COMMITTEE ON THE RIGHTS OF THE CHILD

SUPPLEMENTARY REPORT TO THE SECOND PERIODIC REPORT OF INDONESIA (CRC/C/65/Add.23) SUBMITTED TO THE COMMITTEE ON THE RIGHTS OF THE CHILD

(Received on 2 January 2004)

TABLE OF CONTENTS

page

INTRODUCTION TABLE OF CONTENTS

CLUSTER I, II & III Sub Cluster I : General Implementation Measures Sub Cluster II : Definition of the Child Sub Cluster III : General Principles

CLUSTER IV : CIVIL RIGHTS AND FREEDOMS

CLUSTER V : FAMILY ENVIRONMENT AND ALTERNATIVE CARE

CLUSTER VI : BASIC HEALTH AND WELFARE

CLUSTER VII : EDUCATION, LEISURE AND CULTURAL ACTIVITIES

CLUSTER VIII : SPECIAL PROTECTION MEASURES Sub Cluster VIII – A : Children in emergency situations Sub Cluster VIII – B : Children and juvenile justice Sub Cluster VIII – C : Children in situations of exploitation; physical and psychological recovery; and social reintegration Sub Cluster VIII – D : Children belonging to minority or indigenous groups

2

INTRODUCTION

The Government of Indonesia attaches great importance to the rights of the child and has been at pains to implement all possible and necessary measures to respect and ensure that these rights are protected. The goals and targets set out in the Millennium Declaration and in the World Fit for Children and Plan of Action serve as framework references for the Government of Indonesia to promote national development planning for children and child rights-based programmes. The Convention of the Rights of the Child, which Indonesia ratified in 1990, provides the norms and guiding principles for these programmes.

Since the submission of the first Periodical Report of the Government of Indonesia to the Committee on the Rights of the Child, progress has been made on a number of fronts. Elements of this progress were reported to the Fifth East Asia and Pacific Ministerial Consultation on Children in Beijing in May 2001, to the United Nations General Assembly Special Session for Children in New York in May 2002, and to the Sixth East Asia and Pacific Ministerial Consultation on Children in Bali in May 2003. Advances include the amendments to the 1945 Constitution of the Republic of Indonesia containing provisions on human rights in general and the rights of the child in particular, thereby providing a basis for the implementation of the child rights-based policies. Other significant steps involve the adoption of the Child Protection Law in October 2002, which basically integrates all the principles contained in the Convention on the Rights of the Child, and the enactment of three Presidential Decrees concerning the National Plans of Action on Combating (1) the Worst Forms of Child Labour, (2) the Commercial Sexual Exploitation of Children, and (3) the Trafficking of Women and Children. The Indonesian Commission for Child Protection (Komisi Perlindungan Anak Indonesia) was established by Presidential Decree to promote the implementation of the Child Protection Law.

The Government of Indonesia is currently finalizing the National Programme for Children through the year 2015. Based on principles and policies enshrined in the Constitution and on the international commitments mentioned above, the National Programme addresses such key issues as the promotion of a healthy life, equal and quality education for all, as well as combating HIV/AIDS and protecting children.

Indonesia is actively following up on commitments made in international and regional fora with regard to combating the commercial sexual exploitation of children. The Government has engaged all relevant sectors as well as representatives of civil society organizations and academic institutions in this follow-up process.

3 Information on Children Segregated by Sex, Ethnicity and Religion

Indonesia was first introduced to the population census in 1930, during the colonial period. Then in 1961, it began holding its own population census at ten-year intervals, namely 1971, 1980, 1990 and 2000, gradually adding various additional factors such as the composition, growth, and other aspects affecting the Indonesian population. The latest categories, ethnicity and religion, were added to the census in 2000.

The data on the country’s child population according to gender, ethnic group and religion was set down in table 1 below. The Convention on the Rights of the Child (CRC) defines children as “those persons who are under 18 years of age”, thus it is assumed that the following table deals with the 0-19 age-group. In table 1, the number of children accounts for about 41% of the total population, distributed fairly evenly all over Indonesia in proportion to the population of each province, and with the number of male children being approximately the same as that of female children.

Table 1 Population according to Age and Gender: Indonesia, 2000

Age Number Percentage Total Total Group Male Female Male Female 0-4 10,295,701 10,006,675 20,302,376 10.20 9.98 10.09 5-9 10,433,865 10,060,226 20,494,091 10.34 10.03 10.18 10-14 10,460,908 9,992,824 20,453,732 10.36 9.96 10.16 15-19 10,649,348 10,500,169 21,149,517 10.55 10.47 10.51 20-24 9,237,464 10,020,637 19,258,101 9.15 9.99 9.57 25-29 9,130,504 9,510,433 18,640,937 9.05 9.48 9.26 30-34 8,204,302 8,195,418 16,399,720 8.13 8.17 8.15 35-39 7,432,840 7,471,386 14,904,226 7.36 7.45 7.41 40-44 6,433,438 6,034,410 12,467,848 6.37 6.02 6.20 45-49 5,087,252 4,568,753 9,656,005 5.04 4.55 4.80 50-54 3,791,185 3,593,783 7,384,968 376 358 3.67 55-59 2,883,226 2,795,438 5,678,664 2.86 2.79 2.42 60-64 2,597,076 2,723,943 5,321,019 2.57 2.72 2.64 65-69 1,666,191 1,898,735 3,564,926 1.65 1.89 1.77 70-74 1,368,190 1,468,847 2,837,037 1.36 1.46 1.41 75+ 1,257,526 1,459,459 2,716,985 1.25 1.45 1.35 Not 5,946 5,901 11,847 0.01 0.01 0.01 Stated Total 100,934,962 100,307,037 201,241,999 100.00 100.00 100.00 Source: Compiled by the “Indonesian Population” Institute of Southeast Asian Studies (2001a)

Indonesia is composed of more than 1,000 ethnic groups and sub-ethnic groups, although many of them are considered too small to mention. According to the data presented below, some 101 ethnic groups are more than 1,000 people, while the rest belong to other groups of less than 1,000 people, as the following table shows:

4 Table 2 Indonesian Ethnic Groups: Indonesia, 2000

No. Ethnic Group Number Percentage 1 Javanese 83,865,724 41.71 2 Sundanese 30,978,404 15.41 3 Malay 6,946,040 3.45 4 Madurese 6,771,727 3.37 5 Batak 6,076,440 3.02 6 Minangkabau 5,475,145 2.72 7 Betawi 5,041,688 2.51 8 Buginese 5,010,421 2.49 9 Banjarese 4,113,162 2.05 10 Bantenese 3,496,273 1.74 11 Balinese 3,027,525 1.51 12 Sasak 2,611,059 1.30 13 Makassarese 1,982,187 0.99 14 Cirebon 1,890,102 0.94 15 Chinese 1,738,936 0.86 16 Gorontalo/Hulandalo 974,175 0.48 17 Acehnese 871,944 0.43 18 Toraja 750,828 0.37 19 Nias, Kono Niha 731,620 0.36 20 Minahasa 659,209 0.33 21 Buton, Butung, Butong 578,231 0.29 22 Atoni Metto 568,445 0.28 23 Manggarai 566,428 0.28 24 Bima 513,055 0.26 25 Mandar 504,827 0.25 26 Sumba, Humba, Tau Humba 501,345 0.25 27 Sambas 444,929 0.22 28 Peminggir 426,723 0.21 29 Kaili 412,281 0.21 30 Sangir 396,810 0.20 31 Komering 389,467 0.19 32 Rejang 333,635 0.17 33 Ngaju 324,504 0.16 34 Sumbawa, Semawa 319,423 0.16 35 Luwu 318,134 0.16 36 Using, Osing 297,372 0.15 37 Kendayan, Kenayan 292,390 0.15 38 Tolaki, Laki-laki, Lolaki 289,220 0.14 39 Pepadun 280,247 0.14 40 Serawai 279,154 0.14 41 Darat 275,914 0.14 42 Muna, Tomuna 267,722 0.13 43 Kerinci 254,725 0.13 44 Dawan 236,242 0.12 45 Kutai 224,859 0.11 46 Bolaang Mongondow 223,546 0.11 47 Dyak 221,957 0.11 48 Musi Banyuasin 213,918 0.11 49 Lamaholot, Lamahot, Lamkolo 206,488 0.10 50 Belu, Teto 197,302 0.10 51 Rote, Roti 185,316 0.09

5 52 Pesaguan 178,933 0.09 53 Lio 170,949 0.09 54 Bakumpai 155,906 0.08 55 Tonteboan 134,543 0.07 56 Biak Numfor, Mafoorsch, Noe 126,070 0.06 57 Kei 125,954 0.06 58 Duri 121,688 0.06 59 Ambon 120,969 0.06 60 Dani, Ndani 120,745 0.06 61 Banggai, Mian Banggai 118,556 0.06 62 Gayo Lut 117,509 0.06 63 Selayar 93,183 0.05 64 Buol 91,034 0.05 65 Dompu 90,635 0.05 66 Lani 85,685 0.04 67 Abung Bunga Mayang 85,342 0.04 68 Gayo Luwes 81,172 0.04 69 Talaud 79,818 0.04 70 Seram 78,955 0.04 71 Lembak 77,241 0.04 72 Saluan 77,151 0.04 73 Saparua 68,194 0.03 74 Alas 67,424 0.03 75 Ekagi, Ekari 66,823 0.03 76 Sula 63,282 0.03 77 Makian 60,985 0.03 78 Bawean, Boyan 60,703 0.03 79 Katingan 60,171 0.03 80 Mentawai 54,419 0.03 81 Pasir 54,162 0.03 82 Galela 52,639 0.03 83 Yali 51,258 0.03 84 Maanyan 50,505 0.03 85 Aru 48,261 0.02 86 Ngalum 46,130 0.02 87 Singkil 44,153 0.02 88 Simeulu 42,803 0.02 89 Bajau, Bajao, Bajo, Bayo 40,712 0.02 90 Yamdena 39,320 0.02 91 Donggo 38,050 0.02 92 Bukat, Buket, Ukit, Bukut 35,838 0.02 93 Tengger 33,886 0.02 94 Arab 33,498 0.02 95 Tonsawang 30,941 0.02 96 Halmahera 26,018 0.01 97 Baliaga 19,791 0.01 98 Laloda, Loloda 19,323 0.01 99 Morotai 13,968 0.01 100 Antinggolo 4,681 0.00 101 Gebe, Gebi 2,903 0.00 Others 13,972,741 6.95 TOTAL 201,092,238 100.00 Source: Compiled by Leo Suryadinata et al in Indonesia’s population (2003)

6 Of the previously mentioned 41% forming the child population of Indonesia (or 82,447,817 children out of a total population of 201, 092,238), the majority are Javanese and Sundanese (34,388,985 and 12,705,209 respectively). The rest belong to more than 99 other ethnic groups, as illustrated in the table below:

Table 3 Ethnic Groups of Indonesian Children: Indonesia, 2000

No Ethnic Group Number Percentage

1 Javanese 34,388,985 41.71 2 Sundanese 12,705,209 15.41 3 Malay 2,844,450 3.45 4 Madurese 2,778,491 3.37 5 Batak 2,489,924 3.02 6 Minangkabau 2,242,581 2.72 7 Betawi 2,069,440 2.51 8 Buginese 2052951 2.49 9 Banjarese 1690180 2.05 10 Bantenese 1434592 1.74 11 Balinese 1244962 1.51 12 Sasak 1071822 1.30 13 Makassarese 816233 0.99 14 Cirebon 775009 0.94 15 Chinese 709051 0.86 16 Gorontalo/Hulandalo 395750 0.48 17 Acehnese 354526 0.43 18 Toraja 305057 0.37 19 Nias, Kono Niha 296812 0.36 20 Minahasa 272078 0.33 21 Buton, Butung, Butong 239099 0.29 22 Atoni Metto 230854 0.28 23 Manggarai 230854 0.28 24 Bima 214364 0.26 25 Mandar 206120 0.25 26 Sumba, Humba, Tau Humba 206120 0.25 27 Sambas 181385 0.22 28 Peminggir 173140 0.21 29 Kaili 173140 0.21 30 Sangir 164896 0.20 31 Komering 156651 0.19 32 Rejang 140161 0.17 33 Ngaju 131917 0.16 34 Sumbawa, Semawa 131917 0.16 35 Luwu 131917 0.16 36 Using, Osing 123672 0.15 37 Kendayan, Kenayan 123672 0.15 38 Tolaki, Laki-laki, Lolaki 115427 0.14 39 Pepadun 115427 0.14 40 Serawai 115427 0.14

7 41 Darat 115427 0.14 42 Muna, Tomuna 107182 0.13 43 Kerinci 107182 0.13 44 Dawan 98937 0.12 45 Kutai 90693 0.11 46 Bolaang Mongondow 90693 0.11 47 Dyak 90693 0.11 48 Musi Banyuasin 90693 0.11 49 Lamaholot, Lamahot, Lamkolo 82448 0.10 50 Belu, Teto 82448 0.10 51 Rote, Roti 74203 0.09 52 Pesaguan 74203 0.09 53 Lio 74203 0.09 54 Bakumpai 65958 0.08 55 Tonteboan 57713 0.07 56 Biak Numfor, Mafoorsch, Noe 49469 0.06 57 Kei 49469 0.06 58 Duri 49469 0.06 59 Ambon 49469 0.06 60 Dani, Ndani 49469 0.06 61 Banggai, Mian Banggai 49469 0.06 62 Gayo Lut 49469 0.06 63 Selayar 41224 0.05 64 Buol 41224 0.05 65 Dompu 41224 0.05 66 Lani 32979 0.04 67 Abung Bunga Mayang 32979 0.04 68 Gayo Luwes 32979 0.04 69 Talaud 32979 0.04 70 Seram 32979 0.04 71 Lembak 32979 0.04 72 Saluan 32979 0.04 73 Saparua 24734 0.03 74 Alas 24734 0.03 75 Ekagi, Ekari 24734 0.03 76 Sula 24734 0.03 77 Makian 24734 0.03 78 Bawean, Boyan 24734 0.03 79 Katingan 24734 0.03 80 Mentawai 24734 0.03 81 Pasir 24734 0.03 82 Galela 24734 0.03 83 Yali 24734 0.03 84 Maanyan 24734 0.03 85 Aru 16490 0.02 86 Ngalum 16490 0.02 87 Singkil 16490 0.02 88 Simeulu 16490 0.02 89 Bajau, Bajao, Bajo, Bayo 16490 0.02 90 Yamdena 16490 0.02 91 Donggo 16490 0.02 92 Bukat, Buket, Ukit, Bukut 16490 0.02 93 Tengger 16490 0.02 94 Arab 16490 0.02

8 95 Tonsawang 16490 0.02 96 Halmahera 8245 0.01 97 Baliaga 8245 0.01 98 Laloda, Loloda 8245 0.01 99 Morotai 8245 0.01 100 Antinggolo 0 0.00 101 Gebe, Gebi 0 0.00 Others 5730123 6.95 TOTAL 82,447,818 100.00 Source: Compiled from a number of related sources

Table 4 Number and Percentage of Religious Denominations: Indonesia, 2000

Religious Number % Denominations

Muslims 177,528,772 88.2 Christians 17,954,977 8.92 Hindus 3,651,939 1.81 Buddhists 1,694,682 0.84 Confucians - - Others 411,629 0.20

Total 201,241,999 100.00 Source: Compiled by the Central Bureau of Statistics (Biro Pusat Statistik) (2001a)

Referring to the above table, the percentage of children according to religious denomination can be seen to be roughly proportionate to that of the whole population. Out of a total of 82,447,818 children (41% of the overall population) the percentage of religious followers in 2000 is divided as follows: Muslims total 88.2% or 72,735,765 of all Indonesian children, with Christians coming second with 8.92%, while Buddhists and Hindus and Buddhism account for 1.81% and 0.84% respectively. As yet no data is available for children who are Confucians. The rest (0.20%) belong to religious groups not featured above. The table below shows total numbers and percentages

Table 5

Number of Children by Religion

Religious Number % Denominations Muslims 72,735,465 88.22

9 Christians 7,354,345 8.92 Hindus 1,492,306 1.81 Buddhists 692,562 0.84 Confucians - - Others 164,896 0.20

Total 82,447,818 100.00 Source: Compiled by the Central Bureau of Statistics (Biro Pusat Statistik) (2001a)

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CLUSTERS I, II & III

GENERAL IMPLEMENTATION MEASURES (Arts 4; 42 and 44, para 4)

DEFINITION OF THE CHILD (Art 1)

GENERAL PRINCIPLES (Arts 2; 3; 6 and 12)

I. GENERAL IMPLEMENTATION MEASURES (Art 4; 42 and 44, para 4) Article 4: States Parties shall undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention. With regard to the economic, social and cultural rights, State Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation.

The Government’s efforts to promote, protect and guarantee the right of the child is the logical consequence of State’s obligations in implementing the international instrument of the Convention on the Rights of the Child (CRC), which was ratified by the Government of Indonesia by virtue of Presidential Decree No. 36 of 1990. This ratification was strengthened by the enactment of the Law on Child Protection of October 2002 integrating all principles contained in the Convention of the Rights of the Child. Many parties, such as the government, parliament and civil society are responsible for the implementation of the Convention.

Legislative measures have been taken in fulfilling the principles of the rights of the child, such as the adoption of Law No. 20 of 2003 on the National Education System, Law No. 13 of 2003 on Labour, Law No. 1 of 2000 regarding ratification of ILO Convention No. 182 on the Elimination of the Worst Forms of Child Labour, Law No. 20 of 1999 on the ratification of ILO Convention No. 138 on the Minimum Age for Admission to Employment, Law No. 39 of 1999 on Human Rights, and Law No. 3 of 1997 on Juvenile Courts. In addition, draft Laws on Trafficking in Persons, especially Women and Children, on Domestic Violence and on Pornography are still being discussed in Parliament.

Various Presidential Decrees have been issued in relation to the protection of the Rights of the Child. Amongst these are Presidential Decree No. 77 of 2003

11 regarding the Establishment of an Indonesian Commission on Child Protection; Presidential Decree No. 87 of 2002 on a National Plan of Action for the Elimination of the Commercial Sexual Exploitation of Children; Presidential Decree No. 88 of 2002 on a National Plan of Action for the Elimination of Trafficking in Women and Children; Presidential Decree No. 59 of 2002 on a National Plan of Action on the Elimination of Worst Forms of Child Labour; Presidential Decree No. 12 of 2001 regarding the Establishment of the National Commission on the Elimination of the Worst Forms of Child Labour.

As a follow-up to the outcome of UNGASS 2002, which inter alia encourages all States to prepare a national plan of action to realize the World Fit for Children goals, the Government of Indonesia has implemented a National Programme for Indonesian Children (Program Nasional Bagi Anak Indonesia/PNBAI) aimed at promoting the health, happiness, education and protection of Indonesian children.

The Indonesian Government’s commitment to the protection of the Rights of the Child is evidenced by the fact that Indonesia has signed 2 Optional Protocols to the Convention, namely those pertaining to the Sale of Children, Child Pornography and Child Prostitution; and to the Involvement of Children in Armed Conflict.

The Government’s efforts to enhance child welfare and protection are based on the Convention on the Rights of the Child and progress is measured in accordance with the indicators of the World Fit for Children and of the Millennium Development Goals.

Article 42: States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children.

The socialization and dissemination of the Law on Child Protection at the national, provincial and district levels has been carried out by the Government of Indonesia in cooperation with all stakeholders, namely non-governmental organizations, academic and legal practitioners, and the mass media, and supported by the relevant international organizations.

The dissemination of the Law on Child Protection is being carried out on a tiered basis in all 32 provinces, namely 10 provinces in 2003, 12 provinces in 2004 and 10 provinces in 2005.

Article 44, para 4: The Committee may request from States Parties further information relevant to the implementation of the Convention.

When Indonesia ratified the Convention in 1990, it made declarations relating to articles 1, 14, 16, 19, 21, 22 and 29 of the Convention. By the

12 enactment of Law No. 23 of 2002 on Child Protection, these declarations, which tended to be interpreted as reservations by the Committee, have in fact now lost their significance. However, the revocation of the declarations is yet to be officially notified.

II. DEFINITION OF THE CHILD (Art 1)

Indonesia has adopted the definition of the child based on article 1 of the Convention on the Rights of the Child through Law No. 23 of 2002 on Child Protection. Chapter I of the General Provisions of article 1 mentions that “a Child shall be someone under the age of 18 (eighteen), including the unborn child”.

III. GENERAL PRINCIPLES

A. Non-discrimination (Art 2)

The nondiscrimination principle has been confirmed in various provisions of national laws. Article 28 B paragraph 2 of the Constitution reads:

“Each child has the right to life, survival and development as well as to protection from violence and discrimination”.

The principle of non-discrimination relating to the rights of the child is also integrated in articles 52 to 66 of Law No. 39 of 1999 on Human Rights, article 2 of Law No. 23 of 2002 on Child Protection, and article 4 of Law No. 20 of 2003 on the National Education System.

As far as gender equality is concerned, the Government has taken operational measures through Presidential Instruction No. 9 of 2000 on Gender Mainstreaming.

B. Best interest of the child (Art 3)

Article 2 of Law No. 23 of 2002 on Child Protection stipulates that child protection shall be based on the state ideology of Pancasila and the Constitution of the Republic of Indonesia, as well as on the basic principles of the Convention on the Rights of the Child, which comprise:

ƒ Non-discrimination; ƒ the best interests of the child; ƒ the right to life, survival and development; and ƒ respect for the views of the child.

C. The right to life, survival and development (Art 6)

13 The Government’s efforts to respect, fulfill and guarantee the right to life, survival and development are undertaken permanently through such programmes as comprehensive health services for children; the improvement of the quality of education as well as of children’s access to it; and the improvement of social services for children in need of special protection.

Children’s right to life, survival and development are guaranteed in article 28B paragraph 2 of the Constitution, Law No. 23 of 2002 on Child Protection, Law No. 23 of 1992 on Health, and Law No. 20 of 2003 on the National Education System.

D. Respect for the views of the child (art 12)

The principle of child participation has only recently been included as a priority in the implementation of the Convention in Indonesia. Article 2 of Law No. 23 of 2002 on Child Protection integrates all the basic principles of thee Convention, namely non-discrimination, the child’s best interest, the child’s right to life, survival and development, as well as respect for its views. Thus, the principle of child participation has now become one of the foundations of the protection of children in Indonesia. In addition, article 24 of the Law on Child Protection guarantees the right of children to express their views in accordance with their age and intelligence level.

Concrete actions have been taken in this regard. On July 23, 2003, the Government commemorated National Children’s Day with the theme “I’m an Indonesian Child, Please Listen to Us as the Future Generation of the Country”. Since 2001, the Government has organized a yearly National Children’s Forum (Forum Anak Indonesia) in conjunction with National Children’s Day, in cooperation with relevant institutions. This event is part of the government’s efforts to promote respect for the right of children to participate and express their opinion in the decision-making process in matters which affect their lives. In addition, the Government of Indonesia facilitated the participation of children in the commemoration of National Health Day 2003 as well as in other national and international related events.

14

CLUSTER IV CIVIL RIGHTS AND FREEDOMS (Art 7; 8; 13-17 and 37 (a))

A. Name and Nationality (Art 7)

Situation

Law No. 39 of 1999 on Human Rights recognizes the right of a child to a name, nationality, knowledge of and the care of his/her parents. In addition, article 27 of Law No. 23 of 2002 on Child Protection stipulates that the child’s identity as expressed in its name, sex, date of birth, relation to parents and nationality shall be given at birth and established in a birth certificate. The issuance of this certificate is the responsibility of the Government and must be effected at the latest within 30 days of the submission of the application, and free of charge. The legal recognition of a person’s identity is of the highest importance since the services and protection provided by the state to every citizen are conditional upon such recognition. Without it, the fulfillment of a child’s basic rights may not be guaranteed.

Based on the National Socio-Economic Survey (Susenas) of 2001, 25.07% of children between 0 and 4 years had birth certificates that could be produced during the survey. Another 14.50% had birth certificates but could not produce them during the survey, while 59.30% stated that they did not have a birth certificate. The survey revealed that the reasons invoked by the parents for the absence of birth certificates of their children were: high cost (23.97%), long distance to reach the local authority (7.99%), lack of knowledge of the procedure (16.31%), lack of awareness of the importance of the document (20.34%), other reasons (30.74%), and failed to state a reason (7.05%). The survey also showed that the proportion of children with birth certificates were 30% higher in towns than in the villages.

