E/C.12/IDN/CO/1
Persons with disabilities
11.
The Committee is concerned that the definition of persons with disabilities in Law
No. 4 of 1997 does not follow a human rights approach and that the Law does not stipulate
the obligation to provide reasonable accommodation. It is also concerned at the little
progress made in making public services and facilities accessible for persons with
disabilities in spite of the numerous laws and regulations enacted by the State party to that
end, thereby maintaining their marginalization in the society (art. 2.2).
The Committee calls on the State party to bring Law No. 4 of 1997 into line with
international human rights standards and define the denial of reasonable
accommodation as a form of discrimination. The Committee also calls on the State
party to amend all legislative provisions which discriminate or lead to discrimination
against persons with disabilities.
Moreover, the Committee recommends that the State party adopt a human rightsbased policy for the promotion of the rights of persons with disabilities which
includes, among others:
(a)
Awareness-raising campaigns to eliminate stigma, negative stereotypes
and other cultural barriers to their full participation in society;
(b)
A timeline for rendering public services and facilities accessible to
persons with disabilities;
(c)
The introduction of temporary special measures in the fields of
education and employment;
(d)
The enjoyment of economic, social and cultural rights by all persons with
disabilities.
Economic, social and cultural rights in remote areas
12.
Acknowledging the challenges posed by the geographical configuration of the State
party, the Committee is concerned that the minimum essential levels of economic, social
and cultural rights are not guaranteed in remote islands and areas in Papua and other parts
of the country, primarily due to unavailability and poor quality of public services, including
in education and health. Furthermore, the Committee expresses concern at the lack of
access to remedies for violations of human rights and at the lack of comprehensive
knowledge of the human rights situation in those areas (art. 2.2).
Recalling that the exercise of Covenant rights should not be conditional on, or
determined by, the place of residence, and referring to Law No. 25/2009 on Public
Service, the Committee calls on the State party to adopt a human rights-based
approach in the implementation of the National Medium-Term Development Plan
(RPJMN) for 2015-2019 and to:
(a)
Accelerate the delivery of quality public services in remote islands and
areas in Papua and other parts of the country, by allocating the necessary human and
financial resources, by monitoring that they reach the intended beneficiaries, and by
clearly defining the responsibilities of the various levels of Government;
(b)
Ensure that judicial remedies and non-judicial institutions, such as the
State party’s national human rights institutions, are accessible in those areas;
(c)
Undertake to collect information on the situation of economic, social and
cultural rights of ethnic groups in highlands, remote and border islands and areas, in
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