cooperation contract for an oil and gas company is required to contain at least 11 provisions, including environmental management (k) and development of surrounding communities and guarantee for rights (hak-hak) of masyarakat adat (p). Furthermore, Article 33(3)(a) states that oil and gas-related business activities cannot be executed in “cemeteries, places considered sacred, public places, public facilities and infrastructures, nature preserve, cultural preserve as well as land belonging to masyarakat adat”. The law also allows cooperatives and small-scale companies to execute upstream and downstream business activities, which may be utilised by local individuals or communities, including indigenous communities. 19. The Law No. 4 of 2009 replaced the Mining Law No. 11 of 1967. This legislation is implemented by Government Regulation No. 78/2010 concerning reclamation and post-mining (20 December 2010) and Government Regulation No. 22/2010 on Mining Areas (1 February 2010). Article 4(1) states that “mineral and coal as nonrenewable natural resources constitute national wealth controlled by the state for the greatest benefit of the people's welfare.” The law stipulates a ban on mining firms exporting unprocessed ore from 2014 onwards and requires the firms to build local smelters or to cooperate with smelting companies to process the ore. The law does not contain any provisions for masyarakat (hukum) adat and their traditional communal land rights, nor does it provide provisions on the rights of masyarakat (hukum) adat to participate in the decision-making processes related to the mining projects in or around their territories. The law, however, contains provisions for artisanal mining (pertambangan rakyat), which may be utilised by local individuals or communities, including masyarakat adat in relatively limited conditions. 20. Komnas HAM appreciate efforts by a few corporations to responds positively to grievance reported by local communities and civil society organizations. However, Komnas HAM identified many complaints t the extractive industries remain unsolved. There are many of the mining licenses issued on forest areas which are still contested by either masyarakat adat or other local communities and the corporations due to conflicting laws and regulation. Another unresolved case is the Lapindo Brantas mudflow (East Java) where the local villagers have been suffering because the mud flowed over their houses. The Government set several efforts take to resolve the case, however many members of affected communities have not agree with the proposal. Furthermore, the environmental damages hardly to be rehabilitated. Article 2, paragraph 2 – Non-discrimination 21. The Law 4 of 1997 on disabled people had systematically discriminated disabled people. The Act number 4 of 1997 does not contain state obligation to protect, respect, and fulfil of human rights and individual freedom of the disabled persons, even though the 1945 constitution and act number 39 of 1999 on human rights had stated clearly that protection promotion, respect, and fulfilment of human rights including vulnerable groups such as people with disabilities, is the responsibility of Komnas HAM-52nd Session of ICESCR – April 2014, page 7