Komnas HAM, Indonesia UNCRPD Written Contribution
List of Issues:
1. Regarding the protection mechanism, how can the government prepares the
mechanism, including measures to ensure that complaints against customers can be
resolved, the protection mechanism continue to guarantee the fulfilment and
protection of persons with disabilities, and frequently-reported abuse -- such as
inhuman degrading treatment and torture -- can be reduced?
2. Please explain in details the mechanism through which the government will establish
an independent commission for persons with disabilities? If the commission had to
operate under one ministry, how would you make sure that the ministry's budgeting
arrangements would not affect the commission’s independence? How could the
commission extend its programs to other ministries and state institutions outside the
Ministry of Social Affairs?
D.
Inhuman Degrading Treatment
13. Komnas HAM deems it necessary to raise this issue in particular, especially for the
interest of those who belong to the psychosocial mental disability group. Komnas
HAM’s findings suggest that in regions where cultural values are deeply rooted in social
lives, people with mental disabilities have always been severely stigmatized as
everything from a curse, a disgrace to the family, someone possessed by evil spirits, or
harmful individuals who need to be excluded because they are seen as not being a part of
the community.4 The lack of understanding among the community and their family has
resulted in people with mental disabilities being hidden away and even receiving
degrading treatments from their own families with some being locked up or shackled.5
Due to the minimal understanding of the community and the dominating stigma around
Komnas HAM studies in Toraja and Bali Tenganan and Bengkala still find stigma that disability is considered a
curse because of ancestral sins. But the Toraja and Balinese people have started to involve disability in traditional
ceremonies by adjusting their abilities. Komnas HAM, 2017
5
The results of monitoring and investigation of the National Human Rights Commission in 2016 about mental
disability in 5 (five) Provinces in Indonesia, namely East Java, West Java, South Sulawesi, Bali, and Banten
concluded that the practice of mounting is still widely practiced in these five regions. Savings are carried out in the
family environment for various reasons including economic problems and lack of community knowledge regarding
the handling of mental disability.Komnas HAM, 2016
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