List of issues : Indonesia. 27/10/2003.
CRC/C/Q/IDN/2. (List of Issues)

Convention Abbreviation: CRC
COMMITTEE ON THE RIGHTS OF THE CHILD
35th session
Pre-sessional Working Group
6-10 October 2003


IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD

List of issues to be taken up in connection with the consideration of the
second periodic report of

INDONESIA
(CRC/C/65/Add.23)

Part I

Under this section the State party is requested to submit in written form additional and updated information, if possible, before 28 November 2003.

A. Data and statistics, if available

1. Please provide disaggregated data (by gender, age groups, provinces, ethnic and religious groups, urban or rural areas) for the years 2000, 2001 and 2002 on the number and proportion of children under 18 living in the State party.

2. Please provide disaggregated data (by gender, age groups, provinces, ethnic and religious groups, urban or rural areas) for the years 2000, 2001 and 2002 on the number and proportion of internally displaced children and of refugee children, referred to in §3 of the State party report.

3. Please provide disaggregated data (by gender, age groups, provinces, ethnic and religious groups, urban or rural areas) for the years 2000, 2001 and 2002 on the number and proportion of children living in the streets, referred to in §354 of the State party report.

4. Please provide updated disaggregated data (by public/private/religious schools, gender, age group, social categories, provinces, and urban or rural area) for the years 2000, 2001 and 2002 on (a) the enrolment and completion rates in percentages of the relevant group in primary and secondary schools, (b) the number and percentages of children dropping out of schools and (c) the number and percentages of children not attending schools.

5. Please provide disaggregated data (by gender, age groups, ethnic and religious groups, provinces, urban or rural area, and if possible disaggregated by national and regional level) for the years 2000, 2001 and 2002 on the number of children using drugs and narcotics.

Provide information on programmes implemented to raise awareness about drug abuse related issues (such as transmission of AIDS).

6. In light of article 4 of the Convention, please provide additional data (by region) for 2000, 2001 and 2002, on budget allocations and trends (in percentages of the national and regional budgets or GDP) allocated to the implementation of the Convention, particularly for the following services/activities:
a) Education, including pre-school, primary, secondary and special;
b) Health care, including primary, adolescent and other child related health services;
c) Social welfare and support programmes for families, including families displaced by the conflict;
d) Protection of children who are in need of alternative care including the support of care institutions;
e) Programmes and activities for the prevention of and protection from child abuse and child sexual exploitation and child labour;
f) Juvenile justice; and
g) Children with disabilities.
Please also indicate the percentages of these allocations derived from international sources.

7. With reference to children deprived of a family environment and separated from parents, please provide disaggregated data (by age and gender) for the years 2000, 2001 and 2002 on the number of children:
a) Separated from their parents;
b) Placed in institutions;
c) Placed with foster families;
d) Adopted domestically or through inter-country adoptions.

8. Please provide disaggregated data (by gender, age groups, provinces, ethnic and religious groups, urban or rural areas) for the years 2000, 2001 and 2002 on:
a) The total number of children with disabilities;
b) The number of children with disabilities living at home and in institution; and
c) The number of children with disabilities enrolled in regular education or special education systems.

9. With reference to child abuse, including sexual abuse, please provide disaggregated data for 2000, 2001 and 2002 (by age groups, gender, provinces, ethnic and religious groups and types of violations reported), on the:
a) Number of cases of child abuse reported to police or social or other services;
b) Average duration of the case from the time of reporting to a court decision, and please indicate the proportion of those cases in which the victim was removed from her/his family and where he or she was placed;
c) Number and proportion of victims that have received counselling and assistance in recovery.

10. Please provide information on the rate of infant and child mortality and of malnutrition for the years 2000, 2001 and 2002. Furthermore, please provide disaggregated statistical data (including by gender, age, region) for the years 2000, 2001 and 2002 on early pregnancy, sexually transmitted infections (STIs), mental health, suicide, alcohol and tobacco abuse. Also, please provide numbers of health professionals working in the health care services for children.

11. Please provide recent disaggregated statistical data (including by gender, age groups, region) for the years 2000, 2001 and 2002 on children infected or affected by HIV/AIDS, as well as information on programmes implemented to address the problems of infected children.

12. Please provide statistical data (including, where relevant, by gender, age, type of crime) for the years 2000, 2001 and 2002 on the:
a) Number of minors who allegedly committed a crime reported to the police;
b) Number of minors subject to criminal procedures who were sentenced by Courts to sanctions, and the nature of sanctions (community service; detention; other types of sanctions);
c) Number of juveniles detained and imprisoned, the location of their detention or imprisonment (e.g. police station, jail, whether separate of together with adults, or other);
d) Number of suspended sentences;
e) Percentage of recidivism cases.

