Komnas HAM, Indonesia UNCRPD Written Contribution
III.
Disability Protection Mechanisms
IV.
Inhuman Degrading Treatment
Part I: Fundamental Problem at the National Level
A. The Politics of Discrimination against Persons with Disabilities
5. Law No. 8 of 2016 has changed the paradigm from "charity" to "rights". However, the
said law still puts the Ministry of Social Affairs in charge as the authorized ministry,
making persons with disabilities perceived only as part of the social problems. Komnas
HAM considers this as a form of discrimination because persons with disabilities have
the same rights as any other citizens, not merely a social problem. The approach made in
this regard should be cross-institutional and multi-sectoral in nature.
6. Komnas HAM believes that discriminatory policies against persons with disabilities still
persist in numerous laws that have not been adjusted or amended to be in line with the
Law on Persons with Disabilities. Law No. 11/2009 on Social Welfare, for example, still
places persons with disabilities as people with social welfare problems. Such paradigm
perceives them as part of the social problems requiring a Charity-based solution.
7. The typical discrimination experienced by most persons with disabilities is the physical
and mental health requirements that prevents them from being able to apply for a job,
vote, and take part in political activities, among others. Komnas HAM noted a
discriminatory provision such as in Article 65 of the Civil Service Law, which requires
physical and mental health as a condition in the civil service recruitment process. The
Commission considers that such health requirements severely discriminate against
persons with disabilities. Therefore, it believes that the aforementioned conditions
should be removed from every form of requirement to allow fair access to employment,
education, and public office. Komnas HAM also urged the amendment of laws that still
put physical and mental health as part of their requirements.
8. Law No. 8 of 2016 has mandated the establishment of government regulations in its
implementation. The government regulations include: 1) Government Regulation on
Planning, Organizing, and Evaluating the Respect, Protection and Fulfilment of the
Rights of Persons with Disabilities, 2) Government Regulation on Appropriate
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