Materials :
Country Papers :
Indonesia Country Report
UN-ESCAP Workshop on Regional Follow-up to the Fifth Session and
Preparation Session of the Ad Hoc Committee on an International Convention
on the Protection and Promotion of the Rights and Dignity of Persons with
Disabilities
Bangkok, 26-27 July 2005
1. General overview of disability-specific legislation
- Law no: 4 /1997 re:
People with Disabilities consist on 6 components, that are: a) Rights and
Responsibility of PWDs which elaborates the rights and responsibility of
PWDs as well which depends on the degree of disability, education and
capability of PWDs, b) Equal Opportunity of PWDs which chapter elaborates
the opportunity of PWDs on areas of provision of accessibility, education,
employment, c) Efforts which elaborates the Government as well as
community on providing rehabilitation services as well as social assistance
and maintenance the social welfare level of PWDs, d) Enlighten and Community
Participation which stated that government has role on enlighten toward the
Measure on the enhancement of social welfare for PWDs which covers the whole
aspects of life, e) Sanction if cannot meet the requirement, and f) Changed
Regulation
- Government Regulation
no: 43 / 1998 re: Measure on Social Welfare Enhancement for PWDs, that
consist of 9 components, are as follows: a) General Information on Equal
Opportunity, b) Equal Opportunity on Education, c) Equal Opportunity on
Employment : PWDs workers and Work Climate, d) Rehabilitation covers Medical
Rehabilitation, Educative Rehabilitation and Social Rehabilitation, e)
Social Assistance, f) Maintenance social welfare of PWDs, g) Community Role,
h) Coordination, and j) Enlighten and Supervision.
2. Current level of implementation of BMF
Implementation of BMF in our country is based on the National Plan of
Action for Indonesia People with Disabilities that has been launched in
2004. On the NPA covers 8 action programs, there are: a) Self-Help
organization of PWDs and parent association, b) Women with disabilities, c)
Early detection, early intervention and education, d) Training and
employment , including self-employment, e) Access to built environments and
public transport, f) Access to information and communications, including
information, communications, and assistive technologies, g) Poverty
alleviation through capacity building, social security and sustainable
livelihood programs, and h) International Collaboration.
Those action programs that have been implemented are as follows:
- On the action program no: 1, Government
of Indonesia together with the NGO for and of PWDs has initiated to develop
the Parent Association on several provinces. However, during this year
Indonesia will have a National Parent Association after socialization of the
important role of parent association to representatives of NGOs, Provincial
Government, and the Social Rehabilitation Institution for PWDs and
Community.
- In order to enhance the social welfare,
women with disabilities involve on variety activities, either through
Indonesia National Board for Social Welfare (DNIKS), or women organization,
such as Indonesia Women Corps (KOWANI).
- In term of the implementation action
program no: 3, on August 14th, 2004 on National Workshop,
Government of Indonesia through Ministry of National Education declared
“Education toward Inclusion”. The main point of the declaration is that
children in needs includes children with disabilities PWDs have equal right
to access education without any discrimination by development integrated
education model which is expected become Inclusion of education. It has been
implemented in several schools in Jakarta, Bandung and Surabaya. Those
Schools provide special training for teachers on those schools and provides
assistive tools on each school.
- Meanwhile in the implementation action
program no: 4, Government of Indonesia through The Ministry of Social
Affairs cooperation with JICA (Japan International Cooperation Agency) has
established the Centre of Information and Services on Vocational
Rehabilitation for PWDs (CISVRP). The function of this centre is to operate
the Empowerment Forum of PWDs that has been established on each province
throughout Indonesia. So far there are 4 CISVRPs located in Bali, East Java,
South Sumatera and South Sulawesi. This year 4 CISVRPs will be established
in Central Java, West Java, West Sumatera, and South Kalimantan. Activities
of CISVRP consists of: Provision information on data and problems of
disability and of PWDs in general, assessment, referral system, a place that
provides services for PWDs, list of PWD workers and business sectors that
employed PWD workers.
- Indeed, respond to action program no: 4,
especially on fulfilling the 1% quota for PWD Workers, The Coordinating
Ministry on People Welfare has initiated to apply 1 % quota for PWD workers
who work on Government Institution. Although in Law no: 4 /1997 on People
with Disabilities only mentions 1% quota for PWD workers who work on
business sectors, The Government of Indonesia will apply that quota to the
government sector by this year. Actually, last year Government has applied
this quota however still faced a lot of barriers especially on provision
accessibility for candidates who are need accessibility to follow the
examination.
