Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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 some form of sexual, physical or psychological abuse. The Committee noted that the second stage of the National Action Plan on the Elimination of the Worst Forms of Child Labour (NAP on WFCL) aimed to prevent 5,000 children, and withdraw 2,000 children, from child domestic labour. The Committee also noted the Government’s statement that a draft Act on Domestic Workers’ Protection had been formulated, but that the elaboration of the final draft would take time. The Committee requested the Government to take the necessary measures to ensure that the draft Act for the Protection of Domestic Workers was adopted.

The Committee notes the Government’s statement that it is making serious efforts to provide physical, psychological, economic and legal protection to domestic workers. The Government indicates that the Ministry of Women's Empowerment has created guidelines regarding the risk to child domestic workers and provides skills training to prevent children from entering domestic work. The Committee also notes the Government’s indication that through phase II of the ILO–IPEC project entitled “Support to the Indonesian National Action Plan and the Development of the Time-bound Programme for the Elimination of the Worst Forms of Child Labour”, 1,213 children have been prevented from becoming engaged in child domestic work, and rehabilitation and reintegration services have been provided to 127 former child domestic workers. The Government’s report indicates that ILO–IPEC is making efforts to raise awareness among employers and domestic workers about regulations related to the protection of domestic workers. Nonetheless, the Committee notes the information in the ILO–IPEC technical progress report for phase II of the Time-bound Programme (TBP) of 15 August 2010 (ILO–IPEC TPR) that the action programmes working with child domestic workers continuously face difficulties in accessing households and this has impacted the achievement of withdrawing child domestics. The Committee further notes the information in the Government’s report that the draft Act for the Protection of Domestic Workers shall be discussed in the Indonesian House of Representatives. In this regard, the Committee notes the information in a report entitled “Recognizing domestic work as work”, published by the ILO Country Office in Jakarta in April 2010 (ILO Jakarta report) that this draft Act contains various provisions for the protection of domestic workers.

However, the Committee notes the information in the ILO Jakarta report that approximately 35 per cent of domestic workers are under the age of 18. This report also indicates that 81 per cent of domestic workers work 11 hours or more a day, and being invisible and hidden from public scrutiny, these workers are prone to becoming victims of exploitation and abuse. The ILO Jakarta report further quotes a study indicating 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. Therefore, while taking due note of the steps taken by the Government to combat child domestic work and the results achieved under the TBP, the Committee expresses its serious concern at the exploitation which continues to be experienced by child domestic workers. It reminds the Government that, pursuant to Article 3(d) of the Convention, work or employment in conditions that are hazardous are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency, in accordance with Article 1. The Committee accordingly 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. The Committee also requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who employ children under 18 years of age in hazardous domestic work are carried out and that sufficiently effective and dissuasive sanctions are applied in practice. It further requests the Government to continue to take 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 labour.

Article 5. Monitoring mechanisms. Police and immigration officers. The Committee previously noted that law enforcement against traffickers had increased in 2006 and that the Government had taken measures to enhance the capacities of the police and immigration officers. The Government also indicated that in 2007, 123 trafficking cases were filed involving 71 children. The Committee notes the Government’s statement that efforts have 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. The Committee also notes the information in the report on trafficking in persons in Indonesia of 14 June 2010, available on the website of the Office of the High Commissioner of Refugees (www.unhcr.org) (Trafficking report) that 139 suspected trafficking offenders were prosecuted in 2009, an increase from 129 in 2008. The Committee further notes the information from the International Organization for Migration (IOM) that it has collaborated with the Government with a view to building the capacity of law enforcement bodies, including through workshops, curriculum development for police schools and the 2009 revision of the Guidelines on Law Enforcement and Victim Protection (Guidelines). The IOM indicates that jointly with the Government, awareness-raising initiatives have reached 5,000 law enforcement officers, and that 10,000 copies of the Guidelines have been distributed.

