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Children's civil rights

Source
Jakarta Post - April 21, 2007

Many Indonesian citizens, especially those who were born in the 1950s and 1960s, have no birth certificate. Instead, they hold a birth acknowledgment letter, or surat kenal lahir, issued by village or subdistrict heads. The latter only recognizes when and where the holders were born.

Only a few individuals and institutions have been concerned about the low possession rate of birth certificates among children in this country. UNICEF, through its representative in Indonesia, Steven Allen, announced in 2004 that Indonesia ranked among the countries with the lowest ownership of birth certificates.

According to UNICEF, less than half of Indonesia's children under five years old were legally registered by the state at that time. Allen said that the Philippines, Thailand and Malaysia were much better in this matter.

Unfortunately, there have been no significant changes since Steven revealed this gloomy finding. The registration of new-born babies and the provision of birth certificates remains poor.

The latest data issued by the Indonesian Child Protection Commission (KPAI) indicates that at least 11 million children under five have no birth certificates. According to the KPAI, of the 85 million children aged under 18 years in the country, only 34 million or 40 percent of them have birth certificates. In the teeming capital of Jakarta alone, one in five children has no birth certificate.

The situation exists despite the fact that the 2002 Child Protection Law stipulates that the state is responsible for registering all new babies. Meanwhile, the civil administration law, which was issued only last year, stipulates that birth certificates are to be issued for free. The law also rules that the government should actively collect data on citizens vulnerable to being missed by the civil administration system.

Things are clear on the matter. Still, the number of children possessing birth certificates remains small. Many parents have obviously been reluctant to register their babies for birth certificates, because applying for such a certificate means extra expenses, despite the fact that the civil administration law says the birth certificates are free.

For decades midwives have helped parents obtain birth certificates for their babies. Parents must then report the birth to their neighborhood chief and go to the subdistrict office to apply for the certificate. Money matters in the process, starting at the neighborhood chief's desk. The amount varies, but the process is certainly not free.

Big private hospitals in Jakarta also usually help parents obtain birth certificates. The hospital's maternity department gives the parents a letter of acknowledgement and it is the hospital that arranges the birth certificate with the relevant government institutions. The parents usually have to do nothing and simply pay around Rp 100,000 for each certificate.

Many subdistrict offices in Jakarta charge parents Rp 150,000 for a birth certificate.

Poorer parents are more likely to spend the money on their daily needs than a birth certificate. From that moment, the child's civil rights are being denied by both the parents and the state.

Receiving a birth certificate is the first right a citizen deserves to enjoy for free. It is time the state ran a public awareness campaign on the importance of birth certificates and their role in ensuring children's rights are protected.

The government must make sure that parents are able to easily and officially apply for birth certificates for their children, as guaranteed by law. Parents should also have means to report any officials who attempt to charge them in the course of obtaining a birth certificate. And the government must take prompt and proper action against any officials caught abusing their power.

When the implementation of the child protection law and the civil administration law is guaranteed, the public can acknowledge the importance of birth certificates.

The state's failure to provide birth certificates for children for free is a great denial of citizens' basic rights.

The government must realize that is has long denied millions of silent citizens their right to education, health and welfare, which they are guaranteed by the Constitution.

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