requests the Government to continue providing information on the implementation of the abovementioned programme, particularly with regard to the number of children prevented and removed from working in the footwear industry.

3. 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. Consequently, a project was planned to tackle this problem, focusing on identifying children and communities at risk together with providing support and alternatives for the children. The Committee notes the Government’s statement that the TBP is a strategic measure in tackling and preventing children from drug distribution activity, but this programme is still new and needs quite a long time for Indonesia to be able to run it. It notes the Government’s information that in implementing the NPA, 2,449 children were prevented from drug distribution and 140 were removed. It further notes that, according to the Government, awareness-raising programmes have been carried out progressively in schools. The Committee requests the Government to continue providing information on the measures taken to prevent children under 18 years from being involved in the sale, production and trafficking of drugs, as well as to remove those involved, and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 
1. Commercial sexual exploitation of children. The Committee had previously noted that Presidential Decree No. 87 of 2002 provides for the establishment of a National Plan of Action for the Elimination of the Commercial Sexual Exploitation of Children. The Committee notes the Government’s information that this National Plan of Action 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 requests the Government to provide information on the number of children who have been removed from commercial sexual exploitation and rehabilitated in implementing this National Plan of Action.

2. Street children. The Committee had previously noted that Indonesia counts 60,000 to 70,000 street children. It had also noted the Government’s indication that it adopted a Social Safety Net Programme for street children (including shelters, education, vocational skills training and entrepreneurship) and a Free Street Children Programme in Bandung Raya (West Java), providing for 34 shelters. The Committee notes the Government’s information that all projects carried out have had a positive impact on preventing children from working on the streets, as is shown from the decreasing number of children working on the streets.

3. Child victims of the tsunami. The Committee notes 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 is to prevent child labour among children made vulnerable because of loss of family or family livelihoods. Children will be helped by a range of interventions including non-formal educational support, assistance to keep children in schools and training programmes for children aged 15–17 years. The Committee requests the Government to provide information on the results achieved by this programme and its impact on protecting child victims of tsunami from the worst forms of child labour.

Article 8. 1. International cooperation. The Committee had previously asked the Government to provide information on the impact of the “Bali consensus” (a collective commitment of East Asian and Pacific countries to improve the welfare and protection of children from sexual exploitation in several areas) and the “Bali Proposal for Action” (which underlines the responsibility of the tourism industry to prevent the sexual exploitation of children) on the elimination of child trafficking and the sexual exploitation of children. It notes the Government’s information that the following measures were taken following the Bali consensus: promotive–preventive measures (awareness raising on the importance of children’s right to grow and to their healthy and decent development); and curative and rehabilitative measures (by offering services to children who were trafficked, sexually exploited and subject to other worst forms of child labour).

2. Elimination of poverty. Following its previous comments, the Committee notes the Government’s statement that the social assistance programmes have had a positive impact in Tuban, Bojonegoro, Tulungagung and its surroundings. These programmes, involving all the relevant stakeholders (local government, civil society and NGOs), generated family income and have slowly contributed to returning the dropout students back to school. They have also decreased the poverty rate. The Committee notes the Government’s information that the programmes have been replicated in North Sumatra and other provinces.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, according to the National Statistic Centre, there are 2,865,073 children aged 10–17 years working in the plantation, forestry, hunting and fishery, mining, manufacturing, electricity, gas and water, grocery and retail, restaurant and hotel, transportation, storage, communication, financial, insurance, construction and social service sectors. It also notes the Government’s information that one of the measures adopted in implementing the NPA was mapping the problem of the worst forms of child labour in five sectors. It finally notes the Government’s statement that, since the NPA is still new, it needs more time to collect the data on the number of cases of infringements and the number of trials. The Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied, as soon as this information becomes available.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the communication of the International Trade Union Confederation (ITUC) dated 6 September 2005. It requests the Government to provide further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted the ITUC’s indication that the trafficking of persons, including for the purpose of prostitution, is widespread and that as many as 20 per cent of the 5 million migrant workers, who left Indonesia to work in other countries, were victims of trafficking. It had noted the Government’s information that a draft bill on trafficking was under preparation. The Committee notes with satisfaction that the Indonesian House of Representatives has passed the long-awaited Act on human trafficking. The Act of 19 April 2007 criminalizes all kinds of human trafficking, at home and overseas. It stipulates that whoever recruits and transfers people by force, abduction or deceit, in order to exploit them, faces three to 15 years’ imprisonment or fines of 120 million to 600 million rupiahs or both. Anyone who brings into the country foreigners for purposes of exploitation or adopts children for a similar purpose, commits a criminal offence. Moreover, the Act requires traffickers to pay compensation for the material and immaterial losses suffered by the victims.

