RATIFICATION ILO CONVENTION NO. 182
CONCERNING THE PROHIBITION AND IMMEDIATE ACTION FOR THE ELIMINATION
OF THE WORST FORMS OF CHILD LABOUR
WITH THE BLESSING OF GOD
THE PRESIDENT OF REPUBLIC OF INDONESIA
That the State of the Republic of Indonesia, which is based on the
Pancasila State Ideology and the 1945 Constitution, is a State based
on the rule of law which upholds human dignity and values. Hence,
it is compulsory that every human, adult or child are entitled to
receive a protection guarantee from practices that inhuman and insult
the human's dignity;
That Indonesian as a nation and as part of the
international community honours, respects and upholds the principles
and the objectives of the Character of the United Nations, and the
1948 Universal Declaration of Human Rights, the 1944 Declaration
of Philadelphia, the Constitution of the International Labour Organisation
(ILO) and the 1989 Children's Right Convention;
That the Eighty-Seventh Session of International
Labour Conference on June 17, 1999 adopted the ILO Convention No.
182 concerning the prohibition and immediate action for the elimination
of the worst forms of child labour;
at the Convention accords with the will of Indonesian
as a national to continuously uphold and advance the implementation
of human rights in the life society, nation and state;
that based on the considerations mentioned in paragraphs
1., b., c., and d., it is deemed necessary to ratify the ILO Convention
No. 182 concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour by the issuance of
In view of : 1. Article 5 paragraph (1); Article
11, Article 20; Article 27, Article 31; and Article 34 of the 1945
2. The Decree to the Peoples Consultative Assembly
Number XVII/MPR/1998 concerning Human Rights;
WITH THE APPROVAL OF THE HOUSE OF
REPRESENTIVE OF THE REPUBLIC OF INDONESIA
To enact : ACT ON THE RATIFICATION OF THE ILO CONVENTION
NO. 138 CONCERNING THE PROHIBITION AND IMMEDIATE ACTION FOR THE
ELIMINATION OF THE WORST FORMS OF CHILD LABOUR
Ratifies the ILO Convention No. 182 concerning
the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour whose authentic English text and its
Indonesian translation are appended to this ratification as an inseperable
part of this Act.
This Act shall come into force on the day of its
promulgation. In order that everyone take cognisance of this, the
promulgation of this Act is here with ordered by publication in
the State Gazette of the Republic of Indonesia.
Enacted in Jakarta on 08 March 2000
The President of the Republic of Indonesia
ACT NO. 1 OF 2000 ON THE RATIFICATION OF THE ILO CONVENTION NO.
182 CONCERNING PROHIBITION AND IMMEDIATE ACTION FOR THE ELIMINATION
THE WORST FORMS OF CHILD LABOUR
Children as human beings created by God are endowed
with fundamental rights since their birth. No other human beings
or parties can deprive these rights. Children's rights have been
universally acknowledged as stated in the United Nations Charter,
the 1948 Universal Declaration of Human Rights, the 1944 International
Labour Organisation (ILO) Declaration of Philadelphia and the 1959
United Nations Declaration of Children's Rights. Such acknowledgement
is also stated in the 1966 United Nations Convention on Economic,
Social and Cultural Right and in the 1989 United Nations Convention
on Children's Rights. Hence, every country in the world is morally
demanded that they honour, uphold and protect children's rights.
A particular form of children's rights is to get
a protection guarantee in accordance with the principles of religion
and humanity. The protection guarantee of children's rights is in
harmony with the Principles of the Pancasila State Ideology and
the objectives of the State as stated in the Preamble of the 1945
As a member of the United Nations and the International
Labour Organisation (ILO), Indonesia respects, upholds and makes
efforts to implement the decisions made by these International Organisations.
The 87th Session of International Labour Conference
in Geneva on June 17, 1999 adopted ILO Convention No. 182 concerning
the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour , which is one of the Conventions for
protecting children's rights.
This Convention requires each Member country of
the ILO that ratifies it to eliminate the worst forms of child labour.
In accordance with what is required in Article
2 paragraph (1) of the Convention, the term "child" shall
apply to all persons under the age of 18.
