[child-rights] CRC 35th: Review of second periodic report of Indonesia

UNITED NATIONS
Press Release

xxxxxxxxxxCOMMITTEE ON RIGHTS OF CHILD REVIEWS SECOND PERIODIC REPORT OF
INDONESIA
xxxxxxxxxx

13 January 2004

The Committee on the Rights of the Child today held a one-day review
of the second periodic report of Indonesia on how that country
protects its children by hearing a Government Minister say that
respecting and fulfilling the rights of children had always been a
priority of the country.

Sri Redjeki Sumaryoto, Minister for the Empowerment of Women, said
respecting and fulfilling the rights of children had always been a
priority, not only on her Government's agenda but also on the
country's national development programmes. Children represented the
nation's most precious, yet most vulnerable asset.

In preliminary concluding remarks, Committee Expert Kamel Filali, who
served as country rapporteur to the report of Indonesia, thanked the
delegation for the valuable information provided to the Committee in
connection to children's rights in Indonesia. Among other things, he
said that it should be recognized that further improvements should be
made and such efforts should continue. The real implementation of the
protection of the rights of children would provide indicators to
enable the Committee to evaluate the achievements made, he added.

The Committee will issue its written, formal concluding observations
and recommendations on the report of Indonesia towards the end of its
three-week session, which will close on 31 January.

Also representing Indonesia were Eddi Hariyadhi, Ambassador and
Deputy Permanent Representative of Indonesia to the United Nations
Office at Geneva; Moeryono Aladin, Member of the Indonesian
Parliament; Nafsiah Mboi, Senior Advisor; Andarus Darahim, Expert
Staff on Inter-Agency Relations, Ministry for the Empowerment of
Women; Rakhmat Sentika, Deputy Minister for Child Protection and
Welfare; Jusuf Supiandi, Deputy Minister for Gender Equality; Asrul
Azwar, Director-General for Community Health Development, Department
of Health; Indrajati Sidi, Director-General for Primary and Secondary
Education; Maswita Djaya, Deputy III of the Coordinating Minister for
Social Welfare; and Pudji Hastuti, Director-General for Social
Service and Rehabilitation, Department for Social Affairs.
Also, Gusti Agung Wesaka Puja, Director for Human Rights,
Humanitarian, Social and Cultural Affairs, Department of Foreign
Affairs; Sri Pardina Pudiastuti, Assistant Deputy, and Murniarti
Soekisno, Assistant Deputy, Ministry for the Empowerment of Women;
Sri Hermiyanti, Director for Family Health, Department of Health;
Byarlina Gyamirti, Assistant Deputy for Child Welfare; Yohandarwati,
Director for Demography, Social Welfare and Empowerment of Women,
National Development Planning Agency; Nina Sardjunani, Director for
Religion and Education Affairs; Djumantoro Purbo, Director for Human
Rights Information System, Department of Justice and Human Rights;
Nur Rasyid, Head of Centre for Analyses on the Protection of
Vulnerable Groups, Human Rights Research and Development Board; Heru
P. Kasidi, Head of Bureau for Planning and Foreign Cooperation;
Sudaryanto, Director for Women and Child Norms, Department of Labour
and Transmigration; and Makmur Sanusi, Nahar and Andualusi
Aristapuri, members of the delegation.

As one of the 192 States parties to the Convention, Indonesia must
provide periodic reports on its efforts to implement the provisions
of the treaty. The Indonesian delegation was on hand throughout the
day to present the report and to answer questions raised by Committee
Experts.

When the Committee reconvenes at 10 a.m. on Wednesday, 14 January, it
is scheduled to review the initial report of Guyana (CRC/C/8/Add.47).



Second Periodic Report of Indonesia

The second periodic report of Indonesia (CRC/C/65/Add.23) provides
details on the implementation of the provisions of the Convention on
an article-by-article basis. It also highlights administrative,
legislative and judicial measures undertaken by the State party in
order to implement the treaty. It says that the Government attaches
great importance to the rights of the child and has tried to
implement all possible and necessary measures to ensure that those
rights are respected.

The report says that the Government is currently finalizing the
National Programme for Children through the year 2015. The 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.

On the issue of discrimination, the report says that with the new law
enacted in 1999, children and parents belonging to religious groups
will no longer be subjected to discriminatory practices. They will
have equal access to basic education and health care services and
will be allowed to enjoy their own culture, practice their own
religion and use their own language.


