Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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child labour, such as the Child Social Welfare Programme and the provision of tuition assistance to children who were withdrawn through the Reduction of Child Labour Programme.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.