Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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.