List of issues : Indonesia. 01/07/93.
CRC/C.4/WP.2. (List of Issues)
COMMITTEE ON THE RIGHTS OF THE CHILD
Fourth session
Pre-sessional Working Group
28 June-2 July 1993


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD


List of issues to be taken up in connection with the
consideration of the initial report of Indonesia
(CRC/C/3/Add.10)


General measures of implementation
(Arts. 4, 42 and 44, para. 6 of the Convention)

1. Please provide more details about the process of preparing the report, in particular with regard to popular participation and the involvement of non-governmental organizations,

2. What concrete measures have been taken to make the report widely available to the public at large?

3. What further steps are planned for creating widespread awareness among adults and children about the principles and provisions of the Convention? Is the text translated into some local languages?

4. To what extent have school curricula been adjusted to give room for education about the Convention? What measures have been taken to train professional groups about the Convention?

5. Please describe the precise functions and activities of the National Council of Child Welfare Development as well as the National Committee and Provincial Committees. Are there other national institutions created to promote the rights of the child and monitor implementation? How do these bodies relate to non-governmental organizations?

6. What is the status of the Convention in relation to national law? Can the provisions of the Convention be invoked in court?

7. Please provide information on the measures taken to establish/improve the mechanisms for the collection of statistical data and other information on the status of children as a basis for designing programmes for the rights of the child and indicate whether there is a need for technical assistance in this area.

8. What overall plans exist at present to implement the provisions of the Convention at the national and local levels? Please describe the steps taken to implement article 4 in regard to the allocation "to the maximum extent of (... ) available resources for the rights of the child". Please indicate what proportion of the national budget is allocated to social priorities for children in official budgets, both central and local. What indicators or target figures are used in this context?

9. To what extent is international cooperation designed in order to enhance the implementation of the Convention? What share of international assistance is devoted to programmes which benefit children?

10. Please indicate the consideration behind the reservations to articles 1, 14, 16, 17, 21, 22 and 29 of the Convention. Have there been reviews in order to consider withdrawing these reservations?


Definition of the child
(Art. 1 of the Convention)

1. Please elaborate on the differences of definition of the "child" between national legislation and the Convention.

2. Please provide information on the minimum legal age for criminal responsibility, legal and medical counselling without parental consent, sexual consent, imprisonment.

3. How does the minimum age for admission to employment compare with the age of completion of compulsory schooling (para. 86 of the report)?

4. Please indicate whether in these various respects boys are treated differently from girls and, if so, for what reason?


General principles

Non-discrimination (article 2)

1. Please indicate specific and concrete measures taken to combat discrimination against girls, rural children, disabled children and children belonging to minorities or indigenous communities, What measures are taken to eliminate and prevent discriminatory attitudes and prejudices?

2. What efforts are being made to collect disaggregated data for groups of children on aspects relating to the Convention?




Best interests of the child (article 3)

3. Please indicate in what way the "best interests of the child" are taken into consideration in the legislation as well as in judicial, administrative or other proceedings.

The right to life, survival and development (article 6)

4. Please indicate the steps taken to create an environment conducive to ensuring "to the maximum extent possible" the survival and development of the child.

Respect for the views of the child (article 12)

5. What concrete measures have been taken to sensitize public opinion and educate personnel working with children about the need to encourage children's participatory rights?

6. Please indicate the way in which the principle of respect for the views of the child is reflected in matters affecting the child particularly in judicial and administrative proceedings.


Civil rights and freedoms
(Arts. 7, 8, 13-17 and 37(a) of the Convention)

1. Please indicate measures taken to ensure that all children are registered after birth, including sanctions in case of non or late registration.

2. What steps are being taken to encourage the publication, dissemination and availability to all children of children's literature?

3. What is the status of children from families with another religious faith than those officially recognized?

4. What concrete steps have been taken to investigate cases of ill-treatment of children and prevent its occurrence?

5. Is corporal punishment allowed in schools or other institutions for children? What specific legal provisions exist to protect children from being ill-treated? Are there complaint procedures which can be used by children themselves against such abuses?


Family environment and alternative care
(Arts. 5, 18, paras. 1-2, 9, 10, 27 para. 4, 20, 21, 11, 19 and 39, 25)

1. Is parental education provided for and are family counselling services available?

2. What procedures exist to regulate the care of children of divorced parents? What procedures exist to ensure that the child is not deprived of his/her maintenance?

3. What specific measures are being taken to ensure the right of the child to be in contact with both father and mother in cases of separated parents?

4. How many cases of child abuse within the family have been reported? What legislative measures have been adopted to protect the child from such abuse and maltreatment as laid down in article 19 of the Convention? Is research undertaken into the problem of ill-treatment and sexual abuse of children, including into social factors which influence such violations? What procedures exist for intervention by the authorities in cases where a child needs protection from serious abuse within the family? Can children lodge complaints against abuse or neglect?

5. Have programmes been adopted to prevent and reduce the abandonment of children and, if so, are such programmes adequate?

6. Please indicate the institutions which exist to provide alternative care for children, the number of children in such care and the procedures for monitoring the condition?