Article 5. Monitoring mechanisms. The police and inspectors. The Committee had previously noted that the police were carrying out investigations in 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 noted that a two-year police training project was launched, in August 2003, with the support of ILO/IPEC. It had also noted that training sessions were conducted in several provinces to provide labour inspectors with the necessary knowledge to combat child trafficking. The Committee notes the Government’s information that 64 trafficking cases were filed in 2006 involving 177 children, of which 35 are before the courts while the rest are under investigation. The Committee encourages the Government to continue to strengthen the role of the police and labour inspectors in order to enable them to combat the trafficking of children for labour and sexual exploitation. It requests the Government to provide information on the measures taken to this end. It also 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. It finally requests the Government to continue providing information on the convictions and penal sanctions applied.

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 in reducing by half the number of child victims of trafficking by 2013. The Committee had also noted that one of the targets of the NAP against WCT is to increase the number of crisis service centres for the rehabilitation and social integration of child victims of trafficking and that 200 special centres for combating trafficking were established.

The Committee notes the Government’s information that the second phase of the NAP against WCT consists in establishing in a selected region a “model of good practice” in handling cases of trafficking to be replicated in other regions. Jakarta, as the previous role model, has established a centre for crisis service to rehabilitate and reintegrate child victims of trafficking and commercial sexual exploitation. The Committee also notes the Government’s information that, as a result of the NAP against WCT, up to 1,404 children were prevented from entering prostitution and 174 were removed. The Committee requests the Government to continue providing information on the achievements of the National Action Plan for the Elimination of Trafficking in Women and Children, and its impact 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). 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 National Plan of Action for the Elimination of the Worst Forms of Child Labour. It had noted that the TICSA Project’s objective is to contribute to the progressive elimination of trafficking in child labour and sexual exploitation in Indonesia by: (i) assisting children and families in high-risk sending areas to reduce children’s vulnerability to trafficking; and (ii) improving the capacity of social partners to provide services to rehabilitate and reintegrate child victims of trafficking. The Committee notes the Government’s information that 1,404 children were prevented from trafficking and sexual exploitation and 53 removed. It also notes the Government’s information that the total number of children who benefited from the programme is 3,359. The Committee requests the Government to continue providing information on the impact of the
ILO/IPEC TICSA II in combating the sexual and labour exploitation of children under 18 years of age, and results attained.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Children on fishing platforms. The Committee had previously noted that, according to the document 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), more than 7,000 children were estimated to be engaged in deep‑sea fishing in North Sumatra. It had also noted the indication of the government representative to the Conference Committee on the Application of Standards (June 2004), that a project was launched in 2000 and extended in 2004 aimed at preventing the employment of children on fishing platforms, raising awareness on the danger of working on a fishing platform, and providing for direct assistance and the removal of children from this type of work. It had finally noted the Government’s indication that ILO/IPEC technical assistance has contributed to the withdrawal of 344 children from fishing platforms and that 2,111 children were prevented from working in “jermas” since 2000.

The Committee notes the Government’s information that one of the programmes adopted in implementing the National Plan of Action on the Elimination of the Worst Forms of Child Labour targets children working in the offshore fishery sector. As a result of this programme, 3,004 children were prevented from working in this sector and 174 were removed. The Committee further notes the Government’s information that it has established a special monitoring team consisting of local government and personnel from the main naval base in order to prevent children from working in fishing platforms. The Committee requests the Government to continue providing information on the impact of the TBP and other measures on withdrawing children under 18 years from fishing platforms and results achieved.