- In 2004, PWDs in Indonesia has expressed
their political rights on National General Election for the first time. On
this activity, Government provided varieties accessible facilities for PWDs
in order they were able to participate on the National General Election on
2004. Even-though there are so many barriers on providing accessibility for
PWDs, however the implementation of the election can be categories as a
success program for PWDs.
- On provision of accessibilities as
mention on action program no: 5, Based on the Law no: 28 / 2002 on
Buildings, Minister for Public Work’s Decree no: 468/KPTS/1998 on Technical
provisions fro accessibility in Public Buildings and Their Surroundings,
There are several activities implemented as a responsive action toward
legislation. Such activities are: Distributed circulated letter from
Minister of Social Affairs to the Governors throughout Indonesia that forced
the Governors and His colleagues to implement that legislation on
development building and other public facilities in their provinces. By the
end of this year, Ministry of Social Affairs has a book on Accessibility
Provision on Social Rehabilitation Centre for PWDs. This book is expected
can be used by all centers or institution that provided services for PWDs
will provide accessibility for PWDs.
- For the purpose of provision Information
accessibility, In Indonesia there are cooperation between Ministry of
Communication and Information and Organization of People with
Disabilities in order to develop the website, training computer , and
others.
- On September 30 – October 4, 2004
Indonesia conducted National Sport Competion for PWDs in Palembang, South
Sumatera. This event has conducted after the National Sport Competition.
This is the first time National Sport Competition for PWDs that has been
conducted together with National Sport Competition. There are 1100 athletes
and officials from 26 provinces that follows 8 sport competition such as :
Athletics, swimming, badminton, tennis table, football, wrestling, chest,
Wheel Chair Tennis. The winner of this competition is Group form West
Java with 30 Gold Medals, 25 Silver medals, and 20 Bronze medals.
- People with Disabilities in Indonesia
face a lot of problems in order to maintain their sustainable life.
Therefore, some of them receive some money and training , so that they are
able to implement self employment through Small Income Generating Scheme (KUBE).
3. reasoning we need an International
Convention on Disability
- To have the equal understanding from variety countries on
international level regarding the important services and rehabilitation for PWDs as part of social problems.
- To understand the existing problems, the progress of the
services and rehabilitation for PWDs from other countries as a comparative
study material.
- To know variety of policies, principals, as well as programs
from other countries, NGOs and Donor Agency as well in order to find the
opportunity to develop rehabilitation and services for PWDs.
- To enhance cooperation among countries, NGOs as well as
International Donor Agencies on rehabilitation and services.
- Participants of
the International meetings are expected to translate the result of these
meetings and distribute the results on each country and as a pioneer on
rehabilitation and services.
4. View and inputs on the components of a proposed convention:
- Preamble:
enough
- Objectives:
Agree with the alternative formulation that the Ad Hoc Committee may wish to
consider is: “The purpose of this Convention shall be to protect and promote
the rights of persons with disabilities.
- Scope / definitions: Agree if the definition reflects the social
model of disability .
- Sates parties’ obligation: agree with the exception to the point
1 (a) and (d) that the sentences are too strong obligation, therefore it
needs to be rephrased so that the sentences are friendlier.
- Guarantee of
equality and non-discrimination: agree
- Guarantees of
specific rights: agree
- Monitoring/review/remedy mechanisms
- Miscellaneous
provisions
5. View and inputs on process towards elaborating a proposed
convention.
- The Convention does not success to
equalize the perception of each country on protection and placement for PWD’s workers. Each country has its own definition regarding protection and
placement based on the situation each country.
- The convention should be able to make a
decision on definition regarding discrimination and or violence toward PWDs
so that country on Asia Pacific region has the same perception, such as
quota on Placement for PWD’ workers.
- It needs a Pilot Project on Integrated
social rehabilitation and services activities for PWDs which is funded by
the UN as an application of the convention result.
- It needs as understanding from the policy
makers on Human rights, especially on “respect diversity among the human
being and disability as one of human diversity. They should treat the PWDs
as their faith, dignity and ability.
Jakarta, June 8, 2005
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