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Preparing the foundations for a Time-Bound Programme for Indonesia

Summary of the present situation

IPEC has been active in Indonesia since 1992 with more than a hundred action programmes to combat child labour in the country. In general, most programmes were limited in scale and therefore their impact was also limited. Most important is that we draw lessons from the past and try to combat this very complex problem in society. After 10 years of experience, and with the ratification of both Convention 138 and Convention 182, the ILO wishes to encourage the government to combat this problem in a larger, more comprehensive way. The ILO will support Indonesia with technical assistance.

With the ratification of ILO Convention 182 in March 2000, Indonesia committed itself to "take immediate and effective measures to secure prohibition and elimination of the worst forms of child labour as a matter of urgency". To demonstrate that the worst forms of child labour can be eliminated within a specific time-frame, ILO's International Programme on the Elimination of Child Labour (IPEC) has designed a new, integrated national "Time-Bound Programme (TBP)" approach, drawn from its own extensive experience and that of its many partner organizations worldwide. This approach is explained in the manual "Eliminating the worst forms of child labour: an integrated and time-bound approach; a guide for governments, employers, workers, donors and other stakeholders". Three countries are currently implementing such a programme: Nepal, Tanzania and El Salvador.

A TBP is essentially a set of tightly integrated and coordinated policies and programmes to prevent and eliminate a country's worst forms of child labour within a certain period of time (5 to 10 years). This time-frame depends on the availability of resources, the nature of the worst forms of child labour, level of local expertise and other circumstances in each programme country.

Eliminating child labour's worst forms requires a strong national commitment to implement a series of complementary policy measures designed to withdraw and rehabilitate working children and prevent at-risk children from becoming child labourers. It needs extensive preparation to ensure the programme is well targeted and effective. The time-bound approach also needs the involvement of all key stakeholders, including government at all levels, NGOs and workers' and employers' organizations.

The TBP can be divided in four phases:
1. Laying the foundation (by setting goals, mobilizing high-level political support and civil society and by research and analysis).
2. Designing the programme (by preparing a national policy paper and programme proposal)
3. Programme implementation (implemented by local partners, government agencies, workers' and employers' organizations and NGOs; IPEC and its partners continue to closely monitor and evaluate the progress)
4. On-going programme evaluation


Capacity of partners in Indonesia

The time-bound programme is to be implemented by national organizations. Therefore, it is important to assess what their capacity is to design, monitor and evaluate the TBP and what needs to be done to improve it.

There are reservations as to whether the partner organizations have the structures, policies or funds to support effectively a range of activities to combat child labour. There have been encouraging signs with the interest shown by the new Minister of Manpower and Transmigration and the progress made with the development of a National Plan of Action. Workers' and employers' organizations are still quite weak in general. Most workers' organizations are recently established and child labour is not a priority concern for them. The employers' organization represents mainly large enterprises, while most exploitative labour is happening in smaller and medium sized enterprises.

NGOs may be the strongest partner, although very few specialize in child labour. Most capacity building efforts have been concentrating at NGOs. Many NGOs are very dependent on donor funding and as a result the activities cease to exist after the end of the project. JARAK, the network of NGOs on child labour issues, has potential to lead a movement against child labour, but at present is not that strong yet. Another problem is the scarce availability of academics and researchers, who can support development of child labour programmes. Partners could strengthen each other if they work together, but generally cooperation, and even coordination between all the partners, is still lacking.

The process of a TBP will continue building capacity, trying to integrate more child labour issues in regular training modules at Universities, Labour Inspectorate training, police academies, etc. Coordination and cooperation will be part of a TBP.

Lessons learnt from IPEC experience in Indonesia

IPEC has been active in Indonesia since 1992 and can draw upon a wide range of experiences, which should be written down in a practical manual of best practices as part of the preparation.

