Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

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 provide further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted the ITUC’s indication that the trafficking of persons, including for the purpose of prostitution, is widespread and that as many as 20 per cent of the 5 million migrant workers, who left Indonesia to work in other countries, were victims of trafficking. It had noted the Government’s information that a draft bill on trafficking was under preparation. The Committee notes with satisfaction that the Indonesian House of Representatives has passed the long-awaited Act on human trafficking. The Act of 19 April 2007 criminalizes all kinds of human trafficking, at home and overseas. It stipulates that whoever recruits and transfers people by force, abduction or deceit, in order to exploit them, faces three to 15 years’ imprisonment or fines of 120 million to 600 million rupiahs or both. Anyone who brings into the country foreigners for purposes of exploitation or adopts children for a similar purpose, commits a criminal offence. Moreover, the Act requires traffickers to pay compensation for the material and immaterial losses suffered by the victims.

Article 5. Monitoring mechanisms. The police and inspectors. The Committee had previously noted that the police were carrying out investigations in prostitution areas in different provinces which sometimes resulted in the arrest of the perpetrators of trafficking and the finding and returning of victims to their places of origin. It had noted that a two-year police training project was launched, in August 2003, with the support of ILO/IPEC. It had also noted that training sessions were conducted in several provinces to provide labour inspectors with the necessary knowledge to combat child trafficking. The Committee notes the Government’s information that 64 trafficking cases were filed in 2006 involving 177 children, of which 35 are before the courts while the rest are under investigation. The Committee encourages the Government to continue to strengthen the role of the police and labour inspectors in order to enable them to combat the trafficking of children for labour and sexual exploitation. It requests the Government to provide information on the measures taken to this end. It also requests the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected involving the trafficking of children for labour and sexual exploitation. It finally requests the Government to continue providing information on the convictions and penal sanctions applied.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. 1. National Action Plan for Abolishing Women and Child Trafficking. The Committee had previously noted that a five-year National Action Plan for Abolishing Women and Child Trafficking (NAP against WCT) was endorsed through Presidential Decree No. 88/2002. It had noted that the Plan’s objective consists in reducing by half the number of child victims of trafficking by 2013. The Committee had also noted that one of the targets of the NAP against WCT is to increase the number of crisis service centres for the rehabilitation and social integration of child victims of trafficking and that 200 special centres for combating trafficking were established.

The Committee notes the Government’s information that the second phase of the NAP against WCT consists in establishing in a selected region a “model of good practice” in handling cases of trafficking to be replicated in other regions. Jakarta, as the previous role model, has established a centre for crisis service to rehabilitate and reintegrate child victims of trafficking and commercial sexual exploitation. The Committee also notes the Government’s information that, as a result of the NAP against WCT, up to 1,404 children were prevented from entering prostitution and 174 were removed. The Committee requests the Government to continue providing information on the achievements of the National Action Plan for the Elimination of Trafficking in Women and Children, and its impact with regard to removing child victims of trafficking from labour or sexual exploitation and providing for their rehabilitation and social integration.

2. ILO/IPEC TICSA Project on combating child trafficking for sexual and labour exploitation in South and South-East Asia – Phase II (TICSA II). The Committee had previously noted that the subregional ILO/IPEC TICSA Project was adopted in June 2003 to complement the ILO/IPEC Project of Support to the Indonesian National Plan of Action for the Elimination of the Worst Forms of Child Labour. It had noted that the TICSA Project’s objective is to contribute to the progressive elimination of trafficking in child labour and sexual exploitation in Indonesia by: (i) assisting children and families in high-risk sending areas to reduce children’s vulnerability to trafficking; and (ii) improving the capacity of social partners to provide services to rehabilitate and reintegrate child victims of trafficking. The Committee notes the Government’s information that 1,404 children were prevented from trafficking and sexual exploitation and 53 removed. It also notes the Government’s information that the total number of children who benefited from the programme is 3,359. The Committee requests the Government to continue providing information on the impact of the
ILO/IPEC TICSA II in combating the sexual and labour exploitation of children under 18 years of age, and results attained.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Children on fishing platforms. The Committee had previously noted that, according to the document entitled “Support to the Indonesian National Plan of Action and the Development of the Time-Bound Programme for the Elimination of the Worst Forms of Child Labour” (TBP), more than 7,000 children were estimated to be engaged in deep‑sea fishing in North Sumatra. It had also noted the indication of the government representative to the Conference Committee on the Application of Standards (June 2004), that a project was launched in 2000 and extended in 2004 aimed at preventing the employment of children on fishing platforms, raising awareness on the danger of working on a fishing platform, and providing for direct assistance and the removal of children from this type of work. It had finally noted the Government’s indication that ILO/IPEC technical assistance has contributed to the withdrawal of 344 children from fishing platforms and that 2,111 children were prevented from working in “jermas” since 2000.

The Committee notes the Government’s information that one of the programmes adopted in implementing the National Plan of Action on the Elimination of the Worst Forms of Child Labour targets children working in the offshore fishery sector. As a result of this programme, 3,004 children were prevented from working in this sector and 174 were removed. The Committee further notes the Government’s information that it has established a special monitoring team consisting of local government and personnel from the main naval base in order to prevent children from working in fishing platforms. The Committee requests the Government to continue providing information on the impact of the TBP and other measures on withdrawing children under 18 years from fishing platforms and results achieved.

2. Child domestic workers. The Committee notes the ITUC’s allegations that child domestic workers in Indonesia suffered some form of sexual, physical or psychological abuse. The ITUC adds that the National Plan of Action for the Elimination of the Worst Forms of Child Labour identified children who are physically or economically exploited as domestic servants as being involved in a worst form of child labour. However, domestic work – involving at least 688,000 children – was not included in the first phase of the National Plan of Action. According to the ITUC, it seems that the Government has failed to take meaningful action to protect child domestic workers from exploitation and abuse. Moreover, laws enacted to protect children from labour exploitation have not been utilized to address child domestic labour.

The Committee notes the Government’s information that various measures have been taken, either by the Government or by society at large, to prevent children from working as domestic workers. Concretely, the Committee of National Action on the Worst Forms of Child Labour has set up a programme aimed at preventing school-aged children from working as domestic workers. Moreover, various programmes carried out by a number of child caring institutions have had a positive impact on preventing children from working as domestic workers. The Committee also notes that the programme “Mobilizing action for the protection of domestic workers from forced labour and trafficking in South-East Asia” was launched in 2004 to address the needs of domestic workers in Indonesia and the Philippines. The programme proposes four areas for concrete action: (a) a law and policy framework on domestic work; (b) advocacy and research; (c) outreach and empowerment of domestic workers at the national and international levels; (d) targeted interventions to respond effectively to reports of forced labour and trafficking affecting domestic workers. The Committee finally notes that, congruent to the TICSA project and the TBP on child trafficking, the ILO TC-RAM supports the ILO/IPEC Programme on Child Domestic Workers. The ILO TC-RAM on child domestic workers aims to increase awareness in general, withdraw child domestic workers (below 15 years), and provide counselling as well as access to non-formal and vocational training service to child domestic workers between 15 and 18 years of age. The Committee requests the Government to continue to provide information on any relevant results of these programmes on protecting child domestic workers from the worst forms of child labour and providing for their rehabilitation and social integration.

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