PRESIDENTIAL DECREE NO 59/2002 DATED AUGUST 13, 2002 ON
THE PLAN OF NATIONAL ACTION FOR
THE ELIMINATION OF THE WORST FORMS OF CHILD LABOUR
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering.
a. that the growth and development of Indonesia children, either as individuals or as the future generations of the nations, must be maintained so that they can grow reasonably in terms of physical, mental, social and intellectual capabilities;
b. that employing children particularly in the worst forms of work is very dangerous to the children and will hinder them to grow and develop reasonably besides chiefly contradicting their basic rights and universally accepted humanitarian value;
c. that Indonesia ratified ILO Convention No 180 concerning the prohibition and immediate action for the elimination of the worst Forms of child labour through Law No 1/2000;
d. that Article 6 of ILO Convention No 182 gives a mandate to make implement National Auction Program to eliminate the worst forms of child labour;
e. that in conjunction with the matters in letters a, b, c and d it is deemed necessary to adopt the National Plan of Action for the elimination of the worst forms of child Labour through a Presidential Decree;
In view of :
1. Article 4, paragraph (1) of the 19445 Constitution ;
2. Law No 22/1999 on Regional Government (Statute Book of 1999 NO 60, Supplement to Statute Book No 3839);
3. Law No 1/2000 on the Ratification of ILO Convention No 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Statute Book of 2000 No 30, Supplement to Statute Book No 3941);
4. Government Regulation No 25/ 2000 on the Authority of the Government and the Authority of the Regional Governments as Autonomous Region (Statute Book of 2000 No 54, Supplement to statute book No 3952); 5. Presidential Decree No 12/2001 on the Committee of National Action for the Elimination of the Worst
Forms of Child Labour.
DECIDES : To stipulate :
PRESIDENTIAL DECREE ON THE PLAN OF NATIONAL ACTION FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOUR .
Article 1
The Plan of National Action for the elimination of the worst forms of child labour shall be stipulated as attached thereto.
Article 2
Article 3
This Presidential Decree shall come into force as from the date of stipulation.
Stipulation in Jakarta On August 13, 2002
THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Sgd
ATTACHMENT
THE PLAN OF NATIONAL ACTION FOR
THE ELIMINATION OF THE WORST FORMS OF CHILD LABOUR
CHAPTER I INTRODUCTION
A. Background
To date have been no exact data on the number of child workers. Child workers spread both in rural and urban areas. Child workers in rural areas are mostly employed in the agricultural, plantation, fishery and mining sector as well as in economic activities within families. C hild workers in urban areas are found in factories households (as household servants or workers of home industries or household industries) and on the streets as newspaper boys, shoe polishers or scavengers. Several of the jobs done by the children can be categorized as the worst forms of child labour. There are many reasons for justifying the presence of child workers. Among the reasons, poverty and economic condition are considered as the main factor as encouraging the presence of child workers.
Employing children is basically something bad in Indonesia. Yet such conditions has prevailed since Indonesia was under the Dutch colonial ruler.
The history of the protection of employed children started during the are of the Dutch colonial ruler when a number of law and regulations on a ban on the employment of children were issued. Yet efforts made to protect the employed children through laws and regulations have put more emphasis on the protection of employed children instead of specifically being directed towards eliminating child labour comprehensively.
Among the laws and regulations issued b the Dutch colonial ruler are :
1. Statute Book No 647/1925, which basically bans children aged less than 12 (twelve) from being employed :
a. in factories in closed space where they are usually employed as machine workers;
b. in closed work places where usually manual work involving ten persons or more take place;
c. in the construction, maintenance, repair and demolition of land roads, excavation, irrigation and construction and roads;
d. in the railway company, the loading, unloading and removing of goods in the port, pier, dockyard, railway station, bus terminal, place of loading and unloading, and warehouse, except if the goods are carried with hand;
e. a ban on children to remove heavy goods in the interest of a company
2. Ordonance of 1926, Statute Book NO 87 containing a ban on the employment of children aged less than 12 (twelve) for jobs in the ship, except if they work under the supervision of skilled workers or family members until the third degree.
3. Regulation of 1930, Statute Book No 341, containing a ban on the employment of children aged less than 16 (sixteen) for jobs in building on land.
