Minimum Age Convention, 1973 (No. 138) - Indonesia (RATIFICATION: 1999)

CMNT_TITLE

Article 7 of the Convention. Light work. In its previous comments, the Committee requested the Government to provide information on the measures taken to enforce section 69(2) of the Manpower Act regulating light work of children, as well as information on any violations detected and penalties imposed related to the employment of children aged 13 and 14 years in non-light work activities.

The Government indicates that labour inspectors regularly visit companies to monitor child labour and cases of violations of section 69(2) of the Manpower Act. The Committee takes note of the Government’s information that no cases of children involved in non-light work were detected in the formal sector in 2021.

CMNT_TITLE

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted from the 2009 Indonesia Child Labour Survey that there were approximately 1.76 million children engaged in child labour in Indonesia. It urged the Government to strengthen its efforts to ensure the elimination of child labour and to provide information on the measures taken in this regard.

The Committee takes note of the detailed information provided by the Government in its report concerning the various measures taken to eliminate child labour. These measures include: (i) carrying out awareness-raising activities to prevent and reduce child labour; (ii) disseminating the Child-Labour Free Indonesia Roadmap, pocket books and leaflets to 20 relevant companies, agencies and institutions; (iii) encouraging the private sector to contribute to the prevention of child labour through Corporate Social Responsibility funds; (iv) providing business assistance to parents of children vulnerable to child labour; (v) developing National Guidelines for Community Based Child Labour Elimination in Villages and Districts in collaboration with NGOs; (vi) preparing regional regulations for eliminating child labour; and (vii) reviewing the Child Labour Free Indonesia Roadmap in 2022 and conducting comprehensive collaboration with related ministries and agencies to achieve SDG 8.7 of no child labour by 2030. In addition, several measures to ensure the education of children, particularly children from underprivileged families, remote and disadvantaged areas were implemented through the Smart Indonesia Programme (to prevent children from dropping-out of school) and the National Strategy for Handling Out-of-School children as well as by introducing alternative education through building and equally distributing non-formal education units in remote and disadvantaged areas. Moreover, a Community-based Education/Development Information System was established to identify out-of-school children.

The Government also refers to certain regulations and policies adopted by the Government for the protection of children, in particular the Ministerial Regulation No. 2 of 2020 concerning the 2020-2024 Strategic Plan of the Ministry of Women Empowerment and Child Protection which, amongst others, aims to reduce child labour; and the Social Minister Decree No. 1 of 2018 concerning the Family Hope Program (PPA-PKH programme) which provides cash to very poor households. The Committee further notes the Government’s information that the Ministry of Manpower, through the Family Hope Program, succeeded in removing from work, 11,252 boys and 6,748 girls in 2019, and 4,078 boys and 4,922 girls in 2020 in various sectors. Overall, from 2008 to 2020, the Child Labour Reduction Programme in support of the Family Hope Programme removed a total of 143,456 children from child labour who returned to school.

The Committee, however, notes from the Government’s Combined 5th and 6th periodic report to the Committee on the Rights of the Child of 2021 that according to the findings of the 2019 National Labour Force Survey, 2.36 million (6.35 per cent) of the workforce are children aged 10–17 years (paragraph 282). While taking due note of the measures taken by the Government, the Committee strongly encourages the Government to continue its efforts to ensure the progressive elimination of child labour. It requests the Government to continue to provide information on the measures taken in this regard, and the results achieved in terms of the number of children removed from child labour.

Article 2(1). Scope of application and labour inspection. 1. Informal economy. The Committee previously 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 also noted from the 2009 Indonesia Child Labour Survey Report that, 57 per cent of all working children aged 5–17 years were employed in agriculture, including forestry, hunting and fishery. Moreover, 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.

With regard to the situation of child labour in the agricultural sector, the Government indicates that the labour inspectorate has made efforts to monitor the situation of child labour in this sector through the declaration of child-labour-free oil palm plantation sector in 287 companies in 35 districts/cities in 7 provinces. It also indicates that Government Regulation No. 78 concerning Special Protection for Children in situations of exploitation and Presidential Regulation No. 25 of 2021 concerning Child-Friendly District/City Policies were adopted for protecting children from child labour. The Committee notes from the Government’s report submitted in 2021 under the Labour Inspection Convention, 1947 (No. 81) that focus group discussions and training on handling child labour for labour inspectors were conducted. Noting that a vast majority of children working under the minimum age are involved in informal employment which is not covered by the Manpower Act, the Committee once again urges the Government to take the necessary measures to ensure that the Convention is applied to all children, including children working outside an employment relationship. In this regard, the Committee requests the Government to continue to take the necessary measures to strengthen the capacity and expand the reach of the labour inspectorate services to better monitor children working in the informal economy and on their own account, particularly in the agricultural sector. It requests the Government to continue to provide information on the measures taken in this regard and on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate and the penalties imposed.

2. Domestic work. With regard to the protection of children engaged in domestic work, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that there appeared to be no provisions in the Manpower Act prescribing that a register be kept and made available by the employer.

The Committee notes that the Government has not provided any relevant information in this regard. The Committee therefore once again recalls that Article 9(3) of the Convention requires employers to keep registers containing the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. The Committee once again requests the Government to take the necessary measures, by amendment of the law or regulation, to ensure that all employers are obliged to keep registers of all persons below the age of 18 years who work for them, in conformity with Article 9(3) of the Convention and to provide information on any measures taken in this regard.

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

CMNT_TITLE

Article 7 of the Convention. Light work. In its previous comments, the Committee notes that section 69(1) of the Manpower Act allows the employment of children between 13 and 15 years of age for light work which are not harmful to their physical, mental and social development. It also noted section 69(2) of the Manpower Act which provides that entrepreneurs who employ children in light work may not require them to work longer than three hours a day, may only engage children during the day without disturbing their schooling and must meet their occupational safety and health requirements. However, the Committee also noted the information in the Indonesia Child Labour Survey (2009) that approximately 52 per cent of working children aged 13–14 years were engaged in work that did not constitute light work, amounting to approximately 321,200 children of light-work age performing non-light work activities.

The Committee notes that the Government’s report refers to the measures taken by the Government to reduce child labour in general, such as the Reducing Child Labour as part of the Aspiring Family Programme and the Roadmap Towards Indonesia Free from Child Labour 2022, but does not provide any information with regard to the measures for the effective implementation of section 69(2) of the Manpower Act. The Committee therefore once again requests the Government to provide information on measures taken to enforce section 69(2) of the Manpower Act, including information on any violations detected and penalties imposed related to the employment of children aged 13 and 14 years in non-light work activities.

CMNT_TITLE

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments, the Committee noted from the 2009 Indonesia Child Labour Survey that there were approximately 1.76 million children engaged in child labour in Indonesia. Most of them were employed in agriculture, including forestry, hunting and fishery (57 per cent of all working children aged 5–17). The Committee also noted the Government’s information on the various measures taken to prevent children under the age of 15 from engaging in child labour, such as the Child Social Welfare Programme; the provision of tuition assistance to children who were withdrawn through the Reduction of Child Labour Programme; a conditional cash transfer programme to improve educational access for children from poor families; and a “Roadmap towards a child labour free Indonesia in 2022” (the Roadmap 2022) which was adopted in 2014.