7. Are there any training programmes for social workers in the field of children's rights?

8. Please indicate any measures envisaged to prevent and punish corruption and trafficking in the case of inter-country adoption and to monitor and supervise adoption agencies.

9. What is the governmental policy and the general attitude in society regarding the care of disabled children?


Basic health and welfare
(Arts. 6, para. 2, 23, 24, 26, 18, para. 3 and 27, paras 1-3)

1. What proportion of the budget is allocated to health care and to what extent is the health budget oriented towards children? Please comment on the balance between curative and preventive health programmes.

2. What difficulties have been encountered, and progress made, in the implementation of the new health law?

3. Please provide in writing more information and statistical data on the health care system and its functioning, including data on family planning, access to antenatal care and deliveries in hospital and sanitation in both urban and rural areas.

4. Please provide information on the measures taken to improve access to health care, including for girl children/within rural areas/within disadvantaged urban areas.

5. Please provide information on the situation regarding HIV infections among children and parents and on measures taken for treatment as well as prevention of AIDS.

6. Please provide information on the situation of disabled children, including access to education, training, health care services, preparation for employment and recreation opportunities.

7. Please provide information on the functioning of the social security system and how children can benefit from it.

8. Are there any plans to improve the system of education and training for health personnel?


Education, leisure and cultural activities
(Arts. 28, 29 and 31 of the Convention)

1. What portion of the national budget is reserved for education and which portion is allocated to primary education? What are the major items in the primary education budget?

2. What difficulties have been encountered and progress made, in the implementation of the National Education System Law?

3. What programmes exist for preventing school drop-outs? What is being done to facilitate school attendance for children in remote areas? What is done to encourage girls to continue school education?

4. What is the real cost for the family of having a child in school at the different levels? What is being done to allow for children from poor families to continue their education?

5. What measures are taken to develop the quality of education and teaching? What plans are there to ensure a sufficient number of teachers in the school system, to enhance their competence, and to ensure adequate educational facilities? How many teacher training institutions are there and how many teachers graduate from these institutions each year?

6. Please indicate whether children may be taught in local or minority languages.

7. Please provide information on any measures planned to integrate human rights in formal and non-formal education.


Special protection measures

a. Children in situations of emergency (Arts. 22, 38 and 39 of the Convention)

1. What is the minimum age for voluntary and compulsory recruitment to the armed forces?

2. What concrete measures have been taken for the implementation of article 39 of the Convention?

3. Please indicate what measures are taken to restrain armed forces in their response to, for instance, demonstrations in which young people take part as in the case of the November 1991 event in Santa Cruz.

b. Children in conflict with the law (Arts. 37, 39 and 40 of the Convention)

4. Please provide in writing detailed information on the system of administration of juvenile justice and on the situation of children in conflict with the law and, in particular, on the following questions:

- The prohibition of unlawful or arbitrary deprivation of liberty;

- Arrest, detention or imprisonment as a measure of last resort and for the shortest possible period of time;

- The number of children deprived of their liberty and the reasons why;

- The possibility of prompt access to legal and other assistance and of challenging the legality of the deprivation of liberty before a court or other competent, independent and impartial authority;

- Measures taken to implement article 40 of the Convention;

5. Please also provide in writing further information on the treatment of young law offenders and, in particular, on the following questions:

- What types of institutions exist for the custody of young law offenders and what specific official rules are there for their treatment?

- What opportunities are there for contact with families?

- How are the conditions in such institutions monitored?

- Are there complaint procedures in cases of ill-treatment?

- What education and health facilities are there in these institutions?

- What measures are taken for the physical and psychological recovery and social reintegration of children in conflict with the law (art. 39)?

- To what extent have personnel in these institutions received training about the provisions of the Convention and about international rules concerning the treatment of young offenders?

c. Children in situations of exploitation (Arts. 32, 33, 34, 35, 36 and 39 of the Convention)

6. Please provide written information about regulatory statutes and other instructions protecting the child from economic exploitation (art. 32 of the Convention).

7. What exactly is provided in the national law on minimum age for employment? Is there any legislation providing for penalties or other sanctions against employers who exploit minors?

8. Please provide in writing more detailed statistics on the employment of children and indicate in writing if there is any system of reporting by employers on working conditions for employed minors

9. What are the difficulties explaining the non-participation of Indonesia in ILO Conventions relating to the minimum age for child labour?

10. Please indicate whether steps are taken to collect medical evidence about child workers suffering physically or mentally as a consequence of the use of their labour.

11. Please indicate any difficulties encountered and progress achieved in implementing article 32 of the Convention especially with regard to the priorities and specific goals established for its implementation.

12. Please provide information on the existence of and concrete measures to combat the exploitation of children including the sale and use of drugs; sexual exploitation and sexual abuse, including prostitution,

d. Children in minorities or indigenous groups (Art. 30 of the Convention)

13. Please provide information on children belonging to minorities or indigenous groups. What affirmative action is being taken to ensure that these children are not discriminated against in the enjoyment of their rights?


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