property. In addition, the provisions on the criminal sanction of refusing the mobilization order are inconsistent with the principle of voluntariness (non-mandatory).37 Recommendation to the Committee on Economic, Social and Cultural Rights (CESCR): ● To urge the GoI to prevent any form of forced evictions, including in national strategic development projects; ● To urge the GoI to immediately develop policies and programs for resolving agrarian conflicts caused by government policies as mandated in MPR Decree No. IX/MPRRI/200138; ● To urge the GoI and the House of Representatives to expedite legislation harmonization in accordance with Indonesia's human rights obligations under the Covenant which prioritizes respect, protection and fulfillment of rights in every process of national economic development, including the amendments to the Job Creation Law which must be carried out within the next two years; and ● To question how the GoI involves the participation of affected communities in a meaningful consultation process in a spatial plan, business use plan both nationally and at the local level, with special attention must be paid to accommodate the knowledge of communities and indigenous peoples, both in the form of geospatial data and local knowledge about space. People with Disabilities 41. Komnas HAM appreciates the Parliament and Government of Indonesia which issued Law no. 8/2016 concerning Persons with Disabilities. The law provides hope for persons with disabilities to receive equal and fair treatment as Indonesian citizens. The principles contained in the legal instruments also adopt the principles of the Convention on the Rights of Persons with Disabilities (CRPD) to respect and protect the human rights of these groups. However, most disability issues are still under the management of the Ministry of Social Affairs, with programs based on the principle of “pity”, which is contrary to the principle of the CRPD which must be based on the principle of rights. 42. Komnas HAM considers that the treatment of disability matters solely as a social matter under the Ministry of Social Affairs is a form of discrimination because it discriminates against persons with disabilities and views them as a group with different sets of rights from other citizens that they should have and become a matter of cross-sectional concern. The rights of persons with disabilities should be mainstreamed by the state in implementing their policies or programs. 43. Komnas HAM is of the opinion that discriminatory policies against persons with disabilities persist in various laws which have not been adjusted or amended to be in line with the Law on Persons with Disabilities. Law Number 11 of 2009 concerning Social Welfare, for example, still places persons with disabilities as persons with social welfare problems. The paradigm views them as part of a social problem that requires charity-based solutions. 37 Komnas HAM, Kajian atas Undang-Undang Nomor 23 Tahun 2019 tentang Pengelolaan Sumber Daya Nasional dalam Perspektif Hak Asasi Manusia, 2020. 38 MPR is Majelis Permusyawaratan Rakyat or People’s Consultative Assembly