Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C182

Observation

Demande directe

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Articles 3 and 5 of the Convention. Worst forms of child labour and monitoring mechanisms. Clause (a). Sale and trafficking of children. With regard to its previous comments concerning the measures taken to strengthen the capacities of the law enforcement bodies to combat trafficking in persons, the Committee notes the Government‘s information in its report that in 2021, the Ministry of Women Empowerment and Child Protection (MoWECP) organized several trainings on issues related to trafficking in persons for 140 law enforcement & Human Resources officials from 34 provinces in Indonesia. The MoWECP also issued the Ministerial Regulation No. 08/2021 on the Standard Operating Procedure (SOP) for Integrated Services for Witnesses and/or Victims of trafficking in persons. The scope of this regulation includes complaints mechanism, health rehabilitation, legal assistance, repatriation, social rehabilitation and reintegration. Moreover, the Indonesian National Police conducts routine trainings on handling cases related to trafficking in persons for its officials and criminal investigators from the central and regional police offices. According to the data from the National Police Criminal Investigation Department, from 2015 to 2021, there were 1,279 victims of trafficking, including 25 girls and one boy. There were 103 cases involving 189 suspects, of which 78 cases have been completed. Moreover, based on the data compiled by the Online Information System for the Protection of Women and Children (SIMFONI PPA) in June 2022, the number of cases of trafficking in persons has increased steadily, from 226 cases in 2019, to 422 cases in 2020; and 683 cases in 2021. The majority of victims (91 per cent) were women and girls, while 9 per cent were men, including boys.

The Committee, however, notes from the UNICEF Report on State of Children in Indonesia, 2020 that Indonesia is a major source (and a destination and transit) country for trafficking in persons, including children, for purposes of sexual and labour exploitation. Indonesian women and girls are subjected to sex trafficking primarily in Malaysia, the Middle East and Taiwan as well as subjected to internal trafficking – particularly for mining operations in Maluku, Papua and Jami province. The Committee urges the Government to strengthen its efforts to combat trafficking of children by ensuring that thorough investigations and prosecutions are carried out against persons who engage in the trafficking of children and to provide information on the number of investigations, prosecutions and convictions, as well as the specific penalties imposed in this respect. In this regard, it requests the Government: (1) to continue to take the necessary measures to strengthen the capacity of law enforcement bodies to combat trafficking in children, including by means of training on anti-trafficking legislation and the provision of adequate resources, and (2) provide information on the criteria used for the identification of victims of trafficking as well as on the challenges faced by law enforcement bodies in this regard . The Committee requests that the Government provide information on the measures taken in this regard and the results achieved.

Clause (c). Use, procuring or offering of children for the production and trafficking of drugs. The Committee previously noted that section 89 of the Act on Child Protection of 2002, provides for penalties involving imprisonment for life for persons who involve children in the production, sale and trafficking of drugs. However, it noted the Government’s information 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 notes the Government’s reference to section 133(1) of Law No. 35 of 2009 on Narcotics that establishes penalties of imprisonment for involving children under the age of 18 years for drug related offences, including the production, selling, buying and importing of drugs. The Government further provides information concerning the judicial procedure for drug related offences and indicates that children who engage voluntarily or without orders from an adult person in drug related offences shall be punished. Referring to its general observation on Convention No. 182 adopted in 2020, the Committee emphasizes that children involved in the worst forms of child labour, such as work in illicit activities should be treated as victims, rather than criminals. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and 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 also requests the Government to take the necessary measures to ensure that children engaged in drug related offences are treated as victims rather than offenders and therefore are not punished. The Committee further requests the Government to provide information on the number of investigations, prosecutions and sanctions imposed pursuant to section 89 of the Act on Child Protection of 2002 and section 133(1) of Law No.35 of 2009 about Narcotics.

