Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 138) sur l'âge minimum, 1973 - Indonésie (Ratification: 1999)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention and Part V of the report form. National policy and the application of the Convention in practice. The Committee previously noted the information in the Indonesia Child Labour Survey (2009) that there were approximately 1.76 million children engaged in prohibited child labour in Indonesia (defined as working children between the ages of 5–12, children aged 13–14 engaged in non-light work activities, and children between 15–18 years engaged in hazardous work). Most were employed in agriculture, including forestry, hunting and fishery (57 per cent of all working children aged 5–17). The Survey further indicated that while most working children still attended school, 20.7 per cent of persons under the age of 18 worked for more than 40 hours a week. The Committee requested information on measures taken to ensure that children under the minimum age were not engaged in child labour.

The Committee notes the Government’s indication that it has undertaken activities to prevent children under the age of 15 from engaging in child labour, such as the Child Social Welfare Programme, implemented by the Ministry of Social Affairs, which included providing capital assistance to parents of children at risk and measures to encourage children to return to school. The Government also provides tuition assistance to children who were withdrawn through the Reduction of Child Labour Programme, through the Directorate of Special Education and Services within the Ministry of Education. The Committee further notes the information from ILO–IPEC of September 2011 that the Mid-Term National Development Plan (2010–14) includes strategies and policies to address child labour. Moreover, since 2008, the Government has been implementing a conditional cash transfers programme to improve educational access for children from poor families, with the reduction of child labour as a key indicator of the programme. By the end of 2011, the programme was expected to cover approximately 1.1 million households. While taking due note of the measures taken by the Government, the Committee observes that there remain a significant number of children engaged in child labour in the country and therefore urges the Government to pursue its efforts to ensure that, in practice, children under the minimum age of 15 are not engaged in economic activities. It requests the Government to continue to provide information on the measures taken in this regard, and on the results achieved. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including information from on the labour inspectorate on the number and nature of contravention reported, violations detected and penalties applied.

Article 2(1). Scope of application. 1. Informal economy. The Committee previously noted the indication of the International Trade Union Confederation (ITUC) that child labour was widespread in Indonesia, taking place mostly in informal, unregulated activities, such as street vending and in the agricultural and domestic sectors. The Committee also noted that Act No. 13 of 2003 (Manpower Act) excluded from its application children who are engaged in self-employment or working without a clear wage relationship. It further noted the information from the Indonesia Child Labour Survey Report 2009, that out of all working children between the ages of 5–12, 12.7 per cent were self-employed, and 82.5 per cent were unpaid family workers. The Survey further indicated that only 4.8 per cent of working children between the ages of 5–12 (and only 12.1 per cent of children aged 13–14) were working as “employees”, and therefore within the scope of application of the Manpower Act. However, the Committee noted that section 75 of the Manpower Act stipulates that the Government is under an obligation to make efforts to overcome problems concerning children who work outside of an employment relationship, and that these efforts should be specified with a government regulation. In this regard, the Committee noted the Government’s indication that a draft government regulation, aiming to protect self-employed children pursuant to section 75 of the Manpower Act, had been elaborated and was under discussion in the Ministry of Manpower.

The Committee notes the Government’s statement that it is maintaining coordination with the relevant stakeholders in order to finalize the draft Act on the protection of children who work outside of an employment relationship. The Government indicates that, to date, the definition of children working outside of an employment relationship is still to be formulated. The Committee must therefore once again express its concern that the vast majority of children working under the minimum age do not benefit from the protection of the Manpower Act. The Committee therefore urges the Government to take the necessary measures to ensure the finalization and adoption of the Act on the protection of children who work outside of an employment relationship in the very near future. It requests the Government to provide a copy of this Act, once adopted.

2. Domestic work. The Committee previously noted the ITUC’s allegation in its communication that young domestic workers routinely work 14–18 hours a day, seven days a week, without a day off. The ITUC indicated that these girls typically entered domestic work between the ages of 12 and 15, with some beginning even earlier, despite the established minimum age of 15. The ITUC further stated that it appeared that the Government had failed to take meaningful action to protect domestic workers – who numbered at a minimum 688,000 children – from exploitation and abuse. In this regard, the ITUC indicated that national labour laws exclude domestic workers from the minimum protections afforded to workers in the formal sector and that laws enacted to protect children from labour exploitation did not address child domestic labour.

The Committee also noted the information in a report entitled “Recognizing domestic work as work”, published by the ILO Country Office in Jakarta in April 2010 that approximately 25 per cent of domestic workers in Indonesia are under the age of 15, but that these children are expected to perform the same amount of work as adult domestic workers. This report further indicated that 81 per cent of domestic workers work 11 hours or more a day, and quotes a study where 93 per cent of domestic worker respondents had experienced physical violence at work. However, the Committee noted the Government’s indication that a draft Act for the protection of domestic workers had been formulated and would be discussed in the Indonesian House of Representatives. The Committee further noted the Government’s indication that it had increased its efforts to prevent children under 15 from working as domestic workers, including through the creation of guidelines and collaboration with local governments to prevent children under 15 from engaging in domestic work and through specialized inspections. The Committee expressed its deep concern at the number and situation of children working as domestic workers, and urged the Government to take measures to ensure the adoption of the draft Act for the protection of domestic workers.

The Committee notes the Government’s statement that the draft Act on the Protection of Domestic Workers has been included in the Register of the National Legislation Programme for 2010–14. The Government indicates that it continues to encourage discussion on this draft Act. The Committee also notes the Government’s indication concerning its work with the ILO–IPEC and the NGO Save the Children, to withdraw child labourers, particularly in the domestic sector. The Government also indicates that the Ministry of Home Affairs will conduct activities under a pilot project entitled “Stop Child Domestic Work” in four provinces, and has provided rehabilitation services to child domestic workers through the Temporary House Shelter for Children. Moreover, the Ministry of Education has established several child-friendly pilot schools for former child labourers, including child domestic workers. Recalling that the Government first referred to the draft Act on the Protection of Domestic Workers in 2008, the Committee urges the Government to take the necessary measures to ensure that this Act is adopted in the near future, and to provide a copy of this legislation once adopted. Taking note of the measures taken by the Government to prevent children under 15 from engaging in domestic work, the Committee urges the Government to pursue and strengthen these efforts, and to provide information on the impact achieved.

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