The Committee further notes the information from the IOM that there has been a great need to sensitize criminal justice agencies across Indonesia with regard to the content of the Anti-Trafficking Law of 2007. In this regard, the Trafficking report indicates that many police and prosecutors remain unfamiliar with the anti-trafficking legislation, and are reluctant or unsure of how to effectively use this legislation to punish traffickers. The Trafficking report indicates that prosecutors and judges still frequently use other laws to prosecute traffickers and that only 56 per cent of trafficking-related cases were prosecuted using the Anti-Trafficking Law. Moreover, the Trafficking report indicates that corruption continues to hinder anti-trafficking efforts, as members of the security forces continue to be involved in trafficking, and that it is a widespread practice for traffickers to pay police and military officials “protection money”. The Trafficking report further contains reports indicating that some Ministry of Manpower officials provided licences to international labour recruiting agencies involved in human trafficking, despite the officials’ knowledge of the agencies’ involvement, and that some local officials facilitated trafficking by producing national identity cards for children containing false information so that these children could be recruited as adults. The Committee expresses its concern at allegations of complicity and cooperation of law enforcement officials and other government officials with human traffickers. The Committee therefore urges the Government to redouble its efforts to ensure that perpetrators of human trafficking, and complicit government officials, are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, the Committee requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, including through increasing the awareness among prosecutors and judges of the Anti-Trafficking Law of 2007. It further requests the Government 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 TBP contained measures to combat child trafficking for sexual and labour exploitation, and that the second stage of the NAP on WFCL (2006–10) aimed to prevent 5,000 children from being trafficked for commercial sexual exploitation and withdraw 300 children. It requested information on the results achieved through these initiatives.

The Committee notes the information in the Government’s report that phase II of the TBP (to support the second stage of the NAP on WFCL) had, between October 2007 and February 2010 succeeded in preventing 528 vulnerable children from becoming victims of trafficking and providing rehabilitation and reintegration services to nine child victims of trafficking. The ILO–IPEC TPR indicates that, as of August 2010, 816 children had been prevented from becoming engaged in trafficking, and 53 had been withdrawn. The Committee also notes the Government’s indication that the TBP has contributed to strengthening the network of service providers for trafficking victims. Social workers at the social protection home for children (homes operated by the Ministry of Social Affairs which serve as a shelter for trafficking victims) received training to better equip them to reunite and reintegrate child victims of trafficking with their families. Between 2004 and 2009, the Ministry of Social Affairs recorded 251 victims who received rehabilitation services from the social protection home for children in Jakarta.

The Committee further notes information in a UNICEF report entitled “Children in Indonesia: Child trafficking” of July 2010 (UNICEF report) that the Government has passed the Decree on the National Plan of Action on the Eradication of Trafficking in Persons and Sexual Exploitation of Children
2009–14. The Plan guides governmental ministries and provincial departments, through task forces, to implement programmes to eradicate trafficking in persons and sexual exploitation of children. Nonetheless, the Committee notes the statement in the Trafficking report that efforts to protect victims of trafficking remained uneven and inadequate in comparison with the scope of the country’s trafficking problem. The Committee therefore urges the Government to continue to take measures, within the framework of both the TBP and the National Plan of Action on the Eradication of Trafficking in Persons and Sexual Exploitation of Children 2009–14, to prevent the trafficking of persons under 18, in addition to providing for their removal, rehabilitation and social reintegration. It requests the Government to provide information on the concrete steps taken and 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 the implementation of an action programme, within phase I of the TBP to remove child victims of commercial sexual exploitation. It also noted that phase II of the TBP would continue to provide services to girls withdrawn from such situations, and attempt to reach out to more child victims of prostitution. However, the Committee noted that there was an estimated 5,100 sex workers under 18 years of age operating in Jakarta alone.

The Committee notes the Government’s statement that it works with
ILO–IPEC and the Indonesian Child Welfare Foundation (YKAI) to combat commercial sexual exploitation. The Government indicates that during phase I of the TBP, 177 children were withdrawn from commercial sexual exploitation and an additional 5,210 children were prevented from engaging in this worst form of child labour. However, the Committee notes the information in the ILO–IPEC TPR of August 2010 that phase II of the TBP has not yet recorded the removal of any children from commercial sexual exploitation. The Committee further notes the information in the UNICEF report regarding the adoption of the Decree on the National Plan of Action on the Eradication of Trafficking in Persons and Sexual Exploitation of Children 2009–14, in addition to the information in the ILO–IPEC TPR of August 2010 that the Minister of Culture and Tourism adopted Regulation No. PM.30/HK.201/MKP/2010 on Guidelines on the Prevention of Sexual Exploitation of Children in Tourism, in 2010. The Ministry of Tourism will be working with the ILO Office in Jakarta on concrete activities to implement this regulation.