The Committee notes the Government’s information in its report, on its continued efforts in preventing child labour. In this regard, the Committee notes that the Government, through the implementation of Reducing Child Labour as part of Aspiring Family Programme, has removed 105,956 children from child labour, from 2008 up to 2018. It also notes that the Roadmap 2022 has been extended to 12 provinces and the Indonesia Free Child Labour Campaign has reached the stakeholders in three provinces. Moreover, measures have been taken to reinforce labour inspections by: (i) requiring employers to carry out mandatory labour reporting; (ii) carrying out preliminary inspections and thereafter regular inspections within the stipulated period; (iii) conducting special inspections based on public complaints, company requests and /or order from the head of the labour inspectorate; and (iv) conducting re-inspection based on the evaluation of the inspection report of the head of the labour inspectorate. However, the Committee notes that the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child, in their concluding observations of 19 June 2014 and 10 July 2014 respectively, expressed concern at the high prevalence of child labour in the country, including in hazardous work (CRC/C/IDN/CO/3-4, paragraph 71). It also notes that the Committee on the Economic, Social and Cultural Rights expressed concern that the measures taken in 2014 which aimed to reach out to 15,000 children, were not commensurate with the extent of the problem which concerns millions of children (E/C.12/IDN/CO/1, paragraph 23). While noting the steps taken by the Government, the Committee urges it to strengthen its efforts to ensure the elimination of child labour. It requests the Government to continue to provide information on the measures taken in this regard, including expansion of educational policies and awareness-raising measures, and on the results achieved. The Committee also requests the Government to strengthen the labour inspectorate at the national and local levels to help monitor the situation of child labour particularly in the agricultural sector. Lastly, it requests the Government to provide information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions 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 2009 Indonesia Child Labour Survey Report, 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 Committee noted that a draft government regulation protecting children in the informal economy was elaborated pursuant to section 75 of the Manpower Act and that the discussions among ministries and sectors were under way.

The Committee notes the Government’s information that the unit for the supervision of the worst forms of child labour (BPTA) established by the Ministry of Manpower, supervises and monitors the implementation of child labour laws in the informal economy and through the Reducing Child Labour as part of Aspiring Family Programme, removes such children from child labour. The Committee observes that the Government’s report does not contain any information with regard to the adoption of the draft regulation protecting children in the informal economy. Noting once again that the vast majority of children working under the minimum age do not benefit from the protection of the Manpower Act, the Committee once again urges the Government to take the necessary measures to ensure the finalization and adoption of the draft regulation protecting children in the informal economy in the very near future. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the number of children working in the informal economy who have been removed through the Reducing Child Labour as part of Aspiring Family Programme as well as the number of children working in the informal economy who have been identified and prevented by the unit for the supervision of the worst forms of child labour.

2. Domestic work. With regard to the protection of children engaged in domestic work, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that there appeared to be no provisions in the Manpower Act prescribing that a register be kept and made available by the employer. It also noted the Government’s statement that section 6 of Decision No. Kep 115/Men/VII/2004, which requires an entrepreneur who employs children for developing their talents and interests to submit a prescribed report form, was applicable only to employers hiring children for the purposes of artistic performances and similar activities.

The Committee notes the absence of information in the Government’s report on this regard. The Committee recalls that the obligation of the employer under Article 9(3) of the Convention to keep and make available, registers or other documents that contain the names and ages or date of birth of persons under the age of 18 years employed by them, is applicable to working children in all activities and sectors. The Committee therefore requests the Government to take the necessary measures, by amendment of the law or regulation, to prescribe the obligation of employers to keep registers of children employed in all economic activities and not only of those employed for the purposes of artistic performances and similar activities.

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

CMNT_TITLE

Article 7 of the Convention. Light work. The Committee previously noted that section 69(1) of the Manpower Act allows the employment of children between 13 and 15 years of age for light work as long as the job does not stunt or disrupt their physical, mental and social development. Section 69(2) of the Manpower Act further provides that entrepreneurs who employ children in light work may not require them to work longer than three hours a day, may only engage children during the day without disturbing their schooling and must meet their occupational safety and health requirements. However, the Committee also noted the information in the Indonesia Child Labour Survey (2009) that approximately 52 per cent of working children aged 13–14 years were engaged in work that did not constitute light work, amounting to approximately 321,200 children of light-work age performing non-light work activities. The Committee noted the measures taken by the Government to ensure that children aged 13–14 are only engaged in light work activities such as the coaching of enterprises by labour inspectors in order to enforce section 69(2) of the Manpower Act.

The Committee notes the Government’s indication that it has provided continuous guidance to employers and the community regarding child protection, including child labour. The Committee however notes the absence of information regarding measures taken to ensure the effective implementation of section 69(2). The Committee therefore requests the Government to provide information on measures taken to enforce section 69(2) of the Manpower Act, including information on any violations detected and penalties imposed related to the employment of children aged 13 and 14 in non-light work activities.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that there appeared to be no provisions in the Manpower Act prescribing that a register be kept and made available by the employer. However, the Government indicated that the labour inspectorate ensures that employers keep registers of children employed for developing their talents and interests. In this regard, the Committee noted that, pursuant to section 6 of Decision No. Kep 115/Men/VII/2004, an entrepreneur who employs children for developing their talents and interests must submit the prescribed report form. However, the Committee observed that Decision No. Kep-115/Men/VII/2004 appeared to regulate solely the participation of children in artistic activities, such as art shows and television broadcasts, and did not apply to all working children. The Committee took note of the copy of the prescribed report form determining the protection of children performing work for developing their talents and interests. It requested the Government to provide information on the scope of application of this Decision.

The Committee notes the Government’s statement that Decision No. Kep 115/Men/VII/2004 is only applicable to employers hiring children for the purposes of artistic performances and similar activities. The Committee recalls that Article 9(3) of the Convention requires the Government to prescribe that registers or other documents shall be kept and made available by the employer for the persons whom he/she employs or who work for him/her and who are less than 18 years of age. This obligation is applicable to working children in all activities and sectors. The Committee therefore requests the Government to take the necessary measures, by amendment of the law or regulation, to prescribe the obligation of employers to keep registers of children employed in all economic activities and not only of those employed for the purposes of artistic performances and similar activities.

CMNT_TITLE

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the information in the 2009 Indonesia Child Labour Survey that there were approximately 1.76 million children engaged in prohibited child labour in Indonesia. 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 noted 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 and the provision of tuition assistance to children who were withdrawn through the Reduction of Child Labour Programme. The Government has also been implementing a conditional cash transfer programme to improve educational access for children from poor families, with the reduction of child labour as a key indicator of the programme.

