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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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CCPR/C/IDN/CO/1
Last Reported: 10 and 11 July 2013 Concluding Observations issued: 21 August 2013
Issues raised and recommendations given:
Female Genital Mutilation: The Committee regrets the State party’s issuance of Regulation No. 1636 of 2010, following a fatwa (ruling) by the Ulema Council, which permits medical practitioners to perform female genital mutilation (FGM), including on 6-month-old babies. The Committee regrets the State party’s explanation that a previous ban against FGM led to an increase in its practice by non-medical practitioners, exposing women to grave risks of harmful forms of FGM and that the current regulation would better protect women. The State party should repeal Ministry of Health Regulation No. 1636 of 2010, which authorizes the performance of FGM by medical practitioners (medicalization of FGM).
In this connection, the State party should enact a law that prohibits any form of FGM and ensure that it provides adequate penalties that reflect the gravity of this offence. Furthermore, the State party should make efforts to prevent and eradicate harmful traditional practices, including FGM, by strengthening its awareness-raising and education programmes. In this regard, the national-level team established to develop a common perception on the issue of FGM should ensure that communities where the practice is widespread are targeted in order to bring a change in mindset. (art. 7) (Para. 12)
Religion: The Committee takes note that the State party is currently in the process of formulating a bill that will serve as a legal framework to enhance religious tolerance. The Committee also acknowledges the efforts of the State party to reform the school curricula in order to provide the possibility for students of various religious backgrounds to study the religion to which they adhere. The Committee further notes that religion is taught at schools as a compulsory subject and that the State party intends to only partly extend the list of religions to be taught. However, it does not intend to provide students with a choice among religions in which to be instructed, and it does not intend to provide a possibility to avoid religious education altogether.
The Committee is of the view that the right to freedom of thought, conscience and religion implies not only the freedom to accept and follow particular religions or beliefs but also the right to reject them. The Committee recalls its general comment No. 22 and reminds the State party that “public education that includes instruction in a particular religion or belief is inconsistent with article 18(4) unless provision is made for non-discriminatory exemptions or alternatives that would accommodate the wishes of parents and guardians” (general comment No. 22, para. 6). The Committee, therefore, recommends that the State party reform the education curricula to promote religious diversity as well as to ensure that the preferences of believers and of non-believers are both accommodated. (arts. 2 and 18) (Para. 26)
Marriage: The Committee is concerned at reports of the prevalence of the practice of polygamy and that the minimum age of marriage for girls is 16 years whereas it is 19 years for boys. The Committee is also concerned at reports of the persistence of early marriages among girls in the State party. The State party should take appropriate measures to ensure that its legislation effectively prohibits polygamy and is effectively implemented, and conduct awareness campaigns among the population, in particular among women, on its prohibition and its negative effects. The State party should review its legislation in order to prohibit early marriages. The State party should further strengthen measures to combat early marriage by putting in place mechanisms in the provinces and by pursuing community awareness-raising strategies focusing on the consequences of early marriages. The State party should also collect data on polygamy and early marriages and provide it to the Committee in its periodic report. (arts. 2, 3, 24 and 26) (Para. 29)
Children born out of wedlock: The Committee welcomes Constitutional Court Decision No. 46/PUU-VIII/2010 of 17 February 2012, which clarifies Law No. 1 of 1974 on marriage with regard to the right of inheritance of children born out of wedlock. However, the Committee is concerned that no efforts have been made to revise the law, which leaves it to the public and authorities to interpret and implement the Constitutional Court decision. In the light of the decision of the Constitutional Court on the right to inheritance for children born out of wedlock, the Committee urges the State party to take legislative steps to revise the Law on marriage and relevant legislation in line with the decision of the Constitutional Court and the Covenant. (arts. 2 and 24) (Para. 30)
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UN Committee on Economic, Social and Cultural Rights
E/C.12/IDN/CO/1
Last reported: 30 April and 1 May 2014 Concluding Observations issued: 23 May 2014
Issues raised and recommendations given:
Child marriage: The Committee is concerned that child marriage is still practised in the State party. The Committee also regrets the lack of information on relevant legal control. The Committee urges the State party to prevent child marriages, in law and in practice, and to ensure the effectiveness of legal controls with a view to punishing individuals performing and facilitating child marriages. (art.10) (Para. 22)