In this regard, the Committee notes the statement in the Trafficking report that child sex tourism is prevalent in most urban areas and tourist destinations, such as Bali and Riau Island. The Committee also notes the information in the UNICEF report 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. The Committee expresses its serious concern at the significant number of children who are victims of commercial sexual exploitation, including child sex tourism, and accordingly 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 implementation of the TBP, in addition to those reached through the National Plan of Action on the Eradication of Trafficking in Persons and Sexual Exploitation of Children 2009–14. It further requests the Government to pursue its efforts to implement Regulation No. PM.30/HK.201/MKP/2010 on Guidelines on the Prevention of Sexual Exploitation of Children in Tourism, and to provide information on the impact of measures taken.

2. Children engaged in the sale, production and trafficking of drugs. In its previous comments, the Committee noted that 15,000 children were involved in the sale, production and trafficking of drugs in Jakarta in 2003. The Committee noted the removal and prevention of children from this worst form through the TBP, but 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 still be involved in the drug trade.

The Committee notes the information in the Government’s report that in the first six months of 2010 there were 5,603 children (mostly boys and street children), undergoing training in penitentiaries, 90 per cent of whom were drug users and/or drug dealers. The Government indicates that these children obtain health care, psychosocial and spiritual education. The Committee also notes 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. The Government further indicates that the Ministry of Women’s Empowerment and Children Protection has established an Memorandum of Understanding with various judicial institutions to encourage the use of a restorative justice approach with regard to children in conflict with the law, including those under 18 found to be guilty of selling, producing or trafficking drugs. The Committee also notes the information in the ILO–IPEC final technical progress report for phase I of the TBP of March 2008 (ILO–IPEC FTPR 2008) that 517 children were withdrawn from work involving drugs, and a total of 8,298 children were reached through initiatives to prevent such involvement. The ILO–IPEC FTPR 2008 also indicates that the Jakarta Provincial Narcotics Board began to use community-based approaches in its regular prevention and treatment programmes for children and families to respond to the problems of child drug trafficking and drug abuse. However, the Committee notes the information in the “Report on the implementation of the NAP on WFCL stage I (2002–07) and the NAP on WFCL stage II (2008–12)” (Report on the NAP on WFCL stages I and II) (submitted with the Government’s report) that there has 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 expresses its concern at the lack of progress in prosecuting perpetrators of this worst form of child labour, and accordingly urges the Government to strengthen its efforts to protect children under 18 years from becoming engaged in the sale, production and trafficking of drugs. In this regard, the Committee requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of perpetrators of this worst form of child labour are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to continue to provide information on the impact of the measures taken, including 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 within the TBP, to prevent and remove children from being engaged in this hazardous form of work. The Committee requested the Government to provide information on the results achieved through these initiatives.

The Committee notes the Government’s statement that, at the end of phase I of the TBP, 457 children had been withdrawn from the offshore fishing sector, and an additional 6,653 children had been prevented from becoming engaged in this sector. The Government also indicates that the North Sumatra Government made efforts to monitor this sector and disseminated information about the dangers of working on fishing platforms through the provincial action committee on child labour. The Government indicates that child labour in this sector shall naturally decline due to the physical conditions of fishing platforms, and the lack of new fishing platform developments. However, the Committee notes that the Report on the NAP on WFCL stages I and II identifies offshore fishing platforms as an area where investigations and prosecutions for persons who employ children in the worst forms of child labour need to be more effective. This report indicates that many cases of violations were closed just after the investigations and never brought to court because of the inadequate capacity of law enforcers. It indicates that an owner of fishing platforms in North Sumatra was investigated for using children, but that this case was not brought to court for trial. The Committee 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 urges 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 impact of the measures taken in this regard, including the number of prosecutions, convictions and sanctions applied to persons who engage children in work on deep-sea fishing platforms.

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