Introductory Statement

SRI REDJEKI SUMARYOTO, Minister for the Empowerment of Women of
Indonesia, said respecting and fulfilling the rights of children has
always been a priority not only on her Government's agenda but also
on the country's national development programmes. Children
represented the nation's most precious, yet most vulnerable asset.
Following the 1990 World Summit for Children and its Plan of Action,
Indonesia had undertaken policy adjustments towards reaching the
goals set by the Summit. Those comprehensive measures had resulted in
marked progress in reaching the targets set for the year 2000,
particularly in the field of promoting child health, women's
education and family welfare.

Ms. Sumaryoto said that the Government's performance with regard to
implementing the Convention had suffered a severe setback in 1997 as
a result of the economic crisis besetting the country. The sharp
decline in the country's national capacity in general had undermined
all of the achievements made prior to the crisis, especially those
accomplished in child welfare. That bleak picture had unfortunately
been accompanied by the increasing rates of infant and children under
five mortality and malnutrition, and by growing numbers of school
dropouts, street children and child labourers. That same period had
also been characterized by a reform process towards a more democratic
society, and had led to some notable progress with regard to the
rights of the child, particularly in the field of civil and political
rights.

The second periodic report recorded the important developments that
had taken place in the country since July 2000 with regard to the
national implementation of the Convention, the Minister said. The
decline recorded in the first period had now been reversed and
Indonesia's economy was gradually recovering and the national
capacity in general had been significantly strengthened. A strategic
approach was developed to make children's rights and their protection
a reality and to integrate them into political decision-making at all
levels. Along with the advances made in terms of civil and political
rights, children were now also able to participate in the
decision-making process on matters relating to their interests.

Ms. Sumaryoto said that the implementation of the law on regional
autonomy was another important development. Almost all the powers of
the central Government, with the exception of matters such as foreign
relations, defence and security, were delegated to regional
governments at provincial and district levels. Those developments had
resulted in regional governments sharing part of the State's
responsibility to implement aspects of the Convention.


Discussion

KAMEL FILALI, the Committee Expert who served as country rapporteur
to the report of Indonesia, thanked the Government of Indonesia for
the considerable attention provided to children in the country. The
progress made towards the protection of Indonesia's children remained
confronted with difficulties in its efforts to fully implement the
provisions of the Convention. He suggested that Indonesia's
legislation concerning child rights should be improved;
decentralization of the efforts should be continued; and the
Government should encourage the involvement of non-governmental
organizations working on children's protection.

Mr. Filali asked about the position of the delegation on the
reservations made by the State party, which had hindered the
application of some of the provisions of the Convention. He stressed
that the Committee would like to see that other conventions related
to the protection and promotion of the rights of the child were
ratified and implemented by Indonesia. He encouraged the practical
implementation of ambitious legislative measures adopted by the State
party to foster the rights of children.

Another Expert said that since the Convention was adopted by a
presidential decree, its implementation had been delayed in some
instances. Its conversion into an act might be much better.
Referring to the Commission of the Rights of Children, an Expert
asked about its real function at the level of provinces. Were there
plans of action at the district and provincial levels? What kinds of
indictors were used to evaluate the implementation of the Convention?
Did children participate in decision-making processes in the family
and schools?

On the training of professionals, another Expert asked whether all
those coming in contact with children, such as the police, judges and
other law enforcing agents, were given training on the promotion and
protection of children. What measures were taken to prevent early
marriages? Traditionally, girls got married at the age of 16. What
measures were taken to deal with HIV/AIDS, suicides among the youth,
and drug abuse?

The age for sexual consent was 12 years, another Expert said, adding
that the age was too low and should be raised. Eight years was the
minimum age for criminal responsibility, which was also too low. The
State party should increase both those age groups.

Another Expert said that there were a number of institutions
established in relation to the Paris Principles, such as the Human
Rights Commission and the Commission for the Rights of Children. How
independent were those institutions in their functions and decisions?
Responding, the Indonesian delegation said that more than 34 per cent
of married women got married before the age of 15, while the rate of
men marrying young was low.

Child participation in decision-making concerning them had been made
a priority in the effort to protect and promote children's rights,
the delegation said. With the motto of "I am an Indonesian Child",
the Government had launched a programme to raise awareness among the
population.

Following the ratification of the Convention, several legislative
provisions had been reviewed to make them compatible with the treaty,
the delegation said. A number of laws had also been adopted in order
to facilitate the implementation of the treaty and to enhance the
protection and promotion of the rights enshrined in it.

