Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C182

Observation

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Articles 3(a) and 5 of the Convention. Sale and trafficking of children and monitoring mechanisms. In its previous comments, the Committee noted that Act No. 21 of 2007 on trafficking in persons criminalizes the sale, recruitment and transport of persons, including children under the age of 18 years for the purpose of exploitation (sections 1–6, and 17). It also noted the Government’s indication that a Women and Children’s Service Unit was established within the Republic of Indonesia National Police to strengthen the police in its efforts to combat trafficking in persons. It noted that many police officers and prosecutors remained unfamiliar with the anti-trafficking legislation and were reluctant or unsure about how to effectively use this legislation to punish traffickers, and that corruption continued to hinder anti-trafficking efforts. Moreover, information from ILO–IPEC indicated that 18 provinces had established a National Anti-Trafficking in Persons Task Force to optimize the handling of trafficking cases. The Committee further noted from the Government’s report that only three perpetrators of child trafficking were sentenced to imprisonment from four to eight years. The Committee observed that, in the concluding observations of 2014 (CRC/C/IDN/CO/3-4, paragraph 75), the Committee on the Rights of the Child (CRC) expressed concern at the high prevalence of trafficking within the State party and noted that the National Anti Trafficking in Persons Task Force (NAT-Task Force) was not sufficiently effective and that many districts were not covered by the task force.

The Committee notes from the Government’s report under the Forced Labour Convention, 1930 (No. 29), that the NAT-Task Force has been established in each province and a Task Force 115 has been established for the enforcement of anti-trafficking legislation. The Government further states that measures have been taken to strengthen the capacity of officers involved in combating trafficking in persons, including prosecutors, judges, labour inspectors, police officers and immigration officers. The Committee requests the Government to continue to take the necessary measures to strengthen the capacity of law enforcement bodies and the NAT-Task Force to combat trafficking in children, including by means of training on anti-trafficking legislation, identification and assistance of victims and the provision of adequate resources. It asks the Government to continue to provide updated information on the measures taken in this respect, including the measures taken by the Task Force 115, and the results achieved. Furthermore, the Committee requests the Government to take the necessary measures to ensure thorough investigations and prosecutions against persons who engage in the trafficking of children and to provide information on the number of investigations, prosecutions and convictions, as well as the specific penalties imposed in this respect.

Clause (d). Hazardous work. Child domestic workers. In its previous comments, the Committee noted the Government’s statement that a draft Bill on the protection of domestic workers had been formulated and included in the Register of the National Legislation Programme for 2010–14. It also noted that section 4(b) of Regulation No. 2 of 2015 regarding the protection of domestic workers prescribes that a domestic worker shall not be less than 18 years old. The Committee observed, however, that according to an ILO–IPEC project document, organizations of domestic workers considered that the provisions of the Regulation were still below the standards of decent work for a domestic worker and demanded the enactment of a comprehensive bill. The Committee further noted that according to the ILO–IPEC Global Action Programme report of 2015, 35 participants from ministries, police, trade unions and civil society organizations (CSOs) developed a sectoral action plan to eliminate child labour in domestic work in Indonesia which was awaiting endorsement by the Government. The Committee finally noted from the ILO–IPEC 2013 study entitled Child domestic workers in Indonesia: Case studies of Jakarta and Greater areas, that there were approximately 437,000 child domestic workers (CDW) in Indonesia, of whom 49 per cent were below 15 years and 51 per cent between 15 and 17 years of age, in particular girls (approximately 85 per cent). Regarding the working conditions, the average working hours ranged from nine to 16 hours, seven days a week and most of them worked in live-in conditions.

The Committee notes the Government’s information in its report, that the Domestic Workers Protection Bill (DWP Bill) has not yet been discussed in the parliament and was not included in the national legislation programme for 2014–19. The Committee notes from the ILO–IPEC technical progress report of April 2018 of the project entitled PROMOTE: Decent Work for Domestic Workers to End Child Domestic Work (TPR 2018) that an informal network to advocate for and promote the endorsement of the DWP Bill was created. It also notes from the TPR 2018 that three local regulations on the protection of domestic workers were initiated in Bandar Lampung City, South Sulawesi Province and in Malang District. The Committee notes, however, that the CRC, in its concluding observations of 10 July 2014 expressed concern, at the high number of children involved in hazardous work, including in domestic work by children as young as 11 years old (CRC/C/IDN/CO/3-4, paragraph 71). The Committee urges 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. It requests the Government to take the necessary measures to ensure that the DWP Bill is adopted, without delay, in order to ensure the comprehensive protection of children under 18 years from hazardous domestic work. It also requests the Government to provide information on the progress made with regard to the adoption of the local regulations on the protection of domestic workers, initiated in Bandar Lampung City, South Sulawesi Province, and in Malang District.