13. With reference to special protection measures please provide, and evaluate, statistical data (including by gender, age, province and municipality, per year) for the years 2000, 2001 and 2002 on:
a) Number of children involved in sexual exploitation, including prostitution, pornography and trafficking, and the number of children provided with access to rehabilitation and other assistance;
b) Number of children involved in child labour (formal and informal sector).

B. General Measures of Implementation


1. The Committee would appreciate receiving further information on concrete activities related to recommendations contained in the Committee's previous concluding observations (CRC/C/15/Add.25 of 24 October 1994), which have not been implemented, in particular those related to the reform of the legislation on the legal age of marriage (§9), the reform of the child labour (§17), and the juvenile justice system (§20). Please explain the obstacles to implementation and how the State party envisages overcoming them.

2. In light of the previous Committee's recommendation (CRC/C/15/Add.25, §5) and of the recommendations adopted in the Declaration and Plan of Action of the Vienna World Conference on Human Rights (1993), please indicate what consideration has the State party given to the possibility of reviewing its reservation upon articles 1, 14, 16, 17, 21, 22 and 29 of the Convention with a view to its withdrawal.

3. Please provide information on the recently adopted Child Protection law and indicate to what extent this law contributes to the full compliance of domestic legislation with the principle and provisions of the Convention on the Rights of the Child. Please also indicate how religious customs and laws are made compatible with the provisions and principles of the Convention.

4. Please also specify whether the Convention has been directly invoked in court, and if so, provide some examples.

5. Please provide information on which body is in charge of the implementation of the Convention [mandate, human and financial resource, etc.] If any overlap or duplication exists in the functions of the various ministries, what is done to remedy this?

6. Please provide additional information on the follow-up to the National Programme for Children in Indonesia until 2003, and if there is currently another National Plan of Action, please provide additional information on its contents and implementation. In particular, please advise whether UNGASS and the World Fit for Children are included in the new Plan of Action. Please also

7. Please provide information on the status, functioning and role of the Child Protection Agency (Lembaga Perlindungan Anak or LPA) and of the National Commission for Child Protection in monitoring the implementation of the Convention. Does this structure also ensure the monitoring of the National Plan of Action on Human Rights and of the National Programme for Children? Is this institution also competent to address individual complaints?

8. Please provide detailed information on the 1997 Social Safety Net Programme (referred to in §30 of the State Report).

9. In light of article 4, please explain how the State party has allocated budgets and other resources in order to fulfil its obligations under the Convention. Please indicate the extent to which social services for children were taken into account when negotiating loan agreements and structural adjustment programs with international financial institutions.

10. Please provide further information on the decentralization process, in particular on its effects on the enjoyment of their rights by children.

11. Please provide additional information on how governmental institutions cooperate with non-governmental organisations, especially with reference to the participation of representatives of civil society in the design and implementation of policies and programmes for children.

12. Please indicate the issues affecting children that the State party considers to be priorities requiring the most urgent attention with regard to the implementation of the Convention.

13. Please indicate whether the decrees No. 1/2002 and 2/2002 on the Eradication of Criminal Acts of Terrorism, in particular the death penalty sentence provided for in these decrees, apply to alleged offenders under the age of 18 years.

Part II

1. Please provide copies of the text of the Convention on the Rights of the Child in all official languages of the State party as well as in other languages or dialects, when available. If possible, please submit these texts in electronic form.

Part III

1. Under this section, the State party is to briefly (3 pages maximum) update the information provided in its report with regard to:

- new bills or enacted legislation,
- new institutions;
- newly implemented policies;
- newly implemented programmes and projects and their scope.

Part IV

1. The following is a preliminary list of major issues (that does not contain issues already covered in Part I) that the Committee intends to take up during the dialogue with the State party. They do not require written responses. This list is not exhaustive as other issues might be raised in the course of the dialogue.

1. Coordination and monitoring of the implementation of the Convention.
2. Accessibility to children, functioning, role and effectiveness of the Child Protection Agency (Lembaga Perlindungan Anak or LPA) and of the National Commission for Child Protection.
3. Corporal punishment at home, in schools and in institutions.
4. Child abuse and neglect, including sexual abuse.
5. Alternative care for children separated from their families.
6. Children affected by HIV/AIDS.
7. Ongoing reforms of the education system.
8. Ongoing reforms of the health system.
9. Children of migrant workers.
10. Children affected by armed conflict in their access to education and health services, including child soldiers, displaced, refugee and returnee children.
11. Demobilization and reintegration of child combatants.
12. Economic exploitation.
13. Sexual exploitation, in particular domestic workers, and trafficking.
14. Juvenile justice.


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