44. Komnas HAM noted that there were discriminatory provisions as in Article 65 of Law no. 5/2014 concerning the State Civil Apparatus which requires physical and mental health as a requirement in the civil servant recruitment process. Komnas HAM considers that such health requirements highly discriminate against persons with disabilities. Therefore, he believes that such conditions should be removed from any form of requirement to allow for equitable access to employment, education and public office. Komnas HAM also urges an amendment to the law that still places physical and mental health as part of their requirements. 45. Law No. 8/2016 has mandated the establishment of a Government Regulation in its implementation. There are at least eight Government Regulations mandated by the Law on Persons with Disabilities, including: Planning, Implementation, and Evaluation of Respect, Protection and Fulfillment of the Rights of Persons with Disabilities; Adequate Accommodation for Persons with Disabilities in the Judicial Process; Adequate Accommodation for Students with Disabilities; Social Welfare; Fulfillment of Rights to Settlements, Public Services; Employment Disability Service Unit; Concessions and incentives to respect, protect and fulfill the rights of persons with disabilities; and Habilization and Rehabilitation Services for Persons with Disabilities. 46. Komnas HAM assessed that the process of forming government regulations was very slow and delayed. After a prolonged process, five Government Regulations and two Presidential Regulations already issued. There were debates over the draft Government Regulation on Concessions and Incentives which was challenged by the Ministry of Finance even though it has been regulated in Presidential Regulation no. 33/2018 concerning the National Action Plan for Human Rights. 47. Komnas HAM recommends the development of a protection mechanism for persons with disabilities. It also encourages the establishment of an independent national commission, as mandated in the Law on Persons with Disabilities, for persons with disabilities, which does not operate under a ministry. However, Presidential Regulation No. 68 of 2020 on National Commission for Dissability covered in contrary. The President decided the Commission is administrateively assisted by Ministry of Social Affairs. Komnas HAM expressed it’s disappointment and recommended that the Presidential Regulation should be revised in accordance with the Law No. 8 of 201639. Recommendation to the Committee on Economic, Social and Cultural Rights (CESCR): 39 ● To question the GoI on what has been done to prevent discrimination against persons with disabilities and the steps that have been taken to ensure that the problems of persons with disabilities are not only managed by the Ministry of Social Affairs; ● To question the GoI about the steps that have been taken to change discriminatory policies against persons with disabilities such as the Law on State Civil Apparatus; ● To ask the GoI of the problem of delaying the issuance of the remaining draft government regulations, how the government can ensure the formulation and implementation of these regulations are good and ensure inclusive public participation of persons with disabilities; and See https://www.komnasham.go.id/index.php/news/2020/7/9/1474/komnas-ham-dorong-kaji-ulangperpres-komisi-nasional-disabilitas.html (Komnas HAM encourage review of Presidential Regulation on