|Optional protocol||on the involvement of children in armed conflict, on the Sale of Children, Child Prostitution and Child Pornography|
|Corporal punishment||Corporal Punishment is legal in the home, alternative care settings, day care, schools and as a sentence for crime.|
|Overview of the child rights situation|
Indonesia needs to improve its implementation of children's rights. Girls are subjected to female genital mutilation, there have been forced evictions of families who now have no adequate housing or access to sanitation. International standards regarding child labour are not respected and children with disabilities are discriminated against.
|Female genital mutilation and reproductive rights|
The Committee notes that female genital mutilation (FGM), including the practice of so-called female circumcision, is not explicitly prohibited. It is gravely concerned about the large number of girls who have been victims to female genital mutilation (FGM). Therefore, the Committee urges the State party to adopt legislation to fully prohibit FGM in all its forms and to provide physical and psychological recovery programmes for victims of FGM, as well as establish reporting and complaints mechanisms accessible to girls who have been victims, or fear becoming victims, of the practice.
|Racism, children belonging to a minority and indigenous children||The Committee urges the State party to take all necessary measures to combat and eliminate all forms of violence against persons belonging to religious minorities, provide them with all the necessary effective protection and reparation, and bring perpetrators to justice. The Committee further urges the State party to take all necessary measures to eliminate poverty among indigenous communities and monitor progress in that regard, as well as provide for their equal access to all public services, pursue demilitarization efforts and ensure the prior informed consent of indigenous peoples with regard to exploitation of the natural resources in their traditional territories.|
|Situation of children with disabilities|
The Committee urges the State party to amend its legislation to ensure that discrimination on the grounds of disability is expressly prohibited and ensure that all provisions resulting in de facto discrimination of persons with disabilities are repealed. Also, the Committee urges to conduct awareness-raising and educational campaigns aimed at eliminating all kinds of de facto discrimination, in particular attitudinal and environmental barriers, against children with disabilities, inform and sensitize the public about the rights and special needs of children with disabilities and ensure that children with disabilities are provided with adequate financial support and have full access to social and health services. Indonesia should further ensure that children with disabilities can fully exercise their right to education and take all necessary measures to provide for their inclusion in the mainstream school system as well as collect specific and disaggregated data on children with disabilities, so as to adapt policies and programmes to their needs.
|Situation of asylum-seeking, refugee and migrant children||The Committee urges Indonesia to take all necessary measures to adequately address the situation of asylum-seeking children, and in particular ensure that the best interests of the child are always given primary consideration in all immigration and asylum processes and that unaccompanied asylum-seeking children are provided with adequate guardianship and free legal representation. It also urges the State party to cease the administrative practice of detaining asylum-seeking and refugee children, stipulate strict behavioural rules for guards and officials at detention facilities and ensure that the facilities are regularly assessed by an independent monitoring body. Indonesia should also ensure that, in all circumstances, children are separated from unrelated adults, have access to sufficient food, clean drinking water and sanitation, as well as health care, education and recreation.|
|Free primary and secondary school||No|
To guarantee every child the right to the enjoyment of the highest attainable standard of health, the Committee urges the State party to increase its health budget and expand access to primary health-care services across all provinces. It should ensure that those services are accessible and affordable for populations in both urban and rural areas, independent of their economic background. Indonesia should in particular ensure the provision of primary health-care services for all pregnant women, including access to antenatal care, safe delivery care, emergency obstetric care as well as postnatal care, as well as for children, focusing on interventions to reduce preventable and other diseases, particularly diarrhoea, acute respiratory infections and undernutrition, and promote good feeding practices for infants and young children. The Committee also urges the State party to strengthen and expand access to preventive health care and therapeutic services for all pregnant women and children, particularly infants and children under the age of 5, including universal immunization services, oral rehydration therapy and treatment for acute respiratory infections.
|Relation to other countries|
The Committee urges the State party to make every effort to ensure that children who work do so in accordance with international standards. In particular, it urges the State party to ensure that no child is exposed to any hazardous conditions or the worst forms of child labour, and that the involvement of children in labour is based on genuine free choice, in accordance with international regulations, subject to reasonable time limits and does not in any way hamper their education.
|Situation of juvenile justice|
The Committee is concerned at the large number of children sentenced to jail even for petty crimes, and that they are often detained with adults in poor conditions. The Committee is also concerned at the lack of social reintegration measures for children in conflict with the law.
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.
|Additional Background||Concluding observations on the third and fourth periodic reports released on 10 July 2014.|
|Last Updated (date)||22nd of February, 2022|