Observación (CEACR) - Adopción: 2015, Publicación: 105ª reunión CIT (2016)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Indonesia (Ratificación : 2000)

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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 sexual, physical or psychological abuse. The Committee also noted the information from the 2010 report entitled Recognizing domestic work as work, that 81 per cent of domestic workers work 11 hours or more a day, and that being hidden from public scrutiny made these workers particularly vulnerable to exploitation and abuse. The Committee noted the Government’s statement that a draft Act on the protection of domestic workers has been formulated and included in the Register of the National Legislation Programme for 2010–14. The Government indicated that it has made efforts to prevent children from becoming domestic workers, including measures taken by the Ministry of Social Affairs to reduce the vulnerability of children, and the Child Social Welfare Programme, which aims to protect children against all forms of exploitation and abuse.

The Committee notes the Government’s indication in its report that the Ministry of Manpower Regulation No. 2 of 2015 regarding the protection of domestic workers has been issued. The Committee notes that section 4(b) of the Regulation prescribes that a domestic worker shall not be less than 18 years old. The Committee observes, however, that according to an ILO–IPEC project document, organizations of domestic workers were sceptical about this Regulation. They consider that the provisions of the Regulation are still below the standards of decent work for a domestic worker and demand the enactment of a comprehensive bill. According to this ILO–IPEC document, the Government prefers to engage in a “step-by-step” approach by using the Regulation to push the local governments to enact local regulations to protect domestic workers and to eliminate child domestic labour. Moreover, the Committee notes that according to the ILO–IPEC Global Action Programme report, 35 participants from ministries, police, trade unions and civil society organizations (CSOs) developed a sectoral plan in March 2015 to eliminate child labour in domestic work in Indonesia. The plan is awaiting endorsement by the Government. The Committee also notes the ILO–IPEC 2013 study entitled Child domestic workers in Indonesia: Case studies of Jakarta and Greater areas, according to which there are approximately 437,000 child domestic workers (CDW) in Indonesia. The study also reveals that between 15 and 23 per cent of domestic workers are under the age of 18, with a higher prevalence among older children. CDW are disproportionately dominated by girls (approximately 85 per cent). Regarding the working conditions, the average working hours can range from nine to 16 hours, seven days a week; most of the CDW work in live-in conditions; and most employers of CDW are concentrated in Daerah Khusus Ibukota (DKI) Jakarta province. While taking due note of the adoption of the Ministerial Regulation, the Committee urges the Government to take the necessary measures to ensure that the draft Act for the protection of domestic workers is adopted, to ensure the comprehensive protection of children under 18 from hazardous domestic work. It requests the Government to take concrete 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 work.

Article 5. Monitoring mechanisms. Police and immigration officers. The Committee previously noted the Government’s indication that efforts had 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. It noted that many police and prosecutors remained unfamiliar with the anti-trafficking legislation and were reluctant or unsure of how to effectively use this legislation to punish traffickers, and that corruption continued to hinder anti-trafficking efforts. The Committee finally noted the information from ILO–IPEC that 18 provinces had established a task force to optimize the handling of the trafficking cases.

The Committee notes the information provided by the Government that, between 2008 and 2011, three perpetrators of child trafficking were sentenced to imprisonment from four to eight years. The Committee observes that, in the concluding observations of 2014 (CRC/C/IDN/CO/3-4, paragraph 75), the Committee on the Rights of the Child is very concerned about the high prevalence of trafficking within the State party and notes that the governmental Anti-trafficking in Persons Task Force is not sufficiently effective and that many districts are still not covered by the task force. Noting the limited number of convictions for child trafficking and the absence of information on measures taken, the Committee once again urges the Government to pursue its efforts to combat trafficking in children by ensuring that perpetrators of human trafficking are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue to provide updated 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 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. Trafficking. In its previous comments, the Committee noted that, in collaboration with the ILO–IPEC, several initiatives had been undertaken to provide rehabilitation and reintegration services to child victims of trafficking. Nonetheless, the Committee noted information indicating that efforts to protect victims of trafficking remained uneven and inadequate in comparison with the scale of the country’s trafficking problem. The Government indicated that the Child Social Welfare programme aims to protect children from trafficking. Moreover, the Government reported that it is providing services for child victims of trafficking through the child social protection shelters, located in Jakarta and 27 other areas of Indonesia.