II . UNDERLYING IDEAS OF THE ADOPTION OF CONVENTION
1. ILO Convention No. 138 of 1973 concerning A
minimum age for admission to work is a fundamental instrument of
2. Beside the ILO Convention No. 138 of 1973, it
is deemed necessary to ratify the new instrument of labour standard
to prohibit and to eliminate the worst forms of child labour which
accompanies the ILO Convention No. 138 of 1973;
3. The Convention on Children's Right was adopted
by the United Nations' General Assembly on November 20, 1989.
4. Some of the worst forms of child labour are
also covered by other international instruments in particular the
ILO Convention No. 29 of 1930 concerning Forced Labour, and the
United Nations Supplementary Convention on the Abolition of slavery,
the slave trade, and Institutions and Practices siminar to Slavery,
III. REASONS WHY INDONESIA RATIFIES THE CONVENTION
1. The Pancasila (which literally means the Five
Principles) is the philosophy of the nation and the way through
which Indonesians as a nation see life. The 1945 Constitution, as
the source and basis a of national laws, upholds human dignity and
values as implied in the Five Principles of Pancasila, particularly,
in the principle of Ajust and civilised humanity@. Therefore, the
Indonesian Nation pledges to protect children's fundamental rights
in accordance with the provisions of this Convention.
2. In order to practice the Principles of the Pancasila
and to implement the 1945 Constitution, Indonesia has established
various laws that govern the protection of children.
3. The People's Consultative Assembly of the Republic
of Indonesia by the Issuance of Decree No. XVII/MPR/1998 concerning
Human Rights has appointed the President and the House of Representatives
to ratify various United Nations instrument related to human rights.
Indonesia has ratified the United Nations Convention on Children's
Rights on September 30, 1990. In addition, Indonesia has ratified
7 (seven) ILO Conventions including Convention No. 138 concerning
the Minimum Age for Admission to Employment with Acts no. 20 of
1999. Those Conventions cover the workers' fundamental rights.
4. While practising the Principles of the Pancasila
and implementing legislative rules and regulations, however, violations
against the protection of children are still felt.
Therefore, the ratification of the Convention is
aimed at eradicating any forms of child labour practices. The ratification
is also aimed at improving protection and effective legal enforcement
to ensure that children are safe from all forms of slavery or practices
dealing with children prostitution, production of pornography, drugs
and psychotropics traffickings. This protection also covers protection
against works of which in nature is likely jeopardise the health,
safety, and moral of the children.
5. By ratifying this Convention, Indonesia demonstrates
its seriousness in furthering the protection of children's rights
as mentioned in the above paragraph
6. This will enhance Indonesia's image in international
forums and strengthen the confidence of the international community
IV. THE FUNDAMENTALS OF THE CONVENTION
1. The ILO member countries, which ratify this
Convention, shall take immediate and effective measures to secure
the prohibition and elimination of the worst forms of child labour
as a matter of urgency.
2. The term "child" means all persons
under the age of 18.
3. The term "worst forms of child labour"
a). all forms of slavery or practices similar to slavery, such as
the sale and trafficking of children, debt bondage and serfdom and
forced or compulsory labour, including forced or compulsory recruitment
of children for use in armed conflict.
b). The use, procurement or offering of a child
for prostitution, production of pornography or pornographic performances.
c). The use, procurement or offering of a child
for illicit activities, in particular for the production and trafficking
d). Work which, by its nature of the circumstances
in which is carried out, is likely to jeopardise the health, safety
or morals of children.
4. The ILO member countries which ratify this Convention
shall design and implement programmes of action to eliminate as
a priority the worst forms of child labour,.
5. The ILO member countries which ratify this Convention
shall take necessary measures to ensure the effective implementation
and enforcement of the provisions giving effect to this Convention
including the provision and application of penal sanctions or, as
appropriate, other sanction.
6. The ILO member countries that ratify this Convention
are obliged to report its implementation.
V. ARTICLE BY ARTICLE
Should differences in interpreting the Indonesian
translation of this Convention arise, the authentic text of the
English version of this Convention applies.
Article 2 Sufficiently clear
SUPPLEMENT TO THE STATE GAZETTE OF
THE REPUBLIC OF INDONESIA No. 3941