In summary, lessons learnt include:

nThe fact that political commitment, reflected in national policies will ensure improvement of the situation of child labour on a large scale. A good example was the programme with the Ministry of Home Affairs, which made child labour a target group of the government poverty alleviation programme and reached many more children, than were targeted in the programme with the ILO.

n Despite success in awareness raising, most people in society do not see child labour as a problem; they are not aware of the existence of some of these worst forms of child labour. This is partly due to the limited geographical coverage of IPEC projects. It is important to campaign with innovative methods and the mass media.

n Ad hoc capacity building often is not effective, because trained people often leave and find other jobs. By mainstreaming child labour in regular training programmes, this problem can be avoided.

n Most information on the worst forms of child labour, including its magnitude and causes, only becomes available during the implementation of the action programmes. An effort should be made to improve effectiveness of data collection and analysis, using innovative research methodologies.

n Removal of children from the workplace is extremely difficult. Most success was achieved with awareness raising and persuasion. Law enforcement by labour inspectors or other institutions, like the police, is less effective. Joint workplace monitoring, with immediate alternatives for the children, as happening now for the jermals, is proving more effective.

n Real impact can only be achieved in a multi-dimensional way, involving all key stakeholders, coordinating all initiatives. Many direct action programmes show that the approach of providing education, skill training, and health services are limited in terms of impact. This shows the need for a large, integrated, comprehensive national programme to solve the problems concerning the worst forms of child labour.

Legal situation and the need for legal reform

The following are some of the main problems identified:

nThe legal definition of a child needs to be more consistent in national laws.

n Both ILO Convention 138 and 182 have been ratified by Indonesia. Although, the minimum age of 15 years for employment, 13 for light work, and 18 for hazardous work, will be confirmed by the new law on Manpower Development and Protection, they will be meaningless without regulations that define light work and hazardous work and special working conditions for legally working children

n Sanctions for employers violating the minimum age of employment, are lacking. The new Manpower Development and Protection Bill provides some, but does not include sanctions such as issuance of notices or withdrawal of permission to operate by labour inspectors.

n The Law No.3/1997 defines the statutory age of criminal responsibility as 8 years old, which means that children of that age are considered as having the capacity to judge the legal consequences of their behaviour and can be indicted before the court like adults. This does not offer children the special protection they need.

n Prosecution for sexual exploitation is made dependent on victims' report, who is often too ashamed or scared to report.

n The marriage law, which allows early marriages and makes a child into an adult, is misused for fake marriages to allow a child enter into prostitution "legally".

n Law enforcement is complicated by the frequent use of falsified identity cards, which is made possible by the lack of free, compulsory birth registration.

n Children under 18 who leave the country via the illegal process of migration or via above-mentioned false identity cards, are left without any protection, because of the lack of laws or services to protect Indonesian migrant workers.

n Lack of a law on compulsory, free education until the minimum age of employment. The current policy on universal education, does not protect a child against parents, who value work above education.

The worst forms of child labour in Indonesia

Around 18 different forms of child labour can be identified in Indonesia that are clearly unacceptable for children to be involved in and that therefore should be eliminated as a matter of urgency. Some action, study, or programme has been targeted at most of these forms of child labour, but usually in a very limited way and until now without much impact. Usually the nature of these forms of child labour, illegal and informal, makes that they are not reflected in national, official statistics.

For a time-bound programme, some priorities have to be set, since it will be impossible to combat all forms of child labour at once in the whole country. For the coming five years, the National Committee on the Worst Forms of Child Labour prioritizes to develop a model how to eliminate the following forms of child labour in the current draft of National Plan of Action:

1. Children in footwear industry
2. Children in off shore works including Jermals
3. Children working in mines
4. Involvement children in sale and trafficking of drugs
5. Trafficking of Children

IPEC has also prioritized these forms of child labour, and therefore several studies already have been carried out in these areas. Two forms, children working on jermals and in the footwear industry, are being targeted by the first two sectoral time-bound programmes in Indonesia. For trafficking of children, a comparable programme is expected to start in 2002; a year long action-research is going to be carried out for child domestic workers and children involved in the sale, production and trafficking of drugs; a rapid assessment has been carried out on children working in gold mines in East Kalimantan.

Besides sectoral priorities, geographical areas need to be identified, where efforts to combat child labour, will be concentrated. It is crucial to involve the local governments from the start. Different criteria to select areas are possible, including the incidence of child labour, the experience of ILO, IPEC or other organizations or political commitment. Taking these criteria into account possible geographical areas could be West Java, including Jakarta, East Java, North Sumatra, Batam and Bali.

Right now Indonesia is already at the first phase which is preparing for a Time-bound programme.

 

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