Child labour: The Committee is concerned about the large number of children involved in labour, including in hazardous work. The Committee is also concerned that measures taken, which in 2014 for instance seek to reach out to 15,000 children, are not proportionate to the extent of the problem which concerns millions of children. The Committee urges the State party to: (a) take further measures and invest resources proportionate with the extent of the problem; (b) ensure effective labour inspections in all work environments and hold employers found exploiting child labour accountable; (c) provide rehabilitation to victims of child labour; (d) undertake awareness-raising campaigns with a view to addressing the social acceptance of the worst forms of child labour. (Para. 23)
Female Genital Mutilation: The Committee is concerned that female genital mutilation (FGM) is practiced in the State party. Moreover, while noting the information provided by the State party that a law prohibiting FGM was enacted in 2014, the Committee is concerned that an earlier prohibition of the performance of FGM by medical personnel was reversed. The Committee urges the State party to effectively enforce the prohibition of FGM. The Committee also calls on the State party to raise awareness of the prohibition of FGM and to conduct culturally sensitive education campaigns against FGM. (Para. 25)
Sexual and reproductive health: The Committee expresses concern at the increase in the maternal mortality rate in the State party due, amongst others, to insufficient sexual and reproductive health services as well as legal and cultural barriers to their access. The Committee calls on the State party to address disparities in the availability and quality of maternal health care services, including by putting into place pre-service training, in-service training, supervision and accreditation of facilities. The Committee also calls on the State party to ensure access to sexual and reproductive health services to unmarried women and teenagers as well as to married women without the consent of spouses. (art. 12) (Para. 32)
Education: The Committee is concerned that the lack of education services or their poor quality in some areas, including cases where teachers do not report to duty, leave the State party with a large number of illiterate persons. It is also concerned at indirect costs borne by parents and at higher drop-out rates among girls (art. 13). (Para. 35)
The Committee urges the State party to ensure quality and culturally adequate education, especially in remote areas, including by ensuring that resources invested and programmes such as the operational assistance for schools lead to effective enjoyment of the right to education. The Committee also recommends that the State party ensure that primary education is free of charge and that it take measures, including awareness-raising, to address school dropout among girls. Moreover, the Committee recommends that the State party introduce, in consultation with local communities, education in local languages where appropriate.
Higher education: While noting the process of privatization of higher education, the Committee regrets the lack of information on measures taken to ensure that higher education remains accessible to all. The Committee recommends that the process of privatization of higher education is accompanied by measures for ensuring that it remains equally accessible to all, on the basis of capacity. (art. 13) (Para. 36)
UN Committee on the Elimination of Racial Discrimination
CERD/C/IDN/CO/3
Last Reported: 8 and 9 August 2007
Concluding Observations issued: 17 August 2007
Issues raised and recommendations given:
Religion: While noting the statement made by the delegation that there are no "recognised" or "non-recognised" religions in Indonesia, the Committee expresses concern at the distinction made between Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism, which are often referred to in legislation, and other religions and beliefs. The Committee is concerned at the adverse impact of such a distinction on the rights to freedom of thought, conscience and religion of persons belonging to ethnic groups and indigenous peoples.
It notes with particular concern that under Law No. 23 of 2006 on Civic Administration, individuals are required to mention their faith on legal documents such as identity cards and birth certificates, and that those wishing either to leave the column blank or to register under one of the "non-recognised" religions reportedly face discrimination and harassment. The Committee also notes with concern that men and women of different religions face great difficulties in officially registering their marriages, and that their children are not provided with birth certificates, as acknowledged by the State party (arts. 2 and 5)
The Committee recommends that the State party: (a) Treat equally all religions and beliefs and ensure the enjoyment of freedom of thought, conscience and religion for ethnic minorities and indigenous peoples; (b) Remove the mention of religion on identification cards in order to be in line with the objectives of the Convention, and to extend such a policy to all legal documents; (c) Adopt legislation allowing individuals to contract a civil marriage if they so wish. (Para. 21)
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/IND/CO/5
Last Reported: 27 July 2007
Issues raised and recommendations given:
Marriage law: The Committee is concerned about the discriminatory provisions in the Marriage Act of 1974, which perpetuate stereotypes by providing that men are the heads of households and women are relegated to domestic roles, allow polygamy and set a legal minimum age of marriage of 16 for girls. The Committee is also concerned about the lack of progress in the law reform process with respect to marriage and family law, which allows the persistence of discriminatory provisions that deny women equal rights with men. In particular, it expresses concern that amendments to the Marriage Act of 1974 have not yet been completed, although the Committee expressed concerns about the discriminatory provisions in this Act in its previous concluding comments.
