Komnas HAM, Indonesia UNCRPD Written Contribution
Article 5 Equality and Non-Discrimination
15. Indonesia currently adopts Law number 8 of 2016 on Persons with Disabilities. The said
law has given persons with disabilities a hope to have equal and fair treatment as
Indonesian citizens. The principles contained in the legal instrument also adopt the
CRPD’s principles of respect for human rights. However, most disability-related affairs
are still left under the management of the Ministry of Social Affairs, with programs
based on "pity", which is in contrary to the principles of the CRPD.
16. Komnas HAM finds that the treatment of disability-related affairs merely as social
affairs under the Ministry of Social Affairs is a form of discrimination because it
discriminates persons with disabilities and perceives them as a group with different set
of rights than other citizens when they should have been affairs of cross-sectoral
concern.
17. The information gathered by Komnas HAM suggests that a great number of persons
with disabilities are not recorded in the population register because their family never
registered them. This has resulted in difficulty later in life when children with
disabilities could not enrol in schools since a birth certificate is one of the requirements
in the enrolment.
List of Issues
1. What has the government done to prevent discrimination against persons with
disabilities, and what measures have been taken to ensure that disability-related
affairs are not managed only by the Ministry of Social Affairs?
2. How can the government ensure that every person with disabilities can obtain an
identification easily?
Article 6 Women with Disabilities
18. In response to Paragraph 174-180 of the Government Report on Women with
Disabilities, Komnas HAM considers that the government has not been serious in
addressing the issue of women with disabilities. The data collected by the commission
8