2. Child domestic workers. The Committee notes the ITUC’s allegations that child domestic workers in Indonesia suffered some form of sexual, physical or psychological abuse. The ITUC adds that the National Plan of Action for the Elimination of the Worst Forms of Child Labour identified children who are physically or economically exploited as domestic servants as being involved in a worst form of child labour. However, domestic work – involving at least 688,000 children – was not included in the first phase of the National Plan of Action. According to the ITUC, it seems that the Government has failed to take meaningful action to protect child domestic workers from exploitation and abuse. Moreover, laws enacted to protect children from labour exploitation have not been utilized to address child domestic labour.

The Committee notes the Government’s information that various measures have been taken, either by the Government or by society at large, to prevent children from working as domestic workers. Concretely, the Committee of National Action on the Worst Forms of Child Labour has set up a programme aimed at preventing school-aged children from working as domestic workers. Moreover, various programmes carried out by a number of child caring institutions have had a positive impact on preventing children from working as domestic workers. The Committee also notes that the programme “Mobilizing action for the protection of domestic workers from forced labour and trafficking in South-East Asia” was launched in 2004 to address the needs of domestic workers in Indonesia and the Philippines. The programme proposes four areas for concrete action: (a) a law and policy framework on domestic work; (b) advocacy and research; (c) outreach and empowerment of domestic workers at the national and international levels; (d) targeted interventions to respond effectively to reports of forced labour and trafficking affecting domestic workers. The Committee finally notes that, congruent to the TICSA project and the TBP on child trafficking, the ILO TC-RAM supports the ILO/IPEC Programme on Child Domestic Workers. The ILO TC-RAM on child domestic workers aims to increase awareness in general, withdraw child domestic workers (below 15 years), and provide counselling as well as access to non-formal and vocational training service to child domestic workers between 15 and 18 years of age. The Committee requests the Government to continue to provide information on any relevant results of these programmes on protecting child domestic workers from the worst forms of child labour and providing for their rehabilitation and social integration.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and practices similar to slavery. Sale and trafficking of children. The Committee notes the ICFTU’s indication that the trafficking of persons, including for the purpose of prostitution, is widespread. The ICFTU also states that as many as 20 per cent of the 5 million migrant workers, who leave Indonesia to work in other countries, are victims of trafficking. The ICFTU further indicates that there are reports of the sale of children in exchange for promises of work and money.

In reply to the comments made by the ICFTU, the Government states that the elimination of trafficking is not an easy task since it relates to cross-border crimes. The Government also indicates that a draft Bill on trafficking is under preparation.

The Committee notes that section 68(2) of Law No. 23/2002 on Child Protection, prohibits the kidnapping, selling and trafficking of children under 18 years of age. Section 83 of that law imposes penalties on anyone who trades, sells or kidnaps children for personal or pecuniary gain. It notes that the term “trafficking” is not defined and that there appears to be no penalty for the offence of trafficking. The Committee hopes that the new Bill on trafficking will be adopted soon and will: (i) provide for a clear definition of the term “trafficking”; (ii) prohibit the trafficking of children under 18 years of age for labour or sexual exploitation; and (iii) provide for appropriately dissuasive penal sanctions. The Committee also requests the Government to provide information on progress made towards the adoption of the new Bill, and to provide a copy of it as soon as it is adopted.

Article 5. Monitoring mechanisms. 1. Police. The Committee notes the Government’s statement that the competency and capability of the officers responsible for combating trafficking will be continued and improved. The Committee observes that the police work in cooperation and collaboration with the Ministry of Social Welfare, the Ministry for Women’s Affairs, the Ministry of Education, the Ministry of Foreign Affairs and other related ministries since January 2003. The police are also carrying out investigations in prostitution areas in different provinces which sometimes result in the arrest of the perpetrators of the trafficking and the finding and returning of victims to their places of origin. The Committee observes that a two-year police training project was launched, in August 2003, with the support of ILO-IPEC. The Committee accordingly asks the Government to provide information on the concrete measures taken to train the police on the worst forms of child labour, especially the trafficking of children under 18, and the results achieved.