Table IV.1. Percentage of Children Aged 0 – 4 Years in Possession of a Birth Certificate 2001

Possession of a birth certificate Town Village Town + Village (%) (%) (%) Had birth certificates which could be 39.86 14.67 25.07 produced during the survey Had birth certificates but could not 18.30 11.84 14.50 produce them during the survey

15 Did not have a birth certificate 41.18 72.04 59.30 Unknown 0.66 1.45 1.13 Total 100.00 100.00 100.00 Susenas Data, 2001, BPS

Table IV.2. Reasons for 0-4 year-old Children Not Having a Birth Certificate 2001

Reason Urban Rural Urban + Rural (%) (%) (%) High cost 28.45 22.18 23.97 Long distance to the local authority 3.44 9.82 7.99 Lack of knowledge of the procedure 12.52 17.83 16.31 Lack of awareness of the 14.16 22.82 20.34 importance of the document Other reasons 40.29 26.92 30.74 Failure to state the reason 4.73 7.98 7.05 The 2001 National Census Data, BPS.

In view of the vital importance of a birth certificate and birth registration as the first recognition of the existence and legal status of a child, the government has taken measures to improve the system of registration and issuance of the document. By the same token, the government recognizes that a birth certificate contains the basic data required for national budget planning for the purpose of fulfilling a child’s right to education, health, social welfare and protection. A birth certificate is also a protection against age falsification, which can lead to underage marriage; violence against a child, such as child trafficking; illegal adoption; and the sexual and economic exploitation of a child. It is also important in a child’s relations with the judiciary, notably to ensure its protection.

Moreover the Government has made fundamental changes in the prevailing civil law by eliminating from birth certificates the references to tribe, religion, race, sex, ethnicity or culture, as well as to the legal status of a child, which constituted a form of discrimination.

Measures adopted (July 2000 – October 2003)

Article 5 of Law No. 23 of 2002 on Child Protection states that “Every child has the right to a name as of his/her identity and nationality”.

16 Progress made

The Government has carried out measures to expand access to birth certificates, such as: • Recognizing the importance of birth certificates for the protection of the rights of children through the relevant provisions of Law No. 39 of 1999 on Human Rights, and Law No. 23 of 2002 on Child Protection. • Reviewing laws related to birth certificates, such as Law No.62 of 1958 on Nationality, Law No. 9 of 1992 on Immigration, and Law No. 10 of 1992 on Population. • Finalizing the draft law on a Civil Registry which further regulates the birth certificate service; the draft Government Regulations on Adoption as well as on the Requirements and Procedures affecting Legal Guardians; and implementing the disposition of the Law on Child Protection. • Improving services related and access to the issuance of birth certificates at the national and regional level, by involving all stakeholders. • Conducting a national information and dissemination campaign to improve public awareness of the importance of birth certificates. • Cooperating with related parties to speed up the attainment of universal birth registration in Indonesia.

The government has conducted a number of activities to promote possession of a birth certificate, especially for new-born babies, such as: • Granting free birth certificates to 10,000 school children in 10 districts/municipalities during the commemoration of National Children’s Day in 2003. • Launching a free birth certificate issuance programme in one province and 3 districts/municipalities. • Simplifying procedures and providing free birth certificates to children without birth certificates nationwide. • Instituting a uniform nomenclature for the various institutions in charge of population and civil registry at districts/municipalities level through a Letter of the Minister for Home Affairs of 2003, for the purpose of implementing Government Regulation No. 8 of 2003 on the Regional Apparatus. In addition, the Minister for Home Affairs issued a letter on the implementation of Article 28 of Law No. 23 of 2002 on Child Protection, requesting districts/municipalities: a. to abolish immediately the local public tax on the issuance of birth certificates, b. to gradually reduce the cost of birth certificates or to impose cross subsidies for districts/municipalities requiring a transitional period, so that the Law on Child Protection can be put into effect.

17 • Drafting a Presidential Decree on Population Registration and Civil Registry to implement the dispositions of Article 28 Law No. 23 of 2002 on Child Protection concerning free birth certificates. • Developing the Population Administration Information System (Sistem Informasi Administrasi Kependudukan/SIAK), which is to be integrated into the national information system.

Factors and Difficulties

Certain problems are nevertheless linked to birth certificates, such as:

• The various legal bases relating to birth registration and certificate, some of which date back to the Dutch colonial era, such as the Ordinance which segregates the population according to race and religion. • The lack of public awareness of the importance, and widespread inability to afford the cost of, birth certificates. At the same time, the local authorities impose a tax for the issuance of birth certificates which remains a source of local income. • The population administration information systems at the regional level, which are not adequately integrated into the national information system. • The authority to issue birth certificates lies entirely with the district/municipality governments. As a consequence, it takes time for these local governments to meet the minimum standards of service set by the central government. • Only one province and three districts/municipalities provide free birth certificates.

Priorities for the next 5 years

In order to fully comply with the Convention on the question of birth certificates, the Government will concentrate its efforts for the next five years on achieving the priority goal of “Birth Certificates for All by 2015”, notably by: 1. Adjusting national laws and regulations relating to the issuance of birth certificates to the principles contained in the Convention on the Rights of the Child, especially the completion of the draft Law on Civil Registry. 2. Adjusting regional laws concerning retribution for birth certificates, in conformity with Articles 27 and 28 of Law No. 23 of 2002 on Child Protection, especially that related to children’s identity and free of charge birth certificates. 3. Revising Laws No. 62 of 1958 on Nationality, No. 9 of 1992 on Immigration, and No. 10 of 1992 on Population and Prosperous Family Development.

18 4. Promoting public awareness of the importance of birth certificates through various national campaigns and dissemination, in cooperation with all stakeholders. 5. Developing a birth certificate service system in the districts/municipalities through integration of the population administration information system into the national information system.

B. Preservation of identity (Art. 8)

As for the fulfillment of the rights of the child in accordance with article 8 of the Convention, Indonesian Law No. 39 of 1999 on Human Rights in Paragraph 2 of Article 52 stipulates that every child is entitled to a name and nationality from the date of his/her birth. In the same vein, Articles 5, 27, 28 and 29 of Law No. 23 of 2003 on Child Protection clearly guarantees the rights of a child to a name, nationality and family relations.

The inclusion of parents’ names in a child’s birth certificate guarantees respect for a child’s right to know its parents. In the event that a child becomes separated from its parents and that no official information is available with regard to its birth, its birth certificate shall be based on the information given by the person who found the child.

C. Freedom of expression

In order to comply with the right of children to express themselves freely and to be heard, as well as to receive, seek or give information, Indonesia has provided legal guarantees through Law No. 39 of 1999 on Human Rights, which states that “Every child shall have the right to practice his/her religion, to have freedom of thought, freedom of expression under the guidance of his/her parents or legal guardian in a manner consistent with his/her evolving capacities” (article 55).

A child’s freedom of expression is guaranteed in the dispositions detailed in the Law on Child Protection of 2002: • Article 6 asserts that “Every child shall have the right to practice his/her religion, to have freedom of thought, freedom of expression under the direction of his/her parents in a manner consistent with his/her evolving capacities” • Article 10 stipulates that “Every child shall have the right to express himself/herself freely, have his/her voice listened to, as well as receive, seek and provide information in accordance with the age and maturity of

19 the child so that he/she can fully reach his/her potential in consistence with public morals” • Article 24 provides the guarantee for a child to exercise his/her rights to express his/her views in accordance with the age and maturity of the child.

The right of children to express their views and to be listened to are basic rights, respect of which the government has taken the necessary measures to ensure. In this regard, the Government has facilitated the participation of Indonesian children in many related national and international events such as the commemoration of National Children’s Day, UNGASS 2002, the Sixth East Asia and Pacific Ministerial Consultations on Children in May 2003, or the World Tourism Organization’s Regional Consultation on the Protection of Children from Sexual Exploitation in Tourism, June 2003.

Concerning the limitations of a child’s rights as prescribed in Article 13 of the Convention on the Rights of the Child, Article 28J of the Constitution and article 70 of Law No. 39 of 1999 stipulate that: “In the exercise of his/her rights and freedom, everyone shall be subject only to such limitations as are determined by law for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and general welfare in a democratic society”

D. Freedom of thought, conscience and religion (Art. 14)

Article 6 of Law No. 32 of 2002 on Child Protection and Article 55 of Law No. 39 of 1999 on Human Rights provide guarantees on freedom of thought, conscience and religion.

There is no specific provision in the national laws concerning the limitations of a child’s right as contained in Article 14 of the Convention. However, general limitations as provided under Article 28J of the Constitution and Article 70 of Law No. 39 of 1999 apply in respect of this right.

E. Freedom of association and peaceful assembly (Art. 15)

Article 56 (1) of Law No. 23 of 2002 on Child Protection guarantees the child’s right to freedom of association and to freedom of peaceful assembly.

There is no specific provision in the national laws concerning limitations of a child’s right as contained in Article 14 of the Convention. However,

20 general limitations as provided for in Article 28J of the Constitution and Article 70 of Law No. 39 of 1999 apply in respect of this right.

F. Protection of privacy (art. 16)

As for the protection of children’s privacy, there is no specific provision in the national laws explicitly guaranteeing this right. However, Article 32 of Law No. 39 of 1999 on Human Rights, which applies to everyone, including children, stipulates that “No-one shall be subject to arbitrary interference with his/her correspondence, including electronic communication, except upon the order of a court or other legitimate authority according to the prevailing legislation”.

Although the protection of child privacy from unlawful and arbitrary interference is guaranteed, parents and family can interfere into a child’s personal life as long as such action is consistent with the principles governing the best interest of the child. In this regard, Article 26 of Law No. 23 of 2002 on Child Protection compels parents to take care of, educate and protect their children.

G. Access to appropriate information (Art.17)

The child’s right to get access to appropriate information is guaranteed by the national legislation. Article 10 of Law No.23 of 2002 on Child Protection stipulates that “Every child shall have the right to express itself freely, have its voice listened to as well as to receive, seek and provide information in accordance with the age and maturity of the child, so that he or she can fully reach his/her potential consistent with public morals”

Moreover article 60 (2) of Law No. 39 of 1999 on Human Rights provides that “Every child shall have the right to seek, receive, and impart information as befits his/her intellectual capacity and age in the interests of his/her own development, provided it meets moral requirements.”

Article 48 of Law No. 32 of 2002 on Broadcasting regulates the code of conduct in broadcasting with a view to preventing programs which may result in a negative impact on children, adolescents and women. In addition, Article 46 (6) of the same law regulates that commercial breaks broadcasted during children’s programs shall be in conformity with broadcasting standards for children.

21 In improving children’s access to information which is useful for their development in terms of personality, talent, mentality or physical growth, as well as for the enhancement of awareness of their rights, the government has carried out various measures, including the publication of books on children’s rights which are easily understood by them as well as broadcasting programs which comply with the principles governing children’s rights in the electronic and printed media. Information themes include children’s rights in general, reproductive health, the prevention of drug, HIV/AIDS, child labor, the elimination of trafficking in women and children as well as the sexual exploitation of women and children, and the development of children’s talents.

A growing number of young reporters, children’s magazines and journals have emerged over the last decade, in line with developments in the field of information and telecommunication. The dissemination of information is also carried out through formal and informal institutions such as through schools’ extracurricular activities, youth organizations and boy scout organizations. The number of publications related to children has increased sharply since the beginning of the reform era. There are currently more than 100 national and local publications related to children.

H. The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (Art. 37 (a))

Article 66 (1) of Law No. 39 of 1999 on Human Rights states that “Every child has the right not to be the object of oppression, torture, or inhuman punishment”.

The Government adheres to the principles that the punishment and imprisonment of children are measures of last resort. Article 66 (4) of Law No.39 of 1999 on Human Rights stipulates that “Children may be arrested, detained, or jailed in accordance with prevailing legislation and only as a measure of last resort”.

Article 24 of Law No. 3 of 1997 on Juvenile Courts regulates the measures, other than imprisonment, which may be imposed on children, namely: a. to return the children to their parents, legal guardians or foster parents, b. to send the children to the state institution designed to provide education, counseling and vocational training for delinquents; or

22 c. to send the children to the Department of Social Affairs or relevant non-governmental institutions engaged in education and vocational training.

Article 66 (5) of Law No. 39 of 1999 on Human Rights stipulates that “Every child who is deprived of freedom shall have the right to humane treatment, as befits the personal development needs of his/her age, and shall not be separated from his/her parents unless this is in his/her own interest”. Furthermore, Article 66 (2) of the same law stipulates that “Sentence of death or life imprisonment shall not be handed down to child offenders”.

Article 16 (1) of Law No. 23 of 2002 on Child Protection provides that “Every child shall have the right to protection from torture and inhuman punishment”. Article 17 (1a) of the same law stipulates that “Every child who is deprived of freedom shall have the right to humane treatment and to be separated from adults.” Article 13 (1d) regulates that “Every child under the guardianship of his/her parents, of a legal guardian, or of other parties responsible for the child shall have the right to protection from cruel treatment, violence and torture.”

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CLUSTER V

FAMILY ENVIRONMENT AND ALTERNATIVE CARE (Arts. 5; 18, paras. 1-2; 9-11; 19-21; 25; 27; 27, para. 4; and 39)

A. Parental guidance (art. 5)

Situation

The Government deems the inclusion of roles of parents relating to the fulfillment of the rights of the child into national laws and regulations as important, considering that family is the smallest unit of a state that is capable of determining the state’s future.

With regard to parental guidance, Indonesian communities, in general, apply extended family system in which family members, especially grandfather and grandmother, take part in caring for children. However, mostly, the concept of the family refers to relation between children and parents. Nowadays there is shifting from the extended family tradition to nuclear family tradition, and family system undergoes trans-cultural process.

The relationship between parents and children is affected by the prevailing family system. Unlike most of Indonesian communities apply patrilineal system, Minangkabau and some other ethnic groups are governed by matrilineal system. As a result, sons in Minangkabau do not get inheritance from their parents.

Under Indonesian national law, a family means a nuclear family as a smallest unit of a society, consisting of a husband and wife.

Measures adopted (July 2000 – October 2003)

Adoption of Law No. 23 of 2002 on Child Protection. Adoption of Law No. 22 of 2003 on National Education System, Article 28 concerning Early Child Education.

Progress made

Upon the enactment of Law No. 23 of 2002 on Child Protection, matters pertaining to parental guidance are guaranteed. Article 26 (1) of Law No. 23 of 2002 on Child Protection stipulates: Parents shall have responsibilities for: 1. caring, fostering, educating and protecting children; 2. bringing up children in a manner consistent with the evolving capacities of the children; and

24 3. preventing early marriage.

Moreover, Article 23 of Law No. 23 of 2002 on Child Protection states:

Paragraph 1. The State shall ensure the protection, care and welfare of children by taking into account the rights and responsibilities of parents, guardians, or other persons legally responsible for the children. Paragraph 2. The State shall supervise implementation of child protection.

Factors and difficulties

1. People’s low level of social and economy status following prolonged economic crises resulted in parents’ inability to pay their children’s education. 2. Not every district/municipality has Provincial Social Welfare Offices which are responsible for improving parents’ awareness in ensuring children’s rights. 3. Technical guidance on the provision of services for parents with regard to child’s rights is inadequate.

Priorities for the next 5 years

To increase the number and quality of campaigns to communities, especially to parents with children, by officials and trained cadres from all Provincial Social Welfare Offices in Indonesia and Community Social Workers (Tenaga Kesejahteraan Sosial Masyarakat/TKSM). To publish and distribute manual books on children rights and on roles and responsibilities of parents. To encourage social service entities such as Family Welfare Consultation Center (Lembaga Konsultasi Kesejahteraan Keluarga/LK3) to optimize their campaigns on roles and responsibilities of parents to children.

B. Parental responsibilities (art. 18, para. 1-2)

Situation

The principle of parental responsibilities with regard to the rights of the child has been part of the social values in Indonesia. The principle was reconfirmed in national legislation among others Law no. 39 of 1999 on Human Rights and Law no. 23 of 2002 on Child Protection.

The State shall do its best to ensure the acknowledgment of the principle that both parents and legal guardians have joint responsibility of raising and upbringing their children. Children’s best interest shall be the main concern. To ensure and improve

25 children’s rights as contemplated by this convention, the state shall provide parents or legal guardians with sufficient assistance in performing their responsibilities for raising their children and shall ensure the development of Institutions, facilities and services for raising children.

A woman who is a housewife has dual functions in her family, i.e., a mother and a working woman. With this dual function, a woman is demanded to balance her roles. When she has small children, she has to raise her children. This situation often results in hurdles for her activities because some of her spare time is devoted to her children.

Measure adopted (July 2000 - October 2003)

• Adoption of Law No 39 of 1999 on Human Rights. • Adoption of Law No. 23 of 2002 on Child Protection, Article 26 regarding parental responsibilities. • Adoption of Law No. 23 of 2003 on National Education System. • Circular Note of Minister of Social Welfare No. A/A-320/IX-2003/MS dated on September 19, 2003 on Procedures of Establishing Day care centre (Tata Cara Pendirian Taman Penitipan Anak /PTPA) and Play-group.

Progress made

Parental responsibilities to their children have been reinforced by a number of government’s policies. These policies are reflected in various social service programmes for the raising of children and the enactment of relevant laws and regulations. Some of them are as follows:

1. Upon the enactment of Law No. 23 of 2002 on Child Protection, matters related to parental responsibilities are assured by Article 26 which states:

(1) Parents shall have responsibilities for: a. caring, fostering, educating and protecting children; b. bringing up children, in a manner consistent with the evolving capacities of the children; and c. preventing early marriage.

(2) In case that a child has no parents or his/her parents whereabouts is unknown, or his/her parents for any reasons, cannot perform his/her responsibilities, responsibilities as referred to Paragraph (1) may be assigned to the child’s relatives and performed in accordance with prevailing laws and regulations.

2. The Government has conducted social campaign to encourage parents to acknowledge the significance of child care as well as the preparation of their future, inter alia, by introducing and strengthening children’s life in their community.

26

3. The Government has also exerted its efforts to promote the establishment of play -groups and day care centre (TPA) by society as an alternative programme for child care. Play-groups are established mainly to assure children’s playing activities and also to exercise pre-school education for children, from 3 years old, before entering elementary education. On the other hand, day care centre is aimed at providing substitute care for children of working parents, as well as services of pre-school education. Department of Social Affairs reported that 143 play-groups and 16,675 day care centers nowadays exist which provide services to around 5,203 children. (See Data on Day Care Center and Recapitulation of Play Group)

4. Efforts to develop and promote child care by parents have been carried out by establishing programmes such as child adoption, legal guardian and family child care.

5. Family Welfare Consultation Center (Lembaga Konsultasi Kesejahteraan Keluarga/LK3) in provinces has been established and reinforced to provide counseling services for parents to promote their responsibilities for life, development, protection and participation of children.

Table V.1. Data on Day Care Center

PROVINCE NUMBER OF DAY CARE NUMBER OF CHILDREN CENTER JAKARTA 19 587 WEST JAVA 142 2.631 BANTEN - - CENTRAL JAVA 21 459 YOGYAKARTA 17 403 EAST JAVA 7 220 N.A.D 30 760 NORTH SUMATRA 318 7.954 WEST SUMATRA 11 268 RIAU 60 1.110 BABEL - - BENGKULU 4 143 JAMBI 4 120 SOUTH SUMATERA 13 150 LAMPUNG 6 185 WEST KALIMANTAN 37 264 EAST KALIMANTAN 10 400 CENTRAL KALIMANTAN 1 15

27 SOUTH KALIMANTAN 2 34 GORONTALO - - NORTH SULAWESI 1 20 SOUTH SULAWESI 3 70 SOUTH EAST SULAWESI 1 30 CENTRAL SULAWESI 1 60 NORTH MALUKU - - MALUKU - - BALI 3 46 EAST NUSA TENGGARA - - WEST NUSA TENGGARA 3 45 PAPUA 45 700 TOTAL 759 16.674 DATA: Department of Social Affairs, 1999

Table V.2. Data on Recapitulation of Play Group (PG)

PROVINCE NUMBER MAXIMUM ACTUAL OF PG CAPACITY CAPACITY

JAKARTA 55 2.031 2.557 WEST JAVA 20 496 916 BANTEN - - - CENTRAL JAVA 10 375 485 YOGYAKARTA 16 555 851 EAST JAVA 10 381 510 N.A.D 1 26 26 NORTH SUMATRA 2 37 65 WEST SUMATRA 6 273 249 RIAU 5 417 435 BABEL - - - BENGKULU - - - JAMBI - - - SOUTH SUMATERA - - - LAMPUNG 7 246 270 WEST KALIMANTAN 2 28 50 EAST KALIMANTAN 5 310 360 CENTRAL KALIMANTAN - - - SOUTH KALIMANTAN 4 28 41 GORONTALO - - - NORTH SULAWESI - - - SOUTH SULAWESI - - - SOUTH EAST SULAWESI - - -

28 CENTRAL SULAWESI - - - NORTH MALUKU - - - MALUKU - - - BALI - - - EAST NUSA TENGGARA - - - WEST NUSA TENGGARA - - - PAPUA - - - TOTAL 143 5.203 6.815 DATA: Department of Social Affairs , 1999

Factors and Difficulties

The implementation of regional autonomy in Indonesia has hampered the role of relevant Government agencies at central and local level to promote the awareness of parents concerning their responsibilities towards their children.

Priorities for the next 5 years

1. To promote social campaign to the public, particularly parents with children through official and trained cadres from all Provincial Social Welfare Offices and Community Social Workers (Tenaga Kesejahteraan Sosial Masyarakat/TKSM).

2. To develop Day Care Centre/TPA, Family Planning Programme and Home Protection for children.

3. To establish relevant legislation to improve procedures on child adoption, legal guardian and foster parent.

4. To establish relevant legislations as the implementation of Law No. 23 of 2002 on Child Protection in order to ensure the rights of the child by promoting the parental role and responsibility to the children.

C. Separation from parents (art.9)

Situation

Traditions and legislations in Indonesia reveal that a child shall not be separated from his/her parents. A child separated from either or both of his or her biological parents is partly caused by the death of either or both of parents, single parent (by choice or other reasons such as rape victim), or either both of his/her parents in

29 imprisonment, accidentally switched after the delivery at hospital, abandoned (by the parents), and divorce.

Data from CBS on children of single parents show that there are 16% of the parents in Indonesia are single parents or women as the heads of the families.

In accordance with the existing legislation, both positive law and customary law (Adat law), in the case of separation from parents, the child has only civil relationship with his/her mother. Legally, the relationship between the child born out of wedlock and his/her parents has been provided for in article 43 (1) of Law No.1 of 1974 on Marriage that reads “a child born out of wedlock has only civil relationship with his/her mother”.

Parents whose newly-born baby were accidentally switched (in a hospital or maternity hospital), are given legal remedy by taking a lawsuit against the related hospital or clinic.

In addition, Law No. 3 of 1997 on Juvenile Court and Law No. 12 of 1995 on Imprisonment state that a child whose mother is a prisoner is entitled to be with his/her mother in prison since birth until the age of 2 years.

Measures adopted (July 2000 – October 2003)

Adoption of Law No. 12 of 1995 on Correctional Institution. Adoption of Law No. 3 of 1997 on Juvenile Court. Adoption of Law No. 39 of 1999 on Human Rights. Adoption of Law No. 26 of 2000 on Human Rights Court. Adoption of Law No. 23 of 2002 on Child Protection.

Progress made

Concerted efforts have been made to prevent the separation of a child from his/her parents. Some of them are as follows: • The Government has developed Home Protection programme in several places for a child separated from his/her parents. Meanwhile, a special shelter called Rumah Ibu has been established in Yogyakarta to facilitate protection for the unborn babies whose fathers are not known.

30 • Department of Social Affairs has recommended 7 (seven) social organizations to carry out child care programme for children neglected in hospital, abandoned children, and other unwanted babies by their parents. Those organizations are given specific competence to facilitate the process of child adoption.

Factors and difficulties

• Many people think that giving protection to the unborn babies whose father is unknown is against the existing norms and values. • Only a few social organizations are motivated to actively take part in protecting the unborn babies whose father is unknown due to legal matters. • Poor environment in prisons is not conducive for the development of children accompanying their parents who are prisoners.

Priorities for the next 5 years

• To improve the specific knowledge and skill on child care to official and trained cadres of social organizations recommended by the Government. • To encourage communities and stakeholders to establish Crisis Center for abandoned or neglected children.

