Selected Child Labor Measures Adopted by Governments
| Ratified Convention 138 6/07/1999 |
X |
| Ratified Convention 182 3/28/2000 |
X |
| ILO-IPEC Member |
X |
| National Plan for Children |
X |
| National Child Labor Action Plan |
X |
| Sector Action Plan (economic and commercial sexual exploitation) |
X |
Incidence and Nature of Child Labor
The ILO estimated that 7.1 percent of children ages 10 to 14 years in Indonesia were working in 2002.[2065] Children work in agriculture and in the rattan and wood furniture, garment, footwear, food processing, toy, fishing, construction, and small-scale mining sectors.[2066] Other children work in the informal sector selling newspapers, shining shoes, scavenging, and working beside their parents in family businesses or cottage industries.[2067] The Indonesian government reports that 6 to 12 million Indonesian children are involved in the worst forms of child labor, identified as prostitution; child trafficking; fishing; woodworking; street vending; drug trafficking; domestic servitude; employment as porters; work on fishing platforms; in diamond, gold, coal, marble, and sand mines; in transportation; on plantations; at dumpsites; in the footwear industry; and in formal sectors (such as food, cigarette, and canned shrimp industries).[2068] Considerable numbers of children work in these worst forms,[2069] and are also used in the production of pornography.[2070] Indonesia is a source, transit and destination country for a significant number of international and internal trafficking victims, including children.[2071] Children are also engaged in the production, trafficking, and/or sale of drugs.[2072] In addition, paramilitary groups and civilian militias, such as The Free Aceh Movement, have recruited children to serve as child soldiers.[2073]
The December 26 tsunami left thousands of children in Indonesia orphaned or separated from their families and without access to schooling, increasing their vulnerability to trafficking and other forms of labor exploitation. However, the impact of the disaster on children's involvement in exploitive child labor has yet to be determined.
Law No. 20 of 2003 on National Education provides for free, compulsory, basic education for children ages 7 to 15.[2074] However, many families cannot afford education costs—such as entrance fees, uniforms, supplies, and fees for parent-teacher associations.[2075] Other obstacles to education also exist, such as distance to schools[2076] and the destruction of schools in conflict areas.[2077] In 2001, the gross primary enrollment rate was 110.9 percent and the net primary enrollment rate was 92.1 percent. Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. Recent primary school attendance rates are not available for Indonesia. As of 2000, 89.3 percent of children who started primary school were likely to reach grade 5.[2078] There is a much higher rate of completion of lower secondary school among youths from urban areas as compared to rural areas.[2079]
Child Labor Laws and Enforcement
The Manpower Development and Protection Act No. 13 of 2003 establishes 18 years as the minimum age for employment. The same law permits children ages 13 to 15 years to engage in a maximum of 3 hours of light work per day.[2080] The Act also establishes criminal sanctions of imprisonment from 2 to 5 years for those employing children in the worst forms of child labor.[2081] Former President Megawati signed the National Child Protection Act into law on October 22, 2002. This law provides a strong legal basis for protecting children under age 18 from a variety of abuses and prohibits the employment of children in the worst forms of child labor.[2082] Under Article 78 of the Act, persons who expose children to such hazardous activities are liable to terms of up to 5 years imprisonment and/or a possible maximum fine of 100 million rupiah (USD 10,778). Articles 81 to 83 stipulate that persons involving a child in commercial sexual exploitation or traffic a child could face stiff prison sentences and fines ranging from 60 million to 300 million rupiah (USD 6,467 to USD 32,334). Persons involving children in various forms of armed conflict are subject to imprisonment under Article 87 for up to 5 years and/or a fine of 200 million rupiah (USD 21,556). Persons economically or sexually exploiting children can be imprisoned for up to 10 years according to Article 88, or face fines of up to 200 million rupiah (USD 21,556). Per Article 89, those involving children in the production or distribution of narcotics face prison terms of 5 years to life or the death penalty, and fines of between 50 million and 500 million rupiah (USD 5,389 to USD 53,890).[2083]
