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

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

Article 3 of the Convention. Worst forms of child labour. Clause (d). Hazardous work. Child domestic workers. The Committee previously noted the allegations of the International Trade Union Confederation (ITUC) that child domestic workers in Indonesia often suffered sexual, physical or psychological abuse. The Committee also noted the information from the 2010 report entitled Recognizing domestic work as work, published by the ILO country office in Jakarta that approximately 35 per cent of domestic workers are under the age of 18. This report also indicated that 81 per cent of domestic workers work 11 hours or more a day, and that being hidden from public scrutiny made these workers particularly vulnerable to exploitation and abuse. This report further indicated that 68 per cent of domestic worker respondents indicated that they had experienced mental abuse, 93 per cent had experienced physical violence, and 42 per cent had experienced some form of sexual harassment or abuse while at work. However, the Committee noted the Government’s statement that a draft Act on domestic workers’ protection had been formulated, and would be discussed in the Indonesian House of Representatives. The Government further indicated that it was making serious efforts to provide physical, psychological, economic and legal protection to domestic workers, including through the creation of guidelines and the provision of training to prevent children from entering domestic work.

The Committee notes the Government’s indication that it has continued to take measures, in cooperation with non-governmental organizations, to protect domestic workers through activities such as mentoring, training, data collection and the dissemination of information, and that national and local governments have conducted trainings on the subject. The Government indicates that it has made efforts to prevent children from becoming domestic workers, including measures taken by the Ministry of Social Affairs to reduce the vulnerability of children, and the Child Social Welfare Programme, which aims to protect children against all forms of exploitation and abuse (including the prevention of child domestic labour). The Committee also 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 Committee further notes the Government’s indication that sanctions may be imposed on persons who employ children under 18 in hazardous household work under the provisions in the Manpower Act prohibiting the employment of children in hazardous work as well as under the Child Protection Act which provides for the special protection of children against economic exploitation. However, the Committee notes the information from a document from ILO–IPEC concerning the Project of Support to the Indonesian Time-bound Programme on the elimination of the worst forms of child labour of September 2011 that the current legislation on child labour is not effective in tackling the problem of child domestic workers. Therefore, the Committee urges the Government to take the necessary steps to ensure that the draft Act for the protection of domestic workers is adopted as a matter of urgency, to ensure the protection of children under 18 from hazardous domestic work. It requests the Government to continue to take concrete measures to address the situation of child domestic workers, and to provide information on the results achieved, particularly in terms of the prevention and withdrawal of children from domestic work. The Committee encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Article 5. Monitoring mechanisms. Police and immigration officers. The Committee previously noted the Government’s indication that efforts had been made to strengthen the role of the police in combating the trafficking of children, including the establishment of a Women and Children’s Service Unit within the Republic of Indonesia National Police. It also noted the information from the International Organization for Migration that there was a great need to sensitize criminal justice agencies across Indonesia with regard to the content of the Anti Trafficking in Persons Act of 2007. It noted that many police and prosecutors remained unfamiliar with the anti-trafficking legislation, and were reluctant or unsure of how to effectively use this legislation to punish traffickers, and that corruption continued to hinder anti-trafficking efforts.

The Committee notes the Government’s statement that the Anti-Trafficking in Persons Act has been consistently applied to persons involved in trafficking. The Government indicates that the police handled cases of trafficking involving 146 adults and 68 children in 2011. The Government indicates that 164 trafficking offenders were identified, and 91 of the cases were successfully prosecuted. The Committee also notes the information in the Government’s report to the Committee on the Rights of the Child that it will take measures to strengthen the Task Force for Combating Trafficking in Persons at the national, provincial, and regency/district levels, especially in areas of origin, transit and destination (CRC/C/IDN/3-4, paragraph 93). In this regard, the Committee notes the information from ILO–IPEC of September 2011, that 18 provinces had established a task force to optimize the handling of the trafficking cases. However, the Committee notes the Government’s statement in its report to the Human Rights Committee (HRC) for the Universal Periodic Review (UPR) of 7 March 2012 that, in 2010, 28,289 Indonesian citizens were indicated to have been victims of trafficking in persons (A/HRC/WG.6/13/IDN/1, paragraph 117). The Committee, therefore, urges the Government to pursue its efforts to combat trafficking in children by ensuring that perpetrators of human trafficking are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to continue to provide information on the measures taken in this respect, and the results achieved, particularly the number of persons investigated, convicted and sentenced for cases of trafficking involving victims under the age of 18.

Article 6. Programmes of action to eliminate the worst forms of child labour. Trafficking. The Committee previously noted that the Government had developed a National Plan of Action on the Eradication of Trafficking in Persons and Sexual Exploitation of Children 2009–14 (NPA on Trafficking and SEC). It also noted that, in collaboration with ILO–IPEC, several initiatives had been undertaken to provide rehabilitation and reintegration services to child victims of trafficking. Nonetheless, the Committee noted information indicating that efforts to protect victims of trafficking remained uneven and inadequate in comparison with the scope of the country’s trafficking problem. The Committee requested information on the concrete steps taken in this regard.

