Committee on the Rights of the Child

Concluding observations on the combined third and fourth periodic reports of Indonesia*

The Committee considered the combined third and fourth periodic reports of Indonesia (CRC/C/IDN/3-4) at its 1890th and 1891st meetings (see CRC/C/SR.1890 and 1891), held on 5 June 2014, and adopted, at its 1901st meeting, held on 13 June 2014, the following concluding observations.

I.Introduction

The Committee welcomes the submission of the combined third and fourth periodic reports of Indonesia (CRC/C/IDN/3-4) and the written replies to the list of issues (CRC/C/IDN/Q/3-4/Add.1), which allowed for a better understanding of the situation of children’s rights in the State party. The Committee expresses appreciation for the constructive dialogue held with the high-level, multisectoral delegation of the State party.

II.Follow-up measures taken and progress achieved by the State party

The Committee welcomes the adoption of the following legislative measures:

(a)Law No. 24 of 2011 on the Social Security Agency;

(b)Law No. 11 of 2012 on the Juvenile Justice System;

(c)Law No. 28 of 2008 on the Elimination of Racial and Ethnic Discrimination;

(d)Government Regulation No. 47 of 2008 on Compulsory Education;

(e)Law No. 17 of 2007 on the Long-term National Development Plan 2005–2025;

(f)Law No. 24 of 2013on Population Administration, amending Law No. 23 of 2006;

(g)Law No. 12 of 2006 on Indonesian Citizenship;

(h)Law No. 40 of 2004 on the National Social Security System;

(i)Revision of Article 43(1) of Law No. 1/1974 on Marriage, by Constitutional Court Decision No. 46/PUU-VIII/2010, expanding the legal status of children “born outside wedlock”, on 17 February 2012.

The Committee also notes with appreciation:

(a)The ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in September 2012;

(b)The ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, in September 2012;

(c)The ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in May 2012;

(d)The ratification of the Convention on the Rights of Persons with Disabilities, in November 2011;

(e)The accession to the International Covenant on Economic, Social and Cultural Rights, in February 2006.

The Committee also welcomes the large number of institutional and policy measures taken.

The Committee welcomes the State party’s withdrawal of its declarations to articles 1, 14, 16, 17, 21, 22 and 29, of the Convention, in 2005.

III.Main areas of concern and recommendations

A.General measures of implementation (arts. 4, 42 and 44 (6) of the Convention)

The Committee’s previous recommendations

While welcoming the State party’s efforts to follow up the Committee’s concluding observations of 2004 on itssecond periodic report (CRC/C/15/Add.223), the Committee notes with regret that some of the recommendations contained therein have not been fully addressed .

The Committee urges the State party to take all necessary measures to address the recommendations contained in the concluding observations o n its second periodic report under the Convention that have not been implemented or only partially addressed. I n particular, the Committee reiterates its recommend ations ( CRC/C/15/Add.223, paras. 23, 25, 44, 52 and 72 (a) ) that the State party :

(a) Continue to upgrade its system of data collection to cover all areas of the Convention; ensure that all data and indicators are used for the formulation, monitoring and evaluation of policies, programmes and projects for the effective implementation of the Convention; widely circulate these statistics and information; and , in this respect, c ontinue its collaboration with, among others, the United Nations Children’s Fund ( UNICEF ) ;

(b) Strengthen its measures regarding the dissemination of and training on the Convention to all relevant professionals and implement said measures in an ongoing and systematic manner; take specific measures to make the Convention available to and known by all children, especially those belonging to ethnic minorities;

(c) In the light of the Committee’s general comment No. 8 (2006) on t he right of the child to protection from corporal punishment and other cruel or degradin g forms of punishment and art icle s 19, 28, para graph 2 , 37, among others, of the Convention, amend its current legislation to prohibit corporal punishment everywhere, including in the family, schools and childcare settings; carry out public education campaigns about the negative consequences of ill-treatment of children and promote positive, non-violent forms of discipline as an alternative to corporal punishment;

(d) Amend the current legislation on adoption so as to ensure that it conforms to articles 2 and 3 of the Convention; take the necessary measures to monitor and supervise effectively the system of adoption of children in accordance with the principle of the best interest of the child; accede to the Hague Convention on Protection of Children and Co - operation in Respect of Intercountry Adoption;

(e) Develop, in collaboration with NGOs and international organizations, a comprehensive system of psychosocial support and assistance for children affected by armed conflict, w hich also ensures their privacy.

B.Definition of the child

The Committee notes with concern that despite the Committee’s previous recommendations (CRC/C/15/Add.223, para. 27), the legal age of marriage for girls is still 16 years of age, and that, under the State party’s legislation, children who are married are considered to be adults.

The Committee recommends that the State party amend its legislation and raise the marriage age for girls to 18 years, and also review the age limits set in different legislation in order to ensure that they conform to the principles and provisions of the Convention and under no circumstance s lead to a child under the age of 18 being considered as an adult.

Legislation

The Committee notes with concern that the provisions of the Convention have not been fully incorporated into the State party’s domestic law. Furthermore, the Committee is concerned that, further to the decentralization process that has led to the formation of new provinces and districts, with each one responsible for delivering public services, several by-laws adopted at the provincial or district level are inconsistent with the provisions and principles of the Convention.