Ministry of Home Affairs and Regional Autonomy Decree No. 5 of January 2001 on the Control of Child Workers calls for programs to remove children from hazardous work and assist them in returning to school.[2084] The Penal Code makes it illegal for anyone exercising legal custody of a child under 12 years of age to provide that child to another person, knowing that the child is going to be used for the purposes of begging, harmful work, or work that affects the child's health. The Code imposes a maximum sentence of 4 years imprisonment for violations of this kind.[2085]
The Penal Code prohibits engaging in an obscene act with a person below 15 years of age. The penalty for violations is up to 7 years in prison. The use of force or threats increases the penalties.[2086] The Penal Code also prohibits trafficking of women and younger boys, with a maximum penalty of 6 years imprisonment for violations.[2087] The Law on National Defense of 1982 sets the minimum age for voluntary recruitment into the armed forces at 18 years.[2088]
Ministry of Manpower authorities at the provincial and district levels have the responsibility for enforcing child labor laws.[2089] Due in part to a lack of resources, corruption, and weak law enforcement, the government does not enforce child labor laws in an effective or thorough manner.[2090] The national police’s anti-trafficking unit and other law enforcement bodies have increased efforts to combat trafficking of children. The government reported the conviction of 27 traffickers in 2003.[2091] An additional 25 cases involving 57 suspects are pending prosecution.[2092]
Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Ministry of Manpower and Transmigration issued a decree in 2003 regulating child labor that poses a risk to the health, safety, and morals of the children, and a second decree in 2004 designed to protect the development of working children’s talents and interests.[2093] The National Program of Action on the Elimination of the Worst Forms of Child Labor was established in 2002.[2094] This program focuses on efforts to eliminate five worst forms of child labor: commercial sexual exploitation, drug trafficking, footwear production, fishing, and mining.[2095] In July 2003 the government initiated a national campaign against commercial sexual exploitation of children, focusing on the link to tourism.[2096] Local governments of Batam and Bali have followed up with funding for the program, including two new shelters for trafficking victims in Batam.[2097]
In 2004, the government established the Commission for the Protection of Indonesian Children (KPAI), which is responsible for receiving complaints and advising the government on issues of public education.[2098] The government is currently finalizing the National Programme for Children through 2015, which will address issues such as the promotion of a healthy life, equal and quality education for all, combating HIV/AIDS and protecting children.[2099]
The Government of Indonesia participates in a USDOL supported ILO-IPEC Timebound Program to progressively eliminate the worst forms of child labor. The program is being implemented from 2004-2009 and focuses on five National Action priority sectors: offshore and deep sea fishing, child prostitution, mining, footwear industry and drug trafficking.[2100] The USDOL also launched a new 4-year USD 6 million project in September 2004 to combat child trafficking in Indonesia.[2101] USAID provides support for capacity building to strengthen the efforts of the Ministry of Women’s Empowerment to combat trafficking and to advocate for anti-trafficking laws and policies.[2102] UNICEF also works to support schools and in parts of Aceh and the Malukus to address the effects of the civil conflict.[2103] President Bush has also included Indonesia in his new USD 50 million anti-trafficking-in-persons initiative.[2104]
The World Bank has four active education projects in Indonesia that aim to improve the quality of early basic education and junior secondary education.[2105] The World Bank also funds the Urban Poverty Project in selected areas of Indonesia, which includes the provision of grants to communities or local governments for projects to improve education, among other goals.[2106] AusAID supports government efforts to improve basic education.[2107] The ADB supports two projects undertaking decentralization of education, one focusing on basic education in 21 districts in three provinces,[2108] and the other aiming to assess overall decentralization with a focus on technical and vocational education, girls’ education, and open schooling for dropouts.[2109] An ADB grant also targets the basic education of disadvantaged children and those living in the remote areas of the Nusa Tenggara Barat province.[2110]
After the December tsunami, Indonesian government officials took steps to protect children in Aceh from potential trafficking and exploitation of children by implementing a measure that bars adults from leaving the country with children under the age of 16.[2111]
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