The Committee notes the Government’s indication that a “Roadmap towards a child labour free Indonesia in 2022” (the Roadmap) has been adopted in 2014. The Roadmap, which is outlined in the Action Programme, is divided into three phases (2014–16, 2017–19 and 2020–22) with four priority programmes, including regulatory framework and law enforcement, education and training, social protection and labour market policies. The Government indicates that the first phase has started with activities such as incorporating the issues of child labour as a key performance indicator of the Ministry of Manpower and creating a child labour-free zone in the industrial area of Makassar. 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 requests 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. The Committee calls on the Government to strengthen the labour inspectorate at the national and local levels to help monitor the situation of child labour. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including information from the labour inspectorate on the number and nature of contraventions 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 2009 Indonesia Child Labour Survey Report, 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. 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 that a draft government regulation, aimed at protecting 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 the Ministry of Manpower has established a unit for the supervision of the elimination of the worst forms of child labour (BPTA) outside an employment relationship. However, the Committee notes with regret that the draft regulation protecting children in the informal economy is still under discussion across ministries and sectors. The Committee must 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 draft regulation protecting children in the informal economy in the very near future. It requests the Government to provide a copy of this Act, once adopted. The Committee also requests the Government to provide information of the activities of the unit in charge of supervising children working outside an employment relationship.

2. Domestic work. With regard to the protection of children engaged in domestic work, the Committee requests the Government to refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

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

CMNT_TITLE

Article 7 of the Convention. Light work. The Committee previously noted that section 69(1) of the Manpower Act allows the employment of children between 13–15 years of age for light work as long as the job does not stunt or disrupt their physical, mental and social development. Section 69(2) of the Manpower Act further provides that entrepreneurs who employ children in light work may not require them to work longer than three hours a day, may only engage children during the day without disturbing their schooling and must meet their occupational safety and health requirements. However, the Committee also noted the information in Indonesia Child Labour Survey (2009) that approximately 52 per cent of working children aged 13–14 years engaged in work that did not constitute light work, amounting to approximately 321,200 children of light work age performing non-light work activities. The Committee requested information on measures taken to ensure that children aged 13–14 are only engaged in light work activities.

The Committee notes the Government’s statement that labour inspectors have conducted coaching for enterprises to enforce section 69(2) of the Manpower Act. The Government also indicates that if enterprises employ children under the ages of 13 and 14 in difficult labour, the inspector will provide a memorandum of inspection in order to provide guidance to the enterprise. If the enterprise ignores this guidance several times, the Government indicates that the inspection will be followed by the initiation of a court case by the Civilian Investigators of the State (Penyidik Pegawai Negeri Sipil). Taking due note of the information provided, the Committee requests the Government to continue to provide information on measures taken to enforce section 69(2) of the Manpower Act, including information on any violations detected, prosecutions initiated, convictions or penalties imposed related to the employment of children aged 13 and 14 in non light work activities.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that there appeared to be no provisions in the Manpower Act prescribing that a register be kept and made available by the employer, as required by Article 9(3) of the Convention. However, the Government indicated that the labour inspectorate ensures that employers keep registers of children employed for developing their talents and interests. In this regard, the Committee noted that, pursuant to section 6 of Decision No. Kep 115/Men/VII/2004, an entrepreneur who employs children for developing their talents and interests must submit the prescribed report form. However, the Committee observed that Decision No. Kep-115/Men/VII/2004 appeared to regulate solely the participation of children in artistic activities, such as art shows and television broadcasts, and did not apply to all working children.

The Committee notes the copy of the report form prescribed under Decision No. Kep-115/Men/VII/2004, determining the protection for children performing work for developing their talents and interests, submitted with the Government’s report. It notes that the prescribed report form (to be submitted by all entrepreneurs who employ children for developing their talents and interest) includes the name of the child, their date and place of birth, their address, the date they were hired, in addition to the company’s location where the children are employed. The Committee requests the Government to provide information on whether Decision No. Kep 115/Men/VII/2004 applies to all employers who engage a child in an economic activity, or only to those employers who engage children for the purposes of artistic performances and similar activities.

CMNT_TITLE

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.

CMNT_TITLE

Article 2(1) of the Convention. Scope of application. 1. Self-employment. The Committee previously noted the indication of the International Trade Union Confederation (ITUC) that child labour was widespread in Indonesia and that it mostly took place 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) appears to exclude from its application children who are engaged in self-employment or working without a clear wage relationship. The Committee further 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.

The Committee notes the information in the Government’s report that the draft government regulation regarding children working outside the framework of an employment contract is still under discussion by the technical unit of the Ministry of Manpower. The Government indicates that it continues to identify issues on this subject, and is seeking further input from experts in this regard. The Committee also notes the information in the Indonesia Child Labour Survey Report released on 11 February 2010 (Indonesia Child Labour Survey (2009)) that 12.7 per cent of all working children between the ages of 5–12 are self-employed. The Survey also indicates that unpaid family workers constitute 82.5 per cent of all working children between the ages of 5–12, and 81.5 of all working children aged 13–14. The Committee observes 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. The Committee therefore expresses its concern that the vast majority of children working under the minimum age do not benefit from the protection of the Manpower Act. Observing that the Manpower Act (obligating the Government, pursuant to section 75, to address the issue of children working outside of an employment relationship) has been in force since 2003, the Committee strongly urges the Government to take the necessary measures to ensure the completion and adoption of a government regulation regarding children working outside of an employment relationship, in the very near future. It requests the Government to provide a copy of this government regulation as soon as it has been adopted.

Domestic work. The Committee previously noted the ITUC’s allegation in its communication of 6 September 2005 that domestic workers as young as 12 years 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 12–15, 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 Government’s indication that a draft Act for the Protection of Domestic Workers had been formulated, but had yet to be elaborated. The Committee urged the Government to take measures to ensure that children under 15 do not perform domestic work.

The Committee notes the Government’s statement that it has increased its efforts to prevent children under 15 from working as domestic workers. The Government indicates that the Ministry of Women’s Empowerment has created guidelines to prevent children under 15 from engaging in domestic work and that these guidelines have been disseminated to various employers, in collaboration with NGOs. The Government also indicates that it has worked with heads of local government to form a joint commitment to prevent children under 15 from engaging in domestic work. The Committee further notes the Government’s indication that a workshop on withdrawing child domestic workers was organized for labour inspectors in several areas, including Bakasi, Tangerang and South Tangerang. In addition, the Committee 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. The ILO Jakarta report also indicates 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. The ILO Jakarta report further indicates 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. The Committee once again expresses its deep concern at the number and situation of children working as domestic workers, and urges the Government to take the necessary measures to ensure that the draft Act for the Protection of Domestic Workers is adopted in the near future. It requests the Government to provide a copy of this legislation, once adopted.

Article 7. Light work. The Committee previously noted that section 69(1) of the Manpower Act allows the employment of children between 13–15 years of age for light work as long as the job does not stunt or disrupt their physical, mental and social development. Section 69(2) of the Manpower Act further provides that entrepreneurs who employ children in light work may not require them to work longer than three hours a day, may only engage children during the day without disturbing their schooling and must meet their occupational safety and health requirements.

The Committee notes the information in Indonesia Child Labour Survey (2009) that approximately 52 per cent of working children aged 13–14 years engaged in work that did not constitute light work. This amounts to approximately 321,200 children of light work age performing non-light work activities. The Committee therefore requests the Government to provide information on any measures, taken or envisaged, to strengthen the enforcement of section 69(2) of the Manpower Act (prescribing the conditions for light work), to ensure that children aged 13–14 are only engaged in light work activities.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that there appeared to be no provisions in the Manpower Act prescribing that a register be kept and made available by the employer. It noted the Government’s information that the labour inspectorate ensures that employers keep registers of children employed for developing their talents and interests. The Committee requested the Government to provide a copy of the relevant forms.