The Committee urges the State party to: (a) Take immediate steps to revise the Marriage Act of 1974 in accordance with its obligations under the Convention and with the Committee's general recommendation 21, the Convention on the Rights of the Child and the State party's expressed intention to amend the law without delay; (b) Put in place an effective strategy with clear priorities and timetables to eliminate discrimination against women in the areas of marriage and family relations. (Paras. 18-19)
Genital mutilation: The Committee is concerned about the incidence of the practice of female genital mutilation in Indonesia, which constitutes a form of violence against women and girls and is in violation of the Convention. It is further concerned about the reported phenomenon of the medicalisation of the practice of female genital mutilation. The Committee is also concerned that there is no law prohibiting or penalising the practice of female genital mutilation in Indonesia.
The Committee urges the State party to: (a) Speedily enact legislation prohibiting female genital mutilation and to ensure that offenders are prosecuted and adequately punished; (b) Develop a plan of action and undertake efforts to eliminate the practice of female genital mutilation, including implementing public awareness-raising campaigns to change the cultural perceptions connected with female genital mutilation, and provide education regarding the practice as a violation of the human rights of women and girls that has no basis in religion. (Paras. 20-21)
Trafficking: While the Committee notes with appreciation the enactment of the Law on Anti-Trafficking in 2007 and the development of a National Plan of Action on the Elimination of Trafficking in Women, the Committee is concerned about the persistence of trafficking of Indonesian women and girls, both domestic and cross- border trafficking. The Committee is also concerned about the low rates of prosecution and conviction of traffickers and those who exploit the prostitution of women.
The Committee calls upon the State party to: (a) Ensure that legislation on trafficking is fully enforced and that the national action plan and other measures to combat human trafficking are fully implemented; (b) Intensify its efforts to combat the trafficking and sexual exploitation of women and girls by addressing the root causes, in particular women's economic insecurity; (c) Enhance measures aimed at improving the social and economic situation of women and at providing them with alternative means of obtaining a livelihood, so as to eliminate their vulnerability to traffickers, and to put in place services for the rehabilitation and reintegration of victims of trafficking; (d) Intensify international, regional and bilateral cooperation with countries of transit and destination for trafficked women and girls to further curb this phenomenon; (e) Provide in its next report detailed information, including statistical data, on trends in trafficking and on court cases, prosecutions and victims assisted, as well as the results achieved in prevention. (Paras. 24-25)
Education: The Committee is concerned about limits and obstacles to access for girls and young women to education at all levels, especially at the secondary and tertiary levels. It is also concerned about obstacles in access to education for girls who live in rural or remote areas. The Committee is further concerned about the low representation of girls and women in non-traditional academic and professional fields, in particular science and technology, and in decision-making positions in the education sector, such as school principals. The Committee is also concerned that there is insufficient awareness among teachers and children of the Convention, human rights, women's rights and children's rights in general.