2. Labour inspectorate. The Committee notes that labour inspectors guarantee the implementation of labour laws and regulations (section 176 of the Manpower Act). 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 also notes the Government’s indication that training sessions were conducted in several provinces to provide labour inspectors with the necessary knowledge to combat child trafficking. The Committee requests the Government to provide information on the inspections carried out by labour inspectors in order to combat the trafficking of children for labour and sexual exploitation, and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Action Plan. The Committee notes, with interest, that a five-year National Action Plan for Abolishing Woman and Child Trafficking was endorsed through Presidential Decree No. 88/2002 dated 30 December 2002. It notes that the National Action Plan provides for an overview of the situation of trafficking in children in Indonesia. According to an ILO assessment (“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”, 2003 (pages 48 and 50)), 21,500 children were victims of trafficking for the purpose of prostitution in Java, in 2003. The trafficking of children for prostitution occurs mainly in Jakarta, West Java, Central Java, Yogyakarta and East Java. These locations have therefore been identified for primary interventions. The trafficking of children for the purpose of sexual exploitation also occurs at the international level; receiving countries include Malaysia (mainly Kuala Lumpur and Serawak), Brunei Darusslam, Hong Kong (China), Taiwan (China) and Australia (abovementioned ILO report, page 107). The Plan’s objectives are to reduce by half the number of child victims of trafficking by 2013. The National Action Plan aims at: (a) ensuring the existence of legal norms and actions against traffickers of women and children; (b) guaranteeing the social rehabilitation and reintegration of victims of trafficking; (c) preventing all forms of trafficking; and (d) developing cooperation and coordination between institutions at the national and international levels that deal with the trafficking of women and children. The Committee also notes that one of the targets of the National Action Plan is to increase the number of crisis service centres for the rehabilitation and social reintegration of child victims of trafficking. It takes note of the Government’s indication that 200 special centres for combating trafficking were established. A second target of the National Action Plan is to obtain a situational map of problems and criminal cases on trafficking in women and children. The Committee asks the Government to continue to provide information on the number of victims of trafficking who are under 18, the destination countries as well as the purpose of trafficking. The Committee also requests the Government to provide information on the achievements of the National Plan of Action for the Elimination of Trafficking in Women and Children, and its impact with regard to removing child victims of trafficking from labour or sexual exploitation and providing for their rehabilitation and social integration.

2. Task force responsible for the implementation of the National Action Plan. The Committee 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 110 and 112) regarding the establishment of a task force to serve as one of the focal points for the implementation of the National Plan of Action for the Elimination of Trafficking in Women and Children. The Committee requests the Government to provide information on the results achieved by the task force with regard to the implementation of the abovementioned National Action Plan. It also requests the Government to increase its efforts to attain sustainable results in reducing child trafficking.

3. ILO/IPEC TICSA Project on combating child trafficking for sexual and labour exploitation. The Committee notes from the information provided by the ILO’s Jakarta Office that the subregional ILO/IPEC TICSA Project was adopted in June 2003 to complement the ILO/IPEC Project of Support to the Indonesian National Action Plan for the Elimination of the Worst Forms of Child Labour. The TICSA Project aims to contribute to the progressive elimination of trafficking in child labour and sexual exploitation in Indonesia. This will be done by: (i) assisting children and families in high-risk sending areas to reduce children’s vulnerability to trafficking; and (ii) improving the capacity of social partners to provide services to rehabilitate and reintegrate child victims of trafficking. The project will provide inputs, good practices and lessons learned that will be up-scaled under the ILO/IPEC Time-Bound Programme (TBP), launched in 2003, to combat the worst forms of child labour, including the trafficking of persons for sexual and labour exploitation. The Committee asks the Government to provide information on the impact of the ILO/IPEC TICSA Project on combating the sexual and labour exploitation of children under 18 years of age.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Children on fishing platforms. The ICFTU indicates that forced labour is prohibited by law, but continues to exist in practice. According to the ICFTU, the forced labour of children is widespread and occurs in different activities, including prostitution, drug trafficking, domestic servitude and fishing. The ICFTU accepts that actions taken by the Government and the ILO have helped to reduce the number of children forced to work on remote fishing platforms. It contends, however, that the practice continues to exist.