Despite the issuance of Law No 1/1951 on the enforcement of the work Law No 12, in practice provisions in the law did not work.
In practice, the legislation which took effect at that time to protect and ban the employment of children were the afore mentioned statute books.
In later developments, provisions on the protection of and the ban on the employment of children were set forth in the following legislation, including Law No 4/1979 on child welfare.
In addition, the government has also issued a policy on compulsory elementary education through Presidential Instruction No 1/1994 on the implementation of compulsory elementary education program to give a chance to children aged between 7 (seven) and 15 (fifteen) to obtain elementary education. It is excepted that the policy on compulsory elementary education can indirectly reduce the number of child workers.
However, the laws and regulations issued by the Government are far from enough so that the government ratified the convention on rights of child through Presidential Decree No 36/1990.
To further protect the rights of child, Indonesia has ratified several ILO Conventions through Law No 20/1999 on the Ratification of ILO Convention No 138 Concerning minimum Wage for admission to employment, and Law No 1/2000 on the Ratification of ILO Convention NO 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Child Labour poses a problem to all sides and is multisectoral in nature that a policy on the control of child labour constitutes an intersectoral policy. Several efforts have been made to keep down the number of child workers, however, because of the still inconducive economic condition the efforts have not yielded encouraging fruits. Even the ever increasingly complex social problems have child workers to the worst forms of work. In line with the above matters and as implementation of the law on the Ratification of ILO Convention No 182, the Plan of National Actions for the Elimination of the Worst Forms of Child Labour is drawn up. The Plan of National Action for the Elimination of the Worst Forms of Child Labour is drawn up by involving various components grouped in the Committee of the National Action for the Elimination of the Worst Forms of Child Labour set up under Presidential Decree No 12/2001. The plan of National Action for the Elimination of the Worst Forms of Child Labour serves as guidelines for implementation the Program on the National for the Elimination of the Worst Forms of Child Labour.
The fundamental difficulty to plan activities or make programs for the elimination of the forms of child labour is the absence of reliable data for all sides on the number of child workers and the extent of child labour related problems in the worst jobs. This certainly understandable considering that the geographical condition, types of work and forms of work in one area are different from those in other areas.
Based on Law no 1/2000 on the Ratification of ILO Convention No 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, the worst forms of child labour mean :
a. all forms of slavery or the like, such as the sales and trading of child, debt bondage and serfdom as well as forced employment or compulsory employment, including the forced and compulsory mobilization of children to an armed conflict;
b. the use, supply or offer of children for prostitution, pornographic production, or pornographic shows;
c. the use, supply of offer of children for forbidden activity, particularly drug production and trading as laid down in the relevant international treaty;
d. work whose nature or location is hazardous to the health, safety and morale of children;
In the general, the definition of the worst forms of child labour in Indonesia according to Law No 1/2000 covers children physically or economically exploited including :
1. children employed as sex workers; 2. children employed in the mining sector; 3. children employed as pearl divers;
4. children employed in the construction sector;
6. children employed as scavengers;
7. children employed in the production and activity using explosives; 8. children working on the streets;
9. children employed as domestic servants; 10. children employed in the home industry; 11. children employed in plantations;
12. children employed to cut down trees, process and carry wood;
13. children employed in the industry and activity using hazardous chemicals.
B. The challenges of the action for the elimination of the worst forms of child labour : The challenges of the program for the elimination of the worst dorms of child labour are :
1. the absence of accurate and up-to-date data and information of labour with regard to the number of child workers, location, types of work, condition of work, and the impact of work on children;
2. the lack of information on the worst forms of child labour;
3. the limited capacity and experience of the Government, non governmental organization, and other parties in their efforts to eliminate of the worst forms of child labour;
4. the poor coordination among relevant parties to eliminate of the worst forms of child labour both at a central or regional (provincial and district/municipal) level;
5. the poor knowledge, awareness and attention on the part of the community to eliminate of the worst forms of child labour;
6. the adequate number of law apparatuses and law enforcers needed in the action for the elimination of the worst forms of child labour;
7. the absence of integrated and comprehensive po licy to eliminate of worst forms of child labour.
