Asia Pacific Region

Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 2-4 June 2003

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DISABILITY ON THE HUMAN RIGHTS FRAME
IN INDONESIA

By
Drs. SETIA ADI PURWANTA
DRIA MANUNGGAL
The Institute of Research, Empowerment and Development for People with Different Abilities
Indonesia

REAL CONDITION

The economic development and globalization is far influencing toward the process of government's implementation, especially the developing countries such as Indonesia. The development is getting progressive is to be translated as the increasing of the cumulationly rapidity economic growth and the availability of properly physically facilities/tools are really to be oriented to meet the needs of the capital owners, so it is no wonder the capital accumulation process happened in only one group. When the industrialization is regarded as one of the fast way to drive the rapidity economic growth, then all of development sectors are to be supposed to meet the requirements and needs of a such above industrialization process. The improvement of human resources as the productive, effective and efficient production tools and the exploitation of the natural resources will be conducted in a great amounts leaving the humans' values and nature balance.

This may happen due to the unfair cooperative relations between the authority (government official chief) and the capital owners. Even the government official chiefs become the capital owners. Based on the policies issued by the government are always put the capital owners as the priority. So, it is no wonder if there is an ignorance and destroying towards the citizen's rights that always getting weaker in the development process competition.

Environmental damages, the high number of accidents at work and street, the negative impact of using pesticide, uncontrolled use of drugs, the low of health insurance, the physically conflict's intensity is getting, social conflicts are getting so higher, and poverty in Indonesia, are the examples of causes to diffabilitiies that ignored by the Government. The government is not considering the Diffable as the productive human resources and even they are grouped as the citizens whose social problems which is that giving the big burden/ heavy problems for the government.

Because they are regarded not being able to give a contribution for the efforts of rapidity economic growth development but they are not being as the priority as the development humans. Politically structure and culture which currently a process which in fast disabling people with physically and mentally disabled, and as a consequence become the source of discriminating people labeled as Diffable in Indonesia. This discrimination process transpires in all aspects of life such as they are still hardly to access the rights for contributing the development in their country Its consequences is most of them do not have a well capability to solve their livelihood problems. In turn, the Diffable will be so suffered by being isolated, unable to get out from poor situation.

THE EXIST POLICIES

Refer to Standart Rules on the Equalization of Opportunities for Persons with Disabilities, the Government must have a duty to meet Diffable's human rights' needs in the accessibility of using public facilities, job placement training, income and social insurance, family livelihood and personal integrity, recreation and sports, spiritual/religion. To develop the public welfare and develop the intellectual life of Indonesian nation and to keep the world safety, the government has issued several law regulations which including the Diffable issues. Two of the special law rules on the Diffabilities are No. 4/1997 and Government regulation PP No.43/1998 about the social welfare of Diffable people.

On the special regulation which consisting about the public building accessibility, the government issued by Public Work Ministry No.468/KPTS/1998 about Technical Standart of Accessibility of the Building and Environment. And also other law rules those issued by the government. Although there are some law rules issued by the government, but still difficult to be implemented. This caused by the content of law is not clear, the weak understanding in the structure of law which resulting the weakness of law inforcement and society's understanding towards the culture of law.

This may cause the discriminating behaviors by as well government and society to the Diffable people still going on and the Diffable people will not get the law protection as should be.

This can be seen through the low access for the Diffable people to get the opportunities in all aspects of life such as; education, job, using public facilities, to access the information and communication technology, law protection, politic roles, health and social insurance, and culture development roles.
Its consequences is most of them do not have a well capability to solve their livelihood problems. In turn, the Diffable will be so suffered by being isolated, unable to get out from poor situation.

SOCIETY EFFORTS

In the critically condition like what happening in Indonesia as the country which has some problems due to economic, social, politic crises which is not enable to give all kinds of Diffable's problems to be tackled by the government itself. That is why there is a need to link between the Universities, NGOs which including the Diffable organizations themselves and wide society. For the things that to be handle by the Government are like issuing the policies implementation and establishing the structure of law. In the other hand, the things that to be done by the society are such as; pushing/requesting and control towards the issuing of law product, policies implementation and structure of law establishment process that conducted by the Government. Beside that, there are some things that are able done by both Government and the society such as socialization process, capacity building of Diffable people, and building the society's attitude and awareness on Diffable people's rights.

DRIA MANUNGGAL

Based on the above problems, The Institute of research, Empowerment and Development for People with Different Abilities "DRIA MANUNGGAL" has carried some below programs :

  1. 1996 ---- Establish a cooperation with Law Protection Board and 13 Diffable organization in Yogyakarta to setting up and propose the Leglisation Draft (RUU) on the Diffability issues to the Government and Central Parliament. Law rules UU No.4/1997 on Diffability issues was the result for its project.
  2. 1997 ---- Establish a cooperation work with Public Work Ministery, Law Protection Board, Architecture Department of Gajah Mada University, Local Government, and Local NGOs Forum were setting up and proposing the Technical Standart of Accessibility of Building and Environment that has been issued as the Decision Letter by Public Work Ministry No.468/KPTS/1998 about the Technical Standart of Accessibility of Building and Environment.
  3. 1999 ---- Establish a cooperation work with Law Protection Board and Diffable Organizations Forum, and Local Government of Yogyakarta Special Province to setting up and proposing the Local Legislation Draft of Technical Standart of Accessibility of Building and Environment to the several local Governments.
  4. 2001 ---- Establish a cooperation work with Indonesian Transformation Forum and Law Protection Board To setting up and proposing legislation draft on the National Education System to the government and counter parliament and including the Inclusion Education System into it. The result of it is the implementation Inclusion Education System is covered in the last legislation draft of the government and parliament version.
  5. ____ ---- To implement the books publishing such as ; Pembebasan dan Pembangunan (1998) and working together with ASHOKA INDONESIA FOUNDATION to publish some books such as; Menuju Masyarakat Terbuka and Pendidikan Hati. These kind of books are one the effort of the Diffable's rights socialization.
  6. 2001-2002 ---- Working together with Architecture Department of Gajah Mada University and Street Children Malioboro in Yogyakarta to set up the accessible area model for all People by put the guiding blocks for the blind people.
  7. 2001 ---- Working together with Architecture Department of Gajah Mada University Yogyakarta to hold the Sunday Morning Gathering in Malioboro street to socialize the existence of Diffable people among the society and establish discussion session with the society there.
  8. 2003 ---- Establish a cooperation work with UN ESCAP Thailand to conduct the Human Dignity Programs with Yogyakarta and Solo Government.
  9. 2003 ---- Establish a cooperation work with National Education Ministry to conduct a pilot projects of realization the inclusion education in 8 elementary schools in Yogyakarta.
  10. ____ ----- These kind of Dria Manunggal's activities are promoted and communicated to the other cities such as; Jakarta, Bandung, Jambi, and Solo.

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