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to the legal normative framework are examined, which, it is suggested, also impede the full realisation of children’s freedom and participation rights.
Some traditional views and concepts about children are based on a very distinct understanding of children as being and supposed to be politically powerless, without independent status or
rights, and generally regarded to be the property of their parents, who are in turn allowed to treat their ‘property’ as they see it.
382
There is an underlying assumption too that children by definition lack the maturity to exercise rights to freedom of expression. A child who holds views
distinct from adults parents, guardians, andor teachers is automatically in the wrong. In effect, adults often respond negatively or punish children who express views or opinions different from
their own. This stand is legitimised on the grounds that it is in the best interest of the child. In focus group discussions set up to prepare this SITAN, practitioners reported some of the most
commonly held views regarding key children’s rights, notably that whilst in the process of development children should have no rights to freedom “A child should not be treated as an
adult for heshe is still in the process of personal development; heshe should be under parents’ or teachers’ guidance and does not deserve absolute freedom”. Other commonly held views
emphasise the rights of parents to discipline their children though corporal punishment “A father has the right to discipline his child with a good hard smacking. It is even taught in Islam”
and finally that notions of children’s rights are alien and contradict local morals and values “We should fight against Western liberal culture. Don’t use that culture to fight against Islamic shariah.
The role of the parent is to build good morals for children. We have to do so for the sake of our children. If not, our younger generation will suffer from moral degradation”.
383
These views are revealing of certain beliefs about children and families in certain sectors of Indonesian society. These beliefs include:
• That parental rights supersede children’s rights and that parents can and should have control over the development of their children;
• That family members will act in the best interests of children who are not capable of caring for themselves;
• That families rooted in traditional cultures are ‘strong families’, even though some of their cultural customs justify child maltreatment; and
• That families have the right to privacy and autonomy, even though this right often results in harm to vulnerable members.
In families that hold these views, decisions concerning child affairs remain wholly in the hands of parents. An interview with Wavan, a 15-year-old boy from Yogyakarta, illustrated this lack of
freedom and participation in decision-making. Wavan’s father decided that Wavan would major in Science rather than Social Science, his own favoured option, and Wavan felt compelled to accept
his father’s choice. Similarly Rahman, a 13-year-old girl from Surakarta hoped to continue her studies at the prestigious secondary school in a town where her close friends enrolled. However,
her father decided that as a future mother, she should have a strong religious background and she was therefore sent to a nearby pesantren an Islamic boarding school after she graduated from
primary school. Although the decision was made without her consent, she accepted her father’s choice as she did not want to be labelled a ‘naughty girl’. The latter relects the importance of
382 Walker, C. E., Bonner, B. L., and Kaufman, K. L. 1988 The physically and sexually abused child: Evaluation and treatment, Pergamon Press: New York
383 Focus group discussion results from Aceh, East Nusa Tenggara NTT, Papua and Central Java
labels that characterise children as ‘good children’ who comply with their parents’ decisions or ‘naughty children’ who oppose or disagree with their parents, and who are subjected to
punishment. Children’s responses to these pressures vary. Some internalise and accept the harsh treatment, opting to believe that although senseless, the punishments are in their best interest: “I
don’t mind being hit by my parents or teacher when I am wrong. Maybe they hit me because they want me to be a better child.” Other children express deep frustration and discontent: “How can
I enjoy freedom, when I cannot even ask for my favourite food without my parents getting mad at me” Maria, 14-year-old girl from Papua. For others, however, harsh discipline and corporal
punishment becomes intolerable and triggers flight or escape mechanisms. Marcus, a 15-year- old boy from Kupang, chose to drop out of school and flee from his home in search of work:
“Sometimes I don’t understand why he was always mad at me.” Although Marcus was able to find work as a driving assistant and so far has no regrets about his decision, fleeing home renders
children vulnerable to harm and exploitation.
These short excerpts illustrate that Indonesian children are a long way away from being in a position to exercise their rights to freedom and participation. Although the GoI has made an
important commitment towards the fulfilment of the CRC, the recognition of children’s rights to freedom and participation by the GoI has been somewhat lukewarm. The provisions of the 2002
ILCP, in keeping with the provision of the Indonesian Constitution, recognize children’s rights to participation on the grounds of ‘decency and propriety’. According to Save the Children,
this constitutes a diminution of the rights as envisaged by the CRC. These ‘reduced rights’ are, according to Save the Children, very much in evidence during divorce proceedings or during the
processes of placing children in alternative, foster care or adoption, where the views of children are neither heard nor considered.
384
3.5.7 POLICY RESPONSES AND CHALLENGES: NATIONAL CHILD PROTECTION SYSTEM IN INDONESIA
3.5.7.1 Child protection information management system The review above of specific issues related to child harm and vulnerabilities birth registration,
trafficking, violence and exploitation, etc. has consistently underlined the paucity of data relating to child protection in Indonesia. According to an in-depth analysis of child protection
information management in Indonesia, data are necessary for evidence-based programming and budgeting that delivers sufficient resource allocation towards preventative and protective
services.
385
Three kinds of data critical to efficient information systems are identified as lacking: data on the prevalence of cases, data on the prevalence of risk factors and evaluation information.
The same report argues that critical factors underpinning this endemic lack of data include the absence of a lead actor for child protection at the national level and the absence of agreement
on data collection priorities, procedures and methods, leaving each ministry to gather their own data. Failures in data sharing across government agencies, but also with and between major
NGOs working in the field of child protection, further weaken data compilation, management and analysis.
386
Additional dimensions at the sub-national level include poor data collection and transfer, notably from the district to the province level.
