It's not a draw because both sides haven't agreed to a draw. Can't say much more without affecting the outcome of a game in progress. Learn the rules.
Why don`t Draw!
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Obviously the position is drawn, but your opponent might not know that. In similar situations, I usually send a message to my opponent politely informing him that I believe the position to be drawn, and asking him for another game.
There is an "offer draw" button, if you want to ask your opponent to agree to a draw. Normally, when I use it, I also type something in the chat about offering a draw - it's easy for him to miss it otherwise.
You can also keep repeating the same moves over and over. Sooner or later, you're going to hit the 3 repetitions rule, or the 50 move rule, in which case you can claim a draw (in which case your opponent doesn't have to agree.)
This game isn't automatically drawn because in thory, one player could make huge blunders and allow the other one to promote a pawn and win the game.
http://www.chess.com/echess/game.html?id=43314668