In reply to the ICFTU’s comments, the Government states that, for developing countries such as Indonesia, eliminating or reducing child labour is not an easy task since the problem of working children is closely related to other issues such as poverty, culture and community awareness, including the role of parents. The Government nevertheless points to its efforts and serious intention to eliminate the worst forms of child labour. Hence, a National Action Plan for the Elimination of the Worst Forms of Child Labour was launched, in 2003, with the support of the ILO-IPEC. This National Action Plan (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 Time‑Bound Measure Programme (TBP) framework which is supported by ILO/IPEC and will run from 2003 to 2007. ILO/IPEC support for 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 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. One of the key objectives of the TBP is to develop and implement a programme on the elimination of child labour in the diving and offshore sector.

The Committee notes that the ILO estimates that more than 7,000 children are engaged in deep-sea fishing in north Sumatra (“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 50). It also notes the indication of the Government representative to the Conference Committee on the Application of Standards at its June 2004 session that a project was launched in 2000 and extended in April 2004. The project’s objectives are to prevent the employment of children on fishing platforms, to raise awareness on the danger of working on a fishing platform, and to provide for direct assistance and the removal of children from this type of work. The Committee observes that the project aims at reducing the number of children under 18 working on fishing platforms from 7,000 to 1,000 in five years’ time. The Committee also notes the Government’s indication that ILO/IPEC technical assistance has contributed to the withdrawal of 344 children from fishing platforms and that 2,111 children were prevented from working in “jermas” since 2000. The Committee requests the Government to increase its efforts to attain sustainable results in eliminating the forced labour of children on fishing platforms. It also asks the Government to continue to provide information on the impact of the TBP on the elimination of forced labour of children on fishing platforms and the results achieved.

Article 8. 1. Extradition agreements for trafficking offences. 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 signed in 2003 the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crimes. The Committee further notes that Indonesia has extradition agreements with several countries, including Australia, Hong Kong (China), Malaysia, the Philippines and Thailand. According to Law No. 1/1979, a person engaged in the trafficking of Indonesian persons (in Indonesia or abroad) can be extradited and tried in Indonesia as long as those countries have extradition agreements with Indonesia. Traffickers found in Indonesia who have committed a crime of trafficking in another country could also be extradited to this country where an extradition agreement exists. The Committee asks the Government to provide a copy of Law No. 1/1979 as well as information on the extraditions that have occurred with regard to child trafficking offences.

2. Elimination of poverty. The Committee notes from the information provided by the ILO’s Jakarta Office that Indonesia is finalizing, with the support of the ILO, a Poverty Reduction Strategy Paper (PRSP) which will be funded by the World Bank and the IMF. The PRSP’s objectives are to promote growth and reduce poverty. Noting that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee asks the Government to supply information on any notable impact of the PRSP towards eliminating the worst forms of child labour, in particular the trafficking of children for sexual and labour exploitation.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Indonesia (ratification: 2000)

The Committee takes note of the Government’s first and second reports. The Committee requests the Government to supply further information on the following points.

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.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee takes due note that section 74(2)(b) of the Act concerning manpower (No. 13 of 2003) prohibits the use, procuring or offering of a child under 18 for prostitution, the production of pornography or for pornographic performances. It also observes that, according to section 88 of the Law on Child Protection (No. 23/2002), the sexual exploitation of a child under 18 years of age is a criminal offence.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. Use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes that section 74(2)(c) of the Act concerning manpower (No. 13 of 2003) prohibits the use, procuring or involving of a child under 18 for the production and trade of alcoholic beverages, narcotics and psychotropic substances. It also observes that, under section 89 of the Law on Child Protection (No. 23/2002), a person who uses a child under 18 years of age for the production or distribution of narcotics commits an offence.

