Brief background
Indonesia ratified the Convention on the Right of Persons with Disabilities in 2011, enacting Law number 19 of 2011 on the Ratification of the Convention on the Right of Persons with Disabilities. To ensure the fulfillment of the rights of persons with disabilities, the Government issued Law number 18 of 2016 concerning Persons with Disabilities. The existence of the Act served as a regulatory umbrella for persons with disabilities and guaranteed their protection from all forms of injustice, violence, and discrimination. To provide more comprehensive and clear guidance, the Government issued six Presidential Regulations on:
- Fulfillment of the Rights of Social Rehabilitation for Persons with Disabilities
- Proper Accommodation for Persons with Disabilities in the Judicial Process
- Protection and Fulfillment of the Rights of Persons with Disabilities
- Planning, Implementation, and Evaluation of the Implementation of Respect, Protection, and Fulfillment of the Rights of Persons with Disabilities
- Fulfillment of the Right to Settlements, Public Services, and Protection from Disasters with Access for Persons with Disabilities
- Disability Service Unit in Employment.
Two further regulations are being drafted:
- Habilitate and Rehabilitate Services for Persons with Disabilities
- Adequate Accommodation for Students with Disabilities, Concessions, and Respect Incentives
The Government, through BNPB and the relevant government ministries/institutions, adapted the cluster mechanism in 2014. As a follow-up, the Ministry of Social Affairs - as the Coordinator for Displacement and Protection Cluster (Klaster PP) – formed the Sub-cluster for the Protection of the Elderly, People with Disability, and Other Vulnerable Groups with the enactment of Ministerial Regulation Number 24/2015 on the Guideline for Displacement and Protection Cluster.
While disability inclusion was clearly a priority for the Government, people with disabilities still faced challenges in society, including underestimation of their presence, and lack of respect for their rights, particularly during emergency responses.
At the global level, the IASC had already published the Guidelines on Inclusion of Persons with Disabilities in Humanitarian Action. As such, it was necessary to review and analyze existing regulatory documents and their implementations while simultaneously exploring the IASC Guidelines to identify gaps and possible future improvements. The Guidelines would serve as a reference in integrating disaster inclusion into the HCT Contingency Plan.
How we went about it
The objective was – in collaboration with government and non-government partners - to advocate for the IASC Guidelines on Inclusion of Persons with Disabilities in Humanitarian Action with various stakeholders in Indonesia, as well as enriching the HCT contingency plan with the guidelines. An easily accessible, succinct report analysing the existing regulations/guidelines being implemented was produced.
Working with key Indonesian humanitarian partners, the integration of disability inclusion in humanitarian preparedness and response activities was assessed and improved. This required understanding of how persons with disabilities had been included in previous response plans, and what improvements could be made to complement advancing the UNDIS and UNCT Disability Inclusion scorecard.
Results
- A brief analysis and report with findings on Disability Inclusion (DI) in the context of humanitarian response, with feedback/inputs from OPDs.
- Translated IASC Guidelines on Inclusion of Persons with Disabilities in Humanitarian Action (https://interagencystandingcommittee.org/iasc-task-team-inclusion-persons-disabilities-humanitarian-action/documents/iasc-guidelines)
- A concept note on DI sensitizations across the national clusters, in consultation with BNPB, the National Cluster on Displacement and Protection (which housed the sub-cluster of Elderly, Persons with Disability, and Other Vulnerabilities) and relevant organizations, including OPDs.
OCHA staff aided in ensuring that DI concerns and needs were included in the HCT contingency plan, including a set of actionable recommendations for inclusion of DI in the HCT plans.
The concluding workshop
A workshop was held to encourage stakeholders to increase their efforts in promoting the involvement of persons with disabilities in disaster emergency management plans. Participants were encouraged to:
Ø Identify and remove barriers so that persons with disabilities have access to appropriate assistance,
Ø Empower and build capacity of persons with disabilities, and
Ø Obtain data disaggregated by sex, age and disability.