Clause (d). Hazardous work. Child domestic workers. The Committee previously noted that the Domestic Workers Protection Bill, which will regulate domestic work by children under 18 years of age, was undergoing endorsement. It also noted that three local regulations on the protection of domestic workers were initiated in Bandar Lampung City, South Sulawesi Province and in Malang District. It further noted that the Committee on the Rights of the Child, in its concluding observations of 10 July 2014 expressed concern, at the high number of children, as young as 11 years old, who were involved in hazardous work in domestic work.

The Committee notes the Government’s information that efforts are being made to eradicate hazardous child labour in the domestic sector through the Reduction of Child Labour to support the Family Hope Programme (PPK-PKH Programme) 2008–2020. Moreover, community-based child-labour eradication programmes, are being conducted in four regions namely Bandar Lampung City, South Sulawesi Province, Malang and Banten Districts. The Government also indicates that two regulations were issued for the prevention of child domestic work at the regional level, namely the Regent Regulation No. 4 of 2018 concerning Improving the Competence of Domestic Workers and Regulation No. 8 of 2018 concerning the Protection of Female Domestic Workers in Bandar Lampung City. With regard to the Domestic Workers Protection Bill, the Government states that a task force has been established to expedite its adoption process.

The Committee further notes that the ILO Project, namely Promoting Decent work for Domestic Workers and the Elimination of Child Labour in Domestic Work in Indonesia, 2018 had led to the development of ten emerging good practices from Indonesia which includes: campaigning through social media and engaging mass media to promote decent work for domestic workers and eliminate child domestic work; community-based monitoring; improving domestic worker supplier agencies’ practices through Codes of Conduct, which includes respecting the minimum age of 18 years for recruitment and placement of domestic workers. The Committee strongly encourages the Government to continue its efforts to address the situation of child domestic workers, and to continue to provide information on the measures taken and the results achieved, particularly in terms of the prevention and withdrawal of children from domestic work. The Committee further hopes that the Government will take the necessary measures to ensure that the Domestic Workers Protection Bill is adopted, without delay, in order to ensure the comprehensive protection of children under 18 years from domestic work. It requests the Government to provide information on any progress made in this regard and to provide a copy once adopted.

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. Commercial sexual exploitation of children. The Committee previously noted that the Government developed a guideline entitled “Child-friendly Tourism Villages” which would be applied as part of the Community-based Integrated Child Protection Villages in tourism spots. It had urged the Government to intensify its efforts to protect children under 18 years of age from commercial sexual exploitation, including in the tourism sector.

The Committee notes the Government’s information that Law No. 12 of 2022 concerning the Crime of Sexual Violence, which also regulates matters relating to the protection of victims of sexual exploitation along with penalties for its perpetrators have been adopted. The Government also indicates that throughout 2021, the MoWECP conducted Training of Trainers for the establishment of Exploitation-Free Child-Friendly Tourism Villages for 14 districts in 8 provinces, and from 2021–22, conducted Technical Guidance and Assistance for the Establishment of Exploitation-Free Child-Friendly Tourism Villages in 8 villages. The Government states that through these activities the villages have committed to protecting children and offering help and assistance for children in dealing with cases of exploitation including trafficking for sexual exploitation. The Committee, however, notes from the UNICEF report on the State of children in Indonesia, 2020 that children are sexually exploited in tourism in the Riau Islands bordering Singapore and in Bali. Furthermore, according to the UNICEF Press release of 22 July 2022 on the findings of a survey entitled Disrupting Harm in Indonesia, 2021 (funded by the Global Partnership to End Violence against Children with UNICEF as one of its partners), at least 2 per cent of children (around 500,000) aged 12–17 years in Indonesia are reported to be victims of online sexual exploitation. The Committee urges the Government to continue to take effective and time-bound measures to identify and protect children under the age of 18 years from commercial sexual exploitation in the tourism sector and online sexual exploitation. It requests the Government to continue to provide information on the measures taken in this regard, including the number of children who have been removed from commercial sexual exploitation and rehabilitated. Lastly, the Committee requests the Government to continue to provide information on the impact of the Guideline on Child-friendly Tourism Villages in preventing children from engaging in commercial sexual exploitation.

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

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