2. Causing or allowing children to be used for begging. The Committee observes that, according to section 301 of the Criminal Code, it is prohibited to cause or allow a child to be used for begging.

3. Causing or allowing children to be used for gambling. The Committee observes that section 74(2)(b) of the Act concerning manpower prohibits the use, procuring or involving of a child under 18 for gambling.

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 1. Penalties. The Committee observes that anyone who detains a person as a slave or in a similar condition is liable to imprisonment for a term of between two and five years’ imprisonment and/or a fine of a minimum of 200 million rupiahs and a maximum of 500 million rupiahs (section 183 of the Act concerning manpower). Section 324 of the Criminal Code provides that anyone who, at his/her own expense or at another person’s expense, runs a slave trade or commits an act of slave trade shall be liable to a maximum of 12 years’ imprisonment. The Committee also observes that anyone who sells or trades a child under 18 is punishable by three to 15 years’ imprisonment and a fine of 60 million to 300 million rupiahs (section 83 of Law No. 23/2002 on Child Protection). The Committee further notes that a person who recruits or uses a child under 18 for military purposes is punishable by five years’ imprisonment and/or a maximum fine of 100 million rupiahs.

The Committee observes that section 183 of the Act concerning manpower provides for two to five years’ imprisonment and/or a fine of 200 million rupiahs to 500 million rupiahs for anyone using, procuring or offering a child under 18 for the purposes of prostitution, the production of pornography or for pornographic performances. The same penalties apply to anyone who uses, procures or offers a child under 18 for the production and trade of alcohol, narcotics and psychotropic substances. The employment of children in work that is likely to harm their health, safety or morals, is also punishable by two to five years’ imprisonment and/or a fine of 200 million rupiahs to 500 million rupiahs (section 183 of the Act concerning manpower). The Committee also notes that, under section 88 of Law No. 23/2002 on Child Protection, the economical or sexual exploitation of children under 18 is punishable by ten years’ imprisonment and/or a maximum fine of 200 million rupiahs. It notes that a person who intentionally does not assist a child under 18 who is a victim of sexual or labour exploitation, is liable to five years’ imprisonment and/or a fine of a maximum of 100 million rupiahs (section 78 of Law No. 23/2002 on Child Protection). The Committee asks the Government to provide information on the penalties imposed in practice.

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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Indonesia (ratification: 2000)

The Committee takes note of the Government’s first and second reports, and of the communication of the International Confederation of Free Trade Unions (ICFTU) dated 25 June 2003. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), and taking into account that Article 3(a) of the Convention provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issues of trafficking of children and forced labour of children on fishing platforms should be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Slavery and practices similar to slavery. The sale and trafficking of children. The Committee notes the ICFTU’s indication that the trafficking of persons, including for the purpose of prostitution, is widespread. The ICFTU also states that as many as 20 per cent of the 5 million migrant workers, who leave Indonesia to work in other countries, are victims of trafficking. The ICFTU further indicates that there are reports of the sale of children in exchange for promises of work and money.

In reply to the comments made by the ICFTU, the Government states that the elimination of trafficking is not an easy task since it relates to cross-border crimes. The Government also indicates that a draft Bill on trafficking is under preparation.