D. Family reunification (art.10)

Situation

Most cases of family separation in Indonesia are caused by economic hardship and social factors. Poverty and economic difficulties have led children to live on the streets which endanger their future and integrity. Meanwhile, several social problems and disharmony in families such as situation of divorce have potentially led to a situation in which children are neglected and/or abandoned.

In response to those problems, the Government has determined administrative and legal measures aimed at reuniting separated children with their families.

Measures adopted (July 2000 – October 2003)

• Adoption of Law No. 39 of 1999 on Human Rights • Adoption of Law No. 23 of 2002 on Child Protection

31 Progress made

Efforts have been made to address the issue of family reunification, in particular to consider the enactment of new legislations complementing Law No. 23 of 2002 on Child Protection.

The Government has developed a number of programmes to address the issue of separated children. The programme launched by the Department of Social Affairs recently is directed to settle the related issue. In this regard, such activity was conducted by establishing 996 Open Houses (Rumah Singgah). In addition, the Government in cooperation with social organizations has also provided tutorial and education to encourage them to return to their families.

The existing Social Service Centre (Panti Sosial) and Open House established to support the programme are as follows:

1. 396 Open House (94 of them funded by Health and Nutrition Sector Development Programme/HNSDP and 302 by State Budget). 2. 16 Orphanages Social Service Centre / Panti Sosial Asuhan Anak (1 (one) managed by Department of Social Affairs, and the rest by Regional Governments). 3. 7 Rehabilitation Centre / Panti Sosial Petirahan Anak (1 (one) managed by Department of Social Affairs, and the rest by Regional Governments). 4. 8 Social Service Centre for Delinquent Children / Panti Sosial Marsudi Putra ( 2 (two) managed by Department of Social Welfare, and the rest by Regional Governments). 5. 38 Youth Training Centre / Panti Sosial Bina Remaja (2 (two) managed by Department of Social Affairs, and 34 by Regional Governments).

Several programmes have been carried out to address separated children from their families and to promote family reunification. In this regard, a trial pilot project called BARAYA (Bandung Raya) was established in Bandung with a purpose to fully eradicate street children by 2004 in that area. Many Social Service Centers (Panti Sosial) and Open House (Rumah Singgah) with specific function as temporary shelter have also been built.

In order to give legal protection for children prisoners, article 14 of Law No. 12 of 1995 on Imprisonment emphasizes that children prisoners shall have the rights to be visited by their families, (to) visit their families, and to have legal assistance just before their release.

Factors and difficulties

The major difficulties in conducting family reunification often happened because in most cases street children separated from their families and live on their own. In several cases the whereabouts of their parents are not known. In other cases, the

32 children do not want to return to their parents because their parents reject their coming or do not recognize them any more.

The reunification programmes run out by Open House (Rumah Singgah) often face difficulties due to shortage of funding, in particular to support the activities of their social workers.

Priorities for the next 5 years

1. To promote the development of Social Service Centres (Panti Sosial) and Open House (Rumah Singgah) by society. 2. To conduct prevention programmes through social campaign concerning parental responsibilities, family guardian, and familiarization of the danger for children live in the street. 3. To promote coordination among government institutions and stakeholders to comprehensively address matters related to neglected children and street children. 4. To formulate, publish, and disseminate guidance concerning the importance of reunification of children with their families.

E. Illicit transfer and non-return (art. 11)

Situation

In general, groups of people vulnerable to trafficking in person are children of poor families both from rural areas and or from urban slums, school dropouts, victims of physical, psychological and sexual violence including rape, job seekers, street women/children, kidnapping victims, young divorcee.

The numbers of trafficking cases recorded in the Indonesian Police Department during 1999 – 2002 were: 173 cases in 1999, 24 cases in 2000, 179 cases in 2001 and 155 cases in 2002. In term of regional coverage, the cases took place in 14 provinces in 1999, 17 provinces in 2001 and 18 provinces in 2002, mainly in Sumatra, Java, Bali, Kalimantan, Sulawesi, West Nusa Tenggara and even Papua.

Law No. 26 of 2000 on Human Rights Court stipulated that trafficking in children trafficking may be categorized as crimes against humanity and the perpetrators may be brought before Human Right court.

Measures adopted (July 2000 – October 2003)

• Adoption of Law No. 29 of 2000 on Human Rights Court. • Adoption of Law No. 23 of 2002 on Child Protection.

33 • Issuance of Presidential Decree No. 88 of 2002 on National Plan of Action (RAN) for the Eradication of Trafficking in Women and Children.

Progress made

• Comprehensive approach to address the issue had been developed by the Government, as reflected in the Indonesian National Plan of Action for the Elimination of Trafficking in Women and Children. For this purpose, a profile of Indonesian children has been developed based on available statistics and academic research. Mapping, rapid assessments and other related studies were being carried out by institutions with the assistance of a number of donor agencies. • For combating the commercial sexual exploitation of children and the trafficking in women and in children, the government of Indonesia has developed regional cooperation, especially with other ASEAN member countries. In this regard, a task force within ASEAN mechanism had been established as an implementing means of this cooperation. is working with cross-regional approaches. This effort is being followed up through work in appropriate task forces and through plans for future bilateral and multilateral cooperation. • The government, together with NGOs, has conducted sporadic information campaigns aimed at the public using television, radio, and printed materials in some areas.’ • The Criminal Code has been amended to include tougher penalties for traffickers and passed a Child Protection Act, which should help to protect minors from trafficking. • A series of workshops have been held both at central and provincial level concerning Commercial Sexual Exploitation of Children (Eksploitasi Seksual Komersial Anak/ESKA) and printing the materials of Law No. 23 of 2002 and Presidential Decree No. 77 of 2003 on Commission of Indonesian Child Protection (KPAI). • There had been increasing awareness and capability among law enforcers in relation to combating practices of trafficking in children.

Factors and difficulties

• Indonesia has a number of information and data systems managed by the Central Bureau of Statistics or related ministries and research centers. However, Indonesia has not developed an integrated system in the area of child protection. International assistance would be needed to enable Indonesia to improve national capacities in this area. • Through a presidential decree, Indonesia has adopted a national plan to combat both sexual exploitation and trafficking in women and children, but its implementation was yet to be strengthened, the first step of which was to address the country’s overall lack of capacity and resources.

34 • There has been increasing awareness of public officials at all levels concerning trafficking in person. However, overall public awareness on the same issue remain inadequate. The government had conducted some training of employees in crisis centers in dealing with victims, however, officials, particularly at the operational level among police, military and immigration authorities, were not sufficiently trained on how to prevent trafficking. • No comprehensive anti-trafficking law has existed, but a bill has now been under consideration by Parliament. • Law enforcement officers has not sufficiently been sensitized about Law No. 23 of 2002 on Child Protection.

Priorities for the next 5 years

• To achieve a comprehensive implementation of National Plan of Action (Rencana Aksi Nasional/RAN)) for the Elimination of Trafficking in Woman and Children in a five-year programme and with annual review. • To strengthen mechanism to address all aspects relating to trafficking in children and promote international cooperation in this field, among others by holding workshops: - Workshop to formulate monitoring indicators for Elimination of Sexual Exploitation and Trafficking in Children. - ASEAN Workshop on Regional Counter Trafficking in Person to be held in Bandung in June 2004. • To intensify dissemination of information on Law No. 23 of 2002 on child Protection to law enforcement officers. • To improve demographic administration process including providing easier access to birth certificates for every newly born. • To strengthen cooperation between country of origin and country of destination of trafficking in children.

F. Recovery of maintenance of the child (art. 27, para.4)

Situation

The state assumed legal obligation to ensure the recovery of maintenance of the child from parents or other people bearing such responsibilities.

According to Indonesian laws and traditions, cost for maintaining children shall be the responsibility of their parents, even if they have gotten divorced. Traditionally, a father is responsible for meeting financial needs of children. Yet, if he is unable to do so, mother or wife shall take over the responsibility. In extended families, grandfather/grandmother often takes part in fulfilling the financial needs of their grandchildren.

35 The Law of Child Protection provides that both parents shall be responsible for looking after, maintaining, educating and protecting children. Moreover, article 14.a of Law No. 1 of 1974 concerning marriage guarantees that “both mother and father shall remain responsible for looking after and educating children, solely for the sake of children. If dispute of child guardianship occurs , court shall make the decision. Article 41.b read “a father shall be responsible for all costs of maintenance and education needed by a child, in case that the father is unable to satisfy such responsibility, the court may decide that the mother shall take part in paying the costs.

In case of a divorce, including that occurs to a couple of an Indonesian and a foreign national, such divorce shall not terminate the father’s responsibility to finance their children until they get married or become independent (financially) or reach 18 years of age.

In case of divorce, though it does not terminate the father’s responsibility to pay the maintenance of the children, a court judgment does not always contain a express stipulation about the husband’s responsibility to bear the costs of their children’s maintenance and education. It shall completely depend on charges filed by the wife. When the wife demands that the father pay such costs, but he gives his plea saying that he is unable to meet the demand, court shall carefully examine whether or not the father’s claim is true. Supposing the court decides that the father is unable, the mother shall pay the costs of maintenance of their children. Although a court judgment requires that the husband pay the living and maintenance costs of his children, the court in fact finds it difficult to enforce the compliance by the husband to the judgment and to execute former husband’s properties which requires decision from the chairman of (religious affairs) court. Thus, any default by the father in satisfying his responsibilities for paying the maintenance of his children brings harms to the children and the mother.

Measures adopted (July 2000 – October 2003)

Adoption of Law No. 23 of 2002 on Child Protection.

Progress made

Since 2000, information on law of Child Protection has been and are being disseminated, especially to Government officials at both central and regional/provincial levels.

Factors and difficulties

The people’s understanding and awareness of children’s rights as provided for in law of Child Protection is still low since dissemination of information on

36 law of Child Protection was just commenced and thus has not reached all targeted groups across the country.

Priorities for the next five years

• To intensify the dissemination of information on law of Child Protection to both decision makers and the people at large through trainings, and publications in both electronic and printed media. • Carry out the dissemination of information on law of Child Protection through strategic groups including educators, religious leaders, public figures, woman organizations, and NGOs engaged in children issues.

G. Children deprived of their environment

Situation

A child deprived of his/her family environment either temporarily or permanently include orphan, neglected child, street child, child in conflict with the law, and internally displaced child.

A child deprived of his/her environment temporarily or permanently because of a decision by competent authorities with the child’s best interest as the main consideration, or a child deprived of his/her environment because of other reasons, is entitled to protection from the state, and the state guarantees alternative maintenance of the child including a care home service, an adoption, or sheltering in appropriate institutions.

Concept of extended family and kinship system which was traditionally existed within community helped to address the problems relating to orphans and neglected children. It was also part of tradition of religious organizations in the country to have foundation designed to care neglected children and other children in need of alternative care. There were also non-orphanage shelters such as foster parenting and Islamic boarding schools which were purely of people’s initiative.

Moreover, article 34 of the 1945 Constitution obliges the State to take care of neglected children. The law of Child Protection (article 59 concerning Special Protection) further provides that the government and other state institutions be obliged to and responsible for providing neglected children with special protections.

Measures adopted (July 2000 – October 2003)

Amendment of the 1945 Constitution Adoption of Law No. 39 of 1999 on Human Rights Adoption of Law No. 23 of 2002 on Child Protection

37 Progress made

• In addition to encouraging initiatives from private sectors to take care orphans and neglected children, the government has also established orphanages managed by Department of Social Affairs and regional governments. • Ministry of Women Empowerment has gathered data and information through various studies in 20 provinces by involving regional institutions and Centers for Woman Studies as well as LPPM, with a view to improving system of service and protection for children deprived of their environment.

Factors and difficulties

There is no detailed information on children deprived of their environment at provincial and district/municipal levels. Under the new system of decentralization in governance, responsibility for discharging Government’s obligations to fulfill child’s rights lies largely in the hands of district/municipal governments.

Priorities for the next 5 years

• To improve the information system at provincial and district levels concerning children deprived of their environment. • To encourage authorities at provincial and district levels to develop models of caring for children deprived of their environment to respond to the specific needs and problems confronted by the respective region.

H. Adoption (art.21)

Situation

The State recognizes adoption as a means to fulfill child’s rights and guarantees that child’s best interests is the main consideration in adoption.

The survey carried out by Supreme Court of Republic of Indonesia indicates that there had been shifting in child adoption practices in Indonesia. In the past, the child adoption was carried out in traditional manners and without any legal paper attesting the act of adoption. There has been an increase of awareness among people on the need for legal recognition for adoption.

According to Islam, child adoption cannot cut off blood relationship between children and their biological parents. However, there were cases in which the adoptive parents concealed the information about biological parents from their adoptive child so that their right to know of his/her biological parents was denied. Yet, in general, people realized that such practice proved to be counterproductive for both adoptive parent(s) and adoptive child.

38

Following the enactment of Government Regulation No. 7 of 1977 on Salaries of Civil Servants which allows them to obtain allowance for children adopted by virtue of court’s decision, child adoption through court’s decision has become more and more common.

The Supreme Court, through its Circular No. 6 of 1993 and No. 4 of 1989, emphasized that inter-country adoption shall be ultinum remidium or the last resort after all efforts to find adoptive parents from among Indonesians were exhausted, and the adoption requires court’s decision.

Based on the Supreme Court’s Circular, types of adoption are as follows:

• Child adoption by Indonesians (domestic adoption) • Adoption of an Indonesian child by a foreigner (Inter-country adoption) • Adoption of a foreign child by an Indonesian (Inter-country adoption)

In the meantime, the Department of Social Affairs as the institution mandated to deal with matters relating to child adoption, specifies that an adoption shall go through a three-stage process: • Prospective adoptive parents shall file to the Provincial Social Welfare Offices an application for adoption permit (with a copy addressed to the Department of Social Affairs and to the parents or to the institution which take care of the child to be adopted), • Provincial Social Welfare Offices shall investigate and examine the background of the prospective adoptive parents and, within 3 months at the most, shall give either an approval or refusal of the application. • If the application is approved, the court judgment shall be sought to legalize the adoption.

In addition, other statutory provisions concerning adoption that have been in force in Indonesia before this period are, inter alia, (Article 12 (3)) Law of 1979 on Marriage and Ministerial Decree of Social Welfare of Republic of Indonesia No. 44 of 1986.

Until 2003, the Department of Social Affairs has been recording 1,115 cases of adoptions consisting of 863 domestic adoptions and 252 inter-country adoptions in Indonesia.

Measures adopted (July 2000 – October 2003)

• Adoption of Law No.23 of 2002 on Child Protection (in particular article 39). • Adoption on Law No.39 of 1999 on Human Rights. • Issuance of Presidential Decree No. 102 of 2001 on Position, Duties, Functions, Authorities, Organizational Structures, and working procedures of

39 Departments which mandated the Department of Social Welfare to deal with matters relating to child adoption.

Progress made

Legal guarantees of the observance of the principle of the best interest of the child was strengthened following the inclusion of the issue into Articles 39 and 79 of Law No. 23 of 2002 on Child Protection.

In order to make child adoption decisions satisfy the sense of justice, and guarantee the child’s rights to live, to develop and to be protected, an Inter- Country Adoption Consultative Team through Ministerial Decree of Social Affairs No. 51/HUK/1995. The membership of the team which was tasked to advise the Department on the matter comprised experts from relevant professions and representatives of relevant government’s institutions.

At operational level, child adoption was handled by Provincial Social Welfare Offices that functionally serve as extended hands of the Department of Social Affairs.

Factors and difficulties

Hurdles in the child adoption are as follows: • The prevailing laws and regulation do not specify in detail the procedure of child adoption. • Due to the policy requiring that inter-country adoption be the last resort (ultinum remidium), there were several adoptions carried out illegally (illegal adoptions). • Strict adoption procedures which were designed to serve the best interest of the child were often considered as an obstacle for prospective adoptive parent(s) to proper and legal child adoption.

Priorities for the next five years

• To improve and strengthen mechanism of child adoption, especially inter- country adoption with a view to ensuring the principle of the best interest of the child and to preventing trafficking in children. • To produce standards and technical guidance pertaining to child adoption for officials in charge of child adoption and for public at large. • to produce implementing regulations of Law No. 23 of 2003 on Child Protection, in particular concerning article 39 on child adoption.

40 I. Periodic review of placement (art.25)

Situation

Problems of children living and working on the street, either by themselves or together with their families, have become more apparent in big cities in Indonesia. The number reaches between 60-70 thousands. It was estimated that 10-15% of those street children running away from their families because of violence and/or being neglected. Most of them stay on the street for more than 21 hours and six days a week. Some of them still go to school but they are vulnerable to dropout.

Measures adopted (July 2000 – October 2003)

Adoption of Law No. 23 of 2002 on Child Protection

Progress made

1. Social services through caring house system were introduced, including:

• Day Care Center. The target of this programme was children who were left alone while their parents were working. Since the programme was launched in 1999 in 24 provinces, there have been 759 care houses with the capacities of 16,674 children. This programme was an effort to ensure the well-being of children whose parents were not able to accompany them during the day.

• To deal with neglected infants, Department of Social Affairs had, in cooperation with seven relevant social organizations, developed Social Service Center for Neglected Infants (Panti Sosial Penitipan Bayi Terlantar/PSPBT). These organizations were also tasked to assist the Department in matters relating to child adoption.

• Child cares were carried out at Orphanages Social Service Centre / Panti Sosial Asuhan Anak (PSAA) and Rehabilitation Centre / Panti Sosial Petirahan Anak (PSPA). As the implementation of regional autonomy in accordance with Law No. 22 of 1999 on Regional Government, most of care houses owned by Department of Social Affairs are handed over to regional governments. However, there remained three caring houses managed by Department of Social Affairs.

• To address problems relating to dropouts/neglected children, the Department of Social Affairs has established the following facilities: - Youth Center Training (Panti Sosial Bina Remaja/PSBR), including PSBR owned by regional governments. - Open House for street children in 12 cities/11 provinces.

41 The Department also developed programmes of a three-month apprenticeship, a six-month of vocational course and a six-month of vocational training.

2. Play-group (Kelompok Bermain )

Until 1999 there had been 143 play-groups in 13 provinces which were servicing 5,203 children. This programme is an effort to ensure the well-being and the intellectual capacity development of children. Since the enactment of Law No. 20 of 2003 concerning National Education System, the Department of National Education established cooperation with the Department of Social Affairs in developing this programme.

About 1.6 billion IDR budget was allocated for the provision of preschools education, especially social services through day care centers and play-groups with the following activities: a. Operational Assistance for 24 day care centers/ playgroups. b. Additional Assistance for 300 children at day care centers/ playgroups. c. Educative Toys Assistance (APE) for 38 day care centers/ playgroups d. Collecting data, monitoring and review of day care centers/ playgroups in 30 provinces, and e. Coordination meetings between Government and societies to optimize programme implementations.

Factors and difficulties

Lack of infrastructure, and insufficient number of qualified social workers.

Priorities for the next 5 years

To expand and improve the service.

J. Abuse and neglect (art.19), including physical and psychological recovery and social reintegration (art. 39).

Situation

The 2002 report of Indonesian Police Department recorded 810 cases of child abuses in 26 provinces during 1999 – 2002. The results of abuse can be permanent or may be fatal.

Measures adopted (July 2000 – October 2003)

• Adoption of Law No. 39 of 1999 on Human Rights • Adoption of Law No. 23 of 2002 on Child Protection

42 Progress made

• To deal with children unwanted by their parent(s) (because of rape or out of wedlock pregnancy), Department of Social Affairs worked with Yayasan Sayang Ibu (Mother’s Love Foundation) in Yogyakarta to establish Rumah Ibu (Mother’s House). • For children in need of special protection, there were Protecting Homes for children or Trauma Center at Social Service Center for Adolescence in Bambu Apus of East Jakarta. • Children are raised in another family through adoption rather than in his/her own. • Adoption in accordance with the Circular Note of Supreme Court No. 6 of 1983 as confirmed by Law No. 23 of 2003 on Child Protection, Department of Social Affairs can recommend to a court whether or not a child may adopted. • Guardianship has been chosen if a child’s biological parents are incapable to perform a legal action on child behalf or their whereabouts is unknown. • Foster care is services to fulfill child’s rights when the child’s biological parents are incapable to meet physical, mental and social needs of the child. • Assistance of Family’s Social Welfare is not available. This activity is carried out through Family Welfare Consultation Center (Lembaga Konsultasi Kesejahteraan Keluarga/LK3) which had existed in every provincial capital since 1999. • Several parties, especially human rights activists and pediatricians, had initiated programmes to deal with this matter. Since 2000, Cipto Mangunkusumo Hospital has established integrated units to take care of children suffering from physical and sexual abuses. Police Department has also established special investigation rooms for persons in specific need such as children suffering from abuses.

Factors and difficulties

• The handling of children experiencing physical, emotional and sexual abuses has not become a national programme. • No study about the extent and background of the problems and the involved parties has been carried out. • In general, professional capacities of doctors, physiatrists and social workers in dealing with such issue have not been upgraded. • Some social and cultural values still allow corporal punishment against children as an education method.

Priorities for the next 5 year

• To develop and implement programme to sensitize public from all walks of life on the protection of child’s rights as contained in the Law on Child Protection.

43 • To disseminate the experiences and best practices in dealing with children suffering from abuses which already existed in certain region to the rest of the country.

44

CLUSTER VI

BASIC HEALTH AND WELFARE

(Arts. 6; 18, para. 3; 23; 24; 16; 27, paras. 1-3)

A. Disabled children (art. 20)

Situation

According to the National Socio-Economic Survey 2001 the number of disabled people is 1.548.005, and 367.520 of them are children.

Causes of disabilities among children are, among others: - Drug abuse - Application of wrong medication - Malnutrition - Disasters (natural and social) - Accidents

The number of children living with disabilities is likely to increase along with population growth.

Measures adopted (July 2000 – October 2003)

Adoption of Law No. 39 of 1999 on Human Rights. Adoption of Law No. 23 of 2002 on Child Protection articles 59 - 71

Progress made

The rights of children with mental and physical disabilities are guaranteed by Article 54 of Law No. 39 of 1999 on Human Rights, which states that every child with physical or mental disabilities has the right to care, education, training, and special assistance at the government cost in

45 order for him/her to live with dignity and self-esteem, and to be able to exercise his/her rights as a citizen.

Article 12 of Law No. 23 of 2002 on Child Protection regulates that every disabled child has the right to rehabilitation, social assistance, care and social welfare.

Programmes and activities which have been implemented include provision of information outlets, data collection on disabled children in 30 provinces, improvement of rehabilitation centre for disabled, promotion of public participation, enhancement of the capacity of local governments and strengthening of the role of mobile social rehabilitation units, training for social workers, provision of service and facilities, as well as social rehabilitation for disabled children.

Factors and difficulties

• Many parents feel ashamed of having disabled children and they prefer to send their children to rehabilitation centre for disabled children. • Social rehabilitation centre for disabled children is inadequate due to government financial constraints. • Access to health and education for disabled children with specific needs is still low. • Accesibility public facilities has not become a priority of regional development.

Priorities for the next 5 years

Social rehabilitation of disabled children will be focused on developing system of information on disabled children, updating data on disabled children from provinces, upgrading of rehabilitation centre for disabled children, promoting community based-care, increasing the capacity of local governments, and strengtheing the role of mobile social rehabilitation units, training for social workers and providing better service and facilities, social rehabilitation of disabled children, and promoting cooperation with relevant international organizations.

B. Health and health services (art. 24) ; Social security and childcare services and facilities (arts. 26 and 18, para. 3); and Standard of living (art. 27, paras. 1-3)

46 Situation

The government realizes that health is a human right and a strategic investment for sustainability of the national development. Therefore, efforts to improve health situation in Indonesia have become a strategic priority. The efforts include provision of basic health care based on the principle of shared responsibility between the government and the public. The government assumes the main responsibility to shoulder costs of health care and facilities for the poor, people in remote areas and vulnerable groups, and to provide public goods such as subsidized essential drugs, vaccines, clean water, contagious disease prevention, settlement sanitation, health counseling, and health workers at primary level of care and referral system services.

Those who are not in the category of poor make use of schemes such as national health insurance, public health care insurance, work health insurance and private health insurance to cover their health care costs.

Infant Mortality Rate (IMR) and Under 5 years Mortality Rate (U5MR) had declined before the economic crisis in Indonesia. According to the demographic and health survey in 1987, IMR in Indonesia stood at 65,4 per 1,000 live births and dropped to 45,7 in 1997. U5MR in the same period decreased sharply from 94,7 per 1,000 to 58,2 per 1,000. According to the National Socio Economic Survey (Susenas/NSES) 2001, IMR and U5MR rose to 51 and 68 respectively per 1000 live births.