The Committee notes that, pursuant to section 6 of Decision No. Kep‑115/Men/VII/2004, an entrepreneur who employs children for developing their talents and interests must submit the prescribed report form, and notes the copy of the report form submitted with the Government’s report. However, the Committee observes that Decision No. Kep-115/Men/VII/2004 appears to regulate solely the participation of children in artistic activities, such as art shows and television broadcasts, and does not apply to all working children. The Committee also notes the copy of Regulation No. 02/MEN/1981 included in the Government’s report, which provides guidelines for a company report, and the attached company report form. However, the Committee observes that this company report form does not appear to comply with the requirements of an employer’s register as set forth in Article 9(3) of the Convention. While Part 8 of the company report form requires employers to indicate the number of young persons employed, it does not require them to indicate the names or ages of these young workers. Moreover, the Committee notes that Act No. 7 of 1981 (pursuant to which Regulation No. 02/MEN/1981 was promulgated), specifies that this company report form must only be submitted annually, or when an enterprise is established, moved or liquidated. In this regard, the Committee notes that this company report does not appear to be kept by the employer and made available to labour inspectors. Observing that neither the report forms provided for under Decision No. Kep-115/Men/VII/2004 nor under Regulation No. 02/MEN/1981 meet the requirements set forth in Article 9(3) of the Convention, the Committee urges the Government to take the necessary measures to ensure that every employer, regardless of the type of work performed, keeps a register indicating the name and age or date of birth of persons whom he/she employs who are less than 18 years of age, in the very near future.

Part V of the report form. Application of the Convention in practice. The Committee previously noted the ILO–IPEC project entitled “Enhancing national capacity in child labour data collection, analysis and dissemination through technical assistance to surveys, research and training” which aimed to conduct a nationwide child labour survey and promote more effective national responses to child labourers and at-risk children.

The Committee notes the information in the Indonesia Child Labour Survey (2009) that there are 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). This represents 43.3 per cent of all working persons under 18. Most working children (57 per cent of working children aged 5–17) were employed in agriculture, including forestry, hunting and fishery. The Indonesia Child Labour Survey (2009) further indicates 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 expresses its concern at the high number of children working under the minimum age, and requests the Government to redouble its efforts to ensure that, in practice, children under the minimum age of 15 are not engaged in child labour. It requests the Government to provide information on the impact of the measures taken, in addition to information on the manner in which the Convention is applied, including extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied. To the extent possible, statistics should be disaggregated by gender.

CMNT_TITLE

Article 2, paragraph 1, of the Convention. Scope of application. 1. Self-employment. The Committee had previously noted the indication of the International Trade Union Confederation (ITUC), according to which child labour was widespread in Indonesia and most child labour took place in informal, unregulated activities, such as street vending, agricultural and domestic sectors. The Committee had also noted that Act No. 13 of 2003 (Manpower Act) appears to exclude from its application children who are engaged in self-employment or in employment without a clear wage relationship. The Committee notes the Government’s information that three workshops, with representatives from governmental and non-governmental organizations, as well as universities and the police force, were conducted in 2006 and 2007 to discuss appropriate solutions to deal with the situation of children working outside an employment relationship. The Government also indicates that a draft Government regulation on guidance concerning children working outside an employment relationship has been elaborated which aims to protect self-employed children, in accordance with section 75 of the Manpower Act. The Committee expresses the hope that the draft Government regulation on guidance concerning children working outside an employment relationship will be adopted in the very near future. It requests the Government to provide a copy of the draft Government regulation as soon as it has been adopted and to provide information on the progress made in this regard.

2. Domestic work. The Committee had previously noted the ITUC’s allegation in its communication of 6 September 2005 that girls as young as 12 years routinely work 14–18 hours a day, seven days a week, without a day off. It had noted the ITUC’s information that, although Indonesia ratified the Minimum Age Convention, 1973 (No. 138), and national law sets the minimum age for employment at 15 years, girls were found typically entering domestic work between the ages of 12 and 15, and some begin work even earlier. The Committee had also noted that the ITUC had indicated that it appeared that the Government had failed to take meaningful action to protect domestic workers – who number at a minimum 688,000 children – from exploitation and abuse, and that laws enacted to protect children from labour exploitation do not address child domestic labour.

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 (APPSI) 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 that the Ministry of Manpower of Indonesia needs to be supported to set a legal framework for the protection of domestic workers. In this regard, the Committee notes the Government’s information 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 further notes the Government’s information that, in collaboration with non-governmental organizations, it has been making efforts to protect domestic workers, including emphasizing to APPSI the need to undertake to not supply children under 15 years of age for domestic work. The Committee once again expresses its deep concern at the situation of children under the age of 15 who work as domestic workers. It urges the Government to redouble its efforts to improve the situation and to ensure that children under 15 do not perform domestic work. It 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 domestic workers benefit from the protection of the Convention. It also asks the Government to provide information in its next report on progress made in this regard.

Article 7. Light work. The Committee had previously noted the Government’s statement that ongoing discussions were being held regarding the criteria for the types of light work activities that may be performed by children aged between 13 and 15 years. It notes the Government’s information that activities which may be performed by children between 13 and 15 years of age are regulated by section 71 of the Manpower Act and by Ministerial Decree No. Kep 115/MEN/VII/2004, which establish the conditions under which children may be employed for developing talents and interests. The Committee observes that section 15 of the Ministerial Decree establishes some conditions for the employment of children under 15 years of age: obligation of a written agreement; assignment to be undertaken outside school hours; maximum working period of three hours a day and 12 hours a week; and respect of occupational safety and health regulations. However, the Committee also observes that no minimum age is set for children employed for developing talents and interests. If the Government intends to define light work activities as being activities for developing talents and interests, the Committee must remind the Government that, according to Article 7, paragraph 1, of the Convention, national laws or regulations may permit persons from 13 to 15 years of age to undertake light work. The Committee therefore requests the Government to take measures to ensure that only children aged at least 13 years are allowed to work or be employed for light work activities, including activities for developing talents and interests. It asks the Government to provide information on developments in this regard.

Article 9, paragraph 3. Keeping of registers. In its previous comments, the Committee had noted that there is no provision in the Manpower Act, or in any other available legislation, prescribing that a register be kept and made available by the employer. It had noted the Government’s information that the labour inspectorate ensures that employers keep registers of children employed for developing their talents and interests. The Committee further notes that, while the Government indicates that it has attached a copy of the register form to its report, no such form was in fact sent to the Office. Noting the lack of information in the Government’s report on this point, the Committee once again requests the Government to indicate whether – apart from the case of employers who employ children for developing their talents and interests – registers are kept by employers containing the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. If so, the Committee once again requests the Government to provide a copy of the register form. If not, it urges the Government to take the necessary measures to ensure that every employer, regardless of the number of the persons he/she employs and of the type of work, keeps a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age, in the very near future.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to 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, reliable national-level information on children in the age group of 5 to 17 years engaged in economic activities does not exist in Indonesia. It notes that the project aims to conduct a nationwide child labour survey as an add-on to a regular nationwide survey implemented by the national statistical office, BPS-Statistics Indonesia. The project will promote more effective national responses to child labourers and at-risk children by building national capacity in the collection and use of data upon which these responses are based. The Committee requests the Government to provide statistical data on the employment of children and young persons once it is available. It also requests the Government to provide information on the manner in which the Convention is applied, including extracts from the reports of inspection services, information on the number and nature of contraventions reported and penalties applied.

