Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the Government’s report. It also takes note of the comments of June 2003 by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention, a copy of which was sent to the Government on 5 September 2003, and of the Government’s response thereto.

1. Forced labour of children on fishing platforms. In its previous comments the Committee drew the Government’s attention to the situation of children obliged to work in extremely dangerous conditions on fishing platforms (jermal) off the north-east coast of Sumatra. The Government stated that this was largely due to the difficulty experienced by the families of these children in finding other sources of income. It also indicated that the local Government of Sumatra had been instructed to replace all the children with adult workers and that the Governor had set up a team to compile statistics, in particular on the number of children who ought to be attending school and the number of children in need of training for work having reached the minimum age for admission to employment. The Committee also took note of the programme carried out with support from the ILO’s International Programme on the Elimination of Child Labour (IPEC), the main objective of which was to remove 1,900 children from fishing platforms by 2001. It noted that case studies carried out under the IPEC programme referred to instances of forced recruitment and kidnapping the main target of which were the most vulnerable children, such as street children.

In its latest report, the Government states that investigations have brought to light no evidence (such as police reports) of any instances of forced recruitment or kidnapping of children. While noting this information, the Committee observes that the Government has provided no new information on the results obtained from the measures announced in its last report. Nor does it provide information on any other measures taken to put an end the exploitation of child labour on fishing platforms. The Committee notes that the ICFTU, in its comments, emphasizes that although the number of children obliged to work on fishing platforms has been reduced thanks to the action taken by the Government and the ILO, the practice remains.

The Committee notes the adoption of Manpower Act No. 13/74 and notes with interest article 74 of the above Act which prohibits the employment of children in the worst forms of child labour. Article 74 includes in the list of worst forms of child labour, slavery or practices similar to slavery and all kinds of jobs harmful to the health, safety and morals of the child.

The Committee also notes the information supplied by the Government in its first report on the application of the Minimum Age Convention, 1973 (No. 138), to the effect that the draft Regulations on the minimum age for admission to employment and the protection of children and young people, will prohibit the employment of children (persons under 18 years of age) in certain branches of activity including fishing on platforms. The Committee requests the Government to indicate whether the draft Regulations have been adopted and, if so, to provide a copy of them. It furthermore hopes that the Government will provide full information on progress made towards ensuring that children are not forced to work on fishing platforms. It also recalls that children cannot give their valid consent to perform this kind of work, which endangers their health and their safety.

Lastly, the Committee has noted that a letter of agreement was signed on 14 April 2003 between the provincial government of north Sumatra and IPEC/ILO. This agreement constitutes the second phase of the programme to eradicate child labour on the jermals and the aim is to complete the elimination of this form of child labour by 2004.

The Committee requests the Government to keep it informed of the actions taken to eradicate child labour on jermals and to inform it of the success of the actions in practice.

2. Trafficking in persons. In its comments the ICFTU indicates that trafficking in persons, including for the purpose of forced prostitution, is widespread in Indonesia and that many migrants should be considered as victims of trafficking. According to the ICFTU, some sources suggest that as many as 20 per cent of the 5 million Indonesian migrant workers have fallen victim to this trafficking.

In reply, the Government states that the elimination of trafficking is not an easy task because it relates to cross-border crime. Among other measures to combat trafficking in persons the Government mentions the formulation of bills on trafficking-related crimes. Furthermore, 200 special centres for combating trafficking and 19 integrated services centres have been set up. However, the professional competency of the officers responsible for combating trafficking needs to be further improved. The Government also indicates that since January 2003, the police has taken a number of measures to combat trafficking: development of cooperation with the ministries concerned; operations in prostitution areas; development of cooperation in combating child prostitution and return of the victims to their places of origin; settlement of numerous cases of trafficking. The Government expresses the hope that in view of the above information, the ICFTU will treat the issue of Indonesian migrant workers in a balanced manner by providing information on improper practices that may occur in the receiving countries.

The Committee takes due note of the measures already taken by the Government to combat trafficking in persons. It further notes that a National Action Plan was adopted on 30 December 2002 to abolish trafficking in women and children (Presidential Instruction No. 88/2002). The objectives of the abovementioned plan are:

-  legal norms and actions against traffickers of women and children;

-  legally guaranteed rehabilitation and reintegration of the victims of trafficking;

-  prevention of all forms of woman and child trafficking in the family and society;

-  cooperation and coordination in the abolition of woman and child trafficking between institutions at the national and international levels.

The Committee also notes that the approval of laws on the abolition of woman and child trafficking, witness and victim protection, and migrant worker protection constitute one of the many targets of the plan. It requests the Government to provide information on the adoption of the draft legislation on crimes and trafficking to which the Government referred in its report, and on any other texts that may have been adopted to meet the objectives of the National Action Plan for abolishing woman and child trafficking. The Committee would also be grateful if the Government would provide information on any other measures taken under the plan, on the results obtained in combating the trafficking in persons in general, and not only the trafficking in women and children (the sole target of the National Action Plan), and on any prosecutions brought for trafficking in persons for the purposes of labour exploitation with a view to punishing the offenders. The Committee recalls in this connection that, according to Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and any Member ratifying the Convention is required to ensure that the penalties imposed by law are really adequate and are strictly enforced.

3. The Committee notes that, in its comments received in August 2003 and forwarded to the Government on 26 September 2003, the ICFTU indicates that the requirement for migrants to go through recruitment agencies and the absence of legislation laying down rights and regulating the labour migration process make these workers vulnerable to exploitation. According to the ICFTU, Indonesians wishing to work abroad have to go through recruitment agencies, which charge them extortionate processing and training fees. Migrant workers are thus severely indebted even before they start working abroad. They are required to sign contracts with the recruitment agencies and have little or no power to negotiate their terms. Some contracts are even drafted in a foreign language. Many migrants end up accepting whatever work they are offered, even if it is different from the work they were promised. The ICFTU is of the view that these conditions make Indonesian migrant workers vulnerable to exploitation and forced labour.

The ICFTU considers that prospective migrant workers are exploited before, during and after the period abroad. Agencies require prospective migrant workers to live in training camps for up to 14 months where they may be forced to work for the agency staff. Furthermore, conditions in these centres are poor. Once abroad, they must pay off agency fees, which are usually higher than the maximum set by the Government. Agencies charge fees equivalent to a number of months’ salary, which varies according to the country of destination. In such circumstances, even if they are mistreated and forced to work long hours under harsh conditions, Indonesian migrants cannot leave because of the contracts they have signed and the money owed to agencies. They must also pay agency fees in order to renew their employment contract which are higher than the legal maximum. According to the ICFTU, agencies that use coercion and deception in recruiting and transporting migrants for work abroad where they can exploit them fall under the definition of traffickers and should be punished accordingly.

The Committee requests the Government to provide full information in response to the ICFTU’s comments on the exploitation of migrant workers.

4. The Committee notes the information supplied by the Government on the working conditions of persons employed in industrial forest plantations established under the logging concessions to develop forestry.