Asked about Indonesia's reservations on some of the provisions of the
Convention and whether it intended to withdraw them, the delegation
said that with the ongoing amendments of the Constitution and other
subsequent legislation, the Government was envisaging to withdraw its
reservations on the Convention.

The reform process on decentralization had transferred power to the
provincial and district levels, including the implementation of the
provisions of the Convention, the delegation said. Although the
problem of collecting aggregated national data on children still
persisted, progress was being made with the new decentralized power
sharing system.

Reacting, an Expert said that only the central Government was
accountable for the full implementation of the provisions of the
Convention. The State party should not therefore leave all the
responsibility to the provinces and districts.

Indonesia was changing from being a centralized to a decentralized
nation, the delegation said. The changes also included the
educational system and a change was being made in the curriculum. The
national budget allocated to education had been 20 per cent of the
country's budget. However, this target had not been fully
implemented; and the Government was making all efforts to increase
the quality of education. Some districts and provinces were putting
more money on education and on activities related to children's
rights. Assistance channelled through international cooperation was
also contributing to the expansion of education.

Committee Experts continued to raise further questions. An Expert
asked about the status of children born out of wedlock; the payment
of alimony to a parent; the situation of adoption under the Islamic
"kafala" system; and who was awarded custody in the event of divorce
under Islamic law.

Another Expert recalled that the Government had introduced a series
of laws with regard to the freedom of thought but there were no
indications in the report on how those laws had been implemented in
practice. The delegation was asked to provide information on the
issue.

An Expert asked how Indonesian nationality was obtained by foreign
children born and living in the country. Was there a law prohibiting
corporal punishment in schools? How did the authorities handle
incidents of bullying and violence in schools?

On child sexual abuse, another Expert said that the Government had
affirmed that such incidents occurred outside the child's home by
perpetrators who were not related to the family of the child. What
measures were taken to avert such situations? What steps were
undertaken to prevent disability and the spread of communicable
diseases? What progress had been made in extending breastfeeding?

Primary education was not free as it should be, another Expert
commented. The payments were made in terms of uniforms, books and
other materials. The rate of school dropouts was very high in the
country; what efforts were made to correct the situation. How did the
Government recruit teachers? How high was the percentage of youth
unemployment in the country.

Several Experts encouraged the Government of Indonesia to ratify the
1993 Hague Convention on Protection and International Cooperation in
Matters of Child Adoption.

In response, the delegation said that the country's educational
system was undergoing a reform, which included the redrafting of the
curriculum and changing the manner in which teachers were trained.
Although the nine years of primary schooling were compulsory,
financial implications in the system encouraged dropouts. However,
the Government was granting scholarships to children who were in need
to encourage them to continue with their studies. Among secondary
school students, only 20 per cent went on to university while the
rest worked, some of them after receiving vocational training.

The Islamic religious educational system -- madrassas --
accounted for 20 per cent of education in Indonesia, the delegation
said. The madrassas were mainly subsidized by the private sector. The
Government provided teachers and materials for Government madrassas,
which were directly supported by the State.

The Government was promoting a new policy on health, the delegation
said. A programme had also been launched to support health centres so
that they provided basic health care facilities. The immunization
programme had also been encouraged with the community being called on
to participate in the process. In remote areas, sub-health centres
had been expanded with a community midwife assigned to each centre.
Since Indonesia was made up of more 70,000 islands, more efforts had
been made to serve all people living in the territories.

The Indonesian Government was supporting the World Health
Organization (WHO) standard of a six-month breastfeeding period and
efforts were being made to spread this among all mothers, the
delegation said. The State was also making additional milk supplies
easily available to mothers.

The pattern of HIV/AIDS had shifted from the previous situation where
it affected sexually active individuals, the delegation said. The use
of condoms was now frequent and people received awareness raising
lessons, organized by the State and non-governmental organizations.
The number of victims infected by HIV/AIDS was estimated at 130,000.
Among the 1.5 million persons with disabilities, 20 per cent were
children, according to data obtained in 2001, the delegation said.

The number of children with disabilities could increase as the
population grew. The Government had made efforts to strengthen
rehabilitation centres for such children. Other measures were also
taken to integrate children with disabilities into the society by
providing them with vocational training. The capacity of the
community was also being strengthened to take care of children with
disabilities in their own communities.

The Government issued birth certificates when it was requested to
through the registrar officers, the delegation said. However, only
25.7 per cent of children below five years of age possessed birth
certificates. By 2015, all Indonesian children under five years old
should be in a possession of birth certificates.