Indonesia does not have vital statistic data to directly calculate maternal mortality rate (MMR). Indirect estimates of MMR from the 1986, 1992 and 1995 HHS indicate a reduction of MMR from 450 per 100,000 live births in 1986 to 425 in 1992 and 390 per 100,000 live births in 1994. However, the 1995 Household Health Survey (HHS) estimated a national MMR of 373 per 100,000 live births. The latest data from 2001 NSES shows an MMR at 394 per 100,000 live births. This fact confirms that the MMR in Indonesia during the last 15 years tend to be stagnant.

47 Figure VI.1. The Trend of Maternal Mortality Ratio from 1984 to 2001

500

450 425 400 390 394 373

300

200 1986 1992 1994 1995 2001

Data from 1995 HHS shows that major causes of maternal deaths are hemorrhage (46.7 percent), eclampsia (14.5 percent) and infection (8 percent). The 2001 NSES find similar pattern of the causes of maternal death. These complications occur during or shortly after delivery, when only un-trained traditional birth attendants or family members care for many women and they do not receive essential obstetric care needed.

Figure VI.2. Pattern of Main Causes of Maternal Deaths, 1995 - 2001

50

40

30 Hemorrhage Eclampsia 20 Infection 10

0 1995 2001

48

It is estimated that half of Indonesian children are malnourished, approximately 60 percent of infants were born from mothers with iron deficiency, and 15 percent were born with low birth weight. Thus, 700,000 Indonesian children are born with low birth weight every year, which means 2,000 infants are born every day or nearly 100 every hour.

The immediate impacts on malnourished under fives are that they will grow up to be people who are often affected by various infectious diseases such as skin disease, respiratory infection, diarrhea and tetanus, in addition to low intelligence capacity.

Overall, infant and child mortality rates have decreased significantly over the last decade, with however, a slight upward trend following the late 1990s, probably linked to the multiple crises then.

Figure VI.3.

The Trend of Neonatal (0-11 months), Infant (1-4 years), and under five (0-5 years) in Indonesia by location. Result from Household Health Surveys (HHS) 1995, 1998, 2001

100 90 80 70 60 50 40 30 20

Per 100.000 live births 10 0 AKB AKA AKABA AKB AKA AKABA AKB AKA AKABA 1995 1998 2001 Urban 45 13 58 35 8 42 39 10 49 Rural 66 26 90 54 19 74 59 21 78 Urban+Rural 60 22 81 49 15 65 51 17 68

AKA : Angka Kematian Anak (Infant Mortality Rate/IMR) AKABA : Angka Kematian Balita (Under 5 years Mortality Rate/U5MR) AKB : Angka Kematian Bayi (Neonatal Mortality Rate/NMR)

There is a wide variation of the rates among provinces and between rural and urban area (Figure 4).

49 Figure VI.4. Under Five Mortality Rates Across Regions 2001

100

Per 80 1000 live 60 Total births 40 Urban 20 Rural

0 Sumatra Java-Bali Eastern Indonesia

Source: National Health Survey (Survey Kesehatan Nasional/Surkenas) 2001 (based on SUSENAS data)

Figure VI.5. Causes of Death for Under 1 Year Infants

Respiratory Nerveous Tract System Diseases Diseases 28% Tetanus 3% 3%

Diarrhea 9% Digestive tract Diseases 4%

Others 17%

Prenatal Disorder Source: SKRT 2001

The main causes of infant deaths are prenatal disorders, followed by acute respiratory infection. Whereas the main causes of infant (1-4 years) are respiratory disease, diarrhea, nervous system disease and typhoid.

50 Figure VI.6. Causes of Death for under 5 Infants

Nervous System Typhoid Diseases 11% 12% Diarrhea 13%

Respiratory Tract Diseases 23%

Digestive Others Tract 35% Diseases Source: SKRT 2001 School Aged Children and Adolescent Mortality Rate

Compared to the data of health of younger children, data on school aged children and adolescents are somewhat limited. The SUSENAS in 2001 provided information on the main causes of children aged 5 – 14 years which are typhoid, accident and outside factors, neoplasm and infectious disease including diarrhea.

Figure VI.7. Causes of Death among Children aged 5-14

Other Typhoid Infections 15% 8% Neoplasm Diarrhea 11% 8% Respiratory Diseases 8%

Digestive Diseases 9% Others 28% Accidents 13% Source: SKRT 2001

51

Nevertheless, data on the main causes of death of adolescents aged 10-19 years are not available. Only data on the causes of death of population aged 15-24, which include adolescents, are available. People aged 15-24 die mainly because of accidents and external causes, followed by tuberculosis and neoplasm.

The following figure presents causes of death among population aged 15-24 according to SKRT 2001.

Figure VI.8.

Causes of death among Population Aged 15-24

TBC Neoplasm 13% 10%

Typhoid 9% Accidents 22%

Circulation System Others Diseases 39% 7% Source: SKRT 2001

Morbidity

SUSENAS 2001 showed that 49,1 per cent infant aged <1 year (49.0 percent boys, 49.2 percent girls) and 54.8 percent U5 aged 1-4 years old (55.7 percent boys, 54.0 percent girls) complained sick over the last few months before the data (visit) were collected. Among children aged 0- 4 years the prevalence of high fever was 33.4 %, cough 28.7 %, cough and shortness of breath 17.0 % and diarrhea 11.4 %. The levels of the diseases’ prevalence are not too divergent in urban and rural areas.

52 On the average, an Indonesian child under five spends 2,5 months a year with cough, 40 days a year with a fever, and two weeks a year with diarrhea. In addition, intestinal worms are a common problem in this age group. Polio elimination has been considered successful as no new cases have been reported since 1996. Surveillance of acute flaccid paralysis cases shows that wild polio has not been detected.

SUSENAS data 2001 does not give any specific information on adolescent health (age group 10 to 19 years old). Data and information from the SUSENAS are provided only for the group of age 5-14 years and 15-24 years. Results of the Morbidity Study shows that 42.2 percent children aged 5-14 years (41.2 percent boys, 43.3 percent girl) and 41.6 percent people aged 15-24 years old (36.5 percent boys and 46.1 percent girls) complained having illness during the previous month before the data (visit) were collected.

In 2002 immunization coverage for infants include 96.4 % for BCG, 96.2% for DPT 1 and 90,6% for smallpox. Tetanus neonatorum is one of infant killer diseases which can be prevented with immunization. Unfortunately only 75.6% pregnant mothers received full toxoid tetanus (TT) immunization.

Malnutrition remains a serious problem, as reflected by the high proportions of underweight, stunted and children’s suffering from micronutrient deficiencies (iron deficiency, iodine deficiency, and vitamin A deficiency). The prevalence of malnutrition among children under five years stood at 27,3% in 2002. The chronic problem of malnutrition among U5 infants in Indonesia is reflected by high number of stunted children – about 30-40 % of children under five are classified as stunted. Iodine Deficiency (Gangguan Akibat Kekurangan Yodium/GAKY) too remains a serious problem in Indonesia as reflected by the fact that consumption of iodine salt is not universal. A survey of salt use at household level showed that only 60% - 70% of households consume adequate iodine salt (>30 ppm). Another problem is nutritional anemia caused by iron deficiency.

In 2000 moderate malnutrition was suffered by 17,13 % of infants under five years (BPS data). In 2001 the number reduced to 8,74 %. In 2000 cases of severe malnutrition stood at 7,53 %, but in 2001 it dropped to 0,61 %. This means about two million of 24 million children under five years in Indonesia suffered from moderate and severe malnutrition that can affect their physical and mental development.

53 Figure VI.9. The Trend of Severe and Moderate Malnutrition (Underweight) Among Under-five Children from 1986 to 2001

40 31,17 35 28,34 20,02 30 19 25 18,25 17,13 20 15 11,59 10 10,51 8,74 7,23 8,11 7,53 5 6,3 0 0,61 1989 1992 1996 1998 1999 2000 2001

Severe Malnutrition Moderate Malnutrition

Sources: Central Bureau of Statistics

SURKESNAS 2001 data shows cases of anemia among under- five infants stood at 48%, with infants under one year the worst hit. The number of children suffering anemia is higher in rural areas than in cities. The proportion of children aged 5-14 who suffered anemia is 28,3%.

Figure VI.10. Anemia Prevalence Among Children Under Five Years

80

60

40

Percent 20

0 12-23 24-35 36-47 48-59 < 6 mths 6-11 mths mths mths mths mths Anemia % 61,3 64,8 58 45,1 38,6 32,1

54 Source : SKRT 2001

Figure VI.11. Proportion of Under-Five Children Suffering from Underweight & Stunting

60

50 Stunting, moderate & severe 40 Underweight, 30 moderate & severe stunting, severe 20 Underweight, 10 severe 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002

Source: Underweight: national data from Susenas Stunting: Limited surveys reported in End Decade Statistical Report, 2000 BPS-UNICEF

Smoking is prevalent among people of all age groups in Indonesia. Many young people are addicted to smoking and it is hard for them to break the habit. Nationwide 27,7% of people aged 10 or above said they smoked and 68% of them said they started smoking when they were under 20 years.

Figure VI.12. Proportions of people aged ten or more who smoke based on ages when they started smoking and their sex

70

60

50

40

Percent 30

20

10 Source: SUSENAS 2001 0 5-9 10-14 15-19 20-24 25-29 30+ Male 0,3 9,5 59,8 23,8 4,6 2,1 55 Female 0,7 5,7 26 22,3 14,1 31,2 Age (year)

Results of SUSENAS 2001 showed that about 27,7% of people under 10 years or above have smoked in the last month. The prevalence of smoking among male population is 54,5% while among female population is 1,2%. About 92% smokers said that they usually smoke at home when they were with others members of their family. About 9,4% smokers started smoking at age 10-14 years, while 59.1 % said they started smoking at age 15-19 years.

HIV/AIDS case among children is still low compared to other countries. In 2002, 16 cases were reported among children under 14 years of age, and 66 cases in the age group 15-19 years. However, the government estimates that the actual number is much higher. Young people are increasingly at risk: coupled with ignorance in reproductive health issues, they may engage in unsafe behavior such as unsafe sex and drug use. Among the estimated 129,500 women who are commercial sexual workers, a significant proportion are under 18 years old.

SUSENAS 2001 showed that the level of accessibility to protected clean water sources over the past three years has not changed significantly while the use of sanitary toilets increased. The proportions of households use protected clean water sources stood at about 73,5% (piped water 19,5%, water pump 13,9%, protected well 32,7%, and protected spring 7,4%) while the proportions of households using toilets rose to 93% (consisting of jamban leher angsa 61,6%, plengsengan 11,5%, and jamban cubluk 19,8%).

Breastfeeding for infants of 0-4 months (four months of exclusive breastfeeding) reached 49,2% (SUSENAS 2001). 86% of mothers breastfeed their babies until the babies reach 12-15 months, and 66% of mothers breastfeed their babies until the babies reach 22-23 months. The proportion of babies which is exclusively breastfed in rural areas is higher that that in urban areas.

SURKESNAS 2001 showed that only about 6% of babies aged 6-7 months have not received food to supplement breastfeeding. This proportion is nearly equal with that in rural and urban areas; However, food quality is mostly inadequate.

Health Services

The Community Health Centers (PUSKESMAS) have been established throughout the country. These health centers are supported by auxiliary clinics and mobile clinics to reach those in need. Except in regions far from referral service facilities, Puskesmas are equipped with in-patient

56 facilities. 7,277 Puskesmas, 21,587 auxiliary Puskesmas and 5,084 mobile Puskesmas were registered in 2001. Of these puskesmas, 1,818 were equipped with in-patient facilities. Each Puskesmas has at least one doctor and several nurses and mid-wives. The ratio of Puskesmas per 100,000 people is 3.5.

In 2001, hospitals run by government, private sectors, state-owned companies, military or police were 935 in 30 provinces and 353 regencies and cities with the capacity of 109.948 beds. The ratio of beds was 54.64 per 100.000 people. There were 15.428 general practitioners (GP) with the ratio of GP was 7,65 per 100,000 people. The number of specialist doctors was 6.039 with the ratio of 2.99 per 100.000 people. The ratio of mid-wives was 7,98 per 100,000 people.

Since 1983, the government in cooperation with community has developed Small Integrated Health Care Service Unit (Pos Pelayanan Terpadu /Posyandu) in villages (Desa), sub-villages (Dukuh) and neighbouring communities (Rukun Warga/RW) in order to improve access to basic health care and nutrition for children.

In the last decade, Posyandus proved to have accelerated the programmes of immunization, nutrition, the mothers and children's health, family planning and diarrhoea prevention carried out by 1.2 million well- trained volunteers. The Village Potency Survey (PODES) in 2000 showed that 92% of villages have owned Posyandu. There are currently 240.000 Posyandus throughout Indonesia, in which each village has 3 to 4 Posyandus run by 4 to 5 trained cadres. The economic crisis has caused the reduction of the number of Posyandu to 120,000 and contributed to reducing the trained cadres into half.

In the last three decades, the incidence of poverty in Indonesia declined significantly as a result of rapid economic growth coupled with investments in social infrastructure such as health and education, promotion of agricultural development, and rural infrastructure. However, the economic crisis, which began in mid-1997, has had an adverse impact on social development. This situation contributed to growing number of poor household which in turn increased the risk of children forced out of school, inability to afford basic health services, and increasing child malnutrition. In addition, health services deteriorated as a result of extremely high prices of medicine and medical equipment. Should such condition perpetuate, it may produce a "lost generation" in the long run. In response to the crisis, the Government of Indonesia implemented a comprehensive and integrated rescue programme for the poor. This includes reorienting programmes to address the impact of the crisis, and introducing new specific programmes under the scheme "Social Safety Net (SSN) Programme" in which in the

57 field of health it was directly delivered to intended recipients such as children, women, families and health centers.

An observation on the implementation of the SSN programme in 2002 in 338 regencies and cities revealed that targets of the programme were 13.9 million families, 92.8% of whom had a health card and 48.7% of whom used services of Puskesmas. 61.6% of babies aged 6-11 months, 68.1% of babies aged 12- 23 months, and 60.7% of children aged 2-5 years made use of Puskesmas health services.

Measures adopted (July 2000 - October 2003)

• Constitution • Adoption of Law No. 23 of 1992 on Health • Adoption of Law No. 39 of 1999 on Human Rights • Adoption of Law No. 23 of 2002 on Child Protection.

Progress made

The Government, as obliged by the existing laws, provides health care facilities and makes integrated efforts in health services for children so that each child has enjoyed a highest possible level of health since in the womb. These include preventive, curative and rehabilitative measures.

Article 44 of Law No. 23 of 2002 on Child Protection stipulates: (1) "The Government is obliged to provide health care facilities and comprehensive services for children so that they can enjoy a highest possible level of health since they are in the pre-natal stage. (4) "Comprehensive health care services as mentioned in point 1 are to be given free of charge for poor families.

Law No. 23 of 1992 on Health states: Article 8 stipulates "The government is required to mobilize the community to take part in providing health care services and financing by taking into account social aspects so that the poor can still be guaranteed access to health care services.

Article 17 (1) states: "Children health care services are provided to foster children's growth and development.

Article 17 (2) states: "Children health care services as mentioned in point 1 are provided for children in their pre-natal stage, post-natal stage, when they are under five years, in the pre-school period and in the school period.

58 Article 18 (2) states: "The government assists in the implementation and develops family health by providing facilities and infrastructure or by activities supporting the promotion of family health.

Article 62 of Law No. 39 of 1999 on Human Rights states: "Every child has the right to adequate health care services and social security according to his/her physical and mental needs."

Article 28 H of 1945 Constitution states: "Everyone has the right to life prosperously materially and spiritually, reside, enjoy decent and healthy environment, and get access to health care services.

To improve the quality of life of the people, especially for mothers and their children, such measures have been taken as:

1. Mother mortality rate reduction programme by conducting making-pregnancy-safer campaign; the mother friendly movement Gerakan Sayang Ibu; Aliansi Pita Putih; the alert husband movement (Gerakan Suami Siap Antar Jaga/SIAGA); providing midwives in villages; improving health care services for mothers and children; nutrition; sustaining life mother and infant; as well as improving skills of health care workers in providing basic delivery care, emergency obstetric and neonatal care. In addition, efforts are also carried out to improve nutrition of pregnant women, to provide village ambulances, to set up maternal social funds and maternal saving schemes, and to give paternity leave.

2. Infant mortality reduction programme. The improvement of child growth and development by providing essential neonatal care including delivered baby care, complication and immunization for hepatitis B at birth, improving amount of exclusive breastfeeding from 4 months to 6 months, immunization for complete 7 antigens (BCG, DPT, Polio, Smallpox and Hepatitis), nutrition improvement including supplementation of vitamin A and providing supplementary food, growth monitoring, integrated management of childhood illnesses including treatment of diarrhoea, ARI (Acute Respiratory Infection), malaria and other diseases causing infant deaths, as well as early detection of irregularities and children development stimulation.

3. In the improvement of mothers' knowledge in caring children at home, the government has issued Maternal and Child Health Handbook, developing Infant Family Care through nursery and using educative game tools to stimulate child growth and development.

4. The revitalization of Posyandu, the assignment of Paediatricians in all districts and cities, the improvement of child health service reference

59 system, the primary and secondary prevention programme such as providing iodine, flourishing clean water, fortifying vitamin and protein in flour, improving environmental quality, providing clean water, and promoting healthy life.

5. In the protection of child from organ transplantation intended for organ trade, the government has strictly banned the use of children as a research object and prohibited child organ trade. This is stipulated in Article 47 of Law No. 23 of 2003 on Child Protection. In this regard, violators will face a 10-year jail sentence or a fine of 200 million rupiah (Article 84 of Law on Child Protection).

6. In the protection of child from illegal traditional and medical practices, the government has conducted control and partnership for all traditional healing services and illegal medical practice including traditional birth attendance. The traditional practices such as feeding newly-born babies with solid food (bananas), sex for newly-circumcised children, prohibition for girls circumcision, the use of traditional herbs in cord, the use of unhygienic herbs and traditional medicine.

7. The government encourages ability and independence of professional organizations such as IDI (Indonesian Medical Association), IDAI (Indonesian Association of Paediatricians), POGI (Association of Gynaecologist Obstetric), Indonesian Mid-Wives Association, National Nurses Association to improve health of mothers and children through developing institutional networks which have concerns for children.

8. The Government has developed various efforts to increase the awareness, skills and independence of young couples, acceptors of the family planning programme, families and other members of the public as well as family planning field officer to support the improvement of mothers and children health through guidance books, contraception subsidies, counselling and family planning services including implanting reproductive health knowledge and wealthy family as well as gender knowledge in the elementary, medium and high school curricula (life skills education).

9. In the effort to increase support for child health improvement, Government actively participated in the child health cooperation activities at bilateral, regional and international levels. Such cooperation is carried out through the increasing of technical assistance and services from UN agencies such as WHO, UNICEF, UNFPA, UNDP, UNAIDS, as well as other related governmental and non-governmental institutions. Bilaterally, the Government has continued develop cooperation with donor countries. Indonesia also granted technical assistance and expertise to some others developing countries. The Indonesian Health Minister,

60 currently, is the head of SEARO-WHO (Southeast Asia Regional Office – WHO).

The Government of Indonesia is currently finalizing the National Programme for Children in Indonesia 2015 (Programme Nasional Bagi Anak Indonesia/PNBAI). Based on principles and policies established in the Constitution of Republic of Indonesia and on the international commitments such as Millennium Declaration and the World Fit Children declaration, the PNBAI addresses the key issues included health, nutrition and HIV/AIDS.

Since 1998, the use of Mother and Children Health Book (Buku KIA/Kesehatan Ibu dan Anak) has been introduced nationally. Buku KIA is used as source of information and means of monitoring health, nutrition, and pregnancy, newly born babies and children under five years of age. Buku KIA, currently, is used in all provinces and more than 214 regencies and cities throughout Indonesia. Mothers receive Buku KIA when they check pregnancy for the first time. For poor families, the government provides Buku KIA at no cost. In 2002 contents of Buku KIA were revised. One of the basic revision is the inclusion of information on birth certificate which must be filled by health workers to promote the use of Birth Certificate as one implementation of the rights of the child.

The adolescent-oriented health care services are currently being developed. Puskesmas serves as health care facilities which also provide health care services to teenagers. The services include reproductive health, counselling to cigarette consumption and drug abuse. Puskesmas, in collaboration with secondary schools, also provide life skill education for students. This collaboration has taken place in 7 provinces in Indonesia.

Indonesia has applied Integrated Management of Childhood Illness (IMCI) as an approach in providing health care services to illness children under five years old since 1997. This approach integrates health care services in comprehensive manner, taking into account not only curative aspects (pneumonia, malnutrition, small pox, diarrhoea, malaria, ear infection), but also preventive and promotional measures. As for preventive and promotional measures, health services for the illness infant are conducted by evaluating the exclusive breastfeeding and breastfeeding until two years old, and also providing immunization and vitamin A. IMCI has currently been adopted in 30 provinces and more than 165 regencies and cities in Indonesia. The implementation of IMCI proved to have made changes, in particular, concerning the health services on several overlooked cases such as pneumonia, malnutrition, malaria and anaemia.

The Government's commitment to combat HIV/AIDS is reflected in the new National Strategy to Combat HIV/AIDS 2003-2007. Current initiatives on the HIV/AIDS adopted by Indonesia include:

61 • dissemination of information, • education and communication initiatives, • diagnostic and treatment programmers for sexually transmitted diseases and HIV/AIDS, • surveillance, • voluntary counselling and testing services in selected hospitals and facilities, • training for staff from health and other sectors, and • operational research on high risk behaviour.

Other activities comprise strengthening of surveillance systems at central, regional and local administration, implementation of behaviour surveillance in 13 provinces, field trials of harm reduction using methadone maintenance and substitution method in Jakarta and Bali, field trials of condom use, and measures for prevention of mother-to-child transmission in Papua.

Factors and difficulties

Indonesia still has high maternal mortality ratios. It is estimated at 373 per 100,000 live births. However, the ratio varies from one province to another: from 1,025 per 100,000 in Papua to 248 in Central Java. Various programmers and initiatives to reduce maternal mortality include, among others, the National Safe Motherhood Programme, which began 1991; and as part of this umbrella, the 2001 Making Pregnancy Safer Strategy.

Children, economically unproductive group, face problems to have access on health facilities caused by, among others, few people have health insurance. The state and government ability is too limited to provide free health services for the poor including children.

Teenagers need special health services since they need more privacy, health care workers who have empathy against them. Currently, there are very few Puskesmas which provide teenager-friendly services. Efforts are needed to allow teenagers access to health care services that suit their needs.

The improvement of health service quality for infant through IMCI and of mothers, family and community behaviour through Book of KIA have not reached all children in Indonesia. Commitment from the Government is highly needed to provide health services for children.

The activities to combat HIV/AIDS will need to be supported by an appropriate law and regulation frameworks; awareness raising among parents, families and communities; strategic alliances at every level (local,

62 national, international); measures to ensure gender equality; and specific targeting of health and social services to those in need.

Priorities for the next 5 years

To alleviate deteriorating health services through Posyandu, the Government prioritise the implementation of revitalization function, mechanism and management of Posyandu as health care centres and a nutrition provider at grass root level.

The goals of child health development in Indonesia is that every Indonesian child lives within the family, society and healthy environment, as well as healthy life style. Also to have greater access towards comprehensive health care accessible and affordable to everyone, so that the highest quality standard of health through out Indonesia can be attained. Such a vision was formulated in Anak Indonesia Sehat 2015 (Healthy Indonesian Children 2015).

The mission of Health National Programme for Indonesian Children are:

1. Child Health as the main priority in the national development and on health development. 2. Improving capacity of families, parents and legal guardians to fulfil the children rights to health. 3. Stimulating various potential elements of society to support the improvement of standard of child health. 4. Improving child health through joint efforts among related sectors. 5. Promoting highest quality of physical, mental and social health services which are accessible and affordable to everyone. 6. Improving healthy physical, mental and social environment for children.

The Following are general goals of Health Care Development for Children : 1. Reducing infant mortality rate and under-five mortality rate by the year of 2015 to 2/3 of the 2001. 2. Reducing mother mortality rate by the year of 2015 to 1/3 of the 2001. 3. Reducing prevalence of malnutrition among under five years old children and prevalence Berat Badan Lahir Rendah/BBLR (Low Weight Birth Rate) by the year of 2015 to 2/3 of the 2001. 4. Reducing the proportions of households having no access to affordable sanitation facilities and clean water by the year of 2015 to 1/3 of the 2001. 5. Planning, developing and implementing the national programme and policy on the development of early childhood in 2005. 6. Planning, developing and implementing the national health programme for adolescents in 2005.