387
384 Save the Children 2010 Review report Indonesia, p10 and p30 385 UNICEF 2009 Child protection information system, p6
386 Ibid. 387 Ibid., piv
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3.5.7.2 System building approach to child protection as a strategy to build a protective environment
Since signing the CRC in 1990, Indonesia has acknowledged that all children are subject to their developing capacities, and therefore are in need of special safeguards and care, and are
entitled to certain fundamental rights. By ratifying the CRC, the GoI has made a legally-binding commitment to respect, promote and fulfil children’s social, economic, cultural, civil and
political rights. This requires the creation of an environment where all girls and boys are free from violence, exploitation, abuse, neglect, inappropriate judicial responses, and unnecessary
separation from their families.
As discussed in earlier subsections of Section 3, in general the situation for Indonesian children has considerably improved, particularly with regard to access to health care and
education. However, tangible gains for child protection are not keeping pace with progress in other areas. Children continue to face grave protection violations, such as sexual exploitation
and abuse, neglect, detention as a first response, the worst forms of child labour, trafficking, corporal punishment, unnecessary institutionalisation and violence in their homes, schools and
communities. Such violations have persisted over time, despite ongoing efforts.
Global analysis, clear evidence, and systematic practices in other countries demonstrate that it is indeed possible to establish effective strategies to address child protection violations. Many child
protection systems in other countries have proven to be more cost-effective and of greater benefit to the diverse range of child protection concerns, in contrast to other development approaches
that have focused on individual problems or specific child protection issues. Thus, the global evolving strategic approach to child protection concentrates on developing comprehensive
national child protection systems.
An effective national child protection system strengthens the protective environment to safeguard children against all forms of abuse, exploitation, neglect and violence, and should consist of
three interlocking components: the social welfare system for children and families, the justice system, and an integrated social behaviour change component. Such systems and components
should be structured in a way that both prevents and responds to all child protection concerns in an integrated manner. Thus, the national child protection system should prevent violations
from happening and protect children in all situations regardless of the nature of the violation or the context in which it occurs, including in emergencies, conflicts, and in periods of transition.
The work of the national child protection system should promote attitudes, beliefs, values and behaviours that ensure children’s well-being and protection, and affirm children’s human rights,
as set forth in the CRC, its Optional Protocols, and other international instruments.
Social welfare and justice systems, structures and services are the ‘who’ and the ‘what’ of the national child protection system. These structures refer to the organisation of institutions,
including the different ministries, departments and agencies, as well as their mandates, lines of accountability, responsibilities, capacities human, financial and physical, and services provided,
including for children, and the supporting monitoring and coordinating bodies. Social welfare and justice structures support different strategies, which include prevention of and response to and
mitigation of child protection violations.
Social welfare systems for children and families should be mandated in law to ensure that children’s rights to protection are fulfilled by those who have a role in their care, welfare,
protection and guidance, ensuring justice for children. Actors in the social welfare systems are accorded the authority and responsibility to undertake actions to prevent, respond to and
mitigate the impact of any significant harm occurring to children, whether by their parents or relatives, other children, individuals, groups of individuals, or by officers of the State itself, such
as teachers, police officers, and government institutional care providers. Social welfare systems within a national child protection system should prevent and respond to such violations, in all
situations regardless of the nature of the violation, or the context in which it occurs, including in emergencies, conflicts, and periods of transition. Social welfare systems should provide a
continuum of services from prevention to response through comprehensive primary, secondary and tertiary services.
A well-functioning national child protection system also needs an integrated child protection information management system. A commitment to collecting and analysing accurate
information, along with ongoing development work on child protective systems, implementation capacity and building solid policy and practices at all levels, will ensure country systems are
better able to respond to protection concerns on a daily basis, as well as those that emerge in emergencies. Successful implementation of child protection programme interventions as well as
child protection services in Indonesia is in part contingent upon the availability and timely use of good quality information. Availability of good quality strategic information is fundamental for
guiding policies and for designing, monitoring and evaluating programmes.
388
3.5.7.3 The Indonesian child protection system UNICEF works in close collaboration with the GoI in the process of building a comprehensive
Child Protection System at both national and sub-national levels. The UNICEF approach to child protection focuses on building a safe environment where “girls and boys are free from violence,
exploitation, and unnecessary separation from family; and where laws, services, behaviours and practices minimise children’s vulnerability, address known risk factors, and strengthen children’s
own resilience.” This approach is human rights-based, and emphasises prevention as well as the accountability of governments.
389
In addition, since 2008 the UNICEF strategy towards child protection has focused increasingly on the establishment of systems of child protection.
This is an acknowledgement of the fact that child protection spreads across national and sub- national government institutions and actors, as well as across non-government ones NGOs and
community groups and that it requires “coordination, integrated referral mechanisms and a strong normative legal framework…”
390
This strategy is singularly appropriate in the context of a country as large and complex as Indonesia.
Child protection represents a significant challenge because it requires coordinated intervention by multiple actors across a large number of fields and sectors, both at national and sub-
national levels.
391
Decentralisation has tended to multiply challenges from the perspective of coordination, but also because capacity for child protection work at the district and sub-district
levels is currently low.
392
Yet provided that capacity building takes place at the sub-national level, decentralisation also offers opportunities for rapid, appropriate and well-targeted responses,
which need to be maximised.
388 UNICEF 2009 Child protection information system, p1 389 UNICEF 2008 Child protection strategy, available at: http:www.unicef.orgprotectionilesCP_Strategy_English.pdf Last accessed 11
September 2010 390 UNICEF 2009 Child protection information system, piv
391 Ibid., p6 392 Ibid., p3