Last year, 130 cases of trafficking in persons and child abuse had
been brought before the courts, the delegation said, and the
perpetrators of the acts had been punished. The Government was
engaged in fighting the phenomenon of trafficking in women and
children for sexual exploitation. The victims of such exploitation
were supported by the State and special programmes were launched to
rehabilitate them. International organizations were actively involved
in the Government's efforts to combat acts of trafficking in persons.

On child adoption, the delegation said that Indonesia applied three
systems of adoption: customary, Islamic and positive law adoption.
Indonesians and international adopting parents were eligible for the
three forms of adoption. However, every effort was made for the child
to be brought up by his or her relations or with the blood parents.
Indonesian courts decided on adoptions before a child was handed over
to the adopting parents. With regard to inter-country adoptions, the
aspiring parents should receive the approval of the courts, after
staying for three months in the country, in order to protect the best
interest of the child. The adoption system gave priority to

Indonesian parents of the same religion; and adoption by foreigners
was considered as a last resort.

Violence in schools had diminished, thanks to the concerted efforts
of teachers, the police and parents, the delegation said. Fighting
among students had been a common phenomenon in the past. A "Student
Conduct Regulation" had been introduced within the school system to
strengthen students' discipline.

The Committee Experts continued to raise further questions. Among
other things, an Expert said that the number of juvenile courts in
Indonesia was decreasing. With regard to judicial errors, what
remedies were available in the event that such mistakes were
committed? What measures were taken to accommodate children in
prisons, who were believed to be living in bad conditions?

Another Expert asked if children were kept separately from adults
during their incarceration. The delegation was asked about the
situation of children in prisons, which she suspected, based on
reports, was pretty bad. She also asked about the fate of refugee
children in the country. An Expert asked about the measures
undertaken concerning the 3,000 child prisoners cohabiting in adult
cells. The Expert also asked if the State party was envisaging
ratifying the two Optional Protocols to the Convention, which it had
already signed.

Responding, the delegation said that according to the law on child
criminal responsibilities, a child was only brought before the
juvenile courts at the age of eight, but could not be punished for
the offence he or she had committed. The child could be returned to
his or her parents for rehabilitation purposes. The Government was
making further efforts to harmonize all the age groups to bring them
in line with the provisions of the Convention.

Asked about the involvement of children in the armed conflict in
Aceh, the delegation said that the Government had imposed martial law
there in 2003 in order to provide integrated assistance to the
population in Aceh. Measures accompanying the law included
rehabilitation programmes for displaced persons and children affected
by the armed conflict. More than 5,000 children were provided with
education with the help of the Government. In some areas, since
rebels had burnt down schools, the Government had been obliged to
build temporary school classes.

The Government of Indonesia had never used children to fight against
the rebels in Aceh, the delegation said. To the contrary, the rebels
were utilizing children in their ranks to combat Government soldiers.
The two Optional Protocols to the Convention could be ratified by
2005 or 2006, the delegation said. The legislators were preparing the
legal ground for their ratification.


Preliminary Concluding Remarks

KAMEL FILALI, the Committee Expert who served as country rapporteur
to the report of Indonesia, thanked the delegation for the valuable
information provided to the Committee in connection with children's
rights in Indonesia. It should be recognized that further
improvements should be made and such efforts should continue. The
real implementation of the protection of the rights of children would
provide indicators to enable the Committee to evaluate the
achievements made. The Committee recognized the problem faced by the
State party in collecting disaggregated data on children. Further
training of officials in all fields related to children's rights was
essential.


Concluding Remarks by Delegation

EDDI S. HARIYADHI, Ambassador and Deputy Permanent Representative of
Indonesia to the United Nations Office at Geneva, said his Government
wished to see the dialogue with the Committee continue on a regular
basis. The delegation had come before the Committee for guidance and
assistance on how it could further implement the provisions of the
Convention. The Committee's recommendations would be helpful to the
Government in its actions in favour of children's rights. He
expressed thanks for the assistance provided by the United Nations
Children's Fund (UNICEF). He also invited the Committee members to go
to Indonesia and see the reality with their own eyes.





--
The "child-rights" mailing list provides information on issues related
to children's human rights. Archives of "child-rights" messages, as well
as instructions on how to (un)subscribe to the list, can be found at:
http://www.hrea.org/lists/child-rights/markup/maillist.php