Komnas HAM, Indonesia UNCRPD Written Contribution
2. How does the government develop community-based rehabilitation programs?
Article 27 Employment and Employment Opportunities
51. The Government through Law Number 8 of 2016 guarantees employment opportunities
for persons with disabilities by reserving a minimum 2% employment quota in the
government sector, regional governments, state-owned enterprises (SOEs), and Regional
SOEs, and a 1% minimum quota in the private sector. Based on the compulsory
reporting data, the Ministry of Manpower reported that in a total of 440 companies
employing a workforce of approximately 237,000 personnel, only as many as 2,851
persons with disabilities are employed.33 This means only 1.2% of persons with
disabilities have been absorbed in the formal workforce sector. It also suggests that the
right to work has not been enjoyed by persons with disabilities.
52. Komnas HAM believes that the unfulfilled minimum employment quota for persons
with disabilities is a real impact of the government’s inability to impose administrative
sanctions against employers in both the government and private sectors who failed to
fulfil the quota. The sanctions may be given in the form of fines, temporary suspensions,
or revocation of permits, among others. Moreover, the government also has not been
able to ensure proper accessibility for persons with disabilities who work in the formal
sector.
53. The minimum 2% employment quota for persons with disabilities is not followed by
adequate disability-friendly facilities and infrastructure. The recruitment process has not
been conducted based on neither standard conditions and competency for persons with
disabilities nor the needs of the recruiting employer. This condition has led to many
workers with disabilities not working based on their skills and potential, and some even
not getting assigned with tasks or works.
33
Based on data from the National Labor Force Survey collected in August 2017, the national working age
population is 21.9 million people, whereas the number of employed persons with disabilities is 10.8
million. Quoted from Tempo.co, https:
//difabel.tempo.co/read/1143835/baru-1-persen-teman-disabilities-yang-berja-di-sector-formal/full&view
=ok, on 13January 2020, at 2:02 p.m.
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