CHAPTER II
THE NATIONAL POLICY ON THE ELIMINATION OF THE WORST FORMS OF CHILD LABOUR
A. AIM
The essence and aim of the plan of national action for the elimination of the worst forms of child labour is to prevent and eliminate of the worst forms of child labour in Indonesia.
B. Vision and Mission Vision :
Children as the future generation of the nation must be free from the worst forms of work so that they can grow and develop reasonably and optimally in terms of physical, mental, social, and intellectual capabilities.
Mission :
1. Preventing and eliminating all forms of slavery or the like, such as the sales and trading of child, debt bondage and serfdom as well as forced employment or compulsory employment, including the forced and compulsory mobilization of children to an armed conflict;
2. Preventing and eliminating the use, supply or offer of children for prostitution, pornographic production or pornographic shows;
3. Preventing and eliminating the use, supply of children for illicit or forbidden activity, particularly the production and trading of drugs as laid down in the international treaty;
4. Preventing and eliminating the involvement of children in the production or sales of explosive, deep water diving, offshore work, underground work, and mining , as well as the elimination of other jobs whose nature or location is hazardous to the health, safety or morale of children.
C. Target Group
2. All parties using, supplying or offering children to do the worst forms of work
D. National Policy
Preventing and eliminating the worst forms of child labour in stages.
E. Strategy
The national Policy is implemented through integrated and comprehensive approaches with the following strategy :
1. Determining priority for the elimination of the worst forms of work in stages.
The elimination of priority is done by observing the extent and complexity of problems related to child workers employed in the worst form of work as well as the available sources to implement programs on the elimination of the worst forms of child labour .
2. Involving all parties in all levels
The issue on child workers involved in the worst forms of work is the national problem. No single party feels capable of solving the issue on child labour on its won. Therefore, the involvement of all parties in the program of elimination of the worst forms of child labour is a key to the success of the program. 3. Developing and utilizing domestic potentials carefully. In view of large resources needed to eliminate of
the worst forms of child labour, optimum efforts must be made to tap, develop and utilize carefully various resources owned by the Central and Regional Governments as well as the potentials in the community.
4. Cooperation with and technical assistance from various countries and international institutes. Judging by the limited resources and experience in the elimination of the worst forms of child labour, cooperation with the technical from various countries and in ternational institutes are needed.
CHAPTER III ACTION PROGRAMS
To achieve the aim and target of the plan of national action, namely the elimination of the worst forms of child labour, action programs are needed. To support the attainment of the aim and target of the action programs, the plan of national action is divided into different phases. The phases of the said program are :
a. first phase, the target expected to be achieved after 5 (five) years; b. second phase, the target expected to be achieved after 10 (ten) years; c. third phase, the target expected to be achieved after 20 (twenty) years;
The phases of the program can be explained in details as follows :
A. The Phases and Program 1. First phases
The target expected to be achieved after 5 years :
a. the emergence of public awareness to eliminate of the worst forms of child labour;
b. the classification of problems on the worst forms of child labour and efforts to eliminate the problems;
c. the implementation of programs on the elimination of the worst forms of child labour with priority given the child workers employed in offshore work and deep water diving, child workers traded for prostitution. Child workers employed in the mining sector, child workers employed in the footwear industry, child workers employed in the production and trafficking of narcotics psychotropic, precursors and other addictive substances.
The target expected to be achieved after 10 years :
a. the replication of models of the elimination of the worst forms of child labour implemented in the first phase in other areas;
b. the growth of programs on the elimination of the worst forms of child labour;
c. the availability of policies and apparatuses to eliminate of the worst forms of child labour. 3. Third phase
The target expected to be achieved after 20 years :
a. the institutionalization of national movement to eliminate of the worst forms of child labour effectively;
b. the prioritizing of elimination of the worst forms of child labour.
B. Activities in the First Phase
1. Research and Documentation
The program on the prohibition and immediate action for the elimination of the worst forms of child labour is drawn up on the basis of the extent, quality and location of problems. For this purpose, there must be complete statistical data on the number of children, the types of work and the threat facing the children involved in the worst forms of work. The scope of research and documentation of child labour an be expanded, covering :
a. statistical data on child workers aged 10 and above;
b. statistical data on child workers aged less than 18 involved in the worst forms of work;
c. statistical data on crime committed by children with regard to the number of cases, the types of cases, the number of victims, perpetrators, modusoperandi, sites and time of incident.