The Committee notes the Government’s indication that any identified child victim of trafficking would be covered by the rehabilitation programme, which is conducted in one of the 13 nursing/rehabilitation homes owned by the Ministry of Social Affairs across the country. The Government further indicates that those children are given education and training for six months before returning to their families or substitute families. Children could also be rehabilitated within families where a child would get assistance from a social worker. The Committee notes that the report of the Government does not provide information on the number of children rehabilitated. The Committee requests the Government to continue to take the necessary measures to prevent the trafficking of children under 18 years of age, and provide for their removal from such situations and subsequent rehabilitation. The Committee requests the Government to provide information on the results achieved, particularly the number of children reached through the measures taken by the Government.

2. Commercial sexual exploitation of children. The Committee previously noted information from UNICEF 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. It noted that child-sex tourism is prevalent in urban areas and tourist destinations. Regarding Regulation No. PM.30/HK.201/MKP/2010 on Guidelines on the Prevention of Sexual Exploitation of Children in Tourism, the Government indicated that it continues to disseminate prevention material on child sexual exploitation in the tourism sector, in cooperation with both private and public tourism stakeholders.

The Committee notes the Government’s statement that it has made efforts to withdraw child workers through the Family Hope Programme (PPA–PKH), including in the tourism sector. The Committee notes that, according to a report conducted by the Understanding Children’s Work programme entitled The twin challenges of child labour and educational marginalization in the East and South-East Asia region (the 2015 UCW report), the nature of commercial sexual exploitation in some areas has reportedly changed from children living in brothels to children living with their families and working out of hotels and other locations through arrangements facilitated by social media. Moreover, Indonesian children are also trafficked internally for commercial sexual exploitation at mining operations in the Maluku, Papua and Jambi provinces in the urban areas of Batam District, Riau Island and West Papua and for sex tourism in Bali (panel 4, page 21). The Committee further observes that in the concluding observations of 2014 (CRC/C/IDN/CO/3-4, paragraph 75), the Committee on the Rights of the Child is very concerned about the large number of underage children involved in sex work. Noting that there remains a significant number of child victims of commercial sexual exploitation, including in child-sex tourism, the Committee urges the Government to intensify its efforts to protect children under 18 years of age 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 measures taken.

3. Children engaged in the sale, production and trafficking of drugs. In its previous comments, the Committee noted that approximately 15,000 children were involved in the sale, production and trafficking of drugs in Jakarta. It 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 be involved in the drugs trade. However, the Committee noted 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, and that, through cooperation with the ILO–IPEC, many children had been removed from work involving drugs. Nonetheless, the Committee noted information from the Government that there had 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 noted that the Ministry of Manpower and Transmigration was coordinating with the national police and the National Narcotics Agency concerning information on the involvement of children in the sale of drugs. The Government also referred to the Act on Child Protection of 2002, section 89 of which provides for penalties for persons who involve children in the production, sale and trafficking of drugs. The Committee, therefore, requested the Government to ensure the effective implementation of these provisions in practice.

The Committee notes the Government’s statement that it has provided legal assistance to children involved in the production, sale and trafficking of drugs through child protection agencies. The Committee notes that the Government’s report does not provide any further information regarding the application of section 89 of the Act on Child Protection of 2002 in practice. The Committee, therefore, urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who involve children in the production, sale or trafficking of illicit drugs are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the measures taken, particularly 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 initiatives being implemented to prevent and remove children from being engaged in this hazardous form of work. However, the Committee noted information that offshore fishing platforms were an area where investigations and prosecutions for persons who employ children needed to be more effective. The Committee noted that the Government has engaged in various efforts to prevent the engagement of children in work on fishing platforms, including raising community awareness, cooperation with regional governments and collaboration with non-governmental organizations (NGOs). The Government indicated that in districts containing fishing platforms, action committees have been established under the action plan for the elimination of the worst forms of child labour. The Committee further noted that data on prosecutions and sanctions for those who employ children on fishing platforms is not available, and that the Government’s efforts have focused on preventive education efforts.

The Committee notes the Government’s statement that measures have been taken to ensure labour law enforcement through labour inspectors in cases of violations. However, the report of the Government does not provide any further information on the nature of the measures taken to protect children in hazardous work in the fishing industries, nor on the sanctions applied. The Committee recalls 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 requests 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 once again requests the Government to provide information on the measures taken in this regard.

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