The Committee urges the State party to: (a) Ensure equal opportunities for girls and women in education at all levels and to take measures to ensure that women and girls in rural and remote areas are equally able to receive a quality education; (b) Develop measures aimed at the diversification of women's academic and professional choices, including in non-traditional fields, and to closely monitor the career development of women to the highest levels of the educational system in order to ensure equal access of women and men and prevent and eliminate hidden or indirect discrimination faced by women; (c) Enhance the training of teaching staff in regard to gender equality issues; (d) Disseminate information on the Convention in programmes in the educational system, including human rights education and gender training, and to provide parenting education on these issues, with a view to enhancing gender-sensitive socialisation and child-rearing processes. (Paras. 30-31)
Family planning: While the Committee welcomes the reintroduction of the "Mother Friendly Movement" to combat maternal mortality, it is concerned about the high rates of maternal and infant mortality in Indonesia. The Committee is also concerned about the lack of family planning education and the difficulty in accessing contraceptives, which result in a high rate of abortions and teenage pregnancies. While the Committee also appreciates the efforts of the State party to revise the Population Law to ensure that birth certificates are available to the poor, the Committee is concerned that a lack of information, bureaucratic obstacles and financial barriers may prevent poor and rural women from obtaining birth certificates and registering births and notes that the inability to access such services has been linked to the medicalisation of female genital mutilation and to trafficking in females.
The Committee urges the State party to: (a) Continue its efforts to ensure that women have equal access to appropriate and adequate health services, including in rural areas, that obstetric and maternal health needs are adequately addressed and that maternal mortality rates are reduced; (b) Make full use of the Committee's general recommendation 24 on women and health; (c) Take measures to guarantee effective access of women and girls to information and services regarding sexual and reproductive health and contraception in order to reduce the rate of unsafe abortions and teenage pregnancy; (d) Take legislative and practical steps to ensure that births can easily be registered and birth certificates obtained free of charge; (e) Implement public awareness-raising campaigns and take concrete measures to ensure that poor and rural women are aware of the requirements relating to birth registrations and certificates and are able to fully access the birth certificate and registration services provided by the Government; (f) Provide information on the impact of measures taken by the Government in these areas in its next report. (Paras. 36-37)
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CAT/C/IDN/CO/2
Last Reported: 6 and 7 May 2008
Concluding Observations Adopted: 15 May 2008
Issues raised and recommendations given:
Juvenile justice system: While noting the State party's intention to raise the minimum age of criminal responsibility to 12 years, the Committee is deeply concerned that it remains established at 8 years of age, that detained children are not fully segregated from adults, that a large number of children are sentenced to jail terms for minor offences and that corporal punishment is lawful and frequently used in juvenile prisons, such as in the Kutoarjo prison. The Committee is also concerned at the lack of a comprehensive juvenile justice system oriented to education and the socialisation of children in conflict with the law. Further, there is inadequate protection of street children against violence. (arts. 2 and 16)
The Committee urges the State party to: (a) Raise the minimum age of criminal responsibility in order to bring it into line with the generally accepted international norms on the subject and to abolish all corporal punishment of children; (b) Take the necessary measures to guarantee the proper functioning of a juvenile justice system including, inter alia, by treating minors in a manner appropriate to their age, in conformity with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty. (Paragraph 17)
Internally displaced persons: The Committee is concerned at the situation of refugees and internally displaced persons as a consequence of armed conflict, especially children living in refugee camps, including Timorese children separated from their families, who are often subject to ill-treatment. (arts. 14 and 16)
The Committee urges the State party to: (a) Take effective measures to prevent violence affecting refugees and internally displaced persons, especially children, who should be registered at birth and prevented from being used in armed conflict; (b) Strengthen the measures taken to ensure safe repatriation and relocation of all refugees and displaced persons, in cooperation with the United Nations. (Para. 18)
Data collection: The Committee regrets the absence of comprehensive and disaggregated data on complaints, investigations, prosecutions and convictions of cases of torture and ill-treatment by law enforcement and military personnel, as well as on trafficking, enforced disappearances, internally displaced persons, violence against children, ill-treatment of migrant workers, violence against minorities and domestic and sexual violence.
The Committee urges the State party to: (a) Compile statistical data relevant to the monitoring of the implementation of the Convention at the national level, including data on complaints, investigations, prosecutions and convictions of cases of torture and ill-treatment, trafficking, enforced disappearances, internally displaced persons, violence against children, ill-treatment of migrant workers, violence against minorities and domestic and sexual violence, especially in military conflict areas, as well as on compensation and rehabilitation provided to the victims. (Para. 35)
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UN Committee on Migrant Workers
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UN Committee on the Rights of Persons with Disabilities
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UN Committee on Enforced Disappearance
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