The Committee urges the State p arty to take all necessary measures to ensure that:

(a) The provisions of the Convention are fully incorporated into its domestic law;

(b) All provincial and district laws are consistent with the provisions of the Convention, including by the establishment of a specialized government institution to closely monitor the drafting and adoption of local and provincial laws and regulations that concern children.

Coordination

The Committee notes with concern that the Ministry for Women’s Empowerment and Child Protection, which is responsible for the coordination and implementation of the Convention and the National Plan of Action for Children, lacks the necessary authority over governmental structures in provinces and districts to properly coordinate the activities to implement the Convention at all levels.

The Committee urges the State party to provide the Ministry for Women ’s Empowerment and Child Protection with sufficient authority to coordinate and evaluate all activities relat ing to the implementation of the Convention at all levels. Furthermore, the Committee recommends that the State party take all necessary measures to ensure the cooperation of national, provincial and municipal authorities in the monitoring and implementation of the Convention.

Allocation of resources

The Committee is concerned about the State party’s total health expenditure of only 2,7 per cent of its gross domestic product in 2011, which it considers to be low. Furthermore, while welcoming the significant increase in the annual education budget, the Committee regrets that the budget is not sufficient to ensure education for all children in the State party.

The Committee recommends that the State party:

(a) Substantially increase the budget allocation for health to an adequate level;

(b) Establish mechanisms to monitor and evaluate the adequacy, efficacy and equitability of the distribution of resources allocated to the implementation of the Convention.

Independent monitoring

While noting the capacity of the Child Protection Commission to receive complaints, the Committee regrets that the Commission’s mandate is limited and it lacks the explicit authority to investigate complaints.

I n the light of its general comment No. 2 (2002) on the role of independent human rights institutions, the Committee recommends that the State party take all necessary measures to strengthen the mandate of the Child Protection Commission by providing it with the capacity to investigate and address complaints by children in a child-sensitive manner, ensure the privacy and protection of victims , monitor and follow-up cases . Furthermore, the Committee recommends that the State party ensure the independence of the Commission , including with regards to its funding, mandate and immunities, so as to ensure full compliance with the Paris Principles. To that effect, the Committee recommends that the State party seek technical assistance from, among others, the Office of the United Nations High Commissioner for Human Rights (OHCHR), UNICEF and the United Nations Development Programme (UNDP) , as applicable.

C.General principles (arts. 2, 3, 6 and 12)

Non-discrimination

While welcoming the State party’s gender mainstreaming programme, the Committee is deeply concerned about discriminatory provisions that still remain in national legislation and the prevalence of de facto discrimination, including:

(a)Discrimination against girls regarding inheritance rights and the large number of girls still subject to various discriminatory regulations and everyday discrimination;

(b)Particular discrimination against children with disabilities in access to health care and education;

(c)Ongoing severe discrimination against children belonging to certain religious minorities and the State party’s failure to deter attacks;

(d)Various forms of discrimination against children belonging to indigenous communities, such as insufficient access to education and health care.

The Committee urges the State party to vigorously address all forms of de jure and de facto discrimination and to:

(a) Repeal , without further delay , all laws which discriminate against girls, in particular with regards to inheritance, and eliminate negative attitudes , practices and deep - rooted stereotypes regarding girls by formulating a comprehensive strategy, with a clear definition of targets , and establishing an appropriate monitoring mechanism , and ensur ing that a wide range of stakeholders, including girls and all sectors of society are involved in its coordination so as to facilitate social and cultural change and the creation of an enabling environment that promotes equality;

(b) Take all necessary measures to ensure equal access of children with disabilities to all public services, in particular health care and education;

(c) Take all necessary measures to eliminate discrimination against children based on their religion and end all forms of violence against certain religious minorities ;

(d) Take all necessary measures, in particular improv ing the relevant infrastructure, to provide equal access to public services by children belonging to indigenous communities.

Best interests of the child

The Committee regrets that despite its previous recommendations (CRC/C/15/Add.223, paras. 33 and 34), the principle of the best interests of the child is not integrated into most child-related legislation in the State party. The Committee also notes with concern that decisions regarding adoption and custody are often taken on the basis of the child’s religion, rather than his or her best interests, and that, according to Sharia law applicable to Muslims, in divorce proceedings decisions relating to custody of children are based on their age (CRC/C/15/Add.223, para. 45).

I n the light of its general comment No . 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration , the Committee recommends that the State party strengthen its efforts to ensure that the right of the child to have his or her best interests taken into consideration is explicitly stated in the State party’s domestic legislation and consistently applied in all legislative, administrative and judicial proceedings, as well as in all policies, programmes and projects relevant to and hav ing an impact on children. In th at regard, the Committee encourages the State party to develop procedures and criteria to provide guidance to all relevant persons in authority for determining the best interests of the child in every area, and for giving those interests primary consideration. The Committee also recommends that s uch procedures and criteria be disseminated to the public at large , including public and private social welfare institutions, courts of law, administrative authorities , legislative bodies and religious leaders.

Right to life, survival and development

The Committee is concerned about incidences of forced evictions of families, including children, without offering adequate reparation or alternative housing. Furthermore, the Committee deeply regrets that under the State party’s legislation, forced evictions may be carried out even if they lead to homelessness.

The Committee urges the State party to take all necessary legal measures to ensure that forced