Monday, August 07, 2017

People’s Coalition Rejects “All-in-One” Government Regulation to Implement Law on Persons with Disabilities

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Prayogo Serevin Wisnumurti, Agus Sahbani


Persons with Disabilities. Photo by: RES (Illustration)


Various elements of the People’s Coalition have voiced their opposition to the so-called “All-in-One” Government Regulation to implement Law No. 8 of 2016 on Persons with Disabilities (Disability Law). This law will see the government gathering together 15 Government Regulations (Peraturan Pemerintah – PP) under a single “All-in-One” PP. The People’s Coalition comprises of the Working Group on the Implementation of the Disability Law (Kelompok Kerja – Pokja), Sehjira, Sigab Yogyakarta, Legal Aid for Disabilities in East Java (Lembaga Bantuan Hukum – LBH), Perdik Makassar, The Healthy-Life Association (Perhimpunan Jiwa Sehat) and PSHK.
The People’s Coalition asserts that the policy of establishing an “All-in-One” PP is misguided and deviates from both the rule and spirit of laws which define disabilities as a human rights issue. As stated in a press release received by Hukumonline on Saturday 5 August, 2017, there are three main reasons underlying the coalition’s rejection of the “All-in-One” PP.
Firstly, the “All-in-One” PP is seen as contradicting both the Disability Law and the Convention on the Rights of Persons with Disabilities (CRPD). Secondly, the policy of making an “All-in-One” PP is to be implemented without the involvement or input of any persons with disabilities. Thirdly, the “All-in-One” PP diverges from the spirit of a campaign commitment made by President Joko Widodo in the form of the Soeharso Charter.
The People’s Coalition thus believes that the government steps, which initiated by the Ministry of Social Affairs, is wrong and that the original instructions contained within the Disability Law should be reinstated. Under this law, the government is required to formulate separate PPs. There should be at least seven PPs in total, based on the duties and functions of the Ministry/Institutions, and these should cover the 15 provisions set out under the PPs in question.
According to the People’s Coalition, the formation of separate PPs is in accordance with the spirit of the CRPD, which was ratified by Indonesia through the issuance of Law No. 19 of 2011, which defines disability as a multi-sectoral issue for the government. In addition, the establishment of separate PPs is also in line with current efforts to implement the Sustainable Development Goals (SDGs), which the government is striving hard to meet.
The People’s Coalition press release states that, “The plan to establish an ‘All-in-One’ PP will clearly weaken the government’s commitment as regards disability issues. The ‘All-in-One’ PP will turn disability into a matter of charity. This is because this issue will only be considered as part of the duties and functions of the Ministry of Social Affairs, as an initiator.”
In addition, according to the coalition, the process of formulating an “All-in-One” PP does not involve any people with disabilities. This is clearly harmful to the spirit of collaboration between the government and the people, a spirit which has already begun to manifest itself through the formation of various regulations on disability issues. Under these conditions, it is unlikely that the “All-in-One” PP that eventually emerges will adequately address the issue of disabilities within Indonesia.
Therefore, the Coalition is asking President Joko Widodo to immediately take a stand and to change the current “All-in-One” PP policy into a policy that encompasses separate PP. Any policy that is implemented, according to the People’s Coalition, should not violate the government’s own pledge, as enshrined within the text of the Soeharso Charter. Under the third point of the Charter, President Joko Widodo is committed to “…building a government that perceives people with disabilities to be assets to the state, not burdens, including through decisions which are taken either in the form of regulatory policy or budget policy."
The Coalition asserts that, “President Joko Widodo must maintain his disposition to disability across every political decision and their implementation, so that persons with disabilities can enjoy the fruits of development.”
On this basis, the People’s Coalition is urging President Joko Widodo to change the current policy of establishing an “All-in-One” PP to a minimum of seven PP which will be initiated by separate M/I in accordance with their related duties and functions. In addition, the government is being urged to formulate a Presidential Instruction which adequately addresses mainstreaming, program formation and budgeting as regards the fulfilment of the rights of persons with disabilities. These rights will apply across each Ministry/Institution in accordance with their respective duties and functions, starting from the 2018 fiscal year.

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