CMNT_TITLE

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

Article 3, paragraphs 1 and 2, of the Convention. Minimum age for admission to, and determination of, 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 (eighteen) years of age shall be prohibited from taking up a job and/or being employed in a job that jeopardizes the children’s health, safety or morals”. It also notes that the Attachment to Decision No. Kep-235/Men/2003 contains a comprehensive list of types of work that endanger the health, safety, and morals of children under 18 years 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 in contact with radioactive material); work involving chemical hazards; work involving biological hazards; work subject to certain hazardous nature and 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 7. Light work. The Committee had previously noted the Government’s statement that ongoing discussions were being held regarding the criteria for the types of light work activities that may be performed by children aged between 13 and 15 years. The Committee notes the Government’s information that, currently, the Government of Indonesia is still undertaking discussions with the various stakeholders in determining the types of work which can be performed by children aged 13–15 years. It requests the Government to keep it informed on any progress made towards the adoption of a regulation determining light work activities which may be performed by children between 13 and 15 years of age.

Article 8. Artistic performances. The Committee notes with interest that Decision No. Kep-115/Men/VII/2004, supplied by the Government, establishes the conditions under which children may be employed for developing talents and interests. In particular, section 15 of this Decision establishes some conditions for the employment of children under 15 years of age: obligation of a written agreement; assignment to be undertaken outside school hours; maximum working period of three hours a day and 12 hours a week; respect of occupational safety and health regulations. According to section 6 of the same Decision, an employer who employs children aged under 15 years for developing their talents and interests shall submit to the authorized manpower institution a “report” form which includes information on the child, his/her parents or guardians, employment date, type of job and number of working hours. The Committee takes due note of this information.

Article 9, paragraph 3. Keeping of registers. In its previous comments, the Committee had noted that there is no provision in the Manpower Act or in any other available legislation prescribing that a register be kept and made available by the employer. It notes the Government’s information that the labour inspectorate ensures that employers keep registers of children employed for developing their talents and interests. The Committee requests the Government to indicate whether – apart from the case of employers who employ children for developing their talents and interests – registers are kept by employers containing the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age. If so, the Committee requests the Government to provide a copy of the register form. If not, it requests the Government to take the necessary measures to ensure that every employer, regardless of the number of the persons he/she employs and of the type of work, keeps a register indicating the name and age or date of birth, duly certified whenever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Convention is applied through: mapping child labour in cooperation with the Central Bureau of Statistics (BPS); establishing programmes aimed at preventing and combating child labour; raising awareness on the harmful effects of employing children; performing inspections on child labour; handling all cases found during inspection. However, the Committee notes the absence of statistical information on the employment of children and young persons under 15 years of age. The Committee therefore requests the Government to provide statistical data on the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, and penalties applied.

CMNT_TITLE

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 supply further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application.
1. Self‑employment. The Committee had previously noted the ITUC’s indication that child labour was widespread in Indonesia and that most child labour took place in informal unregulated activities, such as street vending, agricultural and domestic sectors. The Committee had also noted that Act No. 13 of 2003 (Manpower Act) appears to exclude from its application children who are engaged in self-employment or in employment without a clear wage relationship. It had further noted that the Government was in process of formulating a regulation concerning children working in the informal sector, in conformity with section 75 of the Manpower Act. The Committee notes the Government’s statement that at the moment it is still coordinating with stakeholders concerning an arrangement for children working outside an employment relationship. The Committee requests the Government to provide information on any progress made towards the adoption of a regulation concerning children working outside an employment relationship.

2. Domestic work. The Committee notes the ITUC’s allegation in its communication of 6 September 2005 that girls as young as 12 years routinely work 14–18 hours a day, seven days a week, without a day off. Moreover, according to the ITUC, many child domestic workers are promised decent wages, good working conditions and the opportunity to attend school, but these promises have rarely materialized. Very few are able to attend formal school, and most receive wages far below the minimum wage in the formal sector. Some receive no wages at all. The Committee notes the ITUC’s information that, although Indonesia ratified the Minimum Age Convention, 1973 (No. 138), and national law sets the minimum age for employment at 15 years, girls were found typically entering domestic work between the age of 12 and 15 and some begin work even earlier. The ITUC adds that it would appear that the Government had failed to take meaningful action to protect domestic workers – who number at minimum 688,000 children – from exploitation and abuse. National labour laws exclude domestic workers from the minimum protections afforded to workers in the formal sector, such as the minimum wage, hours of work, rest, holidays, employment contract and social security. Laws enacted to protect children from labour exploitation do not address child domestic labour.

The Committee notes the Government’s information submitted in its report under Convention No. 182 that it is in the process of regulating domestic work, including protecting child domestic workers. The Committee expresses its deep concern at the situation of children under the age of 15 who work as domestic workers. It strongly encourages the Government to redouble its efforts to improve the situation and to ensure that children under 15 do not perform domestic work. It requests the Government to take all the necessary measures to ensure that the above regulation is adopted as soon as possible so that child domestic workers benefit from the protection laid down in the Convention.

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

CMNT_TITLE

The Committee 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 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee had noted that section 1(3), of Act No. 13, of 2003 (Manpower Act), read in conjunction with section 50 of the same Act, stipulates that a worker is every person who works for a wage or other form of remuneration and that an employment relation exists because of the existence of a work agreement between the entrepreneur and the worker/labourer. It would appear that the Manpower Act excludes from its application children who are engaged in self-employment or in employment without a clear wage relationship. The Committee notes that the Government has agreed to formulate a bill on government regulation concerning handling working children in the informal sector in conformity with section 75, of Act No. 13, of 2003, which stipulates that the Government is obliged to make efforts to overcome problems concerning children who work outside an employment relationship and that such efforts shall be determined in a Government regulation. The Committee requests the Government to provide a copy of the new legislation as soon as it has been adopted.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that the Government, after consultations with organizations of employers and workers concerned, has issued regulations determining which types of hazardous work for children under 18 years of age, as required by Article 3, paragraph 2. It requests the Government to supply a copy of Decision No. Kep‑235/Men/2003 concerning the types of work harmful to the health, safety and morals of the child.

Article 7, paragraph 3. Determination of types of light work. The Committee notes that section 69(1) of the Manpower Act allows the employment of children aged between 13 and 15 years of age for light work as long as the job does not stunt or disrupt their physical, mental and social development, in accordance with Article 7, paragraph 1, of the Convention. The Committee further notes that section 69(2) of the Manpower Act provides that entrepreneurs who employ children for light work as referred to under subsection (a) must meet the following requirements: (a) the entrepreneurs must not require the children to work longer than three hours a day; (b) the entrepreneurs shall employ the children to work only at day or during the day without disturbing their schooling; (e) in employing the children, the entrepreneurs shall meet occupational safety and health requirements. The Committee recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee takes note of the Government’s report in which it states that ongoing discussions are being held regarding the criteria for the types of light work activities that may be performed by children aged between 13 and 15 years old. Once agreement has been reached upon the criteria in question, the types of light work activities will be determined in a Government regulation. The Committee requests the Government to provide a copy of the Government regulation determining light work activities once it has been adopted.

