detrimental to mental/intellectual PWD. Local governments that manage private social
rehabilitation centers do not have sufficient knowledge to fulfill and protect PWD to the fullest
in accordance with the CRPD, such as baseline data of the PWD, guarantees of occupants' rights,
use of inhuman or degrading methods, and treatment of PWD who contrary to the CRPD. One of
the main causes is the Government does not have a comprehensive monitoring scheme.
Government created Working Group for Human Rights of the Psychosocial Illness (P5HAM) do
not receive strong support, both in terms of budget, human resources, and systems, so it has not
been able to maximally guarantee the rights of PWD who are in Centers
Recommendation:
- The GoI shall prepare the minimum service standards for privately social rehabilitation
centers in accordance with the CRPD and ensures that all government officials, whether
central, provincial and/or district, understand these standards and make them a reference in
the management of centers;
- Strengthening the role and function of GoI Working P5HAM in monitoring and supervising
nursing homes, including increasing accountability and transparency in handling PWD in
nursing homes.
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.
Recommendation: 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.
Indonesia – Komnas HAM to Committee of CRPD – 16 August 2022 – Page 4