63 7. Improving access to reproductive health care services through a health care system.

The following are four main strategies to realize the goals of the National programme for Health Care Development for Children:

• Empowering families, parents, and/or legal guardians, to be independent, to have the ability and determination to attain highest possible level of child health. • Empowering community, to be independent, to have the ability and determination to support and assist the family to attain highest possible level of child health. • Maximizing the roles and contribution of various sectors to support attaining highest possible level of child health. • Providing a comprehensive and quality health services, affordable and accessible to everyone. • Improving quality, availability and accessibility of various health services needed to attain highest possible level of child health.

Another foundation is the Healthy Indonesia Vision (Indonesia Sehat 2010). Such of health development strategy, policies, mission and vision are developed based on the following foundation: humanity, empowerment and independence, just and fairness, as well as priority and usefulness.

To strengthen the health care system, the Indonesian government has set out its forward vision Indonesia Sehat 2010 (Healthy Indonesia 2010), which uses a life cycle approach to address specific health and nutrition issues.

Guiding principles used include:

• comprehensiveness of strategies, from promotive and preventive approaches to curative and rehabilitative approaches; • integration of services encompassing relevant government sectors, private sectors, non-governmental organizations and communities; • pro-poor services and equity, quality, affordability, accessibility of health care; • gender equality in health services.

For nutrition improvement, specific policies focus on promoting community nutrition education and dealing with under-nutrition in women in children.

64 The main strategies and activities to achieve the above include:

• the provision - through the Integrated Management of Childhood Illnesses and other strategies - of high quality health services that are accessible to all children, including those living in remote or unreachable areas and slums; • advocacy with critical stakeholders such as parliament, planning agencies, professional organizations and related sectors; and • empowerment of community institutions, NGOs, mass media, the information sector, and the private sector as critical role players in actions for children. Specific interventions for nutrition include nutrition education, family nutrition improvement, food fortification, and the implementation of food and nutrition surveillance systems.

The National Strategy to Combat HIV/AIDS has been reviewed and revised to reflect the current situation, where HIV infection is increasing among injecting drug users, especially young people and children. A new National Strategy to combat HIV/AIDS 2003 -2007 has been developed and will be launched in May 2003. The revised strategy reflects and recognizes the seriousness of the HIV/AIDS issue for Indonesia.

65

CLUSTER VII EDUCATION, LEISURE AND CULTURAL ACTIVITIES (Arts. 28, 29, 31)

A. Education, including vocational training and guidance (art. 28)

Situation

The Population Census of 2000 reveals that children and teenagers under 19 years of age make up 30,44 % or 78.4 million of the total population of Indonesia, clearly illustrating the younger generation’s potential as a future asset to the nation. Hence, the Indonesian Government considers it vital and strategically important to devise and implement human resource development programmes designed to provide greater access to education and healthcare services to the 0–18 age group in particular.

In this regard, the government has implemented a number of measures to improve the quality of human resources and to provide greater learning opportunities for higher education by obtaining funds from both its own budget and from the community, and by improving the country’s educational facilities and infrastructures. Additional steps that have been taken include reviewing and developing the national curriculum and implementing a compulsory 9-year basic education policy as a follow-up to the previous compulsory 6-year education policy for the betterment of child education. The funds necessary for such activities were raised among others by the Social Safety Net Programme (Jaring Pengaman Sosial/JPS) and the National Movement of Foster Parents (Gerakan Nasional Orang Tua Asuh/GNOTA). In another example, funds collected from the subsidy of fuel and oil price hike of 2001 were allocated to a programme on out-of- school education and young people. In order to provide a legal framework for securing funds for education, a provision in the newly amended Constitution stipulates that the budget for education must constitute at least 20 % of the State and Regional Budgets. This directive is encapsulated in Article 49 paragraph (1) of Law No. 20 of 2003 on the National Education System, namely that the allocation of funds for educational purposes shall represent a minimum of 20% of the National and Regional Budgets.

With regard to participation in elementary schools, junior high schools and senior high schools, most children have completed their nine-year basic education programme at the age of 7–18. Gender discrimination in the enrollment process of children in both primary and secondary schools does not exist in Indonesia. With regard to higher education however, there is a slight discrepancy between the numbers of enrolled pupils, with boys outnumbering girls. This phenomenon is rooted in the common perception that boys, rather than girls, deserve a greater opportunity to further their education. In addition, girls often marry earlier than boys, with marriage rates of 34.2% and 11.7% respectively for children under 15 years old (see Tables 1 and 2).

66 Table VII.1.

School Participation Rate (APS*) of Population Aged 7-18 Depending on Region, Sex and Age, in 1999–2002

Region/ 7 – 12 13 - 15 16 – 18 Sex 1999 2000 2001 2002 1999 2000 2001 2002 1999 2000 2001 2002 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Urban 97,5 97,6 97,3 97,52 88,04 87,76 88,16 88,17 68,79 64,75 63,9 64,84 Men 97,3 97,25 97,03 97,23 89 88,16 89,08 88,18 69,66 65,64 65,97 66,33 Women 97,7 97,96 97,59 97,83 87,07 87,33 87,26 88,16 67,93 63,88 61,84 63,3 Rural 94,2 94,25 94,52 95,11 73,62 72,56 73,29 72,61 37,98 36,33 36,38 36,69 Men 93,8 93,58 94,07 94,71 73,73 72,5 72,27 72,27 38,59 36,95 37,28 37,56 Women 94,6 94,96 95,02 95,55 73,51 72,64 74,42 72,99 37,33 35,63 35,37 35,73 Urban + Rural 95,3 95,51 95,61 96,1 79,04 78,67 79,35 79,21 51,14 49,13 49,18 49,76 Men 95 94,96 95,23 95,75 79,34 78,76 78,89 78,94 51,46 49,32 50,2 50,7 Women 95,7 96,09 96,03 96,49 78,73 78,58 79,84 79,5 50,8 48,92 48,11 48,77

Source: BPS, People’s Welfare Statistics 1999-2002 * APS : Angka Partisipasi Sekolah

The number of school dropouts has been declining over the last four years at almost all levels of education. Although the percentage of girls discontinuing their studies is less than that for boys, their dropout rate nevertheless increases when they reach higher education.

Table VII.2. Dropout Rate for male and female children

Education Level 1999 2002 W M W+M W M W+M (1) (2) (3) (4) (5) (6) (7)

Elementary School 4,08 1,86 2,93 2,25 3,04 2,66 Junior High School 2,13 5,04 3,64 3,04 3,94 3,5 Senior High School 4,63 2,72 3,64 1,68 3,66 2,7 University 2,76 4,91 3,46 6,65 5,85 6,19

Source: Department of National

67 Education

The table below shows that for children aged 10-18, girls are three times more likely to be illiterate than boys. This is due to the fact that many parents subscribe to the traditional view that boys rather than girls should go on to higher education. In order to improve equal access to education for girls, the government has been continuing its illiteracy elimination programme through the promotion of the existing Package A and B (Paket A dan Paket B) Learning Group programmes.

Table VII.3. Percentage of Illiterate Children Aged 10-18 Depending on Region, Age and Sex Year 2001

Region and Age Group Men Women Men + Women 1 2 3 4 Urban 10-12 1,04 0,56 0,81 13-15 0,49 0,56 0,52 16-18 0,80 0,70 0,75 Rural 10-12 2,69 2,10 2,40 13-15 1,94 1,77 1,86 16-18 2,06 2,22 2,12 Urban + Rural 10-12 2,04 1,50 1,78 13-15 1,37 1,26 1,31 16-18 1,49 1,44 1,47 Source: BPS, Susenas 2001 Remarks: Year 2001 without figures for the Special Region of Aceh

The government has been developing a child education programme (for 0–6 year olds) to run simultaneously with existing child care and development care provided by Child Day Care Facilities, Play Groups, Kindergartens, and Raudhathul Athfal (RA) in a bid to meet the educational needs of young children and to overcome the high rates of year repetitions in grades 1 and 2 of elementary school. The government has also been encouraging early childcare and development through community-based activities such as the Integrated Health Post (Posyandu) and Bina Keluarga Balita (BKB). 2001 data from the Badan Koordinasi Keluarga Berencana Nasional/BKKBN (National Family Planning Coordinating Board) show that the number of young children benefiting from help was 2,526,204 out of 244,567 BKB groups, assuming that one child in every family received the BKB/Posyandu service.

68 Table VII.4

Under-Fives Benefiting from the Children Family Building Group (BKB)

PROVINCE BKB OF 2001 BKB OF 2002 BKB OF 2003

DKI 316 198 230 Central Java 38.355 27.280 27.377 DI Yogyakarta 7.788 2.509 2.522 East Java 40.664 11.525 19.296 Bali 3.404 1.810 1.782 Nangroe Aceh Darussalam 4.046 3.270 2.676 North Sumatera 11.991 6.452 3.392 West Sumatera 2.572 1.266 1.580 Lampung 2.606 2.147 1.667 West Nusa Tenggara 1.144 774 704 West Kalimantan 3.170 2.002 1.921 South Kalimantan 2.717 1.848 1.814 North Sulawesi 1.045 627 638 Bangka Belitung 371 302 206 Gorontalo 364 215 208 Bengkulu 2.255 1241 1.206 West Nusa Tenggara 2.977 817 839 Central Kalimantan 897 674 578 East Kalimantan 674 325 320 Central Sulawesi 1.894 670 1.436 South-east Sulawesi 1.377 984 844 Maluku 1.290 673 673 Papua 341 444 569

Although there is insufficient data available for the comparison of boys and girls benefiting from early age child education, figures for Kindergarten and “RA” education services show that the number of girls attending schools is greater than for boys. It may be concluded, therefore, that there is no gender bias in terms of providing education for young children (see table 4). Having said this, urban areas are better provided in such services than rural areas.

69 Table VII.5. Proportion of Boys and Girls Attending Kindergartens and RAs ______Sex Urban Rural Urban & Rural Boys 14.1% 11.2% 11.7% Girls 14.6% 11.9% 13.0%

B + G 14.4% 11.0% 12.4%

Source: Statistics for Education/Susenas 2000

At the regional level, the proportion of children obtaining these educational services is varied, with the Special Region of Yogyakarta (55%) benefiting most and the East Nusa Tenggara (12%) benefiting least, in comparison to a national average of 28%. These figures would be lower, were the elementary school not considered a form of early education service. Moreover, for children who have gained access to these services, their availability in general is not guaranteed.

In Indonesia, every child is supposed to have continuous education both at home and at school from the moment they are born. However, due to the fact that the majority of families have little knowledge on how to educate their children at home, it is considered necessary to empower parents through the BKB or other similar programmes. Nevertheless, a number of alternative education programmes are available within the community, such as Islamic play groups, play groups, kindergartens, RAs or other education services.

Elementary schools which cater for 2.6 million children (10%) contribute most, despite the fact that they are not designed for early age child education. Additional contributions are made by the BKB with 2.5 million children (9.6%); kindergartens with 1.7 million (6.7%) and the RAs with 0.4 million (1.4%). Meanwhile, contributions from Islamic play groups and play groups amount to only 0.1% and 0.06% respectively. Consequently, the remaining 18.8 million children aged 0–6 (approximately 72%) do not have access to any kind of education.

Data for 2001 reveals that out of 26,172,763 children aged 0–6, only 7,347,240 (approximately 28%) have benefited from a PADU (early childhood education) service through a number of new programmes. In conclusion, 18,825,523 children remain without access to a PADU service.

Meanwhile, approximately 10.2 million children (83.8%) aged 4–6 have not benefited from pre-school education programmes. Currently, 244,567 BKBs and Posyandus can integrate the PADU programme in their activities and pilot projects have been set up in four provinces, namely West Java, Banten, South Sulawesi and Bali where PADU center buildings have been built. Should all the afore-mentioned BKBs and Posyandus be functioning optimally and providing education for children of early age, it

70 should be possible to reach the target of 12 million children (about 45%) or, on average, 50 children aged 0–6 for each BKB/Posyandu.

Table VII.6.

Number of Children aged 0-6 Benefiting from Education Services (2001)

Total number of children benefiting from education services through % No Province Children Total Served aged 0-6 SD BKB TK RA KB TPA 1 West Java & 5,648,080 498,777 629,333 159,682 15,798 480 1,704 1,305,774 23 Banten 2 East Java 3,900,814 338,815 602,600 560,668 123,891 19,453 2,584 1,648,011 42 3 Central Java 3,634,847 420,648 408,183 299,539 125,070 2,058 336 1,255,834 35 4 North Sumatera 1,683,083 171,163 212,401 35,511 10,814 400 3,816 434,105 26 5 Aceh 566,553 45,798 163,905 20,301 4,500 251 1,219 235,974 42 6 Yogyakarta 273,825 33,744 47,484 62,722 7,051 264 324 151,589 55 7 South Sulawesi 1,064,517 91,562 28,633 52,011 12,359 2800 156 187,521 18 8 West Sumatra 618,885 57,322 22,539 43,679 8,174 336 132 132,182 21 9 Jakarta 929,633 121,131 47,690 95,495 14,744 2,424 228 281,712 30 10 Lampung 916,436 105,516 22,859 44,419 1,874 560 140 175,341 19 11 East Kalimantan 351,630 44,056 38,621 25,137 2,083 140 120 110,157 31 12 North Sulawesi & 347,750 46,554 30,750 31,536 954 400 120 110,314 32 Gorontalo 13 Bali 369,157 42,903 25,937 41,958 1,750 160 720 113,428 31 14 Riau 669,552 78,886 21,495 42,664 4,460 1,040 720 149,265 22 15 Jambi 322,608 35,881 26,278 14,167 2,775 130 59 79,290 25 16 Bengkulu 201,598 25,411 35,306 8,383 1,880 144 65 71,189 35 17 South Kalimantan 388,438 45,047 11,197 42,971 12,640 1,160 100 113,115 29 18 Central Sulawesi 320,756 32,965 15,020 21,103 3,683 450 120 73,341 23 19 South Sumatera 982,503 120,718 32,351 31,536 11,937 1,672 1,091 199,305 20 & Babel 20 Irian Jaya 360,416 37,472 6,239 17,134 3,065 144 540 64,594 18 (Papua) 21 South-east 278,367 34,112 29,624 13,062 1,893 750 120 79,561 29 Sulawesi 22 Central 235,447 25,067 3,946 13,846 2,861 260 120 46,100 20 Kalimantan 23 West Kalimantan 527,733 64,095 22,941 14,353 1,823 313 444 103,969 20 24 East Nusa 660,615 40,568 15,277 22,704 1,485 320 120 80,474 12 Tengara 25 West Nusa 564,943 45,578 12,271 27,611 *) 260 180 85,900 15 Tenggara 26 Maluku & North 354,577 37,473 13,325 7,530 557 280 30 59,195 17 Maluku Total 26,172,763 2,641,262 2,526,205 1,749,722 378,094 36,649 15,308 7,347,240 28 Source: Elementary Schools (Department of National Education, 00/01), BKB (BKKBN,00/01), TK (Depdiknas, 01/02), RA (Depag, 2000), Dit. PADU 2001), *) data is not available

Taking into account the available resources, there are currently 244,567 BKBs/Posyandus that can integrate education programmes for young children and 148,516 elementary schools that can implement the early child education service (PADU)

71 model. Provided all BKB/Posyandu and elementary schools can work optimally in providing such programmes, it is expected that 13.2 million children (50.5%) will benefit from these services.

Today, the limited number of institutions offering education to young children cannot cater to the number of children aged 0-6 who are entitled to such services. Moreover, such institutions are generally confined to urban areas while most young children in need of education live in rural areas.

The largest proportion of institutions involved in service programmes is the BKBs/Posyandus (244,567 or 80%), followed by kindergartens (44,564 or 14.6%) and RA (11.560 or 3.8%). The TPA with 1,789 (0.6%) and Play Groups with 1,256 (0.3%) are the least involved. The availability of service institutions in each province shows significant discrepancies, with the lowest rate in East Kalimantan (873), and the highest in East Java (75,003). Approximately 60% of the existing service programmes are spread throughout the three most populous provinces namely East Java, West Java and Banten, as well as in Central Java and North Sumatera, that also have large child populations.

From the ratio of service availability and children in need, the lowest service availability rate exists in East Kalimantan with 1:402, while the highest is in Nanggroe Aceh Darussalam with 1:33. In comparison, the national average stands at 1:86. The table also illustrates that education services cater on average to 86 children, with a minimum of 33 to a maximum of 402 children. Moreover, the existing number of institutions providing such services to children of early age remains limited therefore preventing them from benefiting from education services.

Table VII.7.

Total Service Institutions For Children Aged 0-6 in 2001

Total No. Ratio Service Institutions No Province of children Total of Aged 0-6 BKB TK RA KB TPA service 1 West Java & 5,648,080 60,927 4,288 1,221 20 142 66.598 1:85 Banten 2 East Java 3,900,814 58,339 12,151 3,924 546 43 75.003 1:52 3 Central Java 3,634,847 39,517 10,810 3,447 18 21 53.813 1:67 4 North 1,683,083 20,563 433 121 65 66 21.248 1:79 Sumatra 5 Aceh 566,553 15,868 740 221 15 30 16.874 1:33 6 Yogyakarta 273,825 4,597 1,841 854 25 14 7.332 1:37 7 South 1,064,517 2,868 1,274 242 102 269 4.755 1:223 Sulawesi 8 West Sumatra 618,885 2,182 1,175 221 14 11 3.603 1:171 9 Jakarta 929,633 4,617 1,574 375 101 19 6.686 1:139 10 Lampung 916,436 2,213 1,105 135 7 6 3.466 1:264 11 East 351,630 382 417 30 41 3 873 1:402

72 Kalimantan 12 North 347,750 2,977 1,236 20 12 1 4.246 1:82 Sulawesi & Gorontalo 13 Bali 369,157 2,511 752 43 8 3 3.317 1:111 14 Riau 669,552 2,081 836 45 24 967 3.953 1:169 15 Jambi 322,608 2,544 354 61 14 3 2.976 1:109 16 Bengkulu 201,598 3,418 229 33 13 4 3.697 1:54 17 South 388,438 3,739 1,035 245 29 100 5.148 1:75 Kalimantan 18 Central 320,756 1,454 704 * 17 1 2.176 1:147 Sulawesi 19 South 982,503 3,132 645 132 39 14 3.962 1:247 Sumatera & Babel 20 Irian Jaya 360,416 604 317 * 29 26 976 1:369 (Papua) 21 South-east 278,367 2,772 384 23 22 1 3.202 1:87 Sulawesi 22 Central 235,447 1,084 456 54 7 4 1.605 1:147 Kalimantan 23 West 527,733 2,221 350 59 26 37 2.693 1:196 Kalimantan 24 NTT 660,615 1,479 609 37 35 1 2.161 1:306 25 NTB 564,943 1,188 639 * 9 3 1.839 1:307 26 Maluku & 354,577 1,290 230 17 17 * 1.554 1:228 Malut Total 26,172,763 244,567 44,564 11,560 1,256 1,789 303.736 1:86 Source : BKB (BKKBN, 00/01), TK (Depdiknas,01/02), RA (Depag, 2000), Dit. PADU 2001, *) data is not available

Junior high schools, senior high schools, and many vocational schools provide 42 learning hours per week. The subjects taught are divided into two, namely general and vocational or specialization. General subjects cover approximately 10 hours per week for all classes, while specialized subjects take up approximately 32 hours per week with some adjustments depending on the nature of the study programme.

Vocational high schools offer six majors, namely agriculture and forestry, technology and industry, business and management, community welfare, tourism, and arts and crafts. Agriculture and forestry covers 6 programmes, technology and industry 23 programmes, business and management 5 programmes, public welfare 1 programme, tourism 4 programmes, and arts and crafts 2 programmes.

In the field of education for children with disabilities, the smallest number can be found in schools for children with multi-disabilities and the largest in mixed-schools. With regard to the number of students, it is clear that most disabled children can be found in elementary schools (61.96%), while such children are rarely found at the intermediate

73 school level (5.08 %). With 38,800 students occupying a total of 9,977 classes, the ratio of students per class is more than adequate as each class consists of 3-6 students.

Table VII.8.

Total Number of Students, Schools and Classes for Children with Disabilities Depending on their Educational Level and Type of Disability

Description School Class Students in Student/ Kinder- Element- Junior Senior Total Class garten ary High High School School School Blind 52 388 167 859 275 91 1392 4 Deaf 106 906 1131 2907 793 177 5008 6 Retarded 168 1461 1053 4588 1326 875 7842 5 Physical 15 175 127 352 75 57 611 3 Disability Mute 12 70 0 317 18 0 335 5 With more 5 37 26 109 16 8 159 4 than one disability Combination 517 6940 4629 14927 3160 764 23480 3 Total 875 9977 7133 24059 5663 1972 38827 4 18,37 % 61,96 % 14,59 % 5,08 % 100 % Source : Overview of National Education, Department of National Education – Development & Research Institution – Pusdatin Pendidikan, July 2002.

Table VII.9. shows various educational facilities such as classroom quota and teachers for 2000/2001. As can be seen, the number of students per class in elementary school has increased from 25 to 26 students. Moreover, classes tend to be larger in centers for higher education. In junior and senior high schools for instance, while the average class consisted of 40-41 students in 1999/2000, this figure decreased to 39 in 2000/2001, indicating that the facilities provided by junior and senior high schools are not yet sufficient.

Based on data for 2000/2001, elementary school teachers supervise on average 23 students. The data also show that the student to teacher ratio decreases with the age of the students, with teachers supervising fewer students in higher education than that in elementary schools. This situation has not changed in the last 3 years, and junior and senior high school teachers have continued to supervise 17 and 14 students respectively.

74 Table VII.9.

Student to Teacher Ratio and Average Number of Students per Class Depending on Education Level in 1998/1999 and 2000/2001

Education Student to Teacher Ratio Average No. of Students Per Class Level 1998/1999 1999/2000 2000/2001 1998/1999 1999/2000 2000/2001 1 2 3 4 5 6 7 Elementary 22 22 23 25 25 26 School Junior 17 17 17 40 40 39 High School Senior 14 14 14 39 41 39 High School Source: The Information Center for Development and the Research Board of the Department of National Education

The quality of schools has always been determined by the quality of their teachers. The highest certificate required for the teachers of junior high school for children with disabilities should be at least the same as that for senior high school, a fact indicated in Table VII.10.

Table VII.10.

Distribution of Teachers of Elementary Schools, Junior and Senior High Schools and Vocational High School Depending on Sex, Experience, Term of Duty and Education Level in 2000/2001

Component Elementary Junior High Senior High Vocational School School School High School Teachers Teachers Teachers Teachers Sex Male 46,33% 55,10% 57,95% 65,70% Female 53,67% 44,90% 42,05% 34,30% 20 – 29 - 13,78% 16,04% 17,39% 30 – 39 - 50,27% 49,35% 47,07% Age 40 – 49 - 21,72% 25,35% 23,39% (years) 50 – 59 - 12,77% 8,13% 10,36% > 59 - 1,46% 1,26% 1,79% ≤ JUNIOR 0,87% - - - HIGH SCHOOL Highest JUNIOR 50,12% - - - Diploma HIGH SCHOOL

75 PGSLP/D1 2,88% 11,14% 1,06% 3,95% PGSLA/D2 36,77% 21,34% 1,98% 1,76% Sarmud/D3 2,25% 25,29% 24,57% 30,09% Term of S1 7,08% 41,98% 72,12% 63,86% Office Post Graduate 0,03% 0,25% 0,27% 0,34% (Year) < 5 - 22,27% 31,24% 28,52% 5 – 9 - 23,13% 21,77% 23,22% 10 – 14 - 20,71% 22,72% 20,76% 15 – 19 - 12,70% 13,69% 11,86% 20 – 24 - 9,34% 6,89% 8,52% > 24 - 11,86% 3,70% 7,12% Source: Overview of the National Education Implementation, Department of National Education - R&D – Pusdatin Pendidikan Juli 2002

To strengthen the effectiveness of child education, the government encourages community participation through the establishment of school committees and school education councils, which are encouraged to improve access to and quality of school facilities and their infrastructures.

To address the issue of decentralization in the field of education, the government continues to promote school-based management by determining the minimum standard of service in education as a guideline for education services in autonomous districts and towns.

In order to improve the curricula of elementary and higher education schools, the government conducts re-evaluation programmes every four years. In response to modern challenges, the government is introducing curricula based on principles of competence, gender responsiveness and child-care.