Article 8. Artistic performances. In its previous comments, the Committee had noted that section 71(1) of the Manpower Act provides that children may work or have a job in terms of developing their talents and interests. The Committee had noted that under subsection (2) of section 71 of the Manpower Act, entrepreneurs who employ children as referred to under subsection (1) are under an obligation to meet the following requirements: (a) that the children are put under direct supervision of their parents or guardians; (b) that the children are not required to work longer than three hours a day; and (c) that the working conditions and environment where the children work do not disrupt their physical, mental and social development, as well as their education and attendance at school. The Committee had also noted that subsection (3), of section 71, of the Manpower Act provides that provisions concerning children who work to develop their talents and interests, as referred to under subsections (1) and (2), shall be regulated with a ministerial decision. The Committee had requested the Government to indicate if such a ministerial decision had been issued. The Committee notes that the Government, after discussions with the organizations of employers and workers concerned, has adopted a decision regulating the work performed by children developing their talents and interests, as required by subsection (3), of section 71, of the Manpower Act. The Committee requests that the Government provide a copy of the Decision No. Kep-115/Men/VII/2004 concerning the protection of children who work to develop talents and interests.

The Committee notes the Government’s indication that children or young persons of compulsory school age may undertake artistic activities. The Committee recalls that recourse to this provision of the Convention is conditional upon the granting of individual permits for such purposes as artistic performances, specifying the number of hours during which and the conditions in which employment or work is allowed. The Committee notes the Government’s statement that persons who employ talented children have an obligation to report this to the competent authority at the municipality/district level, and to submit copies to the Minister of Manpower and Transmigration, by using report forms provided by the authorities. The report should be received no later than 14 days prior to employment. The Committee requests the Government to indicate whether these reports specify the number of hours during which, and the conditions in which, employment or work is allowed, as required by Article 8, paragraph 2, of the Convention.

Article 9, paragraph 3. Keeping of registers. In its previous comments, the Committee noted that there is no provision in the Manpower Act or in any other available legislation that prescribes that a register is kept and made available by the employer. The Committee recalls that, under Article 9, paragraph 3, of the Convention, such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. As the Government’s report does not contain information on this issue, the Committee again asks the Government to indicate measures taken or envisaged to comply with the Convention concerning the keeping of registers.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government’s report contains no information on the general application of the Convention. It therefore invites the Government to supply information on the manner in which the Convention is applied, including, for example the report of inspection services and information on the number and nature of contraventions reported.

CMNT_TITLE

Article 2, paragraph 1, of the Convention. 1. Scope of application. In its previous comments, the Committee had noted that section 1(3), of Act No. 13, of 2003 (Manpower Act), read in conjunction with section 50 of the same Act, stipulates that a worker is every person who works for a wage or other form of remuneration and that an employment relation exists because of the existence of a work agreement between the entrepreneur and the worker/labourer. It would appear that the Manpower Act excludes from its application children who are engaged in self-employment or in employment without a clear wage relationship. The Committee notes that the Government has agreed to formulate a bill on government regulation concerning handling working children in the informal sector in conformity with section 75, of Act No. 13, of 2003, which stipulates that the Government is obliged to make efforts to overcome problems concerning children who work outside an employment relationship and that such efforts shall be determined in a Government regulation. The Committee requests the Government to provide a copy of the new legislation as soon as it has been adopted.

2. Minimum age for admission to work or employment. The Committee had previously noted that section 68 of the Manpower Act provides that entrepreneurs are not allowed to employ children, and that a child is a person under 18 years of age by virtue of section 1(26). The Committee had requested the Government to indicate the application of these provisions in practice. The Committee notes the Government’s indication that in practice, children between 15 and 18 years of age are only allowed to carry out work that does not stunt or disrupt their physical, mental and social development.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that the Government, after consultations with organizations of employers and workers concerned, has issued regulations determining which types of hazardous work for children under 18 years of age, as required by Article 3, paragraph 2. It requests the Government to supply a copy of Decision No. Kep-235/Men/2003 concerning the types of work harmful to the health, safety and morals of the child.

Article 6. 1. Apprenticeship. In its previous comments, the Committee noted that section 70(1) of the Manpower Act stipulates that children may be allowed to do a job or a piece of work at a workplace as part of their school’s education curriculum or training which has been made legal by the authorities. Subsection (2) states that these children may not be younger than 14 years of age. The Committee notes the Government’s indication that the sort of jobs authorized by virtue of section 70(1) of the Manpower Act should meet the requirements of section 70(3) of the Act: (a) that the children are given clear-cut instructions on how to do their jobs as well as guidance and supervision on how to carry out the work; and (b) that the occupational safety and health of the children are protected. The Committee takes due note of this information.

2. Vocational training. In its previous comments, the Committee noted that section 4 of the draft Government regulation on the protection of working children provides that children aged 13-15 years old may take a job as a part of the curriculum of their education or training. The Committee recalls that Article 6 of the Convention only permits exceptions in the case of work done by children and young persons in schools for general, vocational or technical education or in other training institutions, where such work is carried out in accordance with conditions prescribed by the competent authority and is an integral part of a course of education or a training programme. The Committee requests the Government to provide a copy of the abovementioned draft Government regulation once it has been adopted.

Article 7, paragraph 3. Determination of types of light work. The Committee notes that section 69(1) of the Manpower Act allows the employment of children aged between 13 and 15 years of age for light work as long as the job does not stunt or disrupt their physical, mental and social development, in accordance with Article 7, paragraph 1 of the Convention. The Committee further notes that section 69(2) of the Manpower Act provides that entrepreneurs who employ children for light work as referred to under subsection (a) must meet the following requirements: (a) the entrepreneurs must not require the children to work longer than three hours a day; (b) the entrepreneurs shall employ the children to work only at day or during the day without disturbing their schooling; (e) in employing the children, the entrepreneurs shall meet occupational safety and health requirements. The Committee recalls that according to Article 7, paragraph 3,of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee takes note of the Government’s report in which it states that ongoing discussions are being held regarding the criteria for the types of light work activities that may be performed by children aged between 13 and 15 years old. Once agreement has been reached upon the criteria in question, the types of light work activities will be determined in a Government regulation. The Committee requests the Government to provide a copy of the Government regulation determining light work activities once it has been adopted.

Article 8. Artistic performances. In its previous comments, the Committee had noted that section 71(1) of the Manpower Act provides that children may work or have a job in terms of developing their talents and interests. The Committee had noted that under subsection (2) of section 71 of the Manpower Act, entrepreneurs who employ children as referred to under subsection (1) are under an obligation to meet the following requirements: (a) that the children are put under direct supervision of their parents or guardians; (b) that the children are not required to work longer than three hours a day; and (c) that the working conditions and environment where the children work do not disrupt their physical, mental and social development, as well as their education and attendance at school. The Committee had also noted that subsection (3), of section 71, of the Manpower Act provides that provisions concerning children who work to develop their talents and interests, as referred to under subsections (1) and (2), shall be regulated with a ministerial decision. The Committee had requested the Government to indicate if such a ministerial decision had been issued. The Committee notes that the Government, after discussions with the organizations of employers and workers concerned, has adopted a decision regulating the work performed by children developing their talents and interests, as required by subsection (3), of section 71, of the Manpower Act. The Committee requests that the Government provide a copy of the Decision No. Kep-115/Men/VII/2004 concerning the protection of children who work to develop talents and interests.