The Committee notes that section 68(2) of Law No. 23/2002 on Child Protection, prohibits the kidnapping, selling and trafficking of children under 18 years of age. Section 83 of that law imposes penalties on anyone who trades, sells or kidnaps children for personal or pecuniary gain. It notes that the term "trafficking" is not defined and that there appears to be no penalty for the offence of trafficking. The Committee hopes that the new Bill on trafficking will be adopted soon and will: (i) provide for a clear definition of the term "trafficking"; (ii) prohibit the trafficking of children under 18 years of age for labour or sexual exploitation; and (iii) provide for appropriately dissuasive penal sanctions. The Committee also requests the Government to provide information on progress made towards the adoption of the new Bill, and to provide a copy of it as soon as it is adopted.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. 1. The police. The Committee notes the Government’s statement that the competency and capability of the officers responsible for combating trafficking will be continued and improved. The Committee observes that the police work in cooperation and collaboration with the Ministry of Social Welfare, the Ministry for Women’s Affairs, the Ministry of Education, the Ministry of Foreign Affairs and other related ministries since January 2003. The police are also carrying out investigations in prostitution areas in different provinces which sometimes result in the arrest of the perpetrators of the trafficking and the finding and returning of victims to their places of origin. The Committee observes that a two-year police training project was launched, in August 2003, with the support of ILO-IPEC. The Committee accordingly asks the Government to provide information on the concrete measures taken to train the police on the worst forms of child labour, especially the trafficking of children under 18, and the results achieved.

2. Labour inspectorate. The Committee notes that labour inspectors guarantee the implementation of labour laws and regulations (section 176 of the Manpower Act). 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 also notes the Government’s indication that training sessions were conducted in several provinces to provide labour inspectors with the necessary knowledge to combat child trafficking. The Committee requests the Government to provide information on the inspections carried out by labour inspectors in order to combat the trafficking of children for sexual and labour exploitation, and the results achieved.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Action Plan. The Committee notes, with interest, that a five-year National Action Plan for Abolishing Woman and Child Trafficking was endorsed through Presidential Decree No. 88/2002 dated 30 December 2002. It notes that the National Action Plan provides for an overview of the situation of trafficking in children in Indonesia. According to an ILO assessment ("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", 2003 (pages 48 and 50)), 21,500 children were victims of trafficking for the purpose of prostitution in Java, in 2003. The trafficking of children for prostitution occurs mainly in Jakarta, West Java, Central Java, Yogyakarta and East Java. These locations have therefore been identified for primary interventions. The trafficking of children for the purpose of sexual exploitation also occurs at the international level; receiving countries include Malaysia (mainly Kuala Lumpur and Serawak), Brunei Darusslam, Hong Kong (China), Taiwan (China) and Australia (abovementioned ILO report, page 107). The Plan’s objectives are to reduce by half the number of child victims of trafficking by 2013. The National Action Plan aims at: (a) ensuring the existence of legal norms and actions against traffickers of women and children; (b) guaranteeing the social rehabilitation and reintegration of victims of trafficking; (c) preventing all forms of trafficking; and (d) developing cooperation and coordination between institutions at the national and international levels that deal with the trafficking of women and children. The Committee also notes that one of the targets of the National Action Plan is to increase the number of crisis service centres for the rehabilitation and social reintegration of child victims of trafficking. It takes note of the Government’s indication that 200 special centres for combating trafficking were established. A second target of the National Action Plan is to obtain a situational map of problems and criminal cases on trafficking in women and children. The Committee asks the Government to continue to provide information on the number of victims of trafficking who are under 18, the destination countries as well as the purpose of trafficking. The Committee also requests the Government to provide information on the achievements of the National Plan of Action for the Elimination of Trafficking in Women and Children, and its impact with regard to removing child victims of trafficking from labour or sexual exploitation and providing for their rehabilitation and social integration.

2. Task force responsible for the implementation of the National Action Plan. The Committee 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 110 and 112) regarding the establishment of a task force to serve as one of the focal points for the implementation of the National Plan of Action for the Elimination of Trafficking in Women and Children. The Committee requests the Government to provide information on the results achieved by the task force with regard to the implementation of the abovementioned National Action Plan. It also requests the Government to increase its efforts to attain sustainable results in reducing child trafficking.