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 the efforts to protect victims of trafficking remained uneven and inadequate in comparison with the scale of the country’s trafficking problem. It noted the Government’s information that the child social protection shelters, located in Jakarta and 27 other areas of Indonesia, provide services for child victims of trafficking. Moreover, the rehabilitation programmes for child victims of trafficking, which include education and training were provided in one of the 13 nursing/rehabilitation homes owned by the Ministry of Social Affairs across the country.

The Committee notes the Government’s information that a National Action Plan to Prevent Trafficking of Persons 2015–19 was formulated. It also notes from the Government’s report that a Community-based Integrated Child Protection Movement which involves the community in the prevention and early detection of trafficking of children was established in 341 villages in 34 provinces. The Committee requests the Government to provide information on the specific measures taken within the framework of the National Action Plan to Prevent Trafficking of Persons 2015–19 to combat trafficking of children and the results achieved in terms of the number of children withdrawn from trafficking and rehabilitated. Moreover, it requests the Government to provide information on the number of child victims of trafficking who have been identified, removed, and rehabilitated by the Community-based Integrated Child Protection Movement.

2. Commercial sexual exploitation of children. The Committee previously noted the 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 was prevalent in urban areas and tourist destinations. The Committee noted that, according to a report by the Understanding Children’s Work programme 2015, 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 in hotels and other locations through arrangements facilitated by social media. Moreover, Indonesian children were 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 observed that the CRC, in its concluding observations of 2014 (CRC/C/IDN/CO/3-4, paragraph 75), was very concerned about the large number of underage children involved in sex work.

The Committee notes the Government’s information that in 2017, around 280 tourism stakeholders, including hotel and massage parlour administrators, tourist guides, officials in the tourism industry and law enforcement bodies in seven districts were provided training to prevent sexual violence and exploitation of children. Moreover, the Government also formulated a guideline entitled “Child-friendly Tourism Village” which will be applied as part of the Community-based Integrated Child Protection Village in tourism spots. While taking note of the measures taken by the Government the Committee urges it to intensify its efforts to protect children under 18 years of age from commercial sexual exploitation, including in the tourism sector. It requests the Government to continue providing information on the measures taken in this regard and on the number of children who have been removed from commercial sexual exploitation and rehabilitated. Furthermore, the Committee requests the Government to provide information on the impact of the guideline on Child-friendly Tourism Village in preventing children from engaging in commercial sexual exploitation.

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. It further noted that section 9 of the Act on Child Protection of 2002, provides for penalties for persons who involve children in the production, sale and trafficking of drugs. However, the Government indicated 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. Noting the absence of information in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that thorough investigations and 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 as well as the number of investigations, prosecutions and sanctions imposed pursuant to section 9 of the Act on Child Protection of 2002.

Clause (d). Identifying and reaching out to children at special risk. 1. Migrant children. The Committee notes from a report of the UNICEF, entitled Palm Oil and Children in Indonesia – Exploring the sector’s impact on children’s rights, 2016 that children of plantation workers, the majority of whom are internal or transmigrants, are particularly vulnerable to trafficking and child labour. The Committee also notes that the Committee on the Protection of the Rights of all Migrant Workers and Members of their Families (CMW), in its concluding observations of 19 October 2017, expressed concern at the large number of migrant children who are exposed to hazardous conditions of work in mines, offshore fishing, construction sites and quarries, or as domestic workers or sex workers and their vulnerability to trafficking and forced labour (CMW/C/IDN/CO/1, paragraph 32). Noting with concern that migrant children are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly urges the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

2. 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 that the Government had taken 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). Moreover, in districts containing fishing platforms, action committees were established under the action plan for the elimination of the worst forms of child labour.

The Committee notes that the Government merely states that it has intervened in one case of child labour in the fishing sector and removed and provided skill training to the victim. The Committee notes from the ILO Quarterly Report of July–September 2017 of the SEA Fisheries project that Indonesia is one of the primary implementing countries of this project. The project aims to combat trafficking and labour exploitation in fisheries, by strengthening coordination and increasing the efficiency and efficacy of existing initiatives at national and regional levels. The Committee requests the Government to redouble its efforts to withdraw children from hazardous work in fisheries and to provide information on the measures taken to ensure their withdrawal, rehabilitation and social integration, including within the framework of the SEA Fisheries project.

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