The Committee notes the Government’s indication that children or young persons of compulsory school age may undertake artistic activities. The Committee recalls that recourse to this provision of the Convention is conditional upon the granting of individual permits for such purposes as artistic performances, specifying the number of hours during which and the conditions in which employment or work is allowed. The Committee notes the Government’s statement that persons who employ talented children have an obligation to report this to the competent authority at the municipality/district level, and to submit copies to the Minister of Manpower and Transmigration, by using report forms provided by the authorities. The report should be received no later than 14 days prior to employment. The Committee requests the Government to indicate whether these reports specify the number of hours during which, and the conditions in which, employment or work is allowed, as required by Article 8, paragraph 2, of the Convention.

Article 9, paragraph 3. Keeping of registers. In its previous comments, the Committee noted that there is no provision in the Manpower Act or in any other available legislation that prescribes that a register is kept and made available by the employer. The Committee recalls that, under Article 9, paragraph 3, of the Convention, such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. As the Government’s report does not contain information on this issue, the Committee again asks the Government to indicate measures taken or envisaged to comply with the Convention concerning the keeping of registers.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government’s report contains no information on the general application of the Convention. It therefore invites the Government to supply information on the manner in which the Convention is applied, including, for example the report of inspection services and information on the number and nature of contraventions reported.

CMNT_TITLE

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee had noted the communication of the International Confederation of Free trade Unions (ICFTU) dated 25 June 2003, containing comments on the application of the Convention by Indonesia. The ICFTU alleged that child labour is widespread in Indonesia and that most child labour takes place in informal unregulated activities, such as street vending, agricultural and domestic sectors. According to the ICFTU, however, child labour is pervasive also in formal activities, such as construction, factory employment, mining and fishing. In reply to the comments made by the ICFTU, the Government indicated that for developing countries like 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, cultural aspects and community awareness.

In its previous observation, the Committee had noted the various efforts undertaken by the Government in order to eliminate or at least reduce child labour, in particular those made in collaboration with ILO/IPEC. It had invited the Government to increase its efforts in this regard in order to make substantial progress and to provide precise information on the measures taken to combat child labour in practice.

The Committee observes that the Government in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), indicates that an Indonesian Tripartite Action Plan for Decent Work was adopted on 29 October 2002 at the Tripartite Consultative Group Meeting at the ILO, Jakarta Office. This action plan focuses on providing a strategic framework for the Government, 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 child labour, including its worst forms, the reduction of poverty, the creation of employment opportunities, and collecting data on the situation of workers in the country. The plan provides for the launching of awareness campaigns on child labour, as well as for specific programmes to be established concerning child domestic workers, child labour in hazardous occupations such as mining, fishing and agriculture. Further actions include advisory support on labour law reforms.

Furthermore, the Committee notes, with interest, the National Action Plan to prevent and eliminate the worst forms of child labour, which was launched in 2003, with the support of ILO/IPEC. This National Action Plan calls for a National Action programme to be developed in order to achieve the objectives of the National Action Plan. This national action programme is the Time-Bound Programme (TBP) framework in Indonesia, which is supported by the ILO/IPEC and will run from 2003 to 2007. The 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 concerning child labour. The second part will involve targeted interventions in five sectors identified by the National Action Plan as priority areas for the elimination of child labour. The Committee notes that a total of 26,350 children 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 area. The Committee further notes that a special project within the National Action Plan targeting children working on fishing platforms is under way. This project aims at reducing the number of children less than 18 years of age working on fishing platforms from 7,000 to 1,000 in five years’ time.

In addition, the Committee notes the Government’s indication that it has taken a number of measures to prevent the engagement of children in child labour. These include: (a) an ILO programme, which was launched in 2002, to identify effective ways of addressing child domestic workers who are often exploited; (b) an ILO/IPEC project, launched in 1999, which is aimed at preventing children from engaging in hazardous work in the footwear industry; and (c) an ILO/IPEC programme, launched in 2003, that aims at preventing children from working in mines. The latter project aims at ensuring that children below the age of 15 years remain in school instead of working in mines, and the project will therefore also support actions aimed at increasing the number of schools and teachers. As alternative income for parents also appears to be essential to keep children out of mines, the project will explore other feasible income-generating activities such as agriculture and farming.

Finally, the Committee notes that the Government, in collaboration with ILO/IPEC, has promoted direct assistance for the removal of children from child labour. The Committee observes that, since 1999, ILO/IPEC has been implementing a project aimed at eliminating child labour in footwear workshops. At the end of the project in July 2004, almost all child labourers in this sector will be withdrawn.

The Committee notes the Government’s statement to the Committee on the Rights of the Child (CRC/C/65/Add.23, additional report, 2 January 2004, pages 113-114) that Indonesia counts 60,000 to 70,000 street children. 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), where it is expected that with the provision of shelters, street children will reduce their time spent on the street.

The Committee proposes to examine more specifically the implementation of all the above-mentioned projects as well as results achieved, under the Worst Forms of Child Labour Convention, 1999 (No. 182).

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

CMNT_TITLE

The Committee notes the Government’s first and second reports. The Committee also notes the adoption of Act No. 13 of 2003 concerning manpower dated 25 February 2003. It notes with interest that Indonesia ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 28 March 2000. The Committee requests the Government to provide further information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. The Committee notes that section 1(3) of the Manpower Act states that a worker/labourer is every person who works for a wage or other form of remuneration. Section 3(4) of the Manpower Act provides that an employer shall refer to individuals, entrepreneurs, legal entities or other bodies that employ manpower by paying them wages or other forms of remuneration. The Committee also notes that section 50 of the Manpower Act stipulates that an employment relation exists because of the existence of a work agreement between the entrepreneur and the worker/labourer. It would appear that the Manpower Act excludes from its application children who are engaged in self-employment or in employment without a clear wage relationship. The Committee recalls that the Convention also includes work performed by children and young persons employed without a fixed wage employment relationship, such as self-employment. The Committee further notes that section 75(1) of the Manpower Act stipulates that the Government is under an obligation to make efforts to overcome problems concerning or associated with children who work outside an employment relationship. Section 75(2) provides that the efforts referred to under subsection (1) shall be determined and specified with a government regulation. The Committee requests the Government to indicate if a government regulation has been issued under section 75(2) of the Manpower Act to ensure the application of the minimum age of 15 years to all types of work outside an employment relationship, such as self-employment, and, if so, to supply a copy of it.