The Committee notes the Government’s indication that the NPA on Trafficking and SEC 2009–14 was adopted by virtue of Regulation of the Coordinating Minister for People’s Welfare No. 25/KEP/MENKO/ KESRA/IX/2009. The Government also indicates that the Child Social Welfare Programme aims to protect children from trafficking, and that implementing partners have been provided with grants for trained social workers and to support the reintegration of children. Moreover, the Government indicates that it is providing services for child victims of trafficking through the child social protection shelters, located in Jakarta and 27 other areas of Indonesia. In this regard, the Committee notes the Government’s statement in its report to the HRC for the UPR of 7 March 2012 that 234 child victims of trafficking were treated at child social protection shelters in 2010 (A/HRC/WG.6/13/IDN/1, paragraph 120). The Committee requests the Government to continue to take measures, within the framework of the NPA on Trafficking and SEC 2009–14, to prevent the trafficking of children under 18 years of age, and provide for their removal and subsequent rehabilitation. The Committee requests the Government to continue to provide information on the results achieved, particularly the number of children reached through these initiatives.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assisting the removal of children from these worst forms. 1. Commercial sexual exploitation of children. The Committee previously noted information from UNICEF that approximately 30 per cent of the women in prostitution in Indonesia are below the age of 18, with 40,000–70,000 Indonesian children being victims of sexual exploitation. It noted that child-sex tourism is prevalent in urban areas and tourist destinations.

The Committee notes the Government’s statement that, through the NPA on Trafficking and SEC 2009–14, it has taken measures to eliminate the commercial sexual exploitation of children in the tourism sector through the development of child-friendly tourism sites. Regarding Regulation No. PM.30/HK.201/MKP/2010 on Guidelines on the Prevention of Sexual Exploitation of Children in Tourism, the Government indicates that it continues to disseminate prevention material on child sexual exploitation in the tourism sector, in cooperation with both private and public tourism stakeholders. Noting that there remain a significant number of child victims of commercial sexual exploitation, including in child-sex tourism, the Committee urges the Government to redouble its efforts to protect children under 18 years from this worst form of child labour. It requests the Government to continue providing information on the number of children who have been removed from commercial sexual exploitation and rehabilitated through the measures taken, including through the NPA on Trafficking and SEC 2009–14.

2. Children engaged in the sale, production and trafficking of drugs. In its previous comments, the Committee noted that approximately 15,000 children were involved in the sale, production and trafficking of drugs in Jakarta in 2003. It also noted reports that as many as 20 per cent of drug users were involved in the sale, production or trafficking of drugs, suggesting that between 100,000 and 240,000 young persons might be involved in the drug trade. However, the Committee noted that the Ministry of Social Affairs has engaged in cooperation with various governmental agencies to provide services and rehabilitation to children found to be in violation of the law, and that, through cooperation with ILO–IPEC, many children had been removed from work involving drugs. Nonetheless, the Committee noted information from the Government that there had not been any significant progress made with regard to the prosecution of persons employing children in several of the worst forms of child labour, including drug trafficking, and that some cases were not taken to court. The Committee, therefore, expressed its concern at the lack of progress in prosecuting perpetrators of this worst form of child labour.

The Committee notes the Government’s statement that the Ministry of Manpower and Transmigration is currently coordinating with the national police and the National Narcotics Agency concerning information on the involvement of children in the sale of drugs. The Government also refers to the Act on Child Protection of 2002, section 89 of which provides penalties for persons who involve children in the production, sale and trafficking of drugs. However, the Committee notes an absence of information in the Government’s report on the application of these provisions in practice. The Committee, therefore, requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who involve children in the production, sale or trafficking of illicit drugs are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide information on the measures taken, particularly the number of investigations, prosecutions and sanctions imposed.

Clause (d). Identifying and reaching out to children at special risk. Children on fishing platforms. The Committee previously noted that more than 7,000 children were estimated to be engaged in deep-sea fishing in North Sumatra. It also noted several ongoing initiatives being implemented to prevent and remove children from being engaged in this hazardous form of work. The Government also indicated that the North Sumatra government had made efforts to monitor this sector and disseminated information about the dangers of working on fishing platforms. However, the Committee noted information of the report on the National Action Plan on the Worst Forms of Child Labour stages I and II (submitted with the Government’s report) that offshore fishing platforms was an area where investigations and prosecutions for persons who employ children needed to be more effective. This report indicated that many cases of violations were closed just after the investigations and never brought to court because of the inadequate capacity of law enforcers.

The Committee notes the Government’s statement that it has engaged in various efforts to prevent the engagement of children in work on fishing platforms, including raising community awareness, cooperation with regional governments and collaboration with NGOs. The Government indicates that increased public awareness through education, aimed at preventing the engagement of children on fishing platforms, has been successful, with some fishing platforms no longer engaging children. The Government also indicates that in districts containing fishing platforms, action committees have been established under the action plan for the elimination of the worst forms of child labour, which are in charge of coordinating the elimination of hazardous child labour on these platforms. The Committee further notes the Government’s indication that, to date, data on prosecutions and sanctions for those who employ children on fishing platforms is not available, and that its efforts have focused on preventative education efforts. While noting the measures taken by the Government, the Committee once again reminds the Government that, pursuant to Article 7(1) of the Convention, ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of appropriate sanctions. The Committee accordingly requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are applied in practice to persons who engage children in hazardous work on fishing platforms. The Committee requests the Government to provide information on the measures taken in this regard in its next report.

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