2. Campaign on the elimination of the worst forms of child labour.
Information on the worst forms of work is very imperative to support the success of the elimination of the worst forms of child labour. Programs for disseminating information on the worst forms of child labour covers:
a. disseminating information on the worst forms of child labour to the general public; b. facilitating the growth of social groups paying attention to child labour;
c. socializing the plan of national action for the elimination of the worst forms of child labour;
d. encouraging the role of the mass media in dissemination information on the worst forms of child labour at national, provincial, district and municipal levels.
3. The study and development of models for the elimination of the worst forms of child labour. To support the success of the program on the elimination of the worst forms of child labour, there is need to make a study of and develop models for the elimination of the worst forms of child labour so that the implementation of the program is not merely based on assumptions.
The study covers :
a. institution involved in the handling of child labour; b. the characteristics of the worst forms of child labour;
c. the models of the elimination of the worst forms of child labour, covering advocacy, direct assistance, rehabilitation, and reintegration with the community;
d. guidelines for the replication of models; e. guidelines for liaison social workers; f. guidelines for monitoring and evaluation. 4. The harmonization of law and regulations
law No 1/2000 on the ratification of ILO convention No 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour is implemented and followed up on by harmonizing laws and regulation , covering :
a. establishing the worst forms of child labour hazardous to the health , safety and morale of children; b. stipulating that employing child in the worst forms of work is criminal offence;
5. The promotion of awareness and advocacy
The promotion of awareness and advocacy is imperative to speed up the prohibition and immediate action for the elimination of the worst forms of child labour. The promotion of awareness and ad vocacy covers :
a. drawing up the method and model of socializing the plan of national action for the elimination of the worst forms of child labour;
b. socializing the plan action of national action for the elimination of the worst forms of child labour; c. building a system to accommodate complains from the public about the involvement of children in
the worst forms of work. 6. The strengthening of capacity
The capacity of institutions, networks and human resources to manage this program need to be enhanced. The development of capacity is aimed at improving the knowledge of the worst forms of child labour, the methods of prohibition and action for the elimination of the worst forms of child labour, and networks. Solidification efforts are made through training courses, technical cooperation among government agencies, organization of entrepreneurs and workers/employees, and non-government organization, apprenticeship and comparative study as well as empowerment of the public and families at national, provincial, district and municipal levels.
7. The integration of programs on the elimination of child labour into relevant institutions.
The children who have been free from the worst forms of child labour need social guidance and support, medical service and financial help so that they can return to the community (family)
Therefore, efforts to free children from the worst forms of child labour must be integrated with other efforts so that the children will not return to the worst forms of child labour. The integration efforts are made through :
a. policies in the Central Government, Provincial Government and District/Municipal Government; b. integrated and interfunctional coordination.
c. Intersectoral and interfunctional coordination.
C. Activities in Second and Third Phases
Activities in the second phase are based on the result of activities carried out in the first phase. Likewise, activities in the third phase will be arranges based on the result of activities carried out in the second phase.
CHAPTER IV
ROLE AND RESPONSIBILITY
To implement the program, the role of all side including the central government, the regional governments, non-governmental organizations, labour/trade unions, employers and the public is needed. The role and responsibility consists of the following sectors :
1. The Education Sectors
a. the collection of data on school dropouts;
b. the granting of facilities to enable all layers of the community to have access to nine years compulsory education program;
c. the granting of scholarships with priority given to children from financially weak families and poor families which cannot afford to finance the education of their children;
d. the improvement of learning and teaching methods and the provisions of extra facilities, such as dormitories and psychological consulting services for children doing the worst forms of child labour; e. the granting and facilities to children who have been free from the worst forms of child labour to have
f. the provision of training courses for tutor and counselors in facing child workers employed in the worst forms of child labour.