2. Minimum age for admission to employment or work. The Committee notes that section 68 of the Manpower Act provides that entrepreneurs are not allowed to employ children (under 18 years old). The Committee requests the Government to indicate if there is any authorized employment of children aged 15 to 18 years in practice, other than in light work.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes with interest that section 74(1) of the Manpower Act provides that everybody shall be prohibited from employing and involving children in the worst forms of child labour, and that subsection (2) stipulates that the worst forms of child labour as referred to under subsection (1) include: (d) all kinds of jobs harmful to the health, safety and morals of the child. Subsection (3) of section 74 of the Manpower Act provides that the types of jobs that damage the health, safety or morals of the child, as referred to under paragraph (d) of subsection (2), shall be determined and specified with a ministerial decision. The Committee notes the information provided by the Government in its first report, according to which under the draft regulation concerning minimum age for admission to employment and protection for working children and youth, it will be prohibited to employ children in certain areas, for example fishing platforms, mines, metal works, plantations, forestry, logging and agriculture, the textile industry, adult entertainment areas, explosive material industry, etc.

The Committee requests the Government to indicate if the draft regulation concerning minimum age for admission to employment and protection for working children and youth has been adopted, as required by Article 3, paragraph 2, of the Convention. If so, it asks the Government to provide a copy of the regulation and to indicate whether the organizations of employers and workers concerned were previously consulted for the determination of such hazardous work.

Article 6. 1. The Committee notes that section 70(1) of the Manpower Act stipulates that children may be allowed to do a job or a piece of work at a workplace as part of their school’s education curriculum or training which has been made legal by the authorities. Subsection (2) states that the children, as referred to under subsection (1), shall not be younger than 14 years of age. The Committee requests the Government to provide information on the application in practice of this provision.

2. The Committee also notes the Government’s statement in its first report that article 4 of the draft government regulation on the protection of working children provides that children aged 13 to 15 years old may take a job as part of the curriculum of their education or training. The Committee recalls that Article 6 of the Convention only permits exceptions in the case of work done in schools or vocational training institutions and of work done by children of more than 14 years of age in undertakings as part of training programmes approved by the competent authority. The Committee requests the Government to indicate the measures taken to ensure this draft Government Regulation complies with the requirement of Article 6 of the Convention. It also requests the Government to provide a copy of this draft Government Regulation once it has been adopted.

Article 7, paragraph 3. Determination of the types of light work. The Committee notes that section 69(1) of the Manpower Act allows the employment of children aged between 13 and 15 years old for light work as long as the job does not stunt or disrupt their physical, mental and social development, in accordance with Article 7, paragraph 1, of the Convention. The Committee further notes that section 69(2) of the Manpower Act provides that entrepreneurs who employ children for light work as referred to under subsection (1) must meet the following requirements: (c) the entrepreneurs must not require the children to work longer than three hours a day; (d) the entrepreneurs shall employ the children to work only at day or during the day without disturbing their schooling; and (e) in employing the children, the entrepreneurs shall meet occupational safety and health requirements. The Committee recalls that under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted under paragraphs 1 and 2 of this Article. The Committee requests the Government to indicate the measures taken or envisaged so that national legislation determines the light work activities which may be undertaken by children of 13 to 15 years of age.

Article 8. Artistic performances. The Committee notes the information provided by the Government in its report to the effect that section 71(1) of the Manpower Act provides that children may work or have a job in terms of developing their talents and interests. The Committee notes that under subsection (2) of section 71 of the Manpower Act, entrepreneurs who employ children as referred to under subsection (1) are under an obligation to meet the following requirements: (a) that the children are put under direct supervision of their parents or guardians; (b) that the children are not required to work longer than three hours a day; and (c) that the working conditions and environment where the children work do not disrupt their physical, mental and social development, as well as their education and attendance at school. The Committee also notes that subsection (3) of section 71 of the Manpower Act provides that provisions concerning children who work to develop their talents and interests, as referred to under subsection (1) and subsection (2), shall be regulated with a ministerial decision. The Committee requests the Government to indicate if such a ministerial decision has been issued, and if so, to supply a copy of it.

The Committee also draws the Government’s attention to Article 8 of the Convention which lays down that after consultation with the organizations of employers and workers concerned, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment or work provided for in Article 2 of this Convention, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which, and the conditions in which, such employment or work is allowed. The Committee observes that section 71 of the Manpower Act does not prescribe a minimum age for artistic performances by children. The Committee recalls that the specified minimum age for admission to employment or work in Indonesia is 15 years. The Committee therefore requests the Government to indicate the measures envisaged or taken to ensure that approval for young persons of below 15 years of age to take part in artistic activities is granted in individual cases, and that permits so granted shall prescribe the number of hours during which, and the conditions in which, such employment or work is allowed. The Committee requests the Government to supply information on the consultations which have taken place on this subject with the organizations of employers and workers concerned. It also requests the Government to provide information on the practical application of section 71 of the Manpower Act.

Article 9, paragraph 3. Keeping of registers. The Committee notes that, under section 54(1)(b) of the Manpower Act, a written work agreement shall at least include the name, sex, age and address of the worker/labourer. Section 54(3) states that a work agreement as referred to under subsection (1) shall be made in two equally binding copies, one copy of which shall be kept by the entrepreneur and the other by the worker/labourer. However, the Committee notes there is no provision in the Manpower Act and in the available legislation that prescribes that a register shall be kept and made available by the employer. The Committee recalls that under Article 9, paragraph 3, of the Convention, national laws or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer; such registers or documents shall contain the names and ages or dates of birth, duly certified wherever possible, of persons who are employed or who work for him/her and who are less than 18 years of age. It requests the Government to indicate the measures taken or envisaged to comply with the Convention on this point.

Part V of the report form. The Committee notes that based on the 1999 SAKERNAS (the National Labour Force Survey), out of 34.1 million children aged 10-17, around 5.6 million were in the labour force. According to this survey, the labour force participation rate among children in 1999 was higher in rural than in urban Indonesia, respectively 9.6 and 3.2 per cent of the 10-14 age group. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of contraventions reported.

The Committee requests the Government to keep it informed of progress made in enacting or amending the legislation. In this respect, it reminds the Government that it may avail itself of ILO technical assistance to bring its legislation in conformity with the Convention.

CMNT_TITLE

The Committee takes note of the information provided by the Government in reply to the communication of the ICFTU dated 25 June 2003 containing comments on the application of the Convention by Indonesia. A copy of this communication was forwarded to the Government on 5 September 2003, for comments it wished to make on the matters raised therein.

In its communication, the ICFTU alleges that child labour is widespread in Indonesia and that the education requirements of nine (9) years’ compulsory education are not enforced in practice. Most child labour takes place in informal unregulated activities, such as street vending, agricultural and domestic sectors. According to the ICFTU, however, child labour is pervasive even in formal activities, such as construction, factory employment, mining and fishing.

In reply to the ICFTU’s communication, the Government indicates that child labour is not merely the problem of the Government of Indonesia, since almost all developing countries or even advanced countries face it. Child labour is mainly caused by structural poverty. Moreover, Indonesia, as a developing country, has taken various efforts to eliminate, or at least reduce child labour. For example, continuous efforts to eliminate child labour have been undertaken with the support of the ILO-IPEC Programme in Indonesia. The Government adds that for a developing country like Indonesia, eliminating or reducing child labour is not an easy task since the problems of working children are closely related to other aspects such as poverty, cultural factors and community awareness.

The Committee notes the efforts undertaken by the Government in order to eliminate or at least reduce child labour, in particular those made in collaboration with ILO/IPEC. It invites the Government to increase its efforts in this regard in order to make substantial progress and to provide precise information on the measures taken to combat child labour in practice.

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