The rights of children in the field of education, particularly those of children with disabilities, are upheld by several provisions of Law No. 23 of 2002 on Child Protection, namely: Article 51 states: "children with physical and/or mental disabilities shall be given the same opportunity and access to ordinary and extraordinary educations." Article 52 reads: "Children with above average intelligence shall be given the opportunity to benefit from and to access special education". Article 53, paragraph (1) reads: "The Government has the responsibility to provide expenses for education and/or assistance free of charge and/or special services for children from poor families, neglected children, and for children living in remote areas".

Furthermore, Article 6 of Law No. 4 of 1997 on Children with Disabilities states in: Paragraph (1), that "Every disabled child shall be entitled to education in all units and programmes, for all types and at all levels." Paragraph (6), that "Children, and especially disabled children, should be given the equal right to develop their talent, ability and social life in the family and community environment".

76 In addition, Article 5 of Law No. 20 of 2003 on the National Education System stipulates in: Paragraph (2), that "Citizens with physical, emotional, mental, intellectual and/or social disorders shall be entitled to special education". Paragraph (3), that "Citizens living in remote or underdeveloped areas and in remote traditional communities shall be entitled to special education". Paragraph (4), that "Citizens with special talents and exceptional levels of intelligence shall be entitled to special education".

Measures adopted (July 2000 - October 2003)

Law No 23 of 2002 on Child Protection Law No. 20 of 2003 on a National Education System

Progress made

The Indonesian Government has implemented various policies, programmes and actions to promote children’s right to education, especially at pre-school and elementary levels. In this connection, the government has allocated a budget for pre-school education of around Rp 1.6 billion, notably for social services through TPAs and playgroups (KBs) with emphasis on the following activities: 1. Operational Assistance for 24 TPAs/KBs. 2. Additional Food Assistance for 300 children at TPAs/KBs. 3. Assistance in the form of Educative Playing Tools for 38 TPAs/KBs. 4. Data gathering of TPAs and KBs in 30 Provinces.

The Government of Indonesia pays serious attention to the improvement of the quality of basic education and is currently taking steps to improve the quality of teachers. A higher education qualification is now required for teachers at all levels. For primary education, for example, a teacher must have at least two years of relevant college education and training. Access to textbooks and other learning material is also being prioritized. The Government is committed to improving the quality of teachers, books and school infrastructures, as well as facilitating access to books. Different approaches to schooling are being adopted in a bid to reach a greater number of secondary school-age children, such as the open school (sekolah terbuka), distance education (pendidikan jarak jauh), visiting teachers and other alternative teaching methods.

The Government has also granted various scholarships to children from poor families in order to mitigate the impact of the economic crisis. This aid is channeled, among others, through the Social Safety Net (JPS) programme and the Student Special Assistance (BKM). The Government had allocated Rp. 56,308,560,000 for 234,619 students of open junior high schools throughout Indonesia in the 2003-2004 academic year. This programme is designed to enable the fulfillment of the government’s compulsory 9-year basic education policy. The scholarship programme is aimed at assisting the students to finance their needs and to prevent them from dropping out of school due to economic reasons, as well as to provide them with a bigger opportunity to further their education.

77

Tabel VII.11.

LIST OF SCHOLARSHIP ALLOCATIONS FOR OPEN JUNIOR HIGH SCHOOLS FOR THE 2003-2004 ACADEMIC YEAR

TARGET FUND NO PROVINCE (STUDENT) (Rp. 000) 1 NANGROE ACEH 7.608 1.825.920 DARUSSALAM 2 NORTH SUMATERA 5.224 1.258.560 3 WEST SUMATERA 2.523 605.520 4 RIAU 3.164 759.360 5 JAMBI 5.694 1.366.560 6 SOUTH SUMATERA 7.822 1.877.280 7 BENGKULU 3.541 849.840 8 LAMPUNG 8.875 2.130.000 9 DKI JAKARTA 2.465 591.600 10 WEST JAVA 38.539 9.249.360 11 CENRAL JAVA 27.545 6.610.800 12 D.I. YOGYAKARTA 1.151 276.240 13 EAST JAVA 25.482 6.115.680 14 BALI 1.967 472.080 15 WEST NUSA TENGGARA 9.253 2.220.720 16 EAST NUSA TENGGARA 5.641 1.353.840 17 WEST KALIMANTAN 3.862 926.880 18 CENTRAL KALIMANTAN 2.463 591.120 19 SOUTH KALIMANTAN 3.903 936.720 20 EAST KALIMANTAN 3.720 892.800 21 NORTH SULAWESI 4.065 975.600 22 CENTRAL SULAWESI 6.977 1.674.480 23 SOUTH SULAWESI 22.138 5.313.120 24 SOUTH-EAST SULAWESI 5.586 1.340.640 25 MALUKU 2.819 676.560 26 NORTH MALUKU 2.891 693.840 27 IRIAN JAYA 4.065 975.600 28 BANTEN 11.872 2.849.280 29 BANGKA BELITUNG 1.095 262.800 30 GORONTALO 2.649 635.760

To fulfill the rights of children who opt to discontinue their education (to the junior high school level), the government has initiated the competence-based life-skill education

78 programme and scholarship for intermediate and advanced education through open schools at the junior high school level.

To change parents' perception regarding the equal rights and opportunities to education for girls, the government is taking various steps to improve gender consciousness of the community and gender mainstreaming in all sectors. In order to address the high rate of marriages involving young girls, the government has launched a national campaign focusing on the postponement of early marriage and providing reproduction health counseling for teenagers involving all stakeholders.

Open junior high schools serve children who have difficulties in continuing to higher education. The programme, which was designed for children aged 13-18 who graduated from elementary school/Islamic elementary school, aims to help children facing problems in school tuition, transportation, geographical condition and time constraints which discourage them from attending regular junior high school classes.

Factors and difficulties

The low participation rate of children aged 0-6 year and their inability to obtain education services, as well as the low quality of such services are related, among others, to the following factors:

1. Insufficient community campaigning on the importance of treatment of and education for young children.

2. A lack of integrated service programmes that can provide full services for children of early-age covering aspects of education, health, treatment and nutrition.

3. A limited number of educational institutions for children of early-age. In general, such institutions are located in urban areas, while almost 60% of the service target is located in rural area.

4. Limited awareness of parents and the community in general regarding the importance of providing education for young children.

5. Low social economic level of parents and communities, especially since the prolonged economic crisis, that resulted in a reduced ability of parents and State to finance children’s education and treatment.

6. The limited ability of the government to support the equal distribution of education and treatment for early-age children.

7. Less intensive partnership/cooperation between the Government and various institutions, agencies and related organizations in developing education and treatment for children of early-age.

79 8. Inefficient operation by some playgroups (KB) and day care centers and the working methods of a number of social organizations providing such facilities in urban areas which are increasingly profit orientated.

9. Social services using day care centers and playgroups in rural areas continue to depend largely on government subsidies for operational expenses, food assistance and educative play tools.

While the number of elementary schools/Islamic elementary schools is sufficient enough to accommodate children aged 7-12, a number of children are still not attending elementary schools due to the following factors:

• They live far from the nearest schools; • Their parents have economic difficulties; • Formal education is not considered important; • They have to work to help their parents; or • They live in conflict areas.

High rates of school dropouts and year repetitions are caused by a lack of stimulation early on, resulting in a lack of preparation for schooling for many children, as indicated by the higher dropout rates for grades 2 and 3 of elementary school.

The immediate impact of the high rate of out-of-school children has caused an increased number of working children and street children, with the former often working under less than secure conditions. If the present trend continues, the nation will face an alarming situation in the future particularly with regard to human resources competition at the regional and international level.

Priorities for the next 5 years

The priorities for the next five years will focus on the improvement of the quality of administrators of day care centers and playgroups through the following activities:

• Providing qualified social workers, teachers and medical workers who understand child development; • Providing childcare training in day care centers and playgroups; • Formulating policies, standards and guidelines for childcare; • Providing facilities and infrastructures for day care centers and playgroups; • Drafting Government Regulations on Early-Age Child Education.

At present and as mentioned above, there are 244.567 BKBs/Posyandus that can integrate the early child education programme. Should these institutions be successful in delivering their early-age child education services, 12 million children (45%) or 50 children aged 0-6 in average for each BKB/Posyandu, would enjoy these services.

In early-age child education, the government prioritizes:

80

1. Improving the knowledge, ability, skill and attitude of parents in order to benefit the development of children; 2. Developing the PADU service through pilot projects in districts/cities; 3. Integrating promotional and counseling services to improve children’s development; 4. Strengthening cooperation with public figures, NGOs, stakeholders, and professional organizations in order to improve child development; 5. Developing various service programmes, taking into account the ability, conditions and needs of parents, families and communities; 6. Increasing the awareness of and encouraging greater support from public figures, executive officers/parliament members to the values of child development through early-age education programmes; 7. Formulating policies or regulations to ensure the protection of the rights of the child to meet their health and educational needs.

The above-mentioned activities are aimed at achieving nine years of basic quality education, which encompass six years of primary school (7-12 year-olds) and three years of junior secondary school (13-15 year-olds) for all children.

In order to provide education for all children, two underlying issues must be addressed. The first involves promoting access to qualified education by providing affordable quality education to all children, and ensuring the availability of schools where children live. The second issue lies with improving the quality of education by providing quality learning and teaching facilities, maintaining and improving the quality of teachers, ensuring access to books and other learning materials, and developing sustained monitoring systems.

Indonesia has achieved a 95% enrolment rate for children aged 7-12 in primary schools, with 78% of children continuing the 9-year basic education programme. Despite these encouraging figures, efforts to achieve universal primary education were not realized by the year 2000, due largely to the impact of the financial and political crises in Indonesia that have stalled the progress. Measures have however been adopted to reverse the trend by strengthening the Social Safety Net programme, which will hopefully contribute to the ability of children from poor families to go to school.

In order to implement the government’s 9-year compulsory education policy, it is necessary to complete the phased target by 2008. The targets for 2004-2008 are indicated in tables 12 and 13.

1. Elementary School/Islamic Elementary School

All children aged 7-12 are expected to study in elementary school/Islamic elementary school or the like and by 2008, 99% of them should have achieved this target.

81 The rate of year repetitions can be reduced to maximum of 1%, and the school-drop-out rate can equally be reduced to 1%. In order to achieve the 9- year compulsory education programme, the Learning Group of Package A is designed to accommodate 256,000 students, while 1,180,590 students will be accommodated by Madrasah Diniyah Ula, all of whom cannot be absorbed into the elementary schools/Islamic elementary schools.

The expected rate for the continuation of education from elementary school/Islamic elementary school to junior high school/Islamic junior high school is 99%, which means that only 1% of elementary school/Islamic elementary school leavers are unable to enroll in junior high school/Islamic junior high school institutions.

The achievement of high quality 9-year compulsory education is dependent on the ideal ratio of students to teachers, as well as on the maximum number of students in one class. In this regard, by 2008, the student to teacher ratio should be 18, while the number students per class should be 24. It is also expected that by the same year, it will be no longer necessary to double the shifts of school services. Moreover, the number of minor damaged schools building would be reduced to 7,19%, while the number of major-damaged ones would be reduced to 4,82 %.

Although the quality of education is directly dependent on the quality of teachers, currently only 50% of teachers have an educational background below the D2 level. It is expected that by 2008, 80% of teachers of regular elementary schools/Islamic elementary schools will have a minimal educational level of D2.

82

Table VII.12.

Targets for the 9-year Compulsory Education (2004-2008) of Elementary Schools/Islamic Elementary Schools

No Indicator 2004 2005 2006 2007 2008 1 Gross Participation Rate (APK) of 107.27 107.90 108.54 109.18 109.81 Elementary Schools/Islamic Elementary Schools 2 Rate of Repeating the same class of 925.386 771.715 616.167 458.741 299.438 Elementary School/Islamic Elementary School Percentage of Repeating the same 3.16% 2.62% 2.08% 1.54% 1.00% class Dropout Rate of Elementary 493.085 445.566 397.452 348.742 299.438 Schools/Islamic Elementary Schools 3 Percentage of Dropout Rate 1.69% 1.51% 1.34% 1.17% 1.00% Graduate Rate of Elementary 4.010.542 4.118.089 4.226.624 4.336.148 4.446.659 School/Islamic Elementary School 4 Percentage of Graduation Rate 91.41% 93.31% 95.20% 97.10% 99.00% Rate of Continuing from Elementary 3.317.700 3.574.228 3.840.406 4.116.354 4.402.192 School/Islamic Elementary School to Regular/Islamic Junior High School 5 Percentage of Continuing the 82.72% 86.79% 90.86% 94.93% 99.00% Education Rate 6 Total Learning People Package A 152.871 178.653 204.435 230.218 256.000 7 Student: Teacher ratio of Elementary 20.29 19.71 19.14 18.57 18.00 Schools/Islamic Elementary Schools Student: Learning Group ratio of 8 Elementary School/Islamic Elementary 25.14 24.86 24.57 24.29 24.00 School Learning group:Classroom ratio of 9 Elementary School/Islamic Elementary 1.05 1.04 1.04 1.01 1.00 School Percentage of feasibility of teachers of 10 Elementary School/Islamic Elementary 62.56% 66.92% 66.92% 75.64% 80.00% School Percentage of Damaged-Building at 11 Elementary School/Islamic Elementary 39.47% 32.60% 32.60% 18.87% 12.01% School Percentage of Minor-damaged-building 12 at Elementary Schools/Islamic 23.62% 19.51% 19.51% 11.29% 7.19% Elementary Schools Percentage of 13 Major-damaged-building at Elementary 15.85% 13.09% 13.09% 7.58% 4.82% Schools/Islamic Elementary Schools Library:School ratio 14 10.00% 20.00% 20.00% 40.00% 50.00% Source: Directorate General of Elementary and Secondary Education Department of National Education

2. Junior High Schools/Islamic Junior High Schools (MTs)

83 By 2008, the Gross Participation Rate (Angka Partisipasi Kasar/APK) is expected to reach 96.91%, and the repetition and dropout rates would both be 1%. The junior high schools/Islamic junior high schools graduation rate is expected to be 97%. Meanwhile the Learning Group of Package B and Madrasah Diniyah Wustha are expected to accommodate 221,948 and 939,470 children respectively.

It would be possible to maintain the present teacher to student ratio of 1:16 until the year of 2008 with emphasis placed on the equal distribution of teachers nationally aimed at improving the quality of education. In 2008, the number of pupils in each study group is expected to be 35, while there would be a classroom per study group, thus preventing the practice of double shifts in classrooms. Meanwhile, the number of damaged school buildings would be reduced to 1 %. It is expected that all SMPs/MTs will have laboratories and libraries by 2008, which will improve the laboratory to school ratio to 1,00 and library to school ratio to 1,00.

Table VII.13.

Targets of the Compulsory 9-Year Learning policy (2004-2008) for Junior High Schools/Islamic Junior High Schools (SMP/MTs)

No Indicator 2004 2005 2006 2007 2008 1 Total Number of Students 11.679.517 12.066.135 12.340.041 12.541.894 12.691.032 2 Total Population aged 13-15 12.597.333 12.597.333 12.597.333 12.597.333 12.597.333 3 APK SMP/ MTs 87.00% 91.35% 95.95% 95.95% 96.91% 4 Rate of Repeating the same class at 31.154 32.703 34.552 34.552 35.117 SMP/MTs 5 Percentage of Repeating the same class 0.28% 0.28% 0.28% 0.28% 0.28% 6 Dropout rate of SMP/MTs 254.280 227.188 196.030 162.328 158.638 7 Percentage of Dropouts 2.18% 1.88% 1.59% 1.29% 1.00% 8 Graduation Rate of SMP/Mts 93.00% 94.00% 95.00% 96.00% 97% 9 Total People Learning Package B 209.550 214.700 218.133 220.422 221.948 10 Total Student of Madrasah Din. Wustha 5.000 5.000 5.000 5.000 5.000 11 Ratio of Student : teacher of SMP/MTs 14.31 14.31 14.31 14.31 14.31 12 Ratio of student : learning group of 37.29 36.71 36.14 35.57 35.00 SMP/MTs 13 Ratio of Learning Group : Classroom of 1.03% 1.02% 1.01% 1.01% 1.00% SMP/MTs 14 Ratio of Laboratory : SMP/MTs 81.89% 86.42% 90.95% 95.47% 100% 15 Ratio of Library : SMP/MTs 84.57% 88.43% 92.29% 96.14% 100% 16 Percentage of feasibility of teachers of 72.19% 74.14% 76.09% 78.05% 80.00% SMP/MTs 17 Percentage of Minor-Damaged Rooms at 2.34% 2.00% 1.67% 1.33% 1.00% SMP/MTs 18 Percentage of Major-Damaged Rooms at 5.55% 4.42% 3.28% 2.14% 1.00% SPM/Mts Source: Directorate General of Elementary and Secondary Education Department of National Education

84

B. Aim of education (art. 29)

Situation

The "A World Fit for Children" Declaration reiterates that "Education is a human right and a key factor to reducing the prevalence of poverty and child labour and to promote democracy, peace, tolerance and development". This statement is in line with the spirit of Article 28c (2) of the Constitution that stipulates that "every child shall be entitled to self-development through the fulfillment of his/her basic needs, education and to benefit from science and technology, art and culture aimed at promoting his/her quality life and for human welfare". This commitment is strengthened by Article 9 para 1 of Law No. 23 of 2002 on Child Protection that states that "every child shall be entitled to education and learning in order to develop his/her personality and intelligence in accordance with his/her interest and talent".

Measures adopted (July 2000 - October 2003)

• Law No. 23 of 2002 on Child Protection • Law No. 20 of 2003 on National Education System

Progress made

The rate of child participation in schools in Indonesia is adequate. Based on the APK (112.86%) in elementary schools and APM (45.1%) in junior high schools, the rate of participation of children aged 7–15 for the period of 2000/2001 is 78.9%, which is less than 1% from the target set at the World Summit for Children in 2000. Indonesia’s achievement in the participation of children is even better, based on the APM of 94.48% with regard to the 6-years basic education programme. Therefore, the long-term purpose in implementing the basic education programme in Indonesia is the fulfillment of the universal education target for all Indonesian children to achieve the qualified 9-years basic education.

Factors and difficulties

The main problem in developing education services at junior high schools and higher education is the existing low rate of students pursuing higher education from elementary to junior high schools, due to the following reasons:

• Education expenses. The amended Constitution clearly states that basic education expenses shall be borne by the state. Research by the Department of National Education reveals that parents do not object to the monthly contribution (BP3) collected by schools. It must be understood that the education expenses borne by parents will be spent on purchasing books, uniforms and shoes, and transportation expenses, however these three components are an added burden to

85 parents. The expense of purchasing new books always creates certain problems because new students cannot use old books.

• Distance and accessibility. While most elementary schools are located near children’s homes, this is not the case for junior high schools that are usually located further a field resulting in additional transportation costs.

Priorities for the next 5 years

• Promoting early-age education from 27.5% in 2001/2002 to at least 50% in 2010 and to 75% by 2015; • Promoting child participation in elementary schools to 100% by 2010; • Promoting internal efficiency in elementary schools from 71% in 1999/2000 to 90% by 2015; • Promoting the proportion of teachers qualified for elementary schools from 33% in 1999/2000 to 75% and for junior high schools from 50% in the same year to 75% by 2015; • Increasing the rate of students pursuing higher education from elementary schools to junior high schools to 90% by 2015.

C. Leisure, recreation and cultural activities (art.31)

Situation

The state recognizes the right of the child to rest and to engage in leisure activities, to play and to participate in recreational activities in accordance with his/her age and to freely participate in art and other cultural activities. For this reason, the state encourages equal treatment and opportunities for children based on their cultural, artistic, recreational and leisure activities.

Social and cultural activities consist of activities such as listening to the radio, watching television and reading newspapers/magazines, all of which are designed to have a positive impact and broaden a child’s knowledge and views. Moreover, watching television is the activity most enjoyed by children in 2000, involving 87.97% children, at the age of 10-21. The other favourite activity is listening to the radio, involving 43.72% of children at the age of 10-21. The entertainment programmes on television and radio are the main attraction for children.

There is no significant difference between boys and girls who spend equal time watching television and listening to the radio, although these activities are enjoyed more by children living in urban areas than by those living in rural areas. This reflects the greater ownership of radios and televisions among urban households than rural ones.

86 Although one of the favourite recreational activities of children aged 10-12 is visiting tourist sites, only 10.20% of them managed to engage in such activities in 2000.

Measures adopted (July 2000 - October 2003)

• Law No. 23 of 2002 on Child Protection. • Law No. 20 of 2003 on a National Education System.

Progress made

The promotion of the utilization of a child’s spare time for recreational and cultural activities is guaranteed by law, in particular by Article 11 of the Law on Child Protection, which stipulates that parents, families, the government and state shall ensure the enjoyment of this right. Such policies issued by the government to implement these rights consist, among others, of rules ensuring that housing developers must build public facilities, recreational and sports areas and parks for children. To meet the need of the people for longer holidays, in the last two years the government has adopted a policy regulating national holiday by integrating it into public leave. This policy is aimed to give families ample opportunities to interact, indulge in recreational activities and to best utilize their spare time.

Factors and difficulties

• The rapid development of properties and housing and their related facilities, has reduced the space available for children to play in, particularly in big cities in Indonesia. The same situation has also reduced the opportunity of low-income families to have access to recreational places; • Children of Elementary, Junior and Senior High Schools spend so much time for school activities that they have little time to take a rest and to play; • The relatively poor public transportation for students has caused difficulties for children in arriving or leaving from schools on time.

Priority for the Next 5 Years

• Promoting the availability of supporting facilities for child activities in culture, arts, recreation and leisure; • Helping families to give children more time for recreational and leisure activities by regulating public holidays; • Developing artistic and cultural events involving children; • Encouraging schools and related public or private institutions to organize children’s activities, in particular events to commemorate national days; • Promoting recreational activities for children in order to raise their awareness of environmental matters, nature preservation and cultural diversity through excursions.

87

CLUSTER VIII

SPECIAL PROTECTION MEASURES

(Arts. 22; 38; 39; 40; 37 (b)-(d); 32-36)

Children in situations of emergency

Article 59 of Law No. 23 of 2002 on Child Protection states that special protection is provided to:

• Children in emergency situations (displaced children, victims of riots, victims of natural disasters, and children in armed conflict situation), • Children facing the law, • Children from minority and isolated group, • Children who are economically and/or sexually exploited, • Children who are victim of trafficking, • Children who are victims of misuse of narcotics, alcoholic, psychotropic and other addictive substances (NAPZA), • Children who are victims of kidnapping, • Children who are victims of violence, physically and/or mentally, • Children who are victims of abuse, • Children who are neglected, • Children who are disabled.

Bureau of Central Statistic recorded the number of children who needed special attention in 2002 was 22,327,628 children, as follows:

- Neglected children (under five years old) : 1,178,824 children - Neglected children : 3,488,309 children - Street children : 90,210 children - Delinquent children : 193,155 children - Disabled children : 367,520 children - Children in need of special protection : 6,686,936 children

88 Table VIII.1. DATA OF CHILDREN BEARING SOCIAL WELFARE PROBLEMS

TYPE OF CHILDREN BEARING SOCIAL WELFARE PROBLEMS NO PROVINCE Neglected TOTAL Neglected Delinquent Street Disabled children children children children children under 5 years 1 Nangroe Aceh Darrusalam 26.103 61.743 726 514 2.503 91.589 2 North Sumatera 60.141 330.477 18.682 5.025 11.130 425.455 3 West Sumatera 35.600 56.700 2.786 5.640 10.294 111.020 4 Riau 11.435 54.773 5.288 1.171 8.421 61.088 5 Jambi 14.499 21.298 5.960 105 4.253 46.115 6 South Sumatera 33.958 66.326 15.509 3.846 4.774 124.413 7 Bengkulu 8.841 10.800 3.053 86 3.261 26.041 8 Lampung 41.520 125.515 14.372 7.713 18.209 207.329 9 Bangka Belitung 1.428 5.240 818 1.282 2.046 10.814 10 DKI Jakarta 23.576 20.239 4.369 8.158 7.453 63.795 11 West Java 195.121 362.443 16.274 6.267 55.678 655.783 12 Central Java 192.737 311.990 25.211 10.740 56.355 597.033 13 D.I. Yogyakarta 18.749 22.993 910 1.074 3.824 47.544 14 East Java 188.049 522.466 12.914 6.975 63.545 793.949 15 Banten 13.763 136.991 3851 1.093 18.559 174.257 16 Bali 17.564 18.815 946 318 9.580 47.223 17 West Nusa Tenggara 46.092 321.071 11.959 5.631 9.491 394.244 18 East Nusa Tenggara 57.998 204.680 2.753 136 10.425 275.992 19 West Kalimantan 25.462 43.573 1.964 1.066 7.558 79.623 20 Central Kalimantan 8.369 27.313 1.915 205 1.576 39.376 21 South Kalimantan 21.690 37.411 491 2.125 7.219 68.936 22 East Kalimantan 13.202 37.976 2.489 533 3.962 58.162 23 North Sulawesi 15.432 17.435 2.591 183 4.823 40.464 24 Central Sulawesi 17.328 55.888 3.608 130 5.772 82.726 25 South Sulawesi 36.653 224.740 5.274 7.300 23.226 297.193 26 Southeast Sulawesi 10.491 160.546 1.874 8.902 2.137 183.950 27 Gorontalo 533 11.148 1.131 54 1.206 14.072 28 North Maluku 153 23.540 7.193 2.467 1.449 34.802 29 Maluku 16.763 73.074 13.488 1.038 4.830 109.193 30 Papua 25.580 101.105 4.756 433 3.941 135.815 Total 1.178.824 3.488.309 193.155 90.210 367.520 5.318.018 Source: The Directorate of Social Service Guidance for Children in 2002

1. Refugee children (art. 22) (separated children)

Situation

The background of internally displaced persons in Indonesia related mostly to conflict situation in certain regions such as riots in East Timor in 1999, conflicts in Maluku, West Kalimantan, and Poso as well as recent conflicts in Aceh.

