Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C138

Observation

Direct Request

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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in child labour, such as the Child Social Welfare Programme; the provision of tuition assistance to children who were withdrawn through the Reduction of Child Labour Programme; a conditional cash transfer programme to improve educational access for children from poor families; and a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.