2. The Manpower Sector
a. the collection and dissemination of data and information on all matter related to the worst forms of child labour;
b. the provision of training courses, rehabilitation efforts and the integration of programs;
c. the coordination of efforts to free children from the worst forms of child labour and prevent them from returning to the worst forms of child labour;
d. the creation and implementation of programs on the removal of children from work places; e. the inspection of work places susceptible to the worst forms of child labour;
f. the taking of steps to free children from the worst forms of child labour. 3. The Health Sector
a. the collection of data on the research and study of the possible worst impact hazardous to the health of children involved in the worst forms of child labour;
b. the provisions of health services for children (including those that have come out of their work place) at health centers;
c. the dissemination of information among the parties related to the problem of child labour about the health risks of employed children;
d. the improvement of child workers and their parents awareness of health. 4. The Law Enforcement Sector.
a. the adoption of strategy of cooperation among relevant ministries/ agencies and with non government organization in freeing and saving children from the worst forms of child labour;
b. the adoption of policies, efforts and steps to prevent and control the worst forms of child labour in areas through pre-emptive, preventive and repressive approaches;
c. the taking of steps and other measure considered necessary within the framework of the existing laws and regulations to save children from the worst forms of child labour;
d. the prevention and control of the worst forms of child labour through
? pre-emptive approaches, namely activities directed towards neutralizing and eliminating factors giving rise to the worst forms of child labour through guidance, counseling service, communication and get together with perpetrators. Child victims, parents, religious figures/social figures and tutors; ? preventive approaches, namely activities directed towards eliminating chance of the worst forms of
child labour through open closed patrols and raids on places/areas at the time when cases of the worst forms of child labour are supposed to be committed;
? repressive approaches, namely activities directed towards conducting investigations by security agencies into perpetrators to bring them to justice through public prosecutors.
e. the indictment of perpe trators involved in the employment of children on the worst forms of child labour within the framework of the existing laws and regulations;
f. intersectoral coordination and cooperative to create common stand and step to control the worst forms of child labour, ranging from formulation, organization, implementation, to control;
g. the taking of steps to follow up on all complaints about the exploitation of child workers within the framework of the existing laws and regulations.
5. The Law and Regulation Harmonization Sector
a. the evaluation of all laws and regulations related to the prohibition of children to work in the worst forms of child labour;
b. the enactment of laws and regulations related to the prohibition of children to work in the worst forms of child labour, and the declaration of act to involve in the worst forms of child labour as a criminal offence;
d. the harmonization of the existing laws and regulation particularly those related to the child problem. 6. The Social, Cultural and Economic Sector.
a. the identification of areas under a threat of danger to the physical, mental and moral development of children;
b. the arrangement of religious education as well as mental and spiritual education for children who are the risk of dropping out of school;
c. the socialization and dissemination of policies among religious figures and institutions on the elimination of the worst forms of child labour;
d. the making of guidelines for preachers about child workers and the worst forms of child labour;
e. the establishment of cooperative with social workers to ensure that children undergo social rehabilitation through guidance;
f. the provision of micro credits to families employing their children;
g. the provision of small- scale business guidance and the opening of wider market access;
h. the improvement of housing facilities for poor families to enable them to have clean and he althily houses;
i. the empowerment of the community as part of efforts to eliminate the worst forms of child labour. 7. The Media Sector .
a. the dissemination of information on the plan of national action for the elimination of the worst forms of child labour;
b. the dissemination of law and regulations related to the worst forms of child labour;
c. the dissemination of information on various activities related to the implementation of the plan of national action for the elimination of the worst forms of child labour;
d. the nurture of journalistic sensitive to the practices of the worst forms of child labour.
CHPATER IV
MONITORING AND EVALUATION
To maintain the continuity of policies and various national program, the implementation of the plan of national action for the elimination of the worst forms of child labour needs to be evaluated periodically.
The committee of national action for the elimination of the worst forms of child labour as referred to in Presidential Decree NO 12/2001 monitors and evaluates the impleme ntation of plan of national action for the elimination of the worst forms of child labour by observing the existing laws and regulations. In monitoring and evaluating the implementation of the plan, the committee can involve all layers of the community and relevant agencies in the national action so as to make it more efficient and effective.
The monitoring and evaluation are aimed at evaluation the success of the plan of national action for the elimination of the worst forms of child labour. The monitoring and evaluation are conducted through
a. the development of system and mechanism of monitoring; b. the indicator of the success of the program;
c. publication;
d. periodical reporting.
CHAPTER VI CONCLUSION
THE PRESIDENT OF THE REPUBLIC OF INDONESIA Sgd
MEGAWATI SOEKARNOPUTRI