89

According to the data of the National Coordination Board for Tackling of Disasters and Handling Refugees (BAKORNAS PBP), 40% of the total internally displaced persons were children. Until March 1 2001 the total internally displaced persons was 1,081,341 or 240,840 families which spread in 20 provinces. The Department of Social Affairs recorded 30,814 displaced persons in Aceh as per 23 July 2003, and 30% of them were children. The Department of Social Affairs was mainly in charge of meeting the needs of those displaced in conflict areas in cooperation with other parties.

The Indonesian Government was still confronted with separated children problem as residual issues relating the riots in East Timor and the separation of East Timor from Indonesia in 1999 as a new independent state. The Government addressed the problem as part of the overall solution to the problem of internally displaced persons from East Timor. The Government had shown strong commitment to solve this problem, especially through family reunification, while taking fully into account the principle of the best interest of the child.

The Indonesian Government in cooperation with UNHCR and the Government of Timor Leste have prioritized the solution of cases of separated children where request for reunification from their parents residing in Timor Leste were already filed. The Government approached the problem to reach durable solution on case by case basis and by taking into account of the best interest of the children. In some cases, repatriation of the children would serve their best interest, but in some others, continuation of the children’s study in Indonesia would be best to their interest. In cases of the latter, establishing communication between those children and their parents instead of efforts of solely repatriation was considered to be the best solution. to the problem.

Measures adopted (July 2000 – October 2003)

• Adoption of Law No. 23 of 2002 on Child Protection. • Issuance of Letter of Coordinating Minister of Public Welfare No. B.119/BPB/II/03 dated February 26, 2003 addressed to Minister of Foreign Affairs, Minister for Social Affairs, Minister of Internal Affairs, Chief of National Police and UNHCR.

Progress made

In the year of 2001-2003, various fruitful efforts were made to address the situation of children in Indonesia separated from their parents who lived in East Timor. Coordinated efforts were made among relevant agencies of the Indonesian Government, as well as in cooperation with UNHCR. By the year of 2002, cooperation began to involve the Government of the Timor Leste. Internally, the Government of Indonesia developed a mechanism for handling the separated children problem under the coordination of the National Coordination Board in charge of handling Disasters and displaced persons (BAKORNAS PBP), membership of which comprised representatives

90 from the Department of Foreign Affairs, Department of Social Affairs, Ministry of the State Minister of Women Empowerment, Department of Home Affairs, Department of Health, Indonesian National Army and Indonesian Police. This mechanism, in cooperation with UNHCR, had focused on the handling of cases in 5 (five) provinces where the majority of the separated children were residing. As its follow up, a series of coordinative meetings were conducted with the Governors as Heads of local task force and Chiefs of the Regional Police in five provinces, namely East Nusa Tenggara, West Java, Central Java, Yogyakarta, and South Sulawesi.

UNHCR Jakarta registered 4,527 cases of East Timorese separated children up to July 2003 where 3,836 cases had been properly settled through the process of reunification (2,284 cases), local integration (863 cases) and 689 cases were closed; 691 cases were currently being handled, 111 cases of which were in Timor Leste and the other 524 in Indonesia. From the total cases in Indonesia, 277 of which were in West Timor. The data shows that the number of separated children had declined due to the coordinated efforts by the parties concerned. .

The Government of Indonesia c.q. Coordinating Minister of Public Welfare, had sent letters to 12 Heads of Region to assist/facilitate/support all reunification efforts of East Timor children who were separated from their parents.

Since the establishment of a mechanism to handle this problem and the letters from the Coordinating Minister of People’s Welfare to several Heads of Region, the office of the Governor as the head of local task force and Chief of Regional Police in South Sulawesi and Yogyakarta had facilitated the reunification mission undertaken by UNHCR. UNHCR had benefited from this mechanism.

In relation to the bilateral relationship between the Republic of Indonesia and Timor Leste, the Government of the two countries had shown a strong commitment to the solution of this issue, among others by including this issue in the agenda of Joint Commission meetings which was held in Jakarta in 2002 and in Dili in 2003.

Factors and difficulties

In the last several years, the Indonesian Government’s efforts to address this issue were often misunderstood and misrepresented by certain parties both at home and in international fora. These practices were merely a politization of the issue built up upon misleading information which were aimed at discrediting the Government of Indonesia and UNHCR. Media coverage was often biased and created less conducive environment for parties involved to make progress. For example, the last reunification mission conducted by UNHCR in South Sulawesi not the biased coverage from mass media to the effect that UNHCR had forced East Timor children to return to Timor Leste which was completely against the best interest of the children since Timor Leste was currently facing social and economic hardship.

91 Priorities for the next 5 years

The total pending cases would probably be closed since those children would have grown up and become adults or the parents would agree that the nursing of those children continue to be borne by caretakers in Indonesia. However, the Indonesian Government would continue to address the issue in cooperation with UNHCR within the existing framework of cooperation and with the Government of Timor Leste in the framework of bilateral cooperation, while taking fully into account the best interest of the children. In the future, the Department of Social Affairs will play more important role in this case and will set up Trauma Centers and Psycho-social counselling centers in Kupang.

Children involved with the system of administration of juvenile justice

Situation

The data recorded by police indicated that there were 4,724 children under 16 who were in conflict with the law in 1995. The majority (60%) of the cases were minor criminal offenses such as theft and violence (13%). Each year, it is estimated that 4,000 children are brought to the court and 75% of them are then imprisoned.

Data of the Bureau of Central Statistic (1997) indicated that in 1996/1997, there were 4,079 children under 16, and 3,242 aged between 16 and 18 in prison which 98% were boys. The highest numbers of children below 18 years old in prison are Jakarta (3,184), West Java (2,069), East Java (1,862), South Sulawesi (1,485) and South Sumatera (1,017).

The highest number of criminal offences involving children aged 16 and below were mostly found in South Sumatera (the highest), North Sumatera followed by some other provinces in Java. Meanwhile, in Jakarta a large number of children were imprisoned for their involvement in student brawls, which occurred frequently there.

Article 14 of Law No. 12 of 1995 on correctional institution states that children prisoners have the right to perform their religious duties; get treatment, either physical and mental; get education and teaching; get health service and proper food; express complaint; get reading materials and follow other un-prohibited mass media news; receive visit from family, legal counsellor, and other certain persons; get remission, get the opportunity to assimilation including leave to visit family, to get parole, get leave towards release.

The government provides free legal assistance for all children in conflict area with law in all regions of Indonesia that is distributed through district courts and faculty of law of foremost universities.

92 Based on the monitoring on 13 printed media during 1994 up to 1997, YKAI (Foundation for the Welfare of Indonesian Children) reported 538 sexually abuse cases, 80 physically abuse cases, 63 neglect cases, and 5 emotionally abuse cases. Performers of these child abuses are people known by the children (66%), including their own parents (72%).

1. The administration of juvenile justice

Law No.3 of 1997 concerning the Juvenile Court stipulates that to implement guidance and provide protection for children, proper support is needed with regard to more stable and adequate institutions as well as legal instruments, and the stipulations concerning the development of a juvenile court needs therefore to be undertaken specially.

Article 2 of the law concerning the Juvenile Court stipulates that the Juvenile Court is judicial power under the aegis of Public Judicature. Article 3 concerning the Juvenile Court Trial further stipulates that the Juvenile Trial is assigned and authorized to investigate, adjudicate and settle the case of children as stipulated in this Law.

There is no special Juvenile Judge yet, as well as special rooms for the juvenile court sessions. What differentiate this juvenile court form the other court is mainly on the procedural law applied, which give more protection to children.

2. Children deprived of their liberty, including any form of detention, imprisonment or placement in custodial settings

According to Article 1 of Law concerning Juvenile Court, a Juvenile Delinquent is a child who conducts criminal offences; or a child who conducts an offence prohibited for children, either pursuant to the legislative regulations or pursuant to other legal regulations that exist and prevail within the concerned community.

According to BPS (Central Statistic Bureau), more than 4,000 cases involving children in conflict with the law are annually conducted by children below 16. Approximately a half of the total arrested children are brought to the court and 83% of them are imprisoned thereafter (become state children, civil children or proteges).

Table VIII.2 Number of Children Prisoners and Detainees in Indonesia

YEAR Description 2000 2001 2002 Sex Male 707 917 885 Female 49 56 60 Total 756 973 945

93 Types of Detainees A.I 144 179 172 A.II 205 269 268 A.III 350 460 448 A.IV 35 39 35 A.V 22 26 22 Total 756 973 945 Notes: A.I. : detainees of Police A.II. : detainees of Attorney office A.III. : detainees of Court A.IV : detainees under Appellate Court A. V : detainees under Supreme Court

Table VIII.3 Number of Protege Prisoners in Indonesia

YEAR Description 2000 2001 Sex Male 1.755 2.007 Female 69 109 Total 1.824 2.116

Types of crimes Civil children 17 8 State children 82 70 Criminal children: B.I 954 1.232 B.II.a 712 728 B.II.b 47 54 B.III 12 24 Total 1.824 2.116

Source: Central Bureau of Statistics Notes: B.I. : less than 3 months of imprisonment B.II.a. : 3 until 6 months of imprisonment B.II.b. : 6 months until 1 year of imprisonment B.III : more than 1 year of imprisonment

94 Table VIII.4. Percentage of Inmates (Detainees, Prisoners and Proteges) Based on Capacity of Prisons

YEAR DESCRIPTION 2000 2001 2002 Inmates:

Adult and Youth Detainees 19.173 20.474 25.133

Child Detainee 756 973 945

Prisoner 32.561 35.925 39.815

Protégé 1.824 2.116 2.067 Total 54.314 59.488 67.960

Capacity 64.619 64.619 64.345

Percentage 84,05% 92,06% 105,62%

Source: Directorate General for Correctional Institutions, Department of Justice and Human Rights

Data recorded by Directorate General for Correctional Institutions, Department of Justice and Human Rights indicate that the number of children in conflict with the law who are in prisons and state detention centers throughout Indonesia until May 2003 is in detail as follows:

Table VIII.5. Status of Children in Correctional Facilities and Detention Centers

No. Status of children in Amount Total Remarks correctional facilities and detention centers 1 Children in Correctional M F Facilities A .Child Prisoners 1.874 95 1.969 b. State Child 101 2 103 c. Civil Child 3 - 3 Total Children in 1.978 97 2.075 Correctional Facilities

2 Children in detention center 894 35 929

TOTAL 2.872 132 3.004

95 Source: Directorate General of Correctional Institution, Department of Justice and Human Rights (May, 2003)

3. The sentencing of children, with particular reference to the prohibition of capital punishment and life imprisonment (art.37 a).

Punishments that can be passed to delinquent children are basic and additional punishment. Basic punishments are imprisonment, fine, and surveillance, whereas additional punishments are in forms of seizure of particular goods and or compensation.

According to Article 26 of Law of Juvenile court: • The maximum imprisonment that can be imposed to delinquent children is half of maximum imprisonment for adult people. • In case that the children commit a crime punishable with death sentence or life imprisonment, the maximum imprisonment that can be passed to the children is 10 (ten) years. • The punishment for children below 12 (twelve) who commit a crime punishable with death sentence or life imprisonment is as stated in point 4 below (Actions that can be imposed to delinquent children). • Children below 12 (twelve) who commit a crime are not punished with death sentence nor life imprisonment as stated in point 4 below (Actions that can be imposed to delinquent children).

4. Physical and psychological recovery and social integration

Actions that can be imposed to delinquent children: • Return to the parents, guardians or foster parents; • Submission to the state to follow education, correctional treatment, and workshop; or • Submission to Department of Social Affairs or other social organizations with concern to education, correctional treatment and workshop.

Assistance is administered in form of psychological counseling and doctors for imprisoned children.

Measures adopted July 2000-October 2003)

Adoption of Law No. 23 of 2002 on Child Protection

96 Progress made

A network system in form of consultation forum at national and provincial level has been made in order to reform juvenile judicial system. Facilitation has been given to the improvement of consultation of juvenile judicial system at national and regional level between law enforcement officers and universities as well as children protection institutions.

Every prison is provided with special cells for children detainees or children prisoners. Recently, there are 16 juvenile prisons in 13 provinces. The government was currently building juvenile prisons in Muara Belian Jambi Pare-Pare South Sulawesi and renovating special cells for children in prisons in big cities.

In 2003, a module has been made on Juvenile Justice as a follow-up to Law No. 3 of 1997 on Juvenile Court. Besides, a training manual is also made for police regarding juvenile rights and juvenile judiciary.

The Indonesian Government has introduced special prison for children as victims of drug abuses.

Factors and difficulties

The problems in the fulfillment and protection of the rights of children in conflict with law in prisons and detention centers are:

• Not all provinces have juvenile prisons and detention centers. • Juvenile prisons and detention centers do not have proper facilities for correctional treatment which meet the needs for protection of children rights. • Over capacity of adult prisons and detention centers, especially those in the cities, sometimes compelled the authority to make use of the juvenile prisons to accommodate adult prisoners. . • Many cases of abuses toward children detained or imprisoned together with adult detainees or prisoners, including physical, emotional, social, and sexual mistreatment were not reported. • Some of children prisoners/detainees are placed in adult prisons due to limited capacity of juvenile prisons. • In resolving cases of children trafficking, most judges still refer to Article 297 and 301 of Criminal Code, instead of article 83 of Law of Juvenile Court which is more specific and applies heavier punishment, due to lack of awareness and knowledge of Law of Child Protection among the judges • Judicial process involving children had not fully observed principle of the best interest of the children. • Identity of children committing criminal offenses was often exposed in electronic media..

97 • Poor understanding about children in conflict with the law made Juvenile Crime Judicial System focused more on the children as perpetrators, and less on the children as victims. • Law No.3 of 1997 was currently being reviewed, in order, among others, to ensure protection of children as victim and witness. . • Pursuant to Law No.35/1999 on Judicial Power, in March 2003 the judicial power was fully transferred from the Department of Justice and Human Rights to the Supreme Court. During this transitional period, matters concerning budget for the improvement of court, including or development of court rooms for children was not properly taken care of. • Law of Juvenile Court determines the age limit of children who can be charged is 8 years. This is not in conformity with Beijing Rule which determines the age of 12 as the limit, or other regulations such as Law of Manpower and ILO which determines the age of 15 as the limit. Therefore, revision of Law of Juvenile Court would cover this matter. • The number of inmates of prisons/detention centers tends to increase exceeding the capacity of the prisons. Data by August 2003 indicates that the number of prisoners in Indonesia is 84,000 despite the whole capacity is 65,000. One of the solutions is to place adult prisoners in juvenile prisons with partition in the room to avoid physical contact. On the other hand, to solve the problem of lack of Juvenile prisons, which are built only in 13 provinces, special cells for children are built in every adult prison.

Priorities for the next 5 years

• To continue harmonization of laws and regulations which relates to the rights of the child in full conformity with the newly enacted Law No. 23 of 2002 on Child Protection and Convention of the Rights of the Child. In this regard, priority would be given to harmonization of legal products relating to Juvenile judicial system.. • To intensify campaign in order to enhance the observance of juvenile judicial system in Indonesia among law enforcement officials. • To formulate a clear legal indicator to determine punishment for children in conflict with law. • To continue improving facilities of prisons. • To produce manual books for law enforcement officers specializing in juvenile cases; judges of juvenile cases, attorneys for juvenile cases, and police handling juvenile crimes. • To improve curricula of law schools by integrating matters relating to child protection. • To sensitize public on juvenile judicial system, including service, correctional treatment, rehabilitation, and development of shelter for children. • To continue the plan to build 10 more prisons outside Java. • To improve facilities for legal assistance accompanying children during investigation and trial process.

98 • To provide more Child Delinquent Rehabilitation Centers in 6 provinces to cater referral from courts. • To prioritize diversion of juvenile justice and mainstreaming restorative justice to children.

In consistent with the basic principles of rights of children in conflict with law based on Beijing’s Rules, the Indonesian legal system guarantees that any child shall not be tortured or mistreated or imposed with punishment that can undermine their dignity. Death sentence and life imprisonment will not be imposed for crimes committed by children. Legal action toward children is a part of process of education so that children in conflict with the law are not to be treated only as the perpetrators while disregarding the responsibility and duties of their parents, family, the public, and the neighbourhood and state. Therefore, national laws concerning juvenile judicial system provide for in detail children in conflict with law, with a principle that children below 8 must be freed from investigation and prosecution. Investigation on children below 8 is conducted only to find out whether the crime is committed only by themselves or involves children over 8 or adult people. Children aged 8 to 12 are subject to investigation by involving the parents as the responsible party. Judicial process is done for the best interest of the children and the punishment is given only in form of social guidance by social workers and social guides. Children aged 12 to 18 are treated as suspects, subject to investigation and prosecution based own special law of procedure with maximum punishment of half of punishment for adult.

Children in situation of exploitation, including physical and psychological recovery and social reintegration

1. Economic exploitation of children, including child labour.

Situation

Child labour in Indonesia have been existed for a long time due to either poverty or traditional perception that children are expected to help their parents in rice field or other family business to improve family income. Child labour in Indonesia are also caused by lack of access to education for children, in particular from low income families. Not all employment for children is bad for children development.

The Government regulates employment for children and prohibits many forms of child labour. Age limit of children allowed to work is provided for in ILO Convention No.138, which was ratified by Indonesian Government through Law No.20 of 1999. The prohibition of child labour is also provided for in the Article 68 of Law No.13 of 2003 on Labour, which regulates that children may be allowed to work as long as the work does not hinder or undermine their physical, mental, and social development and health, and with certain conditions (Article 69-73).

99 Law No.13 of 2003 further determines that anybody is prohibited to employ and involve children in certain type of works, as reflected in the implementation of ILO Convention no.182 on Prohibition and Immediate Action of Elimination of the Worst Forms of Child Labour of which it ratified by Indonesia through Law no.1 of 2000. Law No.13 of 2003 on Labour strongly prohibits the worst forms of child labour, which, in consistent with ILO Convention No. 182, includes 4 categories of employments, namely: any form of slavery or similar practices of slavery; prostitution, pornographic production or pornographic performances; illegal activities, especially drugs production and trafficking; and works in places and natures which are dangerous for children’s health, safety, and moral.

For the last category, pursuant to the relevant provisions of ILO Convention No. 182, the government has specified types of works included in the category through Decree of Minister of Labour of 2003.

Data recorded by Central Statistic Bureau (BPS) in 2000 indicates that the number of children aged 10 – 14 is 20.86 million people. From the total number, 1.69 million people (5.69%) are forced to work in various kinds of work.

Survey by BPS in 2001 indicates that 66.85% of the working children were in agricultural sector, 12.87% in manufacturing sector, and 20.28% in service sector. Meanwhile, National Socio-Economic Survey of 2000 and 2001 found out that about 70% of children aged 10 –14 had the status of family workers or unpaid workers. This indicates that the children probably work only to help their parents. This is in line with traditional practice that generally places the children as helpers of the parents in improving the family income.

The percentage of child labour aged 10 – 14 with normal working hour in 1 week (35 hours/week) is about 16.89%. The majority of them work more than 35 hours per week, or even more than 40 hours per week. In the next decade, it is expected that the number of child labour aged 10 –14 decreases and the proportion of child labour aged 10 –14 with 35 working hours per week will decrease.

The latest data recorded by National Socio-Economic Survey in 2001 include the category of child labour aged 10 – 14 in the following table:

Table VIII.6. Percentage of Inhabitants Aged 5 –14 years Who Work According to Types of Residence, Sex, and Work Status

Percentage Work for Home Work for of Self other people industr other people Residence/sex inhabitants employed and not get y and get paid aged 5-14 (%) paid (%) (%) who work (%)

100 (%) Urban areas Male 2,05 14,91 61,90 22,38 4,28 Female 2,15 6,89 66,09 24,81 4,28 Male + Female 2,10 10,89 64,00 23,59 4,28

Rural areas Male 6,40 8,29 81,51 9,00 4,29 Female 4,31 7,08 82,03 9,23 4,34 Male + Female 5,39 7,83 81,71 9,08 4,31 Urban areas + Rural areas 4,69 9,43 78,14 11,29 4,29 Male 3,45 7,04 78,06 13,10 4,32 Female 4,09 8,45 78,11 12,03 4,30 Male + Female

Source: National Socio-Economic Survey 2001

Types of work done by children aged 5 – 14 can be seen in the following table:

Table VIII.7. Percentage of Inhabitants Aged 5 – 14 years Who Works According to Types of Residence, Sex and Types of Main Work in 2001

Sector Small/ of home Large/ Servic Residence/s Street Trader in Scavengi industr Agricultur Transport Other Mediu e ex Vendor fixed stall ng y al Sector Sector s m Sector Sector industr

y Urban areas Male 8,45 25,58 0,36 13,09 0,74 26,04 1,13 7,94 16,66 Female 4,59 37,62 0,17 15,78 5,13 9,66 0,12 12,96 13,96 Male + 6,52 31,62 0,27 14,44 2,94 17,83 0,62 10,46 15,31 Female Rural areas Male 2,33 7,51 0,41 4,24 0,61 70,54 0,57 1,96 11,83 Female 2,95 14,92 0,37 8,78 1,15 54,40 0,05 2,20 15,17 Male + 2,57 10,37 0,39 5,99 0,82 64,31 0,37 2,05 13,12 Female

101 Urban areas + rural areas Male 3,38 10,61 0,40 5,76 0,63 62,90 0,66 2,98 12,66 Female 3,36 20,56 0,32 10,52 2,14 43,27 0,07 4,88 14,87 Male+Femal 3,37 14,69 0,37 7,71 1,25 54,86 0,42 3,76 13,57 e

Source: SUSENAS 2001

However, those works may hamper the children’s education as well as physical and mental health and social development. In fact, the age of 10 – 14 is not proper for work. Ideally, in that age, children go to school and are not burdened with work for living. This condition is, among others, caused by factor of inadequate parents’ income, unemployed parents and poverty, which eventually force the children to work in order to improve family income. But there are also children who work because they are neglected and have to fulfill their own need.

This condition results in the increasing number of children involved in various types of works including types of the worst forms such as prostitution, mining, jermal (fisheries), shoe factory, garment factory, building construction, pearl diver, beggar, scavenger, illegal production and trade of drugs, pornography and street children. These works would certainly undermine the physical, mental, and social development of the children and would lengthen the chain of poverty. In general, the wage that they receive from this kind of labour is very low and they are overly exploited.

According to the Department of Manpower and Transmigration, some 700 children were working for footwear industries in Bandung. As many as 209,943 children below 15 were in factories, 3,815 children aged 10 – 19 working in gold mines (Department of Manpower and Transmigration/Depnakertrans,ILO/IPEC).