3. ILO/IPEC TICSA Project on combating child trafficking for sexual and labour exploitation. The Committee notes from the information provided by the ILO’s Jakarta Office that the subregional ILO/IPEC TICSA Project was adopted in June 2003 to complement the ILO/IPEC Project of Support to the Indonesian National Action Plan for the Elimination of the Worst Forms of Child Labour. The TICSA Project aims to contribute to the progressive elimination of trafficking in child labour and sexual exploitation in Indonesia. This will be done by: (i) assisting children and families in high-risk sending areas to reduce children’s vulnerability to trafficking; and (ii) improving the capacity of social partners to provide services to rehabilitate and reintegrate child victims of trafficking. The project will provide inputs, good practices and lessons learned that will be up-scaled under the ILO/IPEC Time-Bound Programme (TBP), launched in 2003, to combat the worst forms of child labour, including the trafficking of persons for sexual and labour exploitation. The Committee asks the Government to provide information on the impact of the ILO/IPEC TICSA Project on combating the sexual and labour exploitation of children under 18 years of age.

Article 7, paragraph 2. Time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Children on fishing platforms. The ICFTU indicates that forced labour is prohibited by law, but continues to exist in practice. According to the ICFTU, the forced labour of children is widespread and occurs in different activities, including prostitution, drug trafficking, domestic servitude and fishing. The ICFTU accepts that actions taken by the Government and the ILO have helped to reduce the number of children forced to work on remote fishing platforms. It contends, however, that the practice continues to exist.

In reply to the ICFTU’s comments, the Government states that, for developing countries such as Indonesia, eliminating or reducing child labour is not an easy task since the problem of working children is closely related to other issues such as poverty, culture and community awareness, including the role of parents. The Government nevertheless points to its efforts and serious intention to eliminate the worst forms of child labour. Hence, a National Action Plan for the Elimination of the Worst Forms of Child Labour was launched, in 2003, with the support of the ILO-IPEC. This National Action Plan (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 Time-Bound Measure Programme (TBP) framework which is supported by ILO/IPEC and will run from 2003 to 2007. ILO/IPEC support for 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 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. One of the key objectives of the TBP is to develop and implement a programme on the elimination of child labour in the diving and offshore sector.

The Committee notes that the ILO estimates that more than 7,000 children are engaged in deep-sea fishing in north Sumatra ("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 50). It also notes the indication of the Government representative to the Conference Committee on the Application of Standards at its June 2004 session that a project was launched in 2000 and extended in April 2004. The project’s objectives are to prevent the employment of children on fishing platforms, to raise awareness on the danger of working on a fishing platform, and to provide for direct assistance and the removal of children from this type of work. The Committee observes that the project aims at reducing the number of children under 18 working on fishing platforms from 7,000 to 1,000 in five years’ time. The Committee also notes the Government’s indication that ILO/IPEC technical assistance has contributed to the withdrawal of 344 children from fishing platforms and that 2,111 children were prevented from working in "jermas" since 2000. The Committee requests the Government to increase its efforts to attain sustainable results in eliminating the forced labour of children on fishing platforms. It also asks the Government to continue to provide information on the impact of the TBP on the elimination of forced labour of children on fishing platforms and the results achieved.

Article 8. 1. Extradition agreements for trafficking offences. 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 signed in 2003 the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crimes. The Committee further notes that Indonesia has extradition agreements with several countries, including Australia, Hong Kong (China), Malaysia, the Philippines and Thailand. According to Law No. 1/1979, a person engaged in the trafficking of Indonesian persons (in Indonesia or abroad) can be extradited and tried in Indonesia as long as those countries have extradition agreements with Indonesia. Traffickers found in Indonesia who have committed a crime of trafficking in another country could also be extradited to this country where an extradition agreement exists. The Committee asks the Government to provide a copy of Law No. 1/1979 as well as information on the extraditions that have occurred with regard to child trafficking offences.

2. Elimination of poverty. The Committee notes from the information provided by the ILO’s Jakarta Office that Indonesia is finalizing, with the support of the ILO, a Poverty Reduction Strategy Paper (PRSP) which will be funded by the World Bank and the IMF. The PRSP’s objectives are to promote growth and reduce poverty. Noting that poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee asks the Government to supply information on any notable impact of the PRSP towards eliminating the worst forms of child labour, in particular the trafficking of children for sexual and labour exploitation.

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