Measures adopted (July 2000 – October 2003)

Various steps taken by the government which gained supports from national tripartite mechanism as well as the public are ratification of relevant ILO Conventions and legal harmonization relating to elimination of child labour, namely: • Ratification of ILO Convention No.138 through Law No.20 of 1999 on Minimum Age for Admission to Employment. • Ratification of ILO Convention No.182 through Law No. 1 of 2000 on Prohibition and Immediate Action of Elimination of the Worst Forms of Child Labour. • Adoption of Law No. 39 of 1999 on Human Rights. • Issuance of Presidential Decree No. 59 of 2002 regarding National Plan of Action for the Elimination of the Worst Forms of Child Labour. • Adoption of Law No. 23 of 2002 on Child Protection. • Adoption of Law No. 13 of 2003 on Labour.

102

Progress made

In addressing various problems relating to the worst forms of child labour, the government through Presidential Decree No.12 of 2001 has established National Action Committee, and subsequently launched National Plan of Action for the Elimination of the Worst Forms of Child Labour through Presidential Decree No. 59 of 2002 .

The Government in partnership with other stakeholders had started to implement the actions plan in particular disseminating the plan throughout the country, enhancing capacity of implementing agencies and mobilizing resources for its implementation. Moreover, some model of cooperation with regional governments had been developed such as cooperation with the Government of North Sumatra Province to address problem of child labour in jermal (offshore fishing platform) and cooperation with Government of West Java Province to address child labour in footwear industries. Kutai Kertanegara District in East Kalimantan Province had proclaimed its determination to fight worst form of child labour and envisaged the region would be free from the worst forms of child labour by 2015. The Government of East Java Province in December 2003 declared its determination to work towards the total elimination of worst forms of child labour in the province in 2010. In 2003, 885 children had been set free from worst forms of child labour. Those profound initiatives by regional or local administrations will strengthened efforts to eliminate the worst forms of child labour in Indonesia.

Following up the enactment of Law No. 13 of 2003 on Labour, the government was currently drafting implementation regulations which include: Elimination of child labour in informal sector; Elaboration of child labour situation which endanger children’s health, safety, and moral; Children working in entertainment industries which at the same time may develop their talents.

In its endeavor to combat worst forms of child labour, the Government had actively engaged with other parties such as tripartite constituents and other stakeholders. Furthermore, the Government’s policy in this regard was also directed to encourage Government at provincial dan district level to draw its own action plan and establish its own provincial or district committee.

Factors and difficulties

• It was not until recently that the Government adopted the comprehensive approach to combating worst forms of child labour. The previous approach tend to focus only on repressive and curative aspects and less attention paid to preventive aspect. • There had been perception in some communities that children may work as part of assuming social life and responsibility to help improve family income. • The Government faced difficulties and constraints in enhancing its capacity in

103 poverty alleviation in particular following the economic crisis besetting the country since 1997. • Lack of law enforcement in monitoring minimum age of employment and work condition. • Limited access to education for children of poor families.

Priorities for the next 5 years

• To implement fully the National Plan of Action for the Elimination of the Worst Forms of Child Labour. As the first stage, priority in the next 5 years is the elimination of child labour in fishing platform (Jermal), juvenile prostitution, drugs trafficking, mining, household maid, footwear industry. In addition, efforts would be made to strengthen political commitment of the Governments at all level, to improve public awareness and to continue mapping out of worst forms of child labour. The next priority for the second five years, is to develop model of best practices drawn from various regions and replicate them for applications in other regions. As the third stage, in the next 20 years the programmes as contained in the Plan of Actions should be fully implemented throughout the country. In this regard, efforts will be made to establish institutional mechanism for prevention and elimination of worst form of child labour at national, provincial and district levels.

• To strengthen cooperation with relevant international agencies such as ILO through technical cooperation in the framework of IPEC (International Programme for Elimination of Child Labour) since 1993.

• To accelerate the elimination of the worst forms of child labour among other through developing and implementing Project Document IPEC on “Support to the Indonesian National Plan of Action for the Elimination of the Worst Form of Child Labour” (2004-2007).

Drug abuse (art.33)

Situation

The Hospital of Drug Dependence of Jakarta (Rumah Sakit Ketergantungan Obat/RSKO) recorded that in 1996 there were 2,090 patients of drug abuse. Suppose each patient treated at RSKO represents 200 other people who, due to one reason or another, did not seek medical treatment, drug victims might reach 400 thousand people, and more than two-thirds of them were children under 19 years old.

In the period 1997-1999 there was an increase of nearly 100%. Such an increase was possibly due to either the awareness of drug users and their families to seek professional assistance or the reflection of the widening prevalence of

104 drug abuse problems, which have reached all layers of the society. In 1998, the category of children (under 19 years old) who had become victims of drug abuse was 40.6%. While in 1999 in term of percentage children victims of drug abuse declined to 37.2%. The RSKO data also indicated that 63% of out-patients and in-patients were still at schools or universities. The situation might be worse than it seemed since children were easy targets or easily persuaded not only by users but also by traffickers.

The real figure of drug users was possibly higher as the abuse had spread to not only urban areas but also rural areas and involved not only children from rich families but also from poor families (for instance street children). The most worrying was the fact that the visiting patients at RSKO were opium users (heroin/putaw) and 42% of them used syringes. The possible spread of HIV among users of syringes indeed has not been confirmed, but clinical data with limited samples have indicated the spread of more than 10% for HIV and 70% for Hepatitis C.

The following table shows increasing trend of drug users among children in the whole provinces of the country

Tabel VIII.8. Numbers of Drug Victims in 2003

NUMBER OF POPULATION IN 5 YEARS NO PROVINCE JUNE 1999 2000 2001 2002 2003 1 D.I. Aceh 134 204 286 366 383 2 North Sumatera 1.763 6.922 15.960 16.201 *) 16.201 3 West Sumatera 32 32 68 242 386 4 Riau - 116 124 156 584 5 Jambi - - 575 451 556 6 South Sumatera 357 370 416 449 147 7 Bengkulu * * 42 80 149 8 Lampung 324 603 687 772 *) 772 9 DKI Jakarta 1.845 3.217 3.658 4.099 *) 4.099 10 West Java 1.596 1.596 2.949 3.225 3.255 11 Central Java 2.142 4.724 7.308 8.671 9.889 12 DKI Jakarta 227 227 278 2.627 2.780 13 East Java 180 452 1.831 2.239 2.904 14 Bali 13 13 10 180 2.509 15 West Nusa - - 111 197 906 Tenggara

105 16 East Nusa 35 36 36 47 82 Tenggara 17 East Kalimantan - 188 108 368 *) 368 18 Central 55 92 74 54 *) Kalimantan 54 19 South Kalimantan 9 174 261 831 841 20 East Kalimantan 101 101 211 211 323 21 North Sulawesi 133 133 51 150 730 22 Central Sulawesi 92 92 230 230 375 23 South Sulawesi 112 1.169 1.223 1.169 1.247 24 Southeast Sulawesi - 102 140 113 178 25 Maluku 761 764 33 761 1.144 26 Papua 216 216 216 324 435 27 Banten - - - 149 555 28 Bangka Belitung - - - 39 496 29 Gorontalo - 33 33 33 60 30 North Maluku - 27 27 124 154 10.128 21.603 36.744 44.458 52.541 Source :Pusdatin & dit. Napza Depsos of 2003. Directorate for the Development of Social Rehabilitation and Services for Drugs Addict

Notes : Reported number of victims The actual number referring to ice mountain phenomenon, multiplied by 10. *) data collection in 2002

Drug abuse problem had been a national concern particularly because most of the victims were young people and children. According to International Narcotic Control Board, Indonesia had been the destination of drug smuggling by international narcotic network. Data recorded by Jakarta Provincial Police Headquater (Polda Metro Jaya), RSKO and Rehabilitation Center (in 2002) indicated that in each institution, 6.95%, 26.9% and 29.91% respectively of the victims were below 20 years old. Reports of the Office of National Education of Jakarta indicates that 14% of junior high schools in Jakarta reported to have drug abuse problem. Children using drugs tend to be involved in the trafficking and distribution of the drugs due to the need for money and free drugs. Children victims of drug abuse were vulnerable to reproduction health problem because drugs were strongly connected to sexual behavior and also vulnerable to HIV/AIDS due to the use of heroin and syringe .

106 Figure VIII.1. Age Group of Drug Suspects 1997 – 2002

1800 1600 1400 1200 < 15 years 1000 16-19 years 800 20-24 years 600 25-29 years 400 > 30 years 200 0 1997 1998 1999 2000 2001 2002*

* Up to June 2002 Source: National Police Head Quarters Statistics

Figure VIII.2. Educational Level of Drug Suspects Among Student 1997 – 2002

3000

2500 Primary School Student 2000 Junior High School 1500 Student Senior High School 1000 Student 500 Higher Learning Institute Student 0 1997 1998 1999 2000 2001 2002*

* Up to June 2002 Source: National Police Head Quarters Statistics

Measures adopted

• Law no. 36 of 1999 on Human Rights • Adoption of Law No. 23 of 2002 on Children Protection • Issuance of Decree of the President of the Republic of Indonesia No. 17, of 2002 on the establishment of the National Narcotic Board

107 • Issuance of Instruction of the President of the Republic of Indonesia No. 3, of 2002 on Fighting Against Abuse and Illicit Traffic of Narcotic, Psychotropic, Precursor and Other Addictive Substances

Progress made

The Government through Presidential Decree of 2002 had established National Narcotic Board (Badan Narkotika Nasional/BNN) to coordinate efforts by all relevant Government institutions in fighting against abuse and illicit traffic of Narcotic, Psychotropic, Precursor and Other Addictive Substances.

Instruction of the President of the Republic of Indonesia No. 3 of 2002 on the Fight Against Abuse and Illicit Traffic of Narcotic, Psychotropic, Precursor and Other Addictive Substances had ordered all the relevant Government institution to develop and implement programmes in fighting against abuse and illicit traffic of narcotic under the coordination of the National Narcotic Board at national and regional level.

In 1999, a Memorandum of Understanding was signed by six major women organizations in the country (Indonesian Women Corp/Kowani, Dharma Wanita, PKK, Dharma Pertiwi, Bhayangkari, and Coordinating Board of Women Organization of DKI) with a view to supporting the Government’s effort in fighting against abuse and illicit traffic of Narcotic, Psychotropic, Precursor and Other Addictive Substances. The MOU was latter approved by the President of the Republic of Indonesia as part of the Programme of Cooperation Network of Prevention of Narcotic Abuse and HIV/AIDS (JKPPNH) in 2002.

Factors and difficulties

• Exact figure of involvement of children in drug abuses at national level were not available. • Law of Narcotic and Psychotropic does not give adequate protection to children as it classifies children users as merely criminal not as victims of drug abuse. • There was not yet effective school-based or community-based strategy of prevention at national and provincial level. • It was not until the establishment of BNN that the coordinative approach to fight against abuse and illicit traffic of Narcotic, Psychotropic, Precursor and Other Addictive Substances adopted. • Activities of the fight against drugs and sexual problem mostly conducted outside classroom as extracurricular activities and not integrated into school curricula.

Priorities for the next 5 years

• To achieve significant demand reduction by: - Continuing and further developing Advocacy and Information Programmes - Promoting School Based Drug Prevention Programmes - Promoting Community Based Drug Prevention Programmers

108 • To enhance access to facilities and services of treatment and rehabilitation • To achieve more effective control of supply by: - Strengthening Law Enforcement - Enhancing Law Enforcement on Human Resource Capacity Building • To strengthen research and development in the field of fighting against abuse and illicit traffic of Narcotic, Psychotropic, Precursor and Other Addictive Substances. • To Strengthen international cooperation at bilateral, regional and multilateral levels in the field of fighting against abuse and illicit traffic of Narcotic, Psychotropic, Precursor and Other Addictive Substances. • To enhance effectiveness of controlled delivery and undercover buying. • To strengthen Anti Money Laundering Law • To review law of Narcotic and Psychotropic with a view to giving adequate protection for children.

Sexual exploitation and sexual abuse (art. 34)

Situation

Information gathered from national and local media reports revealed that there have been 2.184 cases of child sexual abuses in 2003. The victims were 2,007 girls and 177 boys. Most cases had been adjudicated.

Measures adopted

• Adoption of Law No. 39 of 1999 on Human Rights • Adoption of Law No. 26 of 2000 on Human Rights Courts which categorizes trafficking in children as a crime against humanity and may be brought before human rights court in accordance with Article 8 (d) and 9 (g). • Adoption of Law No. 23 of 2002 on Child Protection • Issuance of Presidential Decree no.87 of 2002 on National Plan of Action for the Elimination of Commercial Sexual Exploitation of Children. • Preparation of National Plan of Action on Human Rights 2004 – 2009 which contain programme for ensuring integrated efforts for child protection, including trafficking in children and sexual exploitation of children. • Drafting a Bill on migrant workers • Strengthening cooperation with Government of receiving countries of Indonesian migrant workers.

Progress made

Number of measures had been taken by the Indonesian Government to protect children from sexual exploitation. The measures include the followings: • Ratification and accession of relevant international instruments such as the Convention of the Rights of the Child and ILO Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of

109 Child Labour • Endorsement of relevant international and regional agreements such as Stockholm Declaration and Agenda for Action of 1996, Commitments and Plan of Action of East Asia and Pacific Region against Commercial Sexual Exploitation of Children of 2001; and Yokohama Global Commitments of 2001; with regard to the Yokohama global commitments, the Government had developed cooperation with relevant NGO’s coalitions in order to follow up the commitments. • Signing of the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography; Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children supplementing to the UN Convention against Transnational Organized Crime; The Convention on the Suppression of Traffic in Women and the Exploitation of the Prostitution of Others on September 2001, December 2002, September 2003 respectively. • Integration of the main international human rights instruments into national legislation such as Law No. 39 of 1999 on Human Rights, and Law No.23 of 2002 on Child Protection. • The launching of the National Plan of Action for the Elimination of Commercial Sexual Exploitation of Children through Presidential Decree No. 87 of 2002 and the establishment of Task Force which serve as one of the focal points for the implementation of the National Plan of Action. The plan of actions consist of five aspect of activities: 1)coordination and cooperation, 2) prevention, 3) protection, 4) recovery, and 5) children reintegration and participation. • Indonesia hosted the 6th East Asia and the Pacific Ministerial Consultation on Children in Bali on May 2003 and World Tourism Organization (WTO) Regional Consultation on the Protection of Children from Sexual Exploitation in Tourism in Bali in June 2003. The Ministerial Consultation Meeting adopted “Bali Consensus” as a collective commitment of East Asian and Pacific countries to improve welfare and protection of children especially in 4 key issues, namely HIV/AIDS; trafficking in children and sexual exploitation of children, maternal mortality and neonatal rate; and malnutrition. In addition, the WTO Regional Consultation adopted “Bali Proposal for Action”, which underlines the responsibility of tourism industries to prevent sexual exploitation of children in tourism areas. • The National Police had issued policy to the effect that special investigation rooms were made available in police offices for women and children who become victims of violence (physical and/or mental). • The Ministry of Women Empowerment in cooperation with Department of Health and Indonesian Police had introduced Hospital based Integrated Crisis Center (PKT) for women and children who are victim of violence.

Factors and difficulties

• It is common understanding that poverty contributes to the situation in which children enter sexual industries and become victim of sexual exploitation. In this regards the Government currently still faces difficulties and constraints to

110 enhance its capacity in poverty alleviation in particular following the economic crisis besetting the country since 1997. • There had been public perception that matters relating to sexuality including sexual abuse and prostitution are not to be discussed openly in public. This may lead to sexual abuse practices unchecked and not properly recorded. • Insufficient legal protection for victims of sexual abuses and exploitation. • Law enforcement officials are yet to be sensitized about the National Plan of Action on the Elimination of Commercial Sexual Exploitation of Children. • Inadequate data necessary for development of effective policies in national and regional level.

Priorities for the next 5 years

• Implementing fully the National Plan of Action for the fight against commercial sexual exploitation of children and continue to enhance the capacity of all the implementing agencies. • Promoting child prostitution free zone in all tourism destination. As a pilot project the islands of Bali and Batam were declared to be child prostitution free zone in 2004. • Establishment of supporting system for the activities of the elimination of commercial sexual exploitation of children. • Strengthening cooperation at bilateral, regional and multilateral levels in the elimination of commercial sexual exploitation of children.

Sale, trafficking and abduction (art.35)

Situation

Sales of children for the purpose of economic and commercial sexual exploitation usually take place in economically poor communities. The parties involved both directly and indirectly in the sales include family, friends, employment agencies and government officials especially when it relates to forgery of identity cards of children. Children prone to economic and commercial sexual exploitation are those working in plantation, jermal, as household maids, restaurants, entertainment industries and prostitution. Street beggars and those involved in contractual marriage are also prone to economic and sexual exploitation.

Sale of and trafficking in children involve such activities as recruitment, transfer, forgery of documents, violence and exploitation. In the recruitment process, in some cases syndicates offer them to become household maids either abroad or in the big cities and tantalize with big payment. To the girls who commonly live in villages, working in the cities is a once in a life time opportunity. Besides, Low education, skill, and inexperience make them easily provoked.

111 Data recorded by Bureau of Central Statistic in 1999 indicated that there were 1,341,712 household maids in Indonesia, 310,378 maids (23%) aged 10 – 18 years, 93% of them were girls and 7% were boys. Based on the data reported by several mass media, many household maids experienced physical and sexual violence usually committed by the employers.

Measures adopted

• Adoption of Law No. 39 of 1999 on Human Rights • Adoption of Law No. 26 of 2000 on Court of Human Rights which categorizes child trade/trafficking as crime against humanity, which can be brought into court of human rights referring to Article 8 (d) and 9 (g). • Adoption of Law No.23 of 2002 on Child Protection. • Presidential Decree of the Republic of Indonesia No.88 of 2002 on National Plan of Action on the Elimination of Trafficking in Women and Children. • Draft Indonesian National Plan of Action for Human Rights of 2004 – 2009 which include programs to improve integrated efforts for child protection from trafficking and sexual exploitation.

Progress made

Some measures had been taken by the Indonesian Government to address issues relating to sale of, trafficking in and abduction of children. The measures include the followings:

• The government through the Presidential Decree No.88 of 2002 had launched National Plan of Action on the Elimination of Trafficking in Women and Children, which include establishment of a task force as focal point to implement the Plan of Action. The Plan of Action covers all aspects of combating trafficking in children such as strengthening relevant laws and regulations, law enforcement, preventive measures, rehabilitation and social reintegration for the victims.

• Indonesia hosted the first and second Asia Pacific conference called “Bali Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Trans-national Crime” in 2002 and 2003 respectively which provide the region with framework of cooperation for member countries in combating people smuggling, trafficking in person and related transnational crimes.

• Indonesian pursued regional cooperation in combating trafficking in children as contained in the Bangkok Accord and Plan of Action to Combat Trafficking in Women of 1998 and the Asian Regional Initiative Against Trafficking (ARIAT).

112 Factors and difficulties

Factors relating to trafficking in children are as follows: • Poverty: according to the Bureau of Central Statistic there had been an increase of the population which were below the poverty line from 11,3% in 1996 to 23,4% in 1999, although the percentage of the population below the poverty line decreased to 17,6% in 2002. • Economic crisis: due to the economic crises, there had been increase of working children from 1,8 million at the end of 1999 to 2,1 million in 2000; • Discontinuation of education among children: according to the Bureau of Central Statistic there was 14% of children between the age of 7-12 and 24% of children between the age of 13-15 discontinue their education due to financial reason. • Traditional perception: in some communities, children are considered as parents’ property and positioned women lower; • Lack of birth certificate recording that allows age and other identity falsification; • Insufficient legal protection for victims of trafficking. • Law enforcement officials are yet to be sensitized about the National Plan of Action on the Elimination of Trafficking in Women and Children. • Inadequate data necessary for development of effective policies in national and regional level.

Priorities for the next 5 years

• Ratify UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, on Trans-national Organized Crime along with 2 protocols: protocol to prevent, eliminate and penalize trafficking in persons and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Trans-national Organized Crime. • Enact laws on the Elimination of Trafficking in Women and children and on Witnesses and Victims Protection. • Harmoniz national laws in particular criminal code and law on immigration with the international standards relating to trafficking in persons. • Develop capacity of law enforcement officers in this field; • Improve systems of rehabilitation and social reintegration for victims of trafficking;

5. Other forms of Exploitation (art.36)

Situation

The problem of children living and working in the street, by themselves or with their family is common in many big cities in Indonesia. The number is more or less 60 to 70 thousand children. About 10 –15% of them runaway from their

113 family because of violence and neglect. Most of them work in the street for more than 21 hours, 6 days a week. Some of them (40%) still go to school but prone to dropping out. Girls tend to enter the street life earlier than boys and tend to work longer. Risk of violence on the girls is also higher. In the street they are exploited economically by their parents and other adult people. The level of education of the majority of street children is elementary school and elementary school dropouts (75%) and junior high school (19%). The additional problem relating to street children is the use of illegal drugs. Almost 33% of them are users and were once users of drugs.

A survey conducted by PKPM (Community Study and Development Center) of Atma Jaya University in 12 cities (1999/2000) indicated several main characteristics as follows: • Children begin working in the street before the age of 12. Many of them begin working in the street before reaching 7 years old, and more girls work in the street than boys. • Only 43% of street children surveyed say they still go to school (42.8% boys and 44.3% girls). • They work more than 5 days a week and 5 hours a day. • About 47% of these children had been in the street less than 2 years and most of them (89%) had been there less than 5 years. The reason they generally mentioned for being on the street was poverty. Nevertheless, less than 23% of them said that they had psychosocial problems at home, particularly violence and neglect.

Study conducted in several regions reveals as follows: • Every year, the number of street children in West Java tends to increase. Until recently, the number reaches 15,028 children. On the other hand, correctional programs of street children are considered unsuccesful because more children coming back to street instead of return to their parents. From the total number of street children, the largest numbers are in Bekasi District as many as 1,500 children and in Bandung District as many as 5,000 children. The result of monitoring conducted by yayasan Jembatan (Bridge Foundation) indicated that the number of street children in 1996 was 2,000 –3,000 children and increasing up to 6,000 –8,000 children in 1998, and in 2002 reached estimatedly 10,000 – 12,000 children. • In Surabaya in 2000 there were 2,000 street children and increasing up to 3,005 in 2001. • In South Sulawesi, there were 4,026 street children in 57 locations in 1999, and in the next year increasing up to 6,000 children. • The greatest concentration of street children is in Jakarta. In 1998, there were 13,000 children. After the crises started, there was an increase up to 400 %. Most of them came from regions around Java island such as West Java, East Java, Central Java, and Madura. Only 17.1% of them came from outside Java Island.

114 • In Semarang, 200 street children were recorded in 2000. However, it is estimated that there was an increase in number in the following years.

Measures adopted • Adoption of Law No. 39 of 1999 on Human Rights • Adoption of Law No. 23 of 2002 on Child Protection

Progress made

The Government had introduced Social Safety Net Programme for street children which included the provision of shelters, education, improvement of nutrition and vocational skill training and entrepreneurship. Many concerned NGOs participated in the provision of education, food and clothes.

The Government has also introduced the Free Street Children Programme of Bandung Raya in 2004 as a model in addressing street children. The program was implemented in cooperation with the local government and involved public at large. In this regard, 34 shelters had been made available throughout the West Java province. It was expected that by the provision of shelters street children would reduce their time spent in the street, from 12 to 8 hours per day.

Factors and difficulties

• There was not yet integrative approach of national strategies and programme to eliminate street children. • Data collection system was yet to be developed in order for effective programmes and strategies can be drawn. • Continuing impact of economic crises on the economies of people in general.

Priorities for the next 5 years

• Developing model of dealing with street children which applicable nationwide. • Developing National Plan of Action to cope with problems relating to street children. • Diseminating Law on Child Protection

Children belonging to minority or indigenous groups (art.30)

Situation

Children from certain ethnic group especially of Chinese decent use to confront discriminative treatment with regard to access to education. Such discrimination merely based on unwritten regulation by some educational institution, and does not a part of Government’s policy. However, in line with the growing awareness of the Indonesian community in general and the respect for human rights

115 in particular since the era of reform beginning in 1998, such practices were not longer existed.

Difference of problems, challenges and opportunities faced by children of different ethnicity, religion, and language was not identified.

Measures adopted ( July 2000-October 2003)

The integration of non discrimination principle in Constitution and various national legislation such as adoptions of Law No. 39 of 1999 on Human Rights, Law No. 23 of 2002 on Child Protection, as well as Law No. 20 of 2003 on National Education System.

Factors and difficulties

Indonesian population consists of more than 1,000 ethnic groups/sub-ethnic groups from various religions.

Priorities for the next 5 years

Enactment of Law on the Elimination of Racial Discrimination

116